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The Management Of The Structural Funds Of The European Union Law

Original Language Title: Eiropas Savienības struktūrfondu vadības likums

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The Saeima has adopted and the President promulgated the following laws: the management of the structural funds of the European Union law, chapter I. General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) the structural evaluation of structural funds, the European Union (hereinafter referred to as the structural funds) of the use of funding and the effectiveness of management of the structural funds according to the planning documents;
2 submission of the draft structural funds) — application (form and its attachments) required for project funding from the structural funds;
3) applicant: the draft structural funds, direct or in direct public administration, other State authority in the Republic of Latvia registered legal person, natural person, as well as associations of such persons;
4 types of structural projects): a project of the open competition), b), c) grants scheme national programs project d) grant scheme of the project;
5 open submission projects) contest guidelines: open project application preparation and progress of the tender conditions, including beneficiaries of structural funds, according to the planning documents;
6) grant schemes describes grant scheme, project preparation and implementation conditions, including the grant beneficiary, according to the planning documents;
7) grant scheme application — an application project (form and its attachments) grant funding from the structural funds;
8) grant schemes the project applicant, direct or in direct public administration, other State authority in the Republic of Latvia registered legal person, natural person, as well as associations of such persons;
9) project application evaluation criteria — administrative, quality and specific application of the project evaluation criteria, according to which the project application is assessed and a decision on project approval or rejection of the application;
10) financial control and audit: a) the random test in place of the implementation of the project, b) structural funds management system compliance and verification of the effectiveness of the structural funds, c) project funding request and statement of expenditure of the compliance sampling, d) structural funds final Declaration of expenditure to the inspection;
11) programming documents the implementation of those activities: (a) submission of the project open) competition, (b), (c) the grant scheme)) national programme for the structural funds;
monitoring of structural funds 12)-funded measures and enforcement analysis according to the planning documents;
13) planning documents, 17 June 2004, the European Commission decision 17/VI/2004 approved the single programming document for Community structural assistance for Latvia under objective 1 and the programme complement for the 2004-2006 under objective 1. 2. article. The purpose of the law this law aims to provide management of the structural funds in order to promote efficient, transparent and principles of financial management of the structural funds implementation in Latvia. 3. article. The scope of the law (1) of the Act establishes the institutions involved in the management of the structural funds, the rights and obligations of the Supervisory Committee and the Steering Committee of the decision taken by the management of the structural funds and institutions involved in the decision-making, the opposition and appeal procedures.
(2) of the Act apply to the implementation of the programming document. 4. article. The management of the structural funds the structural funds management is the planning document preparation, reconciliation and approval, management of the structural funds system, structural fund application evaluation criteria of the project development and approval, as well as the implementation of the structural funds, financial control, auditing, monitoring and evaluation. 5. article. The structural funds the structural funds funding the project to the application in accordance with this law shall not create an obligation for the management of the structural funds to the institution involved in the structural funds granted to the applicant or the project grant scheme the applicant funding structural projects in the implementation of the project. Chapter II. Structural Fund management authorities involved in article 6. Structural funds the structural funds management in the management of the participating institutions are: 1) the managing authority;
2) payment authority;
3) first level intermediate;
4) second-level intermediate;
5) beneficiary of the structural funds;
6) grant scheme operator;
7) grant beneficiaries;
8) Monitoring Committee;
9) Steering Committee. 7. article. The managing authority (1) the managing authority shall have the following responsibilities: 1 to provide the management of the structural funds) and the effectiveness of implementation;
2) to provide the Monitoring Committee secretariat functions;
3) Steering Committee to provide secretariat functions;
4) provide the management of the structural funds information and communication measures in Latvia;
5 coordinate management of the structural funds), the necessary human resources development measures and organize their execution in Latvia;
6) to provide technical assistance in the planning, preparation and follow-up;
7) ensure that proposals are being prepared for amendments to programming documents;
8) provide the structural project submission form project development;
9) ensure the involvement of non-governmental organizations Steering Committee and Monitoring Committee.
