Regional Fund for Environmental Protection and Water Management in Warsaw -

1. Regional Fund for Environmental Protection and Water Management in Warsaw - acquisition of EU funds, supervision of their use and possible irregularities Warsaw, 10 December 2015

2. Agenda: Information about the operation and achievements of the Regional Fund for Environmental Protection and Water Management Tasks performed in the framework of the implementation of EU funds The scope of control activities of the Regional Fund for Environmental Protection and Water Prevention, detection and investigation of suspected of collusion bidding on projects co-financed by the EU Summary

3. Information about the operation and achievements of the Regional Fund for Environmental Protection and Water Management

4. Regional Fund for Environmental Protection and Water Management in Warsaw for more than 21 years financially supports various types of environmental projects in the field specified underthe Environmental Protection Law. the Regional Fund for Environmental Protection and Water Management co-financed more than 19 000 investments with an amount of over 4 billion zlotys. www.wfosigw.pl

5. How did the Regional Fund for Environmental Protection and Water Management in Warsaw obtain the money? The main source of income of the Regional Fund for Environmental Protection and Water Management in Warsaw is: revenues from fees for use of the environment; revenues from penalties for non-compliance with environmental laws; the surplus of the municipal and county funds for environmental protection; interest on loans; other income. www.wfosigw.pl

6. With these measures, the Regional Fund for Environmental Protection and Water Management in Warsaw can finance environmental tasks in the following areas: Water protection Water management Protection of the atmosphere Protection of land (including renewable energy) Environmental education Nature conservation Preventing environmental risks and serious accidents Monitoring of the envoronment European Union aid funds www.wfosigw.pl

7. The money from the Regional Fund for Environmental Protection and Water Management in Warsaw can be sollicited by: local government units, their unions and subordinate units; physical persons; other applicants, e.g.: State Forests, National Park, parks, legal persons, water companies and their associations, organizations, societies, associations, foundations, universities and research institutes, state or local government cultural institutions, etc., provided they carry out an environmentally friendly task within the Masovian voivodeship. www.wfosigw.pl

8. Financial assistance from the resources of the Regional Fund for Environmental Protection and Water Management in Warsaw may be granted in the form of: Loans at preferential rates(with a possibility of partial redemption); Non-repayable grants; Transfer of funds to state budget units (pjb); Awards for environmental protection and water management, unrelated to the performance of duties of employees of the government administration and local government. www.wfosigw.pl

9. The amount of cofinancing from the funds of the Regional Fund for Environmental Protection and Water Management in Warsaw in a form of a loan: up to 100% of eligible costs; Of preferential interest rate of 3.5% per annum( in individual cases it is possible to reduce to 1,5 %); grace period for repayment of the loan may be granted up to 12 months (for local government units Board of Directors may extend the grace period up to 24 months); the repayment period not longer than 10 years ( in justified cases, at the request of the applicant, this period may be extended to 15 years); redemption level for individual tasks / fields is defined in the regulations of programmes and competitions; the maximum level of redemption for individual tasks / areas shall not exceed 50% of the loan; www.wfosigw.pl

10. The amount of cofinancing from the funds of the Regional Fund for Environmental Protection and Water Management in Warsaw in a form of a grant: up to 50% of the eligible cost for investment and modernization tasks depending on the nature of the task and the type of beneficiary; up to 100 % of the eligible cost for investment and modernization tasks depending on the nature of the task and the type of beneficiary; up to 50% of the eligible cost for co-financing of projects co-financed by the European Union to finance one’s own contribution understood in accordance with the guidelines for the different EU programmes. The final level of support provided depends on the conditions of the EU programme. www.wfosigw.pl

