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The Rules Of The European Community Initiative "equal"

Original Language Title: Noteikumi par Eiropas Kopienas iniciatīvu "EQUAL"

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Cabinet of Ministers Regulations No. 990 2006 in Riga on December 5 (Mon. No. 65 25. §) rules on the European Community initiative "EQUAL" Issued under the Cabinet of Ministers of 14 law equipment of the first paragraph of article 3 i. General questions 1. European Community initiative "EQUAL" (EQUAL) program and the program development and approval of appendices, project approval and implementation, financial planning and execution, monitoring, inspection, evaluation, reporting on identified inconsistencies and does not match any of the recovery order of expenditure as well as participating in these activities, the rights and obligations of the parties. 2. in implementing the EQUAL use of the European Social Fund and State budget funds (hereinafter referred to as the EQUAL financing), as well as the financial resources of the applicants, including local budget funds and private financing. II. the institutions involved in the implementation of the EQUAL 3. In these regulations, the Council of 21 June 1999, Regulation (EC) No 1260/1999 laying down general provisions on the structural funds (Council Regulation No 1260/1999) and of the Commission of 2 March 2001 Regulation (EC) No 438/2001 laying down detailed rules for the implementation of Council Regulation No 1260/1999 as regards the management and control systems for assistance granted under the structural funds (hereinafter referred to as Commission Regulation No 438/2001) , certain functions of the managing authority for the implementation of EQUAL, take the Ministry of welfare. 4. These provisions, Council Regulation No 1260/1999, Commission Regulation No 438/2001 and Commission 27 December 2002 Regulation (EC) No 2,430/2002 laying down detailed rules for the implementation of Council Regulation (EC) No 1260/1999 as regards the management and control systems for assistance granted under the structural funds, in particular the payment authority for implementing EQUAL out the Treasury. 5. These rules and Council Regulation No 1260/1999 lays down the functions of the Monitoring Committee the Monitoring Committee carried out for the implementation of EQUAL. Composition of the Monitoring Committee approve the Welfare Minister. 6. The Welfare Minister, confirming the composition of the Monitoring Committee, to the extent possible, ensure the numeric equivalent representation of both sexes. 7. the Supervisory Committee shall be chaired by a representative of the managing authority. The managing authority shall carry out the Monitoring Committee secretariat functions. 8. the Supervisory Committee shall operate in accordance with the regulations. Charter is approved by a majority vote, by participating in the open, at least two-thirds of the voting members of the Monitoring Committee. 9. the composition of the Monitoring Committee with voting rights following the institution of the nominated representatives: 9.1 the managing authority;
9.2. the payment institution;
9.3. the Ministry of Foreign Affairs;
9.4. the Ministry of the economy;
9.5. The Ministry of finance;
9.6. The Ministry of Internal Affairs;
9.7. The Ministry of education and science;
9.8. The regional development and local government Ministry;
9.9. The Ministry of Justice;
9.10. Special task Minister for society integration Affairs Secretariat;
9.11. the national human rights office;
9.12. The Latvian free trade union;
9.13. the municipalities;
9.14. the planning region Development Council;
9. association representing EQUAL priorities. 10. The meetings of the Monitoring Committee in an advisory capacity attend: 10.1. A representative of the European Commission;
10.2. The employers ' Confederation of Latvia's representative;
10.3. The Ministry of finance, the financial control Department representative;
10.4. other invited experts of the Monitoring Committee. 11. the composition of the Monitoring Committee shall include one representative from each of these rules, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8 9.6, 9.9, 9.10, 9.11., 9.12 and 9.13. institutions referred to. Regional Development Council nominated one representative from each region. 12. in order to ensure compliance with the principle of the EQUAL public funding and operation, facilitate the exchange of information between the non-governmental sector and EQUAL management and supervisory bodies, as well as ensure reasonable representation and compliance with the principle of partnership, the composition of the Monitoring Committee shall include five that rule 9.15. referred to representatives of the society that the managing authority of an open tendering procedure, assessment of the conformity of the society referred to in this paragraph. The Monitoring Committee also provides other opinions of the representatives of the society. III. EQUAL beneficiary 13. to receive EQUAL funding, project submissions may be submitted to the national regulatory authorities, a legal person or a partnership (hereinafter referred to as partners) when they joined together in a group (hereinafter the partnership). Partner group can be composed of not less than two partners. 14. the managing authority shall conclude a contract with one of the partners (hereinafter referred to as EQUAL beneficiaries) that choose the partner group. The contract shall include the following information: 14.1. Basic project financing;
