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The translation of this document is outdated.
Translation validity: 08.01.2015.–21.04.2016. Amendments not included: 19.04.2016., 03.10.2017., 26.06.2018.
Procedures by Which the Institutions Involved in the Management of the European Union Structural Funds and the Cohesion Fund Ensure Preparation of Planning Documents and Implementation of These Funds during the 2014-2020 Programming PeriodIssued pursuant to I. General Provisions1. The Regulation prescribes the procedures by which the institutions involved in the management of the European Union Structural Funds and the Cohesion Fund (hereinafter - the European Union funds) shall ensure preparation of planning documents and implementation of these funds, including: 1.1. the conditions for attracting co-operation partners of the European Union fund projects (hereinafter - the project); 1.2. the institutions responsible for coordination of the horizontal principles referred to in Articles 7 and 8 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (hereinafter - Regulation No 1303/2013), as well as the rights and obligations of the abovementioned institutions; 1.3. the procedures for selecting project applications; 1.4. the content of the project application selection regulations; 1.5. the procedures for evaluating the compliance of a project applicant with the exclusion provisions referred to in Section 23 of the Law on Management of European Union Structural Funds and the Cohesion Fund for the 2014-2020 Programming Period (hereinafter - the Law); 1.6. the procedures for evaluating and approving a major project (within the meaning of Article 100 of Regulation No 1303/2013) application; 1.7. the content of a civil legal contract (hereinafter - the contract) and an agreement regarding project implementation (hereinafter - the agreement); 1.8. the procedures for concluding the contract and agreement and making amendments thereto; 1.9. the procedures for evaluating cost effectiveness of the project. 2. Chapters IV and V of this Regulation, as well as Annexes 1, 2. and 3 thereto shall not apply to financial instruments and funds of funds. 3. By remaining responsible for the project implementation, achievement of objectives, eligibility of expenditure, as well as transfer of payments and performance of a procurement procedure, the beneficiary of the European Union fund (hereinafter - the beneficiary) may involve a co-operation partner in the project implementation which complies with the following conditions: 3.1. complies with the requirements laid down in the regulatory enactment regarding implementation of a specific objective; 3.2. becomes involved in the project implementation with the property in the holding or ownership thereof, intellectual property, funding, or human resources thereof. Such investments may not result in such legal relationship between the beneficiary and the co-operation partner which would lead to the conformity of such transaction with the indications of a public procurement contract in accordance with the Public Procurement Law or the Law on the Procurement of Public Service Providers, or to the application of the laws and regulations to the transaction regarding a procurement procedure and the procedures for application thereof to the projects funded by the contracting authority. 3.1 The co-operation partner is not entitled to transfer the rights and obligations related to the project implementation to another person. [3 October 2017] 4. Upon implementing a project in co-operation with the co-operation partner referred to in Paragraph 3 of this Regulation the beneficiary shall: 4.1. conclude a co-operation agreement with the co-operation partner unless the regulatory enactment regarding implementation of a specific objective provides for otherwise, and ensures that the co-operation partner complies with the requirements laid down for the project implementation; 4.2. not delegate responsibility to the co-operation partner for the obligations of the beneficiary specified in Section 18, Paragraph one of the Law, as well as for the submission of payment requests to the Co-operation Institution. 5. The beneficiary shall include at least the following information in the co-operation agreement: 5.1. the details of the co-operation partner and the beneficiary; 5.2. the obligations and rights of the co-operation partner; 5.3. the planning for the funding of the co-operation partner; 5.4. the time period for the storage of documents related to the project implementation; 5.5. the procedures for suspending and continuing the disbursement of the allocated financial resources, as well as for recovering thereof; 5.6. the period of validity of the contract or agreement, the procedures for amending and terminating it; 5.7. action in the case of force majeure; 5.8. the procedures for settling disputes; 5.9. the information regarding legal ownership of property or fixed assets and ownership of the values created or purchased as a result of the project implementation, as well as the procedures for maintaining and using them. 6. The Ministry of Environmental Protection and Regional Development shall analyse the territorial mapping of the specific objectives prepared by the Responsible Institutions in accordance with the Regional Policy Guidelines 2013-2019 by evaluating the mutual effect and impact of the abovementioned objectives on territorial development, as well as the conformity thereof with the objectives and investment plans identified in the development programmes of local governments, providing proposals for the implementation of specific objectives to the Responsible Institutions, the Managing Authority, and the ministries responsible for sectoral policies. II. Horizontal Principles7. The following institutions shall be responsible for coordination (monitoring of implementation) of the horizontal