# Commission Decision of 5 March 2008 laying down rules for the implementation of Decision No 575/2007/EC of the European Parliament and of the Council establishing the European Return Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ as regards Member States' management and control systems, the rules for administrative and financial management and the eligibility of expenditure on projects co-financed by the Fund (notified under document number C(2008)796) (Only the Bulgarian, Czech, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic) (2008/458/EC), Appendix ANNEX I: MODEL DESCRIPTION OF MANAGEMENT AND CONTROL SYSTEMS

Extent: E+W+S+N.I.

 Initial version
 Revised version (number, date dd/mm/year) following dialogue with the Commission
 Version revised for other reasons
MEMBER STATE:
FUND(S):
MAIN CONTACT POINT:
THE INFORMATION PROVIDED DESCRIBES THE SITUATION ON:
1.
IDENTIFICATION OF THE DESIGNATED AUTHORITIES
1.1.
General information on the designated authorities
1.1.1.
Short description of the choices made on the designation of the different authorities
1.1.2.
Indication of whether these management and control systems are operational
If not, indication of the date when they will be operational
1.1.3.
Indication of whether these management and control systems have been accredited by the Commission for other Community financial instruments (if applicable)
1.2.
Organisation chart(s) of the entire body(-ies) within which the designated authorities are functioning
1.3.
Responsible authority
1.3.1.
The date and form of the formal designation of the responsible authority
1.3.2.
Legal status of the responsible authority
1.3.3.
Specification of the functions carried out directly by the responsible authority and (if applicable and/or foreseen) by other bodies under the responsibility of the responsible authority (outsourcing of tasks, excluding the tasks entrusted to the delegated authority(ies) under point 1.4)
1.3.4.
Organisation chart and specification of the functions of the units (including the indicative number of posts allocated)
1.3.5.
Information whether the responsible authority can also act as executing body for the projects co-financed by the Fund
1.3.6.
If the responsible authority is the same for more than one of the four Funds, a description of the common functions and systems
1.4.
The delegated authority(ies)
1.4.1.
The reasons for establishing any delegated authority
1.4.2.
The date and form of the formal designation of the delegated authority(ies)
1.4.3.
Legal status of the delegated authority(ies)
1.4.4.
Specification of the functions carried out directly by the delegated authority(ies) and (if applicable and/or foreseen) by other bodies under the responsibility of the delegated authority(ies) (outsourcing of tasks)
1.4.5.
Organisation chart and specification of the functions of the units (including indicative number of posts allocated)
1.4.6.
Information whether delegated authority(ies) can also act as executing body for the projects co-financed by the Fund
1.4.7.
If the delegated authority(ies) is (are) the same for more than one of the four Funds, a description of the common functions and systems
1.5.
Certifying authority
1.5.1.
The date and form of the formal designation of the certifying authority
1.5.2.
Legal status of the certifying authority
1.5.3.
Specification of the functions carried out directly by the certifying authority and (if applicable and/or foreseen) by other bodies under the responsibility of the certifying authority (outsourcing of tasks)
1.5.4.
Organisation chart and specification of the functions of the units (including indicative number of posts allocated)
1.5.5.
If the certifying authority is the same for more than one of the four Funds, a description of the common functions and systems
1.6.
Audit authority
1.6.1.
The date and form of the formal designation of the audit authority
1.6.2.
Legal status of the audit authority
1.6.3.
Specification of the functions carried out directly by the audit authority and (if applicable and/or foreseen) by other bodies under the responsibility of the audit authority (outsourcing of tasks)
1.6.4.
Organisation chart and specification of the functions of the units (including indicative number of posts allocated)
1.6.5.
Staff qualifications for the audit authority and (if applicable and/or foreseen) of the other bodies expected to carry out audit work (outsourcing of tasks)
1.6.6.
If the audit authority is the same for more than one of the four Funds, a description of the common functions and systems
1.6.7.
If a responsible authority can also act as executing body for the projects co-financed by the Fund, a description of arrangements ensuring the independent position of the audit authority in accordance with article 8
Guidance for sections 2-4
1st part of each table
The description of the processes should include the tasks to be carried out by each of the designated authorities (or bodies under their responsibility) and the interaction between them. The description should be concise but nevertheless allow a clear understanding of how the processes would work in practice.
