The Act Of 20 April 2004 On The National Development Plan

Original Language Title: USTAWA z dnia 20 kwietnia 2004 r. o Narodowym Planie Rozwoju

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Chapter 1 General provisions article 1. 1. [scope], the Act specifies how the preparation and implementation of national development plan 2004-2006, including the following: 1) the principle of coordination and interoperability of government administrations, local administrations and social and economic partners;

2) interaction with the institutions of the European communities and international organizations;

3) financial instruments;

4) institutional system;

5) programming system, monitoring, reporting, evaluation and control.

Article. 2. [Definitions] Used in the determination of the means: 1) the beneficiary is a natural person, a legal person or an organizational unit without legal personality, that use the public community and public national measures on the basis of an agreement for funding the project or decision referred to in article 1. 11 (1). (7);

2) payment institution – the proper Minister of public financies.

3) intermediary institution is the institution to which the managing authority delegates some features related to the management, control and monitoring of the operational programme or strategy of using the Cohesion Fund relating to the operating priority activities or project;

4) implementing institution-a public or private, responsible for implementing the activities in the framework of the operational programme on the basis of an agreement with the managing authority;

4A) the competent institution for conducting spot checks-Inspector of tax Control;

4B) the competent institution to issue the Declaration of closures-Inspector of tax Control;

5) the managing authority is the competent Minister responsible for the preparation and implementation of the operational programme or for the preparation and monitoring of the implementation of the strategy of using the Cohesion Fund, as referred to in Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the structural funds (OJ. EC-L 161 of 26.06.1999, L 198 of 21.07.2001 and L 158 of 27.06.2003; Oj. Polish EU Special Edition, chap. 14, vol. 1, p. 31) and of Council Regulation (EC) No 1164/94 of 16 May 1994 establishing a Cohesion Fund (OJ l. EC-L 130 of 25.05.1994, L 161 of 26.06.1999; Oj. Polish EU Special Edition, chap. 14, vol. 1, p. 9);

5A) community support frameworks for the management of the Institution is the proper Minister of regional development;

6) monitoring is the process of systematically gathering and analysing information relating to the implementation of projects, programmes, strategies for the use of the Cohesion Fund and the national development plan and the basics of community support;

7) the programming period is the period of the multiannual planning of the budgets of the European communities;

8) social partners and economic-business organisations and employers, trade unions, local authorities, non-governmental organizations and scientific bodies within the meaning of article 3. 2 section 9 of the Act of 8 October 2004 on the financing of the Science (Journal of laws No. 238, item 2390 and no. 273, item 2703 and 2005 No. 85, poz. 727 and no. 179, item 1484), whose activities include the issues related to the national development plan and the operational programmes and the strategy for the use of the Cohesion Fund;

9) project – a project implemented within the framework of the action, subject to the agreement of the grant between the beneficiary and the managing authority, the implementing institution or acting on behalf of the managing authority, intermediate body or decision referred to in article 1. 11 (1). 7, or co-financed with funds from the Cohesion Fund;

10) public national measures-financial resources from the State budget and State funds, the budgets of the units of local government, other public finance sector entities, as well as other measures and forms of organizational-legal sector of public finances;

11) public community funds-the funds from the budget of the European communities, and in particular the structural funds, as referred to in the provisions of the European Union on the European regional development fund, the European Social Fund, on support for rural development from the European agricultural guidance and guarantee fund (Eaggf) and amending and derogating from certain regulations, the regulation on the financial instrument for the promotion of fisheries and the regulation establishing a cohesion fund included in the annex to the budget Act for the implementation of the national development plan;

12) regional operational programme-document for the implementation of the national development plan, consisting of a coherent statement of operational priorities and activities relating to the province or provinces, prepared by the Board of managers or the provinces acting in concert, or by the proper Minister of regional development;

13 the sectoral operational programme)-a document for the implementation of the national development plan, consisting of a coherent statement of operational priorities and activities relating to the economic sector, prepared by the competent Minister;

14) the strategy of the use of the cohesion fund-a document setting out the directions of spending from the Cohesion Fund, agreed with the European Commission, prepared by the proper Minister of regional development;

15) system-principles and procedures applicable to the participating institutions in the implementation of the national development plan, the operational programmes and the use of the Cohesion Fund, including monitoring, reporting, monitoring and evaluation;

16) contribution is set out in the agreement for funding the project or decision referred to in article 1. 11 (1). 7, part of the expenditure incurred by the beneficiary on its implementation, non-refundable;

17) [1] (repealed).

Article. 3. [the objectives of the national development plan] 1. National Development Plan 2004-2006, hereinafter referred to as "the plan", is a document that specifies the objectives of the socio-economic development of the country, including supported the objectives of regional development, and ways of achieving them within a period consistent with the programming period covering the years 2004-2006.

2. with regard to the specific development problems of a social, economic and spatial development, the specific objectives of the plan can be implemented on a separate area defined in the programmes referred to in article 1. 8 paragraph 1. 1 (1) and (2), co-financed by the community, and public art. 8 paragraph 1. 1, financed from public funds.

Article. 4. [the plan Scope] 1. The plan specifies: 1) (repealed);

2) diagnosis of the socio-economic situation of the country, including various regional levels;

3) main objective and specific objectives of socio-economic development of the country;

4) developments, which specifies the programs and strategies of the use of the Cohesion Fund, as referred to in article 1. 8;

5) an estimate of the financial plan, including multi-year commitments and limits the multiannual spending limits referred to in article 1. 25 paragraph 1. 2 and 3, in the following years, the implementation of the plan, taking into account the public national measures, public community funds and private funds, including the contribution of international financial institutions;

6) long-standing limits on the financial resources allocated for the implementation of provincial contracts referred to in article 1. 32 paragraph 1. 1;

7) criteria for the selection of beneficiaries, who may get funding own contribution referred to in article 2. 30 paragraph 1. 1, taking into account the possibility of aligning the level of socio-economic development and to ensure territorial cohesion;

8) management system and the implementation of the plan, specifying the list of bodies and institutions, referred to in Chapter 3.

2. The plan shall be accompanied by an estimate of the impact of the plan on the environment, evaluate the expected macroeconomic effect the implementation of the plan, an evaluation of the expected impact of the plan on the labour market and an assessment of the expected impact of the plan on the competitiveness of the economy, including innovation of enterprises.



Chapter 2 Preparing the national development plan Article. 5. [Development Plan] in the development of the scheme takes into account the objectives included in the: 1) [2] (repealed)

2) sectoral strategies;

3) State development strategies;

4) the multiannual programmes referred to in article 1. paragraph 99. 2 section 4 of the Act of 30 June 2005 on public finances (Journal of laws No. 249, item 2104 and no. 169, item 1420 and 2006 no. 45, item 319 and no. 104, item 708);

5) concept of the spatial development of the country;

6) scientific and policy assumptions of scientific and technical and innovation policy assumptions.

Article. 6.1. [3] (repealed).

2. (repealed).

Article. 7. (4) (repealed).

Article. 8. the [create programs with a view to the implementation of the plan] 1. In order to carry out a Plan: 1) the sectoral operational programmes;

2) regional operational programmes;

3) other operational programmes;

4) a strategy for the use of the Cohesion Fund.

2. the programmes referred to in paragraph 1. 1 point 1 to 3, shall be financed from public funds or co-financed by the public in the community.

3. A strategy for the use of the Cohesion Fund is co-sponsored with the public in the community.

4. the programmes and strategy use of cohesion fund referred to in paragraph 1. 1, can also be co-financed by private funds.

Article. 9. [Funding programmes] programmes, referred to in article 1. 8 paragraph 1. 1 points 1-3, financed from public funds shall cover a period of national implementation of the plan and include: 1) diagnosis of the socio-economic situation of the sector or the State concerned, taking into account the spatial differentials;

2) main objective and the specific objectives in line with the objectives set out in the plan;

3) operating priorities and actions;

4) an estimate of the financial plan broken down into operational priorities;

5) system.


Article. 10. [the strategy use of cohesion fund] 1. A strategy for the use of the Cohesion Fund covers the period of the implementation plan and includes: 1) a diagnosis of the situation of the areas where the strategy concerned;

2) main objective and the specific objectives;

3) an estimate of the financial plan that takes account of the public means public, national and Community funds and private funds, including the contribution of international financial institutions;

4) detailed arrangements for its implementation;

5) an estimate of its impact on the environment.

2. the main objective and the specific objectives of the strategy the use of the Cohesion Fund are in accordance with the objectives set out in the plan.

3. for the strategy of using the Cohesion Fund shall be accompanied by a provisional list of projects for funding provided for her.

Article. 11. [Supplement programs] 1. The competent minister or Board of, for the programmes referred to in article 1. 8 paragraph 1. 1 point 1 to 3, shall prepare, in consultation with the proper Minister of regional development, the programme complement system uszczegółowiające implementation of the programme.

2. The programme complement for the programmes referred to in article 1. 8 paragraph 1. 1 (1) and (2), the public-funded national measures includes: 1) list and description of the activities;

2) preliminary assessment of the actions to demonstrate their consistency with the objectives of the operational priorities;

3) monitoring indicators relating to the program, priorities and actions;

4) types of potential beneficiaries;

5) an estimate of the financial plan relating to program, operational priorities and actions;

6) detailed rules for the award of grants and the maximum height within the framework for action.