principles: 7.1. the Ministry of Welfare - for the horizontal principle "Equal opportunities" (Article 7 of Regulation No 1303/2013); 7.2. the Ministry of Environmental Protection and Regional Development - for the horizontal principle "Sustainable development" (Article 8 of Regulation No 1303/2013); 8. The institutions responsible for the monitoring of implementation of the horizontal principles shall have the following obligations: 8.1. to develop methodological materials regarding the monitoring of implementation of the relevant horizontal principles, to provide advisory and methodological support related to the monitoring of implementation of the relevant horizontal principle in the relevant areas of the specific objectives; 8.2. to provide opinions on the draft planning documents of the European Union funds, draft laws and regulations in the area of the European Union funds, and to provide opinions to the monitoring committee and sub-committee on the draft criteria for evaluation of project applications related to the horizontal principles; 8.3. to perform an analysis regarding the conformity of contribution of the European Union funds with the relevant horizontal principles and the achievement of horizontal indicators in implementation of the operational programme, and to submit a summary of results of the abovementioned analysis to the Managing Authority. 9. The institutions responsible for the monitoring of implementation of the horizontal principles have the right to request and receive information from the institutions involved in the management of the European Union funds and the sectoral ministries which is necessary for the implementation of the horizontal principles (if the abovementioned information is not available in the Cohesion Policy Funds Management Information System for 2014-2020), and to provide substantiated proposals for more efficient implementation of the horizontal principles to the institutions involved in the management of the European Union funds. III. Preparation, Approval of and Making of Amendments to the Planning Documents of the European Union Funds10. The Managing Authority shall, in co-operation with the partners specified in Articles 3 and 4 of the Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (hereinafter - Regulation No 240/2014) and the institutions involved in the management of the European Union funds, develop and submit planning documents of the European Union funds to the Cabinet - a draft partnership contract for the European Union investment funds for the 2014-2020 programming period (hereinafter - the partnership contract) and a draft operational programme "Growth and Employment" for the European Union Cohesion Policy Funds during the 2014-2020 programming period (hereinafter - the operational programme). 11. The Managing Authority shall ensure representation in negotiations with the European Commission regarding approval of the draft partnership contract and the draft operational programme. 12. Amendments shall be made to the partnership contract and the operational programme according to the following procedures: 12.1. members of the monitoring committee of the European Union Structural Funds and Cohesion Fund for the 2014-2020 programming period (hereinafter - the monitoring committee) shall prepare and submit proposals for the necessary amendments to the secretariat of the monitoring committee; 12.2. if the monitoring committee supports making of amendments, the Managing Authority shall ensure submission of the draft amendments to the Cabinet for approval. 13. The Managing Authority shall, within one month from taking of the decision by the Cabinet to approve amendments to the partnership contract, inform the European Commission thereof in accordance with Article 16(5) of Regulation No 1303/2013. 14. The Managing Authority shall, within one month from taking of the decision by the Cabinet to approve amendments to the operational programme, inform the European Commission thereof in accordance with Article 96(11) of Regulation No 1303/2013. IV. Project Application Selection and Conclusion of the Contract and Agreement15. The Co-operation Institution shall develop the project application selection regulations. They shall contain at least the following information: 15.1. the number and name of the specific objective; 15.2. the measure of the specific objective (if applicable); 15.3. the project application selection round of the specific objective or measure (if applicable); 15.4. the type of implementation of the project application selection in accordance with the regulatory enactment regarding implementation of a specific objective; 15.5. the funding from the European Union fund available for the project application selection, the maximum aid intensity, and the necessary co-funding in accordance with the regulatory enactment regarding implementation of a specific objective; 15.6. a reference to the requirements for a project applicant included in the regulatory enactment regarding implementation of a specific objective; 15.7. the start and end dates for the submission of project applications; 15.8. the procedures for drawing up and submitting project applications; 15.9. the project application form; 15.10. a reference to the methodology for the completion of the project application form; 15.11. a list of documents to be submitted additionally; 15.12. the criteria for the evaluation of project applications approved by the monitoring committee; 15.13. the methodology for the application of the criteria for the evaluation of project applications; 15.14. the conditions that may be included in the decision to approve a project application conditionally; 15.15. the procedures for taking and communicating the decision; 15.16. the draft contract or the draft agreement. 