The Saeima1
has adopted and
the President has proclaimed the following law:
Law on the
Grant Management of the European Cybersecurity Competence Centre
for the Programming Period 2021-2027
Chapter I
General Provisions
Section 1. Terms Used in the Law
The following terms are used in the Law:
1) Agency - an institution of direct administration
which is implementing a part of the functions of the National
Coordination Centre specified in Regulation (EU) 2021/887 of the
European Parliament and of the Council of 20 May 2021
establishing the European Cybersecurity Industrial, Technology
and Research Competence Centre and the Network of National
Coordination Centres (hereinafter - Regulation 2021/887) as an
intermediary body within the extent specified in this Law;
2) European Cybersecurity Competence Centre - the
European Cybersecurity Industrial, Technology and Research
Competence Centre which has been established in accordance with
Regulation 2021/887;
3) beneficiary - a project applicant approved by the
Agency;
4) financing - financial resources which, in accordance
with this Law, are allocated or which are ensured by the
beneficiary for the project implementation. The financing shall
consist of:
a) grant financing (co-financing);
b) co-financing from the State budget;
c) co-financing of the beneficiary;
5) grants - the financing of aid programmes at the
level of the European Union which, in accordance with Regulation
2021/887, is ensured by the European Cybersecurity Competence
Centre with the intermediation of the National Coordination
Centre;
6) Cybersecurity Competence Community (hereinafter -
the Community) - an aggregate of such subjects which conform to
that specified in Article 8 of Regulation 2021/887 and have been
registered in accordance with the procedures laid down in this
Law in the register of members of the Community maintained by the
National Coordination Centre;
7) National Coordination Centre - a State
administration institution which is implementing the functions
specified in Regulation 2021/887, including invests grants in the
amount and in accordance with the procedures laid down in
Regulation 2021/887 and in other legal acts of the European
Union;
8) Agenda - an aggregate of measures approved by the
European Commission or the European Cybersecurity Competence
Centre which is planned to be implemented with the aid of grants
and which is directed towards achievement of specific results and
objectives;
9) Agenda contract - a contract regarding
implementation of the Agenda which is entered into by the
National Coordination Centre and the European Commission or the
European Cybersecurity Competence Centre after approval of the
Agenda;
10) project applicant - a person who submits a project
application. The following may be a project applicant:
a) an institution of direct or indirect administration,
another State authority, or a derived public entity;
b) a legal person governed by private law or a partnership
with legal capacity;
11) project application - an application (filled-in
form, its annexes, and other documents) which are submitted by a
project applicant in order to apply for the financing necessary
for the project;
12) project file - a project application, the
assessment documents of the project application, a project
contract, and other documents related to the project which are at
the disposal of the National Coordination Centre or the
Agency;
13) project contract - a contract regarding the project
implementation which is entered into by the Agency and the
beneficiary. This contract may be:
a) an agreement if the beneficiary is an institution of direct
or indirect administration, another State authority, or a derived
public entity;
b) a contract governed by civil law if the beneficiary is a
legal person governed by private law or a partnership with legal
capacity;
14) project - a project application which conforms to
the project application assessment criteria and which has been
approved by the Agency;
15) project application assessment criteria -
regulations according to which a project application is assessed
and a decision on approval, conditional approval, or rejection
thereof is taken;
16) supervisory authority - an institution involved in
the management of grants which monitors the course of
introduction of grants.
Section 2. Purpose of the Law
The purpose of this Law is to ensure introduction of
efficient, transparent grants corresponding to the principles of
sound financial management in the field of support of the
European Cybersecurity Competence Centre in Latvia.
Section 3. Scope of Application of
the Law
The Law prescribes the rights and obligations of the
authorities involved in the grant management, the project
applicant, and the beneficiary, the procedures for taking,
contesting, and appealing decisions of the authorities involved
in the grant management, and also the conditions for granting
financing and shall apply to the programming period
2021-2027.