11. What does the call for proposals in the Regional Fund for Environmental Protection and Water Management in Warsaw in 2015 look like? 30 December 2014 The Management Board of the Regional Fund for Environmental Protection and Water Management in Warsaw under Resolution No. 2586/14 adopted calendar call for proposals for funding from the Regional Fund for Environmental Protection and Water Management in Warsaw in 2015. The calendar is posted on www.wfosigw.pl and possible to download. The calendar provides details on programmes and competitions realized by the Fund in 2015, including full titles, modes of recruitment, forms and scope of funding, applicant type and timing of recruitment. The funds in 2015 are awarded based on applications submitted through calls for proposals published according to the calendar for 2015. www.wfosigw.pl

12. Basic forms of recruitment requests for funding from the Regional Fund for Environmental Protection and Water Management in Warsaw: Programmes(in 2015, together there were prepared 23programmes)for 7 areas of activity:- water protection (2 programmes)- water management (4 programmes)- protection of the atmosphere (8 programmes)- land protection (3 programmes)- ecological education (2 programmes)- nature conservation (3 programmes)- extraordinary threats (1 programme) broken down by type of applicant, i.e.: local government units and their subordinate units physical persons; other applicants conducted in an open mode. www.wfosigw.pl

13. Basic forms of recruitment requests for funding from the Regional Fund for Environmental Protection and Water Management in Warsaw: Competitions(in 2015 1 competition was prepared) For 1 field of activity, i.e. environmental education Competition 2015-EE-14 entitled „Organization of contests and competitions in the field of environmental education” broken down by type of applicant, i.e.: local government units and their subordinate units other applicants Conducted in a closed mode in accordance with the deadlines set in the the timeline for applying for funding from the Regional Fund for Environmental Protection and Water Management in Warsaw na 2015 r. In 2015, there were three calls for competition. www.wfosigw.pl

14. The programming for the year 2015 for local government units and their subordinate units (22 programmes): 2015-OW- 1 Implementation of projects included in the National Programme for Municipal Wastewater Treatment 2015-OW- 2 Tasks in the field of water protection 2015-GW-3 Construction and reconstruction of equipment and hydraulic facilities to improve flood protection, and flood damage 2015-GW-4 Improving the quality of drinking water through the construction, reconstruction and repair of the water treatment plant 2015-GW-5 Supporting tasks related to activities for the reconstruction of equipmentand facilities of basic and detailed drainage, providing protection of urban areas against sinking water and rainwater 2015-GW-6 Tasks in the field of water management 2015-OA-7 Reducing emissions of pollution into the air 2015-OA-8 Promoting installation using renewable energy 2015-OA-9 Supporting tasks in the field of thermo-modernization and associated with heat recovery from ventilation www.wfosigw.pl

15. The programming for the year 2015 for local government units and their subordinate units (continued): 2015-OA-10A Modernization of electric lighting 2015-OA-10B Improving air quality Part 2) Kawka - Liquidation of low emission promoting growth in efficiency and development of distributed renewable energy sources 2015-OA-10C Improving air quality in Mazowieckie voivodeship - reduction of emissions through the modernization of the boiler room 2015-OA-10D Plans for Low-Carbon Economy 2015-OZ-11 Construction and expansion of facilities for waste managementwithin the Regional Waste Management Plan for the years 2012-2017 for Mazoviawith the prospect of years 2018-2023 2015-OZ-12 Removal and disposal of asbestos in the Mazovieckie voivodeship 2015-OZ-12A Projects associated with the closure and rehabilitation of landfills www.wfosigw.pl

16. The programming for the year 2015 for local government units and their subordinate units (continued): 2015-EE-13 Supporting environmental education through the promotion of measures to raise environmental awareness of the society 2015-EE-15 Supporting the development of the field educational infrastructure 2015-OP-16 Tasks in the field of nature conservation 2015-OP-16A Removing Sosnowski borscht in the Mazowieckie voivodeship 2015-OP-17 Execution of simplified management plans and inventory of state forests constituting property of the Treasury 2015-NZ-18 Purchase of fire trucks and rescue equipment www.wfosigw.pl

