Professional Documents
Culture Documents
March 2007
This handbook is for information only. It is not designed to replace the regulations, which remain the only binding legal text. The views contained in this document are those of the authors and the Managing Authority of the INTERACT programme is in no way liable for any use made of the information contained herein. This handbook has been written to accompany the INTERACT training seminars on financial management originally developed by INTERACT Point Qualification and Transfer in Denmark. It aims to cover all the most common procedures and questions relating to the financial management of Territorial Cooperation programmes and projects and give insights into how the regulations are implemented in practice. We would like to thank the European Commission DG Regional Policy for commenting on the content of this handbook and recommending changes. We would also like to thank the many programmes and projects from all strands of INTERREG and from across Europe who contributed their expertise, documents and time. Finally we would like to thank the participants of all previous financial management seminars, whose opinions and questions have been invaluable in further developing the content of the handbook.
INTERACT Point Qualification and Transfer Jernabengade, 22 DK 8800 Viborg t: (+45) 87 27 10 85, f: (+45) 86 60 16 80 ip.qt@interact-eu.net www.interact-eu.net
Contents
Glossary ...................................................................................................................... 7 Introduction ............................................................................................................... 11 Note on terminology and abbreviations..................................................................... 14 Main abbreviations used in the text........................................................................... 14 Different rules for new Member States 2007 2013................................................. 15 1. The programme cycle in Territorial Cooperation programmes.............................. 16 1.1 Key Financial Activities in the programme lifecycle......................................... 16 1.2 Key challenges in Territorial Cooperation programmes .................................. 18 1.3 Quality targets for key activities....................................................................... 19 2. Start up phase: Programme level.......................................................................... 21 2.1 Key elements to support financial activities (2007 2013) ............................. 21 2.2 Key points in developing programme management structures ....................... 22 2.3 Programme management bodies .................................................................... 23 2.3.1 The Monitoring Committee and the Member States................................. 23 2.3.2 The Steering Committee .......................................................................... 25 2.3.3 The Managing Authority ........................................................................... 26 2.3.4 The Joint Technical Secretariat................................................................ 28 2.3.5 The Paying Authority / Certifying Authority............................................... 29 2.3.7 Intermediate Bodies ................................................................................. 32 2.3.8 Audit Authority .......................................................................................... 34 2.4 The responsibility chain................................................................................... 35 2.5 The main programme documents ................................................................... 36 2.5.1 The Operational Programme (OP) ........................................................... 36 2.5.2 The Description of Management and Control Systems............................ 37 2.5.3 Memoranda of Understanding between the programme and the Member States ................................................................................................................ 39 2.5.4 Project contracts and partnership agreements......................................... 39 2.6 The need for strong cooperation between management bodies ..................... 40 2.7 Staff and Training............................................................................................ 42 2.8 From systems to start-up................................................................................. 43 3. Financial framework .............................................................................................. 44 3.1 Sources and uses of programme funds .......................................................... 44 3.1.1 ERDF........................................................................................................ 44 3.1.2 Pre-financing or the programme advance payment ................................. 46 3.1.3 Co-financing (or match-funding)............................................................... 46 3.1.3 Private co-financing.................................................................................. 48 3.1.4 Own contribution ...................................................................................... 49 3.1.5 Letters of Commitment ............................................................................. 50 3.2 Programme financial tables............................................................................. 51 3.3 Priorities and measures .................................................................................. 53 3.4 ERDF grant rates in the new period 2007 2013 ........................................... 54 3.5 The Technical Assistance (TA) budget ........................................................... 58 3.6 Additional Administration Tools ....................................................................... 61 3.6.1 Bank accounts.......................................................................................... 61 3.6.2 Interest on programme accounts.............................................................. 61 3.6.3 Monitoring systems .................................................................................. 62 3.6.4 More on the Business Plan ...................................................................... 63 4. Operating Phase: Programme Level..................................................................... 65 4.1 Allocation of funding........................................................................................ 65 4.2 Calls for applications ....................................................................................... 70 4.3 Project approval and rejection......................................................................... 71 4.4 Contracting...................................................................................................... 72 4.5 Basic programme financial flows..................................................................... 73 4.6 Spending forecasts ......................................................................................... 75
5
Financial Management Handbook 4.7 Project claims for payment .............................................................................. 76 4.8 Tackling poor project spending ....................................................................... 80 4.9 Tackling a de-commitment threat .................................................................... 82 4.10 Recycling funds and end of programme de-commitment.............................. 83 4.11 Payment Claims to the Commission ............................................................. 84 5. Start-up phase: Project Level................................................................................ 85 5.1 How to get project budget right ....................................................................... 86 5.1.1 Resource Planning ................................................................................... 87 5.1.2 Cost Estimating ........................................................................................ 88 5.1.3 Cost Budgeting......................................................................................... 88 5.2 Budget detail vs. flexibility ............................................................................... 90 5.3 Helping projects get it right.............................................................................. 92 5.4 The assessment process ................................................................................ 93 5.4.1 Eligibility check ......................................................................................... 94 5.4.2 Assessing project budgets ....................................................................... 96 5.4.3 Risk assessment ...................................................................................... 97 5.5 After approval .................................................................................................. 97 6. Operating phase: Project Level............................................................................. 99 6.1 Avoiding project financial problems................................................................. 99 6.2 The payment chain Project reporting and claims for payment ................... 101 6.2.1 Reporting requirements.......................................................................... 101 6.2.2 Control / certification of claims ............................................................... 102 6.2.3 Assessment of reports............................................................................ 102 6.3 Helping projects with implementation problems ............................................ 103 7. Certification of payment and financial control ..................................................... 106 7.1 First Level Control ......................................................................................... 108 7.1.1 Who is checked? .................................................................................... 110 7.1.2 Who are the controllers? ........................................................................ 110 7.1.3 What is checked by the first level controller? ......................................... 113 7.1.4 What is checked by programme management bodies? ......................... 118 7.1.5 What happens if there are problems? .................................................... 118 7.2 Second Level Control / Audit......................................................................... 119 7.2.1 Content of audits and common problems detected................................ 125 7.3 Financial Corrections and Recovery ............................................................. 126 8. Project and programme closure .......................................................................... 129 8.1 Project closure .............................................................................................. 129 8.2 Steps to project closure................................................................................. 130 8.3 Programme closure ....................................................................................... 132 8.4 Third Level Control ........................................................................................ 135 Annex 1 Regulatory Framework.............................................................................. 136 Annex 2 First level control in INTERREG 2000-2006 ............................................. 138
All the EU regulations referred to in this document have been listed in Annex 1 and they can be downloaded from the INTERACT website at: http://www.interact-eu.net/604900/443793/0/0
6
Glossary
Advance payment (also called pre-financing): A small part of the ERDF paid to the programme at the start to cover the programmes start up costs and to make the first payments to the projects. In the 2000-2006 funding period the Advance Payment was 5% for all programmes and in the new funding period 2007-2013 it will be 7% for programmes involving at least one of the new EU Member States, Greece or Portugal and 5% for programmes involving the EU-15 MS spread over three or two years respectively. Audit Authority: A national, regional or local authority or body, functionally independent of the managing authority and certifying authority, designated by the Member State for each operational programme and responsible for verifying the effective functioning of the management and control systems. (Source: Art. 59 EC 1083/2006) Assisted by a Group of Auditors from the countries participating in the programme, the Audit Authority develops an audit strategy according to which it carries out the inspection of the programme systems and procedures and of a selected sample of projects. Actual audits are sometimes contracted to audit firms. Audit: In Territorial Cooperation programmes this term refers to second level control and the audits carried out by other organisations such as the Commission. Audit is an inspection of the programme systems and the financial records of a sample of projects. It should confirm the sound operation of the programme management and control systems and the accuracy, reliability and eligibility of funding claims. Audit trail: A sequence of information i.e. accounting records that provide detailed information about expenditure actually incurred. The accounting records show the date they were created, the amount of each item of expenditure, the nature of the supporting documents and the date and method of payment. The audit trail provides evidence of the expenditure claimed and enables tracing the financial data to its source. (Source: Annex 1 EC 438/2001). Automatic De-commitment (N+2 rule): A process whereby money can be taken back by the European Commission from programmes that are not spending at a predefined rate. It is a tool to encourage efficient financial management and avoid funds being left inactive in programme accounts for many years as it intends to speed up the absorption of funds within programmes. According to the N+2 rule, funds allocated to a programme must be spent within three years (where N is the commitment year and +2 is the year by the end of which funds committed in N have to be spent). The rule is applied at programme level but programme managers may choose to reallocate expenditure away from inefficient projects that are slowing programme spending. Beneficiary: Operator, body or firm, whether public or private, responsible for initiating or initiating and implementing operations. In the context of Territorial Cooperation programmes, this means all partners participating in a project. (Source: Art 2 EC 1083/2006) Business Plan: A document setting out the main programme management activities that need to be carried out. It is fine-tuned at the Monitoring Committee meetings and becomes the basis for Technical Assistance spending. The business plan is a medium term planning tool providing a longer perspective than the annual or 6-monthly work plans normally submitted to Monitoring Committees but providing greater detail and accuracy than the long term plans provided in the Operational Programme. Certifying Authority: A national, regional or local authority or body designated by the Member State to certify statement of expenditure and applications for payment before they are sent to the Commission. (Source: Art 59 EC 1083/2006). The Certifying Authority manages programme funds and transactions with the Commission and recovers incorrectly paid funds. Certification: Means that expenses have been approved by the body officially responsible. It occurs at two stages in the claims process: Firstly, all expenditure from every project partner
10
Introduction
1. The aim of this handbook is to help programme administrators from all three strands of the Territorial Cooperation programmes and from different programme management bodies to maximise the use of ERDF and secure high quality projects while at the same time ensuring that financial management standards are met. These standards can be summarised by the term sound financial management, defined as consisting of three key principles: The principle of economy requires that the resources used by the institution for the pursuit of its activities shall be made available in due time, in appropriate quantity and quality and at the best price. The principle of efficiency is concerned with the best relationship between resources employed and results achieved. The principle of effectiveness is concerned with attaining the specific objectives set and achieving the intended results.1 The handbook sets out to show how good financial management can act as a positive force rather than an obstacle in achieving programme objectives by providing programme and project managers with a clear framework and timelines for implementation. 2. The content has been developed from the official requirements for financial management contained in the EU regulations governing the current funding period 2000 2006 and proposed changes in requirements for the next funding period 2007 - 2013. Every effort has been made to provide the latest information on the requirements in the new period. In some cases however interpretation is needed from the European Commission and concerns about the accuracy or relevance of the content should be addressed to INTERACT Point Qualification and Transfer, who can provide updated information. In addition to the Community regulations governing Territorial Cooperation programmes, every Member State has its own national rules, in particular regarding the eligibility of different kinds of costs. It has not been possible to provide an overview of all of these rules and questions about national requirements should be directed to programme bodies. 3. The focus is on how the regulatory framework is applied in the programmes. In order to do this attention is paid to both good practices and common problems so as to suggest workable solutions. This may have the unintended effect of suggesting that financial management in Territorial Cooperation programmes is always problematic. On the contrary, the main elements are relatively simple. The Good Practice boxes included throughout the text build on these elements and suggest how they can be applied in practice. It is not suggested that everything proposed will be appropriate in all programmes. Every Member State has its own procedures and requirements for financial management. Full standardisation is not possible or desirable and some of the suggestions in this handbook may need to be tailored to programme conditions. Regardless of procedures, however, certain minimum performance targets are identifiable. If these targets are not being met, there is a clear need for change. The start of the new programme period presents an opportunity for every programme to reconsider its procedures and whether they could be simplified and streamlined. These good practices have been identified through over two years of dialogue with the programmes. 4. The main target group for the handbook is finance staff in Territorial Cooperation programmes and others whose work with programme management requires an understanding of the main financial principles and procedures. Wherever possible the content is limited to the financial aspects of programme implementation but it is sometimes necessary to consider wider programme management issues. Much of the information will also be
Council Regulation No 1605/2002 on the Financial Regulation applicable to the general budget of the European Commission. 27.2
11
7. There are many text boxes in the handbook containing different kinds of background information. They have been flagged with one of the four icons and should help you find your way around. These sections cover the rules, regulations and main terminology involved in INTERREG / European Territorial Cooperation programmes. They are an introduction for those who are not familiar with the programmes.
These sections contain information explaining how the rules work on a practical example.
12
These sections contain a summary of the key points presented. These may be valuable tips and ideas which are listed in a comprehensive way.
Start Up
Programme Bodies Systems Tools Documentation
Implementation
Funds management and payments First and Second Level Control
Closure
Closure statements
Project
Management of spend
Final payments
The text within each section follows the programme and project lifetime and the main procedures required at different stages. Nevertheless it is generally impossible to properly understand one level without also considering the other and we would recommend that all readers study both sections to get a full overview. Financial control has been included in a separate section towards the end, being of equal interest to the project and programme levels. The handbook ends with a brief discussion of both project and programme closure, which draws heavily on previous sections and has therefore been left as a concluding comment.
