Reports and deliverables. 1. The consortium shall submit a periodic report to the Commission for each reporting period within 60 days after the end of each respective period. The reporting shall comprise: a) an overview, including a publishable summary, of the progress of work towards the objectives of the project, including achievements and attainment of any milestones and deliverables identified in Annex I. This report should include the differences between work expected to be carried out in accordance with Annex I and that actually carried out, b) an explanation of the use of the resources, and c) a financial statement (Form C - Annex VI), from each beneficiary together with a summary financial report consolidating the claimed Community contribution of all the beneficiaries in an aggregate form, based on the information provided in Form C by each beneficiary. 2. The consortium shall submit a final report to the Commission within 60 days after the end of the project. The report shall comprise: a) a final publishable summary report covering results, conclusions and socio- economic impact of the project. b) a report covering the wider societal implications of the project, including gender equality actions, ethical issues, efforts to involve other actors and spread awareness as well as the plan for the use and dissemination of foreground. 3. The coordinator shall submit a report on the distribution of the Community financial contribution between beneficiaries. This report must be submitted 30 days after receipt of the final payment of the Community financial contribution. 4. A certificate on the financial statements shall be submitted for claims of interim payments and final payments when the amount of the Community financial contribution claimed by a beneficiary under the form of reimbursement of costs is equal to or superior to € 375.000, when cumulated with all previous payments for which a certificate on the financial statements has not been submitted. This certificate must be forwarded in the form of a detailed description verified as factual by its external auditor (Form D - Annex VII). However, for projects of a duration of 2 years or less, the certificate on the financial statements shall be submitted only for claims on final payments when the amount of the Community financial contribution claimed by a beneficiary is equal to or superior to € 375.000 when cumulated with all previous payments. The Commission may, at its sole discretion, accept at the request of a beneficiary, that it submits a certificate on the methodology, which it used to prepare its claims with regard to both personnel and overhead costs, and the related control systems. This certificate must be forwarded in the form of a detailed description verified as factual by its external auditor (Form E - Annex VII). When this certificate is accepted by the Commission, the requirement to provide an intermediate certificate on the financial statements for claims of interim payments shall be waived. Certificates on financial statements shall certify that the costs claimed and the receipts declared during the period for which it is provided, as well as the declaration of the interests yielded by the pre-financing meet the conditions required by this grant agreement. Where third parties’ costs are claimed under the grant agreement, such costs shall be certified in accordance with the provisions of this Article. The auditor shall include in its certification that no conflict of interest exists between it and the beneficiary in establishing this certificate. Certificates on the financial statements and on the methodology shall be prepared and certified by an external auditor and shall be established in accordance with the terms of reference attached as Annex VII to this grant agreement. Each beneficiary is free to choose any qualified external auditor, including its usual external auditor, provided that the cumulative following requirements are met: i) the auditor must be independent from the beneficiary; ii) the auditor must be qualified to carry out statutory audits of accounting documents in accordance with national legislation implementing the 8th Council Directive on statutory audits of annual account and consolidated accounts1 or any Community legislation replacing this Directive. Beneficiaries established in third countries shall comply with national regulations in the same field and the certificate on the financial statement provided shall consist of an independent report of factual findings based on procedures specified by the Community. Public bodies, secondary and higher education establishments and research organisations may opt for a competent public officer to provide their certificate on financial statements and on the methodology, provided that the relevant national authorities have established the legal capacity of that competent public officer to audit that entity and that the independence of that officer, in particular regarding the preparation of the financial statements, can be ensured. Certification by external auditors according to this Article does not affect the liability of beneficiaries nor the rights of the Community arising from this grant agreement. 5. The consortium shall transmit the reports and other deliverables through the coordinator to the Commission by electronic means. In addition, Form C, must be signed by the authorised person(s) within the beneficiary’s organisation, and the certificates on the financial statements and on the methodology must be signed by an authorised person of the auditing entity, and the original shall be sent to the Commission. 5. The layout and content of the reports shall conform to the instructions and guidance notes established by the Commission. 6. The reports submitted to the Commission for publication should be of a suitable quality to enable direct publication and their submission to the Commission in publishable form indicates that no confidential material is included therein. 7. Deliverables identified in Annex I shall be submitted as foreseen therein. 