The Provisions Of The Agreement Between The Member States Of The European Union And "investitionsbank Schleswig-Holstein" On The Community Initiative Interreg Iii C North Zone Programme "implementation

Original Language Title: Noteikumi par līguma starp Eiropas Savienības dalībvalstīm un "Investitionsbank Schleswig-Holstein" par Kopienas iniciatīvas "INTERREG III C Ziemeļu zonas programma" īstenošanu

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/93084

Cabinet of Ministers Regulations No. 742 in Riga 2004 (august 24. No 50 35 §) rules on the contract between the Member States of the European Union and "Investitionsbank Schleswig-Holstein" on the Community initiative INTERREG III C North zone programme "implementation Issued under Cabinet installations article 14 of the law, first paragraph, point 3, 1. The agreement between the Member States of the European Union and" Investitionsbank Schl-wig-Holstein "on the Community initiative INTERREG III C North zone programme" (hereinafter referred to as the agreement) with these terms are accepted and approved. 2. the agreement shall enter into force at the prescribed time and in order. Prime Minister, Deputy Prime Minister a. shlesers regional development and local Government Minister a. Radzevič accepted and approved by the Cabinet of Ministers of 24 august 2004, regulations no 742 contract between the Member States of the European Union and "Schleswig-Holstein" Investitionsbank of the Community initiative INTERREG III C North zone programme "implementation of The agreement on the European Commission (Decision number K (2001)-4771) December 31, 2001 approved the Community initiative INTERREG IIIC North area program (CCI 2001 RG 16 0 PC 019) (hereinafter" the programme ") closed between the Kingdom of Denmark, represented by the national company and the housing agency, the/Igaunijas Republic, represented by the Estonian Ministry of the Interior, represented by the Republic/Latvian regional development and local government Ministry/Lithuanian Republic represented by the Ministry of Internal Affairs, Republic of/Polijas, represented the economic, labour and social policy Ministry, the/Somijas Republic, represented by the Ministry of Internal Affairs, the Federal Republic of Germany, represented by the Federal economic and Labour Ministry, the Kingdom/Swedish , represented by the Swedish Business Development Agency (Nutek) and the "investment bank Schleswig-Holstein Fleethörn 29-31", 24103 Kiel, Germany, represented by Executive Directors Dr. Lutz Kopman and Klaus rave, (hereinafter referred to as "IB") on the basis of: • the EU regulations that contain provisions on the structural funds, in particular the Council of 21 June 1999, Regulation (EC) No 1260/1999 (OJ L 161, 26.6.1999, p. 1) and last amended by 26 May 2003 Regulation (EC) no 1105/2003 (OJ L 158 , 27.6.2003, p. 3), the European Parliament and of the Council of 12 July 1999, Regulation (EC) No 1783/1999 (OJ L 213, 13.8.1999, p. 1), Commission of 11 July 1994, Regulation (EC) No 1681/94 (OJ L 178, 12.7.1994, p. 43), 28 March 2000, Regulation No 643/2000 (OJ L 78, 29.03.2000., p. 4), 30 May 2000, the Regulation No 1159/2000 (OJ L 130 , 31.5.2000., p. 30), 28 July 2000, the Regulation No 1685/2000 (OJ L 193, 29.7.2000, p. 39), as amended, by 10 March 2004 Regulation (EC) no 448/2004 (OJ L 72, 11.3.2004, p. 66), 2 March 2001, Regulation No 438/2001 (OJ L 63, 3.3.2001, p. 21), as amended, by 27 December, 2002 Regulation (EC) No 351/2002 (OJ L 2,430 , 28.12.2002, p. 42), 2 March 2001, Regulation No 448/2001 (OJ L 64, 6.3.2001, p. 13), • Commission 28 April 2000 to the Member States, the communication establishing the guidelines for the Community initiative for the European cooperation to encourage harmonious and balanced development of the whole of the Community territory-INTERREG III (OJ C 143, 23.5.2000, p. 6, OJ C 239,: 25 August 2001, p. 4), hereinafter referred to as "INTERREG guidelines", • Commission 7 May 2001 a communication on Member States ' interregional cooperation INTERREG III C line "Community initiative (OJ C 141 , 15.5.2001, p. 2) (INTERREG III C), • a statement of the European Community, the Commission, in accordance with Commission Regulation No 438/2001, article 5 (EC) No 438/2001, which applies to all INTERREG III C programmes. Preamble the Member States of the EU, the Kingdom of Denmark, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Poland, the Republic of Finland, the Federal Republic of Germany and the Kingdom of Sweden (hereinafter referred to as "Member States") is authorized "IB" right to act as a leading institution, the payment institution and of the Secretariat of the authority of the common technical success in the program. They have decided to develop more precise rules concerning the "IB" services, rights and obligations by the managing authority, payment authority, and the overall technical status of the secretariat between the Member States and the "IB" in the framework of contracts concluded (paragraph 3.1.1 of the Community initiative programme). In accordance with the above, each of the Member States with "IB" concluded such an agreement with identical text. If the duration of the programme, the Member States agree on the additional tasks "IB", "IB" perform these tasks in accordance with the terms of this agreement. 1. the "IB" responsibilities "IB" 1 the implementation of the programme carried out under the managing authority (hereinafter referred to as "via") functions according to Council Regulation (EC) No 1260/1999, article 9 n) and to article 34 and paragraph 30 of the guidelines for INTERREG as well as payment institutions (hereinafter referred to as "MI") functions according to the above article 9 of the regulation) and the o Article 32. 2. in accordance with the provisions of the programme "IB" administrative needs a joint technical secretariat (hereinafter "KT"). KT will be in Rostock, Germany. 3. KT and "IB", acting, and Mia VI roles and responsibilities, as well as provisions on monitoring and the provision of instruction, "KT" KT is detailed in sections in the rules of procedure, attached in the annex to this agreement. 4. the Member States technical assistance in the framework of the financing of the Fund "IB", empowered it to administer structural funds. 5. "IB" tasks to be carried out in accordance with the regulations relating to the structural funds and the previously specified as the basis for this agreement, and in accordance with the rules of the programme and the terms of this agreement. 6. Tasks "IB" followed any amendments made to the regulations of the structural funds and the program. Significant changes in this contract, the Parties shall carry out negotiations on Treaty change. 2. Control 1. Without prejudice to Council Regulation (EC) No 1260/1999, article 8, paragraph 3 of the "IB", acting via State, is responsible for the management and implementation process efficiency and accuracy, in particular on: (a) the establishment of a system providing reliable financial and statistical information on implementation, monitoring indicators, listed in article 36, and for evaluation in accordance with Council Regulation (EC) No 1260/1999 and article 43 42. as well as the transmission of data by using, where possible, computer systems, the ability to Exchange data with the European Commission as laid down in Council Regulation (EC) No 1260/1999, article 18, paragraph 3 (e)), (b) changes in the programme complement in accordance with article 34 (3) and the implementation according to article 18, paragraph 3, without prejudice to Council Regulation (EC) No 1260/1999, article 35 (c) annual implementation report and submission to the European Commission (Council Regulation (EC) No 1260/1999, article 37) then When approved by the supervision and management of the Programme Committee (hereinafter referred to as a "UVK"), (d) the organisation of the mid-term evaluation provided for in Council Regulation (EC) No 1260/1999, article 42, in cooperation with the European Commission and the Member States, (e) activities to ensure that the aid process management and bodies involved in the implementation of this process the transactions carried out using a separate accounting system or an adequate accounting code (f) assistance in the process of ensuring the accuracy of the operations financed in the , especially in implementing internal controls to ensure sound financial management and to respond to the necessary or requested corrective action on which the decision is adopted in accordance with Council Regulation (EC) No 1260/1999, article 38, paragraph 4, the first apakšrindkop, or change the recommendations that are made in accordance with Council Regulation (EC) No 1260/1999, article 34, paragraph 2 of this article in accordance with the rules, (g) compliance with Community policies as provided for in Council Regulation (EC) No 1260/1999, article 12 and article 34 paragraph 1 g), (h) obligations regarding information and publicity laid down in Council Regulation (EC) No 1260/1999, article 46 and Commission Regulation (EC) No 1159/2000, and (i) the decision of the preparatory process of the UVK organizing under the INTERREG guidelines, paragraph 30, especially considering and adopting, by providing original assessment activities that is proposed for financing or co-financing. Without prejudice to these provisions, "IB", performing tasks, VI action must fully respect the Federal Republic of Germany, the institutional, legal and financial system (Council Regulation (EC) No 1260/1999, article 34 paragraph 1 second apakšrindkop). 