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And The European Structural Funds Objective "european Territorial Cooperation" Programme Management Law

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

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The Saeima has adopted and the President promulgated the following laws: the European structural and investment fund objective "European territorial cooperation" programme management law article 1. The terms used in the law, the law is applied in the following terms: 1) financial controls — check out the partner program the control carried out by the institution of the European Parliament and of the Council of 17 December 2013 Regulation (EU) No 1303/2013 laying down common provisions on the European regional development fund, the European Social Fund, the Cohesion Fund, the European agricultural fund for rural development and the European Fund for Maritime Affairs and fisheries and general provisions on the European regional development fund , The European Social Fund, the Cohesion Fund and the European Fund for Maritime Affairs and fisheries, and repealing Council Regulation (EC) No 1083/2006 (hereinafter Regulation No 1303/2013), 125. paragraph 4 (a) of "a" and the European Parliament and of the Council of 17 December 2013 Regulation (EU) No 1299/2013 for special provisions for the support of the European regional development fund under the objective "European territorial cooperation" (hereinafter Regulation No 1299/2013) the fourth part of article 23; 2) predefined project-project, the implementation of which is agreed upon by all partners of the programme and which is not a selective tendering procedures; 3) national Subcommittee — Latvia established a collegiate institution that provides the Advisory function of the national authority responsible for the program management and control and to act in accordance with its approved Charter; 4) national designated authority: a program partner, the national body that provides the program of partner country commitments relating to the development of a programme document and the program management and control; 5) non-compliance — a violation under regulations No 1303/2013 article 36; 6) program, in accordance with Regulation (EC) No 1303/2013 and Regulation No 1299/2013 action plans drawn up by Member States for specific objectives, their implementation and control mechanisms; 7) programme document, the document, which concerned the development of the European Union's structural and investment fund objective "European territorial cooperation" programme, which is implemented by the European Regional Development Fund (ERDF) support, partner countries and approved by the European Commission and which is binding on the programs and projects involving institutions and determine the development strategy, programme and thematic priorities, programme management and control system, as well as programme and project implementation procedures and conditions; 8) beneficiary: a public or private law legal persons according to the conditions of the programme, which is assigned to a program funding; 9) program partners: the European Union Member State or country outside the territory of the European Union, which in the regions have been identified as eligible in the area; 10) certification authority: in selected jointly by the partner institution that fulfils the Regulation No 1299/2013 set out in article 24; 11) managing authority: a program jointly selected partner institutions that comply with Regulation No 1299/2013 set out in article 23; 12) State budget co-funding: State budget financing, which is planned in addition to the total eligible for ERDF funding to cover; 13) State budget co-funding rate — the percentage of co-financing national budgets in relation to project total eligible expenditure; 14) agreement on the implementation of the programme: in the partner agreement for the program management and control responsibilities of the bodies involved, rights and obligations, the obligations of the partner countries, including national co-financing programmes of technical assistance in the budget decision-making process, financial management and control actions in respect of the infringement, made improper expense recovery procedures or other conditions according to the decision of partner countries; virssaistīb-15) the additional obligations for payments from the State budget to cover the expenses which exceed the relevant programmes ERDF funding and Government co-financing, which is scheduled for addition to the ERDF funding the project of the programme the eligible expenses; 16) auditor – collegiate institution, which is made up of a representative from each of the partner country and which is carrying out the functions assigned to it under Regulation No 1299/2013 article 25 paragraph 2; 17) the audit authority: a program jointly selected partner institutions that comply with Regulation No 1299/2013 function referred to in article 25; 18) Monitoring Committee — a collegial institution which comply with regulations No 1303/2013 article 49 and 110 functions referred to in article and made up in accordance with regulations No 1303/2013 article 48. 2. article. The purpose of the law the law aims at identifying the structural and European Union investment fund objective "European territorial cooperation" programme, implemented with support from the ERDF, effective, transparent, and the principles of sound financial management under control in Latvia, in so far as it does not determine directly applicable European Union legislation. 