The Order In Which The European Union's Structural And Cohesion Funds In The Participating Institutions Provide The Planning Document Preparation And Implementation Of These Funds

Original Language Title: Kārtība, kādā Eiropas Savienības struktūrfondu un Kohēzijas fonda vadībā iesaistītās institūcijas nodrošina plānošanas dokumentu sagatavošanu un šo fondu ieviešanu

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/159648

Cabinet of Ministers Regulations No. 419 in 2007 (26 June. No 37 § 4) the order in which the European Union's structural and cohesion funds in the participating institutions provide the planning document preparation and implementation of these funds Issued under the European Union's structural funds and the cohesion fund management law, article 7, article 14, first subparagraph, and article 18, paragraph 1 (I). General questions 1. rules on horizontal policy coordination authorities and the order in which European Union structural funds and the Cohesion Fund (hereinafter referred to as the Foundation of the European Union), the participating institutions shall ensure the preparation of the programming documents and the introduction of the Fund including the acquisition of documentation and procurement procedures for random pre-verification.
2. Intermediate functions provide: 2.1. the competent authorities of the following: 2.1.1. Ministry of the economy;
2.1.2. The Ministry of finance;
2.1.3. The Ministry of education and science;
2.1.4. Special task Minister for electronic Government Affairs Secretariat;
2.1.5. The Ministry of culture;
2.1.6. The Ministry of welfare;
2.1.7. Regional development and local government Ministry;
2.1.8. the Ministry of transport;
2.1.9. the State Chancellery;
2.1.10. The Ministry of health;
2.1.11. The Ministry of the environment;
2.2. the authorities of such cooperation: 2.2.1. Central Finance and contracting agency;
2.2.2. The investment and development agency of Latvia;
2.2.3. the housing agency;
2.2.4. the State employment agency;
2.2.5. The national education development agency;
2.2.6. The society integration fund;
2.2.7. the State regional development agency;
2.2.8. the health statistics and medical technologies State Agency.
3. For horizontal policy coordination (preparation of the opinion on the European Union's Fund planning documents and draft legislation of the European Union funds, participation in the preparation of the annual report on the implementation of the operational programme, the funds of the European Union project to the selection of the required application information) is responsible for the following institutions: 3.1 the Ministry of welfare, on horizontal policies of equal opportunities gender equality, disability and aging issues;
3.2. Special task Minister for electronic Government Affairs Secretariat – on horizontal policy of the information society;
3.3. Regional development and Municipal Affairs Ministry – on the territory of the balanced development of the horizontal policy and Riga International to compete abilities horizontal policies;
3.4. the Ministry of the environment – on horizontal sustainable development policy environmental matters;
3.5. The Ministry of finance, the macroeconomic stability of horizontal policy.
4. the beneficiary of the Fund (hereinafter referred to as the beneficiary) can implement the project of the Foundation of the European Union, in cooperation with the institution, which has fulfilled the following conditions: 4.1 comply with the requirements specified in the appendix to the operational programme in the European Union or at the bottom of the activity of the Fund activities (hereinafter referred to as the activity) the procedures for the exercise of certain partners;
4.2 engaging the European Union funds the project with its owned or owned property, intellectual property, finance or human resources;
4.3. Fund of the European Union during project implementation and then making any material or non-material benefits.
5. the European Union will fund the project (except for large projects) the costs incurred can be considered eligible, after the entry into force of the procedure for implementing the action programmes referred to in the appendix to activity (hereinafter referred to as the procedures for the exercise of the activity). The procedures for the exercise of the activity determines the project assessment criteria application, project requirements for applicants, the responsible authority and the liaison body, the distribution of competence, cooperation and functional form of subordination, as well as the European Union funds the project submission information to be provided in accordance with these rules 1, 2 and 3 of the annex. The procedures for the exercise of the activity before the entry into force, but not earlier than the 2006 24 October for eligible costs can be considered to be associated with the Foundation of the European Union project supporting the application and preparation of documentation for submission to the responsible body or institution, to be able to take a decision on the application of the project approval, if such costs shall comply with the procedures for the exercise of the activity requirements. Large project costs incurred can be considered eligible with 24 October 2006, if they comply with the procedures for the exercise of the activity requirements.
