A Memorandum Of Understanding Between The European Commission And The Government Of The Republic Of Latvia For The Implementation Of The Transitional Programme

Original Language Title: Par Saprašanās memorandu starp Eiropas Komisiju un Latvijas Republikas valdību Pārejas programmas ieviešanai

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/92342

Cabinet of Ministers Regulations No. 705 in 2004 (august 10. No 47 32) on the memorandum of understanding between the European Commission and the Government of the Republic of Latvia for the implementation of the transitional programme Issued under Cabinet installations Act 4 the first paragraph of article 3, paragraph 1. Memorandum of understanding between the European Commission and the Government of the Republic of Latvia for the implementation of the transitional programme (hereinafter referred to as the memorandum) with these rules is adopted and approved. 2. the memorandum shall enter into force for the period specified in article 21 and in order. Prime Minister i. Emsis Finance Minister o. Spurdziņš adopted and approved by the Cabinet of Ministers of 10 august 2004 Regulations No 705 memorandum of understanding between the European Commission and the Government of the Republic of Latvia for the implementation of the transitional programme, whereas article 34 of the Act of accession of transition was established as a temporary tool programma1 for the period from the date of accession and until the end of 2006; whereas the transition program is designed to help new Member States to strengthen their administrative capacity to implement Community legislation, continuing similar support, which was financed by pre-accession programmes; Whereas it is important to maintain the stability, continuity and simplicity of implementation structures and systems; Therefore, the European Community, represented by the European Commission, hereinafter referred to as ' the Commission ', of the one part, and the Government of the Republic of Latvia, hereinafter referred to as "beneficiary", of the other part, have agreed on the following. General provisions article 1 definitions 1. National Fund National Fund is central finance unit of the Finance Ministry, which means the transitional program gets to the recipient. 2. the Central Finance and contracting agency Central Finance and contracting agency is the State agency responsible for organizing the competition, Contracting and payments institution-building projects and other projects, if it specifically. Senior industry officer is responsible for the technical implementation of the project management. 3. Introduction the introduction of the institution of the institution is the national regulatory authority responsible for organizing the competition, Contracting and project management of the technical implementation, if it specifically. Central Finance and contracting agency may perform the duties of implementing bodies, such as the twinning (twinning) projects. 4. the national coordinator of the national coordinator of the foreign financial assistance (hereinafter National Coordinator) is a representative of the public administration (ministerial or Secretary level) responsible for programming development in the recipient country. The National Coordinator will also ensure coordination with other European Community (hereinafter the community) is responsible for the financial assistance and transitional programs, monitoring and evaluation. 5. The national officer national officer is the Government representative (Minister or Secretary of State), who has the overall responsibility for the implementation of the transitional programme and has the appropriate authorization. National Officer may delegate his or her duties, for not more than two other officials, but a national responsible officer remain responsible for the fulfilment of the obligations devolving upon it under this memorandum of understanding and other agreements. The national coordinator can not at the same time also be a national officer. 6. the responsible officer of the program officer is a Government agent, which monitors or led by the Central Finance and contracting agency or institution of the introduction. The program officer within the meaning of the national competent authority, after consulting the National Coordinator, and program officer directly responsible national official responsible for the Central Finance and contracting agency/institution and implementation of projects on sound financial management. 7. Senior officials of industry, senior industry officer is the public administration (Ministry/Agency) officers in the management of the institution for the implementation of the responsible program official responsible for the technical implementation of the project, where the Central Finance and contracts are responsible for administrative and financial project management. 8. the Joint Monitoring Committee Joint Monitoring Committee is the Committee participates in the National Coordinator, national officer and representatives of the Commission and responsible for transition programs the monitoring of their use. 9. Perseus Perseus is the European Commission's current financial reporting system. 