EUROPEAN TERRITORIAL COOPERATION Interreg V-A Poland-Denmark-Germany-Lithuania-Sweden (South Baltic) Programme 2014-2020 THE MONITORING COMMITTEE - Rules of Procedure - approved by the Monitoring Committee on 20 February 2017
LIST OF ABBREVIATIONS Rules of Procedure for the Monitoring Committee of the South Baltic Programme 2014-2020 2 EC CPR ETC Regulation JS MA MC SBP MC delegations European Commission Council Regulation (EC) No 1303/2013 of 17 December 2013 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1083/2006 Regulation (EU) No 1299/2013 of the European Parliament and of the Council of 17 December 2013 on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal (OJ L 347, 20.12.2013, p. 259 Joint Secretariat Managing Authority Monitoring Committee INTERREG V-A Poland-Denmark-Germany-Lithuania-Sweden (South Baltic) Programme 2014-2020 5 delegations representing 5 Member States participating in the SBP and 1 joint delegation representing Euroregion Baltic and Euroregion Pomerania
According to: Rules of Procedure for the Monitoring Committee of the South Baltic Programme 2014-2020 3 Article 1 General Provisions Articles 47-49 as well as Art. 110 of REGULATION (EU) No 1303/2013 of THE EUROPEAN PARLIAMENT AND of THE COUNCIL of 17 December 2013 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 (hereinafter referred to as the CPR), Article 12 of the Regulation (EU) No 1299/2013 of the European Parliament and of the Council of 17 December 2013 on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal (hereinafter referred to as the ETC regulation), the delegated Regulation (EU) No 240/2014 on the European Code of Conduct on Partnership in the framework of the European Structural and Investment Funds adopted by the European Commission on 7 January 2014 (hereinafter referred to as the European Code of Conduct on Partnership), INTERREG V-A Poland-Denmark-Germany-Lithuania-Sweden (South Baltic) Programme 2014-2020 (hereinafter referred to as the SBP). The Republic of Poland acting as the Managing Authority (hereinafter referred to as the MA), represented by the Minister of Infrastructure and Development of the Republic of Poland and the European Union Member States participating in the SBP: the Kingdom of Denmark, the Kingdom of Sweden, Mecklenburg-Vorpommern (Land of the Federal Republic of Germany), and the Republic of Lithuania, have agreed on the establishment of the Monitoring Committee (hereinafter referred to as the MC) to supervise the effectiveness and correctness of the implementation of the SBP. Article 2 Responsibilities and tasks of the Monitoring Committee 1. In accordance with Articles 49 and 110 of the CPR, the Article 12 of the ETC Regulation and the SBP, the MC shall in particular: approve the criteria for selecting projects and adopt respective changes, approve the Programme Manual and the Application Form template adopt amendments to the Programme Manual and the Application Form template, if necessary, select projects for funding after previous assessment provided by the JS,
Rules of Procedure for the Monitoring Committee of the South Baltic Programme 2014-2020 4 approve changes, if applicable, to be introduced to the selected and contracted projects, establish the eligibility rules for the SBP, ensure the implementation of the procedure for complaints against project selection, as defined in the Annex 2, monitor progress made towards implementing the SBP, as referred to in Article 49 (1) of the CPR, approve the annual and final reports on the implementation of the SBP, be informed on the projects results implemented within the SBP, review financial management and the implementation of the SBP, approve/ suggest proposals for the reallocation of funds among the priority axes of the SBP, propose amendments to the SBP and be consulted in regard to the changes proposed by the MA, approve the Communication Plan for publicity and information measures of the SBP and monitor its implementation as well as provide recommendations for improving its implementation, be informed about the main publicity and information activities carried out within the SBP, be informed by the MA about the results, conclusions and recommendations from the evaluations carried out, be consulted on the institutional structure of the SBP. Furthermore, the Monitoring Committee shall be updated about the management processes between and within the SBP institutions, with reservation to constraints deriving from national law, approve the Evaluation Plan, adopt the Rules of Procedure of the MC, adopt amendments to the Rules of Procedure of the MC. 2. The work of the Monitoring Committee does not affect the responsibilities of the Managing Authority, Joint Secretariat, Contact Points and Member States in regard to the allocation, accounting, management and control of the use of funds within the SBP. Article 3 Appointment and structure of the Monitoring Committee 1. The MC is set up in compliance with the partnership principle as referred to in Article 5 of the CPR and the European Code of Conduct on Partnership. 2. The MC consists of representatives of the five Member States involved in the SBP and of the two Euroregions: Euroregion Baltic and Euroregion Pomerania, the Managing Authority, the Joint Secretariat, the European Commission and observers. 3. Each Member State (MS) shall appoint up to six members and among them the head of the MS delegation. Each MS has the right to appoint one deputy of each member. Heads of the MS delegations shall represent the following institutions:
