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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 11, 2018 No. 554

About introduction of national management system and control over the implementation of joint operational Cross-Border Cooperation Programmes of the European tool of the neighbourhood 2014-2020

(as amended on 07-07-2021)

For the purpose of accomplishment of obligations of Ukraine which follow from provisions of agreements on financing of joint operational Cross-Border Cooperation Programmes of the European tool of the neighbourhood 2014-2020, and determination of the mechanism of their accomplishment the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for functioning of national management system and control over the implementation of joint operational Cross-Border Cooperation Programmes of the European tool of the neighbourhood 2014-2020, which is applied.

2. Make changes which are applied to resolutions of the Cabinet of Ministers of Ukraine.

3. Authorize to perform functions:

National authority of management of joint operational Cross-Border Cooperation Programmes of the European tool of the neighbourhood 2014-2020 - the Secretariat of the Cabinet of Ministers of Ukraine;

National control and contact Item of joint operational Cross-Border Cooperation Programmes of the European tool of the neighbourhood 2014-2020 - the Ministry of Finance, including by involvement of the Public auditing service to check of legality and legitimacy of expenses of the main partners and/or partners (residents) in projects and accomplishment of separate tasks by Body of public supervision of auditor activities (in coordination) and Auditor chamber (in coordination);

the representative of Ukraine in Group of auditors of joint operational Cross-Border Cooperation Programmes of the European tool of the neighbourhood 2014-2020 - Audit Chamber (in coordination).

4. To provide to the secretariat of the Cabinet of Ministers of Ukraine, the Ministry of Finance, the Public auditing service from the date of entry into force of this resolution functioning of structural divisions, actionees of joint operational Cross-Border Cooperation Programmes of the European tool of the neighbourhood 2014-2020 in a month.

Prime Minister of Ukraine
V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 11, 2018 , No. 554

Procedure for functioning of national management system and control over the implementation of joint operational Cross-Border Cooperation Programmes of the European tool of the neighbourhood 2014-2020

1. This Procedure determines the procedure of functioning of national management system and control over the implementation of joint operational Cross-Border Cooperation Programmes of the European tool of the neighbourhood 2014-2020 (further - joint operational Cross-Border Cooperation Programmes), distribution of functions and obligations between state bodies for execution of such programs, considering provisions of the Agreement on financing of the joint operational program of boundary cooperation "Ukraine - Poland - Belarus 2014-2020", Agreements on financing of the joint operational program of boundary cooperation "Ukraine - Hungary - Slovakia - Romania 2014-2020", Agreements on financing of the joint operational program of boundary cooperation "Ukraine - Romania 2014-2020" and Agreements on financing of the joint operational program of boundary cooperation "The basin of the Black Sea of 2014-2020".

2. Terms which are used in this Procedure have such value:

advance payment - part of grant which is transfered to account the main partner and/or the partner (partners) for project implementation of joint operational Cross-Border Cooperation Programmes according to the conditions determined by the grant contract;

the applicant - the legal entity (the resident or the nonresident) who submits the project proposal on tender;

The auditor body is body of the EU member state which is responsible for carrying out audit of management systems and control within accomplishment of joint operational Cross-Border Cooperation Programmes, provides carrying out financial audits of projects and the annual reporting under these programs;

the main partner (during state registration of the project - the contractor, in case of the conclusion of the grant contract - the beneficiary) - the legal entity (the resident or the nonresident) who is receiver of grant signs the grant contract, the partnership agreement and also target use of means bears responsibility for project implementation in general;

grant (grants) - means of the European Union which are provided on non-paid and irretrievable basis to the main partner and/or the partner (partners) for project implementation within the joint operational program of boundary cooperation;

the grant contract - the contract signed between the main partner and Governing body of the program for the purpose of project implementation;

The group of auditors is group which includes authorized representatives of each member country of joint operational Cross-Border Cooperation Programmes and is headed by the representative of Auditor body;

Implementation Regulations - Implementation Regulations of the European Commission of August 18, 2014 No. 897/2014;

final payment - part of grant which is transfered to account the main partner and/or the partner (partners) after project implementation completion;

local executive bodies of Ukraine within action of joint operational Cross-Border Cooperation Programmes - regional public administrations of Ukraine in the territory of which joint operational Cross-Border Cooperation Programmes are effective;

The national control and contact Item - the central executive body of Ukraine which coordinates work on accomplishment of the functions connected with the organization of conducting check of the expenses incurred by the main partners and/or partners (residents) within projects implementation in the territory of Ukraine according to agreements on financing of joint operational Cross-Border Cooperation Programmes and provides interaction with Gosauditsluzhboy, Body of public supervision of auditor activities, the Auditor chamber, Governing body of joint operational Cross-Border Cooperation Programmes and other bodies determined in this Procedure, for the purpose of accomplishment of the functions assigned to it;

National contact Item - the central executive body which performs functions of National contact Item on the organization of interaction with the European management concerning prevention of abuses and fraud (OLAF) and the European Court of Auditors (ECA) concerning accomplishment of the Section VI “Financial cooperation and provisions concerning fight against fraud” Agreements on association between Ukraine, on the one hand, and the European Union, European Atomic Energy Community and their state members, on the other hand, and appendices to it;

National authority of management - permanent body of Ukraine which is responsible for coordination and accomplishment of joint operational Cross-Border Cooperation Programmes at the national level, and also for creation and effective functioning of national management system and control over the implementation of joint operational Cross-Border Cooperation Programmes;

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