3. the competent minister or Board of shall be annexed to the programme complement: 1) the rules for eligibility of expenditure shall be determined with regard to the terms of their payment, the entity that incurs them and categories of expenditure related to the implementation of the project;

2) the rules for the selection of projects within the framework for action, taking into account the scale and durability of the spatial, economic and social benefits and efficiency of use of financial resources.

4. The competent Ministers and State administrations shall supplement the programs to be approved by the competent monitoring Committee the programme referred to in article 2. 42.5. The programme complement is adopted by way of regulation the competent Minister or by resolution of the Board of Directors.

6. on the basis of the programme complement the selection of projects and the grant agreement includes projects with beneficiaries by the managing authority, the implementing institution or acting on behalf of the managing authority the intermediary institution, subject to the provisions of paragraph 2. 7.7. In the event the managing authority or intermediate body is also the beneficiary of a grant, the Foundation of the project is a decision taken by the competent Minister if acts as a managing authority or intermediate body or by the voivode, if it acts as an intermediary.



Chapter 3 Bodies and institutions responsible for the preparation and implementation of a plan of Art. 12. [community support frameworks for the management of the Institution] the managing authority community support frameworks: 1) is preparing a Plan;

2) coordinates the preparation of programmes and strategies of the use of the Cohesion Fund, as referred to in article 1. 8 paragraph 1. 1, and shall ensure their consistency with the plan;

3) oversees the implementation of the plan;

4) coordinates the implementation of programmes referred to in article 1. 8 paragraph 1. 1 points 1-3;

5) manages the community support frameworks;

6) manages the strategy to use the Cohesion Fund;

7) formulate proposals for changes to the plan, resulting from the conduct of its implementation;

8) shall ensure compliance with the Planned changes in programmes and strategies for the use of the Cohesion Fund.

Article. 13. [develop a plan by the managing authority community support frameworks] 1. The managing authority shall draw up the Community support frameworks in agreement with the competent Ministers and other bodies of the Government Administration.

2. The Plan is reviewed by the Commission, a joint Government and local government and State administrations.

3. The Plan is consulted with the local government and social and economic partners.

4. the President of the Council of Ministers shall determine, by regulation, mode and time limits: 1) the consultations referred to in paragraph 1. 3, 2) cooperation, as referred to in article 1. 14 paragraph 1. 3, 3) cooperation and consultation programmes and strategies for the use of the Cohesion Fund, as referred to in article 1. 18 paragraph 1. 2 and 3 is guided by the principle of partnership.

Article. 14. [Submit the plan to the Council of Ministers] 1. The managing authority community support frameworks shall submit the Plan, along with the opinions referred to in article 1. 13. 2, and information on the conduct and results of the consultations referred to in article 1. 13. 3, for adoption by the Council of Ministers by the resolution no later than 31 March of the year preceding the first year of the plan.

2. Adopted by the Council of Ministers of a Plan is the basis for the launch, by the institution of the Governing Board of the community support frameworks, the negotiations with the European Commission on the Basis of community support and enter into negotiations with regional provinces on provincial contracts referred to in article 1. 32 paragraph 1. 1.3. The institution for the management of the community support frameworks, leading negotiations and negotiations referred to in paragraph 1. 2, interacts with the relevant Ministers and State authorities.

4. the Council of Ministers shall adopt by regulation Plan, after the conclusion of the negotiations with the European Commission and the completion of negotiations with regional provinces on provincial contracts referred to in article 1. 32 paragraph 1. 1, bearing in mind their findings.

Article. 15. (5) (repealed).

Article. 16. [6] (repealed).

Article. 17. [Submit draft programs of the European Commission] 1. No later than 30 June of the year preceding the first year of the plan, with a view to the adoption by the Council of Ministers by the resolution: 1) competent Ministers, after consultation of the governing institutions of the community support frameworks shall submit draft programmes referred to in article 1. 8 paragraph 1. 1 points 1 and 3, together with a report on the consultations referred to in article 1. 18 paragraph 1. 2;

2) the managing authority shall submit to the community support frameworks draft programmes referred to in article 1. 8 paragraph 1. 1 point 2, delivered by the boards, together with a report on the consultations referred to in article 1. 18 paragraph 1. 2;

3) managing authority community support frameworks shall submit a draft of the strategy of using the Cohesion Fund, together with a report on the consultations referred to in article 1. 18 paragraph 1. 3.2. The competent minister leading the negotiations with the European Commission on the programmes referred to in article 1. 8 paragraph 1. 1 points 1 and 3, co-financed by the public community, informing them about the progress of the negotiations and their managing authority findings community support frameworks, the competent authorities of the Government and the competent administrations, provinces.

3. the management of the community support frameworks leads negotiations with the European Commission on the programmes referred to in article 1. 8 paragraph 1. 1 point 2, co-financed by the Community strategy and public use of the Cohesion Fund, informing them about the progress of the negotiations and their findings of the competent Ministers, the competent authorities of the Government and the competent administrations, provinces.

4. the authorities of the Government and State administrations, on the basis of the information about the progress of the negotiations referred to in paragraph 1. 2 and 3, may submit their applications at any time and the opinions of the governing institutions of the community support frameworks or the competent Ministers.

5. the competent minister, in agreement with the managing authority, the community support frameworks shall, by regulation, the programmes referred to in article 1. 8 paragraph 1. 1 point 1 to 3, współfinasowane from public Community measures, bearing in mind the findings of the negotiations with the European Commission.

6. the management of the community support frameworks in agreement with the competent ministers according to the type of activities covered by the strategy shall, by regulation, a strategy for the use of the Cohesion Fund, taking into account the findings of the negotiations with the European Commission.

Article. 18. [the responsibility of competent institutions managing] 1. For the preparation and implementation of programmes or the preparation and supervision of the implementation of the strategy of using the Cohesion Fund, and in particular for issuing guidelines for the implementation of programmes and strategies for the use of the Cohesion Fund, as referred to in article 1. 8 paragraph 1. 1, the entities involved in the implementation of the programme are the responsibility of the competent institutions.

2. the managing authority shall cooperate in drawing up the programmes, referred to in article 1. 8 paragraph 1. 1 points 1-3, with the relevant government bodies and local government bodies and consults them with social and economic partners as specified in article 3. 13. 4. In agreement with the managing authority, intermediate bodies, shall draw up a strategy for the use of the Cohesion Fund, in cooperation with the competent authorities of the Government and the local government units and consults it with social and economic partners as specified in article 3. 13. 4. 18A. [coordination of the implementation of the structural funds in Poland], the managing authority shall coordinate the Community support frameworks, the process of the implementation of the structural funds in the Republic of Poland, in particular:


1) guidelines for the functioning of the system of implementation of structural funds in the management of the operational programmes, reporting, eligibility of expenditure, monitoring the implementation of the funds directed to the institutions involved in the implementation of the plan, in order to preserve the uniformity of rules for the implementation of the plan;

2) seems in agreement with the paying institution guidelines on the operation of financial control and organization of financial flows;

3) organize the work of the Monitoring Committee referred to in article 2. paragraph 39. 1;

4) draw up a progress report on the implementation of the structural funds for the European Commission and the competent authorities and institutions;

5) is negotiating with the European Commission on possible changes to the fundamentals of community support;

6) coordinates information policy and promotion in the area of the structural funds and the cohesion fund utilization strategy;

7) organizes and coordinates the evaluation process the basics of community support.

Article. 19. [transfer of the competence of the intermediary institutions] 1. The managing authority may delegate, by agreement, management, monitoring and control of individual operational priorities, activities or projects intermediary institutions.

2. The agreement referred to in paragraph 1. 1, specifies the specific scope of provided an intermediary competence in the management, monitoring and control, and the rights and obligations of the parties in this regard.

3. The agreement may provide for the possibility of transfer to other management components of the institutions referred to in the plan.

4. In the event of a transfer by the managing authority the powers referred to in paragraph 1. 1, the managing authority shall bear full responsibility for the efficiency and correctness of management of the programme.

Article. 20. [the rights and obligations of the beneficiary] the rights and obligations of the beneficiary, related to the implementation of the project, in terms of management, monitoring, reporting and control determines the funding agreement or decision referred to in article 1. 11 (1). 7. 21. [the implementation of the measures covered by the programme] 1. Activities covered by the programmes referred to in article 1. 8 paragraph 1. 1 points 1 and 3, may be carried out by the implementing bodies established for individual activities.

2. the activities covered by the programmes referred to in article 1. 8 paragraph 1. 1, paragraph 2, may be carried out by the implementing bodies established for specific action by the Board of Directors, after obtaining the consent of the proper Minister of regional development.

3. the projects co-financed with funds from the Cohesion Fund shall be carried out by the beneficiaries of the Cohesion Fund.

4. implementing Institutions, referred to in paragraph 1. 1 the competent institution established in agreement with the managing authority for the management of the community support frameworks, if it so provides.

5. The agreement with the managing authority of the programme or the intermediary institution lays down detailed implementing institutions tasks referred to paragraph 1. 1 and 2, the terms and conditions of implementation of operations and the powers and obligations of the parties in this regard.

Article. 22. [select implementing institutions] 1. The managing authority or Board of the implementing institutions can choose non-public finance sector entities within the meaning of the provisions of the Act of 30 June 2005 on public finances.

2. To choose the institutions referred to in paragraph 1. 1, shall apply the provisions of the Act of 29 January 2004 public procurement law (OJ No 19, item 177, as amended). 23. (repealed).



