Instruction no. 170/17.08.2020 – AM/O support actions for projects during the application of measures to prevent the spread of the new type of coronovirus.
Considering the provisions of Government Decision no. 477/2020 on the organization and operation of the Ministry of Public Works, Development and Administration;
Taking into account the provisions of art. 1 paragraph 4 lit. a) from HG no. 399/2015 regarding the eligibility rules for expenses carried out within the operations financed by the European Regional Development Fund, the European Social Fund and the Cohesion Fund 2014-2020, with subsequent amendments and additions, according to which "the financing contract is a legal act subject to the rules of public law, with onerous title for the beneficiary, of adhesion, commutative and synalagmatic by which the correlative rights and obligations of the parties are established in order to implement the operations",
Taking into account Government Decision no. 394 of May 18, 2020, regarding the declaration of the state of alert and the measures that apply during it to prevent and combat the effects of the COVID-19 pandemic, as well as Government Decision no. 668 of August 14, 2020, regarding the extension of the state of alert on the territory of Romania starting from August 16, 2020, as well as establishing the measures that are applied during it to prevent and combat the effects of the COVID-19 pandemic,
By virtue of the provisions of the Government Emergency Ordinance no. 70/2020, regarding the regulation of some measures, starting from May 15, 2020, in the context of the epidemiological situation determined by the spread of the SARS-CoV-2 coronavirus, for the extension of some deadlines, for the amendment and completion of Law no. 227/2015 regarding the Fiscal Code, of the National Education Law no. 1/2011, as well as other normative acts, with subsequent amendments, in the context of the need to apply measures to protect the health of personnel involved in the management of financing contracts, in particular by avoiding direct contact between people and with documents submitted in the implementation process of projects and need to be processed, taking into account the current situation of the projects under implementation, for which the related activities must be continued appropriately, in order to meet the objectives/indicators,
considering the fact that currently a flow related to the Additional Acts is implemented within the Contracting Module of the Single Information Management System (SMIS), taking into account the provisions of art. 7-B, para. (1), 7-A (10) and art. 16, para. (1) from the Financing Agreements - General Conditions:
Art. 7-B (1) AM/OI has the obligation to inform the Beneficiary, in due time, about any decision taken that may affect the implementation of the Project.
Art. 7-A (10) The Beneficiary is obliged to add all the documents and complete the data for which he is responsible, updating accordingly, whenever necessary, in MYSMIS 2014+,
Art, 16 (1) All correspondence related to this Financing Agreement shall be made in writing, including by electronic means, including SMIS 2014+, mentioning the title of the Project, as well as the SMIS2014+ code and will bear a registration number, both from Beneficiary, as well as from AM/OI, taking into account the provisions of art. 8, para. (3) of the Financing Agreements - Annex 1 - Specific conditions, Section I - Specific conditions applicable to the Regional Operational Program 2014-2020: The extension of the project implementation period cannot be carried out in any case after its expiration, art. 3 paragraph (3) Financing contracts - Annex 1 - Specific conditions, Section I - Specific conditions applicable to the Regional Operational Program 2014-2020: The beneficiary is obliged to comply with the instructions issued by the AM, art. 4 – A, para. (1), letters a) and k) of the Financing Agreements - Annex 1 - Specific conditions, Section I - Specific conditions applicable to the Regional Operational Program 2014-2020:
a) The IO has the obligation to inform the Beneficiary about any decision taken and which may affect the implementation of the Project, within 5 (five) working days from the issuance of the respective decision or from the knowledge of a decision of the MA,
k) The IO has the obligation to permanently update in SMIS the changes made to the Financing Contract, including the changes made by notification,
AMPOR issues the following
I. The provisions of Article I of AMPOR Instruction no. 142/18.03.2020 are also applicable to projects that are completed during September 2020 and for which requests for the conclusion of additional extension documents have been initiated/are being initiated in MYSMIS, until the end of the implementation period.
Thus, MLPDA's agreement to extend the implementation period of these projects is considered given by the issuance of this Instruction, with the duration requested by the beneficiaries, but within the limit provided by the Program – 31.12.2023 and the applicable PI related to the project in question.
They are subject to the application of art. I of this Instruction, requests that comply with the above conditions and for which the additional act of extending the duration initiated in MYSMIS was not signed.
II. For the situations that fall under the provisions of art. I, the sections/appendices of the contracts will be unlocked in MYSMIS for modification by the Beneficiary after verification of compliance with the above-mentioned limits by the IO, and the final archive will be generated afterwards.
Once it is generated and the flow related to the request for an additional Act is closed, the IO will upload in MYSMIS a Note signed by the Head of the IO or his substitute that will confirm the inclusion of the project in the provisions of art. I of this Instruction and will mention the new implementation period.
Thus, for these projects, the Additional Act section of MYSMIS will include the mentioned Note and the new version of the funding request in the final archive.
The requested modification according to art. It operates from the date of signing the Note by the Head of the OI or his substitute.
Until 05.10.2020, the IOs will inform AMPOR-DMP (the regional officer), by e-mail, about those projects whose implementation period has been extended in accordance with the provisions of art. I of this Instruction.
III. This Instruction enters into force on the date of publication on the website www.inforegio.ro.