8. The Commission may be assisted by external experts in the analysis and evaluation of the reports and deliverables. 1 Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC 1. The Commission shall evaluate project reports and deliverables required by the provisions of Annex I and disburse the corresponding payments within 105 days of their receipt unless the time-limit, the payment or the project has been suspended. 2. Payments shall be made after the Commission's approval of reports and/or deliverables. The absence of a response from the Commission within this time-limit shall not imply its approval. The Commission may reject reports and deliverables even after the time-limit for payment. Approval of the reports shall not imply recognition of their regularity or of the authenticity of the declarations and information they contain and do not imply exemption from any audit or review. 3. After reception of the reports the Commission may: a) approve the reports and deliverables, in whole or in part or make the approval subject to certain conditions. b) reject the reports and deliverables by giving an appropriate justification and start the procedure for termination of the grant agreement in whole or in part. c) suspend the time limit if the reports or appropriate deliverables have not been supplied, or are not complete or if some clarification or additional information is needed or there are doubts concerning the eligibility of costs claimed in the financial statement and/or additional checks are being conducted. The suspension will be lifted from the date when the last report, deliverable or the additional information requested is received by the Commission. The Commission shall inform the consortium in writing via the coordinator of any such suspension and the conditions to be met for the lifting of the suspension. Suspension shall take effect on the date when notice is sent by the Commission. d) suspend the payment at any time: • if the work carried out does not comply with the provisions of the grant agreement; • if a beneficiary has to reimburse to its national state an amount unduly received as state aid; • if the provisions of the grant agreement have been infringed or if there is a suspicion thereof, in particular in the wake of any audits and checks carried out; • if there is a suspicion of irregularity committed by one or more beneficiary(ies) in the performance of the grant agreement. Only the portion destined for the beneficiary(ies) suspected of irregularity will be suspended. • if there is a suspected or established irregularity committed by one or more beneficiary(ies) in the performance of another grant agreement funded by the general budget of the European Communities or by budgets managed by them. In such cases, suspension of the payments will occur where the irregularity (or suspected irregularity) is of a serious and systematic nature which is likely to affect the performance of the current grant agreement. If the Commission suspends the payment the consortium shall be duly informed of the reasons why payment in whole or in part will not be made. 4. The Commission may proceed with an interim payment in part if some reports or deliverables are not submitted as required, or only partially or conditionally approved. The reports and deliverables due for one reporting period which are submitted late will be evaluated together with the reports and deliverables of the next reporting period. 5. On expiry of the time-limit for approval of the reports and payments, and without prejudice to suspension by the Commission of this time-limit, the Commission shall pay interest on the late payment at the rate applied by the European Central Bank for its main refinancing operations in euros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union. This provision shall not apply to beneficiaries that are public bodies of the Member States of the European Union. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the Commission's account, inclusive. The interest shall not be treated as a receipt for the project for the purposes of determining the final grant. Any such interest payment is not considered as part of the Community financial contribution. 6. The suspension of payment by the Commission may not be considered as late payment. 7. At the end of the project, the Commission may decide not to make the payment of the corresponding Community financial contribution subject to one month's written notice of non-receipt of a report, a certificate on the financial statement or other project deliverable. 8. The Commission shall inform the coordinator of the amount of the final payment of the Community financial contribution justifying this amount. The coordinator shall have two months from the date of receipt to give reasons for any disagreement. After the end of this period such requests will no longer be considered and the consortium is deemed to have accepted the Commission's decision. The Commission undertakes to reply in writing within two months following the date of receipt, giving reasons for its reply. This procedure is without prejudice to the beneficiary’s right to appeal against the Commission’s decision.
Appears in 2 contracts
Samples: Fp7 Grant Agreement, Fp7 Grant Agreement
Reports and deliverables.
1. The consortium shall submit a periodic report to the Commission for each reporting period within 60 days after the end of each respective period. The reporting shall comprise:
a) an overview, including a publishable summary, of the progress of work towards the objectives of the project, including achievements and attainment of any milestones and deliverables identified in Annex I. This report should include the differences between work expected to be carried out in accordance with Annex I and that actually carried out,
b) an explanation of the use of the resources, and
c) a financial statement (Form C - Annex VI)statement, from each beneficiary together with a summary financial report consolidating the claimed Community contribution of all the beneficiaries in an aggregate form, based on the information provided in Form C (Annex VI) by each beneficiary.
