ACT

of 20 April 2004

o National Development Plan

• Metric
• Codified text

Chapter 1

General provisions

Article 1. [ Regulatory scope] The Act sets out the way of preparation and implementation of the National Development Plan 2004-2006, including:

1) the principles of coordination and interaction of the authorities of government administration, bodies of local government administration and social and economic partners;

2. the rules of cooperation with the institutions of the European Communities and international organisations;

(3) financial instruments;

(4) the institutional system;

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

Article 2. [ Definitions] The terms used in the Act shall mean:

1) beneficiary-a natural person, a legal person or an organisational unit without legal personality, using public funds of Community and public national measures under a contract for co-financing of a project or a decision, o Article 2 11 (1) 7;

2) the payment institution-the minister responsible for public finance;

(3) the intermediary institution, the institution to which the managing authority delegates part of the functions relating to the management, control and monitoring of the operational programme or the strategy for the use of the Cohesion Fund, relating to priority the operational, operational or project activities;

4. the implementing body, a public or private entity, responsible for carrying out the operational programme activities under an agreement with the managing authority;

(4a) the competent authority for the carrying out of the sampling exercise, the General Tax Inspectorate;

4b) an institution competent to issue a declaration of closure of the assistance-the General Tax Inspectorate;

5. the managing authority, the competent minister responsible for the preparation and implementation of the operational programme, or for the preparation and supervision of the implementation of the strategy for the use of the Cohesion Fund referred to in the Council Regulation (EC) No 85/CE, 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (Dz. Urz. EC L 161 of 26.06.1999, L 198 of 21.07.2001 and L 158 of 27.06.2003; Dz. Urz. EU Polish Special Edition, rozdz. 14, t. 1, str. 31) and in Council Regulation (EC) No 1164/1994 of 16 May 1994 (OJ 1994 L 94, p. establishing a Cohesion Fund (Dz. Urz. EC L 130 of 25.05.1994, L 161 of 26.06.1999; Dz. Urz. EU Polish Special Edition, rozdz. 14, t. 1, str. 9);

(5a) Managing Authority of Community Support-Minister responsible for regional development;

6. monitoring-the process of systematic collection and analysis of information on the implementation of projects, operational programmes, the strategy for the use of the Cohesion Fund and the National Development Plan, and the Community support framework;

7. programming period-the multiannual programming period for the budgets of the European Communities;

8. social and economic partners-business and employers ' organisations, trade unions, self-governments, non-governmental organisations and scientific bodies within the meaning of art. 2 point 9 the Act of 8 October 2004. on the principles of financing science (Dz. U. of 2008 No 169, pos. 1049) [ 1] The activities of which cover issues related to the National Development Plan and the operational programmes and the strategy for the use of the Cohesion Fund;

(9) a project, carried out within the framework of an action, which is the subject of an agreement to finance a project between the beneficiary and the managing authority, an institution implementing or acting on behalf of the managing authority of the institution the intermediary or the decision referred to in art. 11 (1) 7, or co-financed from Cohesion Fund resources;

10) public national measures-funds deriving from the state budget and state special-purpose funds, the resources of the budgets of local government units, the resources of other entities in the public finance sector, and other means of units, and organisational and legal forms of the public finance sector;

(11) public Community measures-financial resources coming from the budget of the European Communities and, in particular, from the Structural Funds referred to in the European Union's rules on the European Regional Development Fund, in the case of The European Social Fund, on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain regulations, the Financial Instrument Regulation Support for fisheries and the regulation establishing the Fund Consistency, as set out in the Annex to the Budget Law, for the implementation of the National Development Plan;

12) regional operational programme-a document serving the implementation of the National Development Plan, consisting of a coherent statement of operational priorities and actions, referring to the voivodship or voivodships prepared by the Board of Governors or management boards of voivodships acting in agreement, or by the minister competent for regional development;

13) sectoral operational programme-a document serving the implementation of the National Development Plan, consisting of a coherent statement of operational priorities and activities, referring to the sector of the economy, prepared by the competent minister;

14) strategy for the use of the Cohesion Fund-a document setting out the directions for expenditure of Cohesion Fund resources, agreed with the European Commission, prepared by the Minister responsible for regional development;

15. implementation system-the rules and procedures applicable to the institutions involved in the implementation of the National Development Plan, operational programmes and strategies for the use of the Cohesion Fund, including monitoring, reporting, monitoring and evaluation;

16) own contribution-as defined in the contract for co-financing of the project or the decision referred to in art. 11 (1) 7, part of the outlays incurred by the beneficiary for its implementation, not refundable;

17) (repealed).

Article 3. [ Objectives Of The National Development Plan] 1. The National Development Plan 2004-2006, hereinafter referred to as the "Plan", is a document defining the objectives of the socio-economic development of the country, including the supported objectives of regional development, and the ways of achieving them in a period consistent with the period of programming of the enclosing years 2004 to 2006.

2. With regard to specific developmental problems of a social, economic and spatial nature, the specific objectives of the Plan may be carried out in an isolated area defined in the programmes referred to in art. 8 ust. Article 1 (1) and (2), co-financed by Community public funds, and in Article 1 (1) (a 8 ust. 1, financed from public national measures.

Article 4. [ Plan Scope] 1. The plan shall specify:

1) (repealed);

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

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

4) the development directions under which the programmes and the strategy for the use of the Cohesion Fund referred to in art are defined. 8;

5. an estimate of the financial plan, including multiannual commitments limits and multiannual expenditure limits, referred to in Article 4. 25 par. 2 and 3, in the following years of implementation of the Plan, taking into account public national measures, public Community measures and private funds, including the contribution of international financial institutions;

6) multi-annual limits of financial resources allocated for the implementation of the voivodship contracts referred to in art. 32 par. 1;

(7) the criteria for the selection of beneficiaries who may be eligible for the contribution of their own contribution referred to in Article 4 (1). 30 par. 1, taking into account the possibilities of levelling the level of socioeconomic development and ensuring territorial cohesion;

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

2. The Plan shall be accompanied by a forecast of the environmental impact of the Plan, an assessment of the expected macroeconomic effect of the Plan, the assessment of the expected impact of the Plan on the labour market, and an assessment of the anticipated impact of the Plan on the competitiveness of the economy, in the innovation of enterprises.

Chapter 2

Preparation Of The National Development Plan

Article 5. [ Plan Development] The development of the Plan shall take into account the objectives set out in:

1) (repealed);

2) sectoral strategies;

3) the development strategies of the voivodships;

4. the multiannual programmes referred to in Article 4. 99 par. 2 point 4 the Act of 30 June 2005. on public finances (Dz. U. Nr 249, pos. 2104, of late. zm.) [ 2] ;

5) the concept of spatial development of the country;

6) the assumptions of the scientific and scientific-technical state of the state and the assumptions of the policy of an innovative state.

Article 6. 1. (repealed).

2. (repealed).

Article 7. (repealed).

Article 8. [ Creating programmes for the implementation of the Plan] 1. In order to implement the Plan, the following shall be created:

1. Sectoral operational programmes;

(2) regional operational programmes;

3. other operational programmes;

(4) the Cohesion Fund strategy.

2. The programmes referred to in paragraph 1. 1 points 1 to 3, are either financed from public national measures or co-financed from public Community measures.

3. A strategy for the use of the Cohesion Fund is co-financed by public Community measures.

(4) The programmes and the strategy for the use of the Cohesion Fund referred to in paragraph 4. 1, may also be co-financed from private funds.

Article 9. [ Funding of programmes] The programmes referred to in Article 8 ust. 1 points 1 to 3, which are financed from public national measures, cover the period of implementation of the Plan and contain:

1. the diagnosis of the socio-economic situation of the sector or the voivodship concerned, taking into account spatial differences;

2. the main objective and the specific objectives in line with the objectives set out in the Plan;

3) operational priorities and actions;

4) the estimated financial plan by operational priorities;

5) the implementation system.