2. In connection with article 2 of this agreement, paragraph 1 (h)) "IB" approved by one or more persons responsible for information and publicity, and the approved persons shall inform the European Commission thereof. Providing support for the "IB", each Member State, the competent national and regional authorities shall take the appropriate administrative actions for the effective implementation of all the measures resulting from Commission Regulation (EC) No 1159/2000, and organized in cooperation with the European Commission. 3. in accordance with Commission Regulation (EC) No 438/2001, article 7 and paragraph 3 of its amendment by Regulation (EC) No 2,430/2002 (VI) ensure that procedures are established that provide the texts of Regulation (EC) No 438/2001, article 7 paragraph 2 (a)), by which the regulation updated pursuant to Commission Regulation (EC) No 2,430/2002, the specified document storage under Council Regulation (EC) No 1260/1999, article 38 (6) and Commission Regulation (EC) No 438/2001, annex I. (VI) make sure also that you register information about the document holder institution and its location and that the documents are available for inspection by the persons and authorities specified in Commission Regulation (EC) No 438/2001, article 7, paragraph 3. 4. in accordance with Commission Regulation (EC) No 438/2001 article 9 3 and 4 of paragraph VI provides that "IB" Accounting Department, as defined in article 3 of this agreement, paragraph 2, is aware of the procedures carried out VI, to verify the delivery of the co-financed products and services and the existence of costs, ensuring compliance with the applicable rules and audit records to the information before the cost submission of the notification to the European Commission always takes account of control systems and audit the effectiveness of accounting information. 3. the payment application, grant agreement, payments to the leading partners 1. "IB" acting status shall submit applications to the WMD of structural fund payments and each year no later than 30 April shall be forwarded to the European Commission, and the next year's forecast of payment applications. 2. Member States shall authorise the "IB" acting status, according to the MIA Council Regulation (EC) No 1260/1999, article 32 paragraph 6 to issue the certificates and declarations specified in article 32 of this regulation 3 and 4. Certificates for the starpizdevum and the final statement of expenditure, which are specified in these articles, after Commission Regulation (EC) No 438/2001 annex II sample prepare "IB" Accounting Department. According to the above article 9, paragraph 1 of the accounting department is functionally independent from the "IB", which confirms the requirements. Before a statement of expenditure certification, "IB" Accounting Department makes sure that via has complied with Council Regulation (EC) No 1260/1999, in particular article 38, paragraph 1 (c)) and e), and article 32 3 and 4 point requirements and adhered to in accordance with article 28 of the said regulation adopted decision of the Commission of the limits, and that the statement of expenditure, the only expenses. -who actually cover the period of compensation laid down in the decision, and the final beneficiaries by the miscreant in accordance with Commission Regulation (EC) No 1685/2000, rule 1 of the annex 1.2., 1.4. and (2) and amending Regulation (EC) no 448/2004, and can attest to the audited financial statements, relating to operations selected for funding in accordance with the particular assistance program, subject to certain selection criteria and procedures and that, throughout the period, the expenditure incurred in the Community rules are complied with, and, concerning measures for which all State assistance in case of need has been officially approved by the Commission. 3. In accordance with Commission Regulation (EC) No 438/2001, article 15 "IB", acting in VI and MI status the person or Department that is authorized to prepare a Declaration on the expiry of the assistance provided for Regulation (EC) No 1260/1999, article 38, paragraph 1 (f)), the required information and provides access to records and receipts needed for preparation of the Declaration. 4. in accordance with Council Regulation (EC) No 1260/1999, the European Commission payments from the structural funds is transferred WMD; payments are credited in a single euro currency (€) account (trust account), and "IB", they must be managed separately as a trust fund. 5. in accordance with Council Regulation (EC) No 1260/1999, article 32, paragraph 1 of the MI ensured that the final the beneficiaries receive the assigned structural fund payments as soon as possible and in full. 6. a decision on the available structural funds of the European Union adopted the use of UVK. Based on UVK decision, "IB", VI, acting in his own name and at the expense of the Member States to measure the lead partner shall conclude grant agreement. Conclusion of the grant agreement, must comply with the decisions of the UVK VI. 7. (VI) is responsible for the legal and technical control before the conclusion of the grant agreement. If the control results in the VI are not met the requirements of the contract, it shall immediately inform the UVK. 8. Grant Agreement the currency is the euro (€). 9. before the cost of funding the MI check the grant agreement, this agreement, the program and the relevant EU regulation and the EU's conditions. 10. MI payments only if the partner provides the proof of the progress of the measures approved under the action plan, by submitting regular progress reports, which consists of the activities report and financial report. The financial report shall be signed by the author, the accounting officer or the head of the financial unit, which is independent of the activities of the event, confirming the eligibility of the expenditure declared. The lead partner must also provide proof of the proportion of national co-financing. Detailed provisions are stipulated in the grant agreement with the leading partner. 11. funding is transferred in euro (€) currency to the account specified by the lead partner. Currency exchange risk shall be borne by the partner. 12. By means of the European regional development fund earned interest income to spend in activities under the UVK decisions. 13. in accordance with Commission Regulation (EC) No 438/2001 for the MI article 8 shall take account of amounts recoverable from already made payments of Community assistance and ensure the recovery of this amount without undue delays. After recovery MI released irrelevant payments together with the late payment interest, minus the amount from the next statement of expenditure and request for payment sent to the Commission, but if that is not enough, making repayment of the community. Once a year, by sending the Commission a report on the fourth quarter of the refund, provided for by Commission Regulation (EC) No 1681/2001, MI report include a statement about sums up the day not recovered and classified according to the beginning of the recovery process. 4. grants and recourse 1. If the "IB" is in possession of information concerning irregularities, in particular relating to the lead partner's obligations, it shall immediately inform the UVK and those Member States which would be responsible, in accordance with the rights of recourse according to CIP regulations. 2. the UVK members representing its Member States, which should be the responsibility of subrogation rights case, decide on the funding reduction or regression. "IB" should take necessary measures to lead partner agreement with UVK members representing the Member States, subject to the funding reduction or regression. 3. If members of the UVK, representing the participating Member States, will decide on the reduction or non-recourse, "IB" is exempt from any requirements of the European Commission, the Member States concerned and to other third parties irrespective of the legal grounds. 4. If a managing partner of the designated time has not fulfilled the "IB" recourse, it is considered a loss. "IB" shall immediately inform the UVK members representing the participating Member States. 5. the right of recourse in the case of the "IB" is served all rights arising from the grant of these rights, as well as the affected Member State must transmit all information at its disposal necessary for the proceedings. 6. in urgent cases the "IB" can also, to ensure recourse requirements (for example, get the decision of the Court of Justice for interim measures), in agreement with the SPAT members representing the participating Member States; on the "IB" shall immediately inform VK. 7. as a result of the grant recourse amounts received "IB" credited to the trust account. 8. If the "IB" exercise of the right of recourse in legal fees, to the extent that it does not cover expenditure in accordance with article 7, shall be borne by the Member States, subject to the rights of recourse. 