Manual for the Management Accreditation Procedure of the Italian First Level Controllers - Puglia Region, Sezione Mediterraneo
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Manual for the Management Accreditation Procedure of the Italian First Level Controllers Puglia Region, Sezione Mediterraneo Version 1.0 on – 16th February 2016 1
TABLE OF CONTENTS 1. Overview .................................................................................................................................................... 3 2. The objective ............................................................................................................................................. 3 3. The accreditation administrative procedure ............................................................................................. 3 4. The documents flow‐chart ........................................................................................................................ 7 5. The list of qualified FLCs ............................................................................................................................ 9 6. The web service of management and repository documents ................................................................... 9 7. Annexes ................................................................................................................................................... 10 Annex 1 ‐ FLC Accreditation File ...................................................................................................................... 11 Annex 2 ‐ LIST OF QUALIFIED FLCs ‐ Example .................................................................................................. 21 Annex 3 ‐ DOCUMENTS TEMPLATES FOR FLCs ACCREDITATION .................................................................... 22 THE REQUEST OF FINAL BENEFICIARY FOR THE APPROVAL OF THE SELECTION OF EXTERNAL FIRST LEVEL CONTROLLER ‐ ANNEX 1.A ................. 22 THE REQUEST OF FINAL BENEFICIARY FOR THE APPROVAL OF THE SELECTION OF INTERNAL FIRST LEVEL CONTROLLER ‐ ANNEX 1.B ................. 24 THE PROJECT FACT SHEET ‐ ANNEX 2 ........................................................................................................................................ 25 THE DECLARATION IN LIEU OF AFFIDAVIT OF THE EXTERNAL FIRST LEVEL CONTROLLER ‐ ANNEX 3.A ......................................................... 26 THE DECLARATION OF INDEPENDENCY CRITERION ISSUED BY THE INTERNAL FIRST LEVEL CONTROLLER ‐ ANNEX 3.B .................................... 28 THE DECLARATION OF CONSENT TO THE PROCESSING OF PERSONAL DATA ISSUED BY THE FIRST LEVEL CONTROLLER ‐ ANNEX 4 ..................... 30 Annex 4 ‐ The CHECK LIST: Verification of requirements for external controller ........................................... 31 Annex 5 ‐ The CHECK LIST: Verification of requirements for internal controller ............................................ 35 Annex 6 ‐ The NULLA – OSTA Form for the validation of controller appointment ......................................... 36 Annex 7 – Technical specifications of the web repository and management system of FCLs Accredition Files ......................................................................................................................................................................... 37 2
1. Overview This manual is part of the First Level Control Italian System as descripted in Annex IV of the Guidance on Management Verifications OP Greece – Italy 2007‐2013. It complies with article 16 of the Regulation (EC) 1080/2006, the guidelines for the management and control systems for the EU programming period 2007/2013 issued by the Italian Economy Ministry – State General Accounting Directorate (IGRUE), the guidelines related to the “General characteristics of the national control system of the ETC programmes 2007‐2013” issued by the Italian Ministry of Economy – IGRUE and the Agreement of Permanent Conference between the Central Government, the Regional Government and the Autonomous Provinces of Trento and Bolzano and the tasks of Joint Committee constituted by the Ministry of Economy – DPS for the validation of the selection procedures carried out by the Italian beneficiaries in the field of first level controllers. The accreditation procedure will be managed by officers of Sezione Mediterraneo (the former Servizio Mediterraneo) of Puglia Region, separately from the officers in charge of FLCs quality controls, in order to avoid any hypothesis of conflict of functions. 2. The objective The general objective of the Manual is to describe the procedural steps settled by the Sezione Mediterraneo of Puglia Region in order to validate the selection procedure for awarding a contract or to charge the expenditures validation task an external or internal auditor called to operate as a first level control of Italian final beneficiaries of CBC Programme Greece‐Italy 2007‐2013. 3. The accreditation administrative procedure As regards the Italian partners of the Cooperation Programme ‘’Greece‐Italy’’, the selection of first level controllers falls on the individual beneficiaries, either public or private. In particular, as it is largely illustrated in the IGRUE (Inspectorate General for Financial Relations with the European Union) document “General characteristics of the control system of European Territorial Cooperation Programmes 2007‐2013” and as amended by the “Agreement between the Government, Regions and Autonomous Provinces of Trento and Bolzano for the definition of the management and control system of the transnational and interregional cooperation programmes as per the CIPE (Interministerial Committee for Economic Planning) deliberation No 158 of 21 December 2007” (Repertory No 187/CSR of 29 October 2009), the control systems for the Operational Programmes of the European Territorial Cooperation managed by foreign Managing, Certification and Audit authorities may ne of two different types: B1 the individual private Beneficiaries (or public beneficiaries not opting for the type of the following point B2) delegate, as per Community and national legislation and Article 16 of Regulation (EC) 1080/2006, the activity of verifying the operations or parts of the operations carried out by themselves to specific qualified persons, in possession of the necessary prerequisites of professionalism, honorability and independence, registered for at least three years with either the ‘’Albo dei Dottori commercialisti e degli esperti contabili” (Register of Chartered Accountants and Accounting Experts) or the “Registro dei Revisori Contabili” (Register of Auditors) as per Legislative Decree No 88 of 27 January 1992. In order to carry out the selection, the beneficiary must exclusively 3
