Updated: Wednesday July 25, 2018/AlArbia'a
Thoul Ki'dah 13, 1439/Budhavara
Sravana 03, 1940, at 11:30:15 PM
2014-2020 Structural Assistance Act
Passed 04.06.2014
RT I, 21.06.2014, 1
Entry into force 01.07.2014
Amended
by the following legal instruments (show)
§ 1. Scope of application
of Act
(1) This Act regulates the provision of structural
support upon implementation of the following operational and cooperation
programmes:
1) operational programme for the investment for
growth and jobs goal of the cohesion policy funds (hereinafter operational
programme) for the purposes of Article 96 of Regulation (EU) No 1303/2013 of
the European Parliament and of the Council laying down common provisions on the
European Regional Development Fund, the European Social Fund, the Cohesion
Fund, the European Agricultural Fund for Rural Development and the European
Maritime and Fisheries Fund and laying down general provisions on the European
Regional Development Fund, the European Social Fund, the Cohesion Fund and the
European Maritime and Fisheries Fund and repealing Council Regulation (EC) No
1083/2006 (OJ L 347, 20.12.2013, pp.320-469);
2) cooperation programme (hereinafter ETC
programme) specified in Article 8 of Regulation (EU) No 1299/2013 of the
European Parliament and of the Council on specific provisions for the support
from the European Regional Development Fund to the European territorial
cooperation goal (OJ L 347, 20.12.2013, pp.259-280);
3) operational programme (hereinafter operational
programme for the Fund for Aid) for the purposes of Article 7 of Regulation
(EU) No 223/2014 of the European Parliament and of the Council on the Fund for
European Aid to the Most Deprived (OJ L 72, 12.03.2014, pp.1-41);
4) cross-border cooperation programme
(hereinafter ENI programme) specified in Title III of Regulation (EU) No
232/2014 of the European Parliament and of the Council establishing a European
Neighbourhood Instrument (OJ L 77, 15.03.2014, pp.27-43).
(2) This Act and legislation issued on the basis
thereof shall apply to the proceedings prescribed in this Act, in the case of
the ETC and ENI programmes for which the managing authority is located in
Estonia, also as indicated in the decisions made by the monitoring committee,
as well as the European Union legislation and the Administrative Procedure Act
in the matters not regulated therein.
(3) The provisions of Chapters 1 and 2 of this Act
shall apply upon the implementation of the ETC programme, taking account of the
specifications arising from Chapter 4.
(4) Upon implementation of the operational programme
of the Fund for Aid the provisions of Chapters 1 and 3 of this Act shall apply,
taking account of specifications arising from Chapter 5 of this Act and from Regulation
(EU) No 223/2014 of the European Parliament and of the Council.
(5) Upon implementation of the ENI programme the
provisions of Chapters 1 and 2 of this Act shall apply, taking account of the
specifications arising from Chapter 6 of this Act.
[RT I, 25.11.2015, 2 – entry into force 05.12.2015]
For the purposes of this Act the following
definitions apply:
1) ‘structural support’ (hereinafter support)
means the provision of financial support for the recovery of eligible costs of a
beneficiary or partner from the resources of the European Regional Development
Fund, the European Social Fund and the Cohesion Fund (hereinafter together
Fund) and from the resources allocated by the Estonian state for a specific
purpose of the co-financing of such resources (hereinafter national
co-financing) where it is provided for in the budget for a measure or activity
under a measure;
2) ‘the objective of the priority axis’ means
a specific objective of investment priority specified in point (b) (i) of
Article 96 (2) of Regulation (EU) No 1303/2013 of the European Parliament and
of the Council;
3) ‘a measure’ means a set of activities
applied to achieve the objectives and expected results of the priority axis
(hereinafter the priority axis) of the operational programme for the purposes
of Article 96 (1) of Regulation (EU) No 1303/2013 of the European Parliament
and of the Council;
4) ‘a project’ means an activity or a set of
related activities with the identified result, budget and limited timeframe,
for the reimbursement of the accompanying costs incurred thereby the support is
requested or used;
5) ‘eligible cost’ means the expenditure
which is in compliance with the national and European Union legislation
pursuant to Article 65 (1) of Regulation (EU) No 1303/2013 of the European
Parliament and of the Council and, in the case of the expenditure provided in
Chapter 4 of this Act, also with the decision of the ETC or ENI programme
monitoring committee;
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
6) ‘the eligibility period’ means a period
which is set out in the grant decision, investment plan, legislation on the
conditions for the provision of support specified in subsection 13 (1) of this
Act, the contract specified in subsection 18 (2) of this Act or the time
period, which is set out in the directive specified in subsection 18 (4) of
this Act, falling into the period from 1 January 2014 to 31 December 2023.
7) ‘self-financing’ means part of the
eligible expenditure incurred by the beneficiary or partner, which is not
reimbursed from the support;
8) ‘applicant’ means a natural person, legal
person, state agency or local government authority that has submitted an
application for receiving support (hereinafter application);
[RT I, 06.07.2018, 2 - entry into force 16.07.2018, implemented retroactively
starting from 1 May 2018]
9) ‘beneficiary’ means an applicant whose
application has been approved, or a person or authority specified in clause 16
(1) 1) of this Act, a body implementing the financial instruments for the
purposes of Article 38 (1) of Regulation (EU) No 1303/2013 of the European
Parliament and of the Council (hereinafter body implementing the financial
instrument) and a person specified in Article 13 of Regulation (EU) No 1299/2013
of the European Parliament and of the Council and in point (s) of Article 2 and
Article 45 of Commission Implementing Regulation (EU) No 897/2014 laying down
specific provisions for the implementation of cross-border cooperation
programmes financed under Regulation (EU) No 232/2014 of the European
Parliament and the Council establishing a European Neighbourhood Instrument (OJ
L 244, 19.08.2014, pp.12-54);
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
10) ‘partner’ means a natural person, legal
person, state and local government body or an international organisation
specified in an application for support or in the directive on the conditions
for the provision of support specified in subsection 13 (1) of this Act, who
participates in the implementation of the project activities supported and
incurs expenditures in the course thereof;
11) ‘final recipient’ is a person or agency
to whom the beneficiary shall provide support pursuant to the legislation on
the conditions for the provision of support specified in subsection 13 (1) of
this Act or the grant decision or who receives support from the financial
instruments for the purposes of point (11) of Article 2 of Regulation (EU) No
1303/2013 of the European Parliament and of the Council (hereinafter financial
instrument).
Chapter 2PARTNERSHIP AGREEMENT
§ 3. Drawing up and
approval of Partnership Agreement
(1) The Ministry of Finance shall draw up a
Partnership Agreement specified in Article 14 of Regulation (EU) No 1303/2013
of the European Parliament and of the Council (hereinafter Partnership
Agreement) in cooperation with the 1st level intermediate bodies assigned on
the basis of 12 (3) of this Act and the Ministry of Rural Affairs and shall
conduct negotiations with the European Commission.
[RT I, 30.06.2015, 4 – entry into force 01.09.2015]
(2) The Partnership Agreement shall be approved by the
Government of the Republic on the proposal of the Ministry of Finance. The
Ministry of Finance shall submit the Partnership Agreement which is approved by
the Government of the Republic to the European Commission.
§ 4. Preparation of
progress report on partnership agreement
The Ministry of Finance shall draw up a progress
report specified in Article 52 of Regulation (EU) No 1303/2013 of the European
Parliament and of the Council on the implementation of the Partnership
Agreement in cooperation with the 1st level intermediate bodies and the
Ministry of Rural Affairs. The Ministry of Finance shall submit the progress
report to the Government of the Republic and the European Commission.
[RT I, 30.06.2015, 4 – entry into force 01.09.2015]
Chapter 3IMPLEMENTATION OF OPERATIONAL PROGRAMME
Division 1Operational programme
§ 5. Drawing up and
approval of operational programme
(1) The managing authority shall draw up the
operational programme in cooperation with the 1st level intermediate bodies and
conducts negotiations with the European Commission.
(2) The Government of the Republic shall approve the
operational programme on the proposal of the managing authority. The managing
authority shall submit the operational programme approved by the Government of
the Republic to the European Commission.
Division 2Managers and auditor of implementation of
operational programme and their functions
(1) The Ministry of Finance is a managing authority
for the purposes of Article 123 (1) of Regulation (EU) No 1303/2013 of the
European Parliament and of the Council.
(2) The managing authority shall perform the functions
of the member state and the managing authority provided for in Regulation (EU)
No 1303/2013 of the European Parliament and of the Council, unless the
performance of the function has been imposed on the 1st level intermediate body
or the 2nd level intermediate body by this Act, and the functions specified in
this Act or legislation issued on the basis thereof.
(3) If the expected value of the procurement contract
is equal to or is in excess of the public procurement threshold specified in
the Public Procurement Act, the minister responsible for the area may designate
by a directive with regard to which measure, activity under the measure, goods
or service the compliance with the Public Procurement Act shall be verified by
the managing authority.
§ 7. 1st level
intermediate body
(1) Pursuant to subsection 12 (3) of this Act a
ministry appointed by the Government of the Republic or the Government Office
shall be the 1st level intermediate body.
(2) The 1st level intermediate body shall perform the
following functions of the managing authority (hereinafter functions of the 1st
level intermediate body):
1) development and establishment of the
conditions for the provision of support and monitoring of the performance
thereof;
2) guidance of the 2nd level intermediate
body upon the implementation of the legislation concerning the conditions for
the provision of the support;
3) submission of proposals to the Ministry of
Finance for amendment of the Partnership Agreement and operational programme;
4) performance of other functions of the
managing authority that have been imposed on the 1st level intermediate body by
this Act and the legislation issued on the basis thereof.
(3) The 1st level intermediate body shall submit the
information which is necessary for the performance of the functions to the
managing authority and the certification authority by the time and in the
manner required. In duly justified cases and, where possible, due to the
objective of getting the information, the time limit for submission of the
information may be extended with the consent of the managing authority and
certification authority.
§ 8. 2nd level
intermediate body
(1) Pursuant to subsection 12 (3) of this Act the 2nd
level intermediate body shall be an authority of executive power or a legal
person governed by public or private law designated by the Government of the
Republic.
(2) The 2nd level intermediate body shall perform the
following functions of the managing authority (hereinafter functions of the 2nd
level intermediate body):
1) provide information to the public and
potential applicants on the possibility to receive support and on the procedure
for the application thereof;
2) process the application and decide on
whether or not to satisfy the application, except to the extent pursuant to
Article 7 (4) and (5) of Regulation (EU) No 1301/2013 of the European
Parliament and of the Council on the European Regional Development Fund and on
specific provisions concerning the Investment for growth and jobs goal and
repealing Regulation (EC) No 1080/2006 (OJ L 347, 20.12.2013, pp.289-302);
3) provide explanations to applicants and
beneficiaries in issues relating to the provision and use of support;
4) process payment applications, inter alia,
it may suspend the processing of payment applications, and pay out the support
or withhold payment;
5) decide on full or partial revocation of
the grant decision, except to the extent provided for in Article 7 (4) and (5)
of Regulation (EU) No 1301/2013 of the European Parliament and of the Council;
6) make a financial correction decision and
demand recovery of sums of unduly paid support, except for in the case
specified in subsection 45 (3) of this Act;
7) collect data about the participants in the
activities funded from the European Social Fund in accordance with point (e) of
Article 125 (2) of Regulation (EU) No 1303/2013 of the European Parliament and
of the Council;
8) perform other functions of the managing
authority which have been imposed on the 2nd level intermediate body by this
Act and the legislation issued on the basis thereof.
(3) Where a legal person is authorised to perform the
functions of the 2nd level intermediate body on the basis of subsection 12 (3)
of this Act, the 1st level intermediate body shall enter into an administrative
contract in the procedure provided for in the Administrative Cooperation Act,
which includes agreements on the specification of the amounts and conditions
for the using of the resources provided for covering the expenditures
accompanying the performance of the functions of the 2nd level intermediate
body not reimbursed from the support, the amount covered from self-financing
for the expenditures accompanying the performance of the functions of the 2nd
level intermediate body and the procedure for the performance of functions of the
1st level intermediate body and of the 2nd level intermediate body in the part
not regulated in the legislation. The budget of the measure or activity under
the measure implemented by the 2nd level intermediate body may be set out in
the administrative contract.
