The Act Of 6 December 2006 On The Basis Of Policy Development

Original Language Title: USTAWA z dnia 6 grudnia 2006 r. o zasadach prowadzenia polityki rozwoju

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Chapter 1 General provisions article 1. 1. [scope] 1. The Act specifies the rules for the conduct of development policy, this policy operators and the mode of cooperation between them.

2. The Act does not apply to the programmes co-financed by the European agricultural fund for rural development and supporting funds sectors sea or fishing, with the exception of the provisions of chapters 1, 2, 2b and 7 and the provisions of article 4. 14E. 14F. 14g paragraph 1. 1, 2 and 4, art. 14 h, art. 14j. 14 l.

Article. 2. [interpretative Provision] by the development team understands interrelated activities undertaken and carried out in order to ensure the country's sustainable development, socio-economic cohesion, regional planning, raising the competitiveness of the economy and the creation of new jobs in a national, regional or local.

Article. 3. the [development policy operators] development policy lead: 1), the Council of Ministers;

2) Provincial Government;

3) District Council and communal.

Article. 3A. the [Task of the Minister for regional development,] the proper Minister of regional development, coordinates the implementation of the strategy for the development of the co-financed from the resources of the State budget or development funds from the European Union or from other foreign sources by: 1) the taking of strategic programming initiatives, including development policy;

1A) taking initiatives to develop or coordinate the development and negotiation, unless the law provides otherwise, the programming documents concerning the programming periods of the European Union;

1B) taking initiatives, developing, negotiating and signing programmes co-financed with the participation of the non-refundable funds from the aid granted by the Member States of the European free trade agreement (EFTA);

1 c) exercise, unless the law provides otherwise, the tasks of a Member State of the European Union referred to in the provisions of the European Union concerning the structural funds and the Cohesion Fund and the partnership agreement;

2) programming and the implementation of regional policy;

3) periodic evaluation of the implementation of the strategy referred to in article 1. 9, in relation to the objectives and priorities of the medium-term strategy for the development of the country, and providing feedback on compliance strategies and programmes of the medium-term strategy for the development of the country;

3A) taking initiatives, programming and coordinating the planning and implementation of land-use planning at national and regional levels, unless otherwise provided in the separate;

3B) taking initiatives, planning and urban policies;

4) monitoring and evaluation of the development of the country in terms of regional and spatial development and the submission of recommendations to the Council of Ministers in this field;

4A) coordinating and implementing development policy evaluation process;

5) the development of the report on socio-economic development, regional and spatial resolution, referred to in article 1. 35B, along with recommendations for policy development;

6) (repealed);

7) other instruments specified in separate laws.

Article. 4. [the basis for development policy] 1. Development policy shall be based on development strategies, programs and programming documents.

2. (repealed).

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

Article. 5. [Definitions] Used in the determination of the means: 1) the beneficiary is a natural person, a legal person or an organizational unit without legal personality, which the law confers legal capacity, implementing projects financed by the State budget or from foreign sources on the basis of a decision or an agreement for funding the project;

1A) programming documents-partnership agreement and for its implementation;

2) the managing authority is the competent Minister, the proper Minister of regional development or, in the case of the regional operational programme, the Management Board, responsible for the preparation and implementation of the operational programme;

3) intermediary institution is a public administration body or another enterprise in the sector of public finances, which has been entrusted, by agreement with the managing authority, part of the tasks related to the implementation of the operational programme; intermediary an intermediary functions within the meaning of article 3. 2 paragraph 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 (OJ l. The EU L 210 from 07/31/2006, p. 25-78);

4) implementing institution-a public or private body, which, on the basis of an agreement or contract has been entrusted, within the framework of the operational programme, the implementation of tasks relating directly to beneficiaries; the institution implementing (intermediary level II) also features an intermediary within the meaning of article 3. 2 paragraph 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) the audit authority is a public administration body functionally independent of the managing authority and the certifying authority designated for each operational programme and responsible for verifying the effective functioning of the management and control system; the audit authority shall carry out the tasks referred to in article 1. 62 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;

4B) land-use spatial concept, the concept referred to in article 14(2). 47 of the Act of 27 March 2003 on planning and spatial planning (OJ of 2012. poz. 647, with further amendments);

4 c) territorial contract-a contract setting out the objectives and priority projects, which are essential for the development of the country and indicated in her province, their financing, coordination, and implementation of, as well as funding, drawn up by the Executive Board of the province, to achieve a partnership agreement in the field of cohesion policy;

5) (repealed);

6) eligibility of expenditure-meet the expenditure incurred within the framework of operational programmes: (a) consistency with the provisions of the operational programme is adopted), b) specified by the managing authority in accordance with article 4. 26 (1). 1 point 6 (c)), provided for a specific funding source, in the case of programmes financed from foreign sources;

6a) [1] functional area is an area referred to in article 2. 2 paragraph 6a of the Act of 27 March 2003 on planning and spatial planning;

6B) [2] strategic area of State intervention-area which is the subject of the concentration of development policy activities targeted territorially, including rural areas;

6 c) [3] the area of us-strategic area of intervention of the State in which the phenomena are identified detrimental to socio-economic development of the area and its population;

7) social partners and employers ' organisations and trade union organisations-marketing representative within the meaning of the Act of 6 July 2001 on the Tripartite Commission for socio-economic and regional social dialogue committees (OJ No 100, item 1080, with further amendments), local authorities, chambers of Commerce, non-governmental organizations and scientific bodies within the meaning of article 3. 2 section 9 of the Act of 30 April 2010 on the financing of the Science (Journal of laws No. 96, item 615, with further amendments), as well as the Council For the benefit of the public;

7A) programs implementing a partnership agreement-programs: a) in the field of cohesion policy – programs carried out with the use of the European regional development fund, the European Social Fund and the Cohesion Fund, with the exception of European territorial cooperation programmes, (b)) implemented using the resources of the European agricultural fund for rural development and maritime fishing or sectors support funds;

8) (repealed);

9) project is a project implemented in the framework of the operational programme on the basis of a decision or grant agreement, concluded between the beneficiary and the managing authority, intermediate body or institution implementing;

9A) the agreement of partnership-agreement specifying the conditions, objectives and directions for the use of funds from the EU budget, prepared with the participation of the economic and social partners and approved by the European Commission;

10) (repealed);

11) (repealed).

Article. 6. [the draft development strategy] 1. Development strategies and projects shall be the subject of consultations with local authorities, social and economic partners and with the Commission the joint Government and local government.

2. The entity developing the draft development strategy, publish in the official journal of national scope and on its Web site information about the consultations and, in particular, the invitation to participate in the consultation process, place and topics of meetings and conferences and the address of the Web page, which contains the draft strategy for development, subject to the provisions of paragraph 2. 2A 2a. In the event of a draft strategy for the development of a regional entity to announce information about the consultation, in the official journal of the national or regional level and on their website.


3. the entities referred to in paragraph 1. 1, may, within 35 days from the date of the notice referred to in paragraph 1. 2, give feedback to the project. Failure to provide an opinion within the time limit means the giving up of the right of its expression.

4. within 30 days from the date of the completion of the consultation referred to in paragraph 1. 1 organising them, prepare a report on the conduct and results of the consultation, including in particular follow-up to the comments reported in the course of the consultations and the reasons for it and give it to the public on its website.

Article. 6a. [the provisions included in the development of the project of development strategies and programmes] in the development of the project development strategies, programs, partnership agreements and programmes for the implementation of the partnership agreement shall apply the provisions of the Act of 3 October 2008 on the provision of information on the environment and its protection, public participation in environmental protection and on environmental impact assessment (OJ of 2013. poz. 1235 and 1236).

Article. 6B. [Coordination and implementation of development policy evaluation process] 1. The coordination and implementation of development policy evaluation process referred to in article 1. 3A 4a, relying in particular on: 1) conduct the evaluation of the development strategies drawn up by the proper Minister of regional development and instruments relevant for the implementation of development policy and, on this basis, the formulation of proposals and recommendations on programming and implementation of development policy;

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

2. standards and recommendations referred to in paragraph 1. 1 point 2, the proper minister of regional development, publishes on its website.

3. in the case of the creation by the proper Minister of regional development, the Office supports it, the evaluation unit the task referred to in paragraph 1. 1, this unit.

Article. 7. (repealed).

Article. 8. (repealed).



Chapter 2 Article development strategies. 9. [strategies] development strategies are: 1) the long-term strategy for the development of the country-a document setting out the main objectives, challenges and directions of socio-economic development of the country, taking into account the principle of sustainable development, including the period of at least 15 years;

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

3) other development strategies – documents specifying the basic conditions, objectives and developments relating to the sectors, areas, regions or spatial development, including functional areas.

Article. 10. [the long-term strategy for the development of the country] 1. Long-term strategy for the development of the country specifies in particular: 1) main objectives, challenges and directions for the development of the country, resulting from processes taking place inside the country, as well as changes in its external environment;

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

2. (repealed).

3. the long-term strategy for the development of the country shall take account of the conditions arising from membership in the European Union.

Article. 10A. [strategies] 1. Development strategies referred to in article 1. 9 points 2 and 3, shall take into account the objectives and directions for the sustainable development of the country as defined in the concept of land-use planning.

2. Prior to the adoption of a development strategy referred to in article 1. 9 point 2 and 3, the competent minister or Board of prepare evaluation report containing the prior evaluation of the efficiency and effectiveness of the implementation of the strategy.

Article. 11. [Preparing, reconciling, and adoption of a draft long-term strategy for the development of the country] 1. Preparation and reconciling the long-term national development strategy project coordinated by the President of the Council of Ministers or by the designated representative.

2. (repealed).

3. For the duration of the procedure for developing a long-term national development strategy and the Sejm and the Senate can conduct a debate on development policy.

4. A long-term strategy for the 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 of the adoption by the Council of Ministers of the long-term strategy for the development of the country.

Article. 12. [update of the long-term development strategies of the country] 1. Long-term strategy for the development of the country can be updated at any time, if required by the current socio-economic situation of the country.

