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Commission Decision of 20 January 2006 laying down detailed rules for the implementation of Council Decision 2004/904/EC as regards Member States management and control systems, and rules for the administrative and financial management of projects co-financed by the European Refugee Fund (notified under document number C(2006) 51/3) (Only the Czech, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Swedish, Latvian, Lithuanian, Polish, Portuguese, Slovakian, Slovenian and Spanish texts are authentic) (2006/401/EC)

EU Decision 2006/401 · Adopted 20 January 2006 · Extends to United Kingdom

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Commission Decision

of 20 January 2006

laying down detailed rules for the implementation of Council Decision 2004/904/EC as regards Member States management and control systems, and rules for the administrative and financial management of projects co-financed by the European Refugee Fund

(notified under document number C(2006) 51/3)

(Only the Czech, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Swedish, Latvian, Lithuanian, Polish, Portuguese, Slovakian, Slovenian and Spanish texts are authentic)

(2006/401/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 2004/904/EC of 2 December 2004 establishing the European Refugee Fund for the period 2005 to 2010f1, and in particular Article 13, paragraph 5 thereof,

Whereas:

(1)

To ensure sound financial management of the assistance granted from the European Refugee Fund (the Fund), common guidelines should be adopted for the organisation of the tasks of the authorities responsible for implementing co-financed actions.

(2)

To ensure that the Community funds are utilised in accordance with the principles of sound financial management, management and control systems should be introduced that provide a sufficient audit trail, and lend the Commission any assistance it requires to carry out checks, especially sample checks.

(3)

To ensure that Community funds are used efficiently and appropriately, uniform criteria should be established for the checks carried out by the Member States under Article 25 of Decision 2004/904/EC.

(4)

To ensure uniform treatment of the declarations of expenditure for which assistance is requested from the Fund under Article 24 of Decision 2004/904/EC, a model declaration of expenditure should be produced.

(5)

In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom takes part in Decision 2004/904/EC and by consequence in this present decision.

(6)

In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland takes part in Decision in 2004/904/EC and by consequence in this present decison.

(7)

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in Decision 2004/904/EC and is not bound by it nor by this present decision.

(8)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 11 of Decision 2004/904/EC,

HAS ADOPTED THIS DECISION:

Annotations to the whole text

Footnotes

f1

OJ L 381, 28.12.2004, p. 52.