Chapter
II
Grant Management
Section 4. Authorities Involved in
the Grant Management
Grant management shall be ensured by the following authorities
involved in the grant management:
1) the European Cybersecurity Competence Centre;
2) the National Coordination Centre;
3) the Agency;
4) the supervisory authority;
5) the audit authority.
Section 5. National Coordination
Centre
(1) The Ministry of Defence shall perform the functions of the
National Coordination Centre.
(2) The National Coordination Centre has the following
obligations:
1) to coordinate the creation of the grant management and
control system;
2) to ensure efficient introduction and supervision of
grants;
3) to ensure the development of the draft laws and regulations
related to the introduction and supervision of grants;
4) to enter into an Agenda contract;
5) to develop and approve the project application assessment
criteria;
6) to ensure the publicity for the introduction of grants in
Latvia;
7) to inform the European Commission of expenditures for
project implementation;
8) to inform the European Cybersecurity Competence Centre and
the audit authority of the results of the Agenda
implementation;
9) other obligations of the National Coordination Centre
specified in Regulation 2021/887 and this Law.
(3) The National Coordination Centre has the following
rights:
1) to request and receive information from the authorities
involved in the grant management and from the beneficiaries which
is necessary for the fulfilment of the obligations of the
National Coordination Centre;
2) to suggest and perform control and audit of the
introduction of grants.
(4) The Ministry of Defence shall ensure that the functions
performed thereby as the National Coordination Centre are
separated from other functions thereof, including functions
performed thereby as the supervisory authority or
beneficiary.
Section 6. Agency
(1) The Central Finance and Contracting Agency shall perform
the functions of the Agency.
(2) The Agency has the following obligations:
1) according to the competence and upon request, to provide
information to the National Coordination Centre and other
authorities involved in the grant management which is necessary
for the fulfilment of the obligations of such authorities;
2) to provide consultations to project applicants regarding
submission of project applications;
3) to carry out selection of project applications and to enter
into project contracts;
4) to consult the beneficiaries on project implementation;
5) to ensure supervision and control of project
implementation, supervision of achievement of project objectives
and outcome indicators, to analyse problems in project
implementation, and to submit proposals to the National
Coordination Centre for the improvement of project
implementation;
6) to check and approve the eligible expenditures included in
the request for payment of the beneficiary, to make payments, if
applicable, to prepare and submit information to the National
Coordination Centre on the eligible expenditures to be included
in the request for payment, and also to provide other information
at its disposal which is necessary for the preparation of a
request for payment;
7) to ensure entering of the data related to grant management
in the information systems of the European Union if it is
provided for by the regulations of the Agenda, and also to ensure
storage of project files in accordance with the procedures laid
down in this Law.
(3) The Agency has the following rights:
1) to request information from the authorities involved in the
grant management and from the beneficiaries which is necessary
for the fulfilment of the obligations of the Agency;
2) to temporarily suspend payments to the beneficiary.
(4) The Central Finance and Contracting Agency shall ensure
that the functions performed thereby as the Agency are separated
from other functions thereof, including functions performed
thereby as the beneficiary.
Section 7. Supervisory Authority
(1) The Ministry of Defence shall perform the functions of the
supervisory authority.
(2) The supervisory authority has the following
obligations:
1) to carry out audit of the grant management and to provide
an assessment on the conformity of the operation of the National
Coordination Centre and the Agency with the requirements of this
Law;
2) at the end of the audit, to prepare a report, providing
recommendations for the necessary improvements to the grant
management, and also determining the activities to be carried out
for the relevant authority and the time period for the
elimination of deficiencies.
(3) The supervisory authority has the right to request
information from the authorities involved in the grant management
and from the beneficiaries which is necessary for the fulfilment
of the obligations of the supervisory authority.
(4) The Ministry of Defence shall ensure that the functions
performed thereby, in accordance with this Law, as the
supervisory authority are separated from other functions thereof,
including functions performed thereby as the National
Coordination Centre or beneficiary.
