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Commission Decision of 5 March 2008 laying down rules for the implementation of Decision No 574/2007/EC of the European Parliament and of the Council establishing the External Borders Fund for the period 2007 to 2013 as part of the General programme Solidarity and Management of Migration Flows as regards Member States' management and control systems, the rules for administrative and financial management and the eligibility of expenditure on projects co-financed by the Fund (notified under document number C(2008) 789) (Only the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic) (2008/456/EC)

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PART IIIPROVISIONS SPECIFIC TO THE EXTERNAL BORDERS FUND

CHAPTER 1Eligibility rules

Article 39Eligibility rules

1.The rules set out in Annex XI shall be used to determine the eligibility of expenditure of actions financed under the annual programmes referred to in Article 37(4) of the basic act.

2.These rules are applicable to the final beneficiaries and shall apply mutatis mutandis to the project partners.

3.Member States may apply national eligibility rules that are more rigorous than those laid down in this decision.

It shall be for the Commission to evaluate whether the applicable national eligibility rules comply with this condition.

CHAPTER 2Special Transit Scheme

Article 40Support for the implementation of the Special Transit Scheme

1.The support for the implementation of the Special Transit Scheme referred to in Article 6 of the basic act shall be established in the framework of the multiannual programme of the Republic of Lithuania and be implemented on the basis of the annual programmes of the Republic of Lithuania.

Consequently, the rules in the basic act and this Decision regarding the implementation of annual programmes shall apply mutatis mutandis to the support for the implementation of the Special Transit Scheme. The fund shall bear any additional cost incurred in implementing the specific provision of the acquis covering such transit.

2.For each annual programme the amount to be allocated to this support shall be set in accordance with Article 6 of the basic act and within the limits of the appropriations set out in Article 14(12) of the basic act.

3.With regard to the foregone fees, the action shall run from 1 January of the year referred to in the financing decision approving the annual programme until 31 December of that year.

With regard to the additional costs, the action shall run from 1 January of the year referred to in the financing decision approving the annual programme:

(a)

for salaries of the staff specifically implementing the Special Transit Scheme until 31 December of that year;

(b)

for all other additional costs, until 31 December of the following year.

4.The amount to be allocated to this support under each annual programme shall not be used for other action.

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