3. article. The scope of the law (1) of the Act defines the following programme: 1) Estonian-Latvian border cooperation programme; Latvia — Lithuania 2) cross-border cooperation programme; 3) Central Baltic Sea cross-border cooperation programme; 4) in the Baltic Sea region programme transnational cooperation; 5) Europe interregional cooperation INTERREG programme; URBACT II, 6) interregional cooperation programme; 8 interregional cooperation programme ESPON); 8) interact for territorial cooperation programme (iii) good governance programme; 9) other European Union structural and investment fund objective "European territorial cooperation" programmes, which should be implemented, with support from the ERDF and that Latvia can participate in a program established in the beneficiary in accordance with program conditions. (2) of the Act apply to 2014 – 2020 programming period. 4. article. The State budget for the co-financing rate (1) a national co-financing rate of the budget programme for the implementation of the approved projects is not higher than specified in the programme document for Latvia the minimum possible rate, which can provide the European Commission decision approving the programme for the priority axis of the programme specific ERDF co-financing rate, except in the second part of the above cases. (2) the Cabinet may decide on the first paragraph of this article in the national budget to increase the rate of co-financing of projects previously established, if during the implementation of the programme is the result of an objective need for the implementation of the project the cost incidence. 5. article. Virssaistīb (1) the managing authority can assume virssaistīb, subject to the agreement of all partners of the programme. (2) Virssaistīb and this law article 4 referred to in the second paragraph of incidence amount does not exceed five percent of the program funding FROM the ERDF planned, except that this article is referred to in the third subparagraph. (3) the Cabinet may decide on this referred to in the second subparagraph of article virssaistīb of the palielināš of limit amount, if it is necessary to use the ERDF total and not risk that will require additional expenditure from the State budget allocated to the planned expenditure. (4) If the managing authority bears virssaistīb, the Cabinet of Ministers shall determine the order in which virssaistīb is assigned. 6. article. Program management institutional structure

Program management includes the following institutions: 1) the national authority; 2) national Subcommittee; 3) managing authority; 4) certification authority; 5) the audit authority; 6) Monitoring Committee; 7) joint secretariat. 7. article. National responsible authority, its obligations and rights (1) with regard to article 3 of this law, first paragraph 1., 2., 3., 4., 5., 6., 7 and 8 of those programmes, the national authority responsible has the following responsibilities: 1) in cooperation with the partner countries to ensure participation in the drafting of the document and its submission for approval of the Cabinet of Ministers, participation in program implementation, monitoring and evaluation, financial control and audit; 2) represent Latvia as a partner in making a decision on the amendments to the programme document; 3) for Latvian-Lithuanian cross-border cooperation programme — in addition to the first part of this article referred to in paragraph 1, the obligation to ensure that the programme submission for approval to the European Commission and ensure the negotiating process on the document's approval; 4) to provide the signing agreement on participation in the programme and the implementation of the programme and to ensure its implementation; 5) confirm in writing that the Latvia agrees to the contents of the application of Regulation No 1299/2013 article 8, paragraph 9; 6) represent the Latvian national interests by approving and providing participation in the Monitoring Committee of the program, as well as article 12 of this law in the fourth part of that decision-making, respecting efficiency and effectiveness; 7) ensure national subcommittees; 8) provide the State budget co-funding for the planning and execution of the programme or budget for technical assistance for the implementation of the programme, subject to the agreement of all partners; 9) to ensure State budget planning, allocation of co-financing and payments in Latvia registered the program's beneficiaries according to this law, article 15, paragraph 3, of the procedures laid down; 10) to determine the financial control body functions artist in Latvia registered beneficiaries of the programme, except in the ESPON programme of interregional cooperation, and ensuring the financial control of the methodical management; 11) to ensure participation in the programs of the Auditors; 12) to provide, on request, the program involved in the management of the institutions and the persons opinion on potential in Latvia registered the funding recipient compliance with the participation of the project in accordance with the relevant programmes set out in the document project partner eligibility criteria; 13) provide information to the managing authority and the audit authority, as well as the European Commission on the implementation of the programme identified inconsistencies, as well as provide the managing authority the information necessary for the management of the programme; 14) to ensure information and publicity measures, facilitating project development and Latvia registered the participation of the beneficiaries of the programme; 15) take the steps to get the program corresponding to the conditions of reimbursement of expenses from the