For Internal Security Fund: Preparing Public Procurement in the Transition from EBF to ISF
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1 For Internal Security Fund: Preparing Public Procurement in the Transition from EBF to ISF 16 th 17 th June 2014, Berlin With focus on: New EU Procurement Rules Lessons learnt from EBF : Avoid Most Common Procurement Mistakes Planning Public Procurement Ensuring Adequate Verification of Procurement under ISF Brochure 1
2 FOR INTERNAL SECURITY FUND Preparing Public Procurement in the Transition from EBF to ISF Compliance with EU public procurement rules will be one of the biggest challenges for ISF authorities and projects As part of the EU s Home Affairs and Internal Security programme, the use of the new Internal Security Fund (ISF), which incorporates the former EBF, ISEC and CIPS funds, does not only have to comply with the specific rules of the Home Affairs and Internal Security programme and those of the ISF in particular but also with the general EU regulations on public procurement. These have undergone extensive reform in The ISF will have a budget of 4,64 billion from , and will include new large scale IT systems to be procured in order to increase the efficiency of the work done under this fund. It is the obligation of the designated authorities Responsible Authority (RA), Delegated Authority (DA), Audit Authority (AA) to supervise, monitor and control public procurement under the ISF. It plays an essential role in ex-ante controls, eligibility of expenditure, calls for proposals and tendering. Key questions arise when it comes to awarding of contracts, project evaluation and selection. Moreover, compliance with public procurement is an essential part of ISF audit visits of the European Court of Auditors and the European Commission. Furthermore, public procurement rules notably concern beneficiaries of ISF funding in the context of applying for tenders as bidders as well as implementing the public procurement. Authorities and beneficiaries need to be acquainted with obligations such as documentation, payments and declaration of expenditure or audits and financial controls. Who is this seminar for? Responsible, Audit and Delegated Authorities responsible for the Internal Security Fund (ISF) Beneficiaries of ISF funding Such as: Ministry of Interior/Internal Administration Ministry of Home Security Ministry of Migration Ministry of Refugees, Immigration & Integration Affairs Ministry of Justice Ministry of Foreign Affairs Ministry of Finance Ministry of Economics Office of the Prime Minister National Police Forces Immigration Agencies Border Security Agencies Border Control Forces Cyber Crime Centres Migration offices from national, regional and local authorities However, the correct application of procurement law causes the involved authorities countless difficulties, as this field of law is very complicated and both national and EU procurement legislation have to be respected. As audits of the European Court of Auditors and controls have shown many errors in the implementation of the ( ) EBF derive from non-compliance with public procurement rules. Manage the ISF in accordance with the law and avoid reimbursements and financial consequences for your Member State When errors and irregularities in public procurement are identified, corrections have to be made. If an irregularity resulted in an unduly payment to the beneficiary that cannot be recovered and if this loss was caused by a fault or negligence of the authority, the Member State is obligated to reimburse the amounts lost to the general budget of the EU. Therefore, there are huge financial costs at stake for Member States if public procurement law requirements are not met. To avoid this, all authorities involved in implementing the new ISF funding and their staff need to be familiar with EU public procurement rules and their specific challenges in the Internal Security Fund. From Departments responsible for: Internal Security Fund (ISF) EU Funding/EU Aid Management International and European Union Co-Operation/European Affairs International Projects Border Security and Border Control Migration and Border Policy Schengen Issues Audit Finance/Budget Financial Crime Unit Programme Implementation/ Coordination Specialised Consultancies Certified Public Accountants and Public Auditors working with the Internal Security Fund (ISF) 2