(31) If pursuant to the list of measures approved on
the basis of subsection 12 (3) of this Act the functions of the 2nd level
intermediate body shall be performed partially or fully by another authority or
other legal person, subsection 112 (1) of the Employment Contracts Act shall be
applied upon the transfer of the employment contracts of employees related to
the performance of such functions to another authority or other legal person.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
(4) The 1st level intermediate body shall conduct
administrative supervision over the compliance with the contract specified in
subsection (3) of this section.
(5) The 2nd level intermediate body shall submit the
information necessary for the performance of their duties to the managing
authority, 1st level intermediate body and certification authority by the time
and in the manner required by them. Where justified and if it is possible
resulting from the objective of receiving information, the time limit for submission
of information may be extended with the agreement of the managing authority,
1st level intermediate body and certification authority.
(1) The certification authority for the purposes of
Article 123 (2) of Regulation (EU) No 1303/2013 of the European Parliament and
of the Council is the Ministry of Finance. In accordance with paragraph (3) of
the same article the minister responsible for the area may decide that the
managing authority shall perform the functions of the certification authority.
(2) A certification authority shall perform the
functions of a certification authority provided for in Regulation (EU) No
1303/2013 of the European Parliament and of the Council and this Act and the
legislation issued on the basis thereof.
§ 10. Authorisation for
and termination of performance of functions
(1) [Repealed - RT I, 06.07.2018, 2 - entry into force
16.07.2018]
(2) If the managing authority has declared that the
work procedures prescribed for the performance of functions of the 1st level
intermediate body and 2nd level intermediate body are in compliance with the
requirements provided in Regulation (EU) No 1303/2013 of the European
Parliament and of the Council, this Act and the legislation issued on the basis
thereof, the head of the managing authority shall authorise by a directive the
1st level intermediate body and 2nd level intermediate body to perform the
functions.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
(3) [Repealed - RT I, 06.07.2018, 2 - entry into force
16.07.2018]
(4) Where, as a result of an audit or control, an
assessment is given that the performance of functions of the 1st level
intermediate body or the 2nd level intermediate body is not in compliance with
the requirements provided in Regulation (EU) No 1303/2013 of the European
Parliament and of the Council, this Act and the legislation issued on the basis
thereof, the head of the managing authority may suspend or terminate the
performance of functions of the 1st level intermediate body or the 2nd level
intermediate body. A further performer of the functions of the 1st level
intermediate body or the 2nd level intermediate body shall be appointed
pursuant to § 12 of this Act.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
(5) The performance of functions of a managing
authority, certification authority, 1st level intermediate body and 2nd level
intermediate body shall terminate upon the completion of the obligations
arising from Regulation (EU) No 1303/2013 of the European Parliament and of the
Council.
(1) The auditing authority for the purposes of Article
123 (4) of Regulation (EU) No 1303/2013 of the European Parliament and of the
Council is the Ministry of Finance.
(2) The auditing authority shall perform the functions
of an auditing authority provided for in Regulation (EU) No 1303/2013 of the
European Parliament and of the Council, this Act and the legislation issued on
the basis thereof. An auditing authority may authorise a legal person or an
authority of executive power to carry out an audit.
(3) For the performance of functions of an auditing
authority, the auditing authority and a person or authority authorised thereby
shall have the right to audit the managing authority, certification authority,
1st level intermediate body, 2nd level intermediate body and beneficiary and
obtain access to information relating to the performance of functions and
obligations of the auditee and the partner and to the information related to
the use of support, including accounting, to make copies of the evidence for
taking along, to ask questions from the auditee and the partner and to stay in
the premises and territory of the auditee and the partner.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018
(4) For the verification of the legality of the
provision of support a person and authority authorised by the auditing
authority and a person or authority authorised thereby shall have the right for
access to information related to the support of the final recipient from the financial
instrument in the cases specified in Article 40 (3) of Regulation (EU) No
1303/2013 of the European Parliament and of the Council, including accounting,
make copies of the evidence for taking along, ask questions from the final
recipient and stay in the premises and territory thereof.
(5) The auditee, partner and, in the cases specified
in Article 40 (3) of Regulation (EU) No 1303/2013 of the European Parliament
and of the Council the final recipient, are required to provide all possible
help for the performance of the functions thereof.
(6) The procedure for audits pursuant to Article 124
(2) and Article 127 (1) of Regulation (EU) No 1303/2013 of the European
Parliament and of the Council, for the auditing strategy specified in Article
127 (4) of the same regulation and for drawing up the opinion of the auditing
authority and annual auditing report specified in subsection (5) of the same
Article shall be established by the regulation of the Government of the
Republic.
Division 3Establishment of list of measures and
conditions for provision of support
§ 12. Drawing up list of
measures and approval thereof
(1) The Ministry of Finance shall draw up a list of
measures in cooperation with the ministries and the Government Office
(hereinafter list of measures) including:
1) the priority axis;
2) the objective of priority axis;
3) the name of measure;
4) the objective of the measure;
5) the activity under the measure;
6) the output indicator of a measure with
the base line and target values;
7) the budget of the measure;
8) the name of fund;
9) the amount of fund resources and national
co-financing;
10) percentage of fund resources to budget;
11) the name of the 1st level intermediate
body and 2nd level intermediate body;
12) where necessary, obligation to submit
information about a measure or activity under the measure in the draft
explanatory memorandum on the conditions for the provision of support after the
termination of the measure or activity under the measure;
13) information about whether the measure
or activity under the measure has an impact on the objectives of the climate
and environmental protection, equal opportunities, information society,
regional development or state governance (hereinafter horizontal themes).
(2) If several 1st level intermediate bodies are
responsible for achievement of the result of the measure, the facts specified
in subsection (1) of this section shall be specified on the list of measures
for each measure or activity under the measure.
(3) The list of measures shall be approved by the
Government of the Republic on the proposal of the Ministry of Finance.
§ 13. Drawing up and
establishment of conditions for provision of support
(1) The conditions for the provision of support. shall
be established by a regulation of the minister pursuant to §§ 14, 15 and 20 of
this Act and by a directive of the minister pursuant to § 16 and subsection 18
(4) of this Act and they are included in the financial instruments implementing
agreement specified in subsection 18 (2) and the joint action plan specified in
§ 17 of this Act. If the Government Office is the 1st level intermediate body,
the conditions for the provision of support shall be established by a
regulation of the Government of the Republic and a directive of the Secretary
of State.
(2) The conditions for the provision of support for
the implementation of a measure or activity under the measure on the list of
measures shall be drawn up in accordance with the national and European Union
legislation.
(3) The draft legislation containing the conditions
for the provision of support, the financial instruments implementing agreement
and the joint action plan, specified in subsection (1) of this section, shall
be coordinated with the managing authority, 1st level intermediate body
included in the thematic committee, and other 1st level intermediate bodies
that are responsible for implementing the same priority axis measure, activity
under the measure or a set of activities under the measures. The 1st level
intermediate body that is responsible for implementing the horizontal themes
shall coordinate the draft legislation of another 1st level intermediate body
if, pursuant to the list of measures, the measure has an impact on the
objectives of the horizontal themes in the area of responsibility thereof.
(4) The coordinator shall grant its accord to the
draft legislation containing the conditions for the provision of support, the
financial instrument implementing agreement and the draft joint action plan,
specified in subsection (1) of this section, or submit the reasons for refusal
to coordinate within ten working days as of the receipt of the draft
resolution. In substantiated cases the time limit may be extended at the
request of the applicant for the grant of accord or the coordinator. If the
coordinator has failed to submit information on the coordination within the
term, the draft resolution is deemed to have been approved by the coordinator.
(5) The conditions and procedure for the expenditures
to be considered eligible for the provision of support shall be established by
a regulation of the Government of the Republic.
(6) The directive specified in subsection 16 (1) of
this Act and the financial instruments implementing agreement specified in
subsection 18 (2) of this Act and the directive on the implementation of the
financial instrument specified in subsection 18 (4) shall be submitted to the
managing authority within ten working days as of the signing.
§ 14. Provision of
support upon open application
Upon open application for the provision of
support the head of the 1st level intermediate body shall establish a
regulation on the conditions for the provision of support, laying down:
1) the priority axis measure, activity under
the measure or a set of activities under the measure for which support is
provided to achieve the results thereof;
2) the activities supported and the
objective of the provision of support and, subject to the objective of a
measure, activity under the measure or a set of activities under the measure,
where necessary, the objectives specified in the development plan of the area,
or in the absence thereof, in the development plan of the area of government of
a ministry or the Government Office or a development plan of the local
government or regional development plan, for achievement of which the support
is required to contribute to;
3) pursuant to the list of measures the
output indicator of the activity under the measure into which the project is
required to contribute;
4) a reference to the European Union
legislation regulating the provision of state aid or de minimis aid or §
341 of the Competition Act if the state aid is provided on the basis of
the decision of the European Commission;
5) activities which may be conducted outside
of Estonia pursuant to Article 70 of Regulation (EU) No 1303/2013 of the
European Parliament and of the Council;
6) the period of eligibility of a measure or
activity under the measure, which shall include the period of eligibility of
the project;
7) the types of eligible or illegible
expenditures and the conditions for considering other expenditures as eligible,
including the limits on the provision of support related to the generating of
net revenue specified in Article 61 and Article 65 (8) of Regulation (EU) No
1303/2013 of the European Parliament and of the Council;
8) the minimum or maximum percentage of the
support from eligible expenditures and, where necessary, maximum or minimum
amount of the support;
9) requirements for an applicant and an
application and, where appropriate, for the partner, including, where
necessary, the possibility to restrict the provision of support to a concrete
activity, area or target group;
10) the procedure for submission of
application and considering the application and the applicant to be in
compliance with the requirements;
11) criteria and methods for the selection
of projects, which have taken account of the requirements and principles
specified in point (a) of Article 125 (3) of Regulation (EU) No 1303/2013 of
the European Parliament and of the Council;
12) the terms and procedure for the
notification of the grant decision and refusal to satisfy an application;
13) the conditions, terms and procedure for
amendment of the grant decision;
14) the rights and obligations of the
beneficiary and partner, including, where necessary, the procedure for the
performance of the obligation specified in subsection 26 (6) of this Act;
15) the procedure for submission of
information, documents and reports related to the use of support;
16) the procedure for submission of source
documents and for ex ante and ex post verification, where appropriate;
[RT I, 01.07.2017, 1 - entry into force 01.09.2017]
17) where necessary, the obligation to use
a competence centre, if that is designated, for the purposes of subsection 27
(1) of this Act;
18) the conditions and procedure for
payment of support, including the term for proceeding the application for
payment and the amount of the final payment;
19) a body conducting the proceeding of challenges;
20) the procedure for the transfer of the
documents and other evidence to the 2nd level intermediate body if the transfer
is allowed.
§ 15. Provision of
support on basis of investment plan
(1) The 1st level intermediate body may prepare an investment
plan for the provision of support to investment projects of national or
regional importance, which is drawn up pursuant to the regulation on the
conditions for the provision of support, established on the basis of subsection
(2) of this section;
(2) For the provision of support based on the
investment plan the head of the 1st level intermediate body shall establish a
regulation on the conditions for the provision of support, which, in addition
to the provisions of § 14 of this Act, shall provide for;
1) conditions and procedure for preparation
of the investment plan;
2) procedure for notification of a failure
to include the project in the investment plan;
3) an activity or circumstance under which
the implementation of the project is deemed to have started;
4) conditions and procedure for amendment of
the investment plan, including the increasing of the support.
(3) Upon establishment of the conditions and procedure
for preparation of the investment plan specified in clause (2) 1) of this section
the provisions of the legislation issued on the basis of §§ 21 and 22,
subsection 23 (1) and subsection 21 (6) of this Act may be implemented.
(4) On the proposal of the 1st level intermediate body
the Government of the Republic shall approve the investment plan which includes
the following data for projects:
1) applicant for the project;
2) name of the project;
3) objective of the project;
4) results of the project;
5) estimated time limit for implementation
of the project;
6) estimated cost of the project;
7) maximum amount of support to be allocated
for the project;
8) maximum percentage of support from
eligible expenditures;
9) amount of additional fixed costs of
further use of the investment object specified in the project and the sources of
covering thereof by years starting from the beginning of the period of the
eligibility for support of the project until the compliance with the obligation
specified in clause 24 14) of this Act.
