European Union Programmes Agency Regulations, 2007

L.N. 128 of 2007

EDUCATION ACT

(CAP. 327)

European Union Programmes Agency Regulations, 2007

IN EXERCISE of the powers conferred by article 131 and article

135 of the Education Act, the Minister of Education, Youth and

Employment has made the following regulations>-

(1) The title of these regulations is the European Union

Programmes Agency Regulations, 2007.

(2) These regulations shall come into force on the date of

their publication in the Government Gazette.

In these regulations, unless the context otherwise requires –

“actions” means the various initiatives and measures under

each programme<

“European Union” means the European Union referred to in

the Treaty as defined in article 2 of the European Union Act<

“Minister” means the Minister responsible for education<

“National Agency” means the European Union Programmes

Agency established in regulation 3<

“National Co-ordinator” means the officer appointed with the

responsibility of managing the European Union Programmes

Agency<

“network” means a formal or informal grouping of bodies

active in a particular field, discipline or sector of lifelong learning<

“Operational Handbooks” means the guidelines established

by the European Commission to manage the programmes.

There shall be the European Union Programmes Agency,

hereinafter called the National Agency, having such powers and

functions as set out in these regulations.

The National Agency shall have its offices at such address as

the Minister may, from time to time, determine.

(1) The National Agency shall be a body corporate having a Legal personality.

distinct legal personality and it shall be capable, subject to the provisions

of these regulations, of entering into contracts, of employing personnel,

of acquiring, holding and disposing of funds for the purposes of its

functions and operations, of suing and being sued, and of doing all such

things and entering into such transactions as are incidental or conducive

to the exercise or performance of its functions under these regulations.

(2) The legal and juridical representation of the National

Agency shall vest in the National Co-ordinator of the National Agency,

who may appoint in writing one or more officers or employees of the

Agency to appear in the name and on behalf of the Agency in any judicial

proceedings and in any deed, contract, instrument or other document

whatsoever.

(3) The National Agency shall be a non-profit organization.

It shall be the mission of the National Agency to promote, Mission of the

National Agency.

implement and manage programmes and initiatives of the European

Union.

The objective of the National Agency shall be to ensure that Objective of the

National Agency.

in those European Union Programmes having an educational nature,

contents or objectives, its activities are consonant with the educational

policies and strategies of the Ministry responsible for education.

(1) The powers and functions of the National Agency shall Powers and

functions of the

be to>

National Agency.

(a) give advances to and fund third parties when necessary

and in relation to the Agency’s activities<

(b) enter into agreement, or make any arrangement in

connection with the Agency’s business, with any government

department or other authority, corporation, company or person<

(c) employ personnel according to need on terms, conditions

and remuneration as approved by the Minister and assume

responsibility for the employment, deployment, supervision and

discipline of public officers assigned to the National Agency by

the public authorities responsible for Government employees<

(d) accept and receive funds from Governments,

international organizations, foundations, commercial entities,

banks, individuals or any other source<

(e) do all such other things which are incidental or conducive

to the attainment of the above functions or of any of them.

(2) Funding from the European Union for the various

educational programmes will be provided under specific financial

agreements and may only be used for the specific purpose listed in the

various agreements with the European Commission.

(3) The National Agency may carry out projects or activities

for the benefit of the network of National Agencies or in support of a

Community policy.

(4) The National Agency may be entrusted by the Minister,

as the National Authority, with other European Commission initiatives

and measures.

The National Agency is responsible for the management of

the programmes including>

(a) giving information and publicity on the various European

Union educational, research and cultural programmes and, where

applicable, giving information on the calls for proposals<

(b) providing counselling services to potential applicants<

(c)

receiving and assessing proposals<

(d) the setting-up and operation of an evaluation committee

for the selection of project proposals<

(e)

the publication of information on selected projects<

(f) committing funds for projects and signing of contracts

with project beneficiaries<

(g) the pre-financing of payments to beneficiaries<

(h) the monitoring of projects including visits to projects

and thematic monitoring meetings<

(i) analysing and controlling the final activity and the

financial final reports<

(j) the balancing of payments and the recovery of funds<

(k) carrying on-the-spot checks on projects with the

assistance of independent auditors<

(l) reporting to the European Commission.

