7.1 introduction
The experience gained in the implementation of the programme URBAN I was exploited at the time of that of URBAN II.
The efforts of improvement of quality and of the effectiveness of the Community projects, in addition to the question of the absorption of the resources, were stepped up. The Greek government and the Commission agreed on a significant number of measures aiming to modernise and improve the effectiveness, so much as regards the implementation of the projects and of the operations, than of the operational programme management of the CSF and the initiatives.
For the next URBAN II, the challenge consists in preserving and in strengthening the asset, in particular with regard to the reliability of management, but also:
The interventions of URBAN II at institutional, organisational and functional level will insert themselves harmoniously within the new framework which concerns management, control, the monitoring and the evaluation of the interventions of the programmes, in accordance with new regulation 1260/1999.
The fundamental characteristics of the new system which will enter into force are described below.
7.2 management
7.2.1 management authority
The authority of management of the operational programme is the special service of the Department of the Environment, of Regional planning and of the public Works . It depends directly on the Secretary-General, who represents it before the Commission and the State, and will be competent to manage all the programmes involving the Community initiative URBAN II This management authority is responsible for application, of effectiveness and of the regularity of management and of the implementation of the operational programme concerned.
The constitution, the fixing of the jurisdiction and the operating mode of the management authority are determined by Article 34 of Regulation (EC) n° 1260/1999 and by Articles 4 and 20 of the law n° 2680/2000 (Official Journal of the Hellenic Republic, series 251, first volume, of 14 November 2000) concerning management, to the follow-up and to the control of the Community Support Framework. For this purpose, the following measures had or will have to be taken:
1. creation of an economic and statistical reliable data gathering mechanism in relation to the implementation, the follow-up indicators and the evaluation. Introduction of this data into the integrated computer system (SII) of the ministry of the national Economy and transmission, by electronic means, to the European Commission (regulation 1260/1999, Article 34, paragraph 1 has ). In this framework, the management authority:
1.1. day before with it that the final recipients hold a file of project or of sub-project comprising the necessary data and the documents in proof, for a three-year period following the last payment of the Commission;
1.2. day before with it that himself and the final recipient hold a project or sub-project file to the identical contents;
1.3. holds detailed follow-up data in the SII and draws up monthly bulletins of expenditure and of the follow-up ends-of-term report;
1.4. control the reliability of the data declared by means of standardised controls that the SII and itself carry out;
1.5. day before with it that the final recipients respect their obligations in relation to the submission of the information included in the monthly and quarterly bulletins of the SII affecting the financing of the projects by the budget of the State;
1.6. send to the European Commission all the standardised files (flat files) planned for the electronic interconnection. These files are produced by the SII.
2. drafting and proposal for an adaptation of the programming complement in accordance with Article 18(3), of regulation 1260/99 and to the requirements arising from the implementation of the SII (Article 34(1), b), and (3), from regulation 1260/99).
3. implementation of the programming complement (Article 34, paragraphs 1, b), and 3).
In this framework, the management authority:
3.1. implements the measurements of the operational programme by selecting the projects in accordance with the procedure envisaged;
3.2. the monitoring of the implementation of the projects carries out and carries out controls of first degree.
4. drafting and tender, in the EC Commission and in the national Ministry for Economic Affairs, of the annual implementation reports and of the final report after approval of the monitoring committee of the operational programme (Article 34(1), c), of Regulation (EC) 1260/1999).
In this framework, the management authority:
4.1. write the annual reports as well as the final implementation report from SII data and from the national Ministry for Economic Affairs;
4.2. submits for approval by the monitoring committee the annual reports and the final implementation report;
4.3. submits the above-mentioned reports to the national Ministry for Economic Affairs and to the EC Commission (including the exchange of computer data).
5. preparation and organisation of the halfway evaluation (Article 34(1), d), and Article 42 of Regulation (EC) 1260/1999).
