Regulation (2016:10) On The Administration Of The Internal Security Fund

Original Language Title: Förordning (2016:10) om förvaltning av fonden för inre säkerhet

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2016:10

/Entry into force: 03/01/2016

Introductory provisions



section 1 of this Regulation shall apply to the administration of the internal security fund to implement the national programme for the 2014-2020 period in the objective to ensure a high level of safety within an area of freedom, security and justice provided for in article 67(3) of the Treaty on the functioning of the European Union. The regulation contains provisions which complement



1. European Parliament and Council Regulation (EU, Euratom) and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002,



2. European Parliament and Council Regulation (EC) no 514/2014 of the General Regulation on asylum, migration and integration fund and an instrument of financial support for police cooperation, preventing and combating crime, and crisis management,



3. European Parliament and Council Regulation (EC) No 513/2014 of the establishing, as part of the internal security fund, by an instrument of financial support for police cooperation, preventing and combating crime, and crisis management and repealing Council decision 2007/125/JHA, and



4. European Parliament and Council Regulation (EC) no 515/2014 of the establishing, as part of the internal security fund, the instrument for financial support of external borders and visas and repealing Decision No 574/2007/EC.



Organization



section 2 Of section 20 of the Regulation (2014:1102) with instruction for law enforcement, it appears that the police authority is responsible for granting, management and control of the use of funds under the



1. European Parliament and Council Regulation (EC) No 513/2014 of the establishing, as part of the internal security fund, by an instrument of financial support for police cooperation, preventing and combating crime, and crisis management and repealing Council decision 2007/125/JHA, and



2. European Parliament and Council Regulation (EC) no 515/2014 of the establishing, as part of the internal security fund, the instrument for financial support of external borders and visas and repealing Decision No 574/2007/EC.



section 3 of the police authority should establish a partnership with the relevant authorities for implementation, monitoring and evaluation of the national programme. The partnership shall also, if deemed appropriate, to involve civil society organisations and international organisations.



section 4 Of the national programme, there should be a Monitoring Committee.



Chairman of the Supervisory Committee appointed by the Government.

The Government decides which relevant authorities and other parties that will be represented in the Monitoring Committee. These will in turn nominate their representatives in the Monitoring Committee.



For the decision of the Monitoring Committee requires unanimity.



paragraph 5 of the national financial management authority's audit authority under article 25(1) of Regulation (EC) no 514/14 for the national programme.



Processing of support cases



section 6 issues of aid examined by police.



An application for aid shall be submitted to the police authority. In the application, the applicant shall indicate how the financing will be arranged.



section 7 of the police authority shall check that the application concerns aid which is compatible with the national programme, and with the applicable EU and national regulations.



section 8 of the Police decision granting assistance shall include details of the rules applied and the circumstances which have been crucial to the outcome and indicate the expected result of the project. The conditions under which the decision is fraught with as well as the project budget and financing plan shall, in particular, result from the decision.



If there are several beneficiaries in a project, this must be stated in the order for support.



§ 9 the police authorities shall, in the decision on the grant of support specify how the expenditure for the project should be reported. It should be made clear which of the options set out in section 11, first paragraph 6 which applies to each type of expenditure.



section 10 of the aid may be paid only if the expenses are eligible under



11-27 sections. In other cases, the police authority may decide not to pay the corresponding part of the aid.



Eligible expenditure



Introductory provisions



paragraph 11 of the eligibility of expenditure on the



1. incurred for implementing the project,



2. are appropriate,



3. were raised during the project period the police authority has determined,



4. are compatible with Union law and national provisions,



5. meet the criteria specified in decision support, and 6. either can be evidenced by the beneficiary by copies of invoices, accounting documents or any other document that has been posted in accordance with generally accepted accounting principles, or meet the requirements for simplified accounting option provided for in article 18 of European Parliament and Council Regulation (EC) no 514/2014.



Of article 17(3)(a) of the European Parliament and Council Regulation (EC) no 514/2014 follows that only expenditure that a beneficiary has incurred between 1 January 2014 to 31 december 2022 may be eligible.



section 12 if there are special reasons, an expense that does not meet the requirements in section 11, first paragraph, (4) and (5) be eligible to a certain extent. the aid for the expense must be reduced in proportion to the nature and seriousness. The reduction shall be at least equal to the economic loss for the public as the deviation may be assessed.



The assessment referred to in the first subparagraph to the guidelines on financial corrections which the European Commission publishes the Guide.



paragraph 13 of the Projects shall be carried out in a cost-effective manner.

Expenditure in the light of the circumstances appear to be unfair is not eligible in whole or in part.



A beneficiary who is not applying the law (2007:1091) concerning public procurement, purchase, rent and lease follow the principles arising from Chapter 1. section 9 of the Act.



section 14 Of article 17(6) of Regulation (EU) no 514/2014 follows that aid in some cases shall be reduced by the revenue that the project entails. Revenue in or through a project, in those cases, the current reported by the beneficiary.



Certain expenditure which cannot be eligible



section 15 except as set forth in article 19 of the European Parliament and Council Regulation (EC) no 514/2014, the following expenditure shall not be eligible:



1. financial expenses,



2. fines, penalties or costs, 3. expenditure relating to subcontracts, if



a) recourse to a subcontractor adds to the cost of the project without adding any equivalent value, or



b) expense for the subcontractor was calculated with a percentage of the total cost of the project, and



4. expenditures for gifts.