Article. 23A. [the Governor Tasks related to the implementation of the regional operational programme] to the Governor tasks associated with the implementation of the regional operational programme, referred to in article 1. 8 paragraph 1. 1 point 2:1) monitoring of the implementation of projects, including the sustainability of the projects, their results and impact;

2) preparation of reports on the implementation of projects and in the administrative operational programme and payment requests, including the final report on the implementation of the operational programme in the province and requests for final payment;

3) recovery from beneficiaries improperly used or taken funding;

4) supervision by the beneficiaries of the rules on information and publicity;

5) archiving of documents connected with the implementation of the operational programme, including storage security, paid by beneficiaries for a period that is required in accordance with the agreement for funding;

6) prepare and share information related to the operational programme, eligible entities to perform control activities and evaluation.



Chapter 4 Financing the implementation of the Article. 24. [financing the implementation of the plan] 1. The plan is financed in particular: 1) the public;

2) public community;

3) public funds coming from the European Investment Bank and the non-refundable nature of public funds from other international financial institutions;

4) measures.

2. the expenditure financed under the plan, in order to ensure its proper monitoring, reporting, control and evaluation are identified by category of intervention for public community.

Article. 25. [taking into account the plan when drawing up the draft budget of the Member State] 1. The plan is taken into account in the elaboration of the draft State budget in subsequent years of the term of the plan.

2. the limits of expenditure in the first year and subsequent years of the term of the plan are included in the list annexed to the law.

3. the limits referred to in paragraph 1. 2, apply to individual operational programmes referred to in article 1. 8 paragraph 1. 1 point 1 to 3, and the strategy of using the Cohesion Fund, and partly financed by the public in the community is also the contribution of the individual funds of the European Union.

4. in the case of expenditure incurred in the year for the implementation of the programmes referred to in article 1. 8 paragraph 1. 1 points 1-3, are lower than the limit specified in the annex referred to in paragraph 1. 2, the difference between this and limit expenditure increases up spending limit for the following year.

Article. 26. [the funding of projects reported to implement] 1. Applying for the funding of the measures referred to in article 1. 24 paragraph 1. 1, paragraph 2, of the projects in the framework of the programmes referred to in article 1. 8 paragraph 1. 1 point 1 to 3, shall submit an application to the managing authority, the implementing institution or the Management Board, in accordance with the system for the implementation of the specific programmes.

2. the Funding of the projects declared to be implemented in the framework of the programmes referred to in article 1. 8 paragraph 1. 1 points 1 and 3, the managing authority shall, acting on behalf of an institution implementing or intermediary institution, if it is the system.

3. the Funding of the projects declared to be implemented in the framework of the programmes referred to in article 1. 8 paragraph 1. 1, paragraph 2, shall be granted in accordance with the system for the implementation of the programme managing authority, intermediate body or implementing institution.

4. applications for funding projects that lead to the financial implications for the budgets of the Member States, in part, which are government authorities managing helders, prior to their submission require approval of those bodies.

5. conditions of funding referred to in paragraph 1. 1-3, specifies the project agreement, concluded with the beneficiaries by the managing authority of the programme implementing body or acting on behalf of the managing authority, intermediate body or decision referred to in article 1. 11 (1). 7.6. The competent managing authorities shall carry out the selection of projects under the strategy of using the Cohesion Fund in accordance with the directions and priorities of the plan, and then transmit them to the competent Minister for regional development, the purpose of submission to the Commission of the European Union.

Article. 27. [Funding projects with public community] 1. Funding projects with public community reimbursement laid down in the contract for the project or decision referred to in article 1. 11 (1). 7, part of the eligible expenditure incurred by the beneficiary or payment of a premium.

2. the programmes referred to in article 1. 8 paragraph 1. 1 points 1-3, co-financed by the public community, define the starting date the possibility of reimbursement of expenditure incurred by the beneficiary.

3. With regard to the projects, funding agreement or decision referred to in article 1. 11 (1). 7, the server can specify later than referred to in paragraph 1. 2, the initial date the possibility of reimbursement of the expenditure incurred by the beneficiary.

Article. 28. [model application and agreement for funding the implementation of the project] 1. The managing authority shall prepare and make available to the public, in particular on its website, model application for funding of the implementation of the project and the model grant agreement for the project, as well as changes in these patterns.

2. In the application, you must indicate what data should give the applicant, in particular: 1) the first name, last name and address or the name and address of the applicant;

2) specify the addressee of the application;

3) the name of the program and activities in which the project would be financed;

4) project title;

5) description of the project;

6) the total value of the project;

7) the sum of total eligible expenditure;

8) the level of co-financing of the project, for which the applicant is seeking;

9) schedule of the project.

3. The specimen contracts indicate what data should include the agreement for funding the project, in particular: 1) the first name, last name and address or the name and address of the beneficiary;

2) the name and address of the seat of the institutions contracting with the beneficiary;

3) project title;

4) the total value of the project;

5) sum of total eligible expenditure;

6) approved the level of co-financing of the project;

7) timetable for implementation of the project;


8) way of making settlements between the beneficiary and the transmitting institution.

4. the managing authority shall publish in the official journal of the Republic of Poland "Polish Monitor" message: 1) the place of publication designs, referred to in paragraph 1. 1, and any amendments to them;

2) date from which the designs referred to in paragraph 1. 1, or the changes will be applied.

Article. 29. [the contribution of financial resources] 1. The amount of the contribution of financial resources referred to in article 1. 24 paragraph 1. 1, paragraph 1, for the execution of projects in the framework of the programmes referred to in article 1. 8 paragraph 1. 1 points 1-3, co-financed from Community funds, the public may be differentiated according to: 1) the scale and severity of the problems of social, economic and spatial referred to, in particular, on the basis of the level of gross domestic product, the level and structure of employment, level of education and the structure of employment;

2) impact on the ability to achieve the objectives and priorities of the operational Plan, the objectives and priorities of the project with the objectives of cohesion and operational plan;

3) the possibility of the implementation of the project by the beneficiary, defined on the basis of capacity to contribute.

2. the contribution from the funds referred to in article 1. 24 paragraph 1. 1, for the implementation of projects within the framework for action defines the programme complement referred to in article 2. 11 (1). 1 and 2.

Article. 30. [Obtain funding by the beneficiary's own contribution] 1. With regard to projects in the framework of the programmes referred to in article 1. 8 paragraph 1. 1, co-financed by the community and public projects in the framework of the strategy of using the Cohesion Fund, the beneficiary can obtain funding contribution from the State budget, if you provide appropriate programs, referred to in article 1. 8 paragraph 1. 1 points 1-3, or the strategy of the use of cohesion funding, on the basis of the criteria referred to in article 1. 4. paragraphs 1 and 2. 1, paragraph 7, either this is due to the provisions of the Act of 16 December 2005 on the financing of the infrastructure of land transport (OJ No 267, poz. 2251), of the Act of 27 October 1994 on paid highways and the National Road Fund (OJ of 2004 No. 256, poz. 2571 and No 273, item 2703 and 2005 No. 155 , item. 1297 and no. 172, poz. 1440), of the Act of 28 March 2003 for transport by rail (OJ No 86, poz. 789, as amended), the Act of 18 July 2001-water law (Journal of laws of 2005, no. 239, item 2019), or the Act of 6 July 2001 on the establishment of a multiannual "programme for Measles-2006" (Journal of laws No. 98, item 154 and no. 1067 , item. 1800 and 2002 No. 216, item. 1827). 2. Funding from the State budget to supplement their own contribution is made in accordance with the principles laid down in the Act of 26 November 1998 on the public finances.

Article. 31. [financial aid grantors] 1. To the extent that the financing of projects in the framework of the programmes referred to in article 1. 8 paragraph 1. 1 points 1-3, constitutes aid which meets the conditions referred to in article 1. paragraph 87. (1) the Treaty establishing the European Community, to the financing of the specific terms and conditions apply and the provision of assistance.

2. assisting Entities referred to in paragraph 1. 1, are the managing authorities, intermediate bodies or implementing institutions.

3. the competent minister shall determine, by regulation, the detailed terms and conditions and the provision of assistance referred to in paragraph 1. 1, bearing in mind in particular the need to ensure the compatibility of the aid with the conditions of its admissibility.



Chapter 5 regional Contract Art. 32 [provincial Contract] 1. Regional contract, hereinafter referred to as ' contract ', shall determine the scope and the terms and conditions of implementation actions resulting from the programmes, referred to in article 1. 8 paragraph 1. 1 point 2.

2. in the absence of the provisions of this chapter shall apply to the contract, the provisions of the civil code.

3. the parties to the contract are the Council of Ministers and the provincial government.

4. in the course of the negotiations related to the conclusion of a contract, and with the amendment of the contract, the Council of Ministers is represented by the proper Minister of regional development, and the provincial government by the Marshal.

5. the Negotiations on the contract and its amendments shall be carried out taking account of the limits referred to in article 1. 4. paragraphs 1 and 2. 1. paragraph 6, as provided for in the plan approved by the Council of Ministers and the programmes referred to in article 1. 8 paragraph 1. 1 point 2.

6. The contract shall be signed by the proper Minister of regional development and Marshal, with the prior consent for this step up the Council of Ministers and the Regional Council.

Article. 33. [the costs of negotiation of the contract] the costs of negotiation of the contract shall be borne by the parties jointly leading the prognosis, unless agreed otherwise.

