Procedures for the Implementation, Assessment and Financing of Regional Development Support Measures

Issued pursuant to
Section 14, Clause 2 of the Regional Development Law

I. General Provisions

1. This Regulation prescribes the procedures for the implementation, assessment and financing of regional development support measures.

2. Within the meaning of this Regulation the implementation, assessment and financing of the regional development support measures shall be the coordination, implementation and monitoring of the European Structural and Investment Funds for 2014-2020 (European Regional Development Fund, European Social Fund, Cohesion Fund, European Agricultural Fund for Rural Development, and European Maritime and Fisheries Fund), the European territorial and cross-border cooperation programme and of other investments in accordance with the financing principles of the regional policy stipulated in the Regional Development Law.

3. In order to ensure the coordination, implementation and monitoring of the investments referred to in Paragraph 2 of this Regulation in accordance with the financing principles of the regional policy, the Regional Development Coordination Council (hereinafter - the Council) shall be established, composed of one representative with the right to vote from the Ministry of Environmental Protection and Regional Development, the Ministry of Finance, the Ministry of Education and Science, the Ministry of Welfare, the Ministry of Economics, the Ministry of Culture, the Ministry of Transport, the Ministry of Health, the Ministry of Agriculture, the Cross-Sectoral Coordination Centre, the Latvian Association of Local and Regional Governments, the Latvian Association of Large Cities, the Association of Regional Development Centres, the Association of Municipalities, each planning region, the Employers' Confederation of Latvia and the Latvian Chamber of Commerce and Industry. The personnel of the Council shall be approved by the Minister for Environmental Protection and Regional Development. While carrying out the obligations referred to in this Regulation, the Council shall be under functional supervision of the Minister for Environmental Protection and Regional Development.

4. The Deputy State Secretary in regional development issues of the Ministry of Environmental Protection and Regional Development shall be the Head of the Council.

II. The Competence of the Council in the Implementation, Assessment and Financing of Regional Development Support Measures

5. The Council shall:

5.1. examine and coordinate the investment plans of development programmes (hereinafter - the investment plan) submitted by local governments of development centres of national and regional importance by assessing compliance thereof with the development programmes of local governments and ensuring compliance thereof with the principles of an integrated approach, as well as examine the concepts of project ideas submitted by local governments which do not include development centres of regional importance (local governments of 89 municipalities);

5.2. examine and coordinate the project ideas submitted by local governments by ensuring compliance thereof with the laws and regulations regarding the granting, administration and monitoring of specific support objective of the operational programme "Growth and Employment" for 2014-2020 for the European Union funds, as well as with the planning documents and development programmes of local governments for the European Union Structural Funds and the Cohesion Fund for the programming period 2014-2020;

5.3. assess all types of the planned and made investments in the territories by creating preconditions for coordinated implementation of investment projects important to the development of all local governments and for balanced development of the territories, including preventing the risk of overlap of financial sources.

6. In order to implement the functions referred to in Paragraph 5 of this Regulation, the Council shall perform the following tasks:

6.1. examine an opinion of the relevant planning region (planning region where the local government is located) regarding compliance of the project ideas submitted by the local government with the priorities of the planning region;

6.2. examine opinions provided by the Ministry of Environmental Protection and Regional Development and sectoral ministries regarding compliance of an investment plan of the local government or amendments thereto with the planning documents and developed implementation conditions of the European Union Structural Funds and the Cohesion Fund;

6.3. in accordance with the opinions referred to in Sub-paragraphs 6.1 and 6.2 of this Regulation, take a decision on the following:

6.3.1. the compliance of investment plans of development centres of national importance with Article 7.1 of Regulation (EU) No. 1301/2013 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 (information regarding economic, social, demographic, environmental and climate challenges affecting urban areas, as well as urban-rural linkages, an investment plan with a section for an integrated territorial investment);

