Council Regulation (EC) No 1698/2005 (repealed)Show full title

CHAPTER I MANAGEMENT AND CONTROL

Article 73 Responsibilities of the Commission

To ensure, in the context of shared management, sound financial management in accordance with Article 274 of the Treaty, the Commission shall carry out the measures and controls laid down in Article 9(2) of Regulation (EC) No 1290/2005.

Article 74 Responsibilities of the Member States

1. Member States shall adopt all the legislative, statutory and administrative provisions in accordance with Article 9(1) of Regulation (EC) No 1290/2005 in order to ensure that the Community’s financial interests are effectively protected.

2. Member States shall designate, for each rural development programme, the following authorities:

(a) the Managing Authority, which may be either a public or private body acting at national or regional level, or the Member State itself when it carries out that task, to be in charge of the management of the programme concerned;

(b) the accredited paying agency within the meaning of Article 6 of Regulation (EC) No 1290/2005;

(c) the certifying body within the meaning of Article 7 of Regulation (EC) No 1290/2005.

3. Member States shall ensure for each rural development programme that the relevant management and control system has been set up ensuring a clear allocation and separation of functions between the Managing Authority and other bodies. Member States shall be responsible for ensuring that the systems function effectively throughout the programme period.

4. Member States shall undertake controls in accordance with detailed implementing rules fixed in accordance with the procedure referred to in Article 90(2), notably regarding the type and intensity of controls, adapted to the nature of the different rural development measures.

Article 75 Managing Authority

1. The Managing Authority shall be responsible for managing and implementing the programme in an efficient, effective and correct way and in particular for:

(a) ensuring that operations are selected for funding in accordance with the criteria applicable to the rural development programme;

(b) ensuring that there is a system to record and maintain statistical information on implementation in computerised form adequate for the purposes of monitoring and evaluation;

(c) ensuring that beneficiaries and other bodies involved in the implementation of operations:

(i)

are informed of their obligations resulting from the aid granted, and maintain either a separate accounting system or an adequate accounting code for all transactions relating to the operation,

(ii)

are aware of the requirements concerning the provision of data to the Managing Authority and the recording of outputs and results;

(d) ensuring that programme evaluations are conducted within the time limits laid down in this Regulation and conform to the common monitoring and evaluation framework and for submitting evaluations undertaken to the relevant national authorities and the Commission;

(e) leading the Monitoring Committee and sending it the documents needed to monitor implementation of the programme in the light of its specific objectives;

(f) ensuring compliance with the obligations concerning publicity referred to in Article 76;

(g) drawing up the annual progress report and, after approval by the Monitoring Committee, submitting it to the Commission;

(h) ensuring that the paying agency receives all necessary information, in particular on the procedures operated and any controls carried out in relation to operations selected for funding, before payments are authorised.

2. When a part of its tasks is delegated to another body, the Managing Authority shall retain full responsibility for the efficiency and correctness of management and implementation of those tasks.