Section 8. Obligations and Rights of
the Beneficiary
(1) The beneficiary has the following obligations:
1) to ensure project implementation in accordance with the
project contract, and also the requirements laid down in
Regulation 2021/887 and the laws and regulations related to
project implementation;
2) to ensure separate accounting for each project;
3) to provide information on project implementation and to
ensure access for the representatives of the authorities involved
in the grant management, and also the competent national and
European Union authorities to original copies of all the
documents related to project implementation and to the site of
implementation of the relevant project;
4) to ensure compliance with the publicity requirements of
projects;
5) to refund to the Agency the financing disbursed by the
Agency which has not been used or has been used not in conformity
with the conditions of Paragraph one, Clause 1 of this
Section.
(2) The beneficiary has the following rights:
1) to receive grant financing if a project is being
implemented in accordance with the requirements of Regulation
2021/887 and the laws and regulations of the Republic of Latvia
and the project contract;
2) to receive the information necessary for project
implementation from the National Coordination Centre and the
Agency.
Section 9. Competence of the Cabinet
in Ensuring the Grant Management
In order to ensure the grant management, the Cabinet shall
determine:
1) the procedures for the implementation of the measures for
the introduction, management, supervision, assessment, and
control of grants;
2) the procedures by which funds shall be planned in the State
budget for technical assistance to introduction of Agendas and
for the implementation of the projects co-financed from the State
budget;
3) the procedures for making payments related to project
implementation and also the conditions and procedures for
financing projects;
4) the eligibility conditions of project costs;
5) the procedures for the mutual settlement of accounts of the
authorities involved in the grant management;
6) the procedures for reporting on non-conformities detected
in introduction of grants;
7) the procedures for writing off, deducting, or recovering
irregular expenditure in accordance with Article 202 of
Regulation (EU, Euratom) 2018/1046 of the European Parliament and
of the Council of 18 July 2018 on the financial rules applicable
to the general budget of the Union, amending Regulations (EU) No
1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No
1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No
223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and
repealing Regulation (EU, Euratom) No 966/2012 (hereinafter -
Regulation 2018/1046);
8) the procedures for determining the project application
assessment criteria in an open project application selection and
the requirements for the project applicant and the
beneficiary;
9) the cases when the Agency is entitled to suspend payments
to the beneficiary and also the procedures for suspending
payments.
Chapter
III
Community
Section 10. Requirements for the
Subjects Forming the Community
A Community may consist only of such institutions of direct or
indirect administration, other State authorities, derived public
entities, or legal persons governed by private law or
partnerships with legal capacity registered in the Republic of
Latvia which are able to contribute to the fulfilment of the
mission of the European Cybersecurity Competence Centre and the
network of the national coordination centres specified in Article
3 of Regulation 2021/887 and which have cybersecurity expertise
with regard to at least one of the domains referred to in Article
8(3) of Regulation 2021/887 (hereinafter - the members of the
Community).
Section 11. Registration of the
Members of the Community
(1) In order to become a member of the Community, the person
referred to in Section 10 of this Law shall submit a submission
of the member of the Community to the National Coordination
Centre, indicating therein:
1) the name, registration number, legal address, and other
contact details of the submitter of the submission of the member
of the Community;
2) information on the beneficial owners (legal persons
governed by private law) of the submitter of the submission of
the member of the Community;
3) information on members and beneficial owners (partnerships
with legal capacity) of the submitter of the submission of the
member of the Community;
4) a certification that none of the criteria for exclusion
specified in Article 136 of Regulation 2018/1046 apply to the
submitter of the submission of the member of the Community;
5) information on the ability of the submitter of the
submission of the member of the Community to contribute to the
fulfilment of the mission of the European Cybersecurity
Competence Centre and the network of the national coordination
centres specified in Article 3 of Regulation 2021/887;
6) information on the cybersecurity expertise of the submitter
of the submission of the member of the Community with regard to
at least one of the domains referred to in Article 8(3) of
Regulation 2021/887 (detailed description of expertise).
