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Welcome Pack 2007 CFCA Welcome Pack For Twinning and Twinning Light Project partners Based on THE REFERENCE MANUAL ON ‘TWINNING’ PROJECTS REVISION (2007)

Transcript of For Twinning and Twinning Light Project partners doki... · 2018-06-22 · of Twinning project....

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Welcome Pack 2007 CFCA

Welcome Pack

For Twinning and Twinning

Light Project partners

Based on THE REFERENCE MANUAL ON ‘TWINNING’

PROJECTS REVISION (2007)

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Table of Contents

INTRODUCTION .............................................................................................................. 3

GLOSSARY ....................................................................................................................... 4

1. INSTITUTIONAL FRAMEWORK ........................................................................... 7 List of contact persons ................................................................................................ 7 Contacts within the AO (Ministry of Finance): .......................................................... 7 Contacts within the CFCA: ......................................................................................... 7 2. RESPONSIBILITY OF MS .................................................................................... 8 2.1. Project Leader ...................................................................................................... 8 2.2. RTA...................................................................................................................... 8 2.3. Short/Medium Term Experts ............................................................................... 9 2.4. Logistics & Accounting ..................................................................................... 10

3. STARTING DATE, DURATION & WORKING TIME ........................................ 11 4. CONTRACT MODIFICATIONS ............................................................................ 12

4.1. Addenda ............................................................................................................. 12 4.2. Side Letters ........................................................................................................ 13 4.3. Budgetary reallocations ..................................................................................... 14

5. FINANCIAL MANAGEMENT AND CONTROL.................................................. 15 5.1. Payment procedure ............................................................................................. 15 5.1.1. Payments to the MS ........................................................................................ 15 5.1.2. Payments to the RTA assistant ....................................................................... 15 5.2. VAT reclaims ..................................................................................................... 16 5.3. Expenditure verification report .......................................................................... 16

6. REPORTING REQUIREMENTS ............................................................................ 16 6.1. Interim Quarterly Reports .................................................................................. 16 6.2. Final Report ....................................................................................................... 17

PRIVATE SECTOR INPUTS ...................................................................................... 18 7.1. RTA assistant ..................................................................................................... 18 7.2. Other private sector inputs ................................................................................. 18

8. Specific Procedures for ‘Twinning light’. ................................................................ 19 8.1. Size and duration ................................................................................................ 19 8.2. MS and BC involvement .................................................................................... 19 8.3. Cost eligibility and payments............................................................................. 19 8.4. Reporting............................................................................................................ 19

ANNEXES ........................................................................................................................ 21

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INTRODUCTION We would like to welcome you as a Twinning partner to the administration of Latvia and look forward to a smooth and accurately managed implementation of projects. In order to facilitate your efforts in the administrative management of the project we have prepared this guide for you to have at hand and use as guidance through the whole project implementation process. This document explains the basic administrative procedures which apply to execution of Twinning and Twinning Light projects financed by the Transition Facility. The document incorporates the relevant provisions of the Manual for Twinning Projects (revision 2007) (further in the text - TWM) and some of the other instructions issued by the European Commission which help to correctly apply the various provisions stipulated in the TWM that project partners may find sometimes complicated to interpret. Most importantly, it takes into account the institutional framework established in Latvia for implementation of projects financed by Phare and Transition Facility programmes under the Extended Decentralized Implementation System (EDIS) and offers an insight on main supervisory bodies, reporting requirements, contract modifications, provides document templates and other useful information which will be of great value to Member State (MS) partners never been involved in the implementation of Twinning projects in Latvia. The document neither replaces the TWM nor the particular covenant on the implementation of Twinning project. Instead, we further tried to explain practical steps to be taken by Project Leader after the Twinning Covenant is signed in order to ensure that project is being managed in a timely manner, in full consistency with requirements of the European Commission applicable to Twinning projects. We once again welcome you as our new counterpart and sincerely believe that the enclosed document will facilitate our co-operation leading to successful and compliant implementation of the project and achievement of the defined results! Sincerely, CFCA

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GLOSSARY AO The administrative office (AO) is a body within the administration of the

beneficiary country, which has been designated to retain the overall procedural, financial and contractual management of the Twinning projects. The AO is the Contracting Authority for Twinning and Twinning Light contracts. Ms. Inese Sudare Head of Administrative Office Director, EU and International Affairs Department Ministry of Finance Smilsu iela 1, LV-1919, Riga, Latvia Phone: (+371) 67 09 56 22 Fax: (+371) 67 08 38 30 E-mail: [email protected] Ms. Anda Grigale Head of Cooperation project division EU and International Affairs Department Ministry of Finance Smilsu iela 1, LV-1919, Riga, Latvia Phone: (+371) 67 08 38 87 Fax: (+371) 67 08 38 30 E-mail: [email protected]

BC Beneficiary Country (beneficiary Transition Facility assistance).

SPO Senior Programme Officer, senior official in line Ministry of the Republic of Latvia, responsible for the technical implementation of the projects implemented under Transition Facility assistance.

PAO Programme Authorizing Officer is a public official of the Latvian Ministry of

Finance. The PAO is responsible for administrative and financial administration of Transition Facility financed projects. It has delegated some of its responsibilities to the Central Finance and Contracting Agency (CFCA). Ms. Inta Vasaraudze, State Under Secretary Ministry of Finance Smilsu iela 1, Riga, LV- 1919, Latvia Phone: (+371) 673 57 840, (+371) 67 71 51 14 Fax: (+ 371) 67 35 78 41, (+371) 67 71 51 41 E-mail: [email protected]

CFCA Central Financing and Contracting Agency: Institution responsible for contracting and disbursing Community funds applicable for decentralized programmes.

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Central Finance and Contracting Agency Smilsu iela 1, Room 152 Riga, LV-1919, Latvia Phone: (+371) 673 57 840, (+371) 67 71 51 14 Fax: (+371) 673 57 841, (+371) 67 71 51 41 E-mail: [email protected]

EDIS Extended Decentralized Implementation System. As of the 1 May 2005, implementing agencies in the new Member States will assume management authority for contracting, implementation and payments in the framework of Twinning under Transition Facility.

MS Member State(s) of the European Union. NCP National Contact Point for Institution Building. A designated public official in each

of the MS and beneficiary countries is the institutional contact point for all Twinning activities. In Latvia the same official performs the role of the AO. Ms. Inese Sudare Head of Administrative Office Director, EU and International Affairs Department Ministry of Finance Smilsu iela 1, LV-1919, Riga, Latvia Phone: (+371) 67095622 Fax: (+371) 67083830 E-mail: [email protected] Ms. Inga Petersone Senior Desk Officer of Cooperation project division EU and International Affairs Department Ministry of Finance Smilsu iela 1, LV-1919, Riga, Latvia Phone: (+371) 67 08 38 69 Fax: (+371) 67 08 38 30 E-mail: [email protected]

Transition Facility

Article 34 of the Act of Accession sets up a Transition Facility, whose aim is to provide continued support for the reinforcement of administrative and judicial capacity in the new Member States during the period of 2005-2006. Concerned countries are: Cyprus, Malta, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovenia, Slovakia.

PL Project Leader: a high-ranking official in the MS and BC respectively. Directs the implementation of the Twinning project.

PRAG The Practical Guide to EC External Aid Contract Procedures covers all contracting procedures, which apply to EC external aid contracts. Available on http://europa.eu.int/comm/europeaid/tender/gestion/index_en.htm. (European Commission, Practical Guide to contract procedures for EC external actions. Revised 22.08.2006).

RTA Resident Twinning Adviser: A civil servant from a Member State administration who works in the BC on a full-time basis for at least one year in the framework of

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a Twinning project.

Twinning Contract

Contractual agreement on the Twinning Project. It includes the work plan and additional standard annexes.

TWM 2007

Institution Building in the Framework of European Union Policies a Reference Manual on ‘Twinning’ Projects; Revision (2007). This Twinning manual provides the most practical and comprehensive information available to those stakeholders involved in the preparation and implementation of Twinning projects.

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1. INSTITUTIONAL FRAMEWORK There are several institutions involved in administration of the implementation process of Twinning and Twinning Light projects. Each of them has a different role and responsibilities in administration of Twinning and Twinning Light projects. The AO is the Contracting Authority for the Twinning and Twinning Light Contracts and as such holds an overall management of the projects. The PAO/CFCA’s competency is administrative and financial management of the projects. The SPO is appointed by the Minister of the respective sector. In case of the Twinning and Twinning light projects an SPO is responsible for the signing of the Contract and approving of Quarterly/Final Reports and invoices. Beneficiary is the public administration institution directly benefiting from the project.

List of contact persons

Contacts within the AO (Ministry of Finance): Inese Sudare Director of the European Union and Foreign Affairs Department Anda Grigale Head of the Cooperation projects Division Ph. +371 67083887 e-mail: [email protected]

Contacts within the CFCA: Elita Benga Head of the Twinning Projects Division Ph. +371 67854561 E-mail: [email protected] Alise Lūse Deputy Head of the Twinning Projects Division Ph. +371 67854595 E-mail: [email protected] Linda Cielava Senior Project Manager, Twinning Projects Division Ph. +371 7854560 Ee-mail: [email protected]

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Jana Sīle Senior Project Manager, Twinning Projects Division Ph. +371 67 85 39 88 Ee-mail: [email protected] Regarding payments and financial reports Aiga Balule Accountant, Special Programme Financial Management Division Ph. +371 7715170 e-mail: [email protected] Regīna Uļjanova Accountant, Special Programme Financial Management Division Ph. +371 7357839 e-mail: [email protected]

2. RESPONSIBILITY OF MS One of the essential preconditions for successful implementation of the project relies on devoted cooperation between the MS and their BC counterparts. For that effect the following officials / experts, practitioners in application of EU law, are being involved in project activities:

2.1. Project Leader

• Overall supervision and co-ordination of the project; • Management of MS inputs to the project and engagement of MS experts; • Overall responsibility for financial management; • Overall responsibility for organization and implementation of MS activities; • Cooperation with BC; • Preparation of Quarterly and Final Reports; • Purchase of services for up to EUR 10 000,- per single contract (EUR 5 000,- in

case of equipment supplies). (Section 6. General Management of Twinning Project; Section 4, Article 4.5.1 Staff Know-how and Time, TWM 2007)

2.2. RTA • Assisting the Project Leaders in the co-ordination and management of the project • Works on a daily basis with the BC staff to implement the project; • Ensures continuity of implementation; • Must have a good specialist knowledge of the sector, and provide technical

advice; • Serves on a full-time basis throughout the period of secondment lasting at least

twelve consecutive months; • Reports to the MS Project Leader.

