The General Programme "solidarity And Management Of Migration Flows" Within The Established Fund Management Law

Original Language Title: Vispārīgās programmas "Solidaritāte un migrācijas plūsmu pārvaldība" ietvaros izveidoto fondu vadības likums

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/190507

The Saeima has adopted and the President promulgated the following laws: the General Programme "solidarity and management of migration flows" within the established fund management law chapter I General provisions article 1. The law, the terms used in the Act in the following terms: 1) Fund — the European Refugee Fund (2008-2013), established by the European Parliament and of the Council of 23 May 2007 decision 573/2007/EC establishing for the period 2008-2013 the European Refugee Fund as part of the General Programme "solidarity and management of migration flows" and repealing Council decision 2004/904/EC , The European external borders Fund (2007-2013), established by the European Parliament and of the Council of 23 May 2007 decision No 574/2007/EC establishing for the period 2007-2013 the European external borders Fund as part of the General Programme "solidarity and management of migration flows", the European return Fund (2008-2013), established by the European Parliament and of the Council of 23 May 2007 decision 575/2007/EC laying period 2008-2013 the European return Fund as part of the General Programme "solidarity and management of migration flows", and the European integration of third-country nationals (2007-2013), established by the Council of 25 June 2007 decision No 2007/435/EC establishing for the period 2007-2013 the European integration of third-country nationals Fund as part of the General Programme "solidarity and management of migration flows ';
2) the management of the Fund: activities related to the preparation of the programming documents, coordination and approval, fund management and control system, Fund project application evaluation criteria and approval, Fund project selection and approval of the application, fund projects, control, audit, monitoring and evaluation;
3) project of the Fund the application — the application (completed form and its attachments), submitted by the applicant, the project of the Foundation to get the necessary financing for the project from the Fund;
4) Fund project: Fund project application that meets the Fund's project submission evaluation criteria and approved by the Fund's managing authority or delegated authority;
5) Fund project application evaluation criteria — criteria under which valued the Fund's project submissions and decide on their approval or rejection;
6) beneficiary of the Fund — the Republic of Latvia or in the immediate direct public administration, derived public person, other public or private-law legal person who submitted the application for the project of the Fund is approved in accordance with the procedure laid down in this Act. Beneficiaries of the Fund can also be a representation of an international organisation in the Republic of Latvia, operating in the area, supported by the Foundation (an international organization);
7) grant agreement — liability insurance contract or agreement on the implementation of the project of the Foundation by the managing authority of the Fund with the Fund's beneficiaries;
8) planning documents, fund the multiannual programme and annual programmes of the Foundation. 2. article. The purpose of the law the law aims to ensure the efficient, transparent Foundation and principles of financial management control in Latvia. 3. article. The scope of the law, the law says the bodies involved in the management of the Fund and the Fund of the beneficiary the rights and responsibilities of the bodies involved in the management of the Fund in making decisions, the opposition and appeal procedures, as well as the procedures for settling disputes on the funding allocated to the Fund, and other fund management related issues. 4. article. The Foundation's funding this project to the application of the Fund in accordance with this law shall not create an obligation involved in the management of the Fund to provide financing for institution funds to the project applicant. 5. article. Fund project application selection Fund project application selection may be: 1) open, if between the Fund's project submission applicants going on equal competition for Fund project application approval and funding of the Fund;
2) limited, if the above is known to a limited circle of the Foundation's projects, which invite to fund the project. In this case, the approved and funded all of the Fund's project submissions that meet the Fund's draft application evaluation criteria. Chapter II management of the Fund article 6. Fund management institutions involved in the management of the Fund (1) provides: 1) such bodies involved in the management of the Fund: (a) the managing authority, b)) delegated authority, c), (d) the audit authority) certificate authority, payment authority, e) f) Management Committee;
2 beneficiary of the Fund).
(2) the managing authority, the audit authority, the certification authority and payment authority, as well as, if appropriate, the delegated authority and the obligations and rights established by the Cabinet of Ministers.
(3) in order to achieve the objectives of this law, the institutions involved in the management of the Fund, except the Management Committee shall issue internal regulations and cooperate with the other institutions of the public administration facilities in accordance with the procedure prescribed by law. 7. article. The responsibilities of the managing authority and the right to (1) the managing authority shall be responsible for the management of the Fund and its implementation effectiveness.