14.2. the submission of the report;
14.3. payment arrangements;
14.4. the procedures for carrying out the examinations;
14. termination and amendment of the agreement;
14.6. The EQUAL funding arrangements for the submission of claims, which is matched by a payment institution;
14.7. other information that the party considers relevant. 15. the beneficiary shall ensure EQUAL EQUAL funded project implementation under the contract concluded with the managing authority. 16. the managing authority, technical assistance in implementing the priority is entitled to EQUAL funding. IV. EQUAL programme and programme complement preparation and approval 17. Managing Authority manages and coordinates the EQUAL programme and its development, as well as the amendment to the coordination with the Monitoring Committee and the approval of the European Commission. 18. the managing authority shall draw up programmes and amendments thereto and shall coordinate the Monitoring Committee approval. V. the EQUAL project approval and implementation 19. the managing authority shall develop EQUAL beneficiary selection criteria and submitted to the Monitoring Committee for approval. 20. The EQUAL project submissions valued and funding granted by using the following project application selection: 20.1. open competition-the managing authority organises free competition between EQUAL project applicants in accordance with the provisions referred to in paragraph 19 of the EQUAL beneficiaries of the selection criteria and other conditions laid down in these provisions;
20.2. the contest is retained for funding-managing authority organises free competition between EQUAL beneficiaries if the EQUAL programme and project implementation has already begun but the implementation of the programme is available for additional features. 21. the project application submitted to the Latvian language, including the following information: 21.1 the project applicant, name, registration number, registered office, contact;
21.2. the rules referred to in paragraph 13 of the partner's name, registration number, registered office, contact;
21.3. the project summary, which includes the name of the project, an indication of the project's compliance with the EQUAL area, the planned implementation of the project in time, space and cost;
21.4. Description of the project, including objectives, target audience, project results and their evaluation indicators (indicators), the impact of the project, the provisions referred to in paragraph 13 of the partners ' areas of responsibilities and arrangements for the participation of the partners is provided in decision making, creative elements in the project, the objectives of international cooperation, the results of the project and the dissemination of experience gained, the project risks and sustainability, as well as the planned activities for the implementation of the project;
21.5. the project's compliance with the EQUAL Pro priorities and compliance with gramm's characteristics, indicating the planned investment, EQUAL and programme complement objectives and priorities in implementation;
8.5. procedures for implementation of the project, describing the qualifications of the staff and logistical support, as well as assessing the quality of the implementation of the project;
21.7. the project costs, with a separate indication of the types of expenses and sources of funding;

21.8. the project the applicant's signed proof of its solvency, financial stability, tax obligations and the veracity of the information provided. 22. the project application and assessment procedures for the submission of a tender shall be determined. Contest rules are developed and approved by the managing authority, subject to this provision as referred to in paragraph 19 of the monitoring committees approved the beneficiary selection criteria. 23. the managing authority shall select projects for funding and contracting with EQUAL beneficiary of the financing for the implementation of a project. 24. the decision on refusal to approve the draft project, the applicant can be a challenge and appeal against administrative procedure law. Vi. Financial planning the State budget financing plans to EQUAL 25 as a grant from the general revenue in the budget of the managing authority, a single government program or subprogram. 26. the managing authority is planning the national budget long-term commitment and EQUAL funding for the year in full in accordance with EQUAL financial plan. 27. The EQUAL beneficiaries can be funded EQUAL project from its own resources, without government funding. VII. National budget preparation, at the request of 28. the managing authority shall draw up a request for the inclusion of EQUAL funding in the State budget according to the legislation on the State budget request. 29. the managing authority shall submit to the State budget request financial Minis three. 30. the managing authority national development budget funds requested under the EQUAL programme and the priorities set in the Appendix, as well as the distribution of funding over the years. 31. the national budget request, the managing authority shall include the following information: 31.1. EQUAL amount of financing during the year;
31.2. the national long-term budgetary commitment;
31.3. the existing and required additional funding, EQUAL priorities as set, provided that funding be secured first the EQUAL implementation of the co-financed project;
