The Saeima1 has adopted and
the President has proclaimed the following law:
Law on the
Management of the European Social Fund Plus Programme for
Reducing Material Deprivation for the 2021-2027 Programming
Period
Chapter I
General Provisions
Section 1. Purpose of the Law
The purpose of the Law is to ensure that the implementation of
the European Social Fund Plus programme for reducing material
deprivation (hereinafter - the programme) in Latvia is efficient,
transparent, and compliant with the principles of sound financial
management in accordance with Regulation (EU) 2021/1057 of the
European Parliament and of the Council of 24 June 2021
establishing the European Social Fund Plus (ESF+) and repealing
Regulation (EU) No 1296/2013 (hereinafter - Regulation No
2021/1057) and Regulation (EU) 2021/1060 of the European
Parliament and of the Council of 24 June 2021 laying down common
provisions on the European Regional Development Fund, the
European Social Fund Plus, the Cohesion Fund, the Just Transition
Fund and the European Maritime, Fisheries and Aquaculture Fund
and financial rules for those and for the Asylum, Migration and
Integration Fund, the Internal Security Fund and the Instrument
for Financial Support for Border Management and Visa Policy
(hereinafter - Regulation No 2021/1060).
Section 2. Scope of Application of
the Law
The Law sets out the responsibilities and rights of the
authorities involved in the management and implementation of the
programme, the procedures by which the authorities involved in
the management of the programme shall take, contest, and appeal
decisions, and the conditions for the allocation of programme
funding.
Section 3. Management of the
Programme
Management of the programme shall be the preparation of,
agreement on, and approval of programming documents, the
development and operation of the programme management system, the
development of the rules for the selection of partner
organisations and their selection, the supervision, evaluation,
and audit of the programme management system and support, the
approval of the expenditure made within the programme, the
preparation and submission of reports to the European Commission,
the development and maintenance of the programme information
system, and also the provision of information to the public on
programme support.
Chapter
II
Ensuring Management of Programme
Section 4. Authorities Involved in
the Management of the Programme
(1) Management of the programme shall be ensured by the
following authorities involved in the management of the
programme:
1) the managing authority;
2) the intermediate body;
3) the audit authority.
(2) In order to achieve the objective of this Law, the
authorities involved in the management of the programme shall
develop methodology materials and co-operate with other
authorities in accordance with the procedures laid down in the
State Administration Structure Law.
(3) In order to effectively fulfil the responsibilities
referred to in Section 6, Paragraph three of this Law, the
intermediate body and other institutions of direct administration
may conclude an interdepartmental agreement by agreeing thereupon
with the managing authority.
Section 5. Managing Authority,
Responsibilities and Rights Thereof
(1) The functions of the managing authority shall be performed
by the Ministry of Welfare.
(2) The managing authority has the following
responsibilities:
1) ensure efficient management of the implementation of the
programme;
2) ensure the development of programming documents in line
with the partnership principle;
3) develop a description of the management and control system
and submit it to the audit authority in accordance with Article
69(11) of Regulation No 2021/1060;
4) supervise the operation of the intermediate body in
accordance with Article 72(1)(d) of Regulation No 2021/1060;
5) ensure the management of the technical assistance of the
programme and the efficiency of its implementation;
6) ensure the accessibility of information in accordance with
Article 49(1) of Regulation No 2021/1060;
7) within the limits of its competence, provide information to
the intermediate body and the beneficiary;
8) develop criteria for the selection of partner organisations
and for the public procurement of food and basic material
assistance products in accordance with Article 73(1) and (3) of
Regulation No 2021/1060;
9) within the limits of its competence, develop the procedures
referred to in Article 69(6) of Regulation No 2021/1060;
10) introduce anti-fraud measures in accordance with Article
74(1)(c) of Regulation No 2021/1060;
11) ensure evaluation of the implementation of the programme
in accordance with Article 44(1) of Regulation No 2021/1060 and
Article 23(3) of Regulation No 2021/1057;
12) implement the following programme management and
accounting tasks in accordance with Article 72(1)(b) and Article
76 of Regulation No 2021/1060:
a) in accordance with Article 74(1)(a) and (2) of Regulation
No 2021/1060, carry out management verifications of the
information prepared by the intermediate body on the expenditure
to be included in the payment application;
b) in accordance with Article 76(1)(a) of Regulation No
2021/1060, prepare and submit payment applications to the
European Commission;
c) in accordance with Article 74(1)(e) of Regulation No
2021/1060, confirm that the expenditure included in the closure
of accounts is eligible;
d) in accordance with Article 76(1)(b) of Regulation No
2021/1060, prepare and submit a closure of accounts to the
European Commission;
e) within the limits of its competence, develop the management
declaration in accordance with Article 74(1)(f) of Regulation No
2021/1060;
13) perform the functions referred to in Article 42(1),
Article 43(1), Article 69(10) and (11) of Regulation No
2021/1060;
14) fulfil other responsibilities laid down in this Law.