2. To update the long-term development strategies of the country article. 11 (1). 1 and 3-5.

Article. 12A. [medium-term strategy for the development of the country] 1. Medium-term strategy for the development of the country includes, in particular: 1) a diagnosis of the situation of the social, economic, spatial and regional country, taking into account the State of the environment;

2) estimate of trends and development in the period covered by the strategy;

3) (repealed);

4) strategic objectives during the period of implementation of the strategy in terms of social, economic, regional and spatial development along with the desired indicators for their implementation;

5) (repealed);

6) specifying the State policy guidelines, including the intervention of the entities referred to in article 1. 3, to achieve the strategic objectives of development policy;

7) (repealed);

8) [4] the term strategic areas of State intervention, including problem areas;

9) assumptions the system implementation and the financial framework.

2. the draft medium-term strategy for the development of the country shall be drawn up and agreed by the proper Minister of regional development in cooperation with the competent Ministers.

3. the medium-term strategy for the development of the country determines the strategic tasks of the Member States and the principle of taking into account in their programmes.

4. (repealed).

5. The provisions of article 4. 11 (1). 3-5 shall apply by analogy.

6. (repealed).

7. the medium-term strategy for the development of the country is subject to update, if required by the socio-economic situation of the country.

8. To update the country's development strategy in the medium term of paragraph 1 shall apply by analogy. 2 and art. 11 (1). 3-5.

Article. 13. [the compliance of other strategies of the medium-term development strategy of the country] 1. Development strategies referred to in article 1. 9 section 3, are consistent with the medium-term strategy for the development of the country and shall specify in particular: 1) diagnosis of the situation with regard to the scope of strategic programming, taking into account the State of the environment and spatial and territorial differentials;

2) estimate of trends and development in the period covered by the strategy;

3) define development goals, including the lines of intervention, within the scope of the strategy, together with the desired indicators of implementation, taking into account the various territorial or spatial;

4) (repealed);

5) (repealed);

6) systems implementation and the financial framework.

2. Development strategies referred to in article 1. 9 section 3, may include a period extending beyond the period of validity of a medium-term strategy for the development of the country, if it follows it with the specifics in the area of development, and may contain items other than those referred to in paragraph 1. 1 if this is with international obligations.

3. If development strategies referred to in article 1. 9 section 3 shall cover a period extending beyond the period of validity of a medium-term strategy for the development of the country, in the strategies of these gives off a period corresponding to the duration of the period of the medium-term strategy for the development of the country.

Article. 13A. [System implementation of the strategy for the development of] the implementation of the development strategy includes the conditions and procedures applicable in the implementation of the strategy.

Article. 14. [development and reconciliation projects other strategies] 1. The draft development strategy referred to in article 14(2). 9, point 3, shall draw up and agree on the competent minister, on its own initiative or in execution of the obligations imposed by the Council of Ministers, and submit it to the competent Minister for regional development, in order to give an opinion on the conformity with the medium-term strategy for the development of the country and of the referred to in article 4. 13. 1, with the exception of cases, when a project is developing a strategy for the development of the Management Board.

2. The proper Minister of regional development of the opinion referred to in paragraph 1. 1, within 30 days from the date of receipt of the draft development strategy referred to in article 14(2). 9 section 3.

3. in the event of a release by the proper Minister of regional development of the opinion about the lack of conformity of the draft development strategy referred to in article 14(2). 9 section 3 of the medium-term development strategy of the country or of the referred to in article 4. 13. 1, the competent minister shall prepare a written position to this opinion.

4. the competent minister shall submit for consideration by the Council of Ministers the draft development strategy referred to in article 14(2). 9 paragraph 3, together with the opinion referred to in paragraph 1. 1, and the position referred to in paragraph 1. 3. The Council of Ministers or of the Regional Council shall, by resolution, a strategy for the development of the referred to in article 14(2). 9 section 3.

Article. 14A. [other development strategies relating to the regions] 1. Development strategies referred to in article 1. 9 section 3, relating to the regions are, in particular: 1) the national strategy for regional development;

2) ponadregionalna strategy;

3) strategy for the development of the province, referred to in article 14(2). 11 of the Act of 5 June 1998, the Government of the province (OJ 2001 No. 142, poz. 1590, as amended).

2. the national strategy for regional development and the creation of strategies to develop the proper minister of regional development in consultation with the territorial Government, and the social and economic partners.


3. the national strategy for the development of regional and supra-regional strategies shall be adopted by the Council of Ministers, by way of resolution, for a period not extending beyond the duration of the medium-term strategy for the development of the country.

Article. 14B. [National regional development strategy] 1. The national regional development strategy determines: 1) determinants, goals and directions of regional development;

2) regional policy;

3) principles and mechanisms for cooperation and coordination of activities undertaken by the Council of Ministers at the national level, of actions taken by the local government at the level of the region.

2. the national regional development strategy includes in particular the elements referred to in article 1. 12A paragraph 1. 1, and takes into account the findings contained in the medium-term development strategy: 1);

2) other development strategies.

Article. 14 c [Document drawn up in order to ensure the implementation of European cohesion policy in Poland] in order to ensure the implementation of European cohesion policy in Poland creates a document referred to in chapter II of title II 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 , hereinafter referred to as "national cohesion strategy."

Article. 14 d. [the provisions relating to the principle of a multi-annual financing of implementation of development policy] the principle of multiannual funding for the implementation of development policy shall specify rules on public finances.



Chapter 2a of the programming documents Art. 14E. [project partnership agreement] 1. The draft agreement of the partnership is developing a proper minister of regional development in cooperation with, in particular: 1 the competent Ministers) due to the scope of the partnership contract;

2) State authorities;

3) social and economic partners.

2. a partnership agreement the Commission delivers an opinion on the Draft Joint Government and local government.

3. In drawing up the draft contract of the partnership account shall be taken of the development strategies referred to in article 1. 9, and the concept of land-use planning.

4. Draft partnership agreement shall be adopted by the Council of Ministers, by way of a resolution, at the request of the proper Minister of regional development.

5. The proper Minister of regional development, is negotiating with the European Commission adopted by the Council of Ministers of the draft contract of the partnership.

6. the Partnership Agreement approved by the European Commission is communicated to the members of the Council of Ministers.

7. The proper Minister of regional development, publish in the official journal of the Republic of Poland "Polish Monitor" message: 1) the decision by the European Commission decision approving the partnership agreement;

2) the address of the Web page for which you will be posted the content of the agreement.

8. the provisions of paragraphs 1 and 2. 1 to 7 shall apply mutatis mutandis in the event of a change in the partnership agreement.

Article. 14F. [annual report on the implementation of the partnership agreement] 1. The proper Minister of the 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 shall submit it to the Committee on the Partnership Agreement and the Council of Ministers.

2. the first annual report on the implementation of the partnership agreement, covering the years 2014 and 2015, the proper minister of the regional development shall be made in 2016, the last annual report, by 2022, the proper minister of the regional development shall be drawn up in 2023.

3. The proper Minister of the regional development shall, between 2017 and 2019, reports on the progress of the implementation of the partnership agreement and submit them to the Committee on the Partnership Agreement and the Council of Ministers, and submit them to the European Commission.

4. The proper Minister of the regional development shall establish by 30 June 2025., final report on the implementation of the partnership agreement.

5. The proper Minister of rural development and minister for fisheries shall communicate to the competent Minister for regional development, within 6 months of the end of each year, the annual reports on the implementation of the programmes for the implementation of the partnership agreement contained in the properties of these Ministers. The first annual report, covering the years 2014 and 2015, is submitted in 2016, the last annual report, for 2023, it is passed to the 31 January 2025.

Article. 14g. [coordination of the preparation of the programmes for the implementation of the partnership agreement] 1. The proper Minister of regional development: 1) shall coordinate the preparation of the programmes for the implementation of the partnership agreement;

2) can initiate programmes for the implementation of a partnership agreement in the field of cohesion policy and their changes, developed by the Board of Directors of the province;

3) shall draw up programmes for the implementation of a partnership agreement in the field of cohesion policy;

4) consulted as to conformity with the contract of partnership, a partnership agreement implementation programs and their changes.

2. Coordination of the preparation of the programmes for the implementation of the partnership agreement is to: 1) the monitoring of the status of the preparation of these programmes;

2) ensuring a coherent and complementary system of information and promotion of these programs.

3. Coordination of the preparation of the programmes for the implementation of a partnership agreement in the field of cohesion policy, referred to in paragraph 1. 1, paragraph 1, in particular: 1) the representation of the Republic of Poland in their dealings with the European Commission;

2) carrying out, in cooperation with the competent Ministers and state management, negotiation with the European Commission aimed at agreeing on the content of these programmes, and any amendments to them;

3) proposing bodies to be responsible for the management and control of these programs.

4. The proper Minister of rural development and minister of fisheries to develop programs for the implementation of the partnership agreement, implemented using the resources of the European agricultural fund for rural development and supporting funds sectors sea or fishing, as well as: 1) represent the Republic of Poland in their dealings with the European Commission;

2) lead the negotiations with the European Commission aimed at agreeing on the content of these programmes;

3) propose to the entities that will be responsible for the management and control of these programs.

5. the Management Board shall draw up the County for the State program that you can implement a partnership agreement in the field of cohesion policy.

Article. 14. [taking into account the findings of a partnership agreement] the competent authority in the development of the programme for the implementation of the partnership agreement shall establish a partnership agreement.

Article. 14i [Program execution of a partnership agreement in the field of cohesion policy] the programme for the implementation of a partnership agreement in the field of cohesion policy specifies in particular: 1) selected aims to achieve, in accordance with the partnership agreement and the reasons for their choice, taking into account national or regional conditions and the prior evaluation of the efficiency and effectiveness 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 they can get financial support under this programme;

4) financial plan;

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

Article. 14j. [project for the implementation of the partnership agreement] 1. Project for the implementation of the partnership agreement developed by: 1) the proper Minister of regional development, the proper Minister of rural development and the proper Minister of fisheries, shall be adopted by the Council of Ministers, 2) the Management Board shall be adopted by the Management Board, the province-by way of resolution, following receipt of the opinion referred to in article 14(2). 14g paragraph 1. 1 paragraph 4, before referring to the adoption by the European Commission.