16. The Co-operation Institution shall call for the project application selection according to the following procedures: 16.1. if the selection is open, the Co-operation Institution shall submit a notification to the official gazette Latvijas Vēstnesis regarding call for this selection, and, not later than on the day of calling for the selection, place the project application selection regulations on the website of the Co-operation Institution; 16.2. if the selection is restricted, the Co-operation Institution shall send to the project applicants specified in the regulatory enactment regarding implementation of a specific objective an invitation to submit project applications by informing the Responsible Institution, and place the project application selection regulations on the website of the Co-operation Institution on the day of sending the invitation. [3 October 2017] 17. The project application evaluation commission shall, at the end of the deadline for the submission of project applications, evaluate project applications according to the criteria for evaluation of project applications by following the methodology for the application of the criteria for evaluation of project applications. If the project application selection is restricted, the project application evaluation commission may start evaluating a project application directly after receipt thereof. [3 October 2017] 18. If within a framework of restricted project application selection the Co-operation Institution has taken a decision to reject a project application, it has the right to invite the project applicant to re-submit a project application once after co-ordination with the Responsible Institution. 19. The Co-operation Institution shall clarify the project application standard format (Annex 1) prior to inclusion thereof in the project application selection regulations in conformity with the requirements for the specific objective. The project application standard format shall not apply to a major project application. 20. A draft contract or a draft agreement attached to the project application selection regulations may be clarified according to the characteristics of the project during the process of conclusion of the contract or agreement respectively. 21. Upon performing the tasks delegated in accordance with Section 10, Paragraph two, Clause 17 of the Law, a city local government shall be under functional subordination of the Minister for Finance. The Minister for Finance shall implement the functional subordination with the intermediation of an authorised official (the head of the Managing Authority). 22. The Managing Authority in the project application selections regarding specific objectives and measures thereof which are implemented in accordance with Article 7(4) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional Development Fund and on specific provisions concerning the Investment for growth and jobs goal and repealing Regulation (EC) No 1080/2006 (EC) (hereinafter - Regulation No 1301/2013), has the right to, in accordance with Article 7(5) of Regulation No 1301/2013, randomly conduct the final inspection regarding the conformity of a project application with the regulatory enactment regarding implementation of a specific objective and the criteria for evaluation of project applications. 23. The Managing Authority may delegate the Co-operation Institution to conduct the final inspection referred to in Paragraph 22 of this Regulation. 24. The Managing Authority or the Co-operation Institution shall, within 20 working days after receipt of the information regarding results of the evaluation of project applications from a city local government, provide an opinion on the final inspection conducted in accordance with Paragraph 22 of this Regulation. The city local government shall take a decision to approve, to approve conditionally or to reject a project application, or provide an opinion on the fulfilment of the conditions contained in the decision, taking into account the objections expressed in the opinion by the Managing Authority or the Co-operation Institution. [3 October 2017] 25. The Co-operation Institution and the beneficiary shall conclude a contract or an agreement within 30 working days from the moment when the decision to approve the project application or the opinion on the fulfilment of the conditions contained in the decision has entered into effect. 26. Upon a reasoned request of the beneficiary or due to other objective circumstances the Co-operation Institution may extend the deadline for the conclusion of the contract or the agreement referred to in Paragraph 25 of this Regulation which overall from the moment when the decision to approve the project application or the opinion on the fulfilment of the conditions contained in the decision has entered into effect does not exceed 60 working days. If the beneficiary fails to conclude the contract or the agreement within the specified deadline, conclusion of the abovementioned contract or the agreement shall not be acceptable. 27. After taking of the decision to approve a project application or provision of the opinion on the fulfilment of the conditions but prior to conclusion of the contract or the agreement, the beneficiary or the Co-operation Institution may clarify the information specified in the project application, if it is not current without changing the project application in essence. Clarifications shall be made without exceeding the deadline referred to in Paragraphs 25 and 26 of this Regulation. V. Procedures for Assessing Conformity of the Project Applicant with the Exclusion Provisions28. The Co-operation Institution shall conduct an inspection of the conformity of a project applicant with the exclusion provisions of project applicants specified in Section 23 of the Law (except for the provision referred to in Section 23, Paragraph one, Clause 5 of the Law) at the moment of submitting the project application regarding each project applicant to which the exclusion provisions of project applicants specified in Section 23 of the Law apply. 