(3) The managing authority has the following rights:
1) to propose and carry out the control and audit of the
implementation of the programme;
2) to request and receive from the authorities involved in the
management of the programme and the beneficiary the information
necessary for ensuring the management of the programme;
3) to temporarily suspend further inclusion of the expenditure
made within the programme in the payment application for
submission to the European Commission and adjust the amount of
expenditure submitted previously;
4) to request and obtain direct access to data in State
information systems in such amount which is provided for in the
legal acts governing the relevant system and which is necessary
for the performance of the accounting function.
(4) The Ministry of Welfare shall ensure that the functions
which it performs as the managing authority in accordance with
this Law are separated from other functions.
Section 6. Intermediate Body,
Responsibilities and Rights Thereof
(1) The functions of the intermediate body shall be performed
by the Society Integration Foundation.
(2) When fulfilling the responsibilities laid down in
Paragraph three of this Section, the intermediate body shall be
under functional subordination of the Minister for Welfare which
is implemented in the form of subordination. The Minister for
Welfare shall implement the subordination with the intermediation
of the authorised official (head of the managing authority).
(3) The intermediate body has the following
responsibilities:
1) within the limits of its competence, provide information to
the managing authority which is essential for the fulfilment of
the responsibilities of this authority;
2) perform the function referred to in Article 46 of
Regulation No 2021/1060, including advising the partner
organisation on the provision of information to the public about
the programme support;
3) develop a procedure for the selection of partner
organisations in accordance with Article 73(1) of Regulation No
2021/1060;
4) select partner organisations in accordance with Article
73(2)(a), (d), and (g) of Regulation No 2021/1060;
5) taking into consideration the legal status of the applicant
partner organisation, conclude a contract or an agreement with
the partner organisation for the storage and distribution of food
and basic material assistance products and the implementation of
accompanying measures;
6) advise the partner organisation on matters relevant for the
performance of the tasks laid down in the contract or
agreement;
7) in accordance with Article 72(1)(b) of Regulation No
2021/1060, implement the following programme management
tasks:
a) in accordance with Article 74(1)(a) and (2) of Regulation
No 2021/1060, verify and approve the report of the partner
organisation and the payment claim of the beneficiary;
b) prepare and submit to the managing authority information on
the expenditure to be included in the payment application and to
the European Commission information for the approval of the
reports to be submitted;
c) within the limits of its competence, perform the functions
referred to in Article 74(1)(c) and (d) and (2) of Commission
Regulation No 2021/1060;
8) ensure supervision and control of the implementation of the
programme, supervision of the overall outcome and result
indicators, analyse the problems related to the supply and
distribution of food and basic material assistance products and
the implementation of accompanying measures, and make proposals
to the managing authority for the improvement of the supply and
distribution of food and basic material assistance products and
the implementation of accompanying measures;
9) carry out ex-ante control on the documentation and the
course of public procurement and ensure supervision of the
procurement contract;
10) within the limits of its competence, develop the
procedures referred to in Article 69(6) of Regulation No
2021/1060;
11) ensure accessibility of information in accordance with
Article 49 of Regulation No 2021/1060;
12) ensure functioning of the programme management information
system by performing the functions referred to in Article
72(1)(e) of Regulation No 2021/1060;
13) fulfil other responsibilities laid down in this Law.
