DETERMINAZIONE DEL DIRIGENTE STRUTTURA DI PROGETTO “INTERREG MANAGEMENT STRUCTURE” 29
DETERMINAZIONE DEL DIRIGENTE STRUTTURA DI PROGETTO “INTERREG MANAGEMENT STRUCTURE” 29
febbraio 2024, n. 13
“Programma Interreg I.P.A. SOUTH ADRIATIC” 2021/2027. Approvazione definitiva della graduatoria dell’Avviso pubblico “Call for projectproposals - Capitalisation Small-Scale Projects”. Approvazione schema contrattuale del SubsidyContract e del Partnership Agreement.
Visti
• gli artt. 4 e 16 del D. Lgs. 165/01 e s.m. e i.;
• la X.X.X. x.0000 del 07.12.2021 e il D.P.G.R. n.22 del 22.01.2021 aventi ad oggetto l’approvazione dell’Atto di Alta Organizzazione della Regione Puglia, denominato “Modello MAIA 2.0”;
• la D.G.R. n. 366 del 26 febbraio 2019 “Conferimento incarichi di direzione delle Sezioni “Ricerca, Innovazione e Capacità istituzionale” e “Attività economiche, commerciali e artigianali”, ai sensi dell’art.24, comma 1, del Decreto del Presidente della Giunta Regionale”;
• la D.G.R. n. 163 del 29/02/2016 con la quale è stato conferito al Prof. Xxx. Xxxxxxxx Xxxxxxxx l’incarico di Autorità di Gestione (AdG) del Programma Interreg IPA CBC ITALIA-ALBANIA-MONTENEGRO 2014- 2020;
• la D.G.R. n. 992 del 20/06/2017 con cui si sono dati indirizzi organizzativi sulla governance del programma, nonché la determinazione Dirigenziale n. 65 del 26/09/2017 con cui si esplicitava l’organizzazione della struttura dell’Autorità di Gestione;
• la D.G.R. n. 2197 del 12/12/2017 con cui si designavano le Autorità del Programma ai sensi dell’art. 36 Reg. Att. della CE (UE) N. 447/2014;
• la deliberazione C.I.P.E. n. 10/2015;
• la D.G.R. n 1728 del 22/10/2020, “Programma IPA II CBC Italia-Albania- Montenegro – Modifiche alla DGR 992/2017 Governance e Controlli – Affidamento funzioni Autorità di Gestione del Programma”, che, con decorrenza dal 1° novembre 2020, affida le funzioni innanzi citate al dirigente pro tempore della Sezione Ricerca, Innovazione e Capacità Istituzionale;
• la L.R. n. 37 del 29.12.2023 “Disposizioni per la formazione del Bilancio di Previsione 2024 e Bilancio Pluriennale 2024-2026 della Xxxxxxx Xxxxxx - Xxxxx xx xxxxxxxxx Xxxxxxxxx 0000”;
• la L.R. n. 38 del 29.12.2023 “Bilancio di Previsione della Regione Puglia per l’esercizio finanziario 2024 e Xxxxxxxx Xxxxxxxxxxx 2024-2026”;
• la X.X.X. x. 00 xxx 00/00/0000 “Bilancio di previsione per l’esercizio finanziario 2024 e pluriennale 2024-2026. Articolo 39, comma 10, del decreto legislativo 23 giugno 2011, n. 118. Documento tecnico di accompagnamento e Xxxxxxxx Xxxxxxxxxxx Gestionale. Approvazione”;
• la D.G.R. n. 494 del 17/04/2023 di riaccertamento ordinario dei residui esercizio finanziario 2022;
• il D. Lgs. 196/03 “Codice in materia di protezione dei dati personali” integrato con le modifiche introdotte dal D. Lgs. 101/2018 per l’adeguamento della normativa xxxxxxxxx xxxx xxxxxxxxxxxx xxx Xxxxxxxxxxx (XX) 0000/000 (XXXX);
• gli artt. 20 e 21 del Codice dell’Amministrazione Digitale (CAD), di cui al X.X.xx n. 82/2005, come modificato dal D.lgs 13 dicembre 2017 n. 217;
• le “Linee guida per la gestione degli Atti Dirigenziali come documenti originali informatici con il sistema CIFRA1” aggiornate alla versione 10.3, trasmesse con nota AOO_175-1875 del 28 maggio 2020 dal Segretario Generale della Presidenza;
• la DGR n. 1576 del 30/09/2021 di conferimento degli incarichi di direzione delle Sezioni di Dipartimento, ai sensi dell’art.22, comma 2 del D.P.G.R. n.22/2021, con la quale, tra l’altro, è stato prorogato alla data del 31/10/2021 l’incarico di dirigente della Sezione “Ricerca, Innovazione e Capacità istituzionale”;
• la D.G.R. n. 1713 del 28/10/2021, “D.G.R. 1728/2020 – “Autorità di Gestione del Programma Interreg IPA CBC Italia-Albania-Montenegro” – Delega delle funzioni” che, con decorrenza dal 1° novembre 2021, affida le funzioni innanzi citate al xxxx. Xxxxxxxxx Xxxxxxx Xxxxxx;
• la D.G.R. n. 1751 del 05/11/2021, “Modificazioni al Bilancio Finanziario Gestionale 2021-2023 approvato con Delibera di Giunta Regionale 18 gennaio 2021, n.71 a seguito dell’adozione del modello organizzativo MAIA 2.0. di cui al Decreto del Presidente della Giunta Reginale 22 gennaio 2021, n.21;
• la D.G.R. n. 1845 del 15/11/2021 – Rettifica D.G.R. 1713 del 28/10/2021 “D.G.R. 1728/2020 - “Autorità di Gestione del Programma Interreg IPA CBC Italia-Albania-Montenegro” Delega delle funzioni”;
• la D.G.R. n. 167 del 15/02/2022 “Programma Interreg IPA CBC Italia-Albania- Montenegro 2014-2020 – Istituzione di un Capitolo in Uscita e Variazione di Bilancio”;
• la D.G.R. n. 151 del 26/02/2024 “Programma Interreg IPA South Adriatic 2021- 2027 – Stanziamento risorse finanziarie relative all’Avviso pubblico “Call for project proposals - Capitalisation Small-Scale Projects”, Istituzione di nuovi capitoli e Variazione al bilancio di previsione 2024 e pluriennale 2024- 2026 ai sensi del D. Lgs n. 118/2011 e ss.mm.ii.”;
• l’A.D. n. 201_19 del 12/12/2022 di Approvazione dell’Avviso pubblico “Call for project proposals - Capitalisation Small-Scale Projects”;
• la D.G.R. 15 settembre 2021, n. 1466 recante l’approvazione della Strategia regionale per la parità di genere, denominata “Agenda di Genere”;
• la X.X.X. xxx 00/00/0000 x. 000 xxx Xxxxxxxx xxxxx Xxxxxxxxxxxxx xxxxxxx D.G.R. n. 302/2022 “Valutazione di impatto di genere. Sistema di gestione e di monitoraggio”. Revisione degli allegati.
Viste:
• la decisione C (2022) 6940 del 26/09/2022 – CCI 2021TC16IPCB008 , con cui la Commissione Europea approvava le modifiche del Programma;
• le disposizioni di cui al Regolamento di Esecuzione della Commissione (UE) N. 1059/2021, N. 1060/2021 e N. 1061/2021;
• la D.G.R. 1436/2022 con cui la Giunta ha preso atto dell’adozione – da parte della Commissione U.E.
– della Decisione di approvazione del Programma di Cooperazione Transfrontaliera (Interreg VI-A) IPA Italia-Albania-Montenegro - Adriatico Meridionale- (South Adriatic) per il periodo 2021-2027 - C(2022)6940 del 26/09/2022 – CCI 2021TC16IPCB008.
Sulla base dell’istruttoria espletata dalla PO “Attività amministrativo e contabile relativa ai progetti del Programma Interreg IPA CBC Italia-Albania-Montenegro”, condivisa con la PO “Coordinamento amministrativo e contabile Interreg IPA CBC Italia-Albania-Montenegro. Responsabile degli Assi”, emerge quanto segue.
Premesso, altresì, che:
• con la DGR n. 1437 del 24/10/2022 la Giunta ha:
1. deliberato di procedere alla istituzione, ai sensi dell’art. 7 comma 2 del modello di Alta Organizzazione MAIA 2.0, della Struttura di progetto di livello dirigenziale, denominata “Autorità di Gestione del Programma Italia-Albania- Montenegro 2014-2020 e 2021-2027”, equiparata a Sezione di Dipartimento, come indicato alla nota 2, ultimo comma, lettera h) dell’art. 7 del D.P.G.R. n. 263/2021, come modificato dal D.P.G.R. n. 328/2021, e incardinata funzionalmente nel Dipartimento Sviluppo Economico;
2. il Dirigente della Sezione Bilancio e Ragioneria, con comunicazione a mezzo mail del 25.11.2022 ha istituito il nuovo C.R.A. 12.10 della Struttura di progetto, denominata “AUTORITA’ DI GESTIONE DEL PROGRAMMA INTERREG IPA ITALIA-ALBANIA-MONTENEGRO 2014-2020 E 2021-2027”;
3. la Segreteria della Giunta Regionale, con comunicazione a mezzo mail del 25.11.2022, ha provveduto ad inserire la nuova struttura nel sistema CIFRA attribuendo il codice API per la registrazione delle delibere della Giunta Regionale e il codice 201 per la registrazione degli Atti Dirigenziali;
• con la DGR n. 1044 del 24/07/2023 la Giunta ha deliberato di ridenominare la struttura di progetto “Autorità di Gestione del Programma Interreg IPA Italia Albania Montenegro 2014/2020_2021/2027” in Struttura di progetto “Interreg management structure” assegnandole, tra l’altro, le responsabilità
amministrative del Segretariato Congiunto del Programma Grecia Italia 2014/2020 e 2021/2027;
• con determinazione n.1192 del 08/11/2023 la Sezione personale ha indetto avviso interno per l’acquisizione di candidature per l’incarico di dirigente della Struttura di Progetto Interreg Management Structure e che alla scadenza del 22/11/2023, tuttavia, non risultavano pervenute candidature;
• con mail del 22/11/2023, del 07/12/2023 e con successiva nota prot. AOO_002/1438 del 20/12/2023, alla luce dell’assenza di candidature interne, il Dipartimento Sviluppo Economico ha provveduto a richiedere alla Sezione personale l’attivazione delle procedure per il reclutamento con avviso esterno del dirigente della Struttura di Progetto Interreg Management Structure, chiedendo altresì il conferimento di detto incarico ad interim alla dott.ssa Xxxxxx Xxxxxxxx, per assicurare gli adempimenti strettamente necessari nel breve lasso di tempo relativo alla conclusione della procedura di selezione;
• con Deliberazione n. 1952 del 21 dicembre 2023, la Giunta Regionale ha conferito l’incarico di dirigente ad interim della Struttura di Progetto Interreg Management Structure alla dott.ssa Xxxxxx Xxxxxxxx.
Considerato che:
• Il Programma Interreg IPA SOUTH ADRIATIC sarà implementato con attività promosse dall’AdG e sostenute dal Segretariato Congiunto e dalla struttura della stessa AdG e condivise in sede di Comitato di Sorveglianza. Tra gli interventi attivati, si rileva il primo Avviso pubblico “Call for project proposals
- Capitalisation Small- Scale Projects”, il cui testo è stato approvato dal Comitato di Sorveglianza con procedura scritta n.1 del 19.10.2022, inizialmente finanziato per un totale di 5Meuro, ma con successiva procedura scritta n.6 del 07.02.2024 il Comitato di Sorveglianza ha ulteriormente implementato ad € 6.686.067,84 il budget totale, così suddiviso per Assi prioritari e quote di finanziamento:
ASSI | COFINANZIAMENTO UNIONE EUROPEA (IPA III) | COFINANZIAMENTO NAZIONALE | BUDGET TOTALE | |
COFINANZIAMENTO ESTERO | COFINANZIAMENTO ITALIANO (FDR) | |||
0.XXXXX | € 1.006.593.43 | € 79.399,65 | € 139.165,59 | € 1.225.158,67 |
0.XXXXX | € 1.214.530,24 | € 102.432,90 | € 158.519,36 | € 1.475.482,50 |
3.CONNECTED | € 922.337,02 | € 73.911,90 | € 125.875,76 | € 1.122.124,68 |
4,SOCIAL | € 1.091.599,65 | € 85.077,90 | € 152.372,97 | € 1.329.050,52 |
5.GOVERNANCE | € 1.258.524,59 | € 93.370,44 | € 182.356,44 | € 1.534.251,47 |
TOTALE | € 5.493.584,93 | € 434.192,79 | € 758.290,12 | € 6.686.067,84 |
TOTALE OGGETTO DI CONCESSIONE | € 5.493.584,93 | € - | € 758.290,12 | € 6.251.875,05 |
• Le risorse così ripartite sono congruenti con gli importi stanziati per ciascun asse del Programma, come approvato con la decisione della Commissione Europea C (2022)6940 del 26/09/2022.
• A norma della Delibera C.I.P.E.S.S. n. 78/2021 del 22.12.2021, la quota di cofinanziamento UE a titolo di strumento IPA III è pari a l’82,49% (nello specifico per l’80% per l’Italia e per l’85% per Albania e Montenegro), mentre la quota di cofinanziamento nazionale è pari al 20% per i partner italiani (sia pubblici che privati) finanziati dal Fondo di Rotazione e pari al 15% per partner albanesi e montenegrini. Considerato che il rimborso da parte della CE sarà all’82,49%, al fine di assicurare una sufficiente capienza di fondi IPA III, le risorse finanziarie dei partner di progetto dei paesi IPA dovranno essere il più possibile pari a quelle dei partner italiani.
