Title III, Article 18 · IPA III

Contents

Article 18Structures and authorities#

1.The following structures shall be involved in the management of cross-border cooperation programmes in the IPA III beneficiaries:

(a)the NIPACs of the IPA III beneficiaries participating in the cross-border cooperation programme, which are jointly responsible for ensuring that the objectives set out in the proposed cross-border cooperation programmes are consistent with the objectives in the IPA III programming framework;

(b)the NAO and the Management Structure, referred to in Article 8(1), point (c), of the lead IPA III beneficiary when the cross-border programme is implemented in indirect management;

(c)the cross-border cooperation structures in all the participating IPA beneficiaries which shall cooperate closely in the programming and implementation of the relevant cross-border cooperation programme. In case of indirect management, the cross-border cooperation structure in the lead IPA III beneficiary shall perform the tasks of Managing Authority referred to in Article 8(1), point (d). The Managing Authority shall designate intermediate bodies;

(d)the Audit Authority referred to in Article 8(1), point (e), when the cross-border programme is implemented in indirect management with the IPA III beneficiary. Where the Audit Authority does not have the authorisation to carry out its functions in the whole territory covered by a cross-border cooperation programme, it shall be assisted by a group of auditors comprising representatives of each country participating in the cross-border cooperation programme.

2.The roles and responsibilities of the structures referred to in paragraph 1 shall be further defined in the financial framework partnership agreement.

3.The participating IPA III beneficiaries shall establish for each cross-border cooperation programme a Joint Monitoring Committee (‘JMC’) which shall also fulfil the role of the sectoral monitoring committee referred to in Article 10.

4.A Joint Technical Secretariat (‘JTS’) shall be set up to assist the Commission as well as other structures and authorities including the JMC. The same JTS may assist in the preparation and implementation of more than one cross-border cooperation programmes.

5.In indirect management by IPA III beneficiary, the participating IPA III beneficiaries shall conclude a bilateral or multilateral arrangement setting out their respective responsibilities for implementing the relevant cross-border cooperation programme. The minimum requirements for such arrangement shall be defined in the financial framework partnership agreement.

Defined terms · 8

Show every defined term

authority
means a public entity or body of an IPA III beneficiary or a Member State at central, regional or local level;
beneficiary
means a public or private body, responsible for initiating and implementing operations within a cross-border cooperation programme;
financial framework partnership agreement
means an arrangement concluded between the Commission and an IPA III beneficiary laying down the principles of the financial cooperation between the IPA III beneficiary and the Commission under this Regulation;
financing agreement
means an annual or multi-annual agreement concluded between the Commission and an IPA III beneficiary, for implementing the IPA III assistance;
lead IPA III beneficiary
means the IPA III beneficiary, which has been appointed as leader and therefore hosts the contracting authority for the cross-border programme.
major project
means a project comprising of a series of works, activities or services which is intended, in itself, to accomplish a definite and indivisible task of a precise economic or technical nature, which has clearly identified goals and whose total cost exceeds that which is specified in the financial framework partnership agreement;
operation
means a project, contract, action or group of projects selected by the contracting authority of the programme concerned, or under its responsibility, contributing to the objectives of the priority or priorities to which it relates;
sectoral agreement
means an arrangement concluded between the Commission and an IPA III beneficiary for implementing a specific IPA III programme, setting out the rules and procedures to be respected, which are not contained in the financial framework partnership agreement or financing agreements;