Advanced Search

The European Union's Structural Fund Objective 3 "european Territorial Cooperation" Programme Management Law

Original Language Title: Eiropas Savienības struktūrfondu 3.mērķa "Eiropas teritoriālā sadarbība" programmu vadības likums

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The Saeima has adopted and the President promulgated the following laws: the European Union's structural fund objective 3 "European territorial cooperation" programme management law chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) check the eligibility of expenditure — activities implemented under the project and spent 100% of the financing with the European neighbourhood and partnership instrument in support of the implementation of the structural funds of the European Union objective 3 "European territorial cooperation" programmes;
2) random testing by the European neighbourhood and partnership instrument in support of the structural funds of the European Union objective 3 "European territorial cooperation" programme management and control system of the effectiveness of verification and in accordance with the risk-based analysis of the program randomly selected project financial document;
3) national authority — the European Union's structural fund objective 3 "European territorial cooperation" programme partner institution that supports these partner country commitments relating to the development of the document and the programme of implementation and control of programmes;
4) national Subcommittee — created in Latvia European Union structural fund objective 3 "European territorial cooperation" programme management involved in collegiate institution that provides all the programs the national authority advisory functions;
5): any non-compliance with the European Union or the law of the Republic of Latvia, which causes or could cause harm as a result of the general budget of the European Union are asked to bear an unreasonable share of the expenditure;
6) ineligible costs: the European Union's structural fund objective 3 "European territorial cooperation" programmes repayment of funding applied for expenditure that is contrary to the financial eligibility rules and not be covered from the programme;
7) second-level financial control — with the European regional development fund support for the European Union structural fund objective 3 "European territorial cooperation" programme management and control system of the effectiveness of verification and in accordance with the risk-based analysis of the program randomly selected project financial document;
8) first-level financial control — the project activities implemented and used 100% of the financing with the European regional development fund support for implementation of the structural funds of the European Union objective 3 "European territorial cooperation" programmes;
9) document: a document that concerned the development of the European Union structural funds objective 3 "European territorial cooperation" programmes by partner countries and approved by the European Commission and who determines development strategy, objectives and priorities of the programme as a whole, which met through the European regional development fund or the European neighbourhood and partnership instrument as well as support programs and project implementation procedures and conditions;
10) program partner, the European Union Member State or country outside the territory of the European Union, which are included as eligible regions in the territory of the European Union structural fund objective 3 "European territorial cooperation" programme, implemented by the European regional development fund, or program, implemented by the European neighbourhood and partnership instrument;
11) project application evaluation criteria — criteria under which European Union structural fund objective 3 "European territorial cooperation" programme for project submissions and decide on their approval or rejection;
12) auditor group — European Union collegiate objective 3 of the structural funds for the "European territorial cooperation" programme in the management of the institution concerned, which shall consist of a representative from the program partners and assisting the audit authority to perform the functions assigned to it, as well as provides second-level financial control;
13) agreement on the implementation of the programme — European Union structural funds objective 3 "European territorial cooperation" programmes of the national partner of the responsible authorities and managing authorities agreed on the implementation of the programme, programme management authorities involved in the rights and obligations of the partner countries obligations as well as the decision making process and conditions in relation to financial management and control, the abuses, and inadequate payments make arrangements for recovery of costs.
2. article. The purpose of the law the purpose of the law is to define the European Union's structural fund objective 3 "European territorial cooperation" programme (hereinafter the programme), transparent and effective financial management principle of 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 applies to the following with the European Regional Development Fund supports ongoing program management: 1) Latvia and Lithuania cross border cooperation programme;
2 the Estonian and Latvian) cross-border cooperation programme;
3) Central Baltic Sea cross-border cooperation programme;
4) in the Baltic Sea region programme transnational cooperation;
5) interregional cooperation INTERREG IVC programme, 6) the urban development programme URBACT II, 7) ESPON 2013 programme (European spatial planning monitoring network);
8) good territorial cooperation program management programme interact II (2) of the Act apply to the European neighbourhood and partnership instrument in support of the management of the programme to be carried out: 1) Estonia, Latvia and Russia cross-border cooperation programme;
2) Latvia, Lithuania and Belarus in the cross-border cooperation programme.
