The Saeima1 has adopted
and the President of the State has proclaimed
the following Law:
Law on the Management of the European Economic Area Financial Mechanism
and the Norwegian Financial Mechanism for the Period of 2009-2014
Chapter I.
Article 1.
General Provisions
Terms used in this Law
The following terms are used in this Law:
1)
The European Economic Area Financial Mechanism - financial mechanism, established on
the basis of the Agreement on the participation of the Czech Republic, the Republic of Estonia, the
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the
European Economic Area, signed in Luxembourg on 14 October 2003, with the financing whereof being
ensured by the member states of the European Economic Area and the European Free Trade Association;
2)
The Norwegian Financial Mechanism - financial mechanism, established on the basis of the
Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus,
the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the
Republic of Poland, the Republic of Slovenia and the Slovak Republic in the European Economic Area,
signed in Luxembourg on 14 October 2003, with financing whereof being ensured by the Kingdom of
Norway;
3)
The European Economic Area Financial Mechanism Committee – a committee established
by the member states of the European Economic Area and the European Free Trade Association, which
shall manage the European Economic Area Financial Mechanism and adopt a decision on allocation of
the grant of the European Economic Area Financial Mechanism to programmes;
4)
Financial Mechanism Office – institution established by the member states of the European
Free Trade Association, which shall ensure the operation of the European Economic Area Financial
Mechanism and the Norwegian Financial Mechanism (hereafter – the Financial Mechanisms) on the part
of the donorstates;
5)
Management documents of the Financial Mechanisms:
a)
Memorandum of Understanding regarding implementation of the European Economic Area
Financial Mechanism in 2009-2014, concluded between the Republic of Latvia and Iceland, the
Principality of Liechtenstein and the Kingdom of Norway and approved by 29 March 2011 Cabinet of
Ministers Regulation No. 251 “On the Memorandum of Understanding between the Republic of Latvia
and Iceland, the Principality of Liechtenstein and the Kingdom of Norway regarding implementation of
the European Economic Area Financial Mechanism in 2009-2014”,
b)
Memorandum of Understanding regarding implementation of the Norwegian Financial
Mechanism in 2009-2014, concluded between the Republic of Latvia and the Kingdom of Norway and
approved by 29 March 2011 Cabinet of Ministers Regulation No. 252 “On the Memorandum of
Understanding between the Republic of Latvia and the Kingdom of Norway regarding implementation
of the Norwegian Financial Mechanism in 2009-2014”,
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The Parliament of the Republic of Latvia
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c)
Regulation on implementation of the European Economic Area Financial Mechanism in 20092014, approved by the European Economic Area Financial Mechanism Committee on 13 January 2011,
d)
Regulation on the implementation of the Norwegian Financial Mechanism in 2009-2014,
approved by the Ministry of Foreign Affairs of Norway on 11 February 2011,
e)
Guidelines, developed by the Financial Mechanism Office and approved by the European
Economic Area Financial Mechanism Committee or the Ministry of Foreign Affairs of Norway, related
to the implementation of the European Economic Area Financial Mechanism and the Norwegian
Financial Mechanism in 2009-2014;
6)
Programme – set of activities planned to be implemented with the support of the Financial
Mechanisms, directed towards the achievement of particular outcome and goals and specified in
Annexes B of the documents mentioned in Sub-clauses a and b of Clause 5 of this Article;
7)
Programme agreement - agreement on implementation of the programme, which the Focal
Point shall conclude with the Ministry of Foreign Affairs of Norway or the European Economic Area
Financial Mechanism Committee after the approval of the programme;
8)
Programme Operator – line ministry or the Society Integration Foundation, prescribed by
Annexes B of the documents mentioned in Sub-clauses a and b of Clause 5 of this Article as the entity
responsible for implementation of the programme. The Programme Operator may implement the
program in partnership with other direct public administration authority, derived public entity, another
public authority or a legal entity registered in the Republic of Latvia or association of such entities, or in
cooperation with the institution from the donorstates;
9)
Agency – direct public administration authority, which, under the procedure set by normative
