1.For each cross-border programme, each participating beneficiary country shall establish an operating structure for the part of the programme relating to the country concerned.
2.The duties of the operating structures shall include the preparation of the cross-border programmes in accordance with Article 91.
3.The operating structures of the participating beneficiary countries shall cooperate closely in the programming and implementation of the relevant cross-border programme.
4.For each cross-border programme among beneficiary countries, the relevant operating structures shall set up a joint technical secretariat to assist the operating structures and the joint monitoring committee referred to in Article 142 in carrying out their respective duties.
The joint technical secretariat may have antennae established in each participating countries.
5.In the event of decentralised management, the functions and responsibilities of the operating structures shall be, mutatis mutandis, those listed in Article 28. In addition, the following provisions shall apply:
(a)The operating structures in each participating beneficiary country shall include one implementing agency which shall be established within the national administration or under its direct control.
(b)The national authorising officer in each participating beneficiary country shall, after consulting the national IPA coordinator, designate a programme authorising officer to head the implementing agency.
The programme authorising officers shall be officials of the State administration of the beneficiary countries. He shall be responsible for the activities carried out by the implementing agency.
[F1(c) For the part of the cross-border programme concerning the respective country, the implementing agency shall undertake tendering, contracting, payments, accounting and financial reporting of the procurement of services, supplies and works and contracting, payments, accounting and financial reporting of grants.]
Where relevant, the provisions laid down in Article 76 shall apply mutatis mutandis.
[F16. In the event of centralised management, functions and responsibilities of the operating structures shall be defined in the relevant cross-border programmes.]
Textual Amendments
1.In the event of centralised management, the Commission shall:
[F1(a) approve the criteria for selecting the operations financed by the cross-border programme including those operations identified outside calls for proposals as referred to in Article 95(1);]
(b)endorse the calls for proposals and their application packs (Guidelines for applicants) prior to publication;
(c)where relevant, endorse the composition of a steering committee entrusted with the selection of operations;
(d)formally confirm the operations selected by the joint monitoring committee referred to in Article 142. In all cases, the Commission shall retain the right of final approval of an operation selected for financing.
2.In the event of decentralised management, the Commissions' right to exercise ex ante control of the selection of operations shall be defined in the Commission decision on conferral of management in accordance with Article 14(3).
Textual Amendments
Article 109 shall apply mutatis mutandis. However, in the event of centralised management, the evaluations referred to in Article 109(3) shall be carried out under the responsibility of the Commission. In that event, the provisions referred to in Article 109(4) and Article 109(5) do not apply.
In the case of cross-border programmes among beneficiary countries, the need to carry out the ex ante evaluation referred to in Article 109(2) shall be decided by the Commission in agreement with the participating beneficiary countries, taking into consideration the Community funds allocated to the programme and in accordance with the proportionality principle. The ex ante evaluation may be carried out with the support of the Commission.
[F1In the event of decentralised management, the Commission may perform any ad-hoc evaluations it deems necessary.]
Textual Amendments
1.In the case of cross–border programmes among themselves, the participating beneficiary countries shall set up a joint monitoring committee for each cross-border programme. This joint monitoring committee fulfils the role of the sectoral monitoring committee referred to in Article 59. By way of derogation from Article 59(1), the joint monitoring committee shall be set up within three months after the entry into force of the first financing agreement relating to the programme.
The joint monitoring committees shall meet at least twice a year, at the initiative of the participating countries or of the Commission.
2.Each joint monitoring committee shall draw up its rules of procedures in compliance with a joint monitoring committee mandate set out by the Commission and within the institutional, legal and financing framework of the participating countries concerned, in order to exercise its mission in accordance with the present Regulation. It shall adopt these rules of procedures.
3.The joint monitoring committee shall be chaired by a representative of one of the participating countries.
Each participating country shall appoint its representatives, including representatives of the operating structure responsible for the programme, to sit on the joint monitoring committee. With regards to the composition of the joint monitoring committee, due account shall be taken of provisions of Article 87.
4.The Commission shall participate in the work of the joint monitoring committee in an advisory capacity.
5.The joint monitoring committee shall satisfy itself as to the effectiveness and quality of the implementation of the cross-border programme, in accordance with the following provisions:
(a)it shall consider and approve the criteria for selecting the operations financed by the cross-border programme and approve any revision of those criteria in accordance with programming needs;
(b)it shall periodically review progress made towards achieving the specific targets of the cross-border programme on the basis of documents submitted by the operating structures of participating beneficiary countries;
(c)it shall examine the results of implementation, particularly achievement of the targets set for each priority axis and the evaluations referred to in Article 57(4) and Article 141;
(d)it shall examine the annual and final reports on implementation referred to in Article 144;
(e)it shall be informed, as applicable of the annual audit activity report(s) referred to in Article 29(2)(b) first indent, and of any relevant comments the Commission may make after examining that report;
(f)it shall be responsible for selecting operations, but may delegate this function to a steering committee;
(g)it may propose any revision or examination of the cross-border programme likely to make possible the attainment of the objectives referred to in Article 86(2) or to improve its management, including its financial management;
(h)it shall consider and approve any proposal to amend the content of the cross-border programme.
The operating structures of the participating beneficiary countries and the joint monitoring committee shall ensure the quality of the implementation of the cross-border programme. They shall carry out monitoring by reference to the indicators referred to in Article 94(1)(d) and, in the event of decentralised management, the financial indicators specified in the cross-border programme.
1.The operating structures of the beneficiary countries participating in a cross-border programme shall send the Commission and the respective national IPA coordinators an annual report and a final report on the implementation of the cross-border programme after examination by the joint monitoring committee.
In the case of decentralised management, the reports shall also be sent to the respective national authorising officers.
The annual report shall be submitted by 30 June each year and for the first time in the second year following the adoption of the cross-border programme.
The final report shall be submitted at the latest 6 months after the closure of the cross-border programme.
2.The reports referred to in paragraph 1 shall include the following information:
(a)the progress made in implementing the cross-border programme and priorities in relation to their specific, verifiable targets, with a quantification, wherever and whenever they lend themselves to quantification, using the indicators referred to in Article 94(1)(d) at the level of the priority axis;
(b)detailed information about the financial implementation of the cross-border programme;
(c)the steps taken by the operating structures and/or the joint monitoring committee to ensure the quality and effectiveness of implementation, in particular:
monitoring and evaluation measures, including data collection arrangements;
a summary of any significant problems encountered in implementing the cross-border programme and any measures taken;
the use made of technical assistance;
(d)the measures taken to provide information on and publicise the cross-border programme.
Where appropriate, the information referred to in points (a) to (d) of this paragraph may be provided in summary form.
The information referred to in point (b) shall be included in the reports only in the case of decentralised management.
Information referred to in point (c) need not be included if there has been no significant modification since the previous report.
Following the selection of joint operations in accordance with Article 95, the operating structures in the event of decentralised management and the Commission in the event of centralised management, shall issue a grant to the lead beneficiary of the participating beneficiary country concerned.
In the event of decentralised management, the provisions of Articles 79 paragraphs (1), (2) and (3), and 80 shall apply.