(4) The intermediate body has the following rights:
1) to request and receive from the authorities involved in the
management of the programme, the person applying to be a partner
organisation (hereinafter - the applicant partner organisation),
the partner organisation, and the beneficiary the information
necessary to conclude a contract or agreement for the storage and
distribution of food and basic material assistance products and
the implementation of accompanying measures, and ensure the
supervision and control of the implementation thereof;
2) in accordance with Article 74(1)(b) of Regulation No
2021/1060, to temporarily suspend payments to a partner
organisation;
3) to request and obtain direct access to data in the State
information systems in such amount which is provided for in the
legal acts governing the relevant system and which is necessary
for the fulfilment of the responsibilities of the intermediate
body.
(5) The Society Integration Foundation shall ensure that the
functions which it performs as the intermediate body in
accordance with this Law are separated from the other functions
thereof, including the functions which it performs as a
beneficiary.
Section 7. Audit Authority,
Responsibilities and Rights Thereof
(1) The functions of the audit authority shall be performed by
the Ministry of Finance.
(2) The audit authority has the responsibility to perform the
functions specified in Article 77(1) and (3) and Article 78 of
Regulation No 2021/1060.
(3) The audit authority has the following rights:
1) to request and receive from the authorities involved in the
management of the programme, other authorities, the partner
organisation and the beneficiary the information necessary for
the fulfilments of the responsibilities of the audit
authority;
2) to request and obtain direct access to data in the State
information systems in such amount which is provided for in the
legal acts governing the relevant system and which is necessary
for the fulfilment of the responsibilities of the audit
authority.
(4) The Ministry of Finance shall ensure that the functions
which it performs as the audit authority in accordance with this
Law are separated from the other functions thereof.
Section 8. Responsibilities and
Rights of the Procurement Monitoring Bureau
(1) The Procurement Monitoring Bureau has the responsibility
to carry out ex-ante control on the public procurement
documentation and the course of procurement procedures performed
by the beneficiary and to provide advisory opinions.
(2) The Procurement Monitoring Bureau has the right to request
from the authorities involved in the management of the programme
and from the beneficiary information that is necessary to ensure
the fulfilment of the responsibilities referred to in Paragraph
one of this Section.
Section 9. Competence of the Cabinet
in Ensuring the Management of the Programme
In order to ensure the management of the programme, the
Cabinet shall determine:
1) the criteria for households eligible to receive food and
basic material assistance products financed by the programme and
to participate in accompanying measures;
2) the content, quality, delivery, storage, and distribution
requirements for the food and basic material assistance products
financed by the programme;
3) the partner organisation selection criteria, the procedures
for organising the selection of partner organisations, and the
procedures for evaluating the conditions for rejecting
applications by an applicant partner organisation;
4) the content of the contract or agreement for the storage
and distribution of food and basic material assistance products
and the implementation of accompanying measures, the procedures
for conclusion, amendment, and termination;
5) the conditions and procedures for the eligibility of costs
and the application of flat-rate payments;
6) the procedures for planning funds in the State budget for
the implementation of the programme;
7) the procedures for verifying payment claims, making
payments, and preparing the payment application and the closure
of accounts to be submitted to the European Commission;
8) the procedures for carrying out on-the-spot checks at the
place of the distribution of food and basic material assistance
products and the implementation of accompanying measures;
9) the basic principles of risk management and the procedures
for reporting irregularities detected in the implementation of
the programme, for withholding, recovering, or writing off
irregular expenditure, and for applying the proportional
financial correction;
10) the procedures for ensuring the functions of the audit
authority in the management of the programme;
11) the procedures for the development and use of the
programme information system.
Chapter
III
Ensuring Implementation of the Programme
Section 10. Authorities Involved in
the Implementation of the Programme
The authorities involved in the implementation of the
programme are:
1) a partner organisation selected through an open selection
procedure;
2) the beneficiary as defined in this Law.
Section 11. Partner Organisation
The partner organisation can be an association, a foundation,
a religious organisation, and a local government or an
institution thereof.
Section 12. Eligibility for
Programme Funding
The submission of an application for the selection of partner
organisations in accordance with this Law does not create an
obligation for the authority involved in the management of the
programme to grant the right to be a partner organisation and the
right to receive programme funding.