29. In order to inspect whether any of the criminal offences and violations referred to in Section 23, Paragraph one, Clauses 1, 2, and 3 of the Law for which the person referred to in Paragraph one of the relevant Section has been punished in Latvia, refers to a project applicant, or the facts referred to in Section 23, Paragraph one, Clause 4 of the Law have occurred, the Co-operation Institution shall, using the State information system integrator which is under the supervision and responsibility of the State Regional Development Agency, obtain information from the information systems of the Punishment Register and of the Enterprise Register of the Republic of Latvia to the following extent: 29.1. regarding the violations and criminal offences referred to in Section 23, Paragraph one, Clauses 1, 2, and 3 of the Law - from the Information Centre of the Ministry of the Interior (the Punishment Register). The Co-operation Institution is entitled to receive the abovementioned information from the Information Centre of the Ministry of the Interior (the Punishment Register) without consent of the project applicant and other persons referred to in Section 23, Paragraph one, Clause 1 of the Law; 29.2. regarding the facts referred to in Section 23, Paragraph one, Clause 4 of the Law - from the Enterprise Register of the Republic of Latvia (the Information System of the Enterprise Register). [19 April 2016] 30. The information referred to in Paragraph 29 of this Regulation shall be provided to the Co-operation Institution (a sample form - in Annex 2 to this Regulation) by the manager of the State information system integrator (the State Regional Development Agency). 31. The Information Centre of the Ministry of the Interior (the Punishment Register) shall provide information regarding violations of the Criminal Law, the Competition Law, and the Administrative Violations Code referred to in Annex 3 to this Regulation. 32. If it is impossible for the Co-operation Institution to obtain this information due to technical reasons by using the State information system integrator, the Co-operation Institution shall request the relevant information from the State institutions referred to in Paragraph 29 of this Regulation. VI. Procedures for Evaluating and Approving a Major Project Application33. The Co-operation Institution shall invite a project applicant, and a project applicant shall submit a major project application to the Co-operation Institution in accordance with Article 101 of Regulation No 1303/2013, as well as in conformity with the requirements laid down in the project application selection regulations and the regulatory enactment regarding a specific objective. 34. In accordance with Article 101(3) of Regulation No 1303/2013, the Managing Authority shall ensure that an independent expert (hereinafter - the independent expert) supported by technical assistance provided by the European Commission is involved in the quality review of the major project application. 35. The Managing Authority within five working days after receipt of the evaluation from the independent expert shall send to the Co-operation Institution the Managing Authority's opinion on the major project application together with the expert evaluation. 36. The Co-operation Institution shall, on the basis of the opinion provided by the project application selection commission, take an interim decision to support, to support conditionally or to reject the major project application. 37. The Co-operation Institution shall take an interim decision to support the major project application for the submission to the European Commission, if the following conditions have been met: 37.1. the exclusion provisions referred to in Section 23 of the Law do not apply to the project applicant (if applicable); 37.2. the project application conforms to the criteria for evaluation of project applications; 37.3. the Managing Authority, on the basis of a positive evaluation by the independent expert, has reconciled the major project application. 38. An interim decision to support a major project application conditionally shall be taken if the project applicant must perform the activities specified by the Co-operation Institution to ensure that the major project application fully conforms to the criteria for evaluation of project applications and the project could be implemented appropriately. Conditions shall be included in the decision and meeting thereof shall be controlled according to the project application selection regulations. 39. A decision to reject a major project application shall be taken if at least one of the following conditions has set in: 39.1. at least one of the exclusion provisions referred to in Section 23 of the Law applies to the project applicant; 39.2. the Managing Authority, on the basis of a negative evaluation provided by the independent expert, has not reconciled the major project application; 39.3. the European Commission takes a negative decision on the major project application in accordance with Article 102(4) of Regulation No 1303/2013. 40. If the project applicant fails to meet the conditions contained in the interim decision to support the major project application conditionally, or fails to meet them within the deadline specified in the interim decision, the Co-operation Institution may re-take an interim decision to support the major project application conditionally in accordance with Paragraph 38 of this Regulation. 41. If the Co-operation Institution takes an interim decision to support the major project application, it shall, within five working days after taking of the abovementioned decision, submit the major project application to the Managing Authority. 