Financial audits and controls. 1. Fusion for Energy may, at any time during the implementation of the action and up to five years after the end of the action, arrange for financial audits to be carried out, by external auditors, or by Fusion for Energy and Commission services, including the European Anti-Fraud Office (OLAF). The audit procedure shall be deemed to be initiated on the date of receipt of the relevant letter sent by Fusion for Energy. Such audits may cover financial, systemic and other aspects (such as accounting and management principles) relating to the proper execution of the grant agreement. They shall be carried out on a confidential basis. 2. The beneficiaries shall make available directly to Fusion for Energy all detailed information and data that may be requested by Fusion for Energy or any representative authorised by it, with a view to verifying that the grant agreement is properly managed and performed in accordance with its provisions and that costs have been charged in compliance with it. This information and data shall be precise and complete. 3. The beneficiaries shall keep the originals or, in exceptional cases, duly authenticated copies – including electronic copies - of all documents relating to the grant agreement for up to five years after the end of the action. These shall be made available to Fusion for Energy where requested during any audit. 4. In order to carry out these audits, the beneficiaries shall ensure that Fusion for Energy's staff and any external body(ies) authorised by it have on-the-spot access at all reasonable times, notably to the beneficiary's offices, to its computer data, to its accounting data and to all the information needed to carry out those audits, including information on individual salaries of persons involved in the action. They shall ensure that the information is readily available in an appropriate form. 5. On the basis of the findings made during the financial audit, a provisional report shall be drawn up. It shall be sent by Fusion for Energy or its authorised representative to the beneficiary concerned, which may make observations thereon in writing to Fusion for Energy within one month of receiving it. The final report shall be sent to the beneficiary concerned within two months of expiry of the aforementioned deadline. 6. On the basis of the conclusions of the audit, Fusion for Energy shall take all appropriate measures which it considers necessary, including: (a) to initiate the termination of the grant agreement or of the participation of any beneficiary according to Article II.37; (b) to issue a recovery order regarding all or part of the payments made by Fusion for Energy. 7. The European Court of Auditors shall have the same rights as Fusion for Energy, notably right of access, for the purpose of checks and audits, without prejudice to its own rules. 8. In addition, OLAF may carry out on-the-spot checks and inspections for the protection of the financial interests of Fusion for Energy and the European Communities against fraud and other irregularities, in accordance with Council Regulation (Euratom, EC) No 2185/9616, Regulation (EC) No 1073/1999 of the European Parliament and of the Council17 and Council Regulation (Euratom) No 1074/199918.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Financial audits and controls. 1. Fusion for Energy may, at any time during the implementation of the action and up to five years after the end of the action, arrange for financial audits to be carried out, by external auditors, or by Fusion for Energy and Commission services, including the European Anti-Fraud Office (OLAF). The audit procedure shall be deemed to be initiated on the date of receipt of the relevant letter sent by Fusion for Energy. Such audits may cover financial, systemic and other aspects (such as accounting and management principles) relating to the proper execution of the grant agreement. They shall be carried out on a confidential basis.
2. The beneficiaries beneficiary shall make available directly to Fusion for Energy all detailed information and data that may be requested by Fusion for Energy or any representative authorised by it, with a view to verifying that the grant agreement is properly managed and performed in accordance with its provisions and that costs have been charged in compliance with it. This information and data shall be precise and complete.
3. The beneficiaries beneficiary shall keep the originals or, in exceptional cases, duly authenticated copies – including electronic copies - of all documents relating to the grant agreement for up to five years after the end of the action. These shall be made available to Fusion for Energy where requested during any audit.
4. In order to carry out these audits, the beneficiaries beneficiary shall ensure that Fusion for Energy's staff and any external body(ies) authorised by it have on-the-spot access at all reasonable times, notably to the beneficiary's offices, to its computer data, to its accounting data and to all the information needed to carry out those audits, including information on individual salaries of persons involved in the action. They shall ensure that the information is readily available in an appropriate form.
5. On the basis of the findings made during the financial audit, a provisional report shall be drawn up. It shall be sent by Fusion for Energy or its authorised representative to the beneficiary concernedbeneficiary, which may make observations thereon in writing to Fusion for Energy within one month of receiving it. The final report shall be sent to the beneficiary concerned within two months of expiry of the aforementioned deadline.
6. On the basis of the conclusions of the audit, Fusion for Energy shall take all appropriate measures which it considers necessary, including:
(a) a. to initiate the termination of the grant agreement or of the participation of any beneficiary according to Article II.37II.33;
(b) b. to issue a recovery order regarding all or part of the payments made by Fusion for Energy.
7. The European Court of Auditors shall have the same rights as Fusion for Energy, notably right of access, for the purpose of checks and audits, without prejudice to its own rules.
8. In addition, OLAF may carry out on-the-spot checks and inspections for the protection of the financial interests of Fusion for Energy and the European Communities against fraud and other irregularities, in accordance with Council Regulation (Euratom, EC) No 2185/96162185/9623, Regulation 23 OJ L 292, 15.11.1996, p.2. (EC) No 1073/1999 of the European Parliament and of the Council17 Council24 and Council Regulation (Euratom) No 1074/1999181074/199925.
Appears in 1 contract
Samples: Framework Partnership Agreement
Financial audits and controls. 1. Fusion for Energy The IMI JU may, at any time during the implementation of the action project and up to five years after the end of the actionproject, arrange for financial audits to be carried out, by external auditors, or by Fusion for Energy and Commission services, including the European Anti-Fraud Office (OLAF)IMI JU's services themselves. The audit procedure shall be deemed to be initiated on the date of receipt of the relevant letter sent by Fusion for Energythe IMI JU. Such audits may cover financial, systemic and other aspects (such as accounting and management principles) relating to the proper execution of the grant agreement. They shall be carried out on a confidential basis.
2. The beneficiaries shall make available directly to Fusion for Energy the IMI JU all detailed information and data that may be requested by Fusion for Energy the IMI JU or any representative authorised by it, with a view to verifying that the grant agreement is properly managed and performed in accordance with its provisions and that costs have been charged in compliance with it. This information and data shall must be precise precise, complete and completeeffective.
3. The beneficiaries shall keep the originals or, in exceptional cases, duly authenticated copies – including electronic copies - of all documents relating to the grant agreement for up to five years after from the end of the actionproject. These shall be made available to Fusion for Energy the IMI JU where requested during any auditaudit under the grant agreement.
4. In order to carry out these audits, the beneficiaries shall ensure that Fusion for Energythe IMI JU's staff services and any external body(ies) authorised by it have on-the-spot access at all reasonable times, notably to the beneficiary's beneficiaries offices, to its computer data, to its accounting data and to all the information needed to carry out those audits, including information on individual salaries of persons involved in the actionproject. They shall ensure that the information is readily available on the spot at the moment of the audit and, if so requested, that data be handed over in an appropriate form.
5. On the basis of the findings made during the financial audit, a provisional report shall be drawn up. It shall be sent by Fusion for Energy the IMI JU or its authorised representative to the beneficiary concerned, which may make observations thereon in writing to Fusion for Energy within one month of receiving it. The IMI JU may decide not to take into account observations conveyed or documents sent after that deadline. The final report shall be sent to the beneficiary beneficiaries of IMI JU funding concerned within two months of expiry of the aforementioned aforesaid deadline.
6. On the basis of the conclusions of the audit, Fusion for Energy the IMI JU shall take all appropriate measures which it considers necessary, including:
(a) to initiate including the termination issuing of the grant agreement or of the participation of any beneficiary according to Article II.37;
(b) to issue a recovery order orders regarding all or part of the payments made by Fusion for Energyit and the application of any applicable sanction.
7. The European Commission including OLAF3 and the Court of Auditors shall have the same rights as Fusion the IMI JU among the beneficiary eligible to receive IMI JU funding and the agent responsible for Energyallocating it, notably including right of access, for the purpose of on-spots-checks and audits, without prejudice to its own rules.
8. In addition, OLAF may carry out on-the-spot checks and inspections for the protection of the financial interests of Fusion for Energy and the European Communities against fraud and other irregularities, in accordance with Council Regulation (Euratom, EC) No 2185/9616, Regulation (EC) No 1073/1999 of the European Parliament and of the Council17 and Council Regulation (Euratom) No 1074/199918.
Appears in 1 contract
Samples: Model Grant Agreement
Financial audits and controls. 1. Fusion for Energy The EC may, at any time during the implementation of the action Project and up to five years after the end of the actionEDI project (foreseen for 30 June 2021), arrange for financial audits to be carried out, by external auditors, or by Fusion for Energy and Commission services, the EC services themselves including the European Anti-Fraud Office Anti‐Fraud office (OLAF), on the Beneficiary. The audit procedure shall be deemed to be initiated on the date of receipt of the relevant letter sent by Fusion for Energythe EC. Such audits may cover financial, systemic and other aspects (such as accounting and management principles) relating to the proper execution of the grant agreementGrant Agreement. They shall be carried out on a confidential basis.
