Publication: Magyar Közlöny
Issue: MK-2005-128 (Year: 2005, Number: 128)
Era: 2004-2010
Section: 1992. évi LXXIV. törvény módosításáról*
Paragraph Index: 125

2. The Parties agree to apply the highest degree of transparency and accountability in the implementation of the EEA Financial Mechanism, as well as objectives and principles of good governance, sustainable development and gender equality. Article 12 (Entry into Force) This MoU shall enter into force on the day after the date of the last signature. * * * The present Memorandum of Understanding is signed in four originals in the English language. Done in Brussels on 7 July 2005, For the Government of the Republic of Iceland For the Government of the Republic of Hungary For the Government of the Principality of Liechtenstein For the Government of the Kingdom of Norway 2005/128. szám Annex A THE MANAGERIAL SET-UP FOR THE IMPLEMENTATION OF THE EEA FINANCIAL MECHANISM IN THE REPUBLIC OF HUNGARY National Focal Point The Minister Without Portfolio responsible for EU Affairs and supervising the National Development Office has, on behalf of the Beneficiary State, designated the National Development Office (Nemzeti Fejlesztési Hivatal) 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 Office as the National Focal Point include, but are not limited to, the following: – call for and collect proposals, and, with its reasoned opinion of the proposed projects, submit them to the Financial Mechanism Office – ensure correctness of management and implementation of realised projects – 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. Central Finance and Contracts Unit (CFCU) The National Focal Point will delegate the following tasks to the CFCU: – 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 payments submitted by project promoters/intermediaries – managing the accounts on which payments from the National Authorising Officer’s Office are kept until they are transferred to the project promoters/intermediaries – managing the register of irregularities and its update as well as reporting 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 shall regulate spheres of responsibility, tasks and duties as well as the procedures and co-operation between the head of the CFCU and the project promoters/intermediaries. Paying Authority Paying Authority functions for the EEA Financial Mechanism are 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 CFCU, that the national co-financing allocated to projects is available – certify, based on the verification of the CFCU, 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 2005/128. szám evidence demonstrating fulfilment of the conditions for each disbursement – report on financial flows to the National Focal Point, – transfer payments to the CFCU 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 the CFCU 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. 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 Office. 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 Office – The Office for EU Affair – The Ministry of Foreign Affairs – The Ministry of Finance – The Ministry of Economy and Transport (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 representatives from NGOs, social and economic partners, and regional and local governments in the Project Selection Committee. Public Procurement The project department of the CFCU 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 Government Control Office (GCO) carries out continuous auditing 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 the CFCU. The audit of the GCO is separate from the audit of the State Audit Office which has the right to carry out its own audits. The National Focal Point has, in accordance with 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. 2005/128. szám 2005/128. szám Financial Mechanism Office National Focal Point (National Development Office) Project Selection Committee Monitoring Committee Central Finance and Contracting Unit Project Promoters / intermediaries Public procurement Financial implementation Monitoring of management Reporting on performance Submission of projects Paying Authority (Ministry of Finance, NAO Office) Submission of certified disbursement requests Check financial implementation Chart of the administrative set-up in Hungary Annex B THE PROGRAMMING FRAMEWORK REFERRED TO IN ARTICLE 7 OF THE MEMORANDUM OF UNDERSTANDING ON THE NORWEGIAN FINANCIAL MECHANISM Within the overall framework of the priorities mentioned in Article 6 of the MOU, particular attention shall be given to the Focus Areas indicated below. Priority area FOCUS AREAS Protection of the environment Promoting the involvement of NGOs in the field of environment protection (See also in Annex C) Environmental-awareness education (See also in Annex C) Promoting the use of renewable / alternative energy (e.g. geothermal energy and hydropower) Noise reduction / protection Promoting the introduction of clean production Sustainable development Encouraging organic agriculture; production and breeding of ancient Hungarian domestic plant and animal species Establishing and further developing of innovation centres Promoting sustainable economic development Conservation of European heritage Restoration of historical sites and buildings, based on utilisation plans Conservation of world heritage sites in Hungary Restoration of museums and establishment of collections for the introduction of certain fields of the European heritage Public transport development in connection with the conservation of European cultural heritage and environment protection. Human resource development, education Adult training, vocational education and training, life-long learning Strengthening the relationship between higher education, targeting the manpower needs of the private sector through education and training Scholarship programs (See also in Annex C) Ensuring the accessibility of primary schools and providing of after-school care (See also in Annex C) Increasing the competence and administrative capacity of central, regional and local authorities / municipalities, including the use of information technology Health care (See also in Annex C) Enhance preventative measures and health promotion activities Improve mental health care Fight against addictions Fight against AIDS, promote the treatment of HIV-positive patients Capacity building of health care related NGOs Children and youth (See also in Annex C) Integration of multiple disadvantaged youth – including Roma – and of children with special needs 2005/128. szám Priority area FOCUS AREAS Development and extension of the network of integrated local information and advisory centres for the youth Improvement of living conditions and promotion of social integration of children in state care Academic research Joint R&D programmes Research related to priority areas (See also in Annex C) Annex C SPECIFIC FORMS OF GRANT ASSISTANCE REFERRED TO IN ARTICLE 8 OF THE MEMORANDUM OF UNDERSTANDING According to Article 2.2.3 of the Rules and Procedures, specific forms of grant assistance (block grants and seed money facilities) may be established in addition to individual projects and programmes. Initially, the following specific forms for grant assistance will be developed for final approval according to the application procedures of the Rules and Procedures:

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