acts, shall implement part of the functions of the Programme Operator;
10)
project application - application (completed template and its annexes), submitted by the
applicant, in order to qualify for the Financial Mechanisms grant necessary for the project;
11)
Project – project application corresponding to the criteria for assessment of project applications
and approved by the Programme Operator;
12)
Criteria for assessment of project applications – decisive indicators, based on which the
project application is assessed and the decision is adopted on the approval, approval with conditions or
rejection thereof;
13)
Predefined project – project defined in Annexes B of the documents mentioned in Subclauses a and b of Clause 5 of this Article or in the Programme;
14)
Small grant scheme – activity earmarked within the scope of the programme, with the
financing in the amount of equivalent in lats of EUR 5,000 till EUR 250,000 according to the currency
exchange rate stated by the Bank of Latvia, except for scholarships, the financing whereof may be in the
amount equivalent in lats of less than EUR 5,000 according to the currency exchange rate stated by the
Bank of Latvia;
15)
Project applicant – direct or indirect public administration authority, derived public entity,
other public authority, legal entity registered in the Republic of Latvia or the association of such entities;
16)
Beneficiary of the co-financing – project applicant, whose project application is approved by
the Programme Operator or the agency, as well as the promoter of the predefined project, approved by
the European Economic Area Financial Mechanism Committee or the Ministry of Foreign Affairs of
Norway;
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17)
Project agreement – agreement on the implementation of the project or predefined project,
concluded by the Programme Operator or the agency with the beneficiary of the co-financing (civil
liability contract, if the beneficiary of the co-financing is a private individual, legal entity registered in
the Republic of Latvia or the association of such entities, or agreement, if the beneficiary of the cofinancing is the direct or indirect public administration authority, derived public entity or other public
authority);
18)
Strategic Report – report containing information on the annual progress of implementation of
the Financial Mechanisms, which the Focal Point shall prepare according to the management documents
of the Financial Mechanisms mentioned in Sub-clauses c and d of Clause 5 of this Article.
Article 2.
Purpose of the Law
The purpose of this Law is to establish the management of the Financial Mechanisms, in order to
facilitate the implementation in Latvia of Financial Mechanisms corresponding to efficient, transparent
and safe financial management principles.
Article 3.
Scope of Application of the Law
This Law shall prescribe rights and obligations of institutions involved in the management of the
Financial Mechanisms and the beneficiary of the co-financing of the project or predefined project, as
well as the procedure for adoption, litigation and appeal of the decisions of institutions involved in the
management of the Financial Mechanisms.
Article 4.
(1)
Management of the Financial Mechanisms
The management of the Financial Mechanisms shall include:
1)
the preparation of Memorandums of Understanding and modifications thereto regarding the
implementation of Financial Mechanisms, preparation, coordination and approval of programmes
(including predefined projects);
2)
establishment of management and control system of the Financial Mechanisms;
3)
development of criteria for assessment of project applications, selection and approval of project
applications;
4)
implementation, control and audit of the programmes, projects or predefined projects;
5)
payments procedures;
6)
reporting on the discovered irregularities;
7)
monitoring and assessment;
8)
preliminary monitoring of procurement documentation and the process of the procurement
procedure within the projects or predefined projects.
(2)
Institutions and persons involved in the management of the Financial Mechanisms, within the
scope of the management of the Financial Mechanisms, shall observe the principle of efficiency, the
principle of feasibility and the principle of economy.
Article 5.
Allocation of Financial Mechanisms Grant and National Co-Financing
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(1)
The submission of the European Economic Area Financial Mechanism or the Norwegian
Financial Mechanism project application in compliance with this Law shall not impose an obligation on
the institutions involved in the management of the Financial Mechanisms to allocate to the project
applicant the grant of the European Economic Area Financial Mechanism or the Norwegian Financial
Mechanism, or the national co-financing.
