In accordance with Article 125 of Regulation (UE) n. 1303/2013
1. The Managing Authority shall be responsible for managing the operational programme in accordance with the principle of sound financial management;
2. As regards the management of the operational programme, the managing authority shall:
a. assist the monitoring committee referred to in Article 47 and provide it with the information necessary to carry out its tasks, in particular data on the progress of the operational programme towards achieving its objectives, financial data and data on intermediate indicators and targets;
b. prepare and submit to the Commission, after approval by the Monitoring Committee, the annual and final implementation reports referred to in Article 50;
c. make available to intermediate bodies and beneficiaries information relevant to the performance of their tasks and the implementation of operations respectively;
d. set up a system for recording and storing in computerised form data relating to each operation which are necessary for monitoring, evaluation, financial management, audit and verification, including data on individual participants in operations, where appropriate;
e. ensure that the data referred to in point (d) are collected, entered and stored in the system referred to in point (d) and that data on indicators are broken down by sex, where required by Annexes I and II to the ESF Regulation.
3. As regards the selection of operations, the managing authority:
a. develops and, after approval, apply appropriate selection procedures and criteria which:
i. ensure that the operations contribute to the achievement of the objectives and specific results of the relevant priority;
ii. are non-discriminatory and transparent;
iii. take into account the general principles set out in Articles 7 and 8;
b. ensures that the operation selected falls within the scope of the fund or funds concerned and can be allocated to a category of operation or, in the case of the EMFF, a measure identified in the priority or priorities of the operational programme;
c. ensures that a document is provided to the beneficiary setting out the conditions for support for each operation, including specific requirements concerning the products or services to be provided under the operation, the financial plan and the deadline for implementation;
d. ensures that the beneficiary has the administrative, financial and operational capacity to fulfil the conditions set out in point c) prior to the approval of the operation;
e. ensures that, where the operation started before an application for funding was submitted to the managing authority, the applicable law applicable to the operation has been complied with;
f. ensures that the operations selected for support from the funds do not include activities which were part of an operation which has been or should have been subject to a recovery procedure under Article 71, following the relocation of a productive activity outside the area covered by the programme;
g. establishes the categories of operation or, in the case of the EMFF, the measures to which the expenditure related to a specific operation is allocated.
4. As regards the financial management and control of the operational programme, the managing authority:
a. verifies that the co-financed products and services have been delivered, that the beneficiaries have paid for the expenditure declared and that it complies with the applicable law, the operational programme and the conditions for supporting the operation;
b. ensures that beneficiaries involved in the implementation of operations reimbursed on the basis of eligible costs actually incurred maintain either a separate accounting system or an adequate accounting code for all transactions relating to an operation;
c. establishes effective and proportionate anti-fraud measures, taking into account the risks identified;
d. establishes procedures to ensure that all documents regarding expenditure and audits required to ensure a sufficient audit trail are held in accordance with the requirements of Article 72 g);
e. prepares the management declaration of assurance and the annual summary referred to in Article 59(5)(a) and (b) of the Financial Regulation.
By way of derogation from point (a) of the first subparagraph, the ETC Regulation may lay down specific rules on verification applicable to cooperation programmes.
5. Verifications pursuant to point (a) of the first subparagraph of paragraph 4 shall include the following procedures:
a. administrative checks on each application for reimbursement submitted by beneficiaries;
b. on-the-spot verifications of operations.
The frequency and extent of on-the-spot verifications shall be proportionate to the amount of public support for an operation and the level of risk identified by those verifications and by the audits carried out by the audit authority for the management and control system as a whole.
6. On-the-spot verifications of individual transactions pursuant to point (b) of the first subparagraph of paragraph 5 may be carried out on a sample basis.
7. Where the managing authority is also a beneficiary under the operational programme, the arrangements for the verifications referred to in point (a) of the first subparagraph of paragraph 4 shall ensure an adequate separation of functions.
8. The Commission shall be empowered to adopt delegated acts in accordance with Article 149 concerning the rules concerning the information to be recorded and stored in electronic form as part of a monitoring system set up in accordance with paragraph 2(d) of this Article.
9. The Commission shall adopt delegated acts laying down the technical specifications of the system established in accordance with paragraph 2(d) of this Article. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 150(3).
The Commission shall be empowered to adopt delegated acts in accordance with Article 149 laying down detailed minimum requirements for the audit trail referred to in point (d) of the first subparagraph of paragraph 4 of this Article concerning the accounting records to be maintained and supporting documents to be kept at the level of the certifying authority, managing authority, intermediate bodies and beneficiaries.
10. In order to ensure uniform conditions for the implementation of this Article, the Commission shall adopt implementing acts as regards the model for the management declaration referred to in point (e) of the first subparagraph of paragraph 4 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 150(2).