2. The consortium shall submit a final report to the Commission within 60 days after the end of the project. The report shall comprise:
a) a final publishable summary report covering results, conclusions and socio- economic impact of the project.
b) a report covering the wider societal implications of the project, including gender equality actions, ethical issues, efforts to involve other actors and spread awareness as well as the plan for the use and dissemination of foreground.
3. The coordinator shall submit a report on the distribution of the Community financial contribution between beneficiaries. This report must be submitted 30 days after receipt of the final payment of the Community financial contributionpayment.
4. A certificate on the financial statements shall be submitted for claims of interim payments and final payments when the amount of the Community financial contribution claimed by a beneficiary under the form of reimbursement of costs is equal to or superior to € 375.000EUR 375 000, when cumulated with all previous payments for which a certificate on the financial statements has not been submitted. This certificate must be forwarded in the form of a detailed description verified as factual by its external auditor (Form D - Annex VII). However, for projects of a duration of 2 years or less, the certificate on the financial statements shall be submitted only for claims on final payments when the amount of the Community financial contribution claimed by a beneficiary beneficiary, in the form of reimbursement of costs, is equal to or superior to € 375.000 EUR 375 000 when cumulated with all previous payments. Certificates on the financial statements shall certify that the costs claimed and the receipts declared during the period for which they are provided, as well as the declaration of the interest yielded by the pre-financing meet the conditions required by this grant agreement. Where third parties’ costs are claimed under the grant agreement, such costs shall be certified in accordance with the provisions of this Article. The auditor shall include in its certificate that no conflict of interest exists between itself and the beneficiary in establishing this certificate. The Commission may, at its sole discretion, accept at the request of a beneficiary, that it submits a certificate on the methodologymethodology for the calculation of costs, which it used to prepare its claims with regard to both personnel and overhead indirect costs, and the related control systems. This certificate must be forwarded in the form of a detailed description verified as factual by its external auditor (Form E - Annex VII). When this certificate is accepted by the Commission, the requirement to provide an intermediate certificate on the financial statements for claims of interim payments shall be waived. Certificates on financial statements shall certify that the costs claimed and the receipts declared during the period for which it is provided, as well as the declaration of the interests yielded by the pre-financing meet the conditions required by this grant agreement. Where third parties’ costs are claimed under the grant agreement, such costs shall be certified in accordance with the provisions of this Article. The auditor shall include in its certification that no conflict of interest exists between it and the beneficiary in establishing this certificate. Certificates on the financial statements and on the methodology shall be prepared and certified by an external auditor and shall be established in accordance with the terms of reference attached as Annex VII to this grant agreement. Each beneficiary is free to choose any qualified external auditor, including its usual external auditor, provided that the cumulative following requirements are met:
i) the auditor must be independent from the beneficiary;
ii) the auditor must be qualified to carry out statutory audits of accounting documents in accordance with national legislation implementing the 8th Council Directive on statutory audits of annual account accounts and consolidated accounts1 accounts4 or any Community legislation replacing this Directive. Beneficiaries established in third countries shall comply with national regulations in the same field and the certificate on the financial statement provided shall consist of an independent report of factual findings based on procedures specified by the Community. Public bodies, secondary and higher education establishments and research organisations may opt for a competent public officer to provide their certificate on the financial statements and on the methodology, provided that the relevant national authorities have established the legal capacity of that competent public officer to audit that entity and that the independence of that officer, in particular regarding the preparation of the financial statements, can be ensured. Certification Certificates by external auditors according to this Article does do not affect the liability of beneficiaries nor the rights of the Community arising from this grant agreement.
5. The consortium shall transmit the reports and other deliverables through the coordinator to the Commission by electronic means. In addition, Form C, must be signed by the authorised person(s) within the beneficiary’s organisation, and the certificates on the financial statements and on the methodology must be signed by an authorised person of the auditing entity, and the original originals shall be sent to the Commission.
5. The layout and content of the reports shall conform to the instructions and guidance notes established by the Commission.
6. The reports submitted to the Commission for publication should be of a suitable quality to enable direct publication and their submission to the Commission in publishable form indicates that no confidential material is included therein.
