Anti-Fraud Measures and Corrective Actions. Beneficiary Countries shall, in the first instance, bear the responsibility to ensure investigation and satisfactory treatment of suspected or actual cases of fraud and irregularities following national or Community controls. 19 as referred to in the General Conditions relating to the Financing Memorandum” attached to the Framework Agreement 20 Commission Regulation (EC, Euratom) 438/2001 of 2 March 2001, OJ L 63; 3.3.2001, p.21 21 Active corruption is defined as the deliberate action of whosoever promises or gives, directly or through an intermediary, an advantage of any kind whatsoever to an official for himself or for a third party for him to act or to refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities’ financial interests. Passive corruption is defined as the deliberate action of an official, who, directly or through an intermediary, requests or receives advantages of any kind whatsoever, for himself or a third party, or accepts a promise of such advantage, to act or to refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities’ financial interests. The national authorities shall ensure the functioning of a control and reporting mechanism equivalent to the one foreseen in Commission Regulation 1681/9422. In particular, all suspected or actual cases of fraud23 and irregularity24 as well as all measures related thereto taken by the national authority must be reported to the Commission services without delay. Should there be no suspected or actual cases of fraud or irregularity to report, the Beneficiary Country shall inform the Commission of this fact within two months following the end of each quarter. In case of irregularity or fraud, the Beneficiary Country shall make the necessary financial corrections required in connection with the individual irregularity. The corrections made by the Beneficiary Country shall consist in cancelling all or part of the Community contribution. The Community funds released in this way may be re-used by the NF for the purpose of the programme, in compliance with Art. 5 of the MoU on the National Fund.
Appears in 2 contracts
Samples: Financing Memorandum1, Financing Memorandum1
Anti-Fraud Measures and Corrective Actions. Beneficiary Countries shall, in the first instance, bear the responsibility to ensure investigation and satisfactory treatment of suspected or actual cases of fraud and irregularities following national or Community controls. 19 as referred to in The national authorities shall ensure the General Conditions relating functioning of a control and reporting mechanism equivalent to the Financing Memorandum” attached one foreseen in Commission Regulation 1681/9438. In particular, all suspected or actual cases of fraud39 and irregularity40 as well as all measures related thereto taken by the national authority must be reported to the Framework Agreement 20 Commission Regulation (ECservices without delay. Should there be no suspected or actual cases of fraud or irregularity to report, Euratom) 438/2001 the Beneficiary Country shall inform the Commission of 2 March 2001, OJ L 63; 3.3.2001, p.21 21 this fact within two months following the end of each quarter. 37 Active corruption is defined as the deliberate action of whosoever promises or gives, directly or through an intermediary, an advantage of any kind whatsoever to an official for himself or for a third party for him to act or to refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities’ financial interests. Passive corruption is defined as the deliberate action of an official, who, directly or through an intermediary, requests or receives advantages of any kind whatsoever, for himself or a third party, or accepts a promise of such advantage, to act or to refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities’ financial interests. The national authorities 38 Commission Regulation (EC) 1681/94 of 11. July 1994; 12.7.94; p. 43 39 Fraud shall ensure mean any intentional act or omission relating to: the functioning use or presentation of false, incorrect or incomplete statements or documents, which has as its effect the misappropriation or wrongful retention of funds from the general budget of the European Communities or budgets managed by, or on behalf of, the European Communities; non disclosure of information in violation of a control and reporting mechanism equivalent to specific obligation with the one foreseen in Commission Regulation 1681/9422same effect; the misapplication of such funds for purposes other than those for which they are originally granted. In particular40 Irregularity shall mean any infringement of a provision of national or Community law, all suspected this Financing Memorandum or actual cases of fraud23 and irregularity24 as well as all measures related thereto taken ensuing contracts, resulting from an act or omission by the national authority must be reported to the Commission services without delay. Should there be no suspected an economic operator, which has, or actual cases of fraud or irregularity to reportwould have, the Beneficiary Country effect of prejudicing the general budget of the Communities or budgets managed by them, by an unjustified item of expenditure. The term “Community law” in this context shall inform be defined as the Commission entirety of this fact within two months following Community rules applicable between the end Parties of each quarter. the Financing Memorandum (e.g. the Europe Agreements, Framework Agreements, the MoU on the Establishment of the National Fund etc.) In case of irregularity or fraud, the Beneficiary Country shall make the necessary financial corrections required in connection with the individual irregularity. The corrections made by the Beneficiary Country shall consist in cancelling all or part of the Community contribution. The Community funds released in this way may be re-used by the NF for the purpose of the programme, in compliance with Art. 5 of the MoU on the National Fund.
