ACT

of 6 December 2006

on the principles of development policy

• Metric
• Codified text

Chapter 1

General provisions

Article 1. [ Substantive Scope] 1. The Act lays down the rules for the conduct of development policy, the entities conducting this policy and the mode of cooperation between them.

2. The Act does not apply to programmes co-financed by the European Agricultural Fund for Rural Development and from funds supporting the maritime or fishing sectors, excluding the provisions of Chapters 1, 2, 2b and 7 and the provisions of art. 14e, art. 14f, art. 14g ust. 1, 2 and 4, art. 14h, art. 14j and art. 14l.

Article 2. [ Explanatory provision] The development policy is understood to be a team of interrelated activities undertaken and implemented to ensure the sustainable and sustainable development of the country, socio-economic, regional and spatial cohesion, improving competitiveness and improving the competitiveness of the country. economy and creation of new jobs on a national, regional or local scale.

Article 3. [ Parties to development policy] Development policy shall lead to:

1) the Council of Ministers;

2) provincial government;

3) the district and municipal authorities.

Article 3a. [ Tasks Of The Minister Of Regional Development] The Minister for Regional Development shall coordinate the implementation of the development strategies co-financed by the State budget or development measures coming from the European Union or from other foreign sources by:

1) undertaking initiatives in the field of strategic programming, including development policy;

(1a) taking initiatives, developing or coordinating the development and negotiation, unless otherwise provided by the law, of programming documents relating to the programming periods of the European Union;

(1b) take initiatives, develop, negotiate and sign programmes co-financed with non-reimbursable resources from the assistance provided by the Member States of the European Free Trade Agreement (EFTA);

1c) execution, unless otherwise provided by the law, of the tasks of the Member State of the European Union laid down in the European Union's rules on the Structural Funds and the Cohesion Fund and in the Partnership Agreement;

2. programming and implementation of regional policy;

3) periodic evaluation of the implementation of the strategies referred to in art. 9, in relation to the objectives and priorities of the country's medium-term development strategy, and to present opinions on the compliance of strategies and programmes with the country's medium-term development strategy;

(3a) taking initiatives, programming and coordinating the implementation of spatial planning and development at national and regional levels, unless otherwise provided by separate provisions;

3b) take initiatives, programming and conduct urban policy;

4) monitoring and evaluating the country's development in regional and spatial terms and presenting recommendations to the Council of Ministers in this regard;

(4a) coordinating and implementing the evaluation process of development policy;

5. compiling the report on socio-economic, regional and spatial development referred to in art. 35b, together with recommendations for development policy;

6) (repealed);

7) other instruments specified in separate statutes.

Article 4. [ Basis for Development Policy] 1. The development policy shall be carried out on the basis of development strategies, programmes and programming documents.

2. (repealed).

3. Development policy may be carried out also on the basis of legal and financial instruments specified in separate regulations.

Article 5. [ Definitions] The terms used in the Act shall mean:

1) beneficiary-a natural person, a legal person or an organizational unit without legal personality, whose law grants legal capacity, implementing projects financed from the state budget or from foreign sources on the basis of a decision or Project co-financing agreements;

(1a) programming documents-the Partnership Agreement and the programmes for its implementation;

2) the managing authority-the competent minister, minister competent for regional development or, in the case of the regional operational programme, the administrative board of the voivodship responsible for the preparation and implementation of the operational programme;

(3) an intermediary body, a public administration body or another body of the public finance sector, to which it has been entrusted, by agreement with the managing authority, part of the tasks relating to the implementation of the operational programme; the intermediary institution shall perform the functions of an intermediary institution within the meaning of the Article. 2 point 6 of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (Dz. Urz. EU L 210, 31.07.2006, p. 25-78);

4) implementing body-a public or private body to which under an agreement or agreement has been entrusted, within the operational programme, the implementation of tasks relating directly to the beneficiaries; implementing institution (institution (b) the second step shall be the same as the intermediary of the intermediary institution within the meaning of 2 point 6 of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999;

(4a) audit authority-a public administration authority functionally independent of the managing authority and the certifying authority, designated for each operational programme and responsible for verifying the effective operation of the system management and control; the audit authority shall carry out the tasks referred to in Article 4. 62 Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999;

4b) the concept of spatial development of the country-the concept referred to in art. 47 of the Law of 27 March 2003. planning and planning of spatial planning (Dz. U. 2012 r. items 647, of late. zm.);

4c) territorial contract-a contract specifying the priority objectives and projects which are important for the development of the country and the voivodship indicated in it, the way in which they are financed, coordinated and implemented, and the funding, which is to be developed. by the Management Board of the voivodship, the programmes for implementing the Partnership Agreement on Cohesion Policy;

5) (repealed);

(6) eligibility of expenditure-fulfillment of expenditure incurred in the operational programmes of the criteria:

(a) consistency with the provisions of the operational programme,

(b) specified in detail by the managing authority in accordance with Article 26 par. 1 point 6,

(c) the additional funding provided for the source in question in the case of programmes financed by foreign sources;

6a) [ 1] functional area-the area referred to in Article 2 point 6a of the Act of 27 March 2003. planning and planning for spatial planning;

6b) [ 2] the area of strategic intervention of the State, the area which is the subject of the concentration of territorial development policy activities, including rural areas;

6c) [ 3] problem area-the area of strategic intervention of the State in which the adverse events for the socio-economic development of the area and its population are identified;

7. the social and economic partners-employers ' organisations and trade union organisations within the meaning of the Act of 6 July 2001. about the Tripartite Commission for Economic and Social Affairs and provincial committees of social dialogue (Dz. U. No 100, pos. 1080, with late. zm.), self-governments, chambers of economy, non-governmental organisations and scientific units within the meaning of art. 2 point 9 of the Act of 30 April 2010. on the principles of financing science (Dz. U. Nr 96, pos. 615, of late. zm.), as well as the Board of Public benefit activities;

7a) programmes for the implementation of the Partnership Agreement-programmes:

(a) in the field of cohesion policy, programmes implemented using the European Regional Development Fund, the European Social Fund and the Cohesion Fund, with the exception of the European Territorial Cooperation programmes,

(b) implemented with the use of the European Agricultural Fund for Rural Development and the funds supporting the maritime or fishing sectors;

8) (repealed);

9) a project-a project carried out under an operational programme on the basis of a decision or a grant agreement, concluded between the beneficiary and the managing authority, an intermediate body or a implementing body;

9a) Partnership Agreement-a contract specifying the conditions, objectives and directions for the use of funds from the budget of the European Union, prepared with the participation of the social partners and economic partners and approved by the European Commission;

10) (repealed);

11) (repealed).

Article 6. [ Development Strategy Project] 1. Development strategy projects shall be subject to consultation with local government units, social and economic partners and with the Commission of the Joint Government and Local Government.

2. The entity developing the draft development strategy shall announce in the national gazette and on its website the consultation, and in particular the invitation to participate in the consultation process, the venue and the topics of meetings and the conference and the address of the website on which the draft development strategy is provided, subject to paragraph. 2a.

2a. In the case of a regional development strategy project, the entity shall announce the consultation of the national or regional logbook and on its website.

3. The entities referred to in paragraph. 1, they may, within 35 days of the date of the notice referred to in paragraph. 2, express the opinion of the project. Failure to submit an opinion within the time limit shall mean giving up the right of expression.

4. Within 30 days from the date of completion of the consultations referred to in paragraph. (1) the organisers shall draw up a report on the progress and results of the consultation, including in particular the comments made during the consultation and the explanatory memorandum and shall make them public on their own website.

Article 6a. [ The provisions to be taken into account when developing the draft development strategy and programmes] The provisions of the Act of 3 October 2008 shall apply to the development of the development strategy, programmes, partnership agreements and programmes for the implementation of the Partnership Agreement. providing information on the environment and its protection, public participation in environmental protection and on environmental impact assessments (Dz. U. of 2013 r. items 1235 and 1238).

Article 6b. [ Coordination and implementation of the evaluation process of development policy] 1. Coordination and implementation of the evaluation process of development policy, referred to in art. 3a (4a), in particular, consist of:

1) to carry out evaluation of development strategies developed by the Minister responsible for regional development and instruments relevant to the implementation of development policy and on that basis to formulate conclusions and recommendations for programming and implementation of development policy;

2) the development of standards and recommendations for the evaluation of development strategies and other documents.

2. The standards and recommendations referred to in paragraph. 1 point 2, the minister responsible for regional development shall include on his website.

3. In the case of the establishment by the Minister responsible for regional development, the national evaluation body of the task referred to in paragraph 3 shall be provided to the competent authority for regional development. 1, performs this unit.

Article 7. (repealed).

Article 8. (repealed).

Chapter 2

Development strategies

Article 9. [ Development Policies] Development strategies are:

1) a long-term strategy for the development of the country-a document setting out the main objectives, challenges and directions of the socio-economic development of the country, taking into account the principle of sustainable development, covering a period of at least 15 years;

2) the country's medium-term development strategy-a document setting out the basic conditions, objectives and directions for the development of the country in the social, economic, regional and spatial dimensions, covering the period of 4-10 years, implemented by development strategies, and the programmes, taking into account the programming period of the European Union;

3) other development strategies-documents determining the basic conditions, objectives and directions of development relating to sectors, fields, regions or spatial development, including functional areas.

Article 10. [ Long-term strategy for country development] 1. Long-term development strategy of the country shall specify in particular:

1) the main objectives, challenges and directions of development of the country, resulting from the processes occurring inside the country, as well as changes in its external environment;

2) a comprehensive socio-economic concept of the development of the country in the long term, taking into account the social, economic, environmental, territorial and institutional dimension.

2. (repealed).

3. The long-term development strategy of the country takes into account the conditions arising from membership of the European Union.

Article 10a. [ Development Policies] 1. The development strategies referred to in art. 9 points 2 and 3, take into account the objectives and directions of the country's sustainable development as defined in the country's spatial planning concept.

2. Prior to the adoption of the development strategy referred to in art. 9 points 2 and 3, the competent minister or the management board of the voivodship shall prepare an evaluation report giving prior evaluation of the effectiveness and efficiency of the implementation of the strategy.

Article 11. [ Preparation, reconciliation and adoption of the project of a long-term country development strategy] 1. The preparation and reconciliation of the project of a long-term development strategy of the country shall be coordinated by the President of the Council of Ministers or a representative appointed by him.

2. (repealed).

3. During the procedure of the preparation and reconciliation of the long-term development strategy of the country, the Sejm and the Senate may hold a debate on development policy.

4. Long-term strategy of development of the country shall be adopted by the Council of Ministers by way of resolution.

5. The President of the Council of Ministers shall inform the Sejm and the Senate about the adoption by the Council of Ministers of a long-term strategy of the country

Article 12. [ Update of the country's long-term development strategy] 1. Long-term development strategy of the country can be updated at any time, if the current socio-economic situation of the country requires this.

