RECOVERY OF UNDUE AMOUNTS. 1. The contracting party may recover any amount that was paid but was not due under the Contract.
2. The contracting party must formally notify the expert of its intention, include the reasons why and invite him/her to submit any observations within 30 days of receiving notification. If the contracting party does not accept these observations, it will confirm recovery by formally notifying a ‘debit note’ that specifies the payment terms and date.
3. The expert must repay the amount specified in the debit note to the contracting party.
4. If the expert does not repay the requested amount by the date specified in the debit note, late-payment interest will be added to the amount to be recovered. The interest rate used will be the same as the rate applied by the European Central Bank (ECB) for its main refinancing operations in euros (‘reference rate’), plus three and a half points. The reference rate is the rate in force on the first day of the month in which the payment deadline specified in the debit note expires, as published in the C series of the Official Journal of the European Union.
5. If the expert does not repay the requested amount by the date specified in the debit note, the contracting party may recover the amounts due by offsetting them against any amounts owed to the expert by the EU institutions or an executive agency (from the EU or Euratom) budget without the expert's consent.
RECOVERY OF UNDUE AMOUNTS. 44.1 Amount to be recovered — Calculation — Procedure
44.1.1 Recovery after termination of a beneficiary’s participation Not applicable
RECOVERY OF UNDUE AMOUNTS. 44.1 Amount to be recovered — Calculation — Procedure
44.1.1 Recovery after termination of a beneficiary’s participation
44.1.2 Recovery at payment of the balance
(a) by offsetting it — without the coordinator’s consent — against any amounts owed to the coordinator by the Agency, the Commission or another executive agency (from the EU or Euratom budget). In exceptional circumstances, to safeguard the EU’s financial interests, the Agency may offset before the payment date specified in the debit note;
RECOVERY OF UNDUE AMOUNTS. 14.1 The Agency may recover any amount that was paid to the expert but is not due under the Contract.
14.2 The Agency will notify the expert of its intention to recover, the reasons why and invite him/her to submit observations within 30 days of receiving notification. If no observations are submitted or the Agency decides to pursue recovery despite the observations it has received, it will confirm the amount to be recovered by formally notifying a debit note to the expert. This note will also specify the terms and the date for payment. If payment is not made by the date specified in the debit note, the Agency may recover the amount:
(a) by offsetting it — without the expert’s consent — against any amounts owed to the expert by the Agency, or the Commission or an executive agency (from the EU or Euratom) budget. In exceptional circumstances, to safeguard the EU’s financial interests, the Agency may offset before the payment date specified in the debit note; Or
(b) by taking legal action (see Article 22).
14.3 If payment is not made by the date in the debit note, the amount to be recovered will be increased by late-payment interest at the rate set out in Article 8.6, from the day following the date for payment in the debit note, up to and including the date the Agency receives full payment of the amount. Partial payments will be first credited against expenses, charges and late-payment interest and then against the principal. Bank charges incurred in the recovery process will be borne by the expert, unless Directive 2007/64/EC applies.
RECOVERY OF UNDUE AMOUNTS. EFCA may recover any amount that was paid but was not due under the Contract. EFCA must formally notify the expert of its intention, include the reasons why and invite him/her to submit any observations within 30 days of receiving notification. If EFCA does not accept these observations, it will confirm recovery by formally notifying a ‘debit note’ that specifies the payment terms and date. The expert must repay the amount specified in the debit note to EFCA. If the expert does not repay the requested amount by the date specified in the debit note, late-payment interest will be added to the amount to be recovered. The interest rate used will be the same as the rate applied by the European Central Bank (ECB) for its main refinancing operations in euros (‘reference rate’), plus three and a half points. The reference rate is the rate in force on the first day of the month in which the payment deadline specified in the debit note expires, as published in the C series of the Official Journal of the European Union. If the expert does not repay the requested amount by the date specified in the debit note, EFCA may recover the amounts due by offsetting them against any amounts owed to the expert by EFCA without the expert's consent.
RECOVERY OF UNDUE AMOUNTS. 15.1 The contractor may recover any amount that was paid to the expert but is not due under the Contract.
15.2 The contractor will notify the expert, via email, of its intention to recover the reasons why and invite him/her to submit observations within 30 days of receiving notification.
a. by taking legal action (see Article 23). Bank charges incurred in the recovery process will be borne by the expert.
RECOVERY OF UNDUE AMOUNTS. Amount to be recovered — Calculation — Procedure
RECOVERY OF UNDUE AMOUNTS. 23.1 Amount to be recovered — Calculation — Procedure
23.1.1 Recovery after termination of a partner’s participation
RECOVERY OF UNDUE AMOUNTS. 1. EFSA may recover any amount that was paid but was not due under the Contract.
2. EFSA must formally notify the expert of its intention, include the reasons why and invite him/her to submit any observations within 30 calendar days of receiving notification. If EFSA does not accept these observations, it will confirm recovery by formally notifying a ‘debit note’ that specifies the payment terms and date.
3. The expert must repay the amount specified in the debit note to EFSA.
4. If the expert does not repay the requested amount by the date specified in the debit note, late-payment interest will be added to the amount to be recovered. The interest rate used will be the same as the rate applied by the European Central Bank (ECB) for its main refinancing operations in euros (‘reference rate’), plus three and a half points. The reference rate is the rate in force on the first day of the month in which the payment deadline specified in the debit note expires, as published in the C series of the Official Journal of the European Union.
5. If the expert does not repay the requested amount by the date specified in the debit note, EFSA may recover the amounts due by offsetting them against any amounts owed to the expert by the EU institutions or an executive agency (from the EU or Euratom) budget without the expert's consent.
RECOVERY OF UNDUE AMOUNTS. 1. EFCA may recover any amount that was paid to the expert but is not due under the Contract.
2. EFCA must formally notify the expert of its intention to recover, the reasons why and invite him/her to submit any observations within 30 days of receiving notification. If no observations are submitted or EFCA decides to pursue recovery despite the observations it has received, it will confirm the amount to be recovered by formally notifying a ‘debit note’ to the expert. This note will also specify the payment terms and date.
3. If payment is not made by the date specified in the debit note, EFCA may recover the amount:
(a) by offsetting it — without the expert’s consent — against any amounts owed to the expert by EFCA. In exceptional circumstances, to safeguard the EU’s financial interests, EFCA may offset before the payment date specified in the debit note; or
(b) by taking legal action (see Article 23).
4. If payment is not made by the date in the debit note, the amount to be recovered will be increased by late-payment interest at the rate set out in Article 9(6), from the day following the date for payment in the debit note, up to and including the date EFCA receives full payment of the amount. Partial payments will be first credited against expenses, charges and late-payment interest and then against the principal. Bank charges incurred in the recovery process will be borne by the expert, unless Directive (EU) 2015/2366 applies.