Per tutto quanto fin qui esposto, è necessario procedere:
• a dare atto che in data 7 febbraio 2024, con procedura scritta n. 6, il Comitato di Sorveglianza ha quindi approvato la graduatoria definitiva dei budget dei progetti dell’Avviso pubblico “Call for project proposals – Capitalisation Small- Scale Projects”, per uno stanziamento totale di € 6.686.067,84;
• all’approvazione della graduatoria definitiva dei progetti finanziabili dell’Avviso pubblico “Call for project proposals – Capitalisation Small-Scale Projects” (Alleg. A), , secondo quando definito ed approvato con procedura scritta n.6 del Comitato di Sorveglianza del 07/02/2024;
• all’approvazione degli schemi di Subsidy Contract (Alleg. B) e degli Schemi di Partnership Agreement (Alleg. C);
• a dare atto che l’Autorità di Gestione del “Programma Interreg I.P.A. SOUTH ADRIATIC” 2021/2027 procederà alla sottoscrizione dei Subsidy Contract con ciascuno dei Lead Partner dei progetti vincitori dell’Avviso pubblico “Call for project proposals – Capitalisation Small-Scale Projects”.
VERIFICA AI SENSI DEL REGOLAMENTO (UE) n. 679/2016
Garanzie della riservatezza
La pubblicazione del presente atto all’Albo pretorio on-line, salve le garanzie previste dalla legge 241/1990 in tema di accesso ai documenti amministrativi, avviene nel rispetto della tutela della riservatezza ai cittadini, secondo quanto disposto dal Regolamento UE n. 679/2016 in materia di protezione dei dati personali, nonché dal D.Lgs. n.196/2003 e dal D.Lgs. n.101/2018 e s.m.i., ed ai sensi del vigente Regolamento Regionale n.5/2006 per il trattamento dei dati sensibili e giudiziari, in quanto applicabile. Ai fini della pubblicità legale, il presente atto è stato redatto in modo da evitare la diffusione di dati personali identificativi non necessari ovvero il riferimento alle particolari categorie di dati previsti dagli articoli 9 e 10 del Regolamento (UE) innanzi richiamato; qualora tali dati fossero indispensabili per l’adozione dell’atto, essi sono trasferiti in documenti separati, esplicitamente richiamati.
Valutazione di impatto di genere |
Ai sensi della D.G.R. n. 938 del 03/07/2023 la presente deliberazione è stata sottoposta a Valutazione di impatto di genere. L’impatto di genere stimato risulta (segnare con una X): ° diretto ° indiretto x neutro ° non rilevato |
ADEMPIMENTI CONTABILI ai sensi del D.Lgs. n. 118/2011 e ss.mm.ii.
Si dichiara che il presente provvedimento non comporta alcun mutamento qualitativo e quantitativo di entrata o di spesa né a carico degli enti per i cui debiti i creditori potrebbero rivalersi sulla Regione e che è escluso ogni ulteriore onere aggiuntivo rispetto a quelli già autorizzati a valere sullo stanziamento previsto dal bilancio regionale.
DETERMINA
Di prendere atto di quanto espresso in narrativa, che costituisce parte integrante e sostanziale del presente atto e che qui si intende integralmente riportato.
Di dare atto che in data 7 febbraio 2024, con procedura scritta n. 6, il Comitato di Sorveglianza ha approvato la graduatoria definitiva dei budget dei progetti dell’Avviso pubblico “Call for project proposals – Capitalisation Small-Scale Projects”, per uno stanziamento totale di € 6.686.067,84.
Di approvare la graduatoria definitiva dei progetti finanziabili dell’Avviso pubblico “Call for project proposals
– Capitalisation Small-Scale Projects”, allegato A) del presente provvedimento, secondo quando definito ed
approvato con procedura scritta n.6 del Comitato di Sorveglianza del 07/02/2024.
Di approvare gli schemi di Subsidy Contract e gli schemi di Partnership Agreement, di cui agli allegati B) e C) del presente provvedimento.
Di dare atto che l’Autorità di Gestione del “Programma Interreg I.P.A. SOUTH ADRIATIC” 2021/2027 procederà alla sottoscrizione dei Subsidy Contract con ciascuno dei Lead Partner dei progetti vincitori dell’Avviso pubblico “Call for project proposals – Capitalisation Small-Scale Projects”.
Di pubblicare il presente provvedimento nel Bollettino Ufficiale della Regione Puglia.
Il presente provvedimento:
1. rientra nelle funzioni amministrative delegate;
2. sarà disponibile nel sito ufficiale della Regione Puglia: xxx.xxxxxxx.xxxxxx.xx, nella sezione “Amministrazione trasparente”, sottosezione “Provvedimenti dirigenti amministrativi”;
3. sarà pubblicato nell’albo pretorio on-line, ai sensi dell’art. 20, co. 3, del DPGR n. 22/2021, in modalità telematica, in relazione all’obbligo di pubblicazione degli atti esecutivi, per un periodo pari a dieci giorni.
Il presente Provvedimento è direttamente esecutivo.
Basato sulla proposta n. 201/DIR/2024/00018 dei sottoscrittori della proposta:
P.O. Attività amministrativa e contabile relativa ai progetti del Programma Interreg IPA CBC Italia-Albania-Xxxxxxxxxx
Xxxxxxxx Xxxxxxx Firmato digitalmente da:
DIRIGENTE DI STRUTTURA DI PROGETTO “INTERREG MANAGEMENT STRUCTURE”
Xxxxxx Xxxxxxxx
ALLEGATO A
PA 1 SMART S.A. | ||
S.O./Acronym/No. | Amount requested | Final Amount negoziated |
Project proposals approved for financing: | 1.225.158,67 € | |
1.1/ GROW SMART / SA-0100123 | 197.015,00 | 196.608,96 € |
1.1/ I-AM_Smart Aquaponics / SA- 0100133 | 182.756,00 | 181.000,18 € |
1.1/ AMTECH / SA-0100202 | 199.924,37 | 195.804,84 € |
1.1/ S.A. FAME Cluster / SA-0100072 | 185.128,00 | 185.041,23 € |
1.1/ NEW ICONS / SA-0100103 | 188.760,00 | 186.952,92 € |
1.1/ ENGAGEMENT / SA-0100223 | 86.568,00 | 83.802,80 € |
1.1/ HERALD / SA-0100128 | 197.544,00 | 195.947,74 € |
PA 2 XXXXX X.X. | ||
X.X./Acronym/No. | ||
Project proposals approved for financing: | 1.475.482,50 € | |
2.2/ BIOTOURS 2.0 / SA-0100179 | 162.664,02 | 161.362,14 € |
2.3/ GREEN / SA-0100170 | 198.552,34 | 198.376,34 € |
2.3/ LEC + / SA-0100100 | 165.803,32 | 163.168,40 € |
2.2/ CROSSWATER+ / SA-0100204 | 167.242,00 | 136.299,44 € |
2.2/ ENGAGE / SA-0100090 | 133.996,00 | 132.102,48 € |
2.1/ SuS_AGRI / SA-0100169 | 142.286,70 | 141.705,02 € |
2.3/ AWeS0Me PLUS / SA-0100231 | 190.932,00 | 189.812,02 € |
2.2/ TOUR / SA-0100206 | 186.812,00 | 184.937,42 € |
2.3/ CLEAN / SA-0100196 | 169.596,00 | 167.719,24 € |
PA 3 CONNECTED S.A. | ||
S.O./Acronym/No. | Amount requested | |
Project proposals approved for financing: | 1.122.124,68 € | |
3.1/ SOFTMOVE / SA-0100225 | 199.873,40 | 197.883,74 € |
3.1/ SOFT MOBILITY / SA-0100178 | 165.717,26 | 165.476,84 € |
3.1/ ISACC + / SA-0100037 | 198.540,00 | 195.956,70 € |
3.1/ ROUTE / SA-0100092 | 196.616,00 | 195.660,70 € |
3.1/ SMART LAND / SA-0100012 | 184.580,00 | 182.209,28 € |
3.1/ ON CLOUD NINE+ / SA-0100205 | 186.812,00 | 184.937,42 € |
PA 4 SOCIAL S.A. |
1
S.O./Acronym/No. | Amount requested | |
Project proposals approved for financing: | 1.329.050,52 € | |
4.2/ InterFIDE-AB 2.0 / SA-0100176 | 141.546,76 | 140.804,42 € |
4.1/ ILOFORDIGITAL / SA-0100122 | 199.112,78 | 197.034,78 € |
4.2/ Wrecks4All 2.0 / SA-0100146 | 199.378,40 | 187.096,68 € |
4.1/ ENTAIL / SA-0100094 | 164.479,72 | 163.987,48 € |
4.2/ FRea / SA-0100063 | 199.862,24 | 199.368,26 € |
4.1/ INTREPID / SA-0100124 | 166.906,44 | 166.520,48 € |
4.1/ CRAFTLAB PLUS / SA-0100144 | 199.637,19 | 197.769,82 € |
4.1/ MUSE / SA-0100188 | 77.776,16 | 76.468,60 € |
PA 5 GOVERNANCE | ||
S.O./Acronym/No. | Amount requested | |
Project proposals approved for financing: | 1.534.251,47 € | |
5.1/ UniValens / SA-0100024 | 198.644,00 | 196.998,14 € |
5.1/ P.U.M.A. / SA-0100003 | 163.688,76 | 159.225,60 € |
5.1/ GOVERNANCE / SA-0100125 | 86.384,00 | 83.920,10 € |
5.1/ SUrF / SA-0100114 | 197.259,42 | 195.635,93 € |
5.1/ A.C.T. / SA-0100002 | 78.765,36 | 78.606,52 € |
5.1/ ADRICOM / SA-0100073 | 148.084,00 | 146.022,80 € |
5.1/ SAGRI / SA-0100117 | 165.895,84 | 162.986,74 € |
5.1/ B-ViSA 2030 / SA-0100216 | 195.596,00 | 190.984,00 € |
5.1/ BLUE FLAG / SA-0100075 | 164.052,96 | 162.348,92 € |
5.1/ EFFORG / SA-0100050 | 157.790,50 | 157.522,72 € |
2
ALLEGATO B
SUBSIDY CONTRACT
In Bari, ITALY, at Xxxxx Xxxxxxx, 000, today …………………………
Between
Regione Puglia
Dipartimento Sviluppo Economico Xxxxx Xxxxxxx, 000
00000 Xxxx Xxxxx
legally represented by the Head of the Managing Authority of the 2021-2027 Programme “Interreg IPA South Adriatic” (EC Implementing Decision C(2022)6940, 26/09/2022, CCI 2021TC16IPCB008 on the (Interreg VI-A) IPA Italia-Albania-Montenegro - Adriatico Meridionale)
- hereinafter referred to as Manging Authority (MA)
and
«Name of the Lead Partner (original language) »
«Department/Office»
«Address»
legally represented by «Legal Representative»
acting as lead partner, as defined in Article 23 of Regulation (EU) 1059/2021
- hereinafter referred to as Lead Partner (LP)
is concluded on the basis of the rules and documents as specified in the framework of the regulations and provisions of this contract and lays down the implementing arrangements for the project
No. /
(ref. number / project acronym)
herein referred to as the “Parties”
With regard to the framework of the regulations and provisions hereunder:
1. Regulation (EU) 2021/1529 of the European Parliament and of the Council of 15 September 2021 establishing the Instrument for Pre-accession Assistance (IPA III) hereinafter referred to as IPA III Regulation;
SUBSIDY CONTRACT
SMALL SCALE PROJECT - SA (number) (acronym)
2. Regulation (EU) 2021/1059 of the European Parliament and of the Council of 24 June 2021 on specific provisions for the European territorial cooperation goal (Interreg) supported by the European Regional Development Fund and external financing instruments;
3. Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy;
4. Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union repealing Council Regulation (EC, Euratom) No 966/2012 (the ‘Financial Regulation’);
5. Rules on procurement as set procurement procedures provided for in Articles 178 and 179 of the Financial Regulation and points 36 to 41 of Chapter 3 of Annex I to that Regulation. Additionally, for Italian partners: the applicable national legislation; and, for Montenegrin and Albanian partners: the respective financing agreements (particularly the Annex II on public procurement), the applicable national legislation, as well as the practical guide (PRAG) on public procurements where applicable;
6. Articles 107 and 108 of the Treaty on the Functioning of the European Union; Commission Regulation (EU) No 1407/2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid; Commission Regulation (EU) No 651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (General Block Exemption Regulation – GBER) and its amendments , in particular Commission Regulation (EU) 2021/1237 amending Regulation (EU) No 651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty; Delegated and Implementing acts, as well as all applicable decisions and rulings in the field of state aid;
7. Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009;
8. Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds;
9. All other EU legislation and the underlying principles applicable to the LP and its Project Partners (hereinafter referred to as PPs) including the legislation laying down provisions on public procurement, on competition and entry into the markets, the protection of the environment, theequal opportunities between men and women;
SUBSIDY CONTRACT
SMALL SCALE PROJECT - SA (number) (acronym)
10. The Commission Implementing Decision C(2022)6940 of 26/09/2022 adopting the Programme Interreg IPA Italy-Albania-Montenegro (South Adriatic) (hereafter referred to as the Programme) as well as Chapter 7 Implementing Provisions of the Programme;
11. The respective financing agreements for Albania and Montenegro;
12. The Call for Project Proposals - Capitalization Small-Scale Projects approved by Monitoring Committee on 19/10/2022, and the approved Application Form of Small-Scale Projects;
13. All Manuals, Guidelines and any other documents relevant for project implementation (e.g. Programme Manual) in their latest version as published on the programme website or handed over to the LP directly during the project implementation;
14. The laws of the Republic of Italy as applicable law to this contractual relationship.
In case of amendment of the above-mentioned legal norms and documents, and any other documents of relevance for the contractual relationship (e.g. application form) the latest version shall apply.
have agreed and accepted the following provisions:
TABLE OF CONTENT
- Article 1: AWARD OF SUBSIDY
- Article 2: TERMS OF FUNDING
- Article 3: DURATION OF THE PROJECT AND OF THE CONTRACT
- Article 4: ELEGIBILITY OF COSTS
- Article 5: REQUEST FOR PAYMENTS AND PAYING OUT OF THE SUBSIDY
- Article 6: REPORTING
- Article 7: VALIDATION OF EXPENDITURES BY NATIONAL CONTROLLERS
- Article 8: CHANGES IN PROJECT
- Article 9: REPRESENTATION OF PROJECT PARTNERS – LEAD PARTNER LIABILITY – PARTNERSHIP AGREEMENT
- Article 10: PROJECT AND FINANCIAL MANAGEMENT
- Article 11: FINANCIAL CONTROL - AUDITS
- Article 12: WITHDRAWAL OR RECOVERY OF UNDULY PAID-OUT FUNDS
- Article 13: PUBLICITY, COMMUNICATION AND BRANDING
- Article 14: OWNERSHIP - DURABILITY - USE OF OUTPUTS
- Article 15: ASSIGNMENTS – LEGAL SUCCESSION
- Article 16: TERMINATION AND REPAYMENT
- Article 17: DE-COMMITMENT
- Article 18: FORCE MAJEURE
- Article 19: LITIGATION
- Article 20: DATA MANAGEMENT AND PROTECTION
- Article 21: FINAL PROVISIONS
SUBSIDY CONTRACT
SMALL SCALE PROJECT - SA (number) (acronym)
Article 1: AWARD OF SUBSIDY
1. Based on the application of the LP in its latest version and the supplementing/amending documents in their latest version (altogether hereinafter referred to as “application documents”), in accordance with the decision of the Monitoring Committee of the Programme (hereinafter referred to as MC), dated 19 October 2022 (and amending decisions) an earmarked subsidy is awarded to the LP for the project /No. , from funds of the Interreg IPA South Adriatic 2021/2027.