19.5. The EQUAL funding sources-the European Social Fund, the State budget funds, local budget and private funds. 32. the managing authority shall provide the national budget revenue forecasts for the European Commission's EQUAL to the prescribed order of payment in accordance with Commission Regulation No 438/2001. Viii. Payment arrangements 33. the managing authority shall, when concluding a contract with EQUAL funding recipient, take into account the approved State budget long-term commitment areas. 34. the managing authority shall examine the EQUAL funding requests received, prepares a payment order for EQUAL funding transfer, indicating the purpose of the transfer and the economic classification code, and submit a payment institution to make the payment. 35. the next working day after payment a payment institution shall prepare a statement of the European Social Fund and State budget of the cost of the EQUAL projects and submit the lead body. 36. the first working day of each month, the payment institution shall prepare the managing authority account summary statement of cash expenditure, indicating that the budget spending economic classification in full and submitted for approval by the managing authority. 37. where the managing authority finds inaccuracies in payment institutions prepare account statements or summaries, it shall inform the payment authority. The payment institution shall assess the account statements or summaries and, if necessary, make the appropriate corrections. The specified account statements or summary shall be submitted for approval by the managing authority. 38. If the summary found no inaccuracies, the managing authority within five working days of any approved copies of the Summary submitted to the payment authority. 39. the managing authority and the paying authority according to the competency of the accumulation of financial data on EQUAL funding. 40. The European Commission received From the European Social Fund shall be credited to the State budget revenues. IX. The EQUAL project financial control and audit 41. EQUAL project financial control within the meaning of this provision are: 25.5. in accordance with the EQUAL project funded the work, supplies and services, as well as the verification of declared expenditure of the project;
41.2. random checks at the place of implementation of the project;
41.3. EQUAL final expenditure declarations. 42. under the terms of this Audit has EQUAL management system compliance and verification of effectiveness. 43. the managing authority shall take this rule 41.1. the checks referred to in the subparagraph and lay down the basic principles and procedures for the submission of the report. This rule 41.2. referred to financial control and audit referred to in paragraph 42 shall be carried out by the managing authority within the Department that are not directly involved in the implementation of the project, make payments, and this rule 41.1. the checks referred to in point. 44. in order to ensure the process of certification of expenditure, the paying authority may perform this rule 41.1. and 41.2. the checks referred to in point. 45. the Department of the Ministry of finance, which functions are separate from the payment authority, managing authority, this rule 41.1. and 41.2. checks referred to in paragraph 42 above and audit analyst and is directly responsible to the Secretary of State, Ministry of Finance (hereinafter referred to as the independent organ), 41.3. these provisions referred to in the final Declaration of expenditure in check, prepare a report on the checks carried out and opinion, subject to the following conditions: 45.1. independent Department draw up a final Declaration of expenditure to the inspection plan and the 2008 December 20, submit it to the managing authority and the paying institution;
45.2. the managing authority until February 1, submit the independent Department and payment authority for the approval of the final Declaration of expenditure, together with the original receipt for the certification of expenditure;
45.3. the independent department within three working days following receipt of the final statement of expenditure submitted by the managing authority of the final Declaration of expenditure approved in the test plan that contains the test objective: 45.3.1. and the amount of work;
45.3.2. the planned launch date of the inspection;
45.3.3. the planned draft report and the date of preparation of the report;
45.3.4. checking the scheduled time and the examiner's name and surname;
28.2. the Department carried out an independent check to verify: 45.4.1. Management and control the efficiency of the system;
45.4.2. the results of the tests carried out previously and the implementation of recommendations;
45.4.3. the final statement of expenditure and request for payment of the final in the legality and regularity of the transactions;
45.4.4. EQUAL compliance program implementation planning document them and objectives;
28.3. the independent Department carry out additional costs of random checks or tests if the test is not possible to be certain about any of that rule 45.4. criteria referred to in or have significant management and control system;
45.6. the independent entity shall prepare a report and to the 2009 30 April shall submit it to the managing authority and the reconciliation of the payment institution;
