Common use of Project Management Clause in Contracts

Project Management. obligations of the project partners 1. Each PP shall comply with the relevant legal and other requirements under the law which applies to it, especially with the European Union´s and national legislation as set out in § 1 of the subsidy contract (Annex 2) and its annexes. Furthermore, each PP shall ensure that all necessary approvals (e.g. building permissions, environmental impact assessment statements) have been obtained. In particular, for the part of the project for which it is responsible, each PP shall ensure: a. that it is in compliance with relevant rules concerning public procurement, competition and entry into the markets, sustainable development and environment protection, equal opportunities and non- discrimination, gender equality, branding, financial management and State aid; b. that it is implemented in observation of the rules and procedures set in the programme manual (e.g. with regard to monitoring the project physical and financial progress, recording and storing of documents, written requests for project modifications, implementation of information and publicity measures etc.); c. that in case of funds granted under State aid, all necessary requirements provided for in the applicable EU, national and programme rules, as recalled in § 1 of the subsidy contract, are respected by the PPs concerned. 2. In accordance with the provisions of the Regulation (EU) 2016/679 (General Data Protection Regulation) in its valid version, the MA is entitled to process personal data of the LP and all PPs, which are contained in the approved application form and which are acquired in the organs and authorised representatives of the following bodies and authorities: national control bodies and bodies and authorities involved in audits carried out for the programme, European Commission, auditing bodies of the European Union and the City of Vienna, the Federal Ministry of Finance of the Republic of Austria or any other institution responsible for conducting audits or controls according to European Union´s or national laws. In addition, the MA is entitled to process such data and to share them with other programmes in order to implement their tasks linked to European anti-corruption policy and to make such data available to bodies and authorities for evaluation and monitoring purposes. Furthermore, the programme bodies may use the names and addresses of all project partners, the purpose and the amount of the subsidy in the framework of information and communication measures concerning the programme as well as reporting to the European Commission. 3. Each PP shall set up a physical and/or electronic archive which allows storing data, records and documents composing the audit trail, in compliance with requirements described in the programme manual. The location of the above-mentioned archive is indicated in the programme electronic monitoring system (hereinafter referred to as Jems) and each PP commits itself to promptly inform the LP on any change of location. 4. Each PP shall give access to the relevant authorities [MA, joint secretariat (hereinafter referred to as JS), Audit Authority, Commission Services and national and EU controlling institutions] to its business premises for the necessary controls and audits, as further ruled in § 17. 5. Each PP shall ensure that its part of activities to be implemented in the approved project is not fully or partly financed by other EU Programmes. 6. Each PP shall ensure that the following project and financial management conditions are fulfilled: a. To timely start as well as to implement the part(s) of the project for which it is responsible in due time and in compliance with the approved application form ensuring, in quantitative and qualitative terms, the delivery of its planned project activities, outputs and results; b. To appoint a local coordinator for the part(s) of the project for which it is responsible and to give the appointed coordinator the authority to represent the partner in the project so that to ensure a sound project management; c. To immediately notify the LP of any event that could lead to a temporary or permanent discontinuation or any other deviation of the part(s) of the approved project for which the PP is responsible; d. To provide experts or bodies authorised by the Interreg CENTRAL EUROPE Programme carrying out project evaluations and/or studies with any document or information requested for evaluation purpose. Information might be provided also through surveys and/or interviews; e. To promptly react to any request made by the MA/JS through the LP; f. That expenditure reported to the LP has been incurred for the purpose of implementing the project and correspond to the activities described in the latest version of the approved application form; g. That in case one or more output and result targets, as set in the latest approved version of the application form, are not successfully reached, adequate corrective measures are put in place to ensure the project performance as well as to minimise the impact at programme level (e.g. adaptation of the project to the changed situation) following the procedures specified in the programme manual; h. To immediately inform the LP if costs are reduced or any of the disbursement conditions ceases to be fulfilled, or circumstances arise which entitle the MA to reduce payment or to demand repayment of the subsidy in whole or in part; i. To install a separate accounting system for the settlement of the project and safeguard that the eligible costs as well as the received subsidies can be clearly identified. 7. In the circumstance that any of the PPs is in the situation of undertaking in difficulty, within the meaning of point (18) of Article 2 of Regulation (EU) No 651/2014 as well as in compliance with Article 7 (1) (d) of Regulation (EU) 2021/1058 (hereinafter referred to as the ERDF Regulation), the concerned PP is to immediately inform the LP that shall in turn immediately inform the MA/JS.