17. The programming for the year 2015 for individuals (1 programme with 4 sub-programmes): 2015-OA-10 Reducing emissions of air pollutants by modernizing individual boilers, the purchase and installation of solar collectors, buyingand installation of the photovoltaic installation, purchase and installation of heat pumps Modernization of individual boilers Purchase and installation of solar collectors Purchase and installation of heat pumps Purchase and implementation of photovoltaic installation www.wfosigw.pl

18. The programming for the year 2015 for other applicants (17 programmes): 2015-OW- 1 Implementation of projects included in the National Programme for Municipal Wastewater Treatment 2015-OW- 2 Tasks in the field of water protection 2015-GW-3 Construction and reconstruction of equipment and hydraulic facilities to improve flood protection, and flood damage 2015-GW-4 Improving the quality of drinking water through the construction, reconstruction and repair of the water treatment plant 2015-GW-5 Supporting tasks related to activities for the reconstruction of equipmentand facilities of basic and detailed drainage, providing protection of urban areas against sinking water and rainwater 2015-GW-6 Tasks in the field of water management 2015-OA-7 Reducing emissions of pollution into the air 2015-OA-8 Promoting installation using renewable energy 2015-OA-9 Supporting tasks in the field of thermo-modernization and associated with heat recovery from ventilation www.wfosigw.pl

19. The programming for the year 2015 for other applicants (cd.): 2015-OA-10A Modernization of electric lighting 2015-OZ-11 Construction and expansion of facilities for waste managementwithin the Regional Waste Management Plan for the years 2012-2017 for Mazoviawith the prospect of years 2018-2023 2015-OZ-12 Removal and disposal of asbestos in the Mazovieckie voivodeship 2015-OZ-12A Projects associated with the closure and rehabilitation of landfills 2015-EE-13 Supporting environmental education through the promotion of measures to raise environmental awareness of the society 2015-EE-15 Supporting the development of the field educational infrastructure 2015-OP-16 Tasks in the field of nature conservation 2015-NZ-18 Purchase of fire trucks and rescue equipment www.wfosigw.pl

20. Implementation of the offer in 2015: Programmes and competition regulations together with the models of applicationsand attachments are available on www.wfosigw.plfor programmes = tab STREFA BENEFICJENTA / PROGRAMY/ PROGRAMY 2015 divided according to the type of applicantfor competitions = tab STREFA BENEFICJENTA /KONKURSY/ KONKURSY 2015 divided according to the type of applicant Starting dates of calls for proposals are different for each programme. Closure of programmes takes place upon exhaustion of the allocation for the programme. Call for proposals lasts no later than until 30.10.2015. The Board of the Regional Fund for Environmental Protection and Water Management in Warsaw shall immediately inform about changes in the calendar on www.wfosigw.pl www.wfosigw.pl

21. II. Tasks performed in the framework of the implementation of EU funds

22. Distribution of EU funds available under the Operational Programme Infrastructure and Environment between the various sectors is as follows: • envoronment – 4.8 billion euros; • Water and sewage management - 3 275.2 million euros (including 2 783.9 million euros from CF); • Waste management and land protection - 1430.3 million euros (including 1,215,7 million euros from CF); • transport – 19.4 billion euros; • power engineering – 1.7 billion euros; • culture - 490,0 million euros; • health - 350 million euros; • Higher education - 500 million euros

23. The implementation of the Infrastructure and Environment Programme • In the current programming period 2007-2013, the Fund is the Implementing Authority for the following priority axes: • I – Water and sewage management , • II – Waste management and land protection (projects worth up to 25 million euros). Projects that contribute to equip urban areas in sewage systems and sewage treatment plants are realized primarily.

24. The implementation of the Infrastructure and Environment Programme • In the current programming period 2007-2013, the Fund is the Implementing Authority for the following priority axes: • I – Water and sewage management , • II – Waste management and land protection (projects worth up to 25 million euros). Projects that contribute to equip urban areas in sewage systems and sewage treatment plants are realized primarily.