comply with the public contracts code (Legislative Decree No 163/2006) and the public procurement rules. B2 for beneficiaries that have the status of a public body or of a body governed by public law (as per Article 1, paragraph 2, of Legislative Decree No 165/2001 and subsequent amendments and completions), the control activities of operations or parts of operations carried out by them may be, as per Article 16 or Regulation (EC) No 1080/2006, entrusted to their internal control units, provided that the separation of functions with the offices responsible for implementing the operations is ensured. The beneficiary, having carried out the selection of an auditor, must then send all the documentation to: Regione Puglia – Sezione Mediterraneo, Via Gobetti 26 – 70125 Bari (Italy). The representative of the Puglia Region verifies what they declared in the documentation received as well as the prerequisites, and in the case of irregularities or incompleteness, request additional data from the beneficiary. More specifically in hypothesis B1, Puglia region will proceed to “validate” the selection carried out by the Beneficiary in respect of the foreseen prerequisites. Such validation will be communicated to the Programme’s Managing Authority. Moreover, Puglia region will verify the truthfulness of the declarations by requiring prove to the competent public authority. in hypothesis B2, Puglia region will proceed to “validate” the selection carried out by the Beneficiary, while checking there exists the necessary separation between the activities of “management” and “control”, as well as the functional independence from the Office assigned to implement the various project activities. Only after that the Sezione Mediterraneo of Puglia region verified the truthfulness of the self‐declarations by administrative or on‐the‐spot check, it will issue the NULLA‐OSTA to the Beneficiaries in order to proceed to awarding the assignment and to signing the relevant contract. After the issuing of NULLA‐OSTA, the FLC will be accredited in the “list of qualified FLCs” by the Sezione Mediterraneo of Puglia Region. The total scores on the list scoreboard will reflect the training credits gained by the FLC by attending the training seminar before the submission of the accreditation request. All the documents related to the accreditation procedure are accessible to the Programme’s Managing Authority and Audit Authority by web from the management and repository system at Europuglia platform. The FLC accreditation procedure should be concluded within 35 working days from the receiving of request of accreditation with a positive or negative response. Afterwards, the Sezione Mediterraneo of Puglia Region has to issue the NULLA‐OSTA under conditions that it will be revoked if the verification of self‐declaration has demonstrated that the FLC or the beneficiary had provided a false statement. The procedural steps of such tasks are the following: 4
Phase Activity Timing Outputs 1. the e‐request is received by E‐request already certified e‐mail. with protocol 2. the e‐request is registered in the receiving number telematics Puglia Region Protocol Creation of the e‐ A. Receiving of request 3. the e‐request is assigned to the 2 days file of the FLC officer in charge for the accreditation with accreditation procedure the all (Procedural Manager) documentation in electronic version 4. the Procedural Manager check if Check‐list: the request has been filled in verification of correctly and the documents requirements requested have been provided B. Admissibility check 1 days correctly as well 5. the Procedural Manager checks if the FLC has issued correctly the declarations requested 6. the Procedural Manager sends by Requests of state e‐mail or web service system a certification specific request to the competent Receipt of sending public authorities that can certify protocol register C. Verification of the what has been declared by the FLC Certifications of truthfulness of the 7. the public authorities send the 30 days state declarations certifications required Receipt of receiving 8. the Procedural Manager checks if protocol register what has been stated by the public Check‐list for certificates complies with what has verification of been self‐declared by the FLC requirements 9. preparing and signing of Nulla‐Osta E‐copy of nulla‐osta 10. sending the Nulla‐Osta by certified Receipt of sending e‐mail to the final beneficiary protocol register D. Issuing of Nulla‐Osta 1 days Receipt of sending and receiving of certified e‐mail E. Accreditation on the 11. Updating the List of Qualified FLCs E‐List of Qualified 1 day List of qualified FLCs FLCs updated 5
For obtaining the NULLA‐OSTA from the Pugla Region – Sezione Mediterraneo, the candidate auditor has to provide the following supporting documents: Hypothesis B1: External Auditor Hypothesis B2: Internal Auditor Cover letter on headed notepaper of the Cover letter on headed notepaper of the beneficiary, protocolled and signed by the legal beneficiary, protocolled and signed by the legal representative (Annex 1a) representative (Annex 1b) Project Fact Sheet (Annex 2) Project Fact Sheet (Annex 2) Declaration in lieu of affidavit attesting that the Declaration attesting to the independence of the auditor meets the prerequisite standards of assigned internal office (including an attached honourability, professionalism, independence and administrative document/ organization chart) and good command of the English language as the good command of the English language, as requested by the Programme (Annex 3a) requested by the Programme; (Annex 3b) The self‐declaration that the auditor is registered to the “Albo dei dotori commercialisti e degli esperti contabili” (Register of Chartered Accountants and Accounting Experts) or the “Registro dei Revisori Contabili” (Register of Auditors) Photocopy of the front and reverse of auditor’s Photocopy of the front and reverse of auditor’s Identity card Identity card Declaration of consent to the processing of Declaration of consent to the processing of sensitive sensitive data (Annex 4) data (Annex 4) Act of appointment (Deliberation/ Resolution Act of appointment (Deliberation/ Resolution ............) by the Beneficiary ............) by the Beneficiary Credits Training Certificate issued by the Sezione Credits Training Certificate issued by the Sezione Mediterraneo of Apulia Region* Mediterraneo of Apulia Region* *these documents are required starting from the 2016, because it is compulsory for new candidate auditors to attend at least one training seminar on eligibility Programme rules regarding each typology of expenditure before to be designated by the beneficiaries. 6
