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The translation of this document is outdated.
Translation validity: 01.07.2006.–04.11.2008.
Amendments not included: 21.10.2008., 31.03.2009., 29.09.2009., 23.02.2010., 15.07.2014.

Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson.


Republic of Latvia

Cabinet
Regulation No. 538

Adopted 27 June 2006

Procedures by which Authorities Involved in the Management of Structural Funds Ensure the Financial Control and Audit of Structural Funds

Issued pursuant to
Section 16, Paragraph one, Clause 2
of the European Union Structural Funds Management Law

I. General Provisions

1. These Regulations prescribe the procedures by which authorities involved in the management of structural funds shall ensure the financial control and audit of Structural Funds (hereinafter - Structural Fund).

2. Financial control shall be implemented by performing:

2.1. a random check at the place of the Structural Fund project implementation (hereinafter - a check at the place of project implementation);

2.2. a random conformity check of the request for Structural Fund project financing and the expenditure declaration; and

2.3. an independent verification of the final expenditure declaration of the Structural Fund.

3. The audit shall be implemented by performing the conformity and efficiency check of the Structural Funds management system in accordance with regulatory enactments in the field of internal audit.

4. The authorities involved in the management of Structural Funds shall prepare a report regarding the management and control system of Structural Funds.

5. The managing authority and paying authority may perform financial control of Structural Funds, by ensuring the implementation of the requirements referred to in Paragraphs 13 and 34 of these Regulations.

6. The authorities involved in the management of Structural Funds shall ensure unlimited access to all kinds of registers, accounting documentation and other information associated with a project of the Structural Fund, which is necessary for financial control and audit, for the performers of financial control and audit referred to in Paragraphs 2 and 3 of these Regulations.

II. Report Regarding the Management and Control System of Structural Funds

7. A paying authority, a first level intermediate body, a second level intermediate body, aid scheme manager and the Financial Control Department of the Ministry of Finance which is functionally independent from the managing authority and the paying authority (hereinafter - independent body) shall prepare and submit a report to the Ministry of Finance regarding the management and control system of Structural Funds in the relevant authority each year up to January 31.

8. If a paying authority, a first level intermediate body, a second level intermediate body or independent body during the previous year had made amendments to the description of the management and control system of Structural Funds of the relevant authority, which had been prepared by the managing authority in accordance with the requirements of Article 5 of Commission Regulation (EC) No 438/2001 of 2 March 2001, then the paying authority, the first level intermediate body, the second level intermediate body or independent body shall submit the information to the managing authority regarding the relevant changes up to 1 March of the current year..

9. The managing authority shall prepare and submit to the European Commission a report regarding the management and control system of Structural Funds and a description of the management and control system of Structural Funds, which is updated in accordance with Paragraph 8 of these Regulations, up to 30 June each year.

III. Check at the Place of Project Implementation

10. A second level intermediate body upon entering into an agreement with a final beneficiary or final recipient shall perform a check at the place of implementation of an open call for applications, project of the Structural Fund national programme, aid scheme and aid scheme project (hereinafter - a Structural Fund project).

11. An aid scheme manager shall perform a check at the place of implementation of an aid scheme project upon entering into an agreement with a final recipient.

12. If a second level intermediate body, in performing a check at the place of implementation of an aid scheme project, ascertains regarding the quality and efficiency of the checks at the places of the implementation of aid scheme projects performed by the aid scheme manager, then the second level intermediate body may rely on the results of the checks performed by the aid scheme manager.

13. A second level intermediate body and an aid scheme manager shall perform a check at the place of implementation of a project, in order to ascertain that expenditures qualifying for a refund from the Structural Fund resources have been actually made and are applicable to financing from the Structural Fund, as well as shall check , whether:

13.1. a final beneficiary and a final recipient ensures appropriate storage of the Structural Fund project, agreement and payment documents in accordance with the procedures specified in regulatory enactments, including:

13.1.1. a submission for the Structural Fund project and any correspondence associated with the Structural Fund project;

13.1.2. documents of procurement procedures (for example, minutes of procurement commission meetings, decisions, advertisements, proposals of applicants);

13.1.3. agreements entered into within the framework of the Structural Fund project and any correspondence associated with agreements;

13.1.4. documents certifying works performed, supplies and services provided (for example, acts of acceptance and transfer, bills of lading-invoices, bills of lading with numbers assigned by the State Revenue Service, invoices);

13.1.5. documents certifying payments performed (for example, payment orders, extracts from a bank regarding the transactions performed);