13
INTERREG
Territorial Cooperation Objective (sometimes called INTERREG IV) Operational Programme Certifying Authority Audit Authority Art 71 Declaration (Description of management and control systems)
Community Initiative Programme Paying Authority Second Level Control Group Art 5 Declaration
14
New MS
Old MS
Up to 85% (programme level) (Including Greece, Portugal and east German lnder)
De-commitment
N+3 in the first half of the programme period changing to N+2 for the second half (Including Greece and Portugal)
Spending on housing
Not eligible
Advance Payment
New MS are countries that acceded to the European Union on or after 1 May 2004. Though increasingly outdated, the terminology is maintained for ease of reference. 3 Old MS refers to EU-15
15
16
Identify programme management bodies and define roles Establish legal framework e.g. agreements with Member States Produce financial tables and financial sections of the OP Decide split of funds between priorities and grant rates Define as far as possible all financial management and control procedures e.g. for application and assessment, contracting, management of TA budget
Define systems and requirements for work of programme management bodies (Description of management and control systems) Produce application forms Produce report forms Set up monitoring system (based on application and report forms) for project and programme levels Produce guide for applicants, FAQs and fact sheets Carry out first project development events Identify first, second and third level control bodies Identify and secure required resources (e.g. staff)
Run first project developer events (including advice on project budgeting and financial management) Produce spending forecasts and profile of allocations required Assessment of initial applications and possible adjustment of programme documents Allocation of funding Systems control visit to programme
Monitoring of funds in priorities and possible movement of funds First level control Verify spending and make payments Continuing advice to projects on financial issues Claims to the Commission Payments to projects Initiate second level control Mid-term evaluation
Closure
Final report Winding up declaration Payment of 5% retention from Commission Final payments to projects Closure of programme management bodies
17
De-commitment can put pressure on quality by encouraging programmes to approve inappropriate projects or activities in order to secure higher spending levels. The objective for finance staff is to ensure the efficiency and security of programme implementation while still avoiding a loss of funds and the regional development opportunities this funding should have provided. The key to success is effective planning. An additional challenge is transforming the regulatory framework conditions for implementing the different levels of financial control used in Territorial Cooperation programmes into workable systems. There is considerable nervousness about liability for the misuse of European funds and this has tended to lead to a steady increase in the number of financial controls in place. In some cases the controls used are already disproportionate to the funds involved with, for example, project statements of expenditure being checked three times during first level control in some programmes. Every effort must be made to reverse this trend while maintaining standards and here it is essential to secure the full backing of National Authorities. A related issue is that of eligibility of expenditure and the frequent confusion that arises from interpreting these rules. No regulation or guidelines will ever be able to cover all of the situations that arise in project implementation and no single interpretation will be acceptable to all Member States. This handbook therefore addresses eligibility from the perspective of a small number of key principles and the belief that programmes must develop the confidence to make their own decisions on these issues.
18
19
20
Programme start-up involves a number of key decisions that will have a lasting impact on the effectiveness and efficiency of implementation. The first of these is the selection of the programme management bodies and the next, delegation of the roles and responsibilities between these bodies. The basic outline for these structures needs to be included in the Operational Programme and forms a key part of the Commission decision on whether to approve the programme. The OP is supplemented after approval by a more detailed Description of Systems and Procedures and a Handbook of Standard Procedures. These documents form part of the independent systems check of the programme and also need to be approved by the Commission. Some major changes have been introduced in the new regulations particularly with regard to programme management bodies. These are covered in more detail below but we start with a summary of services that management structures have to deliver to the programme.
Key points in developing programme management structures The framework description of key programme management bodies contained in the regulations is the main tool for building programme management structure Set up a limited number of single programme bodies Single programme bodies serve the interests of all MS participating in the programme Draw up documentation defining roles of programme bodies Each body needs to add value to programme management Management bodies must be well integrated into programme information, managing, monitoring and control systems Management bodies must define the standards and systems that need to be in place in all MS participating in the programme Programme management bodies will perform 4 main programme management tasks: o Allocation of funds o Certifying correct expenditure o Claiming funds from the Commission o Paying funds to final beneficiaries
The biggest change in the new period is the introduction of single programme management bodies and the joint technical secretariat to deliver management functions: Structures in one country that manage the programme on behalf of all participating countries. Every programme has found a different solution and there are many tasks to be assigned. However, the fundamental requirements are relatively clear. Programmes may want to adapt details to their own needs but effective management can be achieved with a limited number of responsible bodies.
Council Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) 1260/1999, 58
22
Key programme management bodies: Monitoring Committee Steering Committee Managing Authority Joint Technical Secretariat Certifying Authority Control and audit bodies (FLC bodies and Audit Authority) Intermediate Bodies Single management bodies Two of the programme management bodies in the new period are referred to as single: The Managing Authority (MA) and Certifying Authority (CA). Put simply this means that there will only be one in each programme. In the past some programmes have divided these bodies by country with one body to look after projects and partners from each country. In future the principle of cooperation will be extended to programme management and each single authority will have to look after all projects from all countries participating in the programme. The concentration of programme functions in a limited number of joint bodies should ensure improved cooperation and efficiency as well as cost savings. The main challenge for these joint bodies is to define the standards and systems that need to be in place in other Member States to ensure sound financial management and to define their responsibilities with regard to these systems. In the past, the division of management tasks and responsibilities between too many different bodies has too often meant that different standards have been applied and that no central source of reliable programme data has been available. Joint management bodies Only one body is referred to as joint the Joint Technical Secretariat. The single bodies are generally national or regional institutions in one of the Member States and staffed by public servants of that Member State. The JTS on the other hand has a representative international staff. Its role is to provide services to all parts of the programme area.
23
Briefing on programme progress in realisation of the agreed business plan Business plan update
What is the Business Plan? Most programmes have a business plan though it has many different names. The business plan describes how the TA budget will be used to meet the programmes objectives and fulfil its obligations. It focuses on concrete actions and should be used as a tool for midterm planning (i.e. 2 years ahead). The content of the business plan can then be used for defining individual annual work plans for different members of staff. It should as a minimum cover the activities of all bodies drawing funds from the TA budget. The plan allows programme bodies to agree realistic management strategies and assess workloads for decisions on staffing. It is approved at the beginning of programme implementation and generally updated every 6 months following programme needs. The business plan also includes programme financial targets and ways of achieving them. Not all actions can be predicted and there is a need for flexibility to deal with actions not in the plan. Such actions should however be an exception so that all management bodies have a sufficient degree of certainty for planning their activities. Basic required content includes: An overview of the current status of the programme and developments since the last MC meeting A forecast of expected developments in the coming period The main tasks to be carried out to meet objectives in the coming period broken down by unit / department An analysis of whether existing resources and particularly staff are sufficient to carry out these tasks An analysis of the TA funds available and how they should be used
Review of the programmes financial position comparing the current position with the targeted position. If there are major differences, a proposal needs to be made for overcoming this problem. Key figures for the MC include: o o o o o Programme allocation by priority (and measure in the current programming period) Payments to date and N+2. What is the programme situation concerning N+2? Is there any threat of de-commitment? The TA budget Is extra spending required by the programme? How much? What initiatives can be taken to secure this? If the programme has de-committed, where will the money be taken from? (This is a discussion that every MC should have near the start of the programme)
Future programme strategy: Over time every programme will encounter problems that need to be solved and situations that call for an adjustment of strategy. Many of these issues are related to the number, quality and thematic focus of the project applications being received at different stages of the programme lifecycle. Information on the financial framework will give the MC an understanding of its options for addressing these situations, such as:
24
As noted above, the MC also provides a forum for programme bodies to question MS representatives on the actions being taken to meet national authority obligations in the programme. This is essential as a number of financial control decisions need to be taken on a national level and experience from the current period has shown that delays in taking these decisions can endanger the whole programme. The main point to bear in mind is that each MS is ultimately responsible for all activities carried out on its own territory. Further responsibilities can be divided into four groups: Information: MS must provide the MA, CA and AA with access to the information they need to carry out their functions. Management and Control: MS are responsible for setting up effectively functioning management and control systems for OP (via the MC) Within max 12 months of the approval of the OP, MS must submit to the Commission a description of systems covering the organisation and procedures of the managing, certifying and audit authorities (this task is generally delegated to the MA) MS will establish procedures for ensuring that all documents in the audit trial meet national audit requirements MS will designate First Level Controllers and ensure that the appointed body completes certification within max 3 months MS, through First Level Controllers, will ensure that all expenditure incurred by partners in the MS complies with Community and national rules MS must delegate a representative to sit on the group of auditors assisting the Audit Authority and to carry out second level control work on their territory when this work has not been sub-contracted Eligibility: MS must provide the national eligibility rules in use for each OP. These rules will apply to determine the eligibility of expenditure except where Community rules are laid down. Irregularities: MS will reimburse to the CA any irrecoverable amounts unduly paid to partners on the Member States territory; MS will report to the Commission each quarter on any irregularities which have been the subject of a primary administrative or judicial finding. Even if no irregularities have been reported, MS still need to submit this report; MS will follow up in each quarterly report on actions taken as a result of previously reported irregularities
26
Maintaining standards Ensuring that projects are approved, delivered and monitored in accordance with agreed criteria On-the-spot checks on at least a sample of projects Ensuring project accounting standards, maintenance of the project audit trail and that payments have been certified correctly by the designated first level controllers Ensuring that project partners are aware of the terms under which grants are awarded and that they have sufficient capacity to fulfil these conditions (Implementing Regulation 13.1) Ensuring compliance with information and publicity requirements
Maintaining standards Ensuring that projects are approved, delivered and monitored in accordance with agreed criteria On-the-spot checks on at least a sample of projects Ensuring project accounting standards, maintenance of the project audit trail and that payments have been certified correctly by the designated first level controllers Ensuring that project partners are aware of the terms under which grants are awarded and that they have sufficient capacity to fulfil these conditions (Implementing Regulation 13.1) Ensuring compliance with information and publicity requirements
Providing reliable data to other management bodies Ensuring that adequate information is provided to the Certifying Authority Guiding the MC and providing it with documents on which to base its decisions Drawing up and submitting reports to the Commission Ensuring evaluations are carried out and meet quality standards
One additional feature of the MA in the future territorial cooperation programmes as opposed to the national programmes is worth mentioning. Under the Territorial Cooperation Objective the MA is not responsible for ensuring compliance with national and Community rules regarding project expenditure5 because different national rules are in place in each country. This task becomes instead the responsibility of the first level controllers in each country. The MAs responsibility in this respect is limited to ensuring that the agreed checks have been carried out by the designated body. Ensuring is a key word in the MA responsibilities as defined in the regulations: The MA does not carry out many of these tasks itself but instead delegates them to another body. Most often it is the JTS that takes on these responsibilities.
General Regulation, 60 (b) and Regulation (EC) No 1080/2006 on the European Regional Development Fund, 15.1
27
What is the audit trail? The regulations and many programme documents refer to the need to safeguard the audit trail. Put simply this means keeping records to show how every EURO of programme money has been spent. In most cases this is simply a matter of storing the invoices issued for products and services delivered. The MA keeps a record of where all of these documents are stored (most of them will be in project offices) so that financial controllers can always know where to check if they have questions. These documents have to be kept until three years after the formal closure of the programme (in theory until 31.01.2019 for the new programmes), as it is still possible for European audit bodies to carry out checks until then. There are, however, some costs for which it is not possible to show an individual project invoice such as overheads where the project will only pay part of e.g. a larger heating bill. In this case documents of equivalent probative value need to be provided. This means that they provide reliable proof of how the money was spent and different programmes and countries have different rules for defining how such documents should be presented. Finally, it is not always enough to prove that the money has been spent. In many cases proof also needs to be supplied that value for money principles have been observed. The most common requirement is for evidence of public procurement procedures showing that attempts have been made to find the cheapest suppliers. See section 7.1.3 for more details of documents required to secure the audit trail. Generally speaking, original documents are needed for the audit trail. In the new programme period each Member State will draw up national standards to be met if copies, electronic versions or other formats are used. If this documentation is not available, the spending it covers will be rejected. The basic rule is: If you cant prove it, it never happened!
Implementing Regulation, 20
29
Managing Authority Certifying Authority Relationship Managing Authority (MA) Certifying Authority (CA)
Approves individual project claims Ensures that project level financial control has been carried out properly Keeps accounting records on project level
Keeps accounting records on programme level Checks that control and audit findings have been implemented
Clear separation of functions and independence is essential Important to avoid duplication of control work
In general terms then, the MA is responsible for approving project claims (on the basis of satisfactory first level control) and for providing the project figures used for drawing up programme claims to the Commission. The CA is responsible for certifying these claims to the Commission by carrying out a control of the information behind the claim. The nature of these checks by the CA varies but they must include a review of: - Measures taken to prevent, detect and correct irregularities, and to report them to the Commission - The conditions pursuant to Article 32(3) and (4) were met (submission of programme complement, annual implementation report, mid-term evaluation etc); - The expenditure declared was incurred and paid within the period of eligibility, and is supported by evidence - The operations complied with the relevant provisions of the assistance as adopted by the Commission Decision and went through the proper selection procedures - Operations related to State Aid were approved by the Commission and requirements from other Community policies, such as public procurement, publicity and environment, have been complied with - Recoveries made since the last statement of expenditure have been deducted from the present statement of expenditure and the amounts recovered are indicated in an annex by measure.
