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2021–2027 European Union Cohesion and Internal Security Policy Funds Implementation Act

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2021–2027 European Union Cohesion and Internal Security Policy Funds Implementation Act - content
Issuer:Riigikogu
Type:act
In force from:21.03.2022
In force until: In force
Translation published:30.06.2022

2021–2027 European Union Cohesion and Internal Security Policy Funds Implementation Act

Passed 23.02.2022

Chapter 1 General Provisions 

§ 1.  Scope of regulation and scope of application of Act

 (1) This Act regulates the implementation of the following programmes and Interreg programmes:
 1) programme ‘Programme for Cohesion Policy Funds 2021–2027’ for the investment for jobs and growth goal of the cohesion policy funds (hereinafter programme) for the purposes of Article 21 of Regulation (EU) 2021/1060 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.06.2021, pp 159–706);
 2) Interreg programme specified in Article 16 of Regulation (EU) 2021/1059 of the European Parliament and of the Council on specific provisions for the European territorial cooperation goal (Interreg) supported by the European Regional Development Fund and external financing instruments (OJ L 231, 30.06.2021, pp 94–158) (hereinafter Interreg programme);
 3) programme for the purposes of Article 16 of Regulation (EU) 2021/1147 of the European Parliament and of the Council establishing the Asylum, Migration and Integration Fund (OJ L 251, 15.07.2021, pp 1–47);
 4) programme for the purposes of Article 13 of Regulation (EU) 2021/1149 of the European Parliament and of the Council establishing the Internal Security Fund (OJ L 251, 15.07.2021, pp 94–131);
 5) programme for the purposes of Article 13 of Regulation (EU) 2021/1148 of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the Instrument for Financial Support for Border Management and Visa Policy (OJ L 251, 15.07.2021, pp 48–93).

 (2) The provisions of Chapters 1 and 2 of this Act apply to the implementation of a programme.

 (3) The provisions of Chapters 1 and 3 of this Act apply to the implementation of Interreg programmes.

 (4) The provisions of Chapters 1 and 2 of this Act apply to the implementation of the programmes for the Asylum, Migration and Integration Fund, the Internal Security Fund, and the Instrument for Financial Support for Border Management and Visa Policy (hereinafter programmes for internal security policy), considering the specifications arising from Chapter 4.

 (5) The proceedings prescribed in this Act are subject to this Act and legislation issued on the basis thereof, and as to Interreg programmes also to that imposed by a decision of the monitoring committee, and in issues not governed thereby to the European Union legislation and the Administrative Procedure Act.

§ 2.  Definitions

  In this Act, the following definitions apply:
 1) support – budgetary means of a fund financing a programme or Interreg programme specified in § 1 of this Act, and if so set out in the budget for a measure or Interreg programme, funds prescribed by the state of Estonia for co-financing the above;
 2) project – an activity or a set of related activities with an identified goal, result, budget and limited time frame for the purposes of Article 2(4) of Regulation (EU) 2021/1060 of the European Parliament and of the Council, and to which an independent identification code has been assigned in the database;
 3) beneficiary – a person or an institution whose project is funded from support, or the body implementing a financial instrument for the purposes of Article 2(9) of Regulation (EU) 2021/1060 of the European Parliament and of the Council (hereinafter financial instrument);
 4) project promotor – a structural unit of a ministry designated by a directive of the minister in charge of the policy sector or by an administrative contract for the purposes of the Administrative Co-operation Act or an authorised authority or legal person who is responsible for the performance of activities and achievement of results in the scope of the budget specified in the directive for the conditions for grant of support and who is subject to the provisions governing the beneficiary;
 5) partner – a person, an authority or an international organisation who participates in project activities and whose activities are funded from the support;
 6) final recipient – a person or an authority whose activities or project is supported by the beneficiary, the project promotor or the body implementing a financial instrument;
 7) strategic goals and basic principles approved by the Riigikogu in the long-term development strategy of the state – goals and basic principles specified in the long-term development strategy of the state according to subsection 1 of § 19 of the State Budget Act that take into account the horizontal themes specified in clause 13 of subsection 1 of § 12 of the 2014–2020 Structural Assistance Act and the horizontal principles specified in Article 9 of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

Chapter 2 Partnership Agreement and Programme 

Subchapter 1 Partnership Agreement, Programme, List of Measures and Resources Paid Back to Financial Instrument 

§ 3.  Drawing up and approval of Partnership Agreement and programme

 (1) In collaboration with ministries and the Government Office, the Ministry of Finance draws up a Partnership Agreement and a programme and holds negotiations with the European Commission in the process.

 (2) The Government of the Republic approves the Partnership Agreement and programme on the proposal of the Ministry of Finance. The Ministry of Finance submits the Partnership Agreement and programme approved by the Government of the Republic to the European Commission. An amendment to the programme that does not give rise to the need to amend the list of measures is submitted to the European Commission by the Ministry of Finance without the approval of the Government of the Republic.

§ 4.  List of measures

 (1) In collaboration with the ministries participating in the implementation of a programme, the Ministry of Finance prepares a list of measures to be taken for the purpose of implementing the programme.

 (2) The information to be established in the list of measures by bodies performing the functions of the implementing authority and implementing body is established by a regulation of the Government of the Republic.

 (3) The list of measures is approved by the Government of the Republic on the proposal of the Ministry of Finance.

§ 5.  Resources paid back to financial instrument

  On the proposal of the Ministry of Finance the Government of the Republic approves the area and goals for using the resources paid back to a financial instrument according to Article 62(2) of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

Subchapter 2 Organisation of Implementation of Programme 

§ 6.  Functions of Member State and managing authority

 (1) The Ministry of Finance fulfils the functions of a Member State provided in Regulation (EU) 2021/1060 of the European Parliament and of the Council, except for the functions specified in subsection 4 of this section and in clause 5 of subsection 2 of § 8 of this Act, and the functions specified in Articles 42, 44 and 75 of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

 (2) For the purposes of Article 71(1) of Regulation (EU) 2021/1060 of the European Parliament and of the Council, managing authority means the State Shared Service Centre who fulfils the functions of a managing authority specified in the same Regulation where the fulfilment of a function has not been assigned or delegated to another authority or body under § 7 or § 8 of this Act, the accounting functions specified in Article 76 of the same Regulation and functions specified in this Act and in legislation issued on the basis thereof.

 (3) The head of the managing authority is liable to the European Commission for the fulfilment of the functions of an intermediate body specified in Article 71(3) of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

 (4) In addition to the functions specified in subsection 2 of this section, the managing authority fulfils the functions of a Member State specified in Articles 46, 48, 69, 91, 98, 106 and 107(2) of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

§ 7.  Functions of implementing authority

 (1) The body performing the functions of the implementing authority (hereinafter implementing authority) is the ministry appointed by an order of the Government of the Republic, and the Government Office.

