The European Neighbourhood Instrument Will Be Implemented Within The Framework Of The European Structural Funds And The Investment Objective "european Territorial Cooperation" Programme Management Law

Original Language Title: Eiropas Kaimiņattiecību instrumenta ietvaros īstenojamo Eiropas Strukturālo un investīciju fondu mērķa "Eiropas teritoriālā sadarbība" programmu vadības likums

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Read the untranslated law here: https://www.vestnesis.lv/op/2015/251.1


The Saeima has adopted and the President promulgated the following laws: the European neighbourhood instrument will be implemented within the framework of the European structural funds and the investment objective "European territorial cooperation" programme management law article 1. The terms used in the law, the law is applied in the following terms: 1) predefined project — a project that is not selected in the tendering process and the implementation of which is agreed upon by all partners of the programme, and approved by the European Commission; 2) checking the eligibility of expenditure — activities implemented under the programme and funding at the program of compliance with the conditions of inspection; 3) national Subcommittee — Latvia established a collegiate institution that provides the Advisory function of the national authority responsible for the program management and control and operating in accordance with its approved Charter; 4) national authority — the partner country national body that provides the program of partner country commitments relating to the development of a programme document and the program management and control; 5) mismatch: infringement in accordance with the Commission's March 2014, august 18 of the implementing Regulation (EU) no 897/2014, laying down specific rules for the cross-border cooperation programmes financed under Regulation (EC) no 232/2014, with the establishment of the European neighbourhood instrument (hereinafter Regulation No 897/2014) article 2; 6) programme — European structural and investment fund objective "European territorial cooperation" programme, which is to be implemented within the framework of the European neighbourhood instrument; 7) funding — part of the budget of the joint programme, the European regional development fund, the European neighbourhood instrument, funding and program partner funding; 8) — the rate of program funding as a percentage of the total eligible project expenditure; 9) programmes in the beneficiary: a public or private law legal person to whom the funding allocated under the program; 10) program partner, the European Union Member State or country outside the territory of the European Union, which in the regions have been identified as eligible in the area; 11) State budget co-financing — national part of the funding is expected from the State budget in addition to the program for funding the total eligible expenditure; 12) State budget co-funding rate — the percentage of the State budget co-funding to projects total eligible expenditure; 13) virssaistīb — additional obligations to make payments from the State budget to the total eligible expenditure, exceeding the program's funding and Government co-financing. 2. article. The purpose of the Act, the Act aims to provide an efficient, transparent, and the principles of sound financial management, the appropriate program management in Latvia, in so far as it does not determine directly applicable European Union legislation. 3. article. The scope of the law (1) of the Act defines the following programme: 1) Latvian-Russian cross-border cooperation programme; 2) Lithuanian-Latvian-Belarussian cross-border cooperation programme. (2) of the Act apply to 2014 – 2020 programming period. 4. article. The State budget for the co-financing rate (1) State budget co-financing rate under the programme for the implementation of the approved projects is not higher than specified in the programme document for Latvia the minimum possible rate, which can provide the European Commission decision approving the programme for the priority axis of the programme the specific programme funding rate, except that this article is referred to in the second subparagraph. (2) the cabinet shall be entitled to decide on State budget co-financing rate increase above the limit laid down in the first subparagraph above certain projects and major infrastructure projects, if during the implementation of the programs available funding is not sufficient to achieve the objective of the project. 5. article. Virssaistīb (1) the managing authority is in a position to assume virssaistīb, subject to the agreement of all partners of the programme. (2) Virssaistīb must not exceed five percent of the program's funding, with the exception provided for in the third subparagraph of article. (3) the cabinet shall be entitled to decide on raising virssaistīb over the second part of this article in a certain limit, if it is necessary for the complete programme funding and not risk that will require additional expenditure in the national budget planned total eligible expenses. (4) in the case of Virssaistīb admission is determined by the Cabinet of Ministers virssaistīb procedure. 6. article. Program management program management institutional structure provides the following institutions: 1) the national authority; 2) national Subcommittee; 3) managing authority; 4) the audit authority; 5) Joint Monitoring Committee; 6) joint technical secretariat. 7. article. National responsible authority, its obligations and rights

