Amendments To The Cabinet Of Ministers Of 25 June 2003, Regulations No. 331 "procedure Be Prepared, Approved, Implemented, Monitored And Evaluated By The European Union's Pre-Accession Financial Instruments Phare Program"

Original Language Title: Grozījumi Ministru kabineta 2003.gada 25.jūnija noteikumos Nr.331 "Kārtība, kādā sagatavo, apstiprina, īsteno, uzrauga un izvērtē Eiropas Savienības pirmsiestāšanās finanšu instrumenta PHARE programmu"

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/87996

 
Cabinet of Ministers Regulations No. 390 Riga 2004 (April 22. No 24, 24) amendments to the Cabinet of Ministers of 25 June 2003, regulations No. 331 "procedure be prepared, approved, implemented, monitored and evaluated by the European Union's pre-accession financial instruments PHARE program" Issued under the cabinet installation article 14 of the law in the first part of paragraph 3 to make a Cabinet of 25 June 2003, regulations No. 331 "procedure be prepared, approved, implemented, monitored and evaluated by the European Union's pre-accession financial instruments PHARE programme" (Latvian journal , 2003, 97, no. 172) the following amendments: 1. Make the paragraph 4 by the following: "4. the Member States of the European Union twinning project administration (hereinafter referred to as the Twinning and Twinning Light project) is a component of the PHARE programme" strengthening the institution of the "ingredients".
2. Delete paragraph 5.
3. Replace the words "in paragraph 7.4 below: a guide" with the words "hereinafter referred to as the Twinning Guide".
4. Add to subparagraph 7.6 rules with the following wording: "7.6. Republic of Latvia regulatory enactments procurement."
5. Supplement with 7.1 and 7.2 of chapter I paragraph by the following: "7.1 PHARE decentralised implementation system (DIS) is an implementation of the PHARE programme in which the partner countries of the PHARE programme provides contracting and payments project performers without the mediation of the European Commission, but preserving the control of pirmsdarījum of the European Commission.
7.2 the PHARE programme extended decentralised implementation system (EDIS) is an implementation of the PHARE programme in which the partner countries of the PHARE programme provides contracting and payments project performers without the mediation of the European Commission in application of the laws of the Republic of Latvia to the requirements of the procurement and national officer taking full financial responsibility for PHARE funding. "
6. Add to subparagraph 11.3 after the word "and" with the words "to the European Commission decision on accreditation for EDIS with".
7. Express section 14.3. by the following: "14.3. DIS contracts under the PHARE programme in the implementation of the project, as well as the signature of other documentation related to the project;".
8. Supplement with 14.3.1 14.3.2 14.3.3 the following subparagraph, and: "the framework of EDIS 14.3.1 concludes cooperation agreement with senior industry officials on the implementation of the PHARE programme;
14.3.2 EDIS signature under Twinning Light and grant agreement;
14.3.3 the framework of EDIS to the oldest industry officials developed the PHARE programme project procurement plan. "
9. Supplement with 15.1 points as follows: "15.1 Central Finance and contracting agency is one of the institutions that provide the implementation of the PHARE programme for the implementation of the administrative and financial management in accordance with the financial memorandum. Central Finance and contracting agency administered the technical administration of the PHARE programme provides senior industry official. If the Central Finance and contracts of the PHARE programme in the project carried out the functions of the beneficiaries, the project provides technical management of the PHARE programme officer. "
10. To supplement the rules by 17.5.,.,., and 11.1 11.0 10.9. subparagraph by the following: "17.5. in accordance with national officers instructions submit technical and financial reports on the PHARE programme for the implementation of the project;
10.9. is responsible for the achievement of the objectives of the project;
17.7. ensuring the timely use of co-financing on the basis of a financial memorandum and of contracts;
11.1. provides project documents the national coordinator of the foreign financial assistance, the national coordinator of the Twinning projects, national officers, the PHARE programme officers proposed controls. "
11. Expressing points 18 and 19 by the following: "6. the Twinning Project National Coordinator is the Ministry of Finance of the European Union and International Affairs Department Director.