25. Scheme of applying for funds from the OPIE • Preparation of project documentation and application • Submission of a complete application to the relevant institutions within the deadline according to the rules of the competition • Acceptance of the application in terms of formal criteria • Acceptance of the application in terms of merit of I degree • Acceptance of the application in terms of merit of I degree • Receipt of confirmation on project financing • Satisfying (if any) conditions recorded in the Confirmation by submitting a revised application subsidy • Negotiation of conditions for project financing agreement by filling out a negotiation sheet • Conclusion of the agreement with the relevant Implementing Institution subsidy of the project • Implementation of the project in accordance with the agreement for a subsidy • Submission of applications for payment in accordance with the agreement • subsidy • Undergoing inspection conducted by various institutions involved in the implementation of OPIE

27. The guidelines of the Ministry of Regional Development Minister of Regional Development has issued a series of horizontal guidelines , including among others With respect to: selected issues related to the preparation of investment projects, including revenue-generating projects, unified management and monitoring system of individual projects, Conduct on the environmental impact assessment for projects co-financed from the national or regional operational programmes, eligibility of expenditure under the Structural Funds and the Cohesion Fund in the programming period 2007-2013, mode of payment and settlement, reporting, conditions for the collection and transmission of data in an electronic form, the use of technical assistance,

28. The guidelines of the Ministry of Regional Development With respect to Operational Programme Infrastructure and Environment the Minister for Regional Development issued the following guidelines: Guidelines for eligibility of expenditure under OPIE Guidelines for reporting of OPIE Guidelines for the control of implementation of OPIE

29. The procedures used by the beneficiary The beneficiary should have documented organizational structure taking into account the management of the project with a description of the tasks of each organizational unit in the implementation of the project and have and apply procedures for: Mode of selection of the contractor and conclusion of contracts under the project implemented within the framework of OPI & E - in line with the rules of the OPIE , verifying whether the works, services or supplies for which payment is made have actually been made in accordance with the agreement, preparation of applications for payment, including rules for verification and validation of all expenditure included in the application for payment in accordance with the principles contained in Guidelines With respect to eligibility of expenditure under the OPI & E issued by the Minister of Regional Development, accounting policies, together with the capital accounts’ plan, taking into account the obligation to use a separate accounting system or an adequate accounting code for all operations related to the project, archiving all documents related to the project during the implementation of OPI & E, and three years from the closing of OPI & E in accordance with art. 90 Council Regulation (EC) No 1083/2006 and art. 19 Commission Regulation (EC) No 1828/2006.

30. Documents on the stage of the project -Financing Agreement Financing agreement concluded between the beneficiary and the implementing institution is the basic document defining the rights and obligations of the beneficiary and the implementing authority related to the implementation of a project co-financed under OPIE. Its scope includes among others: rules for the implementation of the project, requiring the beneficiary to observe Minister’s of Regional Development guidelines , Determination of the value of the project and the amount of funding, the eligibility period and the completion date of the material scope of the project, the scope and the deadline for achieving the environmental effect, conditions for payment of grants and forms of payment (advance payment, interim payment, final payment) the principle of recovery of funds principles of contract performance security

31. Documents on the stage of the project -Monitoring and accounting of the project Document for monitoring the implementation of the project and at the same time its settlement is Beneficiary’s payment request. This document serves as a report in which the beneficiary presents the material and financial progress of the project and request for payment by the Implementing Institutions. Payment request shall be issued at least once every three months, according tothe schedule attached to the grant agreement. The beneficiary shall enclose together with the payment resuest the following documents: • copies of invoices or equivalent accounting documents, • copies of documents confirming receipt / execution of works, • agreements concluded between the beneficiary and the contractor. Rules for monitoring the implementation of projects and the Operational Programme are set out in Guidelines for reporting of OPIE.