Article 10. [ Cohesion Fund strategy] 1. The strategy for the use of the Cohesion Fund covers the period of implementation of the Plan and includes

1) the diagnosis of the situation of the realms affected by the strategy;

2. the main objective and the specific objectives;

3. an estimate of the financial plan taking into account public national measures and public funds, and private funds, including the contribution of international financial institutions;

4. detailed arrangements for its implementation;

5) the forecast of its impact on the environment.

2. The main objective and objectives of the specific strategies for the use of the Cohesion Fund shall be consistent with the objectives set out in the Plan.

3. The strategy for the use of the Cohesion Fund shall be accompanied by a preliminary list of the projects to be financed within the framework of the Cohesion Fund.

Article 11. [ Additions to programmes] 1. The competent minister or the management board of the voivodship, for the programmes referred to in art. 8 ust. 1 points 1 to 3, they prepare, after consultation of the minister responsible for regional development, complementing the programme with a detailed system for implementing the programme.

2. Supplementation of the programme, for the programmes referred to in art. 8 ust. Article 1 (1) and (2), financed by public funds, shall contain:

1) a list and description of the activities;

2) an initial assessment of the activities demonstrating their consistency with the objectives of operational priorities;

(3) monitoring indicators relating to the programme, operational priorities and actions;

(4) the types of potential beneficiaries;

5. an estimate of the financial plan relating to the programme, operational priorities and actions;

6) the detailed rules for the granting of the grant and its maximum amount in the course of the action.

3. The competent minister or the management board of the voivodship annexes, to complete the programme:

1) the rules for the eligibility of expenditure, determined in relation to the time limits of their submission, the entity which bears them, and the category of expenditure related to the implementation of the project;

2) the principle of selecting projects in the framework of activities, taking into account the scale and sustainability of the social, economic and spatial benefits and the efficiency of the use of funds.

4. The competent ministers and the authorities of the voivodships shall submit the completion of the programmes for approval by the competent monitoring committee of the programme referred to in Article 4. 42.

5. The completion of the programme shall be adopted by a regulation of the competent minister or by a resolution of the administrative board of the voivodship.

(6) On the basis of the completion of the programme, projects shall be selected and shall conclude contracts for the financing of projects with beneficiaries by the managing authority, the implementing body or acting on behalf of the managing authority of the institution. intermediary, subject to paragraph 1. 7.

7. Where the managing authority or the intermediate body is the beneficiary, the basis for the financing of the project shall be the decision taken by the competent minister, as appropriate, if it is the managing authority, or an intermediary institution, or by a charitable institution, if it acts as an intermediary.

Chapter 3

Bodies and institutions responsible for the preparation and implementation of the Plan

Article 12. [ Managing Authority For Community Support Bases] The Managing Authority Of The Community Support Bases:

1) prepares the Plan;

2. shall coordinate the preparation of the programmes and strategies for the use of the Cohesion Fund referred to in Article 3 (2). 8 ust. 1, and ensure that they are consistent with the Plan;

3) supervise the implementation of the Plan;

4) coordinate the implementation of the programmes referred to in art. 8 ust. 1 points 1 to 3;

5. Manages Community Support bases;

6. manages the Cohesion Fund's strategy of use;

7) make proposals for changes to the Plan arising from the course of its implementation;

8. shall ensure compliance with the Plan of change in the programmes and the strategy for the use of the Cohesion Fund.

Article 13. [ Development of the plan by the Institute for the Management of the Community Support bases] 1. The Managing Authority of the Community Support bases shall draw up the plan in agreement with the relevant ministers and other government bodies.

2. The plan shall be given an opinion by the Commission of the Joint Government and Local Government and the Boards of Governments.

3. The plan shall be consulted with local government units and the social and economic partners.

4. The President of the Council of Ministers shall determine, by means of a regulation, the procedure and terms:

(1) the consultations referred to in paragraph 1. 3,

2) the cooperation referred to in art. 14 para. 3,

3. the cooperation and consultation of the programmes and the strategy for the use of the Cohesion Fund referred to in Article 3. 18 (1) 2 and 3

-guided by the principle of partnership.

Article 14. [ Submission Of The Plan To The Council Of Ministers] 1. The Managing Authority of the Community Support Rules shall submit the Plan, together with the opinions referred to in Article 3. 13 (1) 2, and information on the course and results of the consultations referred to in Article 3. 13 (1) 3, to be adopted by the Council of Ministers by way of a resolution, by 31 March of the year preceding the first year of the Plan.

2. Adopted by the Council of Ministers The plan is the basis for the beginning, by the Institute for the Management of Community Support, negotiations with the European Commission on the Community Support Substitute and the beginning of negotiations with the self-government of voivodships in on the conclusion of the voivodship contracts referred to in art. 32 par. 1.

3. The managing authority of the Community support bases, conducting the negotiations and negotiations referred to in paragraph 3. 2, co-operates with the competent ministers and the administration of voivodships.

4. The Council of Ministers shall adopt the Plan by way of regulation, after the conclusion of negotiations with the European Commission and the completion of negotiations with the self-government of voivodships on the conclusion of the voivodship contracts referred to in art. 32 par. 1, having regard to their findings.

Article 15. (repealed).

Article 16. (repealed).

Article 17. [ submission of draft programmes of the European Commission] 1. By the deadline of 30 June of the year preceding the first year of the Plan, for the adoption by the Council of Ministers by way of resolution:

(1) the competent ministers, after consulting the Institute for the Management of Community Support, shall submit the draft programmes referred to in Article 4 (1). 8 ust. 1 points 1 and 3, together with the report on the consultations held, referred to in Article 3 (1) and (3) of the 18 (1) 2;

2. The Managing Authority of the Community Support Projects shall submit the draft programmes referred to in Article 3. 8 ust. Article 1 (2), as notified to it by the Provinces of voivodships, shall be accompanied by a report of the consultations referred to in Article 1 (2). 18 (1) 2;

3. The Managing Authority of the Community Support bases shall submit a draft strategy for the use of the Cohesion Fund together with a report on the consultations held, as referred to in Article 4. 18 (1) 3.

(2) The competent minister shall negotiate with the European Commission on the programmes referred to in Article 4. 8 ust. On the basis of Article 1 (1), points 1 and 3, co-financed by Community public funds, shall be informed of the progress of the negotiations and of their findings with the Institute for the Management of Community Support, the competent authorities of the governmental administration and the competent authorities of the voivodships.

(3) The managing authority of the Community support bases shall negotiate with the European Commission on the programmes referred to in Article 3 of the Treaty on the Functioning of the European Union. 8 ust. Article 1 (2), co-financed by public Community measures, and the strategy for the use of the Cohesion Fund, reporting on the progress of the negotiations and their arrangements to the competent ministers, the competent authorities of the government and the competent authorities of the management board Voivodships

4. The authorities of the governmental administration and the management boards of the voivodships, on the basis of information on the progress of the negotiations referred to in the paragraph. 2 and 3, they may submit at any time the conclusions and opinions of the Institute for the Management of Community Support or the relevant ministries.

(5) The competent minister, in agreement with the Institute for the Management of Community Support, shall adopt, by means of a regulation, the programmes referred to in Article 3 (1) of the Financial Regulation. 8 ust. 1 points 1-3, co-finalized from public Community measures, with a view to negotiating with the European Commission.

(6) The Managing Authority of Community Support, in agreement with the relevant ministers on the basis of the type of activity covered by the strategy, shall adopt, by means of a regulation, a strategy for the use of the Cohesion Fund with a view to establishing the negotiations with the European Commission.

Article 18. [ Responsibility of the relevant managing authorities] 1. For the preparation and implementation of programmes or for the preparation and supervision of the implementation of the strategy for the use of the Cohesion Fund, and in particular for issuing guidelines for the implementation of the programmes and strategies for the use of the Cohesion Fund, which are referred to in art. 8 ust. 1, addressed to the entities participating in the implementation of the programme concerned, shall be responsible for the relevant managing authorities.

2. The managing authority shall cooperate in the development of the programmes referred to in Article 2. 8 ust. 1 points 1 to 3, with the competent authorities of government and local government units, and consult the social and economic partners in accordance with the procedure laid down in art. 13 (1) 4.