Article. 34. [the scope of a contract] 1. The contract specifies: 1) the operations covered by the contract;

2) rights and obligations of the parties;

3) mode and the schedule of implementation activities, as well as the principles of supervision of their implementation;

4) total expenditure on the implementation of the measures covered by the contract, broken down by the programmes referred to in article 1. 8 paragraph 1. 1 point 2, action, and sources of funding;

5) the manner and terms of financial accounts;

6) range and mode of reporting, including the scope of the reports referred to in article 1. paragraph 49. 1;

7) principles for the evaluation and control of the implementation activities, including financial control;

8) accidental irregularity in the implementation or financing of operations;

9) rules and the resolution of disputes and claims of the parties to the contract, including financial claims.

2. the contract shall be accompanied by information on the participation of the operational programmes referred to in article 1. 8 paragraph 1. 1, paragraph 3, co-financed by the public in the community.

3. The contract shall be concluded for a period consistent with the period of validity of the plan.

4. The proper Minister of the regional development shall determine, by regulation, the provincial contract pattern and the pattern of the application of the Management Board, as referred to in article 1. paragraph 35. 1, bearing in mind the need for the effective implementation of the contract.

Article. 35. [the application of measures for the implementation of the regional operational programme] 1. Board of presents to the Minister competent for regional development of the request for resources for the implementation of the regional operational programme, referred to in article 1. 8 paragraph 1. 1 point 2.

2. the application shall be accompanied by: 1) Board of the operational programmes referred to in article 1. 8 paragraph 1. 1 point 2;

2) information on projected expenditure for the programmes referred to in article 1. 8 paragraph 1. 1, paragraph 3;

3) information about the planned expenditure for the implementation of the multi-annual investment within the meaning of the provisions of the Act of 26 November 1998 on the public finances in the province during the period covered by the plan;

4) a strategy for the development of the State and the relevant provincial programs referred to in the Act of 5 June 1998 on the self-government of the province (OJ 2001 No. 142, poz. 1590, as amended. 3));

5) an assessment referred to in article 14(2). paragraph 59. 3.3. The request referred to in paragraph 1. 1, the Board shall consist of the following approval of the plan by the Council of Ministers.

4. After receipt of the request referred to in paragraph 1. 1 the proper minister of regional development, immediately notify the Marshal of the possibility of negotiations aimed at the conclusion of a contract, specifying the date and place of the first meeting of the parties, and shall submit a draft of the rules negotiations.

Article. 36. [change and dissolution of the contract] 1. The contract may be amended: 1) on the basis of the consistent statements by the parties;

2) on the request of one of the parties.

2. negotiations on the revision of the contract shall be effected not later than 30 days from the date of receipt of the request referred to in paragraph 1. 1 point 2. Negotiations are completed within 30 days from the date of taking them.

3. for the duration of the negotiations referred to in paragraph 1. 2, the implementation of the provisions of the contract shall be suspended.

4. the contract can be resolved: 1) on the basis of the consistent statements by the parties;

2) on the expiry of the period of notice by one of the parties, referred to in paragraph 1. (7);

3) in the event of a breach by one of the parties of the relevant provisions of the contract.

5. the Council of Ministers may terminate the contract, by means of resolution wypowiadającej its conditions, undertaken at the request of the proper Minister of regional development.

6. The provincial government may terminate the contract, by means of resolution wypowiadającej its conditions, undertaken by the Regional Council of the province at the request of the Board of Directors.

7. If the parties do not agree otherwise, a contract period of notice shall be one month from the date of: 1) of the Council of Ministers resolution, referred to in paragraph 1. 5;

2 the resolution of the Regional Assembly), referred to in paragraph 1. 6.8. In the event of termination of the contract as provided for in paragraph 1. 5 or paragraph. 6, the obligation of the parties to the contract to the beneficiaries, implementing projects in accordance with the provisions of the contract, it is up to the amount specified in the contracts for funding projects or decisions referred to in article 1. 11 (1). 7. Chapter 6 Special mode of financing regional development tasks Art. 37. [financing of activities not included in the contract] regional development activities, not included in the contract, may be funded with grants from the State budget target only of implementation: 1) interventions that are created and implemented in the event of natural disasters, sudden emergencies, in particular in the labour market and in the economy;

2) pilot projects testing new solutions and instruments for regional development;

3 Advisory and informational programs).



Chapter 7 Monitoring the implementation of the Article. 38. [the monitoring and implementation of the plan] 1. Process, how to and effects of the implementation of the plan shall be subject to monitoring.


2. monitoring of the conduct of, the way and the effects of the implementation of the plan is the responsibility of the managing authority community support frameworks.

Article. 39. [the Monitoring Committee Plan] 1. The President of the Council of Ministers at the request of the Governing Board of the community support frameworks shall establish, by Ordinance, the Monitoring Committee Plan.

2. the management of the community support frameworks or his representative to the Monitoring Committee shall be chaired by the Plan.

3. The Monitoring Committee shall Plan: 1) expresses the opinions and proposals in terms of adjustments and changes in patterns and how to implement the plan;

2) consider and approve, prior to submission to the Council of Ministers, the annual reports and the final report referred to in article 1. 49;

3) monitors the process and assess the efficiency and effectiveness of the implementation of the plan;

4) management organisation notified to the community support frameworks proposed amendments within individual operational programmes, which will facilitate the achievement of the objectives of the plan or improve the management of assistance, including financial management;

5) deliver its opinion on the community support frameworks by the managing authority reported proposals for transfers between programs and priorities within the framework of the plan;

6) deals with other matters notified by the Chairperson or members of the Monitoring Committee.

4. the composition of the Monitoring Committee, the Plan includes: 1) on the part of the Government-one representative: and) institutions managing, b) relevant ministries according to the type of activities covered by the plan, who does not perform the functions of managing programs, c) the paying authority, d) proper Minister of Polish membership in the European Union, e) the President of the main statistical office, f) (repealed);

2) on the part of the municipality of: a marshals or their provinces) representatives, representatives of local organizations nationwide b), referred to in article 1. 5 of the Act of 6 May 2005 Joint Commission of Government and local government and the representatives of the Republic of Poland in the Committee of the regions of the European Union (OJ No 90, item 759), hereinafter referred to as "ogólnopolskimi organisations;

3) the representatives of the economic and social partners: a) workers ' organisations and employers ' organisations identified on the basis of the Act of 6 July 2001 on the Tripartite Commission for socio-economic and regional social dialogue committees (OJ No 100, item 1080, as amended. 4)), (b)) and non-governmental organisations-indicated by the Council For public interest, c) scientific-indicated by the Main Council of science and higher education.

5. The appointing authority, the Monitoring Committee should ensure that the Plan represented by: 1) local government parties-were 1/3 of storage;

2) social and economic partners-were 1/3.

6. The meetings of the Monitoring Committee, the Plan may participate as observers: 1) voivodes or their representatives;

2) a representative of the President of the Supreme Chamber of control;

3) a representative of the National Council of Regional Boards of Auditors;

4) tax inspection representative;

5) representative Polish Banks;

6) a representative of the European Commission;

7) a representative of the European Investment Bank.

7. If the scope of the matters in question, in the deliberations of the Monitoring Committee, Plan a written invitation by the Chairman, may participate, without the right to vote, experts, and representatives of other institutions or social groups and professional.

8. The Monitoring Committee shall be set up for the period of the Plan of implementation of the plan.

9. The meeting of the Monitoring Committee shall be convened by its Chairman Plan not less than once every 6 months.

10. Mode of operation of the Monitoring Committee, the Plan specifies the terms and conditions, which the Chairman of the Committee preparing a draft Plan for Monitoring, adopted by a simple majority vote at the first meeting of the Monitoring Committee.

11. the management of the community support frameworks provides support for the work of the Monitoring Committee's Administrative Plan.

Article. 40. [the establishment of subcommittees for monitoring] 1. Within the framework of the Monitoring Committee, monitoring subcommittees work Plan set out in the plan.

2. The scope of work, composition and mode of operation of subcommittees for monitoring determines, by resolution, the Monitoring Committee Plan.

Article. 41. [responsibility for monitoring implementation of programmes] 1. For monitoring the course and how to implement programmes and projects in the framework of the strategy of using the Cohesion Fund referred to in article 1. 8 paragraph 1. 1, correspond to the managing authorities.

2. Monitoring of the implementation of the programmes referred to in article 1. 8 paragraph 1. 1 points 1-3, takes place with the use of physical and financial indicators specified in the programmes and their implementation, taking account of the data published by the President of the Central Statistical Office.

3. the Indicators referred to in paragraph 1. 2, refer to the objectives, priorities and activities.

Article. 42. [Establishment of the Monitoring Committee the programme] 1. The competent minister acting as the managing authority shall establish, by Ordinance, the Monitoring Committee the programme referred to in article 2. 8 paragraph 1. 1 points 1 and 3.

2. the Committee referred to in paragraph 1. 1:1) on the part of the Government is represented by: a) the managing authority community support frameworks, b), c) programme management organisation competent ministers according to the type of activities covered by the programme, who do not perform functions of the managing authority or intermediate body, d), where an intermediary has been designated, e) the paying authority;

2) from the local Government represented by: a) the Convention ushers, b) national organization;

3) the representatives of the economic and social partners: a) workers ' organisations and employers ' organisations identified on the basis of the Act of 6 July 2001 on the Tripartite Commission for socio-economic and regional social dialogue committees (OJ No 100, item 1080, as amended), (b)) and non-governmental organisations-indicated by the Council For public interest, c) scientific-indicated by the Main Council of science and higher education.

