Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
12 June 2009 [shall come
into force on 1 July 2009];
16 December 2010 [shall come into force on 1 January
2011].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima 1 has adopted and
the President has proclaimed the following law:
Law on the Management of
Programmes for Objective 3 of the European Union Structural Funds
"European Territorial Cooperation"
Chapter I
General Provisions
Section 1. Terms Used in the Law
The following terms are used in the Law:
1) verification of the conformity of expenses - one
hundred per cent verification of the activities implemented and
the financing used within the scope of a project in the
programmes for Objective 3 of the European Union Structural Funds
"European Territorial Cooperation" to be implemented with the
support of the European Neighbourhood and Partnership
Instrument;
2) random verification - a verification of the
efficiency of the management and control system of a programme
for Objective 3 of the European Union Structural Funds "European
Territorial Cooperation" to be implemented with the support of
the European Neighbourhood and Partnership Instrument and
verification of financial documents of randomly selected projects
in accordance with a substantiated risk analysis within the scope
of the relevant programme;
3) national responsible institution - an institution of
the partner country of a programme for Objective 3 of the
European Union Structural Funds "European Territorial
Cooperation" which ensures fulfilment of the obligations
undertaken by such partner country in respect of the development
of the programme document and the introduction and control
thereof;
4) national sub-committee - a collegial body
established in Latvia and involved in the management of
programmes for Objective 3 of the European Union Structural Funds
"European Territorial Cooperation" which ensures advisory
functions of the national responsible institution to all
programmes;
5) non-conformity - any infringement of legal acts of
the European Union or the Republic of Latvia which causes or
might cause harm resulting in a request to cover an unjustified
item of expenses from the general budget of the European
Union;
6) ineligible costs - expenses applied for
reimbursement from the financing for a programme for Objective 3
of the European Union Structural Funds "European Territorial
Cooperation" which are in conflict with financial conformity
provisions and are not covered from the programme financing;
7) second level financial control - an examination of
the efficiency of the management and control system of a
programme for Objective 3 of the European Union Structural Funds
"European Territorial Cooperation" to be implemented with the
support of the European Regional Development Fund and examination
of financial documents of randomly selected projects in
accordance with a substantiated risk analysis within the scope of
the relevant programme;
8) first level financial control - one hundred per cent
examination of the activities implemented and the financing used
within the scope of a project in the programmes for Objective 3
of the European Union Structural Funds "European Territorial
Cooperation" to be implemented with the support of the European
Regional Development Fund;
9) programme document - a document that is developed by
the relevant partner countries of the programme for Objective 3
of the European Union Structural Funds "European Territorial
Cooperation" and approved by the European Commission and that
determines the development strategy, the objectives and the set
of priorities of the programme to be implemented with the support
of the European Regional Development Fund or the European
Neighbourhood and Partnership Instrument, and also the procedures
and conditions for introduction of the programme and
projects;
10) partner country of the programme - a European Union
Member State or a state outside the territory of the European
Union the regions of which have been included as an eligible
territory in the programme for Objective 3 of the European Union
Structural Funds "European Territorial Cooperation" to be
implemented with the support of the European Regional Development
Fund or in the programme to be implemented with the support of
the European Neighbourhood and Partnership Instrument;
11) criteria for evaluation of project applications -
the criteria according to which project applications for
programmes for Objective 3 of the European Union Structural Funds
"European Territorial Cooperation" are evaluated and the decision
on the approval or rejection thereof is taken;
12) group of auditors - a collegial authority involved
in the management of programmes for Objective 3 of the European
Union Structural Funds "European Territorial Cooperation" which
consists of a representative from the partner country of the
relevant programme and which helps the audit authority to fulfil
the functions specified for it, and also ensures the second level
financial control of programmes;
13) agreement on the introduction of a programme - an
agreement by and between the national responsible institutions of
the partner country and the managing authority for the programme
for Objective 3 of the European Union Structural Funds "European
Territorial Cooperation" on the introduction of the programme,
the rights and obligations of the authorities involved in the
management of the programme, liabilities of partner countries,
and also the decision-making process and conditions in relation
to the financial management and control, infringements, the
procedures for recovery of payments and non-conforming
expenses.