2. An article shall apply to the updating of the long-term development strategy of the country. 11 (1) 1 and 3-5.

Art. 12a. [ Medium-term Country Development Strategy] 1. The country's medium-term strategy of development shall include in particular:

1) the diagnosis of the social, economic, regional and spatial situation of the country, taking into account the state of the environment;

2) the forecast of development trends over the period covered by the strategy;

3. (repealed);

4) the definition of strategic objectives during the period of implementation of the strategy in the social, economic, regional and spatial dimensions together with the desired indicators of their implementation;

5) (repealed);

6) determine the directions of the state policy, including the intervention of the entities referred to in art. 3, to achieve the objectives of strategic development policy;

7) (repealed);

8) [ 4] the definition of strategic areas for state intervention, including problem areas;

(9) the assumptions of the implementation system and the financial framework.

2. The project of the country's medium-term development strategy shall be developed and agreed by the minister competent for regional development in cooperation with the relevant ministers.

3. The country's average development strategy shall determine the strategic tasks of the country and the rules for their inclusion in the programmes.

4. (repealed).

5. Rules of Art. 11 (1) 3-5 shall apply mutatis mutandis.

6. (repealed).

7. On average, the country's development strategy is subject to update, if the socio-economic situation of the country so requires.

(8) To update the country's medium-term development strategy, the paragraph shall apply mutatis mutandis. 2 and Article 11 (1) 3-5.

Article 13. [ Consistency of other strategies with the country's medium-term development strategy] 1. The development strategies referred to in art. Article 9 (3), is consistent with the country's medium-term development strategy and sets out in particular:

1) the diagnosis of the situation in relation to the scope of strategic programming, taking into account the state of the environment and spatial and territorial differentials;

2) the forecast of development trends over the period covered by the strategy;

3. determination of the objectives of development, including the directions of intervention, in the area covered by the strategy, together with the desired indicators of implementation, taking into account spatial or territorial differentiations;

4) (repealed);

5) (repealed);

6) implementation systems and financial framework.

2. The development strategies referred to in art. Article 9 (3) may cover a period beyond the period of application of the medium-term development strategy of the country, if this is due to the development specificity of the area concerned and may contain elements other than those referred to in the paragraph. 1, if this is due to international obligations.

3. Where the development strategies referred to in art are concerned Article 9 (3), covers a period beyond the period of application of the medium-term development strategy of the country, in which the period corresponding to the duration of the medium-term development strategy of the country shall be allocated to the strategy.

Art. 13a. [ Development Strategy Implementation System] The development strategy implementation system contains the conditions and procedures in place in the implementation of the strategy.

Article 14. [ Developing and reconciling projects of other policies] 1. A draft of the development strategy referred to in art. Article 9 (3), draw up and agree on the competent minister, on his own initiative or in the implementation of the commitment imposed by the Council of Ministers, and submit it to the Minister for Regional Development for the purpose of issuing an opinion on compliance with the the medium-term development strategy of the country and with the scope set out in Article 13 (1) 1, except in cases where the project of development strategy develops the management board of the voivodship.

2. The Minister responsible for regional development shall issue the opinion referred to in paragraph 1. 1, within 30 days from the date of receipt of the draft development strategy referred to in art. 9 point 3.

3. In the case of the Minister responsible for the development of the regional opinion on the non-conformity of the draft development strategy referred to in art. 9 point 3, with the country's medium-term strategy for the development of the country or with the scope set out in Article 3. 13 (1) (1) The competent minister shall prepare a written position for that opinion.

4. The competent minister shall submit for consideration by the Council of Ministers the draft development strategy referred to in art. Point 3, together with the opinion referred to in paragraph 3. 1, and the position referred to in paragraph 1. 3.

5. The Council of Ministers or the Sejmik of the voivodship shall adopt, by way of a resolution, the development strategy referred to in art. 9 point 3.

Art. 14a. [ Other development strategies relating to regions] 1. The development strategies referred to in art. For the regions concerned, point 3 shall, in particular:

1) a national strategy for regional development;

2) a trans-regional strategy;

3) the development strategy of the voivodship referred to in art. 11 of the Act of 5 June 1998. o self-government of the voivodship (Dz. U. of 2001. Nr 142, pos. 1590, with late. zm.).

2. The projects of the national regional development strategy and the trans-regional strategies shall be drawn up by the Minister responsible for regional development in consultation with the local government units and the social and economic partners.

3. The National Strategy for Regional Development and transnational strategies shall be adopted by the Council of Ministers, by way of a resolution, for a period which is not beyond the period of application of the medium-term development strategy of the country.

Article 14b. [ National Strategy for Regional Development] 1. The National Strategy for Regional Development shall specify:

1) the determinants, objectives and directions of regional development;

2. regional policy;

3) the principles and mechanisms of cooperation and coordination of the activities undertaken by the Council of Ministers at the national level, with the activities undertaken by the territorial self-government at the level of the region.

2. The national strategy of regional development shall include in particular the elements referred to in art. 12a ust. 1, on a regional basis, and shall take into account the arrangements contained in:

1) the country's medium-term development strategy;

2) other development strategies.

Article 14c. [ The document established in order to ensure the implementation of the European cohesion policy in Poland] In order to ensure the implementation of the European cohesion policy in Poland, a document referred to in Title II of Chapter II of Council Regulation (EC) No 1083/2006 of 11 July 2006 shall be established. laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999, hereinafter referred to as the 'national cohesion strategy'.

Art. 14d. [ Provisions setting out the principles of multiannual financing for the implementation of development policy] The principles of multi-annual financing for the implementation of development policy define the provisions on public finances.

Chapter 2a

Software documents

Art. 14e. [ Draft Partnership Agreement] 1. The draft partnership agreement shall draw up the minister responsible for regional development in cooperation in particular from:

1) Ministers competent for the scope of the Partnership Agreement;

2) boards of voivodships;

3) social and economic partners.

2. The draft of the Partnership Agreement shall give an opinion of the Committee of the Government and Local Government.

3. The development strategies referred to in Article 3 shall be taken into account when developing the draft Partnership Agreement. 9, and the concept of spatial development of the country.

4. The draft of the Partnership Agreement shall be adopted by the Council of Ministers, by way of a resolution, at the request of the minister competent for regional development.

5. The Minister responsible for regional development negotiates with the European Commission adopted by the Council of Ministers a draft partnership agreement.

6. The Partnership Agreement approved by the European Commission shall be forwarded to the members of the Council of Ministers.

7. The Minister for Regional Development announces in the Official Gazette of the Republic of Poland "Monitor Polski" message about:

1) the decision of the European Commission approving the Partnership Agreement;

2) the address of the website on which the content of the Partnership Agreement will be posted.

8. The provisions of the paragraph. 1-7 shall apply mutatis mutandis in the event of a revision of the Partnership Agreement.

Art. 14f. [ Annual Report on the implementation of the Partnership Agreement] 1. The Minister responsible for regional development shall draw up an annual report on the implementation of the Partnership Agreement within 8 months of the end of each year and submit it to the Committee on Partnership Agreement and the Council of Ministers for news.

2. The first annual report on the implementation of the Partnership Agreement covering the years 2014 and 2015, the minister competent for regional development shall draw up in 2016. The last annual report, in 2022, shall be drawn up by the Minister responsible for regional development in 2023.

3. The Minister responsible for regional development shall draw up, in the years 2017 and 2019, the progress reports on the implementation of the Partnership Agreement and submit it to the Committee on Partnership Agreement and the Council of Ministers for news, and submit them to the Committee of Ministers. The European Commission.

4. The Minister responsible for regional development shall draw up, by 30 June 2025, a final report on the implementation of the Partnership Agreement.

5. The Minister for Rural Development and the Minister responsible for fisheries shall communicate to the Minister responsible for regional development, within six months of the end of each year, the annual reports on the implementation of the programmes for the the implementation of the Partnership Agreement in the jurisdiction of these ministers. The first annual report, covering the years 2014 and 2015, is transmitted in 2016. The last annual report, for 2023, shall be transmitted by 31 January 2025.

Art. 14g. [ Coordination of preparation of programmes for the implementation of the Partnership Agreement] 1. Regional Minister for Regional Development:

1) coordinate the preparation of programmes for the implementation of the Partnership Agreement;

2) may initiate programmes for the implementation of the Partnership Agreement on the cohesion policy and their changes, being developed by the Board of Governors;

3. develop programmes for the implementation of the Partnership Agreement in the field of cohesion policy;

4) give an opinion on the draft programmes for the implementation of the Partnership Agreement and the amendments thereto, as to the compatibility with the Partnership Agreement.

2. Coordination of the preparation of programmes for the implementation of the Partnership Agreement consists of:

1) monitoring the state of preparation of these programmes;

2. to ensure a coherent and complementary system of information and promotion of those programmes.

3. Coordination of the preparation of programmes for the implementation of the Partnership Agreement on the cohesion policy referred to in paragraph 1. Article 1 (1), in particular, shall consist of:

1) representing the Republic of Poland in its dealings with the European Commission;

2) conducting, in cooperation with the competent ministers and management boards of voivodships, negotiations with the European Commission aimed at agreeing the content of these programmes and their changes;

3) proposing the entities to be responsible for the management and control of these programmes.

4. The Minister for Rural Development and the Minister responsible for fisheries shall draw up programmes for the implementation of the Partnership Agreement with the use of the European Agricultural Fund for Rural Development (EAFRD) and funds in support of maritime or fishing sectors, and:

1) represent the Republic of Poland in its dealings with the European Commission;

2. conduct negotiations with the European Commission to agree on the content of these programmes;

3. They shall propose the entities to be responsible for the management and control of those programmes.

5. The Board of Governors shall draw up a programme for the implementation of the Partnership Agreement on Cohesion Policy for a given voivodship.

Art. 14h. [ Taking into account the arrangements of the Partnership Agreement] The competent authority shall take into account the arrangements for the Partnership Agreement when drawing up the programme for the implementation

Art. 14i. [ Programme to implement the Partnership Agreement on Cohesion Policy] The programme for the implementation of the Partnership Agreement on Cohesion Policy shall, in particular, specify:

1) the selected objectives, intended to be achieved in accordance with the Partnership Agreement and the justification for their choice, taking into account national or regional circumstances and the prior evaluation of the effectiveness and efficiency of the implementation of this programme;

2) the expected results to be achieved by the implementation of this programme;

3) a description of the actions that may be eligible for funding under this programme;

4) the financial plan;

(5) an institutional system identifying the institutions and bodies involved in the implementation of the programme and their links.