3. The managing authority, in consultation with the intermediary bodies, shall draw up a strategy for the use of the Cohesion Fund, cooperating with the competent authorities of the governmental administration and local government units and consulting it with social and economic partners in accordance with the procedure laid down in Article 13 (1) 4.

Art. 18a. [ Coordination of the implementation of the Structural Funds in the Republic of Poland] The Managing Authority of the Community Support bases shall coordinate the implementation of the Structural Funds in the Republic of Poland, in particular:

1) issue guidelines on the functioning of the system of implementation of structural funds in the area of management of operational programmes, reporting, eligibility of expenditure, monitoring of the implementation of funds, addressed to the institution participating in the implementation of the Plan, in order to preserve the uniformity of the Plan's implementation rules;

2) issue, in consultation with the payment institution, the guidelines for the functioning of financial control and the organisation of financial flows;

3) organise the work of the Monitoring Committee referred to in art. 39 (1) 1;

4. draw up reports on the progress of the implementation of the Structural Funds for the European Commission and the competent authorities and institutions;

5) negotiates with the European Commission possible changes to the Community Support Substitute;

6. coordinate information and promotion policies in the area of the Structural Funds and the strategy for the use of the Cohesion Fund;

7) organise and coordinate the evaluation process of the Community Support Substitute.

Article 19. [ Transmission of competence to intermediate bodies] 1. The managing authority may delegate, by agreement, the management, monitoring and control of individual operational priorities, activities or projects to intermediate bodies.

2. The agreement referred to in paragraph 2. 1, specifies the detailed scope of the delegated powers of intermediary in the management, monitoring and control, and the rights and obligations of the parties in this respect.

3. The agreement may provide for the possibility of transferring management elements to other institutions set out in the Plan.

4. In the case of transfer by the managing authority of the powers referred to in paragraph. 1, the managing authority shall be fully responsible for the efficiency and regularity of the management of the programme.

Article 20. [ Rights and obligations of the beneficiary] The rights and obligations of the beneficiary relating to the implementation of the project, in the area of management, monitoring, reporting and control, shall be determined by the project grant agreement or the decision referred to in Article 4. 11 (1) 7.

Article 21. [ Implementation of actions under programmes] 1. Activities covered by the programmes referred to in Art. 8 ust. Article 1 (1) and (3) may be implemented by implementing bodies set up for individual actions.

2. Activities covered by the programmes referred to in Article 8 ust. 1 point 2, may be carried out by implementing bodies established for individual activities by the Board of Governors, after obtaining the consent of the minister competent for regional development.

(3) Projects co-financed by Cohesion Fund resources shall be carried out by the beneficiaries of the Cohesion Fund.

4. The implementing bodies referred to in paragraph 1. 1, a competent managing authority shall, in agreement with the Institute for the Management of Community Support, be established if the programme so provides.

(5) The contract concluded with the managing authority of the programme or the intermediate body shall lay down the detailed tasks of the implementing bodies referred to in paragraph 1. 1 and 2, the principles and conditions for the implementation of the actions and the powers and obligations of the parties in this respect.

Article 22. [ Selection of implementing bodies] 1. The managing authority or the management board of the voivodship may choose the implementing bodies which are not entities of the public finance sector within the meaning of the regulations the Act of 30 June 2005. on public finances .

2. The selection of the institutions referred to in paragraph. 1, the provisions of the Act of 29 January 2004 apply. -Public procurement law (Dz. U. of 2013 r. items 907, with late. zm.).

Article 23. (repealed).

Art. 23a. [ Tasks related to regional operational programme] For the tasks of the calls for the implementation of the regional operational programme referred to in art. 8 ust. 1 point 2, the following shall be:

1) control of the implementation of projects, including the sustainability of projects, their results and impacts;

2) preparing the reports on the implementation of the projects and the operational programme in the voivodship and applications for payment, including the final report on the implementation of the operational programme in the voivodship and applications for final payment;

(3) recovery from beneficiaries of incorrectly used or withdrawn funding;

4) supervision of the beneficiaries ' compliance with the rules on information and publicity;

5) archiving of documents related to the implementation of the operational programme, including the storage of the security contributions paid by the beneficiaries, for the period required under the grant agreement;

6. preparing and making available information, related to the operational programme, to entities entitled to carry out control and evaluation activities.

Chapter 4

Financing the implementation of the Plan

Article 24. [ Financing of the implementation of the Plan] 1. The implementation of the Plan shall be financed in particular from:

1. public national measures;

(2) public Community measures;

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

4. private funds.

2. Expenditure financed under the Plan shall, in order to ensure its smooth monitoring, reporting, control and evaluation, be identified in accordance with the categories of intervention applicable to public Community measures.

Article 25. [ The inclusion of the plan in the drafting of the draft state budget] 1. The plan shall be taken into account in the development of the draft state budget in the subsequent years of the Plan.

2. The limits of expenditure in the first year and subsequent years of the Plan shall be included in the list annexed to the Budget Act.

3. The limits referred to in paragraph. 2, refer to the individual operational programmes referred to in Article 2. 8 ust. 1 points 1 to 3, and the strategy for the use of the Cohesion Fund and, in part, the contribution of the individual funds of the European Union to public funds.

4. Where the expenditure incurred in a given year for the implementation of the programmes referred to in Article 8 ust. 1 points 1 to 3, are lower than the limit set out in the Annex referred to in paragraph 1. 2, the difference between this limit and the expenditure incurred increases the expenditure limit for the following year, as appropriate.

Article 26. [ Funding of projects submitted for implementation] 1. Reying for funding from the measures referred to in art. 24 ust. 1 point 2, projects under the programmes referred to in art. 8 ust. 1 point 1-3, submits an application to the managing authority, the implementing institution or the administrative board of the voivodship, in accordance with the implementation system specified in these programmes.

2. The financing of projects submitted for implementation under the programmes referred to in art. 8 ust. Article 1 (1), (1) and (3) shall be granted by the managing authority, acting on its behalf, or by an intermediary body, where that is the system for the implementation of the programme concerned.

3. The financing of projects submitted for implementation under the programmes referred to in art. 8 ust. In accordance with the system of implementation of the programme concerned, point 2 shall be awarded by the managing authority, the intermediate body or the implementing body.

(4) Applications for financing of projects which have a financial impact on the State budget, in part to which the authorities of the government administration are available, prior to their submission, shall be subject to the approval of those authorities.

5. The conditions for funding referred to in paragraph 1. 1-3, specifies the project grant agreement, concluded with the beneficiaries by the managing authority of the programme, the institution implementing or acting on behalf of the managing authority of the intermediary body, or the decision referred to in art. 11 (1) 7.

(6) The competent management authorities shall select projects in the context of the strategy for the use of the Cohesion Fund in accordance with the objectives and priorities of the Plan, and shall then forward them to the Minister for Regional Development for the purpose of submission. The European Commission.

Article 27. [ Funding of projects from public Community measures] 1. The financing of projects from public Community measures shall consist of the reimbursement set out in the contract for co-financing of the project or of the decision referred to in art. 11 (1) 7, part of the eligible expenditure incurred by the beneficiary or payment of the premium.

2. Programs referred to in art. 8 ust. 1 points 1 to 3, co-financed by public Community measures, specify the starting date for the recovery of the expenditure incurred by the beneficiary.

3. In relation to projects, the contract for co-financing of the project or the decision referred to in art. 11 (1) 7, may specify later than the one specified in the paragraph. 2, the starting date for the reimbursement of expenses incurred by the beneficiary.

Article 28. [ Model of application and contract for funding project implementation] 1. The managing authority shall prepare and publish to the public, in particular on its website, the template of the application for the financing of the project implementation and the design of the agreement for the co-financing of the project, as well as the changes of these designs.

2. In the design of the application, indicate what data the applicant should provide, in particular:

1. the name and address or the name and address of the applicant's registered office;

2) determination of the addressee of the application;

(3) the name of the programme and the action under which the project would be co-financed;

4) the title of the project;

5) description of the project;

6) the total value of the project;

(7) the sum of the total eligible expenditure;

(8) the co-financing rate of the project for which the applicant is requested;

9) schedule of project implementation.

