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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 08.11.2008.–08.09.2010.
Amendments not included: 09.08.2010., 10.02.2011., 12.09.2013.

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.

The Saeima1 has adopted
and the President has proclaimed the following Law:

Latvian-Swiss Cooperation Programme Management Law

Chapter I
General Provisions

Section 1. Terms used in this Law

The following terms are used in this Law:

1) framework agreement - the framework agreement between the Government of the Republic of Latvia and the Swiss Confederation Council concerning the implementation of the Latvian-Swiss Cooperation Programme to reduce economic and social disparities within the enlarged European Union;

2) cooperation programme - financial contribution of the Swiss Confederation granted to Latvia on the basis of the framework agreement to reduce economic and social disparities within the enlarged European Union;

3) individual project - project activities to be implemented independently, for which the requested cooperation programme co-financing is not less than one million Swiss francs equivalent in lats according to the currency exchange rate specified by the Bank of Latvia. In certain cases the managing authority may reach an agreement with the competent authorities of Switzerland regarding another amount of cooperation programme co-financing;

4) programme - a set of individual project activities having common objective, the requested cooperation programme co-financing of which is not less than four million Swiss francs equivalent in lats according to the currency exchange rate specified by the Bank of Latvia. In certain cases the managing authority may reach an agreement with the competent authorities of Switzerland regarding another amount of cooperation programme co-financing;

5) sub-project - activities to be implemented within the framework of the block grant;

6) intermediate body - a direct administration authority or a derived public person, which is responsible for the implementation of the block grant or programme and a project outline and a project submission regarding the implementation of the block grant or programme of which have been approved by the competent authorities of Switzerland;

7) submitter of individual project - a direct administration authority or a derived public person submitting a project outline regarding implementation of the individual project and a project submission regarding implementation of the individual project to the managing authority;

8) project outline - a written document of a project submitter or the intermediate body submitted to the managing authority in order to apply for receipt of the cooperation programme co-financing necessary for the implementation of the individual project, programme or block grant;

9) project submission - a written document of a submitter of the individual project or the intermediate body prepared by submitters of the individual project or intermediate bodies, if the competent authorities of Switzerland have approved the project outline submitted by the relevant submitter of the individual project or the intermediate body, and submitted to the managing authority;

10) individual project implementer - a submitter of the individual project, the project submission regarding the implementation of the individual project of which has been approved by the competent authorities of Switzerland;

11) sub-project submitter - within the framework of the block grant, a direct administration authority, a derived public person or a legal person registered in the Republic of Latvia submitting a sub-project submission to the intermediate body unless the intermediate body, upon agreement with the competent authorities of Switzerland, has restricted the range of submitters of sub-project submissions;

12) sub-project implementer - a sub-project submitter, the sub-project submission of which has been approved by the intermediate body;

13) sub-project submission - a written document of the sub-project submitter submitted to the intermediate body in order to apply for the receipt of the co-financing from the relevant block grant necessary for the implementation of the sub-project;

14) block grant - a type of project which complies with the conditions of the framework agreement regarding the block grant and represents a set of several sub-projects for the implementation of which the intermediate body grants the cooperation programme co-financing;

15) application for the Scholarship Fund - a written document of a submitter of the application for the Scholarship Fund, which is submitted to the institution co-ordinating the Scholarship Fund in order to qualify for financing from the Scholarship Fund;

16) submitter of application for the Scholarship Fund - a direct or indirect administration authority, a derived public person or a natural person, as well as a legal person registered in the Republic of Latvia, the application of which for the Scholarship Fund is being submitted to the institution co-ordinating the Scholarship Fund; and

17) recipient of the Scholarship Fund financing - a submitter of the application for the Scholarship Fund to whom the responsible institutions of the Swiss Confederation have granted the Scholarship Fund financing.

Section 2. Purpose of the Law

The purpose of this Law is to prescribe the management of the cooperation programme in order to promote efficient and clear implementation of the cooperation programme in Latvia, which complies with the principles of financial management.

Section 3. Scope of Application of this Law

This Law prescribes the institutions and persons involved in the management of the cooperation programme, the rights and obligations thereof, the procedures for taking of decisions and appeal thereof, as well as other issues associated with the cooperation programme management.

Section 4. Cooperation Programme Management

(1) Cooperation programme management shall include the establishment of a cooperation management system, the preparation and approval of project outlines and project submissions, the implementation of individual projects, programmes, block grants, sub-projects and special forms of support, as well as the financial control, supervision, audit, evaluation of the cooperation programme, notification regarding the non-compliances determined and recovery of unsuitably utilised funds.

