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The translation of this document is outdated.
Translation validity: 15.08.2009.–02.12.2011.
Amendments not included: 29.11.2011., 09.10.2012., 06.08.2013.

Republic of Latvia

Cabinet
Regulation No. 890

Adopted 11 August 2009

Procedures for Granting of State Budget Resources to Financial Beneficiaries from the Republic of Latvia in Programmes for Objective 3 of European Union Structural Funds "European Territorial Cooperation" and Programmes of the European Neighbourhood and Partnership Instrument

Issued pursuant to
Section 24, Paragraph two, Clause 3 of the
Law On the Management of Programmes for Objective 3 of
European Union Structural Funds "European Territorial Cooperation"

I. General Provisions

1. This Regulation prescribes the procedures by which State budget resources shall be granted to financial beneficiaries from the Republic of Latvia (hereinafter - financial beneficiary) in programmes for Objective 3 of European Union Structural Funds "European Territorial Cooperation" and programmes of the European Neighbourhood and Partnership Instrument (hereinafter - programme).

2. The following financial beneficiaries may request State budget resources for the implementation of programme projects:

2.1. self-governments and the institutions established thereby;

2.2. planning regions;

2.3. associations and foundations;

2.4. self-government and State capital companies, if the planned granting of State budget resources for the implementation of projects is not considered aid for commercial activity within the meaning of the Law On Control of Aid for Commercial Activity; and

2.5. sectoral ministries and the institutions subordinate thereto.

3. Financial beneficiaries may participate in the following projects of the programmes for Objective 3 "European Territorial Co-operation" to be implemented with the support of the European Regional Development Fund:

3.1. Latvia-Lithuania Cross-border Cooperation Programme;

3.2. Latvia-Estonia Cross-border Cooperation Programme;

3.3. Central Baltic Sea Region Cross-border Cooperation Programme;

3.4. Baltic Sea Region Transnational Cooperation Programme;

3.5. Inter-regional Cooperation Programme INTERREG IVC;

3.6. Urban Development Network Programme URBACT II; and

3.7. ESPON 2013 Programme (European Spatial Planning Observation Network).

4. Financial beneficiaries may participate in the following projects for the programmes to be implemented with the support of the European Neighbourhood and Partnership Instrument:

4.1. Estonia-Latvia-Russia Cross-border Cooperation Programme; and

4.2. Latvia-Lithuania-Byelorussia Cross-border Cooperation Programme.

5. The financial beneficiaries referred to in Sub-paragraphs 2.1, 2.3 and 2.4 of this Regulation may apply for State budget resources for the implementation of the programme projects referred to in Sub-paragraphs 3.1, 3.2, 3.3, 4.1 and 4.2 of this Regulation.

6. The financial beneficiaries referred to in Sub-paragraphs 2.2 and 2.5 of this Regulation may apply for financing in full amount in accordance with the Cabinet regulations prescribing the procedures by which resources shall be planned in the State budget for the implementation of the 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 performed.

7. The projects of programmes referred to in Sub-paragraphs 3.1, 3.2 and 3.3 of this Regulation shall be financed from the European Regional Development Fund, State budget resources, self-government budget resources and the resources of the financial beneficiaries of other programmes, observing the following proportions of the project financing sources:

7.1. co-financing of the European Regional Development Fund for the part of the project in which a financial beneficiary of programmes from the Republic of Latvia is participating - 85 per cent;

7.2. financing on the part of Latvia for the part of the project in which a financial beneficiary of programmes from Latvia is participating - 15 per cent, including:

7.2.1. State budget resources - five per cent; and

7.2.2. resources of the financial beneficiary of programmes - 10 per cent.

8. The projects of programmes referred to in Sub-paragraphs 3.4, 3.5, 3.6 and 3.7 of this Regulation shall be financed from the resources of the European Regional Development Fund, State budget resources, self-government budget resources and the resources of the financial beneficiaries for other programmes, observing the following proportions of the project financing sources:

8.1. co-financing of the European Regional Development Fund for the part of the project in which a financial beneficiary of programmes from the Republic of Latvia is participating - 85 per cent; and

8.2. resources ensured by the financial beneficiary of programmes from the Republic of Latvia - 15 per cent.

9. The projects of programmes referred to in Sub-paragraph 3.6 of this Regulation shall be financed from the resources of the European Regional Development Fund, State budget resources, self-government budget resources and the funds of the financial beneficiaries of other programmes, observing the following proportions of the project financing sources:

9.1. co-financing of the European Regional Development Fund for the part of the project in which a financial beneficiary of programmes from the Republic of Latvia is participating - 80 per cent; and

9.2. resources ensured by a financial beneficiary of programmes from the Republic of Latvia - 20 per cent.