9. If the "IB" acting contrary to the legal provisions of this agreement or the obligations of the Treaty, such action must be assessed in any recourse in the case of the law and, if found eligible, from negligence "IB" is the amount to be charged. 5. Reporting obligations and audit rights 1. MI once a year until the next year's July 31, submit to the Member States of the use of funding. Receipt of this agreement article 5 paragraph 7 to approve the auditors if UVK has adopted the following decision. 2. MI each quarter, Member States shall prepare reports on the measures provided for commitments and payments in accordance with the EU standards. At the specific request of a Member State shall prepare reports that MIA provides relevant information to the Member State concerned of the measures and expenditure. 3. The use of funding to measures only MIA progress report, also on the beautiful audited financial statements, basic, submitted by the lead partner. If irregularities are suspected, the MI shall immediately inform the UVK members representing the participating Member States and persons nominated by referring to the INTERREG III C programme 31. 4. The competent authorities of the Member States of the EU and of the audit and the audit by the German Länder authorities in the framework of their duties are entitled to check the lead partner's appropriate use of funding. Member States and the "IB" funding granted at the time of the audit the mutual support and information. 5. The responsible EU audit institutions, the Federal Court of audit (Bundesrechnungshof "") and the land of Schleswig-Holstein Land Court of audit ("Landesrechnungshof") entitled "IB" premises for its own account to make use of funding, if it is agreed, or entrust the audit of authorized person. "IB" provide all the necessary documents and allows you to use your space. The audit covers only the use of the "IB" and other financial or economic activity. 6. ensure that the VI with a leading partner of the grant agreement will give all the audit institutions of the necessary checks. 7. "IB" tasks, audited by an independent auditor, responsible the "IB" annual report of the audit, and if UVK decides, the audit results are published in a separate report. 8. "IB" Audit Department is authorized to verify the proper "IB" tasks, the Department in deciding on the amount of the check. 6. Independent management rights 1. (VI) may decide on changes which do not alter the aims and core. It can decide also for changes that do not affect the legality of the measure or the results. Especially the VI is entitled to decide on: • measure an extension of not more than six months (not extending the application deadline), • lead partner progress report submission deadline extension for no more than six months, • change of budget allocation between budget lines, components and partners in the area of one target, changes not exceeding 20% of the initial budget as indicated in the approved application, • the INTERREG IIIC North in the common area of the approved measures reducing the budget If one of the partners withdraw or decrease in volume. 2. in all other cases, the decision to adopt the UVK. 7. the expenditure rules expenditures that arise in the application of "IB" and in the implementation of the tasks set out in the Treaty, are covered by funding from the TA budget, consisting of the ERDF co-financing contributions of the Member States and the Kingdom of Norway. 8. Final clauses 1. Correspondence and verbal communication between the "IB" and the Member States are carried out in English. 2. If any provisions of this contract become completely or partially invalid, all other provisions retain legal force. The parties to this Agreement shall take all the necessary measures and steps to replace the unenforceable provision with a valid provision that extent possible meets unenforceable rule. 3. the parties have agreed that the dispute not specified in the contract for its looking for mutually acceptable solutions. 4. Member States shall make all possible efforts to support the "IB" in implementing the tasks provided for in this agreement. Each Member State shall, within its jurisdiction, named recipient responsible only for "IB" requests and messages. 5. amendments to this agreement, including written denials, to be confirmed in writing. 6. this Agreement is concluded with retroactive effect. The new Member States to the Republic of Estonia, the Republic of Latvia and the Republic of Poland shall enter into force by 1 May 2004; in accordance with Regulation (EC) No 1260 (OJ L 236, 23.9.2003, p. 661), it refers to those Member States that are appropriate from 1 January 2004 until 30 April 2004. 7. this agreement is in force for the duration of the programme, including the final report at the time of preparation of the corresponding Council Regulation (EC) No 1260/1999, article 37, and program completion. The contract is signed in three copies. Place and date: … … … … … … … … … … …. Place and date … … … … … … … … … … … … …. Paraksts(–i): ........................................... Paraksti: ................................................ The Kingdom of Denmark "investment bank Schleswig-Holstein"/Igaunijas Republic/Latvian/Lithuanian Republic/Polijas Republic/Somijas Republic/Republic of the Federal Republic of Germany/Swedish Kingdom annex 1 INTERREG IIIC North zone programme total technical secretariat rules preamble in accordance with: • EU regulations that contain provisions on the structural funds, in particular the Council of 21 June 1999, Regulation (EC) No 1260/1999 (OJ L 161, 26.6.1999, p. 1), the European Parliament and of the Council of 12 July 1999, Regulation (EC) No 1783/1999 (OJL 213 , 13.8.1999, p. 1), Commission of 11 July 1994, Regulation (EC) No 1681/94 (OJ L 178, 12.7.1994, p. 43), the Commission of 28 March 2000, Regulation No 643/2000 (OJ L 78, 29.03.2000., p. 4), the Commission of 30 May 2000, the Regulation No 1159/2000 (OJ L 130, 31.5.2000, p. 30), the Commission of 28 July 2000, the Regulation No 1685/2000 (OJ L 193 , 29.7.2000, p. 39), the Commission on 2 March 2001, Regulation No 438/2001 (OJ L 63, 3.3.2001, p. 21), 2 March 2001, Regulation No 448/2001 (OJ L 64, 6.3.2001, p. 13), • Commission 28 April 2000 to the Member States, the communication establishing the guidelines for the Community initiative for the European cooperation to encourage harmonious and balanced development of the whole of the Community territory-Interreg III (OJ C 143 , 23.5.2000, p. 6; amended: OJ C 239, 25 August 2001, p. 4), hereinafter referred to as "INTERREG guidelines", • Commission 7 May 2001 notice to the Member States of the Community initiative Interreg III C brand "interregional cooperation" (OJ C 141, 15.5.2001, p. 2), hereinafter referred to as "INTERREG IIIC", European Union (EU) Member States Denmark, Finland, Germany and Sweden are authorised by their investment bank Schleswig-Holstein Landesbank Schleswig-Holstein, which is the Central chapter Girozentrale Kiel , (hereinafter referred to as "IB") set up a joint technical secretariat, to the level of the executive-led community initiative INTERREG IIIC program "North zone" (CCI 2001 RG 16 0 PC 019) (hereinafter referred to as the programme), the European Commission approved the 2001 31 December (decision number K (2001) – c(2004) 4771). In accordance with the above terms, "IB" creates and supports the "INTERREG IIIC North area program" of common technical secretariat (hereinafter referred to as JTIS), which operates in accordance with this regulation, corresponding to the agreement between the EU Member States and investment bank Schleswig-Holstein on the Community initiative INTERREG IIIC programme "North zone". § 1 support the managing authority 1. Cts provides support for managing authority (VI) in the performance of its functions in accordance with the provisions of the regulations of the EU, taking particular account of the Council of 21 June 1999, Regulation (EC) No 1260/1999 and the "agreement between the EU Member States and the investment bank's wig-Schl-Holstein" part 2. 