Publication: Magyar Közlöny
Issue: MK-2010-24 (Year: 2010, Number: 24)
Era: contemporary
Section: a közbeszerzésekrõl szóló 2003. évi CXXIX. törvény szabályozza az eljárásokat. A Norvég Finanszírozási
Paragraph Index: 294

5. § A Módosítási Megállapodás hiteles angol nyelvû szövege és annak hivatalos magyar nyelvû fordítása a következõ: „ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING ON THE IMPLEMENTATION OF THE EEA FINANCIAL MECHANISM 2004–2009 between The Republic of Iceland The Principality of Liechtenstein The Kingdom of Norway (the EFTA States) and The Government of the Republic of Hungary Article 1 Annex A to the Memorandum of Understanding (MoU) between the EFTA States and the Government of the Republic of Hungary, signed on 7 July 2005, shall be replaced by the text enclosed this Addendum (Appendix 1). Article 2 The nameof the focalpointdescribed under paragraphs5, 6 and 8 of Article 4 and paragraphs2 and 3 of Article 5 of the Memorandum of Understanding shall be modified to “National Development Agency”. All other terms and conditions of the Memorandum of Understanding and its annexes remain unchanged. Article 3 The amended Annex A and main text shall be incorporated into the said Memorandum of Understanding and published on the websites of the National Focal Point and the Financial Mechanism Office. Jóváhagyott kifizetési kérelmek benyújtása Projektek benyújtása Jelentés a végrehajtásról Végrehajtás nyomonkövetés Jelentés a pénzügyi folyamatokról Pénzügyi végrehajtás ellenĘrzése Közbeszerzés Pénzügyi teljesítés KifizetĘ Hatóság (Pénzügyminisztérium, NAO Iroda) Nemzeti Kapcsolattartó (Nemzeti Fejlesztési Ügynökség) VÁTI Regionális Fejlesztési és Urbanisztikai Nonprofit Kft. Finanszírozási Mechanizmus Iroda Projekt DöntĘbizottság Monitoring Bizottság Projektgazdák, közremĦködĘk ” Article 4 This addendum is drawn up in quadruplicate in the English language. The Republic of Hungary shall notify the other Parties, through diplomatic channels, on the completion of its internal procedures necessary for bringing this Addendum into force. This Addendum shall enter into force on the date of the said notification. For the Republic of Iceland For the Republic of Hungary For the Principality of Liechtenstein For the Kingdom of Norway Appendix 1 The Managerial Set-up for the Implementation of the EEA Financial Mechanism in the Republic of Hungary National Focal Point The Minister responsible for National Development and Economy and supervising the National Development Agency has, on behalfof the Beneficiary State, designated the National DevelopmentAgency (Nemzeti FejlesztésiÜgynökség) to carry out the tasks of the National Focal Point. A separate government regulation will be issued on the management of the EEA and the Norwegian Financial Mechanisms. The National Focal Point has the overall responsibility for the management of the EEA Financial Mechanism’s activities in Hungary as described in this Memorandum of Understanding (MoU) and in the Rules and Procedures for the EEA Financial Mechanism, which is adopted by the Financial Mechanism Committee, and their subsequent amendments, including the overall responsibility for the use of funds, financial control and audit. The responsibilities of the National Development Agency as the National Focal Point include but are not limited to the following: – callfor and collectproposals,and withits reasonedopinionof the proposedprojects,submitthem to the Financial Mechanism Office – ensure correctness of management and implementation of realised projects – manage the account on which payments from the National Authorising Officer’s Office are kept (except for Technical Assistance) until they are transferred to VATI – ensure regular reporting to the Financial Mechanism Office on the implementation of projects financed by the EEA Financial Mechanisms, as well as to immediately report any irregularities – chair the Monitoring Committee – draw up annual reports on implementation of projects financed by the EEA Financial Mechanism which are to be forwarded for approval to the Monitoring Committee and submitted to the Financial Mechanism Office – ensure efficiency, correctness and transparency of use of available funds – supervise the adherence to the rules governing the EEA Financial Mechanism – ensure that project promoters are fully committed and equipped to successfully implement projects – ensure a complete and sufficient audit path in all engaged institutions – provide information and publicity about available funds and ensure that the general public is informed about the projects implemented under the EEA Financial Mechanism – store all documents connected with projects realised within the EEA Financial Mechanism in its field of responsibility for 10 years after the completion of projects The role of the National Focal Point may be further elaborated in the Grant Agreements. Implementing body The National Focal Point will delegate the following tasks to VATI (Hungarian Public Nonprofit Company for Regional Development and Town Planning): – ensuring public procurement and contracting of funds under the EEA Financial Mechanism for the project promoters/intermediaries – checking the factual and formal correctness of requests for payment submitted by project promoters/intermediaries – managing the account on which payments from the National Focal Point are kept until they are transferred to the project promoters/intermediaries – managing the register of irregularities and its update as well as report irregularities to the National Focal Point – settling irregularities in its scope of function in accordance with the relevant regulations and instructions – preparing background documentation for the Annual Monitoring Reports – transferring payments to the project promoters/intermediaries as quickly as possible and within the specified deadlines – storing all documents related to projects