(1) the national authority shall be set up by Regulation No 897/2014 article 20, paragraph 6 of the "a" section, and operate in accordance with article 31 of that regulation. (2) the national authority shall have the following responsibilities: 1) in cooperation with the partner countries to ensure participation in the drafting of the document, it is submitted for approval to the Cabinet of Ministers, participation in program implementation, monitoring and evaluation, financial control and audit; 2) represent Latvia as a country programme document for the amendment; 3) in the case of the Latvian-Russian cross-border cooperation programme in addition to the second paragraph of this article (1) ensure that the programme submission for approval to the European Commission and to ensure representation in the negotiation process on the document's approval; 4) to provide the signing agreement on participation in the programme and the implementation of the programme, as well as to ensure its execution, if agreed by the program partner countries; 5) confirm in writing the consent of Latvia the programme content of Regulation No 897/2014 article 5 (1); 6) represent the Latvian national interests by approving and providing participation in the Joint Monitoring Committee, as well as in article 11 of this law in the fourth part of that decision-making, respecting efficiency and effectiveness; 7) ensure national subcommittees; 8) provide the State budget co-funding for the planning and execution of the programme or budget for technical assistance for the implementation of the programme, if agreed by all the partners of the programme; 9) to ensure State budget planning, allocation of co-financing and payments in Latvia registered the program's beneficiaries according to this law, article 14, paragraph 3, of the procedures laid down; 10) determine the institution that fulfils the function of financial control and verification of compliance with the expenditure carried out in Latvia registered beneficiaries of the programme, as well as to provide methodological guidance on financial control in accordance with Regulation No 897/2014 article 20, paragraph 6 of the "a" section; 11) to determine the functions of the focal points of control the artist in accordance with Regulation No 897/2014 article 20 paragraph 6 of section "b"; 12) to designate the national representatives for participation in the Group of Auditors; 13) provide, upon request, programme management bodies involved and the persons opinion on potential in Latvia registered the funding recipient compliance with the participation of the project in accordance with the programme set out in the document of the project partner eligibility criteria; 14) to provide relevant programs to the managing authority and the audit authority, as well as the European Commission information on the implementation of the programme identified inconsistencies, as well as provide the managing authority the information necessary for the management of the programme; 15) to ensure information and publicity measures, encouraging the development of projects and programmes in Latvia registered the participation of the beneficiaries; 16) to take the necessary steps, in accordance with the conditions of the program funding from the recovered in Latvia registered beneficiaries of the programme for its inappropriate expenditure. (3) the national authority responsible has the following rights: 1) consult the national Subcommittee on proposed amendments to the programme document, the monitoring of implementation of the programme, in the framework of the project compliance with national and regional planning documents and their priorities, the risk associated with the project with other national conflicts, or international programme of projects, as well as the potential of the programme in Latvia registered the project submitted by the requested submission of the progress funding programme concerned the Joint Monitoring Committee; 2) to request and receive information from other programs, management bodies and the beneficiaries of the programme, to ensure the management and control of the programme-related decision-making; 3) to express an opinion on the draft submitted to the approval of applications for funding or rejected the Joint Monitoring Committee of the program; 4) propose a programme management bodies involved in the implementation of a project carried out inspections or other control measures. (4) the national competent authority for environmental protection and regional development Ministry. (5) the protection of the environment and regional development, the Ministry ensures that the functions that it performs as a national responsible authority are separated from other functions. 8. article. National Sub-Committee, its obligations and rights (1) the composition of the national Subcommittee approved by the national authority. National subcommittees shall consist of: 1) one representative of the Ministry of defence, the Ministry of Foreign Affairs, the Ministry of Economy, Ministry of finance, the Ministry of the Interior, the Ministry of education and science, Ministry of culture, Ministry of welfare, the Ministry of transport, Ministry of Justice, the Ministry of health, the environment and regional development Ministry, the Ministry of agriculture and Pārresor coordination centre; 2) two representatives of the national authorities; 3) one representative from each of the planning region; 4) one representative of the Union of the Municipalities of Latvia, Latvian Association of large cities, the employers ' Confederation of Latvia and Latvian Chamber of Commerce and industry. (2) national subcommittees shall have the following responsibilities: 1) to advise the national authorities responsible for the preparation of opinions on the implementation and monitoring of the programme; 2) by request of the national authorities and on the basis of the information provided, to advise the authority on the potential of the programme established in Latvia, the beneficiary of the financing in the framework of the application of project compliance with national and regional planning documents and their priorities, as well as the risks associated with overlapping with other projects of national or international programmes; 3) at the request of the national authorities to provide views on the program management of the institutions involved in the proposed amendments; 4) in matters within their competence, to promote the program publicity. (3) national subcommittees shall have the right, on the basis of the second paragraph of this article, the information referred to in paragraph 2, to propose national responsible authority registered in Latvia's potential beneficiaries of the programme in the framework of the project application submitted for the approval of applications for funding or its rejection, or additional conditions prevail in respect of the projects submitted. 