Section 2. Purpose of the Law
The purpose of the Law is to determine effective and
transparent management in Latvia of the programmes for Objective
3 of the European Union Structural Funds "European Territorial
Cooperation" (hereinafter - the programmes) which conforms to the
financial management principles, insofar it is not determined by
the directly applicable legal acts of the European Union.
Section 3. Scope of Application of
the Law
(1) The Law shall be applicable to the management of the
following programmes to be implemented with the support of the
European Regional Development Fund:
1) Latvia-Lithuania Cross-Border Cooperation Programme;
2) Estonia-Latvia Cross-Border Cooperation Programme;
3) Central Baltic Sea Region Cross-Border Cooperation
Programme;
4) Baltic Sea Region Transnational Cooperation Programme;
5) Inter-Regional Cooperation Programme INTERREG IVC;
6) Urban Development Network Programme URBACT II;
7) ESPON 2013 Programme (European Spatial Planning Observation
Network);
8) programme for good administration of territorial
cooperation programmes INTERACT II.
(2) The Law shall be applicable to the management of the
following programmes to be implemented with the support of the
European Neighbourhood and Partnership Instrument:
1) Estonia-Latvia-Russia Cross-Border Cooperation
Programme;
2) Latvia-Lithuania-Belarus Cross-Border Cooperation
Programme.
(3) The Law shall specify the authorities and persons involved
in the management of the programmes in the 2007-2013 planning
period, the rights and obligations thereof.
Section 4. Provision of Programme
Management
(1) The management of the programmes referred to in Section 3,
Paragraphs one and two of this Law in Latvia shall include the
participation implemented in cooperation with partner countries
of the relevant programme in the development of programme
documents, the submission thereof to the Cabinet for approval,
the participation in the introduction, supervision, and
evaluation of the programme, in the performance of financial
control and audit thereof.
(2) The management of the Latvia-Lithuania Cross-Border
Cooperation Programme and the Estonia-Latvia-Russia Cross-Border
Cooperation Programme, in addition to that specified in Paragraph
one of this Section, shall include the submission of programme
documents to the European Commission for approval, the
establishment of systems for the management and supervision of
programmes and the ensuring of activities thereof.
Chapter II
Provision of Management of Programmes to be Supported Within the
Scope of the European Regional Development Fund
Section 5. Authorities and Persons
Involved in the Management of Programmes
The management of programmes shall be ensured by the following
authorities and persons:
1) the national responsible institution;
2) the national sub-committee;
3) the managing authority;
4) the certification authority;
5) the audit authority;
6) the monitoring committee;
7) the joint technical secretariat;
8) the beneficiary of the programme financing.