(Article 2.2.2. The Resident Twinning Adviser, Article4.5.1 Staff Know-how and Time,, Article 4.5.3 The Resident Twinning Adviser, TWM 2007)

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Residence permit According to the Latvian legislation, a residence permit is necessary if a person is to reside in the Republic of Latvia for a period of time exceeding 90 days within 6 months period counting from the first day of entrance to the country. More information on procedures and documents required to obtain a residence permit please visit the Office of Citizenship and Migration Affairs homepage: http://www.ocma.gov.lv , or contact the OCMA Residence permit division, Alunāna iela 1, Rīga, LV-1050, phone 67 21 96 66; 67 21 96 64; fax 67 21 96 54. e-mail: [email protected] Detailed information on RTA status, duties, accommodation and health insurance can be obtained at Annex B, TWM 2007.

2.3. Short/Medium Term Experts 2.3.1. MS administration experts Officials or assimilated staff with specialist knowledge working on specific project components. This includes specialist support services e.g. providing BC with access to databases. Their input to the project is specified by the number of days worked on certain project activities. The human resources made available to BC partners must be fully integrated with the MS administration. Note!!! Experts cannot be included into the project through MS management support organizations, be they mandated bodies or not, but can only come from or through the implementing organization holding the project leadership, as well as the required expertise. In consultation or at the request of the BC, experts from other MS not contractually associated with the project may be asked to provide their expertise on an ad-hoc basis and under the responsibility of the lead MS. (Article 4.5.1; 4.5.5 and 5.3.2.of the TWM 2007) 2.3.2. Hiring in of private sector / mandated body experts (Twinning News No. 27) Private sector experts can only be involved in Twinning projects under the following conditions: 1. MS should provide evidence for the need to call on private sector expertise on the basis that the MS administration itself is unable to cannot provide the requested expertise; 2. Even with such evidence, the MS can only call on such private sector expertise in limited and exceptional circumstances derived from the very nature of the substance matter involved (for instance, telecommunications). Any other more lenient approach is not allowed and could jeopardize the public sector spirit of Twinning projects;

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3. When calling on such private expertise, the MS must ensure compliance with the applicable tender rules (PRAG or National rules compatible with European directives for public procurement); 4. The private sector experts are reimbursed on the basis of quotations and invoices, without the flat rate or project management costs; 5. Mandated bodies can only hire in temporary employees for Twinning involvement if these temporary employees are clearly integrated into the host organization, if their hierarchical authority is defined (as well as the person to whom they report and who is responsible for their backup), so that the administrations/mandated bodies who employ them are constantly able to guarantee the coherence and quality of their work. The duration of the employment of temporary public employees should as a rule not be limited to or should not be identical to the duration of their Twinning involvement. In practical terms, their employment should be already pre-existing to the Twinning assignment for at least six months; 6. When hiring in external experts either through mandated bodies or as private sector consultants the contractual documents have to be in writing. Indeed when it comes to the hiring by mandated bodies, the Twinning manual spells out the requirement of structural integration into the mandated body staff and this has clearly to be stated in writing. Regarding private sector experts, the involvement under the format of a service contract also has to be in writing. Moreover in both instances, written documentation has to be available for audit purposes in order to verify the correct spending of Community funds. Needless to say that we do not favor the systematic use of mandated bodies to confer a public sector label to short term experts. Note!!! As a rule, mandated bodies should not be used as umbrella organizations to include the participation of private sector experts (or experts of NGO’s) into implementation of Twinning projects through limited contractual assignments. Temporary employees of mandated bodies must be contractually linked to these bodies before start of their assignments. (Article 3.3. of the TWM 2007)

2.4. Logistics & Accounting Any work performed in the MS in support of the project, like project management and accounting shall not be specified and shall be covered by ‘project management costs’ compensation. Mission expenditures of the personnel involved in financial management of the project for travelling to the BC can only be covered from the ‘project management costs’ compensation. MS and BC administrations are entirely responsible for their respective part of the general management, logistical and financial management in relation with a Twinning project. (Article 4.6 Management & Accounting, Twinning Manual, 2007) Current per diem rates: http://ec.europa.eu/europeaid/work/procedures/implementation/per_diems/index_en.htm InfoEuro exchange rates: http://ec.europa.eu/budget/inforeuro/index.cfm

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3. STARTING DATE, DURATION & WORKING TIME 3.1. Starting date The project officially begins on the date of the notification letter issued by the AO. This is also the first possible starting date for the implementation of the work plan of the project or reimbursement for presence in the BC of the RTA. No costs incurred before that date may be covered out of project funds, except the project preparation costs, subject to the provisions under section 5.2 and Annex A7 to the Twinning Contract, as well as Article 5.2.1 of the TWM 2007. (Article 3.11 Notification of the Twinning Contract, TWM 2007) 3.2. Duration The legal duration of the Covenant normally is 3 months longer than the duration of the work schedule (See Article 2.3 of the Special Conditions in the Standard Twinning Contract). The project duration must not exceed the disbursement period of the relevant Financing Decision (FD). The Final Invoice and Final Financial Report (supported by Expenditure Verification Report) have to be submitted at the latest during the final month before the end of the implementation period of the Action but no later than 2 months before the FD disbursement deadline. (Article 6.4.3 of the TWM 2007) If due to some reasons there have been interruptions in implementation of the project’s schedule, the MS PL and BC PL can mutually agree on prolongation of the project activities stipulated in the project work plan. Nevertheless the extension of the project work plan must not exceed the legal duration of the project. Latvia's National Holidays The following dates are national holidays in Latvia. Please note that no costs occurred on weekends or on national holidays can be eligible for financing from Transition Facility funds. Nevertheless, if it is necessary to hold meeting, a seminar or any other activity on a weekend or other holiday, a written agreement from the AO should be asked beforehand. January 1 - New Year's Day Friday- Monday in March-April (in accordance with the Western Church calendar) –

Easter May 1 - Convocation of the Constituent Assembly of the Republic of Latvia; Labor Day May 4 - Restoration of Independence of the Republic of Latvia The second Sunday in May - Mothers’ Day Sunday in May or June (in accordance with the Western Church calendar) –

Whitsunday June 23-24 - Līgo Day and Jāņi (Midsummer feast) November 18 - Proclamation of the Republic of Latvia December - 24, 25, 26 - Christmas December 31 - New Year's Eve

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If the 4th May or the 18th November is a Saturday or a Sunday, the following Monday is considered a holiday, too. For more information see “Guidance on computation of expert fees on travel days” – Annex 9.

4. CONTRACT MODIFICATIONS Various circumstances in the course of project implementation may cause necessity for amendments to the original project contract. All information about non-budgetary and budgetary changes is described in the TWM. MS Project Leader must strictly follow provisions of the TWM and identify whether the particular case calls for an addendum or the necessary changes can be notified by a Side Letter. See the Article 6.6 Changes to a Twinning Contract, TWM 2007

Any modifications must be set out in writing in an addendum or a side letter. The contract modifications can be made only within the period of implementation of the contract and they must be notified before the proposed modification actually takes place. Modifications cannot be applied retro-actively.

4.1. Addenda Substantial changes to the Twinning Contract are to be formalized in a formal written addendum to the contract, signed by all the signatories of the Twinning Contract. The changes requiring an addendum are:

• The Acquis Communautaire related to the project,

• Mandatory results (Article 3 of the Work plan)

• MS administration involved in the Twinning project as mentioned in Article 5 of the Twinning Contract

• Implementation period of the Action. (Article 2 of the Twinning Contract)

• Definition of mandatory results and the benchmarks to be achieved (Article 3 and 4 of the Work plan). This does not relate to the means used for implementation, time schedule and dates, neither to identity of non-key MS STEs.

• Identity of the MS and BC PLs, the RTA and the main MS STEs (Article 6 of the Work plan),

• Interruption or termination of the Twinning Contract before completion.

• Suspending the funding or lifting the suspension of funding for a Twinning project

• Budgetary reallocations exceeding 15% of the total Twinning Budget. The total budget of the Twinning project cannot be increased.

Note! Budgetary changes are summed up after each side letter. Once the total amount of modifications reaches 15% of the total budget, any further modification (independent of its size) to the Twinning budget should be done via Addenda, including full approval of all signatories of the contract and approval by the AO.

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This means that: once the reallocations of the budget breakdown have reached the 15% margin thus resulting in an Addendum, any further modification to the contract, be a simple change of expert within an activity or reallocation between activities, can be made only via Addendum. NB !!! Rreallocations within the framework of one activity, if strictly limited to one specific activity are not considered reallocations and should not be summed up for that reason. Reallocations from one activity to another, though, even if within the same budget section are considered reallocations and as such have to be summed up. Resources taken from Contingencies and / or Surplus are considered reallocations, too. Request for contract modifications must be made (by one contracting party to the other) allowing at least 30 days for the addendum to be signed before the modifications are intended to enter into force. A duly signed Addendum shall be submitted to the AO. The AO is entitled to endorse or refuse endorsement of the addendum. The AO shall send the draft Addendum to the PAO for financial control. If the Addendum proves to be compliant with financial stipulations of the TWM and the Twinning Contract the PAO shall endorse the budgetary modifications. If not, the PAO is entitled to ask for revision and resubmission of budget reallocations or even refuse the endorsement.

For the above mentioned changes, except for the change of the BC PL or the key MS STEs a binding opinion of the Steering Committee at the EC Headquarters shall be requested.

Standard template ADDENDUM - Annex No1.

PLEASE NOTE! 1. The AO sends to both Project Leaders the text of their request bearing a signed

acceptance (notification) of the AO. The addendum is considered valid on the date of this notification.

2. All addenda involving budgetary modifications must be supplemented by a new

budget breakdown drafted in accordance with the standard template BUDGET REALLOCATION (see Annex No 3).

4.2. Side Letters If the necessary change does not concern any of the above mentioned issues, the two Project Leaders (MS and BC) can autonomously and jointly decide on a side letter, provided the principles described in Article 3.1 above, as well as the Twinning rules are respected.

The Side Letter shall be submitted to the AO and CC: PAO c/o CFCA.

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Side letters can be issued for the following changes:

• Change which do not affect the basic purpose of the project. • Budget reallocations below 15% (cumulated) of the total Twinning project’s budget. • Replacement of non-principal experts.

Standard template SIDE LETTER - Annex No 2.

PLEASE NOTE! 1. Any side letter takes effect on the next day after the date of notification to the AO. The Twinning Contract is considered to have been changed on the next day after the

latest notification. Changes must be notified before their implementation, even if it is only the day before. A side letter may be notified by a telefax communication, provided that the original document is submitted afterwards. Costs for changes notified after their implementation cannot be reimbursed.