(2) the managing authority has the following rights: 1) take financial control of the structural funds and audits;
2) request of the paying authorities, intermediate bodies, first level, second-level intermediate bodies, grant schemes, the operator, the beneficiary of the structural funds and grant funding, the requested information necessary for the management and implementation of the structural funds.
(3) the managing authority shall perform the functions of the Ministry of finance separate competence.
(4) the Ministry of finance to ensure that it functions in accordance with the provisions of this law, the performance as a managing authority, be separated from other functions. 8. article. Payment authority (1) the authority shall have the following responsibilities: 1) make the financial management of the structural funds;
2) attest.
(2) the authority has the following rights: 1) take financial control of the structural funds and audits;
2) request of the managing authority, intermediate bodies, first level, second-level intermediate bodies, grant schemes, the operator, the beneficiary of the structural funds and grant funding, the requested information necessary for the financial control and audit and certification of expenditure.
(3) authority for the payment of State Treasury separate competence.
(4) the Treasury to ensure that it functions in accordance with the provisions of this law, the performance as a payment institution, to be separated from other functions. 9. article. First-level intermediate bodies (1) the first level intermediate has the following responsibilities: 1) participate in the planning document drafting amendments;
2 structural projects) to draw up the application evaluation criteria;
3) according to the planning documents to coordinate the implementation of activities financed by the structural funds under the relevant sectoral policies and planning documents priorities, monitor the activities financed by the structural funds, to analyze the problems in the implementation of the structural funds, and to submit to the managing authority and the Monitoring Committee for the implementation of the proposals for the structural funds;
4 develop national structural funds) program, grant schemes, open the project description submission contest guidelines, including project application evaluation criteria;
5) develop and support the business control law for the Ministry of finance for the initial evaluation of the support program if the measure provided for in the programming documents for business support;
6) to create the Commission, and determine the evaluation procedures for the structural funds projects evaluated submissions;
7) to assess the project submissions open tendering project submissions according to the project quality and the application of specific evaluation criteria and project submission contest guidelines, as well as to submit to the Steering Committee of the project submission open tendering project submission list;
8) to assess the grant schemes the project submission according to the project quality and the application of specific evaluation criteria and grant schemes for the description;
9) to decide on the application of open project tender submission the draft structural funds approval or rejection;
10) to take a decision on the approval of the national programme for the structural funds;
11) to examine the submissions made in accordance with article 19 of this law the third and fourth paragraphs, and make a decision about them;
12) to provide the public with information and to provide publicity for the issues related to the structural funds.
(2) the first level intermediate has the right cabinet in order to submit proposals for amendments to the draft structural funds to ensure the use of financial resources, the efficiency and effectiveness of the law on budget and financial management requirements.
(3) the first subparagraph of this article 4, 6, 7, 9 and 10 the obligations laid down in point and the second part to the rights laid down in the European agricultural guidance and guarantee fund, guidance section (hereinafter the EAGGF) and the financial instrument for fisheries guidance (hereinafter referred to as the FIFG) implemented the second-level intermediate.

(4) the authority shall ensure that the functions which it has under the provisions of this law, the performance as a first level intermediate is separated from other functions.
(5) first-level intermediate bodies established by the Cabinet of Ministers. 10. article. Second-level intermediate bodies (1) the second level intermediate has the following responsibilities: 1) according to the planning documents to ensure the implementation of activities financed by the structural funds;
2) after checking with first level intermediate to issue and close the open project submission contest;
3 to assess the project open) application invitation project submissions according to the project of the administrative application evaluation criteria and to take a decision on the application of each project administrative compliance or non-compliance with the administrative and project submission rejection;
4) close the beneficiaries of structural funds contract for structural fund implementation of the project;
5) to take financial control of the structural funds and audits;
6) to monitor the open project submission contest, national structural funds programme and grant schemes for project implementation;
7) prepare the Declaration of expenditure;
8) provide the structural bodies involved in the management of information on the implementation of the structural funds for the project;
9) to provide the public with information and to provide publicity for the issues related to the structural funds.
(2) the authority shall ensure that the functions which it has under the provisions of this law to fulfil as second level intermediate is separated from other functions.