Expenditure related to staff



16 § staff shall refer to gross wages for the personnel with the following type of employment of the beneficiary:



1. full-time employment,



2. part-time employment with a fixed proportion of working time per month,



3. part-time employment with a variable number of working hours per month, and



4. hourly employment.



section 17 the following: expenditure on staff is eligible



1. wages paid out in connection with activities which the beneficiary would not carry out if it were not for the project in question, as laid down in the contract of employment, an employment contract or employment decisions (hereinafter ' employment certificate) or of the law and of the duties listed in the job description of the worker concerned,



2. other costs incurred by the employer and paid and which are directly related to pay and benefits, such as taxes and social security contributions, including pensions, provided that the



(a)) has been determined in an employment certificate, evidenced by legal or regulatory provisions or relating to staff welfare costs of smaller scope that should not be taxed as income by the service of the staff member, and



b) cannot be recovered by the employer.



section 18 on personnel expenses shall be reimbursed on the basis of actual costs, will these be supported by paychecks.



19 § Personnel expenses for people working part-time on the project should be calculated as



1. a fixed percentage of gross staff costs, in accordance with to a fixed proportion of working time devoted to the project, without the obligation to introduce a separate time-recording system, or



2. a varying percentage of gross staff costs, in accordance with the number of hours devoted to the project varies from month to month, based on a time registration system that covers 100 percent of the employee's working hours.



section 20 For part-time work pursuant to section 19 of 1, the employer shall issue a certificate for each employee and specify what percentage of the time that the employee will work with the project.



For part-time work pursuant to section 19 of 2, the replacement of personnel expenses shall be calculated on the basis of an hourly wage laid down 1. by the gross staff costs per month is divided by the number of working hours per month as specified in the certificate of employment, or



2. by the last documented gross staff costs per year divided by 1 720 hours, in


accordance with article 18(7) of Regulation (EU) no 514/2014.



The hourly wage will be multiplied by the actual number of hours spent on the project.



paragraph 21 of the staff costs for people under employment proof is the hourly employees to be eligible. The actual number of hours that persons under a time-recording system has been working on the project must be multiplied by the hourly rate specified in the certificate of employment.



section 22 of the expenditure for the remuneration of personnel who are not employed by the beneficiary is eligible only if the fee set out in an agreement that has been approved by the Police Department, or if the fee is shown by the law.



Expenses for premises, equipment, materiel and administration



section 23 of the following expenses for Office space, Office supplies and administration are eligible:



1. rent for Office space,



2. insurance charges and taxes for Office space and office equipment,



3. bank charges for accounts and cards,



4. Office supplies,



5. financial and payroll administration,



6. archives,



7. maintenance, cleaning and repairs,



8. Security,



9. it systems, 10. electricity, gas, heat and water, and



11. communication.



section 24 of the Expenditure for the financing of equipment and materials that are purchased, rented or leased by the beneficiary for carrying out the project are eligible.



Even the hiring of external premises for carrying out the project are eligible.



If it is clear that the equipment purchased will have a value when the project ends, the police authority may decide that the expenditure is eligible only to some extent. where equipment sold in connection with that project ends, to be deducted from income support.



25 § in addition to section 24 applies to expenditure for the purchase of second-hand equipment is eligible only if



1. no other support for the equipment is received, 2. the equipment's price is competitive, and 3. the equipment have the technical characteristics necessary for the project and comply with applicable norms and standards.



Expenses for travel and accommodation



section 26 of the following expenses for travel and accommodation are eligible:



1. travel, such as tickets, travel and car insurance, fuel, mileage, tolls and parking fees,



2. meals that are not covered by the subsistence allowance,



3. accommodation,



4. visa, and 5. per diems.



Expenditure on external expertise and services



section 27 expenditure on external expertise and services to complete the project are eligible.



Repeal of decision, repayable and reporting



section 28 Of decision on aid has been taken due to inaccurate, misleading or incomplete information from the applicant, or where the applicant has violated the terms of the aid, the police authorities reverse the decision in whole or in part.



section 29 is repealed if a decision support since the aid has been paid, or if a beneficiary has received aid for expenditure which is not eligible, the beneficiary is liable for the repayment amount. The police authorities shall require that the corresponding part of the aid be paid back.

Repayment may be required within ten years from the day the amount was paid.



section 30 Of the beneficiary is not entitled to the amount of aid to be repaid, and this interest is levied in accordance with the interest Act (1975:635). The police authority may reduce the interest requirement if there are special reasons.



section 31 Is any repayment required under section 29 or payable pursuant to section 30 of the other support under this Regulation may be offset against the debt.



32 § police authority shall be responsible for the reporting of irregularities in accordance with article 5(2) of Regulation (EC) no 514/2014.



A notice of the content of the reports shall be sent to the Swedish national economic crimes Bureau and the national financial management authority.



Appeal



section 33 in 22 a of the Administrative Procedure Act (1986:223) there are provisions for appeal to the administrative court. Other decisions than decisions under 10, 28 and 31 of may, however, not subject to appeal.



Authorization



34 § police authorities may provide for the enforcement of this regulation.