2. Any side letter must be accompanied by a cover letter clearly explaining and justifying the reason for modifications.(see Annex No 2)

3. Any side letter involving budgetary modifications must be supplemented by a new budget breakdown drafted in accordance with the standard template BUDGET REALLOCATION (see Annex No 3) and follow the principles of budgetary changes (see below).

MS PL can delegate RTA to sign side letters on his/her behalf

4.3. Budgetary reallocations Concerning budgetary changes the following principles apply: • The overall budget for a Twinning project cannot be increased, therefore in order to

finance a new activity or to increase costs of any existing activity, costs of another activity must be reduced or cancelled first;

• The unit costs (fees, daily allowances, etc.) must respect the rates set in the TWM; Unit costs may not be increased. The only exception is expert fees in case a higher class expert than initially nominated for the activity has been proposed, if sufficient justification for involvement of such higher class expert is provided;

• Each Twinning project must include a full-time Resident Twinning Advisor, resident in the BC for a minimum of 12 consecutive months. Transfers of budgetary resources may not jeopardize this requirement.

• Introduction of a new activity must be justified by showing that it will be of real use in achieving the mandatory results targeted by the Twinning Contract; the mere availability of funds (following savings under or cancellation of activities originally foreseen) is not sufficient to justify the financing of new activities. The budget should officially be reallocated before the new activity can be implemented. Activities implemented before being officially entered into the budget will not be financed from the project resources. The notifications must be made by a secure means of communication (courier mail), so that dispatch can be proven in the event of dispute.

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5. FINANCIAL MANAGEMENT AND CONTROL The General principles and procedures of financial management and control of Twinning projects is thoroughly described in Section 7 of the TWM 2007. The MS PL may delegate the back-office functions to a certain management structure. It does not dispense, however, the MS PL from the overall responsibility of financial management of the project. Financial administration and control of the project is carried out by the CFCA.

5.1. Payment procedure 5.1.1. Payments to the MS After notification of the Twinning Covenant the MS PL may apply for a pre-financing. For that respect s/he shall submit a payment request form filled in according to the Standard template REQUEST FOR PAYMENT – Annex No.4 to the PAO c/o CFCA. The payment request submitted to the PAO c/o CFCA shall bear the original signature of the MS PL and shall be countersigned/ approved by the BC PL and accompanied by an approval letter of the respective SPO. To speed up the time spent on the payment procedure, it is suggested to submit the request for advance payment to the Latvian Project Leader, who should organize for SPO’s approval. The calculation algorithm for the amount of the pre-financing payment and further payments is described in detail in Article 7.2 of the TWM 2007. The necessary documents to process the advance payment are the following:

- an invoice and account details (Financial Identification Form (FIF)); - SPO’s approval of the invoice and payment orders.

PLEASE NOTE! Requests for pre-financing and invoices must bear the original signature of the MS Project Leader. The CFCA shall verify the payment request and in the event of its full compliance with the Twinning Covenant and stipulations of the TWM shall prepare a remittance request to the State Treasury that is responsible for money transfer to the account indicated by the MS within 45 days. 5.1.2. Payments to the RTA assistant Payments to the RTA assistant are made by the CFCA on the basis of an invoice approved by the RTA and the SPO, accompanied by the timesheet indicating the days actually worked for the project. The payment to the RTA assistant’s indicated bank account is made within 45 days after receipt of a dully signed and approved invoice.

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5.2. VAT reclaims According to the Cabinet of Ministers Regulation No.651 of 30th August 2007 “Application of VAT on imported goods, deliveries of goods, deliveries within the territory of the European Union and services financed from resources of foreign financial assistance” a 0% VAT rate is applied to Transition Facility funding. The National co-financing, in its turn, is applied an 18% VAT which has to be foreseen for the project from the means of the state budget. In case of specific questions on VAT exemption and repayment procedures please contact the Tax payment application division of the Tax Policy Department of the Ministry of Finance: Senior Desk Officer Inna Kolosova Phone: +371 67095528

5.3. Expenditure verification report The final financial report must be accompanied by an expenditure verification report from a recognized, independent auditor. The auditor must certify that all transactions invoiced by the MS Twinning partner have been duly justified in accordance with the established rules and have arisen solely as a result of the Twinning Contract. Veracity as well as eligibility of the transactions must be audited. This report must be submitted together with the final report during the final month of the legal duration of the project. No original documentary evidence shall be submitted to the PAO c/o CFCA. The expenditure verification report dispenses MS implementing bodies from submitting any documentary evidence to the contracting authority when requesting payment. In case the Contracting Authority or the Commission decides nevertheless to conduct a random check of payments and accounts of a Twinning project, original documentary evidence must be made available. (see Article 7.3. The expenditure verification report, TWM 2007) A template of the Expenditure verification report is provided in Annex VI to the Twinning Contract. Standard template EXPENDITURE VERIFICATION REPORT - Annex No 7.

6. REPORTING REQUIREMENTS All the project reports must be drafted by the MS PL in accordance with the Article 6.4 of the TWM 2007. The SPO shall approve Interim Quarterly Reports and the Final Report.

6.1. Interim Quarterly Reports

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Interim Quarterly Reports are to be drafted in accordance with the Article 6.4.2. of the TWM 2007.

Financial part of the interim report must document the actual expenditure in relation to the budgeted expenditure.

Standard template TWINNING INTERIM QUARTERLY REPORT - Annex No 5;

6.2. Final Report The final report executed in accordance with the Article 6.4.3. of the TWM 2007 must be submitted to the AO and PAO c/o CFCA during the last month of the project’s legal duration. The final report must be accompanied by an Expenditure verification report from a recognized, independent auditor (Standard template EXPENDITURE VERIFICATION REPORT - Annex No 7). Note! According to the national legislation of the Republic of Latvia the SPO is responsible for the technical implementation of Twinning and Twinning Light projects and therefore s/he should approve the following documents:

• The Contract • Addenda • Start-up Report (with Section 3:Expenditures) • Quarterly Reports (with Section 3:Expenditures) • Final Report (with Section 3:Expenditures) • Payment requests

The Latvian Project Leader (BC PL) is responsible for communication with the SPO and providing the SPO with all the necessary documentation. Procedures should not be a reason for delays of any actions.

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18

PRIVATE SECTOR INPUTS

7.1. RTA assistant

The RTA should have a full time assistant at his/her disposal for the purposes of translation and interpretation on a daily basis and general administrative duties within the project.

As an RTA Assistant’s contract normally exceeds the ceiling of 10.000 € stipulated for supply of services, an open competition for provision of the required services should be announced. RTA Assistant’s contracts are administered (prepared) by the CFCA, while the MS PL acts as a contracting authority (signing party) to the sub-contractual agreement. The MS PL can delegate authority to sign the RTA Assistant’s contract to the RTA. The costs for an RTA Assistant are included in the breakdown of costs of the Twinning covenant. In order to enable the CFCA to prepare the RTA Assistant’s contract the MS PL or RTA (if dully authorized) shall submit to the CFCA:

1. A cover letter explaining the request; 2. A copy of the advertisement for the vacancy opening; 3. Terms of Reference for RTA Assistant (Standard template TERMS OF REFERENCE

FOR RTA ASSISTANCE - Annex VIII); 4. Evaluation Report describing the recruitment procedure applied; 5. CV and a copy of Passport (main page with the personal code) of the selected

candidate; 6. Authorization letter by the MS PL if the Contracting Authority will be the RTA.

The above documents must be submitted to the CFCA at least 2 (preferably 3) weeks before the planned commencement of the assistant’s assignment. The CFCA shall draft the contract and invite the MS PL / RTA (if atuthorised by the MS PL) and the selected assistant to sign the contract. In case of prolongation of the RTA assistance contract, an explanatory note should be submitted together with a side letter. You can find the template for explanatory note on the internet: http://europa.eu.int/comm/europeaid/tender/gestion/pg/a06_en.doc

7.2. Other private sector inputs According to the Twinning News No. 27 the ceiling for direct agreements by the MS PL to subcontract supply of private sector services as explained in Section 7.6 of the TWM 2007 is raised from € 5.000 to € 10.000. Under that increased ceiling of € 10.000, the MS PL may award service contracts on the basis of a single tender. The new ceiling for supply of private sector services does not affect the global ceiling set for the supply of equipment that will remain limited to € 5.000 for each Twinning project.

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Please note that the purchase of services above this threshold should be tendered according to the national procurement procedures. In this case the MS PL may ask the AO to manage the tendering process on its behalf.

8. Specific Procedures for ‘Twinning light’. Procedures and requirements for Twinning Light projects slightly differ from those for the Conventional Twinning and they have been explicitly described in Section 8 of the TWM 2007. The main difference is as follows:

8.1. Size and duration A Twinning Light project is a small scale project enduring maximum 8 months and the EU funding doesn’t exceed EUR 250 000 and it envisages only short term or medium term expert missions (there are no RTAs for TWL projects).

8.2. MS and BC involvement A Twinning Light project is implemented by only two countries – the BC and the selected MS administration as no consortiums are allowed. The applicant MS does not take part in the evaluation process. Evaluation of proposals is based solely on the documents submitted. There are neither private sector services nor supplies allowed in Twinning Light projects, except for translation and interpretation. Drafting and signing of Twinning Light contracts is organized by the CFCA.

8.3. Cost eligibility and payments Preparatory costs are not eligible for funding Project assistants are not eligible for funding There can be only two payments – a pre-financing and a final payment. No interim payments can be made for Twinning Light projects.

8.4. Reporting For Twinning Light projects there are only two reports required – Start-up report and Final report. No interim quarterly reports need to be submitted.

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The start-up report shall be drawn up during the third month of the project for the first two months following the notification date disregard the actual start of implementation of the project activities. The final report shall be drawn up during the last month of the project’s legal duration. The financial part of a Twinning Light project’s final report shall contain two different financial tables – one in the form of a quarterly report, covering the period not covered by the start-up report, and the other – Final Financial Report indicating all expenditures accrued during the project implementation (according to the Final Report template for Conventional Twinning).

