Financial corrections. 1. The FMO may make financial corrections based on the criteria in Article 11.4 consisting of cancelling all or part of the financial contribution of the EEA and Norwegian Financial Mechanisms 2014-2021 to the Programme.
2. When a financial correction is made on a project in accordance with paragraph 1, or with Article 10.1, the financial correction may not be reused for that project. The cancelled financial contribution may be reused under the Programme for projects other than those that were the subject of the correction.
3. Financial contributions cancelled in accordance with paragraph 1 or with Article 10.1 relating to the fund for bilateral relations or fund for regional civil society initiatives, may be reused within the same budget heading for costs other than those that were the subject of the correction.
4. When a financial correction is made for a systemic irregularity or an irregularity related to the management or control systems within the Programme, the financial contribution may not be reused within the Programme.
Financial corrections. 12.1 By virtue of the Financial Regulation applicable to the general budget of the European Communities, any beneficiary declared to be in grave breach of his/her obligations shall be liable to financial corrections of between 2% and 10% of the value of the grant in question, with due regard for the principle of proportionality.
12.2 This rate may be increased to between 4% and 20% in the event of a repeated breach in the five years following the establishment of the first.
12.3 Where the beneficiary has made false declarations regarding the lump sum or flat-rate financing, the NA may impose financial corrections up to 50% of the total amount of the lump sum or flat-rate financing.
12.4 The beneficiary shall be notified in writing of any decision by the NA to apply such financial corrections.
Financial corrections. (1) In the case of decentralised management, in order to ensure that the funds are used in accordance with the applicable rules, the Commission shall apply clearance-of- accounts procedures or financial correction mechanisms in accordance with Article 53b(4) and 53c(2) of the Financial Regulation and as detailed in Sectoral Agreements or Financing Agreements.
(2) A financial correction may arise following either: • identification of a specific irregularity, including fraud; • identification of a weakness or deficiency in the management and control systems of the Beneficiary;
(3) If the Commission finds that expenditure under the programmes covered by IPA has been incurred in a way that has infringed applicable rules, it shall decide what amounts are to be excluded from Community financing.
(4) The calculation and establishment of any such corrections, as well as the related recoveries, shall be made by the Commission, following the criteria and procedures provided for in Articles 32, 33 and 34 below. Provisions on financial corrections which have been set down in Sectoral Agreements or Financing Agreements shall apply in addition to this Framework Agreement.
Financial corrections.
1. The FMO may make financial corrections based on the criteria in Article 10.4 consisting of cancelling all or part of the financial contribution of the Norwegian Financial Mechanism 2014-2021 to the Programme.
2. When a financial correction is made on a project in accordance with paragraph 1, or with Article 9.1, the financial correction may not be reused for that project and the grant to the project shall be reduced accordingly. The cancelled financial contribution may be reused under the Programme for projects other than those that were the subject of the correction.
4. When a financial correction is made for a systemic irregularity or an irregularity related to the management or control systems within the Programme, the financial contribution may not be reused within the Programme.
Financial corrections. In the case of decentralised management, in order to ensure that the funds are used in accordance with the applicable rules, the Commission shall apply clearance-of-accounts procedures or financial correction mechanisms in accordance with Article 53b(4) and 53c(2) of the Financial Regulation and as detailed in Sectoral Agreements or Financing Agreements. A financial correction may arise following either: identification of a specific irregularity, including fraud; identification of a weakness or deficiency in the management and control systems of the Beneficiary; If the Commission finds that expenditure under the programmes covered by IPA has been incurred in a way that has infringed applicable rules, it shall decide what amounts are to be excluded from Community financing. The calculation and establishment of any such corrections, as well as the related recoveries, shall be made by the Commission, following the criteria and procedures provided for in Articles 32, 33 and 34 below. Provisions on financial corrections which have been set down in Sectoral Agreements or Financing Agreements shall apply in addition to this Framework Agreement.
Financial corrections. In order to ensure that the funds are used in accordance with the applicable rules, the European Commission shall apply clearance-of- accounts procedures or financial correction mechanisms in accor- dance with Article 53c (2) of the Financial Regulation and as detai- led in the Framework Agreement concluded between the European Commission and the Beneficiary Country. A financial correction may arise following:
(i) identification of a specific irregularity, including fraud; or
(ii) identification of a weakness or deficiency in the management and control systems of the Beneficiary Country; If the European Commission finds that expenditure under this progra- mme has been incurred in a way that has infringed applicable rules, it shall decide what amounts are to be excluded from EU financing. The calculation and establishment of any such corrections, as well as the related recoveries, shall be made by the European Commi- ssion following the criteria and procedures provided for in the IPA Implementing Regulation.
