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13-08-2015

Competences of Institutions

 

Managing Authority

The Managing Authority of the Innovative Economy Programme is the Minister of Infrastructure and Development. The duties of the Managing Authority are performed by the Competitiveness and Innovation Department .

Tasks

The Managing Authority is responsible for managing the Programme and its implementation, and in particular for:

  • ensuring that the projects to be financed are compliant with the selection criteria applied to projects approved by the Monitoring Committee of the Programme and compliant with Community and national rules,
  • verification whether declared expenditures have been really incurred and whether they are compliant with Community and national rules,
  • ensuring that there is a system for computer registration and storage of accounting data for each measure within the Programme and that data regarding the implementation is collected, necessary for financial management, monitoring, control and evaluation,
  • ensuring that beneficiaries and institutions involved in the implementation of the measures have either a separate accounting system or an appropriate accounting code for all transactions related to the given co-financed project,
  • ensuring that evaluation of the Programme and promotion thereof is compliant with the provisions of EU regulations concerning European funds,
  • coordinating and supervising the process of implementation of the major projects, within the meaning of EU law,
  • developing the list of individual projects for OP IE,
  • developing the procedures of storing the documents related to expenditures and audit,
  • ensuring that Certifying Authority received all necessary information about the procedures and verification of expenditures related to the co-financed projects,
  • managing the works of the Monitoring Committee and providing it with necessary documents,
  • eveloping and providing the European Commission with the reports approved by the Monitoring Committee on the progress of Programme implementation,
  • developing a description of the management and control system setting mainly the organisation and procedures of the Managing and Certifying Authority, as well as Intermediate Bodies and Audit Institutions (or other institutions responsible for audit),
  • developing and conducting the controls of the Programme, including also the systemic controls,
  • cooperating with the Intermediate Body in preparing the control plan of the priority axes and approving the plan,
  • evaluating the progress of the implementation of the Programme,
  • providing the Monitoring Committee with information on comments voiced by the European Commission on the basis of the annual report and informing the European Commission about actions taken in reaction to these comments,
  • developing reports on irregularities in cooperation with the Intermediate Body and sending them to authorised institutions,
  • ensuring evaluation of the Programme, also at the central level, including monitoring the state of implementation of individual projects,
  • developing, in cooperation with the Intermediate Bodies, annual expenditure forecasts for the Programme for the present and following year and submitting them to the European Commission,
  • developing, in cooperation with the Intermediate Body, a detailed communication plan for the Programme and supervising communication activities of the Intermediate Body.

The Managing Authority develops also sample documents (e.g. a sample report of the Intermediate Body) or guidelines for their development. The documents which are developed by Intermediate Bodies, according to the guidelines of the Managing Authority, are, inter alia, manuals and procedures for beneficiaries, sample application forms, sample contracts and other documents for beneficiaries (then, they have to be approved by the Managing Authority).

The Managing Authority coordinates and supervises the works on the criteria for project selection for the Programme and submits them to the Monitoring Committee for approval, sets out eligibility criteria for costs covered by co-financing, the level of co-financing for the projects, and the types of projects the selection of which requires opinions by experts. On this basis, in cooperation with the Intermediate Body, the Managing Authority develops also the manual concerning the eligibility of costs of the Programme.

Additionally, the Managing Authority (at the request of the Monitoring Committee, on its own initiative or on the motion of the Intermediate Body) may introduce changes in the Programme and in the criteria for project selection. Changes may be introduced as a result of, inter alia, considerable socio-economic changes or difficulties in the implementation and allocation of reserves. The Monitoring Committee gives opinions on the said changes but the final decision is taken by the Managing Authority. The European Commission must be notified on such a decision within a month. Changes must be approved by the European Commission in order to be introduced.


NCS and NDS Coordinating Committee

National Strategic Reference Framework and National Development Strategy Coordinating Committee was constituted on 11 April 2007. Its tasks are, inter alia, controlling and supervising the implementation of National Cohesion Strategy and individual operational programmes.

The head of the Committee is the Minister of Infrastructure and Development. The representatives of the government and self-government administration, as well as social and economic partners participate in the works of the Committee. Experts and representatives of other institutions, social groups and labour organisations may also take part in the proceedings of the Committee, however, they are only observers – having no voting rights, which means they do not pass resolutions together with the remaining members of the Committee. The meetings of Coordinating Committee should be held at least two times a year.