(3) the law shall determine the 2007-2013 programming period, the participating institutions in the management of the program and their rights and obligations.
4. article. Program management (1) article 3 of this law in the first and second paragraphs of that programme management includes Latvia, in cooperation with the partner countries to implement the programme in the programme document, the submission for approval of the Cabinet of Ministers, participation in program implementation, monitoring and evaluation, financial control and audit.
(2) Latvia and Lithuania cross-border cooperation programmes and Estonia, Latvia and Russia cross-border cooperation programme management in addition to the first part of the program includes the submission of documents for approval to the European Commission, program management and control systems and their operation.
Chapter II the European regional development fund within the framework of the programme management supported by article 5. Programme management bodies and persons involved in the management of the programme provides the following institutions and individuals: 1) the national authority;
2) national Subcommittee;
3) managing authority;
4) certification authority;
5) the audit authority;
6) Monitoring Committee;
7) joint technical secretariat;
8) program funding recipient.
6. article. National responsible authority, its obligations and rights (1) the national authority shall have the following responsibilities: 1) in relation to article 3 of this law in the first part of those programmes, in cooperation with the partner countries to ensure participation in the elaboration of documents and submitting them for approval to the Cabinet of Ministers, participation in program monitoring and evaluation, financial control and audit;
2) for Latvia and Lithuania cross-border cooperation programme — in addition to the first part of this article referred to in paragraph 1 to ensure that the programme submission for approval to the European Commission, and the launch of the negotiation process for the approval of the programme document;
3) to sign the agreement with the managing authority for the participation of Latvia in the program and the implementation of the programme;
4) represent the national interests of Latvia, delegating representatives and ensuring the participation of this law article 3, referred to in the first subparagraph in the Monitoring Committee;
5) provide national subcommittees work and approve National Committee rules; the bottom
6) provide the State budget financing planning this law article 3, referred to in the first paragraph of the technical assistance programme for co-financing;
7) ensure State budget planning and allocations of co-funding partners in Latvia this law, 3 the first paragraph of article 1, paragraph 2 or 3 above program approved projects;
8) to ensure the financial resources of the State budget in the planning of this law article 3, referred to in the first subparagraph for programme implementation and of payments;
9) to determine the first-level financial control bodies of performers this function article 3 of the law referred to in the first paragraph of the Latvian programme project partners and ensure a first level of methodological management of financial control;
10 participation) to ensure that article 3 of the law referred to in the first paragraph in auditor groups;
11) provide information to the managing authority, certifying authority and audit authority, as well as the European Commission on this law, article 3, referred to in the first subparagraph, in the implementation of the programme identified discrepancies;

12) to ensure information and publicity measures promoting the development of the project and the partners of Latvia for participation in this law, the first subparagraph of article 3 of the above programmes;
13) in cooperation with the partner countries to make monitoring of the programme-related programs.
(2) the national authority responsible has the following rights: 1) consult with the Subcommittee of the national preparation of the national position with regard to the development and monitoring of the programme, the projects submitted in the context of compliance with the national and regional planning documents and their priorities, as well as in the framework of the programme the Latvian partner project application submitted for funding approval or rejection of the respective programme monitoring Committee;
2 to provide this on request) article 3 of the law referred to in the first subparagraph, the program involved in the management of the institutions and the persons opinion on the compliance of Latvian partner participation in accordance with the relevant programmes set out in the document project partner eligibility criteria;
3) to express an opinion on the draft submitted by the Latvian partner participation in the approval or rejection of the article 3 of this law referred to in the first subparagraph of monitoring committees.
(3) the national competent authority for regional development and local government Ministry.
(4) regional development and local government, the Ministry ensures that the functions that it performs under this law as a national responsible authority are separated from other functions.