9. article. The managing authority, its obligations and rights (1) the managing authority is established pursuant to Regulation No 897/2014 article 20, paragraph 1, and article 25, and it performs that regulation laid down in article 26. (2) the managing authority shall have the following responsibilities: 1 to provide program management) in accordance with the principle of sound financial management, which includes the efficient and accurate management and control of the establishment and maintenance of the system, as well as on transparency and equal treatment based program funding; 2) upon request, provide information to the Joint Monitoring Committee on the progress of the implementation of the programme; 3) to ensure adequate visibility of the programme in accordance with Regulation No. 897/2014 article 79. (3) the managing authority shall be responsible for non-compliance with the prevention and investigation of Regulation No 897/2014 article 71, as well as the recovery in the event of non-compliance in accordance with that regulation 74, 75 and 76. article. (4) the managing authority shall have the right to request and receive from a national authority, the audit authority, the financial control bodies and the beneficiaries of the programme the programme management information. (5) the managing authority decisions on project approval public programs homepage Regulation No 897/2014 the amount specified in article 44 and agenda. (6) the functions of the managing authority in relation to the Latvian-Russian cross-border cooperation programme to fulfil the environmental protection and the Ministry of regional development, which lays down the functions of the officials responsible. (7) the protection of the environment and regional development, the Ministry ensures that the functions that it performs as the managing authority, is separated from other functions. 10. article. Audit authority, its obligations and rights

(1) the audit authority is established pursuant to Regulation No 897/2014 article 20, paragraph 2, and it performs that regulation laid down in article 28. (2) the audit authority is obliged to ensure the audit of program management and control systems function properly and, on the basis of an appropriate sample, perform audits of programs and project expenses. (3) the audit authority is obliged to provide the managing authority the information necessary for the management of the programme. (4) the audit authority have the right to request and receive from the institutions involved in the management and financing of the programme requested the information in their possession that requires the audit authority duties. (5) the audit authority have the right to request and receive access to data of the national information systems, to the extent the relevant laws and regulations regulating the system and someone needs to audit the Authority's duties. (6) the audit authority for the execution of its functions creates a group of Auditors, as well as its management. (7) the functions of the audit authority as to the Latvian-Russian cross-border cooperation programme to fulfil the environmental protection and the Ministry of regional development, which lays down the functions of the officials responsible. (8) the protection of the environment and regional development, the Ministry ensures that the functions that it performs as the audit authority is separate from its other functions. 11. article. The Joint Monitoring Committee, its responsibilities and rights (1) the Joint Monitoring Committee shall be set up by Regulation No 897/2014 article 22, shall operate in accordance with its Statute and approved that regulation laid down in article 24. (2) the Joint Monitoring Committee shall adopt guidelines on project preparation, submission, selection (the project application selection criteria) and the implementation of the programs cost incidence, which is binding for the programme management bodies, involved in the project application to the applicants and beneficiaries of the programme. (3) Joint Monitoring Committee may decide on the above and the implementation of large infrastructure projects and the funding to be allocated to them in accordance with Regulation (EC) no 897/2014 (4) Joint Monitoring Committee decisions are binding on programme management in Latvia participating institutions, financial institutions, project submission applicants and beneficiaries of the programme. 12. article. The joint technical secretariat in order to ensure the implementation of programmes, the managing authority shall set up a joint technical secretariat and its affiliates, pursuant to Regulation No. 897/2014 article 27 and to monitor its operation. 13. article. The rights and obligations of the beneficiary (1) in addition to Regulation No 897/2014 article 46 of the said program funding recipient has the following responsibilities: 1) ensure that the programme effective and timely project implementation according to the contract concluded for the implementation of the project included provisions; 2) to ensure that the funding allocated for the project will be used in accordance with the principle of sound financial management, in accordance with the principles of economy, effectiveness and efficiency; 3) to ensure that project expenditure should be made directly to the program and the achievement of the objectives of the project and the costs should be attributed to pursuant to the conditions of the program; 4) provide accounting separately for each programme; 5) immediately inform the joint technical secretariat of the programme, the managing authority and, if necessary, the national competent authority of any changes and conditions that can adversely affect the performance of the project; 6) upon request, to provide information on the implementation of the project and provide program management representatives of the institutions, as well as the financial control bodies representatives access to all relevant documents related to the implementation of the project, as well as the original site of this project; 7) to ensure the conservation of the results of the programme, subject to the program terms and conditions and terms. (2) the recipient has the following rights: 1) require the State budget co-financed in the framework of the implementation of the approved project in accordance with arrangements established in accordance with this law, article 14, paragraph 3; 2) receive from the national authorities to programme-related information; 3) receive from the joint technical secretariat support for the Advisory project for the implementation of the measures. 