3 What will you learn at this seminar? How to prepare for procurement challenges under the new regulations? How do you have to deal with irregularities related to public procurement? Which requirements do you need to meet in monitoring the entire procurement procedure? How to avoid the most common procurement mistakes in ISF? How can you check whether the beneficiary acted according to public procurement rules? What does the new EU public procurement law say in detail and what does it require from you as an ISF authority or as a beneficiary of ISF funding? What do you need to be aware of in the planning process of public procurements? What should be taken into account regarding bidder qualification, technical specification and publication? Your benefits Improve your preparations for the new programming period Avoid errors, irregularities and finally reimbursements before new projects start Prevent financial consequences for your institution Know in which parts of ISF funds management and control you need to pay special attention to the compliance with public procurement law Learn both how to implement public procurement and how to monitor the entire procurement process from planning, via evaluation and contracting to audit and control of ISF projects Boost you knowledge on coming new EU public procurement directives and their most important impacts on your daily work Discuss your questions with our experts and European colleagues from other ISF authorities How can you best make use of checklists for preparation and documentation of public procurement? It was very useful and very well-organized, I m satisfied with the seminar. Viktoria Todorova, Expert, Ministry of Interior, Bulgaria 3
4 PROGRAMME DAY 1 Preparing Public Procurement in the Transition from EBF to ISF Registration and Handout of Seminar Material Opening Remarks from the European Academy for Taxes, Economics & Law Welcome Note from the Chair Spyros Panagopoulos, Expert on EU and Public Economic Law and Chief Legal Counsel of the Hellenic Single Public Procurement Authority, Greece New EU Public Procurement Directive What Will Change for Contracting Authorities? New rules for the procurement of goods, services and works by the public sector Increased flexibility Sound procedures Fight against corruption Better access for SMEs Strategic procurement Spyros Panagopoulos, Expert on EU and Public Economic Law and Chief Legal Counsel of the Hellenic Single Public Procurement Authority, Greece Discussion Round Coffee Break and Networking Opportunity How to Avoid Common Procurement Mistakes in ISF: Lessons Learnt From EBF The origin of irregularities Typical public procurement mistakes Case by case analysis Tips: How to avoid common mistakes in a new perspective Christopher Magri, Director, Funds and Programmes Division, ISF Responsible Authority, Ministry for European Affairs and Implementation of the Electoral Manifesto, Malta Discussion Round Lunch Break and Networking Opportunity SPYROS PANAGOPOULOS Spyros Panagopoulos, Expert on EU and Public Economic Law and Chief Legal Counsel of the Hellenic Single Public Procurement Authority, Greece Spyros Panagopoulos is a lawyer, licensed to the Greek Supreme Court and Council of State and holds the position of Chief Legal Counsel of the Hellenic Single Public Procurement Authority (HSPPA). The Chief Legal Counsel reports directly to the President of the Authority and represents the HSPPA before national and international courts. In his capacity as a public procurement & PPPs legal professional, Spyros Panagopoulos has participated in a series of EU technical assistance, institution building and legislative reform projects in the CEE and SEE regions, aiming at transposing the acquis communautaire and the European best practices in the fields of public procurement, PPPs and concessions law to the beneficiary countries. Moreover, he has published articles in legal periodicals in the fields of European public procurement, concessions and PPP law and has participated as lecturer in numerous conferences and training seminars. Spyros Panagopoulos is a member of the Greek PPP Secretariat Experts team, the UNECE roster of PPP experts, Thessaloniki Bar Association, the Greek Association of European Law, the Society of Construction and Technology Law, the Association of the German-speaking Lawyers of Northern Greece and the Alumni of the German School of Thessaloniki, whereas he was also a member of the editing team of the legal periodical Public Procurement, State Aid and Market and a country correspondent for the Public Procurement & PPP Law Review. CHRISTOPHER MAGRI Director, Funds and Programmes Division, ISF Responsible Authority, Ministry for European Affairs and Implementation of the Electoral Manifesto, Malta Christopher Magri works as Director (Funds) within the Funds and Programmes Division where his Directorate s role includes the tasks of the Responsible Authority for the Internal Security Fund, the National Authority for the Lifelong Learning and Youth in Action Programmes, the Competent Authority for the Agricultural Funds and the Managing Authority for the European Fisheries Fund. Christopher Magri joined the public service of Malta in 1986, and has gained experience in various areas including the management of EU Funds as well as intelligence, corporate governance, internal control, risk management, business, strategic and financial analysis. 4