(2) the managing authority shall have the following responsibilities: 1 to provide the planning document);
2) to provide the public information and publicity matters relating to fund projects;
3 develop a project of the Foundation) submission evaluation criteria;
4) provide the Foundation for project application invitations to tender;
5) to ensure the application of the Fund's project evaluation and selection;
6) to ensure the monitoring of the implementation of the Fund;
7) provide the Foundation for the expenditure incurred under the project;
8) to ensure the Fund's progress in closing and preparation of assessment reports;
9) to ensure the planning document, the progress of the Fund, and the final evaluation reports to the European Commission;
10 implementation of the Fund) to provide evaluation measures.
(3) the managing authority has the following rights: 1) propose and carry out the implementation of the Fund control and audit;
2) request from the Fund management institutions involved and the beneficiaries of the Fund, the information necessary for the management of the Fund.
(4) the managing authority shall ensure that the functions that it performs under this act as the managing authority, be separated from other functions. 8. article. Delegated authority, rights and duties of the managing authority and the delegated authority subordinated to (1) comply with the delegated authority of the part of the managing authority. Delegated authority may refer the article 7 of this law in the second and third part of the managing authority listed in the obligations and rights, with the exception of this law article 7 of the second paragraph of the obligation referred to in paragraph 9.
(2) the authority Delegated by the European Commission to communicate using the managing authority.
(3) the authority Delegated the performance of its obligations, the Cabinet members under the functional, which is subordinate to the managing authority.
(4) in order to ensure that the delegated authority effective execution of duties, managing authority, if not the delegated authority within its institutional departments, in coordination with the delegated authority institutional authority, higher delegated authority can issue a binding internal regulations concerning the performance of the duties assigned to it. 9. article. The responsibility of the audit authority and the right to (1) the authority shall have the following responsibilities: 1) carry out audits to make sure that the established management and control systems are effective;
2) to make the Fund project expenditure by random checks, to verify the declarations of expenditure to the legality and regularity of expenditure.
(2) the audit authority is entitled to claim from the Fund management institutions involved and the beneficiaries of the Fund, the information required in the first subparagraph for the enforcement of obligations.
(3) the authority shall not be obliged to discharge the managing authority or certifying authority. The audit authority shall ensure that the functions which it has under this Act shall perform the audit authority, as are separated from other functions. 10. article. The certification authority's responsibilities and rights (1) the certification authority Fund projects certified pro gress expense before or the submission of the final report to the European Commission.
(2) the certification authority has the right to carry out the Fund's project financial control and audits.
(3) the certifying authority shall ensure that the functions that it performs in accordance with this act as certification authorities would be separated from other functions. 11. article. Payment obligations and rights of the Authority (1) the authority shall have the following responsibilities: 1) deposit account the managing authority of the European Commission received financial resources;
2) make payments on the basis of the managing authority and the beneficiary of the payment orders.
(2) the authority shall have the right to request from the Fund management institutions involved in information needed to installments of financial resources spent keeping records.
(3) the authority shall ensure that the functions which it has under this Act fulfils as a payment institution, to be separated from other functions. 12. article. The Steering Committee

(1) the Management Committee is a collegial body involved in the management of the Fund, set up to ensure the principle of partnership. It participates in the development of planning documents, Fund project evaluation and assessment of the progress made.
(2) the Management Committee shall have the following responsibilities: 1) approve the draft programming documents as well as changes therein;
2) to monitor the planning documents of objectives and results;
3 to participate in the project of the Foundation) application in the evaluation of the submitted application the open Fund project selection;
4) to approve the final report to the European Commission for the implementation of the annual programme;
5) propose to the managing authority to take measures to improve the use of the Fund's effectiveness and efficiency.
(3) the Management Committee shall be chaired by a representative of the managing authority. Of the authorities competent to issue the relevant Fund, the Management Committee shall include representatives with voting rights, but from a certification authority and audit bodies, representatives of the Advisory rights. The certifying authority and the audit authority shall have voting rights in relation to issues of technical assistance. If the Fund issues affect the competence of the social partners, the composition of the Management Committee in an advisory capacity, you can include it.