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ANNEXES Annex 1 ADDENDUM Annex 2 SIDELETTER Annex 3 BUDGET REALLCATION TABLE Annex 4 REQUEST FOR PAYMENT FORM Annex 5 QUARTERLY REPORTS TEMPLATE Annex 6 FINAL REPORTS TEMPLATE Annex 7 EXPENDITURES VERIFICATION REPORT Annex 8 TERMS OF REFERENCE (RTA Assistance) Annex 9 GUIDANCE ON COMPUTATION OF EXPERT FEES ON TRAVEL DAYS

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ANNEX No 1

ADDENDUM <No>

to the Twinning Contract: <Dossier No, Title >

Between the Government of Latvia represented by the Administrative Office, for its part represented by Mrs Inese Sudare, Head of Administrative Office, Director of EU and International Affairs Department, Ministry of Finance of the Republic of Latvia, Smilšu street 1, Riga LV-1919

of the one part, and

< full name and address of the MS signatories >

of the other part, have agreed as follows: The following provisions of Twinning covenant < title and identification number of contract > concluded on < date > are hereby replaced/completed as follows: Special Conditions <Article 2. Implementation period of the Action> < text of the new article as amended > <Article 5. Contact addresses> < text of the new article as amended > Annex I <Article 2. ACQUIS COMMUNAUTAIRE - PROJECT FICHE FIELD OF

COOPERATION WITH THE EU> < text of the new article as amended > <Article 3. MANDATORY RESULTS (OUTPUTS)> < text of the new article as amended > <Article 4. TASKS (INPUTS)> < text of the new article as amended > <Article 6. RESOURCES > < text of the new article as amended > Annex < number > : < title > [The new version of Annex < number > : < title > is attached to this addendum ] <Date> <page No.> <identify.No> All other terms and conditions of the covenant [and its previous addenda] remain unchanged. This addendum shall enter into force on the date of notification by Contracting Authority.

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For the MS For the BC

Name <authorised official> Name <authorised official>

Signature Signature

Date Date

Name <project leader> Name <project leader>

Signature Signature

Date Date

For the Contracting Authority

Name Inese Sudare

Signature

Date

Endorsed for financing by PAO

Name Inta Vasaraudze

Signature

Date

<Date> <page No.> <identify.No>

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ANNEX No 2

SIDE LETTER To: Administrative Head of Administrative Office Office Mrs Inese Sudare Director, EU and International Affairs Department Ministry of Finance Smilsu iela 1, LV-1919, Riga, Latvia Fax: (+371) 7 083 830 CC: PAO c/o CFCA Director of the CFCA Smilsu iela 1 Riga LV-1919 Fax: (+371) 735 7841 e-mail:[email protected] Side letter: No <1> Project Dossier No: <LV/200…… > Project title: <Project Title > The MS and BC project leaders hereby notify the Administrative Office with copy to the Programme Authorising Officer (PAO) c/o Central Finance and Contracting Agency (CFCA) of modifications to the above mentioned reference contract. 1. Modifications and reasons for modification: <Text> < In case of replacement of expert, please identify: Activity No: Start of mission date: dd. mm. yyyy. Duration of mission: working days <Please find attached CV (attachment No1) – in case a new expert is proposed> 2. Budget reallocations: < The details of reallocations according to the budget lines are shown in attachment No2> < No budgetary changes result from modifications. > This modification takes effect on the date of arrival of the present Side Letter at the AO and CC: CFCA, unless any of its parts is in conflict with the Twinning rules. Read and approved: Member State Project Leader <Member State authorised signatory> Name: Signature: Date : Beneficiary Country Project Leader <Beneficiary Country authorised signatory> Name: Signature: Date :

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ANNEX No 3 BUDGET REALLOCATION

Side letter: No <1> Project Dossier No: <LV/200…… >

Project title: <Project title >

Budget Section Budgeted cost Actual cost Savings

Reallocations New budget (1)

Unit cost € No. Total Unit cost € No. Total Within activity 15 % limit source*

Section 1

STE fee 250,00 5,00 1 250,00 250,00 4,00 1 000,00 250,00 1 000,00

Flat rate 150% 1,50 1 875,00 1,50 1 500,00 375,00 1 500,00

Per diem 211,00 6,00 1266,00 211,00 5,00 1 055,00 211,00 1 115,00

Flights 450,00 2,00 900,00 450,00 2,00 900,00 900,00

Interpretation 100,00 5,00 500,00 100,00 4,00 400,00 100,00 400,00

Sub-total sections 1 5 863,00 4 915,00 975,00 4 915,00

Section 2

STE fee 250,00 2,00 500,00 250,00 3,00 750,00 250,00 S1 750,00

Flat rate 150% 1,50 750,00 1,50 1 125,00 375,00 S1 1 125,00

Per diem 211,00 3,00 633,00 211,00 3,00 633,00 0,00 S1 633,00

Flights 450,00 2,00 900,00 450,00 2,00 900,00 900,00

Interpretation 100,00 0,00 0,00 100,00 0,00 0,00

Sub-total sections 2 2 783,00 3 408,00 0,00 625,00 3 408,00

Sub-total sections 1-3 16 000,00 15 650,00

Section n

Sub-total all sections (before surplus) 480 000,00 479 650,00

Surplus status 0,00 975,00 625,00 350,00

Sub-total all sections (after surplus) 480 000,00 480 000,00

Contingencies 12 000,00 12 000,00

Total 492 000,00 492 000,00 * Number of the section where the allocation was taken from

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Annex No 4

REQUEST FOR PAYMENT FOR TWINNING CONTRACT EUROPEAN COMMUNITY EXTERNAL ACTIONS

[Date of the request for payment]

For the attention of Mrs I. Vasaraudze,

Programme Authorising Officer, State Under-Secretary, Ministry of Finance

(c/o Central Finance and Contracting Agency) Reference number of the Twinning Contract: ... Title of the Twinning Contract: ... Name and address of the Beneficiary: According to the corespondig FIF Request for payment number: ... Period covered by the request for payment: ... Dear Sir/Madam, I hereby request [a pre-financing payment/a further pre-financing payment/payment of the balance]1 under the Twinning Contract mentioned above. The amount requested is [as indicated in Article 4(2) of the Special Conditions of the Contract/the following: ...].2 Please find attached the following supporting documents: - signed Twinning Contract (for the first pre-financing payment) - audit report if required by Article 15.6 of the General Conditions of the Contract - financial guarantee if required by Article 15.7 of the General Conditions of the Contract - technical and financial interim report (for further pre-financing payments) - final implementation report (for payment of the balance).3 The amount certified by the audit report to be deducted from the sum total of pre-financing under the Twinning contract is the following: ... The payment should be made to the following bank account: ...4 Yours faithfully, [ signature ]

1 Delete the two options which do not apply. 2 Delete the option which does not apply. 3 Delete the items which do not apply. 4 Give the account number shown on the financial identification form annexed to the Contract.

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TWINNING INTERIM QUARTERLY REPORT

number:

EUROPEAN COMMISSION

TWINNING PROJECTS

INTERIM QUARTERLY REPORT Project Title: Partners: Date:

Twinning Contract number: country - year - IB - sector - number

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1. Overview

The Interim Quarterly Report/Final Report for the project comprises the following parts:

Section 1 Basic data on the project Section 2 Content: progress achieved in the implementation of the Twinning project during the reporting period and

schedule for the remaining period Section 3 Expenditure: actual expenditure in relation to budgeted expenditure

2. General guidance

• Throughout the entire Twinning project, at three-monthly intervals starting with the date of notification of endorsement /

signature, the Project leaders may prepare Interim Quarterly Reports/Final Reports. • Interim Quarterly Reports/Final Reports cover both substance and Finances. • The deadline for submission of the Interim Quarterly Reports/Final Reports cannot be altered – The first interim quarterly

report will most often refer to less than three months’ actual project implementation, since the arrival of the RTA in the BC and the beginning of the work schedule rarely coincide with the date of notification.

• The MS Project Leader in co-operation with the BC Project Leader will submit, within the month following each quarter, the interim quarterly reports to the concerned authority (see 6.4 of the Twinning manual).

• One copy of the Report must be sent at the same moment to the relevant Twinning Team in the Commission Headquarters • The Report must be submitted in one of the following three languages: English, French and/or German.

3. Notice

• The approval of the Report by the relevant authorities is without prejudice to the Commission's right to suspend the

activities of a project, terminate an agreement or take any other appropriate step should subsequent verifications reveal problems or significant divergences from the work plan, the budget or the conditions of the Twinning Contract as approved.

• The views expressed in this report do not necessarily reflect the views of the European Commission

Twinning Contract number: country - year - IB - sector - number

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Section 1: Project data

Twinning Contract Number

Project Title:

Twinning Partners (MS and BC)

Report Number:

Period covered by the report:

Duration of the project:

Rapporteur:

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Twinning Contract number: country - year - IB - sector - number

Section 2: Content

This section describes the activities of the project. It is divided in five sections.

2A – BACKGROUND

2B – ACHIEVEMENT OF MANDATORY RESULTS

2C – ACTIVITIES IN THE REPORTING PERIOD

2D – TIMING AND DELAYS

2E – ASSESSMENT

Please remember that the Interim Quarterly Report covers all the activities and results for the reporting period of the project.

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Twinning Contract number: country - year - IB - sector - number

2A - BACKGROUND

Overall objectives

Overall Objective and indicators of achievement (as in Logframe)

Relevance of indicator (Y/N)

Target value State of achievement/ problems encountered

Overall Objective (copied from logframe) Indicator of achievement (copied from logframe)

Project purpose

Project purpose and indicators of achievement (as in Logframe)

Relevance of indicator (Y/N)

Target value State of achievement/ problems encountered

Project purpose (copied from logframe) Indicator of achievement (copied from logframe)

Policy Developments • What were the key developments in the relevant policy area in the BC in the reporting

period?

Project Assumptions • Which of the original assumptions of the project (Article 2 of the Work plan) have been

fulfilled? • Which of them are likely to be fulfilled soon? • Have there been any developments, which make some of the assumptions impossible to

achieve? (If yes, the project requires reorientation)

2B - ACHIEVEMENT OF MANDATORY RESULTS • List all the benchmarks which were achieved in the reporting period within each of the

components and indicate which of the Intermediate Results and Mandatory Results are completed or close to completion.

Results under components

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Results and indicators of achievement (as in Logframe)

Relevance of indicator (Y/N)

Target value State of achievement/ problems encountered

Result 1 (copied from logframe)

Indicator of achievement (copied from logframe)

Result 2 (copied from logframe)

Indicator of achievement (copied from logframe)

2C. ACTIVITIES IN THE REPORTING PERIOD • Component by component, list all the activities which have taken place in the reporting

period in the order in which they appear in the Work plan and providing their reference numbers.

• Fore each activity specify the following details:

(1) Reference number and title of Activity (as in Art 3 of the Work plan); (2) Names of MS experts who delivered it; (3) Number of experts from the BC who participated and their departments of origin (4) Duration of the activity

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X

2D. TIMING AND DELAYS Adherence to time schedule

Reproduce the Schedule from Article 4 of the Work plan and indicate with a cross in the relevant box all the activities which have taken place from inception of the project until the end of the reporting period. In this way the reader will see a clear picture of the delays. Single out those activities which are delayed by more than three months.