3. In the design of contracts, indicate what data should be included in the contract for funding of the project, in particular:

1. the name and address or the name and address of the beneficiary's seat;

2. the name and address of the institution of the institution containing the contract with the beneficiary;

3) the title of the project;

4) the total value of the project;

5) the sum of the total eligible expenditure;

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

7) schedule of implementation of the project;

(8) the manner in which the accounts between the beneficiary and the institution providing the funds are made.

4. The managing authority announces in the Official Gazette of the Republic of Poland "Monitor Polski" message about:

1) the place of publication of the designs referred to in the paragraph. 1, and their changes;

2) the time limit from which the models referred to in paragraph. 1, or their changes will be applied.

Article 29. [ Contribution of financial resources] 1. The amount of the financial contribution referred to in art. 24 ust. 1 point 1, for the implementation of the projects under the programmes referred to in art. 8 ust. 1 points 1 to 3, co-financed by public Community measures, may be differentiated according to:

1) the scale and severity of the social, economic and spatial problems identified in particular on the basis of the gross domestic product level, the level and structure of unemployment, the level of education and the structure of employment;

2) the impact on the feasibility of implementing the objectives and operational priorities of the Plan, measured by the consistency of the project assumptions with the objectives and operational priorities of the Plan;

3) the possibility of carrying out the project by the beneficiary, determined on the basis of the possibility of contributing their own contribution.

2. The contribution of the financial resources referred to in art. 24 ust. 1, for the implementation of projects in the framework of activities shall specify the completion of the programme referred to in art. 11 (1) 1 and 2.

Article 30. [ Acquisition by the beneficiary of the contribution of own contribution] 1. With regard to projects carried out under the programmes referred to in art. 8 ust. 1, co-financed by public Community measures and projects under the Cohesion Fund strategy, the beneficiary may obtain a contribution from the State budget, if so provided by the programmes, of which Article 8 ust. 1 points 1 to 3, or the Cohesion Fund use strategy, based on the criteria referred to in Article 1 (1) (a) of the Regulation. 4 par. 1 point 7, or this is due to the provisions of the Act of 16 December 2005. on the financing of inland transport infrastructure (Dz. U. Nr 267, poz. 2251, 2007 No. 23, pos. 136 and 2009 No 19, pos. 100), of the Act of 27 October 1994. on toll motorways and on the National Road Fund (Dz. U. 2012 r. items 931, of late. zm.), ustawy z dnia 28 marca 2003 r. o Rail transport (Dz. U. of 2013 r. items 1594, as of late. zm.) or the Act of 18 July 2001. -Water law (Dz. U. 2012 r. items 145, z Late. zm.).

2. Granting of funds from the state budget to supplement the own contribution shall be made in accordance with the rules laid down in the the law of 26 November 1998. on public finances [ 3] .

Article 31. [ Entities providing financial assistance] 1. To the extent to which the financing of projects under the programmes referred to in art. 8 ust. Article 1 (1) (1) (1) (1) (1) (a) of 87 (1) In the Treaty establishing the European Community, specific conditions and modus for the granting of assistance shall apply to this financing.

2. The awarding entities referred to in paragraph 2. 1, shall be the managing authorities, intermediate bodies or implementing bodies.

(3) The competent minister shall determine, by means of a regulation, the specific conditions and modus of the aid referred to in paragraph 1. 1, bearing in mind, in particular, the need to ensure that the aid granted is in compliance with the conditions of its admissibility.

Chapter 5

State Contract

Article 32. [ Provincial Contract] 1. The contract of the voivodship, hereinafter referred to as the "contract", shall determine the scope and the mode and conditions for carrying out the activities resulting from the programmes referred to in art. 8 ust. 1 point 2.

2. In the scope of the unregulated in the provisions of this Chapter to the contract shall apply the provisions of the Civil Code.

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

4. During the negotiations related to the conclusion of the contract and with the amendment of the contract, the Council of Ministers shall be represented by the Minister responsible for regional development, and the self-government of the voivodship by the Marshal of the Voivodeship.

5. The arrangements for the contract and its amendments shall be carried out taking account of the limits referred to in Article 3. 4 par. 1 point 6, as provided for in the Plan approved by the Council of Ministers and the programmes referred to in art. 8 ust. 1 point 2.

6. The contract shall be signed by the Minister responsible for regional development and the Marshal of the voivodship, after obtaining prior consent for this act respectively of the Council of Ministers and the Sejm of the voivodship.

Article 33. [ Contract bargaining costs] The costs of contract negotiations shall be jointly and severally liable for the negotiations, unless otherwise provided for by the contract.

Article 34. [ Contract Scope] 1. The contract shall specify:

1) the activities covered by the contract;

2) the rights and obligations of the parties;

3) the mode and timing of the implementation of the activities, as well as the rules of supervision over their execution;

4) the total expenditure for the implementation of the activities covered by the contract by the programmes referred to in Article 3 (2) of the Treaty on the European Union 8 ust. 1 point 2, actions, years and sources of funding;

5) the manner and timing of the financial settlements;

6) scope and mode of reporting, including the scope of the reports referred to in art. 49 (1) 1;

7) rules of assessment and means of control of the performance of operations, including financial control;

(8) the proceedings in the event of irregularities in the execution or financing of operations;

9) the rules and mode of dispute resolution and the satisfaction of the claims of the parties to the contract, including financial claims.

2. The contract shall be accompanied by information on the participation of the voivodship in the operational programmes referred to in art. 8 ust. 1 point 3, co-financed by public Community measures.

3. The contract shall be for a period in accordance with the period of validity of the Plan.

4. The Minister responsible for regional development will determine, by means of the regulation, the model of the voivodship contract and the model of the application of the provincial board of directors referred to in art. 35 par. 1, bearing in mind the need for effective implementation of the contract.

Article 35. [ Application for measures for the implementation of the regional operational programme] 1. The Management Board of the voivodship presents the Minister of the competent regional development application for the granting of funds for the implementation of the regional operational programme referred to in art. 8 ust. 1 point 2.

2. The request of the Voivodeship Board of Directors shall be attached:

1. the operational programmes referred to in Article 3. 8 ust. 1 point 2;

2. information on the envisaged expenditure for the programmes referred to in Article 8 ust. 1 point 3;

(3) information on planned expenditure for the implementation of multi-annual investments within the meaning of the provisions the Act of 26 November 1998. on public finances , on the territory of the voivodship during the period of the Plan;

4) the development strategy of the voivodship and the corresponding provincial programmes, referred to in the Act of 5 June 1998. o self-government of the voivodship (Dz. U. of 2013 r. items 596, with late. zm.);

5) the assessment referred to in art. 59 (1) 3.

3. The application referred to in paragraph 1. 1, the Board of Governors shall submit after approval of the Plan by the Council of Ministers.

4. Upon receipt of the application referred to in paragraph. 1, the minister responsible for regional development shall immediately notify the Marshal of the voivodship about the possibility of opening negotiations aimed at the conclusion of the contract, specifying the date and place of the first meeting of the parties and submits a draft of the Rules of Procedure negotiations.

Article 36. [ Change and termination of contract] 1. The contract may be amended:

1) on the basis of a matching statement of parties;

2) to the call of one of the parties.

2. The subtracting of negotiations on the amendment of the contract shall take place no later than 30 days from the date of receipt of the notice referred to in paragraph. 1 point 2. The prognates shall be completed within 30 days from the date of their taking effect.

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

4. The contract can be resolved:

1) on the basis of a matching statement of parties;

2) at the end of the period of notice made by one of the parties referred to in paragraph 1. 7;

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

5. The Council of Ministers may terminate the contract by means of a resolution of its terms and conditions, taken at the request of the Minister responsible for regional development.

6. The self-government of the voivodship may terminate the contract, by way of a resolution pronouncing its terms, taken by the state's seismist at the request of the voivodship's board.

7. If the parties do not agree otherwise, the period of notice of the contract shall be one month, starting from the following day:

1) the adoption by the Council of Ministers of the resolution referred to in the paragraph. 5;

2) the decision of the Sejmik of the state of the resolution referred to in the paragraph. 6.