(2)
The national co-financing to the Latvian Association of Municipalities as the beneficiary of the
co-financing for implementation of the predefined project shall be ensured from the state budget.
Chapter II.
Article 6.
Mechanisms
Provision of Management of the Financial Mechanisms
Institutions and Persons Involved in the Provision of Management of the Financial
(1)
Management of the Financial Mechanisms shall be provided by:
1)
the following institutions involved in the management of the Financial Mechanisms:
a)
Focal Point,
b)
Programme Operator,
c)
agency,
d)
Audit Authority,
e)
Certifying Authority,
f)
Procurement Monitoring Bureau,
g)
Monitoring Committee;
2)
beneficiary of the co-financing.
(2)
In order to achieve the purpose of this Law, institutions involved in the management of the
Financial Mechanisms shall issue internal normative acts and cooperate under the procedure set by the
Public Administration Structure Law.
(3)
Institutions involved in the management of the Financial Mechanisms, within the scope of the
management of the Financial Mechanisms, shall observe the provisions of the management documents
of the Financial Mechanisms.
Article 7.
(1)
Focal Point, Obligations and Rights Thereof
The Focal Point shall be obliged to:
1)
ensure the preparation of Memorandums of Understanding and the modifications thereof in
respect to the implementation of the Financial Mechanisms;
2)
ensure the management and efficiency of implementation of the Financial Mechanisms;
3)
ensure the implementation and monitoring of the support granted by the Technical Assistance
Fund;
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4)
ensure the development of legal acts in respect to the management and implementation of the
Financial Mechanisms;
5)
ensure the establishment of the management and control system of the Financial Mechanisms;
6)
establish and introduce the system of reporting irregularities within the scope of the Financial
Mechanisms;
7)
monitor the implementation of the Financial Mechanisms;
8)
prepare and submit the Strategic Report to the Financial Mechanism Office;
9)
ensure the publicity of implementation of Financial Mechanisms in Latvia.
(2)
The Focal Point shall be entitled to:
1)
propose and perform control and audit of the Financial Mechanisms;
2)
request from institutions and persons involved in the management of the Financial Mechanisms
information necessary for provision of the management of the Financial Mechanisms.
(3)
The functions of the Focal Point shall be fulfilled by the Ministry of Finance.
(4)
The Ministry of Finance shall ensure that the functions fulfilled by it as the Focal Point under
this Law shall be separated from other its functions.
Article 8.
Rights and Obligations of the Programme Operator
(1)
The Programme Operator shall be obliged to:
1)
develop the programme;
2)
develop the normative acts for ensuring the implementation of the programme;
3)
establish a cooperation committee for the programmes implemented in partnership with the
institutions of the donorstates, and to manage the work of the cooperation committee;
4)
develop the criteria for assessment of project applications;
5)
develop the management and control system for the programme;
6)
ensure separate accounting records for the programme;
7)
ensure the announcement of open calls for project applications;
8)
ensure the assessment and selection of project applications;
9)
ensure the conclusion of project agreement;
10)
ensure the implementation of the programme in compliance with the management documents of
the Financial Mechanisms, requirements of the programme agreement, normative acts of the European
Union and international normative acts binding on the Republic of Latvia;
11)
ensure the supervision and control of implementation of the project or predefined project;
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12)
verify and approve the reports and supporting documents of expenditures submitted by the
beneficiaries of the co-financing;
13)
ensure the implementation of programme publicity requirements and monitor the compliance of
publicity requirements within the projects;
14)
recover the non-eligible expenses and to ensure the disbursements of unused funds or noneligible expenses.
(2)
The Programme Operator shall be entitled to request from institutions involved in the
management of the Financial Mechanisms and the beneficiary of the co-financing the information
necessary for the provision of implementation, monitoring and control of the programme, projects or
predefined projects.
Article 9.
Determination of the Agency, Procedure for Cooperation between the Programme
Operator and the Agency
(1)
The agency, allocation of competence between the Programme Operator and the agency, as well
as the procedure for cooperation between these authorities shall be determined by the Cabinet of
Ministers.