13.2. the works, supplies, payments and services provided within the framework of the Structural Fund project shall comply with the provided for in the Structural Fund project, including it shall be checked whether:

13.2.1. works and supplies are performed and services provided in accordance with the agreements entered into by the final beneficiary or final recipient and the performer;

13.2.2. the payments comply with the works, supplies performed and services provided and whether there are certifying documents;

13.2.3. procurement requirements, State aid requirements, environment protection requirements and gender equality requirements are observed,

13.3. expenditures checked are applicable to financing from the Structural Fund in accordance with the conditions of the agreement entered into by the final beneficiary and the second level intermediate body or the final recipient and the aid scheme manager;

13.4. the compliance of the publicity and visual identity with the requirements of regulatory enactments in the field of publicity of Structural Funds and visual identity is observed; and

13.5. the Structural Fund project is implemented in accordance with the agreement which is entered into with the second level intermediate body and the aid scheme manager.

14. A second level intermediate body and an aid scheme manager may perform the checks referred to in Paragraphs 10 and 11 of these Regulations before entering into an agreement with a final beneficiary or a final recipient, in order to ascertain that the activities to be supported by a Structural Fund project have not been commenced.

15. A second level intermediate body or an aid scheme manager:

15.1. shall perform a check at the place of implementation of the project at least once during the period of time of implementation of the Structural Fund project or at least once a year, if the period of time for implementation of the Structural Fund project exceeds one year;

15.2. may perform a check within one Structural Fund project, if a final beneficiary or a final recipient implements more than one Structural Fund project under the supervision of the relevant second level intermediate body or aid scheme manager, on the basis of the risk evaluation of the Structural Fund project;

15.3. if a complete check of the Structural Fund project is not performed, the scope of a check shall be determined in accordance with the risk assessment of the Structural Fund project performed by the relevant second level intermediate body and aid scheme manager; and

15.4. shall perform a repeated check, if during a previous check deviations from the conditions of the agreement or implementation of the Structural Fund project have been determined and if a repeated check is required in order to ascertain the elimination thereof at the place of project implementation.

16. A second level intermediate body and an aid scheme manager shall update the risk evaluation of the Structural Fund project referred to in Sub-paragraphs 15.2 and 15.3 of these Regulations, if necessary, but not less than once a year.

17. A second level intermediate body or an aid scheme manager shall perform a check at the place of implementation of the project once in five years after the last payment made to a final beneficiary or a final recipient and shall ascertain whether:

17.1. a final beneficiary or a final recipient after receipt of the financing uses values to be audited which were formed within the Structural Fund project at the place provided for in the Structural Fund project and for performance of the activity planned in the Structural Fund project, if it is applicable and so far as it is possible to check;

17.2. all the originals of documents associated with implementation of the Structural Fund project, including any correspondence associated with the Structural Fund project, advertisements, by-laws, offers of performers of works and supplies and providers of services and documentation of evaluation of offers, documentation of agreements entered into within the framework of the Structural Fund project and any correspondence associated with the agreements, documentation certifying the works performed, supplies, payments and services provided, are kept up to 31 December 2016;

17.3. a final beneficiary or a final recipient shall ensure that fixed assets, which are created or bought using the Structural Fund financing partly or fully, are not alienated, transferred to other owners, sold or written off otherwise within a course of project implementation and within five years after the receipt of the last payment for the project specified; and

17.4. the project implemented by the Structural Fund complies with the aims indicated in the approved submission for a Structural Fund project.

18. If in performing a check at the place of project implementation, an irregularity is determined, a second level intermediate body and an aid scheme manager shall notify thereof in accordance with the procedures by which the irregularities determined are to be notified.

19. A second level intermediate body and an aid scheme manager shall ensure documentation and the record keeping of checks.

20. An aid scheme manager shall submit an annual plan for the current year regarding the checks at the places of aid scheme project implementation to the relevant second level intermediate body each year up to 15 January. A second level intermediate body shall co-ordinate it and together with the annual plan for the current year approved by the relevant second level intermediate body regarding the checks thereof at the places of project implementation shall submit it to the managing authority up to 30 January.

21. An aid scheme manager, if necessary, but not less than once in a quarter shall update the plan regarding the checks at the places of project implementation and submit it to the relevant second level intermediate body for co-ordination. The second level intermediate body not later than within two weeks after the co-ordination shall submit the referred to plan to the managing authority.

22. A second level intermediate body, if necessary, but not less than once in a quarter, shall update the plan regarding the checks thereof at the places of project implementation and shall submit it to the managing authority not later than within two weeks after the approval of the referred to plan.

