INSTITUTIONAL FRAMEWORK GOVERNING THE PROGRAMME OPERATOR'S
ESTABLISHMENT, ORGANIZATION AND OPERATION/RESPONSIBILITIES
The
Programme Operator of the Programme entitled: ''Integrated Marine & Inland
Water Management'' - GR.02, in the context of the programming unit:
''Integrated Marine & Inland Water Management'', being implemented with the
funds of the European Economic Area (EEA) Financial Mechanism (FM) 2009-2014
and the Public Investment Programme is the
Executive Authority Partnership Agreement of the Ministry of Environment and
Energy, Environmental Sector (ex SACEP).
The
Programme Operator was set up as the Special Authority for the Coordination of
Environmental Activities (SACEP) of the Ministry
of Environment and Energy by virtue of article 5c, Law 3614/2007
''Management, control and implementation of development interventions for the
programming period 2007-2013'' (Government Gazette 267/Α’/03.12.2007); its
structure is outlined in the Joint Ministerial Decision 19883/2008 (Government
Gazette 1957/Β’/23.09.2008), as modified by the Joint Ministerial Decision
(JMD) 15078/2012 (Government Gazette
980/Β’/29.03.2012). JMD 23813/2009 (Government Gazette 1170/Β’/17.06.2009) also
includes all formal and substantial qualifications required for its personnel.
Based
on the aforementioned legislation, initially, the ''Legal Representative'' of
the Programme Operator was the Secretary General of the Ministry of
Environment, Energy and Climate Change, who was substituted (following an
amendment of the JMD for the setting up of the Service, in 2012) by the Special
Secretary for Water of the Ministry of
Reconstruction of Production, Environment and Energy.
On the basis of article 18, ''Inclusion
of Ministries' Special Services in the Executive Units'', Law 4314/2014
''Α) on the management, control and implementation of
development interventions for the programming period 2014−2020, Β)
Transposition of the European Parliament and Council Directive 2012/17 dated
June, 13th 2012 (ΕΕ L 156/16.6.2012) into Greek law, modification of
L. 3419/2005 (Α 297) and other provisions'', Government Gazette 265/Α’/2014, SACEP merged with the Special Agency
for the Coordination and Implementation of Actions in the Sectors of Energy,
Natural Wealth and Climate Change of the Ministry of Environment, Energy and
Climate Change and a new Special Service was set up with the trade name ''Executive Authority Partnership Agreement
of the Ministry of Environment and Energy, Environmental Sector ''.
The new service encompasses all the competences of the two merging
services as well as the competences described in article 17, Law for the new
National Strategic Reference Framework (NSRF) 2014-2020 and falls under the jurisdiction of the
Minister of Environment and Energy.
Law 4314/2014 (and in particular article 59, para. 16 thereof)
explicitly stipulates the following: ''Wherever a law, decree or ministerial
decision makes reference to Special Services being renamed or merged, it shall
refer, once this document takes effect, to the Special Service being renamed or
being set up accordingly''.
Therefore, the Executive Authority Partnership Agreement of the
Ministry of Environment and Energy, Environmental Sector (ex SACEP) exercises
all the duties of the Programme Operator GR.02, as such are described in the
related institutional texts and distributed amongst the Service's Units, in
accordance with the JMD 15078/2012 (Government Gazette 980/Β’/29.03.2012)
The Programme Operator's organization chart and duties are outlined,
per Service Unit, as laid down in the JMD 15078/2012 (Government Gazette
980/Β’/29.03.2012).
PROGRAMME OPERATOR ORGANIZATION CHART
PROGRAMME OPERATOR
RESPONSIBILITIES
Unit A'
1.
It cooperates with the competent agency of
the Ministry of Economy, Infrastructure, Shipping and Tourism-National Focal
Point - NFP, in the context of the Memorandum of Understanding (MoU)
deliberation and its Annexes.
2.
It draws up and submits to the Financial
Mechanism Committee, through the National Focal Point, an official Programme
proposal, on the basis of the relevant approved Memorandum of Understanding
(MoU).
3.
It operates on the basis of the
''Management and Control System'' which is submitted by the National Focal Point
(NFP) to EEA Financial Mechanism Committee.
4.
It is responsible to prepare and
implement the Programme, adhering to the principles of economy, effectiveness
and efficacy.
5.
It ensures that the Programme shall
contribute to the general objectives of the EEA FM for the period 2009-2014.
The Programme's results and objectives shall comply with the Regulation, the
Programme Agreement (article 5.7 of the Regulation) and the national and EU
enforcement legislation in all stages of its implementation.
6.
It prepares and submits economic reports
(both interim and final) and other reports in accordance with articles 8.3, 8.4
and 8.7 of the Regulation to the Certifying Authority.
7.
It submits a forecast of likely payment
applications, which are necessary to carry out the respective bookings, in
accordance with Article 8.5 of the Regulation, to the Certifying Authority.
8.
It prepares and submits the annual and
final programme reports through the Payment Authority to the EEA Financial
Mechanism Committee and the National Focal Point, pursuant to articles 5.11 and
5.12 respectively of the Regulation.
9.
It complies with the obligations set out
in the Programme Agreement (article 5.7 of the Regulation).
10.
It complies with the Programme's
Information and Publicity Requirements (Annex 4 of the Regulation), providing
information on the Programme, its objectives and implementation as well as the
requirements for Bilateral relations with Donor States (Chapter 3 of the
Regulation).
11.
It describes and justifies every
suggested modification (Article 5.9 of the Regulation) which is deemed
necessary in the framework of the Programme; it also justifies the
modification's impact on economic data, the ''risk assessment'' and the
Programme's results.
12.
It is responsible for the preparation of
calls for proposals for projects to be included, the project selection and the inclusion
procedures in the Programme
13.
It is in charge of handling the
irregularities observed in the Programme.
Unit B'
1.
Unit B’ verifies the results, the
quality of included projects' implementation and progress with regard to the
anticipated results of the EEA FM approved Programme.
2.
It monitors the implementation of the
Projects that have been included in the Programme and assumes the
responsibility to collect, verify and store each Project's data (hard copy and
electronic form).
3.
It ensures transparency and availability
of documents, according to the requirements set forth in article 8.8 of the
Regulation.
4.
It ensures that the Certifying
Authority, aiming at certification, receives all the information required for
the procedures and the expenditure-related verifications carried out.
5.
It verifies the eligibility of declared
expenditures according with the Regulation (article 7), of the Programme
Agreement and the national and EU law.
6.
It is responsible for the approval of the
subprojects' administrative stages of implementation.
7.
It organizes and carries out
administrative and on-the-spot verifications of Projects.
Unit C'
1.
Unit C' supports Unit A' in the
implementation of information and publicity measures.
2.
It supports Unit A' in implementing a
plan for bilateral relations.
3.
It exercises the financial management of
expenses of the Programme Operator (administrative expenses, bilateral
relations and complementary actions).
4.
It is in charge of the website operation
and management.