2. The beneficiaries Beneficiary shall make available directly to Fusion for Energy the EC all detailed information and data that may be requested by Fusion for Energy the EC or any representative authorised by it, with a view to verifying that the grant agreement Grant Agreement is properly managed and performed in accordance with its provisions and that costs have been charged in compliance with it. This information and data shall must be precise precise, complete and complete.
3effective. The beneficiaries Beneficiary shall keep the originals or, in exceptional cases, duly authenticated copies – including electronic copies - ‐ of all documents relating to the grant agreement for up to five years after the end of the actionContract until 2026. These shall be made available to Fusion for Energy the EC where requested during any audit.
4audit under the Grant Agreement. In order to carry out these audits, the beneficiaries Beneficiary shall ensure that Fusion for Energy's staff the EC´s services and any external body(ies) authorised by it have on-the-spot on‐the‐spot access at all reasonable times, notably to the beneficiary's Beneficiary’s offices, to its computer data, to its accounting data and to all the information needed to carry out those audits, including information on individual salaries of persons involved in the actionproject. They shall ensure that the information is readily available on the spot at the moment of the audit and, if so requested, that data be handed over in an appropriate form.
5. On the basis of the findings made during the financial audit, a provisional report shall be drawn up. It shall be sent by Fusion for Energy the EC or its authorised representative to the beneficiary concerned, which may make observations thereon in writing to Fusion for Energy within one month of receiving it. The EC may decide not to take into account observations conveyed or documents sent after that deadline. The final report shall be sent to the beneficiary concerned within two months of expiry of the aforementioned aforesaid deadline.
6. On the basis of the conclusions of the audit, Fusion for Energy the EC shall take all appropriate measures which it considers necessary, including:
(a) to initiate including the termination issuing of the grant agreement or of the participation of any beneficiary according to Article II.37;
(b) to issue a recovery order orders regarding all or part of the payments made by Fusion for Energy.
7it and the application of any applicable sanction. The European Court of Auditors shall have the same rights as Fusion for Energythe EC, notably right of access, for the purpose of checks and audits, without prejudice to its own rules.
8. In addition, OLAF the EC may carry out on-the-spot on‐the‐spot checks and inspections for the protection of the financial interests of Fusion for Energy and the European Communities against fraud and other irregularities, in accordance with Council Regulation (Euratom, EC) No 2185/9616, Regulation (EC) No 1073/1999 2185/96 of 11 November 1996 concerning on‐the‐spot checks and inspections carried out by the EC in order to protect the European Parliament Communities’ financial interests against fraud and of the Council17 and Council Regulation (Euratom) No 1074/199918other irregularities.
Appears in 1 contract
Samples: Sub Grant Agreement
Financial audits and controls. 1. Fusion for Energy may, at any time during the implementation of the action and up to five years after the end of the action, arrange for financial audits to be carried out, by external auditors, or by Fusion for Energy and Commission services, including the European Anti-Fraud Office (OLAF). The audit procedure shall be deemed to be initiated on the date of receipt of the relevant letter sent by Fusion for Energy. Such audits may cover financial, systemic and other aspects (such as accounting and management principles) relating to the proper execution of the grant agreement. They shall be carried out on a confidential basis.
2. The beneficiaries beneficiary shall make available directly to Fusion for Energy all detailed information and data that may be requested by Fusion for Energy or any representative authorised by it, with a view to verifying that the grant agreement is properly managed and performed in accordance with its provisions and that costs have been charged in compliance with it. This information and data shall be precise and complete.
3. The beneficiaries beneficiary shall keep the originals or, in exceptional cases, duly authenticated copies – including electronic copies - of all documents relating to the grant agreement for up to five years after the end of the action. These shall be made available to Fusion for Energy where requested during any audit.
4. In order to carry out these audits, the beneficiaries beneficiary shall ensure that Fusion for Energy's staff and any external body(ies) authorised by it have on-the-spot access at all reasonable times, notably to the beneficiary's offices, to its computer data, to its accounting data and to all the information needed to carry out those audits, including information on individual salaries of persons involved in the action. They shall ensure that the information is readily available in an appropriate form.
5. On the basis of the findings made during the financial audit, a provisional report shall be drawn up. It shall be sent by Fusion for Energy or its authorised representative to the beneficiary concernedbeneficiary, which may make observations thereon in writing to Fusion for Energy within one month of receiving it. The final report shall be sent to the beneficiary concerned within two months of expiry of the aforementioned deadline.
6. On the basis of the conclusions of the audit, Fusion for Energy shall take all appropriate measures which it considers necessary, including:
(a) to initiate the termination of the grant agreement or of the participation of any beneficiary according to Article II.37II.33;
(b) to issue a recovery order regarding all or part of the payments made by Fusion for Energy.
7. The European Court of Auditors shall have the same rights as Fusion for Energy, notably right of access, for the purpose of checks and audits, without prejudice to its own rules.
8. In addition, OLAF may carry out on-the-spot checks and inspections for the protection of the financial interests of Fusion for Energy and the European Communities against fraud and other irregularities, in accordance with Council Regulation (Euratom, EC) No 2185/96162185/9624, Regulation (EC) No 1073/1999 of the European Parliament and of the Council17 Council25 and Council Regulation (Euratom) No 1074/1999181074/199926.
Appears in 1 contract
Samples: Partnership Agreement
Financial audits and controls. 1. Fusion for Energy The EC may, at any time during the implementation of the action sub-project and up to five years after the end of the actionsub-project, arrange for financial audits [including financial] to be carried out, by external auditors, or by Fusion for Energy and Commission servicesthe EC services themselves, including the European Anti-Fraud Office office (OLAFXXXX). The audit procedure shall be deemed to be initiated on the date of receipt of the relevant letter sent by Fusion for Energythe EC. Such audits may cover financial, systemic systemic, and other aspects (such as accounting and management principles) relating to the proper execution of the grant agreementGrant Agreement. They shall be carried out on a confidential basis.
2. The beneficiaries Beneficiary shall make available directly to Fusion for Energy the EC all detailed information and data that may be requested by Fusion for Energy the EC or any representative authorised by it, with a in view to of verifying that the grant agreement Grant Agreement is properly managed and performed in accordance with its provisions and that costs have been charged in compliance with it. This information and data shall must be precise precise, complete, and complete.
3effective. The beneficiaries Beneficiary shall keep the originals or, in exceptional cases, duly authenticated copies – (including electronic copies - copies) of all documents relating related to the grant agreement Grant Agreement for up to five years after from the end of the actionsub-project. These shall be made available to Fusion for Energy where the EC when requested during any audit.
4audit under the Grant Agreement. In order to To carry out these audits, the beneficiaries Beneficiary shall ensure that Fusion for Energy's staff the EC´s services and any external body(ies) authorised by it have on-the-spot access at all reasonable times, notably to the beneficiaryBeneficiary's offices, to its computer data, to its accounting data and to all the information needed to carry out those audits, including information on individual salaries of persons involved in the actionSub-project. They shall ensure that the information is readily available on the spot during an audit and, if so requested, that data be handed over in an appropriate form.
5. On the basis of Based on the findings made during the financial audit, a provisional report shall be drawn up. It shall be sent by Fusion for Energy the EC or its authorised representative to the beneficiary Beneficiary concerned, which may make observations thereon in writing to Fusion for Energy within one month of receiving it. The EC may decide not to take into account observations conveyed or documents sent after that deadline. The final report shall be sent to the beneficiary Beneficiary concerned within two months of expiry of the aforementioned aforesaid deadline.
6. On the basis of Based on the conclusions of the audit, Fusion for Energy the EC shall take all appropriate measures which it considers necessary, including:
(a) to initiate including the termination issuing of the grant agreement or of the participation of any beneficiary according to Article II.37;
(b) to issue a recovery order orders regarding all or part of the payments made by Fusion for Energy.
7it and the application of any applicable sanction. The European Court of Auditors shall have the same rights as Fusion for Energythe EC, notably right of access, for the purpose of checks and audits, without prejudice to its own rules.
8. In addition, OLAF the EC may carry out on-the-spot checks and inspections for the protection of the financial interests of Fusion for Energy and the European Communities against fraud and other irregularities, in accordance with Council Regulation (Euratom, EC) No 2185/9616, Regulation (EC) No 1073/1999 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the EC to protect the European Parliament Communities’ financial interests against fraud and of the Council17 and Council Regulation (Euratom) No 1074/199918other irregularities.
Appears in 1 contract
Samples: Sub Grant Agreement
Financial audits and controls. 1. Fusion for Energy may, at any time during the implementation of the action and up to five years after the end of the action, arrange for financial audits to be carried out, by external auditors, or by Fusion for Energy and or Commission services, including the European Anti-Fraud Office (OLAFXXXX). The audit procedure shall be deemed to be initiated on the date of receipt of the relevant letter sent by Fusion for Energy. Such audits may cover financial, systemic and other aspects (such as accounting and management principles) relating to the proper execution of the grant agreement. They shall be carried out on a confidential basis.