 (2) As an intermediate body specified in Article 71(3) of Regulation (EU) 2021/1060 of the European Parliament and of the Council, the implementing authority fulfils the following functions of the managing authority:
 1) drafts the regulation, directive or agreement concerning the conditions for grant and use of support (hereinafter conditions for grant of support) according to Article 73(1) of Regulation (EU) 2021/1060 of the European Parliament and of the Council;
 2) monitors compliance with the conditions for grant of support;
 3) arranges for evaluations according to Article 44 of Regulation (EU) 2021/1060 of the European Parliament and of the Council (hereinafter evaluation) under its responsibility;
 4) advises the implementing body in interpretation of the conditions for grant of support;
 5) proposes to the Ministry of Finance amendments to the programme and list of measures;
 6) fulfils other functions imposed on the implementing authority by this Act and legislation issued on the basis thereof.

 (3) In addition to the functions provided in subsection 2 of this section, the ministry that has been appointed as the implementing authority co-ordinates and monitors, according to its area of government, contributions by way of support to the strategic goals and basic principles approved by the Riigikogu in the long-term development strategy.

§ 8.  Functions of implementing body

 (1) The body fulfilling the functions of the implementing body (hereinafter implementing body) is the authority of executive power or legal person governed by public law or by private law set out by an order of the Government of the Republic.

 (2) As an intermediate body specified in Article 71(3) of Regulation (EU) 2021/1060 of the European Parliament and of the Council, the implementing body fulfils the following functions of the managing authority:
 1) provides information to the public and potential applicants for support on the possibility of being granted support and on the application procedure;
 2) reviews applications for support and decides on whether or not to support a project, except in the cases provided in Regulation (EU) 2021/1060 of the European Parliament and of the Council;
 3) clarifies for interested parties the conditions for grant of support;
 4) reviews documents serving as the basis for payment, including identifies compliance with the conditions serving as the basis for payment, where necessary suspends the proceedings for the elimination of shortcomings, pays the support or on the basis of a financial correction decision withholds payment;
 5) decides to revoke, in full or in part, a decision on approval of an application, except in the event specified in clause 2 of this subsection;
 6) issues a precept in the event of failure to comply or improper compliance with an obligation or a requirement and sets a new deadline for compliance or assigns additional actions;
 7) adopts a financial correction decision and demands recovery of unduly paid support, taking into account the results of an evaluation of compliance of documents serving as the basis for payment and the results of a verification carried out under subsection 2 of § 24 of this Act and the recommendations set out in the audit report by the audit authority;
 8) collects and processes data on participants in activities financed from the European Social Fund Plus according to Article 42(1) of Regulation (EU) 2021/1060 of the European Parliament and of the Council and Article 12(3) and Annex III of Regulation (EU) 2021/1056 establishing the Just Transition Fund (OJ L 231, 30.06.2021, pp 1–20);
 9) fulfils other functions imposed on the implementing body by this Act and legislation issued on the basis thereof.

 (3) The authority that is the managing authority fulfils the functions of the implementing body as a managing authority.

 (4) If the functions of the implementing body are fulfilled by a legal person governed by private law, the implementing authority may conclude an administrative contract in accordance with the rules provided in the Administrative Co-operation Act without applying subsections 2 and 3 of § 5, subsections 1 and 2 of § 6, § 13 and subsections 1 and 3 of § 14 of the Administrative Co-operation Act. Administrative supervision over such a contract is exercised by the implementing authority.

 (5) Where another authority or another legal person starts to fulfil, in part or in full, the functions of the implementing body, subsection 1 of § 112 of the Employment Contracts Act applies to the transfer of employment contracts of employees related to the fulfilment of these functions to the other authority or legal person.

§ 9.  Proper fulfilment of functions and end of fulfilment of functions

 (1) The authority appointed as the managing authority may start fulfilling functions when the audit authority has declared the work procedures of the managing authority to meet the requirements set out in Annex XI of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

 (2) The authorities appointed as the implementing authority and the implementing body may start fulfilling functions when the managing authority has assessed the work procedures of the implementing authority and the implementing body to meet the requirements set out in Annex XI of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

 (3) Where an authority or person fulfilling the function of the managing authority, the implementing authority or the implementing body continues fulfilling the functions on the basis of the 2014–2020 Structural Assistance Act, compliance of the work procedures specified in subsections 1 and 2 of this section is not regarded as a prerequisite for start of fulfilment of functions. Compliance of changes in the work procedures is evaluated.

 (4) Where an audit or a verification results in an assessment that the fulfilment of the functions of the implementing body does not meet the requirements specified in subsection 2 of this section, the Government of the Republic will appoint subsequent person to fulfil the functions of the implementing body on the proposal of the Ministry of Finance.

 (5) Fulfilment of functions on the basis of this Act ends when the obligations arising from Regulation (EU) 2021/1060 of the European Parliament and of the Council end.

Subchapter 3 Grant and Use of Support 

§ 10.  Preparation, approval and establishment of conditions for grant of support

 (1) The general conditions for applying for and using support, for the expenditure to be considered eligible and for paying support to cover it, the necessary elements of the conditions for grant of support and the procedure for approval of the draft are established by a regulation of the Government of the Republic.

 (2) The conditions for grant of support are established by the minister in charge of the policy sector by a regulation or directive or financial instrument’s funding agreement or directive. Where the implementing authority is the Government Office, the conditions for grant of support are established by a regulation of the Government of the Republic or a directive of the Secretary of State.

 (3) When concluding an administrative contract for the purposes of the Administrative Co-operation Act the conditions for grant of support may be included in the administrative contract.

 (4) The project promotor and, where necessary, the partner may be appointed by the ministry in charge of the policy sector or the Secretary of State by a directive or they may be given authorisation by an administrative contract for the purposes of the Administrative Co-operation Act.

 (5) Where in the event specified in subsection 4 of this section the project promotor or partner is a legal person governed by private law, the implementing authority may conclude with them an administrative contract in accordance with the rules provided in the Administrative Co-operation Act without applying subsections 2 and 3 of § 5, subsections 1 and 2 of § 6, § 13 and subsections 1 and 3 of § 14 of said Act. Administrative supervision over performance of such a contract is exercised by the implementing authority.

 (6) An employment programme specified in the Labour Market Services and Benefits Act is established by the Government of the Republic on the proposal of the implementing authority.

§ 11.  Specifications of review of application

 (1) If the term for submission of application has expired, the term for submission is not restored and the application is dismissed.