In this framework, the management authority:
5.1. collaborate with the national Ministry for Economic Affairs, the monitoring committee and the EC Commission for the organisation of the halfway evaluation by also exploiting the data provided by the SII (result and incidence indicators). The management authority collaborates with the national Commission and the authorities within the framework of the a posteriori evaluation, in accordance with Article 43 of Regulation 1260/1999;
5.2. day before to exploit the conclusions of the halfway evaluation.
6. use, either of a separate software system, or of suitable accounting coding of all the transactions referring to the operational programme. Within this framework, the management authority ensures that:
6.1. the final recipients who are obliged, under the terms of Greek legislation, to hold uniform accountancy are required to create a special accounting register for the part-financed project.
6.2. as regards the final recipients who are not obliged to hold accountancy, the management authority will provide them, as from the approval of the project, accounting coding that they will be required to respect.
7. measure of internal control introduction aiming to ensure correct financial management and adoption of measures covering necessary adaptations or possible corrections.
8. guarantee of the regularity and of the compatibility, with the national and Community policies, of the acts financed by the operational programme (Article 12 and Article 35(1), f).
9. adoption of any necessary measure in order to guarantee the compatibility of the interventions with national and Community law, since this involves a condition necessary to benefit from the aid from the Structural Funds.
10. the management authority draws the attention of the recipients and of the final recipients to the obligations which arise from national and Community law. With regard, in particular, to Community law:
i) public Contracts: the management authority guarantees the respect of the conditions and of the general principles of the EC treaty as well as of the directives on the award of public contracts. The calls for tender which are the subject or will make of an aid from the Structural Funds and are published in the Official Journal of the EC mention this competition.
ii) Environment : the management authority guarantees the conformity of the interventions with the Community rules on environment, and in particular with Directive 76/464/EEC on the pollution of the marine middle by certain harmful substances, the directive on nitrogenous salts, Directive 96/61/EC (IPPC) as well as Directive 85/337/EEC, amended by Directive 97/11/EC on the evaluation of the environmental impact.
A special importance has to be attached:
With regard to the application of Directives 79/409/EEC volatile ("") and 93/43/EEC ("habitats"), and in particular of the projects which could affect importantly areas likely to be incorporated into the 2000 NATURA network, since the list of these areas has already been communicated to the Commission, the national authorities commit themselves not to permit the deterioration of the state of the aforesaid areas within the framework of the implementation of the interventions of the Structural Funds. Moreover, the management authorities inform the Commission of the measures taken in order to avoid the deterioration of the state of the areas protected at the time of integration and of the implementation of the projects concerned.
iii) State Aid (subject to Article 51(1), of Regulation (EC) 1257/99). this aid will have to be registered at the level of the measures.
The authority of management of the operational programme indicates necessary information under the terms of the regulations (title of the arrangement, communication number, number of the approval decision, date of expiry of the application of approval).
The authority of management of the operational programme has also to supplement and update the corresponding tables. Moreover, at the time of the deposit of the programming complement, the Commission is informed of the possible modifications and of any later modification.
The introduction of a new aid scheme involves the amendment of the decision concerning the intervention.
When the operational programme comprises State aid which was not communicated to the Commission or which were not approved by it, it is approved on the condition of containing a clause of suspension of the measure.
The authority of management of the operational programme sets up the appropriate mechanisms in order to enforce the rules at national, regional, local levels and Community, including the "De-minimis"- rule and the State aid covered under the exception regulations which, meanwhile, are approved.
The procedures of granting of the State aid have to be, as far as possible, simple, transparent and easy to apply by the final recipients.
iv) Equal opportunities between men and women : It has to be taking into account in a real and integrated way at the time of the implementation of the interventions part-financed by the Structural Funds.
Any action undertaken on this subject will have to be in conformity with the obligations arising from national and Community legislation on the matter. The objectives which promote equal opportunities between men and women will have to be defined at the time of a later phase.
11. respect of the obligations relating to information and to publicity.
