Regulation (2014:1538) On The Management Of Asylum, Migration And Integration Fund

Original Language Title: Förordning (2014:1538) om förvaltning av asyl-, migrations- och integrationsfonden

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:1538

Introductory provisions



section 1 of this Regulation shall apply to the management of asylum,

migration and integration fund to implement it

national program for the 2014-2020 period, within the objective of

contribute to the efficient management of migration flows and to

implementation, strengthening and development of the common

asylum and immigration policy. The regulation includes

provisions supplementing



1. European Parliament and Council Regulation (EC, Euratom) no

966 of 25 October 2012 on

the general budget of the Union and repealing Council

Regulation (EC, Euratom) No 1605/2002,



2. European Parliament and Council Regulation (EC) no 516/2014

of 16 april 2014 establishing asylum, migration and

Integration Fund, amending Council decision 2008/381/EC

and repealing Council decision no

573/2007/EC and decision No 575/2007/EC and Council decision 2007/435/EC,

and



3. European Parliament and Council Regulation (EC) no 514/2014

of 16 april 2014 if general rules of asylum,

migration and integration fund and an instrument for

financial support for police cooperation, prevention and

combating crime, and crisis management.



Organization



section 2 of the Swedish Migration Board is the responsible authority under article

25 (1) of the European Parliament and Council Regulation (EC) no

514/2014 for the management and control of the national

the program.



section 3 of the Immigration Agency should establish a partnership with

public bodies at national, regional and local level,

civil society organisations and international

organisations for the design, implementation, monitoring

and evaluation of the national programme.



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 should be represented in the Monitoring Committee. These

should in turn appoint their representatives in

the Monitoring Committee.

For the decision of the Monitoring Committee

unanimity is required.



paragraph 5 of the national financial management authority's audit authority under

Article 25(1) of Regulation (EU)

# 514/14 for the national programme.



Processing of support cases



section 6 Questions on aid review by the immigration service.



An application for aid shall be submitted to the Migration Board. In

application, the applicant shall indicate how the financing will be

be arranged.



section 7 of the Swedish Migration Board shall verify that the application relates to support

that is consistent with the national program, and with

applicable EU and national regulations.



section 8 of the Swedish Migration Board's decisions on the granting of aid should

include information about which regulations applied and

the circumstances which have been crucial to the outcome, and

indicate the expected results of the project. The conditions

the decision is fraught with as well as the project budget and

the financing plan shall, in particular, result from the decision.



If there are several beneficiaries in a project, this must

indicate the order for support.



section 9 of the immigration service, in the decision on the grant of support

specify how the expenditure for the project should be reported. It should

indicate which of the options set out in section 11 of the first

paragraph 6 which applies to each type of expenditure.



section 10 of the aid may be paid only if the expenditure is

eligible according to §§ 11 and 27. In other cases, the

The Swedish Migration Board may decide not to pay the equivalent of the

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 Swedish Migration Board

has established,



4. are compatible with Union law and national

provisions,



5. meet the criteria specified in decision support, and



6. the beneficiary can justify either through copies of

invoices, accounting documents or other documents which have

posted in accordance with generally accepted accounting principles or meets

the requirements for simplified accounting option

According to article 18 of European Parliament and Council regulation

(EU) no 514/2014.



Of article 17(3)(a) of the European Parliament and Council regulation

(EU) no 514/2014 follows that only expenditure as a

beneficiaries have had until 31 december 2022 can

to be eligible.



section 12 if there are special reasons, an expense that does not

meets the requirements of section 11, first paragraph, (4) and (5)

still be eligible to a certain extent. the aid for the expense

shall be reduced in proportion to the nature and

seriously. The reduction shall be at least equal to the economic

the loss of the public that the deviation may be assessed.



The assessment referred to in the first subparagraph, the guidelines on

financial corrections as the European Commission publishes

serve as guidance.



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 the

public procurement, purchase, rent and lease follow the

principles as stated in Chapter 1. section 9 of the Act on public

procurement.



section 14 Of article 17(6) of the European Parliament and of the Council

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

not be eligible:



1. financial expenses,



2. fines, penalties or costs,



3. expenditure relating to subcontracts, if



a) recourse to a subcontractor increases 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 should refer to the gross wage costs for

staff with the following type of employment with

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 of the expenditure on the remuneration of personnel who are not employed

by the beneficiary are eligible only if the fee

established in an agreement that has been approved by the Swedish Migration Board

or if the fee is shown by the law.



section 18 the following expenditure on staff are eligible:



1. wages paid out in connection with activities

the beneficiary would not carry out if it were not for the

the project in question, as laid down in the contract of employment,

employment contract or the employment decision (hereinafter referred to as

employment certificate) or of the law and

as regards the tasks listed in the job description

for the worker concerned,



2. other costs incurred by the employer and paid and that

is directly linked to salaries and benefits, such as tax and

social security contributions, including pensions, provided that



a) has been determined in an employment certificate, evidenced by the law

or regulatory provisions or relating to manpower care spirit

costs of smaller scope that should not be taxed as

income of the service of the staff member, and



(b)) they can not be recovered by the employer.



