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Amendment of 1 June 2005 to the Agreement between the Member States and the Grand Duchy of Luxembourg in its role as the Managing and Paying Authority on the Implementation of the Community Initiative "ESPON 2006 Programme"
A. Amendments in order to create a coherent base for the new financial control structures


1. Replace the head line of § 1:

"§ 1 Management Authority, Paying Authority, Coordination Unit and Monitoring Committee" by "§ 1 Institutional Structure: Management Authority, Paying Authority, Coordination Unit, Monitoring Committee and Financial Control"

2. Amend in § 1 (5) second paragraph:

After the words "Details also on dealing with costs will be defined in protocols" the words "or rules of procedures"

3. Replace the complete text of § 1 No 5 (c):

By "(c) According to Article 19, in Chapter VII Commission Regulation (EC) No. 438/2001 the Financial Control Group (FCG) shall be established in order to undertake the joint organization of 2nd level control as foreseen in Chapter IV of Commission Regulation (EC) No. 438/2001 (see § 9 (1)-(8)).

The Inspection Génerale des Finances (IGF), the organisation responsible for control of Structural Funds in Luxembourg is designated to issue the declaration on winding-up of the assistance under Article 38(1) (f) of Council Regulation (EC) No 1260/1999 and Chapter V of Commission Regulation (EC) No 438/2001 based on modalities and procedures defined by the FCG (see § 9 (9)).

The FCG is composed of representatives of the financial control authorities of the Member States (see annex 3)."

4. Replace in § 4 (2) the reference in the sixth line:

"see annex 2" by "see § 8"

and in the eighth line

"see annex 3" by "see § 9"

5. Replace in § 5 No 5 the reference in the second line:

"(annex 3)" by "(according to § 9)"

6. Replace § 9 (1)-(4):

By "§ 9 Organisation of System and Sample Checks on Operation and Follow-up ("2nd Level Control") and declaration of winding up ("3rd Level Control")

1. The Member States shall according to Chapter IV of Commission Regulation (EC) No. 438/2001 organise sample checks on operations to verify the effectiveness of the management and control systems in place and to verify expenditure declarations made at the various levels.

2. Each Member State shall appoint an authority as member of the FCG (see annex 3). The FCG is responsible for the joint co-ordination of the 2nd level control. The FCG will agree on whom to assign the task of carrying out the control function, without prejudice to the relevant national legislation, as well as on the approach to implementation and provide guidance to the process in line with the Commission's Audit Manual, specific audit methods. The assigned control bodies will undertake the sample checks on the operations, by using the checklist mutually agreed within the FCG.

3. On behalf of the MA the CU will organise meetings of the FCG. The necessary information, in particular on the payments, the operations' contact persons and addresses will be provided by the CU.

4. Sample checks on operations, at least 5% of the total eligible expenditure, according to Chapter IV of Commission Regulation (EC) No. 438/2001 will be carried out in even intervals over the remaining years of the programming period.

5. The selection of the sample of operations to be checked shall be done according to Article 10(2) and 10(3) of Commission Regulation (EC) No. 438/2001.

The reports on sample checks will be sent to the FCG, to the Managing Authority and to the Paying Authority. If a report identifies some controversial point the FCG can ask the related national appointed authority to provide further information and/or to resolve the disagreement.

The reports on sample checks will be consolidated in a single annual report, drafted by the assigned control bodies. The FCG, after having agreed upon this report, shall forward it to the MA and to the IGF by the 30 May each year in order to enable the MA to fulfill its obligations as set out in § 9 (8).

6. The checks shall establish whether any problems encountered are of a systemic character. If so the FCG shall make proposals on financial corrections or amendments to the management and control system in general in line with the Commission's guidelines concerning the procedure for the financial corrections foreseen by the Article 39 of Council Regulation (EC) No. 1260/1999.

7. The MA, supported by the CU, will regularly report on the results of the sample checks on operations to the MC. The MA will provide these reports to the PA in order to take account of any irregularities.

8. The MA will forward the report received by the FCG as set out above in § 9 (5) to the European Commission by 30 June each year, according to Article 13 of Commission Regulation (EC) No. 438/2001.

9. The FCG chaired by the winding-up body will lay down adequate modalities and procedures for collecting all adequate information needed for the winding up of the programme, according to Chapter V of European Commission Regulation (EC) No. 438/2001, the declaration will be issued by the IGF, the organisation tasked with the control of Structural Funds in Luxembourg, taking into account the responsibility of all participating Member States according to Article 38 of Council Regulation (EC)No. 1260/1999."

Consequently the previously remaining § 9 (5) is now renumbered into § 9 (10).

B. Amendments in order to correct obviously factual mistakes


1. Replace § 1 No 5 (b) the reference in the third line:

"§ 6 a" by "§ 8 a"

2. Replace in § 3 (3) the reference in the first line:

"§ 3 No. 1 (h)" by "§ 3 No. 1 (g)"

The Government of the Grand Duchy of Luxembourg represented by the Minister of the Interior and Spatial Development Jean-Marie Halsdorf

Place and date: Luxembourg, 1 June 2005

Signature:

The Government of the Republic of Latvia represented by the Minister of Regional Development and Local Government Māris Kučinskis

Place and date:

Signature: