The Order In Which Messages Are To Be Provided On The European Economic Area Financial Instrument And The Norwegian Government In Bilateral Financial Instruments In The Management Of Identified Irregularities And Not Recovered For Expenditure

Original Language Title: Kārtība, kādā sniedzami ziņojumi par Eiropas Ekonomikas zonas finanšu instrumenta un Norvēģijas valdības divpusējā finanšu instrumenta vadībā konstatētajām neatbilstībām un atgūstami neatbilstoši veiktie izdevumi

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/171998

Cabinet of Ministers Regulations No. 132 in Riga in 2008 (26 February. No 12 39) the order in which messages are to be provided on the European economic area financial instrument and the Norwegian Government in bilateral financial instruments in the management of identified irregularities and not recovered for expenditure made in accordance with the European economic area financial instrument and the Norwegian Government, the bilateral management of the financial instrument of the law article 18, paragraph 5, and article 27, second part i. General questions 1. determines the order in which reports on the European economic area financial instrument and the Norwegian Government in bilateral financial instruments (hereinafter – financial instruments) identified inconsistencies and recover the improper expenses incurred, including addressing the disputes about the payment of the financial resources allocated to or continuation of payment if an individual project or subproject is the direct beneficiary of co-financing or direct the Administration, other State authority or public person derived. 2. the managing authority, the State Agency "Central Finance and Contracting Agency (hereinafter the Agency), the payment authority, intermediary organisations and the kotāj apsaimn ensure effective internal control system to prevent or resolve the conflict in the management of financial instruments. 3. According to the calculation of the amount of expenditure and reimbursed in accordance with the grant agreement. 4. the Agency and the operator shall provide adequate recovery of the expenditure incurred. 5. the amounts indicated in the reports of the discrepancies identified and measures taken to resolve previously reported, must be expressed in the European Union's single currency, applying the management documents of financial instruments in certain currency converter. 6. the Agency and the operator does not comply to the amount of expenditure reduces the overall project, the individual programs, grant schemes, or subprojects, the amount of the eligible costs, as well as provide a record of such impairment due to release funding. II. assessment of non-compliance and reporting of non-compliance detected 7. Managing Authority, payment authority, the Agency, and the establishment of the IB niekotāj evaluates each of its (possible) found discrepancies in the management of financial instruments (hereinafter referred to as the detected non-compliance). 8. the Agency, payment authority, between the niekinstitūcij and the operator of each of its non-compliance report found leading authority in paper form and electronically report on the discrepancies identified (annex 1). The reports shall be submitted to the following time limits: 8.1. regular report on new discrepancies-each quarter to the first quarter to the last working day of the month for a period up to the end of the previous quarter, if found directly applicable European Union legislation or the legislation of the Republic of Latvia, the financial instrument for the management of documents, grant, cooperative agreement, or a breach of contract which affect or can affect individual projects, programs, grant schemes, or the implementation of sub-projects under the provisions;
8.2. instant message on discrepancies-within three working days if: 8.2.1. complaints about an action or omission that leads to the suspicion of a criminal offence (corruption, fraud, bribery, embezzlement or misappropriation of funds) management of financial instruments;
8.2.2. the co-financing of individual projects, the operator or the recipient a subproject in paid to beneficiaries of co-financing, the amount recognised as inadequate payment, is equivalent to EUR 50 000 lats or exceed it, or if the amount is not paid if the non-compliance does not open, it would be equivalent to EUR 50 000 lats or exceed them;
8.2.3. non-compliance poses an immediate threat to the success of individual projects, programs, grant schemes, or the implementation of sub-projects;
8.3. the managing authorities the requested report on the discrepancies-within 10 working days after the request of the managing authority provided that: 8.3.1 error or negligence is detected before payment and it does not create any administrative or legal consequences;