(3) second-level intermediate bodies established by the Cabinet of Ministers. 11. article. Grant scheme of the operator (1) Grant Scheme, the operator has the following responsibilities: 1) according to the planning documents to ensure grant schemes;
2) after checking with first level intermediate to issue and conclude grant schemes the project submission contest;
3) to assess the grant scheme project submissions according to the project of the administrative application evaluation criteria and to take a decision on the application of each project administrative compliance or non-compliance with the administrative and project submission rejection;
4) to take a decision on the grant scheme project application approval or rejection;
5) close to the grant, the beneficiary of the financing agreement for the grant scheme for implementing the project;
6) take financial control of the structural funds;
7) monitoring project implementation grants scheme;
8) provide information to the public and to provide publicity for the issues related to the structural funds.
(2) the Grant Scheme operator has the right to propose and Fund grant funding recipient audit.
(3) the authority shall ensure that the functions which it has under the provisions of this law shall perform as grant schemes, the operator is separated from other functions.
(4) the Grant Scheme, the operator is determined by the Cabinet of Ministers. 12. article. The beneficiaries of the structural funds (1) the beneficiary of the structural funds are direct or in direct public administration, other State authority in the Republic of Latvia registered legal person, natural person, as well as associations of such persons, which developed the draft structural funds has been approved in accordance with the procedure laid down in this Act.
(2) in the case of the structural funds the scheme grants the beneficiary's grant scheme, the operator.
(3) the beneficiary of the structural funds the structural funds provide the implementation of the project under the contract concluded with the second level intermediate. 13. article. Grant beneficiary (1) Grant the beneficiary is direct or in direct public administration, other State authority in the Republic of Latvia registered legal person, natural person, as well as associations of such persons whose development grant scheme project is approved in accordance with the procedure laid down in this Act.
(2) the Grant recipient of funding from the structural funds provides funded grant schemes for implementing the project in accordance with the agreement concluded with the grant scheme operators. 14. article. The Monitoring Committee (1) the Monitoring Committee is involved in the management of the structural funds a collegial institution that operates in accordance with the regulations approved by the Cabinet of Ministers.
(2) the Monitoring Committee shall monitor the implementation of the programming document and the objectives set out therein.
(3) the composition of the Monitoring Committee shall be determined by the Cabinet of Ministers. 15. article. Steering Committee (1) the Management Committee is involved in the management of the structural funds a collegial body established to monitor the implementation of the structural funds and submit proposals on the use of appropriated funds for efficiency and effectiveness.
(2) The Steering Committee works on the basis of the Charter, and performs the following functions: 1) of the structural funds the project submission form samples before the approval of the Cabinet of Ministers;
2) the open project submission contest guidelines prior to approval of the Cabinet of Ministers;
3) national structural funds programmes and the projects;
4) make sure that the project respected the structural arrangements for the evaluation of the application, and the application of structural funds projects;
the grant scheme 5) description before being approved by the Cabinet of Ministers;
6) the financial resources of the programming document distribution plan according to the activities set out in the programming documents.
(3) the Cabinet of Ministers approved the structural funds regulations and the Management Committee shall determine the composition of the Management Committee. Chapter III. The management of the structural funds, article 16. Management of the structural funds (1) in order to ensure the management of the structural funds, the Cabinet of Ministers approved: 1) the procedures for the authorities involved in the management of the structural funds provides for the amendment of the planning documents and the implementation of the structural funds (the structural funds the project application or grant schemes the project application preparation, submission and evaluation of the structural funds and project or grant schemes projects);
2) order in which the management of the structural funds in the participating institutions provide financial control of the structural funds and audits;
3) procedures for reporting on the implementation of the structural funds for projects funded in the identified discrepancies and take a decision on the use of funds granted;
4) order in which structural fund management authorities involved in public information on the structural funds;
5) order in which the management of the structural funds in the participating institutions provide structural fund publicity and visual identity requirements;
6) procedures for the management of the structural funds in the participating institutions provide the monitoring and evaluation of the structural funds;
7) order in which the State budget plan of the structural funds for the implementation of the projects funded and payments;
8) procedures in the management of the structural funds, the participating institutions shall prepare and approve the national programmes of the structural funds;
9 the structural funds) financial management;
10) order in which the management of the structural funds in the participating institutions provide the programming document measure "development of coastal fisheries, socio-economic measures, the markets for the promotion of learning and support for producer organisations ' activities" support for producer organisations ' implementation, financial control and audit;
11) project application form the structural funds;
12 open project application) contest guidelines;
13) grant schemes.