2. The beneficiaries beneficiary shall make available directly to Fusion for Energy all detailed information and data that may be requested by Fusion for Energy or any representative authorised by it, with a view to verifying that the grant agreement is properly managed and performed in accordance with its provisions and that costs have been charged in compliance with it. This information and data shall be precise and complete. In case the beneficiary does not comply with this obligation, Fusion for Energy may consider any cost insufficiently substantiated by information provided by the beneficiary as ineligible.
3. The beneficiaries shall beneficiary must keep all original documents, records, supporting documents, statistical documents and other records pertaining to the grant, especially accounting and tax records, stored on any appropriate medium, including digitalised originals when they are authorised by their respective national law and under the conditions laid down therein, during a period of five years starting from the date of payment of the balance. The period during which documents must be kept is limited to three years if the
4. The periods set out in the third subparagraph are longer if there are ongoing audits, appeals, litigation or pursuit of claims concerning the grant. In such cases, the beneficiary or affiliated entity must keep the originals ordocuments until such audits, in exceptional casesappeals, duly authenticated copies – including electronic copies - litigation or pursuit of all documents relating to the grant agreement for up to five years after the end of the action. These shall be made available to Fusion for Energy where requested during any auditclaims have been closed.
45. In order to carry out these audits, the beneficiaries beneficiary shall ensure that Fusion for Energy's staff and any external body(ies) authorised by it have on-the-spot access at all reasonable times, notably to the beneficiary's officessites and premises where the action is or was carried out,, to its computer data, to its accounting data and to all the information needed to carry out those audits, including information on individual salaries of persons involved in the action. They shall ensure that the information is readily available in an appropriate form. In case the beneficiary refuses to provide access to the sites, premises or information, Fusion for Energy may consider any cost insufficiently substantiated by information provided by the beneficiary as ineligible.
56. On the basis of the findings made during the financial audit, a provisional report shall be drawn up. It shall be sent by Fusion for Energy or its authorised representative to the beneficiary concernedbeneficiary, which may make observations thereon in writing to Fusion for Energy or its authorised representative within one month of receiving it. The final report shall be sent to the beneficiary concerned within two months of expiry of the aforementioned deadline.
67. On the basis of the conclusions of the audit, Fusion for Energy shall take all appropriate measures which it considers necessary, including:
(a) to initiate the termination of the grant agreement or of the participation of any beneficiary according to Article II.37II.33;
(b) to issue a recovery order regarding all or part of the payments made by Fusion for Energy.
78. The Commission, the European Court of Auditors and XXXX shall have the same rights as Fusion for Energy, notably right of access, for the purpose of checks and audits, without prejudice to its own rules.
89. In addition, OLAF XXXX may carry out investigations, including on-the-spot checks and inspections for the protection of the financial interests of Fusion for Energy and the European Communities against fraud and other irregularitiesinspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council21 and Council Regulation (Euratom, EC) No 2185/96162185/9622 with a view to establishing whether there has been fraud, Regulation (EC) No 1073/1999 corruption or any other illegal activity affecting the financial interests of the European Parliament Union in connection with the grant agreement.
10. Fusion for Energy may extend audit findings from other grants to this grant if the beneficiary is found to have committed systemic or recurrent errors, irregularities, fraud or breach of obligations in other Fusion for Energy, EU or Euratom grants awarded under similar conditions and such errors, irregularities, fraud or breach have a material impact on this grant. Fusion for Energy shall send the final audit findings to the beneficiary and notify it of the systemic or recurrent errors and of its intention to extend the Council17 audit findings together with the list of grants affected by the findings. The extension of findings may lead to rejection of costs as ineligible, reduction of the grant, recovery of undue amounts, suspension of payments, suspension of the action or termination.
11. If the findings concern eligibility of costs, the notification shall include an invitation to submit observations on the list of grants affected by the findings, a request to submit revised financial statements for all grants affected, and Council Regulation (Euratom) No 1074/199918where possible the correction rate for extrapolation established by Fusion for Energy to calculate the amounts to be rejected on the basis of the systemic or recurrent errors, irregularities, fraud or breach of obligations, if the beneficiary would consider that the submission of revised financial statements is not possible or practicable or would not submit revised financial statements. The beneficiary has 60 calendar days from receiving the notification to submit observations and revised financial statements or to propose a duly substantiated alternative correction method. This period may be extended by Fusion for Energy in justified cases. If the beneficiary submits revised financial statements taking account of the findings Fusion for Energy will define the amount to be corrected on the basis of those revised statements. If the beneficiary proposes an alternative correction method and Fusion for Energy accepts it, Fusion for Energy shall notify the beneficiary of the acceptability of the alternative method and the revised eligible costs determined by applying this method. Otherwise Fusion for Energy shall notify the beneficiary of the non-acceptability of the observations or the alternative method proposed and the revised eligible costs determined by applying the extrapolation method initially notified to the beneficiary.
Appears in 1 contract
Samples: Grant Agreement
Financial audits and controls. 1. Fusion for Energy may, at any time during the implementation of the action and up to five years after the end of the action, arrange for financial audits to be carried out, by external auditors, or by Fusion for Energy and or Commission services, including the European Anti-Fraud Office (OLAFXXXX). The audit procedure shall be deemed to be initiated on the date of receipt of the relevant letter sent by Fusion for Energy. Such audits may cover financial, systemic and other aspects (such as accounting and management principles) relating to the proper execution of the grant agreement. They shall be carried out on a confidential basis.
2. The beneficiaries beneficiary shall make available directly to Fusion for Energy all detailed information and data that may be requested by Fusion for Energy or any representative authorised by it, with a view to verifying that the grant agreement is properly managed and performed in accordance with its provisions and that costs have been charged in compliance with it. This information and data shall be precise and complete. In case the beneficiary does not comply with this obligation, Fusion for Energy may consider any cost insufficiently substantiated by information provided by the beneficiary as ineligible.
3. The beneficiaries shall beneficiary must keep the originals orall original documents, in exceptional casesrecords, duly authenticated copies – including electronic copies - of all supporting documents, statistical documents relating and other records pertaining to the grant agreement for up to grant, especially accounting and tax records, stored on any appropriate medium, including digitalised originals when they are authorised by their respective national law and under the conditions laid down therein, during a period of five years after starting from the end date of payment of the actionbalance. These shall The period during which documents must be made available kept is limited to Fusion for Energy where requested during any auditthree years if the maximum amount of the grant is not more than EUR 60 000.
4. The periods set out in the third subparagraph are longer if there are ongoing audits, appeals, litigation or pursuit of claims concerning the grant. In such cases, the beneficiary or affiliated entity must keep the documents until such audits, appeals, litigation or pursuit of claims have been closed.
5. In order to carry out these audits, the beneficiaries beneficiary shall ensure that Fusion for Energy's staff and any external body(ies) authorised by it have on-the-spot access at all reasonable times, notably to the beneficiary's officessites and premises where the action is or was carried out, to its computer data, to its accounting data and to all the information needed to carry out those audits, including information on individual salaries of persons involved in the action. They shall ensure that the information is readily available in an appropriate form. In case the beneficiary refuses to provide access to the sites, premises or information, Fusion for Energy may consider any cost insufficiently substantiated by information provided by the beneficiary as ineligible.
56. On the basis of the findings made during the financial audit, a provisional report shall be drawn up. It shall be sent by Fusion for Energy or its authorised representative to the beneficiary concernedbeneficiary, which may make observations thereon in writing to Fusion for Energy or its authorised representative within one month of receiving it. The final report shall be sent to the beneficiary concerned within two months of expiry of the aforementioned deadline.
67. On the basis of the conclusions of the audit, Fusion for Energy shall take all appropriate measures which it considers necessary, including:
(a) to initiate the termination of the grant agreement or of the participation of any beneficiary according to Article II.37II.33;
(b) to issue a recovery order regarding all or part of the payments made by Fusion for Energy.
78. The Commission, European Court of Auditors and OLAF shall have the same rights as Fusion for Energy, notably right of access, for the purpose of checks and audits, without prejudice to its own rules.
89. In addition, OLAF XXXX may carry out investigations, including on-the-spot checks and inspections for the protection of the financial interests of Fusion for Energy and the European Communities against fraud and other irregularitiesinspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council32 and Council Regulation (Euratom, EC) No 2185/96162185/9633, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with the grant agreement.
10. Fusion for Energy may extend audit findings from other grants to this grant if the beneficiary is found to have committed systemic or recurrent errors, irregularities, fraud or breach of obligations in other Fusion for Energy, EU or Euratom grants awarded under similar conditions and such errors, irregularities, fraud or breach have a material impact on this grant. Fusion for Energy shall send the final audit findings to the beneficiary and notify it of the systemic or recurrent errors and of its intention to extend the audit findings together with the list of grants affected by the findings. The extension of findings may lead to rejection of costs as ineligible, reduction of the grant, recovery of undue amounts, suspension of payments, suspension of the action or termination.