4. The documents flow‐chart The candidate auditor The final beneficiary The Sezione Mediterraneo Declaration in lieu of affidavit attesting that the Cover letter on headed auditor meets the prerequisite standards of notepaper of the honourability, professionalism, independence beneficiary, protocolled and good command of the English language as and signed by the legal requested by the Programme (Annex 3a) representative (Annex 1a) The self‐declaration that the auditor is registered Project Fact Sheet (Annex to the “Albo dei dotori commercialisti e degli 2) esperti contabili” (Register of Chartered Documents: annex 3a; Accountants and Accounting Experts) or the photocopy of IC, the self‐ The NULLA‐OSTA “Registro dei Revisori Contabili” (Register of declaration, annex 4 and declaration AuditorsPhotocopy of the front and reverse of credits training certificate auditor’s Identity card received by the candidate Declaration of consent to the processing of FLC sensitive data (Annex 4) Act of appointment Credits Training Certificate issued by the Sezione (Deliberation/ Resolution Mediterraneo of Apulia Region* ............) by the Beneficiary Hypothesis B1: External Auditor 7
The candidate auditor The final beneficiary The Sezione Mediterraneo Cover letter on headed notepaper of the beneficiary, protocolled and signed by the legal Declaration attesting the independence of the representative (Annex 1a) assigned internal office (including an attached administrative document/ organization chart) Project Fact Sheet (Annex and the good command of the English language, 2) as requested by the Programme; (Annex 3b) Documents: annex 3b; photocopy of IC, annex 4 The NULLA‐OSTA Photocopy of the front and reverse of auditor’s declaration Identity card and credits training certificate received by the Declaration of consent to the processing of candidate FLC sensitive data (Annex 4) Act of appointment Credits Training Certificate issued by the Sezione (Deliberation/ Resolution Mediterraneo of Apulia Region* ............) by the Beneficiary Hypothesis B2: Internal Auditor – documents flow‐chart 8
5. The list of qualified FLCs The list of qualified FLCs has been settled starting from 2016. It represents for the FLCs accredited a sort of list of qualified candidates for new appointments as auditor for beneficiaries. Moreover, it is a transparent quality list where the FLCs are rated with scoreboard reflecting their professional quality. It is very important for the Programme to have FLCs with high rate in order to ensure a good quality of its control system. In fact, the “list of qualified FLCs” reflects the rating and scores gained by each FLC by attending the training quarterly seminars and by having been received the quality control. The maximum scores that a FLC can gain as a training credits per year are 40 score, while the maximum quality scores that she/he can gain after being evaluated with a quality check are 50 scores. Therefore, considering that each FLC must receive one quality check per year and every year the Sezione Mediterraneo of Puglia Region will organise 4 training seminars, the maximum annual qualification scores that a FLC can obtain are 90 points. The FLCs qualified list (name and surname of FLC/ beneficiary under her/his control/total score) will be accessible in a public section of Europuglia web platform. The FLC can maintain the accreditation in the “list of qualified FLCs” if she/he attends at least one training seminar per year. The participation to the training seminars will be certified by Sezione Mediterraneo of Puglia Region by annual training credits. The FLC that has missed her/his training obligation will be suspended for one year from the “list of qualified FLCs”, during which she/he cannot be appointed by anyone final beneficiary of the CBC Programme Greece‐ Italy. The FLC can also be suspended for one year from the “list of qualified FLCs” if she/he concluded the year with the total qualifications scores equal or less than 30 points. The Sezione Mediterraneo of Puglia Region will communicate immediately to the final beneficiary the case where the FLCs appointed has been suspend from the “list of qualified FLCs”. The list will be updated by Sezione Mediterraneo of Puglia Region four times a year, at the end of each calendar quarterly period. The updating will interest both the new FLCs accreditation and the FLCs scoreboard. 6. The web service of management and repository documents From 2016, the Sezione Mediterraneo of Puglia Region will manage the accreditation file by using its web platform http://www.europuglia.it/ 9
At the beginning it will be a file system repository of all documents regarding the accreditation of each FLC. In future, it may also be possible to receive the request of accreditation directly via web by the interested final beneficiaries. The web service is structured as a restricted area where authorised people can have access after receiving a permission keys as users: ID and password. The web service also is structured as a database with the relevant data, including quality data, of each FLC. 7. Annexes 10
Annex 1 Apulia Region Sezione Mediteraneo FLC Accreditation File Name of the Controller: ……………………………… Type of the Controller: External / Internal Name of the Beneficiary: …………………………… Acronym of the Project: ……………………………… 11
Section 1. Receiving of Request email of request for the accreditation of the candidate FLC to be appointed as controller of the project ……………………………..…. send by the beneficiary ………………………………………….………… Cover letter on headed notepaper of the beneficiary, protocol no. …………………………, signed on ………………………. by the legal representative Annex 1a / Annex 1b Receipt of Apulia Region Receiving Protocol Register no. …………………………………………. (the print copy is available from 2016) Project Fact Sheet (Annex 2) Declaration in lieu of affidavit issued by the candidate FLC attesting that she/he meets the prerequisite standards of honourability, professionalism, independence and good command of the English language as requested by the Programme (Annex 3a) 12