2nd part of each table
The checklist should be completed by indicating whether each target has been achieved or not and providing any relevant information. If the target has not been achieved, please provide an explanation and, if relevant, indicate the expected date for completion.
If procedures are formalised, a reference to the document should be included.
2.
FUNCTIONING OF DESIGNATED AUTHORITIES
2.1. Designation and supervision of the designated authorities
Short description of the process of setting up each of the designated authorities[The description should include all authorities]
Key targets
Achieved?
Comments
1
Rules governing the relations of the Member State with the designated authorities identify the respective responsibilities
Y/N
2
Member State have provided guidance to the designated authorities to ensure sound financial management (through training and/or manuals)
Y/N
3
Each authority will inform their staff of the mission statement of the organisation as well as their job description and expected results
Y/N
4
Steps have been taken to ensure that the different authorities are adequately staffed in terms of numbers, seniority and experience in order to carry out their functions
Y/N
2.2. Separation of functions
Short description of the arrangements defined to ensure a proper separation of functions[The description should include all authorities]
Key targets
Achieved?
Comments
1
Rules are defined to ensure a proper separation of functions between actors within the responsible authority for the signature of contracts/grant agreements
Y/N
2
Rules are defined to ensure a proper separation of functions between actors within the responsible authority for the initiation, verification and approval of financial transactions
Y/N
3
The audit authority will be functionally independent of the responsible authority and the certifying authority.
Y/N
4
The certifying authority will not be involved in the selection, implementation and financial transactions related to Community resources
Y/N
2.3. Monitoring of delegated authority(ies) — if applicable
Short description of the process[This description should include the responsible authority and the delegated authority(ies)]
Key targets
Achieved?
Comments
1
The tasks to be delegated are clearly defined
Y/N
2
Procedures are established concerning the delegated tasks and their compliance with the rules defined in the basic act/implementing rules has been checked
Y/N
3
Supervisory controls will take place to ensure that the tasks are carried out according to established procedures
Y/N
2.4. Monitoring of other tasks not carried out by the authorities themselves — if applicable
Short description of the process[This description should include all authorities]
Key targets
Achieved?
Comments
1
In case of bodies acting under the responsibility of the responsible authority (and not considered as delegated authorities), supervisory mechanisms are in place to ensure sound financial management
Y/N
2
In case of outsourcing of audit activities and in case of bodies acting under the responsibility of the audit authority, supervisory mechanisms are in place to ensure a common audit methodology and consistency of the audit work
Y/N
3
In case of outsourcing of certifying activities and in case of bodies acting under the responsibility of the certifying authority, supervisory mechanisms are in place to ensure a common approach to certification
Y/N
4
In case of outsourcing to private bodies without a public-service mission, mechanisms are defined to ensure that the tasks which may be entrusted do not include the exercise of public authority or require the use of discretionary powers of judgment
Y/N
3.
OPERATIONAL AND FINANCIAL PROCESSES
3.1. Establishing multi-annual programmes
Short description of the process[This description should include the responsible authority and the delegated authority(ies)]
Key targets
Achieved?
Comments
1
Arrangements are foreseen to ensure the implementation of the principle of partnership in accordance with current national rules and practices
Y/N
2
Procedures are defined to check that the multi-annual programme is consistent with the strategic guidelines and complies with Community law, in particular with Community law aiming at ensuring the free movement of persons in conjunction with the directly related flanking measures with respect to external border controls, asylum and immigration
Y/N
3
The multi-annual programme will be approved by a duly authorised person
Y/N
3.2. Establishing annual programmes
Short description of the process[This description should include the responsible authority and the delegated authority(ies)]
Key targets
Achieved?
Comments
1
Procedures are established to ensure:
consistency between the annual programmes and the multi-annual programme
the eligibility of the actions envisaged in the annual programmes
consistency and complementarity of these actions with other national and Community instruments
the compliance with the rules concerning co-financing percentage
consistency with the priorities/specific priorities stated in the strategic guidelines
Y/N
2
Procedures are established to enable the revision of an annual programme in case of duly substantiated emergency situations as described in the basic act, if applicable
Y/N
3
Procedures are established to enable the submission of a revision of an annual programme when required under Article 23(1) of this decision
Y/N
4
Any modification to the financial breakdown of an annual programme and the reasons for it is documented
Y/N
5.