32. III. The scope of control activities of the Regional Fund for Environmental Protection and Water

33. Documents on each stage of the project -Control of the Project Checks are performed to verify that the co-financed products and services are actually delivered and that the expenditure declared by the beneficiaries to cover each operation has actually been incurred in accordance with Community and national rules. The rules for conduct of audits are defined in Guidelines for the control of implementation of the OPIE The system of implementation of OPI & E there are the following types of controls of projects: checks of preparation of key projects, Control of procedures for concluding agreements in relation to the objectives of the project, checks during project implementation, checks on requests for payment, checks at the end of the project, controls of projects financially advanced or completed before the first settlement of expenses, Checks of the sustainability of the project after project completion, Control of PT projects. Control activities include the verification of documents submitted by the beneficiaries, they may also include a check on the project site.

34. Control Basic documents The basic documents regulating the principles and procedures of control are: Guidelines for process control under the responsibility of the Managing Authority of Operational Programme, Guidance on the conditions of certification and preparation of forecasts of applications for payment to the European Commission under the NSRF for 2007-2013, Guidelines for the control of OPI & E implementation. www.funduszeeuropejskie.gov.pl Tab Dokumenty i wytyczne ► Wytyczne polskie ► Wytyczne horyzontalne – obowiązujące (Eng. Documents and guidelines Guidelines ► Polish ► Horizontal guidelines)www.pois.gov.pl Tab Dokumenty i wytyczne (Eng. Documents and guidelines ) ► Wytyczne obowiązujące (Eng. Applicable guidelines)

35. Control – who conducts it Controls in the system of the implementation of OPI & E are led by: National institutions: Managing Authority, The Intermediate Authority, Implementing Authority, Certifying Authority, Audit Authority. Community institutions: European Commission, The European Court of Auditors, The European Anti-Fraud Office (OLAF). Checks may also be carried out by external entities acting on behalf of the MA, IP or IW. In addition, checks are conducted by other competent authorities under separate regulations, including: The Supreme Chamber of Control, the Regional Chamber of Audit, Treasury Control Offices, the President of the Office of Public Procurement.

36. I. Legal and inspection rules of the Regional Fund for Environmental Protection and Water Legal basis for inspection Agreement on the implementation of OPIE priority axes: I – water and wastewater management and II Waste management and the protection of the earth contained in Lublin on 25.06.2007 between the Minister of the Environment and the Regional Fund for Environmental Protection and Water Management in Warsaw. The tasks of the Implementing Authority for the control of public procurement for the objectives of the project, to which apply the public procurement rules, the guidelines of the Managing Authority should be used in this regard […]. The tasks of the Implementing Authority for the control of concluding agreements for the objectives of the project, which are not subject to public procurement rules include [...] checking for compliance with the rules of eligibility of expenditure.

37. Irregularities - basic documents The main documents regulating the rules, terms and ways of whistleblowing are: Guidelines of the Minister of Regional Development on how to proceed in the event of irregularities in the use of the Structural Funds and the Cohesion Fund in the programming period 2007-2013, The procedure to inform the European Commission about the irregularities in the use of Structural Funds and the Cohesion Fund in 2007-2013, approved by the Government Plenipotentiary for combating fraud against the Republic of Poland or European Union (PION). The documents are available on the Internet www.funduszeeuropejskie.gov.pl Tab Dokumenty i wytyczne ► Wytyczne polskie ► Wytyczne horyzontalne – obowiązujące (Eng. Documents and guidelines ► Polish Guidelines ► Guidelines horizontal – in force) www.pois.gov.pl Tab Poradnik beneficjenta ► Kontrola i nieprawidłowości (Eng. Beneficiary’s Guide ► Control and irregularities)

38. The definition of irregularities Under art. 2 (7) of Regulation 1083/2006 for irregularity should be considered a violation of any provision of Community law resulting from an act or omission by an economic operator, which causes or could cause harm to the general budget of the European Union by charging unjustified expenditure to the general budget. In order to find irregularities, one must apply a total of three basic elements of the definition, i.e.: law infringement, act or omission by an economic operator, causing even potential financial harm to the general budget of the European Union. According to the Commission included in the Minister's Guidelines on conduct in the event of irregularities in the use of the Structural Funds and the Cohesion Fund in the programming period 2007-2013 and SYNC, the term "infringement" is interpreted broadly, also covering issues related to national rules for use of EU funds. An infringment will therefore be any breach of the rules of the beneficiary in the implementation of the project.