2. the programmes for the implementation of a partnership agreement: 1) in the field of cohesion policy, after the adoption by the European Commission, are submitted by the proper Minister of regional development, 2) implemented using the resources of the European agricultural fund for rural development and supporting funds sectors sea or fishing, after the adoption by the European Commission, are submitted by the proper Minister of rural development or the proper Minister of fisheries-to the attention of the members of the Council of Ministers.

Article. 14. [the application of the provisions of the Act] to the programmes for the implementation of a partnership agreement in the field of cohesion policy shall apply mutatis mutandis the provisions of article 4. 19A and article. 20 paragraph 1. 2A, 3 and 3b.

Article. 14ka [suggestions for program changes to the implementation of a partnership agreement in the field of cohesion policy] 1. Suggestions for program changes to the implementation of a partnership agreement in the field of cohesion policy, shall draw up the appropriate managing authority this program and submit them for approval by the Monitoring Committee referred to in article 2. 47 for a regulation of the European Parliament and of the Council (EU) No 1303/13 of 17 December 2013. laying down 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 Fund for Fisheries and Marine and laying down general provisions on the European regional development fund, the European Social Fund, the Cohesion Fund and the European Fund for Fisheries and Marine and repealing Council Regulation (EC) No 1083/2006 (OJ l. The EU L 347 of 20.12.2013, p. 320), hereinafter referred to as "Regulation (EC) No 1303/2013" and the Minister competent for regional development, in order to express an opinion.


2. After the approval of the amendments and obtaining the opinion referred to in article 14(2). 14g paragraph 1. 1 point 4, program changes for the implementation of a partnership agreement in the field of cohesion policy, drawn up by the proper Minister of regional development, shall be adopted by the Council of Ministers, by resolution, before referring to the adoption by the European Commission.

3. the Council of Ministers may, by resolution, authorize the proper Minister of regional development, to adopt changes to the program for the implementation of a partnership agreement in the field of cohesion policy, drawn up by the proper Minister of regional development, within the range specified in the approval.

4. The amendments referred to in paragraph 1. 3, may relate to items not covered by the European Commission decision adopting the programme referred to in article 1. paragraph 96. 10 Regulation (EC) No 1303/2013.

5. The proper Minister of regional development, the Council of Ministers shall inform of any changes referred to in paragraph 1. 3, within one month of receipt by the Monitoring Committee referred to in article 2. 47 Regulation (EC) No 1303/2013, the resolution amending the program.

6. After the approval of the amendments and obtaining the opinion referred to in article 14(2). 14g paragraph 1. 1 point 4, program changes for the implementation of a partnership agreement in the field of cohesion policy, drawn up by the Executive Board, shall be adopted by the Management Board, by resolution, before referring to the adoption by the European Commission.

Article. only 14 KB [Application available to the public of] the managing authority program implementation of a partnership agreement in the field of cohesion policy: 1) gives to the public, in particular on its website and on the website referred to in article 2. 115 paragraph 1. 1 (b). (b) Regulation (EC) No 1303/2013, the program and its amendments, as well as the date from which the program or its changes are applied;

2) publish in the official journal of the Republic of Poland "Polish Monitor" message with the address of the website and portal, referred to in article 1. 115 paragraph 1. 1 (b). (b) Regulation (EC) No 1303/2013, which will be posted this program and its amendments, as well as the date from which the program or its changes are applied, in the case of the programme for the implementation of a partnership agreement in the field of cohesion policy developed by the proper Minister of regional development, and, in the case of the programme for the implementation of a partnership agreement in the field of cohesion policy drawn up by the Executive Board of the province in the provincial Gazette.

Article. 14 l [Committee for a partnership agreement] 1. In order to ensure the coordination and monitoring of the implementation of the partnership agreement, and in particular its implementation programs, including co-financed by the European agricultural fund for rural development and supporting funds sectors sea or fishing, a Committee for a partnership agreement.

2. The tasks of the Committee for a partnership agreement should, in particular: 1) the review of the implementation of the partnership agreement and the performance of the contract of partnership programs from the point of view of the progress in achieving the objectives of this agreement;

2) formulation of proposals for amendment of the contract of partnership;

3) analysing the situation, which affects the implementation of the partnership agreement and indicate issues of a horizontal nature related to its implementation that require evaluation;

4) in case of delay or systemic problems related to the implementation of the agreement, the issue of partnership for institutions managing programmes for the implementation of the partnership agreement, the recommendations concerning, in particular, improve the effectiveness of these programmes in achieving its objectives, including corrective actions related to the fulfillment of the conditions arising from the membership of the Republic of Poland in the European Union;

5) reviewing communication strategy of the cohesion policy and its changes.

3. The Committee on the Partnership Agreement shall be chaired by the proper minister of regional development.

4. Alternate Chairman of the Committee for a partnership agreement are: 1) a representative designated by the proper Minister of rural development and the proper Minister of fisheries;

2) a representative designated by the proper Minister of the economy.

5. The Chairman of the Committee for a partnership agreement may establish subcommittees, specifying the scope of their duties.

6. the composition of the Committee for a partnership agreement includes: 1) the representatives of the institutions managing programmes for the implementation of the partnership agreement;

2 representatives of the competent Ministers) due to the scope of the partnership contract;

3) represented by the proper Minister of public financies.

4) represented by the proper Minister of the economy;

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

6) 3 representatives of the local government pages Joint Commission of Government and local government;

7) the representatives of the economic and social partners.

7. The Chairman of the Committee for a partnership agreement appoint and dismiss its members providing, taking into account the principle of partnership, to the representatives of: 1) the parties, including representatives of the local government pages Joint Commission of Government and local government, 2), 3) social and economic partners-formed after 1/3 of the composition of the Committee.

8. The Committee on the Partnership Agreement shall be appointed for a period of performance of a contract of partnership.

9. the work of the Committee for a partnership agreement specifies the terms and conditions, shall be adopted by resolution by the Committee by a simple majority.

10. kancelaryjno Service-Administrative Committee on a partnership agreement provides the Office that supports the proper Minister of regional development.



Chapter 2b territorial Contract Art. 14 m [Position regarding the scope and content of the contract territory] proper Minister of regional development, shall draw up, in cooperation with the competent Ministers due to the scope covered by the territorial contract positions on the scope and content of the contract, including the purposes of relevance for the development of the country and the province covered by the contract, and then submit them to the Council of Ministers.

Article. 14n [draft position on the proposed scope and content of the territorial contract] 1. The Board of the State shall draw up a draft position on the proposed scope and content of the contract, including the objectives and priority activities of relevance for the development of the province covered by the contract.

2. the draft position, referred to in paragraph 1. 1 Board of passes for an opinion by the Government entities located on the territory of the province covered by the contract, the competent regional authorities due to the scope covered by the contract. The opinion is expressed during the Conference, in which representatives of the Board and representatives of relevant units of local government.

3. the Management Board of the province shall, by resolution, the position of the proposed scope and content of the contract, including the objectives and priority activities of relevance for the development of the province covered by the contract.

Article. 14o [Approved territorial contract] 1. On the basis of the positions referred to in article 1. 14 m. paragraph 14n. 3, the proper minister of regional development and Board of design, negotiate a contract.

2. the Council of Ministers by the resolution: 1) shall approve the negotiated territorial contract;

2) specifies the terms and conditions of funding for the implementation of a partnership agreement in the field of cohesion policy drawn up by the Board of the means from the State budget or from foreign sources.

3. the Board of approve negotiated a contract in the way of a resolution.

4. the approved territorial contract contain the proper minister of regional development and the competent Board of.

Article. 14 p [territorial Contract] 1. Territorial contract shall at least: 1), to which it relates;

2) aims to implement within the province;

3) priority projects and the conditions for their implementation, in accordance with the objectives arising from the development strategy respectively, referred to in article 1. 9;

4) duration of the priority projects;

5) expected results priority projects;

6) sources of financing;

7) the scope of reporting and its implementation;

8) how to perform by the proper Minister of the regional development monitoring and control over its implementation;

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

10) conditions for its amendment;

11) conditions and how to address it.

2. The contract also defines the territorial height, manner and conditions of the funding programs to achieve a partnership agreement in the field of cohesion policy, drawn up by the Board of Directors, and a commitment to the application of the guidelines referred to in article 1. 5 of the Act of 11 July 2014, about the principles of cohesion policy programmes financed in the financial perspective 2014-2020 (OJ item 1146).

3. To change the territorial contract. 14 m-14o shall apply mutatis mutandis.

4. Changes in the contract territory, referred to in paragraph 1. 1 point 4 and 7-9, and about how the terms and conditions for funding programs for the implementation of a partnership agreement in the field of cohesion policy, drawn up by the Board of Directors, do not require the adoption of a resolution by the Council of Ministers.

Article. 14q. [the realization of regional contract] 1. Implementation of territorial contract to coordinate the proper minister of regional development and local Government on the part of the competent Board of.


2. In order to carry out the obligations arising from the contract of the territorial Board of the agreement with the local government units includes, involved in the implementation of its provisions, on the territory of the province covered by the contract.

3. implementation of objectives and priority activities of relevance for the development of the country and the province referred to in the contract territory shall be financed in particular by means of the programmes and the programmes that the performance of a contract of partnership or of the budgets of the units of local Government on the territory of the province covered by the contract.

Article. 14R. [information on the implementation of the contract during the previous year] 1. Entities involved in the implementation of the territorial contract shall communicate, by 31 March each year at the latest, the competent Minister due to the scope covered by the contract with regard to its territorial jurisdiction, in relation to the objectives and measures referred to in article 1. paragraph 1, 14 p. 1 point 2 and 3, which are not covered by the programmes for the implementation of a partnership agreement in the field of cohesion policy, information on the implementation of the contract during the previous year.

2. the competent Minister due to the scope covered by the territorial contract shall, by 30 April each year, the competent Minister for regional development, taking into account the information referred to in paragraph 1. 1, information on the implementation of the contract during the previous year.

