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Cabinet of Ministers Regulation No 871 Riga 2005 (15 November. No 66 38) On 1 June 2005 for amendment of the agreement between the Member States and the Grand Duchy of Luxembourg, acting as the managing and paying authority of the Community initiative programme "implementation" ESPON 2006 issued under Cabinet installations article 14 of the law in the first part of paragraph 3 1. June 1, 2005, amendment of the agreement between the Member States and the Grand Duchy of Luxembourg, acting as the managing and paying authority of the Community initiative programme "ESPON" 2006 (hereinafter referred to as the amendments) with these terms are accepted and approved. 2. amendments shall enter into force on 23 May 1969, the Vienna Convention on the law of treaties article 24, second paragraph. Prime Minister, Minister of finance Spurdziņš o. regional development and local Government Minister m. kučinskis accepted and approved by the Cabinet of Ministers on 15 November 2005, the Regulation No 871 of 1 June 2005, the amendment to the agreement between the Member States and the Grand Duchy of Luxembourg, acting as the managing and paying authority of the Community initiative "ESPON 2006 programme" implementation a. fixes that need new financial control structure appropriate for the determination of grounds for the action 1. Express agreement the title of Chapter 1 by the following "1. The institutional framework: the managing authority, payment authority, coordination section, the Monitoring Committee and financial control";
2. the supplement to Chapter 1 paragraph 5, second subparagraph, after the words "detailed provisions for costs will be for common protocols with the relevant liaison bodies referred to in annex 1-3 of" with the words "or in the rules of procedure";
3. Put 1 of Chapter 5 of the Treaty, paragraph c) by the following: "(c)) pursuant to Commission Regulation (EC) No 438/2001, article 19 of Chapter VII to create the financial control group (FKP), to assume the second level control single organization as provided for in Commission Regulation (EC) No 438/2001, chapter IV (see ninth sections 1-8).
In accordance with Council Regulation (EC) No 1260/1999, article 38 f) of the first paragraph of point and Commission Regulation (EC) No 438/2001, chapter V, the main financial inspection (Inspection Général des finances — (IGF)), which is the institution responsible for the control of the structural funds in Luxembourg, you are asked to prepare a Declaration on the end of assistance based on financial control procedures and created (see Chapter 9 for 9).
Financial control group composed of Member States ' financial control institution representatives (see annex 3). ";
4. Replace the Treaty in paragraph 2 of the section names and the number "see annex 2" with words and "see Chapter 8 of" and the words "and see annex 3" with the words "and the number 9. ';
5. Replace the fifth chapter of the Treaty, paragraph 5, the words "and see annex 3" with the words "and in accordance with Chapter 9";
6. To express the ninth chapter of the Treaty by the following: "9. system and random checks and accounting (second level control) Organization and help end notification (third-level control).
1. In accordance with Commission Regulation No 438/2001, chapter IV, Member States shall organise random checks to ensure that the Administration and the effectiveness of control systems and different levels of expenditure declarations;
2. Each Member State shall designate the institutions — financial control group member (see annex 3). Financial control group is responsible for the second level control single coordination. Financial control group will agree on the person to ask the task of carrying out control functions, without prejudice to the binding national legislation, as well as without prejudice to the implementation approach and providing recommendations to the process in accordance with the Commission's audit manual and specific audit methods. The designated control bodies will carry out checks on the activities undertaken under the financial control team jointly approved control list;
3. The managing authority coordination section will organise the financial control group meeting. Necessary information, mostly about payments, contacts and addresses will ensure coordination section;
4. control at least five percent of the total amount of eligible expenditure will occur at evenly spaced time periods in the remaining years of the programming period, in accordance with Commission Regulation No 438/2001, chapter IV;
5. The choice of the sample of operations to be carried out in accordance with Commission Regulation (EC) No 438/2001, article 10, the second and third Division.
