2008/22/EC: Commission Decision of 19 December 2007 laying down rules for the imp... (32008D0022)
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2008/22/EC: Commission Decision of 19 December 2007 laying down rules for the implementation of Decision No 573/2007/EC of the European Parliament and of the Council establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme Solidarity and Management of Migration Flows as regards Member States’ management and control systems, the rules for administrative and financial management and the eligibility of expenditure on projects co-financed by the Fund (notified under document number C(2007) 6396)
- COMMISSION DECISION
- of 19 December 2007
- laying down rules for the implementation of Decision No 573/2007/EC of the European Parliament and of the Council establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ as regards Member States’ management and control systems, the rules for administrative and financial management and the eligibility of expenditure on projects co-financed by the Fund
- (notified under document number C(2007) 6396)
- (Only the Bulgarian, Czech, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic)
- (2008/22/EC)
- PART I
- INTRODUCTION
- CHAPTER 1
- Subject and definitions
- Article 1
- Subject matter
- Article 2
- Definitions
- PART II
- PROVISIONS COMMON TO THE FOUR FUNDS
- CHAPTER 1
- Designated authorities
- Article 3
- Common authorities
- Article 4
- Delegated authority
- Article 5
- Outsourcing of tasks
- CHAPTER 2
- Management and control systems
- Article 6
- Manual of procedures
- Article 7
- Implementation of the Fund by the responsible authority
- Article 8
- Conditions under which the responsible authority acts as executing body
- Article 9
- Selection and award procedure when the responsible authority acts as awarding body
- Article 10
- Grant agreements with final beneficiaries when the responsible authority acts as awarding body
- Article 11
- Implementation contracts
- Article 12
- Determination of the final Community contribution
- Article 13
- Technical assistance
- Article 14
- Technical assistance expenditure in the case of a common authority
- Article 15
- Verifications by the responsible authority
- Article 16
- Audit trail
- Article 17
- Audits of systems and audits of projects
- Article 18
- Verifications by the certifying authority
- CHAPTER 3
- Information to be provided regarding use of the Fund
- Article 19
- Principle of proportionality
- Article 20
- Description of management and control systems
- Article 21
- Revision of the description of management and control systems
- Article 22
- Programming documents
- Article 23
- Revision of financial breakdown in annual programmes
- Article 24
- Progress and final reports on implementation of annual programmes
- Article 25
- Documents established by the audit authority
- Article 26
- Documents established by the certifying authority
- CHAPTER 4
- Reporting irregularities
- Article 27
- Initial reporting — derogations
- Article 28
- Reporting of follow-up — non-recovery
- Article 29
- Contacts with Member States
- Article 30
- Use of information
- CHAPTER 5
- Information and publicity
- Article 31
- Information for potential final beneficiaries
- Article 32
- Information for final beneficiaries
- Article 33
- Responsibilities of the responsible authority relating to information and publicity for the general public
- Article 34
- Responsibilities of final beneficiaries relating to information and publicity for the general public
- Article 35
- Technical characteristics of information and publicity for the operation
- CHAPTER 6
- Personal data
- Article 36
- Protection of personal data
- CHAPTER 7
- Electronic exchange of documents
- Article 37
- Electronic exchange of documents
- Article 38
- Computer system for the exchange of documents
- PART III
- PROVISIONS SPECIFIC TO THE EUROPEAN REFUGEE FUND
- CHAPTER 1
- Eligibility rules
- Article 39
- Eligibility rules
- CHAPTER 2
- Management and control systems
- Article 40
- Emergency measures
- Article 41
- Fixed amount for resettled persons
- Article 42
- Implementation of annual programmes
- PART IV
- FINAL PROVISIONS
- Article 43
- Addressees
- ANNEXES
- ANNEX 1
- MODEL DESCRIPTION OF MANAGEMENT AND CONTROL SYSTEMS
- 1. IDENTIFICATION OF THE DESIGNATED AUTHORITIES
- 1.1. General information on the designated authorities