2. KT is responsible for the provision of support via its functions, especially in connection with: (a)) system that ensures reliable financial and statistical information on implementation, monitoring indicators which appear in Council Regulation (EC) No 1260/1999 and article 36 of the interim and ex post (ex-post) evaluation in accordance with this regulation and article 42.43, as well as the transmission of data, (b)) the programme complement changes and implementation under Council Regulation (EC) No 1260/1999, article 18, paragraph 3. annual implementation, c) preparation and submission of reports to the European Commission in accordance with Council Regulation (EC) No 1260/1999, article 37, paragraph 2 (d)) the mid-term evaluation of the organisation in accordance with Council Regulation (EC) No 1260/1999, article 42 e) activities to ensure that the aid process management and bodies involved in the implementation of this process the transactions carried out using a separate accounting system or an adequate accounting code f) aid process correctness of the operations financed, particularly by implementing internal controls to ensure sound financial management and to respond to the necessary or requested corrective action on which the decision is adopted in accordance with Council Regulation (EC) No 1260/1999, article 38, paragraph 4, first paragraph whether the adjustment recommendations that are made in accordance with Council Regulation (EC) No 1260/1999, article 34, paragraph 2 of this article in accordance with the rules, g) ensuring compliance with Community policies as provided for in Council Regulation (EC) No 1260/1999, article 12 and article 34 paragraph 1 (g)), h) obligations regarding information and publicity laid down in Council Regulation (EC) No 1260/1999, article 46 and Commission Regulation (EC) No 1159/2000 i) supervisory and management committees (UVK) preparatory processes under the INTERREG guidelines, paragraph 30, especially considering and adopting, by providing original assessment activities that are offered in finance, j) subsidy contracts with project lead partners, k) the provision of support to the person or Department to whom, in accordance with Council Regulation (EC) No 1260/1999, article 38 (1) (f)), help to prepare the end of the receipt of the "agreement between the EU Member States and of Schleswig-Holstein investment bank" part 3 of 3 the meaning of paragraph , l) the provision of information in the financial control Department of the IB in accordance with the "agreement between the EU Member States and the Schleswig-Holstein investment bank", part 2, point 4. § 2 the support payment institution 1. Cts supports payment institution (MI), which fulfils the obligations laid down by the EU regulations, in particular Council of 21 June 1999, in Regulation (EC) No 1260/1999, and the "agreement between the EU Member States and the Schleswig-Holstein investment bank" part 3. 2. Cts supports MI in particular refer to the following obligations: (a)) of the payment application preparation and submission to the European Commission (the initial payment on account, interim payments and payments of the final balance), and, if the application is not appropriate, the taking of measures to correct this situation, (b)) of the payment application, updated forecasts for the current year and the next transmission, pursuant to Council Regulation (EC) No 1260/1999, article 32, paragraph 7, (c) the provision of support to the person) or Division which, in accordance with Council Regulation (EC) No 1260/1999, article 38 (1) (f)), help to prepare the end of the proof "agreement between EU Member States and of Schleswig-Holstein investment bank" part 3 of paragraph 3 (d)), from the European Commission to the trust account of the transferred the administration of payments "agreement between EU Member States and of Schleswig-Holstein investment bank" part 3 of 4 within the meaning of paragraph the transfer of funds, e) the leading partners in accordance with the grant agreement, f) keeping records of the amounts that are recoverable from already made payments of Community assistance, the recovery and repayment "agreement between EU Member States and of Schleswig-Holstein investment bank" part 3 of paragraph 13. 3. KT provides information "IB" financial control Department, for which it required to prepare statements of expenditure and payment of interim final reports, as provided for in the agreement between the EU Member States and the EIB-wig-Schl Holstein "part 3 of paragraph 2. § 3 CTS program to do additional tasks 1. in addition to the Treaty 1 and 2, the obligations set out in part a CTS is also responsible for the following functions: (a) the application process) project management, information and advice for applicants, application verification and prior evaluation, as well as the provision of information to the partners of decisions, (b)) the provision of advice and support for the implementation of the activities of the project and financial administration, c) development projects in process monitoring by collecting and examining the project monitoring reports, the results of monitoring, financial implementation indicators and implementation progress, d) supervisory duties and payment of funds FROM the ERDF programme level, e) reporting to the UVK quarterly payments at the level of the programme, as well as the project (program execution) level, f) and the organisation of measures to promote the development and implementation of the project, g) cooperation obligations of the authority, working with the authorities in the implementation of the programme The European Commission and, in particular, to other areas, INTERREG III C h) programme of cooperation with the relevant organizations, institutions and networks. 2. prepares and executes the CMO UVK decisions. CTS also performs the basic functions of the Secretariat, representatives of the Committee sending out notices and letters of invitation with the agenda for meetings of the projects and the necessary documents, preparing protocols, etc. § 4 the separation of duties in view of the fact that the "IB" works as both MI VI, taking responsibility and commitment to the European Commission about the program's management and the accuracy and efficiency of execution, in accordance with Council Regulation (EC) No 1260/1999, article 34 paragraph 1, as well as administering payments in accordance with article 32 of the regulation above, "IB" in their organizational structure ensures that this Charter, 1. and 2. referred to in part VI and KT does not perform the function of MI the same CTS staff. § 5 Authority and guidance 1. Under Part 4 "IB" in relation to the European Commission, KT is "IB" functional/vocational exposure in those areas relating to parts 1 and 2 of that support. 2. the "IB", Executive Director, in accordance with the attached organizational structure is entitled to give instructions to the program director (part 6) in areas relating to the provision of support to the CMO Regulation 1 of part a of paragraph 2) – (k)) and part 2, points 1 and 2. In accordance with the attached organizational structure operationally independent "IB" financial control Department is entitled to give instructions to the Director of the programme in areas relating to the provision of this support CTS Charter, paragraph 2 of part 1 l) and paragraph 3 of part 2. 3. in relation to this regulation, part 3 of the CTS, CTS are obligations only of UVK functional/vocational Chairman. In the context of the above duties program director works the President of the command. § 6 program director 1. Program Director is responsible for the CTS job management and coordination. All CTS staff are directly exposed to the program director. 2. Each October 31, program director for the "IB" and submit a report on the TP UVK budget, next year's budget and the schedule (work plan). Program Director, this Charter, 1-3 KT referred to delegate certain duties to KT employees and their deputies. Developing a work plan, the Director shall pay particular attention to the conditions of part 4 of the Statute. 3. The draft budget and work plan approved by the "IB" and UVK each December 31. § 7 employee exposure 1. Cts has employees from different countries. Number of staff and qualifications comply with the Charter, part 1-3 CTS set functions. 2. Decisions on CTS workers, wages and working conditions in accordance with the monitoring and Steering Committee Charter 1-part 5 shall be adopted, the Working Group, which includes program director, as well as "IB" and UVK representative. This working group also assessed the candidates ' application documents, interviewed the candidates and decide on their employment in a particular position. 3. on the basis of the decision adopted by the Working Group, "IB" with KT staff contracts shall be concluded in German, under the laws of Germany. To ensure an easier process, "IB" shall prepare all the work contracts of the translations in English as soon as possible and submit them to the working group. "IB" should ensure that all employment contracts stated that this Charter becomes an integral component of 4. Personnel Administration and payroll accounting functions for the CTS office workers take "IB". 5. the Director shall take decisions on the conditions, as well as vacation, budget, travel, special training and overtime conditions. 6. this regulation provides for all statutory activities of work (dismissal, etc.), on which the decision of the hearing the employee assumes the part referred to in paragraph 2 of the working group. "IB" executes the decisions taken by the Working Group in this area. § 8 Service and technical support 1. "IB" provides additional services that are required for the effective implementation of the programme, including advice on legal, tax, financial, accounting and liquidity issues. 2. For optimum cost "IB" guarantees the necessary technical support, such as premises and office facilities. § 9 CTS location 1. KT is located IB premises in Rostock. The official address of the Office is as follows: INTERREG IIIC North zone Joint Technical Investitionsbank Schleswig-Holstein Secretariat Grubenstr, 18055 Rostock, Germany 20 Te.: + 49 381 45484 5281 fax: + 49 381 45484 5282 e-mail: interreg3c@spatial.baltic.net 2. Cts Office is considered to be the work of his employees.

