Management and implementation

6.1.1 Overall responsibility

The Polish Government, represented by the Council of Ministers, has overall responsibility for the commitments embodied in the Community Support Framework and its correct and efficient implementation. In particular, the Government will ensure the availability and system of access to the financial and other resources necessary to bring the measures described in the Sectoral Operational Programme

Improvement of the Competitiveness of Enterprises into effect.

6.1.2. Managing Authority

6.1.2.1. Managing Authority of the Community Support Framework

Management and implementation of the Community Support Framework is subject to the Council Regulation 99/1260/EC of 21st June 1999 and the Commission Regulation No 2001/438/EC of 2nd March 2001, laying down detailed rules for the implementation of the Council Regulation No 99/1260/EC as regards the management and control systems for assistance granted under the Structural Funds (OJ L 063 of 3rd March 2001), called hereafter “the Regulation No 2001/438/EC”. The Minister in charge of regional development is the Managing Authority for the Community Support Framework (CSF), and is responsible in particular for the following:

- ensuring overall co-ordination in the process of implementation of the Community Support Framework,

- monitoring, in co-operation with the Paying Authority, the flow of funds necessary to implement the structural funds interventions effectively.

- transfer to the European Commission of the data on the progress in implementing the CSF and Operational Programmes.,

- drawing up of annual reports on CSF implementation, forwarded for approval to CSF National Monitoring Committee and submitted to the European Commission;

- coordinating the preparation of the Programme Complements and their adaptation as necessary.

The CSF Managing Authority makes proposals, upon approval of the CSF National Monitoring Committee, with regard to any changes and shifts of resources between Priorities within Operational Programmes implemented within the Community Support Framework. The decisions are made jointly with the European Commission.

6.1.2.2. Managing Authority of the SOP – ICE

Management and implementation of the SOP-ICE is subject to the Council Regulation No 99/1260/EC of 21st June 1999 and the Commission Regulation No 2001/438/EC. The function of the Managing Authority for the SOP–ICE is performed by the Minister in charge of regional development.

The SOP-ICE Managing Authority is responsible for the efficiency and correctness of management and implementation of the SOP–ICE, through specific requirements of Article 34 of Council Regulation No 99/1260/EC:

- assurance of compliance with Community policies of all operations carried out within the SOP-ICE, as well as assurance of adherence to the rules being in force in Community as regards concluding public contracts and forwarding relevant information,

- preparation of the SOP-ICE Complement and at the implementation stage preparation of possible adjustments and amendments, as well as submitting these documents for approval by the SOP–ICE Monitoring Committee and then forwarding these documents to the European Commission,

- ensuring preparation and implementation of the Action Plan for Information and Publicity of the SOP-ICE,

- collection of statistical and financial data necessary for monitoring of the SOP-ICE implementation progress, and forwarding these data to the Community Support Framework Managing Authority, to the monitoring and control units of the ERDF and to the European Commission,

- drawing up of the annual implementation reports on the SOP-ICE and, after obtaining the approval of the Monitoring Committee, submitting them to the European Commission.

In addition to the above mentioned responsibilities resulting from the Article 34, the SOP–ICE Managing Authority is responsible for:

- ensuring overall co-ordination of the SOP-ICE implementation,

- monitoring, in co-operation with the Paying Authority, the flow of funds necessary for the effective implementation of the structural funds’ measures, - transfer to the European Commission, in co-operation with the Paying

Authority, of data on the progress in implementing the SOP–ICE, - ensuring proper accounting and management of the EU funds,

- ensuring that all institutions involved in the management of the SOP-ICE have sufficient technical and administrative capacities to ensure full compliance with their designated responsibilities,

- submitting payment claims to the Paying Authority for the structural funds in compliance with all adopted instructions,

- implementing management and control systems based on the procedures described in the Article 4 of the Regulation No 2001/438/EC,

- chairing and running the Secretariat for the Monitoring Committee,

- ensuring the availability of all documentation connected with the implementation of projects under the SOP-ICE for at least 3 years from the date of last payment transferred from the European Commission,

- preparation of ex-ante evaluation for the SOP–ICE implementation and of evaluation of the Programme Complement,

- organisation, in co-operation with the European Commission and the CSF Managing Authority, of the programme's ex-post evaluation after its completion, - preparation of quarterly and annual reports on the SOP-ICE implementation,

based on quarterly reports provided by the Final Beneficiaries (implementing institutions) and the Intermediate Bodies,

- preparation of periodic reports on the ERDF implementation and forwarding them to the CSF Managing Authority,

- preparation of final reports on the SOP-ICE implementation, based on final reports provided by the Final Beneficiaries (implementing institutions) and the Intermediate Bodies. Final reports are submitted for approval by the SOP-ICE Monitoring Committee and forwarded to the European Commission at the latest in six months after the final date of eligibility of the expenditure (Art. 34.1.c),

- chairing and running of the Secretariat for the SOP–ICE Steering Committee, - participation in selection of members of working groups for projects assessment,

established at the level of the Final Beneficiaries (implementing institutions) for the respective SOP–ICE measures,

- verification and acceptance of payments to Final Recipients (beneficiaries) on the basis of the submitted documentation,

- drawing up of applications for financing the technical assistance projects for the Managing Authority and submitting them to the SOP–ICE Steering Committee for approval,

- collecting applications for TA projects submitted by the Intermediate Bodies and Final Beneficiaries (implementing institutions) and granting subsidies for the selected projects.