28.4. where the managing authority or to the Authority's comments on the draft report, it shall be submitted in writing to the authority, the independent body within five working days from the date of receipt of the draft report;
28.5. If the independent unit has found significant deficiencies in the management and control systems, the managing authority after this rule 28.3. the communication of the information referred to of 5 May 2009 to set up a working group, comprising the managing authority and the paying authority, and shall inform the independent entity;
28.5. the Working Party examined the information received, and shall take a decision until May 15, 2009 to inform the independent entity;
45.10. independent unit assessed received the managing authority and the paying authority comments or 28.5. This provision referred to the decision taken by the Working Group and, if necessary, specify the message;
45.11. on the basis of the information referred to in the report, the independent entity shall prepare an opinion pursuant to Commission Regulation No 438/2001, annex III indicative model;
independent Department of 45.12. up to 25 June 2009. submit payment authority to prepare a report and sent to the European Commission, but the message and send a copy of the opinion of the managing authority. 46. The EQUAL project financial control and audit can be made to Commission Regulation No 438/2001 article 7 paragraph 3 referred to "c" individuals and institutions. 47. the managing authority, payment authority, the EQUAL beneficiaries and partners: 29.3. presented to the person/project-related documents (also provides access to documents in electronic form);
47.2. provides access to the premises of the financial documentation and other material values, which relates to the audit;
47.3. provides the necessary document and a copy of the statement;

47.4. provide reviewers explanations on the EQUAL project development, implementation and monitoring. 48. the managing authority, payment authority, the EQUAL beneficiaries and partner stores with EQUAL project-related documents by 2016 December 31. X. EQUAL programmes and project implementation monitoring 49. EQUAL and monitoring the implementation of the project is provided by the managing authority. 50. the managing authority: 50.1. creating the information system for the monitoring of the implementation of the programme EQUAL, ensure its operation and, in coordination with the payment authority, determines the order in which the data is stored;
50.2. the beneficiary shall ensure EQUAL information and EQUAL-funded project the storing of data in the information system;
50.3. prepare a report on the activities funded by EQUAL progress, analyzing the EQUAL implementation problems and formulating laws before the EQUAL implementation of the programme;
50.4. each year, submit to the Monitoring Committee for approval in the current report, but in the end of the program-final report on the implementation of EQUAL. 51. the beneficiary shall provide EQUAL managing authority report on the EQUAL-funded the implementation of the project under the contract concluded by the EQUAL managing authority and the beneficiary. XI. EQUAL programme and project implementation to assessment 52. Managing Authority: 52.1. organise initial assessment, in order to create the legal, economic and social reasons EQUAL preparation of measures financed;
52.2. the standing assessment, organized to assess EQUAL management and monitoring system, EQUAL with the implementation of the programme and the results;
52.3. The European Commission participates in the final evaluation, organized after the completion of the measures financed by EQUAL measure given the financial leverage of efficiency and effectiveness, as well as their impact on the socio-economic development. 53. The managing authority is entitled to organise the EQUAL thematic priorities. 54. The EQUAL beneficiaries shall ensure EQUAL assessment of project implementation under the contract concluded by the EQUAL managing authority and the beneficiary. XII. implementation of projects financed in EQUAL found non-compliance evaluation procedure 55. the managing authority and the paying authority shall ensure the effective management and control system to prevent or resolve any discrepancies in the implementation of the project. 56. Non-compliance with this provision, the meaning of the EQUAL implementation of the programme are any regulatory or European Union of the Republic of Latvia law violation resulting from the EQUAL beneficiaries, managing or paying authority employees and act or omission which has or could have a negative impact on the budget of the European communities in the following cases: 56.1. If the beneficiary EQUAL to make payments to recognised as wrong, illegal, not planned in the project not applicable or ineligible expenditure carried out (hereinafter referred to as inadequate expenditure carried out);
56.2. If found systemic inconsistencies that may arise in the implementation of other projects;
56.3. If there is reasonable suspicion of fraud (the Commission of 12 December 2005, Regulation (EC) no 2035/2005 amending Commission Regulation No 1681/94 (hereinafter referred to as Commission Regulation (EC) no 2035/2005) referred to in article 1 for the purposes of the definition). 57. the managing authority and the paying authority shall assess each compliance not identified and in accordance with the Commission on 11 July 1994, Regulation (EC) No 1681/94 concerning irregularities in the financing of the structural policies and the recovery of sums wrongly paid, and the organisation of an information system in this field (hereinafter referred to as Commission Regulation No 1681/94) articles 3 and 5, in such cases, prepare quarterly reports (annex): 57.1. where EQUAL funding to the recipient of the payment, which disqualified according to the expenditure effected and it may not be deducted from the next or current interim payment or a final payment EQUAL to the beneficiaries;