3. The Managing Authority program implementation of a partnership agreement in the field of cohesion policy, within its jurisdiction, in relation to the objectives and measures referred to in article 1. paragraph 1, 14 p. 1 point 2 and 3, covered by the programmes for the implementation of a partnership agreement in the field of cohesion policy, shall, before 30 April of each year, the competent Minister for regional development, information on the implementation of the contract territory in the previous year.

4. The proper Minister of regional development, preparing, taking into account the information referred to in paragraph 1. 2 and 3, in consultation with the appropriate management of information on the implementation of the contract territory in the previous year.

5. The proper Minister of the regional development shall forward to the Council of Ministers, and the Board of sejmikowi shall, by 30 June of each year, information on the implementation of the contract territory in the previous year.



Chapter 2 c programmes for European territorial cooperation Article. 14s. [European territorial cooperation Programme] 1. Project of European territorial cooperation, as referred to in article 1. 8 European Parliament and Council Regulation (EU) No 1299/13 of 17 December 2013 on specific provisions relating to support from the European regional development fund under the European territorial cooperation objective (OJ. The EU L 347 of 20.12.2013, p. 259), hereinafter referred to as "the EWT" proper minister of regional development: 1) provides the website and portal, referred to in article 1. 115 paragraph 1. 1 (b). (b) Regulation (EC) No 1303/2013, in order to express the opinion of the social partners and economic project, which relates to the scope of this project;

2) passes to the opinion of the Joint Commission of Government and local government.

2. the entities referred to in paragraph 1. 1, express an opinion within the time limit fixed by the proper Minister of regional development, not less than 14 days from the date of the release, respectively, or forward design of EWT for his opinion. The opting out an opinion within the time limit means the giving up of the right of its expression.

3. the Council of Ministers agrees on accession to EWT, by resolution, before referring it to the adoption by the European Commission.

4. After the adoption of the programme by the European Commission EWT proper minister of regional development: 1) transmit the program EWT Council of Ministers;

2) gives to the public, in particular on its website and on the website referred to in article 2. 115 paragraph 1. 1 (b). (b) Regulation (EC) No 1303/2013, the program EWT and the date from which this program is used;

3) publish in the official journal of the Republic of Poland "Polish Monitor" message with the address of the website and portal, which will be posted to the program as well as the date, the EWT from which this program is used.

5. the provisions of paragraphs 1 and 2. 4 shall apply mutatis mutandis in the event of a change of EWT.



Chapter 3 operational programmes and programmes for the development of the Article. 15. [the nature and purpose of establishing programs] 1. Programs are emergency in nature documents in order to carry out the established deployment of the medium-term strategy for the development of the country and the development strategies referred to in article 1. 9 paragraph 3, specifying the actions to carry out in accordance with the established system of financing and implementation, which is an element of the program. The programmes shall be adopted by a resolution or decision of the relevant authority.

2. the medium-term strategy for the development of the country and development strategies referred to in article 1. 9 paragraph 3, may be carried out also on the basis of international agreements or arrangements, the separate programs, including operational programmes and programmes under the European territorial cooperation objective referred to in chapter III of European Parliament and Council Regulation (EC) No 1080/2006 of 5 July 2006 on the European regional development fund and repealing Regulation (EC) No 1783/1999 (OJ l. The EU L 210 from 07/31/2006, p. 1) and programmes, referred to in regulation of the European Parliament and of the Council (EC) no 1638/2006 of 24 October 2006 laying down general provisions establishing a European neighbourhood and partnership instrument (OJ. The EU L 310 of 09.01.2006, p. 1), as well as legal and financial instruments, which are referred to in the provisions of the European Union.

3. implementation of the medium-term strategy for the development of the country, referred to in paragraph 1. 2, takes place on the principles laid down in the agreements or international agreements, as well as in separate programs, including operational and financial instruments referred to in paragraph 1. 2, on the basis of the provisions of the European Union indicated therein, relating to these programmes and on the basis of the relevant decision of the European Commission.

4. Programs are: 1) the documents operational programmes referred to in article 1. 37 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, implementing the objectives contained in the national strategy of cohesion and development strategies referred to in article 1. 9 point 3; operational programmes of the national operational programmes and regional operational programmes;

2) documents development programmes implementing the objectives contained in the development strategies referred to in article 1. 9 paragraph 3, and multiannual programmes, referred to in the rules about public finances.

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, the proper minister of regional development. Where in the programmes, in accordance with the relevant decision of the European Commission, the managing authority located outside the Republic of Poland, the proper minister of regional development, acts as Coordinator.

6. For each operational programme and the programme for the development of over 300 million, as well as changes to the programme for the development of over 300 mln zł, the institution has been devising a program to prepare, before its adoption or alteration, evaluation report, containing the prior evaluation of the implementation of the programme.

7. (repealed).

8. in the case of the development or amendment of a development programme, referred to in paragraph 1. 6, the institution has been devising a programme for the development of over 300 mln zł may, in agreement with the Minister responsible for the regional development, to withdraw from the development of evaluation report, taking into account in particular the high level of the objective and the scale of the impact on the economy and society.

Article. 16. [the period embraced by] the programme shall cover a period not extending beyond the duration of the medium-term strategy for the development of a country or a development strategy referred to in article 1. 9 section 3, which accomplishes.

Article. 17. [Content of the programme] 1. The program defines in particular: 1) diagnosis of the socio-economic situation in relation to the scope of strategic programming and the results of the evaluation report referred to in article 2. 15. 6;

2) main objective and the specific objectives with regard to the medium-term strategy for the development of the country, the national cohesion strategy or strategy development, referred to in article 1. 9 section 3, along with specific indicators;

3) priorities and lines of territorial interventions, including in terms of regional;

4) way of monitoring and evaluating the degree of achievement of main purpose and objectives;

5) financial plan, including: a) sources of financing the implementation of the programme, (b)) the amount of funds allocated for the financing of the implementation of the programme and its distribution between the different priorities, c) information about the amount of cofinancing at programme level and priorities;

6) the basic assumptions of the system implementation.

1a. the System referred to in paragraph 1. 1, paragraph 6, shall contain the conditions and procedures applicable to the institutions involved in the implementation of the programme, including management, monitoring, evaluation, monitoring and reporting and coordination of the activities of these institutions.


2. in the case of operational programmes shall take account of the requirements set out in 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. How to ensure multiannual finance an operational programme with funds from the State budget or from foreign sources define the rules on public finances.

4. In the case where the source of funding within the framework of the operational programme are derived from the EU funds, funding in this area takes place on the basis of the provisions relating to these funds.

Article. 18. [development] project develops and agrees: 1) the proper minister of regional development, in cooperation with the competent Ministers – in the case of the national operational programme;

2) in cooperation with the Board of the competent Minister for regional development, in the case of the regional operational programme;

3) the competent minister, Board of management, or County Mayor (Mayor, Mayor of the city), in the case of a development programme.

Article. 19. [procedure for the adoption of programs] 1. Development project drawn up by the competent Minister shall be submitted to the competent Minister for regional development in order to deliver an opinion on the conformity with the medium-term strategy for the development of the country and of the referred to in article 4. 17. 1.1a. The proper Minister of regional development of the opinion referred to in paragraph 1. 1, within 30 days from the date of receipt of the draft development programme.

1B. in the case of release by the proper Minister of regional development of the opinion about the lack of conformity of the draft programme for the development of the medium-term development strategy of the country or of the referred to in article 4. 17. 1, the competent minister shall prepare a written position to this opinion.

1. the competent minister shall submit for consideration by the Council of Ministers a draft of development program, together with the opinion referred to in paragraph 1. 1, and the position referred to in paragraph 1. 1B. 2. Development program developed by the competent Minister shall be adopted by the Council of Ministers by way of resolution.

3. The development programme developed by the competent Board of shall be adopted by the Management Board of the province by way of resolution.

3A. The development programme developed by the competent County Board shall be adopted by the County Council by way of resolution.

3B. The development programme developed by the Mayor (Mayor, city President) shall be adopted by the Council of the municipality by a resolution.

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

5. the national operational programme following the adoption by the European Commission, by a decision, the message is passed to the members of the Council of Ministers.

6. the provisions of paragraphs 1 and 2. 2 to 5 shall apply mutatis mutandis in the event of a change or development programmes of national operational programmes.

7. the competent minister for developing program development or the proper minister of regional development, publish in the official journal of the Republic of Poland "Polish Monitor" message: 1) in the case of the development programmes drawn up by the competent Minister: (a) the adoption of the resolution by the Council of Ministers) of the adoption of the programme for the development of, or its amendment, b) the address of the website where the competent minister shall establish a development program development program development and content changes to this program , c) period from which the program developed by the competent Minister or his changes will be applied;

2) in the case of national operational programmes: (a)) has been taken by the European Commission decision approving the national operational programme or its amendments, b) the address of the Web page for which you are managing authority shall establish the content of the national operational programme and changes to the program, (c)) date from which the holding of the national operational programme or its changes will be applied.

8. the Management Board, the Executive Board or County Mayor (Mayor, city President) publishes in the official journal of the regional message: 1) make decisions about the adoption of a development programme, drawn up by the Board of the County, the Board of directors or the Mayor (Mayor, Mayor of the city) or its amendments;

2) the address of the Web page for which you will be posted the content of the programme for the development of and changes to this program;

3) period from which the program or its changes will be applied.

Article. 19A. [Consultation programs projects] 1. Draft programmes shall be the subject of consultations with local authorities, social and economic partners and the Commission, the joint Government and local government.

2. the provisions of article 3. 6 (2). 2-4 shall apply mutatis mutandis.

Article. 20. [regional operational programme] 1. The design of the regional operational programme, which includes funding from the State budget prepares and brings in cooperation with the Board of the Minister competent for regional development.

2. the Management Board shall adopt the draft of the regional operational programme by resolution, before referring to the adoption by the European Commission.

2A. The proper Minister of regional development, in carrying out the duties of a Member State, is negotiating regional operational programs, in consultation with the European Commission and with the participation of a representative of the managing authority regional operational programme.