19. The National Coordinator Twinning projects: 19.1. provides for the preparation and implementation of the project coordination and monitoring;
19.2. the European Commission and the institutions involved in the project coordination;
19.3. participate in the senior officials meeting of the sector to evaluate and confirm the Twinning and Twinning Light submitted proposals. "
12. Add to 21.2. subparagraph after the word "consultations" with the words "PHARE programme officer".
13. Express 22 the following: "22. Priority components of the PHARE programme" strengthening institutions "and" investment in European Community law in General, "puts the Ministry of finance and the Ministry of Foreign Affairs, on the basis of the documents of the Council of the European Union" accession partnership ", Latvian National Programme for integration into the European Union and the action plan for the European Commission's regular report specified deficiencies."
14. Add to 22.7. subparagraph after the word "guidelines" with the words "the application of DIS".
15. Add to 38 after the word "approval" by the words "and the Cabinet of Ministers".
16. Add to 46 after the word "with" with the words "national" and the officials responsible.
17. the title of chapter XI be expressed as follows: "XI. implementation of the PHARE programme in application of DIS".
18. Put 50 as follows: ' 50. Purchase method in accordance with precise guidelines can be open competition, closed competition, pro-competitive negotiated procedure, the industry wide agreement subcontractor surveys, direct procurement, negotiation procedure or another method after coordination with the European Commission. Donation method is a grant scheme and direct grant allocation. Twinning and Twinning Light project partner selection method is the administration of the Member States of the European Union poll. "
19. Add to subparagraph 52.2.3. beyond words "Twinning agreement" concluded with the words "Twinning".
20. Replace the words "paragraph 53.1.3 evaluation" with the words "the administration of the Member States of the European Union, the selection of the meeting".
21. in paragraph 21.1.53.1.4.: delete the word "partner";
21.2. replace the word "Protocol" with the word "review".
22. the express section 13. by the following: ' 13. programme implementation monitoring phase, ensure the project materials to the value of records for permanent monitoring of the project of the PHARE programme, as well as providing industry monitoring report preparation and submission of national coordinator of the foreign financial assistance, to ensure the dissemination of the results of the project and the application in accordance with the objectives of the project. "
23. Amend paragraph 54 and 55.
24. Make 56 the following: "56. Grant Scheme has been after the signing of the financing memorandum, the Council of Europe organised the 2002 25 June Regulation No 1605/2002 on the conditions of Chapter 6, the matching gift allocation method, which is used to select, implement and monitor projects."
25. section 57.1. To express the following: "open applications 57.1. the tendering stage — ensure the grant scheme guidelines, issue a grant scheme of the guidelines for applicants and, if necessary, organize a grant scheme guidelines explaining the promoters, according to the proposals of the Commission for the evaluation of the reports and to inform the tenderers who have not passed the competition;".
26. The deletion of the words in 57.2 "to inform the tenderers who have not passed the competition".
27. To delete the words in subparagraph 57.4. "and" practical guidelines ".
28. the express section 58.2. by the following: "agreement of 58.2. implementation phase: to monitor the implementation of the scheme of grants to ensure its evaluations, to ensure the dissemination of the results of the project and the application in accordance with the objectives of the project."
29. Replace paragraph 59, the word "five" with the word "ten".
30. To supplement the provisions of this chapter XI1: "XI. 1 implementation of the PHARE programme, the application of the Implementing Authority 59.1 EDIS provides a project of the PHARE programme for administrative, technical and financial management of the financial memorandum. Implementing institution does the direct authority or society integration fund.
the introduction of the institution, 59.2 in implementing the PHARE programme, the Twinning manual and other guidelines of the European Commission on the implementation of the PHARE programme.
59.3 purchase methods, application of EDIS, the Republic of Latvia determines regulations procurement.
59.4 gift method is a grant scheme and direct grant allocation. Twinning and Twinning Light project partner selection method is the administration of the Member States of the European Union poll.
the implementation of the PHARE programme 59.5 concluded such contracts: 59.5 1. procurement contracts (supply, service or works);
2. the Twinning and Twinning Light 59.5 contracts;
59.5 3. grant agreements;
4. the institution of 59.5 cooperation agreements;
59.5 5. other agreements after coordination with the European Commission.