Nosūtam examination reports financial control group, the managing authority and the paying authority. If the message identifies a controversial fact, financial control group may require the participating national institutions designated for additional information and/or to prevent failures.
Reports of random checks in a single annual report to be compiled in the project prepares the designated control bodies. Financial control group, by achieving agreement on this report, send it to the managing authority and the main financial authorities until May 30 of each year, the managing authority in order to ensure the ability to run it his duties as laid down in point 8 of Chapter 9;
6. the inspection must determine whether any of the known problems is not systematic. If it is found systematic problems, financial control group provides financial changes or proposals to the Administration and control systems modifications in accordance with the guidelines of the European Commission on the financial change procedure, as provided for in Council Regulation (EC) No 1260/1999, article 39;
7. the managing authority with the support of the coordination unit shall report regularly to the Supervisory Committee for the random tests. The managing authority shall submit these reports the payment institution to take account of possible inaccuracies;
8. the managing authority transferring from the financial control group according to paragraph 5 of Chapter 9 we received the annual report of the European Commission by 30 June of each year, in accordance with Commission Regulation (EC) No 438/2001 Article 13;
9. the financial control group, chaired by the completion of the institution, help establish the necessary procedures and types all the useful information needed to help end the programme in accordance with Commission Regulation No 438/2001, chapter V, the financial Inspectorate (IGF), which is responsible for control of the structural funds in Luxembourg, issued a declaration, taking all the responsibilities of the Member States participating, in accordance with Council Regulation (EC) No 1260/1999, article 38.
10. The managing partners and other project partners are required to ensure access to all relevant information about the project, which is co-financed from the ERDF funds. When auditing responsibilities entrusted to the Department is a private company, which will be audited to ensure the appropriate audit and advisory function (if necessary also the separation of organization and functional level). These measures concern the staff carrying out the checks and audit tasks to separate them from consulting services, in particular the project management level, thereby reducing conflicts of interest and the risk of failure. "
B. corrections needed to correct obvious inaccuracies of 1. Replace paragraph 5 of section 1 (b)) at the bottom in the first sentence, the word and the number "6." chapters "with a name and number in" Chapter 8 ";
2. Replace paragraph 3 of Chapter 3, first sentence, the words and figures "3. paragraph 1 of chapter h)" with the words and figures "in Chapter 3 of paragraph 1 (g))."
The Government of the Grand Duchy of Luxembourg, represented by the internal affairs and spatial development Minister Jean-Marie Halsdorf, location and time of the signature of the Republic of Latvia Cabinet of Ministers, represented by the regional development and local Government Minister m. kučinskis place and time signature amendment of 1 June 2005 to the agreement between the Member States and the Grand Duchy of Luxembourg in its role as the Managing and Paying Authority on the Implementation of the Community initiative "ESPON 2006 programme" Amendments in order to (A) create a to coheren base for the new financial control structures 1. Replace the head line of § 1: "§ 1 Management Authority, Paying Authority, Coordination Unit and the Monitoring Committee" by "§ 1 Institutional structure: the Management Authority, Paying Authority, Coordination Unit, the Monitoring Committee and Financial Control" Amend in § 2 (1) (5), second paragraph: After the words "details also on dealing with costs will be defined in the protocol" the words "or rules of procedures" 3. Replace the complete text of § 1 of 5 (c) : By "(c) According to article 19, in Chapter VII of Commission Regulation (EC) No. 438/2001 the Financial Control Group (FCG) shall be established in order to join the undertak organizations of 2nd level control as foreseen in Chapter IV of Commission Regulation (EC) No. 438/2001 (see § 9 (1)-(8)).
The Inspection Géneral des finance (IGF), the organisation responsible for control of Gotland in Luxembourg is designated to issue declarations on winding-up of the of the assistance under article 38 (1) (f) of Council Regulation (EC) 1260/1999 and Chapter V of Commission Regulation (EC) 438/2001 based on procedures defined by modalit and the FCG (see § 9 (9)).
