Regulations Regarding the Evaluation and Submission of Trans-European Network Projects and Amendments Thereto to the European Commission

Issued pursuant to
Section 4, Paragraph five
of the Management of Trans-European
Network Projects Law

I. General Provision

1. These Regulations prescribe:

1.1. the criteria for the evaluation of trans-European network project applications (hereinafter - project applications) and requirements to the submitters thereof;

1.2. the procedures by which the Managing Authority of the trans-European network budget (hereinafter - Managing Authority):

1.2.1. shall publish calls for proposals of the European Commission;

1.2.2. shall accept and evaluate project applications, as well as submit them for approval at the European Commission; and

1.2.3. evaluate proposals regarding amendments to decisions of the European Commission and submit them for approval at the European Commission.

II. Publishing of Calls for Proposals of the European Commission

2. The Managing Authority, on the basis of a call for proposals of the European Commission published in the Official Journal of the European Union, shall determine the expiry date for the submission of project applications to the Managing Authority. The expiry date shall be determined not more than two weeks before the deadline for the submission of project applications to the European Commission specified by the European Commission.

3. The Managing Authority shall publish information regarding deadlines for the submission of project applications, conditions of calls for proposals of the European Commission, as well as other information related to the submission and evaluation of project applications in the newspaper "Latvijas Vēstnesis" [the official Gazette of the Government of Latvia] and on the Internet home page of the Managing Authority.

III. Accepting and Evaluation of Project Applications

4. The submitter of a project application shall prepare a project application and append the documents referred to in Paragraph 6 of these Regulations and the call for proposals of the European Commission.

5. The Managing Authority shall register project applications in the register of trans-European network project applications.

6. The Managing Authority, within five working days after registration of a project application, shall:

6.1. evaluate the conformity of the project application to the following criteria:

6.1.1. the conformity of the submitter of the project application to the conformity criteria specified in the call for proposals of the European Commission;

6.1.2. the project implementing institution has sufficient financing in order to implement the project and documents certifying it are appended; and

6.1.3. the project implementing institution has sufficient technical support in order to implement the project and documents certifying it are appended;

6.2. evaluate the conformity of the project to the following criteria:

6.2.1. the project conforms to the development strategy and guidelines of the sector;

6.2.2. the project conforms to the objectives specified in the guidelines for trans-European networks (Decision No. 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network and Decision No. 1364/2006/EC of the European Parliament and of the Council of 6 September 2006 laying down guidelines for trans-European energy networks and repealing Decision No. 96/391/EC and Decision No. 1229/2003/EC);

6.2.3. the project conforms to the objectives specified in the annual programme of the trans-European network or the multi-annual programme of the trans-European network;

6.2.4. the investment (construction work) project after implementation thereof will be in the trans-European network;

6.2.5. the co-financing in percentage of the trans-European network budget requested for the project conforms to Regulation (EC) No. 680/2007 of the European Parliament and of the Council of 20 June 2007 laying down general rules for the granting of Community financial aid in the field of the trans-European transport and energy networks;

6.2.6. the Cabinet has taken a decision regarding support to granting of co-financing from the State budget (if co-financing from the State budget is necessary for implementation of the project);

6.2.7. the project (or part thereof) is not being and has not been financed or co-financed from other financial sources of the European Union, as well as the budget resources of the State and local governments; and

6.2.8. the duration of implementation of the project does not exceed the deadline specified in the call for proposals of the European Commission (if such has been specified in the call for proposals of the European Commission);

6.3. evaluate the conformity of the project application to the following criteria:

6.3.1. the correct project application form appended to the call for proposals of the European Commission has been selected;

6.3.2. the project application is correctly and completely filled-in and all the necessary annexes and documents are appended;

6.3.3. there are no arithmetical errors in the calculation of the project budget in the project application;

6.3.4. the project application is prepared in English; and

6.3.5. documents related to the environmental impact specified in the project application form are appended to the project application pursuant to the Law On Environmental Impact Assessment.

7. If a submitter of a project application does not conform to the criteria specified in these Regulations and the call for proposals of the European Commission, the Managing Authority shall take a decision regarding rejection of the project application.

8. If the complete information referred to in Paragraph 6 of these Regulations has not been specified in the project application or in the project, the Managing Authority shall prepare an opinion and send it to the submitter of the project, indicating the term for submission of the updated project application.

9. The submitter of the project shall submit the updated project application to the Managing Authority within the specified time period. The Managing Authority shall evaluate the updated project application within a time period of one working day and take a decision regarding approval of the project application and submission thereof to the European Commission or regarding rejection of the project application.

10. If the submitter of the project does not submit an updated project application within the time period specified in the opinion of the Managing Authority, the Managing Authority shall take a decision regarding rejection of the project application as not corresponding to the criteria for evaluation of project applications.

11. If the Managing Authority takes a decision regarding approval of the project application, the submitter of the project application shall, within one working day after receipt of the decision of the Managing Authority, submit the project application together with annexes to the Managing Authority:

11.1. in printed format in two copies (an original and a copy);

11.2. in electronic format if the document has been drawn up pursuant to the requirements of the regulatory enactments regulating the circulation of electronic documents;

11.3. in another format if it is specified by the call for proposals of the European Commission.

12. The Managing Authority shall approve a project application, return the original together with an accompanying letter to the submitter of the project for sending to the European Commission and keep the copy in the project file (if the project application is not submitted in an electronic format).

13. The submitter of the project shall be responsible for submission of the project application at the time and place indicated in the call for proposals of the European Commission.

14. The Managing Authority shall send the project application to the European Commission in an electronic format pursuant to the requirements specified in the call for proposals of the European Commission.

15. The Managing Authority shall, within five working days after receipt of information from the European Commission, inform the final beneficiary in writing regarding approval or rejection of the project at the European Commission for receipt of co-financing from the resources of the trans-European network budget.

IV. Evaluation, Approval and Submission to the European Commission of a Proposal for Amendments to a Decision of the European Commission

16. The final beneficiary or the implementing institution may submit substantiated proposals of amendments to a decision of the European Commission in order to extend the time period for implementation of the project or amend other provisions of the decision of the European Commission, which are related to the project (for example, basic data of the final beneficiary (contact information and bank details) have changed, changes in the term for implementation of the project, the anticipated results and the values to be audited are planned, changes in the sum of the total eligible costs or distribution thereof according to the project activities have taken place). Amendments to the decision of the European Commission shall not change the common objective of the project.

17. The final beneficiary or the implementing institution shall prepare and submit written proposals of amendments to a decision of the European Commission at the Managing Authority in due time, but not later than three months before the final date of the project specified in the decision of the European Commission.

18. The Managing Authority shall evaluate proposals of amendments to a decision of the European Commission within a time period of two weeks after receipt thereof and, if they are incomplete, shall request the final beneficiary or the implementing institution to specify the proposals of amendments to the decision of the European Commission, specifying a deadline for the submission of updated proposals.

19. If the Managing Authority does not have any objections to proposals of amendments to a decision of the European Commission, the Managing Authority shall send to the European Commission a request regarding amending the decision of the European Commission not later than one month before the final date of the project specified in the decision of the European Commission.

20. The Managing Authority has the right to propose, prepare and submit to the European Commission amendments to a decision of the European Commission, first co-ordinating them in writing with the final beneficiary or the implementing institution.

Prime Minister I. Godmanis

Minister for Transport A. Šlesers

Translation © 2008 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)