 (2) The person reviewing the application and the person making a decision about the application may not be a person who has been convicted of an offence related to office on the basis of a court judgment that has entered into force or on the basis of §§ 209–212, 2172 or 280 of the Penal Code and whose information concerning punishments has not been deleted and entered in the archives under the Criminal Records Database Act.

§ 12.  Reasons for decision to approve or deny application

  If a project is assessed and selected pursuant to public selection criteria and procedure and the decision to deny the application is based on a total grade or an overall assessment, no additional reasons are given for the total grade of the project or the assessments of the assessors upon motivating the decision to approve or deny the application.

§ 13.  Hearing of opinion

 (1) An applicant for support is given an opportunity to present their positions before:
 1) partial approval of the application or approval with a secondary condition;
 2) denial of the application, except in the cases the decision is based on the data submitted in the application and the information and explanations provided for elimination of shortcomings.

 (2) A beneficiary is given an opportunity to present their positions before:
 1) a precept planned for the performance of obligations related to the receipt of support or for the elimination of a shortcoming is issued;
 2) the decision to approve the application is repealed or amended, except in the case the application of the beneficiary is approved in full;
 3) a financial correction decision is made.

§ 14.  Conditions and procedure for giving advances

 (1) Where the beneficiary is not a person receiving state aid or de minimis aid or a state agency, an advance may be paid in justified cases on the conditions provided in the regulation of the Government of the Republic specified in subsection 1 of § 10 of this Act and if so provided in the conditions for grant of support.

 (2) A beneficiary receiving state aid and de minimis aid may be paid an advance on the conditions specified in Article 91(5) of Regulation (EU) 2021/1060 of the European Parliament and of the Council and if so provided in the conditions for grant of support.

 (3) The beneficiary is to prove the use of the received advance on the conditions and by the deadline provided in the regulation of the Government of the Republic specified in subsection 1 of § 10 of this Act.

Subchapter 4 Monitoring and Evaluation of Programme 

§ 15.  Monitoring of implementation of programme

 (1) The Ministry of Finance in collaboration with the managing authority, implementing authorities and implementing bodies performs the functions related to the monitoring of implementation of the programme specified in Articles 18 and 41–43 of Regulation (EU) 2021/1060 of the European Parliament and of the Council. The Ministry of Finance may give the implementing authority and implementing body guidelines and recommendations based on observations by the European Commission for implementing the programme more efficiently and will monitor whether these are taken into account.

 (2) The managing authority, implementing authorities and implementing bodies are to provide the Ministry of Finance at its request with information necessary for the fulfilment of the functions specified in subsection 1 of this section.

 (3) The managing authority is to publish the monitoring information transmitted to the European Commission as specified in Article 42(5) of Regulation (EU) 2021/1060 of the European Parliament and of the Council on the website specified in Article 49(1) of the same Regulation.

§ 16.  Monitoring committee of programme

 (1) The Ministry of Finance is responsible for setting up the monitoring committee of a programme specified in Article 38 of Regulation (EU) 2021/1060 of the European Parliament and of the Council and is to arrange for the clerical business of the monitoring committee, including preparation of materials in co-operation with the managing authority and implementing authorities and taking minutes of the meetings of the monitoring committee.

 (2) The monitoring committee of a programme performs the functions specified in Article 40 of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

§ 17.  Evaluation of programme

 (1) The Ministry of Finance is to organise evaluations covering an entire programme and evaluations across areas of government according to Article 44 of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

 (2) Implementing authorities and implementing bodies are to provide the Ministry of Finance at its request with information necessary for evaluations of a programme according to Articles 44 and 45 of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

 (3) An implementing authority is to arrange within its area of government evaluations of a programme included in the evaluation plan specified in subsection 4 of this section, taking into account recommendations by the monitoring committee of the programme.

 (4) The Ministry of Finance is to draw up, in cooperation with the managing authority and the implementing authorities, an evaluation plan according to Article 44(5) of Regulation (EU) 2021/1060 of the European Parliament and of the Council for evaluations specified in subsection 1 of this section and is to submit it to the monitoring committee of the programme for approval.

 (5) Final reports on evaluations according to the evaluation plan are to be published by the managing authority on the website specified in Article 49(1) of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

 (6) The Ministry of Finance is to submit evaluation conclusions and recommendations as well as information about taking them into account to the monitoring committee of the programme. The implementing authority is to submit the evaluation conclusions and recommendations as well as information about taking them into account as specified in subsection 3 of this section to the Ministry of Finance.

 (7) Evaluations are carried out by experts independent of the administration implementing the programme and auditing.

Subchapter 5 Retention of Documents, Processing of Data, Access to Data and Informing of the Public 

§ 18.  Retention of documents

 (1) Documents and other evidence related to the grant and use of support are to be retained according to Article 82(1) of Regulation (EU) 2021/1060 of the European Parliament and of the Council for five years from 31 December of the year in which the final payment to the beneficiary is made, unless it arises otherwise from state aid rules.

 (2) The time limit for retention of documents and other evidence arising from subsection 1 of this section is interrupted in the cases specified in Article 82(2) of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

§ 19.  Processing of information

 (1) The persons fulfilling the functions set out in §§ 6–8 and 27 of this Act and persons involved in the fulfilment of these functions may process and exchange between themselves information and documents concerning applicants for support and beneficiaries and other information and documents received in the course of proceedings for the fulfilment of functions specified in this Act and legislation established on the basis thereof.

 (2) Persons specified in subsection 1 of this section may not, during or following their service relationship or employment relationship or performance of a contract under the law of obligations, disclose state or business secrets or information subject to banking secrecy, classified foreign information, data related to the family and private life of other people, which have become known to them due to the performance of their functions, or other information designated for internal use.

 (3) Data of a participant in project activities as set out in Article 17 and Annexes I and II of Regulation (EU) 2021/1057 of the European Parliament and of the Council establishing the European Social Fund Plus (ESF+) and repealing Regulation (EU) 1296/2013 (OJ L 231, 30.06.2021, pp 21–59) and in Article 12(3) and Annex III of Regulation (EU) 2021/1056 of the European Parliament and of the Council are to be collected and processed by the beneficiary, partner and authority or person fulfilling the relevant function.

 (4) For the purpose of interviewing and data processing, the Ministry of Finance and the implementing authority may give the persons carrying out the evaluation specified in § 17 of this Act access to the names, personal identification codes and contact details of the applicants for support, beneficiaries, final recipients and persons participating in activities on the basis of the conditions for grant of support.

 (5) In the course of evaluation, at the request of the Ministry of Finance or the implementing authority, the beneficiary and partner are to provide the persons carrying out the evaluation of programme with information about the use of the support according to the conditions for grant of support and about project results.

