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Co-ordinating Committee for NCS and NDS

Co-ordinating Committee for National Strategic Reference Framework and National Development Strategy (NDS) has been established on 11th April 2007. To its duties belong among the others controlling and supervising implementation of National Cohesion Strategy, and specific operational programmes as well.

Chairman of the Committee is Minister of Regional Development. Representatives of central administration, representatives of territorial self-government and social and economic partners participate in the work of the Committee. Also experts and representatives of other institutions, social and professional groups may take part in Committee meetings; however, they are only observers – have no right to vote, which means that they do not issue resolutions together with remaining members of the Committee. Meetings of the Co-ordinating Committee should be organised at least twice a year.

Tasks

Tasks of the Committee comprise:

• monitoring implementation of National Cohesion Strategy for 2007-2013 and specific programmes, on basis of reports and monitoring reports,
• monitoring the consistency of implemented policies in the scope of competition policy, Common Agricultural Policy and Common Fisheries Policy with Cohesion Policy and other development policies,
• presenting conclusions and recommendations arising from annual information concerning the compliance of actions performed within the framework of programmes with relevant Community policies,
• formulating opinions and recommendations on the topic of progress in implementing horizontal policies in order to ensure consistent conducting development policy,
• ensuring compliance of programmes with National Development Strategy for 2007-2015,
  • monitoring the level of expenditure spent within implementation of Cohesion Policy and serving to implement the Lisbon Strategy,
• issuing opinions on proposals of adjustments to implementation system for National Cohesion Strategy for 2007-2013 and its improvements, resulting from analyses, reports and information,
• issuing opinions on corrective measures in relation to programme implementation problems,
• issuing opinions on proposals of re-allocating funds between programmes,
• issuing opinions on reports from programmes’ implementation for needs of allocating financial means from national performance reserve,
• issuing opinions on compliance of actions performed within the framework of national programmes with actions performed within the framework of regional programmes,
• monitoring cohesion of activities conducted within programmes from objective Convergence with activities conducted within programmes from objective European Territorial Co-operation,
• monitoring the cohesion of activities conducted within programmes from objective Convergence and objective European Territorial Co-operation with other structural activities,
• monitoring the cohesion of activities conducted within programmes from objective Convergence and objective European Territorial Co-operation with activities conducted thanks to financial means from European Economic Area Financial Mechanism and Norwegian Financial Mechanism,
• ensuring correct functioning of management and control systems for specific programmes,
• monitoring the application of equal chances rule and rule of sustainable development within programmes.

The Committee may also perform other tasks necessary for appropriate implementation of National Cohesion Strategy for 2007-2013 and National Development Strategy for 2007-2015 – after defining them by the Minister competent for regional development.

Monitoring Committee

Monitoring Committee for Operational Programme Infrastructure and Environment for 2007-2013 has been established by virtue of Ordinance of Minister of Regional Development No. 28 of 28 December 2007.

Representatives of governmental and self-governmental institutions and representatives of employees’ and employers’ organizations, non-governmental organizations and academic environment participate in the meetings of the Committee with rights of members. Moreover, also  observers representing, inter alia: Managing Authorities for regional operational programmes (voivodeship governments), Implementing Authorities for Operational Programme Infrastructure and Environment, voivodes, self-governmental organizations, social and economic partners take part in the Committee’s meetings.

Legal basis for establishing the Monitoring Committee and its scope of duties are regulated by:

• provisions of Council Regulation (EC) No. 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999,
• provisions of the Act of 6 December 2006 on the rules of development policy implementation,
• National Strategic Reference Framework for years 2007-2013 accepted by the Council of Ministers on 29 November 2006 and approved by Commission Decision of 7 May 2007.

