Publication: Magyar Közlöny
Issue: MK-2007-179 (Year: 2007, Number: 179)
Era: 2004-2010
Section: 217/1998. (XII. 30.) Korm. rendelet módosításáról
Paragraph Index: 92

5. Ro les and Res pon si bi li ti es The roles and responsibilities of the main actors are outlined below. Project Agreements will contain more detailed responsibilities and activities tailored to the individual case. 5.1 The National Coordination Unit The NCU is responsible for the overall Swiss–Hungarian Cooperation Programme orientation and for the identification, planning, implementation, financial management, controlling and evaluation of Projects, as well as for the use of funds under the Contribution in accordance with the Framework Agreement. This includes to: – Ensure the adoption of the necessary national legal documents on the implementation and monitoring of Projects; – Coordinate the Swiss Contribution with other contributions, with the National Strategic Reference Framework and with the operational programmes; 2007/179. szám – Ensure that the appropriate provisions are included in the National Budget in order to safeguard that claimants have the necessary funds; – Confirm that the co-financing part has been provided according to the Project Agreement; – Ensure that there is no double financing of any part of the Project by any other source of funds; – Ensure the organisation of calls for, the collection of and the appraisal of Project proposals; – Establish consultative screening committee(s), in which at least the NCU, selected line ministries, regions, the private sector, the civil society and the Swiss Embassy are represented; – Select project proposals to be submitted to Switzerland in consultation with screening committee(s); – Submit well documented Project financing requests to Switzerland resulting from approved Project outlines; – Supervise and steer the implementation of Projects in accordance with the Project Agreement and the Implementation Agreement by establishing adequate check and monitoring systems; – Check the invoices received from the Executing Agencies and verify the sufficiency of documentation; – Submit payment claims to the Paying Authority and certify their correctness and legality; – Ensure the efficient and correct use of available funds; – Verify in each Project if the value added tax (VAT) can be recovered by the Executing Agency and to inform the Swiss authorities accordingly in the form of a declaration by the applicant as part of the Project documentation; – Ensure the financial control, including complete and sufficient audit trails in all involved institutions; – Provide a yearly overall financial statement on all transfers of funds between Switzerland and the Paying Authority on one side and between the Paying Authority and all national involved bodies (e.g. NCU, Intermediate Body, Executing Agency) on the other side; – Submit yearly a summary with conclusions and recommendations of all audit reports of the financed Projects. The NCU presents in an annex all original conclusions and recommendations of the audit reports; – Ensure the discussion of audit results with the partners involved, including Switzerland, and the implementation of the decisions made based on the audit report; – Ensure regular reporting to Switzerland on the implementation of Projects financed by the Contribution, as well as to immediately report any irregularities; – Organise annual meetings at overall Swiss–Hungarian Cooperation Programme level in consultation with the Swiss Embassy and to present an annual report; – Be responsible for the reimbursement to Switzerland of unduly paid sums financed by the Contribution; – Ensure information and publicity about the Swiss–Hungarian Cooperation Programme; – Ensure storing of all relevant documents relating to Projects implemented within the Swiss–Hungarian Cooperation Programme for 10 years after the completion of Projects. The NCU can delegate part of the tasks and responsibilities mentioned above to one or more Intermediate Bodies. 5.2 Intermediate Body Intermediate Body means any legal or private entity which acts under the responsibility of the NCU or which carries out duties on behalf of the NCU with regard to Executing Agencies implementing Projects. The main tasks of the Intermediate Bodies are to: – Call for and collect Project proposals, review compliance with the requirements for Project proposals (Chapter 2) and assess the quality of applications submitted; – Submit Project proposals with appraisal reports to the NCU; – Implement tender processes or delegate this task to an Executing Agency. In case tendering is delegated, the Intermediate Body shall perform ex-ante control of the public procurement documents (before the announcement of the call for proposals, and before concluding the contract); – Supervise and steer the implementation of Projects in accordance with the Project Agreements and the Implementation Agreements, and carry out the necessary controls; – Check the invoices received from the Executing Agencies, verify the authenticity and correctness of documents submitted as well as the eligibility of costs on payment claims; – Certify invoices and submit certified invoices to the NCU or to the Paying Authority; – Report to the NCU on the progress of Project implementation; – Check for irregularities and report them to the NCU; – Ensure storing of all relevant documents related to Projects implemented within the Swiss–Hungarian Cooperation Programme for 10 years after the completion of Projects. 