Art. 14j. [ Project for the implementation of the Partnership Agreement] 1. A project of a programme for the implementation of a partnership agreement developed by:

1) the minister responsible for regional development, the minister responsible for the development of the village and the minister responsible for fisheries, shall be adopted by the Council of Ministers,

2) the Management Board of the voivodship, is adopted by the Board of Governors

-by way of a resolution, after having obtained the opinion referred to in Article 14g ust. Article 1 (4), prior to the adoption by the European Commission, of the European Commission.

2. Programs for the implementation of the Partnership Agreement:

1) in the area of cohesion policy, after the adoption by the European Commission, shall be forwarded by the minister competent for regional development,

2. implemented with the use of the European Agricultural Fund for Rural Development and the funds to support the maritime or fisheries sectors, after the adoption by the European Commission, shall be provided by the Minister responsible for the implementation of the measures. for the development of the village or minister responsible for fisheries

-to the members of the Council of Ministers.

Art. 14k. [ Application of provisions of the Act] The provisions of Article 1 shall apply mutatis mutandis to the programmes for the implementation of the Partnership Agreement on cohesion policy. 19a and art. 20 para. 2a, 3 and 3b.

Art. 14ka. [ Proposals for amendments to the programme for the implementation of the Partnership Agreement on Cohesion Policy] 1. The proposals for amendments to the programme for the implementation of the Partnership Agreement on cohesion policy shall be drawn up by the competent authority managing the programme and shall submit them for approval by the monitoring committee referred to in Article 3. 47 of the Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013. establishing common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime Fund and Fishing and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 176ance The Council of the ECB shall Urz. EU L 347, 20.12.2013, p. 320), hereinafter referred to as "Regulation No 1303/2013", and the Minister for Regional Development Affairs for the purpose of expressing an opinion.

2. After approving the amendments and obtaining the opinion referred to in art. 14g ust. Article 1 (4), amendments to the programme for the implementation of the Partnership Agreement on cohesion policy, drawn up by the Minister responsible for regional development, shall be adopted by the Council of Ministers, by way of a resolution, before the adoption of the adoption of the by the European Commission.

3. The Council of Ministers may, by way of a resolution, authorise the Minister responsible for regional development to adopt changes to the programme for implementation of the Partnership Agreement on Cohesion Policy, drawn up by the Minister responsible for the matter the regional development, to the extent specified in the mandate.

4. The changes referred to in paragraph. 3, may concern elements not covered by the decision of the European Commission adopting the programme referred to in Article 3. 96 (1) 10 of Regulation (EC) No 1303/2013.

5. The Minister responsible for regional development shall inform the Council of Ministers of any changes referred to in the paragraph. 3, within one month of the date of adoption by the monitoring committee referred to in Article 3. 47 of Regulation No 1303/2013, a resolution amending the programme.

6. After approving the amendments and obtaining the opinion referred to in art. 14g ust. 1 point 4, changes of the programme for the implementation of the Partnership Agreement on the cohesion policy, developed by the Board of Governors, shall be adopted by the Management Board of the voivodship, by way of a resolution, before the referral to the adoption by the European Commission.

Article 14kb. [ Application to the public programme] The managing authority for the programme for the implementation of the Partnership Agreement on the cohesion policy shall:

1) make public, in particular on its website and on the portal referred to in art. 115 (1) 1 litas b of Regulation (EC) No 1303/2013, that programme and its amendments, as well as the time limit from which the programme or its amendments are applied;

2) announces in the Official Gazette of the Republic of Poland "Monitor Polski" the message about the address of the website and the portal referred to in art. 115 (1) 1 litas (b) Regulation (EC) No 1303/2013 on which the programme will be incorporated and its amendments, as well as the date from which the programme or its amendments are applied, in the case of a programme for the implementation of the Partnership Agreement in the field of cohesion policy by the Minister responsible for regional development, and in the case of a programme for the implementation of the Partnership Agreement on the cohesion policy developed by the Management Board of the voivodship-in the voivodship of the official journal.

Art. 14l. [ Committee on the Partnership Agreement] 1. In order to ensure coordination and monitoring of the implementation of the Partnership Agreement, in particular the programmes for its implementation, including those co-financed by the European Agricultural Fund for Rural Development and the Funds the Committee on the Partnership Agreement shall be set up in support of maritime or fishing sectors.

2. In particular, the tasks of the Committee for the Partnership Agreement shall be:

1) review of the implementation of the Partnership Agreement and the programmes for the implementation of the Partnership Agreement from the point of view of progress towards achieving the objectives of this Agreement;

2) formulating proposals for amendments to the Partnership Agreement;

3) analyse the situations that affect the implementation of the Partnership Agreement, and identify horizontal issues related to the implementation of the Partnership Agreement requiring evaluation;

4) in case of finding delays or systemic problems associated with the implementation of the Partnership Agreement, issue for the managing bodies of programmes implementing the Partnership Agreement of Recommendations for in particular improvement the effectiveness of these programmes in terms of achieving its objectives, including corrective actions, related to the fulfilment of the conditions resulting from the Republic of Poland's membership in the European Union;

5) to give an opinion on the communication strategy of cohesion policy and its changes.

3. The Partnership Agreement shall be chaired by the Minister responsible for regional development.

4. The Deputy Chairman of the Committee to the issues of the Partnership Agreement shall be:

1) a representative appointed jointly by the Minister responsible for the development of the village and the minister responsible for fisheries;

2) a representative appointed by the minister responsible for economic affairs.

5. The President of the Committee on the Partnership Agreement may set up subcommittees, specifying the scope of their tasks.

6. The Committee of the Partnership Agreement shall consist of:

1) the representatives of the institutions managing programmes for the implementation of the Partnership Agreement;

2. representatives of the Ministers competent for the scope of the Partnership Agreement;

3) a representative of the Minister responsible for public finance;

4) a representative of the minister responsible for economic affairs;

5) a representative of the President of the Central Statistical Office;

6) 3 representatives of the local government of the Committee of the Joint Government and Local Government;

7) representatives of social and economic partners.

7. The President of the Committee on the Partnership Agreement shall appoint and dismiss its members by ensuring, taking into account the principle of partnership, that representatives of:

1) the local government party, taking into account the representatives of the local government of the Commission of the Joint Government and Local Government,

2) the government party,

3) social and economic partners

-they accounted for 1/3 of the Committee's composition.

8. The Committee on the Partnership Agreement shall be appointed for the duration of the Partnership Agreement.

9. The working mode of the Committee for the matters of the Partnership Agreement shall lay down the rules of procedure, adopted by a simple majority of votes by the Committee, by a simple majority.

10. Support of the Committee's administrative and administrative services to the Partnership Agreement shall be provided by the office serving the Minister responsible for regional development.

Chapter 2b

Territorial contract

Art. 14m. [ Position regarding the scope and content of the territorial contract] The minister responsible for regional development shall draw up, in cooperation with the ministers responsible for the scope of the territorial contract covered by the territorial contract, a position on the scope and content of the territorial contract, including the objectives of relevant importance. for the development of the country and the voivodship covered by the contract, and submit them to the Council of Ministers.

Art. 14n. [ Proposal for a position on the proposed scope and content of the territorial contract] 1. The Board of the voivodship shall develop a draft of the position concerning the proposed scope and content of the territorial contract, including the objectives and priority projects of significant importance for the development of the voivodship covered by the contract.

2. The draft of the position referred to in paragraph. 1, the Board of Governors shall submit for an opinion by the local government units located in the territory of the voivodship covered by the territorial contract, competent due to the scope of the contract. The opinion shall be expressed during the conference, which shall be attended by representatives of the management board of the voivodship and representatives of the competent local government units.

3. The Management Board of the voivodship shall adopt, by way of a resolution, a position on the proposed scope and content of the territorial contract, including the objectives and priority projects of significant importance for the development of the voivodship covered by the contract.

Art. 14o. [ Approved Territorial Contract] 1. On the basis of the positions referred to in art. 14m and art. 14n ust. 3, the minister responsible for regional development and the management of the voivodship shall negotiate the draft of the territorial contract.

2. The Council of Ministers by a resolution:

1) approve the negotiated territorial contract;

2) specifies the scope and terms of the funding of the programme to implement the Partnership Agreement on the cohesion policy drawn up by the Board of Governors of the funds coming from the state budget or from foreign sources.

3. The Management Board of the voivodship approves the negotiated territorial contract by way of a resolution.

4. The approved territorial contract shall include the minister competent for regional development and the competent administration of the voivodship.

Art. 14p. [ Territorial Contract] 1. The territorial contract shall specify at least:

1) the voivodship to which it relates;

2) the objectives foreseen for implementation on the territory of a given voivodship;

3. the priority projects and the conditions for their implementation, in line with the objectives resulting from the development strategies referred to in Article 3 (2) of the EC Directive, as appropriate. 9;

4) the period of implementation of the priority projects;

5. the expected results of the priority projects;

6) the source of its financing;

7) the scope and mode of reporting of its implementation;

8) the manner in which the minister responsible for regional development and monitoring of the implementation of the regional control is carried out;

9) the manner and conditions for verifying the implementation of the priority projects;

10) the conditions for its amendments;

11) the conditions and manner of its solution.

2. The territorial contract shall also specify the amount, manner and conditions for financing the programmes for the implementation of the Partnership Agreement on cohesion policy, drawn up by the Board of Governors, and the obligation to apply the guidelines, o which are referred to in art. 5 of the Act of 11 July 2014. on the principles of implementation of the cohesion policy programmes financed in the financial perspective 2014-2020 (Dz. U. Entry 1146).

3. To amend the territorial contract of the provisions of art. 14m-14o shall apply mutatis mutandis.

4. Changes to the territorial contract within the scope referred to in paragraph. 1 points 4 and 7 to 9, and regarding the manner and conditions of the financing of programmes for the implementation of the Partnership Agreement on cohesion policy, developed by the Board of Governors, do not require adoption by a resolution of the Council of Ministers.

Art. 14q. [ Implementation of territorial contract] 1. The implementation of the territorial contract shall be coordinated by the Minister responsible for regional development, and by the local government, the competent administrative board of the voivodship.

2. In order to implement the obligations resulting from the territorial contract the Management Board of the voivodship contains agreements with the units of local government, involved in the implementation of its provisions, located on the territory of the voivodship contract.

3. Implementation of the priority objectives and projects essential for the development of the country and the voivodship, defined in the territorial contract shall be financed in particular by means of programmes and programmes for the implementation of the contract partnerships or from the budgets of local government units located in the territory of the voivodship covered by the territorial contract.

Art. 14r. [ Information on the implementation of the contract in the previous year] 1. The entities involved in the implementation of the territorial contract shall transmit, by 31 March each year, the minister competent due to the scope covered by the territorial contract, within the scope of its properties, in relation to the objectives and actions, o which are referred to in art. 14p ust. 1 points 2 and 3, not covered by the programmes for the implementation of the Partnership Agreement in the field of cohesion policy, information on the implementation of the contract in the previous year.