Rules of Procedure for the Monitoring Committee of the South Baltic Programme 2014-2020 5 Ministry responsible for regional development of Poland, Danish Business Authority, Ministry of the Interior of the Republic of Lithuania, Ministry for Enterprise and Innovation of the Kingdom of Sweden, Ministry of Economics, Construction and Tourism Mecklenburg-Vorpommern. 4. The Euroregions shall appoint one joint head of the Euroregion delegation. The delegation of the Euroregions shall consist of no more than 2 members. 5. MC members and their deputies are individuals representing authorities and organisations as decided by each MS and the Euroregions. 6. Any appointment and any recall of a member/deputy of the MC shall be reported by the head of the MC delegation to the JS without delay. The head of the MC delegation shall provide the JS with the names and contact details of the appointed representative(s). 7. In compliance with Article 48(2) of the CPR the list of members of the MC and their deputies shall be published by the JS at the SBP website. 8. A deputy member shall take part in an MC meeting only if the member is not able to attend or in case the member chairs the MC meeting. 9. The heads of the MC delegations shall closely cooperate with the MC chairperson, the JS and the MA as regards issues related to the functioning of the MC. 10. Observers The following institutions shall nominate one observer and his/her deputy: The Audit Authority, the Ministry of Finance of Poland, the German Federal Ministry of Economics and Energy, Government of Kaliningrad Region. Ministry responsible for regional development of Poland, The following institutions shall nominate no more than two observers and their deputies: Contact Point in Denmark, Contact Point in Germany, Contact Point in Lithuania, Contact Point in Sweden, Contact Point in Poland. A deputy observer shall take part in an MC meeting only if the observer is not able to attend.
Rules of Procedure for the Monitoring Committee of the South Baltic Programme 2014-2020 6 11. According to Article 48 of the CPR, the European Commission (hereinafter referred to as the EC) shall participate in the work of the MC in an advisory capacity. 12. The MC chairperson may agree on the participation of an ad hoc expert in an MC meeting. Request for approval shall be submitted with justification to the MC chairperson at least 10 calendar days prior to the MC meeting. The MC chairperson informs the respective authority/head of the MC delegation about his/her decision at least 7 calendar days prior to the MC meeting. 13. The MA and the heads of the MC delegations shall ensure that the MC structure is in conformity with the equal opportunities policy. 14. MC participants shall be bound by the Rules of Procedure of the MC. 15. Exclusively representatives of the institutions mentioned in Article 3 point 3 shall act as the MC chairperson. Article 4 Chairmanship 1. MC chairmanship shall rotate on an annual basis among the MS participating in the SBP. The MC chairperson shall carry out his/her duties until the day the minutes of the last MC meeting/written procedure he/she chaired have been approved. MC chairmanship (co- chairmanship) is the following: 2015 Poland (Sweden) 2016 Sweden (Germany) 2017 Germany (Denmark) 2018 Denmark (Lithuania) 2019 Lithuania (Poland) 2020 Poland (Sweden) 2021 Sweden (Germany) 2022 Germany (Denmark) 2023 Denmark (Lithuania) 2024 Lithuania (Poland) 2. The MC chairperson shall have, above all, the following responsibilities and tasks: on the basis of an agreement with the heads of the MC delegations and the MA, he/she convenes an MC meeting and sets its date according to the progress of the implementation of the SBP, approves the draft agenda of an MC meeting, before it is sent out, chairs a MC meeting,