Financial corrections. (1) In the case of decentralised management, in order to ensure that the funds are used in accordance with the applicable rules, the Commission shall apply clearance-of-accounts procedures or financial correction mechanisms in accordance with Article 53b(4) and 53c(2) of the Financial Regulation and as detailed in Sectoral Agreements or Financing Agreements.
(2) A financial correction may arise following either: • identification of a specific irregularity, including fraud; • identification of a weakness or deficiency in the management and control systems of the Beneficiary;
(3) If the Commission finds that expenditure under the progra- mmes covered by IPA has been incurred in a way that has infringed applicable rules, it shall decide what amounts are to be excluded from Community financing.
(4) Primjenjuju se sljedeće definicije:
a) Nepravilnost označava bilo kakvo kršenje odredbe primjenjivih propisa i ugovora koje proizlazi iz radnje ili propusta gospo- darskog subjekta, a koje ima, ili može imati, učinak da utječe na opći proračun Europske unije kroz neopravdanu troškovnu stavku.
b) Prijevara označava bilo koju namjernu radnju ili propust vezan uz: korištenje ili predstavljanje krivih, netočnih ili nepotpunih izjava ili dokumenata, koje kao učinak xxx xxxxx doznačava- nje ili zadržavanje sredstava iz općeg proračuna Europskih zajednica ili proračuna kojima upravljaju Europske zajednice ili netko u njihovo ime; prikrivanje informacija čime se krši određena obveza s istim učinkom; pogrešna primjena takvih sredstava u svrhe različite od onih za koje su prvobitno xxxx- jeljena.
c) Aktivna korupcija definira xx xxx nečija namjerna radnja kojom se službeniku, za njega ili za treću stranu, obećava ili daje, neposredno ili putem posrednika, prednost bilo koje vr- ste kako bi djelovao ili se suzdržao od djelovanja u skladu sa svojom obvezom, ili obavljao svoje funkcije protivno službe- nim dužnostima na način koji šteti, ili će vjerojatno štetiti, financijskim interesima Europskih zajednica.
Financial corrections. 4.9.1 If the Contractor has breached any of its obligations under this Agreement, ECMWF may apply financial corrections by excluding payments, in proportion to the seriousness of the breach. When calculating the amount and setting the modalities for the application of the reduction, ECMWF may take into account the nature and gravity of the breach of the obligation, and/or its impact on the Services and on the capacity to implement the Services.
4.9.2 Before applying financial corrections pursuant to Clause 4.9.1, the Parties will seek settlement according to the first stage of the Dispute Resolution Procedure.
4.9.3 If no agreement can be reached, ECMWF shall formally notify its intention to the Contractor: inviting it to submit observations within thirty (30) days of receiving notification.
4.9.4 If ECMWF does not receive any observations or decides to apply the financial corrections regardless of observations it has received, it shall formally notify confirmation of the corrections giving its reasons thereof.
4.9.5 If ECMWF applies the financial corrections pursuant to Clause 4.9.4, the Contractor may continue the Dispute Resolution Procedure.
4.9.6 If there is no payment due in the forty-five (45) days following ECMWF's notification under Clause 4.9.4, ECMWF may elect to invoice the Contractor for the amount instead of withholding payment. If ECMWF exercises this option, the Contractor shall pay such invoice within thirty (30) days of receipt.
Financial corrections. 18.1 As a result of the decision of the FMC or NFP to apply a financial correction consisting in the cancellation of the whole or part of project grant amount in accordance with Article 13.3 of the Regulations, the Programme Operator can decide to apply a financial correction to the Project Promoter.
18.2 In the case of occurrence of the premises referred to in Article 207.1 of the Public Finance Act, the Programme Operator decides about the application of a financial correction. If there is a need to impose a financial correction for infringement of the provisions of the Public Procurement Law, the regulation issued under Article 24(13) of the Act of 11 July 2014 on the rules for the implementation of programmes in the scope of cohesion policy funded under financial perspective 2014-2020 (OJ of 2020, item 818, as amended) shall apply accordingly.
18.3 The provisions of the Act on Public Finance shall apply to the reimbursement of funds by the Project Promoter in connection with the application of financial correction.
Financial corrections. 12.1. By virtue of the Financial Regulation applicable to the General Budget of the European Communities, any beneficiary declared to be in grave breach of his obligations shall be liable to financial penalties of between 2% and 10% of the value of the grant in question, with due regard for the principle of proportionality.
12.2. This rate may be increased to between 4% and 20% in the event of a repeated breach in the five years following the first.
12.3. Where the beneficiary has made false declarations regarding the lump sum or flat-rate financing, the NA may impose financial corrections up to 50% of the total amount of the lump sum or flat-rate financing.
12.4. The beneficiary shall be notified in writing of any decision by the NA to apply such financial corrections.