Section 13. Selection of Partner
Organisations and the Evaluation Commission
(1) Partner organisations shall be selected by the
intermediate body in accordance with the procedures laid down by
the Cabinet. The evaluation commission set up by the intermediate
body shall evaluate the applications for the selection of partner
organisations and draw up an opinion.
(2) The evaluation commission shall be composed of the
representatives of the intermediate body and may also include one
representative of the Ministry of Welfare. A representative of
the managing authority, representatives of local governments, and
representatives of organisations representing the interests of
low-income households have the right to attend the meetings of
the commission as an observer.
Section 14. Conditions for the
Rejection of Applications by Applicant Partner Organisations for
the Selection of Partner Organisations
The intermediate body shall reject the application for the
selection of partner organisations if the applicant partner
organisation, i.e. an association, a foundation, or a religious
organisation, is subject to any of the following conditions:
1) a person who is a member of the executive board of the
applicant partner organisation, a beneficial owner or a person
authorised to represent the applicant partner organisation in
activities relating to its branch or structural unit has been
convicted of any of the following criminal offences by a final
ruling, and less than three years have elapsed from the date of
entry into effect thereof and the date of submission of the
application:
a) accepting bribes, giving bribes, misappropriation of a
bribe, intermediation in bribery, unauthorised receipt of
benefits;
b) fraud, misappropriation, or money laundering;
c) evasion of the payment of taxes and payments equivalent
thereto;
2) a coercive measure has been imposed on the applicant
partner organisation for one of the offences referred to in
Clause 1 of this Section and less than three years have elapsed
from the date of entry into effect of the final ruling and the
date of submission of the application;
3) insolvency proceedings of the applicant partner
organisation have been declared, a matter of legal protection
proceedings has been initiated, or legal protection proceedings
are being implemented, economic activity of the applicant partner
organisation has been suspended or discontinued, or the applicant
partner organisation is being liquidated;
4) the applicant partner organisation or a person who is a
member of the executive board of the applicant partner
organisation, a beneficial owner or a person authorised to
represent the applicant partner organisation in activities
related to its branch or structural unit is subject to the
restrictions set out in the Law on International Sanctions and
National Sanctions of the Republic of Latvia;
5) the decision of the intermediate body referred to in
Section 17 of this Law on the prohibition to participate in the
selection of partner organisations has entered into effect.
Section 15. Types of Decisions of
the Managing Authority and the Intermediate Body
(1) If the applicant partner organisation is an association, a
foundation, or a religious organisation, the decision of the
managing authority and intermediate body is an administrative
act.
(2) If the applicant partner organisation is a local
government or an institution thereof, the decision of the
managing authority and intermediate body is not an administrative
act.
(3) The decision referred to in Paragraph two of this Section
shall be issued in writing and it shall contain the following
parts:
1) the name and address of the managing authority or
intermediate body;
2) the addressee, i.e. the applicant partner organisation;
3) the finding of facts;
4) substantiation of the decision;
5) a separate list of legal rules applied;
6) the rights assigned to the addressee or the rights
rejected;
7) conditions (where necessary);
8) the procedures for contesting a decision of the
intermediate body.
Section 16. Granting, Conditional
Granting, or Refusal of the Right to be a Partner
Organisation
(1) The intermediate body shall, on the basis of the opinion
of the evaluation commission, decide whether to grant the right
to be a partner organisation, to grant that right conditionally,
or to refuse it.
(2) The decision to grant the right to be a partner
organisation shall be taken if all of the following conditions
are met:
1) the application for the selection of partner organisations
meets the criteria for the selection of partner
organisations;
2) funding is available for the implementation of actions.
(3) The decision to refuse the right to be a partner
organisation shall be taken if at least one of the following
conditions has set in:
1) at least one of the refusal provisions referred to in
Section 14 of this Law applies to the applicant partner
organisation;
2) the application for the selection of partner organisations
does not meet the criteria for the selection of partner
organisations and the rectification of deficiency in accordance
with Paragraph four of this Section would affect the application
for the selection of partner organisations on merit;
3) funding is not available for the implementation of
actions.
4) The decision to grant the right to be a partner
organisation shall be conditional if the intermediate body
instructs the applicant partner organisation to take steps to
ensure that the application for the selection of partner
organisations fully meets the criteria for the selection of
partner organisations. If any of the conditions specified in the
decision is not fulfilled or is not fulfilled within the term
specified in the decision, the right to be a partner organisation
shall be regarded as refused.