Rules of Procedure for the Monitoring Committee of the South Baltic Programme 2014-2020 7 together with the heads of the MC delegations and with support of the JS and the MA, as mentioned in Article 5, is responsible for the overall functioning of the MC. Article 5 Joint Secretariat 1. The JS shall assist the MC and the MC chairperson. 2. The JS shall perform all duties necessary for the proper work of the MC. In particular the JS shall: prepare (unless other institutions involved in the SBP are responsible for the task) and distribute electronically to all participants supporting documents needed to conduct discussions on the items on the agenda of the MC meeting, prepare (unless other institutions involved in the SBP are responsible for the task) and distribute electronically to all members of the MC supporting documents needed to conduct the written procedure (per rollam) on the items on the agenda of the MC, organize and carry out the preparation of the MC meetings and assist its activities, draft minutes of the MC meetings of the decisions taken by the MC, ensure that decisions of the MC have been executed, ensure, on request of the MC, sufficient publicity of the SBP and the MC work, provide for all technical and logistical arrangements of the MC work, assist any working group, appointed by the MC, update the list of the MC members and their deputies. confirm that conditions set out by the MC, concerning projects, have been met by beneficiaries, Article 6 Organisation of the Monitoring Committee meetings 1. The MC meetings, except for justified cases, shall be held within the eligible area of the SBP. 2. As a general rule, the MC meetings shall be held at least once a year. The MC chairperson may also convene a meeting in writing (electronically) at the request of one or more of the MC members or the MA. 3. The JS, on behalf of the MC chairperson, shall electronically send invitations to all participants at least 28 calendar days prior to the convened meeting. A draft agenda of the MC meeting shall be enclosed. 4. The JS shall distribute supporting documents at least 14 calendar days prior to the convened meeting, with reservation to item 5.
Rules of Procedure for the Monitoring Committee of the South Baltic Programme 2014-2020 8 5. The JS shall distribute application forms and assessment sheets of the projects to be discussed and voted on at least 28 calendar days prior to the convened meeting. 6. The MC members and representatives of the MA, the JS and the EC may raise any amendment to the agenda of a MC meeting. Requests concerning the amendment to the agenda shall be communicated to the MC chairperson at least 21 calendar days prior to the scheduled meeting. If no objections are raised in relation to the requested amendments, the JS on behalf of the MC chairperson shall declare the amendment adopted. The JS shall inform all the members of the MC about any amendments to the agenda at least 14 calendar days prior to the MC meeting. 7. The JS shall draft a list of decisions taken by the MC during the meeting. The list shall be published on the SBP website directly after the MC meeting. 8. The MC may appoint working groups consisting of the MC members, observers and other experts to give their opinions/provide their expertise with regard to a given item on the agenda. The Rules of Procedure of the MC shall apply to all members of the working groups appointed in such a way. 9. The MC meetings are not open to the public. 10. Documents disclosed to the MC participants or ad hoc experts, as referred to in Article 3 item 12, shall be used only for the purpose directly related to the works of the MC. If the documents are forwarded to any national subcommittee or national cooperation network, the head of the MC delegation shall point out to the respective addressee that aforementioned documents shall be used only for the purpose directly related to the works of the MC. 11. The MC meetings shall be recorded. Article 7 Project selection Concerning the selection of projects the following rules shall apply: a) the MC shall select projects for funding. Projects may be selected with conditions; b) the MC shall in particular make sure that the applications selected correspond to the SBP objectives and to the selection criteria; c) the MC may discuss the assessment results and the recommendations provided by the JS and propose changes to it if those changes are justified; d) the MC shall clearly set out the terms of selection/reasons for not selecting projects. They shall be communicated to the lead applicant by the JS; e) as a general rule, the MC shall select projects under conditions only if the conditions have been set out in writing beforehand as part of the assessment sheet, or if they can be clearly defined during the MC meeting or written procedure;