42. The Managing Authority shall, within five working days after receipt of the major project application from the Co-operation Institution, submit it to the European Commission in accordance with Article 102(1) of Regulation No 1303/2013. 43. If the European Commission approves the major project application in accordance with the second subparagraph of Article 102(1) of Regulation No 1303/2013, the Co-operation Institution shall take a decision to approve the major project application and, in accordance with the procedures referred to in Chapter IV of this Regulation, conclude a contract or agreement regarding implementation of the major project. 44. If the opinion of the European Commission on the conformity of the major project includes conditions the meeting of which must be ensured during implementation of the major project, the Co-operation Institution and the beneficiary shall include the abovementioned conditions in the content of the contract or the agreement regarding implementation of the major project. VII. Content of the Contract and Agreement45. The Co-operation Institution shall include at least the following information in the content of the contract or agreement: 45.1. the details of the Co-operation Institution and the beneficiary; 45.2. the rights and obligations of the Co-operation Institution and the beneficiary; 45.3. the conditions of co-operation between the beneficiary and its co-operation partners (if applicable); 45.4. the time period in which the disbursements made may be considered eligible; 45.5. the procedures for preparing, submitting, examining, and approving the information regarding the payment request of the European Union fund, and the information necessary for the monitoring and evaluation of the project implementation; 45.6. the amount of the funding from the European Union fund and State budget and the procedures for disbursing thereof; 45.7. the procedures for performing monitoring, controls, and other inspections of the project implementation; 45.8. the procedures for submitting notifications related to the performance of the contract or agreement, and the procedures for recognising them as binding; 45.9. the time period for the storage of documents related to the project implementation; 45.10. the procedures for suspending and continuing disbursement of the allocated financial resources, as well as for recovering thereof; 45.11. the period of operation of the contract or agreement, the procedures for amending and terminating thereof; 45.12. action in the case of force majeure; 45.13. the procedures for settling disputes. 46. The Co-operation Institution shall, in addition to the information referred to in Paragraph 45 of this Regulation, include in the contract the provisions regarding contract law reinforcements and sanctions. 47. The project shall be attached as an annex to the contract or agreement, and it shall become an integral part of the contract or agreement. VIII. Making of Amendments to the Contract or Agreement48. If after conclusion of the contract or agreement any amendments are required thereto, the Co-operation Institution or the beneficiary shall propose amendments to the contract or agreement. 49. If the basic data (contact information, legal address) of the beneficiary or Co-operation Institutions have changed, the Co-operation Institution or the beneficiary shall take note of this after receipt of the notification and integrate this information into the content of the contract or agreement through future amendments to the contract or agreement. [3 October 2017] 50. After examining the final payment request of the project the Co-operation Institution shall notify the beneficiary of the final amount of funding applicable to the project. 51. If amendments are required to the contract or agreement (including extension of the deadline for the project implementation), amendments shall be made according to the following procedures: 51.1. the beneficiary shall submit a proposal for amendments to the Co-operation Institution; 51.2. the Co-operation Institution shall, within 20 working days after receipt of the proposal for amendments, consider efficiency, validity, and necessity of the submitted amendments to achieve the initial objective of the project, and make the relevant amendments to the contract or agreement or reject the proposal for amendments, informing the beneficiary thereof; 51.3. if the Co-operation Institution rejects the proposal for amendments, it shall specify a reason for this rejection or, if necessary, the information regarding adjustments to be made to the proposal for amendments and the procedures for re-submitting it; 51.4. if, in accordance with Sub-paragraph 51.3 of this Regulation, adjustments are to be made to the proposal for amendments, the deadline for examination shall be extended by the time period necessary for submission and examination of adjustments which does not exceed 20 working days from the moment of submitting adjustments to amendments. [3 October 2017] 51.1 Upon considering efficiency, validity, and necessity of the submitted amendments to achieve the initial objective of the project, the Co-operation Institution shall take into account that the deadline for the project implementation provided for in provisions of the relevant contract or agreement may be extended by an overall time period of up to six months, retaining the co-funding from the European Union fund and the co-funding from the State budget, if such is provided for in the regulatory enactment regarding implementation of a specific objective. [26 June 2018 / Paragraph shall come into force on 1 September 2018. See Paragraph 57] 51.2 By 1 February of the current year the beneficiary has the right to update the planned schedule for submission of payment requests of the current year according to the procedures specified in the contract or in the conditions of the agreement. [26 June 2018 / Paragraph shall come into force on 1 