8.3.2. the co-financing of individual projects, the recipient operator or subprojects in paid to beneficiaries of co-financing, the amount recognised as inadequate payment, is less than EUR 4 000 equivalent in local currency. 9. the Agency, payment authority, between the niekinstitūcij and the operator 8. these rules and paragraph 11 of that report and a copy of the managing authority a copy of the report for its perceived inconsistencies and a copy of the report on the measures taken to resolve previously reported to submit (if applicable): 9.1 for the intermediate responsible for priority if the discrepancy is found in the individual project;
9.2. the relevant program or grant schemes and the intermediary institution of the operator, if the non-compliance found, the Pro grant scheme programme or subproject. 10. If the management of the financial instrument (for the period up to the end of the quarter) has not detected any discrepancies, the Agency, the payment authority, intermediary organisations and the establishment of the niekotāj until the next quarter the first to the last working day of the month in writing inform the managing authority. 11. the Agency, payment authority, between the niekinstitūcij and the operator shall each quarter to the first quarter to the last working day of the month for a period up to the end of the previous quarter reports to the managing authority on the measures taken to resolve previously reported (and, if there was no progress reported above resolve), submitted a report (annex 2) in paper form and electronically. 12. the managing authority shall ensure that all the agencies that assess payment authority, intermediate bodies and authorities filed reports on perceived inconsistencies and measures previously reported non-compliance, and, if necessary, proposing or carrying out controls and audits to obtain assurance about the non-compliance detection, prevention, and not according to the expenditure incurred in the recovery efficiency and adequacy of the measures. 13. the managing authority for its perceived inconsistencies and the measures taken to resolve previously reported and agency, the payment authorities, intermediate bodies and the reports submitted by the operator on the perceived inconsistencies and the measures taken to resolve previously reported, notify the Office of financial instruments the following periods of time: 13.1. each quarter to quarter in the second to the last working day of the month for a period up to the end of the previous quarter this provision in point 8.1 and 11. in the case referred to in paragraph;
13.2. within 10 working days of this rule 8.2. in the cases referred to in point;
13.3. within 15 working days after the request of the Office of financial instruments to the receipt of this rule 8.3. in the cases referred to. 14. the managing authority by the provisions referred to in paragraph 13 of the information sent to the Office of financial instruments the Agency and copy to the payment institution, as well as in writing inform the IB or the operator submitting the relevant report on the discrepancies or measures taken to resolve previously reported. 15. the managing authority to the next quarter, second to the last working day of the month shall inform the Office of the financial instruments, if the management of financial instruments (for the period up to the end of the quarter) has not detected any discrepancies. 16. in order to ensure that reports on perceived inconsistencies, the managing authority, payment authority, agency, intermediate and the operator shall ensure that the provisions of paragraph 8 of the information referred to in the records of each of its findings and the measures taken for the prevention of non-compliance. III. Inadequate recovery of expenses carried out 17. If the individual is a beneficiary of co-financing of the project directly or vicariously, the regulatory authority of the public body or other derived public person and its implementation in the individual project has been discrepancy or if the operator is implemented in the program or grant scheme is found not to match: 17.1. the Agency shall ensure appropriate expenditure carried out not deducted from the next or current reimbursement made to the State budget revenues or operator;
17.2. the Agency shall assess the costs of inadequate recovery, the efficiency and effectiveness of the process and, if the administrative and other expenditure related to inadequate recovery of the expenditure is higher than the recoverable amount, not according to the expenses incurred can be written off, if the recoverable amount is lower than 50 lats;
17.3. and it is not possible to provide inadequate recovery of the expenditure incurred pursuant to this rule and section 17.2 17.1:17.3.1. the Agency, in writing, inform the managing authority. A copy of the letter sent to the authorities, which is subordinated to the State authority is not appropriate;
17.3.2. the managing authority shall inform the Cabinet of Ministers, the national authority for the control and payment of the relevant expenditure. 18. If the recipient of the co-financing of the sub-projects, which implement the sub-project has been found in non-compliance, are the direct or direct the Administration, other State authority or public person derived:

18.1. the operator shall notify the Agency of the need to ensure not to withhold the expenditure incurred from the next or current repayment of expenditure incurred in national budget revenue;
18.2. the operator shall assess the costs of inadequate recovery, the efficiency and effectiveness of the process and, if the administrative and other expenditure related to inadequate recovery of the expenditure is higher than the recoverable amount, not according to the expenses incurred can be written off, if the recoverable amount is lower than 50 lats;
18.3. and it is not possible to provide an adequate recovery of the expenditure incurred pursuant to this provision and paragraph 18.2 18.1:18.3.1. the operator shall inform in writing the managing authority. A copy of the letter sent to the authorities, which is subordinated to the State authority is not appropriate;
18.3.2. the managing authority shall inform the Cabinet of Ministers, the national authority for the control and payment of the relevant expenditure. 19. If you have another solo project co-financing by the beneficiary that is not mentioned in paragraph 17 of these regulations, the Agency shall: provide appropriate 19.1. expenditure incurred from withholding or current reimbursement made to the individual beneficiary of co-financing of the project;
19.2. assess the costs of inadequate recovery, the efficiency and effectiveness of the process and, if the administrative and other expenditure related to inadequate recovery of the expenditure is higher than the recoverable amount, not according to the expenses incurred can be written off, if the recoverable amount is lower than 50 lats;
19.3. inform the managing authority, if it is not possible to provide an adequate recovery of the expenditure incurred pursuant to this rule 19.1 and 19.2. 20. the managing authority within seven working days following this rule 19.3. receipt of the information referred to in point from the Agency to issue administrative acts on inadequate recovery of the expenditure incurred and shall submit it to the Agency to send to the recipient. 21. the agency within three working days following that rule 20. administrative acts referred to in paragraph 1 shall draw up a letter of receipt of the administrative procedure for implementing the legislation, the term and the Treasury account number does not match any repayment of expenditure. This letter, together with the administrative provisions of the individual project co-financing, sent to the recipient. 22. If individual project co-financing by the beneficiary according to the expenses incurred can not repay the time limit specified in paragraph 21 of these rules mentioned in the letter: 22.1. individual project co-financing by the beneficiary shall inform the Agency of the need to change the execution of the administrative act deadlines;
22.2. the agency within seven working days following this rule 22.1. bottom point of receipt of the information referred to evaluate the opportunity to change the law in the execution of the administrative deadlines and three working days after the completion of the review in writing to the individual beneficiaries of co-financing of the project evaluation results. 23. where these rules 20 and 21 in accordance with the procedure laid down in point cannot be achieved without adequate recovery of expenditure incurred or it is not appropriate, the Agency shall, in accordance with the civil procedure of the European economic area financial instrument and the Norwegian Government in bilateral financial instruments management law agreed with individual beneficiaries of co-financing of the project. 24. If you have another subproject, the beneficiary of that co-financing is not mentioned in this provision in paragraph 18, the operator: 24.1. report to the Agency on the need to ensure not to withhold the expenditure incurred from the next or current repayment of expenditure incurred by beneficiaries of co-financing sub-projects;
24.2. assess the costs of inadequate recovery, the efficiency and effectiveness of the process and, if the administrative and other expenditure related to inadequate recovery of the expenditure is higher than the recoverable amount, not according to the expenses incurred can be written off, if the recoverable amount is lower than 50 lats;
15.1. If it is not possible to provide an adequate recovery of the expenditure incurred pursuant to this provision and 24.1 24.2. (a) to issue an administrative act, not according to the recovery of expenditure incurred. 25. the operator shall prepare a letter setting out the administrative procedure for implementing the legislation, the term and the Treasury account number does not match any repayment of expenditure, and with the provisions referred to in paragraph 15.1 below. administrative provisions forwarded to the recipient of the sub-projects co-financed. 26. If a beneficiary is co-financing a subproject under the expenses incurred can not repay the time limit specified in that rule 25, paragraph in the letter: 26.1. co-financing by the beneficiary of the sub-projects shall inform the operator about the need to change the execution of the administrative act deadlines;