Rules of Procedure for the Monitoring Committee of the South Baltic Programme 2014-2020 9 Article 8 Decision making/voting 1. Each MC delegation has one vote. Each MC delegation is responsible for the internal decision making process. 2. In order to make decisions at meetings a quorum of five MC delegations is required. 3. Decisions shall be made by consensus. 4. Votes are cast in favour or opposed. If the standpoints of the MC delegations are not unanimous, the overall standpoint concerning the discussed issue is negative. Abstention from voting has no effect on the outcome of the vote. 5. In order to avoid any conflict of interest, each participant shall sign the Declaration of Impartiality and Confidentiality (Annex 1). An MC member shall refrain from voting on decisions concerning project applications if he/she has direct personal interest in the decision or the institution represented by the MC member has interest in the decision. In such cases the MC member shall be asked by the MC chairperson to abstain from the discussion. Article 9 Written Procedure (per rollam) Conducting the written procedure (per rollam) of the MC: 1. In justified cases the MC chairperson may, from his/her own initiative or on the basis of a request submitted by the head of an MC delegation or the MA, decide about making decisions by the written procedure (per rollam). The written procedure shall be applied only if there is justification of an urgent need for the MC to consider an item outside a regular meeting. 2. The JS shall commence the written procedure at the request of the MC chairperson. 3. Decisions shall be made by consensus. 4. Votes via the written procedure shall be cast within 14 calendar days after the commencement of the procedure. Lack of vote within the deadline shall be regarded as abstention. 5. The vote result shall be sent by the head of the delegation to the JS, preferably with CC to all the MC members. 6. The deadline may be shortened in justified cases. The decision to shorten the deadlines shall be consulted with the heads of the MC delegations. Article 10 Official Language
Rules of Procedure for the Monitoring Committee of the South Baltic Programme 2014-2020 10 Working and official language of the MC shall be English. Article 11 Expenses Any expenses related to preparation and organization of the MC meetings shall be covered from the Technical Assistance budget of the SBP. Participation of the MA, the JS, and the Contact Points staff in the MC meetings shall be covered from the Technical Assistance budget of the SBP. Article 12 Rules of Procedure Rules of Procedure enter into force on the day of adoption by the MC. Annexes: 1. Declarations of Impartiality and Confidentiality. 2. Complaint procedure.
Rules of Procedure for the Monitoring Committee of the South Baltic Programme 2014-2020 11 Annex 1 DECLARATION OF IMPARTIALITY AND CONFIDENTIALITY of the member/deputy member/observer/expert of the Monitoring Committee I, the undersigned, hereby declare that after my appointment as a member/deputy member/observer/expert of the Monitoring Committee of the INTERREG V-A Poland-Denmark-Germany-Lithuania-Sweden (South Baltic) Programme 2014-2020 (hereinafter referred to as SBP) I agree on the following statements.. I hereby declare that during the whole term of my appointment I will follow the rules of the SBP, the respective Programme Manual, the Rules of Procedure of this Monitoring Committee and its resolutions. Should any situations or circumstances occur which could in a justified way undermine my personal impartiality or independence, I will immediately cease to participate in the Monitoring Committee during the consideration of issues related to it and I will immediately inform about it the head of my delegation. I also declare that any documents disclosed to me in the course of activities carried out in the Monitoring Committee will be used only for the purpose directly related to my activities undertaken in this Committee. Furthermore, with regard to the Article 3 item 7 of this Rules of Procedure, I declare that I acknowledge that my personal data: name and surname, phone number and e-mail address, will be indicated in the list of the Monitoring Committee members and in this respect the afore-mentioned data will be processed in compliance with the Polish Act on personal data protection of 17 August 1997 (Journal for Laws 2014, item 1182, as amended)1. Status* Member Deputy Observer/expert Project Title ** Signature Date * Please, choose the appropriate status ** Please include title of the project in case you or your institution has been involved. 1 The Minister responsible for Regional Development, with its registered office at 2/4 Wspólna str., 00-926 Warsaw, Poland, is the personal data administrator for the member/deputy/observer/expert of the Monitoring Committee of The Interreg V-A Poland-Denmark-Germany- Lithuania-Sweden (South Baltic) Programme, within the meaning of the Polish Act on personal data protection of 17 August 1997 (Journal for Laws 2014, item 1182, as amended). The MC appointed representatives are entitled to gain the access to the entrusted personal data and to amend it. Entrusting of personal data is voluntary, however is a prerequisite for the representative to perform the functions of the MC member/deputy/observer/expert. The representative has the right to withdraw his/her consent to process of personal data. In such case the respective representative shall cease to perform his/her functions of the MC member/deputy/observer/expert.