7. Deliverables identified in Annex I shall be submitted as foreseen therein.
8. The Commission may be assisted by external experts in the analysis and evaluation of the reports and deliverables.
1 Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC
1. The Commission shall evaluate project reports and deliverables required by the provisions of Annex I and disburse the corresponding payments within 105 days of their receipt unless the time-limit, the payment or the project has been suspended.
2. Payments shall be made after the Commission's approval of reports and/or deliverables. The absence of a response from the Commission within this time-limit shall not imply its approval. The Commission may reject reports and deliverables even after the time-limit for payment. Approval of the reports shall not imply recognition of their regularity or of the authenticity of the declarations and information they contain and do not imply exemption from any audit or review.
3. After reception of the reports the Commission may:
a) approve the reports and deliverables, in whole or in part or make the approval subject to certain conditions.
b) reject the reports and deliverables by giving an appropriate justification and start the procedure for termination of the grant agreement in whole or in part.
c) suspend the time limit if the reports or appropriate deliverables have not been supplied, or are not complete or if some clarification or additional information is needed or there are doubts concerning the eligibility of costs claimed in the financial statement and/or additional checks are being conducted. The suspension will be lifted from the date when the last report, deliverable or the additional information requested is received by the Commission. The Commission shall inform the consortium in writing via the coordinator of any such suspension and the conditions to be met for the lifting of the suspension. Suspension shall take effect on the date when notice is sent by the Commission.
d) suspend the payment at any time: • if the work carried out does not comply with the provisions of the grant agreement; • if a beneficiary has to reimburse to its national state an amount unduly received as state aid; • if the provisions of the grant agreement have been infringed or if there is a suspicion thereof, in particular in the wake of any audits and checks carried out; • if there is a suspicion of irregularity committed by one or more beneficiary(ies) in the performance of the grant agreement. Only the portion destined for the beneficiary(ies) suspected of irregularity will be suspended. • if there is a suspected or established irregularity committed by one or more beneficiary(ies) in the performance of another grant agreement funded by the general budget of the European Communities or by budgets managed by them. In such cases, suspension of the payments will occur where the irregularity (or suspected irregularity) is of a serious and systematic nature which is likely to affect the performance of the current grant agreement. If the Commission suspends the payment the consortium shall be duly informed of the reasons why payment in whole or in part will not be made.
4. The Commission may proceed with an interim payment in part if some reports or deliverables are not submitted as required, or only partially or conditionally approved. The reports and deliverables due for one reporting period which are submitted late will be evaluated together with the reports and deliverables of the next reporting period.
5. On expiry of the time-limit for approval of the reports and payments, and without prejudice to suspension by the Commission of this time-limit, the Commission shall pay interest on the late payment at the rate applied by the European Central Bank for its main refinancing operations in euros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union. This provision shall not apply to beneficiaries that are public bodies of the Member States of the European Union. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the Commission's account, inclusive. The interest shall not be treated as a receipt for the project for the purposes of determining the final grant. Any such interest payment is not considered as part of the Community financial contribution.
6. The suspension of payment by the Commission may not be considered as late payment.
7. At the end of the project, the Commission may decide not to make the payment of the corresponding Community financial contribution subject to one month's written notice of non-receipt of a report, a certificate on the financial statement or other project deliverable.
8. The Commission shall inform the coordinator of the amount of the final payment of the Community financial contribution justifying this amount. The coordinator shall have two months from the date of receipt to give reasons for any disagreement. After the end of this period such requests will no longer be considered and the consortium is deemed to have accepted the Commission's decision. The Commission undertakes to reply in writing within two months following the date of receipt, giving reasons for its reply. This procedure is without prejudice to the beneficiary’s right to appeal against the Commission’s decision.
Appears in 2 contracts
Samples: Fp7 Grant Agreement, Fp7 Grant Agreement
Reports and deliverables.
1. The consortium shall submit a periodic report to the Commission for each reporting period within 60 days after the end of each respective period. The reporting shall comprise:
a) an overview, including a publishable summary, of the progress of work towards the objectives of the project, including achievements and attainment of any milestones and deliverables identified in Annex I. This report should include the differences between work expected to be carried out in accordance with Annex I and that actually carried out,
b) an explanation of the use of the resources, and
c) a financial statement (Form C - Annex VI), from each beneficiary together with a summary financial report consolidating the claimed Community contribution of all the beneficiaries in an aggregate form, based on the information provided in Form C (Annex VI) by each beneficiary.