19 section on personnel expenses shall be reimbursed on the basis of actual

costs, will these be supported by payroll specifications

is given in.



section 20 of the Personnel expenses for persons working part-time with

the project should be calculated as



1. a fixed percentage of gross staff costs, in accordance

with a fixed proportion of working time devoted to the project, without

the obligation to introduce a separate time registration systems,

or



2. a varying percentage of gross staff costs, in accordance

with the number of working hours spent on the project

varies from month to month, based on a

time registration system that covers 100% of the

employee's working time.



section 21 For part-time work pursuant to section 20 (1), the employer shall

issue a certificate for each employee and in the show the

percentage of time that the employee will work with the project.



For part-time work pursuant to section 20 of the 2, the replacement of

staff costs are calculated on the basis of an hourly wage who

fixed



1. the gross staff costs per month is divided by

the number of working hours per month as specified in

proof 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 the European Parliament and of the Council

Regulation (EU) no 514/2014.



The hourly wage will be multiplied by the actual number of hours

spent on the project.



section 22 of the personnel costs for persons under

proof of employment is the hourly employees should be

eligible. The actual number of hours that persons

According to a time-recording system has been working with the project

will be multiplied by the hourly rate of pay as set out in

proof of employment.



Expenses for Office space, Office supplies 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 in respect of office premises and for

Office equipment,



3. Office supplies,



4. financial and payroll administration,




5. bank charges for accounts and cards,



6. archives,



7. maintenance, cleaning, repairs,



8. Security,



9. it systems,



10. electricity, gas, heat and water, and



11. communication.



Expenses for travel and accommodation



section 24 the following expenses for travel and accommodation,

eligibility:



1. for travel, such as tickets, travel and car insurance,

fuel, mileage, tolls and parking fees,



2. for meals, if they are not covered by the subsistence allowance,



3. for accommodation,



4. for visa, and



5. for per diems.



Expenditure related to equipment, supplies and external premises



section 25 of Expenses for the financing of equipment and materials

purchased, rented or leased by the beneficiary for carrying out

the project is eligible.



Even the hiring of external premises to carry out the project is

eligible.



If it is clear that the equipment purchased will be

have a value when the project ends, the Swedish Migration Board

decide that the expenditure is eligible only for certain

part. If the equipment sold in connection with that project

terminated, shall be deducted from income support.



In addition to section 26 section 25 applies to expenditure on purchase of used

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

the project and comply with applicable norms and standards.



Expenditure on external expertise and services



section 27 expenditure on external expertise and services for

to implement the project are eligible.



Repeal of decision, the repayment obligation and

reporting



section 28 Of decision on aid has been taken due to inaccurate,

misleading or incomplete information from the applicant or

If he violated the terms of the aid,

The Migration Board reverse the decision in whole or in part.



section 29 If an endorsement decision is repealed since the aid has been paid

as a result of the decision, or if a beneficiary in the other

have received aid for expenditure that is not

beneficiary eligibility, repayment is required for

amount. The Swedish Migration Board shall require that the corresponding part of

the aid will be paid back. Repayment may be required within ten years

from the time the amount is paid.



section 30 Of the beneficiary is not entitled to the amount of aid

and this will be refunded, interest shall be charged in accordance with the interest Act

(1975:635). The Swedish Migration Board may reduce the interest the claim if it

There are special reasons.



section 31 Is any repayment required under section 29 or required

to pay interest in accordance with section 30, other support under this

Regulation is offset against the debt.



32 § immigration service shall be responsible for the reporting of

irregularities within the national programme in accordance with

Article 5(2) of Regulation (EU)

No 514/2014.



A notification of the contents of the reports should 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) contains provisions

If the appeal to the administrative court. Other

decision than the decision according to § 10, section 28 and 31 must not, however,

subject to appeal.



Authorization



section 34 the immigration service may provide for

the enforcement of this regulation.



Transitional provisions



2014:1538



1. This Regulation shall enter into force on 1 June 2015.



2. The regulation repeals



(a)) Regulation (2008:57) on the European Refugee Fund

and the European return Fund for the period

2008-2013



(b)) Regulation (2008:1402) about the European Foundation for the

integration of third-country nationals for the period

2007 – 2013.



3. The repealed regulations still apply, however, for

matters relating to the programming period 2008-2013 and the

2007 – 2013 and for the termination of these programming periods.