REGULATIONS OF THE CALL OF APPLICATIONS FOR THE SUBSIDY

 ARTICLE 32 PLANNING & DEVELOPMENT REGULATIONS 2001 TO
 CORRECTIONS REGULATIONS 1998 SR NO 521998 SCHEDULE 2
COMPARATIVE STUDY OF LAWS AND REGULATIONS GOVERNING CHARITABLE

REFORM OF CONSUMER LAW DRAFT REGULATIONS PROFORMA FOR
REPORT OF A BREACH OF THE EXAMINATION REGULATIONS
RULES AND REGULATIONS 1 GENERAL PROFESSIONAL

REGULAMIN KONKURSU


REGULATIONS OF THE CALL





of applications for the subsidy

of bilateral partnership projects

from the funds of

The Bilateral Cooperation Fund at the level of Operating Programme PL04 entitled: "Saving energy and promoting renewable energy sources"

under the Norwegian Financial Mechanism 2009-2014













REGULATIONS OF THE CALL OF APPLICATIONS FOR THE SUBSIDY REGULATIONS OF THE CALL OF APPLICATIONS FOR THE SUBSIDY









Warsaw 2015


Chapter I

General provisions


§ 1


  1. The regulations of the call for applications, hereinafter referred to as the "Regulations" shall apply to bilateral partnership applications submitted under the Bilateral Cooperation Fund at the level of Operating Programme PL04 entitled: "Saving energy and promoting renewable energy sources".

  2. The principles of using the funds of the Bilateral Cooperation Fund at the level of the programme are determined by the Contract on the Programme PL04 entitled: "Saving of energy and promoting renewable energy sources", along with appendices, of 17.12.2014 between the Committee of the Financial Mechanism of the European Economic Area and the Ministry of Regional Development with later amendments, and the Bilateral Cooperation Fund for the Operational Programme pl04, approved on 29.08.2014 by the Committee of the Financial Mechanism of the European Economic Area.

  3. Implementation of the Programme referred to in passage 1 is the responsibility of the Programme Operator, namely, pursuant to the Memorandum of Understanding of the FM EEA implementation for 2009-2014, the Minister of the Environment with the help of the National Fund for Environmental Protection and Water Management (NFOŚiGW).

  4. The project evaluation criteria are approved by the Programme Operator after consulting with the Steering Committee of the Bilateral Cooperation Fund at the level of Programme PL04.

  5. The Contract on the Programme PL04"Saving energy and promoting renewable energy sources" along with appendices constitutes an Appendix no. 1 to the Regulations. The strategy of the Bilateral Cooperation Fund for the Operational Programme PL04 constitutes an Appendix no. 2 to the Regulations. Formal and substantive evaluation cards constitute Appendices no. 3a and 3b to the Regulations.


§ 2


  1. The Regulations specify the way of examining the applications from the moment of their receipt by the National Fund for Environmental Protection and Water Management, until the conclusion of the contract.

  2. The application form and other letters should be submitted in the Office of the National Fund for Environmental Protection and Water Management in the working hours, 8 a.m. - 3 p.m. In the case of applications sent via a postal operator or by a courier, the date of the receipt of the application is valid.


  1. The costs incurred under the project following the submission of the application but before the day of issuing the decision about being awarded the subsidy will be financed provided that the subsidy is granted to the project.



§ 3


Any cases not regulated by these Regulations shall be governed by the Regulations on the implementation of the Norwegian Financial Mechanism 2009-2014 and the Guidelines of the Programme Operator, Financial Mechanism Committee, Ministry of Infrastructure and Development.




§ 4


The bilateral partnership applications are accepted until 30 September 2015 on the basis of the call for applications, published not later than 5 calendar days before the commencement of accepting the applications, at www.nfosigw.gov.pl and www.mos.gov.pl. In the case when the funds are not entirely used, it is possible to shift the final date of accepting the applications or announce another date of a call for applications. The call for applications shall indicate dates and general terms and conditions of accepting the applications.


§ 5


The Regulations are available at the websites www.nfosigw.gov.pl and www.mos.gov.pl/eog.


Chapter II

Time of examining the application


§ 6


  1. If no supplements need to be submitted by the applicant, the formal evaluation of the application shall be completed within 5 working days from the date of registration of its receipt by the Office of the National Fund for Environmental Protection and Water Management.