8. In the case of termination of the contract in the mode provided in paragraph. 5 or para. 6, the obligations of the parties to the contract to the beneficiaries implementing the projects in accordance with the provisions of the contract shall be considered to be the amount specified in the contracts for the financing of the projects or decisions referred to in art. 11 (1) 7.

Chapter 6

Specific mode of funding for regional development tasks

Article 37. [ Financing of activities not included in the contract] Regional development activities, which are not included in the contract, may be financed from the targeted subsidies from the State budget only in the case of implementation:

1) intervention programmes created and implemented in the event of natural disasters, emergencies, in particular on the labour market and the economy;

2) pilot programmes to test new solutions and instruments for regional development;

3) advisory and information programmes.

Chapter 7

Monitoring the implementation of the Plan

Article 38. [ Monitoring of the course and implementation of the Plan] 1. The treatment, the manner and effects of the implementation of the Plan shall be monitored.

2. The Management Board shall be responsible for monitoring the conduct, manner and effects of the plan of the Plan.

Article 39. [ Plan Monitoring Committee] 1. The President of the Council of Ministers, at the request of the Institute for the Management of Community Support, shall appoint, by way of ordinance, the Monitoring Committee.

2. The Managing Authority shall be chaired by or chaired by the Monitoring Committee of the Community Support Committee.

3. The Monitoring Committee:

1) express the opinions and conclusions regarding the adjustments and changes in the directions and ways of the implementation of the Plan;

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

3. monitor the mileage and assess the effectiveness and efficiency of the implementation of the Plan;

4. reports to the Managing Director of the Community Support Community Support proposals for changes to the individual operational programmes, which will facilitate the achievement of the objectives of the Plan or improve the management of assistance, including financial management;

5) give an opinion on the proposals made by the Institute for Community Support for transfers of appropriations between programmes and priorities within the framework of the Plan;

6) deals with other matters reported by the Chairman or members of the Plan Monitoring Committee.

4. The Monitoring Committee shall consist of:

1) from the government side-one representative:

(a) managing authorities,

(b) the competent ministers on account of the type of activities covered by the Plan, which do not function as programme management bodies,

(c) the payment institution,

(d) minister competent for the membership of the Republic of Poland in the European Union,

(e) the President of the Central Statistical Office,

(f) (repealed);

2) from the local government:

(a) Marshals of voivodships or their representatives,

(b) representatives of the nationwide organizations of local government units referred to in art. 5 of the Act of 6 May 2005. on the Commission of the Joint Government and Local Government and the Representations of the Republic of Poland in the Committee of the Regions of the European Union (Dz. U. No 90, pos. 759), hereinafter referred to as "nation-wide organisations";

3. representatives of the social and economic partners:

a) [ 4] trade union organizations and employers ' organizations, representative within the meaning of the Act of 24 July 2015. about the Social Dialogue Council and other institutions of social dialogue (Dz. U. Entry 1240),

(b) non-governmental organisations-designated by the Council for the activity of a public benefit,

(c) the scientific community-designated by the Main Council of Science and Higher Education.

5. The appointing authority of the Monitoring Committee shall ensure that the representatives of:

1) self-government-they were 1/3 of the composition;

2) social and economic partners-they were 1/3 of the composition.

6. In the meetings of the Monitoring Committee, the Plan may be attended by observers:

1) the voyees or their representatives;

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

(3) a representative of the National Council of the Regional Chambers of Auditors;

4) a treasury audit representative;

5) a representative of the Union of Polish Banks;

6) a representative of the European Commission;

(7) a representative of the European Investment Bank.

(7) If the scope of such cases requires, in the deliberations of the Monitoring Committee, the written invitation of the Chairperson may participate, without the right to vote, experts and representatives of other institutions or groups of society and professional bodies.

8. The Monitoring Committee shall be appointed for the period of implementation of the Plan.

9. Meetings of the Monitoring Committee shall be convened by the Chairperson at least once every six months.

(10) The working mode of the Monitoring Committee shall set out the rules of procedure of which the President of the Monitoring Committee, adopted by a simple majority at its first meeting by the Monitoring Committee, shall be drawn up by a draft monitoring committee.

11. The Managing Authority of the Community Support bases shall provide administrative support for the work of the Monitoring Committee.

Article 40. [ Appointment of Monitoring Subcommittees] 1. The Monitoring Committee shall act as monitoring subcommittees as set out in the Plan.

2. The scope of the work, the composition and the working mode of the monitoring committees shall be determined by a resolution, by a resolution, of the Plan Monitoring Committee.

Article 41. [ Responsibility for monitoring the implementation of programmes] 1. For the monitoring of the course and implementation of programmes and projects under the Cohesion Fund strategy referred to in Article 1, 8 ust. 1, shall correspond to the managing authorities.

2. Monitoring the implementation of the programmes referred to in art. 8 ust. 1 (1) to (3) shall take place using the factual and financial indicators specified in those programmes or their additions, taking into account the data published by the President of the Central Statistical Office.

3. The indicators referred to in paragraph. 2, they relate to objectives, priorities and actions.

Article 42. [ Appointment of the monitoring committee of the programme] 1. The competent minister acting as the managing authority shall appoint, by way of order, the monitoring committee of the programme referred to in Article 3. 8 ust. 1 (1) and (3).

2. The committee referred to in paragraph 2. 1, they shall enter:

1) from the government-representatives of:

(a) the Institute for the Management of Community Support,

(b) the programme managing the programme,

(c) the competent ministers on account of the nature of the activities covered by the programme which do not function as a managing authority or an intermediate body,

(d) the intermediate body, if it has been designated,

(e) the payment institution;

2) by the local government representatives:

(a) the Marshal Convention,

(b) nationwide organisations;

3. representatives of the social and economic partners:

a) [ 5] trade union organizations and employers ' organizations, representative within the meaning of the Act of 24 July 2015. on the Social Dialogue Council and other institutions of social dialogue,

(b) non-governmental organisations-designated by the Council for the activity of a public benefit,

(c) the scientific community-designated by the Main Council of Science and Higher Education.

3. In the meetings of the Committee referred to in paragraph 3. 1, may participate as observers:

1) the voyees or their representatives;

2. representatives of implementing bodies;

(3) representatives of the beneficiaries;

4. the representatives of the entities referred to in art. 39 (1) 6 paragraphs 2 and 4 to 7.

4. The monitoring committee of the programme referred to in art. 8 ust. 1 (1) and (3), financed by national public funds:

1) consider and approve the criteria for the selection of projects within each activity;

2) consider and approve the programme's complement and the proposals for its amendments;

3) periodically examine the progress made in achieving the specific objectives set out in the programme and the programme's completion;

4) examine the results of the implementation of the programme, including the achievement of the objectives of the programme appointed for individual actions;

5. it shall consider and approve the programme of the interim, annual and final reports prepared by the managing authority of the programme, as referred to in Article 3. 46 (1) 1;

6) consider and approve the amendments to the programme;

7) submit to the managing authority a programme of proposals for changes to the programme;

8) consider and approve the plan of promotion activities within the programme and propose changes to it.

5. The Minister responsible for regional development shall establish, by way of ordinance, the monitoring committee of the programme referred to in Article 4. 8 ust. 1 point 2, co-financed from the Community public funds.

6. The Committee referred to in paragraph 1 shall be composed of the following: 5, representatives shall be:

1. The Institute Governing The Community Support Base;

2. the managing authority of the programme;

(3) the payment institution;

4) Ministers competent for the type of activities covered by the programme which do not fulfil the functions of the managing authority of the programme;

(5) 16 wojectures;

6) 16 Marshals of voivodships;

7) nationwide organisations of social and economic partners;

8) nationwide organizations.

7. In the meeting of the committee referred to in paragraph. 5, may participate, as observers, representatives of:

1) The President Of The Supreme Chamber Of Control;

2. treasury control bodies;

(3) the European Investment Bank;

4) the European Commission.