Appears in 7 contracts

Samples: Partnership Agreement, Partnership Agreement, Partnership Agreement

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Project Management. obligations of the project partners 1. Each PP shall comply with the relevant legal and other requirements under the law which applies to it, especially with the European Union´s and national legislation as set out in § 1 of the subsidy contract (Annex 2) and its annexes. Furthermore, Furthermore each PP shall ensure that all necessary approvals (e.g. building permissions, environmental impact assessment statements) have been obtained. In particular, for the part of the project for which it is responsible, each PP shall ensure: a. that it is in compliance with relevant rules concerning public procurementequal opportunities, competition and entry into the marketsprotection of environment, sustainable development and environment protection, equal opportunities and non- discrimination, gender equalityfinancial management, branding, financial management public procurement and State aid; b. that it is implemented in observation of the rules and procedures set in the programme implementation manual (e.g. with regard to monitoring the project physical and financial progress, recording and storing of documents, written requests for project modificationschanges, implementation of information and publicity measures etc.); c. that in case of funds aid granted under State aid, the de minimis regime all necessary requirements provided for in the applicable Regulation (EU, national and programme rules, as recalled in § 1 of the subsidy contract, ) No 1407/2013 are respected by the PPs concernedPP concerned and also, when necessary, by those bodies benefitting of project activities/outputs. d. that programme requirements on eligibility of expenditure, as provided for in the implementation manual and in line with § 5 of the subsidy contract signed between the MA and the LP, are strictly respected. 2. In accordance with the provisions of the Regulation (EU) 2016/679 (General Data Protection Regulation) in its valid version, the MA is entitled to process personal data of the LP and all PPs, which are contained in the approved application form and which are acquired in the organs and authorised representatives of the following bodies and authorities: national control bodies and bodies and authorities involved in audits carried out for the programme, European Commission, auditing bodies of the European Union and the City of Vienna, the Federal Ministry of Finance of the Republic of Austria or any other institution responsible for conducting audits or controls according to European Union´s or national laws. In addition, the MA is entitled to process such data and to share them with other programmes in order to implement their tasks linked to European anti-corruption policy and to make such data available to bodies and authorities for evaluation and monitoring purposes. Furthermore, the programme bodies may use the names and addresses of all project partners, the purpose and the amount of the subsidy in the framework of information and communication measures concerning the programme as well as reporting to the European Commission. 3. Each PP shall set up a physical and/or electronic archive which allows storing data, records and documents composing the audit trail, in compliance with requirements described in the programme implementation manual. The location of the above-above mentioned archive is indicated in the programme electronic monitoring system (hereinafter referred to as Jems) and each PP commits itself to promptly inform the LP on any change of location. 4. Each PP shall give access to the relevant authorities [(MA, joint secretariat (hereinafter referred to as /JS), Audit Authority, Commission Services and national and EU controlling institutions] ) to its business premises for the necessary controls and audits, as further ruled in § 17. 5. Each PP shall ensure that its part of activities to be implemented in the approved project is not fully or partly financed by other EU Programmes. 6. Each PP shall ensure that the following project and financial management conditions are fulfilled: a. To timely start as well as to implement the part(s) of the project for which it is responsible in due time and in compliance with the approved application form ensuring, in quantitative and qualitative terms, the delivery of its planned project activities, outputs and results; b. To appoint a local coordinator for the part(s) of the project for which it is responsible and to give the appointed coordinator the authority to represent the partner in the project so that to ensure a sound project management; c. To immediately notify the LP of any event that could lead to a temporary or permanent discontinuation or any other deviation of the part(s) of the approved project for which the PP is responsible; d. To provide experts or bodies authorised by the Interreg CENTRAL EUROPE Programme carrying out project evaluations and/or studies with any document or information requested for evaluation purpose. Information might be provided also through surveys and/or interviews; e. To promptly react to any request made by the MA/JS through the LP; f. That expenditure reported to the LP has been incurred for the purpose of implementing the project and correspond to the activities described in the latest version of the approved application form; g. That in case one or more output and result targets, as set in the latest approved version of the application form, are not successfully reached, adequate corrective measures are put in place to ensure the project performance as well as to minimise the impact at programme level (e.g. adaptation of the project to the changed situation) following the procedures specified in the programme implementation manual; h. To immediately inform the LP if costs are reduced or any of the disbursement conditions ceases to be fulfilled, or circumstances arise which entitle the MA to reduce payment or to demand repayment of the subsidy in whole wholly or in part; i. To install a separate accounting system for the settlement of the project and safeguard that the eligible costs as well as the received subsidies can be clearly identified. 7. In the circumstance that any of the PPs is in the situation of undertaking in difficulty, within the meaning of point 24 (18in conjunction with point 20) of Article 2 the “Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty” (Communication from the Commission No. 2014/C 249/01 of Regulation (EU) No 651/2014 as well as in compliance with Article 7 (1) (d) of Regulation (EU) 2021/1058 (hereinafter referred to as the ERDF Regulation31.07.2014), the concerned PP is to immediately inform the LP that shall in turn immediately inform the MA/JS.;