2. The consortium shall submit a final report to the Commission within 60 days after the end of the project. The report shall comprise:
a) a final publishable summary report covering results, conclusions and socio- economic impact of the project.
b) a report covering the wider societal implications of the project, including gender equality actions, ethical issues, efforts to involve other actors and spread awareness as well as the plan for the use and dissemination of foreground.
3. The coordinator shall submit a report on the distribution of the Community financial contribution between beneficiaries. This report must be submitted 30 days after receipt of the final payment of the Community financial contributionpayment.
4. A certificate on the financial statements shall be submitted for claims of interim payments and final payments when the amount of the Community financial contribution claimed by a beneficiary under the form of reimbursement of costs is equal to or superior to € EUR 375.000, when cumulated with all previous payments for which a certificate on the financial statements has not been submitted. This certificate must be forwarded in the form of a detailed description verified as factual by its external auditor (Form D - Annex VII). However, for projects of a duration of 2 years or less, the certificate on the financial statements shall be submitted only for claims on final payments when the amount of the Community financial contribution claimed by a beneficiary beneficiary, in the form of reimbursement of costs, is equal to or superior to € EUR 375.000 when cumulated with all previous payments. Certificates on the financial statements shall certify that the costs claimed and the receipts declared during the period for which they are provided, as well as the declaration of the interest yielded by the pre-financing meet the conditions required by this grant agreement. Where third parties’ costs are claimed under the grant agreement, such costs shall be certified in accordance with the provisions of this Article. The auditor shall include in its certificate that no conflict of interest exists between itself and the beneficiary in establishing this certificate. The Commission may, at its sole discretion, accept at the request of a beneficiary, that it submits a certificate on the methodologymethodology for the calculation of costs, which it used to prepare its claims with regard to both personnel and overhead indirect costs, and the related control systems. This certificate must be forwarded in the form of a detailed description verified as factual by its external auditor (Form E - Annex VII). When this certificate is accepted by the Commission, the requirement to provide an intermediate certificate on the financial statements for claims of interim payments shall be waived. Certificates on financial statements shall certify that the costs claimed and the receipts declared during the period for which it is provided, as well as the declaration of the interests yielded by the pre-financing meet the conditions required by this grant agreement. Where third parties’ costs are claimed under the grant agreement, such costs shall be certified in accordance with the provisions of this Article. The auditor shall include in its certification that no conflict of interest exists between it and the beneficiary in establishing this certificate. Certificates on the financial statements and on the methodology shall be prepared and certified by an external auditor and shall be established in accordance with the terms of reference attached as Annex VII to this grant agreement. Each beneficiary is free to choose any qualified external auditor, including its usual external auditor, provided that the cumulative following requirements are met:
i) the auditor must be independent from the beneficiary;
ii) the auditor must be qualified to carry out statutory audits of accounting documents in accordance with national legislation implementing the 8th Council Directive on statutory audits of annual account and consolidated accounts1 accounts4 or any Community legislation replacing this Directive. Beneficiaries established in third countries shall comply with national regulations in the same field and the certificate on the financial statement provided shall consist of an independent report of factual findings based on procedures specified by the Community. Public bodies, secondary and higher education establishments and research organisations may opt for a competent public officer to provide their certificate on the financial statements and on the methodology, provided that the relevant national authorities have established the legal capacity of that competent public officer to audit that entity and that the independence of that officer, in particular regarding the preparation of the financial statements, can be ensured. Certification Certificates by external auditors according to this Article does do not affect the liability of beneficiaries nor the rights of the Community arising from this grant agreement.
5. The consortium shall transmit the reports and other deliverables through the coordinator to the Commission by electronic means. In addition, Form C, must be signed by the authorised person(s) within the beneficiary’s organisation, and the certificates on the financial statements and on the methodology must be signed by an authorised person of the auditing entity, and the original shall be sent to the Commission.
5. The layout and content of the reports shall conform to the instructions and guidance notes established by the Commission.
6. The reports submitted to the Commission for publication should be of a suitable quality to enable direct publication and their submission to the Commission in publishable form indicates that no confidential material is included therein.