7. article. National Sub-Committee, its obligations and rights (1) the national Subcommittee shall have the following responsibilities: 1) provide advice to the national authority responsible for the preparation of the national position with regard to article 3 of this law referred to in the first subparagraph of programme development and monitoring, to give an opinion on the program within the Latvian partner application project compliance with national and regional planning documents and their priorities, as well as advising on the programmes submitted by the Latvian partners project submissions for funding approval or rejection of the respective programme monitoring Committee;
2) within their competence, to promote this law article 3, referred to in the first subparagraph of program publicity.
(2) national subcommittees shall have the following rights: 1) within the framework of its competence to give an opinion on the article 3 of this law, the programme referred to in the first subparagraph within Latvian partner application project compliance with national and regional planning documents and their priorities;
2) on the basis of the opinion expressed, to propose in the framework of the programme the Latvian partner project application approval or rejection, or additional conditions.
(3) the national Subcommittee, which approves the national composition of the authority, includes: 1) one representative of the regional development and local government Ministry, 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 health, Ministry of environment, the Minister of special duties Electronic Government Affairs of the Secretariat, the national regional development agencies;
2) one representative of Kurzeme, Zemgale planning region, the region of Latgale planning region, Vidzeme planning region, Riga planning region, Riga City authorities;
3) one representative from the Union of local authorities of Latvia and the Latvian Association of major cities.
8. article. The managing authority, its obligations and rights (1) the managing authorities are obliged to ensure that article 3 of the law referred to in the first subparagraph of program management, enabling effective and precise operational and financial management and control of the establishment and maintenance of the system.
(2) the managing authority shall have the right to request from the certifying authority, audit authority, first-level financial control bodies, beneficiaries, as well as the program's partner program management information.
(3) the functions of the managing authority in relation to Latvia and Lithuania cross-border cooperation programme to fulfil regional development and local government Ministry, which lays down the functions of the officials responsible.
(4) regional development and local government, the Ministry ensures that the functions that it performs under this act as the managing authority are separated from other functions.
9. article. Certification authority, its obligations and rights (1) the certification authority has the obligation to carry out this Act article 3 programme referred to in the first subparagraph of the financial flow management and control, to ensure the timely reimbursement of eligible expenditure and payment applications to the European Commission.
(2) the certification authority has the right to request of the managing authority, the audit authority, first-level financial control bodies and the beneficiaries of financial control and certification of the expenditure for carrying out the necessary information and documents.
(3) the functions of the certifying authority with respect to Latvia and Lithuania cross-border cooperation programme to fulfil regional development and local government Ministry, which lays down the functions of the officials responsible.
(4) regional development and local government, the Ministry ensures that the functions that it performs under this act as a certification authority are separated from other functions.
10. article. Audit authority, its obligations and rights (1) the audit authority is to assess this article 3 of the law referred to in the first subparagraph of the program management and control the efficiency of the system and on the basis of an appropriate sample to verify expenditure declared, program expenses.
(2) the audit authority for the execution of its functions creates and manages a group of Auditors, as well as provide a second level of methodological management of financial control.
(3) the audit authority have the right to request of the managing authority, certifying authority, first-level financial authorities and funding requested documents at their disposal, and look at the funding, facilities and other material values, as well as get explanations and copies of documents to the second-level financial control matters.
(4) the functions of the audit authority as regards Latvia and Lithuania cross-border cooperation programme to fulfil regional development and local government Ministry, which lays down the functions of the officials responsible.
(5) regional development and local government, the Ministry ensures that the functions that it performs under this law as the audit authority are separated from other functions.
11. article. The Monitoring Committee (1) the Monitoring Committee is the collegiate programs in partner countries involved in the management of the institution, which operates in accordance with its approved Charter.
(2) the composition of the Monitoring Committee, to be established in accordance with article 3 of this law in the first part of the programme referred to in the conditions included in the programs of partner countries at national, regional and local level, as well as the socio-economic partners.
(3) it is the responsibility of the Monitoring Committee, receiving from the programme managing authority, certifying authority, audit authority information for program management, program implementation to verify the effectiveness and quality of decision making on project approval or rejection of the application, as well as a decision on the need to recover the funds.
(4) the Supervisory Committee decisions are binding on the management of the programme in Latvia participating institutions and individuals.