2. The Minister responsible for the scope of the territorial contract shall communicate, by 30 April each year, to the Minister responsible for Regional Development, taking into account the information referred to in paragraph 1. 1, information on the implementation of the contract in the previous year.

3. The managing authority for the programme for the implementation of the Partnership Agreement on cohesion policy, in terms of its competence, with regard to the objectives and actions referred to in Article 14p ust. 1 points 2 and 3, which are covered by the programmes for the implementation of the Partnership Agreement on cohesion policy, shall, by 30 April each year, communicate to the Minister responsible for regional development the implementation of the territorial contract in the the previous year.

4. The Minister responsible for regional development shall prepare, taking into account the information referred to in paragraph 1. 2 and 3, in agreement with the competent authority of the voivodship, the information on the implementation of the territorial contract in the previous year.

5. The Minister responsible for regional development shall transmit to the Council of Ministers and the management of the voivodship shall be sent to the Sejmik of the voivodship by 30 June each year, information on the implementation of the territorial contract in the previous year.

Chapter 2c

European Territorial Cooperation Programmes

Art. 14s. [ European Territorial Cooperation Programme] 1. The draft of the European Territorial Cooperation programme referred to in art. 8 of the Regulation (EU) No 1299/2013 of the European Parliament and of the Council of 17 December 2013. on the specific provisions for the support from the European Regional Development Fund under the European territorial cooperation objective (Dz. Urz. EU L 347, 20.12.2013, p. 259), hereinafter referred to as the "EWT programme", Minister for Regional Development:

1) make available on the website and the portal referred to in art. 115 (1) 1 litas b of Regulation No 1303/2013, in order to express an opinion on the draft programme by the social and economic partners whose scope of action relates to this project;

2. it shall give an opinion to the Commission of the Joint Government and the Local Government.

2. The entities referred to in paragraph. 1, they shall deliver an opinion within the time limit set by the Minister responsible for regional development, not less than 14 days from the date on which the draft of the cooperation programme is made available or forwarded to the opinion of the cooperation programme. Failure to express an opinion within the deadline shall mean giving up the right of expression.

3. The Council of Ministers agrees to accede to the cooperation programme, by way of a resolution, before referring it to the adoption by the European Commission.

4. Following the adoption of the cooperation programme by the European Commission, the Minister responsible for regional development:

1) transmit the EWT programme to the Council of Ministers for the message;

2) make public, in particular on its website and on the portal referred to in art. 115 (1) 1 litas b of Regulation (EEC) No 1303/2013, the cooperation programme and the time limit from which this programme is applied;

3) announces in the Official Journal of the Republic of Poland "Monitor Polski" the message about the address of the website and the portal on which the EWT will be posted, as well as the date from which this program is applied.

5. The provisions of the paragraph. 4 shall apply mutatis mutandis in the event of a change to the cooperation programme.

Chapter 3

Operational programmes and development programmes

Article 15. [ Nature and purpose of establishment of programmes] 1. The programmes shall be the operational and implementation documents established in order to implement the country's medium-term development strategy and the development strategies referred to in Article 3. Article 9 (3), which sets out the measures to be implemented in accordance with the financing and implementation arrangements set out in the programme, shall be the programme element. Programmes shall be adopted by means of a resolution or decision of the relevant authority.

2. On average, the country's development strategy and the development strategies referred to in art. Article 9 (3) may also be implemented on the basis of international agreements or agreements, separate programmes, including operational programmes and programmes under the European Territorial Cooperation objective referred to in Chapter III. Regulation (EC) No 1080/2006 of the European Parliament and of the Council of 5 July 2006. on the European Regional Development Fund and the repeal of Regulation (EC) No 1783/1999 (Dz. Urz. EU L 210, 31.07.2006, p. 1) and the programmes referred to in Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006. laying down general provisions on the establishment of the European Neighbourhood and Partnership Instrument (Dz. Urz. EU L 310, 09.01.2006, p. 1), and the legal and financial instruments referred to in the provisions of the European Union.

3. The implementation of the country's medium-term development strategy in the area referred to in paragraph. 2, shall be subject to the rules laid down in international agreements or agreements, as well as in separate programmes, including the operational and financial instruments referred to in paragraph 1. 2, carried out on the basis of the provisions of the European Union designated therein, concerning those programmes and on the basis of the relevant decisions of the European Commission.

4. The programs are:

1) operational programmes-the documents referred to in Article 37 Council Regulation (EC) No 1083/2006 of 11 July 2006 (OJ L 29, 11.7.2006, p. laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999, implementing the objectives set out in the national cohesion strategy and the development strategies referred to in Article 9 point 3; operational programmes shall be national operational programmes and regional operational programmes;

2) development programmes-documents implementing the objectives set out in the development strategies referred to in art. 9 point 3, and multiannual programmes referred to in the public finance regulations.

5. The function of the managing authority for the programmes referred to in paragraph 1. 2, for which the managing authority has been located in the Republic of Poland on the basis of a decision of the European Commission, shall be a minister competent for regional development. Where in the programmes, in accordance with the relevant decision of the European Commission, the managing authority is located outside the borders of the Republic of Poland, the minister competent for regional development acts as a national coordinator.

6. For each operational programme and for the development programme with a value of over 300 million zł, as well as changes in the development programme with a value of over 300 million zł, the institution developing the programme prepares, before its adoption or change, the report evaluation, including prior evaluation of the implementation of the programme.

7. (repealed).

8. In the case of the development or revision of the development programme referred to in paragraph. 6, an institution developing a development programme with a value of over PLN 300 million may, in consultation with the Minister responsible for regional development, deviate from the development of the evaluation report, taking into account in particular the high degree of implementation the public objective and the scale of the impact on the economy and society.

Article 16. [ Period Covered by the Programme] The programme shall cover a period not beyond the duration of the medium-term development strategy of the country or of the development strategies referred to in Article 4. 9 point 3, which it pursues.

Article 17. [ Program Content] 1. The programme shall specify in particular:

1) the diagnosis of socio-economic situation in relation to the scope of the strategic programming and the results of the evaluation report referred to in art. 15 para. 6;

2. the main objective and specific objectives in relation to the country's medium-term development strategy, the national cohesion strategy or the development strategy referred to in Article 3. Article 9 (3), together with the indicators specified;

3) priorities and directions of intervention in the territorial scope, including in the voivodship;

4) how to monitor and assess the degree of achievement of the main objective and the specific objectives;

5. the financial plan, including:

(a) sources of financing for the implementation

(b) the amount of funds allocated to finance the implementation of the programme and its distribution between the different priorities,

(c) the amount of co-financing at the programme level and priorities;

6) the basic assumptions of the implementation system.

1a. The implementation system referred to in paragraph 1. 1 point 6, contains the conditions and procedures of the institutions involved in the implementation of the programme, including management, monitoring, evaluation, control and reporting, and coordination of the activities of these institutions.

2. In the case of operational programmes, the requirements of Council Regulation (EC) No 1083/2006 of 11 July 2006 shall be taken into account. laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999.

3. The method of providing multi-annual financing of the operational programme from resources coming from the state budget or from foreign sources sets out the provisions on public finances.

4. Where the source of the financing under the operational programme is the funds from the special-purpose funds, the funding in this area shall be made on the basis of the provisions relating to these funds.

Article 18. [ Development of the programme] The draft programme shall draw up and agree on:

1. the minister responsible for regional development, in cooperation with the relevant ministers, in the case of a national operational programme;

2) the Management Board of the voivodship in cooperation with the Minister responsible for regional development-in the case of the regional operational programme;

3) the competent minister, the management board of the voivodship, the administrative board or the mayor (mayor, president of the city)-in the case of the development programme.

Article 19. [ Procedure for adoption of programmes] 1. The draft development programme developed by the competent minister shall be submitted to the minister competent for regional development for the purpose of issuing an opinion on compliance with the medium-term development strategy of the country and with the scope set out in art. 17 para. 1.

1a. The Minister responsible for regional development shall deliver the opinion referred to in paragraph 1. 1, within 30 days from the date of receipt of the draft development programme.

1b. When the Minister responsible for regional development issues an opinion on the lack of conformity of the draft development programme with the country's medium-term development strategy or with the scope set out in Article 3 (1) of the EC 17 para. (1) The competent minister shall prepare a written position for that opinion.

1c. The competent minister shall submit for consideration by the Council of Ministers a draft development programme together with the opinion referred to in paragraph 1. 1, and the position referred to in paragraph 1. 1b.

2. The development program developed by the competent minister shall be adopted by the Council of Ministers by way of a resolution.

3. The development program developed by the competent administration of the voivodship shall be adopted by the Board of Governors on the way of a resolution.

3a. The development programme developed by the competent administration of the district is adopted by the district council by means of a resolution.

3b. The development program developed by the competent mayor (mayor, city president) is adopted by the council of the municipality in the way of a resolution.

4. The draft of the national operational programme shall be adopted by the Council of Ministers, by way of a resolution, before the referral to the European Commission.

5. The national operational programme after the adoption by the European Commission, by decision, shall be forwarded to the members of the Council of Ministers.

6. The provisions of the paragraph. 2 to 5 shall apply mutatis mutandis in the case of changes to development programmes or national operational programmes.

7. The competent minister developing the development programme or the minister competent for regional development shall announce in the Official Journal of the Republic of Poland "Monitor Polski" the message on:

1) in the case of development programmes drawn up by the competent minister:

(a) the decision of the Council of Ministers to adopt the development programme or to amend it,

(b) the address of the website where the competent minister developing the development programme will exchange the content of the development programme and the amendments to that programme,

(c) the date from which the development programme drawn up by the Minister responsible or the amendments thereto will be applied;

2. in the case of national operational programmes:

(a) the decision by the European Commission approving the national operational programme or its amendments,

(b) the address of the website on which the managing authority will exchange the content of the national operational programme and the amendments to that programme,

(c) the date from which the national operational programme or its amendments will be applied.

8. The Management Board of the Voivodeship, the Management Board of the district or the mayor (mayor, president of the city) shall announce in the voivodship of the official journal the following message:

1) the adoption of a resolution on the adoption of a development programme, developed by the Board of Governors, the Management Board of the district or the mayor (mayor, the president of the city) or its changes;

2) the address of the website where the content of the development programme will be inserted and the amendments to that programme;

3) the date from which the development programme or its amendments will be applied.

Art. 19a. [ Consultation of programme projects] 1. Projects of programmes shall be subject to consultation with local government units, social and economic partners and the Joint Government and Local Government Commission.

2. Rules of Art. 6 para. 2-4 shall apply mutatis mutandis.

Article 20. [ Regional operational programme] 1. The project of the regional operational programme, providing for funding from the state budget prepares and agrees the management board of the voivodship in cooperation with the minister competent for regional development.