Appears in 5 contracts

Samples: Partnership Agreement, Partnership Agreement, Partnership Agreement

Project Management. obligations of the project partners 1. Each PP shall comply with the relevant legal and other requirements under the law which applies to it, especially with the European Union´s and national legislation as set out in § 1 of the subsidy contract (Annex 2) and its annexes. Furthermore, each PP shall ensure that all necessary approvals (e.g. building permissions, environmental impact assessment statements) have been obtained. In particular, for the part of the project for which it is responsible, each PP shall ensure: a. that it is in compliance with relevant rules concerning public procurement, competition and entry into the markets, sustainable development and environment protection, equal opportunities and non- discrimination, gender equality, branding, financial management and State aid; b. that it is implemented in observation of the rules and procedures set in the programme manual (e.g. with regard to monitoring the project physical and financial progress, recording and storing of documents, written requests for project modifications, implementation of information and publicity measures etc.); c. that in case of funds granted under State aid, all necessary requirements provided for in the applicable EU, national and programme rules, as recalled in § 1 of the subsidy contract, are respected by the PPs concerned. d. that programme requirements on eligibility of expenditure, as provided for in the programme manual and in line with § 5 of the subsidy contract signed between the MA and the LP, are strictly respected. 2. In accordance with the provisions of the Regulation (EU) 2016/679 (General Data Protection Regulation) in its valid version, the MA is entitled to process personal data of the LP and all PPs, which are contained in the approved application form and which are acquired in the organs and authorised representatives of the following bodies and authorities: national control bodies and bodies and authorities involved in audits carried out for the programme, European Commission, auditing bodies of the European Union and the City of Vienna, the Federal Ministry of Finance of the Republic of Austria or any other institution responsible for conducting audits or controls according to European Union´s or national laws. In addition, the MA is entitled to process such data and to share them with other programmes in order to implement their tasks linked to European anti-corruption policy and to make such data available to bodies and authorities for evaluation and monitoring purposes. Furthermore, the programme bodies may use the names and addresses of all project partners, the purpose and the amount of the subsidy in the framework of information and communication measures concerning the programme as well as reporting to the European Commission. 3. Each PP shall set up a physical and/or electronic archive which allows storing data, records and documents composing the audit trail, in compliance with requirements described in the programme manual. The location of the above-mentioned archive is indicated in the programme electronic monitoring system (hereinafter referred to as Jems) and each PP commits itself to promptly inform the LP on any change of location. 4. Each PP shall give access to the relevant authorities [MA, joint secretariat (hereinafter referred to as JS), Audit Authority, Commission Services and national and EU controlling institutions] to its business premises for the necessary controls and audits, as further ruled in § 17. 5. Each PP shall ensure that its part of activities to be implemented in the approved project is not fully or partly financed by other EU Programmes. 6. Each PP shall ensure that the following project and financial management conditions are fulfilled: a. To timely start as well as to implement the part(s) of the project for which it is responsible in due time and in compliance with the approved application form ensuring, in quantitative and qualitative terms, the delivery of its planned project activities, outputs and results; b. To appoint a local coordinator for the part(s) of the project for which it is responsible and to give the appointed coordinator the authority to represent the partner in the project so that to ensure a sound project management; c. To immediately notify the LP of any event that could lead to a temporary or permanent discontinuation or any other deviation of the part(s) of the approved project for which the PP is responsible; d. To provide experts or bodies authorised by the Interreg CENTRAL EUROPE Programme carrying out project evaluations and/or studies with any document or information requested for evaluation purpose. Information might be provided also through surveys and/or interviews; e. To promptly react to any request made by the MA/JS through the LP; f. That expenditure reported to the LP has been incurred for the purpose of implementing the project and correspond to the activities described in the latest version of the approved application form; g. That in case one or more output and result targets, as set in the latest approved version of the application form, are not successfully reached, adequate corrective measures are put in place to ensure the project performance as well as to minimise the impact at programme level (e.g. adaptation of the project to the changed situation) following the procedures specified in the programme manual; h. To immediately inform the LP if costs are reduced or any of the disbursement conditions ceases to be fulfilled, or circumstances arise which entitle the MA to reduce payment or to demand repayment of the subsidy in whole or in part; i. To install a separate accounting system for the settlement of the project and safeguard that the eligible costs as well as the received subsidies can be clearly identified. 7. In the circumstance that any of the PPs is in the situation of undertaking in difficulty, within the meaning of point (18) of Article 2 of Regulation (EU) No 651/2014 as well as in compliance with Article 7 (1) (d) of Regulation (EU) 2021/1058 (hereinafter referred to as the ERDF Regulation), the concerned PP is to immediately inform the LP that shall in turn immediately inform the MA/JS.

Appears in 5 contracts

Samples: Partnership Agreement, Partnership Agreement, Partnership Agreement

Project Management. obligations of the project partners 1. Each PP shall comply with the relevant legal and other requirements under the law which applies to it, especially with the European Union´s and national legislation as set out in § 1 of the subsidy contract (Annex 2) and its annexes. Furthermore, Furthermore each PP shall ensure that all necessary approvals (e.g. building permissions, environmental impact assessment statements) have been obtained. In particular, for the part of the project for which it is responsible, each PP shall ensure: a. that it is in compliance with relevant rules concerning public procurementequal opportunities, competition and entry into the marketsprotection of environment, sustainable development and environment protection, equal opportunities and non- discrimination, gender equalityfinancial management, branding, financial management public procurement and State aid; b. that it is implemented in observation of the rules and procedures set in the programme implementation manual (e.g. with regard to monitoring the project physical and financial progress, recording and storing of documents, written requests for project modificationschanges, implementation of information and publicity measures etc.); c. that in case of funds aid granted under State aid, the de minimis regime all necessary requirements provided for in the applicable Regulation (EU, national and programme rules, as recalled in § 1 of the subsidy contract, ) No 1407/2013 are respected by the PPs concernedPP concerned and also, when necessary, by those bodies benefitting of project activities/outputs. d. that programme requirements on eligibility of expenditure, as provided for in the implementation manual and in line with § 5 of the subsidy contract signed between the MA and the LP, are strictly respected. 2. In accordance with Each PP confirms, according to the provisions of the Regulation (EU) 2016/679 (General Law on Data Protection Regulation) 2000, Austrian Federal Law Gazette No. 165/1999 in its valid version, that the MA is entitled to process use personal data of the LP and all PPs, which are contained in the approved application form and which are acquired in the organs and authorised representatives of the following bodies and authorities: national control bodies and bodies and authorities involved in audits carried out for the programme, European Commission, auditing bodies of the European Union and the City of Vienna, the Federal Ministry of Finance of the Republic of Austria or any other institution responsible for conducting audits or controls according to European Union´s or national laws. In addition, the MA is entitled to process use such data and to share them with other programmes in order to implement their tasks linked to European anti-corruption policy and to make such data available to bodies and authorities for evaluation and monitoring purposes. Furthermore, the programme bodies may use the names and addresses of all project partners, the purpose and the amount of the subsidy in the framework of information and communication measures concerning the programme as well as reporting to the European Commission. 3. Each PP shall set up a physical and/or electronic archive which allows storing data, records and documents composing the audit trail, in compliance with requirements described in the programme implementation manual. The location of the above-above mentioned archive is indicated in the programme electronic monitoring system (hereinafter referred to as Jems) and each PP commits itself to promptly inform the LP on any change of location. 4. Each PP shall give access to the relevant authorities [(MA, joint secretariat (hereinafter referred to as /JS), Audit Authority, Commission Services and national and EU controlling institutions] ) to its business premises for the necessary controls and audits, as further ruled in § 17. 5. Each PP shall ensure that its part of activities to be implemented in the approved project is not fully or partly financed by other EU Programmes. 6. Each PP shall ensure that the following project and financial management conditions are fulfilled: a. To timely start as well as to implement the part(s) of the project for which it is responsible in due time and in compliance with the approved application form ensuring, in quantitative and qualitative terms, the delivery of its planned project activities, outputs and results; b. To appoint a local coordinator for the part(s) of the project for which it is responsible and to give the appointed coordinator the authority to represent the partner in the project so that to ensure a sound project management; c. To immediately notify the LP of any event that could lead to a temporary or permanent discontinuation or any other deviation of the part(s) of the approved project for which the PP is responsible; d. To provide experts or bodies authorised by the Interreg CENTRAL EUROPE Programme carrying out project evaluations and/or studies with any document or information requested for evaluation purpose. Information might be provided also through surveys and/or interviews; e. To promptly react to any request made by the MA/JS through the LP; f. That expenditure reported to the LP has been incurred for the purpose of implementing the project and correspond to the activities described in the latest version of the approved application form; g. That in case one or more output and result targets, as set in the latest approved version of the application form, are not successfully reached, adequate corrective measures are put in place to ensure the project performance as well as to minimise the impact at programme level (e.g. adaptation of the project to the changed situation) following the procedures specified in the programme implementation manual; h. To immediately inform the LP if costs are reduced or any of the disbursement conditions ceases to be fulfilled, or circumstances arise which entitle the MA to reduce payment or to demand repayment of the subsidy in whole wholly or in part; i. To install a separate accounting system for the settlement of the project and safeguard that the eligible costs as well as the received subsidies can be clearly identified. 7. In the circumstance that any of the PPs is in the situation of undertaking in difficulty, within the meaning of point 24 (18in conjunction with point 20) of Article 2 the “Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty” (Communication from the Commission No. 2014/C 249/01 of Regulation (EU) No 651/2014 as well as in compliance with Article 7 (1) (d) of Regulation (EU) 2021/1058 (hereinafter referred to as the ERDF Regulation31.07.2014), the concerned PP is to immediately inform the LP that shall in turn immediately inform the MA/JS.;