5 Public Procurement for ISF The Planning Process Requirements and advice for preparation and documentation of public procurement Creation of a tender Defining award criteria Social and environmental aspects Bidder qualification Technical specifications Publication (national and international), e-procurement Examples for grids and checklists Prof. Dr Ralf von Ameln, Member of the External Speaker s Team of the European Commission, Lawyer and EU Public Procurement Expert Discussion Round Coffee Break and Networking Opportunity Workshop PROF. DR RALF VON AMELN Member of the External Speaker s Team of the European Commission, Lawyer and EU Public Procurement Expert Prof. Dr Ralf von Ameln is Member of the European Commission s Speaker s Team and works furthermore as representative for different institutions on the European level in Brussels. During his career Prof. Dr von Ameln gained experience in different legal aspects at the EU level. He has more than 20 years of experience in public procurement and monitors the newest developments on the EU level including the related decisions of the European Court of Justice. Moreover, Prof. Dr von Ameln is an expert for the European Commission in different third countries and accession countries. He studied Law and was appointed an honorary professorship for European law from the European University Viadrina Frankfurt (Oder) in Germany How Can it Go Wrong? Avoiding Common Pitfalls and Mistakes in the Procurement Process In this workshop, participants will work in groups to get to know the most common pitfalls in the public procurement process and how to avoid them. Interactive group work on procurement cases Discussion Round Prof. Dr Ralf von Ameln, Member of the External Speaker s Team of the European Commission, Lawyer and EU Public Procurement Expert End of Day One It was very well organized and gave us useful information for public procurement. Kroum Penkin, Expert, Ministry of Interior, Bulgaria 5
6 PROGRAMME DAY 2 Preparing Public Procurement in the Transition from EBF to ISF Welcome Note from the Chair and Revision of Day 1 Christopher Magri, Director, Funds and Programmes Division, ISF Responsible Authority, Ministry for European Affairs and Implementation of the Electoral Manifesto, Malta Monitoring of Public Procurement in ISF Importance of follow-up of the whole procedure Risk assessment and risk management Control of possible problems and solutions in time Prof. Dr Ralf von Ameln, Member of the External Speaker s Team of the European Commission, Lawyer and EU Public Procurement Expert Discussion Round Coffee Break and Networking Opportunity CHRISTOPHER MAGRI Director, Funds and Programmes Division, ISF Responsible Authority, Ministry for European Affairs and Implementation of the Electoral Manifesto, Malta Christopher Magri works as Director (Funds) within the Funds and Programmes Division where his Directorate s role includes the tasks of the Responsible Authority for the Internal Security Fund, the National Authority for the Lifelong Learning and Youth in Action Programmes, the Competent Authority for the Agricultural Funds and the Managing Authority for the European Fisheries Fund. Christopher Magri joined the public service of Malta in 1986, and has gained experience in various areas including the management of EU Funds as well as intelligence, corporate governance, internal control, risk management, business, strategic and financial analysis Improving Verifications by the Responsible Authority on ISF Procurement Key requirements and criteria for internal control covered by the COSO model Verifications the EBF Experience Comparison of the control requirements of the and the programming periods Desk based checks On the spot verifications Checklists Christopher Magri, Director, Funds and Programmes Division, ISF Responsible Authority, Ministry for European Affairs and Implementation of the Electoral Manifesto, Malta Final Discussion Round Lunch Break and Networking Opportunity End of Seminar & Hand-out of Certificates Well organized seminar, the experienced and qualified speakers offer good knowledge for you. 6
7 ORGANISATIONAL MATTERS For Internal Security Fund: Preparing Public Procurement in the Transition from EBF to ISF Date of Event 16 th 17 th June 2014 Booking Number S-786 Event Language The event language will be English. Event Price Early booking contingent until the 9 th of May 2014: 1.289,- Euro excl. German VAT (19%) Normal price from the 10 th of May 2013: 1.489,- Euro excl. German VAT (19%) The above price covers the following: Admission to the seminar Hand-out documents Seminar certificate, if seminar fully attended Soft drinks and coffee/tea on both event days Lunch on both event days Upon request you can receive a digital version of the seminar documents after the event for 60,- Euro excl. German VAT (19%) in addition to the seminar. BOOKING booking@euroacad.eu Phone: +49 (0) Fax: +49 (0) For online booking please visit our website: Contact European Academy for Taxes, Economics & Law At Potsdamer Platz, Entrance Leipziger Platz Berlin, Germany Phone: +49 (0) Fax: +49 (0) info@euroacad.eu Internet: Your contact persons for the programme: Regina Lüning, M. Sc. econ. Head of Marketing and Sales Phone: +49 (0) Fax: +49 (0) regina.luening@euroacad.eu Peter Gassenmaier Conference Manager Phone: +49 (0) Fax: +49 (0) peter.gassenmaier@euroacad.eu (Programme is subject to alterations) Event Location Ellington Hotel Berlin Nürnberger Straße Berlin, Germany Phone: +49 (0) Fax: +49 (0) reservierung@ellington-hotel.com Internet: Please contact the hotel directly and refer to the European Academy for Taxes, Economics & Law if you wish to benefit from a limited room availability-contingent. Of course you can always look for an alternative hotel accommodation. 7
8 BOOKING Fax: +49 (0) Phone: +49 (0) For online booking please visit our website: European Academy for Taxes, Economics & Law at Potsdamer Platz Entrance: Leipziger Platz Berlin / Germany BOOKING BOOKING NUMBER: S-786 (PR) 16 th 17 th JUNE 2014, BERLIN Herewith we register the following persons for the Seminar: For Internal Security Fund: Preparing Public Procurement in the Transition from EBF to ISF. Delegate 1 Ms. Mr. First name Last name Your organisation Department Unit Job position Street Postcode / City Country Phone Fax I hereby order the digital version of the seminar documents (fee required) in addition to the seminar. Delegate 2 Ms. Mr. First name Last name Your organisation Department Unit Job position Street Postcode / City Country Delegate 3 Ms. Mr. First name Last name Your organisation Department Unit Job position Street Postcode / City Country Phone Fax Phone Fax I hereby order the digital version of the seminar documents (fee required) in addition to the seminar. I hereby order the digital version of the seminar documents (fee required) in addition to the seminar. Invoice Organisation First name Your Organisation Department Unit Job Position Ms. Mr. Last name Street Postcode / City Country Phone Fax With my signature I confirm my registration and accept the General Terms and Conditions as legally binding. I herewith agree to receive further information from the European Academy for Taxes, Economics & Law In case of registration of more than one delegate do you prefer: single invoice? collective invoice? NOTE Only Valid with Signature and Stamp. 8 Place, Date Authorised Signature and Stamp European Academy for Taxes, Economics & Law Brauner Klingenberg GmbH Leipziger Platz Berlin Phone +49 (0) Fax +49 (0)
9 Terms & Conditions for Conferences, Seminars and other Training Courses 1. Area of Application The following terms and conditions settle the contractual relationship between conference participants and the European Academy for Taxes, Economics & Law Brauner Klingenberg GmbH [referred to as European Academy for Taxes, Economics & Law in the following]. Differing terms and conditions, as well as, other settlements and/or regulations have no validity. 2. Registration / Confirmation of Application A registration can be made via internet, mail, fax, or . The registration is considered granted and legally binding if not rejected by the European Academy for Taxes, Economics & Law in writing within seven (7) days after receipt of registration. The registration will be supplemented by a booking confirmation via . Partial bookings are only valid for seminars designed in modules. 3. Service The course fee covers the fee per participant and course in net, subject to current German VAT. It includes training course documents as per course description, a lunch meal/ snack and refreshments during breaks, as well as, a participation certificate. The European Academy for Taxes, Economics & Law has the right to change speakers/instructors and to modify the course program if and where necessary while maintaining the overall nature of the course. All registered participants will be notified in case of a course cancellation due to force majeure, due to speakers preventions, due to troubles at the chosen location or due to a low registration rate. Course cancellation notification due to a low registration rate is issued no later than two (2) weeks before the course date. Course fees are reimbursed in the cases listed above; however, reimbursement for travel expenses or work absenteeism is only granted in cases of intention or gross negligence by the European Academy for Taxes, Economics & Law. Any reimbursement of travel expenses are to be considered as an exceptional goodwill gesture and form no future general obligation. In case of disturbances and/or interruptions, the European Academy for Taxes, Economics & Law commits itself to solve or limit any problems that might occur in order to maintain and continue the course as planned. 