30
6. CA
2. Certify that expenditure claimed complies with relevant rules and regulations
5. Commission
3. MA and/or JTS
31
What are Article 4, Article 9 and Article 10 checks? These article numbers come from Regulation 438/2001, which contains information on financial control in INTERREG. This regulation will no longer apply in the new period but all of the checks it describes will continue just with different names. All project expenditure needs to be checked to make sure that it has really been spent on carrying out project activities and that none of the relevant rules have been broken. After it has been checked, it is officially approved or certified. This process is called First Level Control or Article 4 checks (after the article in the regulation which describes what needs to be done). As outlined above, the CA needs to check that everything has been done properly before accepting project claims and actually paying the money to them. These are the Article 9 checks. Finally, an independent outsider is sometimes asked to check a sample of this control work. This process is called Second Level Control or Article 10 checks. You can find a lot more information on this later in the handbook.
Control and audit: What is the difference? In the current period these two words have been used differently in different programmes leading to considerable confusion in some cases. The new regulations make the terminology clear: Control is first level control and audit is second level control (see the box above for definitions of these terms). Control is carried out by a controller, audits by an auditor.
Poland Hungary Assistance for the Reconstruction of the Economy. Despite the name, the PHARE programme was extended to cover most of the countries of Central and Eastern Europe. 10 General Regulation 1083/2006, 59.2
33
11 12
Implementing Regulation, 12 See Implementing Regulation, 23 for the information that needs to be provided about the AA at programme start-up.
34
National Auditor
Group of Auditors
Project checks
Project checks
Commission
control
35
Key programme management documents 1. Operational Programme (OP) 2. Description of Systems and Procedures 3. Letter of Agreement / Memorandum of understanding
37
Member States
European Commission
Monitoring Committe
Main responsibilities are defined in OP, description of systems and procedures and letters of agreement
Audit Authority
Main responsibilities defined in OP, Art 5 declaration (description of systems and procedures), subsidy contract and approved application Main responsibilities defined in project partnership agreement and approved application
Project Partners
The full content to be included in the description covers four articles of the Implementing Regulation ( 21 - 24) but some of the key information it should provide on each body is: The description of the tasks entrusted to them The organisation chart of the body, the allocation of tasks between or within their departments, and the indicative number of posts allocated The procedures for selecting and approving operations The procedures by which beneficiaries' applications for reimbursement are received, verified and validated, and in particular the rules and procedures laid down for verification purposes in Article 13 [MA administrative and on-the-spot checks], and the procedures by which payments to beneficiaries are authorised, executed and entered in the accounts The procedures by which statements of expenditure are drawn up, certified and submitted to the Commission Reference to the written procedures established for the purposes of points (3), (4) and (5) Eligibility rules laid down by the Member State and applicable to the operational programme The system for keeping the detailed accounting records of operations and information referred to in Article 14(1) under the operational programme.14
14
Implementing Regulation, 22
38
2.5.3 Memoranda of Understanding between the programme and the Member States
Sometimes also known as letters of agreement, these documents are generally drawn up between the national or regional authorities assigned responsibility for programme implementation in each participating Member State and the Managing Authority (on behalf of other programme bodies). They are reciprocal agreements defining both MS requirements from the programme and the programmes requirements from the MSs. Much of the content is standard and defines the relationship between the programme and the MSs and the bodies appointed in each MS for various programme related tasks. Some individual requirements are also included such as additional reporting on projects from a given MS and procedures for paying MS contributions to the TA budget. In general, these agreements attempt to harmonise programme procedures with particular national requirements. In turn the MSs commit to fulfilling their obligations in the recovery of funds incorrectly paid out and providing the information required for the MA, CA and AA to carry out their duties. In the new period this will refer particularly to the timely identification of approved controllers and auditors and providing the national eligibility rules that are to be used in the programme.
39
Bodies in the joint structure should: Work together and communicate regularly Set up good formal and informal communication mechanisms Have clearly defined responsibilities Identify, monitor and adjust the programmes objectives and address all factors threatening their achievement Recognise and respect the challenges of working with different cultures, in different languages and with physical distance
40
No matter how well responsibilities are defined and how good the programmes documentation is, no programme can succeed if the different bodies involved do not work together. Many programme functions involve the close working of at least three or four of the programme bodies. One good example where there have been problems in the current programmes is creating an accurate annual spending forecast. This involves collection of reliable figures from the projects, analysis and adjustment of this data by the MA or JTS before the PA sends the forecast to the Commission. If, as has happened, another programme body steps in during this process and grants extensions to large numbers of projects, all previous work will have been wasted. It is therefore crucial to clearly identify the division of financial responsibilities between the bodies in the joint structure, to identify the programmes goals in terms of financial performance and agree on the measures that will achieve these goals (and perhaps those that will be damaging and should be avoided). It is also important to set up good communication mechanisms, both formal and informal, between the bodies in the joint structure. It may seem too obvious to repeat but different languages and cultures and physical distance can hinder communication and understanding. Despite this, in many programmes staff at different implementing bodies do not meet. This can result in pointless and unfounded criticism while dialogue frequently leads to rapid problem-solving. Investing a little time in this type of meeting may be the single most effective way of tackling internal programme difficulties. Regular communications between the MA, JTS and CA should be established as a priority. In the current programmes physical distance has sometimes prevented this and this has led to the proposal in the new regulations for the MA and JTS to be located close to each other. Some programmes have found it helpful to set out responsibilities and relationships in formal agreements or memoranda of understanding not only between MA and each participating country or region but also between programme bodies such as the MA and CA. It may also help all parts of the joint structure and the MC and SC to operate more effectively if briefing on the nature of financial activities and issues likely to arise during the period of the programme is given at the start of the programme e.g. in a workshop. This may be particularly useful for SC members, who need to be made aware of the implications of approving weak projects. It should also be remembered that many committee members are not financial experts. Good briefing material and an overview of the decisions required should therefore be provided well in advance of each meeting.
41
There is no standard answer to the question of how many staff are needed for the financial management of a Territorial Cooperation programme. The answer depends on the set-up of the programme and the stage of the programme cycle that has been reached (there is a general need for more finance staff in later years when many projects are reporting). This is why it is so important for programmes to predict and monitor workflows, and adjust staffing levels accordingly (see the info box on Business Plans earlier in this chapter). It is clear, however, that some existing staff levels are inadequate and that the bottlenecks this can create are a major threat to programme implementation. This has been particularly problematic in first level control bodies in the current period and has led to the introduction of the three-month time limit for certification in the new period. Obviously, staffing will be the main factor in ensuring that this deadline can be met. As noted above, the Description of Systems and Procedures for the new period requires that indicative staffing levels for management bodies are included to set a realistic baseline. This should be extended to include financial control bodies. Staff carrying out first level control in the current period have in some cases also been neglected in terms of training and support. Their role is vital but they are sometimes left alone with this responsibility and have no formal support structure for providing advice on difficult issues. Programmes should in future consider providing on-going training to address this problem. Where staff are particularly inexperienced, the Audit Authority and national auditors should also be prepared to act as experts providing binding decisions on difficult eligibility questions. In terms of required skills for programme secretariats and MAs the main areas are financial expertise in basic accounting procedures, the operation of EU regulations concerning financial operations, and management of project finances. Staff should also be familiar with the accounting and public procurement procedures of the country hosting the MA and CA and should have some knowledge of national eligibility rules in participating countries. Advisory and presentational skills are also useful for interaction with the MC and SC. The problem of inexperienced staff and high turnover has been identified by system controllers as a major risk factor. This is particularly true of international JTS staff. These staff generally form the interface between the programme management and the projects and need to give fast, clear and consistent advice. The description of systems and procedures can
42
The remaining parts of this handbook cover the requirements that need to met by the programme implementing arrangements established.
43
3. Financial framework
3.1 Sources and uses of programme funds
75%*
25%*
Programme budget (allocated into priorities)
94%*
6%
Programme operating costs (Technical Assistance) 6%*
Programme financing comes from two different sources: European funding from the European Regional Development Fund (or ERDF) and co-financing provided by organisations in each Member State. Once allocated to the programmes, these funds are divided between a number of programme priorities (e.g. 50% for job creation, 25% for the environment and 25% for transport). Projects apply for grants from these priorities and 94% of total programme funds are awarded to the successful applicants. 6% of the ERDF contribution to programme funds (plus the agreed cofinancing) are retained within the programme to cover operating costs. (This is according to the current interpretation of the regulations. This interpretation may however change in the future and the TA budget may be calculated on the basis of 6% of the total programme funds including cofinancing. This section of the handbook covers some of the factors that affect these basic financial flows.
3.1.1 ERDF
The Territorial Cooperation programmes are just one small part of the much larger European Regional Development Fund (ERDF)15. The overall funds for the programmes are decided on the European level. They are then divided between the Member States, which allocate the funds to the programmes they are involved in, based largely on population in the programme
15
Relatively small. Total ERDF funds for the period 2007-2013 are 308,041,000,000. Of this the approximately 80 Territorial Cooperation programmes are allocated 2.52% or 7,750,081,461.
44
Common pot
Funds are allocated (committed) to the programme at the start of each year 2007-2013, with most programmes having a pretty equal allocation for each year. The funds are not, however, paid to the programme bank account. Instead, the programme must claim the funds from the Commission after the projects have spent them, with every programme entitled to claim as much as the Commission has so far allocated. Programme claims actually take some time to start arriving at the Commission because projects must first be approved and start spending. This means that there is always more than enough money committed to cover programme claims. In the past this meant that large amounts were committed to the programmes but were not claimed until many years later (and could not therefore be used more constructively). This was the reason for the introduction of the de-commitment rule whereby the Commission reduces the amount it has allocated to a programme if the funds have not been spent after three (N+2) or four (N+3) years. See the info box on page 13 and later sections of the handbook for more information on how this works.
45
In addition to providing the programme with funds to cover operating costs, the advance payment has important implications for de-commitment. See section 4.1 for more on how this works.
This is a complex subject with significant national variations and we cover only some of the main points here. Anyone wanting to know more should see National Co-Financing of INTERREG IIIA Programmes produced by INTERACT Point Managing Transition and External Cooperation and available on the INTERACT website.
46
47
The actual amounts claimed at the end of the programme are split as follows: ERDF: 75% Public co-financing: 10% ERDF paid: 60 million Private co-financing: 15%
In this case the Commission will say that only 20 million of the required co-financing has been provided (5 million of the necessary public contribution was missing). As a result, the Commission will only pay a total of 60 million out of a possible total of 75 million. Member States have to pay the 15 million bill. Some programmes have made this expensive mistake in the past. Private sector involvement has to be very carefully monitored.
A couple of additional points also need to be considered by programmes planning to include private co-financing. Firstly, there is the risk of bankruptcy, which can be made more acute by the fact that all partners must spend first and wait for payment. If a company collapses halfway through a project this can leave programme authorities trying to reclaim funds for unfinished activities. For this reason many programmes demand bank guarantees from
48
50
Structure
The example above is from the current programme period. In future the split between national, regional and local sources of co-financing will not be required. Column 4 shows the annual ERDF commitments to the programme and will thus set the spending targets for the programme. Other essential information is also included: Separate information on the budget for participating Non-Member States. The table above covers all participating Member States but if Non-Member States such as Norway and Switzerland are participating, a separate table will have to be provided showing their contribution. This allows programmes to ensure that allocations to partners from these countries do not exceed permitted levels (i.e. the amount these countries have paid into the programme). This will continue to be the case for Norway and Switzerland in the new period. Most other participating non-Member States will be covered by the IPA or ENPI17. Some programmes in the current period have also included a split by Member State based on each countrys allocation to the programme. This will not be permitted in future.
17
Programme financial tables in the new period will be simplified offering flexibility to programmes. According to EC 1080/2006 12.6, each OP shall contain 2 financial tables. The first one should break down for each year the amount of the total financing appropriation envisaged for the contribution from ERDF. It is much simpler compared to the tables required in the current period as it only gives information on the ERDF budget available each year.
Programme financial table: Split by year Year 2007 2008 2009 2010 2011 2012 2013 Grand Total 2007 2013 ERDF
Programme financial table 1, EC 1080/2006 12.6a The second programme financial table required in the new period specifies for the whole programming period, for the OP and for each priority axis, the amount of the total financial appropriation of the Community contribution, the national counterparts, and the rate of ERDF contribution.
52
Programme financial table: spit by priority axis and financing source For information EIB Other
The programme budget is divided between a number of different priorities, defined as: One of the priorities of the strategy in an operational programme comprising a group of operations which are related and have specific measurable goals;18 The allocation of funds between priorities ensures that different funds are targeted at different objectives and each priority will receive a higher or lower share of the total funds depending on its importance. Typically there should be 3 or 4 priorities in each programme in the new period. Current programmes are also managed through priorities but each priority is also divided into a number of more detailed measures. There is a separate budget allocation for each priority and measure (though the split between measures is not included in the programme financial tables). In future there will be no measures and the priorities will instead be managed through quantified targets set for each priority (the measurable goals referred to above). These quantified targets should provide a useful tool for monitoring the distribution of programme funds across priorities and give a clear indicator of when there is a need to allocate additional funding to under-performing priorities.
