Regulation (2014:1374) On The Management Of The Fund For European Aid To The Most Deprived

Original Language Title: Förordning (2014:1374) om förvaltning av fonden för europeiskt bistånd till dem som har det sämst ställt

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:1374

Introductory provisions



section 1 of this Regulation shall apply to the management of the Fund for

European aid to the most deprived persons to

implementation of the operational programme. The regulation includes

provisions supplementing



1. European Parliament and Council Regulation (EU, 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 223/2014

of 11 March 2013, if instrument for European aid to

the most deprived, and



3. the Commission delegated Regulation (EU) no 532/2014 by

on March 13, 2014, supplementing the European Parliament and

Council Regulation (EC) No 223/2014 if the Fund for European

assistance to the most deprived.



paragraph 2 of this regulation means operational programme the

operational programme for the social inclusion of those who have

the worst off.



Organization



paragraph 3 of the Council for the European social fund in Sweden (Swedish

The ESF Council) is the managing authority under article 31(1) of the

European Parliament and Council Regulation (EC) No 223/2014

the operational programme.



Swedish ESF Council is also certifying authority under

Article 31(2) of the Ordinance for the operational

the program.



section 4 of the operational 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

According to transparent procedures.



For the decision of the Monitoring Committee requires unanimity.



paragraph 5 of the Swedish ESF Council should assist the Monitoring Committee and

publish a list of the members of the Committee.



section 6 of the national financial management authority's audit authority under

Article 31(4) of Regulation (EU)

No 223/2014 of the operational programme.



Processing of support cases



section 7 Questions on aid review by the Swedish ESF Council and an application

such aid shall be submitted to the Swedish ESF Council.



paragraph 8 of the Swedish ESF Council shall check that the application for support

that is consistent with the operational programme and with

applicable EU and national regulations.



Swedish ESF Council shall apply such selection criteria

referred to in article 32(3) of the European Parliament and of the Council

Regulation (EU) No 223/2014 and to assess which projects

contributes to the achievement of the specific objectives and results of

fields of intervention.



The aid must not be granted for activities for which the State grants

granted under the Regulation (2011:1062) of State aid to

Some organizations in the social field, etc.



section 9 of the Swedish ESF-Council decision 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 10 of the Swedish ESF-Council in the decision on the grant of support

specify how the spending in the project should be reported. It should be made clear

which of the options referred to in paragraph 13 of the first paragraph 6 that

apply to each type of expenditure.



section 11 of the aid may be paid only if the expenditure is

eligible according to paragraphs 13 to 30. Otherwise, Swedish

The ESF Council decide not to pay the corresponding part of

the aid.



section 12 of the Swedish ESF-Council may, if there are special reasons and

following the examination of the economic viability of the project, decide on

advances on the aid. Advance payments may be made with no more than half of the

the aid granted, to a maximum of 250 000 SEK.



Eligible expenditure



Introductory provisions



section 13, Expenditure is eligible if they



1. incurred for implementing the project,



2. are appropriate,



3. were raised during the project period Swedish

The ESF Council 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 options under

What is closer to article 25 of the European Parliament

and Council Regulation (EC) No 223/2014.



The provisions of §§ 18-30 does not apply to expenditure

within the scope of such a simplified accounting option

referred to in the first subparagraph of paragraph 6.



section 14 if there are special reasons, an expense that does not

meets the requirements of section 13, 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.



section 15 of the Projects to be conducted 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 16 of the aid shall be reduced by the revenue that the project entails.

Revenue in or through a project will continuously recognized by

the beneficiary.



Certain expenditure which cannot be eligible



section 17 the following expenditure may 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. expenditure for the purchase of real estate.



Expenditures for gifts



section 18 of the Expenditures for gifts is eligible up to a

amount of SEK 450 per gift, and only when they are connected

with marketing, communications, advertising or information.



Expenditure related to staff



19 § 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 20 of the expenditure for 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 ESF Council

or if the fee is shown by the law.



section 21 of the following 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.



section 22 Of personnel expenses shall be reimbursed on the basis of actual

costs, will these be supported by payroll specifications

is given in.



section 23 human resources 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 24 For part-time work pursuant to section 23 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 23 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.



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

spent on the project.



section 25 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 26 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 and repairs,



8. Security,



9. it systems,



10. electricity, gas, heat and water, and



11. communication.



Expenses for travel and accommodation



section 27 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 28 of the Expenditure 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 ESF Council

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.



29 § in addition to what is stated in section 28 applies to expenditure for purchases

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 30 of the expenditure on external expertise and services for

to implement the project are eligible.



Repeal of decision, the repayment obligation and

reporting



section 31, if the 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,

Swedish ESF Council annul the decision wholly or partly.



32 § aid 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. Swedish ESF Council 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.



If the amount to be repaid is less than 2 000 SEK

may, Swedish ESF Council fail to recover the aid.



section 33 If 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). Swedish ESF Council may reduce the interest requirement

There are special reasons.



section 34 Is any repayment obligation according to § 32 or required

to pay interest in accordance with section 33, other support under this

Regulation is offset against the debt.



35 § Swedish ESF Council is responsible for the reporting of

irregularities within the operational programme in accordance with

Article 30(2) of Regulation (EU)

No 223/2014.



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



36 § in 22 a of the Administrative Procedure Act (1986:223) contains provisions

If the appeal to the administrative court. Other decisions

than decisions under 11, 31 and 34 sections, however, may not be appealed.



Authorization



37 § Swedish ESF Council may provide for

the enforcement of this regulation.