Section 6. National Responsible
Institution, its Obligations and Rights
(1) The national responsible institution has the following
obligations:
1) in relation to the programmes specified in Section 3,
Paragraph one of this Law - in cooperation with partner countries
of the relevant programme, to ensure participation in the
development of programme documents and the submission thereof to
the Cabinet for approval, participation in the monitoring and
evaluation of programmes, the performance of financial control
and audit thereof;
2) in relation to the Latvia-Lithuania Cross-Border
Cooperation Programme - in addition to that specified in
Paragraph one, Clause 1 of this Section, to ensure the submission
of the programme document to the European Commission for approval
and to initiate negotiations on the approval of the programme
document;
3) to sign an agreement with the managing authority of the
relevant programme on the participation of Latvia in the
programme and on the introduction of the programme;
4) to represent the national interests of Latvia by delegating
representatives and ensuring participation in the monitoring
committees of the programmes referred to in Section 3, Paragraph
one of this Law;
5) to ensure the work of the national sub-committee and
approve the by-laws of the national sub-committee;
6) to ensure planning of the State budget financing for the
co-financing of the technical assistance for the programmes
referred to in Section 3, Paragraph one of this Law;
7) to ensure planning and granting of the State budget
co-financing to the partners of Latvia within the scope of the
approved projects of the programmes referred to in Section 3,
Paragraph one, Clause 1, 2 or 3 of this Law;
8) to ensure the planning of financial resources in the State
budget for the implementation of the programmes referred to in
Section 3, Paragraph one of this Law and the performance of
payments;
9) to determine the performer of the functions of an authority
of the first level financial control for project partners of
Latvia in the programmes referred to in Section 3, Paragraph one
of this Law and to ensure the methodical management of the first
level financial control;
10) to ensure participation in groups of auditors of the
programmes referred to in Section 3, Paragraph one of this
Law;
11) to provide information to the managing authority,
certification authority, and audit authority of the relevant
programme and also to the European Commission on the
non-conformities detected in the introduction of the programmes
referred to in Section 3, Paragraph one of this Law;
12) to ensure information and publicity measures by promoting
project development and involvement of the partners of Latvia for
participation in the programmes referred to in Section 3,
Paragraph one of this Law;
13) in cooperation with the partner countries of the relevant
programme, to perform evaluation of a programme related to the
monitoring of the programme.
(2) The national responsible institution has the following
rights:
1) to consult with the national sub-committee on the
preparation of the national position in relation to the
development and monitoring of programmes, the conformity of the
projects submitted within the scope of programmes with the
national and regional planning documents and the priorities
thereof, and also the approval or rejection of project
applications submitted by partners of Latvia within the scope of
programmes for the receipt of the financing in the monitoring
committee of the relevant programme;
2) upon request, to provide an opinion to the authorities and
persons involved in the management of the programmes referred to
in Section 3, Paragraph one of this Law on the conformity of
partners of Latvia for participation in accordance with the
project partner conformity criteria specified in the document of
the relevant programme;
3) to express an opinion on the approval or rejection of the
submitted project with participation of a partner of Latvia in
the monitoring committees of the programmes referred to in
Section 3, Paragraph one of this Law.
(3) The Ministry of Environmental Protection and Regional
Development shall perform the functions of the national
responsible institution.
(4) The Ministry of Environmental Protection and Regional
Development shall ensure that the functions which it performs as
the national responsible institution are separated from other
functions thereof.
[16 December 2010]
Section 7. National Sub-committee,
its Obligations and Rights
(1) The national sub-committee has the following
obligations:
1) to provide consultations to the national responsible
institution on the preparation of the national position in
relation to the development and monitoring of the programmes
referred to in Section 3, Paragraph one of this Law, to provide
an opinion on the conformity of project applications submitted by
partners of Latvia within the scope of programmes with the
national and regional planning documents and the priorities
thereof, and also to consult on the approval or rejection of
project applications submitted by partners of Latvia within the
scope of programmes for the receipt of the financing in the
monitoring committee of the relevant programme;
2) within the competence thereof to promote the publicity of
the programmes referred to in Section 3, Paragraph one of this
Law.
(2) The national sub-committee has the following rights:
1) within the competence thereof to provide an opinion on the
conformity of project applications submitted by partners of
Latvia within the scope of the programmes referred to in Section
3, Paragraph one of this Law with the national and regional
planning documents and the priorities thereof;
2) on the basis of the opinion issued, to propose the support
or rejection of project applications submitted by partners of
Latvia within the scope of programmes, or the putting forward of
additional conditions.
(3) The national sub-committee the structure of which is
approved by the national responsible institution shall include
the following:
1) one representative from the Minister for Environmental
Protection and Regional Development, the Ministry of Foreign
Affairs, the Ministry of Economics, the Ministry of Finance, the
Ministry of the Interior, the Ministry of Education and Science,
the Ministry of Culture, the Ministry of Welfare, the Ministry of
Transport, the Ministry of Health, the State Regional Development
Agency;
2) one representative from Kurzeme planning region, Zemgale
planning region, Latgale planning region, Vidzeme planning
region, Rīga planning region, Rīga local government;
3) one representative from the Association of Local and
Regional Governments of Latvia and the Association of Cities of
Latvia.