7. Deliverables identified in Annex I shall be submitted as foreseen therein.
8. The Commission may be assisted by external experts in the analysis and evaluation of the reports and deliverables.
1 4 Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EECEEC statements and on the methodology must be signed by an authorised person of the auditing entity, and the originals shall be sent to the Commission.
16. The Commission shall evaluate project reports layout and deliverables required by the provisions of Annex I and disburse the corresponding payments within 105 days of their receipt unless the time-limit, the payment or the project has been suspended.
2. Payments shall be made after the Commission's approval of reports and/or deliverables. The absence of a response from the Commission within this time-limit shall not imply its approval. The Commission may reject reports and deliverables even after the time-limit for payment. Approval content of the reports shall not imply recognition of their regularity or of conform to the authenticity of the declarations instructions and information they contain and do not imply exemption from any audit or review.
3. After reception of the reports the Commission may:
a) approve the reports and deliverables, in whole or in part or make the approval subject to certain conditions.
b) reject the reports and deliverables by giving an appropriate justification and start the procedure for termination of the grant agreement in whole or in part.
c) suspend the time limit if the reports or appropriate deliverables have not been supplied, or are not complete or if some clarification or additional information is needed or there are doubts concerning the eligibility of costs claimed in the financial statement and/or additional checks are being conducted. The suspension will be lifted from the date when the last report, deliverable or the additional information requested is received by the Commission. The Commission shall inform the consortium in writing via the coordinator of any such suspension and the conditions to be met for the lifting of the suspension. Suspension shall take effect on the date when notice is sent guidance notes established by the Commission.
d) suspend 7. The reports submitted to the payment at any time: • if the work carried out does not comply with the provisions of the grant agreement; • if a beneficiary has to reimburse to its national state an amount unduly received as state aid; • if the provisions of the grant agreement have been infringed or if there is a suspicion thereof, in particular in the wake of any audits and checks carried out; • if there is a suspicion of irregularity committed by one or more beneficiary(ies) in the performance of the grant agreement. Only the portion destined Commission for the beneficiary(ies) suspected of irregularity will publication should be suspended. • if there is a suspected or established irregularity committed by one or more beneficiary(ies) in the performance of another grant agreement funded by the general budget of the European Communities or by budgets managed by them. In such cases, suspension of the payments will occur where the irregularity (or suspected irregularity) is of a serious suitable quality to enable direct publication and systematic nature which is likely their submission to affect the performance of the current grant agreement. If the Commission suspends the payment the consortium in publishable form indicates that no confidential material is included therein.
8. Deliverables identified in Annex I shall be duly informed of the reasons why payment in whole or in part will not be madesubmitted as foreseen therein.
49. The Commission may proceed with an interim payment be assisted by external experts in part if some reports or deliverables are not submitted as required, or only partially or conditionally approved. The reports the analysis and deliverables due for one reporting period which are submitted late will be evaluated together with the reports and deliverables of the next reporting period.
5. On expiry of the time-limit for approval evaluation of the reports and payments, and without prejudice to suspension by the Commission of this time-limit, the Commission shall pay interest on the late payment at the rate applied by the European Central Bank for its main refinancing operations in euros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union. This provision shall not apply to beneficiaries that are public bodies of the Member States of the European Union. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the Commission's account, inclusive. The interest shall not be treated as a receipt for the project for the purposes of determining the final grant. Any such interest payment is not considered as part of the Community financial contributiondeliverables.
6. The suspension of payment by the Commission may not be considered as late payment.
7. At the end of the project, the Commission may decide not to make the payment of the corresponding Community financial contribution subject to one month's written notice of non-receipt of a report, a certificate on the financial statement or other project deliverable.
8. The Commission shall inform the coordinator of the amount of the final payment of the Community financial contribution justifying this amount. The coordinator shall have two months from the date of receipt to give reasons for any disagreement. After the end of this period such requests will no longer be considered and the consortium is deemed to have accepted the Commission's decision. The Commission undertakes to reply in writing within two months following the date of receipt, giving reasons for its reply. This procedure is without prejudice to the beneficiary’s right to appeal against the Commission’s decision.
Appears in 1 contract
Samples: Fp7 Grant Agreement
Reports and deliverables.