3. meetings of the Committee, referred to in paragraph 1. 1, may participate as observers: 1) voivodes or their representatives;

2) the representatives of the implementing institutions;

3) representatives of the beneficiaries;

4) representatives of the entities referred to in article 1. paragraph 39. 6 para 2 and 4-7.

4. The Monitoring Committee the programme referred to in article 2. 8 paragraph 1. 1 points 1 and 3, the public-funded national measures: 1) consider and approve the criteria for selecting projects under each activity;

2) consider and approve the programme complement and the proposals for its amendment;

3) periodically examine the progress in the achievement of the specific objectives set out in the programme and the programme complement;

4) shall examine the results of implementation of the programme, including the achievement of the objectives of the programme set for individual activities;

5) consider and approve the prepared by the managing authority of the programme progress reports, annual and final report referred to in article 1. paragraph 46. 1;

6) consider and approve changes in the program;

7) reports to the managing authority of the programme proposals for amendments in the framework of the programme;

8) consider and approve promotional action plan within the framework of the programme and the proposed amendments thereto.

5. The proper Minister of the regional development shall appoint, by order, the Monitoring Committee the programme referred to in article 2. 8 paragraph 1. 1 point 2 of the community co-financed by public funds.

6. the Committee referred to in paragraph 1. 5, consists of representatives of: 1) managing authority community support frameworks;

2) managing the programme;

3) the paying authority;

4 the competent Ministers) according to the type of activities covered by the programme, who do not perform the functions of the Governing Board of the programme;

5) 16 provincial governors;

6) 16 marshals provinces;

7) national organization of the social and economic partners;

8) nationwide organization.

7. At the meeting of the Committee referred to in paragraph 1. 5, may participate, as observers, representatives of: 1) the President of the Supreme Chamber of control;

2) of tax inspection authorities;

3) of the European Investment Bank;

4) of the European Commission.

8. the Committee referred to in paragraph 1. 5, carries out tasks referred to in article 1. paragraph 35. 3 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the structural funds.

9. The appointing authority, the Monitoring Committee should ensure that representatives of: 1) local government parties-were 1/3 of storage;

2) social and economic partners-were 1/3.

10. the competent minister or his representative to the Monitoring Committee shall be chaired by the program.

11. The Chairman shall convene the meetings of the Monitoring Committee, the program does not less frequently than every six months.

12. Meetings of the Monitoring Committee, shall apply by analogy article program. paragraph 39. 7.13. The Monitoring Committee program, depending on your needs, you may set up subcommittees and working groups.

14. the mode of operation of the Monitoring Committee program, taking into account the mode of creation of subcommittees and working groups, specifies the rules, which the project prepares the competent minister. The rules shall be adopted by a simple majority by the Monitoring Committee.

15. the competent minister of the administrative support of the Monitoring Committee.

Article. 43. (repealed).


Article. 44. [the Monitoring Committee a strategy for the use of the Cohesion Fund] 1. The proper Minister of the regional development shall appoint, by order, the Monitoring Committee a strategy for the use of the Cohesion Fund, specifying its composition, task and mode of operation.

2. the management of the community support frameworks or its representative presides over the work of the Monitoring Committee, a strategy for the use of the Cohesion Fund.

3. in the composition of the Monitoring Committee, the use of the strategy of the Cohesion Fund shall be composed of one representative of: 1) managing strategy for the use of the Cohesion Fund;

2) the paying authority;

3) relevant ministries according to the type of activities covered by the strategy for the use of the Cohesion Fund;

4) of the European Commission.

4. If the scope of the matters concerned, in meetings of the Monitoring Committee, the use of the strategy of the Cohesion Fund, to the invitation of the Chairman, the experts may participate, the representatives of the beneficiaries and other institutions, social and professional groups.

5. The proper Minister of the regional development provides support for the Monitoring Committee's administrative strategy for the use of the Cohesion Fund.

Article. 45. [the Monitoring Committee regional contract] 1. The Governor, in order to ensure efficient and effective implementation of the contracts, CITES, by way of interim measures, a Monitoring Committee regional contract.

2. the Monitoring Committee shall be chaired by the Governor of the provincial contract. The Deputy President is the Marshal.

3. The Monitoring Committee regional contract: 1) monitors the process and assess the efficiency and effectiveness of the implementation of the contract and taken it under programs, activities and projects;

2) based on the information from the Managing Authority assesses the Plan and formulate opinions and proposals aimed to ensure the consistency of the actions and projects under contract with the activities and projects carried out in the province in the framework of the operational programmes referred to in article 1. 8 paragraph 1. 1 points 1 and 3, as well as by the competent Ministers on the basis of separate regulations;

3) assesses and expresses opinions and proposals for action in the field of promotion and dissemination of information about the contract;

4) consider and approve the reports referred to in article 1. paragraph 46. 1, before they are transmitted to the competent Minister for regional development.

4. the composition of the Monitoring Committee consists of representatives of regional contract: 1) the proper Minister of regional development;

2) institutions managing the programmes covered by the contract;

3) relevant ministries according to the type of activities covered by the programme, who do not perform the functions of the Governing Board of the programme;

4) of the implementing institutions under the programmes covered by the contract;

5) Governor;

6) of the Board;

7) interested in the interaction of the effective implementation of the contract, located within the province: (a) local government units), representing municipalities, counties and cities that are the homes of the provincial local authorities, (b) the economic and social partners), including non-governmental organizations.

5. representatives of the Regional Chamber of Audit Board and a delegation of the Supreme Chamber of control may participate in the work of the Monitoring Committee regional contract as observers, without the right to vote.

6. The appointing authority, the Monitoring Committee should ensure that the regional contract agents: 1) units of local government, referred to in paragraph 1. 4, point 7, point (a). (a) were 1/3 of storage;

2) social and economic partners-were 1/3.

7. the meetings of the Monitoring Committee, the provincial contract shall apply mutatis mutandis the provisions of article 4. paragraph 39. 7 and 8 and article. paragraph 42. 9.8. The Chairman of the Monitoring Committee meeting shall be convened by its regional contract not less frequently than every six months.

9. Mode of operation of the Monitoring Committee, the provincial contract, taking into account the mode of creation of subcommittees and working groups, specifies the rules prepared by the voivode and adopted by a simple majority vote at the first meeting of the Monitoring Committee regional contract.

10. The Governor of the administrative support of the Monitoring Committee, the provincial contract.



Chapter 8 Reporting Article. 46. [reports on the implementation of the programmes] 1. In the framework of the implementation of the programmes referred to in article 1. 8 paragraph 1. 1 point 1 to 3, and the contracts shall be drawn up following reports: 1) recurrent;

2) annual;

3).

2. within the framework of the implementation of the plan shall be drawn up of the report referred to in paragraph 1. 1 point 2 and 3.

Article. 47. [reporting Entities] 1. The report referred to in article 1. paragraph 46. 1 shall be made: 1) the proper minister of regional development, in respect of the plan;

2) Governor-in respect of the contract;

3) the managing authority, in relation to the programme;

4) intermediary institution, in relation to priority or operation;

5) implementing institution-with regard to the action;

6) the beneficiary shall, in relation to the project, if it is a system of operation.

2. The proper Minister of the regional development shall determine by regulation: 1) the mode and scope of the reporting of the implementation of the plan in relation to the projects, activities and programmes referred to in article 1. 8 paragraph 1. 1 points 1-3, 2) mode and scope of the accounts with respect to the projects, activities and programmes referred to in article 1. 8 paragraph 1. 1 points 1-3 – having regard to the effective and efficient use of resources for the implementation of the plan.

3. the report referred to in paragraph 1. 1, paragraph 6, shall include, in particular: 1) project title;

2) the name of the beneficiary;

3) specify the period covered by the report.

3A. The managing authority shall draw up and make public, in particular on its Web site, reports to the beneficiaries and their changes, for the cases referred to in paragraph 1. 1 point 6.

3B. the managing authority shall publish in the official journal of the Republic of Poland "Polish Monitor" message: 1) the place of publication designs, referred to in paragraph 1. 3A, and any amendments to them;

2) date from which the designs referred to in paragraph 1. 3A, or their changes will be applied.

Article. 48. [annual report on the implementation of the contract] Governor shall prepare and transmit to the Minister competent for regional development, within a time limit to 15 March of the year following the year of implementation of the plan, an annual report on the implementation of the contract, drawn up on the basis of the periodical reports on the implementation of the contract, drawn up not more than once per 3 months, after the end of the period laid down in the budgetary Act spending and covered by the contract is the final report on the implementation of the contract.

Article. 49. [Drafting the annual report] 1. The managing authority community support frameworks annually, no later than 30 June of the year following the year of implementation of the plan, on the basis of received from the institutions managing the annual reports on the implementation of the programmes referred to in article 1. 8 paragraph 1. 1 points 1 and 3, and the annual reports on the implementation of the contracts, shall draw up an annual report covering: 1) analysis of the implementation of the plan;

2) analysis of the implementation of contracts;

3) information on the results of the checks referred to in Chapter 9.

2. The managing authority shall submit a report immediately to the community support frameworks referred to in paragraph 1. 1, to the Monitoring Committee for the Plan.