The FCG is composed of representatives of the financial control authorities of the Member States (see annex 3). "
4. Replace in § 4 (2) the reference in the sixth line: "see annex 2" by "see § 8/8 ' and in the line" see annex 3 "by" see § 9 ' 5. Replace in § 5 of 5 the reference in the second line: "(annex 3)" by "(according to § 9)" 6. Replace § 9 (1)-(4): By "§ 9 Organisation of system and sample Check on Operations and followup (" 2nd Level Control ") and declaration of winding up (" 3rd Level Control ") 1. The Member States shall according to Chapter IV of Commission Regulation (EC) No. 438/2001 organise sample check on operations to verify the effectiveness of the management and control systems in place and to verify declarations of expenditure made at the various levels.
2. Each Member State shall be appoin an authority as a member of the FCG (see annex 3). The FCG is responsible for the joint co-ordination of the 2nd level control. The FCG will agree on whom to assign the task of carrying out the control function, without prejudice to the relevant national legislation, as well as on the approach to implementation and provide guidance to the process in line with the Commission's Audit Manual, specific audio method. The assigned control bodies will undertak the sample check on the operation, by using the checklist mutually agreed within the FCG.
3. On behalf of the MA the CU will organise meetings of the FCG. The cessary information, in particular on the payments, the operations ' contact persons and addresses will be provided by the CU.
4. Sample check on operations, at least 5% of the total eligible expenditure, according to Chapter IV of Commission Regulation (EC) No. 438/2001 will be carried out in the event the interval over the remaining years of the programming period.
5. The selection of the sample of operations to be checked shall be done according to article 10 (2) and 10 (3) of Commission Regulation (EC) No. 438/2001.
The reports on the sample check will be sent to the FCG, to the Managing Authority and the Paying Authority thereof. If a report to identify some controversial point the FCG can ask the national authority appointed their related provide further information and/or to resolve the disagreemen.
The reports on the sample check will be consolidated in a single annual report, drafted by the assigned control bodies. The FCG, after having agreed upon this report, shall forward it to the PA and to the IGF by the 30 May each year in order to enable the MA to fulfill its obligation as set out in § 9 (8).
6. The check shall establish in any problems encountered with the whethers of a systemic character. If so the FCG shall make proposals on financial corrections or amendments to the management and control system in general in line with the Commission's guidelines concerning the procedure for the financial correction is foreseen by the article 39 of Council Regulation (EC) No. 1260/1999.
7. The MA, supported by the CU, will report regularly on the results of the sample check on operations to the MC. The MA will provide these reports to the PA in order to take account of any irregularit.
8. The MA will forward the report received by the FCG as set out above in § 9 (5) to the European Commission by 30 June each year, according to the article 13 of Commission Regulation (EC) No. 438/2001 9. The FCG chaired by the winding-up body will lay down the procedures and modalit adequat for collecting all adequat information needed for the winding up of the program, according to Chapter V of Regulation (EC) of the European Commission. 438/2001, the declaration will be issued by the IGF, the organisation tasked with the control of Structural Funds in Luxembourg, taking into account the responsibility of all participating Member States according to article 38 of Council Regulation (EC) No. 1260/1999. "
Consequently the previously remaining § 9 (5) is now renumbered into § 9 (10).
(B) Amendments in order to. correct factual mistakes help me? 1. Replace § 1 of 5 (b) the reference in the third line: "§ 6 (a)" by "(a)" 2. § 8 replace in § 3 (3) the reference in the first line: "§ 3 of the. (1) (h) "by" § 3 of the. 1 (g) "the Government of the Grand Duchy of Luxembourg represented by the Minister of the Interior and Spatial Development Jean-Marie Halsdorf place and date: Luxembourg, 1 June 2005 signature: the Government of the Republic of Latvia represented by the Minister of Regional development and Local Government Māris kučinskis place and date: signature:
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