European Union Programmes Agency

L.N. 21 of 2015

EDUCATION ACT

(CAP. 327)

European Union Programmes Agency

(Amendment) Regulations, 2015

IN exercise of the powers conferred by article 135 of the

Education Act, the Minister for Education and Employment has made

the following regulations:-

The title of these regulations is the European Union

Programmes Agency (Amendment) Regulations, 2015, and these

regulations shall be read and construed as one with the European

Union Programmes Agency Regulations, hereinafter referred to as

"the principal regulations".

Regulation 2 of the principal regulations shall be amended

as follows

(a) the definition "National Authority" shall be substituted by

the following

" "National Authority" means the office within the

Ministry for European Affairs and the Implementation of

the Electoral Manifesto, Parliamentary Secretariat for EU

Funds and the EU Presidency designated as such in

accordance with EU regulations to monitor the National

Agency at national level in the implementation of the

programme for European Union action in the field of

education, training, youth and sport called "Erasmus +"

and its predecessors;"; and

(b)

in the definition "network" for the words "lifelong

learning" there shall be substituted the words "education,

training, youth and sport".

Regulation 6 of the principal regulations shall be

substituted by the following

"6.

It shall be the mission of the National Agency to

effectively and efficiently promote, implement and manage the

Erasmus+ Programme, previous programmes and other

programmes and initiatives of the European Union as

designated by the National Authority or the Minister as the case

may be.".

Regulation 7 of the principal regulations shall be Substitutes

regulation 7 of

substituted by the following

the principal

regulations.

"7.

The objective of the National Agency shall be to

ensure that in dealing with the programmes as set out in

regulation 6

(a) its activities are consistent with the national

educational policies and strategies as supervised by the

Minister;

(b) its calls, actions, general management and

workings are in line with the relevant European Union

regulations and Operational Handbooks issued by the

European Commission from time to time;

(c) it manages its finances in a clear, transparent

and accurate manner as required in the regulations of the

European Union and the Operational Handbooks and the

Laws of Malta.".

Paragraph (d) of regulation 8 of the principal regulations Amends

regulation 8 of

shall be amended as follows

the principal

regulations.

(a)

for the words "from Governments, international

organizations" there shall be substituted the words "from

Governments, the European Commission, international

organizations";

(b)

for the words "or any other source;" there shall be

substituted the words "or any other source:", and thereafter there

shall be added the following new proviso

"Provided that in the case of national funds co-

funding the operations of the National Agency, the

Minister responsible for Education shall consult in writing

with the National Authority before any negotiations on the

allocation and inform the National Authority each time

tranches are transferred to the National Agency;".

Regulation 9 of the principal regulations shall be amended Amends

regulation 9 of

as follows

the principal

regulations.

(a)

sub-regulation (1) thereof shall be amended as

follows

(i) for the words "for the management of the

programmes including" there shall be substituted the

words "for the management of the programmes as set out

in regulation 6 and must minimally ensure";

(ii) paragraph (a) thereof shall be substituted by

the following

"(a) the provision of information and

publicity on the various centralised and

decentralised European Union educational,

research and cultural programmes and programmes

set out in regulation 6 and, where applicable,

giving information on the calls for proposals;";

(iii) in paragraph (b) thereof for the words

"providing counselling services" there shall be substituted

the words "the provision of counselling services and

guidance to";

(iv) in paragraph (d) thereof for the words

"project proposals" there shall be substituted the words

"project proposals as indicated in the Operational

Handbooks";

(v) paragraphs (e) to (n) thereof shall be re-

numbered as paragraphs (f) to (o) respectively;

(vi) immediately after paragraph (d) thereof there

shall be added the following new paragraph

"(e) the provision of counselling

and

guidance services to rejected applicants;";

(vii) in paragraph (n), as re-numbered, thereof, for

the words "and national rules; and" there shall be

substituted the words "and national rules;";

(viii) in paragraph (o), as re-numbered, thereof, for

the words "by the National Authority;" there shall be

substituted the words "by the National Authority; and";

(ix) immediately after paragraph (o), as re-

numbered, thereof, there shall be added the following new

paragraph

"(p) the publication and dissemination of an

annual report showcasing annual achievements.";

and

(b)

in sub-regulation (2) thereof for the words "of the

programmes" there shall be substituted the words "of the

programmes as set out in regulation 6".

Regulation 10 of the principal regulations shall be Substitutes

regulation 10 of

substituted by the following

the principal

regulations.

"10. The National Agency shall also ensure the

monitoring and evaluation of the actions of the programmes as

set out in regulation 6 in line with the relative European

Community Regulations and the Operational Handbooks.".

Regulation 11 of the principal regulations shall be Amends

regulation 11 of

amended as follows

the principal

regulations.

(a)

the marginal note thereto shall be substituted by the

following

"Obligations to abide by the relative European

Community Regulations and Operational Handbooks.";

and

(b)

for the words "in accordance with the Operational

Handbooks" there shall be substituted the words "in accordance

with the relative European Community Regulations and the

Operational Handbooks".

Regulation 13 of the principal regulations shall be Amends

regulation 13 of

amended as follows

the principal

regulations.

(a)

in sub-regulation (1) thereof for the words "the

necessary work plans. The National Agency" there shall be

substituted the words "the necessary work plans related to the

Erasmus + programme. Without prejudice to regulations 8(d)

and 12(1), the National Agency";

(b)

sub-regulations (4), (5) and (6) thereof shall be re-

numbered as sub-regulations (6), (7) and (8) respectively; and

sub-regulation (3) thereof shall be re-numbered as sub-

regulation (4);

(c)

immediately after sub-regulation (2) thereof, there

shall be added the following new sub-regulation

"(3) The National Co-ordinator shall be

responsible for ensuring that the Agency has a functioning

independent internal audit function at all times.";

(d)

in sub-regulation (4), as re-numbered, thereof for

the words "The accounts of the National Agency shall be

audited" there shall be substituted the words "The operational

systems and accounts of the National Agency may also be

audited"; and for the words "The audited accounts" there shall

be substituted the words "The operational audited accounts";

(e)

immediately after sub-regulation (4), as re-

numbered, thereof there shall be added the following new sub-

regulation

"(5) The systems and accounts for the

decentralised funds of the Erasmus + programme managed

by the National Agency shall be audited by one or more

auditors appointed by the National Authority. The audited

accounts shall be presented to the European Commission

and the Minister."; and

(f)

immediately after sub-regulation (8), as re-

numbered, thereof there shall be added the following new sub-

regulation

"(9) Without prejudice to any other action that the

National Authority is required to initiate or to take under

any other European Community or national law, where the

National Authority identifies through its check that serious

irregularities or fraud has taken place, it will immediately

inform the Minister to withhold or partially withhold any

further payments of national funds.".

€0.45