Rules of Procedure for the Monitoring Committee of the South Baltic Programme 2014-2020 12 DECLARATION OF IMPARTIALITY AND CONFIDENTIALITY Assessment Team,.. call for proposals (from to.) I, the undersigned, < name of the assessor > have been nominated as member of the Interreg South Baltic Programme 2014 2020 (hereinafter referred as to the Programme) for the call for proposals assessment round. I hereby declare that during the whole term of my appointment I will follow the rules of the Programme described in the Interreg South Baltic Programme 2014-2020 approved by the European Commission on 23 September 2015, in the respective Programme Manual and in Application Form and its Guidelines. Carrying out my activities, I will take into consideration in particular the interests and needs of the South Baltic area. I declare that my assessment of applications is free from bias and is not influenced by any partial interest. In particular, I declare that: I am independent from the institutional structure of the Programme, I do not act as lead partner or as any of the project partners who have submitted an application to the Interreg South Baltic Programme 2014-2020 under the Specific Objective(s):, I am in no other way individually and/or financially involved (including acting as an expert or consultant subcontracted by the lead partner) in any of the project applications submitted in the.. Call under the Specific Objective(s):. I will remain impartial during the entire assessment process, I will maintain confidentiality on the received project-related information during and after the assessment. In particular, I declare that I will not communicate to any lead partner, project partner or any other person involved in the application any confidential information disclosed to me, or make public any recommendations for decisions until the assessment is completed, and the final decision on the project s approval is made by the members of the Monitoring Committee. Furthermore, the received information shall be used only for the purpose directly related to my activities as the assessor, I have familiarized myself with the information concerning the Programme available to date. I further declare that I shall execute my responsibilities honestly and fairly. Should one of the pre-mentioned circumstances occur during the procedure of quality assessment, I will immediately notify the Head of the Joint Secretariat (JS). I accept that the Head of the JS, after consultation with the Managing Authority, may exclude me from the assessment of the respective project application. I declare that should any other situations or circumstances occur which could in a justified way undermine my personal impartiality or independence, I will immediately cease to participate in the assessment of respective project application, during the consideration of issues related to it and I will immediately inform about it the Head of the JS.
Rules of Procedure for the Monitoring Committee of the South Baltic Programme 2014-2020 13 I accept furthermore that, if I have neglected to give the necessary statement as mentioned above, the Head of the JS, after consultation with the chairperson of the Monitoring Committee, and the Managing Authority, has the right to demand my resignation from the assessment team immediately. Finally, I am aware of the criminal liability for making false statements and I declare that all the information contained in this declaration is true and to the best to my knowledge. Signature Place and date
Rules of Procedure for the Monitoring Committee of the South Baltic Programme 2014-2020 14 Annex 2 Complaint procedure referred to in Article 74 (3) of the Regulation (EU) 1303/2013 for the Interreg V-A Poland-Denmark-Germany-Lithuania-Sweden (South Baltic) 2014-2020 Programme Article 1 1. The complaint can be lodged against the assessment and selection process of the project due to the failure. The failure means that the project assessment did not comply with the assessment criteria and/or the procedures laid down in the Programme Manual and the Application Pack. 2. The complaint can be lodged by the Lead Applicant of the project that has not been selected by the Monitoring Committee. Potential complaints from partners have to be passed through the Lead Applicant. The Lead Applicant is the legal representative of the project partnership according to the lead partner principle. Article 2 1. The signed complaint in a form of a scan document is submitted by the Lead Applicant via e-mail to the Joint Secretariat within 14 calendar days. The deadline is counted from the day following the date of receipt of the notification on the Monitoring Committee decision. 