18
19
It was stated above that programme funds were made up of 75% ERDF and 25% cofinancing. In actual fact, the situation is more varied than this and will be even more so in the coming period. Current period 2000 2006 In the current period, the percentage of ERDF funding granted to projects varied according to the region where the project partner was located: The standard rate was 50% but regions in the less wealthy Objective 1 areas received 75%. This meant that two partners from the same project might have different grant rates and this has been very difficult to manage. New period 2007 2013 In future, all project partners in the same programme will be eligible for the same rate of ERDF funding either 75% or 85%. The two different ERDF rates depend on the GDP of the participating Member States with 85% ERDF for programmes including a new Member State, Greece, Portugal or one of the east German lnder. All programmes including at least one of these countries will use the 85% rate (though see below). All other programmes will use the 75% ERDF rate. Co-financing will therefore be reduced to 15% or 25% respectively. It is, however, important to note that these rates are maximums and are applied to the programme level. This means firstly that programmes may adopt a lower ERDF rate for the whole programme if they can gain the support of participating Member States. This can be essential if total programme budgets are not to be cut significantly (see the info box below). Secondly, different ERDF rates may be applied to different priorities with a minimum of 20% and up to a maximum of 100%. The most urgent priorities may therefore be funded at a higher rate to encourage applications (though 100% ERDF funded projects imply a risky lack of financial commitment from participating partners). Finally, different projects within the same priority may also be funded at different rates: The only requirements are that decisions are taken on the rates for the priorities when the programmes financial tables are drawn up and that the costs reported for the programme as a whole do not exceed the 75% / 85% maximum. Why some programmes are rejecting 75% ERDF The increase in ERDF payments is a real benefit to projects as it greatly reduces the amount of co-financing they will have to find. On the programme level, however, it reduces the funds available for the programme area considerably. For example:
2000-2006 Programme ERDF budget ERDF rate Co-financing provided Total budget available 100 million 50% 100 million 200 million
As a result some programmes in Member States where finding co-financing has not generally been a problem in the past have already decided to keep the 50% ERDF rate. Other programmes will see an increase in the ERDF budget, which will offset the reductions in co-financing. Others again accept the reduction as a necessary consequence of improving a difficult co-financing situation. One unfortunate consequence is that there may be funding competition between overlapping programme areas with regions eligible in two programmes choosing the one with the higher ERDF grant. This again needs to be monitored and tackled if the problem is emerging.
55
As can be seen, if funds are moved to a priority with a higher ERDF rate, the value of these funds shrinks because the co-financing provided is smaller. This means that the programme will not provide all of the required co-financing and risks a cut in the ERDF contribution. There are many possible solutions but the missing co-financing must be provided somehow.
Claims to the Commission may also run into related difficulties if different rates are used. Spending in a given period will be weaker in some projects and priorities than others. If projects with one grant rate under-perform while those with another do well, the spending reported to the Commission may not reflect the required split between ERDF and cofinancing. Different priority rates and implications: Example ERDF rate by priority (Programme =75%) Reported expenditure by priority Total ERDF reported Total co-financing reported 60% 75% 90%
Total 225
176,25 (=78.3%) 48.75 (=21.6%)
50
75
100
30 20
56.25 18.75
90 10
Solutions have already been proposed in the Communication from the Commission on the simplification, clarification, coordination and flexible management of the structural policies 2000-0620. Two possible solutions can be applied and are already used in similar situations in existing programmes. Under payment option A (see section 9.3.2 of the communication), the Commission caps payments at 75% ERDF. In the example above, the Commission would pay only 168,75. The remainder of the ERDF claimed would be held until a future claim included less than 75% ERDF. At this point the remaining funds would be paid out provided that total payments did not exceed 75% ERDF. It should be noted that all ERDF claimed counts towards meeting de-commitment targets even if it has not been paid because of capping.
20
C(2003) 1255 Communication from the Commission on the simplification, clarification, coordination and flexible management of the structural policies 2000-06
56
57
Summary The TA budget funds programme operating costs Programmes should present a Business Plan at the first meeting of the MSC explaining how the TA budget will be spent. The Business Plan should be updated annually to reflect progress, changes in objectives and activities, efficiency savings and resources required for the coming year The most satisfactory approach to making national or regional contributions to the TA budget is to secure advance payments based on detailed forecasts of activities and budget requirements over the year ahead It is important to apply cost control to the TA budget, particularly in smaller programmes where fixed costs take up a larger amount of the budget. Interest arising from Member State or regional contributions to the TA budget can be spent on general measures to support the programme There is a substantial change in the new programme period: TA budgets will be capped at 6% of total programme funds (According to the current interpretation of regulations)
One of the priorities in the financial tables will also show the TA budget or operating costs for the programme. This is financed in the same way as all other costs with an ERDF contribution and a co-financing component. The programmes TA budget is kept in a separate bank account to ensure that there can be no confusion with other programme funds. Current period 2000 2006 The TA budget to fund programme administration is currently split into two headings. One covers staff, training, office, travel and accommodation, programme meetings, audit and financial control, financial management, employer costs and miscellaneous. This should constitute no more than 5% of total programme funds. The second heading covers other expenditure such as seminars, studies, evaluation, computerised management systems and communication costs and there is no ceiling (other than what is approved in the programme financial tables). Big programmes have tended to set aside 5% for all TA activities while smaller programmes have made use of this flexibility to increase total TA budgets to as much as 10%. New period 2007 2013 In the new period, the TA budget will not be split in this way and the limit for technical assistance covering all activities will be 6% of the total programme funds meaning a cut for some programmes. (This is according to the current interpretation of regulations and this may be changed in the future, i.e. TA budget may be calculated as 6% ERDF contribution to the programme). The fact that TA is based on a percentage of total programme funds has always been problematic for small programmes and will continue to be so. Small programmes have previously made most use of the flexibility to increase overall TA budgets: Since the fixed costs of operating programmes tend not to vary greatly, there is less freedom for smaller programmes to adjust their level of activities and associated costs. So, the smaller the programme, the greater the importance of closely monitoring the TA budget. Even programmes increasing their TA budget from 5% to 6% may well face a fall in the actual funds available because of the new ERDF and co-financing rates (see the info box below). With more bodies (such as the AA) potentially able to claim TA funds, there will be a real need for strict budgeting.
58
This example uses a 75% ERDF rate. Obviously, the situation will be worse in programmes with an 85% ERDF rate. In large programmes this kind of TA cut may be acceptable as there will still be enough money to carry out activities. In others (especially small programmes) the possibility could be used to vary the co-financing rate between priorities. The TA priority could still be co-financed, for example, at the 50% etc, ensuring no cut in TA funds. This situation is presented in example 3 and 4. Example 3: Programme uses the flexibility rule allowing it to decide different grant rates for different priorities Calculation of TA in 2007 2013 in case of 75% ERDF and 25% MS co-financing for all priorities with the exception of 50% ERDF and 50% MS co-financing for TA priority 75% ERDF for programme: ? 100.000 25% MS co-financing: ? 33.000 Total programme funds: ? 133.000 If 75% - 25% rates were applied to TA, TA budget is: 6% of ? 133.000 = ? 7.980 ERDF contribution to TA: 6% of ? 100.000 = ? 6.000 an the ERDF rate in this case is 50% MS contribution to TA: 6% of ? 100.000 = ? 6.000 since MA agreed a 50% co-financing rate Total TA budget: ? 12.000 In this example, 75% - 25% rates are used for all priorities except TA. This represents a situation where MSs participating in the programme have agreed different rates for TA: 50% ERDF and 50% co-financing in order to get a higher TA budget. It is possible for MS to agree a higher co-financing rate for the selected priorities, e.g. TA as long as it does not influence the co-financing amount promised by MS. Example 4: Programme uses the flexibility rule allowing it to decide different grant rates for different priorities Calculation of TA in 2007 2013 in case of 85% ERDF and 15% MS co-financing for all priorities with the exception of 50% ERDF and 50% MS co-financing for TA priority 85% ERDF for programme: ? 100.000
59
Monitoring systems consist of two important elements: The data that is collected and the databases for handling this data. These systems need to be set up to fulfil regulations but should also be a useful tool for financial management. Once more, the main factor in developing useful systems is to ensure that they are put in place at the start of the programme: Project applications, report forms and the monitoring system should all draw on the same key data and all three need to be developed together. Territorial Cooperation programme monitoring systems need to fulfil a number of different requirements. Firstly, there is a need to track individual project spending on the one hand and the progress of the programme on the other. Project monitoring should track performance against financial targets and allow finance staff to check spending on different budget lines, by partner etc. This information is used in processing and approving project claims and for assessing project progress. This part of the system must provide reliable data and include targets against which to measure actual performance. Monitoring systems also need to be able to aggregate this information and provide an overview of spending on priority level, programme level, for non-Member States etc. in order to provide the information needed for reporting to the Monitoring Committee and making claims to the Commission. The Implementing Regulation contains the minimum information required21. This essential programme information must be accessible by the Managing, Certifying and Audit Authorities22. In addition programme level monitoring should provide information on achievement of the measurable goals for each priority. Just as importantly, monitoring systems need to track activity progress alongside spending and allow comparison between the two. Project application forms should provide enough information to assign costs by year, by partner, by budget line and to the main work packages and the monitoring system should mirror this. Progress on activities can then be monitored
21
List of data on operations to be communicated on request to the Commission, EC 1828/2006, Annex III 22 Implementing Regulation, 14.1
62
Study on Selected Monitoring Systems published by INTERACT Point Managing Transition and External Cooperation and available on the INTERACT website.
63
2007 2013
2 grant rates: Up to 85% ERDF programmes with new MS, Greece, Portugal or one of the east Germany lnder. Up to 75% ERDF other programmes
Claims to the Commission may be capped if different priority rates are used
Transfer of funds between priorities with different grant rates can be complex TA consists of two measures Measure 1 capped at 5% of total programme funds Measure 2 uncapped No breakdown of TA. 6% of all programme funds for all TA activities (according to the current interpretation of regulations, which may be changed in the future, i.e. TA will be calculated as 6% of ERDF contribution to the programme) Upon MS agreement, it is possible to use different grant rates for TA
Simplified financial tables recommended by the Commission No split by MS in the programmes financial tables Some programmes monitored spending by MS National/regional sub-accounts for ERDF sometimes exist National / regional sub-accounts for ERDF must not exist (official sub-programme funds are possible) Programmes should set up only two joint programme bank accounts for: Funds to be allocated to projects TA Priorities and measures in the programme financial tables Only priorities in the programme financial tables Priorities will be managed through quantified targets set for each priority
7% Advance Payment paid to programme at once 7% or 5% Advance Payment paid to programme at the start in annual instalments: 2%-3%-2% or 2%-3%. Programmes liquidity in the first year may be reduced
64
Programmes enter their main operating phase when they start to allocate funds to projects. The phase has two main objectives. Firstly, ensuring the quality of the operations funded through effective selection, monitoring and control. Secondly there is programme efficiency: The aim should be to make 100% use of funds by ensuring that nothing is lost to decommitment and that this process is part of day-to-day management and not an annual end of year crisis. One key to success is to avoid slow and/or insufficient spending by projects. Another, which forms the focus of this chapter, is the basic programme procedures governing the granting, monitoring and payment of funds.
65
Calculating N+2. Money committed on 1 January 2007 and unspent by 31 December 2009 will be de-committed. Money committed in 2008 must be spent by 2010 etc.
2%
3%
2007
2008
2009
2010
2011
2012
2013
2014
Example: Calculating de-commitment targets in case of a programme working with 5% Advance Payment (3% - 2%) Total programme ERDF budget: 100 million Programme advance payment (5%): 5 million Total ERDF committed to programme 01.01.07: 14.28 million Total ERDF committed to programme 01.01.08: 14.28 million Total to be spent by 31.12.09: 9.28 million (= First commitment advance) Total to be spent by 31.12.10: 23.56 million (= Total of first target + second target) The same applies to programmes working with a 7% advance, as the final 3% instalment will still be paid in 2009 in time to be counted towards the 2010 de-commitment target. One final point applies to programmes working with N+3. N+3 only applies for the first half of the programme period and in 2011 these programmes will switch back to N+2. This means that at the end of 2013 these programmes must achieve the double target of spending all the funds from 2010 and 2011.
N
2007 2008 2009 2010 2011 2012 20 13 2014 2015 2016 2017
66
There are two basic approaches to allocation: Some programmes allocate strongly at the start to build up a good safety margin. Others prefer to spread allocations more evenly throughout the programmes lifetime by limiting the amount of funds that can be granted at any one meeting of the Steering Committee. This approach is risky and requires strict monitoring and project budget discipline to compensate for the small safety margins. As a result, projects under this system tend to be smaller and have a fixed and limited running time (e.g. two years) making it easier to detect and take action against under-performance at an early stage. Put simply, allocating a large proportion of programme funds in the early years of the programme is safer and it is this approach we focus on. Financial targets and safety margins As explained above, the commitments of funds from the Commission and the threat of decommitment set the main targets for programme performance. Finance managers must monitor expected TA and project spending against these targets and ensure that annual spending will exceed the de-commitment threshold.
Expected TA spend 2010 140.000 Total programme funds allocated 50 million Forecast project spend 2010 (according to project budgets) 23 million Safety margin 2.140.000 Expected real project spend 2010 15 million
As can be seen, a large proportion of programme funds need to be allocated at an early stage to provide a sufficient safety margin. It is also important to note that the annual spending targets provided by the projects themselves are generally not a reliable way of determining real programme spending forecasts. Projects tend to under-perform particularly in their first years of operation and finance staff need to develop a picture of the normal extent of this under-performance and adjust expectations about project performance downwards.
To avoid de-commitment, it is crucial to get projects up and running early in the programme cycle so as to generate payment claims at least in the second year after programme approval. Given that project spending is generally slow at first, a large percentage of the programme funds will have to be committed in the first two years of the programme if reasonable de-commitment safety margins are to be established. It is difficult to provide exact figures because they will depend very much on the projects approved (some projects, for example, do achieve significant spending in their first year) so finance staff need to update forecasts after every SC meeting.