Contact
Secretariat of the Monitoring Committee for Operational Programme Infrastructure and Environment
Ministry of Regional Development
Department for Coordination of Infrastructural Programmes
Wspólna 2/4
00-926 Warsaw
e-mail: sekretariat_kmpoiis@mrr.gov.pl

Tasks

Role of the Monitoring Committee for Operational Programme "Infrastructure and Environment" is ensuring effectiveness and high quality of the Programme’s implementation by performing tasks, which comprise first of all:

• analyzing and confirming project selection criteria (and changes to criteria),
• analyzing and confirming annual reports (and final report) on implementation of Operational Programme Infrastructure and Environmen",
• review on progress in achieving objectives defined in the Programme, on basis of documents submitted by the MA for Operational Programme Infrastructure and Environment,
• analyzing results of implementing Operational Programme Infrastructure and Environment, in particular as to achieving objectives set for each priority and results of assessments connected with monitoring of Operational Programme Infrastructure and Environment implementation,
• reading annual reports from controlling Programme.

***

Until approving Operational Programme Infrastructure and Environment by the European Commission, Monitoring Pre-Committee for the Programme was established on basis of the Act of 8 August 1996 on the Council of Ministers. After issuing decision as to Programme "Infrastructure and Environment" by the European Commission, the Ordinance establishing Monitoring Committee for the Programme was issued, pursuant to the Act of 6 December 2006 on the rules of development policy implementation, with repealing hitherto binding Ordinance on Monitoring Pre-committee. Members nominated to Monitoring Pre-Committee for the Programme still perform their functions in the Monitoring Committee, unless institutions delegating them decided otherwise.

Rules concerning the procedure described above have been defined in binding Guidelines of Minister of Regional Development No. 3 concerning Monitoring Committees.

First meeting of Monitoring Pre-committee for Operational Programme Infrastructure and Environment took place on 25 July, 2007.


Managing Authority 

Managing Authority for the Operational Programme Infrastructure and Environment is Minister of Regional Development. Duties of Programme’s Managing Authority are being fulfilled by Department of Co-ordinating Infrastructural Programmes.

Tasks

Managing Authority (MA) holds responsibility for Programme’s management and its implementation in accordance with rule of appropriate finance management. MA performs its duties in particular by:

• creation of guidelines for Intermediate Bodies (IB)/beneficiaries and consulting their content,
• consulting model contracts and other documents,
• approving executive instruction for IB,
• performing system controls for IB,
• issuing recommendations for IB/Second Level Intermediate Bodies (IB2),
• ongoing monitoring of programme’s implementation,
• verification of certificates and declarations of expenditure / applications for payment submitted by IB,
• transferring to the European Commission applications for confirmation of granting assistance to large projects.

Part of MA’s tasks has been assigned to Intermediate Bodies (IB) by virtue of agreements.

Intermediate Body

Managing Authority may designate an institution (so-called Intermediate Body), which shall perform part of duties of the former. Nonetheless, Managing Authority keeps holding full responsibility for implementation of the Programme.

Tasks

Part of MA’s tasks has been assigned to Intermediate Bodies (IB) by virtue of agreements. IB perform their duties in particular by:

• preparing and transmitting guidelines for IA/ IB2 and beneficiaries,
• organizing projects selection system in competition mode,
• taking decisions awarding co-financing to projects; informing IB2 on projects approved for co-financing,
• ongoing monitoring conducting measures / priorities,
• organizing monitoring sub-committees for the Programme,
• preparing and submitting to MA/CA certificates and declarations as to expenditures and applications for payment on level of priority axes,
• approving executive instruction for IA/ IB2,
• conducting system controls in IA/ IB2.

By virtue of agreements IB transferred part of their duties to Implementing Authorities/Second Level Intermediate Bodies (IB2).


Second Level Intermediate Body

Intermediate Body may assign part of its duties to Implementing Authority (also referred to as Second Level Intermediate Body), with which you are going to contact during preparing and conducting your project.

Tasks

By the virtue of agreements Intermediate Bodies transferred part of their duties to Implementing Authorities/ Second Level Intermediate Bodies (IB2). IB/ IB2 fulfil their duties in particular by:

• disseminating information on collecting applications and results of competitions,
• receiving and verifying applications submitted by potential beneficiaries in competition procedure , (formal verification),
• monitoring the state of projects preparation as to Individual Key Projects; submitting to IB applications for those from above-mentioned projects which have been verified with positive results,
• managing the commission assessing projects (substantive verification),
• preparing and signing the contracts for co-financing with beneficiaries,
• ongoing monitoring of project implementation,
• formal and substantive verification of beneficiaries’ applications for co-financing,
• making payments to beneficiaries,
• recovering unduly paid amounts,
• performing on the spot controls,
• performing controls of public procurement procedures.