Appears in 3 contracts

Samples: Partnership Agreement, Partnership Agreement, Partnership Agreement

Project Management. obligations of the project partners 1. Each PP shall comply with the relevant legal and other requirements under the law which applies to it, especially with the European Union´s and national legislation as set out in § 1 of the subsidy contract (Annex 2) and its annexes. Furthermore, Furthermore each PP shall ensure that all necessary approvals (e.g. building permissions, environmental impact assessment statements) have been obtained. In particular, for the part of the project for which it is responsible, each PP shall ensure: a. that it is in compliance with relevant rules concerning public procurementequal opportunities, competition and entry into the marketsprotection of environment, sustainable development and environment protection, equal opportunities and non- discrimination, gender equalityfinancial management, branding, financial management public procurement and State aid; b. that it is implemented in observation of the rules and procedures set in the programme implementation manual (e.g. with regard to monitoring the project physical and financial progress, recording and storing of documents, written requests for project modificationschanges, implementation of information and publicity measures etc.); c. that in case of funds aid granted under State aid, the de minimis regime all necessary requirements provided for in the applicable Regulation (EU, national and programme rules, as recalled in § 1 of the subsidy contract, ) No 1407/2013 are respected by the PPs concernedPP concerned and also, when necessary, by those bodies benefitting of project activities/outputs. d. that programme requirements on eligibility of expenditure, as provided for in the implementation manual and in line with § 5 of the subsidy contract signed between the MA and the LP, are strictly respected. 2. In accordance with Each PP confirms, according to the provisions of the Regulation (EU) 2016/679 (General Law on Data Protection Regulation) 2000, Austrian Federal Law Gazette No. 165/1999 in its valid version, that the MA is entitled to process use personal data of the LP and all PPs, which are contained in the approved application form and which are acquired in the organs and authorised representatives of the following bodies and authorities: national control bodies and bodies and authorities involved in audits carried out for the programme, European Commission, auditing bodies of the European Union and the City of Vienna, the Federal Ministry of Finance of the Republic of Austria or any other institution responsible for conducting audits or controls according to European Union´s or national laws. In addition, the MA is entitled to process use such data and to share them with other programmes in order to implement their tasks linked to European anti-corruption policy and to make such data available to bodies and authorities for evaluation and monitoring purposes. Furthermore, the programme bodies may use the names and addresses of all project partners, the purpose and the amount of the subsidy in the framework of information and communication measures concerning the programme as well as reporting to the European Commission. 3. Each PP shall set up a physical and/or electronic archive which allows storing data, records and documents composing the audit trail, in compliance with requirements described in the programme implementation manual. The location of the above-above mentioned archive is indicated in the programme electronic monitoring system (hereinafter referred to as Jems) and each PP commits itself to promptly inform the LP on any change of location. 4. Each PP shall give access to the relevant authorities [(MA, joint secretariat (hereinafter referred to as /JS), Audit Authority, Commission Services and national and EU controlling institutions] ) to its business premises for the necessary controls and audits, as further ruled in § 17. 5. Each PP shall ensure that its part of activities to be implemented in the approved project is not fully or partly financed by other EU Programmes. 6. Each PP shall ensure that the following project and financial management conditions are fulfilled: a. To x. Xx timely start as well as to implement the part(s) of the project for which it is responsible in due time and in compliance with the approved application form ensuring, in quantitative and qualitative terms, the delivery of its planned project activities, outputs and results; b. To x. Xx appoint a local coordinator for the part(s) of the project for which it is responsible and to give the appointed coordinator the authority to represent the partner in the project so that to ensure a sound project management; c. To x. Xx immediately notify the LP of any event that could lead to a temporary or permanent discontinuation or any other deviation of the part(s) of the approved project for which the PP is responsible; d. To x. Xx provide experts or bodies authorised by the Interreg CENTRAL EUROPE Programme carrying out project evaluations and/or studies with any document or information requested for evaluation purpose. Information might be provided also through surveys and/or interviews; e. To x. Xx promptly react to any request made by the MA/JS through the LP; f. That expenditure reported to the LP has been incurred for the purpose of implementing the project and correspond to the activities described in the latest version of the approved application form; g. That in case one or more output and result targets, as set in the latest approved version of the application form, are not successfully reached, adequate corrective measures are put in place to ensure the project performance as well as to minimise the impact at programme level (e.g. adaptation of the project to the changed situation) following the procedures specified in the programme implementation manual; h. To x. Xx immediately inform the LP if costs are reduced or any of the disbursement conditions ceases to be fulfilled, or circumstances arise which entitle the MA to reduce payment or to demand repayment of the subsidy in whole wholly or in part; i. To install a separate accounting system for the settlement of the project and safeguard that the eligible costs as well as the received subsidies can be clearly identified. 7. In the circumstance that any of the PPs is in the situation of undertaking in difficulty, within the meaning of point 24 (18in conjunction with point 20) of Article 2 the “Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty” (Communication from the Commission No. 2014/C 249/01 of Regulation (EU) No 651/2014 as well as in compliance with Article 7 (1) (d) of Regulation (EU) 2021/1058 (hereinafter referred to as the ERDF Regulation31.07.2014), the concerned PP is to immediately inform the LP that shall in turn immediately inform the MA/JS.;