57.2. Commission Regulation No 1681/94 (4) in the cases referred to in article;
57.3. If EQUAL funding to the recipient of the payment, which found to be relevant to your expenses, and their total amount, in LCY, applying the currency conversion rate that laid down in Commission Regulation (EC) no 2035/2005 1 paragraph 10 of article: 57.3.1. is greater than 10000 euro;
57.3.2. is less than 10000 euro, but not matching a particular project identified;
57.4. If found systemic inconsistencies that may arise in the implementation of other projects;
57.5. If there is reasonable suspicion of fraud or organised crime. 58. The payment authority for its perceived discrepancies in writing inform the managing authority the following periods of time: 58.1. this rule 57.1 and 57.2. in the cases referred to in paragraph-immediately;
58.2. this rule 57.3, 57.4 and 57.5... bottom point had referred to the MOS-two weeks after the fact of detection of non-compliance, by sending a letter, indicating the name of the project and the contract number, expenditure heading, not according to the amount of expenditure and the inadequacy of the description. 59. If the quarter has not detected any discrepancies, the payment authority in writing inform the managing authority the following periods of time: 59.1. for the current year quarter I-up to 1 may;
59.2. the current year quarter II-up to 1 august;
59.3. for the current year quarter III-up to 1 November;
59.4. for the current year quarter IV-until next February 1. 60. the managing authority, payment authority, in considering the information provided about the perceived inconsistencies or other managing authorities the information, if necessary: 60.1. Requests for additional information;
60.2. the financial control and audit, to verify non-compliance detection and prevention measures of the effectiveness and sufficiency;
60.3. propose additional control measures. 61. the managing authority shall keep records of the information about them and paying authorities identified inconsistencies and enter their EQUAL information system. 62. If, in the preparation of the quarterly report, all these provisions listed in the annex is not available or for the previous quarter, quarterly reports submitted the information required to update and complement, the managing authority and the paying authority shall ensure missing or updated information in the next updated in quarterly reports. 63. Where a payment institution, based on the opinion of law enforcement authorities, or doing additional testing or considering other EQUAL management measures or obtain additional information, considers the relevant quarterly report describes inadequacies of closed, it shall inform the managing authority in preparing the current or last quarter's report, and the grounds for non-compliance is considered to be closed. 64. the managing authority shall ensure that the European Commission and the European anti-fraud office information on identified inconsistencies in Commission Regulation No 2035/2005. 65. the managing authority shall send the payment authority the provision referred to in paragraph 57 a copy of quarterly reports on the perceived discrepancies. XIII. adoption of the decision on the project is not relevant to your deduction of expenses, write-offs or recovery 66. the managing authority shall assess the costs of inadequate recovery process efficiency and effectiveness and makes a decision about: 66.1. According to the expenditure not deducted if the recoverable amount is possible to withhold from the project during the next payment or an interim payment or a final payment EQUAL to the beneficiary;
66.2. the inadequate disposal of the expenditure incurred on expenses, if the recoverable amount per project for one of the non-compliance does not exceed 50 lats;
66.3. According to not make the recovery of the expenditure if it is not possible to withhold. 67. This rule 66.3. the decision referred to the managing authority shall show the following: 67.1. addressee of the decision;
67.2. project title and number;
67.3. fact finding;
41.9. inadequate amount of the expenditure incurred, including: 67.4.1. the European Social Fund;
67.4.2. the share of the national budget;
67.5. recoverable amount, including: 67.5.1. the European Social Fund;
67.5.2. the share of the national budget;
67.6. recovery period;
67.7. inadequate amount of the expenditure made, which transferred to the European Commission, if the leading body of the European Commission has received a notice of repayment;