Maximum IPA amount of funding awarded | Euro (€) |
Approved Partners´ co-financing | Euro (€) |
Approved project budget | Euro (€) |
Grant rate of the funding | 80% (Italy) - 85% (IPA Countries) |
The parties agree that the amounts set out in the project application form of the electronic monitoring system of the Programme in its most updated version, agreed and approved by the Monitoring Committee, are the valid amounts of the award of subsidy and eventual changes do not require an amendment of this contract.
2. Grant rate of the funding is understood as based on Simplified Cost Options (SCOs), in compliance with art. 94 of the Regulation (EU) 2021/1060, including the percentage rate which results from dividing the funding awarded from the Programme (IPA funding) by the Interreg IPA South Adriatic Programme 21/27 budget of the project (IPA funding + national co-financing both public or private co-financing). The grant rate can change in the course of the implementation of the project. However, the maximum amount of IPA contribution as approved by the MC cannot be exceeded.
The grant rate for the project is up to 80% of the eligible costs for partners located in Italy and up to 85% of the eligible costs for partners located in IPA Countries of the Programme (Albania and Montenegro).
Pre-financing (where applicable)
3. Whereas requested (see annex 4), the LP shall receive a pre-financing amount of 30% of IPA contribution by signature of the present subsidy contract, and it shall transfer the related quota to their project partners without delay. Offset of the pre-financing occurs in the last Joint Progress Report.
Article 2: TERMS OF FUNDING
1. The subsidy is awarded exclusively for the project as it is described in the latest version of the Application Form (AF) and application relevant documents in accordance with the conditions set out by the MC. The application form and its annexes as approved by the MC form an integral part of this contract (see § 8).
2. Disbursement of the subsidy is subject to the condition that the European Commission makes the funds available to the extent described above and that all applicable EU and national rules are observed by the Partnership. In case of non-availability of funds, the MA cannot be deemed responsible for late or missing payments.
3. If the European Commission fails to make the funds available due to reasons that are outside of the sphere of influence of the Programme, the MA is entitled to terminate this contract and any claim by the
SUBSIDY CONTRACT
SMALL SCALE PROJECT - SA (number) (acronym)
LP or the PPs against the MA for whatever reason is excluded. In such a case, the LP will be duly notified by the MA and guided on the respective steps to be taken.
4. The LP accepts the subsidy and undertakes to carry out the project under its own responsibility as laid out in the applicable European Regulations, the respective financing agreements for Albania and Montenegro, delegated and implementing acts or the programme rules based thereon.
5. Should it become evident that the project will not spend the maximum amount of IPA-co-financing, the MC may decide to reduce the award accordingly following the procedure as specified in the Programme Manual.
6. Disbursement of the subsidy is subject to the condition that this subsidy contract is signed by the parties to this contract.
7. In case one or more output and result targets, as set in the latest approved version of the AF, are not successfully reached, corrective measures may be 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.
8. In case a project fails to respect the contractual arrangements on timeliness, budget absorption and achievement of outputs and results, as defined in the latest approved version of the AF, the programme may also reduce the IPA allocated to the project or, if necessary, stop the project by terminating the subsidy contract.
9. The national co-financing of Italian beneficiaries is regulated separately from this contract.
Article 3: DURATION OF THE PROJECT AND OF THE CONTRACT
1. According to the AF, in its latest version, the project has a duration of months starting from
.
2. Specifications on project closure are laid out in the Programme Manual.
3. Without prejudice to the provision concerning the implementation of the project, this contract expires in accordance with obligations on availability of documents as defined in Article 82 of Regulation (EU) No 2021/1060 and the Programme Manual.
Article 4: ELEGIBILITY OF COSTS
1. Costs which qualify for a subsidy pursuant to § 1.1 of this contract shall exclusively consist of eligible costs as listed in the approved AF. The grant shall exclusively take the form of reimbursement of eligible costs declared by beneficiaries on the basis of lump sum, according to art. 94 of the Regulation (EU) 2021/1060, as well as the programme eligibility rules as included in the Programme Manual based thereon. To be co- financed by the Programme, project expenditure has to comply with the methods for determining the costs of the project (SCOs) for each category as defined in the Programme Manual. All programme rules are published on the programme website and it is presumed that they are known by the Lead Partner.
2. As defined in the relevant provisions of the Call for Project Proposals - Capitalization Small-Scale Projects and in Programme Manual, the awarded grant can use SCOs for the following typologies of actions:
a) Lump sum for Preparation cost;
b) Lump sum for Workshop, seminars and conferences;
c) Lump sum for Incoming missions & B2B meetings;
d) Lump sum for Accompanying actions;
e) SSUCs for Targeted Training;
SUBSIDY CONTRACT
SMALL SCALE PROJECT - SA (number) (acronym)
f) SSUCs for Travel&Accomodation;
g) 2% FR for FLC’s cost;
h) Lump Sum for Joint Action plan/Model/Methods.
3. The LP undertakes to carefully analyze and obey those eligibility rules and principles and to contractually forward this obligation to its project partners.
4. The non-compliance with the relevant rules could lead the programme authorities to take corrective measures and exclude from the project budget ineligible expenditure.
5. The costs of the Project are eligible as from the starting date to the end date of the Project as specified in the AF in its latest version in force.
Article 5: REQUEST FOR PAYMENTS AND PAYING OUT OF THE SUBSIDY
1. The LP may only request payments of the IPA contribution on behalf of the project by providing proof of progress of the project towards the achievement of the outputs and results as set in the approved AF, in compliance with the principle of sound project management. To this purpose the LP has to present periodic joint progress reports (JPR) and a final joint progress report to the Joint Secretariat (JS) and MA via the JeMS platform as described in § 6 of this contract and the Programme Manual.
2. An interim and a final payment shall be released after the achievement of following fixed milestones:
A. the first milestone is achieved upon the complete delivery of the first output or outputs planned, being SCOs, completed at the end of a reporting period. The interim payment should be equal to the concerned SCOs amounts corresponding to the delivered outputs;
B. the final payment will be released after the achievement of the second and final milestone, which is the complete delivery of all planned outputs.
The output delivery is considered completed after the follow-up of the concerned activity linked to the relevant SCOs is concluded, including the provision of sufficient documentation related to the achievement of the activity expected results. If the output delivery is not completed, because the activity expected results have not been achieved, the related part of the interim or final payment may not be released. If there is a clear evidence that activity results are achieved only partially, the Managing Authority reserves the right to proportionally reduce the amount, upon consultation of the concerned partner.
3. Payment of lump sums claimed together with the above-mentioned reports is made subject to the provision that the payment of the amount is due according to the schedule as mentioned in § 6.1 of this document and that the European Commission has paid corresponding amounts beforehand.
4. Furthermore, payment of funds is subject to the condition that the legality and regularity of activities underlying the expenditure declared can be sufficiently demonstrated as stipulated in the applicable EU Regulations, Delegated and Implementing Acts or the Programme rules based thereon and that all supporting documents and certificates necessary for the assessment of the MA/JS are submitted in due time.
5. The MA reserves the right not to accept – in part or in full – certificates of expenditure as described in § 7 of this contract if due to the results of its own checks and/or controls or audits performed by another authority such a certificate or the facts stated therein prove to be incorrect or if the underlying activities are not in line with the legal framework as set out in this document. In such a case, the MA will either reduce the claimed certified amount, demand repayment of funds already paid out unduly or set them off against the next payment claim submitted by the LP, if possible. In compliance with Article 97 of Regulation (EU) 2021/1060, payments to the project can be suspended partially or in full in cases of suspicion of an
SUBSIDY CONTRACT
SMALL SCALE PROJECT - SA (number) (acronym)
irregularity. The MA is entitled to withhold any payment to a particular beneficiary (LP or PPs) or the project as a whole until all unclear issues related to the implementation, management and reporting are clarified.
6. The MA, also through the JS, may request relevant information at any time. That information must be supplied by the LP within the demanded time frame. The LP will also provide information and/or requested documents to other programme authorities, courts of auditors or other control institutions acting within their respective sphere of responsibility.
7. In case of system errors detected within audits, the MA also have the right to temporarily withhold payments. Payment suspension(s) shall be lifted as soon as observations and/or reservations raised by the relevant bodies have been withdrawn.
8. The MA ensures that the LP receives payments of the approved contribution from the programme in time and in full. No deduction, retention or further specific charges which would reduce the amount of the payment shall be made, without prejudice of provisions as above in this article. Opposite, the IPA contribution paid shall not exceed the share of IPA resulting from the eligible amount validated by each responsible control authority in compliance with § 7 of this document.
9. The disbursement of funds is subject to the provision by the LP, in addition to the presentation of the certificates of expenditures, of at least the following information: identification of national controllers (as referred to in § 7) of partners claiming costs, bank account of the LP, location of project documents at the premises of the LP and each PPs, evidence of the occurred signature of the partnership agreement (as set out in § 9 of this document).
10. The funds will be disbursed in Euro (EUR; €) only. In case of expenditures denominated in currencies other than Euro, costs shall be converted in Euro using the monthly accounting exchange rate of the EC in the month during which expenditure was submitted for verification to the First Level Controller. Any exchange rate risk will be borne by the LP. The subsidy will be transferred to the account as indicated by the LP in the supplementary information section of the application form. Whenever possible, this account should be of specific project use.
11. By paying out the subsidy according to this contract the MA fulfils its obligations resulting from this contract.
12. In accordance with Article 26 (2) of Regulation (EU) No 2021/1059 the LP shall ensure that the PPs receive the total amount of their respective share of the IPA as quickly as possible and in full. No amount shall be deducted or withheld and no specific charge or other charge with equivalent effect shall be levied that would reduce that amount for the PPs.
13. Payments not requested in time and in full or not in compliance with the payment schedule as indicated in § 6.1 and the overview table of reporting targets provided in AF may be lost.
Article 6: REPORTING
1. In order to demonstrate the progress of the project implementation as described in § 5.1 of this document the LP has to submit periodic joint progress reports and a final report to the MA via JeMS platform according to the timeframe indicated in the overview table of reporting targets as defined in AF. The LP shall agree with all Project Partners suitable deadlines for submission of partner reports and submission of the joint progress report within the deadlines set in the AF. Further details on the reporting procedures are specified in the Programme Manual.
2. The LP and PPs expressly accept the “Terms of service for the use of the Interreg IPA South Adriatic Joint electronic Monitoring System (JeMS)” in the current valid version published in the JeMS platform.
SUBSIDY CONTRACT
SMALL SCALE PROJECT - SA (number) (acronym)
3. Each periodic progress report consists of an activity part and a financial part.
4. The final report is to be sent to the MA via JeMS at the latest four months after the project end date as mentioned in § 3 of this document and the overview table of reporting targets as defined in AF.
5. Further details on the contents of the reports and procedural rules are laid out in the Programme Manual, the contents of which the LP accepts and contractually forwards to its PPs.
Article 7: VALIDATION OF SCOs/ACTIVITIES BY NATIONAL CONTROLLERS
1. Each joint progress report submitted by the LP to the MA via JeMS must be accompanied by certificates confirming the eligibility of SCOs/activities, both at the LP and the PPs level, issued by national controllers as referred to in Article 46 of Regulation 2021/1059 according to the system set up by each Participating Country and in compliance with the requirements set by the legal framework of the Programme and of this contract.
2. The objective of management verifications of the typologies of SCOs as mentioned in § 4 is to verify that the SCOs outputs/milestones of the projects occurred in reality and the related activities are effectively carried out and performed by the beneficiaries. Costs of the activities reported as a SCO shall be eligible in the amount of the relevant SCO set out for the related activities and if the corresponding tasks or parts of the action have been properly implemented in accordance with applicable Application Form.
3. In cases of LP and PPs from countries having set a decentralized control system, the MA reserves the right, after agreement with the national responsible institution, to require that the controller directly selected by the LP or PPs is replaced if considerations, which were unknown when the contract was signed, cast doubts on the controller’s independence or professional standards.