10. The projects of programmes referred to in Paragraph 4 of this Regulation shall be financed from the resources of the European Neighbourhood and Partnership Instrument, State budget resources, self-government budget resources and the funds of the financial beneficiaries of other programmes, observing the following proportions of the project financing sources:

10.1. co-financing of the European Regional Development Fund for the part of the project in which a financial beneficiary of programmes from the Republic of Latvia is participating - 90 per cent; and

10.2. financing on the part of Latvia for the part of the project in which a financial beneficiary of programmes from Latvia is participating - 10 per cent, including:

10.2.1. State budget resources - five per cent; and

10.2.2. resources ensured by the financial beneficiary of programmes from the Republic of Latvia - five per cent.

11. The financial beneficiaries of programmes referred to in Sub-paragraphs 2.1, 2.3 and 2.4 of this Regulation may finance projects, using their own resources, and not request the State budget resources referred to in Sub-paragraphs 7.2.1 and 10.2.1 of this Regulation.

II. Granting of the State Budget Financing and Entering into Contracts for Granting of the State Budget Financing

12. The financial beneficiaries referred to in Sub-paragraphs 2.1, 2.3 and 2.4 of this Regulation shall, within three months after entering into a contract with the managing authority of a programme regarding granting of co-financing for the programme (hereinafter - co-financing contract), submit a submission regarding request for the State budget financing for a project (hereinafter - submission) (Annex) and a certified copy of the co-financing contract to the Ministry of Regional Development and Local Government (hereinafter - Ministry).

13. The Ministry shall create and maintain an informative database on the granting and utilisation of the State budget financing (hereinafter - database).

14. In order to ensure the transparency of the granting of State budget resources, the following information shall be included in the database:

14.1. information provided by the financial beneficiary in accordance with the Annex to this Regulation;

14.2. the date when the decision regarding granting of the programme co-financing was taken, the date when the notification regarding taking of the referred to decision was sent, and the notification number;

14.3. the date when the contract regarding granting of the State budget financing was entered into and the contract number;

14.4. the payment schedule indicated in the contract regarding granting of the State budget financing;

14.5. the amount of the State budget financing transferred, the date of transfer and the payment order number;

14.6. the date of the first level financial control or of the statement of the examination of the conformity assessment of expenditure and the expenditure approved in the statement;

14.7. the amount of the approved State budget financing indicated in the decision regarding granting of the financing;

14.8. the information referred to in Sub-paragraph 28.4 of this Regulation; and

14.9. information regarding the fulfilment of the obligations specified in the contract regarding granting of the State budget financing.

15. The Ministry shall register submissions in the database in the order of submission thereof and shall assign a registration number to each submission.

16. The Ministry shall examine submissions in the order of registration thereof, taking into account the following conditions for granting of the State budget financing:

16.1. the conformity with the programmes indicated in Paragraphs 3 or 4 of this Regulation;

16.2. the financial beneficiaries referred to in Sub-paragraphs 2.1, 2.3 and 2.4 of this Regulation;

16.3. the conformity of the submission form with the content of the Annex to this Regulation; and

16.4. whether such documents have been appended to the project submission, which justify the granting of the programme co-financing (co-financing contract).

17. The Ministry shall, within one month, examine the submissions of the financial beneficiaries of programmes and the documents appended thereto, taking into account the conditions for granting of the State budget financing referred to in Paragraph 16 of this Regulation and take a decision regarding granting of the State budget resources or regarding refusal to grant the State budget resources.

18. The Ministry shall, within 10 working days after taking of the decision referred to in Paragraph 17 of this Regulation, send it to the financial beneficiary.

19. If the decision regarding refusal to grant State budget resources has been taken because the conditions referred to in Sub-paragraphs 16.3 or 16.4 of this Regulation have not been observed, the financial beneficiary may, within 10 working days, fulfil the relevant requirements and submit a new submission.

20. The Ministry shall, within one month after taking of the decision to grant State budget resources, enter into a contract with the financial beneficiary regarding granting of the State budget financing in accordance with the proportions of project financing sources referred to in Sub-paragraphs 7.2.1. and 10.2.1 of this Regulation.

21. The financial beneficiary shall inform the Ministry regarding the changes of the co-financing contract as regards the time periods for the implementation of a project, in the financing of the project partner or regarding a change of the project partner approved in the Monitoring Committee or the Joint Technical Secretariat of the relevant programme within five working days after approval of the changes.

22. The State budget financing shall be granted, taking into account the eligible costs of the project of the financial beneficiary and the proportion of the project financial sources referred to in Paragraph 7 or 10 of this Regulation, taking into account the expenditure approved in the statement of the first level financial control of the project.

23. The State budget financing shall be granted in lats, converting the amount of the State budget resources requested in the single currency of the European Union according to the exchange rate specified by the Bank of Latvia.

III. Payment and Refund of the State Budget Financing

24. The State budget financing in lats shall be transferred to the current account of the financial beneficiary in the State Treasury indicated in the contract regarding granting of the State budget financing.