14. article. Cabinet's competency management in order to ensure the management of the program, the cabinet shall determine: 1) the order in which the messages provided for identified discrepancies within the European neighbourhood instrument will be implemented by the European structural funds and the investment objective "European territorial cooperation" programmes in the implementation of projects funded and how the program funds to be recovered; 2) order in which the European neighbourhood instrument will be implemented within the framework of the European structural funds and the investment objective "European territorial cooperation" programme management authorities involved in public information on programmes and projects approved under it; 3) order in which the Government granted funds to the European neighbourhood instrument will be implemented within the framework of the European structural funds and the investment objective "European territorial cooperation" programme beneficiaries from Latvia; 4) order in which the State budget funds the European neighbourhood instrument will be implemented within the framework of the European structural funds and the investment objective "European territorial cooperation" programme and project implementation and payments; 5) procedures are carried out within the framework of the European neighbourhood instrument will be implemented by the European structural funds and the investment objective "European territorial cooperation" programmes for the financial control of projects financed. 15. article. The Joint Monitoring Committee and the appeal of opposition (1) the application of the project in accordance with these rules shall not create an obligation to provide financing for the project the applicant for the purposes of the project. (2) the decision on approval of the project application, approval or rejection of the condition can be a challenge if the managing authority the managing authority located in Latvia. (3) the managing authority according to the project the applicant's legal status issued administrative act or adopt regulatory decision. (4) if the applicant is a legal person in private law, the decision of the managing authority is an administrative act. (5) if the applicant is a direct or in direct administrative authority derived public person or another public authority, the decision of the managing authority is the Board's decision. (6) the managing authority issued the contested administrative act concerning the Joint Monitoring Committee decision may be appealed by submitting a corresponding application to the district administrative court. The managing authority the Administration adopted the contested decision on the Joint Monitoring Committee decision is not appealable. (7) in the second part of the Joint Monitoring Committee referred to in the contested decision and the appeal does not suspend their operation. (8) If the managing authority not in Latvia, the Joint Monitoring Committee and appeals against the decision of the dispute takes place in accordance with arrangements set out in the programme document, as approved by the European Commission or the memorandum of understanding concluded between the managing authority and the partner countries. 16. article. With the implementation of the project-related disputes (1) If the managing authority located in Latvia, disputes relating to the contract for the execution of the project, including funding the continuation of payment of payment or recovery, address: 1) civil fine, if the beneficiary is a private-law legal person. Documents prepared and adopted in this part of the activities referred to in the first sentence (for example, decisions, opinions, warnings, contract), not to be considered in the order of the administrative procedure; 2) decision by the managing authority of regulatory decisions public administration facilities in accordance with the procedure laid down in the law, challenging them to direct the driver to the regulatory authority which created the managing authority, if the beneficiary is direct or in direct administrative authority or a public person derived. Management decision taken by the heads of the national regulatory authority, which was created as part of the managing authority, may not be appealed in court. (2) If the managing authority not in Latvia, disputes relating to the contract for the execution of the project, including funding the continuation of payment of payment of, or the recovery, to suit the contract concluded for the implementation of a project. Article 17. The recovery in the event of non-compliance

(1) in the case of non-compliance on the recovery of Latvia registered beneficiaries of the programme is the responsibility of the national competent authority according to the procedures laid down in the document. (2) the recovery of Latvia registered beneficiaries of the programme, which is a private-law legal person performs civil order. (3) the recovery of Latvia registered beneficiaries of the programme, which has a direct or in direct administrative authority or a public person, the child is carried out in accordance with the procedure established in accordance with this law, article 14, paragraph 1. 18. article. Duty, going to court if the claim is brought in a Court of law article 7 of the second paragraph of paragraph 16, the third paragraph of article 9 of the cases, the national competent authority and managing authority is exempt from State fees. 19. article. Application of information design thing is limited availability information until after the entry into force of the decision on the application of the project approval, approval with conditions or disapproval. Transitional provision: 1 Cabinet) until may 2016 1. manages the rules which determine the law article 14 4 and 5 above; 2) until 2016 September 1 issued rules which determine the law article 14 1, 2, and 3. the procedure referred to in paragraph 1. The Parliament adopted the law 2015 December 10. The President r. vējonis 2015 in Riga on December 23.