2. The Management Board of the voivodship adopts the project of the regional operational programme by way of a resolution, before the referral to the adoption by the European Commission.

2a. The Minister responsible for regional development, carrying out the tasks of a Member State, shall negotiate regional operational programmes with the European Commission, in the agreement and with the participation of the representative of the managing authority. a regional operational programme.

2b. The Regional Operational Programme, after the adoption by the European Commission, by decision, shall be forwarded by the Minister responsible for regional development to the messages of the members of the Council of Ministers.

3. The managing authority announces the regional official journal of the operational programme in the voivodship.

3a. The provisions of the paragraph. 1-3 shall apply mutatis mutandis in the event of a change of regional operational programmes.

3b. The Minister for Regional Development announces in the Official Gazette of the Republic of Poland "Monitor Polski" the message about:

1) a decision by the European Commission to approve a regional operational programme or change it;

2) the date from which the regional operational programme or its amendments will be applied.

4. (repealed).

5. (repealed).

5a. (repealed).

6. (repealed).

7. (repealed).

8. (repealed).

9. The Board of the voivodship shall communicate to the Sejmik of the voivodship, by 30 June each year, information on the implementation of the regional operational programme in the previous year.

Art. 20a. [ Subsidies from the State budget] 1. Development policy actions constituting the tasks of own local government units not included in the regional operational programme or programme for the implementation of the Partnership Agreement on the cohesion policy, developed by the The Management Board of the voivodship can be financed from the subsidies of the state budget in the event, if the activities:

1) they will permanently contribute to the development and competitiveness of the region, or

2) remain in connection with the activities implemented within the framework of the regional operational programme or the programme to implement the Partnership Agreement in the field of cohesion policy, developed by the Board of Governors.

2. The transfer of the special-purpose subsidy referred to in the paragraph. 1, shall be carried out on the basis of a contract concluded by:

1) the minister responsible for regional development, or

2) the competent minister or the competent local water supply, after having received a positive opinion of the minister competent for regional development

-with local government units, under the rules laid down in the rules on public finances.

Art. 20b. [ Subsidies for customs purposes] 1. Units of public finance sector referred to in art. 9 points 2, 5, 10-14 of the Act of 27 August 2009. on public finances (Dz. U. of 2013 r. items 885, 938 and 1646) may receive targeted subsidies from the State budget for:

1. the priority projects referred to in Article 3. 14p ust. 1 point 3;

2) expenditure arising from or related to the implementation of operational programmes and programmes for the implementation of the Partnership Agreement.

2. The transfer of the special-purpose subsidy referred to in the paragraph. 1, shall be carried out on the basis of a contract concluded by:

1) the minister responsible for regional development, or

2) the competent minister or the competent local water supply, after having received a positive opinion of the minister competent for regional development

-with the units of the public finance sector referred to in paragraph 1. 1, under the rules laid down in the rules on public finances.

Article 21. [ Financing of projects having the characteristics of public aid or de minimis aid] (1) To the extent that the financing of projects under the programmes constitutes aid which fulfils the conditions laid down in Article 4 (1) (b) of the 87 (1) 1 Treaty establishing the European Community or aid de minimis, Specific conditions and modus of assistance shall apply to this financing.

2. The awarding entities referred to in paragraph 2. 1, there are managing authorities, intermediate bodies, implementing bodies or beneficiaries, as well as other entities referred to in art. 2 point 12 of the Act of 30 April 2004. of proceedings in matters relating to public aid (Dz. U. 2007 Nr 59, pos. 404, z Late. zm.).

3. The competent minister or minister competent for regional development-in the area of operational programmes, under which the Board of Governors shall act as a managing authority or an intermediary, shall determine, by means of a regulation, the specific purpose, conditions and modus of the aid referred to in paragraph 1. 1, having regard, in particular, to the need to ensure the compatibility of the aid granted with the conditions of its admissibility, where the separate provisions do not lay down specific conditions and modalities for the granting of such aid.

4. The aid referred to in paragraph 1 1, not covered by the provisions referred to in paragraph 1. 3, or other provisions issued on the basis of separate laws, constitute individual aid, and its purpose and specific terms of the award shall be determined by the decision, the contract for co-financing of the project, the contract for the purpose of the special-purpose subsidy or the act constituting the basis of the contract. its award.

Chapter 3a

Urban policy

Article 21a. [ Urban policy] Urban Policy constitutes a team of legal, financial and planning activities for the sustainable development of cities and their functional areas, aimed at exploing the potential of cities and their functional areas in the processes of the country's development, strengthening the capacity of cities and their functional areas to boost economic growth and create sustainable jobs and improve the quality of life of residents.

Article 21b. [ National Urban Policy] 1. The Minister responsible for regional development shall carry out urban policy on the basis of national urban policy.

2. The National Urban Policy is a document defining the planned activities of the government administration referred to in art. 21a, and taking into account the objectives and orientations set out in the country's medium-term development strategy and the national strategy for regional development.

3. The national urban policy shall include in particular:

1) diagnosis of the most important development challenges addressed to the cities;

2) the basic objectives and directions of the activities of the government administration referred to in art. 21a;

3) the conditions and procedures for its implementation.

Article 21c. [ Draft National Urban Policy] 1. The Minister responsible for regional development develops, in cooperation with local government units, the project of national urban policy.

2. The project referred to in paragraph. 1, Minister for Regional Development:

1) consult the social and economic partners;

2) agree with the members of the Council of Ministers.

3. The national urban policy shall be adopted by the Council of Ministers by way of a resolution.

4. The national urban policy shall be updated at least once every 7 years, taking into account the European Union programming period and the European Union's development strategy, and may be updated at any time, if required by the socio-economic situation of the country.

Chapter 4

(repealed)

Article 22. (repealed).

Article 23. (repealed).

Article 24. (repealed).

Chapter 5

Implementation of operational programmes

Article 25. [ Entities responsible for the correct implementation of the programme] The correct implementation of the programme is:

1) in the case of an operational programme, the managing authority, which is respectively minister competent for regional development affairs or the management board of the voivodship;

2) in the case of the development programme-the appropriate competent minister or board of the voivodship.

Article 26. [ Tasks of the managing authority] 1. The tasks of the managing authority shall be in particular:

1. fulfilling the obligations arising from the Art. 60 of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999;

2) preparation of a detailed description of the priorities of the operational programme and of its amendments, taking into account the guidelines of the Minister responsible for regional development referred to in art. 35 par. 3 point 1;

3. preparation and transmission to the Monitoring Committee for the approval of proposals for the criteria for the selection of projects, meeting the conditions of non-discrimination and transparency, taking into account, in particular, Article 1 16 and art. 17 Council Regulation (EC) No 1083/2006 of 11 July 2006 on the application of Council Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999;

4) the selection, based on the criteria referred to in point 3, of the projects, which will be subsidi-financed under the operational programme;

5) concluding with the beneficiaries of agreements for the co-financing of the project or taking the decision referred to in art. 28 para. 2;

6. determination of the eligibility criteria for expenditure eligible for funding under the operational programme;

7) determining the level of co-financing of the project, as a percentage of the expenditure covered by the co-financing;

8) determine the implementation of the operational programme;

9) (repealed);

10) management of financial resources earmarked for the implementation of the operational programme, coming from the state budget, provincial budget or from foreign sources;

11) making payments from the resources of the operational programme to the beneficiaries;

12. monitoring progress in implementation, the evaluation of the operational programme and the degree of achievement of its objectives;

13) developing, where necessary, proposals for changes to the operational programme;

14) carrying out the control of the implementation of the operational programme, including the control of the implementation of the individual projects financed;

15) recovery of the sums to be recovered, including the issuing of decisions to return the funds transferred to the implementation of the programmes, projects or tasks referred to in the provisions on public finance;

15a) establishment and imposition of financial corrections referred to in art. (Article 98 of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999;

16) ensure proper information and promotion of the operational programme.

2. The managing authority, in carrying out the tasks referred to in paragraph. 1, should take into account the principle of equal access to the aid of all categories of beneficiaries under the programme and ensure the transparency of the rules applicable to the evaluation of projects.

3. The managing authority announces the communication:

1) in the case of a national operational programme-in the Official Journal of the Republic of Poland "Monitor Polski" o:

(a) the address of the website on which the managing authority shall exchange the content of a detailed description of the priorities of the national operational programme or of its amendments,

(b) the date from which a detailed description of the priorities of the operational programme or its amendments will be applied,

(c) (repealed);

2) in the case of a regional operational programme-in the voivodship of the official journal o:

(a) the address of the website on which the managing authority shall exchange the content of a detailed description of the priorities of the regional operational programme or of its amendments,

(b) the date from which the detailed description of the regional priorities of the operational programme or of its amendments will be applied,

(c) (repealed).

Article 27. [ Entruning an intermediate body with part of the tasks related to the implementation of the operational programme] 1. The managing authority may, by agreement, entrust the intermediate body with part of the tasks related to the implementation of the operational programme, and in particular:

1) preparation and transmission of the managing authority a proposal of a detailed description of the priorities of the operational programme on the basis of the guidelines of the minister competent for regional development referred to in art. 35 par. 3 point 1;

2. preparation and transmission to the Monitoring Committee of proposals for project selection criteria;

3) making, on the basis of specified criteria, the selection of projects that will be subsidi-funded under the operational programme;

4) concluding agreements with beneficiaries to fund the project;

5) control of the implementation of the projects financed;

6) making payments from the measures of the operational programme to the beneficiaries;

6a) to issue a decision to reimburse the funds transferred for the implementation of the programmes, projects or tasks, and the decision to pay the interest referred to in the provisions on public finances, as well as to consider appeals against those decisions, issued in the first instances by another institution;

7. recovery of amounts unduly paid to beneficiaries;

8) conducting informational and promotional activities.

2. The managing authority shall be responsible for the correctness of the performance of the tasks entrusted to the intermediate body.

3. The managing authority shall approve the procedures for carrying out tasks within the entrusted tasks, drawn up by the intermediate body.

4. The managing authority or, with its consent, the intermediate body or the implementing body may entrust the implementation of the technical activities related to the handling of its tasks to other entities on the basis of the agreement or agreement respectively.

5. To carry out the technical activities referred to in the paragraph. 4, entrusted to the public finance sector or the foundations, the sole funder of which is the State Treasury, shall not apply the provisions of the Act of 29 January 2004. -Public procurement law (Dz. U. 2007 No. 223, item. 1655, from late. zm.). In such a case, the managing authority or the intermediate body shall bear the necessary costs of carrying out those operations incurred by those bodies or foundations.