3. The managing authority shall draw up the community support frameworks within a period up to 30 June of the year following the completion of the implementation of the plan, on the basis of the final reports on the implementation of the programmes referred to in article 1. 8 paragraph 1. 1 points 1 and 3, and the contracts, the final report on the implementation of the plan and submit it to the Council of Ministers. The Council of Ministers shall adopt the final report on the implementation of the plan by way of a resolution.

4. The proper Minister of the regional development presents annually to the Sejm a report referred to in paragraph 1. 1, within one month from the date of adoption of this report by the Council of Ministers, and after the completion of the implementation of the plan-the report referred to in paragraph 1. 3. Chapter 9 of the monitoring of the implementation of projects and programmes co-financed by the structural funds and the Cohesion Fund Article. 50. [control of programmes or projects co-financed by the structural funds] Control programmes and projects co-financed by the structural funds or the Cohesion Fund shall exercise the institutions referred to in article 1. 2 paragraph 2 and 4a-5.

Article. 51. [scope] Control programmes and projects co-financed from Community public funds include: 1) to verify the delivery of the co-financed products and services the accuracy and eligibility of expenditure on projects and their conformity with the law and policies of the European Union the third pillar;

2) checking compliance with procedures and the efficiency of the operation of the system implementation in all members of the operational programmes and strategies for the use of the Cohesion Fund.

Article. 52. [control of projects co-financed by the EU] 1. The managing authority shall control to the extent referred to in article 2. 51 (1), in respect of projects under the operational programme or strategy of using the Cohesion Fund.

2. the audit referred to in article 14(2). 51 (1), involves checking evidence certifying the expenditure incurred in the project, documenting the contents of submitted requests for payment or verification of expenditure, the progress and effects of the project on the site of his execution.

3. the audit referred to in article 14(2). 51 (1), may be carried out on a sample of evidence certifying the expenditure incurred, or a sample of projects.


4. The managing authority may entrust the verification referred to in article 1. 51 (1), intermediary institutions or implementing.

Article. 53. [control of operational programmes, using the Cohesion Fund] 1. The managing authority shall control to the extent referred to in article 2. 51 section 2 in the institutions referred to in article 1. 2 paragraph 3 and 4.

2. The managing authority may entrust the intermediate bodies to carry out inspections in the area referred to in article 2. 51 section 2 implementing institutions.

Article. 54. [the development of annual inspection plan] 1. For each subsequent calendar year, the implementation of the programme, the managing authority shall prepare a plan within the framework of the operational programme and strategy for the use of the Cohesion Fund.

2. The managing authority shall submit a draft of the plan to control the Committee referred to in article 1. 56B, by 15 November of the year preceding the year for which the audit plan is drawn up.

Article. 55. [sample] 1. The competent institution for the conduct of sampling, sampling shall be carried out referred to in article 14(2). 10 of Commission Regulation (EC) No 438/2001 of 2 March 2001 laying down detailed rules for the implementation of Council Regulation (EC) No 1260/1999 concerning the management and control systems for assistance granted under the structural funds (OJ. EC-L 063 of 3.03.2001, L 351 of 28.12.2002; Oj. Polish EU Special Edition, chap. 14, vol. 1, p. 132 and 187) and in article 3. 9 of Commission Regulation (EC) no 1386/2002 of 29 July 2002 laying down detailed rules for the implementation of Council Regulation (EC) No 1164/94 as regards the management and control systems for assistance granted from the Cohesion Fund and the procedure for making financial corrections (OJ. EC-L 201 of 31.07.2002).

2. the audit referred to in paragraph 1. 1, is designed in particular to verify the results of the checks referred to in article 1. 52 and 53.

3. the audit referred to in paragraph 1. 1 shall cover at least 5% of the expenditure in each of the operational programmes and 15% of the expenditure under the Cohesion Fund during the period of implementation of the programme.

4. the audit referred to in paragraph 1. 1, is carried out on the basis of the annual audit plan, prepared by the competent institution to conduct spot checks.

5. the institution responsible for the conduct of sampling, shall immediately inform the paying authority of the results of the carried out by each control.

Article. 55A. [Control Execution of programmes and projects, taking into account other control] in order to meet the requirement referred to in article 2. 9. (2) Commission Regulation (EC) No 438/2001 of 2 March 2001 laying down detailed rules for the implementation of Council Regulation (EC) No 1260/1999 concerning the management and control systems for assistance granted under the structural funds and in the article. 8 paragraph 1. (2) Commission Regulation (EC) no 1386/2002 of 29 July 2002 laying down detailed rules for the implementation of Council Regulation (EC) No 1164/94 as regards the management and control systems for assistance granted from the Cohesion Fund and the procedure for making financial corrections, a payment institution carries out the inspection referred to in article 14(2). 50, taking into account the results of the checks carried out by the managing authority and the competent institution for conducting spot checks referred to in article 1. 52, 53 and 55 paragraph 1. 1. 56. [the delegations] the proper Minister of the regional development shall determine, by regulation, the mode of carrying out the checks referred to in article 1. 52 and 53, bearing in mind the need to ensure the proper expenditure of funds from the structural funds and the Cohesion Fund.

Article. 56a. [to carry out additional checks or audits] community support frameworks for the management of the Institution, the payment institution and the competent institution to issue the Declaration of closure of the aid referred to in article 1. 15 Commission Regulation (EC) No 438/2001 of 2 March 2001 laying down detailed rules for the implementation of Council Regulation (EC) No 1260/1999 concerning the management and control systems for assistance granted under the structural funds, and the closure declaration referred to in article 6 projects. 13 of Commission Regulation (EC) no 1386/2002 of 29 July 2002 laying down detailed rules for the implementation of Council Regulation (EC) No 1164/94 as regards the management and control systems for assistance granted from the Cohesion Fund and the procedure for making financial corrections, may apply to the competent institution for sampling or to managing authority program or have external entities, to carry out additional checks or audits implementation system in the context of a situation in which: 1) there will be reasonable doubts as to the efficiency, effectiveness or accuracy of the system implementation of the structural funds or the cohesion fund utilization strategy;

2) the results of the checks referred to in this chapter, shall be considered as insufficient to issue the Declaration of closures.

Article. 56. [the Committee's tasks for the control and audit of the structural funds and the Cohesion Fund] 1. The coordination of control activities within the framework of the Scratch community support provides control and Audit Committee of the structural funds and the Cohesion Fund.

2. The tasks of the Committee referred to in paragraph 1. 1, in particular: 1) the review and drafting of annual control plans to the competent institution for conducting sampling and accepting the annual control plans management institutions;

2) coordination of the control carried out in the area of the structural funds and the Cohesion Fund by the institutions referred to in the Act, and other State bodies;

3) evaluation of the effectiveness of the checks carried out pursuant to the Act;

4) reviewing reports and reports with the results of the checks in the area of the structural funds and the Cohesion Fund to be transmitted to the European Commission.

3. the Committee referred to in paragraph 1. 1, consists of representatives of: 1) managing authority community support frameworks;

2) managing authorities;

3) competent institution for conducting spot checks;

4) competent institution to issue the Declaration of closure aid;

5) the paying authority.

4. The meetings of the Committee referred to in paragraph 1. 1, may participate as observers, representatives of the President of the Supreme Chamber of control and the proper Minister of public financies.

5. The proper Minister of the regional development may appoint the Committee referred to in paragraph 1. 1, representatives of institutions other than those referred to in paragraph 1. 3.6. The proper Minister of the regional development appoints the Committee referred to in paragraph 1. 1, by way of interim measures, specifying its mode of action.

7. Support for the work of the Committee referred to in paragraph 1. 1, provides community support frameworks for the management of the Institution.

Article. 56 c [Return illegally used part of the funds] 1. In cases where the managing authority, intermediate body or institution implementing, as a result of the inspection or on the basis of information obtained from another inspection body, finds irregularities involving the use of the financial resources provided by the beneficiary referred to in article 1. 24 paragraph 1. 1 points 1-3, in accordance with their intended purpose or project agreement or decision referred to in article 14(2). 11 (1). 7, the beneficiary shall forthwith return that part of the funding, which has been used in accordance with their intended purpose, together with interest at the rate specified for tax arrears, calculated from the date of that part of the funds.

2. in the case referred to in paragraph 1. 1, the managing authority, intermediate body or implementing institution may withhold further funding for the project.

3. If, as a result of the audit referred to in paragraph 1. 1, or on the basis of information obtained from other inspection body, the managing authority or intermediate body determines the impossibility of further implementation of the project, ceases its funding.



Article. 56 d. [financial corrections] the managing authority shall determine and impose financial corrections referred to in article 1. 39 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the structural funds (OJ. EC-L 161 of 26.06.1999, L 198 of 21.07.2001 and L 158 of 27.06.2003; Oj. Polish EU Special Edition, chap. 14, vol. 1, p. 31).



Chapter 10 assessment of the effectiveness and efficiency of the implementation of the Article. 57. [evaluation of the effectiveness of the implementation of the plan] 1. Efficiency and effectiveness of the implementation of the plan, the programmes referred to in article 1. 8 paragraph 1. 1 points 1-3, public-funded national measures, and contracts shall be evaluated: 1) estimated – before implementation;

2) (repealed);

3) full-after the execution.