(2)
The Programme Operator, when performing the duties stated in Paragraph one of Article 8 of
this Law, may delegate a part of duties to the agency.
(3)
Duties stated in Clauses 1, 2, 3, 4 and 5 of Paragraph one of Article 8 of this Law shall only be
performed by the Programme Operator.
(4)
The agency, when performing the duties stated in Paragraph two of this Article, shall be under
functional subordination of the Programme Operator.
(5)
Functions, fulfilled by the authority as the Programme Operator or the agency, shall be separated
from the functions fulfilled by it as the beneficiary of the co-financing.
Article 10.
(1)
Obligations and Rights of the Audit Authority
Audit authority shall be obliged to:
1)
ensure the conformity assessment of the management and control system of the Financial
Mechanisms established in the institutions involved in the management of the Financial Mechanisms;
2)
ensure the conformity assessment of the management and control system of the programme
established in the institution of the Programme Operator and the agency;
3)
during the period of nine months after the approval of the programme, to prepare the audit
strategy and submit it to the Financial Mechanism Office;
4)
prepare the annual audit plan and submit it to the Focal Point;
5)
ensure the performance of the audit in order to verify the conformity, operation and efficiency of
the management and control system of the Financial Mechanisms;
6)
ensure the performance of the audit, in order to verify the conformity, operation and efficiency
of the management and control system of the programme;
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7)
ensure the performance of the audit of the project or predefined project on the basis of
appropriate sampling, in order to verify if the expenditures declared within the programme are eligible;
8)
prepare and submit the annual audit report and opinion on conformity, operation and efficiency
of the management and control of the programme to the Financial Mechanism Office;
9)
prepare and submit the final audit report and closure declaration containing assessment of
validity of final payment claim to the Financial Mechanism Office;
10)
develop legal acts related to the provision of functions of the Audit Authority.
(2)
The Audit Authority shall be entitled to request from the institutions involved in the
management of the Financial Mechanisms and from the beneficiary of the co-financing information
necessary for the provision of the Financial Mechanisms audit, as well as for verification of efficiency of
operation of the implementation and monitoring system of the Financial Mechanisms.
(3)
Functions of the Audit Authority shall be fulfilled by the Ministry of Finance.
(4)
The Ministry of Finance shall ensure that the functions fulfilled by it as the Audit Authority
under this Law shall be separate from other its functions.
(5)
Till the 1st of March of the current year the Audit Authority through the Minister of Finance
shall inform the Cabinet of Ministers on the outcomes of the audit of the reporting year. If there is
information at the disposal of the Audit Authority that the implementation of the Financial Mechanisms
may be considerably affected, the Audit Authority shall immediately inform the Cabinet of Ministers
thereon.
Article 11.
(1)
Obligations and Rights of the Certifying Authority
The Certifying Authority shall be obliged to:
1)
submit approved interim financial reports and final programme reports to the Financial
Mechanism Office;
2)
provide the Financial Mechanism Office with information regarding expected payment claims;
3)
ensure the transfer of payments to Programme Operator and disbursements into the state budget;
4)
ensure the accounting of interim financial reports and final programme reports submitted to the
Financial Mechanism Office, as well as funds of the Financial Mechanisms received and paid out to the
Programme Operator or the agency;
5)
report to the Financial Mechanism Office the interest accrued within the scope of the Financial
Mechanisms;
6)
monitor the disbursements of the unused funds or non-eligible expenses.
(2)
The Certifying Authority shall be entitled to request the information from the institutions
involved in the management of the Financial Mechanisms and from the beneficiary of the co-financing
necessary for performance of its duties.
(3)
The functions of the Certifying Authority shall be fulfilled by the State Treasury.
(4)
The State Treasury shall ensure that the functions fulfilled by it as the Certifying Authority
under this Law shall be separated from other its functions.
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Article 12.