10. the financial regulation shall apply to the financial regulation applicable to the general budget of the European communities. Council (EC, Euratom) of 25 June 2002 Regulation No 1605/2002 on the financial regulation applicable to the general budget of the European communities; OJ L 248, 16.9.2002, p. 1. Article 2 obligation of national officers in the § 1 national officer responsible for the implementation of the transitional programme. National Officer is solely responsible for the use of the transitional program until the program is closed. The National Executive shall ensure that compliance with the Community rules and procedures relating to the reporting and financial management, public procurement, competition and State aid, and that the reporting and information system is functioning. This includes the obligation to provide to the Commission information about all potential and actual cases of fraud and non-compliance cases. § 2 national officer maintains the financial reporting system for all transition programs. The national officers are obliged to carry out all the tasks that are necessary for the performance of the duties, including: (i)) to request and manage the funds of the Commission; II) appoint and monitor the programme officers in the Central Finance and contracting agency and each of the institutions in the implementation, in coordination with the National Coordinator; (iii)) to sign financial agreements with the Central Finance and contracting agency and the introduction of each institution, if required; IV) to make payments to the Central Finance and contracting agency and implementing bodies of the financial arrangements laid down in the Treaty; v) to ensure national and other movements, as a transitional programme of national programmes; vi) to ensure that is regularly updated by means of a transitional programme financial reporting system (Perseus), and the National Fund and the Central Finance and contracts or implementing institution comply with the reporting procedures; VII) at the end of the program, recover from the Central Finance and contracting agency or implementation institutions not used; (VIII)) together with the Commission and the National Coordinator to participate in the Joint Monitoring Committee. § 3 if any of the memorandum of understanding the obligations are not met, the transitional program funds must be repaid to the Commission. Article 3 § 1 of the implementing bodies on the implementation of the transitional programme national officer entrusted with the Central Finance and contracting agency and the society integration fund, which has been approved by the Commission in compliance with article 164 of the financial regulation requirements. § 2

The Commission may at any time withdraw the Central Finance and contracting agency and the society integration fund approval if it finds non-conformity with article 164 of the financial regulation. PROCUREMENT procurement article 4 § 1 of the purchase made by providing free access, fair competition and transparency in accordance with the relevant Community directives. § 2 the same way as the PHARE programme in the framework of twinning projects continue to apply for twinning project manual (Twinning Manual), pursuant to article 34 of the Act of accession (4). § 3 the Grant schemes to be implemented in conformity with the standard document issued by the Commission and the procedures that govern the implementation of the PHARE programme after their accession to the European Union, as well as subject to any special rules laid down in the financial decision. Article 5 § 1 of the taxation projects financed from the funds of the transitional program, the national legislation in the field of taxation. § 2 the transition program funds cannot be used for tax, customs and other dues. Value added tax is not eligible, unless it is fully paid the final recipient. Eligibility is not considered as a value added tax, which is recoverable, by whatever means, even if the final recipient is actually not regained. Article 6 of the financial flows in Bank accounts § 1 National Fund for each national program, funded by the transitional program, open a bank account in the central bank or the bank uses for which national fund has agreed with the Commission. Your bank account is a sub-account of the Central Finance and contracts and the society integration fund is authorised to make payments. If such a system can be introduced, the Commission and the National Fund may agree on different arrangements. § 2 The bank account of the deposited funds to receive the interest. The percentage of deposit accumulated amount must be reported to the Commission. § 3 the transactions in a bank account held in two signature system, subscribing to national officer and Chief accounting officer. § 4 the National Fund shall provide the Commission with full information on all of the required bank account is transferred to the transition program. The required information within the meaning of the name and address of the bank, account number, account holder names, interest rates and other information that the Commission considers necessary. Article 7 the Commission's demand for funds § 1 By the Commission communication on financial decision making, granting funding to national programmes and the financial agreement signed between the National