(2) Provision of the cooperation programme management in respect of special forms of support shall be prescribed by this Law, except for Sections 8, 10 and 12, as well as Chapter III thereof.

Chapter II
Provision of Cooperation Programme Management

Section 5. Institutions and Persons Involved in Cooperation Programme Management

Cooperation programme management shall be ensured by the following institutions and persons involved in the cooperation programme management:

1) the managing authority;

2) the payments authority;

3) the intermediate body;

4) the management committee;

5) the institution co-ordinating the Scholarship Fund;

6) an individual project implementer;

7) a sub-project implementer; and

8) a recipient of the Scholarship Fund financing.

Section 6. Duties and Rights of the Managing Authority

(1) The managing authority has the following duties:

1) to ensure the examination and submission of project outlines and project submissions to the embassy of the Swiss Confederation in the Republic of Latvia;

2) to ensure the supervision, financial management, control and evaluation of implementation of individual projects, programmes and block grants;

3) to ensure the use of the co-financing of the cooperation programme in accordance with the conditions of the framework agreement;

4) to ensure the entering into the project agreement and the implementation agreement;

5) to ensure the control of reports and payment requests submitted by the individual project implementer and the intermediate body;

6) to ensure that reports regarding the implementation of individual projects, programmes and block grants are provided on regular basis to the competent authorities of Switzerland; and

7) to ensure the implementation of publicity measures of the cooperation programme in Latvia.

(2) The managing authority has the following rights:

1) to initiate and perform the control and audit of the cooperation programme; and

2) to request the information from the institutions and persons involved in the management of the cooperation programme, which is necessary for the provision of management of the cooperation programme.

(3) The functions of the managing authority shall be performed by the Ministry of Finance and the Central Finance and Contracting Agency. The Ministry of Finance shall be responsible for the general management and coordination of the cooperation programme. The Cabinet shall prescribe the functions performed by the Central Finance and Contracting Agency as the managing authority.

(4) The Ministry of Finance or the Central Finance and Contracting Agency shall ensure that the functions which they perform as the managing authority in accordance with this Law are separated from other functions of the Ministry or the Agency.

Section 7. Payments Authority, Duties and Rights Thereof

(1) The payments authority has the following duties:

1) to open and maintain co-financing accounts of the cooperation programme;

2) to check the compliance of the received payment requests with the requirements of the framework agreement and the relevant regulatory enactments, to approve and submit them to the competent authorities of Switzerland;

3) to perform payments after receipt of the co-financing from the Swiss Confederation; and

4) to ensure the reimbursement of the unused funds or unsuitably performed expenditure to the Swiss Confederation.

(2) The payments authority has the right to request the information from the institutions and persons involved in the management of cooperation programme, which is necessary for approval of payment requests and submission thereof to the competent authorities of the Swiss Confederation.

(3) The functions of the payments authority shall be performed by the Treasury. The Treasury shall ensure that the functions, which it performs as the payments authority in accordance with this Law, are separated from other functions of the Treasury.

Section 8. Duties of Intermediate Body

(1) The intermediate body has the following duties:

1) to introduce a block grant or a programme in accordance with the requirements of the project agreement and the implementation agreement;

2) to establish and maintain an internal control system in accordance with regulatory enactments regulating the establishment of internal control system;

3) if a block grant is being implemented:

a) to develop regulation for an open tender of sub-projects and ensure announcing the tender;

b) to ensure the selection and evaluation of sub-project submissions;

c) to take decisions regarding approval or rejection of sub-project submissions;

d) to develop a draft agreement for implementation of a sub-project and enter into it with a sub-project implementer;

4) to prepare and submit the requested information regarding the implementation of the block grant or the programme to the managing authority;

5) to ensure separate accounting for each block grant or programme;

6) to recover and reimburse unsuitably performed expenditure; and

7) to ensure the fulfilment of publicity requirements for the block grant or programme.

(2) The intermediate body shall ensure that the functions, which it fulfils in accordance with this Law, are separated from other functions of this body.

Section 9. Management Committee

(1) The management committee is a collegial institution involved in the cooperation programme management, which is established and managed by the managing authority in accordance with the framework agreement. The management committee shall act in accordance with the by-law approved by the head of the managing authority.