23. A second level intermediate body and an aid scheme manager shall obligatorily include the following information in the plan regarding the checks at the places of project implementation (hereinafter - a check plan):

23.1. the number of the agreement entered into (if the agreement is not entered into, the number of the project to be checked shall be indicated);

23.2. the date of entering into the agreement (if it is applicable);

23.3. the name of the beneficiary; and

23.4. the month planned for performance of the check.

24. An aid scheme manager shall submit a report regarding all the checks performed at the places of project implementation during the previous quarter and results thereof to the relevant second level intermediate body four times a year up to 15 January, 15 April, 15 July and 15 October. A second level intermediate body shall co-ordinate and submit it to the managing authority, as well as to the second level intermediate body for information.

25. A second level intermediate body shall submit a report regarding all the checks performed by it at the places of project implementation during the previous quarter and the results thereof to the managing authority, as well as to the relevant first level intermediate body for information four times a year up to 1 February, 1 May, 1 August and 1 November.

26. The following information shall be obligatorily included in a report regarding all the checks performed at the places of project implementation during the previous quarter and the results thereof:

26.1. the number of the agreement entered into (if the agreement is not entered into, the number of the project to be checked shall be indicated);

26.2. the date of performance of the check;

26.3. the name of the beneficiary;

26.4. the given name, surname of the performer of the check; and

26.5. the result of the check. If a result of a check is negative or partly negative, the information regarding the deviations from the conditions of the agreement or Structural Fund project implementation, which are determined during the check, shall be included in the report.

IV. Random Conformity Check of the Request for Structural Fund Project Financing and the Expenditure Declaration

27. A unit of the internal audit of a second level intermediate body, which is not involved in the control of supervision of Structural Fund implementation and performance of payments, shall perform a random conformity check of the request for Structural Fund project financing and the expenditure declaration.

28. A second level intermediate body shall develop the procedures by which the random conformity checks of the Structural Fund request and expenditure declaration shall be performed. The referred to procedures shall include:

28.1. procedures by which a final beneficiary or final recipient, the type of the Structural Fund project and amount of financing to be checked are determined;

28.2. procedures, by which human resources are determined for the performance of checks;

28.3. procedures for the performance of risk assessment;

28.4. procedures for the supervision of development of a check plan and implementation;

28.5. procedures for the development of a detailed check programme;

28.6. procedures for the documentation of a check;

28.7. procedures for the development of a check report;

28.8. procedures, by which reports regarding check results are to be provided;

28.9. procedures for the supervision of implementation of recommendations provided for in a report; and

28.10. procedures for the documentation and document storage.

29. A second level intermediate body shall check not less than 5% of the total eligible expenses of Structural Fund projects, which the paying authority has attested, and the scope of the check to be performed shall be divided evenly during the document implementation period.

30. A set of Structural Fund projects selected for checking at random shall ensure that the Structural Fund projects:

30.1. represent a selection of financed project types;

30.2. represent a selection of different final beneficiaries;

30.3. represent Structural Fund projects with different amounts of financing; and

30.4. altogether ensure the specified percentage amount from the total confirmed expenses of the relevant planning period.

31. Structural Fund projects for a conformity check of the financing request and expenditure declaration (hereinafter - selection) shall be selected, performing the risk assessment and taking into account:

31.1. the type of Structural Fund project;

31.2. the scope of the Structural Fund project;

31.3. the possibility of fraud and illegitimacy in the Structural Fund project;

31.4. complexity and the possibility of deviations of the Structural Fund project;

31.5. information regarding the check performed at the places of project implementation;

31.6. the legal status of the final beneficiary or final recipient; and

31.7. the amount of financing of the Structural Fund project to be checked.

32. It is necessary to justify the non-inclusion of a high risk project in a check plan.

33. The amount of a Structural Fund project to be checked, which is selected randomly, shall be determined performing the risk assessment and taking into account:

33.1. the amount of financing assigned for implementation of the Structural Fund project;

33.2. the legal status of the beneficiary;

33.3. the type of Structural Fund project;

33.4. the number of authorities (partners) involved;

33.5. planned and performed internal checks and audits; and

33.6. information regarding the checks performed at the places of project implementation.