§ 20.  Disclosure of data related to applying for and grant of support

 (1) Before the entry into force of the decision to approve or deny an application only statistical reviews may be disclosed about the applicants for support and applications, unless it arises otherwise from this section.

 (2) By way of derogation from subsection 1 of this section, except where the data are classified as restricted information on the basis of another Act, data related to the application of a holder of information specified in § 5 of the Public Information Act may be disclosed.

 (3) Data concerning an application denied, except for the data related to an application specified in subsection 2 of this section and statistical data, are not to be disclosed until 31 December 2032. The contact details of an applicant for support may be disclosed for carrying out an evaluation specified in § 17 of this Act.

 (4) Data that need not be disclosed by the managing authority according to Article 49(3) of Regulation (EU) 2021/1060 of the European Parliament and of the Council are to be disclosed in accordance with the rules provided in the Public Information Act, taking into account the specifications provided in this Act.

 (5) The name of the person evaluating an application for support from a project and the evaluation given for a project may be disclosed in a manner that ensures that the name of the person giving the evaluation and the evaluation cannot be associated with each other.

 (6) The documents on the preparation of an audit and verification, including verification or audit plans, risk assessments or sampling, are not be disclosed before the carrying out of the audit and verification.

 (7) The managing authority is to disclose on its website the beneficiary specified in a financial correction decision, a short description of the circumstances serving as the basis for the decision, the amount of reduced or recovered support and the name of the authority that has made the decision.

 (8) An applicant for support and a beneficiary have the right to access information included in the documents prepared with regard to them or information integrally related to them, taking into account the condition provided in subsection 5 of this section.

§ 21.  Support administration register

 (1) The support administration environment is a database (hereinafter register) where data are processed for the fulfilment of the function specified in point (e) of Article 72(1) of Regulation (EU) 2021/1060 of the European Parliament and of the Council and for making statistical reviews.

 (2) In addition to the data specified in subsection 1 of this section, the data specified in subsection 3 of § 19 of this Act are processed in the register.

 (3) Information and documents related to applying for and use of support are to be submitted via the e-support environment of the register.

 (4) The persons fulfilling the functions specified in §§ 6–8, subsection 3 of § 17, and § 27 of this Act are to enter in the register, through the information system, information and documents created or received upon the fulfilment of functions.

 (5) The statutes of the register are established by a regulation of the Government of the Republic.

 (6) The controller and processor of the register are designated in the statutes of the register.

§ 22.  Communication activities

 (1) The managing authority, the Ministry of Finance, the implementing authority and the implementing body are to fulfil the functions related to the communication activities of a programme pursuant to the communication strategy set out in the programme. The managing authority may give the Ministry of Finance, the implementing authority and the implementing body guidelines for carrying out the communication strategy of a programme more efficiently and monitor whether these are taken into account.

 (2) The requirements and procedure for marking objects financed from support and for referring to the involvement of the European Union are established by a regulation of the Government of the Republic.

Subchapter 6 Verification and Audit of Project and Performance of Functions of Implementing Authority and Implementing Body 

§ 23.  Object of verification

 (1) When verifying the use of support in a project, compliance with the obligations and requirements related to the receipt of support are evaluated.

 (2) When verifying the activities of the implementing authority and the implementing body as an intermediate body for the purposes of point (d) of Article 72(1) of Regulation (EU) 2021/1060 of the European Parliament and of the Council, the managing authority evaluates compliance with a function or requirement arising from this Act or legislation issued on the basis thereof or from national or European Union legislation.

§ 24.  Controllers and persons subject to verification

 (1) The managing authority is to verify the circumstances specified in § 23 of this Act on the spot at the location of the implementing authority and implementing body and, where necessary, at the location of the beneficiary and partner. The managing authority may involve the implementing authority in the verification of the implementing body.

 (2) The implementing body is to verify the circumstances specified in subsection 1 of § 23 of this Act at the location of the beneficiary and partner.

 (3) In order to verify the information submitted upon application for support, the implementing body has the rights specified in subsection 1 and clause 1 of subsection 2 of § 25 of this Act.

 (4) The verification is to be carried out by an official or employee authorised for said purpose (hereinafter in this Subchapter controller).

 (5) At the request of the person subject to verification the controller is required to produce a document certifying the authorisation.

§ 25.  Rights of controller

 (1) The controller has the right to:
 1) get access to information related to the fulfilment of functions and obligations and grant and use of support, including information related to receipt and payment of money, regardless of the data carrier, to management decisions, accounting and assets;
 2) receive copies, transcripts and extracts of documents or other evidence, including extracts from the accounting programme and bank account statements;
 3) receive information and documents from the final recipient or person related to the project in the event the documents or other evidence are not available at the location of the person subject to verification or where there is a suspicion that the information provided is not accurate;
 4) request written and oral explanations from the representative of the person subject to verification.

 (2) Upon verification of the project, in addition to the rights specified in subsection 1 of this section, the controller has the right to:
 1) stay in a room and territory related to the project and examine the object created by means of the support, make inventories of the goods, materials and other property and take photographs or otherwise record the territory, buildings and objects observed;
 2) request information and documents from the provider of a loan that serves as the basis for a guarantee according to Article 81(1) of Regulation (EU) 2021/1060 of the European Parliament and of the Council if the beneficiary has not made them available or if there is a suspicion that the information submitted for verification is not accurate.

 (3) Upon verification of the implementing authority and implementing body the managing authority has the right to give recommendations for the fulfilment of a function or compliance with a requirement and impose follow-up activities, providing a deadline for compliance, where necessary.

§ 26.  On-the-spot verification

 (1) The person subject to verification is to be notified of an on-the-spot verification in advance, except in the case advance notification is incompatible with the objective of the verification.

 (2) A verification record is to be drawn up on the on-the-spot verification and in the event of any shortcomings these are to be described in the record. The controller may set a deadline in the verification record for the elimination of the shortcomings. Failure to eliminate the shortcomings will prompt the initiation of financial correction proceedings.

§ 27.  Audit

 (1) For the purposes of Article 71(1) of Regulation (EU) 2021/1060 of the European Parliament and of the Council, audit authority means the Ministry of Finance.

 (2) The audit authority is to perform the functions of an audit authority provided in Regulation (EU) 2021/1060 of the European Parliament and of the Council, this Act and legislation issued on the basis thereof. The audit authority may authorise a legal person or an authority of executive power to carry out an audit.

 (3) For the performance of their functions, the audit authority and a person or authority authorised thereby have the right to audit the fulfilment of the functions specified in §§ 6–8 of this Act and the beneficiary’s project and to obtain access to information related to the fulfilment of functions and obligations of the beneficiary and the partner and to the use of support, including accounting, to make copies of the evidence for taking along, to ask questions from the beneficiary and the partner and to stay in the premises and territory related to the project of the beneficiary and the partner.