67
The main requirement for this approach is a good supply of quality applications from the start of the programme meaning that project development activities should start even before programme approval and a significant proportion of TA funds in the first years of the programme should be devoted to project development activities. The main drawback is that it creates a funding gap in the later years of the programme when there are very few funds to allocate to projects. This, however, is the price for avoiding de-commitment and keeping all funds in the programme rather than returning them to the Commission. Programme opinions vary on what sort of projects it is better to go for in the early years of a programme. Large projects can provide significant spending and can spin off other projects later in the programme. However, they can also be at higher risk of not spending all of their allocation and can be slow to start spending creating major problems because of the scale of funding involved. Short projects (i.e. two years) often progress well because of the time pressure and make it easy to recycle money left at the end of a project in later years. However, if these projects plan a follow-up, there may be disappointment if there is no funding left for this purpose. One proposal for avoiding this problem is to approve the whole project budget at the start but only release the second half of the grant on satisfactory completion of the first half of the project (effectively creating two sub-projects). On balance, a varied portfolio of different projects will spread the risk more evenly. Of course, it is the Steering Committee that actually decides on which projects are approved. Finance managers however need to guide the committee on the pace of allocations required if de-commitment is to be avoided and the programme as a whole needs to ensure that there are enough quality project applications available to meet the required pace of allocations. The diagram below shows an approximate profile.
68
Clearly, this allocation profile creates a very different situation towards the end of the programme allocation phase by which time funds are very limited. To manage the final project approvals, the total budget available in each priority should also be announced to guide applicants on the realistic levels of grants that can be expected. Finance staff have a key role in trying to advise projects on realistic budgets at this stage (without encouraging applicants to go for the maximum funding available). Some programmes advise funding exploratory projects at this stage, which will generate early spending in the next programme funding period when submitting full implementation proposals. Caution is needed here, however. Exploratory projects should explore new concepts rather than developing actual applications for the new period (an ineligible activity). There can be difficulties when funds are running low. Often there are more eligible applications than funds available and as a result some programmes have reduced the budgets offered to the approved projects. This does not seem to be an acceptable way of proceeding. A project cannot be expected to carry out the same activities in the application with a significantly lower budget. If both budget and activities need to be changed what exactly is the SC approving? The SC needs instead to take the difficult decision to reject projects that would have been approved if there was enough funding. Finance staff need to play a key role at this kind of meeting and to show the effects of each approval on the budget remaining in each priority. The allocation phase ends when the programme has allocated all of its funds. This must also include as much as possible of the unspent project funds, which will be released back to the programme budget as projects begin to close. Although the programmes run 2007-2013, these are the years in which the Commission commits money to the programmes. The deadline for spending the final funds in the new period will be 31 December 2015 (the N+2 deadline for the final funds committed on 1 January 2013). This means that all project activities have realistically to be completed no later than June 2015 to allow the programme to assess final reports etc. The last allocations for short study projects could therefore in theory be as late as January 2015 so although the allocation process will certainly slow down, it does not end until just before the end of the programme (the same timelines refer to the current programmes with the deadline for spending set at 31 December 2008).
69
71
Ground rules for conditional approvals Only set clear conditions. Make sure that asking whether conditions have been met can be answered with a simple yes or no. o E.g. Include one German regional partner o Increase private sector involvement Set clear deadlines for when conditions have to be met o E.g. Within two months o Before a contract will be issued Do not set conditions that fundamentally change the project o E.g. Add a publicity work package o Remove the research work package Reduce the budget by 250.000 Do not allow the conditions stage to drag on. Either the conditions are met in time and the project is approved or they are not and the project must re-apply. Conditions that break these basic rules are likely to be the result of requests for quite major project changes. In such situations the correct approach is to instead reject the project and ask it to return with a sound application that can actually be used as the basis for contracting and implementation. Major changes to budgets are particularly common and particularly problematic (and often stated by project managers as one of the most negative features of programme management). Programmes have to assume that budgets are based on a realistic assessment of the resources required to complete activities. Budget changes can therefore be expected to fundamentally change the activities that will be carried out. Of course, some budgets are unrealistic but these projects should be rejected and asked to return with a usable budget; budget conditions should be limited to fine-tuning as is done very successfully in some current programmes. There is, however, in many cases an unfortunate link between conditional approvals and automatic co-financing (see section 3.1.3). It can be important for co-financers to get their co-financing funds allocated by certain deadlines and one way of doing this can be to approve bad projects with major conditions to try and make them better. This either takes a long time or it never happens and the programme is stuck with weak projects. Conditional approvals can also increase when programme calls for applications are organised by priority, as it is not certain when a rejected project will have another opportunity to apply under its theme. Again, flexibility is the key here by allowing these projects to re-apply under any call.
Conditional approvals have sometimes led to long delays and considerable anger among project developers. One benefit of these delays can be that they give programme management a chance to get management of the project off to a good start. But it is better to avoid unsound projects in the first place. For relatively minor conditions it may be appropriate to write the condition into the subsidy contract and check that it has been met when the first payment claim is made.
4.4 Contracting
The final step of the approval process before project operations can begin is issuing the contract. Although programmes encourage projects to start as soon as they receive formal notification of approval, many will not or cannot. Contracting should be a formality and contracts should be standardised as much as possible. A maximum of two months should be
72
73
Funds available from advance CA pays project No funds available CA initiates claim to Commission
? ?
CA approve s claim
CA draws up statement of all funds paid to projects + approved claims awaiting payment + TA expenditure
Commission approves the claim and makes payment to programme account CA pays outstanding claims
As can be seen the aim of the advance payment is to pay the first project costs before the first claim is submitted to the Commission and to fund the TA activities required during start up. Generally speaking problems tend to occur in the early stages if there are problems in certifying project expenditure. There are very few cash flow problems as the totals of the project claims received at any one time rarely exceed the amount of the Commission advance. When cash flow problems are expected there are two basic approaches: Small partners and limited resources. In some programmes average partners do not have the funds to pre-finance project activities and they cannot afford to wait long periods for programme payments. In these cases the aim is always to make payments as soon as possible and to ensure that the programme always has sufficient funds in its account to cover the claims expected. This requires reliable spending forecasts and quick procedures for drawing up claims to the Commission. Programmes in this situation often also use rolling reporting allowing projects to report and claim whenever they have sufficient expenditure rather than according to set deadlines. This allows project partners to monitor and manage their own cash flow.
74
75
2007
2008
Programme claims to the Commission The forecast sent to the Commission for 2008 should include the amount claimed in the end of year claim for 2007 and the mid-year claim for 2008 and both of these amounts will be paid in 2008. It should not include the end of year claim for 2008 because this will not be paid until 2009. All claims for payment received by the Commission before 31 October each year will be guaranteed payment in the same year and should therefore be included in the forecast. Claims sent later should be part of the forecast for the next year. Programmes, however, need to monitor how much they will be able to claim from the Commission each year not how much is actually paid in that year because all amounts for which the Commission receives a claim on or before 31 December each year count towards meeting de-commitment targets. The programmes forecast will therefore cover the claims included in each year.
In the past, programme forecasts have often been extremely inaccurate - in part due to confusion about what is actually required. This has unfortunately contributed to the perception that the INTERREG programmes are in some cases badly managed, as the figures forecast bear little relation to the actual spend achieved. If effective project monitoring tools are in place and project management is of a sufficient standard, the data for making reliable forecasts should be easily available. At least one common practice in the current period has made effective forecasting in some programmes impossible. This is the granting of allow time extensions to projects. All programmes are willing to consider this type of request from projects but approval should be granted by central programme management bodies and implications should be integrated into programme forecasts. In some cases however, Intermediate Bodies make this decision independently with some programmes reporting that the number of projects given extra time may be as high as 80%. Clearly this means that it is impossible to predict project spending over time. In addition to the forecasting problems this presents, it also raises serious questions about the quality of project management and the effectiveness of programme cooperation. It also means that the management of N+2 becomes almost impossible as programmes can never know what a project will actually spend in any given year.
78
Delays in submitting claims and reporting information is inadequate CA can be slow to make payments. Projects become less willing to support the programme and make claims 1. Project
6. CA
Claim must fit figures in the OP financial tables. Maths mistakes common.
May reveal significant problems with claims and can take as much as 1 year in some countries. Max 3 months in future!
4. CA Understaffing and uncertainty on interpreting project data may cause bottlenecks in processing. More information may be needed from projects.
Will block project claims if information is inadequate or there are unresolved control issues with the payment declared
79
81
Recent Commission audits have been critical of the use of this rule. It is very unlikely that this practise can be accepted in the future.
82
83
25
What is a project and what is a project budget? These questions may seem too obvious to even ask but the answers influence a programmes whole approach to managing the implementation phase. Projects are defined by two features: They have limited and fixed objectives. These are additional to the activities normally carried out by the organisation involved. They have a limited lifetime. Objectives should be met within the time specified and the project should then be closed. These two features should allow project developers to develop a budget based on the activities needed to meet the objectives and the resources required to carry out these activities within the time allowed. The role of the project manager is to ensure that objectives, time limits and budgets are respected. If they are not, project management is failing.
26
Territorial Cooperation Project Management. Produced by INTERACT Point Qualification and Transfer in Denmark.
85
Two approaches to deciding the project budget THE RIGHT WAY THE WRONG WAY
Budget available
Budget required
86
How in more detail should a project move from an activity plan to a realistic budget? There is a three-step process that should provide the right level of accuracy: Resource planning, Cost estimating and Cost budgeting. These steps form the basis for cost control once the project is operational. At first sight this process may seem overly complicated and intimidating. In actual fact it is not. It is really just the same process you would use if you were going to redecorate your kitchen just on a bigger scale. Put basically, you need to decide what your new kitchen will look like, how and when you will do the work, what supplies you will need and how much outside help you will need for the specialist jobs. You then use this to put a price on everything. If you have done something similar in the past, your experiences will help you make sure that your plan is realistic. If not, you might want some expert advice to make sure you have not missed anything. You will probably also want to allow a little bit of extra money and time for those nasty unexpected surprises that always happen.
Project budgeting
Resource Planning
Cost estimating
Cost budgeting
Cost control
87
88
Expenditure in Euro 1. External experts and consultants 2. Staff 3. Travel and accommodation 4. Meetings, conferences, seminars 5. General costs (specify in appendix) 6. Promotion and publications 7. Material investments, including infrastructure 8. Audit 9. Other (specify) 10. Irrecoverable VAT Total eligible expenditure ERDF Own contribution Total funding
Lead Partner
Partner 2
Partner 3
Partner 4
Partner 5
Total
89
Project timetab le Tasks 1 Phase 1 Task 1.1 Task 1.2 Task 1.3 Phase 2 Task 2.1 Task 2.2 Task 2.3 Phase 3 Task 3.1 Task 3.2 Task 3.3 xxx xxx xx xxx x xx xxx x xxx xxx xx xxx x x xxx xx xxx xxx xx xxx x x xxx xx 2 3 M onth s 4 5 6 7 8 9
Resou rce allo cation Days 1 Phase 1 Task 1.1 Task 1.2 Task 1.3 P1 - s ub total Phase 2 Task 2.1 Task 2.2 Task 2.3 P2 - s ub total Phase 3 Task 3.1 Task 3.2 Task 3.3 P3 - s ub total Gran d total 1 2 3 6 18 1 2 3 6 18 1 2 3 6 18 1 2 3 6 18 1 2 3 6 18 1 2 3 6 18 1 2 3 6 18 7 14 21 42 126 1 2 3 6 1 2 3 6 1 2 3 6 1 2 3 6 1 2 3 6 1 2 3 6 1 2 3 6 7 14 21 42 1 2 3 6 1 2 3 6 1 2 3 6 1 2 3 6 1 2 3 6 1 2 3 6 1 2 3 6 7 14 21 42 2 3 Partners 4 5 6 7 Total
90
In summary, the application needs to provide enough information for programmes and project managers to assess and monitor: Partner performance over time Partner performance by budget line compared to outputs achieved Whether work packages are being achieved on time and in line with the budget This will allow them to identify quite precisely the cause of any problem and target their response. In the worst case if money is de-committed from the programme and project grants have to be cut, this information can also be used to target these budget cuts so partners who are delivering as agreed are not affected. This makes it possible to judge whether the budget corresponds to the activities proposed in the application form and whether resource allocation to, for example, staffing seems reasonable in terms of the activities planned.
91
27
See the Handbook on financial support to draft INTERREG project applications produced by INTERACT Point Toolbox in Valencia for more details on the administration of these schemes.
92
28
See Good Practice INTERREG III Strands A, B & C selection and eligibility criteria produced by INTERACT Point Toolbox, Valencia. The main argument presented here is to ensure that criteria are not based on subjective, qualitative judgments.
93
What is eligibility? Eligibility is a key term in project implementation. There are EU, national and programme rules on the type of costs that will be accepted and those that will not be accepted. Generally these are a matter of common sense it is clearly unacceptable to use taxpayers money on first class travel, five star hotels and champagne. This type of rule is discussed in more detail in the section on financial control. As well as addressing costs, however, eligibility is also concerned with activities. Each programme defines the type of activities it will support. These are designed to address the most urgent problems in the programme area and must be in accordance with relevant EU, national and regional policies. Programmes must also check that the activities they plan to fund are not covered by other EU programmes operating in the environment, agriculture, transport sectors etc. This may mean that some actions that are relevant for regional development are not allowed under the programme. Project developers need to accept this and follow programme guidance even if it means dropping otherwise valuable activities. There are also rules about the types of organisation that can be involved in a project. Some programmes exclude the private sector (see the section on private co-financing) and all have strict rules about involving partners from outside the programme area. Finally, eligibility covers some basic project requirements. For example, are there enough partners from enough countries? Is all of the co-financing in place? These rules come from various levels and there is generally a good reason for them. Projects must know them and respect them: Once they are in place programmes are required to enforce them rigidly.