In this framework, the management authority:
11.1. collaborate with the national Ministry for Economic Affairs, the monitoring committee and the EC Commission in order to specify and coordinate the publicity actions of the operational programme;
11.2. makes sure of the correct respect of the final recipients'' obligations as regards information and publicity of the projects that they implement;
11.3. provide the functions of secretariat of the meetings of the monitoring committee of the operational programme, subject to its internal regulation;
11.4. milking and proposes, in collaboration with the Commission, the indicators which will be used for the distribution of the performance reserve, in accordance with Article 44;
11.5. the annual management meeting with the Commission organises and ensures the monitoring of the application of its recommendations and justified comments (Article 34(2)) .
Some of the competences of the management authority can be conferred, by a written agreement, on other administrative services. In all the cases, the authority of management of the operational programme remains responsible vis-a-vis the Commission.
The method of assignment of the personnel of the management authority is described in Article 7(2), of the law n° 2680/2000.
organisation of the authority of management of the OP
| Secretary-General of the Department of the Environment, of regional planning and of the public works | ||
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| director of the management authority | ||
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UNITY unit With
programming of the OP - evaluation |
unit B management follow-up - Local office 1 - Local office 2 |
unit C controls |
unit d
SUPPORT |
The authority of management of the operational programme will employ approximately 15 people, including two local offices responsible for the monitoring of the programmes apart from its seat and the scientific and auxiliary personnel. Its competences are distributed between its various units in the following way:
Unit A: Programming of the OP - Evaluation
The special service which will be made up will depend directly on the Secretary-General of the Department of the Environment, on Regional planning and on the public Works. It is separate of all the other ministry services.
7.3 unit of management engineering S.A.
The implementation and management engineering of the Community initiatives are supported by the unit of management engineering S.A. (in Greek, MOD AE). The assistance that it provides is described to Article 18 of the law n° 2680/2000.
7.4. follow-up
In order to ensure the monitoring of the programme, a monitoring committee is made up under the terms of Article 35 of Regulation (EC) 1260/99.
7.4.1 monitoring committee of the operational programme
The monitoring of the OP changing of the responsibility for the monitoring committee of the OP, which is made up within three months as from the decision of approval of the OP by the Commission. The monitoring committee functions within the framework of the Greek legal order. Its mission and its jurisdiction are fixed by Article 15 of the law n° 2680/2000, while its composition and its organisation are so by Article 16 of the same law.
The monitoring committee is chaired by the Secretary-General of the national Ministry for Economic Affairs.
Members of the monitoring committee of the OP are:
Moreover, experts in financial, technical, social, scientific questions and others can be invited to the meetings of the monitoring committee.
In its composition, the monitoring committee respects, as far as possible, parity between men and women.
The monitoring committee:
1. its internal regulation in agreement with the authority of management of the OP stops;
2. the programming complement confirms or adapts, in accordance with Article 15 of Regulation (EC) 1260/99, including the physical and financial indicators which will be used for its follow-up. He also approves any later modification of the programming complement;
3. examine and approves, within six months following the approval of the programme, the selection criteria of the acts financed under the terms of each measure;
4. the development and the progress noted in the carrying out of the concrete objectives of the programme evaluate regularly;
5. examine the results of the implementation, and in particular the carrying out of the aims set for each measure, as well as the evaluation halfway provided for in Article 42 of Regulation (EC) 1260/1999;
6. examine and approves the annual report and the final implementation report before being sent their to the Commission;
7. any draft amendment of the contents of the Commission Decision in relation to the participation of the funds examines and approves, subject to the competences of the monitoring committee of the CSF and of the Commission;
8. any amendment of the programme likely to contribute to the carrying out of the objectives of the OP or to improve the management of the intervention proposes to the management authority, including financial management. Any adaptation of the programme is carried out in accordance with Article 34(3), of Regulation 1260/1999.
The authority of management of the OP provides services of secretariat the monitoring committee.
In order to provide its functions, the monitoring committee of the OP has the right to be informed on all the interventions of the OP concerned. It thus has the right to reach, on request from him, all the documents on the selection of the projects or of the operations and their implementation, in the respect of the national provisions on confidentiality (e.g., State aid).
7.5. financing - payment Authority
In order to ensure effectiveness and the transparency of financial flows, a special service of the payments within the national Ministry for Economic Affairs, at the CSF level and for all the operational CSF programmes, the Community initiatives and all the Structural Funds is created.