Appears in 1 contract
Samples: Financing Memorandum1
Anti-Fraud Measures and Corrective Actions. Beneficiary Countries The beneficiary Country shall, in the first instance, bear the responsibility to ensure investigation and satisfactory treatment of suspected or actual cases of fraud and irregularities following national or Community controls. 19 as referred to in The national authorities shall ensure the General Conditions relating functioning of a control and reporting mechanism equivalent to the Financing Memorandum” attached one foreseen in Commission Regulation 1681/9422. In particular, all suspected or actual cases of fraud23 and irregularity24 as well as all measures related thereto taken by the national authority must be reported to the Framework Agreement 20 Commission Regulation (ECservices without delay. Should there be no suspected or actual cases of fraud or irregularity to report, Euratom) 438/2001 the Beneficiary Country shall inform the Commission of 2 March 2001this fact within two months following the end of each quarter. In case of irregularity or fraud, OJ L 63; 3.3.2001the Beneficiary Country shall make the necessary financial corrections required in connection with the individual irregularity. The corrections made by the Beneficiary Country shall consist in cancelling all or part of the Community contribution. The Community funds released in this way may be re-used by the NF for the purpose of the programme, p.21 in compliance with Art. 5of the MoU on the National Fund. 21 Active corruption is defined as the deliberate action of whosoever promises or gives, directly or through an intermediary, an advantage of any kind whatsoever to an official for himself or for a third party for him to act or to refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities’ financial interests. Passive corruption is defined as the deliberate action of an official, who, directly or through an intermediary, requests or receives advantages of any kind whatsoever, for himself or a third party, or accepts a promise of such advantage, to act or to refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities’ financial interests. The national authorities 22 Commission Regulation (EC) 1681/94 of 11. July 1994; 12.7.94; p. 43 23 Fraud shall ensure mean any intentional act or omission relating to: the functioning use or presentation of false, incorrect or incomplete statements or documents, which has as its effect the misappropriation or wrongful retention of funds from the general budget of the European Communities or budgets managed by, or on behalf of, the European Communities; non disclosure of information in violation of a control and reporting mechanism equivalent to specific obligation with the one foreseen in Commission Regulation 1681/9422same effect; the misapplication of such funds for purposes other than those for which they are originally granted. In particular24 Irregularity shall mean any infringement of a provision of national or Community law, all suspected this Financing Memorandum or actual cases of fraud23 and irregularity24 as well as all measures related thereto taken ensuing contracts, resulting from an act or omission by the national authority must be reported to the Commission services without delay. Should there be no suspected an economic operator, which has, or actual cases of fraud or irregularity to reportwould have, the Beneficiary Country shall inform effect of prejudicing the Commission general budget of this fact within two months following the end Communities or budgets managed by them, by an unjustified item of each quarter. In case of irregularity or fraud, the Beneficiary Country shall make the necessary financial corrections required in connection with the individual irregularityexpenditure. The corrections made by term “Community law” in this context shall be defined as the Beneficiary Country shall consist in cancelling all or part entirety of Community rules applicable between the Parties of the Community contribution. The Community funds released in this way may be re-used by Financing Memorandum (e.g. the NF for the purpose of the programmeEurope Agreements, in compliance with Art. 5 of Framework Agreements, the MoU on the Establishment of the National FundFund etc.)
Appears in 1 contract
Samples: ec.europa.eu
Anti-Fraud Measures and Corrective Actions. Beneficiary Countries shall, in the first instance, bear the responsibility to ensure investigation and satisfactory treatment of suspected or actual cases of fraud and irregularities following national or Community controls. 19 as referred to in The national authorities shall ensure the General Conditions relating functioning of a control and reporting mechanism equivalent to the Financing Memorandum” attached one foreseen in Commission Regulation 1681/9422. In particular, all suspected or actual cases of fraud23 and irregularity24 as well as all measures related thereto taken by the national authority must be reported to the Framework Agreement Commission services without delay. Should there be no suspected or actual cases of 20 Commission Regulation (EC, Euratom) 438/2001 of 2 March 2001, OJ L 63; 3.3.2001, p.21 21 Active corruption is defined as the deliberate action of whosoever promises or gives, directly or through an intermediary, an advantage of any kind whatsoever to an official for himself or for a third party for him to act or to refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities’ financial interests. Passive corruption is defined as the deliberate action of an official, who, directly or through an intermediary, requests or receives advantages of any kind whatsoever, for himself or a third party, or accepts a promise of such advantage, to act or to refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities’ financial interests. The national authorities 22 Commission Regulation (EC) 1681/94 of 11. July 1994; 12.7.94; p. 43 23 Fraud shall ensure mean any intentional act or omission relating to: the functioning use or presentation of false, incorrect or incomplete statements or documents, which has as its effect the misappropriation or wrongful retention of funds from the general budget of the European Communities or budgets managed by, or on behalf of, the European Communities; non disclosure of information in violation of a control and reporting mechanism equivalent to specific obligation with the one foreseen same effect; the misapplication of such funds for purposes other than those for which they are originally granted. 24 Irregularity shall mean any infringement of a provision of national or Community law, this Financing Memorandum or ensuing contracts, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the Communities or budgets managed by them, by an unjustified item of expenditure. The term “Community law” in Commission Regulation 1681/9422. In particularthis context shall be defined as the entirety of Community rules applicable between the Parties of the Financing Memorandum (e.g. the Europe Agreements, all suspected or actual cases Framework Agreements, the MoU on the Establishment of fraud23 and irregularity24 as well as all measures related thereto taken by the national authority must be reported to the Commission services without delay. Should there be no suspected or actual cases of National Fund etc.) fraud or irregularity to report, the Beneficiary Country shall inform the Commission of this fact within two months following the end of each quarter. In case of irregularity or fraud, the Beneficiary Country shall make the necessary financial corrections required in connection with the individual irregularity. The corrections made by the Beneficiary Country shall consist in cancelling all or part of the Community contribution. The Community funds released in this way may be re-used by the NF for the purpose of the programme, in compliance with Art. 5 of the MoU on the National Fund.