4. Details about the appointment procedure of the National Controllers are laid out in the Programme Manual, which the LP accepts and contractually forwards to its PPs.
5. Changes of address, of account number and of control authority/institution or name of controller(s), have to be duly notified following the procedure laid out in the Programme Manual. Should the MA have any objections to the notified changes it may – after prior discussion with the national responsible institution – ask for replacement of the controller or the institution nominated.
Article 8: CHANGES IN PROJECT
1. Changes in budget allocations, work packages and partner as well as changes in activities/outputs and project duration are allowed, accordingly to the relevant rules and procedures mentioned in the Programme Manual, as long as the maximum amount of funding awarded is not exceeded, if provisions related to State aid discipline are respected and if they follow the conditions and procedures as set out in the Programme Manual. As soon as the LP becomes aware about the need for a project modification, the LP has to inform the JS that will provide support and guidance through the whole modification process.
2. The MA and JS, whereas needed, reserve the right to take the change request before the Monitoring Committee.
3. Any changes occurred in the AF, including the duration of the project and all modifications made according to § 8, are valid retrospectively and by the effect the last version of AF shall prevail without prejudice of the present contract.
4. Expenditures occurred for changes, which were not approved, are ineligible.
5. In compliance with article 94 of the Regulation (EU) 2021/1060, in case any SCO has to be revised because of a subsequent qualified opinion by the Audit, the SSP partners shall replace or adapt those activities
SUBSIDY CONTRACT
SMALL SCALE PROJECT - SA (number) (acronym)
accordingly, as far as compatible with the revised SCOs, assisted by the Managing Authority and Joint Secretariat.
Article 9: REPRESENTATION OF PROJECT PARTNERS – LEAD PARTNER LIABILITY – PARTNERSHIP AGREEMENT
1. “Project Partners” are the organizations listed as such in the latest approved version of the AF.
2. The LP guarantees that it is entitled to represent the Project Partners participating in the project and that it has established a partnership agreement according to Articles 23 and 26 (1) a) of Regulation (EU) No 2021/1059, holding as a minimum content at least the rules as set in the template of partnership agreement provided by the Programme. The allocation of tasks, mutual responsibilities and obligations among the LP and the PPs are specified in this partnership agreement.
3. The LP guarantees that the partnership agreement as a whole provides also for a clear division, in line with the application documents, of the mutual responsibilities between all partners and of the obligation of each PP to assume responsibility in the event of any irregularity.
4. The signature of the partnership agreement shall be demonstrated at the latest within one month after the entering in to force of the subsidy contract as laid out in the Programme Manual. A copy of the signed partnership agreement shall be submitted to the MA at the latest with the first project report. The MA reserves the right to check the partnership agreement in order to verify that it has been signed and that it is in conformity with the minimum requirements as mentioned in § 8 (2) of this document.
5. The LP guarantees furthermore that it has complied with the legal framework according to this contract and with all the relevant legal and other requirements under the law which applies to it. The LP is obliged to contractually in its entirety to the PPs and to include all obligations as set out in this document into the partnership agreement.
6. The LP shall provide the PPs with all information and documents needed for a sound and legally correct project implementation including requirements related to communication and publicity.
7. In accordance with Article 26 of Regulation (EU) No 2021/1059, the LP bears the overall financial and legal responsibility for the entire project and for the PPs. It will be held liable if obligations as laid out in this contract or in applicable European Union´s or national laws are not fulfilled by the project partnership.
8. The LP is furthermore liable towards the MA for ensuring that all PPs fulfil their obligations. It is liable towards the MA for infringements by the PPs of obligations under this contract in the same way as for its own conduct.
9. If the MA demands repayment of subsidy funds in accordance with this contract, the LP is liable towards the MA for the total amount of those funds. The LP is entitled to ask repayment from its PPs as stipulated in Article 52 of Regulation (EU) No 2021/1059, as well as to request the involvement of the authorities of the Country of the concerned PP, in case of repeatedly unsuccessful recovery, according to the procedure described in the Programme Manual.
10. The MA cannot under any circumstances or for any reason whatsoever be held liable for damage or injury sustained by the staff or property of the LP or one of its PPs while the project is being carried out. The MA can therefore not accept any claim for compensation or increases in payment in connection with such damage or injury.
12. The LP shall assume sole liability towards third parties, including liability for damage or injury of any kind sustained by them while the project is being carried out. The LP shall discharge the MA of all liability
SUBSIDY CONTRACT
SMALL SCALE PROJECT - SA (number) (acronym)
associated with any claim or action brought as a result of an infringement of rules or regulations by the LP or one of its PPs, or as a result of violation of a third party’s rights.
Article 10: PROJECT AND FINANCIAL MANAGEMENT
1.The LP ensures a professional management of the project.
2. The LP lays down the arrangements for its relation with the other partners participating in the project in a partnership agreement as mentioned in § 8 of this contract.
3. The LP coordinates the start and implementation of the project according to the time schedule as indicated in this contract and the work plan included in the application form.
4. In line with Article 26 (1) b) and c) of Regulation (EU) No 2021/1059 the LP ensures that the activities reported by the PPs have been effectively carried out for the purpose of implementing the project and corresponds to the activities agreed between the LP and PPs as set out in the AF.
5. The LP is responsible for ensuring the implementation of the entire project in observation of the rules and procedures set in the Programme Manual (e.g. with regard to monitoring the project physical progress, recording and storing of documents, written requests for project changes, implementation of information and publicity measures etc.) and for ensuring that the PPs are made aware of their obligations.
6. The LP informs the MA and JS immediately about all circumstances that delay, hinder or make impossible the realization of the project as well as all circumstances that mean a change of the disbursement conditions and frameworks as laid down in this contract (e.g. loss of a project partner, making use of additional subsidies) or circumstances which oblige the MA to reduce payment or demand repayment of the subsidy wholly or in part.
7. The LP provides the MA and JS with any information requested without delay.
8. The LP implements the project in accordance with European Union´s and national legislation as well as in line with the programme requirements and ensures that also that the PPs respect these rules.
9. The LP provides data for the programme monitoring system (JeMS) in compliance with this contract and according to the MA and JS instructions.
10. The LP submits with the respective progress report the main outputs and deliverables as stated in the AF and following the procedures set in the Programme Manual. One specimen of each developed material shall be stored at the LP´s or PP´s premises for control and audit purposes.
11. The LP seeks the guidance from the JS where necessary and participates in seminars organised by the programme.
12. The LP invites the MA/JS to participate in project meetings as an observer and sends minutes of these meetings to the MA/JS.
13. The LP supports the programme in its information, communication and evaluation activities (e.g. joins project exhibitions, submits texts for programme website and publications).
14. In the name of all PPs, the LP agrees, according to Regulation (EU) 679/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data that the MA is entitled to use personal data, which are contained in the project application form and which are acquired in the organs and authorized 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 Regione Puglia, 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 use such data and to share them with other programmes in order to implement their tasks linked to
SUBSIDY CONTRACT
SMALL SCALE PROJECT - SA (number) (acronym)
European anti-corruption policy and to make such data available to bodies and authorities for evaluation and monitoring purposes.
15. The LP agrees on behalf of all PPs, that the names and addresses of all project partners, 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.
16. The LP ensures that, in case of aid granted under State Aid regime, the LP and its PPs will respect all necessary requirements provided for in Regulation (EU) No 1407/2013 and all relevant applicable Regulations on State Aid and will ensure their respect, when necessary, by those bodies benefitting of project activities/outputs. The LP is obliged to contractually forward this clause in its entity to the PPs.
Article 11: FINANCIAL CONTROL - AUDITS
1. The European Commission, the European Anti-Fraud Office (XXXX), the European Court of Auditors (ECA) and, within their responsibility, the auditing bodies of the participating countries or other national public auditing bodies as well as the Programme Audit Authority, the MA, the respective National Authorities in Albania and Montenegro and JS are entitled to audit the proper use of funds by the LP or by its PPs or to arrange for such an audit to be carried out by authorised persons. The LP and PPs will be notified in due time about any audit to be carried out.
2. The LP undertakes all the necessary actions to comply with the fundamental requirements indicated in this contract, the applicable laws and programme documents (Programme Manual), which are an integral part of this contract, to provide for comprehensive documentation on compliance with those norms and the accessibility to this documentation. Besides the obligations with regard to reporting and information the LP particularly:
a) keeps all documents and data required for controls and audits safely and orderly as further specified in § 10 of this contract;
b) makes all necessary arrangements to ensure that any audit, notified by a duly authorized institution as indicated in § 11.1 can be carried out smoothly and
c) provides any requested information to these institutions about the project and gives access to their business premises, provides and gives access to all the information and documents as requested in the applicable EU Regulations, Delegated and Implementing Acts and the Programme Manual.
3. In case an audit or verification by the Audit Authority, the European Commission, the National and European Court of Auditors, or any other control set by the National legislations substantially detects a failure in the verification of the existence or completeness of the outputs delivered or an error in the calculation method applied by the MA for the SCOs, the MA reserves the right to require the LP and PPs additional documentation of the expenditures incurred, necessary to respond to the specific findings.
4. The LP shall promptly inform the JS about any audits that have been carried out by the bodies mentioned in § 11.1 of this contract.
5. If, as a result of the controls and audits any expenditure is considered not eligible according to the regulatory framework of this contract, the procedure described in § 12 and § 5 (4) of this contract shall apply.
Article 12: WITHDRAWAL OR RECOVERY OF UNDULY PAID-OUT FUNDS
1. In case the MA discovers (e.g. during the day-to-day management or during on-the spot checks) any unduly paid out funds, e.g. due to administrative errors or irregularities, a breach of contract or
SUBSIDY CONTRACT
SMALL SCALE PROJECT - SA (number) (acronym)
infringement of the legal provisions, or in case the MA is notified of such cases, the MA shall, if necessary in consultation with the respective Country concerned and by informing the MC, demand from the LP repayment of the subsidy in whole or in part.
2. The LP shall ensure that, if applicable, the concerned PP repays the LP any amounts unduly paid in accordance with the Partnership Agreement and the Programme Manual. In compliance with article 52 of the Regulation (EU) 2021/1059 and the related provisions of the Financing Agreement, when a financial correction is necessary because of irregularities generated by the LP and it may not be recovered through deduction from payments due to the LP, the MA shall submit by registered post a written recovery note to the LP, followed by a second recovery note within 40 calendar days, if the first is unsuccessful. In case financial corrections are necessary because of irregularities generated by the project partners (PPs) and if they may not be recovered by the LP through deduction from payments due, the LP shall submit by registered post a written recovery note to the concerned PP, followed by a second recovery note within 40 calendar days, if the first is unsuccessful. In case these are unsuccessful, the LP shall inform the MA in order to activate the National Authority of the country, where the PP is located. Once the MA has received the funds from the National Authority of the country of the partner concerned, the MA shall transfer it to the LP.
3. Any delay in effecting repayment shall give rise to interest on account of late payment, starting on the due date and ending on the date of actual payment. The rate of the late interest applied to the amount to be recovered will be calculated in accordance with Article 88 of Regulation (EU) No 2021/1060.
4. In case factors behind the recovery procedure show violation of the Subsidy Contract (see § 18 of this contract) the MA will consider the termination of the contract as last resort. In any case the partnership will be heard before taking a final decision on the termination of the contract.
Article 13: PUBLICITY, COMMUNICATION AND BRANDING
1. Any notice or publication made by the project including presentations at conferences or seminars, whether printed or electronically available, shall point out that the present project was implemented through financial assistance from IPA funds of the Interreg IPA South Adriatic Programme as provided in Chapter III Section I and Annex IX of Regulation (EU) 2021/1060 and in Article 36 of Regulation (EU) 2021/1059. All information, communication and branding measures of the project shall be carried out in accordance with the aforementioned rules, the latest version of the approved Application Form, the Programme Manual and any other guidelines issued by the programme on the matter. The LP shall take care that the PPs comply with these requirements and provide them with relevant documents and any programme guidelines.
2. Any notice or publication relating to the project made in any form and by any means, including the web, must state that it only reflects the author´s view and that the programme authorities are not liable for any use that may be made of the information contained therein.
3. The LP also takes the full responsibility for the content of any notice, publication and marketing product provided to the MA which has been developed by the LP, any of the project partners or third parties on behalf of the LP or the project partners. The LP is liable in case a third-party claims compensation for damages (e.g. because of an infringement of intellectual property rights). The LP will indemnify the MA in case the MA suffers any damage because of the content of the publicity and information material.
4. The LP shall ensure that the project partnership complies with all publicity, communication and branding obligations (e.g. on the use of the programme logo, information requirements, organization of events etc.)
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SMALL SCALE PROJECT - SA (number) (acronym)
as further specified in the Programme Manual, especially as for the use of Programme logos and programme website.
5. According to Article 49 (3) of Regulation (EU) 2021/1060, Programme Authorities shall be authorized to publish, in any and by any means, the following information:
a) the name of the LP and its partners
b) the project name
c) the summary of the project
d) the objectives of the project and the subsidy
e) the project start and end dates
f) the total project budget (IPA contribution + National co-financing + other public and private funding + PPs own resources);
g) the geographical location of the project partners
h) Summary of the progress reports and final report
i) type of intervention for the project in accordance with point (g) of Article 73 (2) of Regulation (EU) 2021/1060.
6. The MA is entitled to furthermore use these data for information and communication purposes as listed in Annex IX of Regulation (EU) 2021/1060.
7. The MA on behalf of the MC and of other programme promoters at national level is entitled to use the outputs of the project in order to guarantee a wide spreading of the project deliverables and outputs and to make them available to the public. The LP agrees that the outputs are forwarded by the MA to other programme authorities as well as the Participating Countries taking part in the programme to use this material to showcase how the subsidy is used.