10) additional data specified in the
regulation on the conditions for the provision of support.
(5) For the purposes of clauses 60 4)-6) of the State
Budget Act the obligations that exceed the maximum limit of financial
commitments for the forthcoming financial year in the area of government of a
ministry or the Government Office pursuant to subsection 60 (4) of the State
Budget Act shall be considered additional fixed costs specified in clause (4)
9) of this section.
(6) The 1st level intermediate body shall have the
rights specified in subsection 42 (1) and clause 42 (2) 1) of this Act upon
verification of the data submitted for the preparation of the investment plan.
(7) If the project is not included in the draft
legislation of the investment plan or the project is excluded from the
investment plan, the 1st level intermediate body shall make the decision of the
non-inclusion into the plan. If a project of a state authority is not included
in the plan, the 1st level intermediate body shall notify the state authority
thereof, giving a reason for non-inclusion into the investment plan in the
notice.
(8) Pursuant to subsection (4) of this section the
investment plan may be approved by a directive of the head of the 1st level
intermediate body if:
1) investment projects of national or
regional importance have been approved by the decision of the Government of the
Republic in the implementation plan of the development plan in the area or
2) the plan is prepared for the investment
projects of the authority of executive power.
§ 16. Provision of
support for activities of 1st level intermediate body
(1) If the implementer of the supported activities is
a ministry or the Government Office being the 1st level intermediate body, the
head of the 1st level intermediate body shall establish a directive on the
conditions for the provision of support, which, in addition to the provisions
of clauses 14 1)-8) and 14)-18) of this Act, provides for:
1) the implementer of the supported
activities;
2) the descriptions of the supported
activities, including the description of the activities of the partner, and the
time schedule;
3) the budget of the supported activities,
which includes the budget of eligible expenditures of each activity supported,
making the distinction between the resources of the fund specified in clause 2
1) of this Act and the state co-financing, the percentage of the support from
eligible expenditures, eligible expenditures of the partner, including the
distribution of the support and self-financing, and the estimated cost of the
activities not supported;
4) appropriate conditions for the provision
of support to the final recipient specified in § 14 of this Act if the
supported activity involves the provision of support to the final recipient by
the implementer of the supported activities and the conditions for the
provision of support are not established by a regulation under subsection (3)
of this section.
(2) If the directive on the conditions for the
provision of support involves several projects, the conditions specified in
subsection (1) of this section shall be determined for each project.
(3) If the implementer of the supported activities is
a ministry or the Government Office, which provides support to the final
recipients, the conditions for the provision of support under § 14 of this Act
shall be established for the final recipient by the implementer of the
supported activities if they are not included in the directive on the
conditions for the provision of support.
(4) A legal person or an authority of executive power
may be authorised to implement the supported activities under subsection (1) of
this section. If the implementer of the supported activities is a legal person,
the 1st level intermediate body may, where necessary, enter into an
administrative contract with the implementer of the supported activities
pursuant to the procedure provided for in the Administrative Cooperation Act.
(5) The 1st level intermediate body shall carry out
administrative supervision over the compliance with the contract specified in
subsection (4) of this section.
(6) The draft of the directive on the conditions for
the provision of support and of the amendment thereof shall be submitted for
accord under subsection 13 (3) of this Act together with the explanatory
memorandum, which is in compliance with the requirements established for
explanatory memorandum of the regulation.
§ 17. Provision of
support based on joint action plan
(1) An application for a joint action plan shall be
prepared by the 1st level intermediate body in accordance with the provisions
of Articles 104-106 of Regulation (EU) No 1303/2013 of the European Parliament
and of the Council. The application for a joint action plan shall be submitted
for approval to the European Commission by a managing authority.
(2) A managing authority or the 1st level intermediate
body with the consent of the managing authority shall set up a steering
committee for the joint action plan (hereinafter steering committee) pursuant
to Article 108 (1) of Regulation (EU) No 1303/2013 of the European Parliament
and of the Council which shall perform the functions specified in subsection
(2) of the same article, designate the chairman of the steering committee and
establish the rules of procedure for the steering committee. At least one
member of the steering committee shall be a representative of the managing
authority.
§ 18. Provision of
support for financial instrument
(1) Upon the provision of support for the financial
instrument the1st level intermediate body or managing authority shall carry out
or arrange an ex ante assessment required in Articles 37 (2) of Regulation (EU)
No 1303/2013 of the European Parliament and of the Council and, based on the
results of the ex ante assessment, shall develop the conditions for the
provision of support.
(2) For the purposes of points (a) and (b) of Article
38 (4) of Regulation (EU) No 1303/2013 of the European Parliament and of the
Council the 1st level intermediate body shall conclude a funding agreement
(hereinafter the financial instruments implementing agreement) with the implementer
of the financial instrument pursuant to subsection (7) of the same article,
which shall include the conditions specified in point (1) of Annex IV to the
same regulation.
(3) The1st level intermediate body shall carry out
administrative supervision over the compliance with the financial instruments
implementing agreement.
(4) If the implementer of the financial instrument is
the 1st level intermediate body or the 2nd level intermediate body, the head of
the 1st level intermediate body shall establish a directive on the conditions
for the provision of support (hereinafter directive on the implementation of
financial instrument) which includes the conditions specified in point (2) of
Annex IV of Regulation (EU) No 1303/2013 of the European Parliament and of the
Council, having prior coordinated the draft directive with the monitoring
committee of the operational programme pursuant to Article 38 (8) of the same
regulation.
(5) The 1st level intermediate body may allow the
implementer of the financial instrument to establish specifying conditions for
the implementation of the funding instrument under the funding agreement or the
directive on the implementation of the financial instrument.
(6) Upon submission of the draft agreement or the
draft directive on the financial instruments implementation for accord pursuant
to subsection 13 (3) of this Act, a document reflecting the results of the ex
ante assessment specified in subsection (1) of this section shall be appended
to the draft.
§ 19. Use of funds returned
to financial instrument
(1) The 1st level intermediate body shall ensure that
the support provided for the financial instrument or the funds returned for the
purposes of Article 44 of Regulation (EU) No 1303/2013 of the European
Parliament and of the Council and the revenue, yields or other earnings
generated thereby (hereinafter funds returned) shall be used in the same
financial instrument or other financial instrument in accordance with Article
43 (2) and Article 44 (1) of the same regulation until 31 December 2013.
(2) On the proposal of the Ministry of Finance the
Government of the Republic shall approve the area, objectives and results of
the use of funds returned from 1 January 2014 until 31 December 2031 and the
authority responsible for the use of the resources in accordance with Article
45 of Regulation (EU) No 1303/2013 of the European Parliament and of the
Council.
(3) An authority responsible for the use of the
instruments specified in subsection (2) of this section shall inform the managing
authority, at the request thereof, about the use of these funds, who in its
turn shall notify the European Commission.
§ 20. Provision of
support as technical assistance
(1) Support is granted as technical assistance
pursuant to Article 59 of Regulation (EU) No 1303/2013 of the European
Parliament and of the Council.
(2) The head of the 1st level intermediate body shall
establish a regulation on the conditions for the provision of support as
technical assistance where the appropriate conditions specified in § 14 of this
Act are provided.
(3) The 1st level intermediate body under whose
measure or activity under the measure the 2nd level intermediate body performs
functions shall ensure the financial instruments for self-financing of the
performance of functions of the 2nd level intermediate body and the covering of
the ineligible expenditures.
Division 4Processing of application and revocation of
grant decision
§ 21. Application for
support and processing of application
(1) An application shall be submitted pursuant to the
requirements and conditions provided for in the regulation on the conditions
for the provision of support. An applicant shall have the right to get
explanations from the 2nd level intermediate body about the conditions and requirements
provided for in the regulation on the conditions for the provision of support.
(2) An applicant is required to:
1) to certify that the information provided
in the application is in compliance with the requirements and conditions
provided for in the regulation on the provision of support;
2) at the request of the 2nd level
intermediate body submit additional data within the term determined by the 2nd
level intermediate body;
3) certify its capacity to carry out
activities that are not supported in the project if so required in the
regulation on the conditions for provision of support;
4) enable and provide every assistance for
the on-the-spot verification of the data submitted in the application at the
applicant, partner or on the site of the activities planned;
5) notify immediately of the changes in the
data submitted in the application or of a circumstance revealed, which may have
an impact on the making of the decision on the application.
(3) In the case of a failure to submit the application
within the time limit, the term for the submission of the application shall not
be restored and the application shall not be accepted by a decision for
verification of the compliance with the requirements and conditions provided
for in the regulation on the conditions for the provision of support.
(4) The verifier of the prerequisites for acceptance
of the application, the verifier of the compliance with the requirements of the
application, the appraiser of the application and the person making the decision
to satisfy or refuse to satisfy the application shall be competent and fair
with regard to the applicant and, if there are additional requirements provided
for in the regulation on the conditions for the provision of support, shall
also comply with these requirements. The processor of the application may not
be a person who has been convicted of an offence related to office on the basis
of the court judgment or on the basis of §§ 209, 210, 211, 212, 2172or 280 of
the Penal Code and whose penalty data have not been deleted from the punishment
register and entered into the archive.
(5) If the project is appraised and selected pursuant
to the public selection criteria and procedure and the decision on the refusal
to satisfy the application is based on the total grade or overall assessment,
the reason for the total grade of the project or the appraisals and
considerations of the appraisers shall not be further explained upon motivating
the decision to satisfy or refuse to satisfy the application.
(6) The requirements and conditions for an applicant,
a partner, an application, the processing of application, including appraisal
of the capability to contribute to the self-financing and the selection of
projects, shall be established by a regulation of the Government of the
Republic.
(7) The 2nd level intermediate body shall have the
rights specified in subsection 42 (1) and clause 42 (2) 1) of this Act for the
on-the spot verification of the data submitted in the application at an
applicant and a partner and on the site of the implementation of the planned
activities.
§ 22. Grant decision and
decision to amend thereof and revocation of grant decision
(1) If the application and the application for
amendment of the grant decision are in compliance with the regulation on the
conditions for provision of support, the grant decision or the decision to
amend the grant decision shall be made accordingly.
(2) If the application and the application for
amendment of the grant decision are in non-compliance with the regulation on
the conditions for provision of support, the decision to deny grant decision or
the decision to refuse amendment of the grant decision shall be made
accordingly.
(3) The grant decision shall be revoked partially or
fully in the following cases:
1) circumstances become evident in which
case the application would not have been satisfied or the application would
have been satisfied in part;
2) false or incomplete information has been
submitted upon the application or implementation of the project or information
has been omitted deliberately;
3) upon the grant decision with secondary
conditions the secondary conditions do not arrive or secondary conditions
cannot be complied with;
4) the application of the beneficiary for
amendment of the grant decision is not satisfied and it is impossible for the
beneficiary to continue using the support under the conditions prescribed;
5) the beneficiary submits an application
for waiver of the use of the support.
(4) The requirements and conditions in the regulation
on the conditions for the provision of support applied to the making of or
refusal to make the grant decision and to amendment of the grant decision shall
be established by a regulation of the Government of the Republic.
(5) If the grant decision is void for the purposes of
the Administrative Procedure Act or is revoked on the basis of subsection (2)
of this section, the beneficiary shall pay back the support received under the
conditions and in the procedure provided for in §§ 48 an 49 of this Act.
§ 23. Hearing of
applicant and beneficiary
(1) An applicant is given an opportunity to present
the positions thereof before:
1) partial satisfaction of the application;
2) refusal to satisfy the application,
except in the cases the decision is based on the data submitted in the
application and the data and explanations submitted for elimination of faults.
(2) The beneficiary shall be given an opportunity to
submit the positions thereof before:
1) the issue of precept;
2) the revocation or amendment of the
decision to satisfy the application, except in the case where the application
of the beneficiary is satisfied in full;
3) the making of a decision on financial
correction.