4. Payment Date and Payment, Default of Payment Payment of the course fee is payable immediately upon receipt of invoice. Where payment is not received or lacking clear assignment to a participant prior to commencement of the course, the European Academy for Taxes, Economics & Law may refuse the relevant participant s participation in that course. The course fee, however, is still due immediately and can be claimed as part of a dunning procedure or legal action. In accordance with BGB 247 (1), in case of default of payment within the stipulated time period, default interest on arrears of at least 5% above the ECB base rate is due and payable. The European Academy for Taxes, Economics & Law can claim higher damage for delay if and where proven. Equally, the participant may prove that a damage has not occurred or has had less effect than estimated by the European Academy for Taxes, Economics & Law. Payment shall be made by cashless bank transfer; cash or cheques will not be accepted. The European Academy for Taxes, Economics & Law is not liable for any loss of means of payment. The participant may only offset such claims against the European Academy for Taxes, Economics & Law s as are undisputed, legally recognized or recognized in writing by the European Academy for Taxes, Economics & Law. The right of retention is only acceptable in accordance with a counterclaim based on the same contract. 5. Cancellation Cancellations need to be issued in writing. Cancellation by the participant will be subject to cancellation charges as follows: 30 days or more prior to commencement of the course: service charge of 80,00 net, subject to current German VAT, payable immediately, course fee will be reimbursed, two (2) weeks to 30 days prior to commencement of the course: 50% of course fee net, subject to current German VAT, payable immediately, non-attendance or cancellation less than two (2) weeks prior to commencement of the course: 100% of course fee net, subject to current Germany VAT, payable immediately The European Academy for Taxes, Economics & Law gladly accepts without additional costs a substitute participant nominated in case of a cancellation if the substitute participant is registered at least three (3) days prior to the commencement of the course. Neither cancellation of a specific module/part of the course or substitution per module/per day is possible. 6. Copyright Seminar/course documents are protected by property rights and may not be duplicated, processed, amended, circulated or published in any other way without the written consent of the European Academy for Taxes, Economics & Law. The European Academy for Taxes, Economics & Law reserves all rights. 7. Liability All seminars and courses are prepared and presented by qualified speakers and instructors. The European Academy for Taxes, Economics & Law accepts no liability for the upto-dateness, correctness and completeness of the seminar documentation, as well as, presentation of the seminar. 8. Applicable Law, Place of Jurisdiction, Place of Performance All cases shall be governed and construed in accordance with German law to the exclusion of the UN Sales Convention. As far as legally admissible, place of performance and place of exclusive jurisdiction shall be Berlin, Germany. 9. Data Protection The European Academy for Taxes, Economics & Law protects personal data by taking appropriate protection measures. For the purpose of optimization of the product and service portfolio and according to the regulations of the data privacy laws, it stores and processes person-specific data on the training participants. Hence, all European Academy for Taxes, Economics & Law website hits are registered. All personal data will, in accordance with the law, be used for documentation requests, placed orders or other enquiries in order to send information out by post. The European Academy for Taxes, Economics & Law will, in accordance with the law, inform participants by about special offers that resemble previously booked seminars. If and where personal data needs to be transferred to countries lacking appropriate data protection schemes, the European Academy for Taxes, Economics & Law shall grant alternative adequate protection. Furthermore, the European Academy for Taxes, Economics & Law will use personal data as far as participants have granted respective permission. When collecting personal data, the European Academy for Taxes, Economics & Law will always ask for permission regarding information about offers. The participant may, at any time, express their objection to data collection for the purpose of advertisement or address via or fax. Any data provided to the European Academy for Taxes, Economics & Law will be processed for reservations and bookings, as well as, for information about other seminars. Names and company names will be published in a participants list and forwarded to the mailing company. 9
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