12. article. An sekr United the technical tariāt of the managing authority in order to ensure that article 3 of the law referred to in the first subparagraph in the management of each programme shall set up a joint technical secretariat, which provides support to the managing authority and the certifying authority for the exercise of its functions.
13. article. Program beneficiaries, its rights and obligations (1) the beneficiary is a partner country of direct or in direct public administration, derived public person or program partner in the deal area registered private law legal persons or associations of such persons whose application for project funding approved by the Monitoring Committee.
(2) the beneficiary shall have the following responsibilities: 1) ensure that the programme effective and timely project implementation according to the project on the implementation of the provisions of the contract;
2) provide accounting separately for each programme;
3) to provide information on the implementation of the project and ensure programme management representatives of the institutions concerned, as well as first-level financial authorities access to all representatives with the implementation of the project related to the original document, as well as the implementation of the project site.
(3) the beneficiary shall have the following rights: 1) require national budgetary estimate of this law, 3 the first paragraph of article 1, paragraph 2 or 3 above program approved projects for the implementation of the national budget funding subprogrammes;

2) of the national competent authorities to get to the article 3 of this law in the first part of those programmes, the related information;
3) of this law, article 3 of the programme referred to in the first subparagraph to the joint technical secretariat shall receive information support project preparation.
Chapter III the European neighbourhood and partnership instrument-assisted programs under the control of article 14. Programme management bodies and persons involved in the management of the programme provides the following institutions and individuals: 1) the national authority;
2) national Subcommittee;
3) the joint managing authority;
4) Joint Monitoring Committee;
5 joint technical secretariat);
6) program funding recipient.
15. article. National responsible authority, its obligations and rights (1) the national authority shall have the following responsibilities: 1) in relation to article 3 of this law the second part of the programmes, in cooperation with the partner countries to ensure participation in the elaboration of documents and submitting them for approval to the Cabinet of Ministers, participation in program monitoring and evaluation, financial control and audit;
2) in the case of Estonia, Latvia and Russia cross-border cooperation programme — in addition to the first part of this article referred to in paragraph 1 to ensure that the programme submission for approval to the European Commission, and the launch of the negotiation process for the approval of the programme document;
3) to sign the agreement with the managing authority for the participation of Latvia in the program and the implementation of the programme;
4) represent the national interests of Latvia, delegating representatives and ensuring the participation of this law article 3, second subparagraph of the programme monitoring committees joined;
5) provide national subcommittees work and approve National Committee rules; the bottom
6) provide public funding for the planning of this law article 3, second subparagraph of the technical assistance programme for co-financing;
7) ensure State budget planning and allocations of co-funding partners in Latvia this article 3 of the law referred to in the second paragraph of the approved projects under the programme;
8) to ensure the financial resources of the State budget in the planning of this law article 3, second subparagraph for programme implementation and of payments;
9) determine the eligibility of expenditure validation feature performers of this law article 3, second subparagraph of the Latvian programme, project partners, and to ensure verification of eligibility for expenditure management guidance;
10) provide participation article 3 of this law referred to in the second paragraph of the Auditors of the Group program;
11) provide information to the joint managing authority and the European Commission on this law, article 3, second paragraph of the introduction of the programmes identified in the discrepancies;
12) to ensure information and publicity measures promoting the development of the project and the partners of Latvia for participation in the article 3 of the law in the second part of the above programmes;
13) in cooperation with the partner countries to make monitoring of the programme-related programs.
(2) the national authority responsible has the following rights: 1) consult with the Subcommittee of the national preparation of the national position with regard to the development and monitoring of the programme, the projects submitted in the context of compliance with the national and regional planning documents and their priorities, as well as in the framework of the programme the Latvian partner project application submitted for funding approval or rejection of the Joint Monitoring Committee;
2 to provide this on request) article 3 of the law referred to in the second paragraph of the program involved in the management of the institutions and the persons opinion on the compliance of Latvian partner participation in accordance with the relevant programmes set out in the document project partner eligibility criteria;
3) to express an opinion on the draft submitted by the Latvian partner participation in the approval or rejection of this law, article 3, second subparagraph of the programme monitoring committees in the United.