Procurement Monitoring Bureau, Obligations and Rights Thereof
(1)
The Procurement Monitoring Bureau shall ensure the preliminary monitoring of procurement
documentation and of procurement procedure process within the projects or predefined projects of the
European Economic Area Financial Mechanism or the Norwegian Financial Mechanism.
(2)
The Procurement Monitoring Bureau shall be entitled to request from the institutions involved in
the management of the Financial Mechanisms and from the beneficiary of the co-financing information
necessary for ensuring the preliminary monitoring of procurement documentation and procurement
procedure process within the projects or predefined projects of the European Economic Area Financial
Mechanism or the Norwegian Financial Mechanism.
Article 13.
Monitoring Committee
(1)
The Monitoring Committee shall be a collegiate body involved in the management of the
Financial Mechanisms, established with the purpose of monitoring of the progress of the Financial
Mechanisms implementation. The Cabinet of Ministers shall approve the statutes of the Monitoring
Committee.
(2)
The composition of the Monitoring Committee shall be approved by the head of the Focal Point.
The Monitoring Committee shall be managed by the representative of the Focal Point. The Focal Point
shall ensure the fulfilment of functions of the secretariat of the Monitoring Committee.
Article 14.
Obligations of the Beneficiary of the Co-financing
The beneficiary of the co-financing shall be obliged to:
1)
ensure the implementation of the project or predefined project in compliance with the project
agreement, the European Union and international laws binding to the Republic of Latvia;
2)
ensure separate accounting records for each European Economic Area Financial Mechanism or
the Norwegian Financial Mechanism project or predefined project;
3)
provide information regarding the implementation of the European Economic Area Financial
Mechanism or the Norwegian Financial Mechanism project or predefined project and ensure the
representatives of the Board of Auditors of the European Free Trade Association, the European
Economic Area Financial Mechanism Committee, the Ministry of Foreign Affairs of Norway, the State
Control of the Republic of Latvia, as well as institutions involved in the management of Financial
Mechanisms with access to originals of all documents related to the implementation of the European
Economic Area Financial Mechanism or the Norwegian Financial Mechanism project or predefined
project, as well as to the place of implementation of the respective project;
4)
ensure the publicity requirements of the projects or predefined projects;
5)
disburse to the Programme Operator or the agency the part of the received financing of the
European Economic Area Financial Mechanism or the Norwegian Financial Mechanism which was not
used or was not used in compliance with the conditions mentioned in Clause 1 of this Article.
Article 15.
Competence of the Cabinet of Ministers in Provision of Management of the
Financial Mechanisms
To ensure the management of Financial Mechanisms, the Cabinet of Ministers shall determine:
1)
the procedure under which the institutions involved in the management of the Financial
Mechanisms ensure the management of the Financial Mechanisms;
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2)
the procedure for planning of the funds in the state budget for implementation of programmes
and projects co-financed by the Financial Mechanisms and procedure for payments;
3)
the procedure under which the institutions involved in the management of the Financial
Mechanisms ensure the monitoring, assessment and control of the Financial Mechanisms and report on
the irregularities detected in the management of the Financial Mechanisms, as well as recover the noneligible expenses;
4)
the procedure for ensuring the functions of the Audit Authority in the management of the
Financial Mechanisms;
5)
the procedure for implementation of the programme and functional subordination form of the
Programme Operator and the agency;
6)
the procedure for stating criteria for assessment of the project applications within the open calls
and requirements for the project applicants;
7)
the procedure for cooperation between the Programme Operator and its partner if the programme
is implemented in partnership.
Article 16.
Term for Storage of Documents
Institutions and persons involved in the management of the Financial Mechanisms shall store the
originals of all documents related to the implementation of the European Economic Area Financial
Mechanism or the Norwegian Financial Mechanism programme, project or predefined project for a
period of five years after the approval of the final programme or project report.
Chapter III.
Article 17.