[12 June 2009; 16 December 2010]
Section 8. Managing Authority, its
Obligations and Rights
(1) The managing authority has the obligation to ensure the
management of the programmes referred to in Section 3, Paragraph
one of this Law, providing for the development and maintenance of
an efficient and accurate operational system and financial
management and control system.
(2) The managing authority has the right to request
information necessary for ensuring the programme management from
the certification authority, audit authority, authority of the
first level financial control, beneficiary of financing, and also
partner countries of the programme.
(3) The functions of the managing authority in respect of the
Latvia-Russia Cross-Border Cooperation Programme shall be
performed by the Ministry of Environmental Protection and
Regional Development which determines the official responsible
for the performance of the functions.
(4) The Ministry of Environmental Protection and Regional
Development shall ensure that the functions which it performs as
the managing authority in accordance with this Law are separated
from other functions thereof.
[16 December 2010]
Section 9. Certification Authority,
its Obligations and Rights
(1) The certification authority has the obligation to perform
the management and control of the financial flow of the
programmes referred to in Section 3, Paragraph one of this Law in
order to ensure timely reimbursement of expenses and submission
of payment applications to the European Commission.
(2) The certification authority has the right to request the
information and documents necessary for the performance of
financial control and the certification of expenses from the
managing authority, audit authority, authority of the first level
financial supervision, and beneficiary of financing.
(3) The functions of the certification authority in respect of
the Latvia-Russia Cross-Border Cooperation Programme shall be
performed by the Ministry of Environmental Protection and
Regional Development which determines the official responsible
for the performance of the functions.
(4) The Ministry of Environmental Protection and Regional
Development shall ensure that the functions which it performs as
the certification authority in accordance with this Law are
separated from other functions thereof.
[16 December 2010]
Section 10. Audit Authority, its
Obligations and Rights
(1) The audit authority has the obligation to evaluate the
efficiency of the management and control system of the programmes
referred to in Section 3, Paragraph one of this Law and, on the
basis of appropriate selection, to examine the declared expenses
of programmes.
(2) The audit authority shall establish and manage a group of
auditors for the performance of the functions thereof, and also
ensure the methodical management of the second level financial
control.
(3) The audit authority has the right to request from the
managing authority, certification authority, authority of the
first level financial control, and beneficiary of financing the
documents that are at the disposal thereof and to get acquainted
with the financing, premises, and other material values thereof,
and also to receive explanations and copies of documents in
matters related to the second level financial control.
(4) The functions of the audit authority in respect of the
Latvia-Lithuania Cross-Border Cooperation Programme shall be
performed by the Ministry of Environmental Protection and
Regional Development which determines the official responsible
for the performance of the functions.
(5) The Ministry of Environmental Protection and Regional
Development shall ensure that the functions which it performs as
the audit authority in accordance with this Law are separated
from other functions thereof.
[16 December 2010]
Section 11. Monitoring Committee
(1) The monitoring committee is a collegial authority which is
involved in the management of programmes of partner countries of
the programme and which operates in accordance with the by-laws
approved thereby.
(2) Representatives of the national, regional, and local level
of partner countries of the programme, and also the
socio-economic cooperation partners shall be included in the
composition of the monitoring committee that is established in
accordance with the conditions of the programmes referred to in
Section 3, Paragraph one of this Law.
(3) Upon receipt of information on the management of a
programme from the managing authority, certification authority,
and audit authority of the relevant programme, the monitoring
committee has the obligation to verify the efficiency and quality
of introduction of the programme, to take the decision on the
approval or rejection of a project application, and also the
decision on the necessity to recover the financing granted.