Division 5Obligations of beneficiary and partner
§ 24. Obligations of beneficiary
The beneficiary is required to:
1) ensure the implementation of the project
under the prescribed conditions and achievement of the result planned;
2) ensure that self-financing is provided to
the prescribed extent and in the required procedure;
3) certify the capability of implementation
of activities related to the project that are not supported,;
4) ensure that there are persons with the
necessary qualification and legal ability for implementation of the activities;
5) submit the correct and complete data, a
proper document and the report on the implementation of the project by the
deadline and in the required manner;
6) certify the eligibility of the
expenditures and achievement of the planned result;
7) collect data specified in point (e) of
Article 125 (2) of Regulation (EU) No 1303/2013 of the European Parliament and
of the Council for a participant in the operation supported from the funds of
the European Social Fund and submit the data to the 2nd level intermediate
body;
8) inform the 2nd level intermediate body
immediately in writing or in a format which can be reproduced in writing of the
change of data submitted in the application or related to the project, a
circumstance hindering implementation of the project, including bankruptcy
proceedings, liquidation proceedings, appreciation or depreciation of the
project and the transfer of assets related to the project to another person or
authority;
9) apply for the amendment of the grant
decision if the conditions can be changed and the 2nd level intermediate body
is required to approve the amendment thereof by a decision;
10) enable and ensure that the partner and
the final recipient allow the auditor and the verifier to stay in their
premises and territory relating to the project, provide oral and written
explanations and data about the implementation of the project, including the
using of the support, inter alia, extracts from the accounting programme and
bank account, and allow them to make copies and extracts from the documents;
11) distinguish between the eligible and
ineligible expenditures relating to the project, using separate accounting
system or accounting codes therefor, except in the cases specified in points
(b) to (d) of Article 67 (1) and Article 68 of Regulation (EU) No 1303/2013 of
the European Parliament and of the Council and Article 14 of Regulation (EU) No
1304/2013 of the European Parliament and of the Council on the European Social
Fund and repealing Council Regulation (EC) No 1081/2006 (OJ L 347, 20.12.2013,
pp. 470-486);
12) deduct net revenue from the budget of
eligible expenditures pursuant to Article 61 (1) of Regulation (EU) No
1303/2013 of the European Parliament and of the Council;
13) comply with the obligations and
requirements under legislation regulating the provision of state aid and de
minimis aid, where appropriate;
14) ensure the requirement of durability in
the case and within the term specified in Article 71 of Regulation (EU) No
1303/2013 of the European Parliament and of the Council;
15) repay the support to be refunded by the
deadline;
16) comply with the obligations relating to
notification pursuant to legislation issued on the basis of subsection 39 (10)
of this Act;
17) retain the supporting documents proving
the eligibility of expenditures and other evidence pursuant to subsections 35
(2) and (4) of this Act and ensure that the final recipient shall retain the
documents relating to the receiving of the support as long as required;
18) comply with other obligations under
this Act, legislation issued on the basis thereof and the contract specified in
this Act.
(1) A partner is required to comply with the
obligations of the beneficiary specified in clauses 24 4), 7), 10), 11), 13),
14) and 16)-18) and § 26 of this Act.
(2) A partner that is not a contracting authority for
the purposes of the Public Procurement Act is required to comply with the
Public Procurement Act if the beneficiary is a contracting authority for the
purposes of the Public Procurement Act, except in the case the partner has been
selected and the cost of the activities carried out by the partner has been
generated as a result of the public procurement carried out by the beneficiary.
§ 26. Obligations
relating to procurement
(1) A beneficiary is required to comply with the
Public Procurement Act if it is a contracting authority for the purposes of the
Public Procurement Act.
(2) A beneficiary that is a contracting authority for
the purposes of subsection 5 (3) of the Public Procurement Act and the
estimated value without VAT of the public procurement is equal or exceeds the
public procurement threshold specified in the Public Procurement Act is
required to apply the procurement procedure provided for in Chapter 5 of the
Public Procurement Act upon performance of public procurement in the sectors
specified in §§ 146-152 of the same Act.
[RT I, 01.07.2017, 1 - entry into force 01.09.2017]
(3) A beneficiary that is a contracting authority for
the purposes of subsection 5 (3) of the Public Procurement Act is required to
apply the procedure provided for in Chapter 3 Division 3 of the same Act upon
performance of the calls for ideas in the sectors specified in §§ 146-152 of
the Public Procurement Act if the estimated value of the call for ideas without
VAT is equal to or exceeds the public procurement threshold specified in the
Public Procurement Act.
[RT I, 01.07.2017, 1 - entry into force 01.09.2017]
(4) A beneficiary that is a contracting authority for
the purposes of subsection 10 (3) of the Public Procurement Act or is required
to comply with the Public Procurement Act on the basis of subsection 25 (2) of
this Act is required to transfer the organisation of public procurement to a
competence centre designated for that purpose on the basis of subsection 27 (2)
of this Act if so provided for in the legislation on the conditions for the
provision of support and the procurement contract is entered into in a sector
placed into the competence of the competence centre and the estimated value
without VAT of the procurement contract is equal to or exceeds the public
procurement threshold specified in the Public Procurement Act.
(5) If a beneficiary is required to transfer the
organisation of a public procurement to a competence centre pursuant to the legislation
on the conditions for the provision of support, it shall enter into contract
with the competence centre on the organisation of the procurement, guided by
the framework contract or agreement specified in subsection 27 (2) of this Act.
(6) A beneficiary or a partner that is not required to
comply with the Public Procurement Act and the estimated value of a service,
goods or building works is equal to or in excess of 5,000 euros without VAT is
required to comply with the principles provided for in § 3 of the Public
Procurement Act.
(1) For the purposes of this Act a competence centre
is a person or authority that organises a public procurement on behalf of a
beneficiary and a partner and ensures that the procurement contract and the
amendment thereof comply with the Public Procurement Act.
(2) The Government of the Republic may, on the
proposal of the minister responsible for the area, designate a government
authority, a state agency administered by the government authority, a
state-owned company or a state foundation to be a competence centre and
authorise the Ministry of Finance to enter into a framework contract or
agreement with the competence centre.
(3) The framework contract and agreement specified in
subsection (2) of this section shall provide for, inter alia, the obligations,
rights and bases for the calculation of remuneration for the performance of
functions and the liability of the competence centre.
§ 28. Submission and
verification of application for payment
(1) The support shall be paid out on the basis of the
application for payment submitted by the beneficiary either before the
certification of the eligibility of the expenditures (hereinafter advance
payment) or after the certification of the expenditures.
(2) The support shall be paid out after verification
of the compliance with the conditions and obligations being the basis for the
payment, taking account of the decisions on financial correction specified in
subsections 45 (1) and (4) of this Act.
(3) If a beneficiary orders social and specialised
services for the purposes of subsection 126 (1) of the Public Procurement Act
or organises public procurement with the estimated value falling under the
procurement threshold, the compliance of the public procurement with the
principles specified in § 3 of the Public Procurement Act and the provisions of
the Public Procurement Act applied to that public procurement shall be verified
only if the estimated value of the public procurement is equal to 5,000 euros
or higher.
[RT I, 01.07.2017, 1 - entry into force 01.09.2017]
§ 29. Conditions and
procedure for payment of support
(1) The support shall be paid out under the conditions
specified in Article 67 (1) and Article 68 of Regulation (EU) No 1303/2013 of
the European Parliament and of the Council and Article 14 of Regulation (EU) No
1304/2013 of the European Parliament and of the Council.
(2) The support for the financial instrument shall be
paid out pursuant to the conditions provided in the agreement or directive on
the implementation of the financial instrument.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
(3) In the case of a joint action plan the support
shall be paid out pursuant to Article 109 of Regulation (EU) No 1303/2013 of
the European Parliament and of the Council, inter alia other taking account of
the opinion of the steering committee regarding the achievement of results
planned in the joint action plan.
(4) If the provision of support concerns the provision
of state aid or de minimis aid, the advance payment may be made to the
beneficiary under the conditions specified in Article 131 (4) of Regulation
(EU) No 1303/2013 of the European Parliament and of the Council and if so
provided for in the legislation on the conditions for provision of support.
(5) If the beneficiary is not a beneficiary of state
aid or de minimis aid or a state agency, the advance payment may be made in
justified cases with the approval of the managing authority under the
conditions provided for in the regulation established on the basis of
subsection (8) of this section and if so provided in the legislation on the
conditions of the provision of support. The managing authority shall grant
approval in the course of coordination under subsection 13 (3) of this Act.
Upon failure to submit information concerning approval in the course of
coordination, the approval is deemed to have been granted.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
(6) In the cases specified in subsections (4) and (5)
of this section a beneficiary is required to provide evidence on the use of
support received for payment of eligible expenditures under the conditions and
by the time limit specified in the regulation established on the basis of
subsection (8) of this section.
(7) If the taking effect of the grant decision is
subject to occurrence or performance of the secondary conditions, the support
may be paid out after the occurrence or performance of the secondary condition.
(8) The more specific conditions and procedure for
submission of the payment application and the processing thereof and for the
payment of support shall be established by a regulation of the Government of
the Republic.
§ 30. Suspension of
processing of application for payment and scope of payment
(1) The 2nd level intermediate body may suspend
partially or fully the processing of the payment application or the report on
the use of advance payment or suspend the processing of further payment
applications if:
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
1) there is a deficiency in the application
for payment or the report on the use of advance payment;
2) the obligation relating to the use of
support is not complied with;
3) the eligibility of the expenditure of the
pending payment application or any earlier payment application of the same
project is not unambiguously clear;
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
4) there is a reasonable doubt, based on the
circumstances which have become evident, that the beneficiary is not capable of
the implementation of the project by the due term or achievement of the planned
result;
5) it is possible to offset the amount of
the support applied for by the application for payment pursuant to subsection 48
(3) of this Act with the support not payable on the basis of subsections (5)
and (6) of this section or with the support to be refunded specified in the
draft decision of financial correction.
(2) If it appears upon the verification of the
application for payment or of the report on the use of advance payment that the
beneficiary has not complied with the obligation or claim relating to the
expenditure specified in the application for payment or there is a deficiency
in the application for payment which is possible to eliminate within the term
designated by the 2nd level intermediate body, the 2nd level intermediate body
may assign a new term for the compliance with the obligation and claim and for
the elimination of the deficiency. If the deficiency is eliminated or the
obligation or claim is complied with within the term set, it is deemed that the
application for payment or the report on the use of advance payment is
submitted without deficiencies and the obligation or claim is complied with.
(3) The amount of support applied for with the
application for payment shall be reduced by the amount of support specified in
the decision on financial correction.
(4) The managing authority may verify the eligibility
of expenditures, including data, documents and other evidence being the basis
for considering the expenditure eligible. The managing authority may require
the 2nd level intermediate body to suspend partially or wholly the processing
of the application for payment or the report on the use of advance payment in
the following cases:
1) in the cases specified in subsection (1)
of this section;
2) the certification authority does not
agree, on the basis of point (c) of Article 126 of Regulation (EU) No 1303/2013
of the European Parliament and of the Council, to include the expenditure
considered eligible by the 2nd level intermediate body in the application for
payment to be submitted to the European Commission, specified in point (a) of
the same Article, or in the annual report, specified in point (b) of the same
Article;
3) the European Commission suspends payments
to Estonia.
(5) The managing authority shall prohibit the payment
of support by the 2nd level intermediate body or considering eligible the
expenditure, specified in the report on the use of advance payment if the
expenditure is ineligible.
(6) The managing authority may prohibit payment of
support or approval of the report on the use of advance payment in the
following cases:
1) a beneficiary or partner does not comply
with their obligations;
2) a beneficiary is not capable of the
implementation of the project;
3) the performance of functions of the
managing authority, 1st level intermediate body or 2nd level intermediate body
is suspended or terminated;
4) as a result of the audit or verification
of the managing authority, 1st level intermediate body or 2nd level
intermediate body it appears that their work procedures are not in compliance
with the requirements or they fail to comply with their functions as required;
5) in the case specified in clause (4) 2) of
this section;
6) the European Commission refuses to make
payments to Estonia .
(7) If the managing authority prohibits payment of
support or approval of the report on the use of advance payment on the basis of
subsections (5) and (6) of this section, the 2nd level intermediate body shall
make a decision on financial correction.
