Common use of Approval of reports and deliverables Clause in Contracts

Approval of reports and deliverables. time-limit for payments 1. At the end of each reporting period, the REA shall evaluate project reports and deliverables required by the provisions of Annex I and disburse the corresponding payments within 90 days of their receipt unless the time-limit, the payment or the project has been suspended. 2. Payments shall be made after the REA's approval of reports and/or deliverables. The absence of a response from the REA within this time-limit shall not imply its approval. However, the REA should send a written reply to the consortium in accordance with paragraph 3. The REA may reject reports and deliverables even after the time-limit for payment. Approval of the reports shall not imply recognition of their regularity or of the authenticity of the declarations and information they contain and do not imply exemption from any audit or review. 3. After reception of the reports the REA may: a) approve the reports and deliverables, in whole or in part or make the approval subject to certain conditions. b) reject the reports and deliverables by giving an appropriate justification and, if appropriate, start the procedure for termination of the grant agreement in whole or in part. c) suspend the time limit if one or more of the reports or appropriate deliverables have not been supplied, or are not complete or if some clarification or additional information is needed or there are doubts concerning the eligibility of costs claimed in the financial statement and/or additional checks are being conducted. The suspension will be lifted from the date when the last report, deliverable or the additional information requested is received by the REA, or where the REA decides to proceed with an interim payment in part in accordance with paragraph 4. The REA shall inform the consortium in writing via the coordinator of any such suspension and the conditions to be met for the lifting of the suspension. Suspension shall take effect on the date when notice is sent by the REA. d) suspend the payment at any time, in whole or in part for the amount intended for the • if the work carried out does not comply with the provisions of the grant agreement; if a beneficiary has to reimburse to its national state an amount unduly received as state aid; • if the provisions of the grant agreement have been infringed or if there is a suspicion or presumption thereof, in particular in the wake of any audits and checks provided for in Articles II.22 and II.23.; • if there is a suspicion of irregularity committed by one or more beneficiary(ies) in the performance of the grant agreement; • if there is a suspected or established irregularity committed by one or more beneficiary(ies) in the performance of another grant agreement funded by the general budget of the European Union, or by budgets managed by it. In such cases, suspension of the payments will occur where the irregularity (or suspected irregularity) is of a serious and systematic nature which is likely to affect the performance of the current grant agreement. When the REA suspends the payment the consortium shall be duly informed of the reasons why payment in whole or in part will not be made. 4. The REA may proceed with an interim payment in part if some reports or deliverables are not submitted as required, or only partially or conditionally approved. The reports and deliverables due for one reporting period which are submitted late will be evaluated together with the reports and deliverables of the next reporting period. 5. On expiry of the time-limit for approval of the reports and payments, and without prejudice to suspension by the REA of this time-limit, the REA shall pay interest on the late payment, according to the conditions foreseen in the Financial Regulation and its Rules of Application, at the rate applied by the European Central Bank for its main refinancing operations in euros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union. This provision shall not apply to beneficiaries that are public bodies of the Member States of the European Union. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the Commission's account, inclusive. The interest shall not be treated as a receipt for the project for the purposes of determining the final grant. Any such interest payment is not considered as part of the financial contribution of the Union. 6. The suspension of the time-limit, of payment or of the project by the REA may not be considered as late payment. 7. At the end of the project, the REA may decide not to make the payment of the corresponding financial contribution of the Union subject to one month's written notice of non-receipt of a report, of a certificate on the financial statements or of any other project deliverable. 8. The REA shall inform the coordinator of the amount of the final payment of the financial contribution of the Union and shall justify this amount. The coordinator shall have two months from the date of receipt to give reasons for any disagreement. After the end of this period such requests will no longer be considered and the consortium is deemed to have accepted the REA's decision. The REA undertakes to reply in writing within two months following the date of receipt, giving reasons for its reply. This procedure is without prejudice to the beneficiary’s right to appeal against the REA’s decision.

Appears in 2 contracts

Samples: Fp7 Grant Agreement, Fp7 Grant Agreement

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Approval of reports and deliverables. time-limit for payments 1. At the end of each reporting period, the REA shall evaluate project reports and deliverables required by the provisions of Annex I and disburse the corresponding payments within 90 105 days of their receipt unless the time-limit, the payment or the project has been suspended. 2. Payments shall be made after the REA's approval of reports and/or deliverables. The absence of a response from the REA within this time-limit shall not imply its 4 Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC approval. However, the REA should send a written reply to the consortium in accordance with paragraph 3. The REA may reject reports and deliverables even after the time-limit for payment. Approval of the reports shall not imply recognition of their regularity or of the authenticity of the declarations and information they contain and do not imply exemption from any audit or review. 3. After reception of the reports the REA may: a) approve the reports and deliverables, in whole or in part or make the approval subject to certain conditions. b) reject the reports and deliverables by giving an appropriate justification and, if appropriate, start the procedure for termination of the grant agreement in whole or in part. c) suspend the time limit if one or more of the reports or appropriate deliverables have not been supplied, or are not complete or if some clarification or additional information is needed or there are doubts concerning the eligibility of costs claimed in the financial statement and/or additional checks are being conducted. The suspension will be lifted from the date when the last report, deliverable or the additional information requested is received by the REA, or where the REA decides to proceed with an interim payment in part in accordance with paragraph 4. The REA shall inform the consortium in writing via the coordinator of any such suspension and the conditions to be met for the lifting of the suspension. Suspension shall take effect on the date when notice is sent by the REA. d) suspend the payment at any time, in whole or in part for the amount intended for the beneficiary(ies) concerned: - if the work carried out does not comply with the provisions of the grant agreement; - if a beneficiary has to reimburse to its national state an amount unduly received as state aid; - if the provisions of the grant agreement have been infringed or if there is a suspicion or presumption thereof, in particular in the wake of any audits and checks provided for in Articles II.22 II.21 and II.23.II.22; - if there is a suspicion of irregularity committed by one or more beneficiary(ies) in the performance of the grant agreement; - if there is a suspected or established irregularity committed by one or more beneficiary(ies) in the performance of another grant agreement funded by the general budget of the European Union, Union or by budgets managed by itthem. In such cases, suspension of the payments will occur where the irregularity (or suspected irregularity) is of a serious and systematic nature which is likely to affect the performance of the current grant agreement. When the REA suspends the payment the consortium shall be duly informed of the reasons why payment in whole or in part will not be made. 4. The REA may proceed with an interim payment in part if some reports or deliverables are not submitted as required, or only partially or conditionally approved. The reports and deliverables due for one reporting period which are submitted late will be evaluated together with the reports and deliverables of the next reporting period. 5. On expiry of the time-limit for approval of the reports and payments, and without prejudice to suspension by the REA of this time-limit, the REA shall pay interest on the late payment, according to the conditions foreseen in the Financial Regulation and its Rules of ApplicationImplementing Rules, at the rate applied by the European Central Bank for its main refinancing operations in eurosEuros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union. This provision shall not apply to beneficiaries that are public bodies of the Member States of the European Union. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the Commission's account, inclusive. The interest shall not be treated as a receipt for the project for the purposes of determining the final grant. Any such interest payment is not considered as part of the financial contribution of the Union. 6. The suspension of the time-limit, of payment or of the project by the REA may not be considered as late payment. 7. At the end of the project, the REA may decide not to make the payment of the corresponding financial contribution of the Union subject to one month's written notice of non-receipt of a report, of a certificate on the financial statements or of any other project deliverable. 8. The REA shall inform the coordinator of the amount of the final payment of the financial contribution of the Union and shall justify this amount. The coordinator shall have two months from the date of receipt to give reasons for any disagreement. After the end of this period such requests will no longer be considered and the consortium is deemed to have accepted the REA's decision. The REA undertakes to reply in writing within two months following the date of receipt, giving reasons for its reply. This procedure is without prejudice to the beneficiary’s right to appeal against the REA’s decision.

Appears in 2 contracts

Samples: Fp7 Grant Agreement, Fp7 Grant Agreement

Approval of reports and deliverables. time-limit for payments 1. At the end of each reporting period, the REA Agency shall evaluate project reports and deliverables required by the provisions of Annex I and disburse the corresponding payments within 90 days of their receipt unless the time-limit, the payment or the project has been suspended. 2. Payments shall be made after the REAAgency's approval of reports and/or deliverables. The absence of a response from the REA Agency within this time-limit shall not imply its approval. However, the REA Agency should send a written reply to the consortium in accordance with paragraph 3. The REA Agency may reject reports and deliverables even after the time-limit for payment. Approval of the reports shall not imply recognition of their regularity or of the authenticity of the declarations and information they contain and do not imply exemption from any audit or review. 3. After reception of the reports the REA Agency may: a) approve the reports and deliverables, in whole or in part or make the approval subject to certain conditions. b) reject the reports and deliverables by giving an appropriate justification and, if appropriate, start the procedure for termination of the grant agreement in whole or in part. c) suspend the time limit if one or more of the reports or appropriate deliverables have not been supplied, or are not complete or if some clarification or additional information is needed or there are doubts concerning the eligibility of costs claimed in the financial statement and/or additional checks are being conducted. The suspension will be lifted from the date when the last report, deliverable or the additional information requested is received by the REAAgency, or where the REA Agency decides to proceed with an interim payment in part in accordance with paragraph 4. The REA Agency shall inform the consortium in writing via the coordinator of any such suspension and the conditions to be met for the lifting of the suspension. Suspension shall take effect on the date when notice is sent by the REAAgency. d) suspend the payment at any time, in whole or in part for the amount intended for the • if the work carried out does not comply with the provisions of the grant agreement; if a beneficiary has to reimburse to its national state an amount unduly received as state aid; • if the provisions of the grant agreement have been infringed or if there is a suspicion or presumption thereof, in particular in the wake of any audits and checks provided for in Articles II.22 and II.23.; • if there is a suspicion of irregularity committed by one or more beneficiary(ies) in the performance of the grant agreement; • if there is a suspected or established irregularity committed by one or more beneficiary(ies) in the performance of another grant agreement funded by the general budget of the European Union, Union or by budgets managed by it. In such cases, suspension of the payments will occur where the irregularity (or suspected irregularity) is of a serious and systematic nature which is likely to affect the performance of the current grant agreement. When the REA Agency suspends the payment the consortium shall be duly informed of the reasons why payment in whole or in part will not be made. 4. The REA Agency may proceed with an interim payment in part if some reports or deliverables are not submitted as required, or only partially or conditionally approved. The reports and deliverables due for one reporting period which are submitted late will be evaluated together with the reports and deliverables of the next reporting period. 5. On expiry of the time-limit for approval of the reports and payments, and without prejudice to suspension by the REA Agency of this time-limit, the REA Agency shall pay interest on the late payment, according to the conditions foreseen in the Financial Regulation and its Rules of Application, at the rate applied by the European Central Bank for its main refinancing operations in euros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union. This provision shall not apply to beneficiaries that are public bodies of the Member States of the European Union. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the Commission's account, inclusive. The interest shall not be treated as a receipt for the project for the purposes of determining the final grant. Any such interest payment is not considered as part of the financial contribution of the Union... 6. The suspension of the time-limit, of payment or of the project by the REA Agency may not be considered as late payment. 7. At the end of the project, the REA Agency may decide not to make the payment of the corresponding financial contribution of the Union subject to one month's written notice of non-receipt of a report, of a certificate on the financial statements or of any other project deliverable. 8. The REA Agency shall inform the coordinator of the amount of the final payment of the financial contribution of the Union and shall justify this amount. The coordinator shall have two months from the date of receipt to give reasons for any disagreement. After the end of this period such requests will no longer be considered and the consortium is deemed to have accepted the REAAgency's decision. The REA Agency undertakes to reply in writing within two months following the date of receipt, giving reasons for its reply. This procedure is without prejudice to the beneficiary’s right to appeal against the REAAgency’s decision.

Appears in 1 contract

Samples: Fp7 Erc Csa Grant Agreement

Approval of reports and deliverables. time-limit for payments 1. At the end of each reporting period, the REA Commission shall evaluate project reports and deliverables required by the provisions of Annex I and disburse the corresponding payments within 90 days of their receipt unless the time-limit, the payment or the project has been suspended. 2. Payments shall be made after the REACommission's approval of reports and/or deliverables. The absence of a response from the REA Commission within this time-limit shall not imply its approval. However, the REA Commission should send a written reply to the consortium in accordance with paragraph 3. The REA Commission may reject reports and deliverables even after the time-limit for payment. Approval of the reports shall not imply recognition of their regularity or of the authenticity of the declarations and information they contain and do not imply exemption from any audit or review. 3. After reception of the reports the REA Commission may: a) approve the reports and deliverables, in whole or in part or make the approval subject to certain conditions. b) reject the reports and deliverables by giving an appropriate justification and, if appropriate, start the procedure for termination of the grant agreement in whole or in part. c) suspend the time limit if one or more of the reports or appropriate deliverables have not been supplied, or are not complete or if some clarification or additional information is needed or there are doubts concerning the eligibility of costs claimed in the financial statement and/or additional checks are being conducted. The suspension will be lifted from the date when the last report, deliverable or the additional information requested is received by the REACommission, or where the REA Commission decides to proceed with an interim payment in part in accordance with paragraph 4. The REA Commission shall inform the consortium in writing via the coordinator of any such suspension and the conditions to be met for the lifting of the suspension. Suspension shall take effect on the date when notice is sent by the REACommission. d) suspend the payment at any time, in whole or in part for the amount intended for the if the work carried out does not comply with the provisions of the grant agreement; if a beneficiary has to reimburse to its national state an amount unduly received as state aid; if the provisions of the grant agreement have been infringed or if there is a suspicion or presumption thereof, in particular in the wake of any audits and checks provided for in Articles II.22 and II.23.; if there is a suspicion of irregularity committed by one or more beneficiary(ies) in the performance of the grant agreement; if there is a suspected or established irregularity committed by one or more beneficiary(ies) in the performance of another grant agreement funded by the general budget of the European Union, Union or by budgets managed by it. In such cases, suspension of the payments will occur where the irregularity (or suspected irregularity) is of a serious and systematic nature which is likely to affect the performance of the current grant agreement. When the REA Commission suspends the payment the consortium shall be duly informed of the reasons why payment in whole or in part will not be made. 4. The REA Commission may proceed with an interim payment in part if some reports or deliverables are not submitted as required, or only partially or conditionally approved. The reports and deliverables due for one reporting period which are submitted late will be evaluated together with the reports and deliverables of the next reporting period. 5. On expiry of the time-limit for approval of the reports and payments, and without prejudice to suspension by the REA Commission of this time-limit, the REA Commission shall pay interest on the late payment, according to the conditions foreseen in the Financial Regulation and its Rules of Application, at the rate applied by the European Central Bank for its main refinancing operations in euros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union. This provision shall not apply to beneficiaries that are public bodies of the Member States of the European Union. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the Commission's account, inclusive. The interest shall not be treated as a receipt for the project for the purposes of determining the final grant. Any such interest payment is not considered as part of the financial contribution of [the Union] [Euratom]. 6. The suspension of the time-limit, of payment or of the project by the REA Commission may not be considered as late payment. 7. At the end of the project, the REA Commission may decide not to make the payment of the corresponding financial contribution of [the Union Union] [Euratom] subject to one month's written notice of non-receipt of a report, of a certificate on the financial statements or of any other project deliverable. 8. The REA Commission shall inform the coordinator of the amount of the final payment of the financial contribution of [the Union Union] [Euratom] and shall justify this amount. The coordinator shall have two months from the date of receipt to give reasons for any disagreement. After the end of this period such requests will no longer be considered and the consortium is deemed to have accepted the REACommission's decision. The REA Commission undertakes to reply in writing within two months following the date of receipt, giving reasons for its reply. This procedure is without prejudice to the beneficiary’s right to appeal against the REACommission’s decision.

Appears in 1 contract

Samples: Fp7 Grant Agreement

Approval of reports and deliverables. time-limit for payments 1. At the end of each reporting period, the REA shall evaluate project reports and deliverables required by the provisions of Annex I and disburse the corresponding payments within 90 105 days of their receipt unless the time-limit, the payment or the project has been suspended. 2. Payments shall be made after the REA's approval of reports and/or deliverables. The absence of a response from the REA within this time-limit shall not imply its approval. However, the REA should send a written reply to the consortium beneficiary in accordance with paragraph 3. The REA may reject reports and deliverables even after the time-limit for payment. Approval of the reports shall not imply recognition of their regularity or of the authenticity of the declarations and information they contain and do not imply exemption from any audit or review. 3. After reception of the reports the REA may: a) approve the reports and deliverables, in whole or in part or make the approval subject to certain conditions. b) reject the reports and deliverables by giving an appropriate justification and, if appropriate, start the procedure for termination of the grant agreement in whole or in part. c) suspend the time limit if one or more of the reports or appropriate deliverables have not been supplied, or are not complete or if some clarification or additional information is needed or there are doubts concerning the eligibility of costs claimed in the financial statement and/or additional checks are being conducted. The suspension will be lifted from the date when the last report, deliverable or the additional information requested is received by the REA, or where the REA decides to proceed with an interim payment in part in accordance with paragraph 4. The REA shall inform the consortium beneficiary in writing via the coordinator of any such suspension and the conditions to be met for the lifting of the suspension. Suspension shall take effect on the date when notice is sent by the REA. d) suspend the payment at any time, in whole or in part for the amount intended for the beneficiary: i) if the work carried out does not comply with the provisions of the grant agreement; ; ii) if a the beneficiary has to reimburse to its national state an amount unduly received as state aid; • ; iii) if the provisions of the grant agreement have been infringed or if there is a suspicion or presumption thereof, in particular in the wake of any audits and checks provided for in Articles II.22 II.20 and II.23II.21.; • ; iv) if there is a suspicion of irregularity committed by one or more beneficiary(ies) the beneficiary in the performance of the grant agreement; • ; v) if there is a suspected or established irregularity committed by one or more beneficiary(ies) the beneficiary in the performance of another grant agreement funded by the general budget of the European Union, Union or by budgets managed by it. In such cases, suspension of the payments will occur where the irregularity (or suspected irregularity) is of a serious and systematic nature which is likely to affect the performance of the current grant agreement. When the REA suspends the payment the consortium beneficiary shall be duly informed of the reasons why payment in whole or in part will not be made. 4. The REA may proceed with an interim payment in part if some reports or deliverables are not submitted as required, or only partially or conditionally approved. The reports and deliverables due for one reporting period which are submitted late will be evaluated together with the reports and deliverables of the next reporting period. 5. On expiry of the time-limit for approval of the reports and payments, and without prejudice to suspension by the REA of this time-limit, the REA shall pay interest on the late payment, according to the conditions foreseen in the Financial Regulation and its Rules of ApplicationImplementing Rules, at the rate applied by the European Central Bank for its main refinancing operations in euros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union. This provision shall not apply to beneficiaries that are public bodies of the Member States of the European Union. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the Commission's account, inclusive. The interest shall not be treated as a receipt for the project for the purposes of determining the final grant. Any such interest payment is not considered as part of the financial contribution of the Union. 6. The suspension of the time-limit, of payment or of the project by the REA may not be considered as late payment. 7. At the end of the project, the REA may decide not to make the payment of the corresponding financial contribution of the Union subject to one month's written notice of non-receipt of a report, of a certificate on the financial statements or of any other project deliverable. 8. The REA shall inform the coordinator beneficiary of the amount of the final payment of the financial contribution of the Union and shall justify this amount. The coordinator beneficiary shall have two months from the date of receipt to give reasons for any disagreement. After the end of this period such requests will no longer be considered and the consortium beneficiary is deemed to have accepted the REA's decision. The REA undertakes to reply in writing within two months following the date of receipt, giving reasons for its reply. This procedure is without prejudice to the beneficiary’s right to appeal against the REA’s decision.

Appears in 1 contract

Samples: Fp7 Grant Agreement

Approval of reports and deliverables. time-limit for paymentspayment 1. At the end of each reporting period, the REA FCH JU shall evaluate project reports and deliverables required by the provisions of Annex I and disburse the corresponding payments within 90 105 days of their receipt unless the time-limit, the payment or the project has been suspended. 2. Payments shall be made after the REAFCH JU's approval of reports and/or deliverables. The absence of a response from the REA FCH JU within this time-limit shall not imply its approval. However, the REA FCH JU should send a written reply to the consortium in accordance with paragraph 3. The REA FCH JU may reject reports and deliverables even after the time-limit for payment. Approval of the reports shall not imply recognition of their regularity or of the authenticity of the declarations and information they contain and do not imply exemption from any audit or review. 3. After reception of the reports the REA FCH JU may: a) approve the reports and deliverables, in whole or in part or make the approval subject to certain conditions. b) reject the reports and deliverables by giving an appropriate justification and, if appropriate, start the procedure for termination of the grant agreement in whole or in part. c) suspend the time limit if one or more of the reports or appropriate deliverables have not been supplied, or are not complete or if some clarification or additional information is needed or there are doubts concerning the eligibility of costs claimed in the financial statement and/or additional checks are being conducted. The suspension will be lifted from the date when the last report, deliverable or the additional information requested is received by the REAFCH JU, or where the REA FCH JU decides to proceed with an interim payment in part in accordance with paragraph 4. The REA FCH JU shall inform the consortium in writing via the coordinator of any such suspension and the conditions to be met for the lifting of the suspension. Suspension shall take effect on the date when notice is sent by the REAFCH JU. d) suspend the payment at any time, in whole or in part for the amount intended for the - if the work carried out does not comply with the provisions of the grant agreement; - if a beneficiary has to reimburse to its national state an amount unduly received as state aid; - if the provisions of the grant agreement have been infringed or if there is a suspicion or presumption thereof, in particular in the wake of any audits and checks provided for in Articles II.22 and II.23.; - if there is a suspicion of irregularity committed by one or more beneficiary(ies) in the performance of the grant agreement; - if there is a suspected or established irregularity committed by one or more beneficiary(ies) beneficiaries in the performance of another grant agreement funded by FCH JU , the general budget of the European Union, Union or by budgets managed by itthem. In such cases, suspension of the payments will occur where the irregularity (or suspected irregularity) is of a serious and systematic nature which is likely to affect the performance of the current grant agreement. When the REA FCH JU suspends the payment the consortium shall be duly informed of the reasons why payment in whole or in part will not be made. 4. The REA FCH JU may proceed with an interim payment in part if some reports or deliverables are not submitted as required, or only partially or conditionally approved. The reports and deliverables due for one reporting period which are submitted late will be evaluated together with the reports and deliverables of the next reporting period. 5. On expiry of the time-limit for approval of the reports and payments, and without prejudice to suspension by the REA FCH JU of this time-limit, the REA FCH JU shall pay interest on the late payment, according to the conditions foreseen in the Financial Regulation and its Rules of Application, at the rate applied by the European Central Bank for its main refinancing operations in eurosEuros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union. This provision shall not apply to beneficiaries that are public bodies By way of exception, when the interest calculated in accordance with the provisions of the Member States first subparagraph is lower than or equal to EUR 200, it shall be paid to the creditor only upon a demand submitted within two months of receiving the European Unionlate payment. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the CommissionFCH JU's account, inclusive. The interest shall not be treated as a receipt for the project for the purposes of determining the final grant. Any such interest payment is not considered as part of the FCH JU financial contribution contribution. This provision shall not apply to beneficiaries that are public bodies of the UnionMember States. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the FCH JU's account, inclusive. The interest shall not be treated as a receipt for the project for the purposes of determining the final grant. Any such interest payment is not considered as part of the FCH JU financial contribution. 6. The suspension of the time-limit, of payment or of the project by the REA FCH JU may not be considered as late payment. 7. At the end of the project, the REA FCH JU may decide not to make the payment of the corresponding FCH JU financial contribution of the Union subject to one month's written notice of non-non- receipt of a report, of a certificate on the financial statements or of any other project deliverable. 8. The REA FCH JU shall inform the coordinator of the amount of the final payment of the FCH JU financial contribution of the Union and shall justify this amount. The coordinator shall have two months from the date of receipt to give reasons for any disagreement. After the end of this period such requests will no longer be considered and the consortium is deemed to have accepted the REA's FCH JU’s decision. The REA FCH JU undertakes to reply in writing within two months following the date of receipt, giving reasons for its reply. This procedure is without prejudice to the beneficiary’s right to appeal against the REAFCH JU’s decision.

Appears in 1 contract

Samples: Grant Agreement

Approval of reports and deliverables. time-limit for payments 1. At the end of each reporting period, the REA Agency shall evaluate project reports and deliverables required by the provisions of Annex I and disburse the corresponding payments within 90 105 days of their receipt unless the time-limit, the payment or the project has been suspended. 2. Payments shall be made after the REAAgency's approval of reports and/or deliverables. The absence of a response from the REA Agency within this time-limit shall not imply its approval. However, the REA Agency should send a written reply to the consortium in accordance with paragraph 3. The REA Agency may reject reports and deliverables even after the time-limit for payment. Approval of the reports shall not imply recognition of their regularity or of the authenticity of the declarations and information they contain and do not imply exemption from any audit or review. 3. After reception of the reports the REA Agency may: a) approve the reports and deliverables, in whole or in part or make the approval subject to certain conditions. b) reject the reports and deliverables by giving an appropriate justification and, if appropriate, start the procedure for termination of the grant agreement in whole or in part. c) suspend the time limit if one or more of the reports or appropriate deliverables have not been supplied, or are not complete or if some clarification or additional information is needed or there are doubts concerning the eligibility of costs claimed in the financial statement and/or additional checks are being conducted. The suspension will be lifted from the date when the last report, deliverable or the additional information requested is received by the REAAgency, or where the REA Agency decides to proceed with an interim payment in part in accordance with paragraph 4. The REA Agency shall inform the consortium in writing via the coordinator of any such suspension and the conditions to be met for the lifting of the suspension. Suspension shall take effect on the date when notice is sent by the REAAgency. d) suspend the payment at any time, in whole or in part for the amount intended for the if the work carried out does not comply with the provisions of the grant agreement; if a beneficiary has to reimburse to its national state an amount unduly received as state aid; if the provisions of the grant agreement have been infringed or if there is a suspicion or presumption thereof, in particular in the wake of any audits and checks provided for in Articles II.22 and II.23.; if there is a suspicion of irregularity committed by one or more beneficiary(ies) in the performance of the grant agreement; if there is a suspected or established irregularity committed by one or more beneficiary(ies) in the performance of another grant agreement funded by the general budget of the European Union, Union or by budgets managed by it. In such cases, suspension of the payments will occur where the irregularity (or suspected irregularity) is of a serious and systematic nature which is likely to affect the performance of the current grant agreement. When the REA Agency suspends the payment the consortium shall be duly informed of the reasons why payment in whole or in part will not be made. 4. The REA Agency may proceed with an interim payment in part if some reports or deliverables are not submitted as required, or only partially or conditionally approved. The reports and deliverables due for one reporting period which are submitted late will be evaluated together with the reports and deliverables of the next reporting period. 5. On expiry of the time-limit for approval of the reports and payments, and without prejudice to suspension by the REA Agency of this time-limit, the REA Agency shall pay interest on the late payment, according to the conditions foreseen in the Financial Regulation and its Rules of ApplicationImplementing Rules, at the rate applied by the European Central Bank for its main refinancing operations in euros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union. This provision shall not apply to beneficiaries that are public bodies of the Member States of the European Union. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the Commission's account, inclusive. The interest shall not be treated as a receipt for the project for the purposes of determining the final grant. Any such interest payment is not considered as part of the financial contribution of the Union.of 6. The suspension of the time-limit, of payment or of the project by the REA Agency may not be considered as late payment. 7. At the end of the project, the REA Agency may decide not to make the payment of the corresponding financial contribution of the Union subject to one month's written notice of non-receipt of a report, of a certificate on the financial statements or of any other project deliverable. 8. The REA Agency shall inform the coordinator of the amount of the final payment of the financial contribution of the Union and shall justify this amount. The coordinator shall have two months from the date of receipt to give reasons for any disagreement. After the end of this period such requests will no longer be considered and the consortium is deemed to have accepted the REAAgency's decision. The REA Agency undertakes to reply in writing within two months following the date of receipt, giving reasons for its reply. This procedure is without prejudice to the beneficiary’s right to appeal against the REAAgency’s decision.

Appears in 1 contract

Samples: Fp7 Erc Csa Grant Agreement

Approval of reports and deliverables. time-limit for payments 1. At the end of each reporting period, the REA shall evaluate project reports and deliverables required by the provisions of Annex I and disburse the corresponding payments within 90 105 days of their receipt unless the time-limit, the payment or the project has been suspended. 2. Payments shall be made after the REAREA 's approval of reports and/or deliverables. The absence of a response from the REA within this time-limit shall not imply its approval. However, the REA should send a written reply to the consortium in accordance with paragraph 3. The REA may reject reports and deliverables even after the time-limit for payment. Approval of the reports shall not imply recognition of their regularity or of the 4 Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC authenticity of the declarations and information they contain and do not imply exemption from any audit or review. 3. After reception of the reports the REA may: a) approve the reports and deliverables, in whole or in part or make the approval subject to certain conditions. b) reject the reports and deliverables by giving an appropriate justification and, if appropriate, start the procedure for termination of the grant agreement in whole or in part. c) suspend the time limit if one or more of the reports or appropriate deliverables have not been supplied, or are not complete or if some clarification or additional information is needed or there are doubts concerning the eligibility of costs claimed in the financial statement and/or additional checks are being conducted. The suspension will be lifted from the date when the last report, deliverable or the additional information requested is received by the REAREA , or where the REA decides to proceed with an interim payment in part in accordance with paragraph 4. The REA shall inform the consortium in writing via the coordinator of any such suspension and the conditions to be met for the lifting of the suspension. Suspension shall take effect on the date when notice is sent by the REA. d) suspend the payment at any time, in whole or in part for the amount intended for the • if the work carried out does not comply with the provisions of the grant agreement; if a beneficiary has to reimburse to its national state an amount unduly received as state aid; • if the provisions of the grant agreement have been infringed or if there is a suspicion or presumption thereof, in particular in the wake of any audits and checks provided for in Articles II.22 II.21 and II.23.II.22; • if there is a suspicion of irregularity committed by one or more beneficiary(ies) in the performance of the grant agreement; • if there is a suspected or established irregularity committed by one or more beneficiary(ies) in the performance of another grant agreement funded by the general budget of the European Union, Communities or by budgets managed by itthem. In such cases, suspension of the payments will occur where the irregularity (or suspected irregularity) is of a serious and systematic nature which is likely to affect the performance of the current grant agreement. When the REA suspends the payment the consortium shall be duly informed of the reasons why payment in whole or in part will not be made. 4. The REA may proceed with an interim payment in part if some reports or deliverables are not submitted as required, or only partially or conditionally approved. The reports and deliverables due for one reporting period which are submitted late will be evaluated together with the reports and deliverables of the next reporting period. 5. On expiry of the time-limit for approval of the reports and payments, and without prejudice to suspension by the REA of this time-limit, the REA shall pay interest on the late payment, according to the conditions foreseen in the Financial Regulation and its Rules of ApplicationImplementing Rules, at the rate applied by the European Central Bank for its main refinancing operations in euros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union. This provision shall not apply to beneficiaries that are public bodies of the Member States of the European Union. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the Commission's account, inclusive. The interest shall not be treated as a receipt for the project for the purposes of determining the final grant. Any such interest payment is not considered as part of the Community financial contribution of the Unioncontribution. 6. The suspension of the time-limit, of payment or of the project by the REA may not be considered as late payment. 7. At the end of the project, the REA may decide not to make the payment of the corresponding Community financial contribution of the Union subject to one month's written notice of non-receipt of a report, of a certificate on the financial statements or of any other project deliverable. 8. The REA shall inform the coordinator of the amount of the final payment of the Community financial contribution of the Union and shall justify this amount. The coordinator shall have two months from the date of receipt to give reasons for any disagreement. After the end of this period such requests will no longer be considered and the consortium is deemed to have accepted the REA's decision. The REA undertakes to reply in writing within two months following the date of receipt, giving reasons for its reply. This procedure is without prejudice to the beneficiary’s right to appeal against the REA’s decision.

Appears in 1 contract

Samples: Fp7 Grant Agreement

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Approval of reports and deliverables. time-limit for payments 1. At the end of each reporting period, the REA Joint Undertaking shall evaluate project Project reports and deliverables required by the provisions of Annex I Articles II.3 and IV.3 and disburse to each beneficiary the corresponding payments within 90 105 days of their receipt unless the time-limit, the payment or the project Project has been suspended. 2. Payments shall be made after the REAJoint Undertaking's approval of reports and/or deliverables. The absence of a response from the REA Joint Undertaking within this time-time- limit shall not imply its approval. However, the REA Joint Undertaking should send a written reply to the consortium in accordance with paragraph 3beneficiaries. The REA Joint Undertaking may reject reports and deliverables even after the time-limit for payment. Approval of the reports shall not imply recognition of their regularity or of the authenticity of the declarations and information they contain and do not imply exemption from any audit or review. 3. After reception of the reports the REA may: a) approve the reports and deliverablesThe Joint Undertaking, in whole or in part or make the approval subject to certain conditions. b) reject the reports and deliverables by giving an appropriate justification andafter reception, if appropriate, start the procedure for termination of the grant agreement in whole or in part. c) may suspend the time limit for payments if one or more of the reports or appropriate deliverables have not been supplied, or are not complete or if some clarification or additional information is needed or there are doubts concerning the eligibility of costs claimed in the financial statement and/or additional checks are being conducted. The suspension will be lifted from the date when the last report, deliverable or the additional information requested is received by the REA, Joint Undertaking or where the REA Joint Undertaking decides to proceed with an interim payment in part in accordance with paragraph 4part. The REA Joint Undertaking shall inform the consortium in writing via the coordinator beneficiaries of any such suspension and the conditions to be met for the lifting of the suspension. Suspension shall take effect on the date when notice is sent by the REA. d) suspend the payment at any time, in whole or in part for the amount intended for the • if the work carried out does not comply with the provisions of the grant agreement; if a beneficiary has to reimburse to its national state an amount unduly received as state aid; • if the provisions of the grant agreement have been infringed or if there is a suspicion or presumption thereof, in particular in the wake of any audits and checks provided for in Articles II.22 and II.23.; • if there is a suspicion of irregularity committed by one or more beneficiary(ies) in the performance of the grant agreement; • if there is a suspected or established irregularity committed by one or more beneficiary(ies) in the performance of another grant agreement funded by the general budget of the European Union, or by budgets managed by it. In such cases, suspension of the payments will occur where the irregularity (or suspected irregularity) is of a serious and systematic nature which is likely to affect the performance of the current grant agreement. When the REA suspends the payment the consortium shall be duly informed of the reasons why payment in whole or in part will not be madeJoint Undertaking. 4. The REA Joint Undertaking may proceed with an interim payment in part if some reports or deliverables are not submitted as required, or only partially or conditionally approved. The reports and deliverables due for one reporting period which are submitted late will be evaluated together with the reports and deliverables of the next reporting period. 5. On expiry of the time-limit for approval of the reports and payments, and without prejudice to suspension by the REA Joint Undertaking of this time-limit, the REA Joint Undertaking shall pay interest on the late payment, according to the conditions foreseen in the Financial Regulation and its Rules of Application, payment at the rate applied by the European Central Bank for its main refinancing operations in euros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union. This provision shall not apply to beneficiaries that are public bodies of the Member States of the European Union. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the CommissionJoint Undertaking's account, inclusive. The interest shall not be treated as a receipt for the project Project for the purposes of determining the final grant. Any such interest payment is not considered as part of the Joint Undertaking's financial contribution of the Unioncontribution. 6. The suspension of the time-limit, of payment or of the project Project by the REA Joint Undertaking may not be considered as late payment. 7. At the end of the projectProject, the REA Joint Undertaking may decide not to make the payment of the its corresponding financial contribution of the Union subject to one month's written notice of non-receipt of a report, of a certificate on the financial statements or of any other project Project deliverable. 8. The REA Joint Undertaking shall inform the coordinator beneficiaries of the amount of the final payment of the Joint Undertaking's financial contribution of the Union and shall justify this amount. The coordinator beneficiary shall have two months from the date of receipt to give reasons for any disagreement. After the end of this period such requests will no longer be considered and the consortium beneficiary is deemed to have accepted the REAJoint Undertaking's decision. The REA Joint Undertaking undertakes to reply in writing within two months following the date of receipt, giving reasons for its reply. This procedure is without prejudice to the beneficiary’s right to appeal against the REA’s Joint Undertaking's decision.

Appears in 1 contract

Samples: Grant Agreement

Approval of reports and deliverables. time-limit for paymentsPayments 1. At the end of each reporting period, the REA IMI JU shall evaluate project reports and deliverables required by the provisions of Annex I and disburse the corresponding payments within 90 105 days of their receipt unless the time-limit, the payment or the project has been suspended.. 1 Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC 2. Payments shall be made after the REAIMI JU's approval of reports and/or deliverables. The absence of a response from the REA IMI JU within this time-limit shall not imply its approval. However, the REA IMI JU should send a written reply to the consortium in accordance with paragraph 3. The REA IMI JU may reject reports and deliverables even after the time-limit for payment. Approval of the reports shall not imply recognition of their regularity or of the authenticity of the declarations and information they contain and do not imply exemption from any audit or review. 3. After reception of the reports the REA IMI JU may: a) approve the reports and deliverables, in whole or in part or make the approval subject to certain conditions. b) reject the reports and deliverables by giving an appropriate justification and, if appropriate, start the procedure for termination of the grant agreement in whole or in part. c) suspend the time limit if one or more of the reports or appropriate deliverables have not been supplied, or are not complete or if some clarification or additional information is needed or there are doubts concerning the eligibility of costs claimed in the financial statement and/or additional checks are being conducted. The suspension will be lifted from the date when the last report, deliverable or the additional information requested is received by the REAIMI JU, or where the REA IMI JU decides to proceed with an interim payment in part in accordance with paragraph 4. The REA IMI JU shall inform the consortium in writing via the coordinator of any such suspension and the conditions to be met for the lifting of the suspension. Suspension shall take effect on the date when notice is sent by the REAIMI JU. d) suspend the payment at any time, in whole or in part for the amount intended for the beneficiary(ies) concerned: □ if the work carried out does not comply with the provisions of the grant agreement; if a beneficiary eligible to receive IMI JU funding has to reimburse to its national state an amount unduly received as state aid; if the provisions of the grant agreement have been infringed or if there is a suspicion or presumption thereof, in particular in the wake of any audits and checks provided for in Articles II.22 II.21 and II.23II.22.; if there is a suspicion of irregularity committed by one or more beneficiary(ies) eligible to receive IMI JU funding in the performance of the grant agreement; if there is a suspected or established irregularity committed by one or more beneficiary(ies) eligible to receive IMI JU funding in the performance of another grant agreement funded by the IMI JU budget, the general budget of the European Union, Union or by budgets managed by itthem. In such cases, suspension of the payments will occur where the irregularity (or suspected irregularity) is of a serious and systematic nature which is likely to affect the performance of the current grant agreement. When the REA IMI JU suspends the payment the consortium shall be duly informed of the reasons why payment in whole or in part will not be made. 4. The REA IMI JU may proceed with an interim payment in part if some reports or deliverables are not submitted as required, or only partially or conditionally approved. The reports and deliverables due for one reporting period which are submitted late will be evaluated together with the reports and deliverables of the next reporting period. 5. On expiry of the time-limit for approval of the reports and payments, and without prejudice to suspension by the REA IMI JU of this time-limit, the REA IMI JU shall pay interest on the late payment, according to the conditions foreseen in the Financial Regulation and its Rules of ApplicationRules, at the rate applied by the European Central Bank for its main refinancing operations in euros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union. This provision shall not apply to beneficiaries that are public bodies of the Member States of the European Union. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the CommissionIMI JU's account, inclusive. The interest shall not be treated as a receipt for the project for the purposes of determining the final grant. Any such interest payment is not considered as part of the IMI JU financial contribution of the Unioncontribution. 6. The suspension of the time-limit, of payment or of the project by the REA IMI JU may not be considered as late payment. 7. At the end of the project, the REA IMI JU may decide not to make the payment of the corresponding IMI JU financial contribution of the Union subject to one month's written notice of non-non- receipt of a report, of a certificate on the financial statements or of any other project deliverable. 8. The REA IMI JU shall inform the coordinator of the amount of the final payment of the IMI JU financial contribution of the Union and shall justify this amount. The coordinator shall have two months from the date of receipt to give reasons for any disagreement. After the end of this period such requests will no longer be considered and the consortium is deemed to have accepted the REAIMI JU's decision. The REA IMI JU undertakes to reply in writing within two months following the date of receipt, giving reasons for its reply. This procedure is without prejudice to the beneficiary’s right to appeal against the REAIMI JU’s decision.

Appears in 1 contract

Samples: Model Grant Agreement

Approval of reports and deliverables. time-limit for payments 1. At the end of each reporting period, the REA shall evaluate project reports and deliverables required by the provisions of Annex I and disburse the corresponding payments within 90 days of their receipt unless the time-limit, the payment or the project has been suspended. 2. Payments shall be made after the REA's approval of reports and/or deliverables. The absence of a response from the REA within this time-limit shall not imply its approval. However, the REA should send a written reply to the consortium in accordance with paragraph 3. The REA may reject reports and deliverables even after the time-limit for payment. Approval of the reports shall not imply recognition of their regularity or of the authenticity of the declarations and information they contain and do not imply exemption from any audit or review. 3. After reception of the reports the REA may: a) approve the reports and deliverables, in whole or in part or make the approval subject to certain conditions. b) reject the reports and deliverables by giving an appropriate justification and, if appropriate, start the procedure for termination of the grant agreement in whole or in part. c) suspend the time limit if one or more of the reports or appropriate deliverables have not been supplied, or are not complete or if some clarification or additional information is needed or there are doubts concerning the eligibility of costs claimed in the financial statement and/or additional checks are being conducted. The suspension will be lifted from the date when the last report, deliverable or the additional information requested is received by the REA, or where the REA decides to proceed with an interim payment in part in accordance with paragraph 4. The REA shall inform the consortium in writing via the coordinator of any such suspension and the conditions to be met for the lifting of the suspension. Suspension shall take effect on the date when notice is sent by the REA. d) suspend the payment at any time, in whole or in part for the amount intended for the beneficiary(ies) concerned: - if the work carried out does not comply with the provisions of the grant agreement; - if a beneficiary has to reimburse to its national state an amount unduly received as state aid; - if the provisions of the grant agreement have been infringed or if there is a suspicion or presumption thereof, in particular in the wake of any audits and checks provided for in Articles II.22 II.21 and II.23.II.22; - if there is a suspicion of irregularity committed by one or more beneficiary(ies) in the performance of the grant agreement; - if there is a suspected or established irregularity committed by one or more beneficiary(ies) in the performance of another grant agreement funded by the general budget of the European Union, Union or by budgets managed by itthem. In such cases, suspension of the payments will occur where the irregularity (or suspected irregularity) is of a serious and systematic nature which is likely to affect the performance of the current grant agreement. When the REA suspends the payment the consortium shall be duly informed of the reasons why payment in whole or in part will not be made. 4. The REA may proceed with an interim payment in part if some reports or deliverables are not submitted as required, or only partially or conditionally approved. The reports and deliverables due for one reporting period which are submitted late will be evaluated together with the reports and deliverables of the next reporting period. 5. On expiry of the time-limit for approval of the reports and payments, and without prejudice to suspension by the REA of this time-limit, the REA shall pay interest on the late payment, according to the conditions foreseen in the Financial Regulation and its Rules of Application, at the rate applied by the European Central Bank for its main refinancing operations in eurosEuros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union. This provision shall not apply to beneficiaries that are public bodies of the Member States of the European Union. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the Commission's account, inclusive. The interest shall not be treated as a receipt for the project for the purposes of determining the final grant. Any such interest payment is not considered as part of the financial contribution of the Union. 6. The suspension of the time-limit, of payment or of the project by the REA may not be considered as late payment. 7. At the end of the project, the REA may decide not to make the payment of the corresponding financial contribution of the Union subject to one month's written notice of non-receipt of a report, of a certificate on the financial statements or of any other project deliverable. 8. The REA shall inform the coordinator of the amount of the final payment of the financial contribution of the Union and shall justify this amount. The coordinator shall have two months from the date of receipt to give reasons for any disagreement. After the end of this period such requests will no longer be considered and the consortium is deemed to have accepted the REA's decision. The REA undertakes to reply in writing within two months following the date of receipt, giving reasons for its reply. This procedure is without prejudice to the beneficiary’s right to appeal against the REA’s decision.

Appears in 1 contract

Samples: Fp7 Grant Agreement

Approval of reports and deliverables. time-limit time limits for payments 1. At the end of each reporting period, the REA shall The Commission undertakes to evaluate project reports action results and deliverables required by the provisions of Annex I Article II. 14.1 paragraph 1 and paragraph 2 as soon as possible after their receipt and disburse the corresponding payments payment within a maximum of 90 days of their receipt receipt, unless the time-limit, the payment or the project action has been suspended. 2. The Commission undertakes to evaluate all other deliverables submitted within 45 days of receipt thereof. 3. Payments shall be made after the REA's Commission’s approval of reports and/or deliverables. The absence of a response from the REA Commission within this the time-limit set out in paragraph 1 shall not imply its approval. However, the REA should send a written reply to the consortium in accordance with paragraph 3. The REA Commission may reject reports and deliverables even after the time-limit for payment. Approval of the reports report accompanying the request for payment shall not imply recognition of their regularity or of the authenticity authenticity, completeness and correctness of the declarations and information they contain and do not imply exemption from any audit or reviewcontain. 34. After reception Following the evaluation of reports or deliverables, the reports the REA may: a) approve Commission may • Approve the reports and deliverables, in whole or in part or make the approval subject to certain conditions. b) reject the reports and deliverables by giving an appropriate justification and, if appropriate, start the procedure for termination re-negotiation of the grant agreement in whole or in part. c) suspend work to be performed during the time limit if one or more next period. The Commission may, for that purpose, impose a suspension of the reports or appropriate deliverables have not been supplied, or are not complete or if some clarification or additional information is needed or there are doubts concerning the eligibility of costs claimed in the financial statement and/or additional checks are being conducted. The suspension will be lifted from the date when the last report, deliverable or the additional information requested is received by the REA, or where the REA decides to proceed with an interim payment in part action in accordance with paragraph 4. The REA shall inform Article II.7 • Reject the consortium reports submitted and request the beneficiaries to complete the work foreseen in writing via the coordinator of any such suspension and the conditions Annex 1 or to be met for the lifting of the suspension. Suspension shall take effect on the date when notice is sent perform additional work within a reasonable delay established by the REA. d) suspend the payment at any time, in whole or in part for the amount intended for the • if Commission. Reports and deliverables shall be re-submitted once the work carried out does not comply with the provisions of has been completed • Terminate the grant agreement; if a beneficiary has to reimburse to its national state an amount unduly received as state aid; • if the provisions of the grant agreement have been infringed or if there is a suspicion or presumption thereof, in particular in the wake of any audits and checks provided for in Articles II.22 and II.23.; • if there is a suspicion of irregularity committed by one or more beneficiary(ies) in the performance of the grant agreement; • if there is a suspected or established irregularity committed by one or more beneficiary(ies) in the performance of another grant agreement funded by the general budget of the European Union, or by budgets managed by it. In such cases, suspension of the payments will occur where the irregularity (or suspected irregularity) is of a serious and systematic nature which is likely to affect the performance of the current grant agreement. When the REA suspends the payment the consortium shall be duly informed of the reasons why payment in whole or in part will not be made. 45. The REA Commission may proceed with an interim payment in part if some reports or deliverables are not submitted as required, required or only partially or conditionally approved. The reports and deliverables due for one reporting period which are submitted late will be evaluated together with the reports and deliverables of the next reporting period. 56. On expiry Where comments, changes or substantial corrections to any of the time-limit for approval of the action reports and payments, and without prejudice to suspension by the REA of this time-limitare required, the REA shall pay interest on the late payment, according to the conditions foreseen in the Financial Regulation and its Rules of Application, at the rate applied by the European Central Bank for its main refinancing operations in euros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union. This provision shall not apply to beneficiaries that are public bodies of the Member States of the European Union. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the Commission's account, inclusive. The interest shall not be treated as a receipt for the project for the purposes of determining the final grant. Any such interest payment is not considered as part of the financial contribution of the Union. 6. The suspension of the timeco-limit, of payment or of the project by the REA may not be considered as late payment. 7. At the end of the project, the REA may decide not to make the payment of the corresponding financial contribution of the Union subject to one month's written notice of non-receipt of a report, of a certificate on the financial statements or of any other project deliverable. 8. The REA shall inform the coordinator of the amount of the final payment of the financial contribution of the Union and shall justify this amount. The coordinator ordinator shall have two months from the date of receipt 30 calendar days in which to give reasons for any disagreement. After the end of this period such requests will no longer be considered and the consortium is deemed to have accepted the REA's decision. The REA undertakes to reply in writing within two months following the date of receipt, giving reasons for its reply. This procedure is without prejudice to the beneficiary’s right to appeal against the REA’s decisionsubmit additional information or a new report.

Appears in 1 contract

Samples: Grant Agreement

Approval of reports and deliverables. time-limit for payments 1. At the end of each reporting period, the REA shall evaluate project reports and deliverables required by the provisions of Annex I and disburse the corresponding payments within 90 days of their receipt unless the time-limit, the payment or the project has been suspended. 2. Payments shall be made after the REA's approval of reports and/or deliverables. The absence of a response from the REA within this time-limit shall not imply its approval. However, the REA should send a written reply to the consortium beneficiary in accordance with paragraph 3. The REA may reject reports and deliverables even after the time-limit for payment. Approval of the reports shall not imply recognition of their regularity or of the authenticity of the declarations and information they contain and do not imply exemption from any audit or review. 3. After reception of the reports the REA may: a) approve the reports and deliverables, in whole or in part or make the approval subject to certain conditions. b) reject the reports and deliverables by giving an appropriate justification and, if appropriate, start the procedure for termination of the grant agreement in whole or in part. c) suspend the time limit if one or more of the reports or appropriate deliverables have not been supplied, or are not complete or if some clarification or additional information is needed or there are doubts concerning the eligibility of costs claimed in the financial statement and/or additional checks are being conducted. The suspension will be lifted from the date when the last report, deliverable or the additional information requested is received by the REA, or where the REA decides to proceed with an interim payment in part in accordance with paragraph 4. The REA shall inform the consortium beneficiary in writing via the coordinator of any such suspension and the conditions to be met for the lifting of the suspension. Suspension shall take effect on the date when notice is sent by the REA. d) suspend the payment at any time, in whole or in part for the amount intended for the beneficiary: i) if the work carried out does not comply with the provisions of the grant agreement; ; ii) if a the beneficiary has to reimburse to its national state an amount unduly received as state aid; • ; iii) if the provisions of the grant agreement have been infringed or if there is a suspicion or presumption thereof, in particular in the wake of any audits and checks provided for in Articles II.22 II.20 and II.23II.21.; • ; iv) if there is a suspicion of irregularity committed by one or more beneficiary(ies) the beneficiary in the performance of the grant agreement; • ; v) if there is a suspected or established irregularity committed by one or more beneficiary(ies) the beneficiary in the performance of another grant agreement funded by the general budget of the European Union, Union or by budgets managed by it. In such cases, suspension of the payments will occur where the irregularity (or suspected irregularity) is of a serious and systematic nature which is likely to affect the performance of the current grant agreement. When the REA suspends the payment the consortium beneficiary shall be duly informed of the reasons why payment in whole or in part will not be made. 4. The REA may proceed with an interim payment in part if some reports or deliverables are not submitted as required, or only partially or conditionally approved. The reports and deliverables due for one reporting period which are submitted late will be evaluated together with the reports and deliverables of the next reporting period. 5. On expiry of the time-limit for approval of the reports and payments, and without prejudice to suspension by the REA of this time-limit, the REA shall pay interest on the late payment, according to the conditions foreseen in the Financial Regulation and its Rules of Application, at the rate applied by the European Central Bank for its main refinancing operations in euros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union. This provision shall not apply to beneficiaries that are public bodies of the Member States of the European Union. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the Commission's account, inclusive. The interest shall not be treated as a receipt for the project for the purposes of determining the final grant. Any such interest payment is not considered as part of the financial contribution of the Union. 6. The suspension of the time-limit, of payment or of the project by the REA may not be considered as late payment. 7. At the end of the project, the REA may decide not to make the payment of the corresponding financial contribution of the Union subject to one month's written notice of non-receipt of a report, of a certificate on the financial statements or of any other project deliverable. 8. The REA shall inform the coordinator beneficiary of the amount of the final payment of the financial contribution of the Union and shall justify this amount. The coordinator beneficiary shall have two months from the date of receipt to give reasons for any disagreement. After the end of this period such requests will no longer be considered and the consortium beneficiary is deemed to have accepted the REA's decision. The REA undertakes to reply in writing within two months following the date of receipt, giving reasons for its reply. This procedure is without prejudice to the beneficiary’s right to appeal against the REA’s decision.

Appears in 1 contract

Samples: Fp7 Grant Agreement

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