Any modification in the implementation of the annual programme not relating to the financial breakdown (e.g. on nature and timing of the calls for proposals or the scope of technical assistance) and the reason for it is documented
Y/N
3.3. Establishing the audit strategy and the annual audit plans
Short description of the process[This description concerns the audit authority]
Key targets
Achieved?
Comments
1
Rules are defined to ensure a transparent and appropriate communication from the responsible authority to the audit authority on management procedures implemented and on projects prior to and throughout the programming period
Y/N
2
Procedures are established to define annual audit plans (to be annexed each year to the audit strategy) and to send them to the Commission in time (if applicable)
Y/N
3
The audit strategy and the annual audit plans are approved by a duly authorised person
Y/N
3.4. Responsible authority acting as an executing body — if applicable
Short description of the reasons leading the responsible authority to implement projects directly and the specific arrangements foreseen to strengthen the management and control systems[This description should include all authorities]
Key targets
Achieved?
Comments
1
The justification of the need for the responsible authority to implement projects will be documented and endorsed at the appropriate level
Y/N
2
Specific arrangements are put in place to ensure that the nature and the objectives of the projects comply with the provisions defined for the Fund
3
Specific arrangements are put in place in order to prevent conflict of interest for the projects implemented by the responsible authority
Y/N
4
Specific arrangements are put in place to ensure the principle of value for money is respected in the implementation of projects by the responsible authority
Y/N
5
Procedures are defined to ensure that the contractual terms governing these projects are clear and complete in particular with regard to the financing conditions, the payment terms, the eligibility rules and the obligations regarding operational and financial reporting
Y/N
6
Specific arrangements are put in place in order to ensure that the main functions of the responsible authority as provided for in the basic act are not affected in relation to the projects implemented by the responsible authority
Y/N
7
When the responsible authority acts as an executing body, the audit authority is located in another body than the responsible authority (if not, please describe the additional guarantees put in place to ensure the proper independence of the audit authority)
Y/N
8
The audit strategy will cover the specific risks which may be related to the implementation of projects by the responsible authority
Y/N
3.5. Selection and implementation of the projects (Responsible authority acting as an awarding body)
Short description of the process[This description should include the responsible authority and the delegated authority(ies)]
Key targets
Achieved?
Comments
1
In the case of call for proposals (or tenders), rules are defined to ensure open competition and adequate publicity
Y/N
2
Selection criteria will comply with the minimum criteria defined in the basic act
Y/N
3
Procedures are defined for the receipt of proposals (or tenders)
Y/N
4
Procedures are defined to ensure that the proposals (or tenders) are assessed against the predefined rules and criteria in a transparent and non-discriminatory manner
Y/N
5
The award decisions and the contracts/grant agreements will be approved by a duly authorised person
Y/N
6
Procedures are defined to ensure adequate ex-post information on the results of the selection process to the applicants
Y/N
7
Procedures are defined to ensure the monitoring of the implementation of grant agreements/contracts according to the contractual terms
Y/N
3.6. Monitoring of the projects implemented by the final beneficiaries
Short description of the process[This description should include the responsible authority and the delegated authority(ies)]
Key targets
Achieved?
Comments
1
Key operational and financial indicators will be established, monitored and communicated to the responsible authority for each project
Y/N
2
On-the-spot verifications by the responsible authority are foreseen to allow monitoring (of both the operational and financial aspects) of the projects
Y/N
3
The responsible authority will ensure that final beneficiaries make use of an appropriate accounting system in computerised form
Y/N
4
The responsible authority will ensure that final beneficiaries implement the provisions on the visibility of the EU funding
Y/N
3.7. Financial management of the project
Short description of the process[involves the responsible authority and the delegated authority(ies)]
Key targets
Achieved?