8. For the purpose of meeting the objectives as set out in § 5 of this contract the LP has to provide evidence of the deliverables and outputs produced as further specified in the Programme Manual.
9. Any communication campaign, media appearance or other publicity of the project shall be communicated to the MA/JS for potential website updates or showcases.
10. The LP is obliged to inform the JS/MA on possible sensitive/confidential issues that cannot be published in the Programme newsletters and website.
11. In the spirit of cooperation and exchange, the LP and PPS must ensure that the outputs and results produced as a result of the project are in the public interest and publicly available. They should be accessible and available to the general public in a usable format. The MA/JS and any relevant Programme, EU and national body can use them for information and communication purposes in the framework of the Programme.
Article 14: OWNERSHIP - DURABILITY - USE OF OUTPUTS
1. Ownership, title and industrial and intellectual property rights in the results of the project and the reports and other documents relating to it shall, depending on the applicable national law and/or the Partnership Agreement, vest in the LP and/or its PPs. The partnership is entitled to establish the property rights of the products deriving from the project according to the EU and national applicable law.
2. The ownership of outputs having the character of investments in infrastructure or productive investments realised within the project must remain with the concerned LP and/or PPs according to the timeframe as well as under the conditions set in Article 65 of Regulation (EU) No 1060/2021. Should any of the conditions set by the mentioned provision not be timely met, the MA/JS must be immediately informed
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SMALL SCALE PROJECT - SA (number) (acronym)
by the concerned LP or PP. The MA will recover the unduly paid IPA contribution in proportion to the period for which the requirements have not been fulfilled.
3. The LP ensures, through the PA, that results and outcomes of the project are joint property of all PPs. The PA also ensures that the specific national rules and instructions relevant for the ownership rights (title, intellectual and industrial property rights) of the project outcomes and results are taken into account when necessary.
4. The LP respects all applicable rules and the basic principles related to competition law as well as the principles of equal treatment and transparency within the meaning of the funding regulations and it ensures that no undue advantage, i.e. the granting of any advantage that would undermine the basic principles and political objectives of the funding regime, is given to anybody. The LP ensures that the results of the project, especially any study, analysis or database produced during the implementation shall be made available to the public in the Programme official web site, in open format, in order to guarantee a widespread dissemination of the project’s outcomes in accordance with the approved AF.
5. The MA reserves the right to use the outputs and results for information and communication actions in respect of the programme. In case there are pre-existing intellectual and industrial property rights which are made available to the project, these are fully respected.
6. Any income generated by the intellectual property rights must be managed in compliance with the applicable EU, national and programme rules on-revenues and state aid.
Article 15: ASSIGNMENTS – LEGAL SUCCESSION
1. The MA is entitled at any time to assign its rights under this contract. In case of assignment the MA will inform the LP without delay.
2. The LP is in exceptional cases and in well-founded circumstances allowed to assign its duties and rights under this contract only after prior written consent of the MA and the MC. The procedure will be further specified in the Programme Manual.
3. Where according to national laws the legal personality does not change and where all assets of the LP or a PP are taken over so that a deterioration of the financial capacity of the acquiring institution is not to be expected (i.e. in cases of universal succession) prior consent by the MC is not necessary. The LP, however, will submit related information together with all documents that are necessary to analyze the legal case in due time to the MA/JS. If the MA/JS comes to the conclusion the conditions as stated above are not fulfilled (e.g. in cases of a singular succession), the LP will be informed that a partner change procedure as stated in
§ 8 has to be initiated.
4. In case of assignment or any form of legal succession of a LP or PP the LP or PP concerned is obliged to assign all rights and obligations and all project related documents to each and any assignee or legal successor. Related reports to the MA/JS as requested in the programme documents have to be forwarded by the LP.
Article 16: TERMINATION AND REPAYMENT
1. In addition to the right of termination as laid down in § 5 the MA is entitled, in whole or in part, to terminate this contract and/or to demand repayment of subsidy in any of the following circumstances:
a) the LP has obtained the subsidy through false or incomplete statements or through forged documents;
SUBSIDY CONTRACT
SMALL SCALE PROJECT - SA (number) (acronym)
b) the LP and its partners receive additional funding from the European Union for all or part of the project expenditure reported under the Programme during the period of the implementation of the project;
c) the project has not been or cannot be implemented, or it has not been or cannot be implemented in due time;
d) the project has not started in due time and even a written reminder by the MA/JS remains unsuccessful;
e) a change has occurred, e.g. with regard to nature, scale, ownership, cost, timing, partnership or completion of the project, that has put at risk the achievement of the results planned and stated in the latest version of the AF;
f) the project outputs and results are not in line with those described in the approved application;
g) the LP has failed to submit required reports (e.g. the progress reports according to the overview table of reporting targets and deadlines annexed to this contract) or proofs, or to supply necessary information provided that the LP has received a written reminder setting an adequate deadline and explicitly specifying the legal consequences of a failure to comply with requirements and has failed to comply with this deadline;
h) the LP has infringed its duty to ask for prior written approval where indicated by this contract or in the Programme Manual or has failed to immediately report events delaying or preventing the implementation of the project funded or any circumstances that mean a change of the disbursement conditions and frameworks as laid down in this contract;
i) the LP or its PPs obstruct or prevented the financial control and auditing as indicated in § 11 of this contract;
j) the amount of funding awarded has been partially or entirely misapplied for purposes other than those agreed upon;
k) insolvency proceedings are instituted against the assets of the LP or one of the PPs or insolvency proceedings are dismissed due to lack of assets for cost recovery or the LP or one of the PPs closes down or liquidates, provided that this appears to prevent or risk the achievement of the project objectives;
l) the provisions related to income and revenues are infringed or the LP does – for any other reasons
– not make available the outputs to the MA;
m) exceeding the permissible limits of the funding regulations the LP wholly or partly sells, leases or lets the project outputs/results to a third party;
n) regulations of EU-law including the horizontal policies or national regulations have been violated;
o) the ownership of project outputs having the character of investments in infrastructure or productive investments did not remain with the concerned LP and/or PPs for the timeframe and under the conditions set in Article 65 of Regulation (EU) No 1060/2021;
p) it has become impossible to verify that the progress report is correct and thus the eligibility of the project by funding from the Programme;
q) the LP and/or any of the PPs is in the situation of undertaking in difficulty, within the meaning of point 24 (in conjunction with point 20) of the “Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty” (Communication from the Commission No. 2014/C 249/01 of 31.07.2014);
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SMALL SCALE PROJECT - SA (number) (acronym)
r) the LP has failed to fulfil any other conditions or requirements for assistance stipulated in this contract and the provisions it is based on, notably if these conditions or requirements are meant to guarantee the successful achievement of the programme objectives.
2. Prior to or instead of terminating the contract as provided for in this article, the MA may suspend payments as a precautionary measure, without prior notice. This measure shall be lifted as soon as the reasons for such measures cease to apply or requested proof can be furnished.
3. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid, the LP is obliged to transfer the repayment amount to the MA. The repayment amount is due within one months following the date of the letter by which the MA asserts the repayment claim; the due date will be stated explicitly in the order for recovery.
4. If a LP or PP fails to return unduly paid funds in another project funded by the Programme, the MA has the right to withdraw the corresponding IPA from any open payment in this project.
5. If the MA exercises its right of termination, offsetting by the LP is excluded unless its claim is undisputed or recognised by declaratory judgement.
6. If the MA exercises its right of termination and the LP is demanded full or partial repayment of amounts already paid. Any delay in effecting repayment shall give rise to interest on account of late payment, starting on the due date and ending on the date of actual payment. The rate of the late interest applied to the amount to be recovered will be calculated in accordance with Article 88 of Regulation (EU) No. 2021/1060.
7. After termination of this contract, the LP´s obligations and liabilities remain.
8. Bank charges incurred by the repayment of amounts due to the MA shall be borne entirely by the LP.
9. If any of the circumstances indicated in the aforementioned point 1 of this paragraph occur before the full amount of subsidy has been paid to the LP, payments may be discontinued and there shall be no claims to payment of the remaining amount.
10. As laid out in § 2.3, the MA is entitled to terminate this contract if the European Commission fails to make the funds available due to reasons that are outside of the sphere of influence of the programme.
11. Any further legal claims shall remain unaffected by the above provisions.
Article 17: DE-COMMITMENT
1. The European Commission shall automatically de-commit any part of a budget commitment of a Programme that has not been used according to the Article 105 of Regulation (EU) No 1060/2021. This de- commitment risk on Programme level is consequently considered on project level.
2. Based on the fact that the payments by the European Commission to the MA will only be made in accordance with the corresponding budget commitments, the LP must report on the activities as foreseen in the workplan of the latest AF for each reporting period.
3. If activities performance does not meet the forecast as approved in the AF, the project may be subject to de-commitment as specified in Programme manual.
Article 18: FORCE MAJEURE
1. Force majeure shall mean any unforeseeable and exceptional event affecting the fulfilment of any obligation under this subsidy contract, which is beyond the control of the LP and PPs and cannot be overcome despite their reasonable endeavours (e.g. substantial changes due to changes in political or financial terms). Any default of a product or service or delays in making them available for the purpose of
SUBSIDY CONTRACT
SMALL SCALE PROJECT - SA (number) (acronym)
performing this contract and affecting the project performance, including, for instance, anomalies in the functioning or performance of product or services, labour disputes, strikes or financial difficulties do not constitute force majeure.
2. If the LP or PPs are subject to force majeure liable to affect the fulfilment of its/their obligations under this subsidy contract, the LP shall notify the MA via the JS without delay, stating the nature, likely duration and foreseeable effects.
3. If the MA is subject to force majeure liable to affect the fulfilment of its obligations within the framework of this subsidy contract, it shall notify it to the LP without delay, stating the nature, likely duration and foreseeable effects.
4. Neither the MA nor the LP or the PPs shall be considered to be in breach of their obligations to execute the project if it has been prevented from complying by force majeure. Where LP or PPs cannot fulfil their obligations to execute the project due to force majeure, grant for accepted eligible expenditure occurred may be made only for those activities which have actually been executed up to the date of the event identified as force majeure. All necessary measures shall be taken to limit damage to the minimum.
Article 19: LITIGATION
1. This contract is governed by and construed in accordance with the laws of the Republic of Italy. Thus, the laws of Italy shall apply to all legal relations arising in connections with this agreement.
2. Any complaints against acts, omissions and/or decisions of the MA/JS during the project implementation phase or by the MC decisions on the basis of the present contract shall be submitted by the LP on behalf of the partnership to the MA for the examination as indicated in Programme manual. The LP, as well as the interested partner, can file a formal complaint against acts, omissions and/or decisions of control and audit bodies (controllers, auditors, etc.) related to the national control system following the procedures set in place at national and EU level.
3. In case of disputes between the MA and the LP, presumption of the good faith from the LP will be privileged and, prior to litigation, mediation procedures shall be set in place.
4. In case of litigation the venue is the court of competent jurisdiction at the seat of the Xxxxxxx Xxxxxx, Xxxx (Xxxxx). Legal proceedings will be in Italian.
Article 20: DATA MANAGEMENT AND PROTECTION
1. Any personal data under this contract must be processed by the MA/JS or other relevant Programme bodies in accordance with the Regulation (EU) 2016/679 (General Data Protection Regulation/GDPR.) on the protection of natural person with regard to the processing of personal data and on the free movement of such data.
2. In accordance with Article 4 of the Regulation (EU) 2021/1060, the MA, other Programme bodies and the Commission must be allowed to process data, where necessary for the purpose of carrying out their respective obligations under the body rules and regulations referred in this contract, in particular for monitoring, reporting, communication, publication, evaluation, financial management, verifications and audits and, where applicable, for determining the eligibility of the participants.
3. The MA may transfer project and/ or personal data to relevant Programme bodies and national authorities for the same purposes as listed in paragraph 2 of this article.
Article 21: FINAL PROVISIONS
SUBSIDY CONTRACT
SMALL SCALE PROJECT - SA (number) (acronym)
1. All the provisions mentioned in this contract shall apply and the rights and obligations derived thereof shall become part of this contact. All cited laws, regulations and Programme documents mentioned are applicable in their currently valid version. The LP declares to respect the legal framework as mentioned and to contractually forward this obligation to the project partnership.
2. The programme language is English. Thus, all correspondence with the MA/JS under this contract must be in English language. Documents have to be submitted as requested in this contract or other programme documents.
3. Unless otherwise stated, all communication is sent to the JS with its office as mentioned on the programme website.
4. If any provision in this contract should be wholly or partly ineffective, the parties to this contract undertake to replace the ineffective provision by an effective provision which comes as close as possible to the purpose of the ineffective provision.
5. In case of differences that are not ruled by this contract, the parties agree to find a joint solution.
6. Amendments and supplements to this contract and any waiver of the requirement of the written form must be in written form and have to be indicated as such. Consequently, any changes of the present contract shall only be effective if they have been agreed on in writing and have been designated as amendment of or supplement to the contract, with the express exclusion of the amendments of AF according to § 8, which are subject only to the project change procedure of the Programme Manual.
7. Any costs, fees or taxes not eligible or any other duties arising from the conclusion or implementation of this agreement shall be borne by the LP and/or its PPs.
8. The Contract is signed digitally where due and whenever possible or, if not possible, with hand- written signature (including also a copy of ID Card or Passport), in two original copies of which one is kept by the LP and one by the MA.
9. The LP is free to accept and sign this contract within one month after having been offered it by the MA (date of the submission by e-mail). After one month, the offer of the MA loses any relevance unless the MA agrees to a prolongation of this period of time.
10. The present contract shall come into force upon signature of signature by the MA. It remains valid as long as any duties linked to the IPA subsidy might be claimed and, in any case, at least until the end of the applicable retention period as communicated by the MA to the LP in compliance with the Programme manual and in accordance with obligations on availability of documents as defined in Article 82 of Regulation (EU) No 1060/2021.