(4) The decisions taken by the monitoring committee shall be
binding on the authorities and persons involved in the management
of programmes in Latvia.
Section 12. Joint Technical
Secretariat
In order to ensure the management of the programmes referred
to in Section 3, Paragraph one of this Law, the managing
authority shall establish a joint technical secretariat for each
programme which provides support for the performance of functions
of the managing authority and certification authority.
Section 13. Beneficiary of the
Programme Financing, its Rights and Obligations
(1) A beneficiary of the programme financing shall be a State
institution of direct or indirect administration of a partner
country of the programme, a derived public person or a legal
person governed by private law or an association of such persons
registered in the eligible territory of a partner country of the
programme the submitted project application of which for the
receipt of financing has been approved by the monitoring
committee of the relevant programme.
(2) The beneficiary of financing has the following
obligations:
1) to ensure efficient and timely implementation of a project
of the programme in conformity with the provisions of an
agreement entered into on the implementation of the project;
2) to ensure accounting records separately for each project of
the programme;
3) to provide the information on the implementation of a
project and to ensure access for the representatives of the
authorities involved in the management of programmes, and also
for the representatives of authorities of the first level
financial control to the originals of all the documents related
to the implementation of the relevant project, and also to the
implementation place of the relevant project.
(3) The beneficiary of financing has the following rights:
1) to request the State budget co-financing for the
implementation of projects approved in the programmes referred to
in Section 3, Paragraph one, Clause 1, 2 or 3 of this Law within
the scope of the financing of the relevant State budget
sub-programme;
2) to receive the information from the national responsible
institution in relation to the programmes referred to in Section
3, Paragraph one of this Law;
3) to receive informative support for the preparation of a
project from the relevant joint technical secretariat of the
programmes referred to in Section 3, Paragraph one of this
Law.
Chapter III
Provision of the Management of Programmes to be Supported Within
the Scope of the European Neighbourhood and Partnership
Instrument
Section 14. Authorities and Persons
Involved in the Management of Programmes
The management of programmes shall be ensured by the following
authorities and persons:
1) the national responsible institution;
2) the national sub-committee;
3) the joint managing authority;
4) the joint monitoring committee;
5) the joint technical secretariat;
6) the beneficiary of the programme financing.
Section 15. National Responsible
Institution, its Obligations and Rights
(1) The national responsible institution has the following
obligations:
1) in relation to the programmes referred to in Section 3,
Paragraph two of this Law - in cooperation with partner countries
of the relevant programme, to ensure participation in the
development of programme documents and the submission thereof to
the Cabinet for approval, participation in the monitoring and
evaluation of programmes, the performance of financial control
and audit thereof;
2) in relation to the Estonia-Latvia-Lithuania Cross-border
Cooperation Programme - in addition to that specified in
Paragraph one, Clause 1 of this Section, to ensure the submission
of the programme document to the European Commission for approval
and to initiate negotiations on the approval of the programme
document;
3) to sign an agreement with the managing authority of the
relevant programme on the participation of Latvia in the
programme and on the introduction of the programme;
4) to represent the national interests of Latvia by delegating
representatives and ensuring participation in the joint
monitoring committees of the programmes referred to in Section 3,
Paragraph two of this Law;
5) to ensure the work of the national sub-committee and
approve the by-laws of the national sub-committee;
6) to ensure planning of the State budget financing for the
co-financing of the technical assistance for the programmes
referred to in Section 3, Paragraph two of this Law;
7) to ensure planning and granting of the State budget
co-financing to the partners of Latvia within the scope of the
approved projects of the programmes referred to in Section 3,
Paragraph two of this Law;
8) to ensure the planning of financial resources in the State
budget for the implementation of the programmes referred to in
Section 3, Paragraph two of this Law and the performance of
payments;
9) to determine the performer of verification functions of the
conformity of expenses for project partners of Latvia in the
programmes referred to in Section 3, Paragraph two of this Law
and to ensure the methodical management of verification of the
conformity of expenses;
10) to ensure participation in groups of auditors of the
programmes referred to in Section 3, Paragraph two of this
Law;
11) to provide information to the joint managing authority of
the relevant programme and to the European Commission on the
non-conformities detected in the introduction of the programmes
referred to in Section 3, Paragraph two of this Law;
12) to ensure information and publicity measures by promoting
project development and involvement of the partners of Latvia for
participation in the programmes referred to in Section 3,
Paragraph two of this Law;
13) in cooperation with the partner countries of the relevant
programme, to perform evaluation of a programme related to the
monitoring of the programme.