mm. reasons for the decision. 68. If adopted this rule 66.2. the decision referred to in paragraph below, the managing authority shall prepare the accounting statement, indicating the date on which you made the expenditure not written off to expense. That date is considered the date of its recovery. 69. the managing authority within three working days, inform the payment authority for this rule referred to in paragraph 66. 70. the managing authority for this rule 66.1. decision referred to inform beneficiaries that EQUAL has found non-compliance with the withholding of funds, indicating the amount and term. 71. in accordance with this rule 66.1. the decision referred to in the paragraph below the managing authority not be withheld according to the expenses incurred from the EQUAL beneficiaries in the future or for the current interim payment or a final payment,. 72. the managing authority within two working days following this rule 66, paragraph for decision making input reported to EQUAL the information system. XIV. the expenditure incurred by improper accounting and recovery procedure 73. the managing authority shall ensure an adequate recovery of the expenditure incurred in accordance with this rule 66.3. the decision referred to in the subparagraph. 74. the managing authority the Treasury account opened does not match any repayment of expenditure. 75. the managing authority shall ensure that EQUAL beneficiaries under this rule 66.3. the decision referred to repay the relevant expenses incurred, including the provisions referred to in paragraph 74 of the account. 76. If the beneficiary is EQUAL to the budget authority and managing authority cannot provide inadequate expenditure incurred, applied it recovers in the following order: 76.1. the managing authority shall send the Ministry of finance this provision referred to in paragraph 57 a copy of quarterly reports;
76.2. The Ministry of Finance's quarterly report sent to the information included in the national control and its supreme authority, the Manager of the budget authority, which made the inappropriate expenses;
76.3. the managing authority shall inform the Cabinet about inappropriate expenditure. 77. If the beneficiary is not EQUAL to the budgetary authority, not recover expenses incurred in the following order: 77.1. the managing authority within five working days after this rule 66.3. the decision referred to in paragraph shall be prepared and transmitted to the recipient of funding FROM EQUAL managing authorities request for repayment, specifying the amount to be repaid, payment and account to which payment is to be charged;
77.2. If EQUAL beneficiary means not repaid in time, the managing authority shall decide on further action does not suit for the recovery of expenditure incurred;
77.3. If EQUAL beneficiaries are not also be released a month after the due date, the managing authority shall decide on the commencement of litigation with EQUAL beneficiaries. 78. If the beneficiary does not EQUAL according to the expenses incurred can not repay this rule 66.3. the decision referred to in subparagraph within the time limit specified in the decision of the review and, in the following order: 78.1. the beneficiary shall inform the EQUAL managing authority for necessary changes this rule 66.3. the decision referred to in subparagraph within the time limit specified;
78.2. the managing authority shall evaluate the information submitted and, if necessary, within seven working days after its receipt shall take a decision on the changes that rule 66.3. the decision referred to in subparagraph;
78.3. managing authority within three working days after the change takes place shall forward this rule 78.2. the decision referred to in the copy of the payment institution;
78.4. managing authority within three working days, inform about this rule 78.2. the decision referred to in the paragraph below the EQUAL funding of beneficiaries who have been found. 79. If EQUAL beneficiaries who do not have budget authority, the calendar month following that rule 66.3. the decision referred to the specified deadline can not repay improper expenses incurred and agree on the extension referred to in the decision, the managing authority shall decide on further action. 80. the inadequate recovery date of the expenditure incurred (except this rule 66.1 and 66.2 in. and in paragraph 76) considered the date does not match any expenditure is repaid this provision account referred to in paragraph 74. Sums recovered shall be translated into euro, subject to European Union law on arrangements for using the euro for the purposes of the budgetary management of the structural funds. 81.76. These provisions in the case referred to in paragraph 1 about inadequate recovery expenditure incurred shall be deemed to be the date that the Ministry of Finance shall send the relevant information to State control and its supreme authority, the Manager of the budget authority, which made the inappropriate expenses. 82. the current year up to the third weekday the payment authority shall inform the managing authority for State budget revenue account refundable recoveries. If changes are made to the State budget revenue account details, payment authority within three working days, inform the managing authority. 83. Within three working days after the transfer of funds this provision account referred to in paragraph 74 of the managing authority shall submit the payment order of the payment institution of the European Community and regain the State budget financing of the State budget revenues. Payment institution provides the payment order execution within three working days after receipt of the payment order. Payment institution provides EQUAL funding recovered amounts in the EQUAL funding account. 84. the managing authority shall ensure that the expenditure incurred by improper accounting. Prime Minister a. Halloween Welfare Minister d. Staķ of the annex to the Cabinet of Ministers of 5 December 2006, Regulation No 990 of Welfare Minister d.-Staķ