6.3.2. the amount of financing of the European Regional Development Fund and the outcome indicators to be reached of project ideas (priority and alternative) of the specific support objective 3.3.1 "To increase the amount of private investment in the regions by making investment for entrepreneurship development according to the economic specialisation of territories determined in the development programmes of local governments, as well as on the basis of local entrepreneurs' needs" (hereinafter - the specific support objective 3.3.1), 4.2.2 "To facilitate an increase in energy efficiency and use of renewable energy in buildings of local governments according to the integrated development programmes of local governments" (hereinafter - the specific support objective 4.2.2), 5.6.2 "Revitalisation of territories through regeneration of degraded territories according to the integrated development programmes of local governments" (hereinafter - the specific support objective 5.6.2), 8.1.2 "To improve learning environment of general educational institutions" (hereinafter - the specific support objective 8.1.2), 8.1.3 "To increase the number of modernised vocational educational institutions" (hereinafter - the specific support objective 8.1.3), and the measure 9.3.1.1 "Development of service infrastructure for the implementation of de-institutionalisation plans" of the specific support objective 9.3.1 "To develop the service infrastructure for childcare in a family environment and for independent life of persons with disabilities and their integration into society" (hereinafter - the measure 9.3.1.1 of the specific support objective 9.3.1) included in the integrated territorial investment of investment plans for local governments of development centres of national importance for each submitter of a project (within the framework of each specific support objective of integrated territorial investment) by assessing the compliance of the project ideas included in the investment plan with the relevant goals of the specific support objective, the activities to be supported, the eligible costs, and the results to be achieved;

6.3.3. the amount of financing of the European Regional Development Fund and the outcome indicators to be reached of project ideas (priority and alternative) of investment plans for development centres of regional importance within the framework of the specific support objectives 3.3.1 and 5.6.2 by assessing the compliance of the project ideas included in the investment plan with the relevant goals of the specific support objective, the activities to be supported, the eligible costs, and the results to be achieved;

6.3.4. the amount of financing of the European Regional Development Fund and the outcome indicators to be reached of project ideas in local governments within the framework of the third selection stage of project applications regarding the specific support objective 5.6.2 on the basis of the annex to the Latgale Planning Region development programme;

6.4. examine and coordinate investment plans of the local government or amendments thereto but shall not take the following decisions:

6.4.1. to use the measure 9.3.1.1 of the specific support objective 9.3.1 prior to the approval of the regional de-institutionalisation plans, which have been developed within the framework of the measure 9.2.2.1 "De-institutionalisation" of the specific support objective 9.2.2 "To increase access to good quality social services as alternative for institutional care for persons with disabilities and children" (hereinafter - the measure 9.2.2.1 of the specific support objective 9.2.2), by the Social Services Development Council established by the Ministry of Welfare;

6.4.2. to use the support of the the specific support objective 8.1.2 prior to the preparation of the planned investment mapping of the European Union funds 2014-2020 in general education;

6.4.3. to use the support of the specific support objective 8.1.3 prior to the preparation of the planned investment mapping of the European Union funds 2014-2020 in vocational education, as well as preparation of the draft Cabinet Regulation regarding the implementation of the specific support objective 8.1.3;

6.4.4. to use the support of the specific support objective 4.2.2 with regard to local governments of municipalities (local governments of 110 municipalities) prior to the analysis of the needs, territorial mapping, approval of the criteria for the selection of projects and taking of a decision on pre-selection results of the concepts of project ideas regarding this specific support objective;

6.5. examine a summary prepared by the Ministry of Environmental Protection and Regional Development (according to the information provided by local governments) regarding additionality of project ideas of local governments by covering all specific support objectives, and take a decision on the following:

6.5.1. supplementary project ideas which require mutually related assessment, taking into consideration a time schedule for the approval of the Cabinet Regulation regarding the implementation of the specific support objective, advancing of the list and amount of indicative financing for approval at the Cabinet;

6.5.2. conditions (if necessary) which are included in the criteria for the assessment of supplementary project applications (in order to assess whether the project application contains the requirements determined in the decision of the Council) and which shall be followed with regard to supplementary projects during their implementation in order to ensure that the common objective of supplementary projects is reached;