(2) The composition of the management committee shall be approved by the head of the managing authority. One representative with the right to vote from each the Central Finance and Contracting Agency and from sectoral ministries involved in the sub-priority fields specified in the framework agreement and two representatives from the Ministry of Finance shall be included in the composition of the management committee. Representatives with advisory rights from the payments authority, the embassy of the Swiss Confederation in the Republic of Latvia, an association or foundation representing non-governmental organisations, as well as from a planning region, shall participate in the work of the management committee.

(3) The management committee has the following duties:

1) to co-ordinate the project outlines and project submissions before the submission thereof to the embassy of the Swiss Confederation in the Republic of Latvia;

2) to approve the sample of the draft implementation agreement and amendments thereto; and

3) to supervise the implementation of individual projects, programmes and block grants and to co-ordinate essential amendments to the individual project, programme or block grant.

(4) The management committee has the right to request additional information regarding the implementation of individual projects, programmes and block grants from any institution and person involved in the management of the cooperation programme.

Section 10. Duties of Individual Project Implementer and Sub-project Implementer

(1) An individual project implementer has the following duties:

1) to ensure the implementation of the individual project in accordance with the implementation agreement;

2) to ensure separate accounting for each individual project;

3) to provide information regarding the implementation of the individual project and ensure access to originals of all documents related to the implementation of the individual project, as well as to the place of implementation of the relevant individual project for the representatives of competent authorities of the Swiss Confederation or for the auditors representing these authorities, the representatives of the State Audit Office and the institutions involved in the management of the cooperation programme;

4) to prepare and submit reports regarding the implementation of the individual project in accordance with the conditions of the implementation agreement and regulatory enactments regulating the cooperation programme management;

5) to implement instructions of the institutions involved in the cooperation programme management, that apply to the implementation of individual project; and

6) to ensure the fulfilment of publicity requirements of the individual project.

(2) A sub-project implementer has the following duties:

1) to ensure the implementation of the sub-project in accordance with the sub-project implementation agreement;

2) to ensure separate accounting for each sub-project;

3) to provide information regarding the implementation of the sub-project and ensure access to originals of all documents related to the implementation of the sub-project, as well as to the place of implementation of the relevant sub-project for the representatives of competent authorities of the Swiss Confederation or for the auditors representing these authorities, the representatives of the State Audit Office and the institutions involved in the management of the cooperation programme;

4) to implement instructions of the institutions involved in the cooperation programme management, that apply to the implementation of sub-project; and

5) to ensure the fulfilment of publicity requirements of the sub-project.

Section 11. Competence of the Cabinet

In order to ensure the cooperation programme management, the Cabinet shall prescribe:

1) the procedures for ensuring the management of the cooperation programme;

2) open tender regulations for sub-project submissions, including the criteria for evaluation of submissions therein; and

3) open tender regulations for applications for the Scholarship Fund, including the criteria for evaluation of applications therein.

Section 12. Entering into Agreement

(1) If the competent authorities of Switzerland approve the individual project, programme or block grant, the managing authority shall, in accordance with the conditions of the framework agreement, enter into a project agreement with the Swiss Confederation Council regarding the implementation of each individual project or programme and with the Swiss Confederation Council and the intermediate body - regarding the implementation of each block grant. The project agreement shall be signed by the head of the managing authority. If it is necessary for ensuring the implementation of the individual project or programme, additionally one or several contracting parties shall be engaged.

(2) After signing of the agreement, the Central Finance and Contracting Agency shall enter into an implementation agreement with the individual project implementer or the intermediate body regarding the implementation of the individual project or programme on behalf of the managing authority in accordance with the conditions of the framework agreement. In case of a block grant, the Central Finance and Contracting Agency shall enter into the implementation agreement with the intermediate body.

(3) Upon entering into the agreement referred to in Paragraph two of this Section, a direct administration authority, with intermediation of which institutional subordination is implemented in respect to the direct administration authority that is the individual project implementer or intermediate body, may be invited as the contracting party.

(4) If the intermediate body takes a decision regarding approval of a sub-project submission, the intermediate body and the sub-project submitter shall enter into an implementation agreement of the sub-project. If the sub-project submitter is a natural person or a legal person registered in the Republic of Latvia, this agreement shall be considered as a contract governed by the civil law.

Chapter III
Decisions and Appeal Thereof

Section 13. Decisions of Intermediate Body

(1) The intermediate body shall take a decision regarding approval or rejection of a sub-project submission submitted within the framework of the block grant.

(2) If the cooperation programme co-financing granted has been disbursed to a sub-project implementer but it has not been used in accordance with the requirements of respective regulatory enactments or the provisions of the sub-project implementation agreement, the intermediate body shall take a decision regarding the recovery of the co-financing granted to the sub-project implementer.