(2) The National Coordination Centre shall assess the
information included in the submission of the member of the
Community and at the disposal thereof and, within a month from
the day of receipt of the submission of the member of the
Community, take the decision:
1) to register the submitter of the submission of the member
of the Community in the register of members of the Community;
2) to refuse registration of the submitter of the submission
of the member of the Community in the register of members of the
Community.
(3) If the submitter of the submission of the member of the
Community is a legal person governed by private law or
partnership with legal capacity, the decision of the National
Coordination Centre referred to in Paragraph two of this Section
shall be an administrative act.
(4) If the submitter of the submission of the member of the
Community is an institution of direct or indirect administration,
another State authority, or a derived public entity, the decision
of the National Coordination Centre referred to in Paragraph two
of this Section shall not be an administrative act.
(5) In case of refusal, the submitter of the submission of the
member of the Community is entitled to re-submit the submission
of the member of the Community. The National Coordination Centre
is entitled not to re-assess the re-submitted submission of the
member of the Community if:
1) less than two months have passed since the decision taken
previously on refusal to register the submitter of the submission
of the member of the Community in the register of members of the
Community;
2) the actual circumstances of the case which were the basis
for taking of the decision on refusal to register the submitter
of the submission of the member of the Community in the register
of members of the Community have changed.
Section 12. Exclusion of a Member of
the Community from the Register of Members of the Community
(1) The National Coordination Centre shall exclude a member of
the Community from the register of members of the Community:
1) if the member of the Community has submitted a submission
regarding the wish to be excluded from the register of members of
the Community;
2) if the member of the Community does not conform to that
specified in Section 10 of this Law;
3) due to justified security considerations.
(2) The National Coordination Centre shall take the decision
on exclusion of a member of the Community from the register of
members of the Community within a month from the moment when a
submission of the member of the Community regarding the wish to
be excluded from the register of members of the Community has
been received or from the moment when such facts have become
known which attest to the non-conformity of the member of the
Community with that specified in Section 10 of this Law.
Section 13. Register of Members of
the Community
(1) The register of members of the Community shall be
maintained by the National Coordination Centre.
(2) The following information shall be included in the
register of members of the Community:
1) the name of the member of the Community;
2) the registration number of the member of the Community;
3) the legal status of the member of the Community;
4) the date when the decision on registration of the member of
the Community has been taken.
Section 14. Procedures for
Contesting and Appealing the Decision on Registration of a Member
of the Community, Refusal of Registration, or Exclusion from the
Register of Members of the Community
The decision of the National Coordination Centre referred to
in Section 11, Paragraph two or Section 12, Paragraph one of this
Law, if it is an administrative act, may be contested and
appealed in accordance with the procedures laid down in the
Administrative Procedure Law. If the abovementioned decision of
the National Coordination Centre is not an administrative act, it
shall be contestable but not appealable.
Chapter
IV
Selection of Project Applications and Taking of a Decision on a
Project Application
Section 15. Participation of a
Project Applicant in the Community
Applying for the receipt of the financing intended for the
support of members of the Community shall be possible only if a
project application is registered, at the moment of submitting a
project application, with the register of members of the
Community maintained by the National Coordination Centre in
accordance with the procedures laid down in Section 11 of this
Law.
Section 16. Selection of Project
Applications
(1) The selection of project applications may be:
1) open, if equal competition regarding approval of the
project application and allocation of the grant financing
(co-financing) is occurring among project applicants;
2) restricted, if such range of project applicants has been
pre-determined which are invited to submit a project application.
In such case, all such project applications which meet the
project application assessment criteria shall be approved and
financed unless any of the reasons for exclusion referred to in
Section 18 of this Law applies to the project applicant.
(2) If the grant financing is intended for the support to the
Community, the National Coordination Centre is entitled to
determine the share of the grant financing to be dedicated to the
projects to be supported in the open project application
selection and the share - to the projects to be supported in the
restricted project application selection.
(3) The Agency shall perform selection of project applications
according to the by-laws of the project application selection.
The by-laws of the project application selection shall be
developed and, after harmonisation with the National Coordination
Centre, approved by the Agency.
(4) The project application assessment criteria shall be
included in the by-laws of the project application selection.