Tasks

Coordinating Committee is responsible for:

  • monitoring the implementation of National Strategic Reference Framework for 2007-2013 and individual programmes on the basis of reports and monitoring reports,
  • monitoring the cohesion of realised policies within the scope of competitiveness policy, Common Agricultural Policy and Common Fisheries Policy with the Cohesion Policy and other development policies,
  • presenting conclusions and recommendations resulting from annual information concerning the compliance of activities realised within the programmes with appropriate policies of the Community,
  • giving opinions and recommendations concerning the course of the implementation of the horizontal policies in order to ensure a cohesive realisation of the development policy,
  • ensuring the compliance of the programmes with the National Development Strategy 2007-2015;
  • monitoring the level of expenditures incurred within the realisation of the Cohesion Policy, serving the implementation of the Lisbon Strategy,
  • giving opinion on the proposals concerning the modification of the implementation system of the National Cohesion Strategy for 2007-2013 and its improvements resulting from analysis, reports and information,
  • giving opinion on the corrective measures concerning problems with the realisation of the programmes,
  • giving opinion and approving the proposals concerning moving the resources within the programmes,
  • giving opinion and approving the report on the realisation of the programmes for the needs of state performance reserve allocation,
  • issuing opinions on conformity of activities carried out within national operational programmes to activities carried out within regional operational programmes,
  • monitoring the cohesion of implementing policies within the Convergence objective programmes with policies realised within the European territorial cooperation objective,
  • monitoring the cohesion of implementing policies within the Convergence objective programmes and the European territorial cooperation objective with other structural policies,
  • monitoring the cohesion of implementing policies within the Convergence objective programmes and the European territorial cooperation objective with the policies realised from the Financial Mechanism of the European Economic Area and Norwegian Financial Mechanism resources,
  • ensuring the regularity of functioning of the managing and controlling systems for individual programmes,
  • monitoring of applying the rule of equal opportunities and the rule of balanced development within the programmes.

The Committee may also perform other tasks necessary for appropriate realisation of National Cohesion Strategy 2007-2013 and National Development Strategy 2007-2015 – after defining them by the Minister in charge of infrastructure and development. 


Monitoring Committee

The Monitoring Committee of the Innovative Economy Operational Programme was appointed in compliance with regulation No. 26 of the Minister of Regional Development of 30 October 2007 concerning the Principles of Monitoring Committee appointment within Innovative Economy Operational Programme 2007-2013. According to the provisions of horizontal guidelines, before issuing by the European Commission the decision concerning the approval of OP IE, OP IE Monitoring Pre-committee was appointed by regulation No. 9 of the Minister of Regional Development of 26 June 2007, which task was to give opinion on the criteria of choosing the projects and OP IE Monitoring Committee Working Rules. Pre-committee had performed its tasks up to the date of the OP IE MC appointment.
Taking into account the principle of partnership stated in Article 11 of Council Regulation No. 1083/2006, in the OP IE Monitoring Committee the participation is ensured for governmental and self-governmental organisations, as well as for social and economic partners, including environmental partners and bodies responsible for promoting equality between men and women.

Apart from the Chairman, the Minister or the representative of the Minister in charge of infrastructure and development, in the Committee there is one representative from:

  • the governmental party:
    • Strategic Coordination Institution,
    • National Strategic Reference Framework Coordinating Authority,
    • Innovative Economy Operational Programme Managing Authority,
    • Certifying Authority,
    • Infrastructure and Environment Operational Programme Managing Authority,
    • Human Capital Operational Programme Managing Authority,
    • Eastern Poland Development Operational Programme Managing Authority and Coordinating Authority of Regional Operational Programmes,
    • Technical Assistance Operational Programme Managing Authority,
    • Minister in charge of informatisation acting as Intermediate Body,
    • Minister in charge of science acting as Intermediate Body,
    • Minister in charge of economy acting as Intermediate Body,
    • Minister in charge of economy acting as the Lisbon process coordinator in Poland,
    • Minister in charge of tourism,
    • Minister in charge of public finance,
    • Minister in charge of family within the scope of running the policy of equal opportunities,
    • Minister in charge of rural development within the scope of cohesion policy,
    • Minister in charge of environment within the scope of balanced development policy,
    • the Chairman of the Council of Ministers.

  • the local government party:
    • The Union of Polish Metropolises,
    • Association of Polish Cities,
    • Union of the Voivodeships of the Republic of Poland,
    • Marshals of the Voivodeships Convention of the Republic of Poland.