The constitution of the payment authority is provided for in Article 10 of the law n° 2680/2000 and its jurisdiction are described in Article 8 of the same law.
In accordance with Articles 9 and 32 of Regulation (EC) 1260/1999 and in Article 10 of the law 2680/2000, payment authority:
1. is responsible for the treatment and for the tender of the payment requests in the European Commission (the tender takes place by electronic means via the SII), by operational programme and by Structural Fund, in accordance with Article 32(3), of Regulation (EC) 1260/1999. It is also responsible for the receipt of the appropriations of the Commission;
2. it ensures the payment of the Community and national participation in the final recipients (and, in the case of State aid, also to the final recipients) via the budget of public investments, and as soon as possible and without carrying out withholdings;
3. submits the statement certified to the Commission (the tender takes place by electronic means via the SII), by operational programme and by Structural Fund, in accordance with Article 32(4), of Regulation (EC) 1260/1999;
4. submits the future forecasts of demands of payment in the European Commission, in accordance with Article 32(7), of Regulation (EC) 1260/1999;
5. determine, in collaboration with the authority of the CSK''s management, the operation rules of the SII for the data processing that the payment authority uses, control, certifies and approves in the performance of its duties. It takes care of the correct operation of the accounting systems at the level of the management authorities after decision of the committee of the CSF control. Each OP management authority names a person responsible instructed to manage this information and to collaborate with the payment authority. It is assisted by an "assistance office" (helpdesk);
6. the external control of the management authorities and of the final recipients carries out, as paragraph 5.5.2. envisages it (control of second degree);
7. proceed to the suspension of the payments in the event of founded suspicion of irregularity, by informing the third level of control (the special service of the ministry of Finance), the competent management authority, the SII, the final recipient and the final recipient simultaneously;
8. in the event of irregularity, it cancels the payments concerned after having heard the interested parties. The decisions of the payment authority, which will have to be justified and to be in conformity with the principle of proportionality, can be the subject of administrative and/or legal recourse;
9. is responsible for supervision and for the coordination of financial flows and for the management of the accounts on which the appropriations of the Structural Funds are poured.
7.5.1 financial flows
In order to ensure the complete transparency of the CSF financial flows, in the direction where the granting of the national and Community participation in the final recipient will have to be the subject of a follow-up under each OP, the financial procedure will be as follows:
i) the payment authority is the exclusive manager of the individual accounts that the ministry of Finance will open within the Greece Bank, namely four accounts for the CSF and the Community initiatives (an account for each Structural Fund: ERDF, ESF, EAGGF and FIFG), and an account for the cohesion fund.
Each account are subdivided in subsidiary accounts by operational programme.
The Commission departments pour the Community funds on the accounts directly, by Structural Fund and by operational programme. The management authorities are informed of it.
ii) On order of the payment authority, the Community funds are allocated on the section of the budget revenues of the State, programme of public investments. The forecasts of transfers of appropriations (Community and national) to the final recipients are registered in the section of expenditure. In the event of private participation, it appears in the subsystems of the SII corresponding to the CSF, to the Community initiatives and to the cohesion fund.
The anticipated payments of the Community resources and the corresponding national participation are used to finance the final recipients.
The budget of the State contains data revealing clear the intervention, the final recipient and the amount of the financial assistance, in particular:
iii) the payment authority takes care to pay the annual appropriations (Community and national) to the final recipients, in accordance with the procedure of implementation of the budget of the State, public investment plan, and according to the rhythms of implementation of the projects as certified by the management authority.
The payment is carried out to the final recipients without deduction, withholding or specific later charge which would reduce these amounts (Article 32(1), of regulation 1260/1999).
i) the financing approval decision is communicated to the final recipient.
It has to inform the authority of management of the operational payment carried out by means of a monthly bulletin as well as development programme of the physical and financial object by means of a follow-up end-of-term report.
After having been approved and having been certified by the management authority of each operational programme, this information is filed in the SII.
ii) the payment authority submits asks the Commission after having:
The data on the expenditure carried out via accounts managed by other financial organisations is recorded in the SII.