2B. Regional operational programme, following the adoption by the European Commission, by a decision, shall be forwarded by the proper Minister of regional development to the attention of the members of the Council of Ministers.

3. the managing authority shall publish in the official journal of the provincial regional operational programme.

3A. the provisions of paragraphs 1 and 2. 1-3 shall apply mutatis mutandis in the event of a change in the regional operational programmes.

3B. The proper Minister of regional development, publish in the official journal of the Republic of Poland "Polish Monitor" message: 1) the decision by the European Commission decision approving the regional operational programme or its amendments;

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

4. (repealed).

5. (repealed).

5a. (repealed).

6. (repealed).

7. (repealed).

8. (repealed).

9. Board of sejmikowi shall, by 30 June of each year, information on the implementation of the regional operational programme during the previous year.

Article. 20A. [targeted Subsidies from the State budget] 1. Policy development activities, which are the tasks of their own units of territorial self-government, not included in the regional operational programme or programme for the implementation of a partnership agreement in the field of cohesion policy, developed by the Board of Directors, can be financed from the State budget earmarked subsidies where these actions: 1) permanently contribute to raise the development and competitiveness of the region, or 2) remain in connection with the activities carried out within the framework of the regional operational programme or programme for the implementation of a partnership agreement in the field of cohesion policy drawn up by the Executive Board.

2. The transfer of the special-purpose grants, referred to in paragraph 1. 1, is based on a contract entered into by: 1) the proper Minister of regional development, or 2) the competent Minister or the appropriate topical voivode, following a favourable opinion of the proper Minister of regional development – local government units, on the principles set out in the rules about public finances.

Article. 20b. [targeted Grants] 1. Public finance sector entities referred to in article 1. 9 paragraphs 2, 5, 10 and 14 of the Act of 27 August 2009 of public finances (OJ of 2013. poz. 885, 938 and 1646) may receive targeted subsidies from the State budget: 1) priority projects referred to in article 1. paragraph 1, 14 p. 1, paragraph 3;

2) expenses arising out of or related to the implementation of the operational programmes and programmes for the implementation of the partnership agreement.

2. The transfer of the special-purpose grants, referred to in paragraph 1. 1, is based on a contract entered into by: 1) the proper Minister of regional development, or 2) the competent Minister or the appropriate topical voivode, following a favourable opinion of the proper Minister of regional development – with the public finance sector, referred to in paragraph 1. 1, the rules laid down in the rules about public finances.

Article. 21. [financing of projects having the characteristics of State aid or de minimis aid] 1. To the extent that the financing of projects within the framework of the programs constitutes aid which meets the conditions referred to in article 1. paragraph 87. (1) the Treaty establishing the European Community or de minimis aid, the financing of the specific terms and conditions apply and the provision of assistance.

2. assisting Entities referred to in paragraph 1. 1, are the managing authorities, intermediate bodies, organizations implementing or beneficiaries, as well as other entities referred to in article 1. 2 section 12 of the Act of 30 April 2004, the proceedings in matters relating to public aid (OJ 2007 No. 59, item 404, as amended).

3. the competent minister or the proper minister of regional development, as regards operational programmes, within the framework of which the Board of acts as a managing authority or intermediate body, shall determine, by regulation, the specific destiny, conditions and the provision of assistance referred to in paragraph 1. 1, in particular with regard to the need to ensure the compatibility of the aid with the conditions of its admissibility in the case where separate provisions do not lay down specific conditions and modalities for the granting of the aid.


4. the aid referred to in paragraph 1. 1, not covered by the provisions referred to in paragraph 1. 3, or other regulations issued on the basis of separate laws, constitutes an individual aid, and its use and the detailed terms and conditions for the award of the grant agreement, the decision specifies the project grant agreement shall deliberate or act which is the basis for it to be granted.



Chapter 3a Urban Policy Article. 21A. [Urban Policy] Urban Policy is a set of legal action, financial planning and for the sustainable development of cities and their functional areas, with a view to harnessing the potential of cities and their functional areas in the process of development of the country, strengthening the capacity of cities and their functional areas to stimulate economic growth and the creation of sustainable jobs and the improvement of the quality of life of the inhabitants.

Article. 21B. [National urban policy] 1. The proper Minister of regional development, urban policy based on the national policy.

2. the national urban policy is a document that represents a Government action plan referred to in article 1. 21A, and taking account of the objectives and directions set out in the medium-term development strategy and the national strategy of regional development.

3. the national municipal policy includes, in particular: 1) the most important developmental challenges diagnosis for cities;

2) basic objectives and lines of action of Government, referred to in article 1. 21A;

3) the conditions and procedures for its implementation.

Article. 21 c [national urban policy Design] 1. The proper Minister of regional development, shall draw up, in cooperation with the local government units, national urban policy project.

2. The project referred to in paragraph 1. 1 the proper minister of regional development: 1) consults with the social and economic partners;

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

3. National urban policy is adopted by the Council of Ministers by way of resolution.

4. National urban policy is subject to update not less frequently than once every 7 years, taking into account the programming period of the European Union and the development strategy of the European Union, 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 the operational programmes Art. 25. [entities responsible for the correct implementation of the programme] for the correct implementation of the programme: 1) in the case of an operational programme – the managing authority, which is the proper minister of regional development or of the Board of Directors;

2) in the case of the programme for the development of, respectively, the competent minister or Board of.

Article. 26. [the tasks the managing authority] 1. The tasks of the managing authority shall, in particular: 1) fulfilling the obligations deriving from article 2. 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) prepare a detailed description of the priorities in the operational programme and its amendments, taking into account the guidelines the proper Minister of regional development, referred to in article 1. paragraph 35. 3, paragraph 1;

3) preparation and transmission to the Monitoring Committee for approval a proposal of criteria for the selection of projects, fulfilling the conditions of non-discrimination and transparency, taking into account, in particular, article 9. 16. 17 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;

4) selection, on the basis of the criteria referred to in point 3, the projects that will be funded under the operational programme;

5) conclusion of the beneficiaries of the grant agreements or decisions referred to in article 14(2). 28 paragraph 1. 2;

6) determination of the criteria for the eligibility of expenditure covered by the contribution within the framework of the operational programme;

7) to determine the level of funding of the project, as a percentage of the expenditure covered by a contribution;

8) determination of the system of implementation of the operational programme;

9) (repealed);

10) management of the funds intended for the implementation of the operational programme from the State budget, the State budget or from foreign sources;

11) for making payments to the beneficiaries of the operational programme;

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

13) develop, where necessary, proposals for changes in the operational programme;

14) the inspection of the implementation of the operational programme, including the implementation of the individual projects funded by the EU;

15) recovery of repayable amounts, including issuing decisions about reimbursement funds provided for the implementation of programmes, projects or tasks, referred to in the provisions of the public finances;

15A) fixing and imposing financial corrections referred to in article 1. 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) ensuring adequate information and publicity of the operational programme.

2. the managing authority shall, in carrying out the tasks referred to in paragraph 1. 1 should take account of the principle of equal access to all categories of beneficiaries in the framework programme and to ensure the transparency of the rules to be applied in the evaluation of projects.

3. the managing authority shall announce the message: 1) in the case of the national operational programme-in the official journal of the Republic of Poland "Monitor Polish": a) the address of the Web site on which the managing authority will provide a detailed description of the content of the national priorities of the operational programme or its amendment, b) date from which a detailed description of the priorities in the operational programme or its changes will be applied, c) (repealed);

2) in the case of the regional operational programme – in the regional official Gazette: a) the address of the Web site on which the managing authority will provide a detailed description of the content of the priorities of the regional operational programme, or its amendment, b) date from which a detailed description of the priorities of the regional operational programme or its changes will be applied, c) (repealed).

Article. 27. [Entrusting an intermediary tasks related to the implementation of the operational programme] 1. The managing authority may, by agreement, to entrust an intermediary part of tasks related to the implementation of the operational programme, and in particular: 1) the preparation and transmission of the managing authority proposal for a detailed description of the priorities of the operational programme on the basis of the guidelines for the proper Minister of regional development, referred to in article 1. paragraph 35. 3, paragraph 1;

2) preparation and transmission to the Monitoring Committee for the proposal selection criteria of the project;

3), on the basis of certain criteria for the selection of projects to be funded under the operational programme;

4) concluding contracts with the beneficiaries of the project;

5) control the implementation of funded projects;

6) for making payments to the beneficiaries of the operational programme;

6a) for issuing a decision on reimbursement of funds provided for the implementation of programmes, projects or tasks, and a decision on payment of the percentage referred to in the provisions of the public finances, as well as deciding on appeals against those decisions, issued in the first instance by another institution;

7) the recovery of amounts unduly paid to beneficiaries;

8) carrying out information and publicity measures.

2. The managing authority shall bear the responsibility for the correctness of the execution of the tasks assigned to an intermediary.

3. The managing authority shall approve the procedure for making the steps within the framework of the tasks assigned to it, devised by the intermediary institution.

4. The managing authority or, with its agreement of the intermediary institution or institution implementing may entrust the implementation of technical activities related to the servicing of their tasks to other entities on the basis of appropriate agreements or contracts.

5. for the implementation of the technical activities referred to in paragraph 1. 4, entrusted to the public finance sector unit or foundations whose only founder is the State Treasury shall not apply the provisions of the Act of 29 January 2004 public procurement law (Journal of laws of 2007 No. 223, item. 1655, as amended). In this case, the managing authority or intermediate body shall bear the costs incurred by these individuals or foundations necessary costs for the implementation of those activities.

Article. 28. [Projects supported under the operational programme] 1. In the framework of the operational programme may be funded projects: 1) the individual is of strategic importance to the implementation of the programme, as indicated by the managing authority, 2) system, including the technical assistance projects-consisting of the implementation of public tasks by entities operating on the basis of separate provisions, in terms of specific laws and the documents adopted by the Council of Ministers ' programme a strategic-, 3) selected in competition mode


-in accordance with the criteria approved by the Monitoring Committee, complying with the conditions of non-discrimination and transparency, taking into account, in particular, article 9. 16. 17 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.

