PART IISPECIFIC PROVISIONS

TITLE IICROSS–BORDER COOPERATION COMPONENT

CHAPTER IIIImplementation

Section 2Cross-border programmes between beneficiary countries and Member States

Sub-section 1Management and control systems

Article 103Functions of the managing authority

1

The managing authority shall be responsible for managing and implementing the cross-border programme in accordance with the principle of sound financial management and in particular for:

a

ensuring that operations are selected for funding in accordance with the criteria applicable to the cross-border programme and that they comply with applicable Community and national rules for the whole of their implementation period;

b

ensuring that there is a system for recording and storing in computerised form accounting records of each operation under the cross-border programme and that the data on implementation necessary for financial management, monitoring, verifications, audits and evaluation are collected;

c

verifying the regularity of expenditure. To this end, it shall satisfy itself that the expenditure of each final beneficiary participating in an operation has been validated by the controller referred in Article 108;

d

ensuring that the operations are implemented according to the public procurement provisions referred to in Article 121;

e

ensuring that final beneficiaries and other bodies involved in the implementation of operations maintain either a separate accounting system or an adequate accounting code for all transactions relating to the operation without prejudice to national accounting rules;

f

ensuring that the evaluations of cross-border programmes are carried out in accordance with Article 109;

g

setting up procedures to ensure that all documents regarding expenditure and audits required to ensure an adequate audit trail are held in accordance with the requirements of Article 134;

h

ensuring that the certifying authority receives all necessary information on the procedures and verifications carried out in relation to expenditure for the purpose of certification;

i

guiding the work of the joint monitoring committee and providing it with the documents required to permit the quality of the implementation of the cross-border programme to be monitored in the light of its specific goals;

j

drawing up and, after approval by the joint monitoring committee, submitting to the Commission the annual and final reports on implementation referred to in Article 112;

k

ensuring compliance with the information and publicity requirements laid down in Article 62.

2

The managing authority shall lay down the implementing arrangements for each operation, where appropriate in agreement with the lead beneficiary.