7.5.2. controls
In accordance with Article 38(1), of Regulation (EC) 1260/99, the Member State assumes in the first resort the responsibility for the CSF financial control and for the Community initiatives.
To this end, it works in close cooperation with the Commission so as to ensure regular and effective use of the Community funds, in accordance with the principles of the sound financial management.
Control is carried out at three levels:
The control of first degree is of internal nature and is led by the authorities of operational programme management, in accordance with Article 34 of the same Regulation and to Article 6 of the law n° 2680/2000.
It includes the control of all the projects from the physical, financial and accounting point of view, so much on the place of their implementation than in the seat of the organisms which hold the original technical dossiers and the documents in proof of expenditure.
The management authority is also responsible for the reasons and for the answers given to the comments and to the requests for adoption of corrective measures of the Commission, in accordance with Article 38(4), subparagraph a), of Regulation (EC) 1260/99, or in accordance with the adaptation recommendations made under the terms of Article 34(2), of the same Regulation.
The control of second degree consists of external management control exercised by the payment authority, in accordance with Article 9 of the law n° 2680/2000.
This control includes the analysis and the evaluation of the control system of first degree and intervenes, if necessary, in the decisions taken by the management bodies. It also includes the final recipients'' control.
The control of third degree covers the overall coordination of the control systems and specific inspections. It is exerted by a special subcommittee of financial control, in accordance with Article 17 of the law n° 2680/2000.
At the time of the implementation of specific controls, it can be made call, on all the levels, on external services of inspectors or of private control companies.
The Commission can ask the Member State to carry out control on the spot to make sure of the legality of one or of several acts. Officials or Commission representatives can take part in these controls.
7.5.3 evaluation
In accordance with Article 40(5), of Regulation (EC) 1260/99, the methods of the evaluation are specified within the supporting Community framework and within the interventions, as well as in Articles 41 to 44 of the regulation.
The competent authorities of the Member State and, more particularly, the management authorities and the Commission, obtain the suitable means and collect information to ensure the effectiveness of the evaluation. Within this framework, the quality of the quantification of the objectives and the systematic collection and in good time of the data concerning the indicators take on a special importance.
The ex-ante evaluation (Articles 41 and 26 of Regulation (EC) 1260/99) are submitted with the programme.
The halfway evaluation is carried out at the level of the operational programmes which are implemented within the framework of the Community initiative URBAN. It aims primarily to bring to the programmes, half-way of their implementation, the possible necessary adaptations and to provide background information of the output of the interventions.
The halfway evaluation is carried out under the responsibility of the authority of management of the OP in collaboration with the national Ministry for Economic Affairs and the EC Commission, within the framework of the partnership.
The a posteriori evaluation concerns the interventions and falls within the responsibility for the EC Commission, in collaboration with the Member State and the management authority. It aims to analyse the use of the resources, effectiveness and the output of the interventions, as well as their impact, their usefulness and their duration.
3rd annex
table of actions financed by state aid
| Number of the measure | Title of the State aid | Reference of the State aid | Statement | Duration of aid |
| 2.1 | Support for the strengthening of the small enterprises | De minimis Rule (regulation 68/2001 du12 January 2001 pursuant to Articles 87 and 88 of the EC treaty on education; regulation 69/2001 of 12 January 20001 pursuant to Articles 87 and 88 of the EC treaty on the aid "of minor importance" (OJ L 10 of 13.01.2001, p. 30); regulation 70/2001 of 12 January 2001 pursuant to Articles 87 and 88 of the EC treaty on the State aid for the SMEs (OJ L 10 of 13.01.2001, p. 33). | For this measure, State aid will be granted under the terms of the regulation on the exemptions, which was adopted by the Commission pursuant to Council Regulation (EC) n° 994/98, of 7 May 1998, on the application of Articles 92 and 93 of the treaty establishing the European Community with certain categories of horizontal State aid (OJ L 142 of the 14.05.1998). | 2001 -2006 |