Project Month 1 2 3 4 5 6 7 8 9 10 11 12 Component 1 Activity 1.1 Activity 1.2

Activity/action Planned Activity/action Performed

Activity/action Delayed by more than 3 months

Recuperation of delays

For all the activities marked in the schedule as delayed by more than three months, provide an explanation of the delay and indicate when the activities will take place.

2E. ASSESSMENT

Overall Assessment of progress

Overall evaluation of the progress achieved during the reporting period.

Issues

Problems in the management of the project or in the co-operation between the partners. Any other issues.

Recommendations

Agreed solutions to the problems stated in 6.2.

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Twinning Contract number: country - year - IB - sector - number

Section 3: Expenditures Provide total figures of disbursement in the reporting period for key groups of costs

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Welcome Pack 2007 CFCA

ection No. Name of services / goods purchased or direct

costs

Date(s) of services

Invoice number

* Date of invoice

Breakdown and clarification Amount paid in local

currency (if applicable)

INFO-EURO

exchange rate

Amount paid in EUR

Amount foreseen in original

budget

Amount introduced

by side letter /amendment

Amount charged to contingenc

ies xx Resident Twinning Adviser [NAME]

Gross salary 3 x [MONTHLY SALARY]

Non wage labour costs 3 x xxx

6%of sal+non wage 3 X xxx

RTA 50 % allowances [NO OF DAYS] x 50% [PER DIEM] Total

xx Activity no. [NUMBER AND TITLE AS IN CONTRACT]

Mission of expert [NAME]

[DATE AND TIME OF ARRIVAL AND DEPARTURE]

Fees

[NO OF WORKING DAYS] X [RATE]

Flat rate compensation

= 1,5 x [TOTAL AMOUNT OF FEES]

Per diem [NO OF NIGHTS] x [PER DIEM]

Air ticket [PLACE OF DEPARTURE - DESTINATION]

[CLASS]

Local travel to location [PLACE OF DEPARTURE - DESTINATION]

[MEANS OF TRANSPORT AND CLASS]

Translation of [NAME OF DOCUMENT] [NO OF PAGES] x [UNIT PRICE] [NAME OF TRANSLATOR / COMPANY]

Interpretation during [NAME OF EVENT] [NO OF DAYS] x [UNIT PRICE] [NAME OF INTERPRETER / COMPANY

Total xx Activity no. [NUMBER AND TITLE AS IN

CONTRACT]

Study visit to [DESTINATION] [DATE AND TIME OF ARRIVAL AND DEPARTURE] Per diem for participants [NO OF PARTICIPANTS] x [NUMBER OF NIGHTS] x

[PER DIEM]

Local travel cost for participants [PLACE OF DEPARTURE - DESTINATION]

[MEANS OF TRANSPORT AND CLASS] [NO OF PARTICIPANTS] x [COST OF TICKET]

Interpretation days [NO OF DAYS] x [UNIT PRICE] [NAME OF INTERPRETER / COMPANY]

Interpreter's flight [PLACE OF DEPARTURE - DESTINATION]

[MEANS OF TRANSPORT AND CLASS]

Interpreter's per diem [NO OF NIGHTS] x [PER DIEM]

Incidental costs [NO OF WORKING DAYS] x [NO OF PARTICIPANTS] x 10 EUR

Total TOTAL XXX xxx

* Invoice issued by person (expert)/ company implementing activity/ action.

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Welcome Pack 2007 CFCA

ANNEX 6

TWINNING FINAL REPORT

EUROPEAN COMMISSION

TWINNING PROJECTS FINAL REPORT

Project Title: Partners: Date:

Twinning Contract number: country - year - IB - sector - number (Only for Phare, Transition Facility and Cards) Twinning Contract number: country - year - AA - sector - number (Only for Meda and Tacis)

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Twinning Contract number: country - year - IB - sector - number Twinning Contract number: country - year - AA - sector - number

General instructions 1. Overview The Final Report for the project comprises the following parts: Section 1 Basic data on the project Section 2 Content: Achievement of mandatory results Section 3 Expenditure: final financial report 2. General guidance • Final report shall be submitted no later than three months after the implementation period as

defined in article 2 of the General conditions of the Twinning Contract (Annex II). • Final report covers both substance and Finances. The final financial report must be

accompanied by an audit certificate from a recognised, independent auditor, following the template in Annex VI to the Twinning contract.

• The MS Project Leader in co-operation with the BC Project Leader will jointly prepare, co-sign and submit the final report to the concerned authority (see 6.4 of the Twinning manual).

• One copy of the Report must be sent at the same moment to the relevant Twinning Team in the Commission Headquarters, as a matter of information. Please see exact requirements for submission of the Final Report in section 6.4 of the Twinning Manual.

• The Report must be submitted in one of the following three languages: English, French or German.

3. Notice • The views expressed in this report do not necessarily reflect the views of the European

Commission

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Twinning Contract number: country - year - IB - sector - number Twinning Contract number: country - year - AA - sector - number

Section 1: Project data

Twinning Contract Number

Project Title:

Twinning Partners (MS and BC)

Duration of the project:

MS Project leader:

BC Project leader:

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Twinning Contract number: country - year - IB - sector - number Twinning Contract number: country - year - AA - sector - number

Section 2: Content

This section describes the activities of the project. It is divided in nine sub-sections. 2A – EXECUTIVE SUMMARY

2B – BACKGROUND

2C – IMPLEMENTATION PROCESS

2D – ACHIEVEMENT OF MANDATORY RESULTS

2E – IMPACT

2F – FOLLOW-UP AND SUSTAINABILITY

2G –CONCLUSIONS

2H – FINAL RECOMMENDATIONS

2I – ANNEXES

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Twinning Contract number: country - year - IB - sector - number Twinning Contract number: country - year - AA - sector - number 2A - EXECUTIVE SUMMARY (Leave writing this summary until you have completed all the other parts of the report) Briefly cover the following items: What was the purpose? To what extent has it been achieved? What impact is it likely to have on the Beneficiary Country administration? 2B - BACKGROUND Starting Point Briefly describe the original situation in the relevant area of the BC administration before the project, indicating the gaps that the project had to address. Objectives List the objective, purpose and mandatory results of the project (as stated in the Work Plan and / or amended during implementation), addressing the gaps identified above. 2C - IMPLEMENTATION PROCESS Developments outside the project (a) What were the key developments in the relevant policy area in the Beneficiary Country during the implementation of the project? Which of the original assumptions of the project (Article 3 of the Work Plan) were fulfilled? (b) What external problems threatening smooth implementation of the project appeared and how were they solved? Project developments (a) Describe the key developments inside the project, such as change of key staff, re-orientation, completion of an important package of activities, other turning points. (NB: Do not make a detailed account of all activities here) (b) What internal problems threatening the implementation of the project appeared, and how were they solved? Project visibility (a) What steps were taken to ensure project visibility and EU visibility and what was the influence on the project implementation process?

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Twinning Contract number: country - year - IB - sector - number

Twinning Contract number: country - year - AA - sector - number 2D - ACHIEVEMENT OF MANDATORY RESULTS (a) Describe the extent to which each of the mandatory results (measured against the benchmarks agreed in the Work Plan) was achieved. (b) In case one or more mandatory results were not entirely achieved, explain why. (c) Overview mandatory results achieved (See Annex 1). 2E - IMPACT (a) Specify to what extent the achievement of the results led to the achievement of the purpose of the project and the overall objective (measured against the benchmark(s) specified in the Work Plan). (b) List any unexpected results of the project. 2 F - FOLLOW-UP AND SUSTAINABILITY (a) In what way will the results of the project / recommendations be utilised by the BC administration? (b) How is the BC administration going to continue with the work started under the project? (c) In case of failure to achieve the mandatory results in their entirety, what future actions should the final BC administration take in order to achieve them? 2G - CONCLUSIONS Overall Assessment Make a one-paragraph evaluation of the project, its progress and impact. 2H – RECOMMENDATIONS: lessons learned Recommendations for future actions necessary to be undertaken in the area the twinning operates in.

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Twinning Contract number: country - year - IB - sector - number Twinning Contract number: country - year - AA - sector - number 2I – ANNEXES Annex 1: Overview mandatory results achieved

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Overview mandatory results achieved

Component ACTIVITY expected

MANDATORY RESULTS

(Components)Deadline

Delay

+/- [months]

expected BENCHMARKS

(Activities) ASSESSMENT to date

Self-assessment Rate HS (Highly satisfactory), S

(Satisfactory), U (Unsatisfactory)

1) [title] 1,1 1,2 1,3 2) [title] 2,1 2,2 2,3 3) [title] 3,1 3,2 3,3

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Twinning Contract number: country - year - IB - sector - number

Twinning Contract number: country - year - AA - sector - number

Section 3: Expenditure

Provide total figures of disbursement for key groups of costs

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Actions to be undertaken under the Twinning project

Original budget Budget after side letters / addenda

Amount paid in Euros Total

amount paid

Unit cost

No of units

Total MS

cost Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 5 Final

report

1. Resident Twinning Advisor Remuneration Mr./Ms. First Name SURNAME (XXX months) Basic salary and non wage labour costs 0,00 6% of salary and non-wage labour costs 0,00

Total RTA remuneration 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00

2. Resident Twinning Advisor Allowances Daily allowances (50%) 0,00 Allowances for RTA for first 30 days 0,00 Allowances for spouse and children for first 30 days at 50% 0,00 Health and accident insurance for RTA 0,00 Health and accident insurance for spouse 0,00 Health and accident insurance for children 0,00 Accommodation (see appropriate ceiling for each BC) 0,00 Estate Agent’s Fee 0,00 Removal Costs (up to 780kg for RTA, 390kg for spouse and 195kg per child) 0,00 Storage Costs 0,00 Vehicle transport 0,00 Excess Luggage (up to 50kg) 0,00 Travel to and from place of duty – RTA 0,00 Travel to and from place of duty – spouse 0,00 Annual return trip – RTA 0,00 Annual return trip – spouse 0,00 Monthly allowance for special economically priced return trips 0,00 School fees (X children X years) 0,00

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Total RTA Allowances 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00

3. RTA Training Return fare Brussels 0,00 3 per diems BE 201 0,00

Total RTA Training 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00

4. RTA Assistant

5. Project Preparation RTA/PL Leader fees 0,00 (XX trips x XX days) 0,00 ‘Project Management Costs’ 0,00 Per diems 0,00 Airfares 0,00

Total Preparation Costs 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00

6. Project Co-ordination Costs Participation of PL in PSC meetings 0,00 Fees (XX missions of XX days) 0,00 ‘Project Management Costs’ 0,00 Per diems 0,00 Airfare 0,00 Visibility costs 0,00 Audit certificate costs 0,00 Office equipment 0,00 Office furniture 0,00 Telephone costs 0,00 Stationeries 0,00