Agreement between the European Union Member States and the Investitionsbank Schleswig-Holstein for the implementation of the Community initiative INTERREG IIIC North zone programme the following agreement for the implementation of the Community initiative programme INTERREG IIIC North zone (CCI 2001 RG 16 0 PC 019) ", hereinafter referred to as the CIA, approved by the European Commission on 31 December 2001 (Decision number K (2001)-4771) , between the Kingdom of Denmark, represented by the National Agency for enterprise and Housing,/-the Republic of Estonia, represented by the Estonian Ministry of Internal Affairs, the Republic of Finland, represented by the Ministry of the Interior, the Federal Republic of Germany/, represented by the Federal Ministry of Economics and Labour, the Republic of Latvia/the, represented by the Ministry of Regional development and Local Governments in /the, Republic of Lithuania, represented by the Ministry of Interior, Republic of Poland, represented by/the the Ministry of Economy, Labour and Social Policy, the/the Kingdom of Sweden, represented by the Swedish Business Development Agency (Nutek), Investitionsbank Schleswig-Holstein and the Fleethörn 29-31, 24103 Kiel, Germany, represented by the Managing Director of Lutz Koopmann and Dr. Klaus rave, hereinafter referred to as – the IB-is concluded on the basis of EU regulations laying down provision • on the Structural Funds in particular, Council Regulation (EC) 1260/1999 of 21 June 1999 (OJ L 161, 26.6.1999, p. 1) as last amended by Regulation (EC) Of 1105/2003 of 26 May 2003 (OJ L 158, 27.6.2003, p. 3), Regulation (EC) 1783/1999 of the European Parliament and of the Council of 12 July 1999 (OJ L 213, 13.8.1999, p. 1), Commission Regulation (EC) Of 11 July 1681/94 of 1994 (OJ L 178 , 12.7.1994, p. 43), 28 From 643/2000 of March 2000 (OJ L 78, 29.03.2000, p. 4), From 1159/2000 of 30 May 2000 (OJ L 130, 31.5.2000, p. 30), of 28 July 2000 of the 1685/2000 (OJ L 193, 29.7.2000, p. 39), as amended by Regulation (EC) Of 448/2004 of 10 March 2004 (OJ L 72, 11.3.2004, p. 66), From 438/2001 of 2 March 2001 (OJ L 63 , 3.3.2001, p. 21), as amended by Regulation (EC) of 27 December 2002 From 2,430/2002 (OJ L 351, 28.12.2002, p. 42) from 448/2001 of 2 March 2001 (OJ L 64, 6.3.2001, p. 13), • the Communication from the Commission to the Member States of 28 April 2000 laying down guidelines for a Community initiative concerning trans-European coop-a harmonio of the intended encourag the substantive and balanced development of the European territory-Interreg III (OJ C 143 , 23.5.2000, p. 6; OJ C 239 of 25 August 2001, amended, p. 4) herein after referred to as,-the INTERREG guidelines, • the Communication from the Commission to the Member States of 7 May 2001 "INTERREGIONAL COOPERATION" Strand C of the Interreg III Community initiative (OJ C 141, 15.5.2001, p. 2), hereinafter referred to as the INTERREG IIIC, and • the Communications to the Commission Communications of the European communities according to article 5 of Commission Regulation (EC) 438/2001 for all INTERREG IIIC programme. Preamble the Member States of the EU, the Republic of Estonia the Kingdom Denmark, the Republic of Finland, the Federal Republic of Germany, the Republic of Latvia, the Republic of Lithuania, the Republic of Poland and the Kingdom of Sweden (hereinafter named Member States) designated the IB to act as managing authority, paying authority and host of a joint technical secretariat for the operational management of the programme. They decided to lay down rules for the services, rights and duties of the managing authority acting as IB, paying authority and host of a joint technical secretariat in agreements between them and the IB (Chapter 3.1.1 the CIA). According to this each of the Member States of the following conclud agreement in identical text with the IB. Should the Member States during the term of the CIA to decide on further tasks for the IB, the IB shall fulfil these tasks according to the following provision. § 1 the duties of the IB 1. The IB, in the scope of carrying out the CIA, to fulfil the functions of the managing authority (hereinafter referred to as MA) within the meaning of articles 9 (n) and 34 of Council Regulation (EC) 1260/1999 and point 30 of the guidelines for INTERREG and the function of the paying authority (hereinafter referred to as PA) within the meaning of Article 9 (o) and 32 of the aforementioned Regulations. 2. For the administrative implementation of the IBA sets up and hosts a joint technical secretariat (hereinafter referred to as JT) according to the stipulation of the CIA. The JT will be located in Rostock, Germany. 3. the Further definition of the tasks and responsibilities of the JT and the IB, acting as the MA and PA, as well as regulations on supervision and rights to issue instructions to the JT with a let down in rules of Procedure of the JT is the mobility scooters to which this agreement as an appendix. 4. appoin Herewith the Members States to the IB to administer the Structural Funds in its own name and for the account of the Member States. 5. The IB carr out the tasks appointed in compliance with the regulations that apply to the Structural funds mentioned above as basis of this agreement, the regulations of the CIA and the following regulations. 6. In carrying out its tasks, the IB shall comply with any amendments made to the Structural Funds regulations and to the CIA. In case of substantial changes, the parties to this agreement will enter into negotiation on adjustments to this agreement. § 2 Management 1. Without prejudice to article 8 (3) of Council Regulation (EC) 1260/1999 From the IB, acting as MA, is responsible for the efficiency and correctnes of the management and implementation, in particular for (a) setting up a system to gather reliable financial and statistical information on implementation, for the monitoring indicators referred to in article 36, for the evaluation in compliance with articles 42 and 43 of Council Regulation (EC) 1260/1999 and for forwarding this data by using, where possible, computer systems permitting the exchange of data with the European Commission, as defined in article 18 (3) (e) of Council Regulation (EC) 1260/1999, (b) the adjustment in accordanc with article 34 (3) and the implementation of the programme within the meaning of complemen to article 18 (3), without prejudice to article 35 of Council Regulation (EC) 1260/1999 (c) drawing up and, after obtaining the approval of the Monitoring and Steering Committee for the implementation of the CIP (hereinafter referred to as MSC), submitting the annual implementation report to the European Commission (article 37 of Council Regulation (EC) 1260/1999), (d) organising the mid-term evaluation referred to in article 42 of Council Regulation (EC) 1260/1999 in cooperation with the European Commission and the Member States (e) ensuring that the bodies taking part in the management and implementation of the assistance maintain either a separate accounting system or an adequat accounting code for all transactions relating to the assistance, (f) ensuring the correctnes of operations financed under the assistance, particularly by implementing internal controls in keeping with the principles of sound financial management and acting in response to any observations or requests for a measure adopted by pursuan correctiv to article 38 (4) , first subparagraph, or recommendations for adjustment made under article 34 (2) of Council Regulation (EC) 1260/1999 in accordanc with the provision of those articles, (g) ensuring compliance with Community policies as stipulated in articles 12 and 34 (1) (g) of Council Regulation (EC) 1260/1999 (h) ensuring compliance with the obligations concerning publicity referred to in information and in article 46 of Council Regulation (EC) 1260/1999 and in Commission Regulation (EC) 1159/2000 , and (i) organising, according to point 30 of the INTERREG guidelines, the preparation of the decision to be taken by the MSC, in particular, considering accepting and giving preliminary assessment of operations proposed for financing or co-ordinating such tasks. Without prejudice to these provision of the IB, carrying out its tasks as MA, shall act in full compliance with the institutional, legal and financial system of the Federal Republic of Germany (art. 34 (1) subparagraph 2 of Council Regulation (EC) 1260/1999). 2. Regarding § 2 of the. (1) (h) the IB designat on or more persons to be responsible for information and publicity and inform the European Commission of those designated. To support the IB the competent national and regional authorities of each Member State shall take all the appropriate administrative steps to an effective application of ensur all arrangements that rest upon a Commission Regulation (EC) 1159/2000 and to collaborat with the European Commission. 