Declaration issued by the candidate FLC attesting to the independence of the assigned internal office (including an attached administrative document/ organization chart) and the good command of the English language, as requested by the Programme (Annex 3b) The self‐declaration issued by the candidate FLC that she / he is registered to the “Albo dei dotori commercialisti e degli esperti contabili” (Register of Chartered Accountants and Accounting Experts) or to the “Registro dei Revisori Contabili” (Register of Auditors) – only for external auditor. Photocopy of the front and reverse of the candidate FLC’s Identity card Declaration of consent to the processing of sensitive data issued by the candidate FLC (Annex 4) Act of appointment (Deliberation/ Resolution no. …………………, issued on ............) issued by the Beneficiary 13
Credits Training Certificate issued by the Sezione Mediterraneo of Apulia Region to the candidate FLC (It is available only for new FLCs accreditation procedure starting from 2016) 14
Section 2. Admissibility check check‐list: verification of requirements for external controller check‐list: verification of requirements for internal controller 15
Section 3. Verification of the truthfulness of the declarations – only for external auditor Requests to the ……………………………that the candidate FLC that she / he is registered to the “Albo dei dotori commercialisti e degli esperti contabili” (Register of Chartered Accountants and Accounting Experts) or to the “Registro dei Revisori Contabili” (Register of Auditors) Receipt of Apulia Region Sending Protocol Register no. …………………………………………. (the print copy is available from 2016) Certificate issued by ………………………………… on …………… protocol no. …………………………….. Receipt of Apulia Region Receiving Protocol Register no. …………………………………………. (the print copy is available from 2016) 16
Section 4. Issuing of Nulla‐Osta print copy of the nulla‐osta protocol no. ………………………. issued on …………………. Receipt of Apulia Region Receiving Protocol Register no. …………………………………………. (the print copy is available from 2016) Copy of email send on …………………. and the prove of it had been receipt on ………………………. Copy of accreditation FLC notice email send on …………………. to the MA/JTS (this activity will be not necessary when the accreditation system will be web‐managed, since the MA/JTS will have direct access to the FLC accreditation web‐database) . 17
Section 5. Updating of the List of Qualified FLCs (It is available from 2016) Copy print of the E‐List of Qualified FLCs updated on ………………. Copy print of the E‐List of Qualified FLCs updated on ………………. Copy print of the E‐List of Qualified FLCs updated on ………………. Copy print of the E‐List of Qualified FLCs updated on ………………. Copy print of the E‐List of Qualified FLCs updated on ………………. 18
Section 6. Register of the Participation to the Training Seminars (It is available from 2016) Attending list to the Training Seminar hold on ………………… Attending list to the Training Seminar hold on ………………… Attending list to the Training Seminar hold on ………………… Attending list to the Training Seminar hold on ………………… Attending list to the Training Seminar hold on ………………… Attending list to the Training Seminar hold on ………………… 19
Section 7. Register of the Quality Control Results (It is available from 2016) The Quality Control Check‐list regarding the quality control carried out by the officer ……………………………………… on ……………. The Quality Control Check‐list regarding the quality control carried out by the officer ……………………………………… on ……………. The Quality Control Check‐list regarding the quality control carried out by the officer ……………………………………… on ……………. The Quality Control Check‐list regarding the quality control carried out by the officer ……………………………………… on ……………. 20
Annex 2 LIST OF QUALIFIED FLCs ‐ Example FLC surname and name Year of accreditation Qualification A ‐ Training B ‐ Quality FLC total Year credit points control points score (A+B) 2016 2017 2018 2019 2020 2021 2022 2023 FLC surname and name Year of accreditation Qualification A ‐ Training B ‐ Quality FLC total Year credit points control points score (A+B) 2016 2017 2018 2019 2020 2021 2022 2023 Copy and fill in the data entry for each FLC that collaborate with the Programme 21
Annex 3 DOCUMENTS TEMPLATES FOR FLCs ACCREDITATION THE REQUEST OF FINAL BENEFICIARY FOR THE APPROVAL OF THE SELECTION OF EXTERNAL FIRST LEVEL CONTROLLER ‐ ANNEX 1.A HEADED NOTEPAPER OF THE BODY Date ________________________________ Protocol number ______________________________ To the Apulia Region ‐ Mediterranean Department 26, Gobetti St., B A R I ‐ ITALY FAO: Giuseppe Aprile SUBJECT: E.U. Programming period 2007‐2013. European Territorial Cooperation Programme Greece ‐ Italy. National Management and Control System of the European Territorial Cooperation Programmes 2007 ‐ 2013. Selection of a Controller ‐ Request for Certificate of No Impediment I, the undersigned ______________________________, as legal representative of ________________________ for the project entitled ____________________________, which has been approved and admitted to financing (Ref. No. __________________) with the resources of the European Territorial Cooperation Programme “Greece ‐Italy 2007‐2013”, having identified, in compliance with the: • procedures under the Code of public contracts for execution of works, provision of services and supply of products ; • guidelines on the national monitoring system for programmes under the European Territorial Cooperation Objective, issued by the Ministry of Economy and Finance – Inspectorate General for the Financial Relations with the European Union (MEF ‐ I.G.R.U.E.); the person to carry out the activities of the First Level Control and of the validation of expenditure; I HEREBY REQUEST from this Body, the approval for the selection of Mr. ______________________ as external first level controller. I, the undersigned, also hereby declare that I have received and verified the completeness of the requirements foreseen by the Agreement signed within the Standing Conference on Relations between State, 22