(4) the Management Committee shall approve the composition of the managing authority.
(5) the Management Committee shall act in accordance with its approved Charter. 13. article. Beneficiaries of the Fund's responsibilities and rights (1) the beneficiary of the Fund has the following responsibilities: 1) ensure implementation of the Fund in accordance with the civil contract, if the beneficiaries of the Fund is a legal person in private law or international organization;
2) provide the Foundation of the project in accordance with the agreement for the implementation of the project of the Foundation, if the beneficiary of the Foundation of the Republic of Latvia have direct or in direct public administration, derived public person, or other public authority;
3) provide accounting separately for each fund project.
4) to provide information on the implementation of the project of the Foundation and to provide the European Commission and the institutions involved in the management of the Fund representatives access to documents related to the Fund's project implementation, as well as the implementation of the project site.
(2) the beneficiary shall have the following rights: 1) funds regulatory laws in accordance with the procedure laid down for the funding of the Fund;
2) receive the necessary information on the implementation of the project financing of the Fund's terms and conditions of use. 14. article. Cabinet's competence to ensure the management of the Fund, the Cabinet determines: 1) Fund, the multiannual programme and annual programmes for the development and validation procedures;
2) requirements for fund management and control system;
3) Fund project tendering procedures, requirements for beneficiaries of the Fund, the Fund's project application preparation and submission procedures and their evaluation criteria, Fund project selection procedures, grant award procedures, as well as technical assistance for the implementation of the activity;
4) order in which the State budget is the planned features of the project the Fund away and repayment of expenditure in the State budget;
5) Fund project financing and payment arrangements;
6) the order in which the managing authority, delegated authority, the audit authority, the certification authority, payment authority and the beneficiary shall report on the implementation in the funds identified discrepancies, inconsistencies, cases where the beneficiaries of the Fund expenses recognized as appropriate;
7) order in which the corresponding expenditure not recoverable;
8) procedures shall be prepared, approved and submitted to the European Commission progress report, final report and evaluation report on the results of actions co-financed by the Fund and efficiency;
9) order in which carried out the project of the Foundation for financial control and audit, and institutions that take these checks or participate therein. Chapter III the managing authority and the delegated authority, the decision to challenge and appeal of article 15. The managing authority and the delegated authority decisions (1) managing authority or delegated authority shall take a decision on the Fund's project approval or rejection of the application, as well as the decision on the recovery of the financing granted.
(2) the decision on approval of the application, the project of the Foundation shall be adopted if it meets the Foundation's project submission evaluation criteria. This decision may also be accepted provided that the applicant carried out the project of the fund managing authorities or delegated authority to fund projects could adequately prepare and implement. The conditions in the decision include the implementation and control, subject to the provisions of Cabinet for the project selection procedure. If any of the conditions laid down in the decision are not fulfilled, the application of the project of the Foundation shall be deemed to have been rejected.
(3) the decision on the application of the Fund's project is accepted if it does not meet the Fund's project submission evaluation criteria or the relevant Fund funds available.
(4) the decision on the recovery of funds granted shall be adopted, if the Fund is paid out to the recipient of the funding granted, but it is not used according to the requirements of the laws or grant agreement. 16. article. The managing authority and the delegated authority decision (1) managing authority or delegated authority, depending on the Fund's project the legal status of the applicant issued by administrative act or adopt regulatory decision.
(2) If the applicant is a project of the Fund by private law the legal entity or international organisation, managing authority or delegated authority decision is an administrative act.
(3) If the applicant is a project of the Foundation of the Republic of Latvia, or compare the pastarp of direct public administration, derived public person, or other public authority, managing authority or delegated authority decision is a decision of Government. It can be a challenge, but it may not be appealed in court.