The eligibility check during the assessment stage is mainly concerned with assessing whether the activities proposed fit the programme and the relevant rules and regulations as well as checking formal requirements such as letters of commitment for co-financing. It is not concerned with assessing individual items of expenditure, which is the job of first level control. A good application should contain sufficient detail about the activities to be carried out for the programme to be able to spot obviously ineligible activities and areas where there is a possibility of later problems. The more effort put into the process, the fewer the problems likely to arise at payment claim and monitoring stages. The eligibility check should also confirm that project activities comply with national laws and rules. Unlike other Structural Funds programmes, in Territorial Cooperation programmes this is not normally the job of the MA. Because of the large number of countries that may be involved in a programme, it is unrealistic for one body to assess compliance with all of the different national rules. As a result, representatives in each Member State play an important role in the assessment of eligibility as they often carry out the first check against national rules. In some cases this is done by Steering Committee members after they receive the assessed applications and before the committee meeting. In other cases there are separate sub-committees that consider all applications including a partner from the Member State concerned. The formal member of the Steering Committee then presents the views of the sub-committee. Whichever system is used for making these decisions, any problems should be reported to the programme as soon as possible and before the official meeting of the Steering Committee.
94
Two new eligibility criteria: Cooperation criteria and the partner capacity check Many cross-border programmes will experience one significant change at the start of the new programme period: It will no longer be possible to have projects with partners from just one country: All cross-border and transnational projects must have partners from at least two countries and all inter-regional projects must have at least three countries (of which at least two must be Member States). In addition, there are a number of cooperation criteria and every cross-border and transnational project must fulfil at least two of these criteria. All inter-regional projects must fulfil all four criteria. The cooperation criteria all future projects will have to comply with are: Joint development. Meaning that the project must be designed by representatives from both sides of the border. Project proposals must clearly integrate the ideas, priorities and actions of stakeholders on both sides of the border. The Lead Partner is the coordinator of this process but should include other partners from the start of the design process. Joint implementation. Meaning that activities must be carried out and coordinated on both sides of the border. It is not enough that activities run in parallel: There must be clear content based links between what is happening on either side of the border and regular contact between the two sides. The Lead Partner is responsible for ensuring that activities are properly coordinated, that schedules are kept and that the right quality levels are achieved. Joint staffing. Meaning that the project should not duplicate functions on both sides of the border and staff on both sides of the border should work together on the project. Partners should not merely carry out activities in parallel without coordination and exchange. As a minimum there should be a joint project manager with overall responsibility for project activities on both sides of the border. The Lead Partner is generally the employer of core project staff, but project partners should also allocate staff according to their responsibilities within the project. It is essential that the Lead Partner is allocated sufficient resources for overall project management. Joint financing. Meaning that there will be only one joint project budget. This budget should be divided between partners according to the activities carried out. There is also only one project bank account (held by the Lead Partner) and payments are made from the programme to this account. The Lead Partner is responsible for administration and distribution of these funds and for reporting on their use (through collecting partial reports from partners). Co-financing should come from both sides of the border and from all partners and illustrates the commitment by each partner to the joint project. It should be stressed that meeting two of these conditions is a minimum requirement. In many programmes projects already meet all four conditions and this will be expected to continue. The number of projects fulfilling two, three or four of the cooperation criteria is also a programme performance indicator in Territorial Cooperation programmes and fulfilling more than two of the criteria will strengthen project applications. Also, once the process of integration has started through, for example, joint project development it is probably actually easier to cooperate on all four levels. Finally, it is possible for operations to be implemented on the territory of just one country but they still need to be presented by organisations form at least two countries and fulfil two of the cooperation criteria. These points are covered in the ERDF Regulation 1080/2006, 19. The second new check covers the capacity of the partners to fulfil their role in the project. This check is defined under the responsibilities of the Managing Authority in the Draft Implementing Regulation, 13.1 where it is stated that the MA:
95
shall ensure that beneficiaries are informed of the specific conditions concerning the products or services to be delivered under the operation, the financing plan, the time-limit for execution, and the financial and other information to be kept and communicated. It shall satisfy itself that the beneficiary has the capacity to fulfil these conditions before the approval decision is taken. As a result future application forms can be expected to request basic information on partner capacity. Most of this checking will, however, probably be delegated to the Member States in Territorial Cooperation programmes. It is easier for each country to check the partners on its own territory and this already takes place in most programmes as part of the preparations for Steering Committee meetings.
In conclusion, the eligibility check provides basic information such as whether activities will be carried out in the eligible area and whether partners are from eligible organisations. It may sometimes be possible to identify specific activities that are ineligible because, for example, they break State Aid rules but assessment of the application can never guarantee that ineligible activities will not be carried out and can never replace post-approval advice and control of eligibility.
96
None of these factors are sufficient reason for rejecting a project but if they are combined with an application that leaves doubts about the exact activities to be carried out and the allocation of resources to these activities, the project risk is probably too high. The size of the risk (i.e. the size of the project budget) should definitely be considered. Large projects should be expected to be very specific about their plans, while a micro-project of 10.000 can be accepted on the basis of a much briefer outline. It is worth considering this element of risk and trying to develop a portfolio of approved projects that have a reasonable balance of higher and lower risks. This will allow programmes to absorb delays in some projects without encountering significant de-commitment problems.
29
See the section on programme documents and Recommendations for the implementation of INTERREG III subsidy contracts produced by INTERACT Point Toolbox in Valencia. Note that this
97
second document covers the current period 2000 - 2006 and some modifications may be required for the new period 2007 2013. 30 See Good practice INTERREG III partnership agreement, produced by INTERACT Point Toolbox.
98
99
How to avoid project spending problems Set up separate accounts for project funds. Or at least ensure that every partners accounting system can clearly separate project costs. Control visits have sometimes revealed that this basic requirement is missing. When this is the case, there is no evidence for which costs have been assigned to the project or why. The probable result is that large parts of the expenditure involved will be judged ineligible. Involve partner finance managers from the start. Organisations have their own financial management systems and procedures. All partners need to check that these comply with programme requirements and the systems can deliver the evidence that is needed. Secure the audit trail. All partners must keep all invoices. Supporting documents are also needed such as timesheets for part-time staff and calculations of overhead costs. If these documents are missing, the costs involved will not be accepted. Keep your filing up to date and find out what to file. Control visits typically have to be announced only two weeks in advance. You should make sure that you always have all documents available. Commonly missing documents are contracts and evidence of public procurement procedures. If you cannot provide these documents, it will be assumed that you have not followed the rules. Find out what the national public procurement thresholds are in each partner country. Put basically, public procurement rules require that public organisations request offers for providing services and products. They are designed to promote a free and open market and give value for money. There are three values that generally need to be considered. Very small contracts do not need to be tendered. Larger contracts can be the subject of a limited tender, whereby a smaller number of offers are requested. Large contracts must be the subject of a full public tender with strict rules and procedures. Small and large are relative terms here: There are enormous differences between countries in the threshold values (the amount of the contract that determines which tender procedure needs to be used). In some countries, full public tendering is required for very small amounts and project managers should be aware of the delays this will cause. You must respect the threshold values and the relevant rules - you cannot divide contracts into smaller jobs to get around these rules. If you award a contract for products or services, you must be able to prove that you used the right tender procedure. These documents are often missing and the most common reason is that partners say they did not know anyone else who could do the job involved. This is not an acceptable reason and the full value of the contract will probably be judged ineligible.
100
6.2 The payment chain Project reporting and claims for payment
Normally twice a year, projects are required to report on their progress so far (in an activity report) and provide a statement of the money that all of the partners have spent (in a financial report and claim for payment). The statement of expenditure must be certified by each partners designated first level controller. The aim for projects is to ensure that all partners deliver the proper documents on time and that enough information is provided to avoid the need for programme follow-up. The aim for programmes should be to secure ongoing project spending according to annual targets and within audit rules. In part this involves making sure that projects have the information needed to get things right first time. It also involves looking at programme procedures to make sure that they allow for quick processing and follow-up on project claims and have sufficient flexibility to allow for the inevitable changes projects will sometimes need to make. To secure a speedy payments system it is worth looking at the critical path of events right from project approval to payment of a claim. The most effective improvements are to the early part of the process, such as contracting, and have been covered already. Actually making a payment should only take a short time so there is less to be gained from efficiencies in this part of the process. As a general rule, the simpler the chain, the lower the risk of mistakes and the quicker the cycle can be completed. It is also worth making sure that the different programme bodies involved CA, MA, JTS are adequately staffed to handle this part of the programmes operations.
101
Payment chain: Summary In most cases there are two claim deadlines per year An extra claim round may help programme avoid decommitment Consider the balance between the number of reporting claims required and the increased workload and audit costs for projects Programmes should set-up a quick payment system The simpler the payment chain, the lower the risk of mistakes and quicker the cycle can be completed The payment chain should be looked at in its entirety. Apart from delays due to certification difficulties, time-savings are often easier to find early on in the chain during issue of subsidy contract stage. A customer orientation is needed, especially from the CA. It is good practice to pay claims within no more than 5 working days of receipt of a correctly certified claim by the CA. Electronic claims systems can help speed up payments and avoid mathematical mistakes - the most common error in payment claims. The most serious delays in payment are caused by financial control problems
The actual content of financial and activity reports reflects the content of the application form so there are again big differences between programmes. In general, financial reports need to show expenditure by budget line and by partner. Activity reports need to describe all main activities and progress on meeting project targets (the indicators). This allows controllers and the programme to assess progress against expenditure and identify any significant activities that are not in line with the approved application or relevant rules and regulations. Assessment of individual items of expenditure is the task of the first level controller. Some programmes have introduced online claims systems, which give access to the applicant, JTS, MA and CA. Online claims can help to speed up payment and cut down on simple mistakes in filling in the claim form by using formulas to make most calculations automatically (mathematical errors by projects account for most mistakes in making claims). It is important that the system, if adapted from the mainstream Structural Funds, adequately reflects Territorial Cooperation programme needs. It is also important to set up electronic and protected signatures in advance for comparison with claims signatures from controllers. For longer-term audit and record keeping, paper copies may still be needed.
It is unlikely that the measures described above will prevent all problems and programmes also need to make sure that they provide themselves with the tools needed to tackle underperformance once it does occur. In this connection, the estimated project budget per year provides an essential monitoring baseline for the programmes. It represents the projects own calculation of acceptable spending levels and therefore provides a fair indicator for assessing under-spend. If there are no annual targets, there will be no standard against which to assess whether the project is actually under-performing. The N+2 rule means that there are strict limits to the under-performance a programme can tolerate in project budgets because it cannot afford to have large amounts of inactive funding. It is important to firmly establish the principle of projects keeping close to annual spending forecasts and the risk of losing funds if this is not done. See section 4.8 on tackling poor project spending for more ideas on what can be done about this problem. Nevertheless, few projects run exactly according to plan and most projects will need to make changes to their budgets during the projects lifetime. Adjusting plans is not a symptom of failure. It shows that the project manager is making necessary alterations and programmes need to be flexible and ensure that this kind of change can be made quickly and easily. If, however, there is any attempt to change project objectives, there is a reason for extreme concern. With all changes it is important to note that failure to keep proper records of all alterations is perhaps the single most common cause of mistakes detected in programme finances. It is therefore essential that the programme has a procedure for updating budgets and making sure that all management bodies use the latest versions.
104
31
Most main points and documents will also be included in the upcoming handbook on project management produced by INTERACT Point Qualification and Transfer
105
The aim of financial control is to prevent misuse of funds and, as the ultimate consequence, the need to reclaim incorrectly paid funds. Control work should provide security for the Commission, Member States, programme bodies and, importantly, the projects themselves by ensuring that problems are spotted and dealt with before they get too big. A multi-level system has been established to do this based on a process with each level passing on information, documents and specifications on what kind of certification will be provided to the next level in order to build confidence that all expenditure declared is correct and the programme can eventually be closed safely. It perhaps helps to think of this process as a production line with each level working towards the end product: Problem free programme closure. Each level in this process needs to know what has been done before and what will be done afterwards in order to ensure that its own work will contribute to and not interfere with the process. Everyone needs to know what information they will be required to provide and what standards will be enforced. This means that every level of the control process needs to be involved in a dialogue on control issues and ensure that the information is passed on to the project partners who must meet these standards. The diagram below shows the main actors involved in the current period (2000-2006). The terminology will change in the new period but the basic process is fundamentally unchanged. First level control should be regarded as a day-to-day check and consists of: ...verifications made by management within an organisation should ensure that the processes for which it is responsible are being properly carried out and are in compliance with the relevant rules and regulations.32 First level control covers 100% of programme expenditure. Second level control should be regarded as a quality check of this work. It covers only a 5% sample of programme expenditure. Third Level Control should be a formality. It involves checking that all other control work has been completed and any recommendations have been carried out before the programme is closed.