Article 28. [ Projects co-financed under the operational programme] 1. Under the operational programme, projects may be co-financed:

1) an individual-of strategic importance for the implementation of the programme, as indicated by the Managing Authority,

2) system, including also technical assistance projects-consisting in the execution of public tasks by entities acting on the basis of separate regulations, within the scope of specific provisions of law and strategy papers adopted by the Council of Ministers,

3) selected in the competition mode

-in accordance with the criteria approved by the Monitoring Committee, meeting the conditions of non-discrimination and transparency, taking into account, in particular, 16 and art. 17 Council Regulation (EC) No 1083/2006 of 11 July 2006 on the application of Council Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999.

1a. Minister for Regional Development in the case of national operational programmes:

1. shall include on its website a list of the projects referred to in paragraph. 1 point 1, and its amendments;

2) announces in the Official Gazette of the Republic of Poland "Monitor Polski" message about the address of the website on which the managing authority will exchange the list of projects referred to in paragraph. 1 point 1, or changes thereof.

1b. The Board of Governors in the case of regional operational programmes:

1. shall include on its website a list of the projects referred to in paragraph. 1 point 1, and its amendments;

2) announces in the voivodship an official message of the address of the website, on which the managing authority will place the list of projects referred to in paragraph. 1 point 1, or changes thereof.

2. If the managing authority or the intermediate body is the beneficiary at the same time, the co-financing of the project shall constitute the basis for co-financing of the project or a decision taken by the managing authority or the intermediate body, in accordance with the adopted implementation system for the operational programme concerned. In the case where the managing authority or the intermediary is the self-government of the state decision is taken in the form of a resolution of the Board of the voivodship.

3. (repealed).

4. (repealed).

5. The documents constituting the system of implementation of the operational programme, as well as their changes shall be published on the websites of the competent managing authority.

6. The documents referred to in paragraph. 5, may not be amended to the detriment of the applicant during the course of a specific round of the contest, in so far as they concern this contest and, in the case of open competitions, their change must not have an adverse effect on the consideration of the submitted making this change to the application for funding.

7. Paragraph Recipe 6 does not apply to cases where the need to make a change is due to international obligations or the provisions of separate laws. In such a case, when making a change to the implementation system, the competent managing authority shall, together with the publication of those amendments, give a statement of the reasons for that change and the time limit from which those changes will be applied.

8. All documents and information submitted by the applicants, evaluated during the course of the contest or the given round of the contest in the case of open competition, and any documents created or prepared in connection with the evaluation of the documents and the information submitted by the applicants, pending the conclusion of all the grant agreements within the framework of the competition, does not constitute public information within the meaning of the Act of 6 September 2001. on access to public information (Dz. U. No 112, pos. 1198, with late. zm.).

(9) Under the operational programme, the projects referred to in paragraph 1 may also be financed. 1, implemented in the form of public-private partnership, on the basis of the Act of 19 December 2008. o public-private partnership (Dz. U. 2009 r. No 19, pos. 100).

Article 28a. [ Partner Project] 1. In order to jointly implement the projects referred to in art. 28 para. 1, to the extent specified by the managing authority, partnerships may be set up by bodies contributing to the project of human, organisational, technical or financial resources, implementing jointly the project, hereinafter referred to as "the partnership project", the conditions set out in the agreement or the partnership agreement or on the basis of separate provisions.

2. The partnership project shall be implemented on the basis of a decision or a grant agreement concluded with the beneficiary acting on behalf of and for the benefit of the partners in the scope of a specific agreement or a partnership agreement.

3. In the case of partner projects, the agreement or the partnership agreement shall define in particular the tasks of the partners, the principles of joint management of the project and the way in which the beneficiary transfers the financial resources to cover the necessary costs incurred by the partners for the implementation of the tasks within the project.

4. In the case of partner projects carried out under the partnership agreement, the entity referred to in art. 3 para. 1 of the Act of 29 January 2004. -Public procurement law, applying for funding, selects partners outside the public finance sector with the principle of transparency and equal treatment of entities, and in particular is obliged to:

1) the announcement of an open selection of partners in the national or local journal and in the Public Information Bulletin; the notice should be indicated by a deadline of at least 21 days for the notification of the partners;

2) to take into account in the selection of partners: the compliance of the potential partner with the objectives of the partnership, the offered contribution of the potential partner to the implementation of the objective of the partnership, experience in the implementation of projects of similar nature, cooperation the beneficiary during the preparation of the project;

3) public information on the pages of the partnership agreement and the scope of the partners ' tasks.

Article 29. [ The announcement of the competition for the purpose of the project to be funded] 1. The managing authority, the intermediate body or the implementing body, in order to create the projects for co-financing in the mode referred to in art. 28 para. 1 point 3, announces a competition on its website.

2. The notice referred to in paragraph 2. 1, contains information covering:

1) type of projects subject to funding;

2) the type of entities that can apply for funding;

3) the amount of funds earmarked for the financing of the projects;

4) the level of co-financing of the projects referred to in art. 26 par. 1 point 7;

(5) the maximum amount of co-financing of the project, if such an amount has been fixed;

6) criteria for the selection of projects;

7) deadline for the contest;

(8) a model application for project financing;

9) the deadline, place and manner of submitting applications for project funding;

10) model agreement for project co-financing;

11. information on the remedies available to the applicant and the conditions under which they are lodged, in accordance with the Art. 30a par. 3 and art. 30b.

3. The managing authority, the intermediate body or the implementing body on the day of the competition announcement shall include in the logbook of the national or regional coverage the competition information containing at least the elements referred to in the paragraph. 2 points 1 to 3 and the address of the website where the competition notice is posted.

4. Until the conclusion of all the agreements for the co-financing of the project with the beneficiaries selected in the competition or as a result of the consideration of the remedies provided for in the Act, the institution announcing the contest shall not cause a deterioration of the rules of the competition, the conditions for the implementation of the project and to impose additional obligations on the entities applying for the financing of the project.

4a. The provision of the paragraph. 4 shall not apply to cases where the need for amendment is due to international obligations or the provisions of other laws.

5. (repealed).

Article 30. [ Agreement for project funding] 1. The basis for the financing of the project shall constitute an agreement for the co-financing of the project concluded with the beneficiary by the managing authority or acting on its behalf or by the implementing body or by the implementing body or decision referred to in art. 28 para. 2.

2. The agreement or decision referred to in paragraph 2. 1, lay down the conditions for the financing of the project, as well as the rights and obligations of the beneficiary with those related.

Article 30a. [ Compliance of the contract with the implementation of the operational programme] 1. The contract for the co-financing of the project shall be concluded in accordance with the implementation system of the operational programme, in relation to the project:

1) which has successfully passed all stages of its evaluation and has been qualified for the funding, and

2) whose co-financing is possible within the available allocation for the implementation of the individual activities and priorities within the operational programme.

2. The managing authority, intermediate or implementing body, in accordance with the implementation system of the operational programme, announces on its website a list of projects referred to in art. 28 para. 1 point 3, which have been qualified for funding.

3. The competent institution referred to in paragraph 3. 2, in writing, shall inform the applicant of the results of the various stages of the evaluation of his project, together with the receipt of the score or information on the fulfilment or failure to meet the criteria for the selection of projects. This information shall include a statement of reasons for the assessment and, where the assessment is negative, also an indication of the possibility of bringing a protest, in accordance with the rules laid down in Article 4 (2) of the Regulation. 30b, containing an indication of:

(1) the competent management authority to which the protest is to be lodged;

(2) the time limit for bringing a protest;

3) the forms and modes of protest;

4) the need to meet the formal requirements referred to in art. 30b (b) 6.

Article 30b. [ Reference from negative project evaluation] 1. Applicants, in the event of a negative assessment of his project, shall be entitled to a remedy in the form of a protest. The protest shall be brought to the competent managing authority.

2. The negative assessment shall be the assessment of compliance with the draft criteria approved by the Monitoring Committee, within which:

(1) the project has not obtained a minimum point or has not met the criteria for the selection of projects, which is not eligible for funding or for the next evaluation phase;

(2) the project has obtained a minimum of points or has met the selection criteria for the projects to be eligible for funding, but the funding is not possible due to the exhaustion of the competition for this purpose of the measures, which are intended to cover the Article 29 par. 2 point 3.

3. Disaping within the competition of the measures referred to in art. 29 par. Article 2 (3) cannot be the sole reason for the protest to be brought.

4. Protest may be brought by the applicant within 14 days from the date of service to him of the information referred to in art. 30a par. 3.

5. The protest shall be made either directly or through the institution which has assessed the project, to the competent managing authority, according to the instructions referred to in art. 30a par. 3.

6. Protest shall be made in written form and shall include:

1. the designation of the competent managing authority to which it is brought;

2) the applicant's data;

(3) the number of the application for funding;

4) an indication of all the criteria of the selection of the project, the assessment of which the applicant does not agree with, together with the justification;

5) an indication of all the pleas of procedural nature in the assessment carried out, together with the reasons for the assessment;

6) the signature of the applicant or the person authorized to represent it, with the annexes of the original or an authenticated copy of the document certifying the strengthening of such a person to act on behalf of the applicant.

7. Subject to art. 30i, paragraph 1, the competent managing authority shall examine the protest within a period of not more than 70 days from the date of its receipt. In justified cases, in particular where the use of expert assistance is necessary in the course of the examination of the protest, the time limit for the examination of the protest may be extended, as the competent managing authority shall inform the applicant in writing. The deadline for consideration of the protest may not exceed 90 days in total.

8. The competent managing authority shall consider the protest taking into account art. 60 lithium and Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999.

9. The competent managing authority shall inform the applicant in writing of the outcome of the deliberation of his protest. This information shall include in particular:

1) the content of the settlement by either taking into account or not taking into account the protest, together with the justification;

2) in the event of failure to take into account the protest-the instructing of the possibility and the time limit for bringing a complaint to the voivodship of the administrative court, on the principles specified in 30c.

10. In consideration of the protest, persons who have been involved in the preparation of the project or in the evaluation of the project may not be involved.

11. The Protest is not subject to consideration if, despite the correct instruction, referred to in art. 30a par. 3, was filed:

1) after the deadline,

2) to the incompetent institution,

3) by an entity other than indicated in art. 29 par. 2 point 2,

4) without meeting the requirements set out in the paragraph. 6

-the competent institution shall inform the applicant in writing.

Article 30c. [ The complaint to the provincial administrative court] 1. After exhaustion of the appeal proceedings before the competent institution and in the case referred to in art. 30i point 1, the applicant may in this regard bring a complaint to the voivodship of the administrative court, according to art. 3 § 3 of the Act of 30 August 2002. -Right of proceedings before administrative courts (Dz. U. 2012 r. items 270, 1101 and 1529).

2. The complaint referred to in paragraph 1. 1, shall be lodged by the applicant within 14 days from the date of service of the information referred to in Art. 30b (b) 9 or Art. 30i point 1, directly to the competent provincial administrative court with the complete documentation on the case. The application shall be subject to a permanent entry.