  2. If the National Fund for Environmental Protection and Water Management observes a need of supplementation of the submitted application, the applicant shall submit the supplements to NFOŚIGW within 5 working days from the date of receiving the request for supplementation, however, not later than within 5 days from sending the request.

  3. Formal evaluation of the application that needs to be supplemented shall be concluded within 3 business days from the date of registration the receipt of supplements to the Office of the National Fund for Environmental Protection and Water Management.

  4. If there is a need of supplementing/explaining during the evaluation according to substantive criteria, the applicant shall submit the supplementation/explanation within 5 working days from the date of receiving the request for supplementation from the National Fund for Environmental Protection and Water Management, however, not later than within 5 days from sending the request.

  5. The substantive evaluation for the application that needs supplementing/explaining shall be completed within 15 days from the final date of formal evaluation.

6. Verification/approval of the evaluation result by the Programme Partner - Norwegian Water Resources and Energy Directorate (NVE) will be conducted within 15 days from the final date of substantive evaluation.


Chapter III

Submission of applications


§ 7


  1. Applications should be submitted in writing, and in the electronic version, according to the requirements set out in the call for applications, on the form applicable to bilateral project applications, available on the websites www.nfosigw.gov.pl and www.mos.gov.pl/eog.

  2. Applications should be submitted within the time limit set out in the call for applications referred to in § 4.

  3. The application submitted beyond the announced time limit of accepting the applications shall be left without examination, which the applicant is informed about in writing.



Chapter IV

Evaluation according to formal criteria


§ 8


  1. The formal evaluation of the application shall be conducted on the basis of the formal criteria.

  2. Evaluation of the application according to formal criteria is conducted by an employee of a relevant unit of the National Fund for Environmental Protection and Water Management, in accordance with the formal criteria, subject to the provisions referred to in § 7, passage 3.

  3. Under the evaluation of the application according to the formal criteria, the verification of fulfillment or failure to fulfill a given criterion is made (the so-called zero-one evaluation).

  4. If even one formal criterion is not met, and the application is insofar possible to be improved or supplemented, the National Fund for Environmental Protection and Water Management calls upon the applicant via electronic mail and by facsimile (with confirmation of sending) to supplement it or to present explanations. The condition of a positive evaluation based on the formal criteria is the fulfillment of all the formal criteria by the application. If after the supplementation of the application under the procedure mentioned in passage 4 even one formal criterion is not met, the project gets rejected.

  5. Within 7 days from the completion of evaluation according to the formal criteria, the applicant is notified on the acceptance of application for evaluation according to the substantive criteria or on the rejection of the application along with the specification of the reason of rejection.

  6. The competition is not subject to the Guidelines of the Minister of Regional Development on procedures of the selection of competition projects under the EEA Financial Mechanism for 2009-2014, and the Norwegian Financial Mechanism for 2009-2014, including The appeal procedure described in the aforementioned Guidelines.



Chapter V

Evaluation according to the substantive criteria


§ 9


  1. The condition for accepting an application to the stage of substantive evaluation is obtaining a positive evaluation of the application according to the formal criteria.

  2. The substantive evaluation of the application shall be conducted on the basis of the substantive criteria.

  3. The evaluation of the application according to the substantive criteria is conducted by the substantively relevant units of the National Fund for Environmental Protection and Water Management.

  4. The evaluation according to the substantive criteria involves giving points and it is conducted by independent and unbiased experts from the National Fund for Environmental Protection and Water Management who evaluate the project in accordance with the substantive criteria.

  5. If even one substantive criterion is not met, and the application is insofar possible to be improved, the National Fund for Environmental Protection and Water Management calls upon the applicant via electronic mail and by facsimile (with confirmation of sending) to supplement it or to present explanations. The request determines criteria which have not been met and contains a detailed indication of the scope of inconsistencies.

  6. The condition of a positive evaluation based on the substantive criteria is the fulfillment of all the substantive criteria and obtaining minimum 1 point for each of the evaluated criteria by the application. If after the supplementation of the application under the procedure mentioned in passage 5 even one substantive criterion is not met (the application has obtained 0 points for a given criterion), the project gets rejected.

  7. The substantively evaluated applications are then submitted in the shortened form (description and budget of the project in English) to the Norwegian Programme Partner – the Norwegian Water Resources and Energy Directorate (NVE) for the verification/acceptance of the evaluation result.

  8. The applicant is informed in writing about the result of the substantive evaluation of the application within 7 days after the completion of verification/acceptance of the evaluation result by the Norwegian Programme Partner – (NVE).


