Regulations, 2011

L.N. 505 of 2011

EDUCATION ACT

(CAP. 327)

European Union Programmes Agency (Amendment)

Regulations, 2011

IN exercise of the powers conferred by article 135 of the

Education Act, the Minister of Education, Employment and the

Family, has made the following regulations

The title of these regulations is the European Union Title.

Programmes Agency (Amendment) Regulations, 2011, and they

shall be read and construed as one with the European Union

Programmes Agency Regulations, 2007, hereinafter referred to as L.N. 128 of 2007.

the “principal regulations”.

In regulation 2 of the principal regulations, immediately Amends regulation

after the definition “National Agency” there shall be added the 2 regulations.

following new definition

“National Authority” means the office within the Office

of the Prime Minister designated as such in accordance with

EU regulations to monitor the National Agency at national

level in the implementation of programmes in the framework

of the European Commission Directorate General for

Education and Culture Programmes for lifelong learning and

youth in action”.

In regulation 7 of the principal regulations, for the Amends regulation

words “its activities are consonant with the educational policies 7 regulations.

and strategies of the Ministry responsible for education” there

shall be substituted the words “its activities are consonant with the

educational policies and strategies of the Ministry responsible for

education and, where applicable, with the Operational Handbooks

issued by the European Commission and supervised by the

National Authority”.

For sub-regulation (4) of regulation 8 of the principal Amends regulation

regulations, there shall be substituted the following

8 of the principal

regulations.

“(4) The National Agency may be entrusted by the

Minister, in consultation with the National Authority, with

other European Commission initiatives and measures;”.

In paragraph (l) of sub-regulation (1) of Regulation 9 of

the principal regulations, for the words “European Commission.”

there shall be substituted the words “European Commission and

the National Authority;” and immediately thereafter there shall be

added the following new paragraphs

“(m) ensure the setting up of an internal audit function

to strengthen the management of the Programmes and ensure

the smooth running of the Agency, in line with EU and

national rules; and

(n) ensure full co-operation with the National Authority

and, where applicable, its engaged external auditors and

implement relevant recommendations as instructed by the

National Authority.”.

In regulation 11 of the principal regulations, for the words

“the Minister as the National Authority” there shall be substituted

the words, “the Minister and the National Authority”.

Regulation 12 of the principal regulations shall be

amended as follows

(a) for sub-regulation (1) thereof there shall be

substituted the following

“(1) The National Agency is generally

accountable to the Minister, the National Authority and

to the European Commission.”;

(b) in sub-regulation (2) thereof, for the words “The

Minister shall also have the right to issue written directives

on any matter, and to assign specific tasks, to the National

Agency” there shall be substituted the words “The Minister,

and where applicable, the National Authority, shall also have

the right to issue written directives on any matter, and to

assign specific tasks to the National Agency”; and

(c) for sub-regulation (4) thereof, there shall be

substituted the following

“(4) The National Coordinator shall provide the

European Commission, the Minister and the National

Authority and, where applicable, its engaged external

auditors with all the information and documentation that

may be requested in connection with the affairs of the

National Agency.”.

Regulation 13 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof, for the words

“Whenever requested, the National Agency shall submit to the

European Commission the necessary work plans.”, there shall

be substituted the words “Whenever requested, the National

Agency shall submit to the European Commission and the

National Authority the necessary work plans.”;

(b) for sub-regulation (2) thereof, there shall be

substituted the following

“(2) The National Coordinator shall ensure that

the Agency has a strong internal audit function. The

National Agency shall ensure the proper keeping of

management accounts and other records concerning

its operation 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, the National Authority and,

where applicable, its engaged external auditors and the

European Commission, without delay.”;

(c) in sub-regulation (3) thereof, for the words,

“The audited accounts shall be presented to the European

Commission, the Minister, the Minister responsible for

finance and the Auditor General.” there shall be substituted

the words “The audited accounts shall be presented to the

European Commission, the Minister, the Minister responsible

for finance, the National Authority and, where applicable, its

engaged external auditors and the Auditor General.”;

(d) in sub-regulation (4) thereof, for the words “to the

Minister and to the European Commission” there shall be

substituted the words “to the Minister, the National Authority

and to the European Commission”; and

(e) in sub-regulation (5) thereof, for the words “on the

request of the Minister or the Minister responsible for finance,

submit management reports and accounts as requested” there

shall be substituted the words “on the request of the Minister

or the Minister responsible for finance or the National

Authority, submit management reports and accounts as

requested”.

€0.36