The complete documentation referred to in paragraph 2 shall be completed. 2, includes:

1) a request for funding,

2) information about the results of the assessment of the project referred to in art. 30a par. 3,

3) a protest lodged,

4) the information referred to in art. 30b (b) 9 or Art. 30i point 1

-together with any attached attachments.

2b. The complete documentation shall be provided either in the original or in an authenticated copy.

3. As a result of the examination of the complaint referred to in paragraph. 1, the court may:

1) take account of the complaint, stating that the assessment of the project has been carried out in a manner violating the law, while transmitting the case for reconsideration by the competent management or intermediate body;

(2) dismiss the action in the event of non-inclusion;

3) waive the proceedings in the case, if for any reason it is unconcerned.

4. The Tribunal shall decide on the matter in the field referred to in paragraph 4. 1, within 30 days from the day of lodging the complaint.

5. Inaction of the complaint:

1. after the deadline referred to in paragraph. 2,

2) without complete documentation,

(3) without payment of the permanent entry within the period referred to in paragraph 1. 2

-leave it without consideration.

6. In the case of bringing a complaint without complete documentation or without the payment of a permanent entry, the court shall invite the applicant to remedy the deficiencies within 7 days from the date of service of the call, under the rigorous leave of the complaint without consideration.

Article 30d. [ Cassation complaint to the Supreme Administrative Court] 1. The applicant or the competent intermediate or managing body may bring a cassation complaint to the Supreme Administrative Court within 14 days from the date of service of the decision of the voivodship administrative court. Article Recipe 30c ust. 2 shall apply mutatis mutandis.

2. The complaint referred to in paragraph 1. 1, shall be considered within 30 days from the date of its lodging. The provisions of Article 4 30c ust. 5 and 6 shall apply mutatis mutandis.

3. On the right of the applicant to lodge a complaint to the administrative court does not adversely affect the erroneous instruction or lack of an instruction referred to in art. 30a par. 3, art. 30b (b) 9 points 2 and Art. 30i point 1.

Art. 30e. [ Adequate application of the provisions of the Act-Right of Proceedings before Administrative Courts] The provisions of the Act of 30 August 2002 shall apply mutatis mutandis to the Act before the Administrative Courts. -The right to proceedings before administrative courts laid down for the acts or acts referred to in Article 3 § 2 point 4 excluding art 52-55, art. 61 § 3-6, art. 115 -122, 146, 150 and 152 of this law.

Article 30f. [ The impact of the appeal procedure on concluding agreements with other applicants] The appeal procedure referred to in Article 30a-30e, it does not stop concluding agreements with applicants whose projects have been eligible for funding.

Art. 30g. [ The legal nature of the information relating to the assessment of the application] The information received by the applicant concerning the assessment of his application and during the appeal procedure shall not constitute an administrative decision.

Art. 30h. [ Legal judgment of the Administrative Court] The final decision of an administrative court to dismiss a complaint, to reject a complaint or to leave a complaint without consideration, shall terminate the appeal procedure and the procedure for selecting the project.

Art. 30i. [ The exhaustion of the allocation for implementation of the action or priority at the stage of the procedure for the review procedure] Where, at any stage of the appeal procedure, the allocation for implementation of the action or priority referred to in Article 30a par. 1 point 2, will be exhausted:

1) the competent managing authority leaves the protest without consideration, informing the applicant in writing, instructing at the same time the possibility of bringing a complaint to the voivodship of the administrative court on the principles set out in Art. 30c;

2) the court, having regard to the complaint, finds only that the assessment of the project has been carried out in a way which violates the law and does not transmit the case for reconsideration.

Article 31. [ Experts ' participation in project evaluation] 1. In order to ensure a fair and unbiased assessment of projects in the process of selection of projects, experts with specific knowledge or skills from the various fields covered by the operational programme may participate in the co-financing process.

2. An expert may become a person who:

1) benefit from full public rights;

2) has full capacity for legal acts;

3) has not been convicted by a final sentence for a deliberate offence or a deliberate treasury offence;

4) meets the other requirements set out in the implementation system of the operational programme.

3. In the use of the services provided by experts, the provisions of the Act of 14 June 1960 apply accordingly. -The Code of Administrative Procedure (Dz. U. 2000 r. Nr 98, pos. 1071, of late. zm.) concerning the exclusion of the employee and the authority.

4. The expert, before commencing the evaluation of the project, shall submit to the institution using its service a statement that there is no circumstances causing it to exclude it from participation in the evaluation of the project on the basis of the law referred to in the paragraph. (3) and that no circumstances may arise which may give rise to reasonable doubt as to its impartiality with respect to the applicant for a grant or body which has submitted an application which is the subject of an assessment. The statement shall be made under penalty of criminal liability for the submission of false statements, which shall be submitted before the declaration is made.

5. The managing authority may create and maintain an expert base.

6. The managing authority shall make the expert database available on its website and communicate to the Minister responsible for regional development the data contained therein.

7. In the event of any change in the expert base of the mouth. 6 shall apply mutatis mutandis.

8. The Minister responsible for regional development shall establish and maintain a central database of experts, on the basis of the data provided by the managing authorities and shall make it available on their websites.

9. The expert base and the central expert base shall contain the following data:

1) the name of the expert;

(2) a field covered by the operational programme in which the expert is specialised;

3) the e-mail address of the expert.

10. The managing authority may delegate the competence for the establishment and maintenance of an expert base to the institutions involved in the implementation of the operational programme.

11. The placement of expert data in the expert base and in the central database of experts requires its prior consent, expressed in writing, which also contains the consent to the processing of his personal data.

12. The managing authority shall provide the Minister responsible for regional development with the data referred to in paragraph 1. 8, they shall be accompanied by an agreement to place the expert's data in the central database of experts referred to in paragraph 1. 11.

Article 32. [ An agreement or agreement concluded by an intermediary institution with the implementing institution] 1. The managing authority or the intermediate body may conclude with the institution implementing the agreement or agreement on the execution of the tasks entrusted to it, including the issuing of a decision to reimburse the funds transferred to the implementation of the programmes, projects or tasks and decisions on payment of interest, referred to in the public finance regulations.

2. To the agreements referred to in paragraph. 1, the provisions on public finances relating to funds from the budget of the European Union and other measures coming from foreign sources not subject to reimbursement shall apply.

3. (repealed).

4. The agreement or agreement referred to in paragraph 1. 1, shall contain the elements set out in the public finance provisions concerning the project grant agreement and shall specify in particular:

1) the tasks of the implementing institution subject to the funding of the funds of the operational programme;

(2) the amount of the financing;

3. conditions for the transfer of funds;

4. the manner in which the managing authority or the intermediary institution has carried out a supervision of the correctness of the use of the funds transferred.

5. The implementing institution shall carry out the tasks to be financed under the operational programme in the manner specified in the separate regulations for its activities.

Article 33. (repealed).

Article 34. (repealed).

Article 35. [ Tasks Of The Minister Of Regional Development] 1. The Minister responsible for regional development shall be responsible for coordinating the use of foreign funds, including the budget of the European Union, for the financing of operational programmes, with the exception of the programmes co-financed by the the European Agricultural Fund for Rural Development and the European Fisheries Fund.

2. The Minister responsible for regional development, in particular:

1) (repealed);

2) draw up and submit to the Council of Ministers for approval, after consulting the competent minister or the management board of the voivodship, a proposal to divide the appropriations of the state budget and the funds coming from the budget of the European Union between individual programmes operational;

3. ensure that operational programmes comply with European Union rules;

4) conducts, in cooperation with the competent ministers and management boards of voivodships, negotiations with the European Commission aimed at agreeing the content of operational programmes;

5) cooperate in the preparation of regional operational programmes, monitor and control the course of their implementation and request the management boards of voivodships with proposals to improve the way they are implemented;

6. request the European Commission to transfer appropriations between operational programmes or, at the request of the competent managing authority, between the priorities;

7. certifies the Commission to the regularity of the expenditure incurred by the operational programmes and shall carry out checks to ensure that the process is properly implemented;

8) (repealed);

9) draw up and submit to the Council of Ministers for approval the draft national cohesion strategy;

10) conduct negotiations with the European Commission aimed at agreeing on the content of the plans referred to in point 9;

11) draw up and submit to the Council of Ministers for approval reports on the progress of the implementation of the plans referred to in point 9, addressed to the European Commission.

3. Minister for Regional Development, in order to ensure that the implementation of operational programmes with European Union law and compliance with the requirements laid down by the European Commission, and to ensure uniformity, is compatible the rules for the implementation of operational programmes, may, taking into account Article 1 26, issue guidelines for operational programmes in the field of:

1) detailed description of the priorities of the operational programme;

(1a) conduct negotiations with the European Commission of operational programmes and their amendments;

(2) the mode of selection of projects;

3) the qualifications of the persons participating in the selection of projects;

4) the mode of making payments and settlements;

(4a) the eligibility of expenditure under operational programmes;

4b) matters relating to the preparation of investment projects, including revenant generating projects;

4c) implementation of innovative projects and transnational cooperation within the European Social Fund;

5. the mode of monitoring progress in implementing operational programmes;

(5a) programming of housing activities;

5b) environmental impact assessments for projects co-financed by national or regional operational programmes;

6) the mode and scope of reporting on the implementation of operational programmes;

6a) a single system for the management and monitoring of individual projects, in accordance with art. 28 para. 1;

6b) information and publicity;

7. how the operational programmes are assessed;

8) the technical conditions for the collection and transmission of data in electronic form;

(9) control of the implementation of operational programmes;

9a) the conditions of certification and the preparation of the forecasts for payment applications to the European Commission in the Operational Programs within the National Strategic Reference Framework 2007-2013;

9b) financial corrections in the framework of operational programmes;

10) how to proceed in the event of a finding of irregularities;

11) other issues related to the preparation, implementation and closure of operational programmes.

3a. Guidelines on the mode of selection of projects may not be changed to the detriment of applicants during the course of the competition and, in the case of open competitions, the amendments must not negatively affect the applications submitted before the day of the change.

3b. The paragraph rule. 3a does not apply to cases where the need for amendment is due to international obligations or the provisions of separate laws. In such a case, when amending the guidelines, the Minister responsible for regional development shall, together with the publication of the amendments, state the reasons for their reasons and the time limit from which the amendments will be applied.

4. Guidelines on the matters referred to in paragraph 1. 3 points 1 to 4, the minister responsible for regional development prepares after consultation of the intermediary bodies.

5. In the case of regional operational programmes, the guidelines on the matters referred to in paragraph 1. 3, the minister responsible for regional development shall, after consulting the competent management authority, prepare for the opinion of the competent authority.

6. Guidelines on the matters referred to in paragraph 1. 3 points 4 and 10, the Minister for Regional Development is preparing in cooperation with the Minister responsible for public finance.