39. Irregularities - continued "Operator" means any natural or legal person or other entity taking part in the implementation of assistance from the Funds, with the exception of a Member State exercising its prerogatives as a public authority. The above definition does not refer to the concept of "beneficiary", whose legal definition is specified under art. 2 (4) Regulation 1083/2006. It therefore shows that irregularities may concern not only the originator or the entity implementing the project, but every person who has just only sought for support. Lack of financial effect, actual or potential prevents the classification of the infringement as an irregularity and thus starts the procedure for the recognition of expenses as incorrect. Thus, in the case of violations / breaches / errors especially of a formal nature, where there is no financial impact (even a potential one), one should not impose sanctions of a financial nature on the beneficiary.

40. Notification of irregularities For the process of informing the European Commission about the irregularities is responsible: Government's Plenipotentiary for combating fraud against the Polish and European Union - who carries out tasks related to informing the Commission of irregularities (under the Ministry of Finance) Managing Authority Ministry of Regional Development is responsible for the preparation and transmission of relevant information on irregularities to the Ministry of Finance. The institutions responsible for detecting and providing information about irregularities are: the Managing Authority of the Ministry of Regional Development, Intermediate Bodies of the Ministry of Environment, Implementing Institution at the Regional Fund for Environmental Protection and Water Management, the National Fund, Certifying Authority, Audit Authority, other entities (e.g. The Supreme Chamber of Control, the Regional Chamber of Audit, law enforcement bodies). The institutions responsible for the notification of irregularities are required to verify the information received with the identified violations of the law.

41. Irregularities - continued IZ OPI & E is committed to immediately notify the Ministry of Finance and the IC of any irregularities subject to immediate notification to the European Commission pursuant to art.29 of Regulation 1828/2006. Information about the discovery of irregularities subject to immediate notification shall be done by drawing up a report in IMS system. There are certain exceptions to the obligation to report irregularities to the European Commission - in accordance with art. 28 ( 2) of Regulation 1828/2006 are not subject to notification to the Commission cases in which: irregularity consists solely in partial or complete failure to execute operations under the operational programme owing to the bankruptcy of the beneficiary; cases brought to the managing authority or certifying authority by the beneficiary voluntarily and before detection by either of them, before or after the inclusion of the expenditure concerned in a certified statement submitted to the Commission; cases detected and corrected by the Managing Authority or Certifying Authority before turning the expenditure concerned in a statement of expenditure submitted to the Commission. These exceptions do not apply to irregularities in respect of which there is suspicion of abuse (fraud) of financial statements. One should also report any irregularities preceding a bankruptcy. In addition, all abnormalities (including those not subject to notification to the Commission) are compulsorily notifiable in the form of a register adjustments and violations under OPI & E at the national level.

42. Correcting expenditure wrongly charged The main document governing the system of adjustment of expenses improperly incurred under the OPI & E is: Guidance on how to correct the expenditure wrongly incurred under Operational Programme Infrastructure and Environment. www.pois.gov.pl Tab Dokumenty i wytyczne ► Wzory dokumentów ► Dla instytucji realizujących program (Eng. Documents and guidelines ► The templates of documents ►for institutions implementing the programme) Prepared by the MA OPIE document sets out the procedure to correct the expenditure wrongly charged depending on the stage at which the irregularity is detected, the modes of recovery, as well as the issue of the valuation principles of possible damage. The procedure depends on the moment in which the irregularity is detected, in particular: in a situation where the irregularities occur before approving beneficiary's payment request, expenditure improperly incurred is recognized in whole or in part ineligible, resulting in a reduction in the amount of eligible expenditure for the beneficiary's payment request, in the case of irregularities detected after the settlement of expense with the beneficiary, on the basis of the provisions of the grant agreement a financial correction is made, as well as in cases set out in the Public Finance Act proceedings are initiated to recover the amounts improperly used by the beneficiary together with interest.

