The Order In Which The Managing Authority, Certifying Authority, Liaison Body Or Authority Responsible For The Controls To Be Carried Out For The European Union Structural Funds And The Cohesion Fund For The Implementation Of The Project Site

Original Language Title: Kārtība, kādā vadošā iestāde, sertifikācijas iestāde, sadarbības iestāde vai atbildīgā iestāde veic pārbaudi Eiropas Savienības struktūrfondu un Kohēzijas fonda finansētā projekta īstenošanas vietā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/159638

Cabinet of Ministers Regulations No. 440 in Riga in 2007 (26 June. No 37 41) order in which the managing authority, certifying authority, liaison body or authority responsible for the controls to be carried out for the European Union structural funds and the Cohesion Fund in the project site were issued under the European Union's structural funds and the cohesion fund management law, article 18, paragraph 5 1. determines the order in which the managing authority, certifying authority, liaison body or the competent authority shall carry out random checks in the European Union's structural funds and the cohesion fund the project site (hereinafter referred to as the test site for the project).
2. Check the project site carried out liaison body or authority.
3. Check the project site have the right to propose and carry out the managing authority and certifying authority.
4. The managing authority shall have the right to participate in the examination of the project carried out at the place of this provision in paragraph 2 of the said authorities.
5. the audit authority shall be entitled to participate in the examination of the project carried out at the place of this provision in paragraph 2 and 3 of that authority.
6. the managing authority, certifying authority, liaison body or responsible authority develop and approve internal regulations, which determines the order in which checks the project site.
7. the cooperation of the authority or responsible authority plan for the year on the European Union's structural funds and the Cohesion Fund (hereinafter referred to as the Foundation of the European Union) project checks the project site (hereinafter referred to as the inspection plan) and the information for all the institutions of cooperation or responsible authorities administer the funds of the European Union project risk assessments (risk assessment) to the January 30, prepare, approve and submit to the leading authority, but said copies of the documents submitted to the certifying authority and audit authority.
8. The liaison body or authority responsible for the inspection of each project plan shall include the following information: 8.1 if the beneficiary of the financing of the Fund concluded the civil agreement (hereinafter Agreement) or the agreement on the European Union's implementation of a project of the Fund (hereinafter referred to as the agreement), the contract or agreement number and the date of entry into force;
8.2. the project number;
8.3. European Union fund beneficiary name;
8.4. the month, in which to carry out the project;
8.5. time when to carry out the project (before the conclusion of the contract or agreement, or during the implementation of the project after the final payment from the Fund of the European Union to the recipient the project).
9. The liaison body or authority responsible for risk assessment shall include the following information: 9.1 if the European Union Fund for the beneficiary of the financing contract or agreement, the contract or agreement number and the date of entry into force;
9.2. the project number;
9.3. the European Union will fund the beneficiary's name;
9.4. the assessment of risk levels (high, medium, or low).
10. The liaison body or authority, if necessary, but not less frequently than every six months, the updated risk assessments and inspection plans, and two weeks after the approval of the plan submitted to the inspection body, the lead but that copies of documents-certification authority and the audit authority.
11. The liaison body or responsible authority, when carrying out risk assessments take into account at least the following criteria: 11.1. European Union fund the degree of complexity of the project;
11.2. European Union Fund for project selection;
11.3. the Foundation of the European Union the total eligible expenditure of the project;
11.4. the beneficiaries of the Fund.
12. Five working days before the scheduled examination of the implementation of the project (excluding this provision in paragraph 13 and 14 checks referred to) the liaison body or competent authority shall inform the European Union of the beneficiary of the Fund.
13. cooperation authority or the competent authority has the right to carry out the project site before the conclusion of the contract or agreement with the European Union, the beneficiary of the financing by the Fund to ascertain the actual Foundation of the European Union the implementation of the project. The authority concerned at least three working days in advance of that of the European Union informed the beneficiary of the financing of the Fund.
14. cooperation authority or responsible authority is the right to fund the European Union without informing the beneficiaries of the project site to ensure that the European Union will fund beneficiaries participate in or organise project training or entertainment activities.
15. Five working days before the scheduled test in place of the project managing authority or certifying authority shall inform the European Union of the beneficiaries of the Fund, authority or institution and this provision in paragraph 3 and 5 of that institution.
16. the cooperation of the authority or responsible authority carries out inspection of the project to ensure that the funds of the European Union project is implemented in accordance with the agreement or arrangement and the expenses qualifying for reimbursement from the Fund of the European Union, are actually carried out and are applicable to the financing of the Fund from the European Union, as well as check that: 16.1 the European Union funds the beneficiary shall ensure that the appropriate legislation on legal persons Archive document storage , records maintenance and use, as well as under the European Union's structural funds and the cohesion fund management law, the following are stored with the Foundation of the European Union project related documents and their derivatives with the original legal effect: 16.1.1. European Union Fund for project submissions and any fund of the European Union the list of the documents related to the project;
16.1.2. the procurement documentation, including the procurement Commission minutes of meetings, decisions, evaluation reports, informational notices, tenders submitted by tenderers;
16.1.3. the funds of the European Union project agreements;
16.1.4. performed, services delivery and supporting documents, including the acceptance and transfer of the Bill of lading, invoice, packing slip by-State revenue service assigned numbers to invoices;
16.1.5. the payments of supporting documents, including payment orders, bank account statements or treasury account printouts of transactions;
16.2. the funds of the European Union within the framework of the project, delivery, payment and services provided meet the European Union foreseen in the project of the Foundation, including checks: 16.2.1. work or supply is made or the services are performed in accordance with European Union fund account and executing contracts;
16.2.2. payments to meet the performers ' contracts, the works, supplies and services, and the recipient of the funding is appropriate justification documents;
16.2.3. is respected in public procurement, State aid and environmental protection requirements and the principle of gender equality;
16.3. in accordance with the conditions of implementation of the project activities eligible publications are not included in the European Union of the beneficiaries of the Fund operating expenses or other European Community or State or municipal projects co-financed expenditure, thus avoiding double financing and providing the actual implementation of the project related to the reimbursement of expenses;
16.4. the requirements laid down in the legislation of European Union fund publicity and visual identity.
17. The liaison body or authority, based on the Foundation of the European Union carried out a risk assessment of the project, after the conclusion of the contract or agreement with the European Union fund beneficiary checks out the project location: 17.1. at least once a year, high risk projects and major projects;
17.2. at least once during project implementation medium risk projects;
17.3. were randomly selected at random for low risk projects, ensuring that each project can be selected for inspection.
18. where the European Union fund beneficiary more than one relevant cooperation bodies or authorities in the European Union funds projects, liaison body or the competent authority may only take one European Union funds examination project site, unless they are high risk projects, or large projects.
19. the cooperation of the authority or responsible authority uses on the basis of the results of the risk assessment carried out by planning the European Union fund management and control system and the efficiency of compliance audit.
20. the managing authority and the certifying authority shall use the results of the checks carried out, the European Union's plan to fund systems of management and control and efficiency of compliance audit.
21. the audit authority shall use the managing authority and the certifying authority the results of the checks carried out, the European Union's plan to fund systems of management and control compliance and audit the effectiveness or the expense of random checks.

