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Trans-European Networks Project Management Law

Original Language Title: Eiropas komunikāciju tīklu projektu vadības likums

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The Saeima has adopted and the President promulgated the following laws: the trans-European network project management law chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) beneficiary — as a result of the implementation of the project would benefit the recipient and the person responsible for the project implementation, which is the direct or in direct public administration, other State authority derived public person in Latvia registered legal person or an Association of such persons, as well as the international organization;
2) paper of the European Commission-the European Commission opened a project application to the competition for funding of the trans-European network budget resources;
3) deployment authority — the project implementer that is direct or in direct public administration, other State authority derived public person in Latvia registered legal person or an Association of such persons, as well as the international organization;
4 the applicant — the project directly) or direct State administration, other State authority derived public person in Latvia registered legal person or an Association of such persons, as well as the international organization;
5 application — application) project (completed form and its attachments) required for project funding from the budget for trans-European networks;
6) project performer: a natural or legal person or an Association of such persons in any combination, which acquired the right to provide services, to deliver the goods or perform the works on the project. 2. article. The purpose of the law the law aims to create a strong and transparent European networks project management in Latvia. 3. article. (1) the operation of the law, in so far as the law does not lay down European Union legislation provides for the trans-European network budget co-financed the transport and energy infrastructure projects (hereinafter the project) the preparation, approval, implementation, and monitoring and control.
(2) the European Union financial assistance for the implementation of the project on the trans-European network budget is allocated in accordance with the Council of Europe, 18 September 1995 Regulation (EC) No 2236/95 laying down general rules for the granting of Community financial aid in the field of trans-European networks [amended by the European Parliament and of the Council of 19 July 1999, Regulation (EC) No 1655/1999 of the European Parliament and of the Council of 21 April 2004, Regulation (EC) No 807/2004 of the European Parliament and of the Council of 6 July 2005, Regulation (EC) No 1159/2005] [hereinafter Regulation (EC) No 2236/95].
(3) this law shall apply to projects that are submitted for approval to the European Commission on 31 December 2013.
(4) this Act does not apply to telecommunications projects. Chapter II project management institution involved in the project and their functions in the implementation of article 4. (1) the managing authority the managing authority provided in Regulation (EC) No 2236/95 of the Member's duties.
(2) the functions of the managing authority makes: 1) — Ministry of transportation projects in the transport sector;
2) of the Ministry of economy, energy sector projects.
(3) the managing authority shall determine for the managing authority functions of the officials responsible.
(4) the managing authority shall perform the following functions: 1) supports the trans-European network budget learning management, project monitoring and control, as well as project management authorities involved in coordination and cooperation with the European Commission;
2) published by the European Commission, adopted proclamations and assess the project submissions and submit them for approval to the European Commission;
3) assess prepare proposals for amendments to the European Commission decision and submit them for approval to the European Commission;
4) supports project implementation review, interim report and payment of the examination and submission of a request to the European Commission.
5) plans to project finance according to cash flow for separate national budget;
6) prepare payment orders implementing body or making payments to a beneficiary for the project and submit them to the payment institution;
7) prepare proposals for amendments to the Latvian law, to ensure compliance with the laws and regulations of the European Union legislation and improve project management, monitoring and control procedures;
8) organizes the information and publicity measures for the public State of the trans-European network budget.
(5) the draft application evaluation criteria and requirements for project applicants, the procedures shall be published in the European Commission, adopted the proclamations and assess the project submissions and submit it for approval to the European Commission, as well as assess prepare proposals for amendments to the European Commission's decision and shall submit it for approval to the European Commission, established by the Cabinet of Ministers.
(6) if the beneficiary is the leading authority, it shall assess the application of the draft and submit the appropriate application of the project to the European Commission. During project implementation the managing authority shall ensure the implementation of the project and control function of the separation of authority. 5. article. (1) payment authority payment authority functions carried out by the Treasury.
(2) the authority shall perform the following functions: 1) open the Treasury account managing authority of the trans-European network budget from the European Commission;
2) receives from the European Commission's trans-European networks budget and accounts in the account by the managing authority;
3) on the basis of the submitted by the managing authority for the implementation of a payment order to the institution or to the beneficiary, make payments and the project provides the issuing of account statement;
4) on the basis of the managing authorities, the payment order shall repay the European Commission not to play and not used for the trans-European network budget. 6. article. The beneficiary of the aid beneficiary of the decision of the European Commission's conditions and perform the following functions: 1) provides benefits in the implementation of the project in its accounting records;
2) project provides the benefits of the rational use and maintenance according to the requirements of the Latvian and European Union laws and regulations of the budget and finance;
3) if necessary, draw up and submit to the evaluation of the leading body proposals for amendments to the European Commission decision;
4) controls the implementation of the project, carry out inspections at the place of implementation of the project and documented it;