II. European Union funds planning documents preparation, approval and amendment of the managing authority, in cooperation with the European Union fund management institutions involved in elaborate and submit to the Minister in the Cabinet of national strategic frameworks and operational programmes.
7. the managing authority shall ensure representation in negotiations with the European Commission on the national strategic reference framework and the approval of the operational programme.
8. Amendments to the national strategic reference framework and the operational programmes shall be the following: 8.1 the members of the Monitoring Committee shall prepare and submit to the Secretariat of the Monitoring Committee proposals for the necessary amendments;
8.2. the Supervisory Committee shall prepare and submit to the Secretariat of the Monitoring Committee, the draft amendments to the adoption of the decision;
8.3. If the Monitoring Committee supports the amendment, the managing authority shall submit the draft amendments to the Cabinet of Ministers;
8.4. by Cabinet of Ministers decision on the approval of amendments to the managing authority shall submit the draft amendments for approval by the European Commission;
8.5. the managing authority within 10 working days of the receipt of the decision of the European Commission to inform the members of the Monitoring Committee.
9. the managing authority, in cooperation with the management of the structural funds of the European Union institutions involved in the development and coordination of the Monitoring Committee submitted in addition to the operational programme. Concerted action programme complement the managing authority shall submit for approval to the Cabinet.
10. Amendments to the appendix to the operational programme shall be amended as follows: 10.1. members of the Monitoring Committee shall prepare and submit to the Secretariat of the Monitoring Committee proposals for the necessary amendments;
10.2. the Secretariat of the Monitoring Committee shall prepare and submit a draft amendment to the Monitoring Committee;
10.3. If the Monitoring Committee supports the amendment, the managing authority shall submit the draft amendments to the Cabinet of Ministers for approval;
10.4. If the Cabinet does not approve the Monitoring Committee supported the draft amendments or propose such revisions in the Appendix of the operational programme, which is not supported in this by the Monitoring Committee rule 10.1. and 10.2., 10.3. the order referred to, the Managing Authority proposes to defer the examination of the question and the Cabinet of Ministers shall inform the Supervisory Committee of the Cabinet's decision not to approve the draft amendments to or supported the Cabinet's proposed clarifications;
10.5. the managing authority within 10 working days after the Cabinet decision, inform the members of the Monitoring Committee.
III. the European Union will fund the project application selection 11. European Union Fund for project submissions in the following order: select 11.1 if the selection is limited, the responsible authority or the authority sends the call for the European Union funds the project application to the limited funds of the European Union project of the applicant according to the procedures for the exercise of the activity;
11.2. the open selection of the responsible authority or the authority not earlier than one month after the launch activities of the implementing rules entered into force;
11.3. the competent authority or body of the European Union funds the project application for the evaluation of the Commission separately for each activity of the Foundation of the European Union;
11.4. the competent authority or authorities shall develop, approve and place your website on the internet in European Union funds to the project application selection and evaluation procedures, as well as the application form for the evaluation of projects;
11.5. the competent authority or body of the European Union assess the project submissions of the Fund according to fund the European Union's draft application evaluation criteria;
11.6. the responsible authorities or the head of the liaison bodies shall take a decision on the project of the Foundation of the European Union's approval or rejection of the application, and five working days inform the Foundation of the European Union project.
12. If the responsible authority or the authority has available financial resources of the civil law of the Treaty on European Union on the implementation of the project of the Fund (hereinafter referred to as the agreement) or the agreement on the Foundation of the European Union the implementation of the project (hereinafter referred to as the agreement) commitments, the beneficiary of the financing contract or arrangement within 30 working days of the following: 12.1. a decision on the project of the Foundation of the European Union's approval of the application, if the decision does not contain conditions;

12.2. the decision on the Foundation of the European Union on the approval of the project application to the specified conditions (even after the Foundation of the European Union project, the specified in accordance with paragraph 14 of these rules), if the conditions are included in the decision.
13. If the responsible authority or the authority not available financial resources or agreements of the Treaty obligations and with the beneficiary of the financing is not possible to enter into a contract or agreement to 30 working days (this provision, paragraph 12), the responsible authority or the authority of the cooperation agreement is concluded or within five working days after it becomes available financial resources.