Decisions of the Programme Operator and the Agency, Litigation and Appealing
Thereof
Decisions of the Programme Operator and the Agency
(1)
The Programme Operator or the agency shall adopt the decision on approval, approval with
condition or rejection of the European Economic Area Financial Mechanism or the Norwegian Financial
Mechanism project application, as well as the decision on recovery of the allocated financing.
(2)
The decision on approval of the European Economic Area Financial Mechanism or the
Norwegian Financial Mechanism project application shall be adopted, if it corresponds to the criteria for
assessment of the European Economic Area Financial Mechanism or the Norwegian Financial
Mechanism project applications and there is financing available within the open call for implementation
of the project.
(3)
The decision on the approval of the European Economic Area Financial Mechanism or the
Norwegian Financial Mechanism project application with condition shall be adopted if the European
Economic Area Financial Mechanism or the Norwegian Financial Mechanism project applicant is
obliged to perform the actions set by the Programme Operator or the agency, for proper preparation and
implementation of the European Economic Area Financial Mechanism or the Norwegian Financial
Mechanism project. The conditions shall be included in the decision and the fulfilment of them shall be
controlled according to the normative acts on the respective European Economic Area Financial
Mechanism or the Norwegian Financial Mechanism programme. If any of the conditions provided in the
decision is not fulfilled within the prescribed term, the European Economic Area Financial Mechanism
or the Norwegian Financial Mechanism project application shall be considered rejected.
(4)
The decision on the rejection of the European Economic Area Financial Mechanism or the
Norwegian Financial Mechanism project application shall be adopted, if it does not correspond to the
criteria for assessment of the European Economic Area Financial Mechanism or the Norwegian
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Financial Mechanism project applications and the adjustment of the European Economic Area Financial
Mechanism, or the Norwegian Financial Mechanism project application according to Paragraph five of
this Article would affect the European Economic Area Financial Mechanism or the Norwegian Financial
Mechanism project application in terms of its essence, as well as, if the European Economic Area
Financial Mechanism or the Norwegian Financial Mechanism project application corresponds to the
criteria for assessment of the European Economic Area Financial Mechanism or the Norwegian
Financial Mechanism project applications, but there is no financing available within the open call for
the implementation of the project.
(5)
The decision on recovery of the allocated financing shall be adopted, if the allocated grant of the
European Economic Area Financial Mechanism or the Norwegian Financial Mechanism or national cofinancing is paid out to the beneficiary of the co-financing, but it has not been used or has been used not
in compliance with the requirements of the normative acts, provisions of the project agreement or its use
has not been complied with requirements of Paragraph two of Article 4 of this Law.
Article 18.
Types of Decisions of the Programme Operator and the Agency
(1)
The Programme Operator or the agency shall issue an administrative act or adopt an
administrative decision, according to the legal status of the European Economic Area Financial
Mechanism or the Norwegian Financial Mechanism project applicant.
(2)
If the European Economic Area Financial Mechanism or the Norwegian Financial Mechanism
project applicant is a private individual, legal entity registered in the Republic of Latvia or association of
such entities, the decision of the Programme Operator or the agency shall be an administrative act.
(3)
If the European Economic Area Financial Mechanism or the Norwegian Financial Mechanism
project applicant is the direct or indirect public administration authority, derived public entity or another
public authority, the decision of the Programme Operator or the agency shall be an administrative
decision – it may be litigated under the procedure set by the law, but it shall not be subject to appeal in
court.
(4)
Administrative decision mentioned in Paragraph three of this Article shall be issued in writing
and it shall consist of the following parts:
1)
name and address of the Programme Operator or the agency;
2)
the addressee - the European Economic Area Financial Mechanism or the Norwegian Financial
Mechanism project applicant;
3)
statement of facts;
4)
justification of the administrative decision;
5)
separate list of the applied legal provisions (also specifying the Article, Paragraph, Clause or
Sub-clause of the normative act);
6)
rights granted to the applicant or rejected rights;
7)
procedure for litigation of the decision.
Article 19.