34. The random conformity check of the financing request and expenditure declaration in the Structural Fund project selected randomly shall be performed in order to ascertain that:

34.1. the efficacy and operation of the management and control system of a second level intermediate body complies with regulatory enactments regulating the field of management and internal audit of Structural Funds;

34.2. the management of the final beneficiary and the final recipient complies with regulatory enactments regulating the management of Structural Funds;

34.3. a request of financing of a Structural Fund project is examined and an expenditure declaration is drawn up and checked in accordance with the internal procedures developed by a second level intermediate body and with agreements entered into with a final beneficiary;

34.4. the expenses reflected in the account books and request of Structural Fund financing and expenditure declaration are paid, services received and material values used during the implementation period of the Structural Fund project and in accordance with regulatory enactments regulating accounting;

34.5. the amount of eligible expenses in a request for financing of the Structural Fund project or expenditure declaration shall be justified with corroborative documents and shall be applicable in accordance with the agreement entered into for financing from the Structural Fund;

34.6. the expenditures incurred comply with the requirements of the relevant Structural Fund project, as well as with the tasks specified in agreements entered into with the performers of work and with work actually performed;

34.7. the account books comply with corroborative documents;

34.8. the financing necessary for implementation of a Structural Fund project, financing approved in the Structural Fund project and national financing is ensured in good time and in the necessary amount;

34.9. the procurement requirements are observed;

34.10. State aid requirements, environment protection requirements and gender equality principle are observed,

34.11. the publicity and visual identity complies with the requirements of regulatory enactments in the field of publicity of Structural Funds and visual identity; and

34.12. the storage of corroborative documents of a second level intermediate body, final beneficiary and final recipient complies with requirements specified in regulatory enactments regarding the management of the Structural Funds.

35. A second level intermediate body, in developing a check plan, shall take into account the amount of planned expenditures at the time of performance of the random conformity check of a request for financing of the Structural Fund project and expenditures declaration. If during the random conformity check of a request for financing of the Structural Fund project and expenditures declaration it is determined that the amount of expenditures attested by a paying authority is less than planned, a second level intermediate body shall adjust a check plan.

36. A second level intermediate body shall submit to the Ministry of Finance:

36.1. a check plan of random conformity checks of the request for financing of the Structural Fund project and expenditures declaration for the next year - each year up to 15 November; and

36.2. a random conformity check plan for an updated request for financing of the Structural Fund project and expenditure declaration - not later than within 2 weeks after the approval thereof.

37. A second level intermediate body shall ensure the documentation of the performed random conformity checks of the request for financing of the Structural Fund project and expenditure declaration in accordance with requirements of regulatory enactments.

38. A second level intermediate body upon completion of the random conformity check of the request of the financing for the Structural Fund project and expenditure declaration shall prepare a report. The report shall specify the following information:

38.1. the objective of the check;

38.2. the scope of the check (indicating the fund, priority, measure, activity, sub-activity, name of the Structural Fund project);

38.3. performers of the check and time;

38.4. information regarding the Structural Fund project (indicating the aim of the project, date of the project approval, the date of signing of the agreement of the beneficiary with a second level intermediate body, as well as amendments made during the project implementation);

38.5. information regarding the random check at the place of implementation of the Structural Fund project, regarding a random conformity check of a request for financing of the Structural Fund project and expenditure declaration, as well as regarding other checks within the framework of the Structural Fund project (checks performed by the internal audit, managing authority or paying authority);

38.6. information regarding errors determined during the check, the amount thereof and the corrections performed in the management and control system;

38.7. specific aspects of the project implementation (indicating the information regarding the total progress of the Structural Fund project, whether it will be implemented in accordance with the planned project, as well as deviations, problems determined in the implementation of the Structural Fund project);

38.8. a summary regarding the financial management and control system established and assessment thereof, the traceability of processes (whether it is possible to compare the expenditure declaration with accounting and the relevant corroborative documents), indicating deficiencies, if any have been determined in the storage of documents and financial control;

38.9. a list of publicity measures in accordance with regulatory enactments in the field of publicity of Structural Funds and visual identity (indicating the information regarding the procurement procedures, environment, gender equality, State aid matters);

38.10. conclusions of auditors regarding the compliance and veracity of the expenditures declaration (indicating the problems, which attest to the deficiencies of the management and control system established and to which the attention of the managing authority, paying authority and a second level intermediate body shall be drawn);

38.11. joint conclusions regarding other matters checked;

38.12. the sum total of the Structural Fund project (in lats and euro);

38.13. the amount of declared expenses (in lats and euro);

38.14. the amount of expenses verified and requested for repayment from the European Commission (in lats and euro);

38.15. an opinion of auditors regarding:

38.15.1. the applicable part (in lats and euro); and

38.15.2. non-applicable part (in lats and euro) of expenses verified and requested for repayment from the European Commission; and

38.16. recommendations and the schedule for implementation thereof.