realised within the EEA Financial Mechanism in its field of responsibility for 10 years after the completion of projects A written agreement between the National Focal Point and VATI shall regulate spheres of responsibility, tasks and duties as well as the procedures and co-operation between VATI and the project promoters/intermediaries. Paying Authority Paying Authority functions for the EEA FinancialMechanismare performed by the National Authorising Officer’s Office (NAO) within the Ministry of Finance. Disbursements from the FMO will be made to a designated bank account held by the Ministry of Finance. The tasks of the Paying Authority are in particular to: – manage the accounts on which grants from both Mechanisms are kept – certify, based on the verification of VATI, that the national co-financing allocated to projects is available – certify, based on the verification of VATI, that the national co-financing allocated to the project has been paid – certify to the FMO that expenditure declarations are made on the basis of reliable and verified documents – submit certified requests for disbursements to the FMO accompanied by the necessary documentary evidence demonstrating fulfilment of the conditions for each disbursement – report on financial flows to the National Focal Point – transfer payments to the National Focal Point and ensure that payments are made to the promoters/intermediaries as quickly as possible and within the specified deadlines – ensure reimbursement of unused or unduly paid funds to the EEA Financial Mechanism The Paying Authority will, through fact-finding missions and other means, certify that the systems and procedures of VATI regarding verification of payment claims from promoters/intermediaries and supporting documents are sufficient to ensure that funds from the EEA Financial Mechanism are being used efficiently and correctly and in accordance with the principles of sound financial management. The Paying Authority can also carry out fact-finding missions at the National Focal Point. Furthermore, the Paying Authority is responsible to the National Focal Point for developing, implementing and maintaining the procedures for financial management and control. Application procedure Subsequently to the signing of the present Memorandum of Understanding an open call for proposals will be launched by the National Development Agency. Projects will be evaluated on the basis of criteria set in advance in the call for proposals. Calls for proposals will be repeated as appropriate. A Project Selection Committee will select and recommend project proposals for submission to the FMO from the applications received through the open calls. The Project Selection Committee will be composed of representatives from: – The National Development Agency – The Ministry of Foreign Affairs – The Ministry of Finance – The Ministry for National Development and Economy (chairing the Hungarian EFTA Committee Working Group) The National Focal Point will, in close co-operation with the FMO, work out a methodology on how to involve representativesfrom NGOs, socialand economicpartners,and regionaland localgovernmentsin the Project Selection Committee. Public Procurement VATI will be responsible for the public procurement procedures. Act CXXIX of 2003 on public procurement regulates the procedures. All procurements related to the EEA Financial Mechanism will be executed according to this Act. Monitoring Committee (MC) The Monitoring Committee will assist the National Focal Point in the selection and management of projects. Its tasks and responsibilities are as follows: – monitor compliance with the Rules and Procedures – review and provide recommendation on the selection process – review overall progress and financial reports – recommend/adopt corrective actions, if necessary – approve the Annual Monitoring Report prepared by the National Focal Point The Monitoring Committee shall include representatives from: – the National Focal Point (chair) – relevant line ministries and/or governmental bodies – the NAO Office – social and economic partners – regional and local level government – NGOs The National Focal Point will appoint the members of the Monitoring Committee. The appointment of representatives of line ministries and/or governmental bodies will be made on the basis of proposals from the relevant ministries. The Financial Mechanism Office and, where appropriate, representatives of other institutions and organisations, will be invited to observe the meetings of the Committee. Auditing According to Hungarian legislation,the GovernmentControlOffice (GCO) carriesout continuousauditing of approved projects financed from EEA Financial Mechanism as well as spot checks. The GCO continuously ensures on the basis of risk analysis that the projects are audited to an adequate extent. The objective of the activities of the GCO is to ascertain that actions carried out are lawful, correct, economical and efficient. The Government Control Office is independent from the National Focal Point and VATI. Theaudit oftheGCOisseparatefromtheaudit oftheState Audit Officewhichhastherighttocarryout itsownaudits. The National Focal Point has, in accordancewith Article 6.2 of the Rules and Procedures, a duty to provide the Financial Mechanism Office with copies of any report that is made by the Government Control Office, the State Audit Office, or any other entity, about the projects or other activities related to the EEA Financial Mechanism. MÓDOSÍTÁSI MEGÁLLAPODÁS AZ EGT FINANSZÍROZÁSI MECHANIZMUS 2004–2009 KÖZÖTTI VÉGREHAJTÁSÁRÓL SZÓLÓ MEGÁLLAPODÁSHOZ az Izlandi Köztársaság Kormánya, a Liechtensteini Nagyhercegség Kormánya, a Norvég Királyság Kormánya („EFTA Tagállamok”) és a Magyar Köztársaság Kormánya között

Source: https://magyarkozlony.hu/hivatalos-lapok/6dea914bac04bf0705c59f4dc413792318ade321/dokumentumok/40141e87b59e7c47263dfdc2a190f2dd91e2da6a/letoltes