Term for Adoption of the Decision
(1)
The Programme Operator or the agency shall adopt the decision on approval, approval with
condition or rejection of the European Economic Area Financial Mechanism or the Norwegian Financial
Mechanism project application not later than four months from the final date of submission of the
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European Economic Area Financial Mechanism or the Norwegian Financial Mechanism project
applications or final date of submission of project summaries, if the selection of project application is
organised in two stages.
(2)
If the selection of project applications is organised in two stages, the term defined in Paragraph
one of this Article shall not include the time intended for preparation and submission of project
applications selected after the first stage selection of project applications.
Article 20.
Adjustment of Project Application of the European Economic Area Financial
Mechanism or Norwegian Financial Mechanism
The European Economic Area Financial Mechanism or the Norwegian Financial Mechanism project
application shall not be subject to adjustment after its submission till the adoption of the decision on
approval, approval with condition or rejection of the project application.
Article 21.
Litigation and Appeal of the Decisions of the Programme Operator and the Agency
(1)
The European Economic Area Financial Mechanism or the Norwegian Financial Mechanism
project applicant may litigate or appeal the decisions mentioned in Paragraph one of Article 17 of this
Law, taking into account the provisions of Paragraph three of Article 18 of this Law.
(2)
The decision of the agency may be litigated at the Programme Operator, in whose functional
subordination, according to Paragraph four of Article 9 of this Law, is the respective agency. The
decision of the Programme Operator on the litigated decision of the agency is subject to appeal in the
administrative court.
(3)
The decision of the Programme Operator may be litigated by filing the respective application to
the head of the direct administration authority, within which the Programme Operator’s institution is
established. If the head of the direct administration authority is the member of the Cabinet of Ministers,
the administrative act may be directly appealed in court. The decision of the head of the direct
administration authority is subject to appeal in the administrative court.
(4)
The opinion on the fulfilment of the condition included in the decision shall be litigated and
appealed under the same procedure and within the same terms as applied to the decision, which contains
the condition on the fulfilment whereof the opinion is prepared. The opinion on the fulfilment of the
condition included in the decision may be litigated and appealed also separately from the decision,
containing the respective condition.
(5)
Litigation or appeal of the opinion or the decision shall not suspend its fulfilment.
Chapter IV. Procedure for Resolution of Disputes regarding Financing Allocated under the
European Economic Area Financial Mechanism or Norwegian Financial Mechanism
Article 22.
Procedure for Dispute Resolution
Dispute on the allocated European Economic Area Financial Mechanism or the Norwegian Financial
Mechanism grant and national co-financing shall be resolved under the procedure defined in the
Administrative Procedure Law or the Civil Procedure Law.
Article 23.
Decision on Recovery of the Granted Financing
(1)
The decision on recovery of the allocated Financial Mechanisms grant and national co-financing
shall be adopted in cases stated in Paragraph five of Article 17 of this Law and under the procedure set
by the Administrative Procedure Law, if the beneficiary of the co-financing may be an addressee of the
administrative act according to Paragraph two of Article 18 of this Law and it may be subject to
compulsory enforcement.
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(2)
If the beneficiary of the co-financing cannot be an addressee of the administrative act according
to Paragraph two of Article 18 of this Law and cannot be subject to compulsory enforcement, the
Programme Operator or the agency shall adopt an administrative decision on the recovery of the
allocated Financial Mechanisms grant and national co-financing.
Article 24.
Dispute Resolution under Civil Procedure
(1)
If the application of the procedure for recovery of the allocated Financial Mechanisms grant or
national co-financing stated in Article 23 of this Law is not useful, as well as if the recovery of the
allocated Financial Mechanisms grant or national co-financing is not subject to the provisions of
Paragraph four of Article 17 and Article 23 of this Law, the allocated Financial Mechanisms grant or
national co-financing shall be recovered or the dispute on the payment or continuance of payment of the
Financial Mechanisms shall be resolved under civil procedure.