Official stamp of the Signatory (if existing)
Written in ( ) original copies, Managing Authority
Interreg IPA SOUTH ADRIATIC
[Signature]
Name of the Signatory Place and date Position of the Signatory
SUBSIDY CONTRACT
SMALL SCALE PROJECT - SA (number) (acronym)
LEAD PARTNER
Official stamp of the Signatory (if existing)
Project
[Signature]
Name of the Signatory Place and date Position of the Signatory
Please attach a copy of a valid identity document (e.g. identity card, passport)
Annex
1. Monitoring Committee Decision of 15 November 2022
2. Application form, in its current valid version
3. CUP-No. declaration (Applicable only to Italian Lead Partners)
4. Request of pre-financing
SUBSIDY CONTRACT
SMALL SCALE PROJECT - SA (number) (acronym)
ANNEX 3 – CUP No. declaration (applicable to Italian Lead partners)
Italian partners shall fill in and sign following declaration in the applicable version A for public and B for private bodies.
Version A – Declaration by Italian PUBLIC lead partners
-In compliance with art. 11 of the Italian law no.3/2003, Italian partners have the obligation to request and use a unique identification number (CUP) for each project, as a measure supporting transparency and control of public investments, therefore mitigating fraud risk.
-Furthermore, according to CIPE Decisions no. 45 /2011 and no. 143/2002, the CUP no. is obligatory for all Italian partners EU co-financed projects, even within the European Territorial Cooperation, therefore also for the Interreg IPA CBC Italy-Albania-Montenegro.
-In particular, decision no. 45/2011 specified that if the contributions are paid to public bodies or bodies governed by public law the CUP is requested by each public body or body governed by public law; if contributions are paid to private partners, the managing authority shall request the CUP for the private partner.
On this legal basis, I, the undersigned, [name, surname], as the legal representative of <name of the Project Partner´s organisation in original language> acting as Lead Partner /Project Partner in the project < project acronym>,
declare that
- The CUP no. related to this co-funded project is CUP NO. , [CUP NO],
- I committ to use the CUP no., together with the project no. and identification provided in the eMS system, by the organisation I represent, in the financial flows related to the project, such as for payments to contractors, invoices and contracts.
I acknowledge that untruthful/false declarations, in addition to the administrative sanctions and the request for refunding xxxxxx received contribution charged with the interests, can also be prosecuted according to the relevant penal law.
Name of the Signatory - Signature Place and date
SUBSIDY CONTRACT
SMALL SCALE PROJECT - SA (number) (acronym)
ANNEX 4 – Request of pre-financing
PRE-FINANCING PAYMENT REQUEST
Interreg IPA South Adriatic
Date and Prot. -
To the Managing Authority
Interreg IPA South Adriatic Programme Regione Puglia
Dipartimento Sviluppo Economico Xxxxx Xxxxxxx, 000 00000 Xxxx - XXXXX
(project acronym / ref. Number) /No. /
Name and address of the Lead Partner:
I , as legal representative of the LP , hereby request the pre-financing quota, amounting to 30% of the total IPA contribution related to the (project acronym / No. ) under the Subsidy Contract signed on .
As indicated in Article 1 of the Subsidy Contract the amount requested has the following distribution
Partner | Name of Institution | IPA Pre-financing |
Lead Partner | Xxx | € |
Partner 2 | Xxx | € |
Partner 3 | Xxx | € |
Partner 4 | Xxx | € |
Partner 5 | xxx | € |
Partner 6 | xxx | € |
Total | € | |
The payment should be made to the following bank account: ACCOUNT HOLDER
IBAN SWIFT
<provide the same banking account data as reported in JeMS system >
Yours faithfully, Legal Representative Signature and Stamp
ALLEGATO C
PARTNERSHIP AGREEMENT
Between the Lead Beneficiary – (Lead Partner) and the beneficiaries (Partners) of the Operation (Project)
“ /No. ”
co-financed by the European Union under the Instrument for Pre-Accession Assistance (IPA III) Interreg IPA South Adriatic 2021/2027
LEAD BENEFICIARY (LEAD PARTNER)
1. Name of the LP Address
Represented by: Mr.
and the PROJECT BENEFICIARIES (PROJECT PARTNERS)
2. Name of the PP2 Address
Represented by <duly authorised to lawfully bind the organisation in relation to third parties> in its capacity as Partner No. 2: Mr.
3. Name of the PP3 Address
Represented by <duly authorised to lawfully bind the organisation in relation to third parties> in its capacity as Partner No. 3: Mr.
4. Name of the PP4 Address
Represented by <duly authorised to lawfully bind the organisation in relation to third parties> in its capacity as Partner No. 4: Mr.
PARTNERSHIP AGREEMENT
SMALL SCALE PROJECT - SA (number) (acronym)
5. Name of the PP5 Address
Represented by <duly authorised to lawfully bind the organisation in relation to third parties> in its capacity as Partner No. 5: Mr.
herein referred to as the “Parties”
With regard to the framework of the regulations and provisions hereunder:
A. Regulation (EU) 2021/1529 of the European Parliament and of the Council of 15 September 2021 establishing the Instrument for Pre-accession Assistance (IPA III) hereinafter referred to as IPA III Regulation;
B. Regulation (EU) 2021/1059 of the European Parliament and of the Council of 24 June 2021 on specific provisions for the European territorial cooperation goal (Interreg) supported by the European Regional Development Fund and external financing instruments;
C. Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy;
D. Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union repealing Council Regulation (EC, Euratom) No 966/2012 (the ‘Financial Regulation’);
E. Rules on procurement as set procurement procedures provided for in Articles 178 and 179 of the Financial Regulation and points 36 to 41 of Chapter 3 of Annex I to that Regulation. Additionally, for Italian partners: the applicable national legislation; and, for Montenegrin and Albanian partners: the respective financing agreements (particularly the Annex II on public procurement), the applicable national legislation, as well as the practical guide (PRAG) on public procurements where applicable;
F. Articles 107 and 108 of the Treaty on the Functioning of the European Union; Commission Regulation (EU) No 1407/2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid; Commission Regulation (EU) No 651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (General Block Exemption Regulation – GBER) and its amendments , in particular Commission Regulation (EU) 2021/1237 amending Regulation (EU) No 651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty; Delegated and Implementing acts, as well as all applicable decisions and rulings in the field of state aid;
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G. Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009;
H. Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds;
I. All other EU legislation and the underlying principles applicable to the LP and its Project Partners (hereinafter referred to as PPs) including the legislation laying down provisions on public procurement, on competition and entry into the markets, the protection of the environment, the equal opportunities between men and women;
J. The Commission Implementing Decision C(2022)6940 of 26/09/2022 adopting the Programme Interreg IPA Italy-Albania-Montenegro (South Adriatic) (hereafter referred to as the Programme) as well as Chapter 7 Implementing Provisions of the Programme;
K. The respective financing agreements for Albania and Montenegro;
L. The Call for Project Proposals - Capitalization Small-Scale Projects approved by Monitoring Committee on 19/10/2022, including following amendments and modifications, the decisions of the Monitoring Committee of 9th of October 2023 and of 7th February 2024 (Written Procedure n.6) and the approved Application Form of Small-Scale Projects;
M. All Manuals, Guidelines and any other documents relevant for project implementation (e.g. Programme Manual) in their latest version as published on the programme website or handed over to the LP directly during the project implementation;
N. the Subsidy Contract signed by the Programme Managing Authority and the Lead Partner;
O. The laws of the Republic of Italy/Albania/Montenegro as applicable law to this contractual relationship.
have agreed and accepted the following provisions: TABLE OF CONTENT
- Article 1: Definitions
- Article 2: Project Objectives
- Article 3: Subject of the Partnership Agreement
- Article 4: Duration of the Agreement
- Article 5: Lead Partner
- Article 6: Project Partners
- Article 7: Specific Activities
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- Article 8: Organizational Structure of the Partnership
- Article 9: Project activities implemented by third parties on behalf of the project partner
- Article 10: Project Budget and Eligible Expenditure
- Article 11: Pre-financing (where applicable) - Over-budget - Retention at project closure
- Article 12: De-commitment
- Article 13: Monitoring, Reporting and request for payments
- Article 14: Financial Control and Audits
- Article 15: Publicity, Communication and Branding
- Article 16: Dissemination of Project Outcomes
- Article 17: Property Rights
- Article 18: Confidentiality Requirements
- Article 19: Modifications, Withdrawals
- Article 20: Non-fulfillment of Obligations or Delay
- Article 21: Reduction and Discontinuation of the Subsidy Contract / Withdrawal or recovery of unduly paid- out funds
- Article 22: Working language
- Article 23: Legislation, Force Majeure, Disputes
- Article 24: Legal succession
- Article 25: Nullity
- Article 26: Lapse of time
- Article 27: Domicile and signature
- Article 28: Concluding provisions
Article 1: Definitions
For the purposes of this partnership agreement the following definitions apply:
⮚ Project partner: any institution financially participating in the project and contributing to its implementation, as identified in the approved application form. It corresponds to the term “beneficiary” used in the Regulation (EU) 2021/1060 (Common Provisions Regulation).
⮚ Lead partner (LP): the project partner who takes the overall responsibility for the submission and the implementation of the entire project according to Article 26 of Regulation (EU) No 2021/1059.
⮚ Associated partner: any institution/body involved as observer in the project without financially contributing to it, as identified in the approved project application form.
Article 2: Project Objectives
1. The project “ /No. /” (hereinafter “the project”) is based on the Objectives of Interreg IPA South Adriatic Programme 2021/2027 as set out in the Operational Programme. The Programme aims to strengthen cross-border cooperation for smart and sustainable development of the territories involved, with a view to pre-accession of Albania and Montenegro to the European Union.
2. The Programme Priority Axes are, in summary: I. A smarter South Adriatic programme area, by promoting innovative and smart economic transformation (SMART); II. A greener South Adriatic programme area, by promoting clean and fair energy transition, green and blue investment, the circular economy, climate adaptation and risk management (GREEN); III. A more connected South Adriatic programme area by enhancing mobility and regional connectivity (CONNECTED); IV. A more social
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South Adriatic programme area (SOCIAL); V. A better governance in the South Adriatic programme area (GOVERNANCE).
3. The project specific objectives are those precisely identified in the approved Application Form (AF), which is integral part of this agreement.
Article 3: Subject of the Partnership Agreement
1. This partnership agreement lays down the arrangements regulating the relations between the LP and all Project Partners in order to ensure a sound implementation of the project “ /No. /” as in the latest version of the AF form as well as in compliance with the conditions for support set out in the applicable Regulations, delegated and implementing acts, the programme rules based thereon and the subsidy contract signed between the Managing Authority of the Programme (MA) and the LP.
2. The LP and all project partners commit themselves in jointly implementing the project in accordance with the latest version of the approved AF, with the aim to reach the objectives of the project. This also includes the commitment to produce qualitative outputs and to achieve the results set in the AF.
3. The LP and all project partners declare to have carefully read and accepted the legal framework and the other relevant norms affecting the project. In case that changes in the subsidy contract affect the partnership agreement, this document shall be adjusted accordingly.
4. The present partnership agreement serves also explicitly as written mandate by the project partners to LP and authorises the latter to perform the specific duties and responsibilities as set out below.
5. The terms of reference of the project are indicated in the annex. The annex comprises:
• The Decisions of 9th of October 2023 and 7th of February 2024 of the Monitoring Committee (Annex 1);
• the Application Form as approved by the Monitoring Committee and it is an integral part of this Partnership Agreement (Annex 2);
• CUP No. declaration (Applicable only to Italian partners);
• list of bank accounts of the project partners (see related section of the AF).
Article 4: Duration of the Agreement
1. This Partnership Agreement shall take effect on the date is signed by all partners. The obligations related to audit and recoveries of unduly paid amounts shall remain in force even after the agreement termination date.
2. Upon approval by the MA of the final Joint Progress Report, the agreement shall terminate on the date each of the Project Partners receives its share of the last payment of IPA co-financing. Audits and recovery proceedings, as regulated by the EU legislation, may occur even after the termination of this agreement.
3. This agreement has entered into force for the duration stipulated in article 4.1 and cannot be extended without the written permission of the MA following the procedure described in the Programme Manual, as in force.
4. Following the termination of the agreement, all Project Partners are obliged to comply with the obligations concerning the maintaining and filing of documents as defined in Article 82 of Regulation (EU) No 2021/1060 and the Programme Manual.
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Article 5: Lead Partner
The Lead Partner of the project:
a. is entitled to represent the Project Partners in the project.
b. According to Articles 23 and 26 (1) a) of Regulation (EU) No 2021/1059, is responsible for the overall coordination, management and implementation of the project vis-à-vis the MA.
c. Ensures that the activities/expenditures presented by the partners participating in the project has been incurred for the purpose of implementing the project and corresponds to the activities agreed between those partners as specified in the approved AF.
d. Verifies that the activities/expenditures reported by the partners participating in the project has been validated by the controllers, according to the rules set at programme and national level.
e. Shall receive IPA contribution for the entire project and transfer it to the other partners participating in the project within one month of its receipt.
f. Shall appoint a Project Manager who has operational responsibility for the implementation of the overall project and a Finance Manager.
g. Will ensure timely commencement of the project and implementation of the entire project within the time schedule in compliance with all obligations to the MA. The Lead Partner shall notify the Joint Secretary (JS) of any factors that may adversely affect implementation of the project activities and/or financial plan.
h. Shall prepare a work plan setting out tasks to be undertaken as part of the project, the role of the project partners in their implementation, and a project budget.
i. Xxxxx prepare and submit the joint progress reports including supporting documents, according to the Programme Manual, as in force, and additional requested documents and/or informations from JS and MA.
j. Shall address requests for project modifications, according to the Programme Manual, as in force.
k. Shall be, in general, the contact point representing the partnership for any communication with the JS and MA or any other of the Programme Authorities and Structures.
l. Retains at all times, for control purposes, all files, documents and data relevant to the project on customary data storage media in a safe and orderly manner for at least three years after the closure of the Operational Programme. Other possibly longer statutory retention periods, as might be stated by national law, remain unaffected.
m. Any other tasks agreed with the project partners. […add as appropriate]
Article 6: Project Partners
1. Project Partners are the bodies responsible for carrying out specific project activities in the manner and scope indicated in the approved application form. Project Partners commit themselves to undertake all steps necessary to support the LP in fulfilling its obligations as specified in the subsidy contract signed between the MA and the LP as well as in this agreement.