25. The Ministry shall, within five working days after entering into the contract regarding granting of the State budget financing, transfer State budget resources in the amount of 90 per cent of the amount granted as an advance payment to the account referred to in Paragraph 24 of this Regulation.

26. The Ministry shall, within one month after receipt of the final statement of the last accounting period of the first level financial control, specify more precisely the amount of the State budget funding and submit a notification to the financial beneficiary on the procedures for payment of the remaining the State budget financing in writing.

27. The remaining State budget financing up to the amount of 10 per cent of the amount granted shall be transferred to the account referred to in Paragraph 24 of this Regulation in accordance with Sub-paragraph 28.4 of this Regulation after receipt of positive favourable final statement of the first level financial control on the utilisation of the resources granted for the project and information regarding the division of financing by project partners, if the financial beneficiary is the leading partner of the project.

28. The utilisation of State budget resources shall be accepted and updated according to the following procedures:

28.1. the Ministry shall accept the utilisation of the granted State budget resources in accordance with the utilisation schedule of the funding indicated in the contract regarding granting of the State budget financing, and shall make the relevant entries in the database;

28.2. the justification for the acceptance of the utilisation of State budget resources shall be the statement of the first level financial control;

28.3. the utilisation of the State budget resources shall be accepted, taking into account the proportion of the project financing sources referred to in Sub-paragraphs 7.2.1. and 10.2.1 of this Regulation and the expenditure approved in the statement of the first level financial control;

28.4. the State budget financing granted to a project shall be updated, taking into account the proportion of the project financing sources referred to in Paragraphs 7 and 10 of this Regulation (hereinafter - updated State budget financing):

28.4.1. if the difference between the amount of the State budget financing transferred to the account of the financial beneficiary and the amount of the updated State budget financing is positive, the financial beneficiary shall, within five working days after receipt of the notification of the Ministry regarding refund of resources, pay this difference into the account indicated in the notification; or

28.4.2. if the difference between the amount of the State budget financing transferred to the account of the financial beneficiary and the amount of the updated State budget financing is negative, the Ministry shall, within five working days after sending of the notification, pay the difference into the account of the financial beneficiary indicated in the contract regarding granting of the State budget financing.

29. If after entering into a contract regarding granting of the State budget financing, the part of the financial beneficiary in the project increases, the part of the State budget resources shall not be increased.

IV. Closing Provisions

30. State budget resources shall be granted to projects, in respect of which the co-financing contract has been entered into after 1 January 2008.

31. State budget resources which have been granted in accordance with Cabinet Regulation No. 752 of 15 September 2008, Procedures for Planning and Granting of State Budget Resources to the Financial Beneficiaries from the Republic of Latvia for Objective 3 of European Union Structural Funds "European Territorial Co-operation", shall be utilised in accordance with the procedures specified in Paragraphs 24, 25, 26, 27, 28 and 29 of this Regulation.

Prime Minister V. Dombrovskis

Minister for Regional Development
and Local Government E. Zalāns

 

Annex
Cabinet Regulation No. 890
11 August 2009

Submission
Regarding the Request of the State Budget Financing for the Financial Beneficiary from the Republic of Latvia for the Project of the Programme for Objective 3 of European Union Structural Funds "European Territorial Co-operation"

Project registration number

 

1. Information regarding the project partner (financial beneficiary):

1.1. name of the project partner (in Latvian)  
1.2. name of the project partner (in English)  
1.3. legal status of the project partner  
1.4. taxpayer registration date and number of the project partner  
1.5. operational basis (for example, order, by-law, articles of association)  
1.6. legal address  
1.7. office address  
1.8. contact person  
1.9. telephone number  
1.10. fax number  
1.11. e-mail address  

2. Information regarding the project:

2.1. title of the project (in Latvian)  
2.2. title of the project (in English)  
2.3. abbreviation of the title of the project  
2.4. objective of the project  
2.5. conformity of the project with the Territorial Co-operation Programme  
2.6. anticipated duration of the project implementation (in months)  
2.7. financing of the project partner in the project (EUR):  
2.7.1. ERDF co-financing  
2.7.2. national financing  

Note. A signed confirmation of the applicant regarding the solvency, financial stability, fulfilment of tax liabilities thereof and the veracity of the information provided thereby is appended in the annex.

Applicant

Date*

 

(given name, surname, signature*)

 

 * The details of the document "date" and "signature" shall not be completed if the electronic document has been prepared in accordance with the regulatory enactments regarding the drawing up of electronic documents.

Minister for Regional Development
and Local Government E. Zalāns

 


Translation © 2010 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Kārtība, kādā piešķir valsts budžeta līdzekļus Eiropas Savienības struktūrfondu 3.mērķa .. Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 890Adoption: 11.08.2009.Entry into force: 15.08.2009.Publication: Latvijas Vēstnesis, 129, 14.08.2009.
Language:
LVEN
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