32
CDRR 06-0002-00 Draft working document concerning good practice in relation to management verifications to be carried out by Member States on projects co-financed by the Structural Funds and the Cohesion Fund (21/12/2005). The following section draws heavily on this paper.
106
Financial control structure in INTERREG (2000-2006) Carried out by: Competent first level control bodies and JTS / MA Purpose: To check project activities and expenditure Carried out by: Competent second level control body Purpose: To check programme systems and procedures and verify quality of project level checks
Article 9
Carried out by: PA Purpose: To check that project controls have been satisfactorily carried out
Carried out by: The winding up body. Sometimes the same body that carries out Article 10 checks Purpose: To check that Article 10 checks have been satisfactorily completed and it is safe to close the programme
All article numbers refer to Commission Regulation (EC) No 438/2001, setting out control requirements
In the current period, however, things have not always run smoothly. Some control bodies were not identified until late in the programme and as a result problems that should have been spotted were allowed to continue unchecked. Communication between first and second level control bodies has often been poor and this has led to different organisations in the same Member State using different interpretations of the same rules with disastrous consequences for the projects, despite the fact they have no influence on these decisions. This section of the handbook focuses on the new period 2007-2013. A detailed description of first level control procedures in the current period is contained in Annex 2. In order to improve control work a clearer control structure has been proposed in the regulations governing the new period, with better defined divisions of responsibilities. This
107
In formal terms, the first level control of project expenditure should verify: Delivery of the products and services co-financed Reality of the expenditure claimed Eligibility of the expenditure Compliance with the Commission decision on the programme, Community and national rules on eligibility, other national and Community rules including those on public procurement, State Aid publicity and information, protection of the environment and equal opportunities. In practical terms this means verifying: If the project report is correct with no essential errors or omissions If the conditions for receiving the grant are fulfilled If the grant is used for the purpose documented in the subsidy contract If the information given by the final beneficiaries is correct and documented If the reported expenditure complies with relevant rules The first level controllers declaration has to cover 100% of the expenditure claimed and 100% of invoices are normally checked to provide sufficient security for signing the claim. Generally this happens every time a project makes a payment claim.
108
Basic guide to financial control terminology One of the most intimidating aspects of financial control for outsiders is the wide range of terms in use. We try and cut through some of the confusion here with a guide to some of the most important. Audit / auditor: In Territorial Cooperation programmes this refers only to second level control. An Audit Authority is set up and with the help of a Group of Auditors from the countries participating in the programme, an audit strategy is developed. This audit checks the quality of first level controls for at least 5% of the total programme expenditure. Audit trail: The documentation kept by every partner that proves how all funds have been spent. Beneficiary: A beneficiary is defined as an operator, body or firm, whether public or private, responsible for initiating or initiating and implementing operations. In financial control terms this means all of the partners participating in a project. Certified: Certification means that expenses have been approved by the body officially responsible. It occurs at two stages in the claims process. Firstly, all expenditure from every project partner is certified by that partners first level controller. Secondly, the Certifying Authority certifies every programme claim before it is sent to the Commission. Claim for payment: Every time a project reports to the programme it sends a statement of expenditure showing how much money it has spent. This statement also acts as a claim for the ERDF that the project expects to receive from the programme (based on the approved ERDF grant rate). Programmes follow a similar procedure when they want to claim money from the Commission. Control / controller: In Territorial Cooperation this is used to refer only to the first level control check. 100% of project expenditure is checked by a designated controller in each partners country. This may result in deductions if some of the expenditure is incorrect. When the correct amount has been confirmed, the controller will sign a controllers declaration certifying that the expenditure has been approved. Eligible: Used in financial control to describe expenditure that complies with all of the relevant EU, national and programme rules. Spending that breaks one of these rules will be found ineligible and will not be paid by the programme. Irregularity: An irregularity is defined as any infringement of a provision of Community law resulting from an act of omission by an economic operator which has, or would have, the effect of prejudicing the general budget of the European Union by charging an unjustified item of expenditure to the general budget. In practical terms this means any attempt to claim ineligible expenditure whether deliberately or accidentally. Most irregularities are accidental and are dealt with in first level control before funds are even claimed. Real costs: The whole system of payments is based on this principle. Projects can only claim amounts that they have really been charged (amounts incurred) and can only claim them from the programme after these amounts have actually been paid by the project. Recovery: When funds are incorrectly (or unduly) paid to a project, the programme has to get them back from the project partner concerned. Programmes do everything possible to avoid this sometimes difficult procedure by holding back the last part of project payments until they have control guarantees that the spending claimed is correct. The Commission does the same to the programmes. Systems audit: Generally also a task for the Audit Authority. This is done at the start of the programme and checks the procedures established by all of the different management bodies for administering the programme.
109
33 34
Partner
PP 2
LP
MA
MA
CA
LP All project partners (including LP) draw up statement of expenditure and have it checked by nationally designated first level controllers LP checks that all claims have been certified by the approved controllers. Draws up an aggregate project claim (calculations may also be checked by LP controller) MA (possibly delegated to JTS) checks certification again. Also checks reports to ensure the project is being delivered in accordance with the approved application. MA (possibly delegated to JTS) does on the spot checks of a sample of operations checking administrativ e, financial, technical and physical aspects as appropriate. CA checks a sample of the project claims to confirm that the work that has been done provides a sound basis for making the programme claim.
111
113
In infrastructure:
Evidence of selection procedure for service provider Contract with the service provider clearly stating the type of service to be provided, the date of service and the total cost. Invoices in accordance with the contract
In equipment:
Evidence that the cheapest option has been chosen for the required quality level Detailed invoice, clearly stating date of the invoice, the payee, the payer, description of the goods, quantification of the goods, price per unit and total price. If relevant, depreciation method and amount charged in every payment request. The audit trail: You still need it even if the controller does not ask to see it The actual documents that a first level controller asks to see vary enormously. Some will check everything while others will assume that a lot of the supporting evidence is in place without looking at it. You still need these documents even if they are never used during first level control. If you are part of a programme on the spot check, a second level control check, a Commission audit or a check by the European Court of Auditors, you will be required to produce the documents. If you cannot do so, you face having to pay back large amounts of money just because you did not file a few papers.
Controllers are also required to certify not just whether expenditure has been properly documented but also whether it is eligible or not. Most of this work will again be based on the documents in the audit trail with a particular focus on expenditure for which there are no invoices (generally the overhead calculations and the staff costs). The level of ineligible expenditure detected during first level control varies enormously between about 3% and 25% of the expenditure claimed in different programmes. Almost all of the incorrect expenditure is, however, due to lack of knowledge about the rules and what can be claimed rather than deliberate fraud. Most programmes have started special seminars for project finance managers in order to reduce the number of problems before they reach the control stage. If the basic tips included throughout this handbook are used, there should be few problems.
114
Eligibility basics Eligibility is often a cause for concern for project managers, as the rules can seem very complicated and different national rules apply in each programme. When there is doubt about an item of expenditure, the following questions should be asked: Is it covered by the regulations? There are a very limited number of rules (see below). For example, interest on debt is never eligible. Is it covered in national rules? These mostly cover value for money. For example, some countries set maximum rates for hotel stays in different European countries. You should make sure that the rules in your organisation fit these national rules. Is it covered in programme rules? For example, private partners may be excluded. Is this expenditure part of delivering the approved application? If the activity involved is not clearly mentioned in the application, it will not be eligible. Is this expenditure really necessary for delivering the project? For example, do you really need to update office computers? You will be expected to prove any claims you make. Eligibility in the current period 2000 2006
In the current period the eligibility regulation (EC 448/2004) only covers a small number of problem cases in twelve eligibility rules35: Expenditure actually paid out Accounting treatment of receipts Financial and other charges and legal expenses Purchase of second-hand equipment Purchase of land Purchase of real estate VAT and other tax charges Venture capital and loan funds Guarantee funds Leasing Costs incurred in managing and implementing the Structural Funds Eligibility of operations depending on the location All other eligibility questions are subject to national rules (EC 1260/1999) and the answer to one essential question: Is the expenditure necessary for the implementation of the project? The same system will apply in the new period though with a slightly reduced set of rules in the regulations. This means that most eligibility questions should be referred to national authorities. This should be aided by the new requirement for all Member States to include the eligibility rules they are using for the programme in the programme documents. Difficulties are usually the result of projects trying to stretch the basic principles into grey areas. A good example is the attempts in the current period to divide staff hours into productive time and non-productive time and calculate hourly rates on productive time only. This artificially inflates the staff costs claimed from the programme and contradicts the real cost principle. Claim what you really pay and you will avoid problems. The interpretation of
35
For more information and practical examples on the 12 eligibility rules see: The Eligibility Handbook developed by INTERACT Point Managing Transition available at: http://www.interacteu.net/913123/1068570/0/0
115
116
Regulation
1083/2006
Article
56
Eligible
In-kind contribution Depreciation costs Overheads (See below for more details on all of these costs)
Not Eligible
1080/2006
Expenditure on housing for the new MS only (and subject to the conditions laid down in the Draft Implementing Regulation, 47)
Interest on debt The purchase of land for an amount exceeding 10% of the total eligible expenditure for the operation Decommission of nuclear power stations Recoverable VAT
1828/2006 49
Charges for transnational financial transactions + bank charges for accounts required for implementation of the operation Legal consultancy fees, notarial fees and costs of technical or financial experts necessary for implementation Accounting and audit costs related to MA requirements Bank guarantees required by legislation
1828/2006 51
1828/2006 52 Overheads based on real costs. Flat rates are possible based on the average real costs of the type of operation (properly documented) and subject to review. Flat rates may not exceed 25% of the overhead generating costs of an operation Purchase costs for these assets
1828/2006
53 Depreciation of assets actually used for an operation for the period of that operation
117
1080/2006
21
Flexibility rules: In the context of cross border cooperation, up to 20% of OP ERDF can finance operations in adjacent areas In the context of transnational cooperation, up to 20% of OP ERDF may finance expenditure incurred by partners outside the programme area In the context of cross-border, transnational and interregional cooperation, up to 10%of OP ERDF may finance operations outside EU
Implementing Regulation, 13
118
Second level control consists mainly of a quality check of a sample of first level control work. In the 20002006 period the sample to be audited was not less than 5% of total programme expenditure. Regulations for the new period 20072013 do not specify how big the sample should be but according to 62b EC 1083/2006, audits should be carried out on the basis of an appropriate sample of expenditure declared and should be sufficient to ensure a confidence level of no less than 60%. This generally means that more than 5% will have to be audited. The other important element of second level control is a check of management and control systems to ensure that the systems in place are being used and should be able to detect and correct problems at project and programme level. Second level control is therefore an audit of all aspects of the programme at both the management and project levels to make sure that everything is working as it should be. Second Level Control should be carried out according to the Audit Strategy decided by the Audit Authority no later than 9 months after programme approval. The Audit Strategy should outline how Second Level Control audits will be carried out and should draw up common risk assessment criteria to select an appropriate, representative sample of programme funds subject to the Second Level Control audits.
119
STAGE 4
Certifying Authority
STAGE 3
Project
Designated controllers
STAGE 2
STAGE 1
Responsibilities of the control bodies in the new period have been defined in Regulations: General (EC) 1083/2006, ERDF (EC) 1080/2006 and Implementing Regulation 1828/2006 The content of second level control will change little in the new period but there are some changes to the structures that will be responsible. A new management body the Audit Authority will be set up in the Member State hosting the MA and will be in charge of the controls. It will normally be assisted by a Group of Auditors with one representative from each participating country though programmes can decide to let the Audit Authority work alone. The auditors will be responsible for checks carried out in their country. The actual checks will either be carried out by these auditors or will be sub-contracted to an outside audit firm. In actual fact most of the changes involved here are a matter of terminology: The role of the AA has in the current period been carried out by the national controller of the Member State hosting the MA and he/she has been assisted by a Financial Control Group consisting of the national controllers from the other participating countries. The main difference between the Audit Authority and the current arrangements is that the AA will be a formal, fixed programme body and must be set up within 3 months of OP approval. This should reduce the problems caused by delays in initiating second level control checks in the current period.