22. The liaison body or competent authority within five years, but no earlier than the second year after the last payment is made the European Union fund beneficiary checks out the project location: 22.1. low and medium risk projects-random;
22.2. high risk projects and major projects – not less frequently than every five years.
23. This provision, paragraph 22, liaison body or the competent authority shall verify that: 23.1. after receipt of the EU funding to fund the beneficiary uses European Union funds to the project, the results achieved by the Foundation of the European Union in the space provided on the project and the project of the Foundation of the European Union planned to carry out the activity, in so far as it is possible to check;
23.2. beneficiary of the Fund provides all the funds of the European Union the implementation of the project and this provision seeks to clouded 16.1. the document referred to in the original or derivatives thereof with legal effect until 2021 storage December 31;
23.3. assets produced or procured, in whole or in part using European Union funding, the Fund is in place, the project is not seized or otherwise scrapped five years following the last payment from the Fund of the European Union to the recipient on the project concerned;
23.4. the Foundation of the European Union implemented the project would create value and the results are used in accordance with the approved Fund of the European Union in the application of the project objectives.
24. cooperation authority or responsible authority 20 working days of the Foundation of the European Union shall inform the beneficiaries of the checks being carried out at the place of implementation of the project and its results.
25. cooperation authority or responsible authority carries out re-inspection of the project site, where a previous investigation found, derogations from this provision in paragraph 16 and 23 said conditions and re-examination is required to verify the correction of deficiencies.
26. If the test project place is found not to conform, the managing authority, the certifying authority and the liaison body or the competent authority shall notify the laws and regulations specified in the order, a report on the implementation of the funds of the European Union in the perceived discrepancies, accept the Board's decision on the use of funding granted and recover the irrelevant.
27. the managing authority, the certifying authority and the liaison body or the competent authority fills in the details check sheet and draw up reports on the progress of inspections, document the results and actions to be taken to eliminate deviations from this rule 16 and 23 the conditions referred to in paragraph (if found), as well as provide a record of the checks carried out.
28. The liaison body or competent authority four times a year – up to 1 February, 1 may, 1 august and 1 November – the Managing Authority submitted a report of all the projects, carried out by the relevant authority in the previous quarter and their results. A copy of the report submitted to the certifying authority and audit authority.
29. in paragraph 28 of these terms in this report include the following: 29.1. European Union Fund for the beneficiary of the financing contract (if it is concluded) number;
29.2. project number;
29.3. the date of the inspection;
29.4. the European Union will fund the beneficiary's name;
29.5. the examiner (and by whom);
18.4. If examination of the implementation of the project site has taken place after the payment of the funds of the European Union, in addition to the recipient of funding, whether it had advance, interim or final payments;
18.5. the test results (negative, with objections, positive);
29.8. examination identified deviations from this rule 16 and 23 points in those conditions, deadlines and the proposals on prevention, if the test result is negative or with the opposition.
30. The provision referred to in paragraph 28 of the report on major projects include the provision of the information referred to in paragraph 29 and the relevant activities carried out during the test, as well as the description of the submitted copies of inspection reports.
31. the managing authority or certifying authority 20 working days of the checks being carried out at the place of implementation of the project and its results will inform the Union fund beneficiary, the responsible institution and liaison body, as well as the provisions in paragraph 3 and 5 of that institution.
Prime Minister a. Halloween Minister with special responsibility for European Union funds learning matters n. Brok Editorial Note: the entry into force of the provisions by 30 June 2007.