1a. The proper Minister of regional development in the case of national operational programmes: 1) publishes on its website a list of the projects referred to in paragraph 1. 1, paragraph 1, and its amendments;

2) publish in the official journal of the Republic of Poland "Polish Monitor" message on the Web page for which you are managing authority shall establish a list of projects referred to in paragraph 1. 1, point 1, or change it.

1B. in the case of Board of regional operational programs: 1) publishes on its website a list of the projects referred to in paragraph 1. 1, paragraph 1, and its amendments;

2) publish in the official journal of the regional message for the address of the Web page for which you are managing authority shall establish a list of projects referred to in paragraph 1. 1, point 1, or change it.

2. where the managing authority or intermediate body is also the beneficiary of a grant, the project is a project agreement or decision taken by the managing authority or intermediate body, in accordance with the provisions adopted for the implementation of the system of the operational programme. In cases where the managing authority or the intermediary is a provincial government decision shall be taken in the form of a resolution of the Board of Directors.

3. (repealed).

4. (repealed).

5. the documents forming the system of implementation of the operational programme, as well as their changes shall be published on the websites of the competent institution Governing Board.

6. the documents referred to in paragraph 1. 5, may not be altered to the detriment of the applicant during a certain round of the competition, in so far as they apply to this contest and, in the case of open competitions-their change may not affect the consideration of complex prior to this change, the application for funding.

7. the provision of paragraphs 1 and 2. 6 does not apply to cases where the necessity to change due to international obligations or a separate set. In this case, by making changes to the system implementation, the appropriate managing authority with the publication of these changes provides information containing their justification, and the date from which these changes will be applied.

8. All documents and information provided by the applicants, to be evaluated during the course of the contest or the round of the competition in the case of an open competition, as well as any documents obtained or prepared in connection with the evaluation of documents and information submitted by applicants, pending the conclusion of all agreements for funding within the framework of the competition do not constitute public information within the meaning of the Act of 6 September 2001 on access to public information (Journal of laws No. 112 , item. 1198, as amended. d.).

9. in the framework of the operational programme funded projects may also be referred to in paragraph 1. 1, implemented in the form of public-private partnership, on the basis of the law of 19 December 2008 on public-private partnerships (OJ of 2009 No 19, item 100).

Article. 28A. [affiliate] 1. With a view to the joint implementation of the projects referred to in article 1. 28 paragraph 1. 1, within the range specified by the managing authority, the partnership can be created, by contributing to the project, human resources, organizational, technical or financial, performing together project, hereafter referred to as the "partnership project", under the conditions laid down in the agreement or fisheries partnership agreement or on the basis of separate provisions.

2. affiliate Project is being carried out on the basis of a decision or the grant agreement concluded with the beneficiary acting in the name and on behalf of partners for a specific agreement or partnership agreement.

3. in the case of partnerships, the agreement or the partnership agreement specifies, in particular, the tasks of the joint rules, partners of the project management and the way in which the financial resources by the beneficiary to cover necessary costs incurred by the partners for the implementation of the tasks within the project.

4. in the case of partner projects carried out on the basis of a partnership agreement, the entity referred to in article 1. 3 paragraphs 1 and 2. 1 of the law of 29 January 2004 public procurement law, applying for funding, the selection of partners outside the sector of public finances while maintaining the principles of transparency and equal treatment of operators, in particular is obliged to: 1) announced an open recruitment partners in the official journal of the national or local level and in the Bulletin of public information; in the notice shall be indicated the term at least 21 days for partners;

2) take into account when choosing partners: the compatibility of a potential partner activities with the objectives of the partnership, offered a potential partner's contribution to the partnership, experience in the implementation of projects of a similar nature, cooperation with the beneficiary during the preparation of the project;

3) provide public information about the websites of the partnership agreement and the scope of tasks.

Article. 29. [Notice of competition in order to develop projects for funding] 1. The managing authority, intermediate body or institution implementing, in order to develop projects for funding mode, referred to in article 1. 28 paragraph 1. 1, paragraph 3, announces a contest on their website.

2. The notice referred to in paragraph 1. 1, provides information including: 1) type of project subject to approval;

2) type of entities that are eligible for funding;

3) the amount of funds allocated to the funding of projects;

4) the level of funding of projects referred to in article 2. 26 (1). 1, paragraph 7;

5) the maximum amount of funding the project, unless such amount is fixed;

6) criteria for the selection of projects;

7) the deadline for settlement of the contest;

8) model application for funding of the project;

9) date, place and manner of submission of applications for funding;

10) model of the grant agreement;

11) information about the remedies the remedies available to the applicant and the conditions under which they are paid, in accordance with article 4. paragraph 30A. 3. 30B. 3. The managing authority, intermediate body or implementing institution on the date of the notice of the competition shall be shown in the official journal of the national or regional-scale information about the contest, containing at least the elements specified in paragraph 1. 2 points 1-3 and an indication of the address of the Web page for which you posted a notice of competition.

4. Pending the conclusion of all agreements for funding the project with the beneficiaries selected in a competition or as a result of consideration of the means of redress provided for in the Act, announcing a contest may not result in the deterioration of the rules of the contest, the conditions for the implementation of the project and impose on applicants for funding additional duties.

4A. the provision of paragraphs 1 and 2. 4 shall not apply to cases where the need to change due to international obligations or the provisions of other laws.

5. (repealed).

Article. 30. [project agreement] 1. The basis for the funding of the project is the project agreement concluded with the beneficiary by the managing authority acting on its behalf or intermediary institution or institution implementing either the decision referred to in article 1. 28 paragraph 1. 2.2. The agreement or decision referred to in paragraph 1. 1, shall lay down the conditions for funding the project, as well as the rights and obligations of the beneficiary.

Article. 30A. [the compliance of the agreement with the implementation of the operational programme] 1. The agreement for funding the project is concluded in accordance with the system for the implementation of the operational programme, in relation to the project: 1) that has successfully passed all stages of the evaluation, and was qualified for a grant, and (2)) which is possible within the available funding allocation for the implementation of specific actions and priorities within the framework of the operational programme.

2. The managing authority, intermediate or implementing institution, in accordance with the system for the implementation of the operational programme, announcing on its Web site a list of projects referred to in article 1. 28 paragraph 1. 1, paragraph 3, that were eligible for funding.

3. The competent institution referred to in paragraph 1. 2, shall inform the applicant in writing of the results of the various stages of its assessment of the project together with the scoring received or information about the fulfilment of or failure criteria for the selection of projects. This information includes the justification of the assessment, (a) where the assessment is negative is also briefing about the possibility of lodging a protest, in the manner and on the terms referred to in article 1. 30B, containing an indication: 1) the appropriate managing authority to which you want to make a protest;

2) deadline for filing protest;

3) forms and filing protest;

4) need to comply with the formal requirements referred to in article 1. 30B paragraph 1. 6. 30B. [an appeal against a negative evaluation of the project] 1. The applicant, in the case of a negative evaluation of his project, entitled to redress in the form of a protest. A protest is made to the relevant managing authority.

2. A negative assessment is to evaluate in terms of fulfilment of the criteria for the project approved by the Monitoring Committee, in which: 1) project has obtained at least a point or has not fulfilled the criteria for the selection of projects, as a result you may not be eligible for funding or directed to the next stage of evaluation;


2) project has obtained a minimum point or has met the criteria for the selection of projects, enabling him to qualify, however, funding is not possible due to the exhaustion of the competition for the purpose of the measures referred to in article 1. paragraph 29. 2 paragraph 3.

3. Exhaustion within the contest of the measures referred to in article 1. paragraph 29. 2 paragraph 3, may not be the sole rationale for lodging a protest.

4. the Protest may be lodged by the applicant within 14 days from the date of service of the information referred to in article 14(2). paragraph 30A. 3. A protest is lodged directly or through the institution that has made an evaluation of the project, to the competent institution, in accordance with the instructions referred to in article 2. paragraph 30A. 3.6. Protest is submitted in writing and include the following: 1) the designation of the competent institution, to which it is submitted;

2) data of the applicant;

3) grant application number;

4) indication of all the project selection criteria, the assessment of which the applicant does not agree, and the reasons for it;

5) indication of all the accusations about the nature of the procedure in respect of the assessment and the reasons for it;

6) the signature of the applicant or of the person authorized to represent him, accompanied by the original or an authenticated copy of the document certifying the legitimacy of such a person to act on behalf of the applicant.

7. Subject to article 22. 30i (1), the appropriate managing authority shall consider the protest not later than 70 days from the date of its receipt. In justified cases, in particular where in the examination of the protest, it is necessary to use with the help of experts, the time limit for the examination of the protest may be extended as appropriate managing authority shall inform the applicant in writing. The term consider the protest must not exceed a total of 90 days.

8. The competent institution Governing Board shall consider the protest, taking into account article 9. 60 (b). (a) 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.

9. the competent managing authority shall inform the applicant in writing of the outcome of the consideration of its protest. This information includes, in particular: 1) the content of the settlement of consideration or rejecting the protest together with the reasons therefor;

2) in the case of failure to protest-letter about the possibility and time of bringing complaints to the provincial administrative court, on the principles referred to in article 1. 30.10. In the examination of the protest may not take part people who were involved in the preparation of the project or in its assessment.

11. Protest is not subject to examination, if the proper instruction, referred to in article 1. paragraph 30A. 3, 1:1) was lodged after the deadline, 2) to the wrong institution, 3) by an entity other than indicated in the article. paragraph 29. 2 paragraph 2, 4) without meeting the requirements referred to in paragraph 1. 6-of which the competent institution shall inform the applicant in writing.

Article. 30. [complaint to the provincial administrative court] 1. After exhausting the appeal proceedings before the competent institution and, in the case referred to in article 2. 30i (1), the applicant may file a complaint in this respect to the provincial administrative court, in accordance with article 4. 3 § 3 of the Act of 30 August 2002, the law on proceedings before administrative courts (Journal of laws of the 2012 item 270, 1101 and 1529).