 (4) For evaluating the lawfulness of the use of support, a person and authority authorised by the audit authority and a person or authority authorised thereby have the right to access information related to the provision of a guarantee to the final recipient from the financial instrument according to Article 81(3) and (4) of Regulation (EU) 2021/1060 of the European Parliament and of the Council, including accounting, and, for taking along, to make copies of the evidence at the location of the provider of loan that serves as the basis for the guarantee.

 (5) The procedure for audits according to Article 77(1) of Regulation (EU) 2021/1060 of the European Parliament and of the Council and for drawing up an opinion of the audit authority and the annual audit report specified in Article 77(3) and for preparing an audit strategy specified in Article 78 of the same Regulation is established by a regulation of the Government of the Republic.

Subchapter 7 Financial Correction 

§ 28.  Financial correction and recovery of support

 (1) A financial correction decision to reduce in full or in part or to recover support is made in accordance with Article 103 of Regulation (EU) 2021/1060 of the European Parliament and of the Council and according to the regulation specified in subsection 2 of this section.

 (2) The grounds for making and scope of a financial correction and the formal requirements for a financial correction decision are established by a regulation of the Government of the Republic.

 (3) A financial correction decision may be made within four years from the final payment to the beneficiary or within three years from the final deadline of the project duration requirement, whichever is later. In cases of identification of unlawful or misused state aid the decision to recover support may be made within ten years from the grant of state aid. Council Regulation (EC, EURATOM) 2988/95 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, pp 1–4) provides guidance on the limitation period of making of a financial correction decision.

§ 29.  Repayment of support and interest

 (1) A beneficiary is to repay support recovered by a financial correction decision within 60 calendar days and in the event of a claim specified in subsection 2 of this section within four months as of the date of entry into force of the decision.

 (2) The recovery of unlawful and misused state aid is governed by the provisions of § 42 of the Competition Act, unless otherwise provided by EU law.

 (3) Support to be repaid may be set off against support subject to payment within the framework of the same project, except in the event of a recovery specified in subsection 2 of this section.

 (4) The implementing body may postpone the repayment of support on the basis of a reasoned application of the beneficiary where lump-sum payment puts the beneficiary to substantial payment difficulties, except in the event of a recovery under subsection 2 of this section. Upon postponement interest is applied, except in the cases specified in subsection 2 of § 30 of this Act, from the day following the due date specified in subsection 1 of this section. The interest rate on the remainder of the amount of support to be repaid is six months’ Euribor plus an annual rate of three per cent. The six months’ Euribor is taken as of the banking day preceding the making of the decision on postponement. The basis for interest calculation is a period of 360 days. In the event of negative Euribor aggregate percentage rates below one are not applied.

 (5) If the beneficiary fails to repay the support pursuant to the postponement schedule, the implementing body may revoke the decision on postponement. In the case of revocation of the decision on postponement, the beneficiary is to repay the support within 30 calendar days as of the entry into force of the decision on revocation of the decision on postponement. The beneficiary is to pay the interest specified in subsection 4 of this section as of the entry into force of the decision on postponement of support until the repayment of support, but for no longer than the due date for repayment specified in this subsection.

 (6) The conditions of postponement of repayment of support are established by a regulation of the Government of the Republic.

 (7) The financial correction decision on support to be repaid is an enforceable title for the purposes of clause 21 of subsection 1 of § 2 of the Code of Enforcement Procedure. Where the support to be repaid is not repaid within the term and it cannot be set off according to subsection 3 of this section, the authority that has made the financial correction decision places the decision for compulsory enforcement pursuant to the procedure provided in the Code of Enforcement Procedure.

§ 30.  Interest on account of late payment

 (1) If support is not repaid by the due date for repayment, the beneficiary is to pay interest on account of late payment of 0.06 per cent for each calendar day by which repayment is delayed. Calculation of interest on account of late payment ends when the amount of the interest on account of late payment exceeds the amount of the support recovered which serves as the basis for calculation of the interest on account of late payment.

 (2) Interest on account of late payment is not claimed from a state agency, implementing body and a person authorised to perform an administrative duty of the state in using or intermediating support, except where the European Commission demands payment of interest on account of late payment from the state. In such a case the state claims interest on account of late payment to the extent of the amount of interest on account of late payment paid to the European Commission.

 (3) In a justified exceptional case the amount of interest on account of late payment may be reduced with the consent of the managing authority by up to 50 per cent as of the due date for repayment.

 (4) The payment received upon repayment of support is considered to first cover the support subject to recovery, then the interest and lastly the interest on account of late payment.

Subchapter 8 Challenge Proceedings 

§ 31.  Challenge proceedings

 (1) When challenging a decision issued or an action performed on the basis of this Act the applicant for support, the beneficiary, the project promotor and the body implementing a financial instrument are required to complete challenge proceedings before filing a claim with the administrative court where the person has the right to file a challenge according to the Administrative Procedure Act. Compulsory challenge proceedings are not applied to challenging of a decision made on the basis of an audit report.

 (2) A challenge is to be adjudicated within 30 calendar days as of the filing of the challenge with the authority adjudicating the challenge specified in § 32 of this Act. The term for adjudicating the challenge may be extended pursuant to subsection 2 of § 84 of the Administrative Procedure Act.

§ 32.  Challenge body

 (1) Where a challenge is filed against a decision or action of the managing authority, the challenge is to be adjudicated by the authority that is the managing authority.

 (2) Where a challenge is filed against a decision or action of the implementing authority, the challenge is to be adjudicated by the authority that is the implementing authority.

 (3) Where a challenge is filed against a decision or action of the implementing body, the challenge is to be adjudicated by the authority or legal person that is the implementing body, taking into account the provisions of subsection 3 of § 8 of this Act, except where the conditions for grant of support set out the ministry that is the implementing authority or the Government Office as the body adjudicating a challenge related to application for support.

 (4) The authority that is the implementing body may be the body adjudicating a challenge if it is a government authority or a state foundation.

Chapter 3 Implementation of Interreg Programmes 

Subchapter 1 Programmes, Allocation of Financial Resources, and Functions 

§ 33.  Drawing up and approval of programme and allocation of financial resources

 (1) The Ministry of Finance represents Estonia in negotiations over the drawing up of an Interreg programme with the states participating in the programme, the relevant authority and the European Commission and enters into agreements related to the implementation of the Interreg programme on behalf of Estonia.

 (2) The Government of the Republic approves the information specified in Article 16(5) of Regulation (EU) 2021/1059 of the European Parliament and of the Council on the proposal of the minister in charge of the policy sector.