26.2. the operator shall, within seven working days following this rule 26.1. communication of the information referred to in (a) shall consider the ability to change the execution of the administrative act deadlines and three working days after the completion of the screening shall inform beneficiaries of co-financing of a subproject of the evaluation results. 27. If this rule 24.3 and 25 points in the manner set it is not possible to provide inadequate recovery of expenditure made or is not appropriate, the establishment of the niekotāj civil procedure under the European economic area financial instrument and the Norwegian Government the bilateral management of the financial instrument agreed with the law of the requested co-funding sub-projects. 28. If the agency or operator 17.2. these provisions, 18.2, 19.2, or 24.2. bottom not referred to expenses incurred by the Agency, a copy or the operator in addition to prepare an accounting statement, which contains the date when the relevant expenditure carried out written publications. That date is deemed not appropriate for the recovery of expenditure incurred. 29. the agency or operator accounting inquiries, together with a copy of the information for this rule 17.2., 18.2, 19.2, or 24.2. not referred to the appropriate expense write-offs editions within three working days after the corresponding expenditure carried forward write-off expenses the managing authority and the paying authority, as well as provide information on the cost accounting write-off costs (storage in electronic form). 30. the agency or operator within three working days following that rule 17.1 18.1 19.1.,., and 24.1. not referred to according to actual expenditure incurred is deducted shall inform the individual beneficiaries of co-financing, the project or the bottom of co-financing the project recipient, who implemented the individual subprojects in the project or is found not to conform, as well as the managing authority and the paying authority. 31. These terms and 17.3.18.3. in the cases referred to in paragraph below about the inadequate recovery expenditure incurred shall be deemed to be the date that the managing authority shall inform the Cabinet about inappropriate expenditure. 32. This rule 19.3. and 24.3. the bottom above the inadequate reimbursement of the agency or operator shall open an account in the Treasury. Not according to the date of recovery of the expenditure incurred shall be considered the date does not match any expenditure is repaid in this account. 33. The operator shall not match any recovery of expenditure submitted to the Treasury payment order for transfer of financial resources to the Agency. 34. The Agency does not match any recovery of expenditure submitted to the Treasury payment order for the financial instrument for the transfer of funds to the State budget revenues or financial instruments to the Office and, if it is recovered the State budget financing, payment order for transfer of State budget financing of the State budget revenues. 35. the Agency and the operator according to the laws and accounting areas of recoverable and does not match any recovered costs accounting. IV. Procedures for addressing the dispute about the payment of the financial resources allocated to or continuation of payment if an individual project or subproject is the direct beneficiary of co-financing or direct the Administration, other State authority or public person derived 36. disputes about the payment of the financial resources allocated to or continuation of payment if an individual project or subproject is the direct beneficiary of co-financing or direct the Administration, other State authority or public person derived that deal, negotiated by mutual agreement between the parties, and the agreement be in writing. 37. If a negotiated mutual agreement cannot be reached, the agency or the operator shall inform the individual in writing of the co-financing of a project or subproject is the highest authority of the beneficiary. 38. The Supreme authority, pursuant to the public administration facilities statutory order, within 10 working days of the decision of the authority, subordination, addressing the dispute about the payment of the financial resources allocated to or continuation of payment. The decision taken by the higher authority shall immediately inform the agency or operator. 39. If the agency or operator does not agree with the decision of higher authorities, they shall inform the managing authority for disputes in which the negotiation is not a mutually agreed. 40. the managing authority shall inform in writing the Cabinet and State control on disputes relating to the payment of the financial resources allocated to or continuation of payment and which cannot be settled through negotiation. The Prime Minister's site-traffic Minister a. shlesers Finance Minister a. Slakter annex 1 by Cabinet on 26 February 2008. Regulations No 132 Finance Minister a. Slakter annex 2 by Cabinet on 26 February 2008. Regulations No 132 Finance Minister a. Slakter States