14. After the adoption of the decision on the Foundation of the European Union on the approval of the project application, but before the conclusion of the contract or arrangement, the beneficiary may request a competent authority or institution of cooperation clarifying the European Union fund project contact information specified in the application or information about bank properties, as well as the Foundation of the European Union at the time of the implementation of the project or the cost of programming over the years. Adjustments shall be made in the following order: 14.1. beneficiary of the necessary clarifications shall inform the authority, which has taken a decision on the project of the Foundation of the European Union's approval of the application;
14.2. this rule 14.1. the authority referred to in subparagraph shall take a decision on the draft European Union funds and the clarification of the application within 10 working days inform the beneficiary of the financing;
14.3. If this rule 14.2. referred to in the decision is positive, the beneficiary of the funds of the European Union specified the application shall be submitted to the responsible authority for the project or institution or agreement for the conclusion of the contract.
IV. Major project approval 15. Responsible authorities or bodies for cooperation leader within 15 working days after the receipt of a large project shall take a decision on the application of the project in compliance with large or non-compliance with European Union fund project application evaluation criteria.
16. If the responsible authority or authorities the driver shall take a decision on the application of the project in compliance with the large European Union fund project application evaluation criteria, the competent body or authority shall submit an application to a large project leading body.
17. the managing authority within 10 working days of the submission of the project under the great.
18. If a managing authority within the large project application, the competent authority or body within 10 working days of the receipt of the decision of the managing authority provides great clarification of the application of the project in accordance with the comments and the managing authority shall submit to the institution the lead again.
19. On the application of project coordination the managing authority shall be submitted to the European Commission.
20. the competent authority or body within 30 working days of the adoption of a decision of the European Commission with the beneficiary of the financing contract or agreement for a large project. The contract or agreement shall also include the date on which the costs considered eligible.
21. the European Commission's decision amendments be made in the project in great order that confirms the great project.
22. If the European Union funds the project initially approved costs rise above a large minimum financial volume of the project, the beneficiary shall amend the draft European Union funds and directed it for approval this provision in accordance with the procedure laid down in chapter IV.
V. amendments to the project of the Foundation of the European Union 23. If, after conclusion of the contract or the agreement to fund the European Union required amendments to the project, the beneficiary shall submit a request for amendment to the responsible body or institution of cooperation, with which a contract or an agreement.
24. If you changed the beneficiary base data (contact information and bank details), the responsible authority or the authority of the notification shall be made pursuant to an agreement or arrangement.
25. If the information has changed, which does not apply to the beneficiaries of the base data, the responsible authority or the authority with which the contract was concluded or arrangement 25 working days evaluate requests and amendments: 25.1. within five working days of making appropriate amendments to the contract or agreement and shall inform the beneficiary of the financing;
25.2. Decides not to make amendments to the contract or agreement and five working days inform the beneficiary of the financing, stating the grounds for refusal, as well as information about the necessary details of the amendment request and submit it again.
Vi. content of the contract or agreement 26. the competent authority or institution of the cooperation agreement or the letter of agreement shall give at least the following information: 26.1. objectives;
26.2. the responsible authorities or cooperation bodies and the properties of the beneficiaries;
26.3. the responsible authorities or institutions, beneficiaries and projects of the Fund of the European Union, the cooperation body of rights and obligations;
26.4. the specific action deadlines;
26.5. the period in which the costs may be considered eligible;
16.5. the European Union funds the payment request preparation and filing;
16.6. the European Union funds and the State budget the cost of funding;
16.7. the European Union will fund the project financial control, auditing and other procedures for carrying out checks;
26.9. reporting procedures;
26.10. This provision of the notification referred to in paragraph 24 of the procedure of submission and acceptance for binding;
26.11. Fund of the European Union on the implementation of the related project document storage period;
26.12. If the European Union funds are involved in the implementation of the project partner, the beneficiaries and the institutions of cooperation cooperation provisions;
26.13. suspension of payments, the amount of the reduction or suspension of payments;
26.14. the action of the contract or the agreement, amendment and termination of the order.
27. the competent authority or body in addition to the provisions in the agreement referred to in paragraph 26, the information includes the following provisions: 27.1. liability law reinforcement and sanction (penalty and calculation procedures);
27.2. the beneficiary certificate in relating to the implementation of the project.