(3) the national competent authority for regional development and local government Ministry.
(4) regional development and local government, the Ministry ensures that the functions that it performs under this law as a national responsible authority are separated from other functions.
16. article. National Sub-Committee, its obligations and rights (1) the national Subcommittee shall have the following responsibilities: 1) provide advice to the national authority responsible for the preparation of the national position with regard to article 3 of this law referred to in the second subparagraph of programme development and monitoring, to give an opinion on the program within the Latvian partner application project compliance with national and regional planning documents and their priorities, as well as advising on the programmes submitted by the Latvian partners project submissions for funding approval or rejection of the respective programme monitoring Committee;
2) within their competence, to promote this law article 3, second part of the programme referred to in publicity.
(2) national subcommittees shall have the following rights: 1) within the framework of its competence to give an opinion on article 3 of the law referred to in the second subparagraph in the context of the project submitted by the Latvian partner application compliance with the national and regional planning documents and their priorities;
2) on the basis of the opinion expressed, to propose in the framework of the programme the Latvian partner project application approval or rejection, or additional conditions.
(3) the national Subcommittee, which approves the national composition of the authority, includes: 1) one representative of the regional development and local government Ministry, 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 health, Ministry of environment, the Minister of special duties Electronic Government Affairs of the Secretariat, the national regional development agencies;
2) one representative of Kurzeme, Zemgale planning region, the region of Latgale planning region, Vidzeme planning region, Riga planning region, Riga City authorities;
3) one representative from the Union of local authorities of Latvia and the Latvian Association of major cities.
Article 17. The joint managing authority, its obligations and rights (1) the joint managing authority of operational programme consists of the management, financial management and Certification Department and audit departments.
(2) the joint managing authority shall have the following responsibilities: 1 to 3 of this law). in the second paragraph of article referred to the program management, enabling effective and precise operational and financial management and control of the establishment and maintenance of the system;
2) make this law article 3, second part of the programme referred to in the financial flow management and control, to ensure the timely reimbursement of eligible expenditure and payment applications to the European Commission.
3) to ensure this law article 3, second part of the programme referred to in the management and assessment of the effectiveness of the control system and the basis of an appropriate sample to verify expenditure declared, program expenses, as well as create and manage a group of Auditors and random checks to ensure methodological guidance.
(3) the joint managing authority has the right to request from the body for checking the conformity of expenditure and funding requested documents at their disposal, and look at the funding, facilities and other material values, as well as receive the random checks and related to article 3 of the law referred to in the second subparagraph of program management the necessary explanation and copies of documents.
(4) the joint managing authority functions with respect to Estonia, Latvia and Russia cross-border cooperation programme to fulfil regional development and local government Ministry, which lays down the functions of the officials responsible.
(5) regional development and local government, the Ministry ensures that the functions that it performs under this act as the joint managing authority are separated from other functions.
18. article. The Joint Monitoring Committee (1) the Joint Monitoring Committee is the collegiate programs in partner countries involved in the management of the institution, which operates in accordance with its approved Charter.
(2) the composition of the Joint Monitoring Committee, formed in accordance with article 3 of this law in the second part of the programme referred to in the conditions of the partner program include national, regional and local level, as well as the socio-economic partners.
(3) the Joint Monitoring Committee, receiving from the joint managing authority information for program management, program implementation to verify the effectiveness and quality of decision making on project approval or rejection of the application, as well as a decision on the need to recover the funds.
(4) the Joint Monitoring Committee decisions are binding on the management of the programme in Latvia participating institutions and individuals.
19. article. The joint technical secretariat

The joint managing authority in order to ensure that article 3 of the law referred to in the second paragraph of the management of the program, every program a joint technical secretariat, which provides support to carry out its functions.
20. article. Program beneficiaries, its rights and obligations (1) the beneficiary is a partner country of direct or in direct public administration, derived public person or program partner in the deal area registered private law legal persons or associations of such persons whose application for project funding approved by the Joint Monitoring Committee.