(2) The national responsible institution has the following
rights:
1) to consult with the national sub-committee on the
preparation of the national position in relation to the
development and monitoring of programmes, the conformity of the
projects submitted within the scope of programmes with the
national and regional planning documents and the priorities
thereof, and also the approval or rejection of project
applications submitted by partners of Latvia within the scope of
programmes for the receipt of the financing in the monitoring
committee of the relevant programme;
2) upon request, to provide an opinion to the authorities and
persons involved in the management of the programmes referred to
in Section 3, Paragraph two of this Law on the conformity of
partners of Latvia for participation in accordance with the
project partner conformity criteria specified in the document of
the relevant programme;
3) to express an opinion on the approval or rejection of the
submitted project with participation of a partner of Latvia in
the joint monitoring committees of the programmes referred to in
Section 3, Paragraph two of this Law.
(3) The Ministry of Environmental Protection and Regional
Development shall perform the functions of the national
responsible institution.
(4) The Ministry of Environmental Protection and Regional
Development shall ensure that the functions which it performs as
the national responsible institution are separated from other
functions thereof.
[16 December 2010]
Section 16. National Sub-committee,
its Obligations and Rights
(1) The national sub-committee has the following
obligations:
1) to provide consultations to the national responsible
institution on the preparation of the national position in
relation to the development and monitoring of the programmes
referred to in Section 3, Paragraph two of this Law, to provide
an opinion on the conformity of project applications submitted by
partners of Latvia within the scope of programmes with the
national and regional planning documents and the priorities
thereof, and also to consult on the approval or rejection of
project applications submitted by partners of Latvia within the
scope of programmes for the receipt of the financing in the
monitoring committee of the relevant programme;
2) within the competence thereof to promote the publicity of
the programmes referred to in Section 3, Paragraph two of this
Law.
(2) The national sub-committee has the following rights:
1) within the competence thereof to provide an opinion on the
conformity of project applications submitted by partners of
Latvia within the scope of the programmes referred to in Section
3, Paragraph two of this Law with the national and regional
planning documents and the priorities thereof;
2) on the basis of the opinion issued, to propose the support
or rejection of project applications submitted by partners of
Latvia within the scope of programmes, or the putting forward of
additional conditions.
(3) The national sub-committee the structure of which is
approved by the national responsible institution shall include
the following:
1) one representative from the Minister for Environmental
Protection and Regional Development, the Ministry of Foreign
Affairs, the Ministry of Economics, the Ministry of Finance, the
Ministry of the Interior, the Ministry of Education and Science,
the Ministry of Culture, the Ministry of Welfare, the Ministry of
Transport, the Ministry of Health, the State Regional Development
Agency;
2) one representative from Kurzeme planning region, Zemgale
planning region, Latgale planning region, Vidzeme planning
region, Rīga planning region, Rīga local government;
3) one representative from the Association of Local and
Regional Governments of Latvia and the Association of Cities of
Latvia.
[12 June 2009; 16 December 2010]
Section 17. Joint Managing
Authority, its Obligations and Rights
(1) The joint managing authority shall consist of a division
for the operational management of the programme, a division for
financial management and certification, and an audit
division.