37.0 PHARE programme implementation in the administrative and financial management, applying the EDIS, includes the following measures: 37.0 1. procurement procedures in the implementation phase:

1.1. the contest statute 37.0, RFP, the terms of the negotiated procedure or technical specifications, tender, price, other surveys or marketing of the negotiated procedure for harmonisation required documents before purchasing a decision of the Commission, in assessing whether the subject procurement and meet the financial requirements of the memorandum;
1.2. the draft Treaty 37.0 reconciliation prior to the conclusion of the contract;
1.3. If 37.0 down Twinning Light project evaluation contract compliance to the instructions of the European Commission, preparation of documentation for the contract, the contract;
37.0 2. contract execution stage: amendment of the contract 2.1 37.0 reconciliation before the signing of the contract amendment, if the amendment involves a modification to the budget, the performance of the contract and payment limits;
2.2. the contract amendment 37.0 preparation or approval, if necessary amend Twinning Light contract;
37.0 2.3. checks supplies, works and the grant of the performance of contracts;
37.0 3. payment period, a senior industry officials approved a contract artist of the payment request and its supporting documents, evaluation, as well as their compliance with the contract concluded.
59.7 PHARE project technical management includes the following measures: 59.7 1. procurement procedures in the implementation phase: 59.7 1.1. after the signature of the financing memorandum and before purchasing procedures — contracts of cooperation with the PHARE programme of the officials responsible for the implementation of the PHARE programme;
59.7 1.2. Phare programme project procurement plan under development introduction the model set of institutions and the coordination of the implementation of the sending institution;
37.1 1.3. project procurement documentation, ensuring financial objectives set out in the memorandum, the implementation of documentation with the purchase of the institutions organizing, advocacy project task applicants, Commission approval of procurement actions and decision making about the artist selection, procurement process and recording information on the purchasing process;
59.7 1.4. procurement contracts by their matching with the introduction of the institution;
37.1 1.5. expected to close if a works contract, all the necessary arrangements for the carrying out in accordance with the laws and regulations in order to ensure the conclusion of the contract the construction works;
37.1 1.6. If expected to close Twinning light agreement, artist selection, support the administration of the Member States of the European Union in the meetings of the select statement and Twinning Light contracts;
1.7. If 59.7 down Twinning agreement, the artist selection process, Member States of the European Union administration of selection meeting reviewed the cooperation partner choice or rejection of preparation and submission of the Twinning Project National Coordinator, project manager and direct cooperation of the person posting, contract preparation, signing and filing of the Twinning Project National Coordinator, the amendment of the Treaty and their harmonization with other Contracting Parties;
59.7 2. contract execution stage: 59.7 2.1. necessary amendments, preparation and conduct of the purchase agreements, Twinning and Twinning Light contract after coordination with the introduction of the institution;
2.2.59.7 aid delivery project Executive project implementation in accordance with the terms of the contract, the project activity, Superintendence of the bailiff expenses to ensure compliance with the contractual project objectives, Project Executive Overview evaluation and approval;
59.7 2.3. support of Twinning and Twinning Light Project Executive project implementation in accordance with the terms of the contract, the project activity, Superintendence of the bailiff expenses to ensure compliance with the contractual project objectives, project evaluation and review executive approval, specific objectives and providing the use of funding under contract;
59.7 3. payment period: 59.7 3.1. attestation of invoicing of the goods referred to in the contract or receipt of services or carrying out the works, the artist contract payment request and supporting documents for approval, preparation of payment orders;
3.2. national co-financing 59.7 part payment of the project contractor and the sending of the copy of the payment order, the program officer;
59.7 4. programme implementation monitoring phase, the PHARE programme of permanent supervision of the project, the project generated goodwill accounting, industry monitoring report preparation and submission of the national coordinator of the foreign financial assistance, the distribution of the results of the project and the provision of application in accordance with the project goals.
