The Order In Which Reports On The European Union's Structural And Cohesion Funds In The Implementation Of The Identified Discrepancies, Accept The Board's Decision On The Use Of Funding Granted And Recover The Irrelevant Costs

Original Language Title: Kārtība, kādā ziņo par Eiropas Savienības struktūrfondu un Kohēzijas fonda ieviešanā konstatētajām neatbilstībām, pieņem pārvaldes lēmumu par piešķirtā finansējuma izlietojumu un atgūst neatbilstošos izdevumus

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/160678

Cabinet of Ministers Regulations No. 500 in Riga on July 17, 2007 (pr. No 41 32) procedures for reporting on the European Union's structural and cohesion funds in the implementation of the identified discrepancies, accept the Board's decision on the use of funding granted and recover the irrelevant costs issued under the European Union's structural funds and the cohesion fund management law, article 18, paragraph 3 i. General questions 1. determines the order in which the report on the European Union's structural funds and the Cohesion Fund (hereinafter referred to as the Foundation of the European Union) project (the project) in the implementation of the identified discrepancies be adopted by the Board's decision on the use of funding granted and recover the irrelevant. 2. Non-compliance with this provision, within the meaning of any European Union fund management in the Republic of Latvia regulatory or European Union law violation, the managing authority, the audit authority, certification authority, payment authority, the responsible authority or authorities of the European Union or the beneficiary of the Fund (hereinafter referred to as the beneficiary) the Act or omission which has or could have a negative impact on the general budget of the European communities. II. assessment of non-compliance and reporting of non-compliance found, 3. the managing authority, the audit authority, certification authority, payment authority, the responsible authority and the liaison body shall assess each of its possible non-compliance found. 4. the managing authority, the audit authority, certification authority, payment authority, the responsible authority and cooperation authority quarterly report on non-compliance with the European Union in the implementation of the Fund in accordance with the Commission on 8 December 2006, Regulation (EC) no 1828/2006 laying down provisions for the implementation of Council Regulation (EC) No 1083/2006 laying down general provisions on the European regional development fund, the European Social Fund and the Cohesion Fund and European Parliament and Council Regulation (EC) No 1080/2006 on the European regional development fund section 4 of article 28, paragraph 1 of article 29 and article 30 (1) of the Regulation (annex) (quarterly report) informed of: 4.1, which total amount in dollars by applying the monthly Commission rate in accordance with the Council of 11 July 2006, Regulation No 1083/2006 laying down general provisions on the European regional development fund The European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (hereinafter referred to as the Council Regulation (EC) No 1083/2006) Article 81, paragraph 3 is equivalent to 10000 euro or more on it, if the expenses are reimbursed to the beneficiary, and later found to be relevant to your expenses (further-not made);
4.2. non-compliance with a total amount in dollars by applying the monthly Commission rate in accordance with Council Regulation (EC) No 1083/2006, article 81 (3), is less than 10000 euro equivalent, where non-compliance persists in a particular project and are repaid not made;
4.3. systemic inconsistencies that may arise in the implementation of other projects;
4.4. suspected fraud or organised crime;
4.5. non-compliance, which is a reasonable suspicion that they are involved in the creation of a foreign legal or natural persons;
4.6. the non-compliance, in accordance with the quarterly report applicant information occurred, using methods that have not previously observed 5. Managing Authority, the audit authority, the certification authority and payment authority in two weeks time after the project of non-compliances that total amount in dollars, European Commission the monthly exchange rates in accordance with Council Regulation (EC) No 1083/2006, article 81 (3), is less than 10000 euro equivalent If the beneficiary has not reimbursed for expenditure, shall inform the institution or body that cooperation with the beneficiaries of the civil contract entered into, or implementation of the project agreement (hereinafter Contracting), and also indicate the project number and name, contract number, expenditure heading, not according to the amount of the expenditure incurred (including the European Union to apply to the Fund and public funding) and in accordance with the provisions of section 3.2 of the annex describes the activities that caused the discrepancy. The contractor, taking into account the additional information available to assess the information received by the institution on its found. If the case is not considered to be non-compliant, then in the event of non-compliance is considered closed and the contractor for the two weeks following the receipt of the information shall inform the applicant. 6. If the contracting authority is not responsible, it shall inform the liaison body according to the provisions of paragraph 5. 7. the contractor may not report the managing authority for the non-compliance found that voluntarily report to the beneficiary, if the inconsistency is not detected by the managing authority, the audit authority, certification authority, payment authority, the responsible authority, the authority, the European Commission, the national audit office or other body that carries out the Foundation of the European Union project checking, and if non-compliance is inevitable, as well as is possible without adequate recovery of the expenditure incurred. 