Division 8Monitoring and appraisal of operational
programme
§ 31. Monitoring of
implementation of operational programme
(1) The managing authority shall perform the functions
relating to the monitoring of implementation of the operational programme
specified in points (a) and (b) of Article 125(2) of Regulation (EU) No
1303/2013 of the European Parliament and of the Council. The managing authority
may, on its own initiative and on the basis of the observations of the European
Commission pursuant to Article 50 (7) of the specified Regulation, give
recommendations to the 1st level intermediate body and 2nd level intermediate
body for more efficient implementation of the operational programme and monitor
the application of the recommendations for implementation of the operational
programme.
(2) The managing authority shall draw up a report on
the operational programme (hereinafter monitoring report) in cooperation with
the 1st level intermediate bodies for the purposes of Articles 46 and 50 of
Regulation (EU) No 1303/2013 of the European Parliament and of the Council and
the final report of the operational programme for the purposes of Article 141
(1) of the same Regulation and shall submit them to the monitoring committee of
the operational programme, the Government of the Republic and the European
Committee.
(3) The 1st level intermediate bodies, 2nd level
intermediate bodies and bodies implementing the financial instrument shall
provide, at the request of the managing authority, the managing authority with
the data necessary for drawing up the monitoring report, preparing other
reviews on the implementation of the operational programme and the monitoring
of the implementation of the recommendations.
§ 32. Monitoring
committee of operational programme
(1) The head of the managing authority shall
establish, by a directive, the monitoring committee of the operational
programme specified in Article 47 of Regulation (EU) No 1303/2013 of the
European Parliament and of the Council, appointing the representative of the
managing authority as the chairman thereof. The managing authority shall ensure
the administration of the monitoring committee, including preparation of
materials and record-keeping of the meetings of the committee.
(2) The monitoring committee of the operational
programme shall perform the functions specified in Article 47 (2) and Articles
49 and 110 of Regulation (EU) No 1303/2013 of the European Parliament and of
the Council.
(1) According to the proposal of the monitoring
committee of the operational programme the head of the managing authority or
the 1st level intermediate body shall establish a thematic committee for more
effective management of the sector, including a measure or an activity under
the measure falling under one or more priority axes.
(2) The members of the thematic committee include
representatives of the managing authority, the 1st level intermediate body and
partner organisations of the sector.
(3) The head of the managing authority or the 1st
level intermediate body shall establish the work procedure of the thematic
committee and ensure the administration of the committee, including preparation
of materials and record-keeping of the meetings of the committee.
(4) The thematic committee shall perform the following
functions:
1) give opinions of the amendments of the
partnership agreement and operational programme;
2) monitor the achievement of the results of
the measure;
3) give recommendations for more efficient
implementation of the measure and monitor taking account thereof;
4) provide an opinion with regard to the
objective of the provision of support, the applicants for support and target
groups of final recipients, activities supported and the project selection
criteria and methods specified in the conditions for the provision of support;
5) in the case of the financial instruments
implementing agreement provide an opinion with regard to the circumstances
specified in point (1) (a) and (c) of Annex IV to Regulation (EU) No 1303/2013
of the European Parliament and of the Council and, in the case of the directive
on the implementation of the financial instrument with regard to the
circumstances specified in point (2) (a) of the same Annex, taking account of
the results of ex ante assessment under Article 37 (2) of the same regulation;
6) make proposals for the intention to
evaluate within the framework of the sector thereof, specified in 34 (3) of
this Act;
7) perform other functions specified in the
work procedure.
(1) The managing authority shall organise or carry out
evaluations covering an operational programme specified in Article 56 (3) of
Regulation (EU) No 1303/2013 of the European Parliament and of the Council,
prepare a report summarizing the findings of evaluations specified in Article
114 (2) of the same regulation and submit it to the European Commission.
(2) The 1st level intermediate body shall organise or,
where necessary, carry out evaluations of the activity under the measure in
their area of responsibility, taking account of the recommendations of the
monitoring committee of the operational programme and the proposals pursuant to
clause 33 (4) 6) of this Act. The 1st level intermediate body shall submit the
data about the conclusions and recommendations of the evaluation and
implementation thereof to the sectoral committee and the managing authority.
(3) The managing authority shall draw up, in
cooperation with the 1st level intermediate bodies, an evaluation plan
specified in Article 56 (1) of Regulation (EU) No 1303/2013 of the European
Parliament and of the Council for evaluations specified in subsections (1) and
(2) of this section and shall submit it to the monitoring committee of the
operational programme for approval.
(4) The managing authority shall submit to the
monitoring committee of the operational programme the data about the
conclusions of evaluation, recommendations and the implementation thereof.
(5) In the course of the ex post evaluation specified
in Article 57 of Regulation (EU) No 1303/2013 of the European Parliament and of
the Council the 1st level intermediate body and 2nd level intermediate body are
required to, where necessary, submit data to the managing authority for
forwarding to the European Commission.
Division 9Retention of documents, processing of data
and register of structural support
(1) The organisers of the implementation of the
operational programme and the auditor shall retain the data, created documents
and other evidence received in the course of the performance of their functions
pursuant to Article 140 of Regulation (EU) No 1303/2013 of the European
Parliament and of the Council.
(2) Documents proving the eligibility of expenditures
and other evidence shall be retained according to Article 140 (1) of Regulation
(EU) No 1303/2013 of the European Parliament and of the Council for four years,
starting from 31 December of the year when, as of 30 June, the support was paid
out on the basis of all the expenditures deemed to be eligible in the project,
unless a longer term is provided for in other legislation.
(3) The 2nd level intermediate body shall notify the
beneficiary of the commencement and expiry of the term for retention of
documents and other evidence pursuant to subsection (2) of this section.
(4) The term for retention of documents and other
evidence arising from subsection (1) of this section shall interrupt in the
case specified in Article 140 (1) of Regulation (EU) No 1303/2013 of the
European Parliament and of the Council.
(5) A beneficiary may transfer the documents and other
evidence proving eligibility of expenditure to the 2nd level intermediate body
for retention if so provided for in the legislation on the conditions for the
provision of support.
§ 36. Processing of data
relating to provision of support
(1) The organisers of the implementation of the
operational programme and the auditor may process and exchange data and documents
concerning applicants and beneficiaries and other information and documents
received in the course of proceedings for the performance of functions
specified in this Act and the legislation established on the basis thereof.
(2) The organisers of the implementation of the
operational programme and the officials, employees and persons involved in the
performance of functions of the auditing authority shall not, during their
service or employment relationship or following thereof, disclose state and business
secrets, classified foreign information, data relating to the family and
private life of other people, which has become known to them due to the
performance of their functions, and other information designated for internal
use.
§ 37. Register of structural
support
(1) The register of structural support (hereinafter
register) is a database established in accordance with the Public Information
Act. The register is used for the performance of functions specified in points
(d) and (e) of Article 125 (2) of Regulation (EU) No 1303/2013 of the European
Parliament and of the Council and for making statistical reviews.
(2) Data and documents related to the application for
the provision of support and the use thereof shall be submitted via the
register if so provided for in the legislation on the conditions for the
provision of support.
(3) The organisers of the implementation of the
operational programme and the auditor shall enter the data and documents
created or received upon the performance of functions into the register, except
in the case specified in subsection (2) of this section.
(4) The statutes and procedure for use of the register
shall be established by a regulation of the Government of the Republic.
(5) The data entered into the register about the
provision and use of support shall have legal significance.
Division 10Communication strategy and access to data
related to application for support and provision thereof
(1) The managing authority shall draw up the communication
strategy of the operational programme pursuant to Article 116 of Regulation
(EU) No 1303/2013 of the European Parliament and of the Council.
(2) The managing authority, 1st level intermediate
body and 2nd level intermediate body shall perform the functions relating to
the communication specified in points (c) and (d) of Article 115 (1) of
Regulation (EU) No 1303/2013 of the European Parliament and of the Council
pursuant to the communication strategy specified in subsection (1) of this
section.
(3) The head of the managing authority shall appoint
the implementer of the communication functions specified in Article 117 (3) of
Regulation (EU) No 1303/2013 of the European Parliament and of the Council and
notify the European Commission of the person appointed.
§ 39. Public disclosure
of data relating to application for and provision of support
(1) Before the entry into force of the grant decision
or the decision to refuse to satisfy the application or approval of the
investment plan the managing authority, 1st level intermediate body and 2nd
level intermediate body may publish only statistical reviews of the applicants
and applications unless otherwise arising from this section.
(2) By way of derogation from subsection (1) of this
section the managing authority, 1st level intermediate body and 2nd level
intermediate body may publicize, except where the data are classified as
restricted information on the basis of another act, the following data:
1) data relating to the application of the
holder of information specified in § 5 of the Public Information Act;
2) data relating to an application of a
research and development institution in the procedure provided for in the
legislation on the conditions for the provision of support and to the persons
specified therein if support is applied for research and development
activities, except for the data of the business plan of the project and
technological solutions and other data, which is deemed to be business secret
pursuant to subsection 63 (1) of the Competition Act and clause 35 (1) 17) of
the Public Information Act;
3) for the purposes of Article 100 of
Regulation (EU) No 1303/2013 of the European Parliament and of the Council the
name of the major project, applicant thereof and the amount of the support
applied for before approval by the European Commission.
(3) The managing authority shall publicize the data
specified in point (1) of Annex XII to Regulation (EU) No 1303/2013 of the
European Parliament and of the Council after the entry into force of the grant
decision or the directive on the conditions for the provision of support or the
approval of the joint action plan by the European Commission.
(4) The data that need not be disclosed on the basis
of subsection (3) of this section shall be published in the procedure provided
for in the Public Information Act, taking account of the specifications
provided for in this Act.
(5) The data concerning the application which was not
satisfied, except for the data relating to the application of the holder of
information specified in subsections 5 (1) and (2) of the Public Information
Act, and statistical data shall not be publicized until 31 December 2028.
(6) The name of the person involved in the appraisal
and the appraisal given to a project may be made public in a manner which
ensures that the name and the appraisal cannot be associated with each other.
(7) The documents on the preparation of audit and
verification shall not be disclosed before the carrying out thereof.
(8) The managing authority shall disclose on its web
page the beneficiary of the support specified in the financial correction
decision made on the basis of clauses 45 (1) 1)-6) of this Act, a short
description of the circumstances being the basis for the decision, the amount
of the reduced or cancelled support and the name of the authority that has made
the decision.
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(9) An applicant and a beneficiary shall have the
right to examine the data included in the document prepared with regard to them
or the data integrally relating thereto on another data carrier.
(10) The Government of the Republic shall establish by
a regulation the requirements and procedure for the public disclosure of the
provision of support pursuant to Annex XII to Regulation (EU) No 1303/2013 of
the European Parliament and of the Council, including the marking of the
objects financed from the support and making the reference to the participation
of the European Union.
Division 11Verification of project and performance of
functions of 1st level intermediate body and 2nd level intermediate body
§ 40. Contents of
verification
(1) Upon verification of the eligibility of
expenditures the compliance of expenditures with the conditions for eligibility
is assessed, including the compliance with the requirements specified in the
legislation on the conditions for the provision of support, the financial
instruments implementing agreement, the grant decision and the joint action
plan, and the compliance with the obligation and requirements relating to the
provision of support and the use thereof, specified in the national or European
Union legislation.
(2) Upon verification of the performance of functions
of the 1st level intermediate body and 2nd level intermediate body the compliance
with the function or requirement relating to the provision and use of support,
arising from the national or European Union legislation, shall be assessed.
(1) A managing authority and certification authority
shall verify the circumstances specified in § 40 of this Act on the spot at the
1st level intermediate body and 2nd level intermediate body, and where
necessary, at the location of the beneficiary. The managing authority and
certification authority may involve the 1st level intermediate body in the
verification of the 2nd level intermediate body.
(2) The 2nd level intermediate body shall verify the
circumstances specified in subsection 40 (1) of this Act at the location of the
beneficiary, except in the case specified in subsection 6 (3) of this Act.
(3) The verification is carried out by an official or
employee authorised therefor (hereinafter verifier).
(4) In the case of the verification, specified in
subsection 40 (1) of this Act, a verifier is required to submit a document
certifying the authorisation at the request of those subject to verification.
(1) In order to verify the circumstances specified in
§ 40 of this Act the verifier shall have the right:
1) to get access to data relating to
performance of functions and obligations and data relating to the provision and
use of support, management decisions, accounting and assets, including the data
relating to obtaining and payment of money, regardless of the data carrier.