Fund and the implementing agencies (the society integration fund and the Central Finance and contracting agency), the National Fund receives a first payment of up to 20% of the funds provided for the advance maksājumu2. In addition to the National Executive shall submit to the Commission information on appointees program officers and the command and control system description, detailing the flow of information between the National Fund, the society integration fund and the Central Finance and contracting agency and payment arrangements. § 2 the next two payments are intermediate and advance maksājums3 restore-each up to 30% of the funds provided. Second, the transfer shall take place when the society integration fund and the Central Finance and contracts are paid 5% of the budget. Third payment may be requested when it is paid 35% of the approved total budget. The fourth payment shall be made when it is paid 70% of the approved total budget and when all contracts have been signed. Exceptionally, the National Executive may require more than a certain percentage, if the Central Finance and contracting agency or foundation for social integration with the cash flow statement can prove that the required cash flow during the next period will exceed the percentages laid down. § 3 when the National Fund, the Central Finance and contracting agency and the society integration fund together exceed 15% of the total approved programme budget, the Commission may exceptionally authorize the payment, if the National Executive may provide justification that the available means can not perform the contractual obligations. § 4 payment requests, subject to the approval of the National Executive shall be submitted to the Commission for approval and transfer. Payment requests shall be accompanied by: (i) the Declaration of expenditure), which sets the State (co-financing) and transitional programs feature total amount of contracted and paid out separately for each of the sub-programmes and projects and subprojects (if applicable), thus showing the relationships between the expected budget (e.g. national programmes) and the actual expenses and payments made under the Central Finance and contracting agency and the society integration fund rendered financial statements. The Declaration shall be accompanied by a table that displays the bodies monitoring the implementation of existing sub/projects and the relevant contracts and payments; (ii) where appropriate, regular) financial statements (Perseus), as specified in the signed contracts and payments made; III) bank account balance the comparison, indicating the amount of accrued interest on deposited funds, according to the National Fund, the Central Finance and contracting agency and the society integration fund open bank accounts; IV) article 12 paragraph 4 defined progress reporting. v) national officers written certification that the information provided in the application for payment is correct and that the implementation of the transitional programme takes place successfully and in accordance with national program objectives. The Commission reserves the right to request additional supporting information for the transfer of funds. § 5 the National Fund details shall keep records of all payments received for the implementation of certain programmes, subprogrammes and projects and subprojects (if applicable), funded by the transition facility. § 6 If the payments received from the Commission exceeds the total approved amount of expenditure, the National Fund shall be repaid to the Commission, the difference, the stuffy nose

or a final declaration. If you have not yet made the payment (except for the amount of the guarantee in the contract), the National Fund provides an explanation and, when these payments will be made. The National Fund shall report on a quarterly basis on the amount of the guarantee, and do not make payments. If these amounts are not paid to the contractor, shall be repaid to the Commission. 8. article comparing the balance of accounts § 1 no later than eight months after the execution of the contract, the National Fund shall submit the final Declaration of expenditure and a statement of the accuracy of the accounts, accuracy and truthfulness. At this point the total approved expenditure must be equal to the initial value of the contract, less the deductions and savings, of which agreed with contractors during the implementation of the Treaty. This amount must match the payments plus the amount of the guarantee is not paid. § 2 the declarations after the final review Committee provides opinions on those expenses that will not be financed from Community funds, if the Commission concludes that the expenditure complies with Community rules. The Commission's test results and conclusions on the financing of the expenditure shall be notified in writing to the National Fund, and then a month to provide a written answer. If a month after the National Fund's written answer is not reached, the Commission decides and determines the amounts which cannot be financed from Community funds, particularly in view of the non-compliance provisions of the degree and nature of the infringement of rules and the extent and financial losses in the community. § 3 After paragraph 2 of this article in