2. The Project Partners will be responsible for:
a. Carrying out the specific activities set out in the AF and in the present Agreement;
b. Providing all information and data to the LP that is required by the latter to coordinate and monitor the implementation of the project and to perform its reporting duties toward the MA;
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c. Regularly submitting activities/expenditures for verification to be on time for the due progress report as set in the subsidy contract, to the designated Controllers, according to the rules set at programme and national level. Verified activities/expenditures must be submitted through the electronic monitoring system to the LP immediately after verification, according to the programme rules, and at least two weeks before the report is due, in order to assist the reporting and reimbursement procedures;
d. Notifying the LP of any factors that may adversely affect implementation of the project in accordance with the work plan;
e. Project partners are responsible to return to the LP any amounts of IPA contribution xxxxxx paid concerning their participation in the project, within a month by the receipt of the written request of the LP, which must be accompanied by the relevant decision of the Programme Authorities. For the national co-financing the specific regulation of the country granting it applies.
3. 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 equal opportunities, protection of environment, financial management, branding, public procurement and State aid;
b. that the activities carried out are strictly related to the approved AF and approved project changes.
c. 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 changes, implementation of information and publicity measures etc.);
d. that in case of aid granted under the de minimis regime all necessary requirements provided for in Regulation (EU) No 1407/2013 and other relevant regulations (i.e. General Block Exemption Regulation – GBER) are respected by the PP concerned and also, when necessary, by those bodies benefitting of project activities/outputs;
e. that programme requirements, as provided for in the Programme Manual and in line with subsidy contract signed between the MA and the LP, are strictly respected.
4. Each Project Partners confirms, according to Regulation (EU) 679/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data that the MA is entitled to use personal data which are contained in the approved AF 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 or any other institution responsible for conducting audits or controls according to European Union´s or national laws.
5. Each Project Partner 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 abovementioned archive is indicated in the programme electronic monitoring system (JeMS) and each PP commits itself to promptly inform the LP on any change of location.
6. Project Partners agree to take all necessary steps enabling the LP to comply with its responsibilities as set out in the Subsidy Contract.
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Article 7: Specific Activities
LP and project partners agree to perform activities as specified in the enclosed application form of the project, which is integral part of this agreement.
Article 8: Organizational Structure of the Partnership
1. For a sound implementation and management of the project a project steering committee will be set up. The project steering committee will be responsible for monitoring the implementation of the project. The project steering committee will be chaired by the LP. Its members shall include the appointed members of LP and project partners. Associated partners shall be invited to take part in the steering committee meetings in an advisory capacity. External key stakeholders may also be invited to take part to one or more meetings in an observer/advisory capacity. The project steering committee shall meet regularly in order to monitor the progress of the project. The JS and the MA can also be invited to attend the meetings.
2. The project steering committee will have the authority to delegate specific tasks or responsibilities to such sub-committees or working groups as it shall deem appropriate to establish.
Article 9: Project activities implemented by third parties on behalf of the project partner
1. In case of cooperation with third parties, including subcontractors or in-house bodies, delegation of part of the activities or of major outsourcing, the project partner concerned shall remain solely responsible to the LP, concerning compliance with its obligations as set out in this Partnership Agreement. The project partner shall duly inform the LP about any delegation or major outsourcing.
2. No project partner shall have the right to transfer its rights and obligations under this Partnership Agreement without the prior consent of all the other project partners.
3. Cooperation with third parties including subcontractors and in-house bodies shall be undertaken in accordance with the rules and procedures set out in EU and national public procurement laws and regulations.
Article 10: Project Budget and Eligible Expenditure
1. The Lead Partner is responsible for preparing a project proposal setting out an estimate of eligible expenditure and funding (IPA and national co-financing).
2. The project budget shall exclusively take the form of reimbursement of eligible costs declared by beneficiaries on the basis of Simplified Cost Options (SCOs) according to art. 94 of the Regulation (EU) 2021/1060. The grant rate for the project is up to 80% of the eligible costs for partners located in Italy and up to 85% of the eligible costs for partners located in IPA Countries of the Programme (Albania and Montenegro).
3. Each Project Partner is responsible towards the LP for guaranteeing a sound financial management of its budget as indicated in the latest version of the approved AF, and pledges to release its part of the co-funding. The budget of the project proposal shall be denominated in Euro (EUR; €). The budget allocated to each partner as well as the project total budget is presented in the table below:
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Partner | Total eligible budget | IPA III co- financing* (%) | IPA III | Total contribution | |
LP | € | 85-80% | € | € | |
PP2 | € | 85-80% | € | € | |
PP3 | € | 85-80% | € | € | |
PP4 | € | 85-80% | € | € | |
PP5 | € | 85-80% | € | € | |
PP6 | € | 85-80% | € | € | |
Total | € | € | € | ||
* The grant rate for the project is up to 80% of the eligible costs for partners located in the Italian eligible territory and up to 85% of the eligible costs for partners located in the territory of IPA Countries of the Programme (Albania and Montenegro).
As defined in the relevant provisions of the Call for Project Proposals - Capitalization Small-Scale Projects and in Programme Manual, the awarded grant can use SCOs for the following typologies of actions:
a) Lump sum for Preparation cost;
b) Lump sum for Workshop, seminars and conferences;
c) Lump sum for Incoming missions & B2B meetings;
d) Lump sum for Accompanying actions;
e) SSUCs for Targeted Training;
f) SSUCs for Travel&Accomodation;
g) 2% FR for FLC’s cost;
h) Lump Sum for Joint Action plan/Model/Methods.
4. The SCOs shall follow eligibility rules stipulated at the Programme Manual.
5. The IPA financial contributions shall be paid into the bank account of the LP who shall be responsible for the administrative and financial management of the funds and for transferring the funds to the respective project partners in full and without delay in accordance with their verified expenditure incurred for project actions effectively carried out. For the national co-financing the related national rules shall apply.
Pre-financing (where applicable)
Whereas requested, the LP shall receive a pre-financing amount of 30% of IPA contribution by signature of the subsidy contract, and it shall transfer the related quota to their project partners without delay. Offset of the pre-financing occurs in the last Joint Progress Report.
Financial guarantee (Not-compulsory clause - the lead partner may decide to use it or not)
Private project partners shall provide the lead partner with a financial guarantee (or a guarantee provided by the respective national authority as specified in the Programme Manual) covering own pre-financing
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amounts. The guarantee shall be issued prior to the signature of this partnership agreement according to the rule specified in the call for project proposals and to the conditions laid down in the Subsidy Contract.
Article 11: De-commitment
1. The European Commission shall automatically de-commit any part of a budget commitment of a Programme that has not been used according to the Article 105 of Regulation (EU) No 1060/2021. This de-commitment risk on Programme level is consequently considered on project level.
2. Based on the fact that the payments by the European Commission to the MA will only be made in accordance with the corresponding budget commitments, the LP must report on the expenditure as foreseen in the financial plan of the latest AF for each reporting period.
3. If de-commitment of funds applies in compliance with the provisions of the Programme Manual, the PPs herewith agree that the deduction shall be imputed to those PPs that have contributed to the decommitment of funds unless a different decision is taken by the MC. Deduction of funds shall be done in a way not to jeopardise future involvement of PPs and implementation of activities.
Article 12: Monitoring and Management verifications, Reporting and request for payments
1. The LP has overall responsibility for monitoring the actions undertaken by the project partners on an ongoing basis.
2. The Lead Partner is responsible for submitting joint progress reports and statements of expenditure to the JS throughout the lifetime of the project (as indicated in the approved AF in force) and by the official end date of the project in order for final payment to be received. These reports should provide details of the activities undertaken as part of the project, the progress/outcomes achieved against targets, expenditure incurred, an explanation for any variances against the work plan’s targets for physical outputs and budget, and proposed corrective actions, and any other information deemed relevant.
3. The objective of management verifications of the typologies of SCOs as mentioned in Article 10 is to verify that the SCOs outputs of the projects occurred in reality and the related activities are effectively carried out and performed by the beneficiaries. Costs of the activities reported as SCOs shall be eligible in the amount of the relevant SCO set out for the related activities and if the corresponding tasks or parts of the action have been properly implemented in accordance with applicable AF.
4. The LP and PPs accept the “Terms of service for the use of the Interreg IPA South Adriatic Electronic Monitoring System (JeMS)” in the current valid version published in the JeMS platform.
5. Each Project Partners may only request, via the LP, payments of the contribution by providing proof of progress of its respective part(s)/activities of the project towards the achievement of the outputs and results as set in the approved AF, in compliance with the principle of sound financial management (as determined by the principles of economy, efficiency and effectiveness) and by demonstrating the utility derived from any purchases. To this purpose, each project partners commits to providing the LP with complete and accurate information needed to draw up and submit progress and final reports and, where possible, the main outputs and deliverables obtained in line with the approved application form. The reporting periods and reporting deadlines are laid down in the approved AF in force. In order to meet the abovementioned deadlines each project partner is obliged to supply the Lead Partner with all information and documentation that the latter deems necessary for the preparation of reports of any kind to the JS/MA or any other structure of the Programme.
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Following the approval of the joint progress report by the MA/JS and the respective IPA funds have been transferred to the LP bank account, the LP shall forward the respective IPA share to each PP without any delay and in full to their bank accounts as indicated in the AF. Bank accounts shall be whenever possible specific for the project and shall provide for registration in Euro (EUR; €) of total expenses (expenditure) and of the return (income) related to the project. Changes of the account number shall be duly notified to the LP.
6. Requests for postponement of the reporting deadline may be granted only in exceptional and duly justified cases. They shall be asked by the LP to the MA via the JS at the latest one week prior to the due deadline.
7. The LP shall inform all project partners on a regular basis of all relevant communication between the LP and the Managing Authority and the Joint Secretariat.
8. The national co-financing of Italian public bodies is regulated separately from this contract.
Article 13: Financial Control and Audits
1. For control and audit purposes, the LP and the Project Partners shall:
A. Retain all files, documents and data concerning the project in order to comply with the obligations concerning the maintaining and filing of documents as defined in Article 82 of Regulation (EU) No 2021/1060 and the Programme Manual
B. Make all the necessary arrangements to ensure that any controls and audits, notified by the duly authorized regional, national, and EU authorities, can be carried out.
C. Give the controlling/auditing authorities any information about the project they request and give them access to the accounting books, supporting documents and other documentation related to the project.
2. The information concerning the reality and validity of actions and expenses eligible for IPA funding provided by each Project Partner shall engage only its own responsibility.
3. The European Commission, the European Anti-Fraud Office (XXXX), the European Court of Auditors (ECA) and, within their responsibility, the auditing bodies of the participating States or other national public auditing bodies as well as the Programme Audit Authority, the MA and the JS are entitled to audit the proper use of funds by the LP or by its Project Partners or to arrange for such an audit to be carried out by authorised persons. The LP and Project Partners will be notified in due time about any audit to be carried out on their expenditure.
Article 14: Publicity, Communication and Branding
1. The Project Partners shall implement the communication and publicity measures in accordance with the project AF and EU Regulations on information and publicity measures to be carried out by the States of the Programme. They shall play an active role in any actions organised to disseminate the results of the project. Any public relations measure shall be coordinated by the LP.
2. Unless the MA requests otherwise, each PP shall ensure that any notice or publication made by the project, including presentations at conferences or seminars, shall point out that the project was implemented through financial assistance from the Interreg IPA South Adriatic Programme 2021/2027 as required by Chapter III Section I and Annex IX of Regulation (EU) 2021/1060 and in Article 36 of Regulation (EU) 2021/1059. All information, communication and branding measures of the project shall
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be carried out in accordance with the aforementioned rules, the latest version of the approved AF, the Programme Manual and any other guidelines issued by the programme on the matter. The LP shall provide the PPs with relevant documents and any programme guidelines.
3. The LP must ensure that all the Project Partners and itself respect the additional branding requirements as laid down in the Programme Manual which forms an integral part of this agreement.
4. Each Project Partner shall ensure that any notice or publication relating to the project made in any form and by any means, including the Internet, states that it only reflects the author´s view and that the programme authorities are not liable for any use that may be made of the information contained therein.
5. All Project Partners also takes the full responsibility for the content of any notice, publication and marketing product provided to the MA which has been developed by the Project Partners or third parties on behalf of the Project Partners. The Project Partners are liable in case a third party claims compensation for damages (e.g. because of an infringement of intellectual property rights). The Project Partners will indemnify the LP in case the LP suffers any damage because of the content of the publicity and information materials.
6. Each Project Partner shall comply with all publicity, communication and branding obligations (e.g. on the use of the programme logo, information requirements, organisation of events etc.) as further specified in the Programme Manual.
7. The LP and each Project Partner authorise the programme authorities to publish, in any and by any means, the following information:
a. the name of the LP and its Project Partners;
b. the project name;
c. the summary of the project activities;
d. the objectives of the project and the subsidy;
e. the project starting and end dates;
f. the total project budget (IPA contribution + National co-financing + other public and private funding + PPs own resources);
g. the geographical location of the project implementation;
h. abstracts of the progress reports and final report;
i. type of intervention for the project in accordance with point (g) of Article 73 (2) of Regulation (EU) 2021/1060.