Chapter VI

Application evaluation card


§ 11


  1. The result of the application evaluation according to the formal and substantive criteria is put into evaluation cards.

  2. The fulfilled evaluation cards of an application are signed by the evaluating persons and accepted by the manager of the ecological unit of the National Fund for Environmental Protection and Water Management, in which the evaluating of applications is conducted.



Chapter VII

List of projects recommended for the subsidy


§ 12


  1. The applications evaluated positively according to the formal and substantive criteria, the substantive evaluation of which has been positively verified by the Norwegian Programme Partner – NVE, are placed on the list of projects recommended for the subsidy.

  2. The list of projects recommended for the subsidy along with the available allocation is published on the websites of the National Fund for Environmental Protection and Water Management and the Ministry of the Environment within 7 days from the date of making the decision on subsidizing by the Steering Committee of the Bilateral Cooperation Fund for the Programme PL04.



Chapter VIII

Decision on subsidizing


§ 13


  1. The decision on granting the subsidy for bilateral projects submitted in partnership with Norwegian entities and implemented under the Bilateral Cooperation Fund at the level of Programme PL04 is made by the Operator (Minister of the Environment) after prior recommendation by the Steering Committee of the Bilateral Cooperation Fund for the Programme PL04.

  2. Within 7 working days from the completion and verification of the substantive evaluation of the applications by the Norwegian Programme Partner - NVE, the National Fund for Environmental Protection and Water Management shall notify the applicants about positive and negative results of the evaluation.

  3. The subsidies are granted to projects, which have been submitted in due time, whose substantive evaluation ended with positive results and has been positively verified by the Norwegian Programme Partner – NVE, and the application received the highest score among the positively evaluated applications.

  4. The project which have been evaluated positively, but has not obtained the subsidy due to the insufficient amount of allocations, may receive financial support if any free funds occur.

  5. In the case of occurrence of any free funds, they are allocated in the first place to the project that has received an incomplete subsidy- up to the full amount of the subsidy applied for, about which the applicant s informed in writing.



Chapter IX

Entering into the agreement


§ 14


  1. For the bilateral partnership projects which obtained positive decisions on subsidizing, the National Fund for Environmental Protection and Water Management prepares contracts on the Project implementation in the Polish language, in which the value of the subsidy is expressed in the domestic currency, PLN.

  2. The application for the subsidy, possibly updated because of the evaluation process or a shift of the date of commencing the implementation after being accepted by the National Fund for Environmental Protection and Water Management, constitutes an appendix to the contract on Of the Project.

  3. The partnership contract between a beneficiary of the bilateral partnership project and a Norwegian entity – the project partner, constitutes an appendix to the contract on Of the Project.

  4. The obligation of the Programme Operator arises on the day of concluding a written contract mentioned in passage 1, setting the conditions of the subsidy for the bilateral partnership Project and the rights and obligations of the parties.


Chapter X

Final provisions


§ 15


Any doubts related to the interpretation of the provisions of the regulations are solved by the Programme Operator.


§ 16


The submission of the application under the Bilateral Cooperation Fund at the level of Operating Programme PL04 entitled: ‘Saving energy and promoting renewable energy sources’, means the approval of the provisions of these Regulations and the documents mentioned therein.


§ 17


  1. The dates of examining applications by the National Fund for Environmental Protection and Water Management indicated in the Regulations are of instructional character, unless the Regulation applies specific sanctions to them.

  2. The Applicant shall be obliged to notify the National Fund for Environmental Protection and Water Management immediately about any change in the address data; if they do not do that, the delivery of letters by the National Fund for Environmental Protection and Water Management to the so far known applicant's address shall be considered effective.



§ 18


  1. In justified cases, the Programme Operator can change the provisions of these Regulations in consultation with the Norwegian Programme Partner - NVE. These changes do not apply to the applications which at the time of announcing the changes in the Regulations have already been submitted to the National Fund for Environmental Protection and Water Management, in the current time of accepting applications.

  2. Notwithstanding the provisions of passage 1, the Programme Operator reserves the right to change the provisions of these Regulations together with any appendices in the case of changes in the binding law.






Appendices to the Regulations:


  1. Contract on the Programme PL04 entitled: "Saving of energy and promoting renewable energy sources".

  2. The strategy of the Bilateral Cooperation Fund for the Operational Programme PL04, approved on 29.08.2014 by FMC.

3a. Formal evaluation card.

3b. Substantive evaluation card.


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