Regions and Autonomous Provinces for the definition of the Management and Control system of the European Territorial Cooperation Programmes under the C.I.P.E. (Italian Inter‐ministerial Economic Committee) deliberation No 158/2007, dated 29 October 2009, concerning the honorability, professionalism, independence and good command of the English language of the appointed person. Stamp and signature of the Beneficiary Attached documents: 1. Project Fact Sheet; 2. Declaration in lieu of affidavit attesting that the controller meets the prerequisite standards of honorability, professionalism, independence and good command of the English language as requested by the Programme; 3. Certificate attesting to the registration of the controller either with the “Albo dei dotori commercialisti e degli esperti contabili” (Register of Chartered Accountants and Accounting Experts) or the “Registro dei Revisori Contabili” (Register of Auditors); 4. Photocopy of the front and reverse of the controller’s ID; 5. Declaration of consent to the processing of sensitive data; 6. Act of appointment (Deliberation/ Resolution ............) by the Beneficiary. 23
THE REQUEST OF FINAL BENEFICIARY FOR THE APPROVAL OF THE SELECTION OF INTERNAL FIRST LEVEL CONTROLLER ‐ ANNEX 1.B HEADED NOTEPAPER OF THE BODY Date ________________________________ Protocol number ______________________________ To the Apulia Region ‐ Mediterranean Department 26, Gobetti St., B A R I ‐ ITALY FAO: Giuseppe Aprile SUBJECT: E.U. Programming period 2007‐2013. European Territorial Cooperation Programme Greece ‐ Italy. National Management and Control System of the European Territorial Cooperation Programmes 2007 ‐ 2013. Selection of Internal controller ‐ Request for Certificate of No Impediment I, the undersigned________________________, as legal representative of ________________________ for the project entitled ____________________________, which has been approved and admitted to financing (Ref. No. __________________) with the resources of the European Territorial Cooperation Programme “Greece ‐Italy 2007‐2013”, having identified, in compliance with the guidelines on the national monitoring system for programmes under the European Territorial Cooperation Objective, issued by the Ministry of Economy and Finance – Inspectorate General for the Financial Relations with the European Union (MEF ‐ I.G.R.U.E.), the person to carry out the activities of the First Level Control and of the validation of expenditure I HEREBY REQUEST from this Body, the approval for the selection of Mr. ______________________ as internal first level controller. I, the undersigned, hereby also declare to have received and verified the completeness of the requirements foreseen by the Agreement signed within the Standing Conference on Relations between State, Regions and Autonomous Provinces for the definition of the Management and Control system of the European Territorial Cooperation Programmes under the CIPE (Italian Inter‐ministerial Economic Committee) deliberation No 158/2007, dated 29 October 2009, about the independence of the appointed internal office and the good command of the English language. Stamp and signature of the Beneficiary Attached documents: 1. Project Fact Sheet; 2. Declaration attesting to the independence of the appointed internal office (including an attached administrative document/ organization chart) and the good command of the English language, as requested by the Programme; 3. Photocopy of the front and reverse of the controller’s ID; 4. Declaration of consent to the processing of sensitive data; 5. Act of appointment (Deliberation/ Resolution ............) by the Beneficiary. 24
THE PROJECT FACT SHEET ‐ ANNEX 2 Operational Programme CBC “Greece ‐ Italy 2007 – 2013” Project Fact Sheet Project Project Title Project Acronym Ref. No. Project Identification Code (CUP) Project Partner Legal representative Function Body Address Role in Project (L.P. /P .P.) Telephone Fax Mobile phone e‐mail Controller First Name Surname Profession Registrer Address Telephone Mobile phone Fax e‐mail Project Budget Financial Source € E.R.D.F. (75%) National Public Co‐financing – (25%) Total Date ________________ Stamp and signature of the Beneficiary 25
THE DECLARATION IN LIEU OF AFFIDAVIT OF THE EXTERNAL FIRST LEVEL CONTROLLER ‐ ANNEX 3.A Declaration in lieu of affidavit ‐ external controller (Article 47 of Presidential Decree 445 dated 28 December 2000) With regard to the requirements of the controller appointed for the activities of verification pursuant to Article 16 of Regulation (EC) No 1080/2006, as indicated by the Ministry of Economy and Finance and detailed in the note prot n. 135274 dated 11 November 2008 I, the undersigned _____________________________, born in ________________________ on ________________________, residing in ____________________________ at _________________________, TIN __________________________________; as the controller who has been entrusted with the verification and validation of expenditure, pursuant to Art. 16 of Regulation (EC) No 1080/2006, concerning the Project ______________________, or any part thereof, bearing the project n.____________________ and project name __________________________, which has been approved and accepted for financing under the Operational Programme CBC “Greece‐ Italy 2007‐2013” under the European Territorial Cooperation Objective, that is co‐funded by the European Regional Development Fund (ERDF) whose Beneficiary is the ___________________________, BEING FULLY AWARE OF THE SANCTIONS imposed in case of false declarations, production of false deeds or of deeds containing information not corresponding to the truth, as per Article 76 of Presidential Decree 445 of 28/12/2000 I HEREBY DECLARE Not to have been subjected to precautionary measures imposed by the judicial authority under Law 1423 of 27 December 1956 or Law 575 of 31 May 1965 with subsequent amendments, without prejudice to the effects of rehabilitation; Not to have been submitted to the deprival of the exercise of legal rights or to the temporary interdiction from the offices of legal persons and companies or to the perpetual interdiction from public offices or for a period exceeding three years, without prejudice to the effects of rehabilitation; Not to have been convicted by unappealable judgement, without prejudice to the effects of rehabilitation, or by unappealable judgement as an application of the penalty pursuant to Art. 444, paragraph 2, of the Code of Criminal Procedure, without prejudice to the effects of rehabilitation, and not to have been sentenced to: 1. a period of imprisonment for one of the offences provided for in the legislation on banking, financial, securities and insurance business or in the legislation on payment instruments; 2. a period of imprisonment for not less than one year for an offence against the public administration, the administration of justice, the public faith, the property, the public order, the public economy, the industry and trade or for a tax offense; 3.a period of imprisonment for one of the offences provided for in Title XI, Book V, of the Civil Code and Royal Decree No. 267 of 16 March 1942; 4. a period of imprisonment for not less than two years for any other offence with criminal intent; Not to have held the position of chairman, administrator with delegation of powers, director‐general, auditor of companies or bodies that have been subject to bankruptcy proceedings or have entered into an arrangement with creditors or forced liquidation, for at least the three fiscal years preceding the adoption of the related measures, provided that the impediment lasts up to five years following the adoption of such measures; 26