2) to receive copies, transcripts and
extracts of the documents or other evidence, including extracts from the
accounting programme and bank account;
3) to receive data and documents from the
final recipient or person related to the project in the case the documents or
other evidence are not available at the location of the person to be verified
or there is a doubt that the submitted data is not in compliance with the
reality;
4) to request oral and written explanations
from the representative of the person to be verified.
(2) Upon verification of the project the verifier
shall have, in addition to the rights specified in subsection (1) of this
section, the right:
1) for the stay in the premises and
territory relating to the project available for use by the beneficiary and the
partner and at the location of the final recipient or a person related to the
project if the documents or other evidence are not available at the location of
those to be verified or there is a doubt that the data submitted for
verification are not in compliance with the reality, including, examine the
object created by means of the support, make inventories of the goods,
materials and other property and take photos or record in any other manner the
territory observed, buildings and objects;
2) verify the compliance with the
requirements relating to the provision of support to the final recipient;
3) issue a precept in the case of
noncompliance with the obligation or requirement or the compliance with
deficiencies and appoint a new term for the compliance with them or impose
additional activities;
4) upon failure to comply with the precept
apply a coercive measure in the procedure provided for in the Substitutive
Enforcement and Penalty Payment Act and at the rate provided for in § 44 of
this Act.
(3) Upon verification of the 1st level intermediate
body and 2nd level intermediate body the managing authority shall have the
right, in addition to the provisions specified in subsection (1) and clause (2)
1) of this section, to give recommendations for the compliance with the
function or requirement or impose follow-up activities, where necessary,
providing the term for the compliance.
§ 43. On-the-spot
verification
(1) Those being verified shall be notified of the
on-the-spot verification in advance, except in the case the advance
notification is incompatible with the objective of the control.
(2) The conduct of the on-the-spot verification shall
be recorded and if the deficiencies occur, they shall be described in the
record. The verifier may set the term in the record for the elimination of the
deficiencies.
(3) An expert may be involved in the verification.
Upon failure to comply with the obligation a
penalty payment of up to 2,000 euros may be imposed for a single case. To
enforce one and the same obligation the penalty payment of up to 6,400 euros
may be imposed.
Division 12Financial correction
§ 45. Bases of financial
correction
(1) The decision on a financial correction to reduce
or cancel support shall be made on the basis of and in accordance with Article
143 of Regulation (EU) No 1303/2013 of the European Parliament and of the
Council in the following cases:
1) the cost is ineligible, including, where
a circumstance being the basis for suspension of the processing of the
application for support specified in clauses 30 (1) 1) 2) and 4) of this Act
has not become clear or eliminated, or the obligation performed within the
term;
2) support has been paid for reimbursement
of ineligible cost;
3) the beneficiary has failed to comply,
partially or wholly, with the obligation or requirement and this has had an
impact on the eligibility of the cost;
4) liquidation procedures have been
initiated with regard to the beneficiary and the obligation specified in clause
24 1) or 14) has not been complied with within the prescribed term;
5) the administrator or court has submitted
data pursuant to subsection 28 (1) of the Bankruptcy Act to the prosecutor or
police for making a decision to start criminal procedure and the obligation
specified in clause 24 1) or 14) of this Act is not complied with within the
prescribed term;
6) the beneficiary has been punished on the
basis of § 260ˡC0#3F#C13F#C13F of the Penal Code;
7) the beneficiary earns net revenue which
is subject to deduction from the eligible costs for the purposes of Article 61
and Article 65 (8) of Regulation (EU) No 1303/2013 of the European Parliament
and of the Council.
(2) In the case specified in clause (1) 6) of this
section the support which has been assigned within 12 months before illegal
employment has been detected or which is planned to be paid in the course of
five years as of the detection of illegal employment shall be cancelled.
(3) The decision on financial correction shall not be
made:
1) if it is possible to eliminate the
deficiency or comply with the obligation or requirement by complying with the
precept;
2) if the beneficiary has detected that
ineligible costs have been reimbursed and notified the 2nd level intermediate
body thereof in writing or through the register at the first opportunity and
has returned the support with the approval of the 2nd level intermediate body
within ten working days as of the receipt of the approval of the 2nd level
intermediate body, forwarded in writing or through the register;
3) in the cases specified in Article 71 (3)
and (4) of Regulation (EU) No 1303/2013 of the European Parliament and of the
Council.
(4) If the circumstance being the basis for the
financial correction decision has been detected by a managing authority in the
course of the verification provided for in subsection 6 (3) of this Act, the
financial correction decision shall be made by the managing authority. The
managing authority shall submit the decision to the 1st level intermediate body
and 2nd level intermediate body for information.
(5) The financial correction decision may be made
within one year as of the termination of the performance of the last obligation
of the beneficiary unless otherwise provided for by the legislation regulating
the provision of state aid. Upon violation of the obligation arising from
Article 71 (2) of Regulation (EU) No 1303/2013 of the European Parliament and
of the Council the financial correction may be made within ten years as of the
final payment to the beneficiary.
(6) If a circumstance specified in clause (1) 5) of
this section becomes evident, the financial correction decision shall be made
with the secondary condition according to which the financial correction
decision shall enter into force upon the entry into force of the judgment of
conviction.
§ 46. Extent of
financial correction
(1) If, upon the making of the financial correction
decision, it is impossible to establish the amount of the financial impact due
to the nature of a failure to comply with the obligation or requirement but
there is a reasoned doubt that the failure to comply with the obligation or
requirement has brought about the financial impact, the support shall be
reduced to the extent provided for in the legislation established on the basis
of subsection (2) of this section.
(2) The Government of the Republic shall establish by
a regulation the extent of the financial correction in percentages.
(3) Upon making the financial correction decision the
support and self-financing shall be reduced correspondingly in accordance with
the percentage valid during the making of the decision in the grant decision,
the directive on the conditions for the provision of support, in the directive
on the implementation of the financial instrument or the financial instruments
implementing agreement. If the support has been paid out to cover the costs
forming a basis for the reduction, the amount of the support subject to return
and the amount of self-financing shall be set out in the decision.
§ 47. Formalisation of
financial correction decision
(1) The Government of the Republic shall establish by
a regulation the requirements for the formalisation of the financial correction
decision.
(2) If the financial correction decision has been made
by the managing authority or the 2nd level intermediate body, the 1st level
intermediate body shall reduce the budget of eligible costs approved by the
directive on the conditions for the provision of support, the directive on the
implementation of financial instrument or the financial instruments
implementing agreement pursuant to the financial correction decision.
(3) If the financial correction decision cancels the
whole support specified in the grant decision, the grant decision shall be
revoked. The decision sets out the amount of support to be refunded.
§ 48. Repayment of
support and interest
(1) A beneficiary is required to repay the support to
be refunded specified in the financial correction decision within 60 calendar
days as of the date of entry into force of the decision.
(2) In the case of the unlawful state aid the support
shall be recovered together with the interest as of the payment of the support
pursuant to Article 9 of Commission Regulation (EC) No 794/2004 implementing
Council Regulation (EC) No 659/1999 laying down detailed rules for the
application of Article 93 of the EC Treaty (OJ L 140, 30.04.2004, pp.1-134;
special issue in Estonian: Chapter 8, Volume 4, pp.3-136), the interest rate
announced to the member states on the basis of Article 10 of the same
regulation and the method of application of interest specified in Article 11.
(3) The support to be refunded may be set off with the
support payable within the framework of the same project.
(4) The repayment of the support to be refunded may be
postponed on the basis of the reasoned application of the beneficiary if the
one-time payment shall put the beneficiary to substantial payment difficulties.
Upon postponement interest is applied, except in the cases specified in
subsection 49 (2) of this Act, as from the day following the time limit
specified in subsection (1) of this section. The interest rate on the remainder
of the amount of support to be refunded shall be six months Euribor interest
rate plus an annual rate of three per cent. The six months Euribor shall be
taken as of the banking day preceding the making of the decision on
postponement. The basis for interest calculation shall be a period of 360 days.
(5) Repayment of the unlawful state aid shall be
guided by this section unless otherwise provided for in the EU law.
(6) If a beneficiary fails to repay the support
pursuant to the schedule for postponement, the decision on postponement may be
revoked. In the case of the revocation of the decision on postponement, the
beneficiary is required to repay the support within 30 days as of the entry
into force of the decision on revocation of the decision on postponement. The
beneficiary is required to pay interest specified in subsection (4) of this
section as of the entering into force of the decision on postponement of
support until the repayment of support, but for no longer than the due term of
repayment specified in this subsection.
(7) The Government of the Republic shall establish by
a regulation the conditions and procedure for the postponement of the repayment
of support.
(8) The financial correction decision on the support
to be refunded is an enforcement document for the purposes of clause 2 (1) 21)
of the Code of Enforcement Procedure. If the support to be refunded is not
repaid within the term and it is impossible to apply the provisions of
subsection (3) of this section, the authority that has made the financial
correction decision shall place the decision for compulsory execution pursuant
to the procedure provided in the Code of Enforcement Procedure.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
(1) If the support is not repaid by the due term for
repayment of support, the beneficiary shall pay a fine for delay in the amount
of 0.1 per cent for each calendar day by which repayment of support is delayed.
(2) The state authority, 2nd level intermediate body
and a person specified in clause 16 (1) 1) of this Act is not required to pay a
fine for delay, except where the European Commission demands payment of the
fine for delay from the state. In such case the state claims a fine for delay
to the extent of the amount of fine paid by the state to the European
Commission.
(3) The payment of the support to be refunded shall be
considered to have been made in the following order: the fine for delay shall
be the first, then the interest and the last shall be the recoverable support.
§ 50. Notification of
failure to comply with obligation or claim
(1) The 2nd level intermediate body shall notify the
managing authority within ten working days of the following circumstances which
have become evident:
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
1) there is a basis for making a financial
correction decision specified in clauses 45 (1) 1)-6) of this Act;
2) an investigating body or the Prosecutor’s
Office has initiated criminal proceedings for the purposes of Article 1 of the
Convention for the Protection of the financial interests of the European
Communities due to the suspicion of criminal offence related to fraudulant
conduct or fraud;
3) information specified in clauses 1) and
2) of this section is being supplemented or amended.
(2) The managing authority shall notify the European
Anti-Fraud Office of the circumstances specified in subsection (1) of this
section pursuant to Regulation (EC) No 1073/1999 of the European Parliament and
of the Council concerning investigations conducted by the European Anti-Fraud
Office (OLAF) (OJ L 136, 31.05.1999, pp. 1-7, special edition in Estonian:
Chapter 1, Volume 3, pp.91-97) and other legislation of the European Union.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
Division 13Challenge proceedings
(1) A challenge proceeding is required to be completed
before filing an action with the administrative court upon challenging a
decision or act of the managing authority, 1st level intermediate body or 2nd
level intermediate body.
(2) If the challenge is filed against a decision or
act of the managing authority, the challenge shall be adjudicated by the
Ministry of Finance. If the challenge is filed against a decision or act of the
1st level intermediate body, the challenge shall be adjudicated by the 1st
level intermediate body. If the challenge is filed against a decision or act of
the 2nd level intermediate body, the challenge shall be adjudicated by the 1st
level intermediate body, except where the 1st level intermediate body has
imposed the adjudication of the challenge on the 2nd level intermediate body in
the legislation on the conditions for the provision of support. If the
challenge against a decision or act of the 2nd level intermediate body is
adjudicated by the 1st level intermediate body, the challenge shall be filed
with the 1st level intermediate body through the 2nd level intermediate body.
Upon the provision of support pursuant to Article 7 (4) and (5) of Regulation
(EU) No 1301/2013 of the European Parliament and of the Council the challenge
shall be adjudicated by the 1st level intermediate body. The 2nd level intermediate
body may be the adjudicator of the challenge if it is an authority of executive
power or a state foundation for the purposes of clause 3 (8) of the State
Assets Act.
(3) A challenge shall be adjudicated within 30
calendar days as of the filing of the challenge with the authority adjudicating
the challenge specified in subsection (2) of this section. The term for
adjudicating the challenge may be extended pursuant to subsection 84 (2) of the
Administrative Procedure Act.