2007/179. szám 5.3 Executing Agency An Executing Agency is any public authority, any public or private corporation as well as any organization, recognized by the Parties and mandated to implement a specific Project financed under this Framework Agreement. Consequently, the Executing Agency is the contracting party for service and supply contracts in the framework of approved Projects. The Project Agreement shall contain the name of the Executing Agency. Its tasks and responsibilities shall be defined in the Implementation Agreement. 5.4 Paying Authority The Paying Authority is responsible for ensuring appropriate financial control over the use of the Swiss Contribution. It shall in particular: – Check the formal conformity of the payment claims; – Submit the respective reimbursement requests to Switzerland; – Keep accounts of all reimbursement requests made to Switzerland; – Report periodically to the NCU on financial flows. 5.5 Government Audit Office For the implementation of the Cooperation Programme between Switzerland and Hungary, the Government Audit Office is responsible for ensuring effective functioning of audit systems as well as frauds and irregularities prevention. The main task of the Government Audit Office are to: – Ensure an adequate auditing function; – Establish an annual system audit and control plan, which takes Swiss requirements into account; – Perform audits within the implementation structure of the Cooperation Programme between Switzerland and Hungary and report to Switzerland via the NCU; – Submit yearly a summary with conclusions and recommendations of all audit reports of the financed Projects. The Government Audit Office presents via the NCU in an annex all original conclusions and recommendations of the audit reports; – Provide competent Swiss authorities or mandatees acting on their behalf with its assistance; – Ensure storing of all reports from audits preformed by the Government Audit Office related to Projects implemented within the Swiss–Hungary Cooperation for ten yeas after the completion of Projects. The competent authorities with the full support of the Government of Hungary shall investigate alleged cases of fraud or irregularity. Proven cases of fraud shall be prosecuted according to existing regulations. 5.6 Audit Organisation If not otherwise specified in the Project Agreement, for each Project an audit organisation is appointed by the NCU or by the Intermediate Body. For Technical Assistance, Block Grants, the Project Preparation Facility and Scholarships different audit procedures may apply. The audit organisation has to be a public institution or a private company of recognised professional reputation which operates in line with international auditing standards. The audit organisation has to be mentioned in the Project Agreement. The scope of the audit will be defined in an annex to the Project Agreement. In case of external audit, the costs are eligible for reimbursement and must be included in the Project budget. Costs of internal audits are borne by the respective audit organisation. If not otherwise specified in the Project Agreement, the audit organisation shall carry out intermediary financial audit(s) for Projects lasting longer than two years and exceeding the amount of CHF 500’000 and a Final Financial Audit of the Projects according to international auditing standards. In doing so, it shall verify the correct use of funds, make recommendations to strengthen the control system and report any actual or alleged fraud or irregularity. These financial audit reports are transmitted to the NCU. The competent authorities with the full support of the Government of Hungary shall investigate alleged cases of fraud or irregularity. Proven cases of fraud shall be prosecuted accordingly to existing regulations. 5.7 Swiss Embassy The Swiss Embassy is the official representation of Switzerland. Referring to the implementation of the Swiss–Hungarian Cooperation Programme, its function is to: – Facilitate contacts; assure the liaison and the networking between partners; – Inform and give advice to partners on procedures and conditions of the Contribution; 2007/179. szám – Transmit official information and proposals to and from the Swiss authorities; – Organise, together with the NCU, missions of Swiss delegations; – Participate in meetings on the overall Swiss–Hungarian Cooperation Programme; – Provide information to the general public on the Swiss–Hungarian Cooperation Programme and the Contribution; – Participate in the Screening Committee as an observer. 5.8 Swiss Agency for Development and Cooperation (SDC) and State Secretariat for Economic Affairs (SECO) On the Swiss side, there are two competent authorities for the Swiss–Hungarian Cooperation Programme: SDC and SECO. Their main tasks are to: – Ensure the strategic and operational steering at the overall Swiss–Hungarian Cooperation Programme level; – Participate in the annual meetings organised by the NCU; – Engage in a regular dialogue with the NCU and the other partners involved on the identification and the implementation of Projects as well as on the progress of the overall Swiss–Hungarian Cooperation Programme; – Provide support for Project identification and preparation; – Decide on the financing of Projects submitted for funding; – Decide on overall Swiss–Hungarian Cooperation Programme issues; – Supervise the overall Swiss–Hungarian Cooperation Programme development through field visits and reviews; – Network with the national and international actors relevant to the implementation of the Swiss–Hungarian Cooperation Programme; – Administrate the Swiss–Hungarian Cooperation Programme on the Swiss side. Switzerland may delegate some of these tasks to the Swiss Embassy.

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