8. The MA is entitled to furthermore use these data for information and communication purposes as listed in Annex IX of Regulation (EU) 2021/1060. Any communication campaign, media appearance or other publicity of the project shall be communicated to the MA/JS for potential website updates or showcases.
9. The MA on behalf of the MC and of other programme promoters at national level is entitled to use the outputs of the project in order to guarantee a wide spreading of the project deliverables and outputs and to make them available to the public. All Project Partners agree that the outputs are forwarded by the MA to other programme authorities as well as the countries taking part in the programme to use this material to showcase how the subsidy is used. For the purpose of meeting the objectives as set out in § 9.1 of this agreement, each PP shall provide evidence of the deliverables and outputs produced as further specified in the Programme Manual.
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Article 15: Dissemination of Project Outcomes
The LP and the Project Partners shall take note of the fact that the results of the project may be made available to the public and they agree that the results of the project shall be available to all interested parties. Furthermore, they commit to actively participate in any actions organised to capitalize on and disseminate the results of the project.
Article 16: Property Rights
1. The LP and the Project Partners shall ensure that all products developed within the framework of the project are, subject to the provisions of national laws regarding intellectual property, kept free of all rights. They explicitly commit to giving up all patrimonial and commercial rights on teaching material, methodologies and other products of any nature resulting from the project.
2. The result of the joint activities covered by the agreement concerning reports, documents, studies, electronic data and other products, disseminated free of charge or commercially, are the joint property of the Partners.
3. The Project Partners dispose of the property in accordance with mutually agreed upon rules, based on the prevailing rules of co-authorship.
Article 17: Confidentiality Requirements
1. Although the nature of the implementation of this Project is public, it has been agreed that part of the information exchanged in the context of its implementation between the Project Partners themselves or with the MA, JS and the Monitoring Committee, can be confidential. Only documents and other elements explicitly provided with the statement “confidential” shall be regarded as such. This, for example, concerns studies that have been made available to one of the parties in the context of the Project concerning methods, know how, files or any other type of document labelled confidential. This information can only be used by the Partners according to the provisions of this agreement.
2. Project Partners commit to taking measures so that all staff members carrying out the work respect the confidential nature of this information, and do not disseminate it, pass it on to third parties or use it without prior written consent of the LP and the partner institution that provided the information. The Project Partners commit to taking the same measures to maintain the confidential nature of the information, as they would do should it concern their own confidential information.
3. This confidentiality clause shall remain in force for 5 years following the termination of this agreement.
Article 18: Modifications, Withdrawals
1. This present Partnership Agreement can only be changed by means of a written amendment that is signed by all project partners. Modifications to the project in approved AF in force (work plan, budget, etc.) that are approved according to the procedure described in the Programme Manual shall be effective as alterations of this present Partnership Agreement. In case of changes in the partnership, this partnership agreement shall be amended accordingly and signed by the LP and the Project Partners, including the new Project Partner if applicable.
2. Changes in budget allocations per budget lines, work packages and partner as well as changes in activities/outputs and project duration are allowed as long as the maximum amount of funding awarded is not exceeded (with exception of over-budget), if provisions related to State aid discipline
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are respected and if they follow the conditions and procedures as set out in the implementation and applicant manuals. With regard specifically to budget changes, each Project Partner may only apply changes in its approved budget if prior approval from the LP or the programme bodies has been provided, as appropriate. To this purpose, each Project Partner shall timely inform the LP on any request of revision of its budget in respect to its original commitment.
3. The LP and the Project Partners agree not to withdraw from the project unless there are unavoidable reasons for it. If this were nonetheless to occur, the LP and the project partners shall endeavor to cover the contribution of the withdrawing project partner, either by assuming its tasks or by asking one or more new partners to join the partnership.
Article 19: Non-fulfillment of Obligations or Delay
1. All Project Partners are obliged to promptly inform the LP and to provide the latter with all the useful details should there be events that could jeopardise the implementation of the Project.
2. Should one of the Project Partners be in default, the LP shall admonish the respective partner to comply within a reasonable period of time, a maximum of one month.
3. Should the non-fulfilment of obligations continue, the LP may decide to exclude the Project Partner concerned from the Project, with approval of all the other members of the project steering committee. Any modification in the Project Partnership has to acquire approval of the MA or Monitoring Committee.
4. The debarred partner is obliged to refund to the LP any IPA funds that have been unduly received, within the month following notification.
5. In the event of total or partial incompletion of the obligations of any of the project partners or in the event of material errors in the effective execution of project activities, each cosignatory member of the present Partnership Agreement undertakes to reimburse the LP any funds that have been unduly received, within the month following notification.
6. In cases where the non-fulfilment of a Project Partner’s obligations has financial consequences for the funding of the Project as a whole, the LP may demand compensation to cover the sum involved.
7. In case that the MA has proof for irregularities in the project, it will demand the return of all or part of the funding paid out for the project from the LP who will claim the amount concerned by the respective partner/s. In the event that the recovery of funds is not possible, the LP must immediately inform the MA who will inform the respective participating country/s. The demand of return of all of the funding paid out for the project shall automatically mean the termination of the present contract.
Article 20: Reduction and Discontinuation of the Subsidy Contract / Withdrawal or recovery of unduly paid-out funds
1. Should the MC be forced to reduce or discontinue the funding referred to in the Subsidy Contract, and should this entail full or partial refunding of the Programme funds already transferred, all Project Partners are obliged to refund the Programme funds accordingly.
2. The final financial settlement, drawn up on the basis of the Final Statement of Expenditure shall show, both for the overall Project as well as for every Project Partner, the status of the eligible expenses and the portion allocated to all Project Partners of the grant. This determines the amount all partners must
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refund, and shall be held accountable for the full amount of such community funds to be repaid by such Project Partner, should the MC claim such funds from the LP.
3. In compliance with article 52 of the Regulation (EU) 2021/1059 and the related provisions of the Financing Agreement, when a financial correction is necessary because of irregularities generated by the LP and it may not be recovered through deduction from payments due to the LP, the MA shall submit by registered post a written recovery note to the LP, followed by a second recovery note within 40 calendar days, if the first is unsuccessful. In case financial corrections are necessary because of irregularities generated by the project partners (PPs) and if they may not be recovered by the LP through deduction from payments due, the LP shall submit by registered post a written recovery note to the concerned PP, followed by a second recovery note within 40 calendar days, if the first is unsuccessful. In case these are unsuccessful, the LP shall inform the MA in order to activate the National Authority of the country, where the PP is located. Once the MA has received the funds from the National Authority of the country of the partner concerned, the MA shall transfer it to the LP. In case that no PP can be held responsible for the request for repayment, the amount to be repaid shall be apportioned between all PPs pro rata to their project budget share. The amount repayable shall be subject to interest according to Article 88 of Regulation (EU) No 2021/1060. Further provisions of the subsidy contract shall apply by analogy.
4. Bank charges incurred by the repayment of amounts due to the MA via the LP shall be borne entirely by the concerned PPs.
Article 21: Working Language
The working language of this Partnership shall be ENGLISH In case of translation of this document into another language, the English language version shall be the binding one.
Article 22: Legislation, Force Majeure, Disputes
1. This Partnership Agreement is governed by the Italian/Albanian/Montenegrin law being the law of the country of the Lead Partner.
2. The provisions of European Union Law, as well as the provisions of the EU Directives concerning co- ordination of procedures for the award of public service contracts, public supply contracts and public works contracts, and the provisions of EU environmental law must be complied with when entering into contracts concerning actions or investments in the context of this Project. The provisions of this agreement that unlawfully deviate from these provisions shall be deemed as unwritten.
3. Force majeure shall mean any unforeseeable and exceptional event affecting the fulfilment of any obligation under this agreement, which is beyond the control of the LP and Project Partners and cannot be overcome despite their reasonable endeavours. Any default of a product or service or delays in making them available for the purpose of performing this agreement and affecting the project performance, including, for instance, anomalies in the functioning or performance of product or services, labour disputes, strikes or financial difficulties do not constitute force majeure. If the LP or PPs are subject to force majeure liable to affect the fulfilment of its/their obligations under this agreement, the LP shall notify the MA via the JS without delay, stating the nature, likely duration and foreseeable effects. Neither the LP nor the Project Partners shall be considered to be in breach of their obligations to execute the project if it has been prevented from complying by force majeure. Where LP
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or PPs cannot fulfil their obligations to execute the project due to force majeure, grant for accepted eligible expenditure occurred may be made only for those activities which have actually been executed up to the date of the event identified as force majeure. All necessary measures shall be taken to limit damage to the minimum.
4. In case of dispute between the LP and its Project Partners or among Project Partners, presumption of good faith from all parties will be privileged and any disputes shall be persecuted towards an amicable settlement. Disputes will be referred to the project steering committee. If efforts to achieve an amicable settlement should fail, the project partners are obliged to seek an out-of-court arbitration procedure.
5. Any legal dispute that may result from or in connection with this present Partnership Agreement, including such over the validity of this present Partnership Agreement itself and this arbitration clause, will be finally decided in accordance with the jurisdiction of the country where the Lead Partner is located.
Article 23: Legal Succession
In cases of legal succession (e.g. where the Lead Partner changes its legal form), the Lead Partner is obliged to transfer all duties under this contract to the legal successor.
Article 24: Nullity
Should one of the provisions of this agreement be declared null or void in the national law of one of the parties or the law governing this agreement, this shall not render the remaining provisions null and void. The fact that one of the parties does not request application of one of the provisions of the agreement does not imply that this party waives such provision.
Article 25: Lapse of Time
Legal proceedings concerning any issue ensuing from this agreement may not be lodged before the courts more than three years after the fact. In the event of legal proceedings concerning a claim to refund funds, a period of three years following the last transfer shall be applied, upon approval by the MC.
Article 26: Domicile and signature
To the effect of this agreement, the Project Partners shall irrevocably choose domicile at the address stated in their letterhead where any official notifications can be lawfully served.
Any change of domicile shall be forwarded to the Lead Partner within 15 days following the change of address by registered mail.
This agreement shall start having its legal effects, when all parties have signed and the Lead Partner has received the original copies of the signed agreement.
Article 27: Concluding Provisions
The approved Application Form, the EU guidelines and the distributed financial and legal obligations are considered to be integral part of this contract between the Project Partners. Any changes occurred in the AF, including the duration of the project and all modifications made according to the rules and procedures
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as set in the Programme Manual, are valid retrospectively from the date of LP request and by the effect the last version of AF shall prevail without prejudice of the present contract.
All cited laws, regulations and programme documents mentioned in this agreement are applicable in their currently valid version. If any provision in this agreement should be wholly or partly ineffective, the parties to this agreement undertake to replace the ineffective provision by an effective provision which comes as close as possible to the purpose of the ineffective provision.
Written in ( ) original copies,
Annex
1. Monitoring Committee Decisions of 9th of October 2023 and of 7th February 2024
2. Application form, in its current valid version
3. CUP No. declaration (Applicable only to Italian partners)
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LP - Lead Partner of the project
/No. /
Official stamp of the Signatory (if existing)
[Signature]
Name of the Signatory Place and date Position of the Signatory
Please attach a copy of a valid identity document (e.g. identity card, passport)
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PP2 - PARTNER 2 of the project
/No. /
Official stamp of the Signatory (if existing)
[Signature]
Name of the Signatory Place and date Position of the Signatory
Please attach a copy of a valid identity document (e.g. identity card, passport)
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PP3 - PARTNER 3 of the project
/No. /
Official stamp of the Signatory (if existing)
[Signature]
Name of the Signatory Place and date Position of the Signatory
Please attach a copy of a valid identity document (e.g. identity card, passport)
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PP4 - PARTNER 4 of the project
/No. /
Official stamp of the Signatory (if existing)
[Signature]
Name of the Signatory Place and date Position of the Signatory
Please attach a copy of a valid identity document (e.g. identity card, passport)
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PP5 - PARTNER 5 of the project
/No. /
Official stamp of the Signatory (if existing)
[Signature]
Name of the Signatory Place and date Position of the Signatory
Please attach a copy of a valid identity document (e.g. identity card, passport)
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ANNEX 3 – CUP No. declaration (applicable to Italian partners)
All Italian partners shall fill in and sign following declaration in the applicable version A for public and B for private bodies.
Version A – Declaration by Italian PUBLIC lead/project partners
-In compliance with art. 11 of the Italian law no.3/2003, Italian partners have the obligation to request and use a unique identification number (CUP) for each project, as a measure supporting transparency and control of public investments, therefore mitigating fraud risk.
-Furthermore, according to CIPE Decisions no. 45 /2011 and no. 143/2002, the CUP no. is obligatory for all Italian partners EU co-financed projects, even within the European Territorial Cooperation, therefore also for the Interreg IPA CBC Italy-Albania-Montenegro.
-In particular, decision no. 45/2011 specified that if the contributions are paid to public bodies or bodies governed by public law the CUP is requested by each public body or body governed by public law; if contributions are paid to private partners, the managing authority shall request the CUP for the private partner.
On this legal basis, I, the undersigned, [name, surname], as the legal representative of <name of the Project Partner´s organisation in original language> acting as Lead Partner /Project Partner in the project < project acronym>,
declare that
- The CUP no. related to this co-funded project is CUP NO. , [CUP NO],
- I committ to use the CUP no., together with the project no. and identification provided in the eMS system, by the organisation I represent, in the financial flows related to the project, such as for payments to contractors, invoices and contracts.
I acknowledge that untruthful/false declarations, in addition to the administrative sanctions and the request for refunding xxxxxx received contribution charged with the interests, can also be prosecuted according to the relevant penal law.
Name of the Signatory - Signature Place and date
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