(2) The joint responsible authority has the following
obligations:
1) to ensure the management of the programmes referred to in
Section 3, Paragraph two of this Law, providing for the
development and maintenance of an efficient and accurate
operational system and financial management and control
system;
2) to perform the management and control of the financial flow
of the programmes referred to in Section 3, Paragraph two of this
Law in order to ensure timely reimbursement of expenses and
submission of payment applications to the European
Commission;
3) to ensure the evaluation of the efficiency of the
management and control system of the programmes referred to in
Section 3, Paragraph two of this Law and, on the basis of an
appropriate selection, to examine the declared expenses of
programmes, and also to establish and manage a group of auditors
and ensure the methodical management of random verifications.
(3) The joint managing authority has the right to request from
an authority for the verification of the conformity of expenses
and the beneficiary of financing the documents that are at the
disposal thereof and to get acquainted with the financing,
premises, and other material values thereof, and also to receive
explanations and copies of documents related to the random
verifications and necessary for the provision of the management
of the programmes referred to in Section 3, Paragraph two of this
Law.
(4) The functions of the joint managing authority in respect
of the Latvia-Russia Cross-Border Cooperation Programme shall be
performed by the Ministry of Environmental Protection and
Regional Development which determines the official responsible
for the performance of the functions.
(5) The Ministry of Environmental Protection and Regional
Development shall ensure that the functions which it performs as
the joint managing authority in accordance with this Law are
separated from other functions thereof.
[16 December 2010]
Section 18. Joint Monitoring
Committee
(1) The joint monitoring committee is a collegial authority
which is involved in the management of programmes of partner
countries of the programme and which operates in accordance with
the by-laws approved thereby.
(2) Representatives of the national, regional, and local level
of partner countries of the programme, and also the
socio-economic cooperation partners shall be included in the
composition of the joint monitoring committee that is established
in accordance with the conditions of the programmes referred to
in Section 3, Paragraph two of this Law.
(3) Upon receipt of information on the management of a
programme from the joint managing authority of the relevant
programme, the joint monitoring committee has the obligation to
verify the efficiency and quality of introduction of the
programme, to take the decision on the approval or rejection of a
project application, and also the decision on the necessity to
recover the financing granted.
(4) The decisions taken by the joint monitoring committee
shall be binding on the authorities and persons involved in the
management of programmes in Latvia.
Section 19. Joint Technical
Secretariat
In order to ensure the management of the programmes referred
to in Section 3, Paragraph two of this Law, the joint managing
authority shall establish a joint technical secretariat for each
programme which provides support for the performance of the
functions thereof.
Section 20. Beneficiary of the
Programme Financing, its Rights and Obligations
(1) A beneficiary of the programme financing shall be a State
institution of direct or indirect administration of a partner
country of the programme, a derived public person or a legal
person governed by private law or an association of such persons
registered in the eligible territory of a partner country of the
programme the submitted project application of which for the
receipt of financing has been approved by the monitoring
committee of the relevant programme.
(2) The beneficiary of financing has the following
obligations:
1) to ensure efficient and timely implementation of a project
of the programme in conformity with the provisions of an
agreement entered into on the implementation of the project;
2) to ensure accounting records separately for each project of
the programme;
3) to provide the information on the implementation of a
project and to ensure access for the representatives of the
authorities involved in the management of programmes, and also
for the representatives of performers of verification functions
of the conformity of expenses to the originals of all the
documents related to the implementation of the relevant project,
and also to the implementation place of the relevant project.
(3) The beneficiary of financing has the following rights:
1) to request the State budget co-financing for the
implementation of projects approved in the programmes referred to
in Section 3, Paragraph two of this Law within the scope of the
financing of the relevant State budget sub-programme;
2) to receive the information from the national responsible
institution in relation to the programmes referred to in Section
3, Paragraph two of this Law;
3) to receive informative support for the preparation of a
project from the relevant joint technical secretariat of the
programmes referred to in Section 3, Paragraph two of this
Law.
Chapter IV
Final Provisions
Section 21. Appealing of the
Decisions of the Monitoring Committee or the Joint Monitoring
Committee
The decision of the monitoring committee or the joint
monitoring committee on the approval or rejection of a project
application, and also the decision on the necessity to recover
the financing granted may not be appealed.
