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Agreement between the Ministry of Regional Development and Local Government of the Republic of Latvia Acting as the Joint Managing Authority, the Republic of Estonia and the Republic of Latvia on the Management and Administration of the Estonia - Latvia - Russia Cross Border Cooperation Programme within European Neighbourhood and Partnership Instrument 2007- 2013
Agreement on the management and administration of the Estonia - Latvia - Russia Cross Border Cooperation Programme within European Neighbourhood and Partnership Instrument 2007 - 2013 (hereinafter referred to as the Programme) approved by the European Commission on 17 December 2008 by the European Commission decision No C(2008)8332 between the Joint Managing Authority of the Programme (hereinafter referred to as the JMA), the Republic of Estonia and the Republic of Latvia (hereinafter referred to as the Member States, each separately as the Member State) is concluded based on the Programme's legal framework:
Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing European Neighbourhood and Partnership instrument (hereinafter referred to as the ENPI Regulation),
Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities,
Council Regulation (EC, Euratom) No 1995/2006 of 13 December 2006 amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities and Commission Regulation (EC, Euratom) No 2342/2002 laying down detailed rules for the implementation of the Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities,
Commission Regulation (EC) No 951/2007 of 9 August 2007 laying down implementing rules for cross-border cooperation programmes financed under Regulation (EC) No 1638/2006 of the European Parliament and of the Council laying down general provisions establishing European Neighbourhood and Partnership Instrument (hereinafter referred to as the Implementing Rules),
Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of the Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities,
European Neighbourhood & Partnership Instrument Cross Border Cooperation Strategy Paper 2007 - 2013,
Practical Guide to Contract Procedures for the EC External Actions (2008),
and in accordance with the Programme.
Preamble
With reference to Article 10 of ENPI Regulation, Article 14 of Implementing Rules and in accordance with the Programme the Member States have agreed to set up joint Programme implementation structure and lay down rules and mutual relations among JMA and Member States defining their tasks and responsibilities in the implementation of the Programme.
Article 1
Designation of Authorities
1. According to the Chapter 7.3 of the Programme, the Member States have appointed the Ministry of Regional Development and Local Government of the Republic of Latvia (hereinafter referred to as the MRDLG) to fulfil the functions of the JMA for the Programme in accordance with Article 10 of the ENPI Regulation
2. According to the Chapter 7.5 of the Programme, the JMA shall set up the Joint Technical Secretariat (hereinafter referred to as the JTS) for administrative implementation of the Programme, to assist the JMA in the daily management of the Programme in accordance with Article 16 of the Implementing Rules.
Article 2
Functions of Designated Authorities
1. The respective tasks and responsibilities of the JMA and the JTS, as well as model of collaboration between bodies involved in Programme's management and administration are laid down in the Programme and above mentioned Programme's legal framework. The functions of the JMA and JTS have been determined in particular in Chapters 7.3, 7.4, and 7.5 of the Programme.
2. By signing this Agreement on the management and administration of the Programme (hereinafter referred to as the Agreement) the MRDLG accepts to fulfil the respective functions in compliance with the above mentioned Programme's legal framework, the Programme and this Agreement.
3. The Member States shall undertake their utmost to assist the JMA and the JTS in their efforts to fulfil the functions delegated by the Programme legal framework and to ensure implementation of the Programme.
Article 3
Joint Monitoring Committee
1. According to the Chapter 7.1 of the Programme, the Joint Monitoring Committee (hereinafter referred to as the JMC) is established to monitor effectiveness and quality of the implementation of the Programme in accordance with Article 11(2) of ENPI Regulation and according to Article 11 of the Implementing Rules. The Member States undertake to appoint their representatives to the JMC to act as the members or deputy members of the JMC.
2. Members of the JMC and their deputies shall serve the JMA as the central contact persons for all enquiries, reports etc. related to the Programme implementation and directed to the Member States.
3. Any appointment or any recall of a member of the JMC or deputy member of the JMC shall be reported to the JTS without delay.
4. Expenses related to the organization of the JMC meetings shall be financed by the Technical Assistance (hereinafter referred to as the TA) budget.
Article 4
Contributions for Technical Assistance
1. The Member States shall contribute to the TA in proportion to their individual share of total Programme TA budget in accordance with Annex of this Agreement "Technical Assistance annual contributions by Member States to the Estonia - Latvia - Russia Cross Border Cooperation Programme within European Neighbourhood and Partnership Instrument 2007 - 2013".
2. The JMA shall administer the European Community funding of the Programme and the national contributions to the TA budget.
3. According to Article 21 and Article 22 of the Implementing Rules, separate Programme accounts are opened in the State Treasury of the Republic of Latvia by the JMA for the European Community funding and the national TA annual contributions.