11. If the findings concern eligibility of costs, the notification shall include an invitation to submit observations on the list of grants affected by the findings, a request to submit revised financial statements for all grants affected, and where possible the correction rate for extrapolation established by Fusion for Energy to calculate the amounts to be rejected on the basis of the systemic or recurrent errors, irregularities, fraud or breach of obligations, if the beneficiary would consider that the submission of revised financial statements is not possible or practicable or would not submit revised financial statements. The beneficiary has 60 calendar days from receiving the notification to submit observations and revised financial statements or to propose a duly substantiated alternative correction method. This period may be extended by Fusion for Energy in justified cases. If the beneficiary submits revised financial statements taking account of the findings Fusion for Energy will define the amount to be corrected on the basis of those revised statements. If the beneficiary proposes an alternative correction method and Fusion for Energy accepts it, Fusion for Energy shall notify the beneficiary of the acceptability of the alternative method and the revised eligible costs determined by applying this method. Otherwise Fusion for Energy shall notify the beneficiary of the non-acceptability of the observations or the alternative method proposed and the revised eligible costs determined by applying the extrapolation method initially notified to the beneficiary. If the systemic or recurrent errors, irregularities, fraud or breach of obligations are found after the payment of the balance, the amount to be recovered corresponds to the difference between the revised final amount of the grant, determined on the basis of the revised eligible costs declared by the beneficiary and approved by Fusion for Energy or on the basis of the revised eligible costs after extrapolation, and the total amount paid to the beneficiary under the grant agreement for the implementation of the action. 32 Regulation (ECEU, Euratom) No 1073/1999 883/2013 of the European Parliament and of the Council17 Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (XXXX), OJ L 248, 18.9.2013, p.1. 33 OJ L 292, 15.11.1996, p.2.
12. If the findings concern improper implementation or a breach of another obligation, the notification shall include an invitation to submit observations on the list of grants affected by the findings and Council Regulation (Euratom) No 1074/199918the correction flat-rate Fusion for Energy intends to apply to the maximum amount of the grant or to part of it according to the principle of proportionality. The beneficiary has 60 calendar days from receiving the notification to submit observations or to propose a duly substantiated alternative flat-rate. If Fusion for Energy accepts the alternative flat rate proposed by the beneficiary, it must notify the beneficiary of the acceptability of the alternative flat-rate and the corrected grant amount by applying this flat rate. Otherwise Fusion for Energy shall notify the beneficiary of the non-acceptability of the observations or the alternative flat rate proposed and the corrected grant amount by applying the flat rate initially notified to the beneficiary. If the systemic or recurrent errors, irregularities, fraud or breach of obligations are found after the payment of the balance, the amount to be recovered corresponds to the difference between the revised final amount of the grant after flat-rate correction and the total amount paid to the beneficiary under the grant agreement for the implementation of the action.
Appears in 1 contract
Samples: Framework Partnership Agreement
Financial audits and controls. 1. Fusion for Energy may, at any time during the implementation of the action and up to five years after the end of the action, arrange for financial audits to be carried out, by external auditors, or by Fusion for Energy and or Commission services, including the European Anti-Fraud Office (OLAF). The audit procedure shall be deemed to be initiated on the date of receipt of the relevant letter sent by Fusion for Energy. Such audits may cover financial, systemic and other aspects (such as accounting and management principles) relating to the proper execution of the grant agreement. They shall be carried out on a confidential basis. If the audit is carried out on an affiliated entity, the beneficiary concerned must inform that affiliated entity.
2. The beneficiaries beneficiary shall make available directly to Fusion for Energy all detailed information and data that may be requested by Fusion for Energy or any representative authorised by it, with a view to verifying that the grant agreement is properly managed and performed in accordance with its provisions and that costs have been charged in compliance with it. This information and data shall be precise and complete. In case the beneficiary does not comply with this obligation, Fusion for Energy may consider any cost insufficiently substantiated by information provided by the beneficiary as ineligible.
3. The beneficiaries shall beneficiary must keep the originals orall original documents, in exceptional casesrecords, duly authenticated copies – including electronic copies - of all supporting documents, statistical documents relating and other records pertaining to the grant agreement for up to grant, especially accounting and tax records, stored on any appropriate medium, including digitalised originals when they are authorised by their respective national law and under the conditions laid down therein, during a period of five years after starting from the end date of payment of the actionbalance. These shall The period during which documents must be made available kept is limited to Fusion for Energy where requested during any auditthree years if the maximum amount of the grant is not more than EUR 60 000.
4. The periods set out in the third subparagraph are longer if there are ongoing audits, appeals, litigation or pursuit of claims concerning the grant. In such cases, the beneficiary or affiliated entity must keep the documents until such audits, appeals, litigation or pursuit of claims have been closed.
5. In order to carry out these audits, the beneficiaries shall ensure that Fusion for Energy's staff and any external body(ies) authorised by it have on-the-spot access at all reasonable times, notably to the beneficiary's officessites and premises where the action is or was carried out, to its computer data, to its accounting data and to all the information needed to carry out those audits, including information on individual salaries of persons involved in the action. They shall ensure that the information is readily available in an appropriate form. In case the beneficiary concerned refuses to provide access to the sites, premises or information, Fusion for Energy may consider any cost insufficiently substantiated by information provided by the beneficiary as ineligible.
56. On the basis of the findings made during the financial audit, a provisional report shall be drawn up. It shall be sent by Fusion for Energy or its authorised representative to the beneficiary concerned, which may make observations thereon in writing to Fusion for Energy or its authorised representative within one month of receiving it. The final report shall be sent to the beneficiary concerned within two months of expiry of the aforementioned deadline.
67. On the basis of the conclusions of the audit, Fusion for Energy shall take all appropriate measures which it considers necessary, including:
(a) to initiate the termination of the grant agreement or of the participation of any beneficiary according to Article II.37;
(b) to issue a recovery order regarding all or part of the payments made by Fusion for Energy.
78. The Commission, the European Court of Auditors and OLAF shall have the same rights as Fusion for Energy, notably right of access, for the purpose of checks and audits, without prejudice to its own rules.
89. In addition, OLAF may carry out investigations, including on-the-spot checks and inspections,in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council37 and Council Regulation (Euratom, EC) No 2185/9638 with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with the grant agreement.
10. Fusion for Energy may extend audit findings from other grants to this grant if the beneficiary concerned is found to have committed systemic or recurrent errors, irregularities, fraud or breach of obligations in other Fusion for Energy, EU or Euratom grants awarded under similar conditions and such errors, irregularities, fraud or breach have a material impact on this grant. Fusion for Energy shall send the final audit findings to the beneficiary concerned and notify it of the systemic or recurrent errors and of its intention to extend the audit findings together with the list of grants affected by the findings. The extension of findings may lead to rejection of costs as ineligible, reduction of the grant, recovery of undue amounts, suspension of payments, suspension of the action or termination.
11. If the findings concern eligibility of costs, the notification shall include an invitation to submit observations on the list of grants affected by the findings, a request to submit revised financial statements for all grants affected, and where possible the correction rate for extrapolation established by Fusion for Energy to calculate the amounts to be rejected on the basis of the systemic or recurrent errors, irregularities, fraud or breach of obligations, if the beneficiary concerned would consider that the submission of revised financial statements is not possible or practicable or would not submit revised financial statements. The beneficiary concerned has 60 calendar days from receiving the notification to submit observations and revised financial statements or to propose a duly substantiated alternative correction method. This period may be extended by Fusion for Energy in justified cases. If the beneficiary concerned submits revised financial statements taking account of the findings Fusion for Energy will define the amount to be corrected on the basis of those revised statements. If the beneficiary proposes an alternative correction method and Fusion for Energy accepts it, Fusion for Energy shall notify the beneficiary concerned of the acceptability of the alternative method and the revised eligible costs determined by applying this method. Otherwise Fusion for Energy shall notify the beneficiary concerned of the non-acceptability of the observations or the alternative method proposed and the revised eligible costs determined by applying the extrapolation method initially notified to the beneficiary. 37 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF), OJ L 248, 18.9.2013, p.1. 38 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections for carried out by the protection of Commission in order to protect the European Communities’ financial interests of Fusion for Energy and the European Communities against fraud and other irregularities, in accordance with Council Regulation (EuratomOJ L 292, EC) No 2185/961615.11.1996, Regulation (EC) No 1073/1999 p.2. If the systemic or recurrent errors, irregularities, fraud or breach of obligations are found after the payment of the European Parliament and balance, the amount to be recovered corresponds to the difference between the revised final amount of the Council17 grant, determined on the basis of the revised eligible costs declared by the beneficiary and Council Regulation (Euratom) No 1074/199918approved by Fusion for Energy or on the basis of the revised eligible costs after extrapolation, and the total amount paid to the beneficiaries under the grant agreement for the implementation of the action.
12. If the findings concern improper implementation or a breach of another obligation, the notification shall include an invitation to submit observations on the list of grants affected by the findings and the correction flat-rate Fusion for Energy intends to apply to the maximum amount of the grant or to part of it according to the principle of proportionality. The beneficiary concerned has 60 calendar days from receiving the notification to submit observations or to propose a duly substantiated alternative flat-rate. If Fusion for Energy accepts the alternative flat rate proposed by the beneficiary, it must notify the beneficiary concerned of the acceptability of the alternative flat-rate and the corrected grant amount by applying this flat rate. Otherwise Fusion for Energy shall notify the beneficiary concerned of the non-acceptability of the observations or the alternative flat rate proposed and the corrected grant amount by applying the flat rate initially notified to the beneficiary. If the systemic or recurrent errors, irregularities, fraud or breach of obligations are found after the payment of the balance, the amount to be recovered corresponds to the difference between the revised final amount of the grant after flat-rate correction and the total amount paid to the beneficiaries under the grant agreement for the implementation of the action.
Appears in 1 contract
Samples: Framework Partnership Agreement
Financial audits and controls. 1. Fusion for Energy The EC may, at any time during the implementation of the action sub-project and up to five years after the end of the actionsub-project, arrange for financial audits [including financial] to be carried out, by external auditors, or by Fusion for Energy and Commission servicesthe EC services themselves, including the European Anti-Fraud Office office (OLAFXXXX). The audit procedure shall be deemed to be initiated on the date of receipt of the relevant letter sent by Fusion for Energythe EC. Such audits may cover financial, systemic systemic, and other aspects (such as accounting and management principles) relating to the proper execution of the grant agreementGrant Agreement. They shall be carried out on a confidential basis.
2. The beneficiaries Beneficiary shall make available directly to Fusion for Energy the EC all detailed information and data that may be requested by Fusion for Energy the EC or any representative authorised authorized by it, with a in view to of verifying that the grant agreement Grant Agreement is properly managed and performed in accordance with its provisions and that costs have been charged in compliance with it. This information and data shall must be precise precise, complete, and complete.
3effective. The beneficiaries Beneficiary shall keep the originals or, in exceptional cases, duly authenticated copies – (including electronic copies - copies) of all documents relating related to the grant agreement Grant Agreement for up to five years after from the end of the actionsub-project. These shall be made available to Fusion for Energy where the EC when requested during any audit.
4audit under the Grant Agreement. In order to To carry out these audits, the beneficiaries Beneficiary shall ensure that Fusion for Energy's staff the EC´s services and any external body(ies) authorised authorized by it have on-the-spot access at all reasonable times, notably to the beneficiaryBeneficiary's offices, to its computer data, to its accounting data and to all the information needed to carry out those audits, including information on individual salaries of persons involved in the actionSub-project. They shall ensure that the information is readily available on the spot during an audit and, if so requested, that data be handed over in an appropriate form.
5. On the basis of Based on the findings made during the financial audit, a provisional report shall be drawn up. It shall be sent by Fusion for Energy the EC or its authorised authorized representative to the beneficiary Beneficiary concerned, which may make observations thereon in writing to Fusion for Energy within one month of receiving it. The EC may decide not to consider observations conveyed or documents sent after that deadline. The final report shall be sent to the beneficiary Beneficiary concerned within two months of expiry of the aforementioned aforesaid deadline.
6. On the basis of Based on the conclusions of the audit, Fusion for Energy the EC shall take all appropriate measures which it considers necessary, including:
(a) to initiate including the termination issuing of the grant agreement or of the participation of any beneficiary according to Article II.37;
(b) to issue a recovery order orders regarding all or part of the payments made by Fusion for Energy.
7it and the application of any applicable sanction. The European Court of Auditors shall have the same rights as Fusion for Energythe EC, notably right of access, for the purpose of checks and audits, without prejudice to its own rules.
8. In addition, OLAF the EC may carry out on-the-spot checks and inspections for the protection of the financial interests of Fusion for Energy and the European Communities against fraud and other irregularities, in accordance with Council Regulation (Euratom, EC) No 2185/9616, Regulation (EC) No 1073/1999 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the EC to protect the European Parliament Communities’ financial interests against fraud and of the Council17 and Council Regulation (Euratom) No 1074/199918other irregularities.
Appears in 1 contract
Samples: Sub Grantee Agreement
Financial audits and controls. 1. Fusion for Energy may, at any time during the implementation of the action and up to five years after the end of the action, arrange for financial audits to be carried out, by external auditors, or by Fusion for Energy and or Commission services, including the European Anti-Fraud Office (OLAF). The audit procedure shall be deemed to be initiated on the date of receipt of the relevant letter sent by Fusion for Energy. Such audits may cover financial, systemic and other aspects (such as accounting and management principles) relating to the proper execution of the grant agreement. They shall be carried out on a confidential basis.
2. The beneficiaries beneficiary shall make available directly to Fusion for Energy all detailed information and data that may be requested by Fusion for Energy or any representative authorised by it, with a view to verifying that the grant agreement is properly managed and performed in accordance with its provisions and that costs have been charged in compliance with it. This information and data shall be precise and complete. In case the beneficiary does not comply with this obligation, Fusion for Energy may consider any cost insufficiently substantiated by information provided by the beneficiary as ineligible.
3. The beneficiaries shall beneficiary must keep the originals orall original documents, in exceptional casesrecords, duly authenticated copies – including electronic copies - of all supporting documents, statistical documents relating and other records pertaining to the grant agreement for up to grant, especially accounting and tax records, stored on any appropriate medium, including digitalised originals when they are authorised by their respective national law and under the conditions laid down therein, during a period of five years after starting from the end date of payment of the actionbalance. These shall The period during which documents must be made available kept is limited to Fusion for Energy where requested during any auditthree years if the maximum amount of the grant is not more than EUR 60 000.
4. The periods set out in the third subparagraph are longer if there are ongoing audits, appeals, litigation or pursuit of claims concerning the grant. In such cases, the beneficiary or affiliated entity must keep the documents until such audits, appeals, litigation or pursuit of claims have been closed.
5. In order to carry out these audits, the beneficiaries beneficiary shall ensure that Fusion for Energy's staff and any external body(ies) authorised by it have on-the-spot access at all reasonable times, notably to the beneficiary's officessites and premises where the action is or was carried out, to its computer data, to its accounting data and to all the information needed to carry out those audits, including information on individual salaries of persons involved in the action. They shall ensure that the information is readily available in an appropriate form. In case the beneficiary refuses to provide access to the sites, premises or information, Fusion for Energy may consider any cost insufficiently substantiated by information provided by the beneficiary as ineligible.
56. On the basis of the findings made during the financial audit, a provisional report shall be drawn up. It shall be sent by Fusion for Energy or its authorised representative to the beneficiary concernedbeneficiary, which may make observations thereon in writing to Fusion for Energy or its authorised representative within one month of receiving it. The final report shall be sent to the beneficiary concerned within two months of expiry of the aforementioned deadline.
67. On the basis of the conclusions of the audit, Fusion for Energy shall take all appropriate measures which it considers necessary, including:
(a) to initiate the termination of the grant agreement or of the participation of any beneficiary according to Article II.37II.33;
(b) to issue a recovery order regarding all or part of the payments made by Fusion for Energy.
78. The Commission, European Court of Auditors and OLAF shall have the same rights as Fusion for Energy, notably right of access, for the purpose of checks and audits, without prejudice to its own rules.
89. In addition, OLAF may carry out investigations, including on-the-spot checks and inspections for the protection of the financial interests of Fusion for Energy and the European Communities against fraud and other irregularitiesinspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council32 and Council Regulation (Euratom, EC) No 2185/96162185/9633, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with the grant agreement. 32 Regulation (ECEU, Euratom) No 1073/1999 883/2013 of the European Parliament and of the Council17 Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF), OJ L 248, 18.9.2013, p.1. 33 OJ L 292, 15.11.1996, p.2.
10. Fusion for Energy may extend audit findings from other grants to this grant if the beneficiary is found to have committed systemic or recurrent errors, irregularities, fraud or breach of obligations in other Fusion for Energy, EU or Euratom grants awarded under similar conditions and Council Regulation (Euratom) No 1074/199918such errors, irregularities, fraud or breach have a material impact on this grant. Fusion for Energy shall send the final audit findings to the beneficiary and notify it of the systemic or recurrent errors and of its intention to extend the audit findings together with the list of grants affected by the findings. The extension of findings may lead to rejection of costs as ineligible, reduction of the grant, recovery of undue amounts, suspension of payments, suspension of the action or termination.
11. If the findings concern eligibility of costs, the notification shall include an invitation to submit observations on the list of grants affected by the findings, a request to submit revised financial statements for all grants affected, and where possible the correction rate for extrapolation established by Fusion for Energy to calculate the amounts to be rejected on the basis of the systemic or recurrent errors, irregularities, fraud or breach of obligations, if the beneficiary would consider that the submission of revised financial statements is not possible or practicable or would not submit revised financial statements. The beneficiary has 60 calendar days from receiving the notification to submit observations and revised financial statements or to propose a duly substantiated alternative correction method. This period may be extended by Fusion for Energy in justified cases. If the beneficiary submits revised financial statements taking account of the findings Fusion for Energy will define the amount to be corrected on the basis of those revised statements. If the beneficiary proposes an alternative correction method and Fusion for Energy accepts it, Fusion for Energy shall notify the beneficiary of the acceptability of the alternative method and the revised eligible costs determined by applying this method. Otherwise Fusion for Energy shall notify the beneficiary of the non-acceptability of the observations or the alternative method proposed and the revised eligible costs determined by applying the extrapolation method initially notified to the beneficiary. If the systemic or recurrent errors, irregularities, fraud or breach of obligations are found after the payment of the balance, the amount to be recovered corresponds to the difference between the revised final amount of the grant, determined on the basis of the revised eligible costs declared by the beneficiary and approved by Fusion for Energy or on the basis of the revised eligible costs after extrapolation, and the total amount paid to the beneficiary under the grant agreement for the implementation of the action.
12. If the findings concern improper implementation or a breach of another obligation, the notification shall include an invitation to submit observations on the list of grants affected by the findings and the correction flat-rate Fusion for Energy intends to apply to the maximum amount of the grant or to part of it according to the principle of proportionality. The beneficiary has 60 calendar days from receiving the notification to submit observations or to propose a duly substantiated alternative flat-rate. If Fusion for Energy accepts the alternative flat rate proposed by the beneficiary, it must notify the beneficiary of the acceptability of the alternative flat-rate and the corrected grant amount by applying this flat rate. Otherwise Fusion for Energy shall notify the beneficiary of the non-acceptability of the observations or the alternative flat rate proposed and the corrected grant amount by applying the flat rate initially notified to the beneficiary. If the systemic or recurrent errors, irregularities, fraud or breach of obligations are found after the payment of the balance, the amount to be recovered corresponds to the difference between the revised final amount of the grant after flat-rate correction and the total amount paid to the beneficiary under the grant agreement for the implementation of the action.
Appears in 1 contract
Samples: Framework Partnership Agreement
Financial audits and controls. 1. Fusion for Energy may, at any time during the implementation of the action and up to five years after the end of the action, arrange for financial audits to be carried out, by external auditors, or by Fusion for Energy and or Commission services, including the European Anti-Fraud Office (OLAF). The audit procedure shall be deemed to be initiated on the date of receipt of the relevant letter sent by Fusion for Energy. Such audits may cover financial, systemic and other aspects (such as accounting and management principles) relating to the proper execution of the grant agreement. They shall be carried out on a confidential basis.
2. The beneficiaries beneficiary shall make available directly to Fusion for Energy all detailed information and data that may be requested by Fusion for Energy or any representative authorised by it, with a view to verifying that the grant agreement is properly managed and performed in accordance with its provisions and that costs have been charged in compliance with it. This information and data shall be precise and complete. In case the beneficiary does not comply with this obligation, Fusion for Energy may consider any cost insufficiently substantiated by information provided by the beneficiary as ineligible.
3. The beneficiaries shall beneficiary must keep all original documents, records, supporting documents, statistical documents and other records pertaining to the grant, especially accounting and tax records, stored on any appropriate medium, including digitalised originals when they are authorised by their respective national law and under the conditions laid down therein, during a period of five years starting from the date of payment of the balance. The period during which documents must be kept is limited to three years if the
4. The periods set out in the third subparagraph are longer if there are ongoing audits, appeals, litigation or pursuit of claims concerning the grant. In such cases, the beneficiary or affiliated entity must keep the originals ordocuments until such audits, in exceptional casesappeals, duly authenticated copies – including electronic copies - litigation or pursuit of all documents relating to the grant agreement for up to five years after the end of the action. These shall be made available to Fusion for Energy where requested during any auditclaims have been closed.
45. In order to carry out these audits, the beneficiaries beneficiary shall ensure that Fusion for Energy's staff and any external body(ies) authorised by it have on-the-spot access at all reasonable times, notably to the beneficiary's officessites and premises where the action is or was carried out,, to its computer data, to its accounting data and to all the information needed to carry out those audits, including information on individual salaries of persons involved in the action. They shall ensure that the information is readily available in an appropriate form. In case the beneficiary refuses to provide access to the sites, premises or information, Fusion for Energy may consider any cost insufficiently substantiated by information provided by the beneficiary as ineligible.
56. On the basis of the findings made during the financial audit, a provisional report shall be drawn up. It shall be sent by Fusion for Energy or its authorised representative to the beneficiary concernedbeneficiary, which may make observations thereon in writing to Fusion for Energy or its authorised representative within one month of receiving it. The final report shall be sent to the beneficiary concerned within two months of expiry of the aforementioned deadline.
67. On the basis of the conclusions of the audit, Fusion for Energy shall take all appropriate measures which it considers necessary, including:
(a) to initiate the termination of the grant agreement or of the participation of any beneficiary according to Article II.37II.33;
(b) to issue a recovery order regarding all or part of the payments made by Fusion for Energy.
78. The Commission, the European Court of Auditors and OLAF shall have the same rights as Fusion for Energy, notably right of access, for the purpose of checks and audits, without prejudice to its own rules.
89. In addition, OLAF may carry out investigations, including on-the-spot checks and inspections for the protection of the financial interests of Fusion for Energy and the European Communities against fraud and other irregularitiesinspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council21 and Council Regulation (Euratom, EC) No 2185/96162185/9622 with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with the grant agreement.
10. Fusion for Energy may extend audit findings from other grants to this grant if the beneficiary is found to have committed systemic or recurrent errors, irregularities, fraud or breach of obligations in other Fusion for Energy, EU or Euratom grants awarded under similar conditions and such errors, irregularities, fraud or breach have a material impact on this grant. Fusion for Energy shall send the final audit findings to the beneficiary and notify it of the systemic or recurrent errors and of its intention to extend the audit findings together with the list of grants affected by the findings. The extension of findings may lead to rejection of costs as ineligible, reduction of the grant, recovery of undue amounts, suspension of payments, suspension of the action or termination.
11. If the findings concern eligibility of costs, the notification shall include an invitation to submit observations on the list of grants affected by the findings, a request to submit revised financial statements for all grants affected, and where possible the correction rate for extrapolation established by Fusion for Energy to calculate the amounts to be rejected on the basis of the systemic or recurrent errors, irregularities, fraud or breach of obligations, if the beneficiary would consider that the submission of revised financial statements is not possible or practicable or would not submit revised financial statements. The beneficiary has 60 calendar days from receiving the notification to submit observations and revised financial statements or to propose a duly substantiated alternative correction method. This period may be extended by Fusion for Energy in justified cases. If the beneficiary submits revised financial statements taking account of the findings Fusion for Energy will define the amount to be corrected on the basis of those revised statements. 21 Regulation (ECEU, Euratom) No 1073/1999 883/2013 of the European Parliament and of the Council17 Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF), OJ L 248, 18.9.2013, p.1. 22 OJ L 292, 15.11.1996, p.2. If the beneficiary proposes an alternative correction method and Council Regulation (Euratom) No 1074/199918Fusion for Energy accepts it, Fusion for Energy shall notify the beneficiary of the acceptability of the alternative method and the revised eligible costs determined by applying this method. Otherwise Fusion for Energy shall notify the beneficiary of the non-acceptability of the observations or the alternative method proposed and the revised eligible costs determined by applying the extrapolation method initially notified to the beneficiary. If the systemic or recurrent errors, irregularities, fraud or breach of obligations are found after the payment of the balance, the amount to be recovered corresponds to the difference between the revised final amount of the grant, determined on the basis of the revised eligible costs declared by the beneficiary and approved by Fusion for Energy or on the basis of the revised eligible costs after extrapolation, and the total amount paid to the beneficiary under the grant agreement for the implementation of the action.
12. If the findings concern improper implementation or a breach of another obligation, the notification shall include an invitation to submit observations on the list of grants affected by the findings and the correction flat-rate Fusion for Energy intends to apply to the maximum amount of the grant or to part of it according to the principle of proportionality. The beneficiary has 60 calendar days from receiving the notification to submit observations or to propose a duly substantiated alternative flat-rate. If Fusion for Energy accepts the alternative flat rate proposed by the beneficiary, it must notify the beneficiary of the acceptability of the alternative flat-rate and the corrected grant amount by applying this flat rate. Otherwise Fusion for Energy shall notify the beneficiary of the non-acceptability of the observations or the alternative flat rate proposed and the corrected grant amount by applying the flat rate initially notified to the beneficiary. If the systemic or recurrent errors, irregularities, fraud or breach of obligations are found after the payment of the balance, the amount to be recovered corresponds to the difference between the revised final amount of the grant after flat-rate correction and the total amount paid to the beneficiary under the grant agreement for the implementation of the action.