5) inform the managing authority on the measures taken to prevent all levels of testing revealed deficiencies in project implementation;
6) shall immediately inform the managing authority concerning found discrepancies during project implementation, and on measures to prevent it;
7) prepare and submit reports to the managing authority and the reports of the European Commission's decision and article 8 of this law in the first part of that agreement;
8) submitted to the managing authority project management and internal control system, as well as the description of the project management to be responsible for the list and contact information.
9) legislation in the cases and in the order organizes the procurement procedures of the project purposes;
10) Contracting with the project contractor for the provision of services, the supply of goods or the work payments according to the purchase agreement terms;
11) provides a project artist payment document submitted (for services received, the goods and the amount of the works carried out, quality and other provisions of the contract of purchase);
12) organizes the information and publicity measures for the implementation of a project. 7. article. The introduction of the authority if the implementation does not support the requested authority, then, conclude a contract for the implementation of the project, the beneficiary can pass this law, in article 6, the introduction of the function body. 8. article. Cooperation of the authorities in the exercise of its functions (1) the managing authority shall enter into an agreement with the beneficiary or the introduction of project implementation and monitoring arrangements.
(2) the beneficiary shall be submitted to the managing authority of this law article 7 of the Treaty referred to in the copy. Chapter III project, matching to the application and the approval of article 9. Project application (1) the applicant for the project pursuant to this law and other laws and regulations be prepared and shall submit the application to the managing authority.
(2) the applicant provides a project for implementation of the project from its own resources. 10. article. Project coordination of the application (1) the managing authority shall assess the project submissions and decide on the application of the project for approval to the European Commission or its rejection.
(2) if the application is not only the Castle, the leading authority in drawing up an opinion on the project application and send it to the project applicant. The applicant in writing of the project once you can refine the project application and opinion within the time limit specified to re-submit it to the managing authority. Clarification of the application of the project considered the applicant's project.
(3) of this article, the decision referred to in the first paragraph in Latvia registered legal person or an Association of such persons, as well as the international organization may appeal to the administrative procedure law. Appeal shall not suspend the decision action. This article referred to in the second paragraph of the opinion is to be considered as administrative acts and cannot be challenged or appealed. 11. article. Project application (1) the managing authority within five working days after the document received from the European Commission, shall inform the applicant of the project of the European Commission's objections and comments regarding the project submission.
(2) any amendments to the application of the project after its submission to the European Commission for the project, the applicant shall coordinate with the managing authority. Chapter IV control of project implementation and audit article 12. Project implementation control (1) the managing authority shall ensure the monitoring and implementation of the project: 1) verification of the implementation of the project;
2) the bodies involved in the implementation of the project of the system of internal control and audit of the effectiveness of compliance;
3) the intermediate and final payment request document verification and certification of expenditure and submit these documents to the European Commission.
(2) the first subparagraph of this article referred to in paragraph 2 shall be carried out by the managing authority to the audit department, which is not directly involved in the project implementation, payments and the first paragraph of this article 1 and referred to in paragraph 3 inspections.
(3) the managing authority shall be entitled to request to be closed a contract for an independent audit of the project for the approval of the eligibility of expenditure, the cooperation agreement with the beneficiary or implementation authority.
(4) the aid beneficiary referred to in the third subparagraph of the Treaty together with the request for payment shall be submitted to the managing authority documents.
(5) the order in which project management bodies in the cue, go give the particulars of the alleged infringements and irregularities in the implementation of the project, and the project will be released under the expenses incurred shall be determined by the Cabinet of Ministers. 13. article. Project audit (1) the managing authority, the National Audit Office, the European Commission, the European Court of Auditors and the European anti-fraud Office may carry out verification of the implementation of the project.
(2) the managing authority, the implementing authority, the aid beneficiary and executor of the project: 1) presented to the Auditors with the project documents;
2) provides access to documentation on financial resources, other material values and premises, if this documentation relates to the audit;
3) prepares the required documents and copies of the statements;
4) provide explanations for project auditors the preparation, implementation and monitoring.
(3) the managing authority shall have the right in the course of implementing the project of an independent audit, to call upon a third party to verify the proper implementation of the project. Beneficiaries or implementing authority shall bear the expenses of the independent audit of their own funds, if the audit, the project found discrepancies arising from the beneficiary or implementation Authority Act or omission. 14. article. Project documentation storage for documents related to project preparation and implementation, all involved in the implementation of the project the authorities keep under the laws of Latvia and the European Commission's decision on the requirements for document storage. Transitional Cabinet until 2007 December 31 issued this law, in article 4, in the fifth subparagraph, and article 12 provisions referred to in the fifth subparagraph. The law shall enter into force on 1 May 2007.
The law adopted by the Parliament in the 2007 on April 4. State v. President Vaira Vīķe-Freiberga in Riga in 2007 April 25.