- 1.3. Responsible authority
- 1.4. The delegated authority(ies)
- 1.5. Certifying authority
- 1.6. Audit authority
- 2. FUNCTIONING OF DESIGNATED AUTHORITIES
- 3. OPERATIONAL AND FINANCIAL PROCESSES
- 4. INFORMATION MANAGEMENT
- 5. APPROVAL OF THE DESCRIPTION OF THE MANAGEMENT AND CONTROL SYSTEMS
- ANNEX 2
- MODEL MULTI-ANNUAL PROGRAMME
- 1. SITUATION IN THE MEMBER STATE
- 2. ANALYSIS OF REQUIREMENTS IN THE MEMBER STATE
- 3. STRATEGY TO ACHIEVE THE OBJECTIVES
- 4. COMPATIBILITY WITH OTHER INSTRUMENTS
- 5. FRAMEWORK FOR IMPLEMENTATION OF THE STRATEGY
- 6. INDICATIVE FINANCING PLAN
- ANNEX 3
- MODEL ANNUAL PROGRAMME
- 3. ACTIONS TO BE SUPPORTED BY THE PROGRAMME UNDER THE PRIORITIES CHOSEN
- 4. TECHNICAL ASSISTANCE
- 5. DRAFT FINANCING PLAN
- ANNEX 4
- MODEL PROGRESS REPORT ON IMPLEMENTATION OF THE ANNUAL PROGRAMME
- A. Technical report
- 1. OPERATIONAL IMPLEMENTATION
- 2. FINANCIAL IMPLEMENTATION
- 3. REPORTING ON IRREGULARITIES
- B. Request for the second pre-financing payment
- ANNEX 5
- MODEL FINAL REPORT ON IMPLEMENTATION OF THE ANNUAL PROGRAMME
- A. Technical report
- 1. OPERATIONAL IMPLEMENTATION
- 3. MEASURES TAKEN TO PROVIDE INFORMATION ON THE PROGRAMME
- 4. FINANCIAL IMPLEMENTATION
- 4.1. List of all pending recoveries at 30 June of the year N + 2 (N = year of this annual programme)
- 4.2. List of recovery orders
- not
- included in the financial reports of the previous annual programmes (if appropriate)
- 5. REPORTING ON IRREGULARITIES
- 6. ANNEXES
- B. Request for payment of the balance/ Statement of reimbursement
- ANNEX 6
- MODEL AUDIT STRATEGY
- 1. THE AUDIT UNIVERSE
- 2. RISK ASSESSMENT
- 3. OBJECTIVES AND PRIORITIES
- 4. AUDIT APPROACH
- 5. AUDIT PLANS COVERING CALENDAR YEARS 2007 AND 2008
- 5.1. Year 2007(1)
- 5.2. Year 2008
- Annex(es) to the audit strategy(2): annual plans
- 3. AUDIT PLAN YEAR 20XX
- ANNEX 7
- MODEL REPORT BY THE AUDIT AUTHORITY
- A. Annual audit report
- 1. GENERAL INFORMATION
- 2. SYSTEMS AUDITS
- 3. AUDITS ON PROJECTS
- 4. FOLLOW-UP OF AUDIT ACTIVITY COVERED BY PREVIOUS REPORTS, IF APPROPRIATE
- B. Opinion on the functioning of the management and control systems
- 1. INTRODUCTION
- 2. SCOPE OF THE EXAMINATION
- 3. OPINION
- Either (unqualified opinion)
- Or (qualified opinion)
- Or (adverse opinion)
- C. Validation of the payment request
- 1. INTRODUCTION
- 2. SCOPE OF THE EXAMINATION
- 3. OPINION
- Either (unqualified opinion)
- Or (qualified opinion)
- Or (adverse opinion)
- ANNEX 8
- MODEL DECLARATION OF EXPENDITURE FOR THE SECOND PRE-FINANCING
- ANNEX 9
- MODEL DECLARATION OF EXPENDITURE FOR PAYMENT OF THE BALANCE
- ANNEX 10
- INSTRUCTIONS CONCERNING THE EMBLEM AND DEFINITION OF THE STANDARD COLOURS
- Symbolic description
- Heraldic description
- Geometric description
- Regulation colours
- Four-colour process
- Internet
- Monochrome reproduction process
- Reproduction on a coloured background
- ANNEX 11
- RULES ON THE ELIGIBILITY OF EXPENDITURE
- EUROPEAN REFUGEE FUND
- I. General principles
- I.1. BASIC PRINCIPLES
- I.2. BUDGET OF A PROJECT
- I.3. INCOME AND NON-PROFIT PRINCIPLE
- I.4. ELIGIBILITY PERIOD
- I.5. RECORD OF EXPENDITURE
- I.6. TERRITORIAL SCOPE
- II. Categories of eligible costs (at project level)
- II.1. DIRECT ELIGIBLE COSTS
- II.1.1. Staff costs
- II.1.1.1. General rules
- II.1.1.2. Specific conditions for staff costs of public bodies
- II.1.2. Travel and subsistence costs
- II.1.3. Equipment
- II.1.3.1. General rules
- II.1.3.2. Renting and leasing
- II.1.3.3. Purchasing
- II.1.4. Real estate
- II.1.4.1. General rules
- II.1.4.2. Purchase, construction or renovation
- II.1.4.3. Rental
- II.1.4.4. Office space for the final beneficiary
- II.1.5. Consumables, supplies and general services
- II.1.6. Subcontracting
- II.1.7. Costs deriving directly from the requirements linked to EU co-financing
- II.1.8. Expert fees
- II.1.9. Specific expenses in relation to the target groups
- II.1.10. Emergency measures
- II.2. INDIRECT ELIGIBLE COSTS
- III. Ineligible expenditure
- IV. Costs covered by assigned income
- V. Technical assistance at the initiative of Member States
- ANNEX 12
- APPLICATION FOR EMERGENCY MEASURES
- 1. Description of the situation of particular pressure requiring emergency measures
- 2. Emergency measures envisaged
- 3. Eligibility rules
- 4. Indicative financing plan
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