Total Project Co-ordination Costs 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00

PROJECT ACTIVITIES

7. COMPONENT 1: TITLE 1.1 Activity Title 0,00 Five-day seminar in BC 0,00 XX MS experts (names), XX days 0,00

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Expert fees 0,00 ‘Project Management Costs’ 0,00 Per diems 0,00 Air tickets 0,00 Interpretation (XX interpreters x XX days) 0,00 Translation of XXXX (XX pages) 0,00 Seminar venue 0,00 Coffee Breaks 0,00 Training materials 0,00 BS staff costs( per dim, travel, hotel) 0,00 0,00 1.2 Activity Title 0,00 0,00 0,00 1.3 Activity Title 0,00

Total Component 1 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00

8. COMPONENT 2: TITLE 2.1 Activity Title 0,00 Two-week study trip to MS for XX BC staff to the Ministry of … in … 0,00 Per diems for BC participants (XX x XX days) 0,00 Air tickets for BC participants 0,00 Incidental costs (at 10 per participant/day) 0,00 Interpreter fees 0,00 Air tickets for interpreter 0,00 Per diems for interpreter 0,00 0,00 2.2 – 2.9 ActivityTitle 0,00

Total Component 2 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00

SUB-TOTAL 0,00 0,00 0,00 0,00 0,00 0,00 Amount charded to contingency

TOTAL 0,00 0,00 0,00 0,00 0,00 0,00

Please remember that this report must be accompanied by an EXPENDITURE VERIFICATION REPORT (model Expenditure Verification Report : Annex A6 to the Twinning Contract)

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For the administration of the Member State [name and title of the individual(s) authorised to sign]

[signature]

[date]

For the administration of the BC [name and title of the individual(s authorised to sign]

[signature]

[date]

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ANNEX 7

MODEL EXPENDITURE VERIFICATION REPORT TABLE OF CONTENTS

1. TERMS OF REFERENCE FOR AN EXPENDITURE VERIFICATION OF A TWINNING CONTRACT…………………………………………………………………. Annex 1: Information about the Subject of the Expenditure Verification ……………….. Annex 2: Scope of Work – Procedures to be performed…………………………………….

2. REPORT OF FACTUAL FINDINGS FOR AN EXPENDITURE VERIFICATION OF A TWINNING CONTRACT………………………………………

Point 1 should be completed by the Member State Partner (MSP) and be agreed with the Auditor

Point 2 should be provided by the Auditor

1. Terms of Reference for an Expenditure Verification of a Twinning contract The following are the terms of reference (‘ToR’) on which <name of the Member StatePartner (MSP)> ‘the Member State Partner (MSP)’ agrees to engage < name of the audit firm> ‘the Auditor’ to perform an expenditure verification and to report in connection with an Institution BuildingTwinning contract financed by Community funds <reference of the Twinning contract> (the ‘Twinning contract’). Where in these ToR the ‘Contracting Authority’ is mentioned this refers to <the European Commission or name of another contracting authority> which has signed the Twinning contract with the Member State Partner (MSP) and is providing the funding. The Contracting Authority is not a party to this engagement.

1.1 Responsibilities of the Parties to the Engagement

‘The Member State Partner (MSP)’ refers to the Member State administration that is receiving the Twinning funding and that has signed the Twinning contract with the Contracting Authority. • The Member State Partner (MSP) is responsible for providing a Financial Report

for the Action financed by the Twinning contract and for ensuring that this Financial Report can

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be properly reconciled to the Member State Partner (MSP)’s accounting and bookkeeping system and to the underlying accounts and records.

• The Member State Partner (MSP) accepts that the ability of the Auditor to perform

the procedures required by this engagement effectively depends upon the Member State Partner (MSP), and as the case may be his partners, providing full and free access to the Member State Partner (MSP)’s staff and its accounting and other relevant records.

‘The Auditor’ refers to the Auditor who is responsible for performing the agreed-upon procedures as specified in these ToR, and for submitting a report of factual findings to the Member State Partner (MSP).

• [Option 1: delete if not applicable] The Auditor is a member of <specify the name

of the national accounting or auditing body or institution of which the Auditor is a member> which in turn is a member of the International Federation of Accountants (IFAC).

• [Option 2: delete if not applicable] The Auditor is a member of <specify the name

of the national accounting or auditing body or institution of which the auditor is a member>. Although this organisation is not member of the IFAC, the Auditor commits himself to undertake this engagement in accordance with applicable IFAC standards and ethics.

1.2 Subject of the Engagement

The subject of this engagement is the Financial Report in connection with the Twinning contract for the period covering <dd Month yyyy to dd Month yyyy>. The information, both financial and non-financial, which is subject to verification by the Auditor, is all information which makes it possible to verify that the expenditure claimed by the Member State Partner (MSP) in the Financial Report has occurred, and is accurate and eligible. Annex 1 to these ToR contains an overview of key information about the Twinning contract and the action concerned.

1.3 Reason for the Engagement

The Member State Partner (MSP) is required to submit to the Contracting Authority an expenditure verification report produced by an external auditor in support of the payment requested by the Member State Partner (MSP) under Article 15 of the General Conditions of the Twinning contract. The Authorising Officer of the Contracting Authority requires this report as he makes the payment of expenditure requested by the Member State Partner (MSP) conditional on the factual findings of this report.

1.4 Engagement Type and Objective

This constitutes an engagement to perform specific agreed-upon procedures regarding an expenditure verification of a European Community financed Twinning contract. The objectiveof this expenditure verification is for the Auditor to verify that the expenditure claimed by the Member State Partner (MSP) in the Financial Report for the action financed under the Twinning contract has occurred (‘reality’), is accurate (‘exact’) and eligible and to submit to the Member State Partner (MSP) a report of factual findings with regard to the agreed-upon procedures performed . Eligibility means that the funds provided by the grant have been spent in accordance with the terms and conditions

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of the Twinning contract, the Common Twinning Manual, and other relevant regulations and provisions. As this engagement is not an assurance engagement, the Auditor does not provide an audit opinion and expresses no assurance. The Contracting Authority derives its assurance by drawing its own conclusions from the factual findings reported by the Auditor on the Financial Report and the payment request of the Member State Partner (MSP) relating thereto.

1.5 Scope of Work

1.5.1 The Auditor shall undertake this engagement in accordance with these ToR and:

- in accordance with the International Standard on Related Services (‘ISRS’) 4400 ngagements to perform Agreed-upon Procedures regarding Financial Information as promulgated by the IFAC;

- in compliance with the Code of Ethics for Professional Accountants issued by the

IFAC. Although ISRS 4400 provides that independence is not a requirement for agreed-upon procedures engagements, the Contracting Authority requires that the auditor also complies with the independence requirements of the Code of Ethics for Professional Accountants.

1.5.2 The Terms and Conditions of the Twinning contract

The Auditor verifies that the funds provided by the grant were spent in accordance with the terms and conditions of the Twinning contract as required under Article 1.2 of the Special Conditions of the Twinning contract.

1.5.3 Planning, procedures, documentation and evidence The Auditor should plan the work so that effective expenditure verification can be performed. For this purpose he performs the procedures specified in Annex 2 of these ToR (‘Scope of Work – Procedures to be performed’) and he uses the evidence obtained from these procedures as the basis for the report of factual findings. The Auditor should document matters which are important in providing evidence to support the report of factual findings, and evidence that the work was carried out in accordance with ISRS 4400 and these ToR.

1.6 Reporting

The report on this expenditure verification should describe the purpose and the agreed-upon procedures of the engagement in sufficient detail in order to enable the Member State Partner (MSP) and the Contracting Authority to understand the nature and extent of the procedures performed by the Auditor. Use of the reporting format attached as Annex A7 of the General Conditions is compulsory.

1.7 Other Terms

[The Member State Partner (MSP) and the Auditor can use this section to agree other specific terms such as Auditor’s fees, out of pocket expenses and liability provisions]

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Annex 1: Information about the Subject of the Expenditure Verification [The table below should be completed by the Member State Partner (MSP) and be attached as Annex 1 to the terms of reference for use by the Auditor.]

Information about the Subject of the Expenditure Verification

Reference number and date of the Twinning contract

< Contracting Authority’s reference of the Twinning contract>

Twinning contract title

Country

Member State Partner (MSP)

< full name and address of the Member State Partner (MSP) as per the Twinning contract>

Budget line Twinning contract

< Contracting Authority reference of the budget line and Commission reference where the Contracting Authority is not the Commission >

Source of funding

Steering Committee opinion

d

Start date of the Action

End date of the Action

Total cost of the Action

<amount in Art. 3.1 of the Special Conditions of the Twinning contract>

Grant maximum amount

<amount in Art. 3.2 of the Special Conditions of the Twinning contract>

Total amount received to date by the Member State Partner (MSP) from Contracting

< Total amount received as per dd.mm.yyyy>

Total amount of the payment request

< provide the total amount requested for payment as per Annex V of the General Conditions for Twinning contracts (R t f t f T i i t t) >

Contracting Authority

[Provide the name, position/title, phone and E-mail of the contact person at the Contracting Authority. Only

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completed if the Contracting Authority is not the Commission. ]

European Commission

< provide the name, position/title, phone and E-mail of the contact person in the Delegation of the Commission in the country concerned, or if applicable