2. the assessment referred to in paragraph 1. 1, shall take into account: 1) comprehensive impact the implementation of the plan, programs and contracts for raising the level of social cohesion, economic and spatial with countries and regions of the European Community and the achievement of the objectives defined in the plan, programs and contracts;

2) effects of the implementation of the plan, programs and contracts for the socio-economic situation of the country, provinces and sectors of the economy under the operational programmes.

3. The Monitoring Committee shall Plan, monitoring committees, programs and monitoring committees, provincial contracts may decide to make additional assessments of the plan, the programmes referred to in article 1. 8 paragraph 1. 1 points 1-3, financed from public funds, and contracts.


4. the management of the community support frameworks, the competent Ministers and State Governments provide the results of the evaluation of the effectiveness and efficiency of the implementation of the plan through their inclusion in commonly accessible ICT networks.

Article. 58. [Responsibilities of the unit assessment Plan] 1. Duties related to the evaluation of the plan referred to in article 14(2). 57 paragraph 3. 1, national assessment body, working in this field with the managing authorities, intermediate bodies and State authorities.

2. National evaluation unit extracts in a Ministry that supports the proper Minister of regional development.

Article. 59. [estimate] 1. Estimate-before the start of the implementation of the plan, the programmes referred to in article 1. 8 paragraph 1. 1 points 1-3, financed from public funds, and contracts include an analysis of the strengths and weaknesses of the Member State, region or sector, including, in particular: 1) an assessment of the socio-economic situation, the situation on the domestic labour market taking into account the professional opportunities for women and men;

2) assessment of the State of the environment along with solutions to ensure compliance with national and Community policy in this area.

2. The managing authority for the community support frameworks of the plan, and managing programs in the case of programmes as referred to in article 1. 8 paragraph 1. 1, paragraph 1, of the public-funded national resources, provide an assessment of the estimated before the start of their implementation.

3. the competent Board of provides an assessment of the estimated before the start of the implementation of the contract.

Article. 60. (repealed).

Article. 61. [to carry out a full assessment of the] 1. The proper Minister of the regional development plan, and managing authorities in the case of programmes as referred to in article 1. 8 paragraph 1. 1 points 1 and 3, the public-funded national measures, to carry out a full assessment upon completion of their implementation.

2. The proper Minister of regional development in cooperation with the State authorities ensure that a complete evaluation after the implementation of contracts with the use of the results of the evaluations referred to in paragraph 1. 3 and in article 3. paragraph 59. 1.3. Full score includes, in particular: 1) the efficiency of the use of resources;

2) effectiveness in achieving goals;

3) impact on the socio-economic situation, including employment;

4) the operation of the system.

4. Full score after the completion of the implementation of the plan and programmes referred to in article 1. 8 paragraph 1. 1 points 1 and 3, financed from public funds and national contracts, shall be carried out not later than one year following the end of their implementation.



Chapter 11 Changes in the legislation in force, transitional and final provisions Article. 62. [the Act of merging and exchanging land] in the law of 26 March 1982 about merging and exchange of land (OJ 2003, no. 178, poz. 1749) in the article. 3 is hereby amended as follows: 1) (2). 1 shall be replaced by the following: "1. scaleniowe or replacement shall be the Governor, as a task of the scope of the Government with the means of the State budget, subject to the provisions of paragraph 2. 5-7 and art. 4. paragraphs 1 and 2. 2. a higher degree of Authority within the meaning of the code of administrative behaviour in relation to disputes in matters of this range is the Governor. "

2) after paragraph 1. 3 paragraph 2 shall be added. 4-7 shall be added: ' 4. Works scaleniowo-interchangeable coordinates and executes the provincial government using organizational units sent to him pursuant to article. 25 paragraph 1. (1) section 3 of the Act of 13 October 1998-introductory provisions of law public administration reform (Journal of laws No. 133, item 872, as amended. 5)).

5. The financing of the work referred to in paragraph 1. 4, and in the financing of the management of poscaleniowego may be included in public means within the meaning of Community law of 20 April 2004 on the National Development Plan (OJ No 116, poz. 1206).

6. The financing of the management of poscaleniowego can be included in the measures of the State funds and budgets of the units of local government, if it is in accordance with their rules of procedure or property.

7. Contribute towards the cost of carrying out the investigation scaleniowego or replacement land-use and land owners concerned may participate poscaleniowego on the principles established by the district administrator in the project, as referred to in article 1. 10 paragraph 1. 1. ".

Article. 63. [law on higher education] in the Act of 12 September 1990 on higher education (Journal of laws No. 65, item 385, as amended. 6)) in the article. 24 in paragraph 1. 1 point 2 shall be replaced by the following: "2) grants for construction investments of the University, including implemented with the participation of the funds of the public Community measures in the framework of provincial contracts referred to in the Act of 20 April 2004 on the National Development Plan (Journal of laws No. 116, item. 1206).

Article. 64. [the Act on higher vocational schools] in the Act of 26 June 1997 on higher vocational schools (Journal of laws No. 96, item 590, as amended. 7)) in the article. 23 in paragraph 1. 1, paragraph 3 is replaced by the following: "3) financing or investment funding, including with the participation of the funds of the public Community measures in the framework of provincial contracts referred to in the Act of 20 April 2004 on the National Development Plan (Journal of laws No. 116, item. 1206). ".

Article. 65. [Government departments Act] in the law of 4 September 1997 on organization of the Government Administration (Journal of laws of 2003 No. 159, poz. 1548, as amended. 8)) in the article. 23A is amended as follows: 1) point 4 shall be repealed;

2) point 5 shall be replaced by the following: "5) provincial contracts concluded in the Act of 20 April 2004 on the National Development Plan (Journal of laws No. 116, item. 1206); "

3) point 6 shall be replaced by the following: "6) monitoring and evaluating the implementation passes provincial contracts referred to in paragraph 5, and to submit to the Council of Ministers analyses, reports, and proposals for their implementation;".

Article. 66. [law on self-government of the province] in the Act of 5 June 1998 on the self-government of the province (OJ 2001 No. 142, item, as amended. 1590 – 9)) in the article. 11. after paragraph 1. 1, the following paragraph. 1a shall be inserted: ' 1a. Of the development strategy developed by the provincial government after the adoption of its resolution on the way by the Regional Council of the province shall be submitted to the attention of the proper Minister of regional development. ".

Article. 67. [water law] in the law of 18 July 2001-water law (OJ No 115, item 1229, as amended. 10)) is hereby amended as follows: 1 article). 72 is replaced by the following: ' article 1. 72.1. Water reclamation equipment basic are the property of the State Treasury and are performed at his expense, subject to the provisions of paragraph 2. 2.2. Exercise equipment, referred to in paragraph 1. 1 may be co-financed by the community within the meaning of the public act of 20 April 2004 on the National Development Plan (OJ No 116, poz. 1206).

3. The decision in the case referred to in paragraph 1. 2, shall, by way of decision, Marshal, in consultation with the Governor. "

2) article. paragraph 74. 2 and 3 are replaced by the following: ' 2. water drainage Device specific can be performed at the expense of: 1) Treasury for reimbursement in the form of a melioracyjnej fee, part of the costs by the owners of the land on which these devices have a beneficial effect, hereinafter referred to as the "owners" of the land concerned, if: (a) is characterized by the fragmentation of large area) agricultural holdings or b) water drainage devices detailed threatens dekapitalizacja, or c) the restructuring of the agriculture is soil water relations regulation , 2) Treasury in conjunction with the public for Community reimbursement by the interested land owners part of the costs in the form of fees.

3. the fees referred to in paragraph 1. 2, provide income to the State budget. "

3) article. 74 paragraph 1 repealed. 4-6;

4) after article. 74 article added. 74A-74c shall be inserted: ' Article. 74A. Investment fee referred to in article 14(2). paragraph 74. 2, point 2, shall be set at 20% of the cost of implementation of specific water drainage devices that are specified in the final report on the implementation of financial investments with the participation of the public in the community.

2. investment Fee shall be charged in 15 equal annual instalments within a period of 30 October each year, with the investment fee of less than 1 000 PLN is charged in three equal annual instalments.

3. the first instalment of the investment fees are collected after the expiry of two years from the date of operation of the equipment and, in the case of the management of pomelioracyjnego meadows and pastures-after the end of the year.

Article. 74B. The decision in the cases referred to in article 1. paragraph 74. 2, shall, by way of decision, Marshal in consultation with the Governor at the request of the company or interested land owners.

2. in the case of water drainage devices on the principles referred to in article 1. paragraph 74. 2 paragraph 2 proposal a water company is required or interested land owners which are at least 75% of the area of the planned to zmeliorowania.

3. the decision referred to in paragraph 1. 1, shall be published in the manner customary in the area and by placing her, at least 14 days notice boards in offices.

4. the Marshal shall be determined for each land owner concerned by decision melioracyjnej, the amount of the fee or fees, in proportion to the plot of land, on which a beneficial effect have water reclamation equipment.

5. the owner of the land affected by the decision referred to in paragraph 1. 4, is required to allow entry to the land and buildings in order to design and implement water reclamation equipment.


Article. 74c. After the end of the investment process and the settlement value of the Marshal of the works carried out by decision corrects during 9 months fixed melioracyjnej fee or investment fees, up to the amount of incurred investment costs and design changes, made in the course of implementing the investment. "

5) article. 75 shall be replaced by the following: ' article 1. 75. Programming, planning, supervision of the execution of water drainage equipment detailed in the manner referred to in article 2. paragraph 74. 2, water drainage devices and maintaining basic water reclamation equipment belongs to the Marshal.

