European Union Programmes Agency

L.N. 401 of 2018

PUBLIC ADMINISTRATION ACT

(CAP. 497)

European Union Programmes Agency

(Establishment) Order, 2018

IN EXERCISE of the powers conferred by article 36(1) of the

Public Administration Act, the Prime Minister has made the following

The title of this order is the European Union Programmes

Agency (Establishment) Order, 2018.

(1)

In this order, unless the context otherwise requires -

"actions" means the various initiatives and measures under

each programme;

"European Union" means the European Union as defined in

article 2 of the European Union Act;

"Minister" means the Minister responsible for European

Funds;

"National Agency" means the European

Union

Programmes Agency established in article 3(1);

"National Authority" means the office duly designated as

such in accordance with EU Regulations to monitor and

supervise the management of 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;

"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 education,

training, youth and sport;

"Operational Handbooks" means the guidelines established

by the European Commission to manage the programmes.

(1) There shall be a National Agency, to be known as the Establishment

European Union Programmes Agency, which shall serve to promote, of

Agency.

implement and manage the Erasmus+ Programme 2014-2020 and any

other programmes and initiatives of the European Union as designated

by the Minister or the National Authority as the case may be.

(2) The Agency shall assume the responsibilities previously

vested in the European Union Programmes Agency, established by

means of the European Union Programmes Agency Regulations, S.L. 327.316.

which is being reconstituted by virtue of this order.

(3) All employees previously performing duties with, and any

other public officer currently deployed with, the European Union

Programmes Agency within the Ministry of Education shall be

regarded as employees of the Agency under the same terms and

conditions prevailing at the date of coming into force of this order and

their employment contracts shall continue in force.

(4) Public officers deployed with the Agency shall be deemed

to be detailed with the Agency in accordance with article 43 of the

Public Administration Act.

(5) The Agency shall, as from the coming into force of this

order, assume responsibility for all assets, liabilities and obligations

previously entered into by the entity which is being reconstituted.

The Minister responsible for the European Union Minister

Programmes Agency shall be the Minister responsible for European responsible

Agency.

Funds.

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

having a distinct legal personality and it shall be capable, subject to the personality.

provisions of this order, of entering into contracts, of employing

personnel, of acquiring, holding and disposing of funds for the

purposes transactions as are incidental or conducive to the exercise or

performance of its functions under this order.

(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.

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

National

that in dealing with the programmes as set out in article 3(1)

Agency.

(a) its activities are consistent with the national

educational policies and strategies;

(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.

(1)

The powers and functions of the National Agency

shall be to

(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, the

European Commission, international organizations, foundations,

commercial entities, banks, individuals or any other source

Provided that in the case of national funds co-funding

the operations of the National Agency, the Minister responsible

for European Funds 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;

(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, in

consultation with the National Authority, with other European

Commission initiatives and measures.

(1) The National Agency shall be responsible for the Management of

management of the programmes as set out in article 3(1) and must programmes

projects.

minimally ensure

(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 article 3(1) and, where applicable, giving information

on the calls for proposals;

(b) the provision of counselling services and guidance to

potential applicants;

(c)

receiving and assessing proposals;

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

committee for the selection of project proposals as indicated in

the Operational Handbooks;

(e) the provision of counselling and guidance services to

rejected applicants;

(f)

the publication of information on selected projects;

(g) committing funds for projects and signing of

contracts with project beneficiaries;

(h)

the pre-financing of payments to beneficiaries;

(i) the monitoring of projects including visits to projects

and thematic monitoring meetings;

(j) analysing and controlling the final activity and the

financial final reports;

(k)

the balancing of payments and the recovery of funds;

(l) carrying desk checks, systems checks and on-the-spot

checks on projects;

(m) reporting to the European Commission and the

National Authority;

(n) 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;

(o) 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; and

(p) the publication and dissemination of an annual report

showcasing annual achievements.

(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 as set out in article 3(1).

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

implementation.

The National Agency shall also ensure the monitoring and

evaluation of the actions of the programmes as set out in article 3(1) in

line with the relative European Union Regulations and the Operational

Handbooks.

The National Agency shall carry out its tasks in accordance

with the relative European Union Regulations and the Operational

Handbooks of the European Commission regarding 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 and the National Authority.

(1) The National Agency is accountable to the Minister,

the National Authority 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, 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.

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

involve financial considerations and commitments, as specified in

article 12, the National Agency shall also be subject to the direction of

the Minister responsible for finance.

(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.

(1) Whenever requested, the National Agency shall Financial

submit to the European Commission and the National Authority the Accountability.

necessary work plans related to the EU Programmes assigned to it.

Without prejudice to articles 7(d) and 11(1), 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 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 on an annual basis 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.

(3) The National Co-ordinator shall be responsible for ensuring

that the Agency has a functioning independent internal audit function

at all times. The internal auditor will report to the Internal Audit

Committee chaired by the Permanent Secretary or his delegate within

the Ministry responsible for European Funds.

(4) The operational systems and accounts of the National

Agency may also 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 operational 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.

(5) The systems and financial and operating 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.

(6) The National Agency shall 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, the National Authority

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.

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

or the Minister responsible for finance or the National Authority,

submit management reports and accounts as requested.

(8) The National Agency shall follow procurement procedures

as regulated by the Public Procurement Regulations, and any

amendments thereto.

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

Authority is required to initiate or to take under any other European

Union 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.

The European Union Programmes Agency Regulations are

hereby being revoked, without prejudice to anything done or omitted

to be done thereunder.

In the Fourth Schedule to the Public Administration Act,

immediately after "Energy and Water Agency" there shall be added the

following

"European Union Programmes To promote, implement and manage

Agency

Erasmus+ Programme, and other

programmes and initiatives of the

European Union".

€0.63