Comments
1
Financial transactions will be approved by duly authorised persons
Y/N
2
Prior to making any payments/recoveries, verifications will be carried out in particular in order to monitor:
the accuracy and the regularity of the payment request, with regard to the eligibility rules for the Fund(s)
that products and/or services co-financed by the project have actually been delivered
the accuracy, completeness and effective payment of other contributions received from public or private resources
that the results of any audit activity have been taken into account
Y/N
3
Verifications will be carried out in order to have a reasonable assurance of the legality and regularity of the underlying transactions
Y/N
4
Supervisory controls will be carried out throughout the programming period to ensure that the established financial procedures are respected.
Y/N
5
Verifications will be performed on the complementarity with other Community financial programmes in order to avoid double funding
Y/N
3.8. Irregularities, corrections and recoveries
Short description of the process[This description should include the responsible authority, the delegated authority(ies) and the certifying authority]
Key targets
Achieved?
Comments
1
Definitions of irregularities are established and comply with the Community requirements
Y/N
2
Mechanisms are in place to ensure that irregularities can be detected in due time and immediate corrective measures are taken
Y/N
3
Procedures are in place to ensure that the Commission is kept informed of irregularities detected, and if appropriate, of any corrective measure taken in accordance with the obligations set out in this decision
Y/N
4
Procedures are in place to ensure a proper follow-up of recovery orders issued and, if applicable, of default interest
Y/N
5
In case recovery orders cannot be cashed in, causes will be identified to evaluate whether Member States should reimburse the funds to the Community Budget or not
Y/N
3.9. Preparation and implementation of audit missions
Short description of the process[This description should include the audit authority and, as potential auditees, the responsible authority and the delegated authority(ies) and, as recipient of the conclusions, the certifying authority]
Key targets
Achieved?
Comments
1
The audit practice is in line with internationally accepted standards
Y/N
2
An audit manual is established for use by the auditors on the basis of the requirements defined in the basic act
Y/N
3
Audits will be carried out to verify the effective functioning of the management and control systems
Y/N
4
The checks to be carried on the eligible expenditure will be based on an appropriate sample, and will consist of at least 10 % of eligible expenses
Y/N
5
The verifications on eligible expenses will verify at least the compliance, effectiveness and efficiency of the following elements: selection procedure, objectives of the project, reality of the achievements, eligibility of the expenses, valid supporting documents for the expenses, national co-financing, audit trail
Y/N
6
A follow-up of earlier recommendations will take place on a regular basis
Y/N
7
The projects implemented by the responsible authority will be subject to robust scrutiny
Y/N
3.10. Audit report on annual programmes and related declarations
Short description of the process[This description should involved the audit authority]
Key targets
Achieved?
Comments
1
Procedures are established to consolidate the conclusions of the systems audit and the audit of projects for each annual programme
Y/N
2
Checks will be performed to assess the validity of the requests for payment
Y/N
3
Further examination will be launched in case of systemic errors or errors over the materiality threshold are detected
Y/N
4
The report and the related declarations will be approved by a duly authorised person
Y/N
3.11. Certification of expenditure
Short description of the process[involves primarily the certifying authority but also the responsible authority and the delegated authority(ies)]
Key targets
Achieved?
Comments
1
Procedures are established to ensure that the necessary information is received from the responsible authority for the purpose of certification
Y/N
2
Procedures are established to ensure that the audit report on each annual programme and the related declarations are received from the audit authority
Y/N
3
Procedures are established to ensure that recoveries are taken into account for the final declaration of expenditure and to follow on-going legal proceedings or administrative appeals with suspensive effect regarding recoveries
Y/N
4
Verifications will be performed to ensure the accuracy and completeness of the declaration of expenditure (in particular, on any interest generated by the pre-financing received from the Commission as well as its effective use as national contribution)
Y/N
5
In case of local currency, the methods used for the calculation in EUR comply with the rules defined by the Commission
Y/N
3.12. Evaluation of the programme
Short description of the process[involves the responsible authority and the delegated authority(ies)]
Key targets
Achieved?
Comments
1
The guidance documents from the Commission on evaluations are disseminated widely and made available to all potential final beneficiaries and other interested parties
Y/N
2
The key operational and financial indicators provided by the final beneficiaries to measure the achievements of the project will be recorded
Y/N
3
The responsible authority (and/or delegated authorities) will ensure that the indicators provided are appropriate to measure the outcome and results of each project
Y/N
4
Procedures are in place to ensure that the necessary evaluation will be carried out as required by the basic act
Y/N
4.