1. The consortium shall submit a periodic report to the Commission for each reporting period within 60 days after the end of each respective period. The reporting shall comprise:
a) an overview, including a publishable summary, of the progress of work towards the objectives of the project, including achievements and attainment of any milestones and deliverables identified in Annex I. This report should include the differences between work expected to be carried out in accordance with Annex I and that actually carried out,
b) an explanation of the use of the resources, and
c) a financial statement (Form C - Annex VI), from each beneficiary together with a summary financial report consolidating the claimed Community contribution of all the beneficiaries in an aggregate form, based on the information provided in Form C (Annex VI) by each beneficiary.
2. The consortium shall submit a final report to the Commission within 60 days after the end of the project. The report shall comprise:
a) a final publishable summary report covering results, conclusions and socio- socio-economic impact of the project.
b) a report covering the wider societal implications of the project, including gender equality actions, ethical issues, efforts to involve other actors and spread awareness as well as the plan for the use and dissemination of foreground.
3. The coordinator shall submit a report on the distribution of the Community financial contribution between beneficiaries. This report must be submitted 30 days after receipt of the final payment of the Community financial contributionpayment.
4. A certificate on the financial statements shall be submitted for claims of interim payments and final payments when the amount of the Community financial contribution claimed by a beneficiary under the form of reimbursement of costs is equal to or superior to € EUR 375.000, when cumulated with all previous payments for which a certificate on the financial statements has not been submitted. This certificate must be forwarded in the form of a detailed description verified as factual by its external auditor (Form D - Annex VII). However, for projects of a duration of 2 years or less, the certificate on the financial statements shall be submitted only for claims on final payments when the amount of the Community financial contribution claimed by a beneficiary beneficiary, in the form of reimbursement of costs, is equal to or superior to € EUR 375.000 when cumulated with all previous payments. Certificates on the financial statements shall certify that the costs claimed and the receipts declared during the period for which they are provided, as well as the declaration of the interest yielded by the pre-financing meet the conditions required by this grant agreement. Where third parties’ costs are claimed under the grant agreement, such costs shall be certified in accordance with the provisions of this Article. The auditor shall include in its certificate that no conflict of interest exists between itself and the beneficiary in establishing this certificate. The Commission may, at its sole discretion, accept at the request of a beneficiary, that it submits a certificate on the methodologymethodology for the calculation of costs, which it used to prepare its claims with regard to both personnel and overhead indirect costs, and the related control systems. This certificate must be forwarded in the form of a detailed description verified as factual by its external auditor (Form E - Annex VII). When this certificate is accepted by the Commission, the requirement to provide an intermediate certificate on the financial statements for claims of interim payments shall be waived. Certificates on financial statements shall certify that the costs claimed and the receipts declared during the period for which it is provided, as well as the declaration of the interests yielded by the pre-financing meet the conditions required by this grant agreement. Where third parties’ costs are claimed under the grant agreement, such costs shall be certified in accordance with the provisions of this Article. The auditor shall include in its certification that no conflict of interest exists between it and the beneficiary in establishing this certificate. Certificates on the financial statements and on the methodology shall be prepared and certified by an external auditor and shall be established in accordance with the terms of reference attached as Annex VII to this grant agreement. Each beneficiary is free to choose any qualified external auditor, including its usual external auditor, provided that the cumulative following requirements are met:
i) the auditor must be independent from the beneficiary;
ii) the auditor must be qualified to carry out statutory audits of accounting documents in accordance with national legislation implementing the 8th Council Directive on statutory audits of annual account and consolidated accounts1 accounts4 or any Community legislation replacing this Directive. Beneficiaries established in third countries shall comply with national regulations in the same field and the certificate on the financial statement provided shall consist of an independent report of factual findings based on procedures specified by the Community. Public bodies, secondary and higher education establishments and research organisations may opt for a competent public officer to provide their certificate on the financial statements and on the methodology, provided that the relevant national authorities have established the legal capacity of that competent public officer to audit that entity and that the independence of that officer, in particular regarding the preparation of the financial statements, can be ensured. Certification Certificates by external auditors according to this Article does do not affect the liability of beneficiaries nor the rights of the Community arising from this grant agreement.