September 2018. See Paragraph 57] 51.3 If the Co-operation Institution establishes a decrease in the amount of the actual incurred expenditure and the payment requests submitted to the Co-operation Institution in the previous calendar year which exceeds 25 % of the amount provided for in the planned schedule for submission of payment requests and updated in accordance with the procedures laid down in Paragraph 51.2 of this Regulation, it shall reduce the co-funding from the European Union fund and the State budget, if such is provided for in the project, by the difference which exceeds 25 % of the amount provided for in the planned schedule for submission of payment requests. The Co-operation Institution shall notify the beneficiary of the decision taken, informing the Responsible Institution thereof. [26 June 2018 / Paragraph shall come into force on 1 September 2018. See Paragraph 57] 51.4 The Co-operation Institution may extend the deadline for the project implementation by the time period which exceeds the six-month period referred to in Paragraph 51.1 of this Regulation, or reconcile changes exceeding the amount specified in Paragraph 51.3 of this Regulation, if one of the following cases sets in: 51.4 1. upon implementing the project, a saving has occurred; 51.4 2. upon implementing the project, the procurement made within the framework of the project has been terminated without results, as: 51.4 2.1. no tender or application of a tenderer has been submitted; 51.4 2.2. the submitted tenders or applications fail to conform to the requirements laid down in the procurement procedure documents; 51.4 2.3. the contract price specified in the submitted tenders or applications significantly exceeds the estimated contract price within the framework of the project; 51.4 3. the supplier with whom a procurement contract has been concluded within the framework of the project has been declared insolvent or an application has been submitted with the court to initiate insolvency proceedings of the supplier; 51.4 4. the supplier with whom a procurement contract has been concluded within the framework of the project ceases performance of the abovementioned contract without a legal ground; 51.4 5. the procurement contract concluded within the framework of the project is terminated, and a new procurement procedure is conducted, if the supplier delays fulfilment of contractual obligations of the contract concluded within the framework of the project or fulfils contractual obligations insufficiently; 51.4 6. force majeure circumstances have occurred; 51.4 7. the Cabinet has taken a decision to extend the deadline referred to in Paragraph 51.1 of this Regulation or to support such changes which exceed the extent specified in Paragraph 51.3 of this Regulation. [26 June 2018 / Paragraph shall come into force on 1 September 2018. See Paragraph 57] 51.5 If none of the conditions referred to in Paragraph 51.4 of this Regulation has set in for extension of the deadline for the project implementation by the time period which exceeds the six-month period referred to in Paragraph 51.1 of this Regulation, the beneficiary has the right to complete implementation of the relevant project at its own cost within the deadline reconciled with the Co-operation Institution. [26 June 2018 / Paragraph shall come into force on 1 September 2018. See Paragraph 57] 52. The Responsible Institution has the right to reconcile amendments to the contract or agreement in the cases specified in an interdepartmental agreement concluded between the Responsible Institution and the Co-operation Institution. IX. Efficiency Evaluation of Project Costs53. This Chapter and Annex 4 to Annex 1 to this Regulation shall apply to the projects which generate net revenue in accordance with Article 61 of Regulation No 1303/2013. 54. If the regulatory enactment regarding implementation of a specific objective stipulates that the potential net revenue from the project is calculated, using the method of calculation of the discounted net revenue of the project in accordance with the first subparagraph of Article 61(3)(b) of Regulation No 1303/2013, the project applicant shall perform a financial analysis of the projects referred to in Article 61 of Regulation No 1303/2013 by completing Annex 4 to Annex 1 to this Regulation. 55. In order to ensure a possibility to compare projects within the framework of one project application selection round of a specific objective or measure, the Co-operation Institution shall include information in the project application selection regulations specifying where, starting from the day when the project application selection round is called for, the project applicant may access the current macroeconomic assumptions and forecasts in accordance with the laws and regulations in the area of public and private partnership which the project applicant has an obligation to use when preparing a project application within the framework of a specific project application selection round. 56. The macroeconomic assumptions and forecasts referred to in Paragraph 55 of this Regulation shall be applied during preparation, evaluation, approval of a project application and project implementation within the framework of the relevant project application selection round. X. Closing Provisions[26 June 2018] 57. Paragraphs 51.1, 51.2, 51.3, 51.4, and 51.5 of this Regulation shall come into force on 1 September 2018. [26 June 2018] 58. Proposals for amendments to the contract or agreement submitted to the Co-operation Institution by 31 August 2018 shall be examined without taking into account the restrictions referred to in Paragraphs 51.1, 51.2, 51.3, 51.4, and 51.5 of this Regulation. [26 June 2018] Prime Minister Laimdota Straujuma Minister for Transport Anrijs Matīss
Revised by the Ministry of Finance Annex 1 [3 October 2017; 26 June 2018]