(5) The Agency shall submit the notification regarding
announcement of an open project application selection and a
reference to the website on which the by-laws of the project
application selection have been published, and also the
notification regarding extension, discontinuation, or termination
of an open project application selection for publishing in the
official gazette Latvijas Vēstnesis.
(6) The project applicant shall prepare and submit a project
application according to the requirements laid down in the
by-laws of the project application selection.
Section 17. Project Application
Assessment Commission
(1) The Agency shall establish a project application
assessment commission for the assessment of project applications
the composition of which shall include at least one
representative of the National Coordination Centre. In
establishing the project application assessment commission, the
Agency shall take into account the provisions of the Agenda
contract.
(2) The National Coordination Centre shall ensure the
expertise in cybersecurity issues necessary for the operation of
the project application assessment commission and also, if
necessary, consult the Agency on the strategic, operational, and
technical issues of cybersecurity.
(3) In fulfilling its obligations, the project application
assessment commission is entitled to invite experts.
Section 18. Provisions for Exclusion
of Project Applicants
The Agency shall reject a project application:
1) if any of the criteria for exclusion referred to in Article
136 of Regulation 2018/1046 applies to the project applicant;
2) if, in conformity with that specified in Article 8(4) of
Regulation 2021/887, it has been recognised that the
participation of the project applicant in project selection or
the project does not correspond to the interests of national
security.
Section 19. Types of a Decision of
the Agency
(1) If the project applicant is a legal person governed by
private law or partnership with legal capacity, the decision of
the Agency shall be an administrative act.
(2) If the project applicant is an institution of direct or
indirect administration, another State authority, or a derived
public entity, the decision of the Agency shall not be an
administrative act.
(3) The decision referred to in Paragraph two of this Section
shall be issued in writing and it shall have the following
parts:
1) the name and address of the Agency;
2) the addressee - the project applicant;
3) the determination of facts;
4) the justification of the decision;
5) a separate listing of the legal norms applied (indicating
also Section of the regulatory enactment, its Paragraph, Clause,
or Sub-clause);
6) the rights granted to the addressee and the rights
rejected;
7) the conditions (if necessary);
8) the procedures for contesting a decision.
Section 20. Approval, Conditional
Approval, or Rejection of a Project Application in an Open
Project Application Selection
(1) On the basis of the opinion provided by the project
application assessment commission, the Agency shall take a
decision on approval, conditional approval, or rejection of a
project application.
(2) The decision on approval of a project application shall be
taken if all of the following conditions are met:
1) none of the reasons for exclusion referred to in Section 18
of this Law apply to the project applicant;
2) the project application conforms to the project application
assessment criteria;
3) the financing for project implementation is available
within the scope of the project application selection round.
(3) The decision on rejection of a project application shall
be taken if at least one of the following conditions has set
in:
1) at least one of the reasons for exclusion referred to in
Section 18 of this Law applies to the project applicant;
2) the project application does not conform to the project
application assessment criteria and elimination of the
non-conformity in accordance with Paragraph four of this Section
would affect the project application according to substance;
3) the financing for project implementation is not available
within the scope of the project application selection round.
(4) The decision on conditional approval of a project
application shall be taken if the project applicant must perform
activities stipulated by the Agency in order for the project
application to fully conform to the project application
assessment criteria. Conditions shall be included in the decision
and their fulfilment shall be controlled in conformity with the
by-laws of the project application selection. If any of the
conditions specified in the decision is not fulfilled or is not
fulfilled within the time period specified in the decision, the
Agency shall reject the project application.
(5) If a project application has been submitted after the
deadline for the submission of project applications, it is not
assessed. The Agency shall inform the project applicant thereof.
If, due to the reason referred to in this Paragraph, acceptance
of a project application is refused and the project applicant
appeals the refusal in a court, the judgment of the District
Administrative Court regarding the relevant issue shall not be
subject to appeal.