5. The consortium shall transmit the reports and other deliverables through the coordinator to the Commission by electronic means. In addition, Form C, must be signed by the authorised person(s) within the beneficiary’s organisation, and the certificates on the financial statements and on the methodology must be signed by an authorised person of the auditing entity, and the original originals shall be sent to the Commission.
56. The layout and content of the reports shall conform to the instructions and guidance notes established by the Commission.
6. The reports submitted to the Commission for publication should be of a suitable quality to enable direct publication and their submission to the Commission in publishable form indicates that no confidential material is included therein.
7. Deliverables identified in Annex I shall be submitted as foreseen therein.
8. The Commission may be assisted by external experts in the analysis and evaluation of the reports and deliverables.
1 Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC
1. The Commission shall evaluate project reports and deliverables required by the provisions of Annex I and disburse the corresponding payments within 105 days of their receipt unless the time-limit, the payment or the project has been suspended.
2. Payments shall be made after the Commission's approval of reports and/or deliverables. The absence of a response from the Commission within this time-limit shall not imply its approval. The Commission may reject reports and deliverables even after the time-limit for payment. Approval of the reports shall not imply recognition of their regularity or of the authenticity of the declarations and information they contain and do not imply exemption from any audit or review.
3. After reception of the reports the Commission may:
a) approve the reports and deliverables, in whole or in part or make the approval subject to certain conditions.
b) reject the reports and deliverables by giving an appropriate justification and start the procedure for termination of the grant agreement in whole or in part.
c) suspend the time limit if the reports or appropriate deliverables have not been supplied, or are not complete or if some clarification or additional information is needed or there are doubts concerning the eligibility of costs claimed in the financial statement and/or additional checks are being conducted. The suspension will be lifted from the date when the last report, deliverable or the additional information requested is received by the Commission. The Commission shall inform the consortium in writing via the coordinator of any such suspension and the conditions to be met for the lifting of the suspension. Suspension shall take effect on the date when notice is sent by the Commission.
d) suspend the payment at any time: • if the work carried out does not comply with the provisions of the grant agreement; • if a beneficiary has to reimburse to its national state an amount unduly received as state aid; • if the provisions of the grant agreement have been infringed or if there is a suspicion thereof, in particular in the wake of any audits and checks carried out; • if there is a suspicion of irregularity committed by one or more beneficiary(ies) in the performance of the grant agreement. Only the portion destined for the beneficiary(ies) suspected of irregularity will be suspended. • if there is a suspected or established irregularity committed by one or more beneficiary(ies) in the performance of another grant agreement funded by the general budget of the European Communities or by budgets managed by them. In such cases, suspension of the payments will occur where the irregularity (or suspected irregularity) is of a serious and systematic nature which is likely to affect the performance of the current grant agreement. If the Commission suspends the payment the consortium shall be duly informed of the reasons why payment in whole or in part will not be made.
4. The Commission may proceed with an interim payment in part if some reports or deliverables are not submitted as required, or only partially or conditionally approved. The reports and deliverables due for one reporting period which are submitted late will be evaluated together with the reports and deliverables of the next reporting period.
5. On expiry of the time-limit for approval of the reports and payments, and without prejudice to suspension by the Commission of this time-limit, the Commission shall pay interest on the late payment at the rate applied by the European Central Bank for its main refinancing operations in euros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union. This provision shall not apply to beneficiaries that are public bodies of the Member States of the European Union. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the Commission's account, inclusive. The interest shall not be treated as a receipt for the project for the purposes of determining the final grant. Any such interest payment is not considered as part of the Community financial contribution.
6. The suspension of payment by the Commission may not be considered as late payment.
7. At the end of the project, the Commission may decide not to make the payment of the corresponding Community financial contribution subject to one month's written notice of non-receipt of a report, a certificate on the financial statement or other project deliverable.
8. The Commission shall inform the coordinator of the amount of the final payment of the Community financial contribution justifying this amount. The coordinator shall have two months from the date of receipt to give reasons for any disagreement. After the end of this period such requests will no longer be considered and the consortium is deemed to have accepted the Commission's decision. The Commission undertakes to reply in writing within two months following the date of receipt, giving reasons for its reply. This procedure is without prejudice to the beneficiary’s right to appeal against the Commission’s decision.
Appears in 1 contract
Samples: Fp7 Grant Agreement