programme established in Latvia, the beneficiary. (2) in relation to article 3 of this law, the first paragraph of point 9 of those programmes, the national authority responsible has the following responsibilities: 1 to provide the signing of agreement) on the participation of Latvia in the program and the implementation of the programme and to ensure its implementation; 2) to determine the financial control body functions artist in Latvia registered beneficiaries of the programme and to provide guidance in the management of financial control; 3 to provide on demand program) in the management of institutions involved and the persons opinion on potential in Latvia registered the funding recipient compliance with the participation of the project in accordance with the relevant programmes set out in the document project partner eligibility criteria; 4) provide information to the managing authority and the audit authority, as well as the European Commission on the implementation of the programme identified inconsistencies, as well as provide the managing authority the information necessary for the management of the programme; 5) take the steps to get the program inadequate reimbursement from Latvia registered beneficiaries of the programme. (3) the national authority responsible has the following rights: 1) consult the national Subcommittee on proposed amendments to the programme document, the monitoring of implementation of the programme, in the framework of the project compliance with national and regional planning documents and their priorities, project risk of overlap with other national or international programmes, as well as in the framework of potential programs established in Latvia, the beneficiary of the financing of the project application towards funding the programme monitoring Committee; 2) to request and receive information from other programs, management bodies and the beneficiaries of the programme, to ensure the management and control of the programme-related decision-making; 3) to express an opinion on the draft submitted to the approval of applications for funding or rejected applications (with the exception of this law, 3 the first paragraph of article 9 of the programme referred to in paragraph) in the Monitoring Committee; 4) propose a programme management bodies involved in the implementation of a project carried out inspections or other control measures. (4) the national competent authority for environmental protection and regional development Ministry. (5) the protection of the environment and regional development, the Ministry ensures that the functions that it performs under this law as a national responsible authority are separated from other functions. 8. 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 programme point of view (with the exception of this law, 3 the first paragraph of article 9 of the programme referred to in paragraph) implementation and monitoring; 2) by the national authorities to advise, at the request of potential programs established in Latvia, the beneficiary of the financing in the framework of the application of project compliance with national and regional planning documents and their priorities, as well as advising on project risk of overlap with other national or international programmes; 3) at the request of national authorities to provide views on the program management of the institutions involved in the proposed amendments; 4) according to the competency to promote program publicity. (2) national subcommittees shall have the right, on the basis of the first paragraph of this article, the information referred to in paragraph 2, to propose national responsible authority registered in Latvia's potential beneficiaries of the programme in the framework of the project application submitted for the approval of applications for funding or rejection, or additional conditions. (3) the composition of the national Subcommittee approved by the national authority. National subcommittees shall consist of: 1) one representative of the Ministry of defence, the Ministry of Foreign Affairs, the Ministry of Economy, Ministry of finance, the Ministry of the Interior, the Ministry of education and science, Ministry of culture, Ministry of welfare, the Ministry of transport, Ministry of Justice, the Ministry of health, the environment and regional development Ministry, the Ministry of agriculture and Pārresor coordination centre; 2) one representative of Kurzeme, Zemgale planning region, the region of Latgale planning region, Vidzeme planning region and the Riga planning region; 3) one representative from the Union of the Municipalities of Latvia, Latvian Association of large cities, the employers ' Confederation of Latvia and Latvian Chamber of Commerce and industry. 9. article. The managing authority, its obligations and rights (1) the managing authority is responsible for the management of the programme in accordance with the principle of sound financial management, to ensure the effective and accurate management and control of the establishment and maintenance of the system, as well as to the principles of transparency and equal treatment based program funding. (2) the managing authority is obliged, upon request, to provide information to the Monitoring Committee for the implementation of the programme's progress. (3) the managing authority shall have the right to request from a national authority, the audit authority, the certification authority, the financial control bodies and the funding requested information necessary for the management of the programme. (4) the functions of the managing authority for the Latvian-Lithuanian cross-border cooperation programme to fulfil the environmental protection and regional development Ministry, and it is determined that the officials responsible for the implementation of the function. (5) the protection of the environment and regional development, the Ministry ensures that the functions that it performs as the managing authority are separated from other functions. 10. article. Certification authority, its obligations and rights