  • the social and economic partners’ party:
    • National Commission of NSZZ "Solidarność",
    • The All Poland Alliance of Trade Unions,
    • Trade Unions Forum,
    • Confederation of Polish Employers,
    • Polish Confederation Lewiatan,
    • Polish Craft Association,
    • Business Centre Club,
    • Polish Federation of Engineering Associations – NOT as a non-governmental organisation,
    • General Council of Science and Higher Education,
    • Polish Academy of Sciences,
    • Main Councli of the Research Institutes.

A representative of the European Commission in an advisory capacity on his own initiative or on the Chairman’s invitation may participate in the works of the Monitoring Committee.

Moreover, in the meetings of the Monitoring Committee may also participate, as observers having no speaking and voting rights, the representatives of: Polish Red Cross, carrying out activities within the scope of supporting equality between men and women, the Polish Cleaner Production Programme Association, carrying out activities within the scope of environmental protection, Regional Operational Programmes Managing Authorities, The Union of Polish Towns, Rural Communities Association of the Republic of Poland, Association of Polish Counties, voivodes, entities acting as Implementing Authorities/the Second level Intermediate Bodies, Audit Institution, the National Evaluation Unit, Fiscal Control, Supreme Chamber of Control of the Republic of Poland, the Polish Chamber of Commerce, The Polish Bank Association, the European Investment Bank, the European Investment Fund.

On the Chairman’s invitation other people may participate in the works of the Committee, including, e.g. experts, and also the representatives of institutions, social groups and labour organisations.
The observers may present problems and issues in the Committee only upon written consent of the Chairman in response to the written application submitted no later than 7 calendar days before the Committee meeting or through two Committee members acting together.

Tasks

Detailed tasks of the Monitoring Committee and its working procedures are described in:

  • the regulation,
  • the working regulations.


Intermediate Body

The Managing Authority may delegate the management of individual priority axes to another institution, the so-called Intermediate Body, which will perform part of its duties. The Managing Authority, however, shall remain fully responsible for the complete implementation of the Programme.
The role of the Intermediate Body may be performed only by the entity of public finances.

Tasks

The main tasks of the Intermediate Body within the Programme include in particular:

  • developing proposals for detailed description of the priority axis as well as measures within the Programme and the strategy for the implementation of a given axis, and submitting them to the Managing Authority,
  • management of individual priority axes implemented within the Programme (the Intermediate Body may establish Second level Intermediate Bodies for particular measures and delegate there some duties),
  • developing, if such a need arises, proposals for amendments in the Programme,
  • evaluation of operations which were declared to be co-financed,
  • ensuring that the operations selected are compliant with appropriate Community and national rules,
  • concluding contracts on co-financing with beneficiaries,
  • settling contracts with beneficiaries and making payments on behalf of beneficiaries,
  • monitoring the progress of realisation of the applications for refunds,
  • managing financial resources designated for implementation of the priority axis,
  • developing annual and multi-annual prognosis for expenditure within the priority axis and transmitting it to the Managing Authority,
  • monitoring the progress of the implementation of priority axes and,measures,
  •  making evaluations of priority axes and measures,
  • developing reports on the implementation of the priority axis and sending them to the Managing Authority (the reports are later sent to the Monitoring Committee for approval and then to the European Commission),
  • using central IT system for monitoring and running an IT system for monitoring the priority axis,
  • controlling the implementation of the priority axis and individual operations and sending the results of this control to the Managing Authority,
  • developing an annual control plan with regard to the priority axis,
  • recovering amounts wrongly paid to beneficiaries,
  • developing reports on irregularities and sending them to the Managing Authority,
  • transmitting all necessary information on expenditures in the beneficiaries’ operations to the Certifying Authority,
  • systematic controls in the Second level Intermediate Bodies,
  • ensuring appropriate information and promotion of the priority axis and informative, promotion and communication activities,
  • developing a communication plan for the Programme,
  • ensuring that beneficiaries and other institutions involved in the implementation of the measures have an appropriate and separate accounting system for the projects which are co-financed,
  • ensuring that there is a system for computer registration and storage of accounting data for each  measure within the Programme and ensuring that this data enables its control and evaluation,
  • storing all documentation related to the implementation of the priority axes and measures for 3 years since the date of the Programme completion.