Upon an approval of European Commission, the SOP-ICE Managing Authority makes decisions on changes and transfers of funds between the SOP-ICE Priorities. The European Commission shall be informed about such decisions within one month’s time. Each change in the contribution of the structural funds and reallocation under the SOP-ICE Priorities shall be made by the European Commission in agreement with the CSF Managing Authority.

Further detailed functions of the SOP–ICE Managing Authority, including those regarding financial management, are provided in the Programme Complement.

6.1.3 Intermediate Bodies

The SOP–ICE Managing Authority delegates the management, monitoring and control functions to the Intermediate Bodies (as construed by Article 2 of the European Commission Regulation No 2001/438) – the Minister in charge of the environment, the Minister in charge of science and the Minister in charge of the economy.

The Intermediate Body is responsible amongst others for:

- management of the system of collection of financial and statistical information concerning the implemented projects, and transmitting them to the SOP-ICE Managing Authority, Paying Authority and to the CSF Managing Authority using the SIMIK system of electronic data gathering and processing,

- assurance of compliance of operations undertaken within measures with the Community policies, in the context of adherence to the Community rules of public contracts, and forwarding relevant information,

- preparation of applications for financing of technical assistance and forwarding them to the SOP–ICE Managing Authority,

- preparation of periodic reports on the monitoring of the implemented measures – based on reports from Final Beneficiaries (implementing institutions), and forwarding them to the Managing Authority,

- preparation of periodic reports on the implementation of ERDF under the SOP- ICE, and forwarding them via the SOP-ICE Managing Authority to the CSF Managing Authority,

- drawing up of annual reports on the implementation of measures, and forwarding them to the Managing Authority,

- drawing up of a report on the implementation of measures upon the Programme's completion, and forwarding them to the Managing Authority. An agreement is established between the Managing Authority and the Intermediate Body to define the responsibilities of the Intermediate Body resulting from the delegation of the above listed tasks.

Delegation of management, control and monitoring functions to the Intermediate Bodies does not relieve the Managing Authority from accepting the full responsibility for the effectiveness, adequate management and implementation of the SOP-ICE.

Further detailed functions of the SOP–ICE Intermediate Bodies’, such as financial management, are provided in the Programme Complement.

6.1.4 Final Beneficiaries (implementing institutions)

The Final Beneficiaries (implementing institutions) are institutions and public and private entities responsible for the implementation of the SOP-ICE measures. In case of aid schemes, under Article 87 of the EU Treaty, and in case of aid granted by institutions appointed by the EU Member States, the Final Beneficiaries (implementing institutions) are those institutions which grant aid (under Article 9 (l) of the Council Regulation No 99/1260/EC).

Under the SOP–ICE implementation system, the Final Beneficiaries (implementing institutions) are institutions appointed by the Managing Authority, that have concluded an agreement on implementation of the measures via realization of the projects submitted and implemented by the Final Recipients (beneficiaries).

The Final Beneficiaries (implementing institutions), i.e. institutions responsible for implementation of the SOP–ICE measures entrusted to them, are PAED, IDA S.A., the Minister in charge of science, the National Fund for Environmental Protection and Water Management, the Minister in charge of the economy.

Final Beneficiaries (implementing institutions) are responsible inter alia for:

- collection of applications from the beneficiaries for implementation of projects, - formal verification of applications submitted by Final Recipients (beneficiaries), - assessment of applications (in Working Groups for project assessment)

according to project selection criteria accepted by the Monitoring Committee, - recording project-related data in the SIMIK system,

- signing the co-financing agreements with Final Recipients (beneficiaries), upon ,the agreement concluded between the Intermediate Body and the Final Beneficiary (implementing institution),

- monitoring of projects implementation under the SOP-ICE,

- submission of payment applications to the Intermediate Body or directly to the Managing Authority (confirmation of eligibility of expenditures),

- drawing up of quarterly and annual implementation reports and submitting them to the Intermediate Body / Managing Authority,

- drawing up, upon completion of the SOP-ICE, of the measures’ final implementation report to be submitted to the Intermediate Body / Managing Authority,

- storage of any documentation related to the measure’s implementation for at least 3 years following the final payment by the European Commission (final payment of the balance) under the SOP-ICE.

Further details on the Final Beneficiary (implementing institutions) are provided in the Programme Complement.

6.1.5 Final Recipients (beneficiaries)

The Final Recipients (beneficiaries) under the SOP-ICE are entities applying for ERDF support projects’ implementation. Detailed description of the Beneficiaries is provided in the Programme Complement.

6.1.6 Working Groups for project assessment

Working Groups for project assessment are established in agreement with the SOP– ICE Managing Authority and chaired by the representative of the Final Beneficiary (implementing institution)31.

Members of Working Groups for project assessment (and invited experts, if their participation is necessary) carry out detailed assessment of projects on the basis of the selection criteria approved by the Monitoring Committee. To ensure objectivity of project assessment, members of Working Groups as well as experts who are in any way connected with the assessed application, do not participate in the assessment process.