(5) If the application for the selection of partner
organisations is submitted after the closing date for the
submission of applications, it shall not be evaluated. The
intermediate body shall inform the applicant partner organisation
thereof. If the application for the selection of partner
organisations is rejected and the applicant partner organisation
referred to in Section 15, Paragraph two of this Law appeals the
rejection to a court, the court judgment of the District
Administrative Court on the relevant issue may not be
appealed.
Section 17. Decision to Prohibit to
Participate Temporarily in the Selection of Partner
Organisations
The intermediate body is entitled to take the decision
prohibiting a person from participating in the selection of
partner organisations for a period not exceeding three years from
the date of entry into effect of the decision if any of the
following applies to an applicant partner organisation, i.e. an
association, a foundation, or a religious organisation, the
applicant partner organisation or a person who is a member of the
executive board of the relevant applicant partner organisation or
who is authorised to represent the applicant partner organisation
in activities relating to its branch or structural unit:
1) has knowingly provided false information that is essential
for the evaluation of the application for the selection of
partner organisations;
2) when fulfilling the responsibilities of the partner
organisation, has knowingly provided false information to the
intermediate body or acted otherwise ill-intentioned in relation
to fulfilling the responsibilities of the partner organisation
and this has served as the basis for the withholding or recovery
of irregular expenditure, or the intermediate body has used the
right provided for in the legal act issued in accordance with
Section 9, Clause 4 of this Law to withdraw unilaterally from the
contract;
3) has created artificial conditions or knowingly provided
information not corresponding to the factual circumstances in
order to gain advantage over other applicants so that the
intermediate body would take a favourable decision thereon.
Section 18. Contestation and Appeal
of a Decision
(1) An applicant partner organisation may contest the decision
of the intermediate body referred to in Sections 16 and 17 of
this Law to the managing authority within one month after entry
into effect thereof. The administrative act issued by the
managing authority regarding the contested decision of the
intermediate body may be appealed by submitting an application to
the courthouse of the relevant District Administrative Court. The
decision of the managing authority referred to in Section 15,
Paragraph two of this Law on the contested decision of the
intermediate body may not be appealed.
(2) An opinion of the intermediate body on the fulfilment of
the condition included in the decision referred to in Section 16,
Paragraph four of this Law shall be contested and appealed in
accordance with the same procedures and within the same terms as
a decision on the fulfilment of the condition included in which
the opinion has been prepared.
(3) When appealing the decision, the applicant may only
request to declare this decision unlawful in a court but it may
not request the issuing of a favourable administrative act.
Section 19. Term for Taking a
Decision
(1) The intermediate body shall take the decision on granting,
conditional granting, or refusal of the right to be a partner
organisation within three months after the closing date for the
submission of applications for the selection of partner
organisations.
(2) If the term specified in Paragraph one of this Section
cannot be complied with due to objective reasons, the
intermediate body may extend it for a period that is not longer
than six months from the closing date for the submission of
applications for the selection of partner organisations,
notifying the applicant partner organisation thereof. The
decision to extend the term may be contested at the managing
authority but may not be appealed.
Section 20. Adjustment of the
Application for the Selection of Partner Organisations
The application for the selection of partner organisations may
not be adjusted after submission thereof until taking of the
decision on approval, conditional approval, or refusal
thereof.
Section 21. Responsibilities and
Rights of a Partner Organisation
(1) A partner organisation has the following
responsibilities:
1) ensure the storage and distribution of the food and basic
material assistance products and the implementation of
accompanying measures in accordance with the laws and regulations
of the Republic of Latvia and directly applicable European Union
legal acts and in line with the provisions of the contract
concluded with the intermediate body if the partner organisation
is an association, a foundation, or a religious organisation, or
in line with the provisions of the agreement concluded with the
intermediate body if the partner organisation is a local
government or an institution thereof;
2) provide to the intermediate body reports and information on
the distribution of food and basic material assistance products
and the implementation of accompanying measures;
3) inform immediately the intermediate body of any changes and
conditions that may negatively affect the distribution of food
and basic material assistance products and the implementation of
accompanying measures;
4) provide a separate accounting code to the revenues from
flat-rate financing for the distribution of food and basic
material assistance products or the implemented accompanying
measures;
5) inform the public of the programme support in accordance
with Article 50(1)(a) and (b) of Regulation No 2021/1060;
6) ensure that representatives of the European Commission, the
European Anti-fraud Office, the European Public Prosecutor's
Office, the European Court of Auditors, and the authorities
involved in the management of the programme have access to all
original documents relating to the distribution of food and basic
material assistance products and the implementation of
accompanying measures, to the accounting system, and also to the
place where the distribution of food and basic material
assistance products and the implementation of accompanying
measures take place.