Chapter 4IMPLEMENTATION OF ETC PROGRAMME
§ 52. Drawing up and
approval of programme and allocation of financial resources
(1) The Ministry of finance shall represent
[RT I, 30.06.2015, 4 – entry into force 01.09.2015]
(2) The Government of the Republic shall approve the
data specified in Article 8 (9) of Regulation (EU) No 1299/2013 of the European
Parliament and of the Council on the proposal of the minister responsible for
the area.
(3) If, pursuant to the ETC programme, the managing
authority is located in
[RT I, 30.06.2015, 4 – entry into force 01.09.2015]
(4) The allocation of resources pursuant to Article 4
(3) and (4) and Article (5) of Regulation (EU) No 1299/2013 of the European
Parliament and of the Council between components specified in points (a) and
(b) of Article 4 (1) shall be decided by the minister responsible for the area,
who shall submit the information to the European Commission to this effect.
(5) Allocation of support specified in Article 4 (8)
of Regulation (EU) No 1299/2013 of the European Parliament and of the Council
to the cross-border cooperation programmes specified in point (a) of subsection
(1) of the same Article shall be decided by the minister responsible for the
area.
§ 53. Compliance with
functions of managing authority, certification authority, secretariat, auditing
authority and member state
(1) The Ministry of the Interior shall perform the
functions of a managing authority, certification authority and auditing
authority for the purposes of Article 21 (1) of Regulation (EU) No 1299/2013 of
the European Parliament and of the Council, which is provided for in the same
regulation, this Act and the legislation issued on the basis thereof, and the
functions of a member state related to the implementation of the ETC programme,
which is provided for in the specified regulation and Regulation (EU) No
1303/2013 of the European Parliament and of the Council.
[RT I, 30.06.2015, 4 – entry into force 01.09.2015]
(2) The managing authority may start to perform the
functions of the managing authority and certification authority provided for in
Articles 23 and 24 of Regulation (EU) No 1299/2013 of the European Parliament
and of the Council if the auditing authority has qualified their work
procedures as being in compliance with the requirements provided for in Article
124 of Regulation (EU) No 1303/2013 of the European Parliament and of the
Council.
(3) The minister responsible for the area shall
appoint a person or agency responsible for the performance of the functions of
a joint secretariat (hereinafter secretariat) specified in Article 23 (2) of
Regulation (EU) No 1299/2013 of the European Parliament and of the Council,
which may be a state authority or a state agency governed by the state
authority, or authorise a legal person governed by private law to perform the
functions.
(31) If the states participating in the programme have
agreed that the managing authority shall establish an information or contact
point, the managing authority may enter into the service contract for
establishment of the information or contact point and assignment of its rights
and obligations.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
(4) Subsections (1)- (31) of this section shall be
applied if, pursuant to the ETC programme, Estonia performs the functions of a
managing authority, certification authority, secretariat or auditing authority
specified in Regulation (EU) No 1303/2013 of the European Parliament and of the
Council and Regulation (EU) No 1299/2013 of the European Parliament and of the
Council.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
(5) The minister responsible for the area may impose
the function of a verifier specified in Article 23 (4) of Regulation (EU) No
1299/2013 of the European Parliament and of the Council on a state authority or
a state agency in the area of government of the state authority or authorise a
legal person governed by private law to perform the function.
(6) If the function specified in subsection (3) or (5)
of this section is imposed on a legal person governed by private law, the
minister responsible for the area shall enter into an administrative contract
for the performance of the function.
(61) If another authority or other legal person starts
to perform partially or fully the functions of a managing authority,
certification authority, joint secretariat, auditing authority or verifier
assigned to a legal person governed by private law, subsection 112 (1) of the
Employment Contracts Act shall be applied upon the transfer of the employment
contracts of employees related to the performance of such functions to another
authority or other legal person.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
(7) The monitoring committee specified in Article 47
of Regulation (EU) No 1303/2013 of the European Parliament and the steering committee
of the joint action plan specified in Article 108 and the Estonian members of
the steering committee specified in Article 12 (1) of Regulation (EU) No
1299/2013 of the European Parliament and of the Council shall be appointed by
the minister responsible for the area.
(8) The Estonian members of the auditing group,
specified in Article 25 (2) of Regulation (EU) No 1299/2013 of the European
Parliament and of the Council shall be appointed by the minister responsible
for the area.
(9) The performance of the functions of a managing
authority, certification authority, auditing authority, secretariat and a
verifier shall terminate with the termination of the obligations arising from
Regulation (EU) No 1303/2013 or (EU) No 1299/2013 of the European Parliament
and of the Council or other legislation.
§ 54. Eligibility of
costs, verification thereof and conduct of financial correction
(1) The minister responsible for the area shall
establish by a regulation the conditions and procedure for determination of the
eligibility of costs for the purposes of Article 18 (3) of Regulation (EU) No
1299/2013 of the European Parliament and of the Council, taking account of the
provisions of the ETC programme, the decision of the monitoring committee of
the ETC programme based on Article 18 (2) of the specified Regulation,
Regulations (EU) No 1299/2013 and No 1303/2013 of the European Parliament and
of the Council and other legislation.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
(11) The minister responsible for the area shall
establish the conditions and procedure specified in subsection (1) of this
section if the monitoring committee of the ETC programme or the managing
authority do not establish the conditions and procedure for determination of
the eligibility of costs for the purposes of Article 18 (3) of Regulation (EU)
No 1299/2013 of the European Parliament and of the Council.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
(2) Upon verification of the eligibility of the costs
an assessment shall be carried out of the connectedness of the costs with the
activities supported, of the eligibility of the volume and type of costs and of
the performance of obligations and requirements, taking account of the
provisions of subsection 28 (2) of this Act, on the basis of the conditions
specified in the legislation specified in subsection (1) of this section and in
the decision of the monitoring committee and in the contract on the provision
of support entered into with the beneficiary (hereinafter contract for support).
(3) The eligibility of the costs of the performers of
the functions specified in § 53 of this Act to be reimbursed from the technical
assistance specified in Article 17 of Regulation (EU) No 1299/2013 of the
European Parliament and of the Council shall be verified pursuant to the
legislation specified in subsection (1) of this section and the decision of the
monitoring committee of the ETC programme.
(4) [Repealed - RT I, 06.07.2018, 2 - entry into force
16.07.2018]
(5) Subsections 41 (3) and (4) and 42 (1) and clauses
(2) 1)-3) of this Act shall be applied to verification.
(6) The making of the financial correction decision
shall be based on the procedure for making a financial correction decision
established in the ETC programme or in the procedure for making a financial
correction decision, established on the basis of subsection (7) of this
section, while pursuant to the ETC programme the making of the financial
correction decision is based on the procedure established nationally in the
states participating in the programme.
(7) If the procedure for financial correction
established nationally in the states participating in the programme shall be
taken as a basis for making the financial correction decision pursuant to the
ETC programme, the bases, conditions and procedure for the making of the
financial correction decision shall be established by a regulation of the
minister responsible for the area.
§ 541. Financial
correction decision
(1) If the managing authority is located in
(2) The financial correction decision shall set out
the following:
1) the name of the decision maker;
2) the name of the beneficiary;
3) the name and number of the project;
4) the factual circumstances and legal
basis of financial correction and the considerations on which the financial
correction decision was based;
5) the reduced or cancelled amount,
including the amounts of support and self-financing separately;
6) the amount of support to be refunded if
the support is subject refunding and the term for repayment;
7) the number of the bank account where
the support to be refunded shall be transferred, the reference number of the
income account for the refund of the authority and the name of the beneficiary,
except when in the financial correction decision the amount to be refunded is
set off with the amount of support payable;
8) the reference to the basis for
obligation to pay interest on account of late payment if the beneficiary of the
support has the obligation to pay interest on account of late payment;
9) the obligation to pay interest if the
beneficiary has received state aid or if the refund of the support is postponed
and the beneficiary has the obligation to pay interest;
10) the possibility, place, term and
procedure for challenging the decision if the beneficiary has the right of
challenge or appeal;
11) other necessary information related
to reduction or cancellation and refund of support.
(3) The financial correction decision of the managing
authority located in
(4) If the beneficiary has failed to repay the support
to be refunded and it has been compensated by the state on the basis of clause
(3) of Article 27 of Regulation (EU) No 1299/2013 of the European Parliament and
of the Council, the beneficiary or partner is required to repay the amount
compensated by the state to the Ministry of Finance.
(5) The financial correction decision shall be
delivered to the beneficiary through electronic information system. If it is impossible
to deliver the financial correction decision through the electronic information
system or if the project has ended, the decision shall be delivered
electronically by email or by registered mail with the notice of delivery.
(6) If the support granted in the insubstantial amount
provided in Article 122 (2) of Regulation (EU) No 1303/2013 of the European
Parliament and of the Council is to be recovered, the managing authority may
not make the financial correction decision.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
§ 55. Application for
support, processing of application and obligations of applicant
(1) At the request of the Ministry of Finance or a
government authority of the Ministry of Finance appointed by the minister
responsible for the area minister an applicant and a partner are required to
certify that they are in compliance with the conditions provided in the ETC
programme or the decisions of the ETC monitoring committee and submit
additional data and documents for verification of the data submitted in the
application.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
(2) At the request of the Ministry of Finance or a
government authority of the Ministry of Finance appointed by the minister
responsible for the area, the ministry of the respective area and an authority
thereof and the Government Office are required to submit their opinions of the
application and of the partner if this is necessary for the processing of the
application.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
§ 56. Obligations of
beneficiary and partner of ETC programme
The beneficiary and partner are required to:
1) ensure implementation of the project
under the prescribed conditions and achievement of the planned results;
2) ensure provision of self-financing to the
prescribed extent and in the required procedure;
3) certify, at the request of the managing
authority, certification authority, secretariat, inspector or auditing
authority, the capability to implement the project-related activities not
supported;
4) ensure the existence of the persons with
necessary qualifications and legal prerequisites;
5) provide accurate and complete
information, documents and reports on the implementation of the project in such
a manner and by the term as requested;
6) prove the eligibility of the costs and
achievement of the planned results;
7) notify immediately the managing authority
or secretariat in writing or in a format enabling reproduction in writing of
the amendment of the data submitted in the application or related to the
project, particularly of the circumstances that hinder implementation of the
project, liquidation proceedings, judicial proceedings related to the project,
procurement challenges, depreciation or appreciation of the project, receipts
related to the project that are not directly connected to the covering of the
added costs, and of the transfer of assets related to the project;
8) apply for amendment of the contract for
support if the amendment is to be approved by the managing authority,
secretariat, monitoring committee or steering committee;
9) enable an auditor or supervisor to
perform their functions, including enable staying in the premises and territory
related to the project, give written and oral explanations and data about the
implementation of the project, including the using of the support, inter alia,
provide extracts from the accounting programme and bank account, and enable
them to make copies or extracts from the data and documents;
10) distinguish eligible and ineligible
costs related to the project in accounting, using separate accounts systems or
accounting codes, except in the case where the generation of the costs is not
supervised;
11) notify the managing authority or
secretariat immediately in writing of the earning of net revenue and deduct net
revenue from the budget of eligible costs pursuant to Article 61 or Article 65
(8) of Regulation (EU) No 1303/2013 of the European Parliament and of the
Council;
12) comply with the obligations and
requirements arising from the legislation regulating the provision of state aid
and de minimis aid if they are beneficiaries of the respective aid;
13) ensure that the obligation specified in
Article 71 of Regulation (EU) No 1303/2013 of the European Parliament and of
the Council, related to the duration of the activities supported, shall be
performed in the case and within the period of time specified in the article;
14) return the support recovered pursuant
to the claim based on the contract for support on the due term;
15) comply with the notification
obligations specified in Annex XII to Regulation (EU) No 1303/2013 of the
European Parliament and of the Council;
16) retain documents and other evidence
within the term specified in Article 140 of Regulation (EU) No 1303/2013 of the
European Parliament and of the Council;
17) perform other obligations arising from
the contract for support, this Chapter and other legislation.
§ 57. Obligations
related to procurement
Upon organising procurements the provisions of
§§ 26 and 27 of this Act shall be applied.