(2)
If the beneficiary of the co-financing is the direct or indirect public administration authority,
another public authority or derived public entity, the allocated Financial Mechanisms grant or national
co-financing shall be recovered or the dispute on the payment or continuance of payment of the
Financial Mechanisms shall be resolved under civil procedure, except for the possibility to resolve the
dispute through court.
Article 25.
State Fee in Appling to the Court
The Focal Point, the Programme Operator, the agency, the Certifying Authority or the Audit Authority
shall not pay a state fee in applying to a court of general jurisdiction regarding a contractual
dispute.
Chapter V.
Article 26.
Mechanisms
Final Provisions
Restrictions set for the Persons Involved in the Management of the Financial
Restrictions on business activity, profit making and combining of positions, as well as other restrictions
and obligations set for the persons involved in the management of Financial Mechanisms, shall be stated
by the Law on Prevention of Conflict of Interest in Activities of State Officials.
Article 27.
Right to Review the Project Application File
(1)
The European Economic Area Financial Mechanism or the Norwegian Financial Mechanism
project applicant at any stage of the process shall be entitled to get acquainted with the European
Economic Area Financial Mechanism or the Norwegian Financial Mechanism project application file.
(2)
The European Economic Area Financial Mechanism or the Norwegian Financial Mechanism
project applicant shall be entitled to get acquainted with the assessment documents of the European
Economic Area Financial Mechanism or the Norwegian Financial Mechanism project application only
after the decision on approval comes into force, approval with condition or rejection of the European
Economic Area Financial Mechanism or the Norwegian Financial Mechanism project application.
(3)
Information regarding persons, who are assessing or have been assessing the European
Economic Area Financial Mechanism or the Norwegian Financial Mechanism project application, shall
not be revealed to the European Economic Area Financial Mechanism or the Norwegian Financial
Mechanism project applicant, when he is reviewing the European Economic Area Financial Mechanism
or the Norwegian Financial Mechanism project application file, except for information on the members
of the Selection Committee. Information regarding the members of the Selection Committee shall be
available within the scope and under the procedure set by this Law and other normative acts.
Article 28.
Transparency of Information
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(1)
The European Economic Area Financial Mechanism or the Norwegian Financial Mechanism
project application file shall be restricted access information and shall be available according to the
Information Transparency Law.
(2)
The following information shall be deemed as generally accessible information:
1)
beneficiary of the co-financing (for legal entity – company name and registered address; for
private individuals – name and surname);
2)
name of the programme and the project;
3)
amount of the allocated the Financial Mechanisms grant;
4)
place of implementation of the programme or the project;
5)
summary of activities to be performed within the programme or the project.
(3)
Information mentioned in Paragraph two of this Article shall be available after the final decision
on approval of the programme (including predefined project) or project application comes into force.
(4)
If the European Economic Area Financial Mechanism or the Norwegian Financial Mechanism
project application is submitted by the direct public administration authority or the Society Integration
Foundation, the project application file shall be generally accessible information, except for the project
budget summary, indicative plan for project expenditures. Information regarding the above mentioned
European Economic Area Financial Mechanism or the Norwegian Financial Mechanism project shall be
available within the scope and under the procedure set by the Information Transparency Law, after the
final deadline for submission of the European Economic Area Financial Mechanism or Norwegian
Financial Mechanism project application.
(5)
Information regarding persons, who are assessing or have been assessing the European
Economic Area Financial Mechanism or the Norwegian Financial Mechanism project application, shall
not be revealed, except for information on the members of the Selection Committee. Information
regarding the members of the Selection Committee shall be available within the scope and under the
procedure set by this Law and other normative acts.
Transitional Provisions
1.
The Cabinet of Ministers shall issue the regulations mentioned in Clauses 1, 2, 3 and 4 of
Article 15 of this Law till 31 August 2012.
2.
The Cabinet of Ministers shall issue the regulations mentioned in Clauses 5, 6 and 7 of
Article 15 of this Law till 28 December 2012.
The Saeima has adopted this Law on 26 January 2012.
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