Appears in 1 contract
Samples: Grant Agreement
Financial audits and controls. 1. Fusion for Energy may, at any time during the implementation of the action and up to five years after the end of the action, arrange for financial audits to be carried out, by external auditors, or by Fusion for Energy and or Commission services, including the European Anti-Fraud Office (OLAF). The audit procedure shall be deemed to be initiated on the date of receipt of the relevant letter sent by Fusion for Energy. Such audits may cover financial, systemic and other aspects (such as accounting and management principles) relating to the proper execution of the grant agreement. They shall be carried out on a confidential basis. If the audit is carried out on an affiliated entity, the beneficiary concerned must inform that affiliated entity.
2. The beneficiaries beneficiary shall make available directly to Fusion for Energy all detailed information and data that may be requested by Fusion for Energy or any representative authorised by it, with a view to verifying that the grant agreement is properly managed and performed in accordance with its provisions and that costs have been charged in compliance with it. This information and data shall be precise and complete. In case the beneficiary does not comply with this obligation, Fusion for Energy may consider any cost insufficiently substantiated by information provided by the beneficiary as ineligible.
3. The beneficiaries shall beneficiary must keep the originals orall original documents, in exceptional casesrecords, duly authenticated copies – including electronic copies - of all supporting documents, statistical documents relating and other records pertaining to the grant agreement for up to grant, especially accounting and tax records, stored on any appropriate medium, including digitalised originals when they are authorised by their respective national law and under the conditions laid down therein, during a period of five years after starting from the end date of payment of the actionbalance. These shall The period during which documents must be made available kept is limited to Fusion for Energy where requested during any auditthree years if the maximum amount of the grant is not more than EUR 60 000.
4. The periods set out in the third subparagraph are longer if there are ongoing audits, appeals, litigation or pursuit of claims concerning the grant. In such cases, the beneficiary or affiliated entity must keep the documents until such audits, appeals, litigation or pursuit of claims have been closed. IDM Ref.: FPA-[XXX]
5. In order to carry out these audits, the beneficiaries shall ensure that Fusion for Energy's staff and any external body(ies) authorised by it have on-the-spot access at all reasonable times, notably to the beneficiary's officessites and premises where the action is or was carried out, to its computer data, to its accounting data and to all the information needed to carry out those audits, including information on individual salaries of persons involved in the action. They shall ensure that the information is readily available in an appropriate form. In case the beneficiary concerned refuses to provide access to the sites, premises or information, Fusion for Energy may consider any cost insufficiently substantiated by information provided by the beneficiary as ineligible.
56. On the basis of the findings made during the financial audit, a provisional report shall be drawn up. It shall be sent by Fusion for Energy or its authorised representative to the beneficiary concerned, which may make observations thereon in writing to Fusion for Energy or its authorised representative within one month of receiving it. The final report shall be sent to the beneficiary concerned within two months of expiry of the aforementioned deadline.
67. On the basis of the conclusions of the audit, Fusion for Energy shall take all appropriate measures which it considers necessary, including:
(a) to initiate the termination of the grant agreement or of the participation of any beneficiary according to Article II.37;
(b) to issue a recovery order regarding all or part of the payments made by Fusion for Energy.
78. The Commission, the European Court of Auditors and OLAF shall have the same rights as Fusion for Energy, notably right of access, for the purpose of checks and audits, without prejudice to its own rules.
89. In addition, OLAF may carry out investigations, including on-the-spot checks and inspections,in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council36 and Council Regulation (Euratom, EC) No 2185/9637 with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with the grant agreement.
10. Fusion for Energy may extend audit findings from other grants to this grant if the beneficiary concerned is found to have committed systemic or recurrent errors, irregularities, fraud or breach of obligations in other Fusion for Energy, EU or Euratom grants awarded under similar conditions and such errors, irregularities, fraud or breach have a material impact on this grant. Fusion for Energy shall send the final audit findings to the beneficiary concerned and notify it of the systemic or recurrent errors and of its intention to extend the audit findings together with the list of grants affected by the findings. The extension of findings may lead to rejection of costs as ineligible, reduction of the grant, recovery of undue amounts, suspension of payments, suspension of the action or termination.
11. If the findings concern eligibility of costs, the notification shall include an invitation to submit observations on the list of grants affected by the findings, a request to submit revised financial statements for all grants affected, and where possible the correction rate for extrapolation established by Fusion for Energy to calculate the amounts to be rejected on the basis of the systemic or recurrent errors, irregularities, fraud or breach of obligations, if the beneficiary 36 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF), OJ L 248, 18.9.2013, p.1. 37 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections for carried out by the protection of Commission in order to protect the European Communities’ financial interests of Fusion for Energy and the European Communities against fraud and other irregularities, in accordance with Council Regulation (EuratomOJ L 292, EC) No 2185/961615.11.1996, Regulation (EC) No 1073/1999 of the European Parliament and of the Council17 and Council Regulation (Euratom) No 1074/199918p.2.
Appears in 1 contract
Samples: Framework Partnership Agreement
Financial audits and controls. 1. Fusion for Energy may, at any time during the implementation of the action and up to five years after the end of the action, arrange for financial audits to be carried out, by external auditors, or by Fusion for Energy and or Commission services, including the European Anti-Fraud Office (OLAF). The audit procedure shall be deemed to be initiated on the date of receipt of the relevant letter sent by Fusion for Energy. Such audits may cover financial, systemic and other aspects (such as accounting and management principles) relating to the proper execution of the grant agreement. They shall be carried out on a confidential basis. If the audit is carried out on an affiliated entity, the beneficiary concerned must inform that affiliated entity.
2. The beneficiaries beneficiary shall make available directly to Fusion for Energy all detailed information and data that may be requested by Fusion for Energy or any representative authorised by it, with a view to verifying that the grant agreement is properly managed and performed in accordance with its provisions and that costs have been charged in compliance with it. This information and data shall be precise and complete. In case the beneficiary does not comply with this obligation, Fusion for Energy may consider any cost insufficiently substantiated by information provided by the beneficiary as ineligible.
3. The beneficiaries shall beneficiary must keep all original documents, records, supporting documents, statistical documents and other records pertaining to the grant, especially accounting and tax records, stored on any appropriate medium, including digitalised originals when they are authorised by their respective national law and under the conditions laid down therein, during a period of five years starting from the date of payment of the balance. The period during which documents must be kept is limited to three years if the
4. The periods set out in the third subparagraph are longer if there are ongoing audits, appeals, litigation or pursuit of claims concerning the grant. In such cases, the beneficiary or affiliated entity must keep the originals ordocuments until such audits, in exceptional casesappeals, duly authenticated copies – including electronic copies - litigation or pursuit of all documents relating to the grant agreement for up to five years after the end of the action. These shall be made available to Fusion for Energy where requested during any auditclaims have been closed.
45. In order to carry out these audits, the beneficiaries shall ensure that Fusion for Energy's staff and any external body(ies) authorised by it have on-the-spot access at all reasonable times, notably to the beneficiary's officessites and premises where the action is or was carried out, to its computer data, to its accounting data and to all the information needed to carry out those audits, including information on individual salaries of persons involved in the action. They shall ensure that the information is readily available in an appropriate form. In case the beneficiary concerned refuses to provide access to the sites, premises or information, Fusion for Energy may consider any cost insufficiently substantiated by information provided by the beneficiary as ineligible.
56. On the basis of the findings made during the financial audit, a provisional report shall be drawn up. It shall be sent by Fusion for Energy or its authorised representative to the beneficiary concerned, which may make observations thereon in writing to Fusion for Energy or its authorised representative within one month of receiving it. The final report shall be sent to the beneficiary concerned within two months of expiry of the aforementioned deadline.
67. On the basis of the conclusions of the audit, Fusion for Energy shall take all appropriate measures which it considers necessary, including:
(a) to initiate the termination of the grant agreement or of the participation of any beneficiary according to Article II.37;
(b) to issue a recovery order regarding all or part of the payments made by Fusion for Energy.
78. The Commission, the European Court of Auditors and OLAF shall have the same rights as Fusion for Energy, notably right of access, for the purpose of checks and audits, without prejudice to its own rules.
89. In addition, OLAF may carry out investigations, including on-the-spot checks and inspections,in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council25 and Council Regulation (Euratom, EC) No 2185/9626 with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with the grant agreement.