2. the tasks referred to in paragraph 1. 1, art. paragraph 74B. 1 and 4, and article 16. 74c, Marshal of implements as a task from the scope of the Government. "

6) in the article. paragraph 164. 7 shall be replaced by the following: "7. For the water company, implementing water reclamation equipment, assistance, referred to in paragraph 1. 5, can occur when an area intended for flood control is a compact, complex and technical design of reclamation have been agreed with the Governor and members of the own contribution of the company corresponds to the least amount calculated in accordance with article 3. 74B regulations issued on the basis of article. paragraph 78. 1. ".

Article. 68. [the transfer of competence of the regional funding bodies] 1. (repealed).

2. for the programme referred to in article 2. 8 paragraph 1. 1, paragraph 2, by the end of 2004 the Board of may entrust acting as implementing institutions, for activities aimed at the sector of small and medium-sized enterprises, regional funding bodies selected by the Polish Agency for enterprise development in the mode of the rules pursuant to article 114. 6 (2). 4 of the Act of 9 November 2000 on the establishment of the Polish Agency for enterprise development (OJ No 109, poz. 1158 and from 2002, no. 25, item 253, Nr 66, poz. 596 and no. 216, poz. 1824).

3. The transfer of the powers referred to in paragraph 1. 2, followed by agreement determining the scope of the tasks assigned to it and their financing.

4. the Management Board of the Province provides the means for the implementation of the tasks entrusted to the regional funding bodies, referred to in paragraph 1. 2.5. Regional sponsoring undertaking referred to in paragraph 1. 2, as implementing institutions, shall be once every two years to undergo the checks mandated by the Executive Board.

6. Mode and the deadline of the consultation referred to in article 1. 13. 4, shall not apply to the plan and operational programmes and strategies for the use of the Cohesion Fund to be drawn up for the period 2004-2006.

7. for the programmes referred to in article 1. 8 paragraph 1. 1 points 1-3, carried out within the framework of the plan for the period 2004 – 2006 does not apply to article 5(1). 40 of the Act of 27 April 2001 – environmental protection law (Dz. u. Nr 62, poz. 627, as amended. 11)).

8. for the strategy of using the Cohesion Fund carried out within the framework of the plan for the period 2004 to 2006 shall not apply the provisions of article 4. 10 paragraph 1. 1, paragraph 5 and paragraph 1. 3.9. The date of entry into force of this Act the application referred to in article 1. 17. referred to in article 1 of the law. 70, becomes an application within the meaning of article 3. paragraph 35. 1 of this Act.

10. The provisions of article 4. 31 does not apply to the entities referred to in article 1. 31.3. 2 if they are, at the date of entry into force of the Act, eligible for the aid referred to in article 14(2). 31.3. 1 on the basis of separate provisions.

11. (repealed).

Article. 69. [behavior under the national strategy for regional development 2001-2006] National regional development strategy for 2001-2006, adopted by the Council of Ministers on 28 December 2000 on the basis of article. 11 (1). 7 of the Act referred to in article 1. 70, retains the power to 31 December 2006.

Article. 70. [the provisions repealed] repealed the Act of 12 May 2000 in support of regional development policy (OJ No 48, poz. 550, Nr 95, poz. 1041 and No 109, poz. 1158, 2001 No. 45, item 497, No 100, item 1085, no. 111, item 1197 and no. 154, poz. 1800, 2002, no. 25, item 253, no. 66 , item. 596 and no. 230, item. 1921, 2003 No. 84, item. 774 and of 2004 No. 42, item. 386), with the exception of article 5. 5 paragraph 1. 2, art. 13. 3 paragraphs 1-9 and art. 16-23, which remain in force until the date of adoption by the Council of Ministers of the final report on the implementation of the support programme for the year 2004.

Article. 71. [entry into force], the Act shall enter into force after the expiry of 14 days from the date of the notice, with the exception of article 5. 32-36, which shall enter into force on 1 January 2005.



 

1) this statute changes the law of 26 March 1982 about merging and exchange of land, the Act of 12 September 1990 on higher education, the Act of 26 June 1997 on higher vocational schools, the Act of 4 September 1997 on organization of the Government Administration, the Act of 5 June 1998, the Government of the State and the law of 18 July 2001-water law.

2) revision of the text of the single listed the Bill were announced in OJ 2003, no. 45, item. 391, no. 65, item. 594, no. 96, item. 874, No 166, item. 1611 and No 189, poz. 1851 and 2004 No 19, item. 177 and no. 93, item. 890.3) revision of the text of the uniform that Act were announced in the OJ of 2002, no. 23, item. 220, Nr 62, poz. 558, no. 153, item. 1271 and no. 214, item. 1806, 2003 No. 162, item. 1568 and 2004 No 102, item. 1055.4) of the said law were announced in OJ 2001 No. 154, poz. 1793 and 1800 and 2002, no. 10, item. 89 and no. 240, poz. 2056.5) amendments to the said Act were announced in the OJ 1998 No. 162, item. 1126, 2000, no. 6, item. 70, no. 12, item. 136, no. 17, item. 228, no. 19, item. 239, No 52, item. 632, Nr 95, poz. 1041 and no. 122, item. 1312 and 2001 No. 45, item. 497, no. 100, item. 1084, no. 111, item. 1194 and no. 145, item. 1623.6) amendments to the said Act were announced in the OJ 1992, Nr 54, poz. 254 and no. 63, item. 314, 1994, no. 1, item. 3, no. 43, item. 163, no. 105, item. 509 and no. 121, item. 591, 1996 No. 5, item. 34 and no. 24, item. 110, 1997 No. 28, item. 153, no. 96, item. 590, no. 104, item. 661, no. 121, item. 770 and no. 141, item. 943, 1998, no. 50, item. 310, no. 106, item. 668 and no. 162, item. 1115 and 1118, 2000, no. 120, item. 1268 and no. 122, item. 1314, 2001 No 85, poz. 924, no. 103, item. 1129, no. 111, item. 1193 and 1194 and Nr 126, poz. 1383, 2002, no. 4, item. 33 and 34, no. 150, item. 1239, No 153, item. 1271 and No 200, item. 1683, 2003 No. 65, item. 595, no. 128, item. 1176, Nr 137, poz. 1304 and no. 213, poz. 2081 and 2004 No. 96, item. 959.7) amendments to the said Act were announced in the OJ 1998, No. 106, item. 668, 2000, no. 120, item. 1268 and no. 122, item. 1314, 2001 No 85, poz. 924 and no. 111, item. 1194, with 2002, no. 4, item. 33 and No 150, item. 1239, 2003, no. 65, item. 595, Nr 137, poz. 1304 and no. 213, poz. 2081 and 2004 No. 96, item. 959.8) revision of the text of the single listed the Bill were announced in OJ 2003, no. 162, item. 1568 and No 190, poz. 1864 and 2004 No 19, item. 177, no. 69, poz. 624, no. 91, item. 873 and no. 96, item. 959.9) change the text of the uniform that Act were announced in the OJ of 2002, no. 23, item. 220, Nr 62, poz. 558, no. 153, item. 1271 and no. 214, item. 1806, 2003 No. 162, item. 1568 and 2004 No 102, item. 1055.10) changes that Bill were announced in OJ 2001 No. 154, poz. 1803, 2002 No. 113, item. 984, Nr 130, poz. 1112, no. 233, poz. 1957 and No. 238, item. 2022, 2003, no. 80, item. 717, no. 165, poz. 1592, no. 190, poz. 1865 and No 228, item. 2259 and 2004 No 92, POS. 880 and no. 96, item. 959.11) changes that Bill were announced in OJ 2001 No. 115, item. 1229, 2002 No. 74, item. 676, no. 113, item. 984, No 153, item. 1271 and no. 233, poz. 1957, 2003 No. 46, item. 392, no. 80, item. 717 and 721, no. 162, item. 1568, no. 175, poz. 1693, no. 190, poz. 1865 and No 217, POS. 2124 and 2004 No 19, item. 177, no. 49, item. 464, no. 70, item. 631, no. 91, item. 875, No 92, POS. 880 and no. 96, item. 959 [1] Article. 2 paragraph 17 repealed by article. 9 paragraph 1 of the law of 24 January 2014, amending the law on the principles of development policy and certain other laws (OJ poz. 379). The amendment entered into force on April 8, 2014.

[2] Article. 5 paragraph 1 repealed by article. 9 section 2 of the Act of 24 January 2014, amending the law on the principles of development policy and certain other laws (OJ poz. 379). The amendment entered into force on April 8, 2014.

[3] Article. 6 (2). 1 repealed by article. 9 section 3 of the law of 24 January 2014, amending the law on the principles of development policy and certain other laws (OJ poz. 379). The amendment entered into force on April 8, 2014.

[4] Article. 7 repealed by article. 9 section 4 of the Act of 24 January 2014, amending the law on the principles of development policy and certain other laws (OJ poz. 379). The amendment entered into force on April 8, 2014.

[5] Article. 15 repealed by article. 9 section 5 of the Act of 24 January 2014, amending the law on the principles of development policy and certain other laws (OJ poz. 379). The amendment entered into force on April 8, 2014.

[6] Article. 16 repealed by article. 9 section 5 of the Act of 24 January 2014, amending the law on the principles of development policy and certain other laws (OJ poz. 379). The amendment entered into force on April 8, 2014.

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