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National authority
In each Member State and third country associated to the Programme, the national authorities designated for the management of actions referred to in Chapter III of Regulation (EU) 2021/817 shall also act as national authorities in the framework of the Programme. Article 26(1), (2), (6), (7), (9), (10), (11), (12), (13) and (14) of Regulation (EU) 2021/817 shall apply mutatis mutandis to national authorities under the Programme.
National agency
1. In each Member State and third country associated to the Programme, the national agencies designated for the management of the actions referred to in Chapter III of Regulation (EU) 2021/817 in their respective countries shall also act as national agencies in the framework of the Programme. Article 27(1) and (2) and (4) to (8) of Regulation (EU) 2021/817 shall apply mutatis mutandis to the national agencies under the Programme. 2. Without prejudice to Article 27(2) of Regulation (EU) 2021/817, the national agency shall also be responsible for managing all stages of the project lifecycle of those Programme actions listed in the implementing acts referred to in Article 19 of this Regulation, in accordance with point (c) of the first subparagraph of Article 62(1) of the Financial Regulation. 3. Where a national agency has not been designated for a third country as referred to in Article 13(1) of this Regulation, it shall be established in accordance with Article 27 of Regulation (EU) 2021/817.
European Commission
1. The rules applying to the relationship between the Commission and a national agency shall be laid down, in accordance with Article 27 of Regulation (EU) 2021/817, in a written document which shall: (a) set out the internal control standards for the national agency concerned and the rules for the management of the Union funds for grant support by the national agencies; (b) include the national agency work programme comprising the management tasks of the national agency to which Union support is provided; and (c) specify the reporting requirements for the national agency. 2. Each year, the Commission shall make the following funds available to the national agency: (a) funds for grant support in the Member State or third country associated to the Programme concerned for Programme actions the management of which is entrusted to the national agency; (b) a financial contribution in support of the national agency’s management tasks, which shall be established in accordance with the arrangements set out in point (b) of Article 28(3) of Regulation (EU) 2021/817. 3. The Commission shall lay down the requirements for the national agency’s work programme. The Commission shall not make Programme funds available to the national agency before having formally approved the national agency’s work programme. 4. On the basis of the compliance requirements for national agencies referred to in Article 26(3) of Regulation (EU) 2021/817, the Commission shall review the national management and control systems, the national agency’s yearly management declaration and the opinion of the independent audit body thereon, taking due account of the information provided by the national authority on its monitoring and supervision activities with regard to the Programme. 5. After assessing the yearly management declaration and the opinion of the independent audit body thereon, the Commission shall address its opinion and observations to the national agency and the national authority. 6. In the event that the Commission cannot accept the yearly management declaration or the independent audit opinion thereon, or in the event of unsatisfactory implementation by the national agency of the Commission’s observations, the Commission may implement any precautionary and corrective measures necessary to safeguard the Union’s financial interests in accordance with point (c) of the first subparagraph of Article 131(3) of the Financial Regulation.
Independent audit body
1. The independent audit body shall issue an audit opinion on the yearly management declaration as referred to in point (c) of Article 155(1) of the Financial Regulation. It shall form the basis of the overall assurance pursuant to Article 127 of the Financial Regulation. 2. The independent audit body shall: (a) have the necessary professional competence to carry out public sector audits; (b) ensure that its audits take account of internationally accepted audit standards; and (c) not be in a position of conflict of interest with regard to the legal entity of which the national agency forms part and shall be independent, in terms of its functions, of the legal entity of which the national agency forms part. 3. The independent audit body shall give the Commission and its representatives and the Court of Auditors full access to all documents and reports in support of the audit opinion that it issues on the national agency’s yearly management declaration.
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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.