(2) The National Agency shall be also responsible for the

management of the life-cycle of the Maltese projects financed under

the various actions of the European Union programmes and shall

contribute to the monitoring and evaluation of the actions of the

programmes.

(3) The National Agency may not delegate any task of

budget implementation.

The National Agency shall also contribute to the monitoring Monitoring of

programmes and

and evaluation of the actions of the programmes through>

projects.

(a) the organisation of national thematic monitoring

meetings between projects and the national participation in

European thematic monitoring meetings<

(b) the organisation of national valorisation meetings,

bringing together projects co-ordinators and potential users and

the national participation in European valorisation events<

(c) reporting on the strategic impact of the programmes at

national level<

(d) the carrying out of studies, analysis and surveys on the

programmes at national level<

(e) the contribution to national reports on programme

implementation and to programme evaluation<

(f) the contribution to achieving synergies at national level

with other European Commission programmes.

The National Agency shall carry out its tasks in accordance Obligation to abide

by Operational

with the Operational Handbooks of the European Commission regarding Handbooks.

the minimum requirements for internal control standards applicable to

National Agencies and to their management of the projects financed

under the various actions. The Operational Handbooks shall be an

integral part of the obligations of the National Agency both towards the

European Commission and the Minister as the National Authority.

(1) The National Agency is generally accountable to the

Minister and to the European Commission.

(2) In carrying out its mission, objectives, functions and

powers, the National Agency shall be subject to directions given in

writing by the European Commission. The Minister shall also have the

right to issue written directives on any matter, and to assign specific

tasks, to the National Agency.

(3) In the exercise of those powers and functions which

involve financial considerations and commitments, as specified in

regulation 13 hereunder, the National Agency shall also be subject to

the direction of the Minister responsible for finance.

(4) The National Co-ordinator shall provide the European

Commission and the Minister with all the information and

documentation that may be requested in connection with the affairs of

the National Agency.

(1) Whenever requested, the National Agency shall submit

to the European Commission the necessary work plans. The National

Agency shall remain within the parameters of the recurrent expenditure

allocated to it by the European Commission and the Minister as

authorized by the Minister responsible for finance.

(2) The National Agency shall ensure the proper keeping

of management accounts and other records concerning its operations

and transactions, and shall ensure that a relative statement of accounts

is prepared when requested and submitted to the Minister, the Minister

responsible for finance and the European Commission, without any

delay.

(3) The accounts of the National Agency shall be audited

by one or more auditors appointed by the Minister. The financial

administration of the Agency shall be subject to the auditing of the

Auditor General. The audited accounts shall be presented to the European

Commission, the Minister, the Minister responsible for finance and the

Auditor General.

(4) The National Agency shall, whenever so requested, send

a copy of its audited statement of accounts, a copy of the report made

by the auditor or auditors about that statement, together with a report of

its activities and outcome during that year, to the Minister and to the

European Commission. The Minister shall, within thirty (30) days of

their receipt, lay a copy thereof on the Table of the House of

Representatives. The audited accounts and the annual report shall also

be presented to the Minister responsible for finance and to the Auditor

General whenever these are requested.

(5) The National Agency shall, on the request of the Minister

or the Minister responsible for finance, submit management reports and

accounts as requested.

(6) The National Agency shall follow procurement

procedures as regulated by the Public Service (Procurement)

L.N. 70 of 1996.

Regulations, 1996, and any amendments thereto.

If for any reason, the National Agency ceases to exist, all its Cessation of the

National Agency.

assets shall become the property of the Government of Malta, saving

any reservations made by beneficiaries and donors in respect of any

property donated by them. Unused European Commission funds and

recoveries shall be returned to the European Commission.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm0.28 (€0.65)