4. The MRDLG as the National Authority in the Republic of Latvia and the Ministry of the Interior of the Republic of Estonia (hereinafter referred to as the MoI) as the National Authority in the Republic of Estonia are responsible for planning of the TA annual contributions and making the payments to the Programme TA budget. TA contributions shall be transferred in 6 payments during the period 2010 to 2015 as it is indicated in the Annex of this Agreement "Technical Assistance annual contributions by Member States to the Estonia - Latvia - Russia Cross Border Cooperation Programme within European Neighbourhood and Partnership Instrument 2007 - 2013".
5. As in 2009 no TA annual contributions from the MRDLG and the MoI were requested, share of national TA annual contribution shall be apportioned for the period 2011 to 2014.
6. The MoI will transfer Estonia's national TA annual contribution for 2010 within one month after receiving a written request from the JMA indicating the amount of the national TA annual contribution for 2010 and the bank account specifications. The JMA shall prepare the request in a week's time after signing of this Agreement. Starting from 2011 the MoI will provide Estonia's national TA annual contributions to the Programme no later than 28 February of the respective year. An extension of this deadline by three months is possible in duly justified cases. The JMA will send a written request to the MoI three months prior to the due date indicating the bank account details, the amount of the national TA annual contribution for respective year in accordance with the approved Programme's TA budget and the payment due dates.
7. The Latvia's national TA annual contribution for the concerned year shall be available after the law on the State Budget of the Republic of Latvia for the respective year will come into force. MRDLG shall be responsible for ensuring of Latvia's national TA contribution for respective year in accordance with Annex of this Agreement "Technical Assistance annual contributions by Member States to the Estonia - Latvia - Russia Cross Border Cooperation Programme within European Neighbourhood and Partnership Instrument 2007 - 2013".
8. If at the end of the Programme implementation period the Member States have transferred more funds than actually have been used for the TA, the JMA will reimburse these funds respecting the proportion of the contribution.
Article 5
Technical Assistance Payments and Verification
1. The TA budget shall be approved annually by the JMC. The annual TA budget is allocated between the JMA and the JTS.
2. Annual Work Plan and the Proposal for the use of the TA budget for forthcoming year shall be approved by the JMC annually before 31 December. The TA budget for 2010 year is used in accordance with Annual Work Plan and the Proposal for the use of the TA budget for 2010 year that have been approved by the JMC on 8 April 2010.
3. The Member States' TA annual contributions shall be allocated in accordance with the procedure and timetable set out in Article 4 of this Agreement.
4. According to Article 14(3) and Article 16 of the Implementing Rules, the Chapter 7.3 and Chapter 7.5 of the Programme all expenditure related to the functioning of the JMA, the JTS shall be covered from the Programme TA budget according to the provisions laid down in the hosting agreements between the JMA and the State Regional Development Agency (hereinafter referred to as the SRDA) of the Republic of Latvia. Expenditures shall be covered within the limits indicated in the annual TA budget allocated for the JTS for the forthcoming year and approved by the JMC in accordance with the Programme legal framework.
5. Payments from the TA budget to the JTS shall be made by the hosting institution of the JTS - the SRDA.
6. The JMA, the JTS shall ensure that the TA budget expenditures are in line with the TA budget and Annual Work Plan approved by the JMC, respect Programme legal framework and comply with the respective national legislation governing the use of public funds.
7. According to Article 31 of the Implementing Rules the JMA shall contract an independent approved auditor who is a member of an internationally recognised supervisory body for statutory auditing to carry out each year an ex-post verification of the revenue and expenditure presented by the JMA and issue external audit report.
Article 6
Grant Contracts and General Conditions for Payments to
Beneficiaries
1. Following the decision of the JMC to approve an application for funding, the JMA shall act as the Contracting Authority and conclude a Grant Contract with the beneficiary (as determined in the Chapter 8.1.1 of the Programme). The Grant Contract providing the terms on the use of the granted European Community funding shall be based on the standard form approved by the JMC.
2. The Grant Contract shall be concluded in Euro (EUR). All amounts referred to in Grant Contract shall be expressed and disbursed in Euro (EUR) to the bank account specified by the beneficiary and indicated in the Grant Contract in accordance with the provisions of the Grant Contract.
3. Before exercising a right to terminate a grant contract or reduce the European Community funding according to Grant Contract provisions, the JMA shall present the case to the JMC and ask for its consent to terminate the contract.
4. The National Authorities of the Member States shall be informed on all changes in the concluded Grant Contracts.
Article 7
The Verification of the Project Expenditure
1. According to the Article 39 of the Implementing Rules and the Chapter 8.3.1 of the Programme the Member States (and partner country Russian Federation) have agreed on a control system making it possible to verify the soundness of the expenditure declared for projects or parts of projects implemented on their territories, and the compliance of such expenditure and of related projects or parts of those projects with European Community rules and their national rules. These verifications shall be carried out by independent approved audit companies selected by beneficiaries or project partners in accordance with the provisions of the Grant Contract.