Auditor

< Name and address of the audit firm and names/positions of the auditors>

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Annex 2: Scope of Work – Procedures to be performed The Auditor designs and carries out his verification work programme in accordance with the objective and scope of this engagement and the procedures to be performed as specified below. When performing these procedures the Auditor may apply techniques such as inquiry and analysis, (re)computation, comparison, other clerical accuracy checks, observation, inspection of records and documents, inspection of assets and obtaining confirmations. The Auditor obtains sufficient appropriate verification evidence from these procedures to be able to draw up a report of factual findings. For this purpose the Auditor can refer to the guidance provided by International Standard on Auditing 500 “Audit Evidence” and in particular by the paragraphs relating to ‘sufficient appropriate audit evidence’. The Auditor exercises professional judgment as to what is sufficient appropriate verification evidence where he believes that the guidance provided by ISA 500, the terms and conditions of the Twinning contract and the ToR for this engagement are not sufficient. The General Conditions of the Twinning contract (‘General Conditions’) and notably Article 16.3 thereof provide an indicative list of the types and nature of evidence that the Auditor may often find in expenditure verifications. This may vary depending on the nature of the expenditure and the practices in the country concerned. 1 Obtaining a sufficient Understanding of the Action and of the Terms and Conditions of the Twinning contract The Auditor obtains a sufficient understanding of the terms and conditions of the Twinning contract by reviewing the Twinning contract and its annexes and other relevant information, including the regularly updated Common Twinning Manual available on the Commission’s internet, and by inquiry of the Member State Partner (MSP). The Auditor ensures that he obtains a copy of the original Twinning contract (signed by the Member State Partner (MSP) and the Contracting Authority) with its annexes. The Auditor obtains and reviews copies of the < interim/final> Narrative Report (Annex A6 of the Twinning contract). The Auditor pays particular attention to Annex A1 of the Twinning contract, which contains the Description of the Action, Annex A2 (General Conditions) and Annex A4, which provides the relevant rules for procurement (including nationality and origin rules) by grant beneficiaries in the context of Twinning. Failure to comply with these rules makes expenditure ineligible for Community financing. These procurement rules apply to all Twinning contracts but depending on the legal basis for the Twinning contract (for example TACIS, ALA and Food Aid) nationality and origin rules may vary. The Auditor should ensure with the Member State Partner (MSP) that the applicable nationality and origin rules are identified and understood. Applicable rules of nationality and origin are set out, for each legal basis, in Annex A2 to the Practical Guide11 to contract procedures for external actions of the European Communities. If the Auditor finds that the terms and conditions to be verified are not sufficiently clear he should request clarification from the Member State Partner (MSP). 2 Procedures to verify the Eligibility of Expenditure Claimed by the Member State Partner (MSP) in the Financial Report for the Action

2.1 General Procedures

11 See http://europa.eu.int/comm/europeaid/tender/gestion/index_en.htm

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2.1.1 The Auditor verifies that the Financial Report complies with the conditions of the Twinning contract notably with Article 2 of the General Conditions (including format and language).

2.1.2 The Auditor examines whether the Member State Partner (MSP) has complied with the rules for accounting and record keeping of the Twinning contract notably with Article 16 of the General Conditions. The purpose of this is:

- To assess whether an efficient and effective expenditure verification of the Financial Report is feasible; and

- To report important exceptions and weaknesses with regard to accounting, record keeping

and documentation requirements so that the Member State Partner (MSP) can undertake follow-up measures for correction and improvement for the remaining implementation period of the Action.

2.1.3 The Auditor reconciles the information in the Financial Report to the Member State Partner (MSP)’s accounting system and records (e.g. trial balance, general ledger accounts, sub ledgers etc.).

2.1.4 The Auditor verifies that the correct exchange rates have been applied for currency conversions where applicable and in accordance with the conditions of the Twinning contract notably Article 15.9 of the General Conditions.

2.2 Conformity of Expenditure with the Budget and Analytical Review

The Auditor carries out an analytical review of the expenditure headings in the Financial Report and:

- verifies that the budget in the Financial Report corresponds with the Budget of the Twinning contract (authenticity and authorisation of the initial Budget) and that the expenditure incurred was foreseen in the budget of the Twinning contract.

- verifies that the total amount claimed for payment by the Member State Partner (MSP) does not

exceed the maximum grant laid down in Article 3.2 of the Special Conditions of the Twinning contract.

- verifies that any amendments to the Budget of the Twinning contract comply with the conditions for such amendments (including where applicable the requirement for an addendum to the Twinning contract) as set out in the Special and General Conditions and in the Common Twinning Manual.

- verifies that the conditions for profit in Article 17.3 of the General Conditions and in section 5.8 of the Common Twinning Manual were respected.

2.3 Selecting Expenditure for Verification

2.3.1 Expenditure Headings, Subheadings and Items

The expenditure claimed by the Member State Partner (MSP) in the Financial Report is presented as recommended in the standard template for the Twinning final report, annex C10 to the Common Twinning Manual. Expenditure headings can be broken down into expenditure subheadings. Expenditure subheadings can in principle be broken down into individual expenditure items or classes of expenditure items with the same or similar characteristics. The form and nature

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of the supporting evidence (e.g. a payment, a contract, an invoice etc) and the way expenditure is recorded (i.e. journal entries) vary with the type and nature of the expenditure and the underlying actions or transactions. However, in all cases expenditure items reflect the accounting (or financial) value of underlying actions or transactions no matter the type and nature of the action or transaction concerned. 2.3.2 Selecting Expenditure Items Value should be the primary factor used by the Auditor to select expenditure items or classes of expenditure items for verification. The Auditor selects high value expenditure items to ensure an appropriate coverage of expenditure. Moreover, the Auditor uses his judgment to select specific expenditure items or classes of expenditure items. The Auditor may use factors such as his knowledge of the action and the characteristics of the expenditure categories, classes and items being verified such as for example expenditure items that are unusual or inherently risky or error prone.

2.4 Verification of Expenditure The Auditor verifies the expenditure and reports all the exceptions resulting from this verification. Verification exceptions are all verification deviations found when performing the procedures set out in this Annex. In all cases the Auditor assesses the (estimated) financial impact of exceptions in terms of ineligible expenditure. For example: if the Auditor finds an exception with regard to procurement rules he assesses to which extent this exception has led to ineligible expenditure. The Auditor reports all exceptions found including the ones of which he cannot measure the financial impact. Having selected the expenditure items the Auditor verifies them by testing for the criteria set out below. 2.4.1 Eligibility of Direct Costs The Auditor verifies the eligibility of direct costs with the terms and conditions of theTwinning contract notably Article 14 of the General Conditions. He verifies that these costs:

- are necessary for carrying out the action. In other words the Auditor verifies that expenditure for a transaction or action has been incurred for the intended purpose of the action and that is has been necessary for the activities and objectives of the action. The Auditor further verifies that the direct costs are provided for in the Twinning contract Budget and comply with the principles of sound financial management, in particular value for money and cost effectiveness;

- have actually been incurred by the Member State Partner (MSP) or his partners during the

implementation period of the Action as defined in Article 14.1 of the General Conditions;

- are recorded in the accounts of the Member State Partner (MSP) and are identifiable, verifiable and substantiated by originals of supporting evidence.

The Auditor also considers non-eligible costs as described in Article 14.6 of the General Conditions. In this respect the Auditor verifies in particular whether expenditure includes certain taxes, including VAT. If this is the case the Auditor verifies whether the Member State Partner (MSP) (or, where applicable the partners) cannot reclaim these taxes and whether the applicable regulations, rules and practices in the country concerned allow the coverage of these taxes in the expenditure.

2.4.2 Accuracy and Recording

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The Auditor verifies that expenditure for a transaction or action has been accurately and properly recorded in the Member State Partner (MSP)’s accounting system and the Financial Report and that it is supported by appropriate evidence and supporting documents. This includes proper valuation and the use of correct exchange rates. 2.4.3 Classification The Auditor verifies that expenditure for a transaction or action has been classified under the correct heading and subheading of the Financial Report. 2.4.4 Reality (occurrence / existence) The Auditor exercises professional judgment to obtain sufficient appropriate verification evidence as to whether the expenditure has occurred (reality and quality of the expenditure) and - where applicable - assets exist. The Auditor verifies the reality and quality of the expenditure for a transaction or action by examining proof of work done, goods received or services rendered on a timely basis, at acceptable and agreed quality and at reasonable prices or costs. 2.4.5 Compliance with Procurement, Nationality and Origin Rules The Auditor examines which procurement, nationality and origin rules apply for a certain expenditure heading, subheading, a class of expenditure items or an expenditure item. The Auditor verifies whether the Member State Partner (MSP) has complied with such rules and whether the expenditure concerned is eligible. Where the Auditor finds issues of non- compliance with procurement rules, he reports the nature of such events as well as their financial impact in terms of ineligible expenditure. 2.4.6 Twinning management costs The Auditor verifies that the Twinning management costs comply with the requirements as set forth in the Special Conditions of the Twinning contract and in section 5.8 of the Common Twinning Manual. 2.4.7 Contingencies The Auditor verifies that contingencies do not exceed 2.5% of the total eligible costs (direct and indirect) of the Action (sections 5.6.3 of the Common Twinning Manual).

2.5 Verification Coverage of Expenditure The Auditor applies the principles and criteria set out below when planning and performing the procedures for expenditure verification of Sections 2.3 and 2.4 above. This allows the Auditor to rationalise his verification work. Verification by the Auditor and verification coverage of expenditure items does not necessarily mean a complete and exhaustive verification of all the expenditure items that are included in a specific expenditure heading or subheading. The Auditor should ensure a systematic and representative verification but depending on certain conditions (see further below) the Auditor may obtain satisfactory verification results for an expenditure heading or subheading by looking at a limited number of selected expenditure items. The Auditor may apply statistical sampling techniques for the verification of one or more expenditure headings or subheadings of the Financial Report. For this purpose the Auditor examines whether the ‘populations’ (i.e. expenditure subheading or classes of expenditure items within an expenditure subheading) are suitable and sufficiently large (i.e. they should be made up of a large amount of items) for effective statistical sampling. This enables the Auditor to obtain and evaluate verification evidence to form a conclusion on the total of the population from which the

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sample is drawn. The Auditor may refer to IFAC International Standard on Auditing 530 ‘Audit sampling and other selective testing procedures’ for guidance. 2.5.1 Expenditure Coverage Ratio (‘ECR’) The Expenditure Coverage Ratio (‘ECR’) represents the total amount of expenditure verified by the Auditor expressed as a percentage of the total amount of expenditure reported by the Member State Partner (MSP) in the Financial Report and claimed by the Member State Partner (MSP) for deduction from the total sum of pre-financing under the Twinning contract. This amount is reported in Annex V of the Twinning contract. The Auditor ensures that the overall ECR is at least 65%. The Auditor selects expenditure items (see Section 2.3.2). If he finds an exception rate of less than 10% of the total amount of expenditure verified (i.e. 6,5 %) the Auditor finalises verification procedures and continues with reporting. If the exception rate found is higher than 10% the Auditor extends verification procedures until the ECR is at least 85%. The Auditor then finalises verification procedures and continues with reporting regardless of the total exception rate found. The Auditor ensures that the ECR for each expenditure heading and subheading in the Financial Report is at least 10%.

2.6 Verification of Revenues of the Action The Auditor verifies that revenues (including inter alia grants and funding received from other donors and revenue generated by the Member State Partner (MSP) in the context of the action) have been appropriately allocated to the action subject of the Twinning contract and correctly disclosed in the Financial Report. As this engagement is not an audit the Auditor is not requested to assess the completeness of revenues.

