EUROPEAN UNION PROGRAMMES AGENCY (ESTABLISHMENT) ORDER

(ESTABLISHMENT)

SUBSIDIARY LEGISLATION 595.30

EUROPEAN UNION PROGRAMMES AGENCY

(ESTABLISHMENT) ORDER

27th November, 2018

LEGAL NOTICE 401 of 2018, as amended by Legal Notice 281 of

2025.

The title of this order is the European Union Programmes

Agency (Establishment) Order.

(1)

In this order, unless the context otherwise

requires -

"actions" means the various initiatives and measures

under each programme;

"Erasmus+ Programme" means the programme

established by means of the applicable European Union

legislation;

"European Solidarity Corps" means the programme

established by means of the applicable European Union

legislation;

"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 appointed in

accordance with the applicable European Union legislation to

monitor and supervise the management of the Erasmus +

Programme and the European Solidarity Corps Programme in

Malta in accordance with the applicable Union legislation;

"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.

(ESTABLISHMENT)

(1)

There shall be a National Agency, to be known as

the European Union Programmes Agency, which shall serve to

promote, implement and manage the Erasmus+ Programme and the

European Solidarity Corps 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, 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 33 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

Programmes Agency shall be the Minister responsible for European

Funds.

(1)

The National Authority shall be responsible for the

monitoring and supervision of the management of the National Agency

at national level in the implementation of the programme for European

Union action in the Erasmus+ Programme and the European Solidarity

Corps, in accordance with applicable European Union Regulations and

national provisions.

(2)

In the exercise of its functions, the National Authority

shall in particular

(a)

ensure the proper monitoring and supervision of the

National Agency in order to guarantee that its

operations are fully aligned with European Union

Regulations, guidelines and national priorities;

(b)

ensure that the National Agency manages all

financial resources entrusted to it in a transparent,

accurate, and accountable manner, in compliance

with European Union and national financial

Regulations and requirements.

(ESTABLISHMENT)

(3)

The National Authority shall provide adequate co-

financing for the operations of its national agency to ensure that the

Erasmus + Programme and the European Solidarity Corps are

managed in compliance with the applicable European Union

Regulations.

(4)

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 shall

immediately inform the Minister to withhold or partially withhold any

further payments of national funds.

(1)

The National Agency shall be a body corporate

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

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 Government Agency as

established in accordance with article 26 of the Public Administration

Act.

The objective of the National Agency shall be to ensure

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

(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)

process payments to and fund third parties when

necessary and in relation to the Agency’s activities;

(ESTABLISHMENT)

(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 Permanent

Secretary 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 the programmes as set out in article 3(1) taking into

account the Commission programmes’ guides and must 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

(ESTABLISHMENT)

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).

(ESTABLISHMENT)

(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

submit to the European Commission and the National Authority the

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

(ESTABLISHMENT)

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

National Co-ordinator. 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 and the European

Solidarity Corps 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)

Repealed by Legal Notice 281 of 2025.