(8) The committee referred to in paragraph 1 shall be subject to the 5, carries out the tasks referred to in art. 35 par. 3 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds.

(9) The appointing authority of the monitoring committee should ensure that the representatives of:

1) self-government-they were 1/3 of the composition;

2) social and economic partners-they were 1/3 of the composition.

10. The competent minister or his representative shall be chaired by the monitoring committee of the programme.

11. The President shall convene meetings of the monitoring committee not less than once every six months.

(12) The programme of the monitoring committee shall apply the provision of the Article. 39 (1) 7.

(13) The monitoring committee shall, as appropriate, create subcommittees and working groups.

(14) The work mode of the monitoring committee, taking into account the procedures for the establishment of subcommittees and working groups, shall lay down the rules of procedure to which the competent minister prepares. The Rules of Procedure shall be adopted by a simple majority by the Committee monitoring the programme.

(15) The competent minister shall provide administrative support to the programme monitoring committee.

Article 43. (repealed).

Article 44. [ Monitoring Committee for the Use of the Cohesion Fund] 1. The Minister responsible for regional development shall appoint, by way of order, the Monitoring Committee for the strategy for the use of the Cohesion Fund, specifying its composition, its specific tasks and the mode of operation.

2. The Managing Authority of the Community Support bases or its representative shall chair the work of the Monitoring Committee for the use of the Cohesion Fund.

3. The Monitoring Committee for the use of the Cohesion Fund strategy shall be composed of one representative:

1. an institution managing the strategy for the use of the Cohesion Fund;

(2) the payment institution;

(3) the competent ministers on account of the nature of the activities covered by the Cohesion Fund's strategy for use;

4) the European Commission.

4. If the scope of such cases requires, in the deliberations of the Monitoring Committee, the strategy for the use of the Cohesion Fund, the experts, the representatives of the beneficiaries and other institutions, of the groups, may participate, at the invitation of the President social and professional.

5. The Minister responsible for regional development shall provide administrative support to the Monitoring Committee for the use of the Cohesion Fund.

Article 45. [ Monitoring Committee for Voivodship Contract] 1. Wojewoda, in order to ensure efficient and effective implementation of contracts, he appoints, by means of ordinance, a committee to monitor the contract of the voivodship.

2. The Wojewoda shall be chaired by the Monitoring Committee for the contract of the voivodship. The deputy chairman shall be the Marshal of the voivodship.

3. The Committee monitoring the contract of the voivodship:

1) monitor the mileage and assess the effectiveness and effectiveness of the contract implementation and the implementation of its programmes, activities and projects;

2) on the basis of information from the Managing Authority, the Plan evaluates and formulates opinions and conclusions aimed at ensuring the consistency of activities and projects carried out under the contract with the activities and projects implemented in the voivodship in the the framework of operational programmes referred to in Article 8 ust. 1 (1) and (3), as well as by the competent ministers on the basis of separate provisions;

3) assess and express opinions and conclusions regarding the taking of actions in the promotion and dissemination of contract information;

4) consider and approve the reports referred to in art. 46 (1) 1, prior to their submission to the Minister responsible for regional development.

4. The Monitoring Committee shall be composed of representatives of:

1) the minister responsible for regional development;

(2) the contracting authorities of the programmes covered by the contract;

(3) the competent ministers on account of the nature of the activities covered by the programme, which do not function as a programme managing the programme;

4. implementing bodies under the programmes covered by the contract;

5) wojewaters;

6) Board of the Voivodeship;

7) interested in interacting in the effective implementation of the contract, located in the area of the voivodship:

(a) local government units representing municipalities, powiats and cities being the seat of the voivodship authorities,

(b) social and economic partners, including non-governmental organisations.

5. The representatives of the Regional Chamber of Auditors and the Delegations of the Supreme Chamber of Control may participate in the work of the Monitoring Committee of the voivodship's contract as observers, without the right to vote.

6. The appointing authority of the monitoring committee of the voivodship shall ensure that the representatives of:

1) the units of local government referred to in paragraph. 4 point 7 lit. a-1/3 of the composition;

2) social and economic partners-they were 1/3 of the composition.

7. The provisions of the Rules shall apply to the meetings of the Monitoring Committee of the voivodship. 39 (1) 7 and 8 and Art. 42 par. 9.

8. The Chairman of the Monitoring Committee's contract of the voivodship shall convene its meeting no less than once every six months.

9. The working mode of the monitoring committee of the voivodship contract, taking into account the mode of establishment of subcommittees and working groups, sets out the rules of procedure prepared by the voivodship and adopted by a simple majority of votes at the first meeting of monitor the state contract.

10. Wojewoda provides administrative support for the committee monitoring the voivodship contract.

Chapter 8

Reporting

Article 46. [ Reports on implementation of programmes] 1. Within the framework of the implementation of the programmes referred to in art. 8 ust. 1 points 1 to 3, and the following reports shall be drawn up:

1. periodic;

2) annual;

3) final.

2. Within the framework of the implementation of the Plan, the reports referred to in paragraph 1 shall be drawn up. 1 points 2 and 3.

Article 47. [ Reporting agents] 1. The reports referred to in art. 46 (1) 1, draws up:

1) the minister responsible for regional development, in relation to the Plan;

2) wojewoda-with regard to the contract;

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

(4) the intermediate body, in relation to priority or action;

5. the implementing body, in relation to the operation;

(6) the beneficiary, in relation to the project, where this is the system of implementation of the action concerned.

2. The Minister responsible for regional development shall determine, by means of a regulation:

1) the mode, deadlines and scope of reporting on the implementation of the Plan in relation to the projects, activities and programmes referred to in art. 8 ust. 1 points 1 to 3,

2) the mode and scope of the settlements in relation to the projects, activities and programmes referred to in art. 8 ust. 1 points 1-3

-having regard to the efficient and effective use of the means for the implementation of the Plan.

3. The report referred to in paragraph 1. In particular, point 6 shall include, in particular:

1) the title of the project;

2) the name of the beneficiary;

3) determination of the period to which the report relates.

(3a) The managing authority shall draw up and make public, in particular on its website, the model reports for the beneficiaries and the amendments thereto, for the cases referred to in paragraph 1. 1 point 6.

3b. The managing authority announces in the Official Journal of the Republic of Poland "Monitor Polski" the message about:

1) the place of publication of the designs referred to in the paragraph. 3a, and their changes;

2) the time limit from which the models referred to in paragraph. 3a, or their changes will be applied.

Article 48. [ Annual Report on the implementation of the contract] Wojewoda prepares and submits to the Minister responsible for regional development, by 15 March of the year following the year of implementation of the Plan, the annual report on the implementation of the contract, drawn up on the basis of periodic reports from the the implementation of the contract, not more than once every 3 months, and, after the end of the period of expenditure of the appropriations specified in the Finance Act and covered by the contract, the final report on the implementation of the contract.

Article 49. [ Drawing up the annual report] 1. The managing authority of the Community Support bases shall annually, by 30 June of the year following the year of implementation of the Plan, on the basis of the annual reports received from the managing authorities on the implementation of the programmes, of which Article 8 ust. 1 (1) and (3), and the annual reports on the implementation of contracts, shall draw up an annual report covering:

1) analysis of the implementation of the Plan;

2) analysis of the implementation of contracts;

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

2. The managing authority of the Community support shall submit without delay the report referred to in paragraph 1. 1, the Monitoring Committee for the Plan.

(3) The managing authority of the Community support bases shall be drawn up by 30 June of the year following the end of the implementation of the Plan, on the basis of the final reports on the implementation of the programmes referred to in Article 3 (2) of the Financial Regulation. 8 ust. 1 points 1 and 3, and the contracts, final report on the implementation of the Plan and submit it to the Council of Ministers. The Council of Ministers shall adopt the final report on the implementation of the Plan by way of a resolution.

4. The Minister responsible for regional development shall present annually to the Sejm the report referred to in paragraph 1. 1, within a month from the date of adoption of this report by the Council of Ministers, and after the completion of the implementation of the Plan-the report referred to in paragraph. 3.