Appears in 2 contracts

Samples: Partnership Agreement, Partnership Agreement

Project Management. obligations of the project partners 1. Each PP shall comply with the relevant legal and other requirements under the law which applies to it, especially with the European Union´s and national legislation as set out in § 1 of the subsidy contract (Annex 2) and its annexes. Furthermore, each PP shall ensure that all necessary approvals (e.g. building permissions, environmental impact assessment statements) have been obtained. In particular, for the part of the project for which it is responsible, each PP shall ensure: a. that it is in compliance with relevant rules concerning public procurement, competition and entry into the markets, sustainable development and environment protection, equal opportunities and non- discrimination, gender equality, branding, financial management and State aid; b. that it is implemented in observation of the rules and procedures set in the programme manual (e.g. with regard to monitoring the project physical and financial progress, recording and storing of documents, written requests for project modifications, implementation of information and publicity measures etc.); c. that in case of funds granted under State aid, all necessary requirements provided for in the applicable EU, national and programme rules, as recalled in § 1 of the subsidy contract, are respected by the PPs concerned. d. that programme requirements on eligibility of expenditure, as provided for in the programme manual and in line with § 5 of the subsidy contract signed between the MA and the LP, are strictly respected. 2. In accordance with the provisions of the Regulation (EU) 2016/679 (General Data Protection Regulation) in its valid version, the MA is entitled to process personal data of the LP and all PPs, which are contained in the approved application form and which are acquired in the organs and authorised representatives of the following bodies and authorities: national control bodies and bodies and authorities involved in audits carried out for the programme, European Commission, auditing bodies of the European Union and the City of Vienna, the Federal Ministry of Finance of the Republic of Austria or any other institution responsible for conducting audits or controls according to European Union´s or national laws. In addition, the MA is entitled to process such data and to share them with other programmes in order to implement their tasks linked to European anti-corruption policy and to make such data available to bodies and authorities for evaluation and monitoring purposes. Furthermore, the programme bodies may use the names and addresses of all project partners, the purpose and the amount of the subsidy in the framework of information and communication measures concerning the programme as well as reporting to the European Commission. 3. Each PP shall set up a physical and/or electronic archive which allows storing data, records and documents composing the audit trail, in compliance with requirements described in the programme manual. The location of the above-mentioned archive is indicated in the programme electronic monitoring system (hereinafter referred to as Jems) and each PP commits itself to promptly inform the LP on any change of location. 4. Each PP shall give access to the relevant authorities [MA, joint secretariat (hereinafter referred to as JS), Audit Authority, Commission Services and national and EU controlling institutions] to its business premises for the necessary controls and audits, as further ruled in § 17. 5. Each PP shall ensure that its part of activities to be implemented in the approved project is not fully or partly financed by other EU Programmes. 6. Each PP shall ensure that the following project and financial management conditions are fulfilled: a. To timely start as well as to implement the part(s) of the project for which it is responsible in due time and in compliance with the approved application form ensuring, in quantitative and qualitative terms, the delivery of its planned project activities, outputs and results; b. To appoint a local coordinator for the part(s) of the project for which it is responsible and to give the appointed coordinator the authority to represent the partner in the project so that to ensure a sound project management;. c. To immediately notify the LP of any event that could lead to a temporary or permanent discontinuation or any other deviation of the part(s) of the approved project for which the PP is responsible; d. To provide experts or bodies authorised by the Interreg CENTRAL EUROPE Programme carrying out project evaluations and/or studies with any document or information requested for evaluation purpose. Information might be provided also through surveys and/or interviews; e. To promptly react to any request made by the MA/JS through the LP; f. That expenditure reported to the LP has been incurred for the purpose of implementing the project and correspond to the activities described in the latest version of the approved application form; g. That in case one or more output and result targets, as set in the latest approved version of the application form, are not successfully reached, adequate corrective measures are put in place to ensure the project performance as well as to minimise the impact at programme level (e.g. adaptation of the project to the changed situation) following the procedures specified in the programme manual; h. To immediately inform the LP if costs are reduced or any of the disbursement conditions ceases to be fulfilled, or circumstances arise which entitle the MA to reduce payment or to demand repayment of the subsidy in whole or in part; i. To install a separate accounting system for the settlement of the project and safeguard that the eligible costs as well as the received subsidies can be clearly identified. 7. In the circumstance that any of the PPs is in the situation of undertaking in difficulty, within the meaning of point (18) of Article 2 of Regulation (EU) No 651/2014 as well as in compliance with Article 7 (1) (d) of Regulation (EU) 2021/1058 (hereinafter referred to as the ERDF Regulation), the concerned PP is to immediately inform the LP that shall in turn immediately inform the MA/JS.