To be registered for at least three years either with the “Albo dei Dottori Commercialisti e degi Esperti Contabili – Sezione A” (Register of Chartered Accountants and Accounting Experts – Section A) or with the “Registro dei Revisori Contabili” (Register of Auditors) in compliance with Legislative Decree 88 of 27 January 1992; Not to have been recalled, for serious failures, from the position of auditor of companies or bodies under public and/or private law in the last three years; Not to fall, in regard to the beneficiary, in any of the exclusion situations listed hereinafter: a) current, or within the last three years, direct or familial participation in the administrative, supervisory or general management instruments of: 1) the enterprise which assigns the task or of its parent enterprise; 2) the companies that own, directly or indirectly, more than 20% of the voting rights in the enterprise assigning the task or in its parent enterprise; b) current, or within the last three years, existence of other business relationships, or commitments to establish such relationships with the beneficiary/enterprise assigning the task or with its parent enterprise; c) the occurrence of any other situation, other than those mentioned in letters a) and b), likely to impair or affect in any way the independence of the controller; d) the controller to whom the task has been assigned cannot at the same time be appointed as a controller in the enterprise assigning such task and in its parent enterprise; e) be a relative of the Beneficiary assigning the task, and in particular have a family relationship up to the sixth degree, a relationship by affinity up the fourth degree or a relationship by marriage with the Beneficiary; f) to have business relationships with the same professional organizational unit, however called, in which the control activities are carried out under any form, including freelance collaboration and dependent employment, or to have any other relationship likely to produce profit sharing or any kind of sharing. To undertake not to have any contractual relationship, either paid or free of charge, with the Operation Beneficiary within three years after the execution of the activities concerning the validation of the operational expenditure; To have a good command of the official language of the program (English) that allows the correct understanding and compilation of the documents prepared by the Authorities of the Operational Programme for the subsequent process of drafting; To undertake to keep the necessary documents attesting to the above stated declarations for the purpose of any subsequent checks. Date _____________________ Faithfully, Attached documents: • as per Article 38 of Presidential Decree 445/2000, a non‐authenticated copy of an identity document; • certificate of registration with either the “Albo dei Dottori Commercialisti e degli esperti contabili” (Register of Chartered Accountants and Accounting Experts) or the “Registro dei Revisori Contabili” (Register of Auditors). 27
THE DECLARATION OF INDEPENDENCY CRITERION ISSUED BY THE INTERNAL FIRST LEVEL CONTROLLER ‐ ANNEX 3.B Facsimile Territorial Cooperation Programme Greece ‐ Italy Project ___________ Declaration attesting to the requirement of independence of the unit that is "Responsible for the validation of expenditure". I, the undersigned _____________, as the person responsible for the Area/Department_______________ : ‐having acknowledged the provisions of Regulations (EC) No 1080/2006, No 1083/2006 and No 1828/2006, the deliberation No 158/2007 of the Inter‐ministerial Committee for Economic planning (C.I.P.E.) and the document defining the management and control system of European Territorial Cooperation programmes for the period 2007‐2013, as amended and completed in the Conference State‐Regions / Public Administrations on 29/10/2009; ‐in accordance with the provisions of Article 16 of Regulation (EC) 1080/2006 and on the basis of the indications provided by the Ministry of Economy and Finance – State General Accounting Department ‐ Inspectorate General for Financial Relations with the European Union (IGRUE) ‐ National Authority which is responsible under Article 71 of Regulation (EC) 1083/2006; ‐being given that the "Guidelines relating to the General Characteristics of Management and Control Systems of the Programmes under the European Territorial Cooperation Objective 2007‐2013", as amended and completed with the final official note n.135274 dated 14/11/2008 of the State General Accountant, regarding Italian beneficiaries with the legal status of public body, foresee that the control activities can be entrusted to appropriate internal control offices of the same bodies, provided that the separation of functions with the offices responsible for implementing the operations is ensured, pursuant to Article 16 of Regulation (EC) 1080/20; I HEREBY CERTIFY ‐ with Resolution / Decree / Determination No ______ of ____________ : • to set up a special unit to which will be entrusted the task of the responsibility for validating the expenditure incurred by Organizations and/or Departments of the Apulia Region within the framework of projects that have been approved and admitted to financing by European and national resources related to the Operational Programme under the Territorial Cooperation Programme “Greece ‐ Italy 2007‐2013”; 28
• to assign the task of the "Responsibility for the validation of expenditure" at ______________________ to Mr. ___________________ who has been proven to meet the qualification requirements; AND I HEREBY DECLARE that the unit which is "Responsible for the validation of expenditure" carries out the aforementioned activities by being directly dependent on the Area/Department _______________________ and is functionally independent from the Department ______________________. Attached documents: • Resolution / Decree / Determination No ______ of _________; • _________________ 29
