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1. By 29 June 2021, the Member States shall notify the Commission, by way of a formal notification transmitted by their Permanent Representation, of the person or persons legally authorised to act on their behalf as the national authority for the purposes of this Regulation. Where a national authority is replaced over the course of the Programme, the Member State concerned shall notify the Commission thereof immediately in accordance with the same procedure.

2. The Member States shall take all necessary and appropriate measures to remove any legal and administrative obstacles to the proper functioning of the Programme, including, where possible, measures aimed at resolving issues that give rise to difficulties in obtaining visas or residence permits.

3. By 29 August 2021, the national authority shall designate a national agency for the duration of the Programme. A national authority shall not designate a ministry as a national agency. National authorities may designate more than one national agency. In cases where there is more than one national agency, Member States shall establish an appropriate mechanism to coordinate the management of the implementation of the Programme at national level, particularly with a view to ensuring coherent and cost-efficient implementation of the Programme and effective contact with the Commission in that respect, and to facilitating the possible transfer of funds between national agencies, thereby allowing for flexibility and better use of funds allocated to Member States. Each Member State shall determine how it organises the relationship between its national authority and the national agency, including tasks such as the establishment of the national agency’s work programme. The national authority shall provide the Commission with an appropriate ex ante compliance assessment that the national agency complies with point (c)(v) or (vi) of the first subparagraph of Article 62(1) and with Article 154(1) to (5) of the Financial Regulation and with the Union requirements for internal control standards for national agencies and rules for the management of programme funds for grant support.

4. The national authority shall designate an independent audit body as referred to in Article 29.

5. The national authority shall base its ex ante compliance assessment on its own controls and audits or on controls and audits undertaken by the independent audit body referred to in Article 29. Where the national agency designated for the Programme is the same as the national agency designated for the 2014-2020 Programme, the scope of the ex ante compliance assessment shall be limited to the requirements that are new and specific to the Programme, unless otherwise justified.

6. In the event that the Commission rejects the designation of the national agency based on its evaluation of the ex ante compliance assessment, or if the national agency does not comply with the minimum requirements set by the Commission, the national authority shall ensure that the necessary remedial steps are taken to ensure that the national agency complies with the minimum requirements, or shall designate another body as national agency.

7. The national authority shall monitor and supervise the management of the Programme at national level. It shall inform and consult the Commission in due time prior to taking any decision that may have a significant impact on the management of the Programme, in particular regarding its national agency.

8. The national authority shall provide adequate co-financing for the operations of its national agency to ensure that the Programme is managed in compliance with the applicable Union rules.

9. Based on the national agency’s yearly management declaration, the independent audit opinion thereon and the Commission’s analysis of the national agency’s compliance and performance, the national authority shall, each year, provide the Commission with information concerning its monitoring and supervision activities in relation to the Programme.

10. The national authority shall take responsibility for the proper management of the Union funds transferred by the Commission to the national agency in the framework of the Programme.

11. In the event of any irregularity, negligence or fraud attributable to the national agency, or any serious shortcomings or underperformance on the part of the national agency, where this gives rise to claims by the Commission against the national agency, the national authority shall reimburse the Commission for the funds not recovered.

12. In the circumstances referred to in paragraph 11, the national authority may, on its own initiative or upon request from the Commission, revoke the mandate of the national agency. Where the national authority wishes to revoke that mandate for any other justified reason, it shall notify the Commission of the revocation at least six months before the envisaged date of termination of the mandate of the national agency. In such cases, the national authority and the Commission shall formally agree on specific and timed transition measures.

13. In the event of revocation as referred to in paragraph 12, the national authority shall carry out the necessary controls regarding the Union funds entrusted to the national agency whose mandate has been revoked and shall ensure that those funds and all documents and management tools required for the management of the Programme are transferred to the new national agency in an unimpeded manner. The national authority shall provide the national agency whose mandate has been revoked with the necessary financial support to continue to meet its contractual obligations vis-à-vis the beneficiaries of the Programme and the Commission pending the transfer of those obligations to a new national agency.

14. Upon request from the Commission, the national authority shall designate the institutions or organisations, or the types of such institutions and organisations, to be considered eligible to participate in specific Programme actions in its territory.