Anti-corruption procedures applied within the European funds---
Information on the anti-corruption procedures applied in the individual programmes delivered within the European funds.
The initiatives delivered within Action 2.3 of the Operational Programme Human Capital are of systemic or contest nature. The systemic projects are delivered by the institutions subordinated to the minister of health or directly supervised by the minister.
In most cases, these are the entities from the public finance sector, including state budgetary units, which translates into significant decrease of the opportunity of corruption occurrence. The contractors of the contest projects are high schools – for the most non-public. Particular risk of misuse of public positions to obtain private benefits occurs within the implementation and control processes.
Pursuing to eliminate corruption, in particular with a view to the persons employed at the positions of project manager or controller, the following procedures have been adopted:
- four eyes principle, which according to the instructions to the executive processes of the Implementing Body (Second Degree Intermediate Body), applies to all processes carried-out in the Implementing Body Division competent for Operational Programme Human Capital;
- two-men principle (at least two persons in each audit team) for the audits in the seat of the beneficiaries delivered within Action 2.3 of the Operational Programme Human Capital and on-site controls – so called monitoring visits;
- principle of excluding the opportunity of controlling the project delivery by the persons verifying the applications for payment from the financial and content-related perspective – in this way different person approve the expenditures at the stage of application for payment verification at the seat of the European Funds Department of the Ministry of Health and the other persons verify the correctness of payments during the audit performed at the beneficiary’s seat; applications for payment are the basic reporting and settlement documents provided to the abovementioned Department by the beneficiaries;
- principle of individual project assessment at the stage of application for co-financing verification by the Team composed of 5 persons, provided that the representatives of the Ministry of Labour and Social Policy acting as the Intermediate Body for the European Funds Department of the Ministry of Health within Action 2.3 participate in the works of the Team.
Increased corruption risk is also related to the control process of the Priority XII implementation. With regard to the above, the Intermediate Body of the Operational Programme Infrastructure and Environment puts particular emphasize on complying with the principle of at least two people working in the same team responsible for systemic controls as well as the on-site controls of the projects implemented by the beneficiaries. Particular focus is put on the control of procedures for entering into agreements between the beneficiaries and the contractors. Each controller participating in the public procurement contract awarding proceeding is obliged to submit declaration of impartiality to be enclosed to the control documentation. This practice guarantees that the proceedings for public procurement contract awarding are verified by the persons not remaining in any conflict of interests with the controlled unit. It also secures the controlling body against the charges of issuing arbitrary and biased decisions, frequently consisting in financial corrections (in many cases of high absolute value) on the public procurement contracts awarded by the controlled units.
Delivery of tasks within the Annual Action Plan of Technical Assistance for the Operational Programme Human Capital and the Annual Action Plan of Technical Assistance for the Operational Programme Infrastructure and Environment, aiming at supporting the implementation of the Operational Programme Human Capital and Operational Programme Infrastructure and Environment as well as of tasks relatd to managing programmes financed from the Financial Mechanism of the European Economic Area and of the Norwegian Financial Mechanism and of the Technical Assistance Fund of the Swiss-Polish Cooperation Programme – due to its specific nature – may pose a risk of corruption. To prevent this, concluding and performance of any and all payable contracts between the Employer and the Contractor, subject-matter of which are the services or supplies, are performed under the Act of 29 January, 2004 – Public Procurement Law (Journal of Laws of 2013, item 907, as amended), Act of 27 August, 2009 on public finance (Journal of Laws of 2013, item 885, as amended), valid instructions or guidelines and internal provisions. In the case of public procurement contracts, to which the Act of 29 January, 2004 – Public Procurement Law applied, pursuant to legislation, the tasks in this scope are performed by the tender committee on behalf of the head of the unit, whereas so called sub-threshold purchases (of a value not exceeding EUR 14 thousand) are delivered by the employees competent for the given Action/Actions Plan based on the principles provided for in the procedures and internal ordinances of the minister of health and referring to the rules of proceeding for procurement contracts below EUR 14 thousand (Ordinance no. 11 of the Director General of the Ministry of Health of 22 June, 2010 on the rules of proceeding for procurement contracts, value of which does not exceed the equivalent of EUR 14 thousand expressed in PLN, as amended).
Due to the fact that the employees at certain specialist positions participate in determining of estimated value of the procurement contract, deliver or participate in the delivery of the purchases of supplies and services not exceeding the equivalent of EUR 14 thousand, prepare or participate in preparation of Detailed description of the object of the contract, to avoid both subjective selection of the contractor and describing the object of the contract in a manner, which would hinder fair competition at the stage of commencement of the public procurement contract awarding proceeding – descriptions of the positions of such employees contain information on the corruption risk. The procedure of selecting the contractor is based on transparency and publicity principles (e.g. by publishing an announcement on the official website, specifying the contractor selection criteria) and fair competition principle (inviting for procurement contract delivery of the possibly widest group of the potential contractors).
In addition, pursuant to programming documents, all tasks within the Technical Assistance are implemented based on so called ‚four eyes principle’. This means that these are performed or verified by at least two persons – approval is made by signing relevant documents by at least two persons.
Within the Technical Assistance for the Operational Programme Infrastructure and Environment, ad-hoc controls of the Annual Action Plans implemented by the Second Degree Intermediate Body are performed. When delivering these tasks, the procedures provided for in the Implementing Instruction require complying of the four eyes principle for each control team. In addition, shall the necessity of employing the external experts arise, such experts are obliged to sign declaration of impartiality.