3. According to article 7 (3) of Commission Regulation (EC) 438/2001 as amended by Regulation (EC) Of 2,430/2002, the MA shall satisfy itself that there are procedures to ensur that documents referred to in Commission Regulation (EC) 438/2001, article 7 (2) (a) as inserted by Commission Regulation (EC) Of 2,430/2002 is held in accordanc with the requirements of article 38 (6) of Council Regulation (EC) 1260/1999 and with Annex I to Commission Regulation (EC) 438/2001. The MA shall also satisfy itself, that a record is maintained of the body holding them and its location and that the documents are made available for inspection by the persons and bodies mentioned in article 7 (3) (c) of Commission Regulation (EC) 438/2001 4. According to article 9 (3) and 9 (4) of Commission Regulation (EC) 438/2001 From the MA shall ensur that the accounting department of the IB as stated in § 3 of the 2 IR the skipper informed of the procedures operated by the MA to verify the delivery of the products and services and the co-financed expenditure claimed, it is the reality of ensur is compliance with the applicable rules, and to maintain the audit trail, so that the sufficiency of the control systems and the audit trail can always be taken into account before a statement of expenditure is presented to the European Commission. § 3 Application for payment, subsidy contract, payments to lead partners 1. The IB, acting as PA, shall apply for contributions from the Structural funds and shall send the updated forecasts of applications for payment for the current year and the forecast for the following year to the European Commission, from the later than 30 April of each year. 2. The Member States designat the IB, acting ALONG the axis, the article 32 pursuan (6) of Council Regulation (EC) 1260/1999, to issue the certificates and declarations referred to in articles 32 (3) and 32 (4) of this Regulation. The certificates of statements of interim and final expenditure referred to in the These articles shall be drawn up in the form prescribed in Annex II of Commission Regulation (EC) 438/2001 by the accounting department of the IB. According to article 9 (1) of the aforementioned Regulations this Department is functionally independent of any services that approve of the IB Office claims. Before certifying a given statement of expenditure, the accounting department of the IB shall satisfy itself that the MA has fulfilled the requirements of Council Regulation (EC) 1260/1999, in particular articles 38 (1) (c) and 38 (1) (e) and Article 32 (3) and 32 (4), and observed the terms of the Commission's decision under article 28 of the aforementioned Regulations , and that the statement of expenditure includes only expenditure – of that has been actually effected within the eligibility period to let down in the decision in the form of expenditure by final beneficiar, within the meaning of paragraphs 1.2 and 1.4 and 2 of rule 1 of the Annex to Commission Regulation (EC) 1685/2000 as amended by Regulation (EC) Of 448/2004 , which can be supported by audited financial reports, that has been incurred in operations that were selected for funding under the particular assistance concerned in accordanc with its selection criteria and procedures and that have been subject to Community rules throughout the period during which the expenditure was incurred, and – from which all State measure for AIDS has been formally approved by the Commission , where relevant. 3. Article 15 of Pursuan to Commission Regulation (EC) 438/2001 From the IB, acting as the MA and PA, will supply the person or Department designated to issue declarations on winding-up of assistance under article 38 (1) (f) of Council Regulation (EC) 1260/1999 with all information required and will give access to the records and supporting evidence without drawing up the cessary for declaration. 4. According to article 32 (1) of Council Regulation (EC) 1260/1999 payments by the European Commission of the contribution from the Structural Funds are transferred to the PA; payments will be credited to a separate euro-currency (€) account (trust account) and have to be separately administrated by the IB as trust funds. 5. Article 32 Pursuan to (1) of Council Regulation (EC) 1260/1999 the PA shall ensur that final payment of beneficiar to receive their contributions from the Structural Funds as quickly as possible and in full. 6. The decision on the use of the available EU Structural Funds is effected by the MSC. Based on the decision of the MSC, the IB, acting as MA, IR a subsidy contract conclud in its own name with the Lead Partner of the operations for the account of the Member States. When concluding the subsidy contract the MA may note deviat from the ruling of the MSC. 7. The MA shall be responsible for legal and technical control before concluding the subsidy contract. If the control by the MA results in the requirements for the conclusions not being fulfilled, it will without delay inform the MSC. 8. The subsidy contract is to be concluded in euro (€). 9. Before paying out the funds to proper compliance with the conditions stated in the subsidy contract, in this agreement, the CIA and the relevant EU regulations and shall be checked by the EU Decision to the PA. 10. Payments may only be made by the PA if the Lead Partner provides proof of the progress of the operations within the approved action plans by presenting regular progress reports consisting of an activity report and a financial report. The financial report has to be signed by an auditor, accountant or financial manager independent from the operation's activities, certifying the eligibility of the expenditure declared. The Lead Partner must also provide proof of having received proportionat national co-financing. Details with the defined in the subsidy contract with the Lead Partner. 11. Funds will be disbursed in euros (€) to an account named by the Lead Partner. The rate of exchange risk is borne by the Lead Partner. 12. Any interest income earned on ERDF funds must be spen on the program operations in accordanc with the decision of the MSC. 13. In accordanc with article 8 of Commission Regulation (EC) 438/2001 the PA shall keep an account of the non recoverabl from payments of Community assistance already made, and ensur that the non with the recovered without unjustified delay. After recovery, the PA shall repay the irregular payments recovered, together with interest received on account of late payment, by deducting the non is concerned from its next statement of expenditure and request for payment to the Commission, or, if this is insufficient, by effecting a refund to the Community. The PA shall send the Commission once a year, in annex to the fourth quarterly report on the supplied under Commission Regulation recover (ECU) From 1681/1994, (a) a statement of the awaiting recovery at that non of the data, by the year of initiation Classifieds of the recovery proceedings. § 4 cut and Recourses of Subsidies If the IB 1 to gain knowledge of irregularit, especially regarding inappropriate implementation by the Lead Partner, it shall without delay inform the MSC and those Member States who would be liabl in the case of a right of recourses is according to the regulations of the CIA. 2. The members of the MSC representing those Member States, who in the case of (a) the right of a would be liabl, recourses shall decide on a cut or recourses. The IB has not the undertak the cessary steps with respect to the Lead Partner in the agreement with the members of the MSC representing the Member States concerned in the case of such a cut or recourses. 3. Should the members of the MSC representing the Member States concerned decide that a cut or recourses is not to be effected, they shall release the IB from any demand whatsoever from the European Commission, from the Member States concerned, from the other Member States and from other third parties, for whatever legal reason. 4. Should a Lead Partner not comply, within the set time, with the demand of recourses by the IB, a loss shall be assumed to be established. The IB shall without delay notify the MSC and those members of the MSC representing the Member States that are effected. 5. In the case of (a) the right of the IB recourses is obliged to transfer all rights arising from the subsidy contract to the Member States affected and to put at their disposal all the information not for the legal prosecution cessary. 6. In urgent cases the IB may measure their prosecution safeguards initiat recourses of demand (e.g. interim injunction) in agreement with the members of the MSC representing the Member States concerned; in this respect it shall notify the MSC without delay. 7. The sum received by the IB from the recourses of subsidies with to be credited to the trust account. 8. Should expense for legal advice or legal charges «arise for the IB in the scope of a right of recourses, then these in as far as they – not accounted for by the cost to reimbursemen § 7 – with pursuan to be reimbursed to the IB by those Member States which would be effected by (a) the right of recourses. 9. as much as the IB In contraven the legal provision or the duties as defined under this agreement, this is to be considered in any case of a right of recourses and a possible contributory gligenc not on the part of the IB is to be charged. § 5 duties of Reporting and Auditing Rights 1. The PA shall present proof on the use of the funds to the Member States once a year by July 31st of the following year. The proof shall be confirmed by the auditor as named in § 5 of the. 7 if the MSC so decide. 