certify that at the moment of submitting the project application, 1) the project applicant does not comply with any of the exclusion provisions of project applicants referred to in Section 23, Paragraph one of the Law on Management of European Union Structural Funds and the Cohesion Fund for the 2014-2020 Programming Period; 2) the project applicant has sufficient and stable financial resources at his or her disposal (not applicable to the State budget institutions); 3) the information provided in the project application and annexes thereto is true and the co-funding from the European Union fund requested for project implementation will be used according to the information provided in the project application; 4) no reasons are known for which this project could not be implemented or implementation thereof could be delayed, and I confirm that it is possible to meet the obligations specified in the project within the deadlines specified in the regulatory enactment regarding implementation of a specific objective or measure thereof; I am aware that the project may not be approved for co-funding from the European Union fund if the project application, including this section, is not completed fully and completion thereof is not of sufficient quality, as well as if the funding from the European Union fund planned in the laws and regulations regarding implementation of a specific objective or measure thereof (for the current year/programming period) has been spent at the moment of approval of the project. I am aware that in the case of providing false information in the statement, sanctions of administrative nature may be imposed against both me and the abovementioned legal person - project applicant. I am aware that in the case of an increase in the project costs the project applicant covers all the costs which may be incurred as a result of fluctuations in costs. I certify that I have become acquainted with the conditions of the specific objective or measure thereof within the context of the relevant European Union fund, and the requirements laid down in the selection regulations. I agree to the processing of the data provided in the project application in the Cohesion Policy Funds Management Information System for 2014-2020, and transfer thereof to other State information systems. I certify that the copies attached to the project application correspond to the originals of the documents at my disposal, and the copies and electronic version of the project application correspond to the original of the project application submitted. I am aware that the project will have to be implemented according to the activities provided for in the project application, and the results will have to be maintained according to the information provided in the project application.
*if the project application form is submitted to the Cohesion Policy Funds Management Information System for 2014-2020 or with an electronic signature, the signature section need not be completed.
Annex 1
[1] If in accordance with the Cabinet regulation regarding the implementation of a specific objective, project-supported activities have been conducted prior to approval of the project application, they shall be marked with "P", while the activities planned after approval of the project application shall be marked with "X". [2] The project activity number shall match the project activity number indicated in Section 1.5 "Project activities and results to be achieved" in the project application.
Annex 2
Annex 3
*Items of costs shall be indicated in accordance with the items of eligible costs specified in the regulatory enactment regarding implementation of a specific objective of the European Union fund. **If cost of one unit is applied to the item of costs, "yes" shall be indicated, if not, the column need not be completed (it shall be left blank). ***In the case of lease, the unit of measurement shall be indicated with a time parameter (/per year or /per month).
Annex 4
Minister for Transport Anrijs Matīss
Revised by the Ministry of Finance Annex 2 Electronic Inquiry Forms<Date> e-STATEMENT Data of the person to be verified: <For legal persons: «name of legal person», registration No. «Registration number of legal person», or for natural persons: «Given name, surname of natural person» personal identity number «personal identity number of natural person»>. The Enterprise Register contains the following data regarding legal protection proceedings, insolvency proceedings (including bankruptcy, court-supervised administration or settlement) of the person to be verified, < For legal persons: liquidation proceedings, insolvency, legal protection proceedings, suspended or terminated economic activity, legal proceedings regarding bankruptcy, applied court-supervised administration or settlement>: <date and description>. Validity of the information inquiry: <Law><Section of the Law>. Statement is prepared electronically and is valid without a signature Verification code of the e-statement authenticity: <code of 7 symbols> If the information which has been obtained from a database or other sources with regard to the person to be verified does not correspond to the actual situation, the relevant person is entitled to submit a statement or another document regarding the relevant fact to the person requesting the e-statement. <Date> e-STATEMENT Data of the person to be verified: <For legal persons: «name of legal person», registration No. «Registration number of legal person», or for natural persons: «Given name, surname of natural person» personal identity number «personal identity number of natural person»>. The Enterprise Register does not contain the current data regarding legal protection proceedings, insolvency proceedings (including bankruptcy, court-supervised administration or settlement) of the person to be verified, < For legal persons: liquidation proceedings, insolvency, legal protection