§ 58. Rights of
applicant and beneficiary
An applicant and the beneficiary shall have the
right to examine the data included in the documents prepared with regard to
them and, in the case of the violation of rights, to file a challenge pursuant
to the procedure agreed upon in the ETC programme. The submitted challenge
shall be resolved pursuant to the procedure agreed upon in the ETC programme.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
§ 59. Processing of data
related to provision of support
(1) The agencies and persons specified in subsections
53 (1), (3), (5) and (7) of this Act may process and exchange data and
documents concerning applicants and beneficiaries and other data received in
the course of proceedings in order to perform functions specified in the
legislation of the European Union and other legislation.
(2) The officials, employees and persons involved in
the performance of functions of the agencies and legal persons specified in
subsection (1) of this section are required to maintain confidentiality during
their service or employment relationship of the data that has become known to
them within the frames of the performance of their functions and thereafter,
which are not subject to disclosure on the basis of this Act or other act.
(3) The minister responsible for the area may use the
current database or establish a new database for the performance of the
functions of the managing authority specified in Article 23 of Regulation (EU)
No 1299/2013 of the European Parliament and of the Council, establishing the
statutes and procedure for use of the database by a regulation upon foundation.
§ 60. Disclosure of data
related to application for support and provision thereof
(1) Only statistical reviews may be disclosed with
regard to the applications before the entering into the contract for the
provision of support unless otherwise provided for in the ETC programme or
decisions of the monitoring committee of the ETC programme.
(2) The managing authority shall disclose the data
specified in point (1) of Annex XII to Regulation (EU) No 1303/2013 of the
European Parliament and of the Council only after the entering into the
contract for the provision of support and approval of the joint action plan by
the European Commission.
(3) If the agencies specified in subsections 53 (1)
and (3) of this Act are located in Estonia, the data not specified in
subsection (2) of this section shall be disclosed in the procedure provided for
in the Public Information Act, taking account of the specifications of this
Act.
(4) Upon the disclosure of the data of the application
that has been rejected, subsection 39 (5) of this Act shall be applied.
(5) The documents concerning preparation for the audit
and supervision shall not be disclosed pursuant to subsection 39 (7) of this
Act.
(6) Data related to financial correction shall be
disclosed pursuant to subsection 39 (8) of this Act.
§ 61. Failure to comply
with obligation or claim and notification thereof
In the case of noncompliance with the obligation
or requirement the Ministry of Finance shall be notified of the cases specified
in subsection 50 (1) of this Act as of becoming aware of them if these are
related to the beneficiary or partner registered in Estonia and the amount of
support relating to the violation exceeds 10,000 euros.
[RT I, 30.06.2015, 4 – entry into force 01.09.2015]
Chapter 5IMPLEMENTATION OF OPERATIONAL PLAN OF AID
FUND
§ 62. Specifications of
drawing up and implementation of operational plan
(1) The Ministry of Social Affairs shall draw up the
operational plan for the fund for aid in cooperation with the Ministry of
Finance.
(2) The Government of the Republic shall approve the
operational plan of the fund for aid on the proposal of the Ministry of
Finance. The Ministry of Finance shall submit the operational plan of the fund
for aid, approved by the Government of the Republic, to the European
Commission.
(3) The 1st level intermediate body of the operational
plan of the fund for aid shall carry out evaluations and investigations
specified in Regulation (EU) No 223/2014 of the European Parliament and of the
Council and submit the data concerning the results of evaluations to the
Ministry of Finance.
Chapter 6IMPLEMENTATION OF ENI PROGRAMME
[RT I, 25.11.2015, 2 - entry into force 05.12.2015]
§ 63. Drawing up,
approval and allocation of financial resources ENI programme
[RT I, 25.11.2015, 2
– entry into force 05.12.2015]
(1) The Ministry of Finance shall represent
[RT I, 30.06.2015, 4 – entry into force 01.09.2015]
(2) The Government of the Republic shall approve the
data specified in Article 10 (4) of Regulation (EU) No 232/2014 of the European
Parliament and of the Council on the proposal of the minister responsible for
the area.
(3) If the managing authority is located in
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
§ 631. Performance of
functions of managing authority, Joint Technical Secretariat, auditing
authority and national authority
(1) The Ministry of Finance shall perform the
functions of a government authority related to the implementation of the ENI
programme, which are provided in point (a) of Article 20 (6) of the Commission
Implementing Regulation (EU) No 897/2014.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
(11) The Ministry of Finance or a government authority
of the Ministry of Finance appointed by the minister responsible for the area
shall perform the functions of the managing authority, joint secretariat and
auditing authority for the purposes of Article 20 (1) and (2) and Article 27 of
the Commission Implementing Regulation (EU) No 897/2014, which are provided in
the same regulation, this Act and the legislation issued on the basis thereof.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
(2) The managing authority may start to perform the
functions of the managing authority provided for in Articles 26 of the
Commission Implementing Regulation (EU) No 897/2014 if the auditing authority
has qualified the management and control procedures of the ENI programme as
being in compliance with the requirements provided for in Article 25 (2).
(3) The minister responsible for the area may appoint
a person or authority as responsible for the performance of functions of the
Joint Technical Secretariat (hereinafter Joint Secretariat), specified in
Article 27 (1) of the Commission Implementing Regulation (EU) No 897/2014,
which may be a state authority or a state agency governed by the state
authority, or authorise a legal person governed by private law to perform the
functions.
(4) If the function specified in subsection (3) of
this section is imposed on a legal person governed by private law, the minister
responsible for the area shall enter into an administrative contract for the
performance of the function under the conditions and pursuant to the procedure
provided for in the Administrative Cooperation Act.
(41) If the states participating in the programme have
agreed that the managing authority shall establish a branch office specified in
Article 27 (3) of the Commission Implementing Regulation (EU) No 897/2014, the
managing authority may enter into a service contract for the establishment of
the branch office and for the assignment of its rights and obligations.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
(5) The minister responsible for the area may
designate a government authority or a state authority administered by the
government authority to perform the functions of a control contact point
specified in point (b) of Article 20 (6) of the Commission Implementing
Regulation (EU) No 897/2014 and a competent official specified in Article 32
(1) of the same implementing regulation.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
(6) The Estonian members of the Joint Monitoring
Committee specified in Article 21 of the Commission Implementing Regulation
(EU) No 897/2014 shall be appointed by the minister responsible for the area.
(7) The Estonian members of the auditing group,
specified in Article 28 (2) of the Commission Implementing Regulation (EU) No
897/2014 shall be appointed by the minister responsible for the area.
(8) The performance of the functions of the managing
authority, auditing authority, Joint Secretariat and the control contact point
shall terminate upon termination of the obligations arising from Regulation
(EU) No 232/2014 of the European Parliament and of the Council or the
Commission Implementing Regulation (EU) No 897/2014 or other legislation.
[RT I, 25.11.2015, 2 – entry into force 05.12.2015]
§ 632. Financial
instruments implementing agreement
The financial instruments implementing agreement
with the European Commission and the cross-border cooperation partner specified
in Article 10 (8) of Regulation (EU) No 232/2014 of the European Parliament and
of the Council and in Article 8 (1) the Commission Implementing Regulation (EU)
No 897/2014 shall be signed by the managing authority or the minister
responsible for the area.
[RT I, 25.11.2015, 2 – entry into force 05.12.2015]
§ 633. Eligibility of
costs and conduct of financial correction
(1) The minister responsible for the area shall
establish by a regulation the conditions and procedure for determination of the
eligibility of costs for the purposes of point (j) of Article 4 (5) of the
Commission Implementing Regulation (EU) No 897/2014 taking account of the
provisions of the ENI programme and the decision of the Joint Monitoring
Committee of the ENI programme.
(11) The minister responsible for the area shall
establish the terms and conditions and the procedure specified in subsection
(1) of this section if the ENI programme monitoring committee or managing
authority does not establish the terms and conditions and procedure for the
purposes of point (j) of Article 4 (5) of the Commission Implementing
Regulation (EU) No 897/2014.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
(2) The making of the financial correction decision is
based on the procedure for making a financial correction decision established
in the ENI programme or the procedure established on the basis of subsection
(3) of this section if, pursuant to the ENI programme, the decision shall be
based on the procedure established in the state participating in the ENI
programme.
[RT I, 25.11.2015, 2 – entry into force 05.12.2015]
(3) If, pursuant to the ENI programme, the decision on
financial correction shall be based on the procedure established in the state
participating in the programme, the bases, conditions and procedure for making
financial correction decision shall be established by the minister responsible
for the area.
[RT I, 25.11.2015, 2 – entry into force 05.12.2015]
(4) The financial correction decision made in the ENI
programme is an enforcement document for the purposes of clause 2 (1) 21) of
the Code of Enforcement Procedure. The provisions of subsections
541 (1)–(3), (5) and (6) of this Act shall be applied to the financial
correction decision.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
(5) If the beneficiary has failed to repay the support
to be refunded and it has been compensated for by the state on the basis of
Article 74 (4) of the Commission Implementing Regulation (EU) No 897/2014, the
beneficiary or the partner are required to repay the amount which is reimbursed
by the state to the Ministry of Finance.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
§ 634. Processing of
data relating to provision of support
(1) The authorities and persons specified in
subsections 631(1), (3), (5) and (6) of this Act may process and exchange data
and documents concerning applicants and beneficiaries of support and other
information received in the course of proceedings for the performance of
functions specified in the ENI programme, the legislation of the European Union
and other legislation.
(2) The officials, employees and persons involved in
the performance of functions of the authorities/agencies and legal persons
specified in subsection (1) of this section are required to maintain
confidentiality during their service or employment relationship and thereafter
of the data that has become known to them within the frames of the performance
of their functions, which are not subject to disclosure on the basis of this
Act or other act.
(3) The minister responsible for the field shall
establish a database for the performance of the functions of the managing
authority specified in Article 26 (2) of the Commission Implementing Regulation
(EU) No 897/2014, establishing the statutes and procedure for use of the
database by a regulation upon foundation thereof.
[RT I, 25.11.2015, 2 –entry into force 05.12.2015]
§ 635. Obligations
related to proceeding of application
(1) At the request of the Ministry of Finance or a
government authority of the Ministry of Finance appointed by the minister
responsible for the area the applicant and the partner are required to certify
that they comply with the conditions provided in the ENI programme or the
decisions of the ENI programme monitoring committee and submit additional
information and documents for verification of the information submitted in the
application.
(2) A ministry, government authority and the
Government Office are required to submit their opinion with regard to the
applicant and the partner by the term provided by the Ministry of Finance if
this is necessary to proceed the application..
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
§ 636. Obligations
related to procurement
The guidance materials of the ENI programme and
the provisions of the monitoring committee decisions and §§ 26 and 27 of this
Act shall be applied to the organisation of procurements.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
§ 637. Examination of
information
The applicant and the beneficiary shall have the
right to examine the information contained in the document prepared with regard
to them.Upon violation of such right the applicant or the beneficiary may file
a challenge pursuant to the procedure agreed upon in the ENI programme.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
§ 638. Public
disclosure of data relating to application for and provision of support
(1) Only statistical reviews shall be disclosed with
regard to the applications before the entry into the contract for the provision
of support unless otherwise provided in the ENI programme or the decisions of
the ENI programme monitoring committee.
(2) Subsection 39 (5) of this Act shall be applied to
the public disclosure of data of the dismissed application, subsection (7) of
the same section shall be applied to the disclosure of documents on preparation
for audit and control and subsection (8) of the same section to the public
disclosure of information related to financial correction.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
§ 639. Failure to
comply with obligation or claim and notification thereof
The Ministry of Finance shall be notified of
within ten days as of becoming aware of violation in the cases specified in
subsection 50 (1) of this Act if they are related to the beneficiary or partner
registered in Estonia and the amount related to the failure to comply with the
obligation of claim exceeds 10,000 euros.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
Chapter 7IMPLEMENTING PROVISIONS
§ 64. Divestment of
claims for payment of compensation and acceptance of compulsory enforcement
The claim for payment of support provided on the
basis of the operational programmes and programmes specified in § 1 of this Act
cannot be divested by the beneficiary and the paid support shall not be subject
to compulsory execution in the banking account of the beneficiary.
§ 641. Implementation
of clause 2 8) of this Act
Clause 2 8) of this Act shall be implemented
retroactively starting from 1 May 2018.
[RT I, 06.07.2018, 2 - entry into force 16.07.2018]
§ 65. – § 67. [Omitted from this text.]
Courtesy: https://www.riigiteataja.ee/en/eli/ee/Riigikogu/act/518072018001/consolide
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