 (3) If the managing authority of the Interreg programme is located in Estonia, the Ministry of Finance is to submit the Interreg programme to the European Commission after having received the consents specified in Article 16(5) of Regulation (EU) 2021/1059 of the European Parliament and of the Council.

 (4) The allocation of resources pursuant to Article 9(4) and (5) of Regulation (EU) 2021/1059 of the European Parliament and of the Council between components specified in Article 3(1) and (2) is to be decided by the minister in charge of the policy sector who is to submit the information to that effect to the European Commission.

 (5) Allocation of support specified in Article 12(3) of Regulation (EU) 2021/1059 of the European Parliament and of the Council to the cross-border cooperation programmes specified in point (a) of Article 3(1) is to be decided by the minister in charge of the policy sector.

 (6) A financing agreement or an implementing agreement specified in points (a) and (b) of Article 59(4) of Regulation (EU) 2021/1059 of the European Parliament and of the Council with the European Commission and the partner country is to be signed by the minister in charge of the policy sector.

§ 34.  Fulfilment of functions of Member State, managing authority, secretariat, audit authority and controller

 (1) The Ministry of Finance performs the functions of a Member State related to the implementation of an Interreg programme as provided in Regulations (EU) 2021/1060 and (EU) 2021/1059 of the European Parliament and of the Council.

 (2) For the purposes of Article 45(1) and Article 46 of Regulation (EU) 2021/1059 of the European Parliament and of the Council, the managing authority means the State Shared Service Centre.

 (3) For the purposes of Article 46(2) of Regulation (EU) 2021/1059 of the European Parliament and of the Council, the joint secretariat means the State Shared Service Centre.

 (4) Where the managing authority located in Estonia sets up an information or contact point, the managing authority may conclude an administrative contract in accordance with the rules provided in the Administrative Co-operation Act for the purpose of setting up the information or contact point and assigning its rights and obligations.

 (5) For the purposes of Article 45(1) and Article 48 of Regulation (EU) 2021/1059 of the European Parliament and of the Council, the audit authority means the Ministry of Finance.

 (6) Subsections 2–5 of this section are applied where, pursuant to the Interreg programme, Estonia performs the functions of the managing authority, secretariat or audit authority specified in Regulation (EU) 2021/1060 of the European Parliament and of the Council and Regulation (EU) 2021/1059 of the European Parliament and of the Council.

 (7) Where the verification specified in Article 46(3) of Regulation (EU) 2021/1059 of the European Parliament and of the Council is arranged by the Member State, the functions of the controller are fulfilled by the State Shared Service Centre.

 (8) Where a managing authority located outside of Estonia sets up an information or contact point in Estonia, the functions of the information or contact point are fulfilled by the State Shared Service Centre.

 (9) Where the Ministry of Finance sets up an information or contact point of an Interreg programme the functions of the information or contact point are fulfilled by the State Shared Service Centre or another legal person authorised by the minister in charge of the policy sector by an administrative contract for the purposes of the Administrative Co-operation Act.

 (10) Where the information or contact point specified in subsections 4 and 9 of this section is a legal person with whom an administrative contract for the purposes of the Administrative Co-operation Act is concluded, subsections 2 and 3 of § 5, subsections 1 and 2 of § 6, § 13 and subsections 1 and 3 of § 14 of the Administrative Co-operation Act are not applied.

 (11) The monitoring committee specified in Article 28 of Regulation (EU) 2021/1059 of the European Parliament and of the Council and the Estonian members of the steering committee specified in Article 22(1) of Regulation (EU) 2021/1059 of the European Parliament and of the Council are appointed by a directive of the minister in charge of the policy sector or an official authorised thereby.

 (12) The Estonian members of the group of auditors specified in Article 48(1) of Regulation (EU) 2021/1059 of the European Parliament and of the Council are appointed by a directive of the minister in charge of the policy sector or an official authorised thereby.

 (13) The fulfilment of the functions of the managing authority, audit authority, secretariat and controller ends with the termination of the obligations arising from Regulations (EU) 2021/1059 and (EU) 2021/1060 of the European Parliament and of the Council or other legislation.

§ 35.  Grant and use of support

  The conditions of granting, applying for and using support, considering expenditure to be eligible, paying support and marking objects funded from the support and referring to the involvement of the European Union are established in accordance with European Union and national legislation, the programme guide approved by the monitoring committee of the programme, and that provided by the support agreement or decision on approval of application.

§ 36.  Applying for support and review of application

 (1) At the request of the Ministry of Finance, an applicant for support and a partner are required to prove that they meet the conditions provided in the Interreg programme or decisions of the monitoring committee of the Interreg programme and submit additional information and documents for verification of the information submitted in the application.

 (2) At the request of the Ministry of Finance, the ministry of the respective policy sector and an agency thereof and the Government Office are required to submit their opinion on the application and on the partner where this is necessary for reviewing the application.

 (3) Motivation of a decision to approve or deny an application is subject to § 12 of this Act.

 (4) Hearing of opinion is subject to subsection 1 of § 13 of this Act.

Subchapter 2 Processing and Retention of Data and Disclosure of Data 

§ 37.  Retention of documents

  Retention of documents is subject to § 18 of this Act.

§ 38.  Processing of information

 (1) The persons fulfilling the functions specified in § 34 of this Act and persons involved in the fulfilment of these functions may process and exchange between themselves information and documents concerning applicants for support and beneficiaries and other information and documents received in the course of proceedings for the fulfilment of the functions specified in this Act and legislation established on the basis thereof.

 (2) Persons specified in subsection 1 of this section may not, during or following their service relationship or employment relationship or performance of a contract under the law of obligations, disclose state or business secrets, classified foreign information, data related to the family and private life of other people, which have become known to them due to the performance of their functions, or other information designated for internal use.

 (3) The Ministry of Finance and the managing authority may conduct Interreg programme evaluations, studies and analyses by using the data composition determined in the conditions for grant of support, including personal data and special types of personal data.

 (4) In the course of evaluation, at the request of the Ministry of Finance or the managing authority, the beneficiary and partner are to provide the persons conducting the Interreg programme evaluation, study or analysis with information about the use of the support according to the conditions for grant of support and about project results.

§ 39.  Disclosure of data related to applying for and grant of support

 (1) Disclosure of data related to applying for and grant of support is subject to the provisions of § 20 of this Act, taking into account the specifications provided in subsections 2 and 3 of this section.