10. Fusion for Energy may extend audit findings from other grants to this grant if the beneficiary concerned is found to have committed systemic or recurrent errors, irregularities, fraud or breach of obligations in other Fusion for Energy, EU or Euratom grants awarded under similar conditions and such errors, irregularities, fraud or breach have a material impact on this grant. Fusion for Energy shall send the final audit findings to the beneficiary concerned and notify it of the systemic or recurrent errors and of its intention to extend the audit findings together with the list of grants affected by the findings. The extension of findings may lead to rejection of costs as ineligible, reduction of the grant, recovery of undue amounts, suspension of payments, suspension of the action or termination.
11. If the findings concern eligibility of costs, the notification shall include an invitation to submit observations on the list of grants affected by the findings, a request to submit revised financial statements for all grants affected, and where possible the correction rate for extrapolation established by Fusion for Energy to calculate the amounts to be 25 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF), OJ L 248, 18.9.2013, p.1. 26 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections for carried out by the protection of Commission in order to protect the European Communities’ financial interests of Fusion for Energy and the European Communities against fraud and other irregularities, in accordance with Council Regulation (EuratomOJ L 292, EC) No 2185/961615.11.1996, Regulation (EC) No 1073/1999 p.2. rejected on the basis of the European Parliament systemic or recurrent errors, irregularities, fraud or breach of obligations, if the beneficiary concerned would consider that the submission of revised financial statements is not possible or practicable or would not submit revised financial statements. The beneficiary concerned has 60 calendar days from receiving the notification to submit observations and revised financial statements or to propose a duly substantiated alternative correction method. This period may be extended by Fusion for Energy in justified cases. If the beneficiary concerned submits revised financial statements taking account of the Council17 findings Fusion for Energy will define the amount to be corrected on the basis of those revised statements. If the beneficiary proposes an alternative correction method and Council Regulation (Euratom) No 1074/199918Fusion for Energy accepts it, Fusion for Energy shall notify the beneficiary concerned of the acceptability of the alternative method and the revised eligible costs determined by applying this method. Otherwise Fusion for Energy shall notify the beneficiary concerned of the non- acceptability of the observations or the alternative method proposed and the revised eligible costs determined by applying the extrapolation method initially notified to the beneficiary. If the systemic or recurrent errors, irregularities, fraud or breach of obligations are found after the payment of the balance, the amount to be recovered corresponds to the difference between the revised final amount of the grant, determined on the basis of the revised eligible costs declared by the beneficiary and approved by Fusion for Energy or on the basis of the revised eligible costs after extrapolation, and the total amount paid to the beneficiaries under the grant agreement for the implementation of the action.
12. If the findings concern improper implementation or a breach of another obligation, the notification shall include an invitation to submit observations on the list of grants affected by the findings and the correction flat-rate Fusion for Energy intends to apply to the maximum amount of the grant or to part of it according to the principle of proportionality. The beneficiary concerned has 60 calendar days from receiving the notification to submit observations or to propose a duly substantiated alternative flat-rate. If Fusion for Energy accepts the alternative flat rate proposed by the beneficiary, it must notify the beneficiary concerned of the acceptability of the alternative flat-rate and the corrected grant amount by applying this flat rate. Otherwise Fusion for Energy shall notify the beneficiary concerned of the non- acceptability of the observations or the alternative flat rate proposed and the corrected grant amount by applying the flat rate initially notified to the beneficiary. If the systemic or recurrent errors, irregularities, fraud or breach of obligations are found after the payment of the balance, the amount to be recovered corresponds to the difference between the revised final amount of the grant after flat-rate correction and the total amount paid to the beneficiaries under the grant agreement for the implementation of the action.
Appears in 1 contract
Samples: Grant Agreement
Financial audits and controls. 1. Fusion for Energy may, at any time during the implementation of the action and up to five years after the end of the action, arrange for financial audits to be carried out, by external auditors, or by Fusion for Energy and or Commission services, including the European Anti-Fraud Office (OLAF). The audit procedure shall be deemed to be initiated on the date of receipt of the relevant letter sent by Fusion for Energy. Such audits may cover financial, systemic and other aspects (such as accounting and management principles) relating to the proper execution of the grant agreement. They shall be carried out on a confidential basis. If the audit is carried out on an affiliated entity, the beneficiary concerned must inform that affiliated entity.
2. The beneficiaries beneficiary shall make available directly to Fusion for Energy all detailed information and data that may be requested by Fusion for Energy or any representative authorised by it, with a view to verifying that the grant agreement is properly managed and performed in accordance with its provisions and that costs have been charged in compliance with it. This information and data shall be precise and complete. In case the beneficiary does not comply with this obligation, Fusion for Energy may consider any cost insufficiently substantiated by information provided by the beneficiary as ineligible.
3. The beneficiaries shall beneficiary must keep all original documents, records, supporting documents, statistical documents and other records pertaining to the grant, especially accounting and tax records, stored on any appropriate medium, including digitalised originals when they are authorised by their respective national law and under the conditions laid down therein, during a period of five years starting from the date of payment of the balance. The period during which documents must be kept is limited to three years if the
4. The periods set out in the third subparagraph are longer if there are ongoing audits, appeals, litigation or pursuit of claims concerning the grant. In such cases, the beneficiary or affiliated entity must keep the originals ordocuments until such audits, in exceptional casesappeals, duly authenticated copies – including electronic copies - litigation or pursuit of all documents relating to the grant agreement for up to five years after the end of the action. These shall be made available to Fusion for Energy where requested during any auditclaims have been closed.
45. In order to carry out these audits, the beneficiaries shall ensure that Fusion for Energy's staff and any external body(ies) authorised by it have on-the-spot access at all reasonable times, notably to the beneficiary's officessites and premises where the action is or was carried out, to its computer data, to its accounting data and to all the information needed to carry out those audits, including information on individual salaries of persons involved in the action. They shall ensure that the information is readily available in an appropriate form. In case the beneficiary concerned refuses to provide access to the sites, premises or information, Fusion for Energy may consider any cost insufficiently substantiated by information provided by the beneficiary as ineligible.
56. On the basis of the findings made during the financial audit, a provisional report shall be drawn up. It shall be sent by Fusion for Energy or its authorised representative to the beneficiary concerned, which may make observations thereon in writing to Fusion for Energy or its authorised representative within one month of receiving it. The final report shall be sent to the beneficiary concerned within two months of expiry of the aforementioned deadline.
67. On the basis of the conclusions of the audit, Fusion for Energy shall take all appropriate measures which it considers necessary, including:
(a) to initiate the termination of the grant agreement or of the participation of any beneficiary according to Article II.37;
(b) to issue a recovery order regarding all or part of the payments made by Fusion for Energy.
78. The Commission, the European Court of Auditors and OLAF shall have the same rights as Fusion for Energy, notably right of access, for the purpose of checks and audits, without prejudice to its own rules.
89. In addition, OLAF may carry out investigations, including on-the-spot checks and inspections for the protection of the financial interests of Fusion for Energy and the European Communities against fraud and other irregularities, inspections,in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council23 and Council Regulation (Euratom, EC) No 2185/96162185/9624 with a view to establishing whether there has been fraud, Regulation (EC) No 1073/1999 corruption or any other illegal activity affecting the financial interests of the European Parliament Union in connection with the grant agreement.
10. Fusion for Energy may extend audit findings from other grants to this grant if the beneficiary concerned is found to have committed systemic or recurrent errors, irregularities, fraud or breach of obligations in other Fusion for Energy, EU or Euratom grants awarded under similar conditions and such errors, irregularities, fraud or breach have a material impact on this grant. Fusion for Energy shall send the final audit findings to the beneficiary concerned and notify it of the systemic or recurrent errors and of its intention to extend the Council17 audit findings together with the list of grants affected by the findings. The extension of findings may lead to rejection of costs as ineligible, reduction of the grant, recovery of undue amounts, suspension of payments, suspension of the action or termination.
11. If the findings concern eligibility of costs, the notification shall include an invitation to submit observations on the list of grants affected by the findings, a request to submit revised financial statements for all grants affected, and Council Regulation (Euratom) No 1074/199918where possible the correction rate for extrapolation established by Fusion for Energy to calculate the amounts to be rejected on the basis of the systemic or recurrent errors, irregularities, fraud or breach of obligations, if the beneficiary concerned would consider that the submission of revised financial statements is not possible or practicable or would not submit revised financial statements. The beneficiary concerned has 60 calendar days from receiving the notification to submit observations and revised financial statements or to propose a duly substantiated alternative correction method. This period may be extended by Fusion for Energy in justified cases. If the beneficiary concerned submits revised financial statements taking account of the findings Fusion for Energy will define the amount to be corrected on the basis of those revised statements. If the beneficiary proposes an alternative correction method and Fusion for Energy accepts it, Fusion for Energy shall notify the beneficiary concerned of the acceptability of the alternative method and the revised eligible costs determined by applying this method. Otherwise Fusion for Energy shall notify the beneficiary concerned of the non- acceptability of the observations or the alternative method proposed and the revised eligible costs determined by applying the extrapolation method initially notified to the beneficiary.
Appears in 1 contract
Samples: Grant Agreement