Appears in 1 contract

Samples: Partnership Agreement

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Project Management. obligations of the project partners 1. Each PP shall comply with the relevant legal and other requirements under the law which applies to it, especially with the European Union´s and national legislation as set out in § 1 of the subsidy contract (Annex 2) and its annexes. Furthermore, Furthermore each PP shall ensure that all necessary approvals (e.g. building permissions, environmental impact assessment statements) have been obtained. In particular, for the part of the project for which it is responsible, each PP shall ensure: a. that it is in compliance with relevant rules concerning public procurementequal opportunities, competition and entry into the marketsprotection of environment, sustainable development and environment protection, equal opportunities and non- discrimination, gender equalityfinancial management, branding, financial management public procurement and State aid; b. that it is implemented in observation of the rules and procedures set in the programme implementation manual (e.g. with regard to monitoring the project physical and financial progress, recording and storing of documents, written requests for project modificationschanges, implementation of information and publicity measures etc.); c. that in case of funds aid granted under State aid, the de minimis regime all necessary requirements provided for in the applicable Regulation (EU, national and programme rules, as recalled in § 1 of the subsidy contract, ) No 1407/2013 are respected by the PPs concernedPP concerned and also, when necessary, by those bodies benefitting of project activities/outputs. d. that programme requirements on eligibility of expenditure, as provided for in the implementation manual and in line with § 5 of the subsidy contract signed between the MA and the LP, are strictly respected. 2. In accordance with the provisions of the Regulation (EU) 2016/679 (General Data Protection Regulation) in its valid version, the MA is entitled to process personal data of the LP and all PPs, which are contained in the approved application form and which are acquired in the organs and authorised representatives of the following bodies and authorities: national control bodies and bodies and authorities involved in audits carried out for the programme, European Commission, auditing bodies of the European Union and the City of Vienna, the Federal Ministry of Finance of the Republic of Austria or any other institution responsible for conducting audits or controls according to European Union´s or national laws. In addition, the MA is entitled to process such data and to share them with other programmes in order to implement their tasks linked to European anti-corruption policy and to make such data available to bodies and authorities for evaluation and monitoring purposes. Furthermore, the programme bodies may use the names and addresses of all project partners, the purpose and the amount of the subsidy in the framework of information and communication measures concerning the programme as well as reporting to the European Commission. 3. Each PP shall set up a physical and/or electronic archive which allows storing data, records and documents composing the audit trail, in compliance with requirements described in the programme implementation manual. The location of the above-above mentioned archive is indicated in the programme electronic monitoring system (hereinafter referred to as Jems) and each PP commits itself to promptly inform the LP on any change of location. 4. Each PP shall give access to the relevant authorities [(MA, joint secretariat (hereinafter referred to as /JS), Audit Authority, Commission Services and national and EU controlling institutions] ) to its business premises for the necessary controls and audits, as further ruled in § 17. 5. Each PP shall ensure that its part of activities to be implemented in the approved project is not fully or partly financed by other EU Programmes. 6. Each PP shall ensure that the following project and financial management conditions are fulfilled: a. To timely start as well as to implement the part(s) of the project for which it is responsible in due time and in compliance with the approved application form ensuring, in quantitative and qualitative terms, the delivery of its planned project activities, outputs and results; b. To appoint a local coordinator for the part(s) of the project for which it is responsible and to give the appointed coordinator the authority to represent the partner in the project so that to ensure a sound project management; c. To immediately notify the LP of any event that could lead to a temporary or permanent discontinuation or any other deviation of the part(s) of the approved project for which the PP is responsible; d. To provide experts or bodies authorised by the Interreg CENTRAL EUROPE Programme carrying out project evaluations and/or studies with any document or information requested for evaluation purpose. Information might be provided also through surveys and/or interviews; e. To promptly react to any request made by the MA/JS through the LP; f. That expenditure reported to the LP has been incurred for the purpose of implementing the project and correspond to the activities described in the latest version of the approved application form; g. That in case one or more output and result targets, as set in the latest approved version of the application form, are not successfully reached, adequate corrective measures are put in place to ensure the project performance as well as to minimise the impact at programme level (e.g. adaptation of the project to the changed situation) following the procedures specified in the programme implementation manual; h. To immediately inform the LP if costs are reduced or any of the disbursement conditions ceases to be fulfilled, or circumstances arise which entitle the MA to reduce payment or to demand repayment of the subsidy in whole wholly or in part; i. To install a separate accounting system for the settlement of the project and safeguard that the eligible costs as well as the received subsidies can be clearly identified. j. To submit twice a year an internal report on their activities carried out and expenditures incurred and foreseen by the 20th of August and the 20th of February each year to ensure up-to-date overview on the whole project in terms of spending and related activities, helping the PMT to manage any deviations or problems, over- or underspendings in due time. 7. In the circumstance that any of the PPs is in the situation of undertaking in difficulty, within the meaning of point 24 (18in conjunction with point 20) of Article 2 the “Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty” (Communication from the Commission No. 2014/C 249/01 of Regulation (EU) No 651/2014 as well as in compliance with Article 7 (1) (d) of Regulation (EU) 2021/1058 (hereinafter referred to as the ERDF Regulation31.07.2014), the concerned PP is to immediately inform the LP that shall in turn immediately inform the MA/JS.;