2. The complaint includes the following information: a. first name, last name and address of the Lead Applicant; b. number of the application form, the complaint refers to; c. clearly justified reasons of the complaint: failures that have happened during the assessment of the project and references to the Programme Manual and the Application Pack. d. signature of the Lead Applicant or of a person authorized to lodge a complaint. 3. The complaint is filled in English language on the template provided by the Programme. 4. The Joint Secretariat informs the Lead Applicant via e-mail on the receipt of the complaint. Article 3 1. The Joint Secretariat verifies if the complaint meets the requirements indicated in Article 2 within 4 working days after the day of the receipt of the complaint. 2. The complaint received by the Joint Secretariat after the deadline indicated in Article 2(1) is left unexamined which is notified to the Lead Applicant via e-mail in 2 working days. 3. If the complaint does not meet the requirements referred to in Article 2(2) or/and (3) it is sent back via e- mail from the Joint Secretariat to the Lead Applicant who is asked to eliminate the shortcomings within 7 calendar days. If the Lead Applicant does not eliminate the shortcomings the complaint is left unexamined. 4. The complaint submitted within the deadline referred to in Article 2(1) and meeting the requirements referred to in Article 1 and Article 2(2) and (3) is examined by the Joint Secretariat and the Managing Authority. If the complaint is against the assessment of the partner s eligibility, the Joint Secretariat and the
Rules of Procedure for the Monitoring Committee of the South Baltic Programme 2014-2020 15 Managing Authority are supported in the examination of the complaint by the respective Member State/Contact Point. If deemed necessary the Managing Authority may ask the chairperson of the Monitoring Committee for support in examining the complaint. 5. The examination is based on: a. information brought forward by the Lead Applicant, b. application form with the attachments, c. documents related to the assessment of the project, including checklists filled in during the verification, d. decision of the Monitoring Committee on the project selection and the minutes, e. any other documents relevant to the complaint. 6. The Joint Secretariat informs the chairperson of the Monitoring Committee about the receipt of all the complaints, including those ones left unexamined. Article 4 1. The examination of the complaint will only base on the information and documents listed in Article 3 (5). 2. New documents presented by the Lead Applicant along with the complaint, that have not been submitted for the project assessment, are left unexamined with an exception to the examination of the complaints against the partner s eligibility. Article 5 1. The deadline for the examination of the complaint is 10 working days after the day on which the Joint Secretariat received the complaint. 2. The deadline referred to in point 1 may be suspended if the Lead Applicant is asked by the Joint Secretariat to supplement the complaint or the opinion the Member State/Contact Point/the chairperson of the Monitoring Committee is necessary during the examination of the complaint. The Lead Applicant is informed by the Joint Secretariat on the suspension of the deadline within 2 working days. 3. The results of the complaint examination carried out by the Joint Secretariat and the Managing Authority are forwarded along with the justification to the chairperson of the Monitoring Committee. 4. The complaint considered to be justified requires a decision of the Monitoring Committee. The procedures of the Monitoring Committee shall apply accordingly. 5. The complaint considered not justified does not require a decision of the Monitoring Committee. The previously issued decision of the Monitoring Committee remains in force. 6. The Joint Secretariat informs the Lead Applicant in writing about the results of the examination of the complaint carried out by the Joint Secretariat and the Managing Authority within 2 working days. 7. The Joint Secretariat informs the Lead Applicant about the decision of the Monitoring Committee within 2 working days.
Rules of Procedure for the Monitoring Committee of the South Baltic Programme 2014-2020 16 8. The outcome of the complaint examination carried out by the Joint Secretariat and the Managing Authority and the decision of the Monitoring Committee are final, binding to all parties and not a subject of any further complaint proceedings within a Programme. 9. The complaint procedure is without prejudice to any mechanism or process for legal redress at national level, in particular with regard to unsuccessful applicants.