that decision are recovered all eligible expenditure, without prejudice to article 18, paragraph 2, that the prevention of irregularities and subsequent adjustment funding. Funds recovered, the National Fund to pay them directly or by way of compensation in accordance with the Community rules. Article 9 § 1 of the project changes the National Coordinator and the national competent authority may require technical changes or reallocation of funds from one project to another, one national programme (programme adjustment). § 2 If the changes are technical or total break features represent less than 15% of the total amount of the project and the changes do not affect project objectives/results, the Commission shall inform in writing (with the National Coordinator and national officers signature). The Commission may object within 10 working days from the receipt of the notification. If the Commission has not given a reply within the time limit, it shall be deemed to be approved. § 3 If the project changes provide for:-the reallocation of funds, which cover less than 15% of the total project budget, but changes the objectives/results for any of the projects or the reallocation of funds exceeding 15% (total) from the project budget or technical changes that change the goals/results in any of the projects or existing projects or create new projects, request in writing (with the National Coordinator and national officers signature) submitted to the Commission for approval. § 4 If the redistribution of national resources in more than 15% of the total forecast or if changes are made to the program's objectives/results, a new Commission decision should be adopted. 10. Article undistributed funds to use transitional national programme funds undistributed funds, national coordinator must receive written approval from the Commission. Article 11 transfer of funds introduction institutions § 1 National Fund signed financial agreements with the Central Finance and contracting agency and the society integration fund. Financial agreements should comply with the requirements of the Commission of 2 March 2001, Regulation No 438/2001 Governing Council Regulation No 1260/1999 with regard to the management and control systems for assistance granted under the structural funds (regulation 438/2001) in article 5, and to provide for the transfer of funds in detail. § 2 the national fund transfers the funds to the Central Finance and contracting agency and the society integration fund, based on the cash flow calculation. § 3 the Central Finance and contracts and community integration fund shall submit to the national fund transfer requests in accordance with the needs of the financial agreement. § 4 based on the request and the supporting documents, the national competent authority shall examine any part of the previous grant Central Finance and contracting agency and the society integration fund is used and, if the request is based, a national officer approves the next transfer of resources. Central and financial contracts and integration fund will only make payments relating to contracts signed. § 5 the National Fund and the national officer responsible for ensuring that the Commission payments were made correctly and on the basis of correct information. § 6 (if applicable) If the Fund is a project of the national paying agency, it makes payments to contractors after the introduction institutions (the Central Finance and contracting agency or society integration fund). The National Fund shall report on payments to the Central Finance and contracting agency and the society integration fund to immediately enter the data of the Perseus system. REPORTING, financial control and audit reporting article 12 § 1 every 6 months the Central Finance and contracting agency and the society integration fund to the Commission in the prescribed form report on the monitoring of the

the implementation of these projects. The national coordinator shall provide the Commission with a general report on the implementation of the projects at least twice a year, going to the Joint Monitoring Committee meetings; report prepared more often if a single Monitoring Committee meet more frequently. § 2 the national fund use appropriate analytical accounting system which includes all contracts and other financial operations relating to programmes financed from the resources of the transition program. § 3 national officer shall ensure that the National Fund (if applicable), Central Finance and contracting agency and the society integration fund uses appropriate technical and financial reporting system (Perseus, t.sk. preliminary qualification and competition information) on all the transition programme, including the funds, which transferred the case to the Central Finance and contracting agency and the society integration fund. § 4 the National Fund finished quarterly updates on the financial situation of the programme, the planned contest, the contest and the contracts concluded, on how to implement the project, any problems encountered (if any), future forecasts and other necessary information required by the Commission. Where necessary, the Commission may request additional other reports. § 5 documents for all financial management, competition and the award of contracts shall be