(2) A partner organisation has the following rights:
1) to receive funding from the programme if it has fulfilled
the responsibilities laid down in the legal acts of the European
Union and the laws and regulations of the Republic of Latvia
regarding the provision of food and basic material assistance to
the most deprived persons and the responsibilities specified in
the contract or agreement with the intermediate body;
2) to receive from the authorities involved in the management
of the programme the information necessary for the distribution
of food and basic material assistance products and for the
implementation of accompanying measures.
Section 22. Beneficiary,
Responsibilities and Rights Thereof
(1) The function of the beneficiary shall be performed by the
Society Integration Foundation.
(2) The beneficiary has the following responsibilities:
1) select the suppliers of food and basic material assistance
products in compliance with the laws and regulations governing
public procurements and the programme requirements determined by
the Cabinet in accordance with Section 9, Clause 2 of this
Law;
2) ensure that the funding allocated thereto is used in
accordance with the principle of sound financial management by
taking into account the principles of economy, efficiency, and
effectiveness;
3) ensure that expenditures made thereby are directly related
to the achievement of the objectives for implementing the
programme and conform to the conditions for the use of the
allocated funding;
4) inform immediately the intermediate body of any changes and
conditions that may negatively affect the purchase of food and
basic material assistance products;
5) inform the public of the programme support in accordance
with Article 50(1)(a) and (b) of Regulation No 2021/1060;
6) ensure separate accounting records for the expenditure
incurred and paid or an appropriate system of accounting codes
for all transactions relating to the implementation of the
programme which are to be disclosed for proper audit
purposes;
7) ensure that representatives of the European Commission, the
European Anti-fraud Office, the European Public Prosecutor's
Office, the European Court of Auditors, and the authorities
involved in the management of the programme have access to all
original documents relating to the purchase of food and basic
material assistance products and the accounting system.
(3) The beneficiary has the following rights:
1) to receive funding from the programme if it has fulfilled
the responsibilities specified in laws and regulations and in the
agreement;
2) to receive from the authorities involved in the management
of the programme and the Procurement Monitoring Bureau the
information necessary for the purchase of food and basic material
assistance products.
(4) The Society Integration Foundation shall ensure that the
functions which it performs as the beneficiary in accordance with
this Law are separated from the other functions specified in this
Law, including from the functions which it performs as the
intermediate body.
Chapter
IV
Procedures for the Resolution of Disputes Over the Operation of
the Programme
Section 23. Procedures for the
Resolution of Disputes if the Partner Organisation is an
Association, a Foundation, or a Religious Organisation
If the partner organisation is an association, a foundation,
or a religious organisation, disputes over the performance of the
contract for the storage, distribution, and supply of food and
basic material assistance products and the implementation of
accompanying measures, including the disbursement, continuation
of disbursement, or recovery of allocated funds, shall be
resolved according to civil legal procedures.
Section 24. Procedures for the
Resolution of Disputes if the Partner Organisation is a Local
Government or an Institution Thereof
(1) If the partner organisation which is a local government or
an institution thereof and the intermediate body have concluded
an agreement for the storage and distribution of food and basic
material assistance products and provision of accompanying
measures, and in the course of the performance of that agreement
a disagreement arises over a decision taken by the intermediate
body under the agreement in relation to the disbursement of the
allocated funds, continuation of disbursement or another
decision, and no agreement has been reached through mutual
negotiations, the partner organisation may contest that decision
by submitting a relevant application to the managing
authority.