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2. Report of Factual Findings for an Expenditure Verification of a Twinning contract

To be printed on letterhead paper of the Auditor <Name of contact person(s)>, < Position> < Member State Partner (MSP)’s name> <Address> <dd Month yyyy> Dear <Name of contact person(s)> In accordance with our contract dated <dd Month yyyy> with <name of the Member State Partner (MSP)> “the Member State Partner (MSP)” and the terms of reference attached thereto (Annex 1 of this report), we provide our Report of Factual Findings (“the Report”), with respect to the accompanying Financial Report you provided for the period covering <dd Month yyyy - dd Month yyyy> (Annex 2 of the Report). You requested certain procedures to be carried out in connection with the Twinning contract concerning [Twinning reference number], the ‘Twinning contract’. The Report consists of this letter and the Report details set out in Chapters 1 and 2. Objective Our engagement was an engagement to perform agreed-upon procedures regarding the expenditure verification of the Twinning contract between you and < the European Commission or the name of another contracting authority> the ‘Contracting Authority’. It involved performing certain specified procedures, the results of which the Contracting Authority uses to draw conclusions from the procedures performed by us. The objective of this expenditure verification is for the Auditor to verify that the expenditure claimed by the Member State Partner (MSP) in the Financial Report for the action financed by the Twinning contract has occurred (‘reality’), is accurate (‘exact’) and eligible and to submit to the Member State Partner (MSP) the report with regard to the agreed-upon procedures performed . Eligibility means that the funds provided by the grant were spent in accordance with the terms and conditions of the Twinning contract, the Common Twinning Manual and the other relevant regulations and provisions. Scope of Work Our engagement was undertaken in accordance with: - the terms of reference in Annex 1 to this Report and:

- International Standard on Related Services (‘ISRS’) 4400 Engagements to perform Agreed-upon Procedures regarding Financial Information as promulgated by the International Federation of Accountants (‘IFAC);

- the Code of Ethics for Professional Accountants issued by the IFAC. Although ISRS4400 provides that independence is not a requirement for agreed-upon procedures engagements, the

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Contracting Authority requires that the auditor also complies with the independence requirements of the Code of Ethics for Professional Accountants;

As requested, we have only performed the procedures set out in the terms of reference for this engagement and we have reported our factual findings on those procedures in Chapter 3 of this Report. The scope of these agreed upon procedures has been determined solely by the Contracting Authority and the procedures were performed solely to assist the Contracting Authority in evaluating whether the expenditure claimed by the Member State Partner (MSP) in the accompanying Financial Report has occurred (‘reality’), is accurate (‘exact’) and eligible. Because the procedures performed by us did not constitute either an audit or a review made in accordance with International Standards on Auditing or International Standards on Review Engagements, we do not express any assurance on the accompanying Financial Report. Had we performed additional procedures or had we performed an audit or review of the financial statements of the Member State Partner (MSP) in accordance with International Standards on Auditing, other matters might have come to our attention that would have been reported to you.

Sources of Information The Report sets out information provided to us by the management of the Member State Partner (MSP) in response to specific questions or as obtained and extracted from the Member State Partner (MSP)’s information and accounting systems. In addition we received verbal representations from the Member State Partner (MSP)’s management which we did not obtain in writing [delete if received in written form.]

Factual Findings The total expenditure which is the subject of this expenditure verification amounts to <xxxxxx> €. The Expenditure Coverage Ratio is <xx%>. This ratio represents the total amount of expenditure verified by us expressed as a percentage of the total expenditure which has been subject of this expenditure verification. The latter amount is equal to the total amount of expenditure reported by the Member State Partner (MSP) in the Financial Report (Annex 2) and claimed by the Member State Partner (MSP) for deduction from the total sum of prefinancing under the Twinning contract as per the Member State Partner (MSP)’s Request for Payment of <dd Month yyyy>. Based on the agreed-upon procedures that we performed we found that expenditure amounting to <xxxx> € is not eligible. The details of our factual findings including a summary table of the expenditure that is not eligible are presented in Chapter 2 of this Report.

Use of this Report

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This Report is solely for the purpose set forth in the above objective. This report is prepared solely for the confidential use of the Member State Partner (MSP) and the Contracting Authority and solely for the purpose of submission to the Contracting Authority in connection with the requirements as set out in Article 15 of the General Conditions of the Twinning contract. This report may not be relied upon by the Member State Partner (MSP) or by the Contracting Authority for any other purpose, nor may it be distributed to any other parties. The Contracting Authority may only disclose this Report to others who have regulatory rights of access to it in particular the European Commission [Delete if the Commission is the Contracting Authority], the European Anti Fraud Office and the European Court of Auditors. This Report relates only to the Financial Report specified above and does not extend to any financial statements of the Member State Partner (MSP). We look forward to discussing our Report with you and would be pleased to provide any further information or assistance which may be required. Yours sincerely <dd Month yyyy> <Name of the Auditor>

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Report Details

Chapter 1 Information about the Twinning contract and the Action

[Chapter 1 should include a description of the Action concerned and the Twinning contract, the Member State Partner (MSP)/ implementing structure and key financial/budget information. The Auditor should also present here the table with ‘Information about the subject of the Expenditure Verification’ as attached by the Member State Partner (MSP) to the ToR .The information in this table should be verified by the Auditor]

Chapter 2 Procedures Performed and Factual Findings We have performed the procedures as agreed upon in the terms of reference for an expenditure verification of the Twinning contract concerning < title and number of the action/contract> (see Annex 1). The factual findings of these procedures are set out under the headings below.

[Describe the results of procedures performed. Use supporting schedules as Appendices to the Report, if applicable.]

[Insert (if any): Details of exceptions:……]

1 Obtaining a sufficient Understanding of the Action and of the terms and conditions of the

Twinning contract 2 Procedures to verify the Eligibility of Expenditure claimed by the Member State Partner

(MSP) in the Financial Report for the Action

2.1 General Procedures

2.2 Conformity of Expenditure with the Budget and Analytical Review

2.3 Selecting Expenditure for Verification

2.4 Verification of Expenditure 2.4.1 Eligibility of Direct Costs 2.4.2 Accuracy and recording 2.4. 3. Classification 2.4.4 Reality (Occurrence / existence) 2.4.5 Compliance with procurement, nationality and origin rules 2.4.6 Twinning management costs 2.4.7 Contingencies 2.5 Verification Coverage of Expenditure 2.5.1 Expenditure Coverage Ratio (‘ECR’). 2.5.2 Sufficient spread of the ECR over expenditure categories.

2.6 Verification of Revenues of the Action

Annex 1 Terms of Reference

Annex 2 Financial Report as provided by the Member State Partner (MSP)

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ANNEX 8

TERMS OF REFERENCE (RTA Assistance) TITLE OF ACTION: Recruitment of an Assistant for interpretation, translation and project assistant services within the framework of the Twinning Project < No, Title>, financed from Transition facility funds. 1. BACKGROUND INFORMATION a) Contracting Authority: <name of MS Project Leader (or RTA, if authorised)> b) Relevant background for the assignment: The implementation of the Twinning Covenant

requires the recruitment of the one full time assistant. The following assignment is for the assistant to the Resident Twinning Adviser in the frame of the Twinning Covenant. The Assistant will be responsible for both interpretation and translation (English, Latvian – essential, <other languages> - valued) and will assist with organizational and managerial matters in order to support the Resident Twinning Adviser (RTA) and short-term experts, and perform other duties and activities according to the Twinning Covenant necessary for the successful implementation of the project. The assistance is needed throughout the whole <No> months of the project. Presence of the Resident Twinning Adviser in Latvia will also be <No> months.

2. COTRACT OBJECTIVES

a) Overall objective: To ensure a smooth and efficient implementation of the Twinning Project.

b) Particular objectives of the assignment: Assisting with the organizational and managerial matters and with interpretation and translation to the Resident Twinning Adviser and short-term experts as well as performing other duties as an assistant. 3. ASSUMPTIONS & RISKS <No risks are expected.> 4. SCOPE OF THE WORK The full time Assistant should support the Resident Twinning Adviser with interpretation and translation services as well as assistance in organizational and managerial matters on a daily basis. In short, she/he should perform all relevant duties– as outlined in the following- as a project assistant. The same support should be given to the short-term experts during the implementation of the Twinning Covenant. All activities to be carried out by the Assistant under this contract shall be related to the implementation of the Twinning Project and shall be instructed by the Resident Twinning Adviser only. The Project- Assistant’s task is support the RTA and other project staff (Short-term Experts from <name of MS country > in their day-to-day advisory work not only as office manager, translator and interpreter, but also dealing with the contents of the project. She/he will ensure the effective administration of the project duties including the maintenance of relevant records and will be responsible for technical preparation and organization of the Workshop and Seminars as well as for the preparation of minutes.

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Besides this she/he has to maintain financial records for a section of the project budget. The work as an office manager implies that besides organizational skills and a certain degree of stress- resistance there is the need of general office management skills. Thus, knowledge of and experience in basic bookkeeping, of \Microsoft Office (Word, Excel, PowerPoint) and designing and maintaining filing systems etc. are an asset. Working in an international project team requires good communication and interpersonal skills 5. LOGISTICS AND TIMING

a) Project location: The Twinning Project is located in Riga, Latvia. The work will take place in the premises <name of organization, address>. Some activities may take place in other areas of Latvia, like seminars, training and workshop. <No> visits will be done to <name of country>. For costs of travel the twinning budget will be used.

b) Project period: The duration of the assignment is <No> months. The average monthly labour service is 22 days. The number of hours per day is normally 8, but depends on the needs and will be defined by the Resident Twinning Adviser and the Latvian Project Leader. Surplus of working hours will be balanced within the framework of the working days. 6. REQUIREMENTS

a) Clear definition of the input (man-days/man-months required): One qualified person who will be selected for the duration of the <No> man-months should fulfill the following basic criteria:

• University degree, • Excellent knowledge of the English language (also <other languages > an advantage) and

acquaintance with the terminology • Translation and/or interpretation experience • Office management skills and experience, in particular in book-keeping and filing systems • Solid computer skills (Word, Excel, Power Point, Internet) • Organizational and communicational capabilities.

It is expected that the selected candidate will obtain a status of self employee.

b) Envisaged time schedule:

The project will start after the notification of the Twinning Covenant and will terminate after <No> months. 7. OUTPUTS Language and technical/managerial assistance to the Resident Twinning Adviser and to the short-terms experts as well as assisting at preparing the working material necessary to implement Twinning Covenant and their translation, the interpretation during the training programmes, seminars, workshops, meetings and other duties shall be performed.

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8. REPORTING < if appropriate> 9. MONITORING AND EVALUATION The scope and the quality of the services rendered by the Assistant will be controlled and evaluated by the Resident Twinning Adviser on a daily basis.

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ANNEX No 9 GUIDANCE ON COMPUTATION OF EXPERT FEES ON TRAVEL DAYS

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