2. The PA shall draw up operation oriented quarterly survey for the Member States on the commitment and payments in compliance with the standard model of the EU. Upon special request of a Member State, the PA will produce reports, showing relevant data on operations and expenditure in respect of the Member State. 3. The PA shall verify the use of the funds is merely based on the operations related progress reports, including audited financial reports, presented by the Lead Partner. Should there be any suspicion of irregularit to the PA shall without delay inform the members of the MSC representing the Member States affected and the bodies nominated according to point 31 of the INTERREG IIIC Communications. 4. The responsible EU auditing bodies and the auditing bodies of the Member States and of the German Länder in the scope of their responsibilities with the entitled to examin the proper use of the funds by the Lead Partner. The Member States and the IB shall mutually inform each other support and in the course of the auditing of funds as allocated. 5. The EU auditing bodies responsible, the Federal Court of Auditors (Bundesrechnungshof "") and the Court of Auditors the respectiv of the Land Schleswig-Holstein ("Landesrechnungshof") is entitled to audit the use of the funds as agreed upon at their expense at the premise of the IB, or to have this carried out by an appointe ... The IB shall place all required documents at their disposal and give any required information and allow access to it for the business premise. The audit solely covers the use of the funds in the scope of the CIA, not however, any other financial or economic management of the IBA. 6. The MA shall take care to ensur that the subsidy contract it has concluded with the Lead Partner grants all rights to the inspection the auditing bodies. 7. The fulfilmen of the tasks designated to the IB shall be audited by an independent auditor in charge of the audit of the annual accounts of the IB and, if the MSC so decide, be published in a separate report. 8. The auditing Department of IB can inspect the proper fulfilmen of the tasks designated to the IB, the scope of which it itself has to define. § 6 Discretionary power in relations to the management of operations 1. The MA can decide on changes in as much as the purpose and the other basic features of the operations are not altered. It can also decide on changes which do not have consequences upon the eligibility or the results of the operation. In particular the MA can decide on an extension of the duration • of the operations by up to six months (not extending the deadline of the programme), • an extension of the date by which progress reports have to be presented by the Lead Partner by up to six months, a reallocation of the budget between budget lines, components and partners from the same objective area by up to 20 per cent from the original budget as stated in the approved application • a reduction of the total INTERREG IIIC North operations approved budget when a partner is dropping out or is reducing its activities. 2. The MSC decide in all other cases. § 7 Regulation of Expense the expense arising to the IB of from fulfilling its tasks as stated in the CIA and in this agreement are covered by funds provided by the TA budget, consisting of ERDF funds and the national co financing-contributions by the Member States and the contributions by the Kingdom of Norway. § 8 Final Regulations Written and oral communications 1 between the IB and the Member States is carried out in English. 2. If any provision of this agreement should be or become wholly or, to clear, all other provision of ineffectiv remains valid. The parties to this agreement will not all cessary undertak steps and actions to replace the provision by the United Nations effective ineffectiv provision which comes as close as possible to the purpose of the provision of ineffectiv. 3. In the case of a difference not ruled by this agreement, the parties agree to find mutually a acceptabl solutions. 4. The Member States shall in their utmos to undertak support the IB in its efforts to comply with the tasks it pursuan this agreement. Each of them shall name an addresse in its sphere of jurisdiction who is solely responsible for all enquir and reports of the IB. 5. Amendments to this agreement, including the waiving of the written form, require written approval. 6. This agreement shall be made retrospectively. For the new Member States Estonia, Latvia, Lithuania and Poland, it shall enter into force on 1 May 2004; considering article 52 (4) of Council Regulation (EC) 1260/1999 (as published in OJ L 236, 23.9.2003, p. 661), it shall apply to these Member States from 1 January 2004 it accordingly already 30 April 2004.7. This agreement shall apply for the duration of the implementation of the CIA, including the preparation of the final report according to article 37 of Council Regulation (EC) 1260/1999 and the winding-up of the CIA. It will be signed in three originals. Place and date: … … … … … … … … … … …. Place and date: … … … … … … … … … … … … …. Signature(s): ........................................... Signatures: ................................................ Investitionsbank Schleswig-Holstein Kingdom of Denmark Estonia Finland/Republic of/Republic of/Republic of/Federal Republic of Germany Latvia Lithuania Poland/Republic of the/Republic of/Kingdom of Sweden Annex 1 rules of Procedure of the INTERREG III C North zone Joint Technical Secretariat preamble In accordanc with • the EU regulations laying down provision on the Gotland, in particular Council Regulation (EC) 1260/1999 of 21 June 1999 (OJ L 161 , 26.6.1999, p. 1), Regulation (EC) 1783/1999 of the European Parliament and of the Council of 12 July 1999 (OJ L 213, 13.8.1999, p. 1), Commission Regulation (EC) Of 11 July 1681/94 of 1994 (OJ L 178, 12.7.1994, p. 43), 28 From 643/2000 of March 2000 (OJ L 78, 29.03.2000, p. 4), From 1159/2000 of 30 May 2000 (OJ L 130 , 31.5.2000, p. 30), of 28 July 2000 of the 1685/2000 (OJ L 193, 29.7.2000, p. 39), From 438/2001 of 2 March 2001 (OJ L 63, 3.3.2001, p. 21) and 448/2001 of 2 March From 2001 (OJ L 64, 6.3.2001, p. 13), • the Communication from the Commission to the Member States of 28 April 2000 laying down guidelines for a Community initiative concerning trans-European cooperation intended to encourag-harmonio and balanced development of the European territory-Interreg III (OJ C 143, 23.5.2000, p. 6, OJ C 239 of 25 August 2001, amended, p. 4), hereinafter referred to as the INTERREG guidelines, and • the Communication from the Commission to the Member States of 7 May 2001 "INTERREGIONAL COOPERATION" Strand C of the Interreg III Community initiative (OJ C 141 , 15.5.2001, p. 2), hereinafter referred to as the INTERREG IIIC Communications. the EU-Member States Denmark, Finland, Germany and Sweden have designated Investitionsbank Schleswig-Holstein, the central division of Landesbank Schleswig-Holstein Girozentrale, (hereinafter referred to as IB) as host of a joint technical secretariat for the operational management of the Community initiative INTERREG IIIC programme North zone (CCI 2001 RG 16 0 PC 019), approved by the European Commission on 31 December 2001 (Decision number K (2001)-4771) , hereinafter referred to as the CIA. These provision according to the IB Seth up and hosts the "INTERREG IIIC North zone Joint Technical Secretariat (hereinafter referred to as JT) for which the following rules of procedure shall apply. Ut300r2u mobility scooters to the "agreement between the EU Member States and the Investitionsbank Schleswig-Holstein for the implementation of the Community initiative INTERREG IIIC North zone programme". § 1 support to the managing authority 1. The JT will supports the managing authority (MA) in fulfilling its tasks as defined in the EU-regulations, especially in the Council Regulation (EC) 1260/1999 of 21 June 1999, and in § 2 of the agreement between the EU Member States and the Investitionsbank Schleswig-Holstein. 2. In particular the JT will supports the MA with regards to the following tasks: (a) the MA) setting up a system to gather reliable financial and statistical information on implementation, for the monitoring indicators referred to in article 36 of Council Regulation (EC) 1260/1999, for the mid-term and the ex-post evaluation as described in article 42 and 43 of the aforementioned Council Regulation and for forwarding this data , b) adjustment of the programme and its complemen implementation within the meaning of article 18 (3) of Council Regulation (EC) 1260/1999 c) drawing up and submitting the annual implementation report within the meaning of article 37 (2) of Council Regulation (EC) 1260/1999, d) organising the mid-term evaluation referred to in article 42 of Council Regulation (EC) 1260/1999 , e) ensuring that the bodies taking part in the management and implementation of the assistance maintain either a separate accounting system or an adequat accounting code for all transactions relating to the assistance, f) ensuring the correctnes of operations financed under the assistance, particularly by implementing internal controls in keeping with the principles of sound financial management and acting in response to any observations or requests for a measure adopted by pursuan correctiv to article 38 (4) , first subparagraph, or recommendations for adjustment made under article 34 (2) of Council Regulation (EC) 1260/1999 in accordanc with the provision of those articles, g) ensuring compliance with the Community policies as stipulated in articles 12 and 34 (1) (g) of Council Regulation (EC) 1260/1999 h) ensuring compliance with the obligations concerning publicity referred to in information and in article 46 of Council Regulation (EC) 1260/1999 and in Commission Regulation (EC) 1159/2000 i) organising, according to point 30 of the INTERREG guidelines, the preparation of the decision to be taken by the Monitoring and Steering Committee for the implementation of the CIP (hereinafter referred to as MSC), in particular, considering accepting and giving preliminary assessment of operations proposed for financing or co-ordinating such tasks, j) concluding subsidy contracts with the Lead Partner of operations , k) the person supplying or Department designated to issue declarations on winding-up of the assistance under article 38 (1) (f) of Council Regulation (EC) 1260/1999 within the meaning of § 3 of 3 of the agreement between the EU Member States and the Investitionsbank Schl-wig-Holstein, and l) informing the financial control Department of the IB within the meaning of § 2 of 4 of the agreement between the EU Member States and the Investitionsbank Schleswig-Holstein. § 2 support to the paying authority 1. The JT will supports the paying authority (PA) in fulfilling its tasks as defined in the EU-regulations, especially in the Council Regulation (EC) 1260/1999 of 21 June 1999, and in § 3 of the agreement between the EU Member States and the Schleswig-Holstein Investit-onsbank. 2. In particular with regards to the supports by JT to the following tasks: (a)) by drawing up and submitting payment applications (payments on account, interim payments and payments of the final balance) to the European Commission, if a payment application including is not taking the acceptabl-cessary steps to remedy this situation, (b)) to their article pursuan 32 (7) of Council Regulation (EC) 1260/1999 From sending the updated forecasts of applications for pay-menu for the current year and the forecast for the following year, c) supplying the person or Department designated to issue declarations on winding-up of the assistance under article 38 (1) (f) of Council Regulation (EC) 1260/1999 within the meaning of § 3 of 3 of the agreement between the EU Member States and the Investitionsbank Schl-wig-Holstein, d) administration of payments from the European Commission transferred to the trust account within the meaning of § 3 of the 4 of the agreement between the EU Member States and Investitionsbank Schleswig-Holstein, the e) paying out funds to the Lead partners in compliance with the contract and subsidy, f) an account of a non keeping recoverabl from payments of Community assistance already made, recovery and a repaymen within the meaning of § 3 of 13 of the agreement between the EU Member States and the Investitionsbank. 3. The JT will shall also support the financial control Department of the IB with any information, which is not cessary for the drawing up of the certificates of statements of interim and final expenditure by this Department as described in § 3 from 2 of the agreement between the Member States and the Investitionsbank Schleswig-Holstein. § 3 Further programme related tasks of the JT 1. Apart from the tasks mentioned in § 1 and § 2 the JT in particular fulfil the following tasks: (a) managing the application process) for all operations, including information and advice to applicants (e.g. by means of the application package), checking and pre – assessing applications, and informing partners of the decision, b) providing advice and assistance to operations regarding implementation of activities and financial administration monitoring progress, c) made by operations through collecting and checking the monitoring reports, monitoring outputs, results and financial implementation, (d) commitment monitoring and payments) of ERDF funds at the program level, e) on quarterly basis, reporting to the MSC on commitment and payments at the program level as well as at the operations level, f) assisting and organising activities to support the generation and development of operations, g) liason with the implementing authorities , The European Commission and especially with other INTERREG IIIC zones, and h) co-operating with organisations, institutions and networks relevant for the objective of the program. 2. The JT will shall prepare, and implementations that follow-up decision of the MSC. The JT will shall also fulfil the usual work of a Secretariat such as sending out the invitation letter for including a draft agenda and supporting documents to the members of the MSC and their drafting of minutes, deput, etc. § 4 separate performance of tasks Based on the fact that the IB is acting both as MA and PA and is therefore is responsible to the European Commission both for the efficiency and correctnes of management and implementation within the meaning of article 34 (1) and the administration of payments within the meaning of article 32 of Council Regulation (EC) 1260/1999, the IBA specifically guarantee within its organisational framework that the functions of the MA and PA, mentioned in § 1 and § 2, taken care of by different employees within the JT. § 5 Supervision and instructions 1. According to the responsibility of the IB towards the European Commission, as mentioned in § 4, the JT is subject to a functional/professional supervision of the IB, as far as the support of the JT is defined in § 1 and § 2 is concerned. 2. The operating director of the IB as defined in the attached organisation chart is authorised to issue instructions to the program director (§ 6), as far as the support of the JT is defined in § 1 of 2 a) – k) and § 2 No. 1 and 2 is concerned. The functionally independent financial control Department of the IB, as defined in the attached organisation chart, is an it issue instructions to the program director, as far as the support of the JT, defined in § 1 of the 2 l) and § 2 No. 3, is concerned. 3. Insofar as the task of the JT is mentioned in § 3 are concerned, the JT is exclusively subject to a functional/professional supervision carried out by the chairman of the MSC. In this respect the program director under the authority of acts the respectiv chairman. § 6 the program director 1. The program director is responsible for management of tasks and co-ordination of the workflow of the JT. All staff of the JT will report directly to the program director. 2. Each year by October 31st the programme director will submit to the IB and the MSC (a) a report on the use of the TA budget, a proposal for the forthcoming budget and a schedule of responsibilities (work plan) for the forthcoming year. The programme director to allocate the tasks mentioned in § § 1-3 specific employees of the JT and determin the substitute. While drafting the work plan the program director has in particular to take into account § 4.3. The work plan and the budget have to be approved by the IB and the MSC by December 31st every year. § 7 Staff Management 1. The JT will shall have international staff. The number and qualification of staff shall correspond to the tasks of the JT as defined in § § 1-3, 2. the Job description for the employees of the JT, salary levels and working conditions will be agreed by a Task Force, as stated in § 1 of 5 of the rules of Procedure of the MSC, consisting of the programme director and representatives of the IB and of the MSC. This Task Force will also evaluate the application documents, interview the applicants for the jobs and decide on the respectiv is employment. 3. Based on the decision of the Task Force, employment contracts for JT staff will be concluded with the IB in the German language and under German law. An English translation of each individual employment contract, prepared by the IB for the purpose only of convenienc, shall be submitted to the members of the Task Force as soon as possible. The IB shall ensur, that these rules of procedure to an integral part of each employment contract. 4. the Personnel files and payroll accounting for the JT Office staff will be administered by the IB. 5. The programme director decide on holiday applications and, in accordanc with the budget, one travel applications, applications for advanced training and on overtim. 6. All labour law measure, e.g. dismissal, have to be considered and, after having heard the employee concerned-decided upon by the Task Force named in the 2. The IB shall implementations that the decision made by the Task Force accordingly. § 8 services and infrastructure 1. The IB will provide all auxiliary services required for an efficient implementation of the programme such as legal advice, tax advice, financial advice, accounting and liquidity management. 2. The IB will provide infrastructure facilities, e.g. Office rooms and office equipment, in a most cost-effective way. § 9 Location of JT 1. The JT is located in Rostock at the IB. The official address of the Office is: INTERREG IIIC North zone Joint Technical Investitionsbank Schleswig-Holstein Secretariat Grubenstr. 20, 18055 Rostock Germany phone: + 49 381 45484 5281 Fax: + 49 381 45484 5282 Mail: interreg3c@spatial.baltic.net 2. The office location is place of employment.