proceedings, suspended or terminated economic activity, legal proceedings regarding bankruptcy, applied court-supervised administration or settlement >. Validity of the information inquiry: <Law><Section of the Law>. Statement is prepared electronically and is valid without a signature Verification code of the e-statement authenticity: <code of 7 symbols> If the information which has been obtained from a database or other sources with regard to the person to be verified does not correspond to the actual situation, the relevant person is entitled to submit a statement or another document regarding the relevant fact to the person requesting the e-statement. <Date> e-STATEMENT Person with regard to whom the Punishment Register of the Information Centre of the Ministry of the Interior of the Republic of Latvia contains information regarding violations of laws and regulations: <For legal persons: «name of legal person», registration No. «Registration number of legal person», or for natural persons: «Given name, surname of natural person» personal identity number «personal identity number of natural person»>. The person has not committed such violations of laws and regulations (or the person has committed a violation of the competition law but has been released from the fine or the fine has been reduced due to his or her co-operation within the framework of leniency programme) due to which the project application submitted by the project applicant should be rejected, or a decision by the competent authority, a punishment prescription of a prosecutor or a court judgement regarding violations of laws and regulations due to which project application submitted by the project applicant should be rejected, has not entered into effect, become incontestable and unappealable and with regard to which the limitation period specified in Section 23, Paragraph two of the Law on Management of European Union Structural Funds and the Cohesion Fund for the 2014-2020 Programming Period has not expired. Validity of the information inquiry: <Law> <Section of the Law>. Statement is prepared electronically and is valid without a signature Verification code of the e-statement authenticity: <code of 7 symbols> If the information which has been obtained from a database or other sources with regard to the person to be verified does not correspond to the actual situation, the relevant person is entitled to submit a statement or another document regarding the relevant fact to the person requesting the e-statement. <Date> e-STATEMENT Person with regard to whom the Punishment Register of the Information Centre of the Ministry of the Interior of the Republic of Latvia contains information regarding violations of laws and regulations: <For legal persons: «name of legal person», registration No. «Registration number of legal person», or for natural persons: «Given name, surname of natural person» personal identity number «personal identity number of natural person»>. Violations of laws and regulations by the person (except for the cases of violations of the competition law where the person has been released from the fine or the fine has been reduced due to his or her co-operation within the framework of leniency programme) due to which the project application submitted by the project applicant should be rejected with regard to which a decision by the competent authority, a punishment prescription of a prosecutor or a court judgement has entered into effect and become incontestable and unappealable, and with regard to which the limitation period specified in Section 23, Paragraph two of the Law on Management of European Union Structural Funds and the Cohesion Fund for the 2014-2020 Programming Period has not expired.
Validity of the information inquiry: <Law><Section of the Law>. Statement is prepared electronically and is valid without a signature Verification code of the e-statement authenticity: <code of 7 symbols> If the information which has been obtained from a database or other sources with regard to the person to be verified does not correspond to the actual situation, the relevant person is entitled to submit a statement or another document regarding the relevant fact to the person requesting the e-statement. <Date> NOTIFICATION Person with regard to which information is requested: <For legal persons: «name of legal person», registration No. «Registration number of legal person», or for natural persons: «Given name, surname of natural person» personal identity number «personal identity number of natural person»>. Information regarding this person is not collected in the <name of register>. Statement is prepared electronically and is valid without a signature Verification code of the e-statement authenticity: <code of 7 symbols> <Date> NOTIFICATION Person with regard to which information is requested: <For legal persons: «name of legal person», registration No. «Registration number of legal person», or for natural persons: «Given name, surname of natural person» personal identity number «personal identity number of natural person»>. Information from <name of register> for preparation of e-statement regarding <name of statement> has not been received. Re-request the electronic statement or ask to provide the necessary information to the relevant manager. Statement is prepared electronically and is valid without a signature Verification code of the e-statement authenticity: <code of 7 symbols> Minister for Transport Anrijs Matīss
Annex 3 Legal Norms to be Verified in the Punishment Register for the Purposes of Electronic Statements
Minister for Transport Anrijs Matīss Translation © 2019 Valsts valodas centrs (State Language Centre) |
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Title: Kārtība, kādā Eiropas Savienības struktūrfondu un Kohēzijas fonda vadībā iesaistītās institūcijas ..
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