THE DECLARATION OF CONSENT TO THE PROCESSING OF PERSONAL DATA ISSUED BY THE FIRST LEVEL CONTROLLER ‐ ANNEX 4 Mr._________________________________ Chartered Accountant Auditor DECLARATION OF CONSENT TO THE PROCESSING OF SENSITIVE DATA I, the undersigned, declare that I have received the information specified in Article 13 of Legislative Decree No 196/2003 regarding, in particular, my legal rights – as per Article 7 of Legislative Decree 196/2003 ‐ and I hereby GIVE MY CONSENT TO the treatment of my data in the manner and for the purposes indicated in the aforementioned information, however closely linked to the management of the contractual relationship established with the Beneficiary __________________________________ in my role as controller of the project identified under the code name _____________________ and the acronym _________________________ within the framework of the Operational Programme CBC “Greece ‐ Italy 2007 – 2013” under the European Territorial Cooperation Objective, co‐funded by the European Regional Development Fund. Date ___________________________ Faithfully, 30
Annex 4 The CHECK LIST: Verification of requirements for external controller O.P. “European Territorial Cooperation Programme 2007 – 2013” – CBC “Greece – Italy” CHECK LIST: Verification of requirements for external controller Project: ……………………………………………… P.P. Project partner: ………………………………………………. VERIFICATION OF REQUIREMENTS FOR EXTERNAL CONTROLLER 1. HONORABILITY Check Yes No Notes Additional Data Requested Has the controller submitted the Declaration in lieu of affidavit attesting to the requirement of honorability? Does the declaration attests that the controller does not fall in any of the situations listed hereinafter? The task of the first level controller cannot be entrusted to those who: a) have been subjected to precautionary measures imposed by the judicial authority under Law 1423 of 27 December 1956 or Law 575 of 31 May 1965 with subsequent amendments, without prejudice to the effects of rehabilitation; b) have been submitted to the deprival of the exercise of legal rights or to the temporary interdiction from the offices of legal persons and companies or to the perpetual interdiction from public offices or for a period exceeding three years, without prejudice to the effects of rehabilitation; c) have been convicted by unappealable judgement, without prejudice to the effects of rehabilitation, or by unappeallable judgement as an application of the penalty pursuant to Art. 444, paragraph 2, of the Code of Criminal Procedure, without prejudice to the effects of rehabilitation, and who have been sentenced to: 1. a period of imprisonment for one of the offences provided for in the legislation on banking, financial, securities and insurance business or in the legislation on payment instruments; 2. a period of imprisonment for not less than one year for an offence against the public administration, the administration of justice, the public faith, the property, the public order, the public economy, the industry and trade or for a tax offense; 3. a period of imprisonment for not less than two years for any other offence with criminal intent; 4. a period of imprisonment for one of the offences provided for in Title XI, Book V, of the Civil Code or Royal Decree No. 267 of 16 March 1942; d) have been declared bankrupt, without prejudice to bankruptcy under the Royal Decree 267 of 16 March 1942, or have held the position of chairman, administrator with delegation of powers, director‐general, auditor of companies or bodies that have been subject to bankruptcy proceedings or have entered into an arrangement with creditors or forced liquidation, 31
for at least the three fiscal years preceding the adoption of the related measures, provided that the impediment lasts up to five years following the adoption of such measures. 2. DOCUMENTATION Collection of Documents Yes No Notes Additional data requested Declaration in lieu of affidavit attesting to the requirements of honorability, professionalism, independence and good command of the official language of the programme Certificate attesting to the registration of the controller with either the “Albo dei dotori commercialisti e degli esperti contabili” (Register of Certified Accountants and Accounting Experts) or the “Registro dei Revisori Contabili” (Register of Auditors) Photocopy of the front and reverse of an Identity Card Declaration of consent to the processing of personal data Fact sheet Cover letter on headed notepaper of the beneficiary, protocolled and signed by the legal representative Act of appointment (Deliberation/ Resolution) by the Project Partner 3. PROFESSIONALISM Check Yes No Notes Additional data requested The appointed controller is proven to be registered for at least three years with the ‘’Albo dei dottori Commecialisti e degli esperti contabili – Sezione A’’ (Register of Certified Accountants and Accounting Experts – Section A) 32
Alternatively: The appointed controller is proven to be registered for at least three years with the “Albo dei Revisori Contabili” (Register of Auditors) The controller has submitted the declaration stating that he has not been recalled from the position of auditor of companies and/or bodies under public and/or private law in the last three years. Has the certificate of registration with the “Albo” (Register) been issued within 12 months prior to the assignment of the task? 3. INDEPENDENCE Check Yes No Notes Additional data required The controller has submitted the declaration in lieu of affidavit attesting to the requirement of independence. The declaration states that the controller does not fall in any of the situations listed hereinafter: The appointed controller should not fall in any of the exclusion situations listed below, in regard to the beneficiary: a) current, or within the last three years, direct or familial participation in either the administrative, supervisory or general management instruments of: 1) the enterprise which assigns the task or of its parent enterprise; 2) the companies that own, directly or indirectly, more than 20% of the voting rights in the enterprise assigning the task or in its parent enterprise; b) current, or within the last three years, existence of other business relationships, or commitments to establish such relationships with the beneficiary/enterprise assigning the task or with its parent