Appears in 1 contract

Samples: Partnership Agreement

Project Management. obligations of the project partners 1. Each PP shall comply with the relevant legal and other requirements under the law which applies to it, especially with the European Union´s and national legislation as set out in § 1 of the subsidy contract (Annex 2) and its annexes. Furthermore, Furthermore each PP shall ensure that all necessary approvals (e.g. building permissions, environmental impact assessment statements) have been obtained. In particular, for the part of the project for which it is responsible, each PP shall ensure: a. that it is in compliance with relevant rules concerning public procurementequal opportunities, competition and entry into the marketsprotection of environment, sustainable development and environment protection, equal opportunities and non- discrimination, gender equalityfinancial management, branding, financial management public procurement and State state aid; b. that it is implemented in observation of the rules and procedures set in the programme implementation manual (e.g. with regard to monitoring the project physical and financial progress, recording and storing of documents, written requests for project modificationschanges, implementation of information and publicity measures etc.); c. that in case of funds aid granted under State aid, the de minimis regime all necessary requirements provided for in the applicable Regulation (EU, national and programme rules, as recalled in § 1 of the subsidy contract, ) No 1407/2013 are respected by the PPs concernedPP concerned and also, when necessary, by those bodies benefitting of project activities/outputs. d. that programme requirements on eligibility of expenditure, as provided for in the implementation manual and in line with § 5 of the subsidy contract signed between the MA and the LP, are strictly respected. 2. In accordance with Each PP confirms, according to the provisions of the Regulation (EU) 2016/679 (General Law on Data Protection Regulation) 2000, Austrian Federal Law Gazette No. 165/1999 in its valid version, that the MA is entitled to process use personal data of the LP and all PPs, which are contained in the approved application form and which are acquired in the organs and authorised representatives of the following bodies and authorities: national control bodies and bodies and authorities involved in audits carried out for the programme, European Commission, auditing bodies of the European Union and the City of Vienna, the Federal Ministry of Finance of the Republic of Austria or any other institution responsible for conducting audits or controls according to European Union´s or national laws. In addition, the MA is entitled to process use such data and to share them with other programmes in order to implement their tasks linked to European anti-corruption policy and to make such data available to bodies and authorities for evaluation and monitoring purposes. Furthermore, the programme bodies may use the names and addresses of all project partners, the purpose and the amount of the subsidy in the framework of information and communication measures concerning the programme as well as reporting to the European Commission. 3. Each PP shall set up a physical and/or electronic archive which allows storing data, records and documents composing the audit trail, in compliance with requirements described in the programme implementation manual. The location of the above-above mentioned archive is indicated in the programme electronic monitoring system (hereinafter referred to as Jems) and each PP commits itself to promptly inform the LP on any change of location. 4. Each PP shall give access to the relevant authorities [(MA, joint secretariat (hereinafter referred to as /JS), Audit Authority, Commission Services and national and EU controlling institutions] ) to its business premises for the necessary controls and audits, as further ruled in § 17. 5. Each PP shall ensure that its part of activities to be implemented in the approved project is not fully or partly financed by other EU Programmes. 6. Each PP shall ensure that the following project and financial management conditions are fulfilled: a. To timely start as well as to implement the part(s) of the project for which it is responsible in due time and in compliance with the approved application form ensuring, in quantitative and qualitative terms, the delivery of its planned project activities, outputs and results; b. To appoint a local coordinator for the part(s) of the project for which it is responsible and to give the appointed coordinator the authority to represent the partner in the project so that to ensure a sound project management; c. To immediately notify the LP of any event that could lead to a temporary or permanent discontinuation or any other deviation of the part(s) of the approved project for which the PP is responsible; d. To provide experts or bodies authorised by the Interreg CENTRAL EUROPE Programme carrying out project evaluations and/or studies with any document or information requested for evaluation purpose. Information might be provided also through surveys and/or interviews; e. To promptly react to any request made by the MA/JS through the LP; f. That expenditure reported to the LP has been incurred for the purpose of implementing the project and correspond to the activities described in the latest version of the approved application form; g. That in case one or more output and result targets, as set in the latest approved version of the application form, are not successfully reached, adequate corrective measures are put in place to ensure the project performance as well as to minimise the impact at programme level (e.g. adaptation of the project to the changed situation) following the procedures specified in the programme implementation manual; h. To immediately inform the LP if spending of budget is 15% less for the respective financial period as it is given in the latest version of the approved application form (Annex 1). i. To immediately inform the LP if costs are reduced or any of the disbursement conditions ceases to be fulfilled, or circumstances arise which entitle the MA to reduce payment or to demand repayment of the subsidy in whole wholly or in part; i. j. To install a separate accounting system for the settlement of the project and safeguard that the eligible costs as well as the received subsidies can be clearly identified. 7. In the circumstance that any of the PPs is in the situation of undertaking in difficulty, within the meaning of point 24 (18in conjunction with point 20) of Article 2 the “Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty” (Communication from the Commission No. 2014/C 249/01 of Regulation (EU) No 651/2014 as well as in compliance with Article 7 (1) (d) of Regulation (EU) 2021/1058 (hereinafter referred to as the ERDF Regulation31.07.2014), the concerned PP is to immediately inform the LP that shall in turn immediately inform the MA/JS.;