8. This provision (4) in the cases referred to in the audit authority, certification authority, payment authority, the responsible authority and the liaison body according to the provisions of paragraph 7 of the non-compliance of every report, the managing authority shall submit an initial quarterly report in paper form and electronically or electronically only if the digital signature is applied (copy to a certifying authority and an audit authority, as well as the relevant contracting entity) the following periods of time: 8.1 for the current year quarter I-until May 1 of the current year;
8.2. for the current year quarter II-by 1 august of the current year;
8.3. for the current year quarter III-1 for the year to November;
5.2. for the current year quarter IV-until next February 1;
8.5. for this rule 4.5 or 4.6. bottom of the non-compliance referred to in point-within three working days after the determination of non-compliance. 9. If the managing authority establishes non-compliance, referred to in paragraph 4 of this rule, the provisions of this paragraph 8 deadline referred to in the relevant contracting entity shall submit quarterly reports (copy sent to the certifying authority and the audit authority). 10. the contractor shall evaluate the managing authority, the audit authority, the certifying authority and payment authority submitted the initial quarterly report includes information about each of the non-compliance found and, taking into account the additional information available, within two weeks of receipt of the information shall inform the managing authority and the initial quarterly report the applicant that: 10.1 case does not constitute non-compliance and non-compliance will be considered closed;
10.2. This provision applies to paragraph 7, whereby the contractor will not report on non-compliance under paragraph 14 of these rules. 11. the managing authority, the audit authority, certification authority, payment authority, the responsible authority and cooperation authority provides information to keep records for each of the non-compliance, which it found in the 2007-2013 programming period. 12. the managing authority shall have the right to request an audit authority, certification authority, payment authority, the responsible authority and the liaison body within seven working days of the paper and the electronic form or by electronic means only if the digital signature is applied, shall submit the accumulated this provision referred to in paragraph 11 for information on all the 2007-2013 programming period up to the time of enquiry identified discrepancies. 13. If the quarter is not found in non-compliance, the audit authority, certification authority, payment authority, the responsible authority and the liaison body, this provision limits referred to in paragraph 8 in writing inform the managing authority, but the contractor shall inform the certification authority and the audit authority. 14. Parties this provision within the time limits referred to in paragraph 8 is in paper form and electronically or electronically only if the digital signature is applied, shall submit to the managing body updated quarterly report (copy to certifying authority and audit authority, as well as the original quarterly report to the applicant) in the following cases: 14.1 the contracting and managing the prepared body quarterly reports submitted, does not mention all the information listed in the annex to the provisions, or it is necessary to update and supplement;
14.2. the audit authority, the certification authority or the payment authority has submitted to the managing body of the initial quarterly report, and does not apply this provision, paragraph 7;

14.3. managing authority paragraph 9 of these regulations set out in the relevant contracting has been informed, and this provision is not applicable in paragraph 7. 15. If any of the parties, on the basis of the opinion of the law enforcement authority or performing additional verification measures, or given other European Union measures for the management of the Fund or to obtain additional information, considers the relevant quarterly reports of non-compliance referred to in the case as closed, the contractor will inform the managing authority, a certifying authority and an audit authority in the final quarterly report. The final quarterly report indicates the reasons for non-compliance will be considered closed. 16. the managing authority shall ensure that all certifying authority, payment authority, audit authority, responsible authorities and cooperation agencies submit quarterly reports and a leading authority in the evaluation of other information as well as, if necessary, proposing or carrying out controls and audits, in order to gain the confidence of the non-compliance of detection, prevention and not according to the expenditure incurred in the recovery efficiency and adequacy of the measures, as well as propose additional measures of control and audit certification authority , payment authority, the audit authority, the body responsible for cooperation, institution or to the beneficiary. 17. the managing authority shall inform the Ministry of finance, for which non-compliance be submitted quarterly reports to the European Commission and the European anti-fraud Office. 18. The Ministry of Finance on a quarterly report sent to the European Commission and the European anti-fraud Office shall inform the managing authority. 