7. Regional Minister for Regional Development:

1. shall make public, in particular on its website and in the Public Information Bulletin, the content of the guidelines referred to in paragraph 1. 3, as well as their changes;

2) announce in the Official Journal of the Republic of Poland "Monitor Polski" the message about the place of publication of the guidelines and their changes, as well as the date from which the guidelines or their changes will be applied.

8. To the extent referred to in paragraph. 1, the minister responsible for regional development shall ensure that the use of funds from foreign sources is controlled, including from the budget of the European Union.

9. Tasks of the Minister responsible for regional development issues resulting from the mouth. 2 (7) may be transferred to the wojewater, to the extent and under the rules laid down in a separate agreement.

Article 35a. [ Coordinating Committee for Development Policy] 1. In order to ensure effective coordination of programming and implementation of development policy, as well as strategic monitoring and evaluation of the instruments of its implementation, the Coordination Committee for Development Policy, hereinafter referred to as "the Committee" shall be set up. Coordination ", as an opinion-advisory body of the Prime Minister.

2. The tasks of the Coordinating Committee shall be in particular:

1) identifying needs and initiating actions in programming and implementation of development policy;

2) evaluation of the implementation of the country's long-term and medium-term development strategy;

3) assess the coherence of the implementation of development policy, taking into account EU policies;

4) the assessment of the determinants, the challenges of internal and external development of the country;

5) assessing the effectiveness of the adopted solutions for shaping and implementing the development policy;

6. monitoring the implementation of strategies and programmes, including individual instruments for the development of development policy;

7) initiating the development of forecasts and reports on socio-economic and territorial development;

8) assess the administrative capacity of the institutions participating in the management of the country's development processes;

9) formulate opinions and recommendations on the shaping and implementation of development policy;

10) the opinion of the draft strategic documents on development policy, in particular the development strategies referred to in art. 9, and the concept of spatial development of the country, as well as the documents for their implementation, excluding the strategy of development of voivodships.

3. The Coordinating Committee shall be chaired by the President of the Council of Ministers or by a representative designated by him.

4. The President of the Council of Ministers shall determine, by way of order, the composition of the Coordinating Committee and the rules of procedure of its work

5. The Chairperson of the Coordination Committee may invite non-members of the Committee to participate in the work of the Committee, in particular representatives of the local government and of the socio-economic partners, if the scope of the matters required is required. the work of the Committee.

Article 35b. [ Report on socio-economic, regional and spatial development] 1. The Minister responsible for regional development shall draw up, every 4 years, a report on socio-economic, regional and spatial development and submit it to the Coordinating Committee for an opinion.

2. The Minister responsible for regional development, after having obtained the opinion referred to in paragraph 2. 1, submit a report to the Council of Ministers, which takes it in the way of a resolution.

3. The report shall include in particular:

1) analysis of development directions, including in the area of regional and spatial development;

2) an assessment of the effectiveness of the implementation of the country's development objectives indicated in the strategies and programmes;

3) recommendations for the country's development policy, taking into account the development of regions, sectors or fields and spatial development, as well as recommendations for modification of the instruments of its implementation.

4. The conclusions of the report form the basis for updating the existing strategies and programmes, national urban policy and the concept of spatial development of the country.

5. The Council of Ministers shall transmit the report to the Sejm and the Senate.

Article 35c. [ Committee for the Audit and Audit of Structural Funds and Cohesion Fund] 1. The Audit and Audit Committee of the Structural Funds and the Cohesion Fund, hereinafter referred to as 'the Committee', shall be set up as the opinion and advisory body of the Minister responsible for regional development in the implementation of the task referred to in Article 3 (1) of the Financial Regulation. 35 par. 8.

2. In particular, the tasks of the Committee shall be:

1) the exchange of information and experience between the audit authority, the managing authority, the certifying authority and the state control authorities in the areas of the inspections carried out;

2) opinion of the control plans of the institutions managing operational programmes;

3. to give an opinion on the audit rules for the verification of the parallel financing of expenditure incurred under the various Community programmes and within the different programming periods;

4. proposing actions to increase the effectiveness of the checks carried out under the individual operational programmes;

5) analysis of the reports and reports from the audit in the area of the Structural Funds and the Cohesion Fund, transmitted to the European Commission.

3. The Committee shall be composed of:

1) two representatives of the minister competent for regional development, in coordinating the implementation of the Structural Funds and in coordinating regional operational programmes;

2. the representatives of the governing bodies;

3. representatives of the audit authority;

4. the representatives of the certifying authority.

4. The Minister responsible for regional development may appoint a Committee of representatives of other institutions than those referred to in the paragraph. 3.

5. The Committee shall be chaired by the Minister responsible for regional development or by a representative designated by him.

6. The Minister responsible for regional development shall determine, by means of an ordinance, the composition of the Committee and the rules of procedure of its work.

7. The President of the Committee may invite non-members of the Committee to participate in the work of the Committee, including, in particular, representatives of the Supreme Chamber of Control and other State control bodies, where the scope of the matters required is required. the work of the Committee.

Article 35d. [ General Inspectorate of Treasury Control] The function of the audit authority shall be the General Inspector of the Tax Inspectorate.

Art. 35e. [ Obligation to subject control to the regularity of project implementation] 1. The beneficiary shall be subject to the control of the regularity of the implementation of the project, carried out by the managing authority, the intermediate body, the implementing body, the certifying authority, the audit authority, representatives of the European Commission and other institutions authorised to carry out controls on the basis of separate provisions.

2. Checks may be carried out at any time from the date of receipt of the information on the design of the project until the end of the period of 3 years after the closure of the operational programme or until the end of the 3 years following the year in which it was carried out. partial closure of the operational programme.

3. Checks may be carried out at the inspection premises, on the basis of the documents provided and in any place directly related to the implementation of the project.

4. Beneficiary shall be obliged to make available to the entities referred to in paragraph. 1, documents related to the implementation of the project, provide access to the premises and areas where the project is or was carried out, access to the IT system and all IT documents related to project management, and provide any explanation of the implementation of the project.

Article 36. [ Competence of the Monitoring Committee for monitoring the implementation of operational programmes] The implementation of operational programmes shall be monitored by the Monitoring Committee.

2. Minister of the Regional Development responsible for the function of the managing authority of the operational programme, by way of order, and, in the case of the regional operational programme, the management of the voivodship by resolution, shall be appointed by the Monitoring Committee in accordance with art. 63 Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999.

3. The Minister responsible for regional development and the Marshal of the voivodship shall participate, through its representatives, in the work of the Monitoring Committee set up for the regional operational programme referred to in paragraph. 2.

4. In the work of the Monitoring Committee set up for the regional operational programme referred to in paragraph 1. 2, the representatives of the Commission of the Joint Government and of the Local Government shall also participate.

Article 37. [ Proceeding with regard to applying for funding and for the grant of funding] To the proceedings concerning the application for financing and the grant of financing under this Act from resources coming from the State budget or from foreign resources, and for the setting and imposition of financial corrections, of which Article (Article 98 of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999, the provisions of the Law of 14 June 1960 shall not apply. -Administrative Code of Conduct.

Chapter 6

Amendments to the provisions in force

Article 38. (bypassed).

Article 39. (bypassed).

Article 40. (bypassed).

Article 41. (bypassed).

Article 42. (bypassed).

Article 43. (bypassed).

Article 44. (bypassed).

Article 45. (bypassed).

Article 46. (bypassed).

Article 47. (bypassed).

Article 48. (bypassed).

Article 49. (bypassed).

Article 50. (bypassed).

Chapter 7

Transitional and final provisions

Article 51. [ Transitional provision] 1. The National Strategic Reference Framework for 2007-2013, adopted by the Council of Ministers on 29 November 2006, on the date of entry into force of the Act becomes an executive plan within the meaning of art. 5 Point 8 [ 5] .

2. Tribes and terms of the arrangements referred to in art. 11, does not apply to the Country Development Strategy 2007-2015, adopted by the Council of Ministers on 29 November 2006.

3. Operational programmes covering the programming period 2007-2013, adopted prior to the entry into force of the Act, become operational programmes within the meaning of this Act.

4. The Minister competent for regional development, within 3 months from the date of entry into force of the Act, shall submit to the Council of Ministers information about the necessary scope of changes in the documents referred to in paragraph. 1-3.

Article 52. [ Disable the use of art. 24] The national strategic reference framework does not apply art. 24 [ 6] .

Article 53. (bypassed).

Article 54. [ Transformation of provincial programs to regional operational programmes] On the day of the entry into force of the Act the voivodship programs referred to in art. 11 (1) 3 of the law referred to in Article 3 43, they become regional operational programmes within the meaning of this Act.

Article 55. [ Repealed provisions] 1. The Act of 20 March 2002 is repealed. financial support for investments (Dz. U. No 41, pos. 363 and No. 141, pos. 1177, 2003 No. 159, item. 1537, 2004 #123, pos. 1291, Nr 173, pos. 1808 i Nr 273, poz. 2701, of 2005 No. 179, item. 1484 and No. 249, pos. 2104 and 2006 No. 66, pos. 472).

2. To cases initiated and not completed on the basis of the law referred to in paragraph. 1, including contracts and legal proceedings, the existing provisions shall apply.

Article 56. [ Entry into force] The Act shall enter into force after 14 days from the day of the announcement, except for Art. 38, 39 and 44 to 50, which shall enter into force on 1 January 2007.

[ 1] Article 5, point 6a, added by Article 5. 1 point 4 (a) (d) the Act of 24 January 2014. to amend the Act on the Rules of Development of Development Policy and some other laws (Journal of Laws pos. 379). The amendment came into force on 25 September 2014.

[ 2] Article 5 (6b) added by Article 1 point 4 (a) (d) the Act of 24 January 2014. to amend the Act on the Rules of Development of Development Policy and some other laws (Journal of Laws pos. 379). The amendment came into force on 25 September 2014.

[ 3] Article 5, point 6c added by Article 1 point 4 (a) (d) the Act of 24 January 2014. to amend the Act on the Rules of Development of Development Policy and some other laws (Journal of Laws pos. 379). The amendment came into force on 25 September 2014.

[ 4] Article 12a (a) 1 point 8 as set out by the Article 1 point 11 (b) (a) of the Act of 24 January 2014. to amend the Act on the Rules of Development of Development Policy and some other laws (Journal of Laws pos. 379). The amendment came into force on 25 September 2014.

[ 5] Repealed by Art. 6 point 5 (b) (b) of the Act of 7 November 2008. to amend certain laws in connection with the implementation of the Structural Funds and the Cohesion Fund (Dz. U. No 216, item. 1370), which entered into force on 20 December 2008.

[ 6] Repealed by Art. 6 point 19 of the Act of 7 November 2008. to amend certain laws in connection with the implementation of the Structural Funds and the Cohesion Fund (Dz. U. No 216, item. 1370), which entered into force on 20 December 2008.