(1) a certification authority is responsible for the program's financial flow management and control, to ensure the timely reimbursement of eligible program beneficiaries and payment applications to the European Commission. (2) the certification authority has the right to request of the managing authority, the audit authority, the financial control bodies and the beneficiaries of the programme information and relevant documents required for the certification of expenditure. (3) the certification authority has the obligation to provide the managing authority the information necessary for program management. (4) for the partner countries of the agreement, the functions of the certifying authority can be delegated to the managing authority under Regulation No 1299/2013 article 21. (5) the functions of the certifying authority for the Latvian-Lithuanian cross-border cooperation programme to fulfil the environmental protection and regional development Ministry, and it is determined that the officials responsible for the implementation of the function. 11. article. Audit authority, its obligations and rights (1) the audit authority is to ensure audits of the program management and control systems function properly and, on the basis of an appropriate sample, perform audits of program expenditure declared. (2) the audit authority is obliged to provide the managing authority the information necessary for the management of the programme. (3) the audit authority is entitled to demand from institutions involved in the management and financing of the programme requested the information in their possession necessary for the performance of its duties. (4) the functions of the audit authority for the Latvian-Lithuanian cross-border cooperation programme to fulfil the environmental protection and regional development Ministry, and it is determined that the officials responsible for the implementation of the function. (5) the audit authority for the execution of its functions creates and manages a group of Auditors, as well as its management. (6) environmental protection and regional development, the Ministry ensures that the functions which it has under this Act shall perform the audit authority are separated from other functions. 12. article. The Monitoring Committee, its responsibilities and rights (1) the Monitoring Committee shall operate in accordance with its approved Charter. (2) the Monitoring Committee shall carry out the functions laid down in regulations No 1303/2013 49. and article 110 and its approved Charter. (3) the Monitoring Committee shall approve the project evaluation criteria and guidelines for project preparation, submission, selection and implementation, as well as the incidence of the cost of the program according to the document, which is jointly developed by the programme partner countries that are supported by the Republic of Latvia Cabinet of Ministers and approved by the European Commission. These guidelines are binding for the programme management bodies, involved in the project application to the applicants and beneficiaries of the programme. (4) the Supervisory Committee decisions are binding on the program management and control bodies involved in Latvia, project submission applicants and beneficiaries of the programme. (5) the decision of the Monitoring Committee are published in the website. 13. article. The joint secretariat is to ensure that program management, the managing authority shall establish joint secretariat. The joint secretariat shall comply with Regulation No 1299/2013 23 referred to in the second subparagraph of article. 14. article. The rights and obligations of the beneficiary (1) the recipient has the following responsibilities: 1 to provide programs project) the effective and timely implementation of the agreement concluded on the proper implementation of the project; 2) to ensure that the funding allocated for the project will be used in accordance with the principle of sound financial management, in accordance with the principles of economy, effectiveness and efficiency; 3) to ensure that project expenditure should be made directly to the achievement of the objective of the programme and related funding from their implementation; 4) provide accounting separately for each programme; 5) inform immediately about any changes and conditions that can adversely affect the performance of the project; 6) upon request, to provide information on the implementation of the project and provide program management representatives of the institutions, as well as the financial control bodies representatives access to all relevant documents related to the implementation of the project of the original, as well as the implementation of the project site; 7) to ensure the conservation of the results of the programme, subject to the regulations No 1303/2013 article 71 in certain conditions and deadlines. (2) the recipient has the following rights: 1) require the State budget co-funding program approved projects for the implementation of the national budget funding subprogrammes under this law, in accordance with article 15, paragraph 3 of the procedures; 2) receive from the national authorities with the relevant information; 3) receive from the Secretariat information on the joint programme of support measures for the implementation of the project. 