Second level Intermediate Body

Upon the Managing Authority consent, the Intermediate Body may vest the implementation of some of its tasks in the Second level Intermediate Body (Implementing Authorities) or another institution having suitable competence, cadre resources and experience. This does not mean, however, transmitting the responsibility for the realisation of the Programme (or the priority axis or measures). The Intermediate Body bears full responsibility for the whole realisation of the Programme.

Tasks

The scope of duties of a given institution is defined in the contract or agreement.


Certifying Authority

Certifying Authority is an organisational unit established by the Minister of Infrastructure and Development, and is responsible for certification of expenditures incurred within the European Funds. It is independent from the Managing Authorities of particular Operational Programmes.
Currently the function of the Certifying Authority is performed by the ad hoc department in the Ministry of Infrastructure and Development – the Department of Certification and Designation

Tasks

Certifying Authority is responsible in particular for:

  • development of certified declarations of expenditures and payment applications and submitting them to the Commission,
  • certification of the regularity of expenditure declaration and its compliance with reliable accounting systems and verifiable supplementary documentation,
  • certification of the compliance of expenditures declared with appropriate Community and national rules, and that they were incurred with regard to selected operation for financing,
  • ensuring that Managing Authority provided it with appropriate information on procedures and verification carried out in relation to expenditures,
  • taking into account the results of all the audits carried out by the Audit Institution or commissioned by it,
  • maintenance of accounting documentation related to expenditures declared to the European Commission in an electronic form,
  • taking into account information on the irregularities found in the operational programme,
  • taking into account results of expenditure inspections carried out by Managing Authorities,
  • giving opinion on expenditures,
  • carrying out inspection visits in Managing Authorities and institutions subordinate to them (or possibly in beneficiaries).

The Certifying Authority is subordinate to one of the Members of the Ministry of Infrastructure and Development Management. The Member is directly subordinate to the Minister of Infrastructure and Development and takes independent decisions as regards certification of expenditure declarations and payment applications to the European Commission.


Intermediate Certifying Authority (IPOC)

In the case of the regional operational programmes, the Certifying Institution transmitted, on the basis of the signed agreement, some of its duties to the Voivodeship Offices. The institutions which received such entitlements are the so-called Intermediate Certifying Authorities.


Audit Institution

For all Operational Programmes the Audit Institution tasks are performed by the General Inspector of Fiscal Control, the function of which is performed by the Secretary of State or the Undersecretary of State in the Ministry of Finance. The Audit Institution is independent from Managing Authorities, Intermediate Bodies, second level Intermediate Bodies and Certifying Authority.

Audit is the system evaluation performed by the persons or companies independent from the evaluated entity. Its aim is to control if all the actions related to the implementation of European Funds in Poland were performed in accordance with procedures and provisions in force.

The tasks of Audit Institution are performed through fiscal control units subordinated to General Inspector of Fiscal Control i.e. separate organisational unit in the Ministry of Finance (Department for Protection of EU Financial Interests) and 16 fiscal control offices at the level of voivodeship. In each fiscal control office separate organisational units have been established and are responsible for the control of the funds from the European Union.

Tasks

Audit Institution is responsible for all activities related to issuing an assurance that the management and control system of Operational Programmes meet the requirements concerning the use of European Funds concluded in the Council of the European Union Regulation No 1083/2006 of 11 July 2006. The activities within the framework of the conformity audit are performed by the Department for Protection of EU Financial Interests, and the opinion is signed by the General Inspector of Fiscal Control.

Main tasks of the Audit Institution include in particular:

  • carrying out audits in order to verify effective functioning of the operational programme,
  • carrying out audits of the selected projects in order to verify declared expenditures,
  • presenting the audit strategy (including entities, which will conduct audits, schedule and methodology) to the European Commission,
  • Regular submitting to the European Commission annual audit reports in the years 2008-2015,
  • issuing opinion, whether the management and control system functions effectively,
  • Submitting to the European Commission until 31 March 2017 declaration of closure and final audit report.

Within the framework of abovementioned activities the Department for Protection of EU Financial Interests supervises co-ordinates and provides for proper work quality of fiscal control office. The Department can use the following control mechanisms:

  • introducing the system of document management (including defining criteria of preparing documents as well as their standardisation and computerisation),
  • supervision of the activities performing (assigning responsibility to employees for performing of task and verification),
  • annual control of the performed activities quality.

 

 





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