Section 21. Approval, Conditional
Approval, or Rejection of a Project Application in a Restricted
Project Application Selection
(1) On the basis of the opinion of the project application
assessment commission, the Agency shall take a decision on
approval, conditional approval, or rejection of a project
application.
(2) The decision on approval of a project application shall be
taken if all of the following conditions are met:
1) none of the reasons for exclusion referred to in Section 18
of this Law apply to the project applicant;
2) the project application conforms to the project application
assessment criteria.
(3) The decision on rejection of a project application shall
be taken if at least one of the following conditions has set
in:
1) the project applicant has not been invited to submit a
project application;
2) at least one of the reasons for exclusion referred to in
Section 18 of this Law applies to the project applicant.
(4) The decision on conditional approval of a project
application shall be taken if the project applicant must perform
activities stipulated by the Agency in order for the project
application to fully conform to the project application
assessment criteria and it would be possible to implement the
project according to the provisions of the Agency and the
objectives provided for in the Agenda. Conditions shall be
included in the decision and their fulfilment shall be controlled
in conformity with the by-laws of the project application
selection.
(5) If a project applicant does not fulfil the conditions
included in the decision on conditional approval of a project
application or does not fulfil them within the time period
specified in the decision, the Agency shall reject the project
application.
Section 22. Time Period for Taking a
Decision
(1) The Agency shall take a decision on approval, conditional
approval, or rejection of a project application within three
months after the end date of the time period for the submission
of project applications.
(2) If, due to objective reasons, it is not possible to
conform to the time period specified in Paragraph one of this
Section, the Agency may extend it for a period not exceeding six
months from the end date of the time period for the submission of
project applications, notifying the project applicant thereof.
The decision on extending the time period shall be subject to
contesting but shall not be subject to appeal.
Section 23. Clarification of Project
Applications
(1) The project application submitted within the scope of an
open project selection may not be clarified after the submission
thereof until the day when a decision on approval, conditional
approval, or rejection of the project application is taken.
(2) The project application submitted within the scope of a
restricted project selection may be clarified after the
submission thereof until the day when a decision on approval,
conditional approval, or rejection of the project application is
taken, agreeing thereupon with the National Coordination Centre
beforehand. The National Coordination Centre is entitled not to
agree with the clarification of the project application if the
project application has already been previously clarified or at
least 30 days have passed from the end of the time period for the
submission of project applications.
Section 24. Contesting and Appeal of
Decisions of the Agency
A project applicant may contest the decision of the Agency
referred to in Section 19, Paragraph one or two of this Law by
submitting a relevant submission to the head of the National
Coordination Centre. The administrative act issued by the
National Coordination Centre regarding the contested decision of
the Agency may be contested and appealed in accordance with the
procedures laid down in the Administrative Procedure Law. If the
decision taken by the National Coordination Centre on the
contested decision of the Agency is not an administrative act, it
shall be subject to contesting but shall not be subject to
appeal.
Chapter V
Procedures for Settling Disputes Regarding the Grant Financing
Allocated
Section 25. Procedures for Settling
Disputes if the Beneficiary is a Legal Person Governed by Private
Law or a Partnership with Legal Capacity
If the beneficiary is a legal person governed by private law
or a partnership with legal capacity, disputes relating to the
performance of the project contract, including disbursement of
the financial resources allocated, continuation of disbursements,
or recovery of resources, shall be settled in accordance with
civil procedures.
Section 26. Procedures for Settling
Disputes if the Beneficiary is an Institution of Direct or
Indirect Administration, Another State Authority, or a Derived
Public Entity
(1) If a dispute arises between the beneficiary which is an
institution of direct or indirect administration, another State
authority, or a derived public entity and the Agency in relation
to the decision taken within the scope of the project contract on
disbursement of the financing allocated or continuation of
disbursement thereof or another decision and an agreement has not
been reached through negotiations, the beneficiary may contest it
by submitting a relevant submission to the head of the National
Coordination Centre.