Chapter 9

Control of the implementation of projects and programmes co-financed by the Structural Funds and the Cohesion Fund

Article 50. [ Control of programmes and projects co-financed by the Structural Funds] The audit of programmes and projects co-financed by the Structural Funds or the Cohesion Fund shall be carried out by the institutions referred to in Article 4. 2 points (2) and (4) to (5).

Article 51. [ Audit scope] The control of programmes and projects co-financed by Community public funds shall comprise:

1) check the delivery of the co-financed goods and services, the veracity and eligibility of incurred expenditure in the projects and their compliance with the laws and horizontal policies of the European Union;

2. verifying compliance with the procedures and efficiency of the implementation of the implementation system in all the elements of the operational programmes and of the Cohesion Fund's strategy.

Article 52. [ Audit of projects co-financed by the EU] 1. The managing authority shall carry out a check in the scope referred to in art. Article 51 (1), in relation to projects implemented under the operational programme or the strategy for the use of the Cohesion Fund.

2. The audit referred to in art. Article 51 (1) is to examine the evidence attesting to the expenditure incurred in the project, documenting the contents of the applications for payment or the verification of the expenditure incurred, the progress and the results of the implementation of the project on the ground of its implementation.

3. The audit referred to in art. Article 51 (1) may be carried out on an attempt to prove the expenditure incurred or the sample of projects.

4. The managing authority may entrust the carrying out of the checks to the extent referred to in Article 4. Point 1, point 1, to intermediate bodies or to implementing bodies.

Article 53. [ Control of operational programmes with the use of the Cohesion Fund] 1. The managing authority shall carry out a check in the scope referred to in art. 51 point 2, in the institutions referred to in art. 2 points 3 and 4.

2. The managing authority may entrust the intermediary body with an audit of the extent referred to in Article 3. 51 point 2, of the implementing institution.

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

2. The managing authority shall submit a draft control plan to the acceptance of the Committee referred to in Article 3. No 56b, until 15 November of the year preceding the year for which the control plan is drawn up.

Article 55. [ Sampling] 1. The competent institution for the conduct of the sampling exercise shall carry out a sample check referred to in Article 3. 10 Commission Regulation (EC) No 438/2001 of 2 March 2001 (OJ L 29, 10.3.2001, p. laying down detailed rules for the implementation of Council Regulation (EC) No 1260/1999 as regards the management and control systems for assistance granted under the Structural Funds (Dz. Urz. EC L 063 of 03.03.2001, L 351, 28.12.2002; Dz. Urz. EU Polish Special Edition, rozdz. 14, t. 1, str. 132 and 187) and in Article 187. (Article 9 of Commission Regulation (EC) No 1386/2002 of 29 July 2002 laying down detailed rules for the implementation of Council Regulation (EC) No 1164/94 as regards the management and control systems for the assistance granted from the Cohesion Fund and the procedure for making financial corrections (Dz. Urz. EC L 201 of 31.07.2002).

2. The check referred to in paragraph 2. 1, in particular, shall serve to verify the results of the checks referred to in Article 3. 52 and 53.

3. The check referred to in paragraph 1. 1, covers at least 5% of the expenditure effected in each operational programme and 15% of the expenditure under the Cohesion Fund during the period of implementation of the programme.

4. The check referred to in paragraph 1. 1, shall be carried out on the basis of an annual control plan, prepared by the competent institution for the purpose of sampling.

(5) The competent institution shall, without delay, inform the paying authority of the results of the checks carried out by the competent authority.

Art. 55a. [ Execution of control of programmes and projects taking into account other checks] In order to comply with the requirement referred to in Article 9 ust. Article 2 (2) of Commission Regulation (EC) No 438/2001 of 2 March 2001 laying down detailed rules for the implementation of Council Regulation (EC) No 1260/1999 as regards the management and control systems for assistance granted under the Structural Funds and in Article 4 of Council Regulation (EC) No 1260/1999 8 ust. 2 of Commission Regulation (EC) No 1386/2002 of 29 July 2002 laying down detailed rules for the implementation of Council Regulation (EC) No 1164/94 as regards the management and control systems for the assistance granted from the Cohesion Fund and the procedure for making financial corrections, the payment institution shall exercise control, Article 2 50, taking into account the results of the checks carried out by the managing authority and the competent institution competent for the exercise of the sampling exercise referred to in Article 4 (2) of the Regulation. 52, 53 and 55. 1.

Article 56. [ Delegations] The Minister responsible for regional development shall determine, by means of a regulation, the mode of carrying out of the checks referred to in Article 4. 52 and 53, bearing in mind the need to ensure the proper disbursement of resources from the Structural Funds and the Cohesion Fund.

Article 56a. [ Carrying out additional checks or audits] The managing authority for Community support, the payment institution and the institution responsible for issuing the declaration of closure of the aid referred to in Article Article 15 of Commission Regulation (EC) No 438/2001 of 2 March 2001 (OJ L 29, 4.3.2001, p laying down detailed rules for the implementation of Council Regulation (EC) No 1260/1999 as regards the management and control systems for assistance provided under the Structural Funds and the declaration of closure of the projects referred to in Article 4 (2) of the Treaty on the European Union Article 13 of Commission Regulation (EC) No 1386/2002 of 29 July 2002 laying down detailed rules for the implementation of Council Regulation (EC) No 1164/94 as regards the management and control systems for the assistance granted from the Cohesion Fund and the procedure for making financial corrections, may apply to the institution responsible for the implementation of the sampling cases, or to the managing authority of the programme, or to external entities, to carry out additional checks or audits of the implementation system, in a situation where:

1) there will be reasonable doubt as to the efficiency, effectiveness or regularity of the implementation of the Structural Funds or the Cohesion Fund's strategy for the use of the Cohesion Fund;

2. the results of the checks referred to in this Chapter shall be deemed to be insufficient to issue a declaration of closure of the aid.

Article 56b. [ Tasks of the Committee for the Control and Audit of Structural Funds and Cohesion Fund] 1. Coordination of control activities in the framework of the Community Support Substitute shall provide the Committee for the Audit and Audit of Structural Funds and the Cohesion Fund.

2. To the tasks of the Committee referred to in paragraph 2. 1, in particular:

1) review and opinion of the annual control plans of the competent authority for sampling and acceptance of the annual control plans of the managing authorities;

2. coordination of the checks carried out in the area of the Structural Funds and the Cohesion Fund by the institutions referred to in the Act, and other State control bodies;

3) assessment of the effectiveness of inspections carried out under the Act;

4) to give an opinion on the reports and reports on the results of the audits in the area of the Structural Funds and the Cohesion Fund that are transferred to the

3. The Committee referred to in paragraph 3 shall be composed of the following: 1, the representatives shall be:

1. The Institute Governing The Community Support Base;

2. managing authorities;

(3) the competent institution for the purpose of sampling;

4) the institution responsible for issuing the declaration of closure of the aid;

5. the payment institution.

4. In the meetings of the Committee referred to in paragraph 1. 1, they may participate as observers representatives of the President of the Supreme Chamber of Control and the Minister responsible for public finance.

5. The Minister responsible for regional development may appoint the Committee referred to in paragraph 1. 1, representatives of institutions other than those mentioned in the paragraph. 3.

6. The Minister responsible for regional development shall establish the Committee referred to in paragraph 1. 1, by order, specifying the mode of operation of the order.

7. Support for the work of the Committee referred to in paragraph 1. 1, provides the Managing Authority for Community support bases.

Article 56c. [ Reimbursement of the misused part of the financial resources] 1. Where the managing authority, the intermediate body or the implementing body, as a result of the inspection carried out or on the basis of information obtained from another inspection body, finds irregularities in the the use by the beneficiary of the financial resources referred to in Article 24 ust. 1 points 1 to 3, not in accordance with their intended purpose or contract to finance the project or the decision referred to in art. 11 (1) (7) The beneficiary shall immediately reimburses that part of the financial resources which have been misused, together with interest in the amount determined as for the tax arrears, calculated from the date of the transfer of that part of the funds.

2. In the case referred to in paragraph. 1, the managing authority, the intermediate body or the implementing body may withhold further financing of the project.