VII. draft European Union funds the purchase of 28 pre-verification beneficiary within five working days after the conclusion of the contract or the agreement to purchase the plan submitted to the responsible body or institution.
29. the competent authority or body within 10 working days of the receipt of the purchase plan check that it is completed in accordance with the provisions of the annex and that the subject of the contract conforms to the beneficiary of the project approved by the planned activities. If necessary, the responsible authority or authorities asked the beneficiary to clarify purchase plan within five working days.
30. If the beneficiary of the big project before purchasing contract or agreement, it before launching a procurement procedure, procurement plan shall be submitted to the responsible body or institution. The responsible authority or authority within five working days after the receipt of the purchase plan check that it is completed in accordance with the provisions of annex 4 and, if necessary, ask the beneficiary to clarify purchase plan within five working days. Procurement monitoring Bureau consider purchasing plan and purchase the pre-verification for this in Chapter VII.
31. the competent authority or body within three working days after the procurement plan shall be submitted to the examination of the procurement plan procurement monitoring Bureau. Procurement monitoring Bureau within five working days after the receipt of the purchase plan to examine the procurement plan and, if it finds that it contains information about possible law violations in the area of public procurement, shall inform the beneficiary of the financing and the responsible authority or institution purchase plan presented by the procurement monitoring Bureau.
32. the European Union funds during the implementation of the project beneficiaries, if necessary, to update the procurement plan and shall be submitted to the responsible body or institution of cooperation this provision in paragraph 29 and 31.
33. Procurement plan filing obligation procurement monitoring Office, without prejudice to the beneficiary of the financing to launch a procurement procedure.
34. the procurement monitoring Bureau, on the basis of the procurement plan, drawn up by the European Union to fund the procurement of pirmspārbauž project plan. Pre-verification of evenly during a calendar year.
35. Until the conclusion of the purchase contract procurement monitoring Bureau will follow European Union funds projects procurement: procurement pre-verification 21.8. random checks of documentation;
35.2. procurement procedures for random inspection.
36. on the basis of this provision, paragraph 35, the results of the procurement monitoring Bureau provides one of the following findings: 36.1. positive opinion – if the Foundation of the European Union project is not the purchase of irregularities or significant irregularities found do not and can not affect the decision on procurement law;

36.2. the opinion with objections – if the European Union fund project procurement irregularities are noted, but it is possible to fix the time of the procurement procedure;
36.3. the negative opinion – if the European Union fund project procurement is any violations that it is not possible to prevent the ongoing at the time of the procurement procedure.
37. the procurement monitoring Bureau this provision in paragraph 36 of that opinion within three working days after it is sent to the relevant preparation the responsible authority or authorities and the funding recipient. Opinion on the major project procurement, if it is with the opposition or negative, the procurement monitoring Bureau within three working days shall also be sent to the managing authority.
38. If the procurement monitoring Bureau delivered an opinion with the objections and the beneficiary during the month after receipt of the opinion, not provided to the procurement monitoring Bureau written information on the European Union to fund the purchase of the project prevention of irregularities, the procurement monitoring Bureau checks if the beneficiary has prevented irregularities referred to in the opinion, and the opinion that provision in paragraph 37. If the procurement monitoring Bureau finds that the violation is not corrected, it is for the European Union to fund the purchase of the project gives a negative opinion.
39. If the procurement monitoring Bureau provided a negative opinion, the responsible authority or body, in the light of that opinion, shall decide on the non-attribution of expenses associated with the purchase.
40. the procurement monitoring Bureau, four times a year, until February 15, May 15, august 15 and November 15, the managing body shall provide an overview of all activities during the previous quarter, the European Union fund project procurement before the tests and their results.
41. The rules referred to in paragraph 40 of the report shall include at least the following information: 25.5. date of the contract or agreement and number;
41.2. the beneficiary name;
41.3. acquisition date of the pre-verification;
25.7. purchase pre-verification investigator's name;
25.8. the result of the purchase, indicating the pre-verification European Union funds projects identified in the procurement irregularities, if any;
25.8. the procurement irregularities in pre-verification found status, if it is made.
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.
 
Annex 1-4 ZIP 177 kb