59.8 Twinning Light Project National Coordinator in implementing Twinning projects: 59.8 1. ensure liaison with senior industry officials project the preparation of statement of work;
2. in the examination of the draft 59.8 work tasks, provide comments on the draft quality;
59.8 3. compile the project submitted work tasks and submit them for approval by the meeting of senior officials;
59.8 4. approved project work tasks sent for approval to the European Commission.
59.8 5. approved project work tasks sent to the Member States of the European Union;
59.8 6. collects the administration of the Member States of the European Union, the cooperation provided by the offer and forward it to the Central Finance and contracting agency;
59.8 7. participates in the administration of the Member States of the European Union, the selection meeting;
59.8 8. the review and approval of the administration of the Member States of the European Union, the selection of the meeting report;
59.8 9. inform the administration of the Member States of the European Union on the outcome of the meeting of the selection;
59.8 10. consider and approve Twinning Light project;
59.8 11. in the course of implementing the project participates in the project management committee meetings;
12. consider and approve 59.8 artist submitted quarterly and final reports.
59.9 Twinning projects Twinning Project National Coordinator: 59.9 1. ensure liaison with senior industry officials in preparing the project;
2. the European Commission 59.9 approved project applications shall be sent to the Member States of the European Union;
59.9 3. ensure the administration of the Member States of the European Union, the organisation of the selection meeting and conduct, as well as the report of the meeting of the artist choice approval;
59.9 4. consider and approve project agreement; Twinning
5. If the proposed 59.9 amended agreement under the Twinning Manual requires the approval of all the līgumslēdzējpuš, approved amendments to the Twinning project to prepare for the contract;
59.9 6. in the course of implementing the project participates in the project management committee meetings;
59.9 7. consider and approve the submitted quarterly and final reports.
59.10 Grant Scheme and direct grant allocation after the signature of the financing memorandum, the Council of Europe organised the 2002 25 June Regulation No 1605/2002 on the conditions of Chapter 6, the matching gift allocation method, which is used to select, implement and monitor projects.
59.11 Grant Scheme for administrative and financial management includes the following measures: 1. open 59.11 project application to the tendering stage, grant schemes, the development of the guidelines, the grant scheme, the issue of the guidelines for applicants and, if necessary, grant schemes, organizing advocacy guidelines for applicants, assessing applications for review by the Commission, the applicant information, not proposals;
59.11 2. contract period: contract negotiation, contract documentation, preparation of contracts and amendments of contracts;
59.11 3. stage of implementation of the treaties — the treaty implementation monitoring, artist statement and approval of the evaluation;
59.11 4. payment period, payment of bailiff request and supporting documents for compliance with the contract concluded by the evaluation and approval.
59.12 Grant Scheme technical leadership is: 59.12 1. open for proposals of the organisation stage — a project application and eligibility criteria for applicants, providing the financing memorandum, the achievement of the objectives set out in the tender evaluation Commission appointment and its operating activities, decide on the projects to be supported and the tender evaluation report from the Commission;
59.12 2. stage of implementation of the Treaty, grant monitoring scheme and its evaluation, dissemination of results of the project and the provision of application in accordance with the project goals.
59.13 national coordinator of foreign financial assistance, the National Executive, the PHARE programme officer, senior officer of the sector and the introduction of the institution provides documentation storage for ten years after the relevant financing memorandum expires. "
31. Supplement 64, after the word "Committee" with the words "at least".
32. in paragraph 76 of the following expression:

"76. After 1 May 2004:76.1. it project implementation that procurement announcements (open and closed competition cases) and published calls for tenders (pro-competitive procedure, industry procedures and comprehensive procedure for cases) sent to applicants until 1 May 2004, in accordance with DIS. Grant schemes for projects with DIS, where up to 1 May 2004 has opened a tender for the project. Twinning and Twinning Light project implementation is necessary according to the DIS, where up to 1 May 2004 has Twinning and Twinning Light concluded project agreement;
76.2. the implementation of the project, which started in this rule 76.1. actions referred to were not carried out in accordance with the ED, if you have received a European Commission decision on the granting of accreditation of EDIS the Republic of Latvia. "
Prime Minister i. Emsis Finance Minister o. Spurdziņš