enterprise; c) the occurrence of any other situation, other than those mentioned in letters a) and b), likely to impair or affect in any way the independence of the controller; d) the controller to whom the task has been assigned cannot at the same time be appointed as a controller in the enterprise assigning such task and in its parent enterprise; e) be a relative of the Beneficiary assigning the task; f) to have business relationships with the professional organizational unit, however called, in which the control activities are carried out under any form, including freelance collaboration and dependent employment, or to have any other relationship likely to produce profit sharing or any kind of sharing. The appointed controller is not allowed to become a member of the administrative, supervisory or general management instruments of the enterprise assigning the task within the first three years after the end of the task assignment. In order to attest to the requirement of independence, the controller must submit to the Beneficiary a declaration (in lieu of an affidavit under National legislation) stating that he has no direct or indirect shares in the enterprise which is assigning the task and/or in its parent enterprise; that he has not undertaken for the operation Beneficiary (or operation Beneficiaries) any work or supply of goods or services within three years prior to the assignment of the control activity of such operation (or such operations and that he has not been the client of the aforementioned Beneficiary (or Beneficiaries) within those same three years. This declaration must be submitted at the time of accepting the assigned task. 33
Lastly, in the same declaration, the person who proposes as candidate to carry out the aforementioned control activities (the term “ person” means a physical person or an enterprise owner/s, administrator/s, legal representative/s or a company administrator/s, legal representative/s, partner/s) must state that he does not have a relationship up to the sixth degree, a relationship by affinity up to the fourth degree or a relationship by marriage with the operation Beneficiary (or the operation beneficiaries) for whom he will perform the control activity (the term ‘’beneficiary’’ refers to a physical person or an enterprise owner/s, administrator/s, legal representative/s, or a company representative/s, partner/s). In the same declaration, the person who proposes as candidate for the control activities mentioned must undertake not to have any contractual relationship, either paid or unpaid, with the Operation Beneficiary (or the operation Beneficiaries) within three years of the execution of the control activities of such accounting operations (or accounting operations). Check Yes No Notes Additional data required The controller has submitted a declaration in lieu of affidavit attesting to have a good command of the language of the program (English) Has the controller submitted to the Beneficiary a declaration of consent for the processing of data in compliance with Legislative Decree 196/2003? YES / NO Has the controller submitted a copy of a valid personal identity card? YES / NO JUDGMENT: POSITIVE NEGATIVE Place and date …………………………………………. MEDITERRANEAN DEPARTMENT (O.P. FINANCIAL MANAGEMENT) 34
Annex 5 The CHECK LIST: Verification of requirements for internal controller O.P. “European Territorial Cooperation Programme 2007 – 2013” – CBC “Greece – Italy” CHECK LIST: Verification of requirements for internal controller Project: ……………………………………. P.P. Project partner: …………………………………………………… VERIFICATION OF REQUIREMENTS FOR EXTERNAL CONTROLLER 1. DOCUMENTATION Collection of Documents Yes No Notes Additional data requested Cover letter on headed notepaper of the beneficiary, protocolled and signed by the legal representative Project Fact sheet Declaration issued by the candidate FLC attesting to the independence of the assigned internal office (including an attached administrative document/ organization chart) and the good command of the English language, as requested by the Programme Declaration of consent to the processing of personal data Photocopy of the front and reverse of an Identity Card Act of appointment (Deliberation/ Resolution) by the Project Partner JUDGMENT: POSITIVE NEGATIVE Place and date …………………………………………. MEDITERRANEAN DEPARTMENT (O.P. FINANCIAL MANAGEMENT) 35
Annex 6 The NULLA – OSTA Form for the validation of controller appointment HEADED NOTEPAPER OF Area Politiche per la promozione del territorio, dei saperi e dei talenti Servizio Mediterraneo of Apulia Region Date ________________________________ Protocol number ______________________________ To the contact person of final beneficiary SUBJECT: E.U. Programming period 2007‐2013. European Territorial Cooperation Programme Greece ‐ Italy. Nulla‐Osta for the designation of the first level controller for the project “…” P.P. “…..” Having understand the Regulation (EC) no. 1083/2006; Having understand the Regulation (EC) no. 1080/2006; Having understand the guidelines for the management and control systems for the programming period EU 2007/2013 issued by the Italian Economy Ministry – State General Accounting Directorate (IGRUE); Having understand the guidelines related to the “General characteristics of the national control system of the programmes on the ETC objective 2007‐2013”, issued by the Italian Ministry of Economy – IGRUE; Having understand the Agreement of Permanent Conference between the Central Government, the Regional Government and the Autonomous Provinces of Trento and Bolzano which transfer to Apulia Region, only for the ETC Programme Greece/Italy 2007‐2013, the tasks of Joint Committee constituted by the Ministry of Economy – DPS for the validation of the selection procedures carried out by the Italian beneficiaries in the field of first level controllers; Having understand the supporting documents submitted with letter prot. No. …. on the ….; Having considered that the FLC had attend the training seminars and gained …. of training credit in the current year; Hereby, it is given “without reservation” the permission to the designation of Ms./Mr. ………, born on …… in ……, resident in …. – as the independent first level controller of the operations implemented by this beneficiary in the project …., already approved and granted of financial resources of the CBC Programme Greece‐Italy 2007‐2013. O.P. Financial Manager Mediterraneo Service Manager (signature) (signature) 36
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