Section 14. Types of Decisions of Intermediate Body

(1) The intermediate body shall issue an administrative deed or take an administrative decision in accordance with the legal status of the sub-project submitter.

(2) If the sub-project submitter is a legal person governed by the private law and registered in the Republic of Latvia, the decision of the intermediate body shall be an administrative deed.

(3) If the sub-project submitter is a direct administration authority or a derived public person, the decision of the intermediate institution shall be an administrative decision.

(4) The administrative decision referred to in Paragraph three of this Section shall be issued in writing, and it shall have the following parts:

1) the name and address of the intermediate body;

2) the addressee - the sub-project submitter;

3) the establishment of facts;

4) justification of the administrative decision;

5) a separate list of legal rules applied; and

6) a decision regarding the granting or refusal of rights.

Section 15. Time Period for Taking of Decisions

The intermediate body shall take a decision regarding the approval or rejection of a sub-project submission not later than within four months after the end date for the submission of sub-project submissions.

Section 16. Appeal of Decisions

Decisions referred to in Section 13 of this Law may be appealed to the court if the addressee is the person referred to in Section 14, Paragraph two of this Law. The appeal of the decision shall not suspend the operation thereof.

Chapter IV
Special Types of Support

Section 17. Instruments of Special Types of Support

Special types of support shall be those types of projects, the implementation of which is provided for in the framework agreement. The special types of support shall be the following:

1) the Technical Assistance Fund;

2) the Project Preparation Facility; and

3) the Scholarship Fund.

Section 18. Technical Assistance Fund and Project Preparation Facility

(1) The managing authority shall ensure the implementation of the Technical Assistance Fund and the Project Preparation Facility in accordance with the mutual agreement, which is entered into by and between the managing authority and the authority authorised by the Swiss Federal Council. The agreement shall be signed by the head of the managing authority.

(2) The institutions involved in the cooperation programme management shall cooperate in accordance with the procedures specified in the State Administration Structure Law in order to ensure the implementation of the Technical Assistance Fund and the Project Preparation Facility.

(3) The recipients of the Technical Assistance Fund financing shall be determined by the framework agreement and the agreement referred to in Paragraph one of this Section. The recipients of the Project Preparation Facility financing may be an individual project submitter and the intermediate body if the competent authorities of Switzerland support granting of the financing to them within the framework of the Project Preparation Facility.

Section 19. Scholarship Fund

(1) The activities of the Scholarship Fund shall be implemented by the institution co-ordinating the Scholarship Fund. The institution co-ordinating the Scholarship Fund shall be prescribed by the by-law of the relevant State administrative institution.

(2) To ensure the implementation of the Scholarship Fund activities, the managing authority shall enter into a mutual agreement with the competent authority of Switzerland by attracting additional contracting parties, if necessary. After entering into the referred to agreement, the Central Finance and Contracting Agency, as well as the institution co-ordinating the Scholarship Fund and a higher institution thereof shall agree on implementation of the Scholarship Fund activities.

(3) The institution co-ordinating the Scholarship Fund shall take a decision regarding the compliance of the application for the Scholarship Fund with the administrative evaluation criteria and the guidance thereof for further evaluation or regarding the non-compliance thereof with the administrative evaluation criteria and rejection. The institution co-ordinating the Scholarship Fund shall take the referred to decision not later than within four months after the end date for the submission of applications.

(4) The institution co-ordinating the Scholarship Fund shall issue an administrative deed or take an administrative decision in accordance with the legal status of the submitter of the application. The decision may be appealed to the court if the addressee is a legal person or a natural person governed by the private law and registered in the Republic of Latvia. The appeal of the decision shall not suspend the operation thereof.

(5) The responsible authorities of the Swiss Confederation shall take the final decision regarding the approval or rejection of the application. This decision may not be appealed.

(6) Submitters of an application for the Scholarship Fund, the procedures for the submission of application and entering into an agreement regarding the allocation of financing within the framework of the Scholarship Fund shall be prescribed by the agreement referred to in the first sentence of Paragraph two of this Section and by the relevant Cabinet Regulations.

Chapter V
Procedures for Settlement of Disputes Regarding Allocated Financing

Section 20. Procedures for Settlement of Disputes

Disputes regarding the allocated financing of the cooperation programme shall be settled in accordance with the procedures specified in the Administrative Procedure Law, the Civil Procedure Law and other regulatory enactments.