6.6. take a decision on the concepts of project ideas to be supported as a result of pre-selection of the concepts of project ideas of the specific support objective 3.3.1 (for 89 local governments of municipalities which do not include development centres of regional importance) and the specific support objective 4.2.2 (for 110 local governments of municipalities), amount of their financing from the European Regional Development Fund and the outcome indicators to be reached;

6.7. coordinate amount of financing of the European Regional Development Fund and the outcome indicators to be reached of projects of investment plan for local governments outside development centres of national and regional importance (110 local governments of municipalities) within the framework of the specific support objectives 8.1.2 and 8.1.3 by assessing the compliance of the project ideas included in the investment plan with the relevant goals of the specific support objective, the activities to be supported, the eligible costs and the results to be achieved;

6.8. by coordinating the concept of a project idea of each local government within the framework of the measure 9.3.1.1 of the specific support objective 9.3.1, assess the compliance thereof with the goal of the measure 9.3.1.1 of the specific support objective 9.3.1, the activities to be supported and the results to be achieved, as well as compliance with the community-based service solution included in the regional de-institutionalisation plan, developed within the framework of the measure 9.2.2.1 of the specific support objective 9.2.2 and approved by the Social Services Development Council referred to in Sub-paragraph 6.4.1 of this Regulation (including a plan for the layout of services most appropriate for the persons of target groups, time schedule for the implementation of the service plan, amount of financing necessary for the implementation of the service plan, model for coordination of cooperation between local governments for development and provision of the planned social services (selected solution), if the necessary service is also accessible or planned in the administrative territory of another local government);

6.9. once a year examine the report prepared by the Ministry of Environmental Protection and Regional Development regarding the analysis of territorial mapping of the specific support objectives of the responsible institutions according to the Regional Policy Guidelines 2013-2019, investments and indicators of the European Union funds in administrative territories of the Republic of Latvia, their mutual effect and impact on territorial development, as well as compliance of the said objectives with the objectives and investment plans determined in development programmes of local governments.

7. Amendments to the division of financing of the European Regional Development Fund and the outcome indicators to be reached of the specific support objectives of integrated territorial investment referred to in Sub-paragraph 6.3.2 of this Regulation, by taking into consideration investment plans of local governments (except for the specific support objectives 8.1.2 and 8.1.3 and the measure 9.3.1.1 of the specific support objective 9.3.1), may be prepared by the Latvian Association of Large Cities by taking into consideration the results to be reached of the specific support objectives of all integrated territorial investments, the total amount of financing determined for specific support objectives of integrated territorial investments and on the condition that the total values of the outcome indicators to be reached of each specific support objective of integrated territorial investments for local government do not decrease.

III. Work Organisation of the Council

8. Meetings of the Council shall be open to the public.

9. In the absence of the Head of the Council, the Council shall be chaired by the Deputy Head.

10. Members of the Council shall determine persons who substitute them.

11. The Ministry of Environmental Protection and Regional Development shall perform the functions of the Secretariat of the Council.

12. The Secretariat of the Council shall:

12.1. ensure work of the Council technically;

12.2. not later than four weeks prior to the planned meeting, inform the Council and local governments of the estimated time, place and issues to be addressed at the regular meeting, invite to submit additional proposals for inclusion on the agenda of the meeting, as well as send invitations to submit the concepts of project ideas of investment plans of local governments. Local governments shall submit investment plans or concepts of project ideas in order to ensure fulfilment of the tasks referred to in Paragraph 6 of this Regulation;

12.3. within one week assess the proposals regarding issues to be included on the agenda of the meeting, and prepare an updated draft agenda of the Council meeting and the relevant materials of the meeting;

12.4. two weeks prior to the Council meeting, send the updated agenda of the meeting, materials of the meeting and invitation to the meeting to the members of the Council, contact participants of the meeting - members of the Council or substitutes thereof, as well as invite sectoral ministries and planning regions to provide their opinions on the materials to be discussed;