39. Performers of a check shall sign the prepared report and submit it to the head of a second level intermediate body. A second level intermediate body shall submit a copy of a report to the Ministry of Finance within a week after the signing thereof.

40. A second level intermediate body shall each year up to 20 January (regarding the second part of the previous year) and up to 20 July (regarding the first part of the accounting year) submit a report regarding all random conformity checks of the request for financing of the Structural Fund project and expenditures declaration performed to the Ministry of Finance.

41. The following information shall be included in the reports regarding the random conformity checks of the request for financing of the Structural fund project and expenditure declaration:

41.1. the number of the Structural Fund project;

41.2. the name of the beneficiary;

41.3. the date of the check;

41.4. the sum total of the Structural Fund project (in lats and euro);

41.5. the amount of verified expenses (in lats and euro);

41.6. total expenses verified by the paying authority on 30 June of the current year (in lats and euro);

41.7. the sum of the examined expenses and percentage amount thereof from the eligible expenses verified by the paying authority during a reference period (in lats and euro);

41.8. the sum of the examined expenses and percentage amount thereof from the total eligible expenses verified by the paying authority during a reference period (in lats and euro); and

41.9. conclusions, recommendations and information regarding the implementation of the approved recommendations.

42. A second level intermediate body shall notify a managing authority of any determined non-compliance in accordance with the procedures, by which the non-compliance is to be notified.

V. Independent Checking of a Final Expenditure Declaration

43. An independent body shall perform independent checking of the final expenditure declaration of the Structural Fund and prepare an opinion regarding the final expenditure declaration (hereinafter - opinion).

44. An independent body shall develop a check plan for the final expenditure declarations up to 10 January 2009 and send it to the managing authority, paying authority and a second level intermediate body.

45. An independent body shall send an approved working plan of a check task for a final expenditure declaration to the relevant second level intermediate body not later than three working days before a term for submission of a final expenditure declaration to the managing authority. The following shall be indicated in a working plan :

45.1. an examination aim and workload;

45.2. the planned date of initiation of an examination;

45.3. the planned date for the preparation of a draft report and a report; and

45.4. the planned time for a check and the given name, surname of the performer of the check.

46. The managing authority shall review and prepare the certification for the approval thereof and together with the original of the final expenditure declaration of a second level intermediate body submit it to the independent body and paying authority within seven working days after the receipt of the original of the final expenditure declaration.

47. An independent body shall perform a check in order to ascertain regarding:

47.1. the efficacy of the managing and control system;

47.2. the results of checks performed previously and the implementation of recommendations thereof;

47.3. the legality and correctness of the transactions included in the final expenditure declaration and final payment request; and

47.4. the compliance of the Structural fund project implementation with the planning documents and aims specified therein.

48. If it is not possible to obtain a justified conviction regarding the criteria referred to in Paragraph 47 of these Regulations or important deficiencies in the management and control system have been determined, an independent body shall perform additional random checks and tests of the expenses.

49. An independent body shall send a draft report for co-ordination to the managing authority, paying authority and the relevant second level intermediate body up to 30 April 2009.

50. If the managing authority, paying authority or the relevant second level intermediate body has comments regarding a draft report, the relevant authority shall submit them in writing to an independent body within five working days after the receipt of the draft report.

51. If an independent body has determined significant deficiencies in the management and control system, then after the receipt of the draft report referred to in Paragraph 49 of these Regulations, the managing authority shall establish a working group and notify the independent body thereof up to 5 May 2009. Representatives of the managing authority, paying authority, the relevant first level intermediate body and the relevant second level intermediate body shall be included in the working group.

52. The working group shall assess the information received, take a decision for further action and notify the independent body thereof up to 15 May 2009.

53. An independent body shall evaluate the comments received from the managing authority, paying authority and the relevant second level intermediate body or the decision of a working group referred to in Paragraph 52 of these Regulations and, if necessary, clarify a report.

54. On the basis of the information referred to in a report, an independent body shall prepare an opinion in accordance with the indicative model of the Annex III to European Commission Regulation No. 438/2001 of 2 March 2001.

55. An independent body shall send a prepared report and opinion not later than five working days before 30 June 2009 to the paying authority, but a copy of the report and opinion - to the managing authority and the relevant second level intermediate body.

Prime Minister A. Kalvītis

Minister for Finance O. Spurdziņš

 


Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)

 
Document information
Status:
No longer in force
no longer in force
Issuer: Cabinet of Ministers Type: regulation Document number: 538Adoption: 27.06.2006.Entry into force: 01.07.2006.End of validity: 06.03.2019.Publication: Latvijas Vēstnesis, 102, 30.06.2006.
Language:
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