 (2) Data concerning an application denied, except for the data related to the application of a holder of information specified in subsections 1 and 2 of § 5 of the Public Information Act and statistical data, are not to be disclosed until 31 December 2032. The contact details of an applicant for support may be disclosed for carrying out an evaluation according to Articles 44 and 45 of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

 (3) Data that need not be disclosed according to Article 36 of Regulation (EU) 2021/1059 of the European Parliament and of the Council are to be disclosed in accordance with the rules provided in the Public Information Act, taking into account the specifications provided in this Act.

§ 40.  Support administration environment

 (1) The support administration environment is a database where data are processed for the fulfilment of the function referred to in point (e) of Article 72(1) of Regulation (EU) 2021/1060 of the European Parliament and of the Council and for making statistical reviews.

 (2) Information and documents related to applying for and use of support are to be submitted via the support administration environment.

 (3) The persons fulfilling the functions specified in subsections 2–5 and 7–9 of § 34 of this Act are to enter in the support administration environment information and documents created or received upon the fulfilment of functions.

 (4) The statutes of the database are established by a regulation of the minister in charge of the policy sector.

 (5) The controller and processor of the database are designated in the statutes of the database.

Subchapter 3 Project Verification 

§ 41.  Object of verification and controllers

 (1) When verifying the use of support in a project, compliance with the obligations and requirements related to the receipt of support set out in the conditions for the grant and use of support, European Union and national legislation, programme guide, support agreement and decision on the grant of support is evaluated.

 (2) The verification is carried out by an official or employee authorised for said purpose.

 (3) At the request of the person subject to verification the controller is required to produce a document proving the authorisation.

 (4) The controller has the rights specified in subsection 1 and clause 1 of subsection 2 of § 25 of this Act.

 (5) On-the-spot verification is subject to § 26 of this Act.

§ 42.  Audit

 (1) The audit authority is to fulfil the functions provided in Article 48 of Regulation (EU) 2021/1059 of the European Parliament and of the Council, this Act and legislation issued on the basis thereof.

 (2) For the fulfilment of the functions of the audit authority, the audit authority has the right to audit the authorities specified in subsections 2–4 and 7–9 of § 34 of this Act and the beneficiary’s project and to obtain access to information related to the fulfilment of the functions and obligations of the auditee and the partner and to the use of support, including accounting, to make copies of the evidence for taking along, to ask questions from the auditee and the partner and to stay in the premises and territory of the auditee and the partner.

 (3) The procedure for audits according to Article 48(2) of Regulation (EU) 2021/1059 of the European Parliament and of the Council and for drawing up an opinion of the audit authority specified in paragraph 5 of the same Article and the annual audit report specified in paragraph 6 of the same Article, and the audit strategy specified in Article 78 of Regulation (EU) 2021/1060 of the European Parliament and of the Council are established by a regulation of the Government of the Republic.

Subchapter 4 Financial Correction 

§ 43.  Financial correction

 (1) The making of a financial correction decision is to be based on the procedure for making a financial correction decision established in the Interreg programme.

 (2) The financial correction decision on support to be repaid is an enforceable title for the purposes of clause 21 of subsection 1 of § 2 of the Code of Enforcement Procedure. If the support to be repaid is not repaid within the term, the authority that has made the financial correction decision places the decision for compulsory enforcement pursuant to the procedure provided in the Code of Enforcement Procedure.

Subchapter 5 Challenge Proceedings 

§ 44.  Challenge proceedings

  Challenge proceedings are subject to the provisions of § 31 of this Act.

§ 45.  Challenge body

 (1) Where a challenge is filed against a decision or action of the managing authority, the challenge is to be adjudicated by the authority that is the managing authority.

 (2) Where a challenge is filed against a decision or action of the controller, the challenge is to be adjudicated by the authority that is the controller.

Chapter 4 Implementation of Programmes of Internal Security Policy 

§ 46.  Drawing up and approval of programmes of internal security policy

 (1) In collaboration with ministries and the Government Office, the Ministry of the Interior draws up programmes of internal security policy and holds negotiations with the European Commission.

 (2) The Government of the Republic approves programmes of internal security policy on the proposal of the Ministry of the Interior. The Ministry of the Interior submits the programmes of internal security policy approved by the Government of the Republic to the European Commission.

 (3) An amendment to a programme of internal security policy that need not be approved by the European Commission according to Regulation (EU) 2021/1060 of the European Parliament and of the Council is to be approved by the Ministry of the Interior.

§ 47.  Drawing up and approval of financing plan

 (1) In collaboration with the ministries participating in the implementation programmes of internal security policy, the Ministry of the Interior draws up a financing plan for implementing the programmes of internal security policy.

 (2) Information to be set out in the financing plan is established by a regulation of the Government of the Republic.

 (3) The financing plan is to be approved by the minister in charge of the policy sector.

§ 48.  Fulfilment of functions of Member State, managing authority, implementing authority and implementing body

 (1) As to the Asylum, Migration and Integration Fund and the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (hereinafter internal security policy funds), the functions of the Member State and managing authority are fulfilled by the Ministry of the Interior.

 (2) As to the internal security policy funds, the functions of the implementing authority are fulfilled by the Ministry of the Interior. The provisions of clause 5 of subsection 2 of § 7 of this Act do not apply to the Ministry of the Interior.

 (3) As to the internal security policy funds, the functions of the implementing body are fulfilled by the Ministry of the Interior or another authority of executive power or legal person governed by public law or by private law set out in the financing plan. In addition, the implementing body collects data on activities funded from the internal security policy funds to comply with point (e) of Article 72(1) of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

§ 49.  Proper fulfilment of functions

 (1) The Ministry of the Interior may start fulfilling the functions assigned or delegated to it according to § 48 of this Act once the audit authority has declared the work procedures of the Ministry of the Interior to comply with the requirements specified in Annex XI of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

 (2) Where the Ministry of the Interior continues fulfilment of the functions specified in § 48 of this Act, the assessment of compliance of work procedures as required in subsection 1 of this section is not applied as a prerequisite for starting fulfilment of functions. Compliance of changes in the work procedures is evaluated.

 (3) Where the functions of the implementing body are not fulfilled by the Ministry of the Interior, the authority or person appointed as the implementing body may start fulfilling the functions once the Ministry of the Interior has assessed the work procedures of the implementing body to comply with the requirements provided in Regulation (EU) 2021/1060 of the European Parliament and of the Council and in this Act and legislation issued on the basis thereof.

 (4) Where in the event specified in subsection 3 of this section an audit or a verification results in an evaluation that the fulfilment of the functions of the implementing body does not meet the requirements set out in subsection 3, the minister in charge of the policy sector will appoint subsequent person to fulfil the functions of the implementing body in the financing plan specified in subsection 3 of § 47 of this Act.