12.5. ensure taking of minutes of the meetings, including by reflecting the decisions taken at the meeting with regard to the need to specify the investment plans or concepts of project ideas of local governments;

12.6. summarise decisions of the Council on the following:

12.6.1. the amount of financing of the European Regional Development Fund and the outcome indicators to be reached for development centres of regional importance within the framework of the specific support objectives 3.3.1 and 5.6.2;

12.6.2. the concepts of project ideas to be supported, their amount of financing of the European Regional Development Fund and the outcome indicators to be reached for local governments of municipalities (110 local governments of municipalities) within the framework of the specific support objective 4.2.2, and for local governments of municipalities which do not include development centres of regional importance (89 local governments of municipalities) within the framework of the specific support objective 3.3.1 on the basis of the pre-selection results of the concepts of project ideas organised by the Ministry of Environmental Protection and Regional Development;

12.6.3. the amount of financing of the European Regional Development Fund and the outcome indicators to be reached on the basis of the annex to the Latgale Planning Region development programme coordinated by the Ministry of Environmental Protection and Regional Development;

12.7. summarise decisions of the Council and on the basis thereof prepare proposals to the responsible institutions, leading institution and ministries responsible for sectoral policy for possible changes in the specific support objectives in order to ensure balanced territorial development;

12.8. store materials, minutes and statements of meetings and written procedures of the Council. A website accessible to members of the Council and invited persons, as well as a register of concepts of project ideas shall be created in order to store the materials.

13. The Secretariat of the Council shall prepare minutes of the Council meeting within five working days after the relevant meeting and send them to all members of the Council for coordination. If no objections are received within three working days after sending of the draft minutes of the meeting, the minutes of the meeting shall be deemed coordinated. The minutes of the Council meeting shall include issues on the agenda of the meeting and taken decisions, as well as indicate the persons who have participated in the meeting and those who have not. The minutes of the meeting shall be signed by the Head of the Council. Any member of the Council has the right to attach to the minutes his or her individual opinion submitted in writing.

14. A representative of the Central Finance and Contracting Agency, a representative of the State Regional Development Agency, as well as a representative of the local government have the right to participate in work of the Council as an observer, if an investment plan, concepts or project ideas of the relevant local government, or any other related issues are examined.

15. The Council has the right to invite experts - specialists of the relevant field - to participate in the Council meetings, and they have the right to express their opinion on possible solutions to the issue in order to ensure taking of an objective decision.

IV. Procedures for Taking Decisions of the Council

16. The Council shall have a quorum, if not less than two thirds of its members with the right to vote or their substitutes participate in a meeting.

17. Decisions of the Council shall be taken by open ballot with a majority of the members of the Council present. If votes are tied, the Head of the Council shall have the casting vote.

18. The Head of the Council has the right to propose to take a decision under written procedure.

19. If the Head of the Council proposes to take a decision under written procedure, the following procedures shall be followed:

19.1. the Secretariat shall inform of the deadline for the initiation of the written procedure and electronically send the materials to be discussed to the members of the Council;

19.2. after the receipt of the materials, the members of the Council shall, within ten working days (if the issue to be addressed is not urgent) or within three working days (if the issue to be addressed is recognised as urgent), electronically send the Secretariat an opinion which includes the view of the institution represented in the Council;

19.3. if no objections are received regarding the issue to be addressed, it shall be deemed that the decision is taken upon collegial agreement. If the opinion contains any objections, the Secretariat shall, within three working days after the receipt of the objectives, prepare a statement and electronically send it to the members of the Council and involved local governments;

19.4. after the receipt of the statement the local government shall, within five working days, assess and specify the submitted investment plan or the concept of a project idea according to the expressed objections and electronically send it to the Secretariat. The Secretariat shall, within two working days, specify the statement referred to in Paragraph 19.3 of this Regulation and electronically send it to the members of the Council for coordination by attaching the materials submitted by local governments repeatedly;