INFORMATION MANAGEMENT
4.1. Documentation on the procedures
Short description of the process[involves all authorities]
Key targets
Achieved?
Comments
1
The authorities will ensure that the established procedures referred to in Article 7 of this decision comply with national and Community law (e.g. public procurement, accounting rules, etc.)
Y/N
2
The procedures are approved by a duly authorised person
Y/N
3
The established procedures set out clear instructions concerning each of the main operations and explain the decision-making circuits concerning the performance of functions
Y/N
4
Arrangements are in place to ensure that all relevant staff is informed of the established procedures
Y/N
5
Where appropriate, these procedures include the use of check-lists summarising the key controls to be performed
Y/N
6
Arrangements are in place to ensure the protection of personal data
Y/N
4.2. Accounting and book keeping
Short description of the process[involves the responsible authority, the delegated authority(ies) and the certifying authority]
Key targets
Achieved?
Comments
1
Arrangements are in place to ensure that accounting data is complete, reliable and correct. In particular, the accounting system will allow:
a full traceability of the Community resources at the level of the final beneficiaries and projects
the identification of any interest generated by the pre-financing received from the Commission
the identification of recovery orders issued and if applicable, whether they have been cashed
Y/N
2
The accounting and financial reporting system complies with the national data protection legislation
Y/N
3
The accounting and financial reporting system to be used will be in computerised form
Y/N
4
A back-up system exists to guarantee the continuity of operations should the need arise
Y/N
5
In case of local currency, the methods used for the calculation in Euro comply with the rules defined by the Commission
Y/N
4.3. Reporting to the Commission
Short description of the process[involves all authorities]
Key targets
Achieved?
Comments
1
Reporting obligations have been identified as well as the implications for resources
Y/N
2
The established procedures allow proper, timely and complete input by the designated authorities
Y/N
3
Reports are approved by a duly authorised person
Y/N
4.4. Audit trail
Short description of the process[involves all authorities]
Where are the following documents kept?
Body/Unit in charge
How long for?
Description of the management and control systems including manual(s) of procedures
Audit strategy
National multi-annual programme and possible revisions
National annual programmes and possible revisions
European Commission Decisions on multi-annual and annual programmes
Calls for proposals/Calls for tender
Applicant files/Contract files
Administrative, technical and financial analysis of proposals/tenders received (evaluation grids) and evaluation committee reports
Funding decisions or rejections
Project funding agreements
Financial commitment decisions for each of the projects
Progress reports and final reports submitted by funding recipients
Financial reports and payment applications submitted by funded Project
Supporting documents for expenditure and revenue for funded Project
Payments/recovery authorisations for funding (proof of verifications performed)
Payments/recovery orders for funding
Proof of payments/recovery of funding
Documentation related to the sampling methodology for the audit activity
Reports on audits carried out on projects
Reports on audits carried out at national level on management and control systems
Audit reports on annual programmes
Audit opinions on the management and control systems
Audit declarations on the validity of the requests for payment
Requests for payment sent to the European Commission
Certification of expenditure sent to the European Commission
Progress implementation reports sent to the European Commission
Final implementation reports sent to the European Commission
Proof of payment received from the European Commission
Evaluation reports sent to the European Commission
5.
APPROVAL OF THE DESCRIPTION OF THE MANAGEMENT AND CONTROL SYSTEMS
Authority
Declaration
Date and signature
Responsible Authority
I certify the accuracy and completeness of the information about the identification and internal control systems of the Responsible Authority
Name:
Function:
Date:
signature
Certifying Authority
I certify the accuracy and completeness of the information about the identification and internal control systems of the Certifying Authority
Name:
Function:
Date:
signature
Audit Authority
I certify the accuracy and completeness of the information about the identification and internal control systems of the Audit Authority
and
I can confirm that what has been described provides a reliable picture of all the management and control systems
Name:
Function:
Date:
signature

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Source: https://www.legislation.gov.uk/eudn/2008/458/annex/annex/I (the official version)
Page: https://openlegislation.uk/eu-decision-2008-458/annex/annex-I
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.