Certifying Authority

Certifying Authority is organizational unit created by Minister of Regional Development, responsible for certification of expenditure spent within the framework of Community funds. It is independent from Managing Authorities for specific operational programmes.

At present functions of Certifying Authority are performed by department in Ministry of Regional Development established specifically for this purpose – Certifying Authority Department.

Tasks

Certifying Authority is in particular responsible for:

• drawing up and submitting to the Commission certified declarations of expenditure and applications for payment,
• certifying that declaration of expenditure is accurate, results from credible accounting systems and is based on documentation that may be verified,
• certifying that declared expenditure conforms to the Community and national rules and that it has been spent in connection with projects selected for financing,
• ensuring that it has received from Managing Authority relevant information on topic of procedures and verification of expenditure,
• taking into account results of all audits conducted by Auditing Body or on behalf of the latter,
• keeping, in electronic form, accounting records related to expenditures declared to the European Commission,
• taking into consideration information on irregularities detected in operational programme,
• taking into account results of expenditure checks performed by Managing Authorities,
• issuing opinions on expenditure,
• performing control visits in Managing Authorities and institutions subject to them (or possibly visits to beneficiaries).

Supervising Certifying Authority is a task of one of the members of higher management of Ministry of Regional Development. He is directly responsible to Minister of Regional Development and makes independent decisions concerning certification of declarations of expenditure and applications for payment directed to the European Commission or suspending such certification.


Intermediate Body for Certification (IBC)

In case of regional operational programmes Certifying Authority assigned, by virtue of concluded agreement, part of its duties to Voivodeship Offices. Institutions which received such duties are so-called Intermediate Bodies for Certification.


Auditing Body

For every operational programme tasks of Auditing Body are performed by General Inspector of Fiscal Control, whose functions are conducted by secretary or under-secretary of state in the Ministry of Finance. Auditing Body is independent from Managing Authorities, Intermediate Bodies, Second Level Intermediate Bodies and Certifying Authority.

Audit constitutes assessment of a system, performed by persons or companies independent from entity being assessed. Its goal is checking whether all activities connected with implementation of the Community funds in Poland were conducted in accordance with binding provisions and procedures.

Tasks of Auditing Body are performed with help of intermediation by fiscal control units responsible to General Inspector of Fiscal Control, i.e. separate organizational unit in the Ministry of Finance (at present "Department for Protection of EU Financial Interests") and 16 fiscal control offices situated on voivodeship level. In each fiscal control office separate organizational unit responsible for controlling funds coming from the European Union was created.

Tasks

Auditing Body holds responsibility for the whole scope of activities connected with issuing certification that management and control system for operational programmes fulfils requirements concerning using Community funds, which are contained in Council Regulation (EC) No. 1083/2006 of 11 July 2006. Actions within compliance audit are performed by Department for Protection of EU Financial Interests while opinions are signed by General Inspector of Fiscal Control.

Main tasks of Auditing Body comprise in particular:

• performing audits in order to verify effective performance of operational programme,
• performing audits of chosen projects in order to verify declared expenditure,
• submitting to the European Commission audit strategy (including entities that will perform audits, schedule and methodology),
• systematic submitting to the European Commission annual audit reports in 2008-2015,
• issuing opinions on whether or not the management and control system functions effectively,
• submitting to the European Commission final declaration and final audit report, no later than by 31 March 2017.

Within the framework of actions described above Department for Protection of EU Financial Interests supervises, co-ordinates and ensures appropriate quality of work of fiscal control offices. This Department may use the following control instruments:

• introducing documentation management system (including defining criteria on creating documents, and also their standardisation and computerization),
• supervision over performing actions (attributing responsibility for performing tasks to employees and verification of their performance),
• conducting annual quality controls on performed activities.