19.5. after the receipt of the materials referred to in Paragraph 19.4 of this Regulation the members of the Council shall, within three working days, electronically send the Secretariat an opinion which includes the view of the institution represented in the Council;

19.6. if the members of the Council express any objections within the deadlines referred to in Sub-paragraph 19.2 of this Regulation, or fail to agree on specified materials within the framework of the coordination referred to in Sub-paragraphs 19.3 and 19.4 of this Regulation, the Head of the Council shall take a decision to:

19.6.1. terminate the written procedure and examine the issue in the next meeting of the Council where decision is taken by majority of the members of the Council (if votes are tied, the Head of the Council shall have the casting vote);

19.6.2. end the written procedure by taking a decision electronically or by majority (if votes are tied, the Head of the Council shall have the casting vote);

19.7. the Secretariat shall, within three working days, prepare a decision of the Council on results of the written procedure, and the Head of the Council shall sign it.

20. If a local government submits an updated investment plan or a concept of project idea, with regard to which the Ministry of Environmental Protection and Regional Development has already provided an opinion and which has already been examined by the Council (or amendments are submitted by the Latvian Association of Large Cities under the procedures referred to in Paragraph 7 of this Regulation), the Head of the Council shall, by assessing the scope of changes, refer it to repeated examination by the Council or take a decision to coordinate the changes.

V. The Competence of the Institutions Involved in Taking of Decisions of the Council

21. The following persons shall take part in the decision taking process at the Council:

21.1. a representative of the Ministry of Environmental Protection and Regional Development, the Ministry of Finance, the Latvian Association of Local and Regional Governments, the Latvian Association of Large Cities, the Association of Regional Development Centres, the Association of Municipalities, and each planning region when taking a decision on all the issues to be addressed by the Council;

21.2. a representative of the Ministry of Economics, the Cross-Sectoral Coordination Centre, the Employers' Confederation of Latvia and the Latvian Chamber of Commerce and Industry when taking a decision referred to in Sub-paragraphs 6.3 and 6.6 of this Regulation on the specific support objectives 3.3.1 and 5.6.2;

21.3. a representative of the Ministry of Economics when taking a decision referred to in Sub-paragraphs 6.3 and 6.6 of this Regulation on the specific support objective 4.2.2;

21.4. a representative of the Ministry of Welfare and the Ministry of Health when taking a decision referred to in Sub-paragraphs 6.3.1., 6.3.2 and 6.8 of this Regulation on the measure 9.3.1.1 of the specific support objective 9.3.1;

21.5. a representative of the Ministry of Education and Science and the Cross-Sectoral Coordination Centre when taking a decision referred to in Sub-paragraphs 6.3.1, 6.3.2, 6.3.3 and 6.7 of this Regulation on the specific support objective 8.1.2;

21.6. a representative of the Ministry of Education and Science, the Ministry of Culture and the Cross-Sectoral Coordination Centre when taking a decision referred to in Sub-paragraphs 6.3.1 and 6.3.2 of this Regulation on the specific support objective 8.1.3;

21.7. a representative of the Ministry of Culture, the Ministry of Transport, the Ministry of Economics, the Ministry of Education and Science, the Ministry of Welfare, the Ministry of Health, the Ministry of Agriculture, the Cross-Sectoral Coordination Centre, the Employers' Confederation of Latvia and the Latvian Chamber of Commerce and Industry when taking a decision referred to in Sub-paragraphs 6.5 and 6.9 of this Regulation.

22. After summarising the decisions referred to in Sub-paragraph 12.6 of this Regulation the Ministry of Environmental Protection and Regional Development shall prepare the relevant draft Cabinet orders for submission to the Cabinet.

Prime Minister Laimdota Straujuma

Minister for Environmental Protection and
Regional Development Kaspars Gerhards

Translation © 2017 Valsts valodas centrs (State Language Centre)