43. Financial correction The financial correction is to reduce the maximum grant amount by the amount of irregularities. Furthermore, upon discovery of the occurrence of conditions set out in art. 207 ( 1) The Public Finance Act i.e.: misused funds, the use of funds in violation of the procedures referred to in art. 184 of the Public Finance Act , spending funds unduly or in excessive amounts, - Makes it necessary to initiate proceedings to recover the amounts improperly used by the beneficiary, with interest (not applicable to government entities).

44. Recovery of funds Recovery of funds should be in accordance with the following sequence (does not apply to government entities): first the beneficiary should be asked to return the funds incorrectly used - in accordance with art. 207 ( 8) (1) of the Public Finance Act, or to consent to the reduction of the next payment - in accordance with art. 207 ( 8) (2) of the Public Finance Act, after the expiry of the period referred to in art. 207 ( 8) of the Public Finance Act, the competent institution (MA or IB IW or if it has been authorized and is part of the public finance sector) issues recovery decision in accordance with art. 207 ( 9) of the Public Finance Act, in case the beneficiary does not return funds and in the absence of reduction of payments resulting from the next beneficiary's payment request, it is possible to recover funds from established contract securities, initiation of proceedings concerning administrative enforcement. At the same time, institutions enter data into the register of charges on the project in the KSI system (SIMIK 07-13).

45. IV. Prevention, detection and investigation of suspected of collusion bidding on projects co-financed by the EU

46. Legal basis and inspection rules for concluding contracts Legal basis for inspection Art. 35 e ( 1) of Act of 6 December 2006 on the principles of development policy (Journal of Laws No. 227 ( 1658) as amended. Agreement on the implementation of OPIE priority axes: I – water and wastewater management and II Waste management and the protection of the earth contained in Lublin on 25.06.2007 between the Minister of the Environment and the Regional Fund for Environmental Protection and Water Management in Warsaw. Guidelines for the control of implementation of OPIE 2007-2013. § 13 of grant agreements concluded between the beneficiaries and the Regional Fund for Environmental Protection and Water Management in Warsaw.

47. Legal basis and inspection rules for concluding contracts Legal basis for inspection Art. 35 e ( 1) of Act of 6 December 2006 on the principles of development policy (Journal of Laws No. 227 ( 1658) as amended. The beneficiary is obliged to undergo controls on the correctness of the project, carried out by the managing authority, intermediate authority, implementing authority, the certifying authority, the audit authority, the European Commission and other institutions authorized to carry out control on the basis of separate regulations.

48. Legal basis and inspection rules for concluding contracts Legal basis for inspection Guidelines for the control of implementation of OPIE 2007-2013. On the basis of agreements between MA and IB, as well as IP and IA / IP II agreements on the system of the IE OP implementation, the control procedures for awarding contracts for the objectives of the project IE OP are responsible IA / IP II [...] In justified cases, the control of contracting procedures can also be led by IP or MA, alone or in cooperation with IP. In order to avoid duplication of control activities MA or IB should inform IP or IA / IP II responsible for carrying out control about the decision to take control.

49. Legal basis and inspection rules for concluding contracts Legal basis for inspection § 13 of grant agreements concluded between the beneficiaries and the Regional Fund for Environmental Protection and Water Management in Warsaw. The Implementing Authority monitors compliance by the beneficiary with the provisions of § 12 of the grant agreement i.e. the use of appropriate procedures for awarding public contracts by both Beneficiaries applying and not the Public Procurement Law.

50. Duties and powers of beneficiaries and the rules for concluding agreements Obligation to respect / apply the Guidelines of MA, resulting from § 4 ( 1) (2) of the grant agreement. The obligation to apply the relevant contracting procedures, arising from § 12 of the grant agreement. The obligation to undergo control and submit documents under § 13 of the grant agreement.