19. the managing authority for the Finance Ministry sent a report to the European Commission and the European anti-fraud Office shall inform the certification body, paying authority and the audit authority, as well as contracting, which prepared the quarterly report, and the authority in accordance with the provisions of paragraph 8 of the initial quarterly report prepared. III. Inadequate recovery of expenses carried out, if the beneficiary is direct or mediated by the national regulatory authority, the derived public person, or other public authority 20. If the beneficiary which implemented project has been discrepancy (regardless of the amount of funding) are direct or in direct public administration, derived public person or another public authority (hereinafter referred to as the public authority), the contractor: 20.1. If possible, on the basis of the agreement on the European Union's implementation of the project, the Foundation provides an appropriate expenditure of the withholding of the next or current repayment of expenditure incurred in the beneficiary or the State budget revenue;
20.2. 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 on the basis of the agreement on the Foundation of the European Union, the implementation of the project can be done according to the write-off of the expenditure incurred, where recoverable amount per project for one case of non-compliance not exceeding 50 lats;
20.3. If it is not possible to provide an adequate recovery of the expenditure incurred pursuant to this rule and section 20.2 20.1.: 20.3.1. the contracting of it in paper form and electronically or electronically only if the digital signature is applied, it shall inform the managing authority shall submit a quarterly report on non-compliance (with a copy to the appropriate expenditure not taken national authorities the driver of higher authority);
20.3.2. the managing authority shall inform in writing the Cabinet and State control of inappropriate expenditure (point Fund operational programmes, priorities, measures, activities and projects of the apakšaktivitāt number and name, not the overall total and its breakdown by source of funds). 21. If the contractor performs this rule 20.2. not referred to the appropriate expense write-offs, the contractor in addition to prepare 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. 22. the contractor accounting inquiries, together with a copy of the information for this rule 20.2. not referred to the appropriate expense write-off expenses (indicate the Fund operational programmes, priorities, measures, activities and projects of the apakšaktivitāt number and name, not the overall total and its breakdown by source of funds) within three working days after the corresponding expenditure carried forward write-off expenses of the Ministry of finance, the managing authority, certifying authority, audit authority and payment authority as well as providing information on the cost accounting write-off costs (storage in electronic form). 23. the contractor within three working days following that rule 20.1. not referred to according to actual expenditure incurred is deducted shall inform the beneficiaries that implement project has been discrepancy, as well as the certification authority, payment authority, the audit authority and the managing authority. 24. This rule 20.3. in the cases referred to in the relevant recovery expenditure incurred shall be deemed to be the date that the managing authority shall inform the Cabinet about inappropriate expenditure. IV. the inadequate recovery of expenses, if the beneficiary is not a public authority 25. If the beneficiary which implemented project has been discrepancy (regardless of the amount of funding), there is no national authority, contractor: 25.1. If possible, based on the conclusion of the civil provisions of the Treaty on European Union Fund for implementing the project, less the relevant expenses incurred from the next or current beneficiary of the payment for which the three working days after the actual is deducted shall inform the beneficiary of the financing;
25.2. assess the costs of inadequate recovery process efficiency and effectiveness. If recoverable amount per project for one case of non-compliance not exceeding 50 dollars and administrative and other expenditure related to inadequate recovery of the expenditure is higher than the recoverable amount, the contractor on the basis of the conclusion of the civil provisions of the Treaty on European Union Fund for implementing the project, not according to the expenses incurred can write off expenses and three working days after the flushing shall inform the beneficiary of the financing;
25.3. If it is not possible to provide an adequate recovery of the expenditure incurred pursuant to this provision and paragraph 25.2 25.1., the contractor agreed with the beneficiary of the financing civil order under the European Union's structural funds and the Cohesion Fund Management Act or adopt administrative expenditure incurred for inadequate recovery and three working days it along with a warning about enforcement by the beneficiary (the administrative act and a copy of the notice sent to the managing authority , the audit authority, the certification authority and payment authority). 26. If the contractor accepts this rule 25.3. administrative provisions referred to in (a) and not the beneficiaries according to the expenses incurred can not repay this rule 25.3. referred to in subparagraph within the time limit set in the notice: 26.1. the beneficiary shall inform the contractor in writing, who issued the administrative act, about the need to change the alarm time set.