kept for at least five years from the date on which the European Parliament shall take a decision on the implementation of the last budget year relating to the implementation of the programme of the transitional features. The documents relating to transactions that have not yet been fully completed or on which the proceedings are kept for longer than the term provided for in the first subparagraph, that is, where appropriate, by the end of the year following that in which the transaction was completed or accepted the final decision of the proceedings. Article 13 of the management and control systems § 1 to ensure the transition of the program features of sound financial management in accordance with generally accepted principles and standards, the recipient shall implement management and control system. The system must meet the requirements laid down in article 164 of the financial regulas4, and in particular to ensure that Community funding demand accuracy, regularity and legality. § 2 the recipient's management and control systems necessary to ensure the Commission Regulation 438/2001, article 7 paragraph 2 of the requirements laid down in the appropriate flow diagrams. § 3 the competent national financial control authority take appropriate financial control of all institutions involved in the implementation of the programme. Article 14 Audit § 1 each year audit plan and a summary of the findings of the audits carried out shall be sent to the Commission. The audit report must be made available to the Commission. 2 § national fund accounting data and transactions and, where appropriate, the central financial contracts and society integration fund accounting data and transactions on a Commission check you can check the Commission itself or an external auditor, to which the Commission shall conclude a contract, without prejudice to the Commission's and the Court of Auditors of the European Union's rights and obligations. The National Fund, Central Finance and contracting agency and the society integration fund supports your accounting data and transaction availability of these tests. Measures are not in compliance and fraud prevention article 15 § 1 of the Definition is any non-compliance with community tiesību5 (including this memorandum of understanding), the Commission's decision concerning the transition program of the national programmes of the funds and the relevant treaty violation caused by the action or inaction of the authorities, and as a result developed or could lead to unjustified expenditure heading in the general budget of the European communities or budgets managed by the Communities. 2 § fraud is the intentional act or omission relating to: (i)) of false, incorrect or incomplete statements or documents, or the use of which causes its effect the misappropriation or wrongful retention of funds from the general budget of the European communities or budgets managed by the Communities, or which are managed on behalf of the community; (ii) the information is not disclosed), which in violation of a specific obligation with the same effect; III) funds for purposes other than those for which such funds are not allocated initially. § 3 active corruption is someone's intentional action that promises or gives, directly or directly to any type of benefit to its officials or any third party's behalf, to the official act or refrain from their duties in the relevant action or implement your own functions in violation of official duties, causes or possibly damaging the European Communities ' financial interests. Passive corruption is a deliberate action of the officers, directly or directly to requests or receives any benefit for himself or for a third party, or accepts a promise of such an advantage, to act or refrain from their duties in the relevant action or implement your own functions in violation of official duties, causes or possibly damaging the European Communities ' financial interests. Article 16 measures receiving § 1 the recipient provides the potential and actual fraud and non-compliance cases, the investigation and further action by the relevant national or community checks and set up a control and reporting mechanisms, consistent with the Commission's 1994 July 11 to Regulation No 1681/94 concerning irregularities and the financing of the structural policies and the recovery of sums wrongly paid in connection with the organisation of an information system in this jomā6. The Commission services should immediately be informed of all potential and actual cases of fraud and irregularities, as well as the measures which the public authority has taken in this regard. If it is possible or actual cases of fraud and irregularities to be reported to the Commission, the beneficiary shall inform the two months following the end of each quarter. § 2 the beneficiary shall take all appropriate measures to prevent and combat the passive and active corruption of all procurement procedures or the procedures for allocation of funds or to the implementation of the Treaty. Article 17 § 1 of Commission measures to all financial decisions, as well as the resulting contracts is the subject of Commission (including the European anti-fraud Office) the supervision and financial control and audit by the European Court of Auditors.