(2) The head of the National Coordination Centre shall assess
the submission of the beneficiary referred to in Paragraph one of
this Section and, within a month from the day of the receipt
thereof, take at least one of the following decisions:
1) to leave the decision of the Agency unchanged;
2) to revoke the decision of the Agency in full or in any part
thereof and, if necessary, to assign the Agency to re-examine the
objections of the beneficiary, taking into account the
instructions of the National Coordination Centre;
3) to issue a decision that is different in content.
(3) If a dispute arises between the beneficiary which is an
institution of direct or indirect administration, another State
authority, or a derived public entity and the National
Coordination Centre in relation to the decision taken by the
National Coordination Centre within the scope of the project
contract and an agreement has not been reached through
negotiations, the beneficiary may contest it by submitting a
relevant submission to the Minister for Defence.
(4) The Minister for Defence shall assess the submission of
the beneficiary referred to in Paragraph three of this Section
and, within a month from the day of the receipt thereof, take at
least one of the following decisions:
1) to leave the decision of the National Coordination Centre
unchanged;
2) to revoke the decision of the National Coordination Centre
in full or in any part thereof and, if necessary, to assign the
National Coordination Centre to re-examine the objections of the
beneficiary;
3) to issue a decision that is different in content.
(5) If, due to objective reasons, it is not possible to
conform to the time period specified in Paragraph two or four of
this Section, the head of the National Coordination Centre or the
Minister for Defence may extend it for a time period not
exceeding four months from the day of receipt of the submission,
notifying the submitter thereof.
(6) The head of the National Coordination Centre or the
Minister for Defence shall obtain the information which is
necessary for taking the decision referred to in Paragraph two or
four of this Section in accordance with the procedures laid down
in the Administrative Procedure Law and the State Administration
Structure Law for cooperation of institutions and for obtaining
of information in the administrative proceedings in an
institution.
(7) The decision referred to in Paragraph two or four of this
Section and taken by the head of the National Coordination Centre
or the Minister for Defence shall not be subject to appeal.
Section 27. Payment of the State Fee
by Addressing a Court
The National Coordination Centre and the Agency shall not pay
the State fee when addressing a court of general jurisdiction
regarding a contractual dispute.
Chapter
VI
Final Provisions
Section 28. Right to Become
Acquainted with a Project File
(1) A project applicant has the right to become acquainted
with the project file submitted thereby at any stage of the
process. The project applicant has the right to become acquainted
with the assessment materials of the submitted project
application (including expert opinions, minutes and decisions of
the assessment commission) only after a decision on approval,
conditional approval, or rejection of a project application has
entered into effect.
(2) The National Coordination Centre and the Agency shall
provide the information referred to in Paragraph one of this
Section within 10 working days after receipt of the request.
Section 29. Freedom of
Information
(1) The project file of a legal person governed by private law
or partnership with legal capacity is restricted access
information until the moment when a decision on approval or
rejection of a project application or an opinion on fulfilment of
the conditions included in the decision enters into effect. After
entering into effect of the abovementioned decision or opinion,
the project file shall be available in the amount and in
accordance with the procedures laid down in the Freedom of
Information Law.
(2) The project file of an institution of direct
administration, a derived public entity, or another State
institution shall be generally accessible information, except for
the budget summary of the project, including cost plan of the
project. Information on the abovementioned project shall be
available in the amount and in accordance with the procedures
laid down in the Freedom of Information Law after the end of the
time period for the submission of project applications. The
information referred to in Section 28, Paragraph one of this Law
in relation to the assessment of the project application shall be
available after a decision on approval, conditional approval, or
rejection of the project application has entered into effect.
Section 30. Document Storage
Period
The authorities involved in ensuring the grant management
shall store project files, but the beneficiaries - original
copies of project documents for at least five years after
approval of the request for final payment of the project unless
other procedures for the storage of documents are provided for in
the project contract.
Transitional
Provision
The Cabinet shall, by 1 July 2023, issue the regulations
referred to in Section 9 of this Law.
The Law has been adopted by the Saeima on 29 September
2022.
Acting for the President,
Chairperson of the Saeima I. Mūrniece
Rīga, 4 October 2022
1The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)