26.2. the contractor shall assess the information submitted and, if necessary, within seven working days after its receipt is issued a new alert for the administrative enforcement of the Act;

26.3. the contractor within three working days after the issue of a new alert on the administrative enforcement of the Act to send the funds to the recipient. A copy shall be sent to the managing authority, the audit authority, the certification authority and payment authority. 27. the contractor within three working days following that rule 25.1. not referred to according to actual expenditure incurred is deducted from the next or current payment or 25.2. these provisions are not referred to the appropriate expense write-off shall inform the managing authority, the audit authority, the certification authority and payment authority. 28. If the contractor that rule 25.2. inadequate referred expenses incurred expenditure contracting scrapped prepares 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. The contracting out of these provisions in paragraphs 21 and 22. 29. the inadequate reimbursement of the Contracting State of which the account is opened. 30. the contractor shall ensure that the beneficiary does not pay off the contractor according to the expenses incurred in paragraph 29 of these rules in that account. 31. the inadequate recovery expenditure incurred shall be deemed to be the date that does not match any expenditure is repaid this provision referred to in paragraph 29. 32. the contracting authority shall submit the payment payment order for reclaimed European Union funds and the State budget over funding for the census the State budget revenue in the five working days following the transfer of funds in these rules referred to in paragraph 29. Payment institution provides the payment order execution within three working days after receipt of the payment order. Payment institution provides the recovered fund European Union funding amounts in the European Union accounting of the Fund account. 33. The payment authority to the third working day of the year to inform the public of the contracting of budget revenue account refundable recoveries. If changes are made to the State budget revenue account details, payment authority within three working days, inform the contractor. V. the relevant expenditure accounts 34. Contractor information about inadequate recovery of expenditure incurred after this rule electronically accumulated 20.25. the operations referred to in paragraph 1. 35. the contractor according to the laws and accounting areas of recoverable and does not match any recovered costs accounting and 10 working days after the corresponding reimbursement made shall inform the certifying authority, audit authority, managing authority, and the Ministry of finance. 36. The certification authority lists and recoveries not recover expenses incurred and shall report to the European Commission under European Union legislation on European Union fund management and control. Vi. Closing questions 37. Sums recovered shall be translated into euro at the European Union law requirements on arrangements for using the euro for the European Union for the purposes of the budgetary management of the Fund. 38. the contractor does not comply to the amount of expenditure reduces the total amount of the eligible costs of the project as well as provide a record of such impairment due to release funding. 39. the contractor shall not perform the recovery of the expenditure. 40. If a beneficiary who is not a public authority, within the framework of the project in addition to the funds of the European Union and the State budget receive commercial support from local government funds: 24.9. the contractor within five working days after the determination of non-compliance or the receipt of quarterly reports inform the authorities concerned, sending copies of the quarterly reports;
40.2. the Government provides adequate funding for the costs of recovery of part of the local government and within five working days after the inappropriate expenditure of the local part of the transfer of funding to the municipal budget revenue shall inform the contractor. 41. the competent authority or authorities shall be entitled to use not according to the recovered amount of expenditure in accordance with Council Regulation (EC) No 1083/2006 article 98. 42. If an expenditure is made according to the European Commission to be repaid, the payment authority, on the basis of an order of the Cabinet of Ministers, released financial resources from the European Commission, the Ministry of finance budget sub 41.08.00 "funding policy instruments of the European Union and other foreign financial assistance and projects co-financed measures" means. Prime Minister-Defense Minister a. Slakter a Minister with special responsibility for European Union funds learning matters Brok Annex N. Cabinet of Ministers of 17 July 2007, regulations no 500 Minister with special responsibility for the acquisition of funds from the European Union's Affairs n. Brok