2. the action referred to in paragraph 1. 1, is paid by the applicant within 14 days from the date of service of the information referred to in article 14(2). 30B paragraph 1. 9 or article. 30i (1), directly to the competent regional administrative court together with the complete documentation in the case. The complaint is subject to registration in the standing.

2A. The complete dossier referred to in paragraph 1. 2, includes: 1) the request for funding, 2) information about the results of the evaluation of the project referred to in article 14(2). paragraph 30A. 3, 3) lodged a protest, 4) the information referred to in article 14(2). 30B paragraph 1. 9 or article. 30i point 1, together with any attachments.

2B. The complete dossier is lodged in the original or in authenticated copies.

3. As a result of the examination of the complaints referred to in paragraph 1. 1, the Court may: 1) include the complaint, stating that the assessment of the project was carried out in a way that violates the law, passing at the same time, the case for re-consideration by the competent managing authority or intermediary;

2) dismiss the complaint for failure;

3) terminate the proceedings in the case, if for any reason it is irrelevant.

4. the Court shall decide the matter in the field referred to in paragraph 1. 1, within 30 days from the date of filing of the complaint.

5. Litigation: 1) after the date referred to in paragraph 1. 2, 2) without complete documentation, 3) without paying a fixed entry within the time limit referred to in paragraph 1. 2-leaving it without consideration.

6. in the case of complaints without complete documentation or without paying the entry, the Court calls upon the applicant to remedy the deficiencies within a period of 7 days from the date of service of the summons, under pain of leaving the complaint without consideration.

Article. 30 d. [appeal in cassation to the Supreme Administrative Court] 1. The applicant or the competent institution or intermediary can make managing the Cassation to the Supreme Administrative Court within 14 days from the date of service of the decision of the provincial administrative court. The recipe article. paragraph 30 c. 2 shall apply mutatis mutandis.

2. the action referred to in paragraph 1. 1, is considered within a period of 30 days from the date of its filing. The provisions of article 4. paragraph 30 c. 5 and 6 shall apply mutatis mutandis.

3. On the right of the applicant to bring a complaint to the Administrative Court does not affect negatively the wrong letter or lack of instruction referred to in article 2. paragraph 30A. 3, art. 30B paragraph 1. 9 point 2 and article. 30i point 1.

Article. 30e. [the appropriate application of the provisions of the Act-the law on proceedings before administrative courts] unregulated by statute to proceedings before administrative courts shall apply mutatis mutandis the provisions of the Act of 30 August 2002, the law on proceedings before administrative courts prescribed for acts or activities referred to in article 1. 3 § 2 paragraph 4 with the exception of article 5. 52-55. 61 § 3-6. 115-122, 146, 150 and 152 of this Act.

Article. 30F. [effect of the appeal procedure for concluding contracts with other applicants] for an appeals procedure referred to in article 14(2). 30A-30e, shall not prevent the conclusion of contracts with applicants whose projects were eligible for funding.

Article. 30 g [legal nature of information concerning the assessment of the application] the information received by the applicant concerning the assessment of his application, as well as during the appeal procedure, does not constitute an administrative decision.

Article. 30 h [Final administrative court decision] Final adjudication of administrative court, rejecting the complaint, the rejection of a complaint or leave a complaint without consideration of the appeal procedure ends and the project selection procedure.

Article. 30i [allocation Exhaustion for the implementation of the action or the priority at the stage of the proceedings in the appeal procedure] in the case at any stage of the proceedings in the appeal procedure, the allocation for the implementation of the action or the priority referred to in article 14(2). paragraph 30A. 1 section 2 is nearing: 1), the competent managing authority leaves unexamined protest, informing about it in writing the applicant, instructing at the same time about the possibility of bringing a complaint to the provincial administrative court on the principles referred to in article 1. 30 c;

2) the Court, having regard to the complaint States only that the assessment of the project was carried out in a way that violates the law and does not pass the case to reconsider.

Article. 31. [participation of experts in assessing the design] 1. In order to ensure a fair and impartial evaluation of projects in the process of selection of projects for funding experts may participate with specialist knowledge or skills of the specific areas covered by the operational programme.

2. The expert may be a person who: 1) uses full public rights;

2) has the full capacity to act;

3) has not been convicted by a final judgment for any offence the deliberate or intentional tax offence;

4) meet other requirements on the implementation of the operational programme.

3. When using the services of experts shall apply by analogy the provisions of the Act of 14 June 1960-code of conduct (OJ 2000 No. 98, item 1071, as amended) concerning the exclusion of the employee and the authority.

4. Expert prior to the assessment of a project is made up of the institution that uses its services statement, that there is none of the circumstances causing the exclusion of it from participating in the assessment of the project under the Act referred to in paragraph 1. 3, and that there are no circumstances that could raise a reasonable doubt as to his impartiality with respect to the principal applicant for funding or entity who has made an application which is the subject of the assessment. A statement is filed under pain of criminal prosecution for perjury, what should the applicant instructed prior to the submission of the Declaration.

5. the Governing Board may establish and maintain a database of experts.

6. The managing authority shall make available to set up a database of experts on its website and notify the competent Minister for regional development, the data contained therein.

7. in case of any changes in the database experts of paragraph 1. 6 shall apply mutatis mutandis.

8. The proper Minister of regional development, set up and maintain a central database of experts, on the basis of the data supplied by the managing authorities and provides it on its Web site.


9. Database of experts and a central database of experts, contain the following data: 1) the full name of the examiner;

2) area covered by the operational programme, in which specialized expert;

3) email address.

10. the Governing Board may delegate responsibility for the establishment and conduct of base of experts participating institutions in the implementation of the operational programme.

11. placing expert data in the database of experts and a central database of experts requires its prior consent, in writing, that also includes consent to processing of his personal data.

12. the managing authority shall, when forwarding to the competent Minister for regional development, the data referred to in paragraph 1. 8, joins them consent to putting data in the central database of experts referred to in paragraph 1. 11. 32. [an agreement or contract concluded by the intermediary institution of an institution implementing] 1. The managing authority or intermediate body may conclude with the institution implementing the agreement or the agreement on the implementation of the tasks entrusted to it, including the issuance of a decision on reimbursement of funds provided for the implementation of programmes, projects or tasks, and a decision on payment of the percentage referred to in the rules about public finances.

2. the agreements referred to in paragraph 1. 1, shall apply the provisions on public finances measures coming from the budget of the European Union and other foreign sources, non-refundable.

3. (repealed).

4. An agreement or contract referred to in paragraph 1. 1, contain the elements specified in the rules about public finances on an agreement for funding the project and shall specify in particular: 1) implementing institutions supported the measures in the operational programme;

2) the amount of funding;

3) the conditions for the transfer;

4) how to perform by the managing authority or intermediate body of supervision of the regularity of the use of the transferred funds.

5. implementing Institution carries out the task funded under the operational programme in the manner specified in separate regulations relating to its activities.

Article. 33. (repealed).

Article. 34. (repealed).

Article. 35. [the task of regional development Minister] 1. The proper Minister of regional development is responsible for coordinating the use of resources, including the budget of the European Union for the funding of the operational programmes, with the exception of the programmes co-financed by the European agricultural fund for rural development and the European Fisheries Fund.

2. The proper Minister of regional development, in particular: 1) (repealed);

2) shall draw up and submit for approval by the Council of Ministers, after consulting the competent Minister or Board of Directors, a proposal for allocation of resources the State budget and the funds from the EU budget between individual operational programmes;

3) ensures conformity of the operational programmes of the European Union;

4) leads, in collaboration with the competent Ministers and state management, negotiations with the European Commission aimed at agreeing on the content of the operational programmes;

5) cooperate in preparing regional operational programs, monitors and controls the process of their implementation, and asks the boards of provinces with proposals on how to improve their implementation;

6) occurs to the European Commission with a request for transfers of appropriations between the operational programmes or, at the request of the competent institution Governing Board – between priorities;

7) the European Commission certifies the correctness of the expenditure under operational programmes and carry out audits in order to ensure the proper implementation of this process;

8) (repealed);

9) shall draw up and submit to the Council of Ministers to approve the draft of the national strategy;

10) is negotiating with the European Commission aimed at agreeing on the content of the plans referred to in paragraph 9;

11) shall draw up and submit to the Council of Ministers to approve the reports of the progress in the implementation of the plans referred to in paragraph 9, addressed to the European Commission.

3. The proper Minister of regional development, in order to ensure compliance with the operational programmes how to deploy the European Union law and complying with the requirements as defined by the European Commission, and in order to ensure uniformity in the rules for the implementation of the operational programmes may, taking into account article 9. 26, issue guidelines for the operational programmes in the following areas: 1) a detailed description of the priorities in the operational programme;

1A) negotiate with the European Commission operational programmes and amendments to them;

2) mode of choosing projects;

3) the qualifications of the people involved in the selection of projects;

4) mode of payment and settlement;

4A) eligibility of expenditure within the framework of operational programmes;

4B) matters relating to the preparation of investment projects, including income-generating projects;

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

5) monitoring progress mode implementation of the operational programmes;

5A) programming activities related to housing;

5B) of the environmental impact assessment for projects co-financed by the national or regional operational programmes;

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

6a) uniform system of management and monitoring of individual projects, in accordance with article 4. 28 paragraph 1. 1;

6B) information and publicity;

7) how the assessment of operational programmes;

8) technical specifications for the collection and submission of data in electronic form;

9) control the implementation of the operational programmes;

9A) the conditions of certification and preparation of forecasts of applications for payment to the European Commission in the operational programmes within the national strategic reference framework 2007-2013;

9B) financial corrections under the operational programmes;

10) how to proceed in the event of irregularities;

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

3A. Guidelines for project choice mode cannot be changed to the detriment of the applicants in the course of the contest, and in the case of open competitions-changes may not affect the processing of applications prior to the date of the change.

3B. the provision of paragraphs 1 and 2. 3A shall not apply to cases where the need for change due to international obligations or a separate set. In this case, by making changes to the guidelines for the proper minister of regional development with the publication of changes to information containing their justification, and the date from which the changes will be applied.

4. the guidelines relating to the matters referred to in paragraph 1. 3 paragraphs 1 to 4, the proper minister of regional development is preparing in consultation with the intermediate bodies.