Article 8
Recoveries and Financial Liability
1. By signing this Agreement, the Member States confirm their liability to pay the amount owing to the JMA as determined in the Article 27(2) of the Implementing Rules and Chapter 8.4.4. of the Programme.
2. The JMA shall elaborate and submit to the JMC for approval detailed procedure determining evaluation and registration of irregularities, recovery of irregularly carried out expenditure, record-keeping of irregularly carried out expenditure and recoveries; reporting on irregularities detected in the absorption of TA budget and its recovery procedures.
Article 9
Reporting Duties
1. The JMA shall provide Member States with information on the Programme implementation at least once a year via the Annual Report in accordance with Article 28(1) of the Implementing Rules and final report on implementation of the Programme in accordance with Article 32 of the Implementing Rules. The reports shall be approved by the JMC before it is submitted to the European Commission.
2. The appointed representatives of the Member State's National Authority and the JMC will have on - line "read only" access to the computerized Programme Management System.
Article 10
Member States' Contact Information
|
REPUBLIC OF ESTONIA |
1. Name and contact details of the Member State:
Ministry of the Interior
Pikk Street 61
Tallinn 15065
Estonia
Mr Siim Kiisler
Minister for Regional Affair
|
REPUBLIC OF LATVIA |
1. Name and contact details of the Member State:
Ministry of Regional Development and Local Government
Lacplesa Street 27
Riga, LV-1011
Latvia
Mr Valdis Dombrovskis
Head of Government
Minister of Regional Development and Local Government
Article 11
Concluding Provisions
1. The official language for implementation of the Programme is English.
2. This Agreement may be amended only in writing and on mutual agreement between the Member States and the JMA.
3. Without prejudice to the applicable European Union law, this Agreement shall be governed by the laws and regulations of the Republic of Latvia.
4. The JMA, the JTS and the Member States shall ensure keeping of the documentation related to the Programme implementation for seven years from the date of final balance payment for the Programme.
5. If any provision of this Agreement should be or become wholly or partly ineffective, all other provisions remain valid. The parties to this Agreement will undertake all necessary steps and actions to replace the ineffective provision by an effective provision which comes as close as possible to the purpose of the ineffective provision.
6. Where the disputes arise from or in connection with this Agreement, all parties shall seek an amicable solution in mutual way. Should the parties fail to reach an amicable solution, disputes shall be settled by the competent jurisdiction of the court of general jurisdiction in Riga, Republic of Latvia.
7. This Agreement shall be signed by the representatives of the Republic of Estonia, the Republic of Latvia and by the representative of the JMA. This Agreement shall enter into force on the date on which the last signature is given and shall apply for the duration of the implementation of the Programme including the preparation of the final report in accordance with Article 32 of the Implementing Rules and the closure of the whole Programme. The Agreement will be signed in three originals in English.
8. "Technical Assistance annual contributions by Member States to the Estonia - Latvia - Russia Cross Border Cooperation Programme within European Neighbourhood and Partnership Instrument 2007 - 2013" is an annex to this agreement and forms an integral part of it.
|
REPUBLIC OF ESTONIA |
1. Name and position of the signatory:
2. Place and date:
3. Signature and stamp: __________________________________________
|
REPUBLIC OF LATVIA |
4. Name and position of the signatory:
5. Place and date:
6. Signature and stamp: __________________________________________
|
JOINT MANAGING AUTHORITY |
1. Name and position of the signatory:
Ms. Arina Andreičika
Director of Development Instruments Department
Ministry of Regional Development and Local Government
2. Place and date:
Lacplesa Street 27
Riga, Republic of Latvia
3. Signature and stamp: __________________________________________
Annex
to the Agreement between the
Ministry of Regional Development
and Local Government of the Republic of Latvia Acting as the
Joint Managing Authority,
the Republic of Estonia and the Republic of Latvia on the
Management
and Administration of the Estonia - Latvia - Russia Cross Border
Cooperation
Programme within European Neighbourhood and Partnership
Instrument 2007 - 2013
Technical Assistance Annual Contributions by Member States to the Estonia - Latvia - Russia Cross Border Cooperation Programme within European Neighbourhood and Partnership Instrument 2007 - 2013
| Year |
Estonia's contribution (EUR) |
Latvia's contribution (EUR) |
| 2010 |
97 097 |
165 170 |
| 2011 (indicative) |
117 669 |
176 822 |
| 2012 (indicative) |
110 776 |
198 452 |
| 2013 (indicative) |
117 202 |
171 433 |
| 2014 (indicative) |
105 313 |
148 963 |
| 2015 (indicative) |
88 303 |
138 700 |
| Total: |
636 360 |
999 540 |
Ministru prezidents,
reģionālās attīstības un
pašvaldību lietu ministrs V.Dombrovskis
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