(2) the managing authority shall establish a management information system for monitoring and programming document provided with structural fund projects, the accumulation of data related to the implementation of article 7 of this law in specific functions.
(3) the final Declaration of expenditure, the structural funds of the Ministry of finance Inspection Department, which is separate from the functions of the managing authority and the paying authority. Article 17. The Supervisory Committee and the decisions of the Management Committee of the Monitoring Committee and the Management Committee shall adopt administrative decisions in accordance with this Act and other regulatory control of the structural funds regulations. Chapter IV. Institutions involved in the management of the structural funds decisions, the challenge and appeal of article 18. Institutions involved in the management of the structural funds decisions (1) involved in the management of the structural funds, the institution shall take decisions on the draft submission contest open projects and grant schemes.
(2) the decision shall be taken on the draft structural funds: 1) application or grant schemes the project submission compliance project of the administrative application evaluation criteria and further upstream of the project to evaluate the quality of the application and the specific evaluation criteria or the application of administrative projects and project submission rejection;
2 application of the draft structural funds) or grant schemes for project approval or rejection of the application;
3 the use of funding granted).
(3) in the case of the EAGGF and FIFG adopt joint decisions on the application of the draft structural funds administrative compliance or non-compliance with the administrative and project, as well as the rejection of an application for a project approval or rejection of the application.

(4) the decision on the application of the draft structural funds or grants scheme of the application of the draft administrative compliance and further progress of the project to evaluate the quality of the application and the assessment criteria or specific administrative non-compliance and of the rejection of the application shall be adopted: 1) second level intermediate driver open project submissions in the case of the draft tender after submission of the draft structural funds evaluation according to the project application, the administrative evaluation criteria;
2) grant scheme operator Manager grant schemes in the case of the project after the grant schemes for the assessment of the application of the project according to the project of the administrative application evaluation criteria.
(5) a decision on the application of the draft structural funds or grant schemes for project approval or rejection of the application shall be taken: 1) first level intermediate driver open project submissions in the case of the tender of the project after the project submission evaluation according to the project quality and the application of specific evaluation criteria and harmonisation in the Management Committee;
2) grant scheme operator Manager grant schemes in the case of the project after the grant schemes for the assessment of the application of the project according to the evaluation of the project quality and the specific evaluation criteria.
(6) in the case of the EAGGF and FIFG second level intermediate Manager can delegate another authority a joint decision on the application of the draft structural funds administrative compliance or non-compliance with the structural, administrative and project submission or rejection of the structural project approval or rejection of the application.
(7) institutions involved in the management of the structural funds, on the basis of the structural funds the project applicant or grant schemes the project the applicant's legal status, issue administrative acts or decisions of Government adopted.
(8) If the applicant or the draft structural funds grant schemes the project applicant is registered in Latvia's legal person, natural person, Association of persons involved in the management of the structural funds-decision of the head of the institution is an administrative act.
(9) where the applicant or the draft structural funds grant schemes the project applicant is a direct or in direct public administration, institutions involved in the management of the structural funds in driving the decision is administrative decision and cannot be appealed in court.
(10) the management of the structural funds in the participating institution shall decide the following term: 1) the second paragraph of article 1 of the decision referred to in paragraph — six months from the date of submission of the project application;
2) of the second paragraph of this article referred to in paragraph 2 of the decision: 12 months from the date of submission of the project application;
3) referred to in the third subparagraph of decision within 12 months of the date of submission of the project application.
(11) in the case of the EAGGF and FIFG joint decision on the application of the draft structural funds the administrative compliance or non-compliance and the submission of the project approval or rejection shall be taken within a period of 12 months following the submission of the application. 19. article. Structural Fund management authorities involved in the contested decision (1) article 18 of this law referred to in the second subparagraph of decision may be challenged by the structural funds the project applicant or grant schemes the project applicant.
(2) the applicant or the draft structural funds grant project scheme the applicant may contest the decision on the application of the draft administrative compliance and further progress of the project to evaluate the quality of the application and the assessment criteria or specific administrative and structural project or grant schemes for project submission rejection.
(3) second-level intermediate driver's decision may be challenged at the first level of the intermediate body responsible for activities in accordance with the planning documents.
(4) the Grant Scheme, the operator's driver's decision on Administrative and grant schemes for project submission rejection can be a challenge at the intermediate level, which is responsible for the management of the activity according to the planning documents.
(5) in the case of the EAGGF and FIFG second level intermediate driver's decision to contest the rural support service in accordance with the procedure prescribed by law.
(6) this Act article 18 referred to in the second paragraph of the contested decision shall not suspend the execution. 20. article. Structural Fund management authorities involved in the appeal decision (1) first-level intermediate bodies, the second-level intermediate bodies and grant schemes, the operator's driver's decision, if complied with this statutory cases extrajudicial procedure, may be appealed against in court.
(2) the first paragraph of this article shall not suspend appeals against decisions in its execution. 21. article. The right to consult the case (1) the applicant for a project at any stage of the proceedings has the right to look at the structural funds or the project grant scheme application project.
(2) the applicant shall consult the Draft Structural Fund project or grant scheme application evaluation materials are eligible only after the entry into force of the final decision on the structural scheme of a project or grant project submission.
(3) reviewing the structural project or grant schemes the project submissions, not disclosed information about people who valued the grant of structural schemes of the project or project submission. 22. article. The structural design of the application or grant schemes the project refine the application (1) where the application of the draft structural funds or grant schemes the project submission does not meet the project's administrative application evaluation criteria, the second level intermediate or grant scheme operator to this law, article 18, paragraph 1 of the second paragraph of that decision in writing to the request (once) to the structural funds, the project applicant or grant schemes the project applicant provides additional information to clarify the application of the project. Further structural or grant schemes, application tuning, the project also involved in the management of the structural funds challenging the Authority's decision on the application is not acceptable.
(2) the decision on the request for additional information may not be contested and appealed. 23. article. The structural project or grant schemes the project the applicant's hearing on the structural scheme of a project or grant the applicant a hearing of the project considered the application of the project, as well as a clarification of the law in accordance with the conditions laid down in article 22. Chapter v. Final provisions article 24. Limitations in the management of the structural funds to the persons involved in the management of the structural funds involved in commercial activities, income generation and job connect limits, and other restrictions and responsibilities determined by the law on the prevention of conflicts of interest in the activities of public officials ". 25. article. Freedom of information (1) the application of the draft structural funds or grant schemes the project application is limited by the availability of information and everyone has access under the freedom of information act.
(2) On the following general information: 1) the structural funds by the beneficiary (name and forename of person or entity name and address);
2) project title;
3) funding from the structural funds granted;
4) activity, which is allocated to the structural funds;
5) project implementation;
6) summary of project activities be undertaken.
(3) in the first and second part of this information is available after the entry into force of the final decision on the structural scheme of a project or grant project submission.
(4) not disclosed information about people who valued the project application to the structural funds or grant schemes the project submission. 26. article. Duty, going to court by the managing authority, payment authority, its first level, second level intermediate and grant schemes for the operator, going to court for contractual disputes, a State fee shall be paid. Transitional provisions 1. Cabinet of Ministers until July 1, 2006 does article 16 of this law the provisions referred to in the first paragraph. 2. this law, article 16, first paragraph, point 1 of the Cabinet of Ministers regulations laid down for the entry into force of the, but not longer than until 1 July 2006 shall be valid for the Cabinet of Ministers of 30 March 2004, the Regulation No 200 "provisions on the management of the structural funds of the European Union". 3. the Cabinet of Ministers on 21 September 2004, the Regulation No 796 "rules on commercial conditions and provide support for the submission of projects and aid modalities" is in effect until July 1, 2006. The law shall enter into force on 1 January 2006.
The law adopted by the Parliament of 8 December 2005. State v. President Vaira Vīķe-Freiberga in Riga 2005 22 December