§ 2 in order to ensure efficient protection of the community's financial interests, the Commission may carry out on-the-spot checks and inspections in accordance with the 1996 of the Council of 11 November, Regulation (Euratom, EC) no 2185/967 on audits and on-the-spot checks carried out by the Commission in order to protect the European Communities ' financial interests against fraud and other irregularities, the procedures laid down. § 3 of these controls and audit applies to all contractors and subcontractors who have received Community funds. Article 18 recovery of fraud or non-compliance in the case of § 1 If during the implementation of the programme or as a result of the audit will identify any non-conformity or krāpšana8, the Commission shall recover the funds. § 2 the recipient is liable for failure to comply with the investigation. Actions taken include the prevention of non-compliance, the detection and repair, and reported to the Commission. The recipient shall keep the Commission informed about administrative and legal proceedings. The recipient shall make the financial corrections required in connection with certain discrepancies. Adjustments made by the beneficiary intends to cancel all or part of the Community contribution. The National Fund can reuse this freed community features the transition programme in accordance with this memorandum of understanding article 9. § 3 If, after completing the necessary verifications, the Commission concludes that a) Recipient has failed to fulfil his obligations under this memorandum of understanding article 18, paragraph 2 (b)), or you suspect that the project does not meet the or part of the financing, or c) in management and control systems have serious flaws that may lead to non-compliance, the Commission may suspend the relevant Pro-gramm-future financing and, stating its reasons, request the beneficiary to submit comments and If necessary, make adjustments within a certain time limit. § 4 at the end of the period set by the Commission, if no agreement has been reached and the Member State has not made the corrections, the Commission, taking into account the comments of the Member State, decide within three months to a) reduce or cancel any of the payments or b) make the financial corrections required by cancelling all the aid granted to the program or part thereof. The Commission shall, when deciding the amount of a correction, in accordance with the principle of proportionality, taking into account the type of irregularity or change and the extent and financial implications of the deficiencies found in the recipient's management and control systems. If no decision is taken on a) or (b)) the intended action, the funding stop immediately cease. § 5 national officer provides the means not or incorrectly paid the refund within sixty calendar days of the date of notification. If the national competent authority does not repay the funds it requires the community, the Commission shall reimburse the amount the beneficiary State. For amounts not repaid, interest is charged, when applying the rules laid down in the financial regulation. Monitoring and evaluation article 19 § 1 of the monitoring and evaluation of programme implementation of the transitional features the Joint Monitoring Committee. Joint Monitoring Committee, participating in the national officer, national coordinator and representatives of the Commission. It shall meet at least twice a year to review all programs financed from the funds of the transitional programme, and assess progress in implementing the objectives set out in the financial decision. Joint Monitoring Committee may recommend to the changing priorities and/or transition program reallocation of funds. § 2 the transition in the Joint Monitoring Committee shall provide assistance to the sectoral monitoring sub-committees, the National Coordinator, the introduction of the institution of each of the programme officer and the Central Finance and contracts. Representatives of the Commission shall invite the observers. Sectoral monitoring sub-committees to examine every detail of the status of implementation of the programme, including its component parts and contracts by the Joint Monitoring Committee shall be divided by the relevant management sectors. Each sector shall monitor the sectoral monitoring subcommittees, one on the basis of the Implementation bodies prepare regular monitoring reports and interim assessment, prepared by independent validation. The sectoral monitoring subcommittees make recommendations on management and structure and ensure their implementation. The sectoral monitoring subcommittees shall report to the Joint Monitoring Committee and provide it with a detailed general opinion on all their sectoral programmes financed from the resources of the transition program. § 3 Commission services shall ensure that after completion of the programme is perform the final evaluation of the programme. Miscellaneous article 20 visual identity/publicity programmes concerned officers are obliged to ensure that the necessary measures for the purpose of publicity all activities financed from the programme of transition. Article 21 final provisions in exceptional and duly justified cases, in certain financial decisions may lay down specific rules for the transition to Pro-gramm's national programme implementation, replacing this memorandum of understanding. This memorandum of understanding may be amended in writing by the parties ' mutual consent. This memorandum of understanding shall enter into force on the day of its signature by both parties.

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The Government of the Republic of Latvia, on behalf of the European Commission, national coordinator of the National Director General of DG enlargement Officer 1 EU 2003 Act of accession OJ L 236, 23.9.2003, 2 as laid down in Commission Regulation 2342/2002 105. in paragraph 1 of article 3 as specified in Commission Regulation 2342/2002 105. in paragraph 1 of article 4 of Council Regulation (EC, Euratom) of 25 June 2002 regulation 1605/2002; OJ L 248, 16.9.2000, p. 1 5 Community acquis, which is applicable to the beneficiary Member State 6 Commission of 11 July 1994 (EC) Regulation 1681/94; OJ L 178; 12.7.94; p. 43-46 7 Council (EC, Euratom) of 11 November 1996 regulation 2185/1996; OJ L 292; 15.11.1996; p. 2-5 8, in accordance with article 15 of this document definition, Minister of finance Spurdziņš o.