3. If, as a result of the inspection referred to in paragraph 1, 1, or on the basis of information obtained from another controlling body, the managing authority or the intermediate body shall declare that the project cannot be further implemented, shall cease its financing.

Art. 56d. [ Financial Corrections] The managing authority shall determine and impose the financial corrections referred to in Article 4. Article 39 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down the rules on the application of the laying down general provisions on the Structural Funds (Dz. Urz. EC L 161 of 26.06.1999, L 198 of 21.07.2001 and L 158 of 27.06.2003; Dz. Urz. EU Polish Special Edition, rozdz. 14, t. 1, str. 31).

Chapter 10

Assessing the effectiveness and efficiency of the implementation of the Plan

Article 57. [ Assessment of Plan Performance] 1. The efficiency and effectiveness of the implementation of the Plan, of the programmes referred to in art. 8 ust. 1 points 1 to 3, which are financed by national public funds, and contracts shall be evaluated:

1) estimated-before the start of implementation;

2. (repealed);

3) full-upon completion of implementation.

2. The assessment referred to in paragraph 2. 1, takes into account:

1) the comprehensive impact of the implementation of the Plan, programmes and contracts to raise the level of social, economic and spatial cohesion with the countries and regions of the European Community and the achievement of the objectives defined in the Plan, programmes and contracts;

2) the impact of the impact of the implementation of the Plan, programmes and contracts on the socio-economic situation of the country, voivodships and sectors of economy covered by operational programmes.

3. The Monitoring Committee of the Plan, monitoring committees of the programmes and committees monitoring the provincial contracts may decide to undertake complementary assessments of the Plan, the programmes referred to in art. 8 ust. 1 points 1-3, financed from public national measures, and contracts.

4. The Managing Authority of the Community Support bases, the competent ministers and the local authorities shall make available the results of the assessment of the effectiveness and efficiency of the implementation of the Plan by posting them on a publicly accessible network of information technology.

Article 58. [ Obligations of the plan assessment body] 1. The responsibilities associated with the assessment of the Plan referred to in art. 57 (1) 1, executes the national assessment body, cooperating in this respect with managing authorities, intermediate bodies and the administration of voivodships.

2. The national assessment body shall be distinguished in the Ministry serving the minister responsible for regional development.

Article 59. [ Estimate] 1. Estimate-prior to the start of the implementation of the Plan, of the programmes referred to in art. 8 ust. 1 points (1) to (3), which are financed from public national measures, and contracts shall include an analysis of the strengths and weaknesses of the State, region or sector, including in particular:

1) an assessment of the socio-economic situation, the situation on the national labour market taking into account the professional opportunities of women and men;

2) an assessment of the state of the environment together with the solutions ensuring compliance with the national and Community policies in this regard.

2. The managing authority for Community support in the case of the Plan and the managing authorities of the programmes in the case of the programmes referred to in Article 2. 8 ust. Article 1 (1), which is financed by national public funds, shall ensure that an estimate is carried out before they are implemented.

3. The competent authority of the voivodship shall ensure that an estimate is carried out before the contract is started

Article 60. (repealed).

Article 61. [ Carrying out a full assessment] 1. The Minister for Regional Development in the case of the Plan, and the managing authorities in the case of the programmes referred to in art. 8 ust. 1 points 1 and 3, which are financed by national public funds, shall ensure that a full evaluation is carried out after the completion of their implementation.

2. The Minister competent for regional development in cooperation with the management of the voivodships shall ensure that the full evaluation is carried out after the completion of the contracts with the use of the results of the evaluations referred to in the paragraph. 3 and in Article 59 (1) 1.

3. The full assessment shall include in particular the test:

1) efficiency of the use of funds;

(2) effectiveness in achieving the objectives set;

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

4) the functioning of the implementation system.

4. A full evaluation after the completion of the implementation of the Plan and the programmes referred to in art. 8 ust. 1 (1) and (3), financed by national public funds, and contracts shall be carried out no later than the year following the completion of their implementation.

Chapter 11

Amendments to the provisions in force, transitional and final provisions

Article 62. (bypassed).

Article 63. (bypassed).

Article 64. (bypassed).

Article 65. (bypassed).

Article 66. (bypassed).

Article 67. (bypassed).

Article 68. [ Transfer of powers to regional funding institutions] 1. (repealed).

2. For the programme referred to in art. 8 ust. 1 point 2, by the end of 2004, the Management Board of the voivodship may entrust the performance of the role of implementing institution, for activities addressed to the sector of small and medium-sized enterprises, regional funding institutions chosen by the Polish Development Agency Entrepreneurship in the rules adopted on the basis of art. 6 para. 4 of the Act of 9 November 2000. o Establishment of the Polish Agency for Enterprise Development (Dz. U. 2007 Nr 42, pos. 275, of late. zm.).

3. The transfer of competences referred to in paragraph. 2, shall be followed by an agreement defining the scope of the tasks entrusted and the financing thereof.

4. The Board of Governors shall provide the means for carrying out the tasks entrusted to the regional financing institutions referred to in the paragraph. 2.

5. The regional financing institution referred to in paragraph 5. 2, acting as implementing institution, shall be obliged once every two years to submit to the control commissioned by the Board of Governors.

6. The Tribu and the date of consultation referred to in art. 13 (1) 4, it shall not apply to the Plan and the operational programmes and strategies for the use of the Cohesion Fund drawn up for the period 2004 to 2006.

7. To the programmes referred to in art. 8 ust. 1 point 1-3, implemented under the Plan for the period 2004-2006 does not apply the provision of art. 40 of the Act of 27 April 2001. -Environmental law (Dz. U. of 2013 r. items 1232, as of late. zm.).

(8) The provisions of the Cohesion Fund under the Plan for the period 2004 to 2006 shall not apply to the strategy for the implementation of the Cohesion Fund. 10 para. 1 point 5 and paragraph. 3.

9. From the date of entry into force of this Act the application referred to in art. 17 para. 1, the law referred to in Article 1 70, it becomes an application within the meaning of art. 35 par. 1 of this Act.

10. Rules of Art. 31 shall not apply to the entities referred to in Article. 31 par. 2, if they are, on the date of entry into force of the Act, entitled to grant the aid referred to in art. 31 par. 1, on the basis of separate provisions.

11. (repealed).

Article 69. (bypassed).

Article 70. [ Repealed provisions] The Law of 12 May 2000 shall be repealed. on the principles of promoting regional development (Dz. U. Nr 48, pos. 550, with late. zm.), with the exception of art. 5 par. 2, art. 13 (1) 3 points 1 to 9 and Article 3 16-23 which remain in force until the date of adoption by the Council of Ministers of the final report on the implementation of the support programme for 2004.

Article 71. [ Entry into force] The Act shall enter into force after 14 days from the day of the announcement, except for Art. 32-36 which shall enter into force on 1 January 2005.

[ 1] It lost power on 1 October 2010. in accordance with art. 6 of the Act of 30 April 2010. -Provisions introducing laws reforming the system of science (Journal of Laws No. 96, item. 620), which entered into force on 1 October 2010.

[ 2] It lost power on 1 January 2010. in accordance with art. 85 of the Act of 27 August 2009. -Provisions introducing a law on public finances (Journal of Laws No. 157, item. 1241), which entered into force on 1 January 2010.

[ 3] It lost power on 1 January 2006. in accordance with art. 244 (1) 1 of the Act of 30 June 2005. on public finances (Journal of Laws No. 249, item. 2104), which entered into force on 1 January 2006.

[ 4] Article 39 (1) 4 point 3 (a) (a) as set out by the Article. 71 point 1 of the Act of 24 July 2015. on the Social Dialogue Council and other institutions of social dialogue (Journal of Laws of the European Union). 1240). The amendment came into force on 11 September 2015.

[ 5] Article 42 (1) 2 point 3 (a) (a) as set out by the Article. 71 point 2 of the Act of 24 July 2015. on the Social Dialogue Council and other institutions of social dialogue (Journal of Laws of the European Union). 1240). The amendment came into force on 11 September 2015.