Contents

  1. Chapter I: SCOPE AND DEFINITIONS
  2. 1Article 1
  3. 2Article 2
  4. Chapter II: MANAGEMENT AND CONTROL SYSTEMS
  5. 3General principles
  6. 4Designation of authorities
  7. 5Responsible Authority
  8. 6Delegation of tasks by the Responsible Authority
  9. 7Control Authority
  10. 8Certifying authority
  11. 9Audit Trail
  12. Chapter III: RULES FOR THE ADMINISTRATIVE AND FINANCIAL MANAGEMENT OF PROJECTS BY THE RESPONSIBLE AUTHORITY
  13. 10Selection and award procedures
  14. 11Procedures for the administrative, contractual and financial management of actions
  15. Chapter IV: CONTROL
  16. 12Responsibilities of the Member States
  17. 13Responsibilities of the Commission
  18. 14Cooperation with the Control Authorities of the Member States
  19. Chapter V: ARRANGEMENTS FOR USING THE EURO
  20. 15Multiannual and annual programmes
  21. 16Reports, declarations of expenditure and requests for payments.
  22. Chapter VI: CLEARANCE OF ACCOUNTS
  23. 17Clearance of accounts
  24. Chapter VII: FINAL PROVISIONS
  25. 18Final provisions
  26. 19Article 19
  27. Signature
  28. Annex 1: EUROPEAN REFUGEE FUND
  29. 1MEMBER STATE
  30. RESPONSIBLE AUTHORITY UNDER ARTICLE 13 OF ERF DECISION (FUNCTIONAL BODY OF THE MEMBER STATE OR NATIONAL PUBLIC BODY)
  31. The responsible authority within the meaning of Article 13 of Decision 2004/904/EC
  32. Delegated authority within the meaning of Article 13(1) of Decision 2004/904/EC (where appropriate)
  33. 3SITUATION IN THE MEMBER STATE
  34. ANALYSIS OF REQUIREMENTS IN THE MEMBER STATE
  35. Division
  36. Priority 1
  37. Priority 2
  38. Priority 3
  39. Priority 4
  40. Priority 5 (optional)
  41. 5STRATEGY TO ACHIEVE THESE OBJECTIVES
  42. 6COMPATIBILITY WITH OTHER INSTRUMENTS
  43. 7INDICATIVE FINANCING PLAN
  44. 8VISIBILITY OF ERF CO-FINANCING
  45. Annex (i)to Draft Annual Programme 2005
  46. Annex 2: EUROPEAN REFUGEE FUND
  47. 1MEMBER STATE
  48. 2GENERAL RULES FOR SELECTION OF PROJECTS TO BE FINANCED UNDER THE ANNUAL PROGRAMME
  49. ACTIONS
  50. 3.1Action A: Reception conditions and asylum procedures
  51. 3.2Action B: Integration of persons referred to in Article 3 of Decision 2004/904/EC whose stay in the Member State is of a lasting and stable nature
  52. 3.3Action C: Voluntary return of persons referred to in Article 3 of Decision 2004/904/EC provided that they have not acquired a new nationality and have not left the territory of the Member State
  53. 4TECHNICAL ASSISTANCE
  54. Division
  55. Annex 3: MODEL PROGRESS REPORT
  56. Division
  57. PROGRAMME ADMINISTRATION AND MANAGEMENT
  58. 1Division 1
  59. 2Division 2
  60. 3Division 3
  61. 4Division 4
  62. 5Division 5
  63. PROGRAMME IMPLEMENTATION
  64. 1Timetable
  65. Financial aspects
  67. Division
  68. FINANCIAL REPORT(Progress Report Article 23.3)
  69. DECLARATION OF EXPENDITURE ERF ANNUAL PROGRAMME(Article 23.3 and 24 of Council Decision)
  70. (b)Division (b)
  71. Implementation of programme actions:
  72. (a)Division (a)
  73. (b)Division (b)
  74. (c)Division (c)
  75. (d)Division (d)
  76. Annex 4: MODEL FINAL REPORT
  77. Division
  78. OPERATIONAL CONTEXT
  79. 1Division 1
  80. 2Division 2
  81. 3Division 3
  82. PROGRAMME ADMINISTRATION AND MANAGEMENT
  83. 1Division 1
  84. 2Division 2
  85. 3Division 3
  86. 4Division 4
  87. 5Division 5
  88. 6Division 6
  89. PROGRAMME IMPLEMENTATION
  90. 1Timetable
  91. Financial aspects
  93. Division
  94. FINANCIAL REPORT(Final Report Article 23.4, 24.3 and 28.2)
  95. FINAL DECLARATION OF EXPENDITURE ERF ANNUAL PROGRA(Article 23.3 and 24.3 of Council Decision)
  96. Appendix to the statement of expenditureAmounts recovered included in this declaration of expenditure
  97. (b)Division (b)
  98. Implementation and programme measures
  99. (a)Division (a)
  100. (b)Division (b)
  101. (c)Division (c)
  102. 4Division 4
  103. 5Division 5
  104. REPORT OF THE CONTROL AUTHORITY
  105. 1Division 1
  106. 2Division 2
  107. 3Division 3
  108. 4Division 4
  109. ANNEXES TO THE FINAL REPORT
  110. ADivision A
  111. BDivision B
  112. CDivision C
  113. Annex 5: EUROPEAN COMMISSION
  114. Division
  115. Annex 6: EUROPEAN COMMISSION
  116. Division
  117. DECLARATION BY RESPONSIBLE AUTHORITY
  118. EXPENDITURE BY ACTIVITY
  119. Appendix to the statement of expenditureAmounts recovered since the last declaration of expenditure included in this declaration of expenditure (grouped by measure)
  120. CERTIFICATION
  121. SCOPE OF THE EXAMINATION
  122. OBSERVATIONS
  123. CONCLUSION