(2) The managing authority shall evaluate the application of
the partner organisation referred to in Paragraph one of this
Section and take one of the following decisions within a month
after receipt of the application:
1) to leave the decision of the intermediate body
unchanged;
2) to revoke the decision of the intermediate body entirely or
in any part thereof and, where appropriate, order the
intermediate body to re-examine the objections of the local
government or its institution by taking into account the
instructions of the managing authority;
3) to issue a different decision in terms of its content.
(3) If the term laid down in Paragraph two of this Section
cannot be complied with due to objective reasons, the managing
authority may extend it for a period that is not longer than four
months from the day of receipt of the application by notifying
the applicant thereof.
(4) The managing authority shall acquire information that is
necessary to take the decision referred to in Paragraph two of
this Section by applying the procedures for the co-operation of
institutions and the acquisition of information in the
administrative proceedings in the institution.
(5) The decision taken by the managing authority referred to
in Paragraph two of this Section may not be appealed.
Section 25. Procedures for the
Resolution of Disputes between the Beneficiary and the
Intermediate Body
(1) The decision of the intermediate body referred to in
Section 15, Paragraph two of this Law which has been taken on the
implementation of the programme in respect of the beneficiary may
be contested by the beneficiary before the managing authority
within one month from the date of entry into effect of the
decision of the intermediate body.
(2) The decision of the managing authority on the contested
decision of the intermediate body may not be contested or
appealed.
Section 26. State Fee for Referring
to the Court
The intermediate body shall not pay a State fee when referring
to a court of general jurisdiction regarding a contractual
dispute.
Chapter V
Availability of Information and Eligibility of Costs
Section 27. Right to Get Acquainted
with the Process for the Selection of Partner Organisations
(1) At any stage of the process, an applicant partner
organisation has the right to get acquainted with the progress of
the application for the selection of partner organisations,
taking into consideration Paragraph two of this Section.
(2) An applicant partner organisation is entitled to get
acquainted with the evaluation materials (including expert
opinions, minutes and decisions of the evaluation commission) of
the application for the selection of partner organisations only
after the decision on the approval, conditional approval, or
refusal of the application for the selection of partner
organisations has entered into effect. The issuing of information
shall be restricted by the laws and regulations regarding the
issuing of information, the processing and protection of
data.
(3) The intermediate body shall provide the information
referred to in Paragraph two of this Section within 10 working
days after receipt of the request or shall, within five working
days after receipt of the request, invite an applicant partner
organisation to get acquainted with the requested information at
the intermediate body at a mutually acceptable time.
Section 28. Freedom of
Information
(1) The application for the selection of partner organisations
of an association, a foundation, or a religious organisation and
the evaluation documents shall be restricted access information
until the date on which the decision to grant or refuse the right
to become a partner organisation or the opinion on the fulfilment
of the conditions set out in the decision enters into effect. The
information shall be available in the amount and in accordance
with the procedures laid down in Article 49 of Regulation No
2021/1060 and also other legal acts regarding the issuing of
information, the processing and protection of data after entry
into effect of the abovementioned decision or opinion.
(2) The application for the selection of partner organisations
submitted by a local government or an institution thereof shall
be generally accessible information. It shall be available in the
amount and in accordance with the procedures laid down in Article
49 of Regulation No 2021/1060 and also in other legal acts
regarding the issuing of information, the processing and
protection of data after the closing date for the submission of
applications for the selection of partner organisations.
Information relating to the evaluation of the application for the
selection of partner organisations shall be available after entry
into effect of the decision to grant the right to be a partner
organisation, to grant this right conditionally, or to refuse
it.
Section 29. Eligibility Period for
Costs Supported by the Programme
According to Article 63(2) of Regulation No 2021/1060, costs
supported by the programme may be considered eligible if they are
incurred by the authority involved in the management of the
programme, the partner organisation, or the beneficiary and paid
in the period between 1 January 2021 and 31 December 2029.
Transitional
Provision
The Cabinet shall, by 30 June 2022, issue the regulations
referred to in Section 9 of this Law.
This Law has been adopted by the Saeima on 5 May
2022.
President E. Levits
Rīga, 9 May 2022
1The Parliament of the Republic of
Latvia
Translation © 2024 Valsts valodas centrs (State
Language Centre)