(2) the beneficiary shall have the following responsibilities: 1) ensure that the programme effective and timely project implementation according to the project on the implementation of the provisions of the contract;
2) provide accounting separately for each programme;
3) to provide information on the implementation of the project and ensure programme management representatives of the institutions involved, as well as eligibility check feature artist representatives access to all relevant documents related to the implementation of the project of the original, as well as the implementation of the project site.
(3) the beneficiary shall have the following rights: 1) require the State budget co-funding this law article 3, second part of the programme referred to in the implementation of the approved projects the national budget funding subprogrammes;
2) from the national authorities to receive with this law, article 3, second paragraph, the following programs related information;
3) of this law, article 3, second part of the programme referred to in the joint technical secretariat shall receive information support project preparation.
Chapter IV final provisions article 21. The Supervisory Committee or the Joint Monitoring Committee of the Supervisory Committee or an appeal to the Joint Monitoring Committee decision on project approval or rejection of the application, as well as the decision on the need to recover funding not open to appeal.
22. article. Dispute resolution procedures (1) this law, article 3, first and second part of the programme referred to in the management of the institutions and persons involved in disputes settled in the agreement and in accordance with the procedure prescribed under the contract concluded for the implementation of the project.
(2) on the application of recovery for project financing Latvian partners at the national level is the national responsibility of the responsible authority.
23. article. The State fee for the crackdown in the national judicial authority, going to court for contractual disputes, a State fee shall be paid.
24. article. Cabinet's competency management (1) to ensure that program management, the Cabinet of Ministers issued the rules under which: 1) agreement for Latvia and Lithuania cross-border cooperation programmes;
2) agreement for Estonia and Latvia in implementation of the programme of cross-border cooperation;
3) agreement on the Central Baltic Sea cross-border cooperation programmes;
4) agreement for Estonia, Latvia and Russia cross-border cooperation programmes;
5) agreement on Latvian, Lithuanian and Belarussian cross-border cooperation programmes;
6) agreement for the Baltic Sea region programme transnational cooperation;
7) agreement on interregional cooperation INTERREG IVC programme implementation;
8) agreement for the urban development programme URBACT II;
9) agreement on good territorial cooperation programme interact II management program implementation;
ESPON 2013 10) agreement for the implementation of the programme.
(2) in order to ensure the management of the program, the cabinet shall determine: 1) the order in which messages are to be provided for European Union structural funds objective 3 "European territorial cooperation" programmes in the implementation of projects funded identified inconsistencies and does not match any recoverable expenses;
2) order in which European Union structural funds objective 3 "European territorial cooperation" programme management authorities involved in public information on programmes approved projects;
3) order in which budgetary resources allocated to the national European Union structural fund objective 3 "European territorial cooperation" programmes and the European neighbourhood and partnership instrument programme beneficiaries from the Republic of Latvia;
4) order in which the State budget plan means the European Union structural fund objective 3 "European territorial cooperation" programmes and the European neighbourhood and partnership instrument for the implementation of the programme and make payments;
5) order in which the managing authority and the joint managing authority shall ensure that the Latvian and Lithuanian cross-border cooperation programmes and Estonia, Latvia and Russia cross-border cooperation programme information systems;
6) the order in which you define the European Union's structural funds objective 3 "European territorial cooperation" program Latvian partner project-related and non-eligible costs and ensures the first level of financial control.
Transitional provisions 1. Cabinet of Ministers until February 1 issue of this law article 24, first paragraph, 1., 2., 3., 6., 7., 8., 9., paragraph 10, as well as the other parts 2, 3, 4 and 6 the provisions referred to in the paragraph.
2. the Cabinet of Ministers until 31 March 2009 manages this law article 24, first paragraph, point 4 and 5, as well as the second part of paragraph 1 and 5, the provisions referred to in the.
The law shall enter into force on the day following its promulgation.
The Parliament adopted the law of 4 December 2008.
President Zatlers in Riga, v. 2008. on 23 December Editorial Note: the law shall enter into force on 24 December 2008.