(4) referred to in the third subparagraph of decision issued in writing, and has the following parts: 1) the managing authority the name and address;
2) recipient — fund the project;
3) fact-finding;
4 the rationale of the decision);
5) a separate listing of suitable legislation (including legislation, part of a point or a point);
6) decision on the Fund's project approval submission, approval or rejection of the condition;
7) for appeal. Article 17. The deadline for adoption of the decision by the managing authority or delegated authority decision on the Fund's project approval submission, approval or rejection of the conditions shall be adopted not later than six months after the Fund's project closing date for the submission of the application. 18. article. The managing authority and the delegated authority and the appeal against the decision of the opposition (1) the applicant may fund projects to challenge and appeal to article 15 of this law the decisions, pursuant to this law, in article 16, third paragraph. Delegated authority decision challenging the leading body.
(2) the decision of the opposition or appeal shall not suspend its activity.
(3) opinion on the implementation of the provisions contained in the decision of the dispute and appealed in the same order and time limits as the decisions contained in the conditional execution of a prepared opinion. Opinion on the implementation of the provisions contained in the decision can be challenged and appealed the decision, also separately from the condition. Chapter IV dispute on funding of the Fund allocated to solving procedure article 19. Dispute resolution procedures for disputes on the funding of the Fund allocated to address the administrative procedure law, civil procedure law and the law of the non-matching fund projects spending recovery. 20. article. Recovery funding (1) the decision on the recovery of funding adopted article 15 of this law in part four of the cases and the administrative procedure law, if the beneficiary of the Fund can be the recipient of the administrative acts in accordance with article 16 of this law the second part may be directed against him and enforcement.
(2) If the first part of this article in specific funding arrangements for recovery is not appropriate, as well as cases where funding is not applicable to the recovery of this law, article 15 of the quarter and the first part of this article, the conditions of the funds recovered or dispute about the payment of the financial resources or the continuation of payment address civil order.
(3) If the beneficiary of the Fund are directly or vicariously in public administration, public entity or derived by another public authority, the funds shall be recovered or dispute about the payment of the financial resources allocated to or continuation of payment address the Cabinet. Chapter v final provisions article 21. Limitations in the management of the Fund involved persons who perform duties in the management of the Fund participating institutions, business, income generation and job restrictions, as well as connecting other restrictions and obligations laid down in the law "on prevention of conflict of interest in the activities of public officials". 22. article. The right of access to documents

(1) the applicant for the project of the Fund is entitled to consult the Fund projects it submitted an application to the review only after the decision on the Fund's project approval or rejection of the application.
(2) Fund the project applicant, referring to the first paragraph of this article is not disclosed material information about people who valued or are valued Fund project submissions, with the exception of members of the Commission evaluation. Information on the evaluation of the members of the Commission are available in this Act and other legislation and within the limits laid down in the agenda. 23. article. Freedom of information (1) the application of the project of the Foundation, the Foundation's project, documents relating to the Foundation's project evaluation and a decision as to the availability of information is limited.
(2) for the general public is considered at least the following information: 1) beneficiary of the Fund (name and address);
2) project name of the Fund;
3) Foundation granted funding;
4) provided for in the programming document activity, which is allocated from the Fund;
5) Fund the project;
6) summary of the Fund's project activities to be carried out.
(3) in the first and second part of this information is available from the freedom of information law and order after the entry into force of this law, article 15 on the second or third paragraph of that decision for the project submission.
(4) not disclosed information about people who valued or are valued Fund project submissions, with the exception of members of the Commission evaluation. Information on the evaluation of the members of the Commission are available in this Act and other legislation and within the limits laid down in the agenda. 24. article. Duty, going to court by the managing authority, payment authority, delegated authority, the audit authority and the certifying authority, going to court for contractual disputes, a State fee shall be paid. Transitional Cabinet until 2009 December 31 issued the rules laid down in this law. Until the entry into force, but not longer than until December 31 the following is applicable to the Cabinet of Ministers regulations, in so far as they are not inconsistent with this law: 1) Cabinet on 10 March 2008, the provisions of no. 167 "solidarity and management of migration flows that the gramm for 2007-2013 to fund the implementation, management, monitoring and surveillance procedures"; 2) Cabinet 10 June 2008. Regulation No 425 of the "solidarity and management of migration flows framework programme 2007-2013 for the external borders Fund, the European return Fund and the European Refugee Fund project selection and the technical assistance for the implementation of the activity". The law adopted by the Parliament of 2009. on 2 April. President Valdis Zatlers in Riga of the April 15, 2009