Section 22. Procedures for the
Settlement of Disputes
(1) The disputes of authorities and persons involved in the
management of the programmes referred to in Section 3, Paragraphs
one and two of this Law shall be settled according to the
procedures specified in the agreement of the relevant programme
and pursuant to the contract that has been entered into for the
implementation of the relevant project.
(2) The national responsible institution shall be responsible
for the recovery of the programme financing from project partners
of Latvia at national level.
Section 23. State Fee for Turning to
the Court
Upon referring contract disputes to the court, the national
responsible institution shall not pay the State fee.
Section 24. Competence of the
Cabinet in Ensuring the Programme Management
(1) In order to ensure the management of programmes, the
Cabinet shall issue regulations by which the following is
approved:
1) an agreement on introduction of the Latvia-Lithuania
Cross-Border Cooperation Programme;
2) an agreement on introduction of the Latvia-Estonia
Cross-Border Cooperation Programme;
3) an agreement on introduction of the Central Baltic Sea
Region Cross-Border Cooperation Programme;
4) an agreement on introduction of the Estonia-Latvia-Russia
Cross-Border Cooperation Programme;
5) an agreement on introduction of the
Latvia-Lithuania-Belarus Cross-Border Cooperation Programme;
6) an agreement on introduction of the Baltic Sea Region
Transnational Cooperation Programme;
7) an agreement on introduction of the Inter-Regional
Cooperation Programme INTERREG IVC;
8) an agreement on introduction of the Urban Development
Network Programme URBACT II;
9) an agreement on introduction of the programme for good
administration of territorial cooperation programmes INTERACT
II;
10) an agreement on introduction of the ESPON 2013
Programme.
(2) In order to ensure the management of programmes, the
Cabinet shall prescribe:
1) the procedures by which reports shall be provided on the
non-conformities detected in the introduction of the projects
financed by the programmes for Objective 3 of the European Union
Structural Funds "European Territorial Cooperation" and the
non-conforming expenses shall be recovered;
2) the procedures by which the authorities involved in the
management of programmes for Objective 3 of the European Union
Structural Funds "European Territorial Cooperation" in Latvia
shall publish the information on the projects approved within the
scope of programmes;
3) the procedures by which the State budget funds shall be
granted to the beneficiaries of financing from the Republic of
Latvia in programmes for Objective 3 of the European Union
Structural Funds "European Territorial Cooperation" and
programmes of the European Neighbourhood and Partnership
Instrument;
4) the procedures by which the funds shall be planned in the
State budget for the implementation of programmes for Objective 3
of the European Union Structural Funds "European Territorial
Cooperation" and programmes of the European Neighbourhood and
Partnership Instrument and payments shall be made;
5) the procedures by which the managing authority and the
joint managing authority shall ensure the use of the information
system for the Latvia-Lithuania Cross-Border Cooperation
Programme and the Estonia-Latvia-Russia Cross-Border Cooperation
Programme;
6) the procedures by which eligible and ineligible expenses of
project partners of Latvia shall be determined for programmes for
Objective 3 of the European Union Structural Funds "European
Territorial Cooperation" and the first level financial control
shall be provided.
Transitional Provisions
1. The Cabinet shall, by 1 February 2009, issue the
regulations referred to in Section 24, Paragraph one, Clauses 1,
2, 3, 6, 7, 8, 9, and 10, and also in Paragraph two, Clauses 2,
3, 4, and 6 of this Law.
2. The Cabinet shall, by 31 March 2009, issue the regulations
referred to in Section 24, Paragraph one, Clauses 4 and 5, and
also in Paragraph two, Clauses 1 and 5 of this Law.
The Law shall come into force on the day following its
proclamation.
The Law has been adopted by the Saeima on 4 December
2008.
President V. Zatlers
Rīga, 23 December 2008
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)