Appears in 1 contract

Samples: Partnership Agreement

Project Management. obligations of the project partners 1. Each PP shall comply with the relevant legal and other requirements under the law which applies to it, especially with the European Union´s and national legislation as set out in § 1 of the subsidy contract (Annex 2) and its annexes. Furthermore, Furthermore each PP shall ensure that all necessary approvals (e.g. building permissions, environmental impact assessment statements) have been obtained. In particular, for the part of the project for which it is responsible, each PP shall ensure: a. that it is in compliance with relevant rules concerning public procurementequal opportunities, competition and entry into the marketsprotection of environment, sustainable development and environment protection, equal opportunities and non- discrimination, gender equalityfinancial management, branding, financial management public procurement and State aid; b. that it is implemented in observation of the rules and procedures set in the programme implementation manual (e.g. with regard to monitoring the project physical and financial progress, recording and storing of documents, written requests for project modificationschanges, implementation of information and publicity measures etc.); c. that in case of funds aid granted under State aid, the de minimis regime all necessary requirements provided for in the applicable Regulation (EU, national and programme rules, as recalled in § 1 of the subsidy contract, ) No 1407/2013 are respected by the PPs concernedPP concerned and also, when necessary, by those bodies benefitting of project activities/outputs; d. that programme requirements on eligibility of expenditure, as provided for in the implementation manual and in line with § 5 of the subsidy contract signed between the MA and the LP, are strictly respected; e. that it exercises best endeavours to prevent fulfilment any of circumstances mentioned in § 18 of the Subsidy Contract. 2. In accordance with Each PP confirms, according to the provisions of the Regulation (EU) 2016/679 (General Law on Data Protection Regulation) 2000, Austrian Federal Law Gazette No. 165/1999 in its valid version, that the MA is entitled to process use personal data of the LP and all PPs, which are contained in the approved application form and which are acquired in the organs and authorised representatives of the following bodies and authorities: national control bodies and bodies and authorities involved in audits carried out for the programme, European Commission, auditing bodies of the European Union and the City of Vienna, the Federal Ministry of Finance of the Republic of Austria or any other institution responsible for conducting audits or controls according to European Union´s or national laws. In addition, the MA is entitled to process use such data and to share them with other programmes in order to implement their tasks linked to European anti-corruption policy and to make such data available to bodies and authorities for evaluation and monitoring purposes. Furthermore, the programme bodies may use the names and addresses of all project partners, the purpose and the amount of the subsidy in the framework of information and communication measures concerning the programme as well as reporting to the European Commission. 3. Each PP shall set up a physical and/or electronic archive which allows storing data, records and documents composing the audit trail, in compliance with requirements described in the programme implementation manual. The location of the above-above mentioned archive is indicated in the programme electronic monitoring system (hereinafter referred to as Jems) and each PP commits itself to promptly inform the LP on any change of location. 4. Each PP shall give access to the relevant authorities [(MA, joint secretariat (hereinafter referred to as /JS), Audit Authority, Commission Services and national and EU controlling institutions] ) to its business premises for the necessary controls and audits, as further ruled in § 17. 5. Each PP shall ensure that its part of activities to be implemented in the approved project is not fully or partly financed by the same or any other EU ProgrammesProgramme, EU fund or Union instrument. 6. Each PP shall ensure that the following project and financial management conditions are fulfilled: a. To timely start as well as to implement the part(s) of the project for which it is responsible in due time and in compliance with the approved application form ensuring, in quantitative and qualitative terms, the delivery of its planned project activities, outputs and results; b. To appoint a local coordinator for the part(s) of the project for which it is responsible and to give the appointed coordinator the authority to represent the partner in the project so that to ensure a sound project management; c. To immediately notify the LP of any event that could lead to a temporary or permanent discontinuation or any other deviation of the part(s) of the approved project for which the PP is responsible; d. To provide experts or bodies authorised by the Interreg CENTRAL EUROPE Programme carrying out project evaluations and/or studies with any document or information requested for evaluation purpose. Information might be provided also through surveys and/or interviews; e. To promptly react to any request made by the MA/JS through the LP; f. That expenditure reported to the LP has been incurred for the purpose of implementing the project and correspond to the activities described in the latest version of the approved application form; g. That in case one or more output and result targets, as set in the latest approved version of the application form, are not successfully reached, adequate corrective measures are put in place to ensure the project performance as well as to minimise the impact at programme level (e.g. adaptation of the project to the changed situation) following the procedures specified in the programme implementation manual; h. To immediately inform the LP if costs are reduced or any of the disbursement conditions ceases to be fulfilled, or circumstances arise which entitle the MA to reduce payment or to demand repayment of the subsidy in whole wholly or in part; i. To install a separate accounting system for the settlement of the project and safeguard that the eligible costs as well as the received subsidies can be clearly identified; j. To store one specimen of each developed material for control and audit purposes. 7. In the circumstance that any of the PPs is in the situation of undertaking in difficulty, within the meaning of point 24 (18in conjunction with point 20) of Article 2 the “Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty” (Communication from the Commission No. 2014/C 249/01 of Regulation (EU) No 651/2014 as well as in compliance with Article 7 (1) (d) of Regulation (EU) 2021/1058 (hereinafter referred to as the ERDF Regulation31.07.2014), the concerned PP is to immediately inform the LP that shall in turn immediately inform the MA/JS. 8. Each PP undertakes to carefully analyse and obey eligibility rules and principles, mentioned in § 5.1 of the subsidy contract. 9. Each PP accepts the content of the Implementation Manual and undertakes apply it. 10. Each PP agrees that his names and addresses, the purpose and the amount of the subsidy may be used by the programme bodies in the framework of information and communication measures concerning the programme as well as reporting to the European Commission. 00. Xx accordance with Article 56 and 57 of Regulation (EU) 1303/2013 each Partner undertakes to provide experts or bodies authorised by the Interreg CENTRAL EUROPE Programme carrying out project evaluations and/or studies with any document or information requested for the evaluation purpose. Information might be provided by the PPs also through surveys and/or interviews.

Appears in 1 contract

Samples: Partnership Agreement

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