5. in the case of regional operational programmes guidelines on the matters referred to in paragraph 1. 3. the proper minister of regional development, preparing, after consulting the relevant managing authority.

6. the guidelines relating to the matters referred to in paragraph 1. 3 points 4 and 10, minister of regional development is preparing, in cooperation with the Minister competent for the public finances.

7. The proper Minister of regional development: 1) gives to the public, in particular on its website and in the Bulletin of public information, the content of the guidelines referred to in paragraph 1. 3, as well as any amendments to them;

2) publish in the official journal of the Republic of Poland "Polish Monitor" message about the place of the publication of the guidelines and their changes, as well as the date from which the guidelines or their changes will be applied.

8. In the field referred to in paragraph 1. 1. the proper minister of regional development, control the use of funds from foreign sources, including the budget of the European Union.

9. the proper Minister of the regional development resulting from paragraph 1. 2 paragraph 7 may be communicated to the Palatine, the extent and on the terms set out in a separate agreement.

Article. 35A. [Coordination Committee for development policy] 1. In order to ensure effective coordination of the programming and implementation of development policy, as well as the strategic monitoring and evaluation of its implementation instruments formed a Coordinating Committee for development policy, hereinafter referred to as the "Coordinating Committee", as an advisory body of the President of the Advisory Council of Ministers.

2. The tasks of the Coordination Committee shall, in particular: 1) specifying requirements and initiating activities in the field of programming and implementation of development policy;

2 assessment of achievement of long-term and medium term) strategy for the development of the country;

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

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

5) an assessment of the effectiveness of the solutions adopted and the implementation of development policy;

6) monitoring of the implementation of the strategies and programmes, including the different instruments for development policy;

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

8) the assessment of administrative capacity of the institutions involved in the management of national development processes;

9) formulate an opinion and recommendations concerning the formulation and implementation of development policy;

10) reviewing projects strategic documents in the field of development policy, in particular development strategies referred to in article 1. 9, and the concept of the spatial management of the country, as well as the documents for their implementation, with the exception of the strategy for the development of the province.


3. the Koordynacyjnemu shall be chaired by the President of the Council of Ministers or by the designated representative.

4. the President of the Council of Ministers shall determine by Ordinance, the composition of the Coordination Committee and the rules of his job.

5. the President of the Coordinating Committee may invite to participate in the work of the Committee of the non-members, in particular the representatives of the parties of the regional socio-economic partners and, if required by the scope of the matters which are the subject of the Committee's work.

Article. 35B. [report on the socio-economic development, regional and spatial development] 1. The proper Minister of regional development, shall draw up, every four years, a report on the socio-economic development, regional and spatial resolution and submit it to the Koordynacyjnemu Committee for an opinion.

2. The proper Minister of regional development, following receipt of the opinion referred to in paragraph 1. 1, shall submit a report to the Council of Ministers, which takes it by way of resolution.

3. the report shall contain in particular: 1) analysis of the directions of development, including in the field of regional development and planning;

2) an evaluation of the effectiveness of the implementation of the development goals of the country identified in the strategies and programmes;

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

4. The conclusions presented in the report are the basis for the update of the existing strategies and programmes, national policy and land-use spatial concepts.

5. the Council of Ministers shall forward the report to the attention of the Sejm and the Senate.

Article. 35 c [the Committee on the control and audit of the structural funds and the Cohesion Fund] 1. Creates a control and Audit Committee of the structural funds and the Cohesion Fund, hereinafter referred to as "the Committee", as an advisory body of the Advisory Board the proper Minister of regional development in the implementation of the tasks referred to in article 2. paragraph 35. 8.2. The tasks of the Committee shall be, in particular: 1) exchange of information and experience between the audit body, the managing authority, certifying authority and bodies of State control in the field of inspections carried out;

2) reviewing plans for the control of institutions managing the operational programmes;

3) drafting rules for the verification of the parallel financing of expenditure under the different Community programmes and in the framework of the different programming periods;

4) proposing measures to enhance the effectiveness of the checks carried out in the framework of the individual operational programmes;

5) the analysis of the reports and inspection reports in the area of the structural funds and the Cohesion Fund, to be transmitted to the European Commission.

3. the Committee shall consist of: 1) two representatives of the proper Minister of regional development, in terms of the coordination of the implementation of the structural funds and coordinate regional operational programs;

2) the representatives of the managing authorities;

3) representatives of the audit authority;

4) representatives of the certifying authority.

4. The proper Minister of the regional development Committee may appoint the representatives of other institutions than those mentioned in paragraph 1. 3. The Committee shall be chaired by the proper minister of regional development or designated by the representative.

6. The proper Minister of the regional development shall determine, by way of interim measures, the composition of the Committee and the rules of his work.

7. The Chairman of the Committee may invite to participate in the work of the Committee of the non-members, including, in particular, representatives of the Supreme Chamber of control and other national audit institutions, if required by the scope of the matters which are the subject of the Committee's work.

Article. 35 d. [tax inspection Inspector General] the function of the audit institution fully tax inspection Inspector General.

Article. 35E. [obligation to submit to the checks on the correctness of the implementation of the project] 1. The beneficiary is obliged to undergo checks on the correctness of the implementation of the project, to be carried out by the managing authority, intermediate body, the implementing institution, certifying authority, audit authority, representatives of the European Commission and other institutions authorized to carry out checks 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 project to make the funding until the expiry of three years after the closure of the operational programme or of the day of expiry of 3 years following the year in which partial closure of the operational programme.

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

4. The beneficiary is obliged to make available to entities referred to in paragraph 1. 1, documents relating to the implementation of the project, provide access to the premises and which is or has been carried out the design, access to the informatics system and all information documents related to project management and to provide any explanations concerning the implementation of the project.

Article. 36. [Powers of the Monitoring Committee to monitor the implementation of the operational programmes] 1. Implementation of the operational programmes shall be subject to monitoring by the Monitoring Committee.

2. The proper Minister of regional development, acting as the operational programme managing authority, by order, (a) in the case of the regional operational programme of the Board by resolution shall appoint a Monitoring Committee in accordance with article 4. 63 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.

3. The proper Minister of regional development and Marshal shall participate, through their representatives in the work of the Monitoring Committee appointed for the regional operational programme, referred to in paragraph 1. 2. the 4. In the work of the Monitoring Committee appointed for the regional operational programme, referred to in paragraph 1. 2, participate also representatives of the Joint Commission of Government and local government.

Article. 37. [the proceedings in regard to applying for funding and the provision of funding] to act in regard to applying for funding and the provision of funding under this law with the funds from the State budget or from foreign funds and to determine and impose financial corrections referred to in article 1. 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, shall not apply the provisions of the law of 14 June 1960 – the code of administrative procedure.



Chapter 6 Changes in the provisions of the existing Article. 38. (omitted).



Article. 39. (omitted).



Article. 40. (omitted).



Article. 41. (omitted).



Article. 42. (omitted).



Article. 43. (omitted).



Article. 44. (omitted).



Article. 45. (omitted).



Article. 46. (omitted).



Article. 47. (omitted).



Article. 48. (omitted).



Article. 49. (omitted).



Article. 50. (omitted).



Chapter 7 transitional and final provisions Article. 51. [transitional provision] 1. The national strategic reference framework for the period 2007-2013, adopted by the Council of Ministers on 29 November 2006, from the date of entry into force of the law to become the Executive plan within the meaning of article 3. 5 paragraph 8 [5].

2. Mode and terms of the arrangements referred to in article 1. 11, do not apply to the country's development strategy 2007-2015, adopted by the Council of Ministers on 29 November 2006.

3. operational programmes covering the programming period 2007-2013, adopted before the date of entry into force of the law, become operational programmes within the meaning of this Act.

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

Article. 52. [exclusion of application of article 24] To the national strategic reference framework shall not apply. 24 [6].

Article. 53. (omitted).

Article. 54. [provincial programs Transformation in regional operational programmes] from the date of entry into force of the law the provincial programmes referred to in article 1. 11 (1). referred to in article 3 of the Act. 43, becoming the regional operational programmes, within the meaning of this Act.

Article. 55. [the provisions repealed] 1. Repealed the law of 20 March 2002 on financial support for investments (Journal of laws No. 41, item 363 and no. 141, item 1177, 2003 No. 159, poz. 1537, 2004 No. 123, item 1291, no. 173, POS. 1808 and No 273, poz. 2701, 2005 No. 179, item 1484 and No 249, item 2104 and 2006 No 66 , item. 472). 2. For the initiated and not on the basis of the Act referred to in paragraph 1. 1, including contracts and court proceedings, shall apply recipes.

Article. 56. [entry into force], the Act shall enter into force after the expiry of 14 days from the date of the notice, with the exception of article 5. 38, 39 and 44-50, which shall enter into force on 1 January 2007.

[1] Article. 5 section 6a added by art. 1 point 4 (b). (d)), the law of 24 January 2014, amending the law on the principles of development policy and certain other laws (OJ poz. 379). The amendment entered into force September 25, 2014.

[2] Article. 5 point 6b added by art. 1 point 4 (b). (d)), the law of 24 January 2014, amending the law on the principles of development policy and certain other laws (OJ poz. 379). The amendment entered into force September 25, 2014.


[3] Article. 5 para 6 c added by art. 1 point 4 (b). (d)), the law of 24 January 2014, amending the law on the principles of development policy and certain other laws (OJ poz. 379). The amendment entered into force September 25, 2014.

[4] Article. 12A paragraph 1. 1. the following point 8 set by art. 1, paragraph 11 (a). (a)) of the law of 24 January 2014, amending the law on the principles of development policy and certain other laws (OJ poz. 379). The amendment entered into force September 25, 2014.

[5] Repealed by article. 6 paragraph 5 (b). (b)) of the law of November 7, 2008, to amend certain laws in connection with the implementation of the structural funds and the Cohesion Fund (OJ No 216, poz. 1370), which entered into force on 20 December 2008.

[6] Repealed by article. 6 section 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 (OJ No 216, poz. 1370), which entered into force on 20 December 2008.

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