§ 50.  Preparation and establishment of conditions for grant of support

  The general conditions for applying for and using support in implementing programmes of internal security policy, for the expenditure to be considered eligible and for paying support to cover it, the necessary elements of the conditions for grant of support and the procedure for approval of the draft are established by the regulation of the Government of the Republic specified in subsection 1 of § 10 of this Act.

§ 51.  Beneficiary

  As to internal security policy funds the beneficiary is a legal person, an authority or an international organisation for financing of whose project support is granted, and the body implementing the financial instrument for the purpose of Article 2(9) of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

§ 52.  Monitoring of implementation of programmes of internal security policy

 (1) The Ministry of the Interior fulfils functions related to performance review, collection and processing of data and preparation of a performance report specified in Articles 41–43 of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

 (2) If the functions of the implementing body are not fulfilled by the Ministry of the Interior:
 1) the Ministry of the Interior may give, on its own initiation, the implementing body guidelines and recommendations based on observations by the European Commission for implementing the programmes of internal security policy more efficiently, and monitor whether these are taken into account;
 2) the implementing body collects and processes the data specified in subsection 3 of § 48 of this Act and provides the Ministry of the Interior, at its request, with information necessary for the fulfilment of the functions specified in subsection 1 of this section and clause 1 of this subsection.

§ 53.  Setting up monitoring committee

  The Ministry of the Interior is responsible for setting up a monitoring committee of the programme specified in Article 38 of Regulation (EU) 2021/1060 of the European Parliament and of the Council and is to ensure the administration of the monitoring committee, including preparation of materials and taking minutes of the meetings of the monitoring committee.

§ 54.  Evaluation of programmes of internal security policy

 (1) The Ministry of the Interior is to organise evaluations of programmes of internal security policy according to Article 44 of Regulation (EU) 2021/1060 of the European Parliament and of the Council, taking into account recommendations by the monitoring committee.

 (2) Where the functions of the implementing body are not fulfilled by the Ministry of the Interior, the implementing body is to provide the Ministry of the Interior at its request with information necessary for evaluations of programmes according to Articles 44 and 45 of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

 (3) In evaluating the programmes of internal security policy the Ministry of the Interior fulfils the following functions:
 1) prepares an evaluation plan specified in Article 44(5) of Regulation (EU) 2021/1060 of the European Parliament and of the Council for evaluations specified in subsections 1 and 2 of this section and submits it to the monitoring committee for approval;
 2) provides the monitoring committee with information about evaluation conclusions and recommendations as well as about taking them into account;
 3) publishes final evaluation reports on the website referred to in Article 49(1) of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

 (4) Evaluations are carried out by experts independent of the administration implementing the programmes of internal security policy and auditing.

 (5) For the purpose of interviewing and data processing, the Ministry of the Interior may give the persons carrying out the evaluation set out in this section access to the names, personal identification codes and contact details of the applicants for support, beneficiaries, final recipients and persons participating in activities on the basis of the conditions for grant of support.

 (6) In the course of evaluation, at the request of the Ministry of the Interior, the beneficiary and partner are to provide the persons carrying out the evaluation with information about the use of the support according to the conditions for grant of support and about project results.

§ 55.  Processing of information

 (1) In processing information related to the grant of support, the persons fulfilling the functions specified in § 48 and subsection 1 of § 59 of this Act and the persons involved in the fulfilment of these functions are subject to the provisions of subsections 1 and 2 of § 19.

 (2) Data on participants in project activities supported from the resources of the internal security policy funds are collected and processed by the beneficiary, partner and authority or person fulfilling the relevant function, who are to submit the data to the implementing body.

§ 56.  Submission of data in register

  The information and documents specified in subsection 3 of § 21 are also to be entered in the register specified in § 21 of this Act by the persons fulfilling the functions specified in § 48 and the auditor, unless otherwise provided in the conditions for grant of support.

§ 57.  Communication activities

 (1) Communication activities of the internal security policy funds are described in the programmes of internal security policy.

 (2) The requirements and procedure for marking objects funded from the support of the internal security policy funds and for referring to the involvement of the European Union are established by the Government of the Republic in the regulation issued on the basis of subsection 2 of § 22 of this Act.

§ 58.  Verification of project and fulfilment of functions of implementing body

 (1) In verifying the use of support in a project of an international organisation Article 20 of Regulation (EU) 2021/1147 of the European Parliament and of the Council, Article 18 of Regulation (EU) 2021/1148 of the European Parliament and of the Council, and Article 17 of Regulation (EU) 2021/1149 of the European Parliament and of the Council are to be relied upon.

 (2) Subsection 2 of § 23, subsection 1 of § 24 and subsection 3 of § 25 of this Act are applied in cases where the Ministry of the Interior is not the implementing body.

§ 59.  Audit

 (1) As to the internal security policy funds, the functions of the audit authority are fulfilled by the structural unit of the Ministry of the Interior in charge of internal audit.

 (2) For the fulfilment of the functions of the audit authority, the audit authority and a person and authority authorised thereby have the right to audit the beneficiary and the fulfilment of the functions of the managing authority, implementing authority and implementing body specified in § 48 of this Act and the functions specified in § 49 of this Act and to obtain access to information related to the fulfilment of functions and obligations of the auditee and the partner and to the use of support, including accounting, to make copies of the evidence for taking along, to ask questions from the auditee and the partner and to stay in the premises and territory of the auditee and the partner.

 (3) Audit of the internal security policy funds is not subject to the regulation specified in subsection 5 of § 27 of this Act. In planning and conducting audits and drawing up reports and in announcing audit results the audit authority of the internal security policy funds is to rely upon the audit strategy, handbook on auditing the internal security policy funds, internationally recognised audit standards, the Auditors Activities Act and the relevant guides of the European Commission.

 (4) For the internal security policy funds, the audit authority specified in subsection 1 of this section is to prepare an audit strategy specified in Article 78 of Regulation (EU) 2021/1060 of the European Parliament and of the Council.

§ 60.  Challenge proceedings

 (1) Where a challenge is filed against a decision or action of the managing authority, implementing authority or implementing body the challenge is to be adjudicated by the Ministry of the Interior in the event of internal security policy funds.

 (2) Where the functions of the implementing body are not fulfilled by the Ministry of the Interior and a challenge is filed against a decision or action of the implementing body, the challenge is to be adjudicated by the authority that is the implementing body, except where the conditions for grant of support set out the Ministry of the Interior as the body adjudicating a challenge related to application for support.

 (3) The authority that is the implementing body may be the body adjudicating a challenge if it is a government authority or a state foundation.

Chapter 5 Implementing Provisions 

§ 61. – § 62. [Provisions governing amendment of other Acts are omitted from this translation.]

Jüri Ratas
President of the Riigikogu

https://www.riigiteataja.ee/otsingu_soovitused.json