Section 21. Decisions Regarding Recovery of Allocated Financing

A decision regarding recovery of the allocated financing shall be taken in accordance with the procedures specified in the Administrative Procedure Law if the allocated financing has been disbursed to the recipient thereof, however it has not been used in accordance with the requirements of the relevant regulatory enactments or the provisions of an agreement, and compulsory fulfilment may be applied to the recipient of financing.

Section 22. Settlement of Disputes According to Civil Legal Procedures

(1) If the procedures for recovery of financing specified in Section 21 of this Law are not applicable or the application thereof is not useful, the allocated financing shall be recovered or the dispute regarding disbursement of the financing or continuation of disbursement shall be settled in accordance with civil legal procedures.

(2) The Cabinet shall determine the procedures for recovery of the allocated financing, as well as the procedures for settlement of a dispute regarding disbursement or continuation of disbursement of the allocated financing if the recipient of financing is a direct administration authority or a derived public person.

Section 23. State Fee for Referring to the Court

The intermediate body or the institution co-ordinating the Scholarship Fund upon referring to the court regarding contractual dispute shall not pay the State fee.

Chapter VI
Final Provisions

Section 24. Updating of Sub-project Submission

(1) Updating of a sub-project submission or an application for the Scholarship Fund is prohibited, except in the case referred to in Paragraph two of this Section.

(2) If a sub-project submission or an application for the Scholarship Fund fails to comply with the administrative evaluation criteria specified in the open tender regulations, the intermediate body or the institution co-ordinating the Scholarship Fund shall request once in writing that the submitter of the relevant submission or application update the relevant submission or application or submit additional information within five working days after sending the request.

(3) The hearing of a sub-project submitter or a submitter of an application for the Scholarship Fund within the meaning of the Administrative Procedure Law shall be implemented upon performing the activities referred to in Paragraph two of this Section.

Section 25. The right to Become Acquainted With a File

(1) A sub-project submitter or a submitter of an application for the Scholarship Fund has the right to become acquainted with the file of his or her application, except evaluation materials, at any stage of the process.

(2) A sub-project submitter or a submitter of an application for the Scholarship Fund has the right to become acquainted with evaluation materials of his or her sub-project submission or application for the Scholarship Fund only after the coming into effect of the decision regarding approval or rejection of the sub-project submission or, in case of the Scholarship Fund, the decision referred to in Section 19, Paragraph three of this Law.

(3) Information regarding the persons who evaluated a sub-project submission or an application for the Scholarship Fund shall not be disclosed to a sub-project submitter or a submitter of the application for the Scholarship Fund while he or she is getting acquainted with the file of the relevant submission or application.

Section 26. Freedom of Information

(1) A file of a sub-project submission or an application for the Scholarship Fund shall be restricted access information and accessible in accordance with the Freedom of Information Law.

(2) The following information shall be regarded as generally accessible:

1) the sub-project implementer (for a legal person - the name and legal address; for a natural person - the given name and surname) or the recipient of the Scholarship Fund financing;

2) the title of the sub-project;

3) the amount of the allocated financing;

4) the place of sub-project implementation; and

5) a summary regarding the measures to be performed within the framework of the activities financed by the sub-project or the Scholarship Fund.

(3) The information referred to in Paragraph two of this Section shall be accessible after the coming into effect of the decision of the intermediate body regarding the approval of a sub-project submission or the decision referred to in Section 19, Paragraph five of this Law.

(4) Information regarding the persons who will evaluate or have evaluated a sub-project submission or an application for the Scholarship Fund shall not be disclosed.

Transitional Provisions

1. The Cabinet shall issue the regulations referred to in Section 6, Paragraph three, Section 11, Clause 1 and Section 22, Paragraph two of this Law by 1 March 2009.

2. The Cabinet shall approve the open tender regulations referred to in Section 11, Clauses 2 and 3 of this Law developed by the intermediate body and the institution co-ordinating the Scholarship Fund in accordance with the terms for announcement of open tenders specified in the approved block grant or the Scholarship Fund.

This Law shall come into force on the day following the proclamation thereof.

This Law was adopted by the Saeima on 23 October 2008.

President V. Zatlers

Rīga, 7 November 2008

 


1 The Parliament of the Republic of Latvia

Translation © 2009 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)

 
Document information
Title: Latvijas un Šveices sadarbības programmas vadības likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 23.10.2008.Entry into force: 08.11.2008.Publication: Latvijas Vēstnesis, 174, 07.11.2008.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 23, 11.12.2008.
Language:
LVEN
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