120
National auditor
Group of Auditors
Project checks
Project checks
INPUT
Commission
In regulatory terms, the Audit Authority must be a national, regional or local public authority or body, functionally independent of MA and CA, designated by the MS of each OP. The Audit Authority will: Ensure that audits are carried out to verify the effective functioning of the management and control system of the operational programme; (= systems audit) Ensure that audits are carried out on operations on the basis of an appropriate sample to verify expenditure declared; (= check of an appropriate, representative sample
of programme expenditure)
Present to the Commission within nine months of the approval of the OP an audit strategy covering the bodies which will perform the audits (as in point 1 and 2), the method to be used, the sampling method for audits on operations and the indicative planning of audits to ensure that the main bodies are audited and that audits are spread evenly throughout the programming period; By 31 December each year form 2008 to 2015: Submit to the Commission an annual control report setting out the findings of the audits carried out during the previous 12 month period ending on 30 June for the year concerned in accordance with the audit strategy of the operational programme and reporting any shortcomings found in the systems for the management and control of the programme. The first report to be submitted by 31 December 2008 shall cover the period form 1 January 2007 to 30 June 2008 (= annual audit report)
121
declaration)
The Audit Authority shall ensure that the audit work takes account of international accepted audit standards; Where the audits and controls are carried out by a body other than the Audit Authority, the Audit Authority shall ensure that such bodies have the necessary functional independence;37 The programme systems audit ensures that programme bodies, procedures and documents have been set up and function in line with the principles described earlier in this handbook. Very importantly it will also check the day-to-day working of programme systems - particularly in relation to the link between programme management and projects. Some of the project checks will then follow-up on the project side of these procedures to combine the results of the systems of audit and the audit of projects and gain an overall picture of the programme38. We focus here on the audit of projects. These audits must cover a minimum of 5% of the total programme expenditure. The projects to be included in the checks are selected on the basis of two sampling techniques carried out in line with various International Standards on Auditing (ISA) and with different purposes. The main technique used is representative random statistical sampling. As the name suggests, the aim is to find a random sample of projects which can be assumed to be a fair representation of the programme as a whole: If there are few problems in these projects it can be reasonably assumed that there are few problems in the rest of the programme. The only weighting here is that projects receiving the largest grants should be more likely to be selected (though some small projects must also be included). In addition, a complementary sample is selected. This aims firstly to ensure the completeness of the checks by guaranteeing coverage of: An adequate mix of different types and sizes of operations All the priorities under the operational programme Operations managed by the main Authorities and intermediate bodies Operations concentrated under certain beneficiaries The second aim is to allow the use of risk analysis results to target the projects that are most likely to have problems. The intention here is clearly to identify and correct irregularities by going after the weakest projects rather than those that fairly represent the programme as a whole. As a result, the results of audits on these projects are treated separately and are not used when calculating the overall irregularity rate for the programme. The methods used for selecting different samples, the projects selected and a plan for carrying out the actual audits are combined in a regularly updated audit strategy.
37 38
Based on General Regulation (1083/2006), 62 The information here draws heavily on the Implementing Regulation, 16-18 and the relevant annexes (especially Annex V, VI, VII, VIII, XII)
122
The purpose of second level control checks is to gain an overall picture of the programme and how many errors there normally are in the expenditure declared. Second level control should not just target the highest risk projects, as this will create a distorted picture of the programme with a higher rate of irregularities than is true for the whole programme. In the new period, high-risk projects are targeted separately and the same principle needs to be applied in the control of the current programmes.
Second Level Control work should start as soon as the programme has been approved. The initial systems audit is carried out as part of the procedure to gain Commission approval for the programmes systems and procedures. It should be completed in the early months of the programme as its purpose is to confirm that sound management practices are in place: It is pointless to suggest major changes later in the programme when most of the damage will already have been done and needless effort will be required to correct errors. The check of projects should also start as soon as possible though it is possible to wait and audit a sample of the combined expenditure from 2007 and the first part of 2008, as few programmes will have much project spending in 2007. Most auditors prefer not to consider projects that have spent less than 50% of their budgets. There are two reasons. Firstly, the auditors need a reasonable amount of spending to check if their conclusions are to be of value. Secondly, they need to check an appropriate sample of the total programme spending and are obviously able to reach this target quicker if they are able to check a project when it has spent 1 million rather than 500.000. In some cases this means that auditors prefer to check completed projects but this needs to be balanced against the difficulty of taking corrective action: There is not much that a project can do after it has submitted its final report and claim. Ideally therefore, second level control should be carried out on ongoing projects and it is requirement of the regulations that these audits are spread evenly across the programmes lifetime. Audit visits are coordinated to take place simultaneously, with each auditor visiting the project offices of a partner in their own Member State so different parts of the project partnership are checked (only the expenditure of the partners checked counts towards achieving an appropriate sample required by the regulation). These results are then merged into a report on each project including an overall opinion and any follow-up actions that need to be taken. Every year the Audit Authority also submits to the Commission an annual audit report summarising the work that it has carried out and its opinion of the way that the programme is functioning. If a large number of problems have been detected, this can lead to a suspension of payments to the programme until the problems are resolved.
123
Likely division of tasks between the Audit Authority and the Group of Auditors
AA (= Audit Authority)
Compliance assessment opinion on the Art 71 Description of management and control systems
Members of the Group of Auditors may be involved in compliance assessment of management bodies outside the MA host country Audit strategy Audit methodology and selection of an appropriate sample Audits of operations Partial (national) reports
Systems audit Compiling integrated project audit reports Integrated annual control reports to Commission Annual opinion on the management and control systems AA is a coordinating body for the MSs, contact point with the Commission and usually auditor in the MA Member State
The costs for this audit work can be met in full or in part from the TA budget. However, it is recommended by the Commission that the costs of second level control should be borne by the MS as the establishment of control and audit systems are MS responsibilities. This should be agreed in advance between Member States. The AA may also draw on the assistance of the JTS though this relationship needs to be carefully defined and is normally limited to administrative support because the JTS is a key part of the programme and project system that is being audited.
124
Commission
Administrative reports
Audit Authority
Instructions
Member States
JTS
Group of Auditors
Based largely on the Implementing Regulation which in turn closely follows EC Regulation 2035/2005 amending Regulation (EC) No 1681/1994 concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the structural policies and the organisation of an information system in this field.
126
ERDF Regulation (EC) 1080/2006, 17 Implementing Regulation, 28.2 42 Implementing Regulation, 27 (b)
127
First Level Control Not all MSs designate FLC bodies FLC sometimes carried out at LP level only No deadline for certifying expenditure MS designate FLC bodies for each OP FLC carried out at all partners level MS must ensure a 3 month deadline for certifying expenditure is respected
Second Level Control Group is not formalised and sometimes not established until late in the programme
SLC is carried out by Audit Authority, formal programme body Audit Authority is based in the same MS as MA Audit Authority is assisted by group of auditors from MS in the OP Group of Auditors is established within 3 months after OP approval
Audit Authority presents to the Commission the audit strategy within nine months of the OP approval Audit Authority approves OP description of systems and procedures
Recovery of funds unduly paid LP ultimately responsible for the unduly paid LP repays the irregularly paid amount to CA amount LP initiates a recovery process and recovers the amount from a Project Partner responsible MS of the project partner responsible for irregularity is ultimately responsible for unduly paid amount
Eligibility -National rules -(EC) General Reg. 1260/1999 -Implementing Reg. 448/2004 covering 12 Eligibility Rues -National rules published by MS within 12 months of OP approval -General Reg. (EC) 1083/2006 -ERDF Reg. (EC) 1080/2006 -Implementing Reg. 1828/2006 More transparent rules A step towards harmonisation
128
Project closure: Summary Focus on the end goals, results and impacts No questions can be left open It is the last chance to identify and deal smoothly with irregularities It is a final confirmation of the findings of all first level control checks After closure projects are still subject to second level control or checks by Commission auditors Project closure is the final phase in the project implementation process and if implementation has been successful, it should be relatively problem-free. The focus at project closure is on the end-goals, results and impacts achieved in comparison to the activities proposed in the application and changes approved by the programme. Attention therefore needs to be paid to indicators and the completion of all work packages. If these have been successfully completed within budget the project can close once it has completed the final financial control. Programmes need to be confident to answer a number of fundamental questions: Has the project delivered the activities outlined in the application? Is there sufficient evidence to support this? Has first level control been good enough to ensure that no serious problems should be experienced if the project is later controlled by another body? Have all questions and problems identified by first level control been satisfactorily resolved?
129
131
and application for the final payment, a final report and a declaration on winding-up the assistance, which gives an audit opinion on the programme. We focus here on producing the winding up declaration - or third level control as it is sometimes known.
The last 5% of programme funds is retained until after these documents have been submitted to the Commission and the Commissions auditors have assessed them as satisfactory. The 5% is calculated on the basis of total programme funds rather than funds claimed. If the programme has lost money to de-commitment, this will be deducted from the programme budget before calculating the 5%. This means of course that the last 5% of project payments will also have to be delayed until the last funds are received from the Commission (project final claims are generally paid on a first come first served basis until there are no funds left in the programme account). If there is any problem with the closure statement this part of the process can take a long time and some projects may be waiting for final payments for several years. It is imperative that programme closure is completed as swiftly as possible and in a way which enables quick Commission approval. The key actions which can be taken to assist this are to have accurate financial management and control systems and records during the lifetime of the programme.
43
General Regulation (1083/2006), 105.3. It is important to note that this part of the new regulation applies to the current period 2000-2006.
132
Figure: Project closing phase Stage 1 Accumulation of project records Stage 2 Preparation of Final report Report on activities Report of finances
P R O J E C T
Stage 1
C L O S I N G
Stage 2
P H A S E
Stage 3
How to facilitate Stage 2? - Start early so there is enough time to resolve control problems - Use retention of final project payment to encourage early delivery of project materials
133
Indicative timeline for programme closure TA expenditure still eligible. Advisable to get as much work as possible done in this period. Urgent need to close projects in time to get final audited statements of expenditure.
1 January 2009
31 March 2010
2008
134
135
137
Who is checked?
This is an important question. In the current period FLC has been carried out at the final beneficiary level: Anyone who is a final beneficiary gets controlled and likewise, if you are not a final beneficiary, there is no direct control - invoices are instead sent to the final beneficiary for control. The final beneficiary has been defined as the Lead Partner of a project meaning that financial control of all partners should be carried out by the Lead Partners controller. When this interpretation is used in INTERREG projects, it means that the Lead Partners controller will have to control expenditure from other countries where other rules and laws are in place and that he/she may also be unable to check supporting documents. Some programmes have made this work by harmonising the rules on both sides of the border. A shared language seems to be a minimum requirement for this kind of intensive cooperation. Often, however, controllers have refused to certify expenditure incurred in other countries. As a result, a number of different interpretations of the Lead Partner principle have developed and each has different financial control implications. Different interpretations are appropriate depending on the circumstances and in many programmes several different models are possible with each partnership left to decide which will work best for them. Some projects have operated under a central cash system. In these projects the Lead Partner receives the majority of the grant and pays partner invoices in effect serving as the bank for the rest of the project. The other partners generally have a small grant of their own to pay for e.g. travel costs and meetings. The Lead Partner is therefore responsible for First Level Control of the whole project but can monitor all spending carefully as it occurs. This system is particularly useful for projects with large numbers of small and/or inexperienced partners as it removes much of the administrative burden from them. It is also a good way of reducing audit costs. Another way of including small partners has been to make use of the sub-partner concept. Sub-partners are not part of the formal partnership and do not therefore need to appear in the application or contract - although the programme should be informed of all sub-partner participation. Sub-partners are organisations that play a minor but integrated role in implementation of the project. As such their costs are generally limited to small amounts of staff time. Evidence for this time can be collected and controlled at the partner level and expenditure included in the partners statements. If this is done, it is essential that the audit trail is secured and arrangements are made for preserving documentation after the end of the project. Sub-partners also need to fulfil the criteria laid out in the Interpretative note from the Commission Services on Council regulation 1260/1999 Article 32 (1). These criteria ensure that the Lead Partner retains ultimate responsibility, that there is a documented agreement of the full partnership on the participation of any sub-partners and that standard financial management requirements apply equally to spending incurred by sub-partners.
138
Lead Partner
Project Partner
Project Partner
Project Partner
Sub-Partner
Sub-Partner
Sub-Partner
In this connection, it is also worth noting the role of other final recipients. These are not part of the partnership at all and make no contribution in terms of hours etc they only receive funding. An example would be businesses receiving small grants under a scheme administered by a partner. It is important to recognise that these final recipients are still covered by financial control requirements and that steps must be taken to ensure the correctness of their expenditure and document the audit trail. Responsibility for ensuring that this is done will lie with the partner making the grant. INTERREG also allows projects to use the Extended Final Beneficiary Principle according to which all of the partners in a project can become final beneficiaries and are therefore controlled independently. This means that each partner can be controlled by a controller from its own country and this is the system in place in most programmes. The Lead Partner controller then signs a declaration that they have received properly certified statements of expenditure from all partners: They do not have to assess the quality of the control work done as this remains the responsibility of the first level control body in each country. In order for this system to work, programme management bodies have to agree on how the Lead Partners responsibilities will be interpreted in terms of First Level Control. The INTERREG Guidelines state that the Lead Partner will bear financial and legal responsibility to the Managing Authority. (INTERREG Guidelines, Point 31) Many programmes have interpreted this as meaning that the Lead Partner has financial liability for all expenditure even if another partner incurred and the expenditure and had it certified. Although most project partnership agreements transfer the responsibility for incorrect expenditure to the partner concerned, the financial liability of the Lead Partner has been an unreasonable demand in the current period and this will be changed.
139
Lead Partner
Project Partner 1
Project Partner 2
Project Partner 3
Lead Partner
Project Partner 1
Project Partner 2
Project Partner 3
A complex partnership could in theory contain all of the elements outlined above - as in the example below. Partners 1, 2 and 3 are standard partners and take care of their own first level control under the extended final beneficiary principle. Partners 4 and 5 on the other hand are part of a central cash system and have most of their budget administered by the Lead Partner. Partner 1 is responsible for a small group of NGOs and administers them as sub-partners. Partner 2 makes grants to small businesses and is responsible for collecting and holding evidence for the audit trail of this expenditure. Using all of these features in one project would be extremely unusual and the complexity alone would make this a high-risk project. This shows the flexibility of the Lead Partner principle and that there is no single right structure for Lead Partner projects.
140
Project partner 4 + 5
Lead Partner
Project Partner 3
Sub-partners 1,2 + 3
Final recipients
141
CDRR 06-0002-00 Draft working document concerning good practice in relation to management verifications to be carried out by Member States on projects co-financed by the Structural Funds and the Cohesion Fund (21/12/2005) 142
143