15. article. Cabinet's competency management in order to ensure the management of the program, the cabinet shall determine: 1) the order in which messages are to be provided for the European Union's structural and investment fund objective "European territorial cooperation" programme funded projects identified inconsistencies in the implementation and funding of the programme to be recovered; 2) order in which European Union structural and investment fund objective "European territorial cooperation" programme management authorities involved in public information on programmes approved projects; 3) order in which the State budget and the European Union structural funds objective "European territorial cooperation" programme beneficiaries from Latvia; 4) order in which the State budget plan to the European Union's Structural funds and investment fund objective "European territorial cooperation" programme and project implementation and payments; 5), arrangements are made for the European Union's structural and investment fund objective "European territorial cooperation" programmes for the financial control of projects financed. 16. article. Draft decision of the Monitoring Committee and appeals (1) an application for the project submission under this Act does not create an obligation to provide financing for the project, the applicant for the purposes of the project. (2) the decision of the Monitoring Committee on the application of the project approval, approval or rejection of the condition can be a challenge if the managing authority the managing authority located in the Republic of Latvia. (3) the managing authority according to the project the applicant's legal status issued administrative act or adopt regulatory decision. (4) if the applicant is a legal person in private law, the decision of the managing authority is an administrative act. (5) if the applicant is a direct or in direct administrative authority derived public person or another public authority, the decision of the managing authority is the Board's decision. (6) the managing authority issued the contested administrative act concerning the decision of the Monitoring Committee may be appealed to the administrative application of the relevant District Court courthouse. The managing authority the Government adopted the decision on the contested decision of the Monitoring Committee is not appealable. (7) in the second part of the Monitoring Committee referred to in the contested decision and the appeal does not suspend their operation. (8) If the managing authority is not in the Republic of Latvia, of the decision of the Monitoring Committee and the appeals challenge takes place according to the document, approved by the European Commission, of the procedures laid down. Article 17. Not according to the recovery of expenditure incurred (1) in the case of non-compliance with the recovery is carried out in accordance with the relevant programme documents approved by the European Commission, of the procedures laid down. (2) according to the recovery of the expenditure incurred from the Republic of Latvia registered beneficiaries of the programme, which is a private-law legal person performs civil order. 18. article. With the implementation of the project-related dispute resolution

(1) If the managing authority located in the Republic of Latvia, disputes relating to the contract for the project implementation, including financial resources allocated, the continuation of payment of payment or recovery, address: 1) civil fine, if the beneficiary is a private-law legal person. Documents prepared and adopted in the first sentence of the operations (for example, decisions, opinions, warnings, contract), not to be considered in the order of the administrative procedure; 2) decision by the managing authority of regulatory decisions public administration facilities in law challenging the direct public administration institutions that created the managing authority, the Manager, if the beneficiary is direct or in direct administrative authority or a public person derived. National regulatory authorities, which created the managing authority, the head of the Administration adopted the decision may not be appealed in court. (2) If the managing authority is not in the Republic of Latvia, disputes relating to the contract for the project implementation, including financial resources allocated, the continuation of payment of payment or recovery, to suit the contract concluded for the implementation of a project. 19. article. Duty, going to court, the national competent authority and the managing authority, going to the Court of general jurisdiction for contractual disputes, a State fee shall be paid. 20. article. Application of information design thing is limited availability information until after the entry into force of the decision on the application of the project approval, approval with conditions or disapproval. After the entry into force of the said decision the project is available under the freedom of information act and regulations No 1303/2013 article 115, paragraph 2 and in annex XII and in order. Transitional provisions 1 the Cabinet until 2014 December 31 issued this law article 15 (4) and (5) of these rules. 2. the Cabinet of Ministers until 2015 April 1 article 15 of this law shall be issued for 1, 2, and 3. the provisions referred to in paragraph 1. The law shall enter into force on the day following its promulgation. The Parliament adopted the law in 2014 on September 4. The President a. Smith in Riga 2014 on September 16.