Appears in 1 contract
Samples: Financing Memorandum1
Anti-Fraud Measures and Corrective Actions. The Beneficiary Countries Country shall, in the first instance, bear the responsibility to ensure investigation and satisfactory treatment of suspected or actual cases of fraud and irregularities following national or Community controls. 19 as referred to in The national authorities shall ensure the General Conditions relating functioning of a control and reporting mechanism equivalent to the Financing Memorandum” attached one foreseen in Commission Regulation 1681/9417. In particular, all suspected or actual cases of fraud18 and irregularity19 as well as all measures related thereto taken by the national authority must be reported to the Framework Agreement 20 Commission services without delay. Should there be no suspected or actual cases of fraud or irregularity to report, the Beneficiary Country shall inform the Commission of this fact within two months following the end of each quarter. In case of irregularity or fraud, the Beneficiary Country shall make the necessary financial corrections required in connection with the individual irregularity. The corrections made by the Beneficiary Country shall consist in cancelling all or part of the Community contribution. The Community funds released in this way may be re-used by the NF for the purpose of the programme, in compliance with Art. 5 of the MoU on the National Fund. 15 Commission Regulation (EC, Euratom) 438/2001 of 2 March 2001, OJ L 63; 3.3.2001, p.21 21 16 Active corruption is defined as the deliberate action of whosoever promises or gives, directly or through an intermediary, an advantage of any kind whatsoever to an official for himself or for a third party for him to act or to refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities’ financial interests. Passive corruption is defined as the deliberate action of an official, who, directly or through an intermediary, requests or receives advantages of any kind whatsoever, for himself or a third party, or accepts a promise of such advantage, to act or to refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities’ financial interests. The national authorities shall ensure the functioning of a control and reporting mechanism equivalent to the one foreseen in Commission Regulation 1681/9422. In particular, all suspected or actual cases of fraud23 and irregularity24 as well as all measures related thereto taken by the national authority must be reported to the Commission services without delay. Should there be no suspected or actual cases of fraud or irregularity to report, the Beneficiary Country shall inform the Commission of this fact within two months following the end of each quarter. In case of irregularity or fraud, the Beneficiary Country shall make the necessary financial corrections required in connection with the individual irregularity. The corrections made by the Beneficiary Country shall consist in cancelling all or part of the Community contribution. The Community funds released in this way may be re-used by the NF for the purpose of the programme, in compliance with Art. 5 of the MoU on the National Fund.
Appears in 1 contract
Samples: ec.europa.eu
Anti-Fraud Measures and Corrective Actions. Beneficiary Countries shall, in the first instance, bear the responsibility to ensure investigation and satisfactory treatment of suspected or actual cases of fraud and irregularities following national or Community controls. 19 as referred to in the General Conditions relating to the Financing Memorandum” attached to the Framework Agreement 20 Commission Regulation (EC, Euratom) 438/2001 of 2 March 2001, OJ L 63; 3.3.2001, p.21 21 Active corruption is defined as the deliberate action of whosoever promises or gives, directly or through an intermediary, an advantage of any kind whatsoever to an official for himself or for a third party for him to act or to refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities’ financial interests. Passive corruption is defined as the deliberate action of an official, who, directly or through an intermediary, requests or receives advantages of any kind whatsoever, for himself or a third party, or accepts a promise of such advantage, to act or to refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities’ financial interests. The national authorities shall ensure the functioning of a control and reporting mechanism equivalent to the one foreseen in Commission Regulation 1681/9422. In particular, all suspected or actual cases of fraud23 and irregularity24 as well as all measures related thereto taken by the national authority must be reported to the Commission services without delay. Should there be no suspected or actual cases of fraud or irregularity to report, the Beneficiary Country shall inform the Commission of this fact within two months following the end of each quarter. In case of irregularity or fraud, the Beneficiary Country shall make the necessary financial corrections required in connection with the individual irregularity. The corrections made by the Beneficiary Country shall consist in cancelling all or part of the Community contribution. The Community funds released in this way may be re-used by the NF for the purpose of the programme, in compliance with Art. 5 of the MoU on the National Fund. 21 Active corruption is defined as the deliberate action of whosoever promises or gives, directly or through an intermediary, an advantage of any kind whatsoever to an official for himself or for a third party for him to act or to refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities’ financial interests. Passive corruption is defined as the deliberate action of an official, who, directly or through an intermediary, requests or receives advantages of any kind whatsoever, for himself or a third party, or accepts a promise of such advantage, to act or to refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities’ financial interests. 22 Commission Regulation (EC) 1681/94 of 11. July 1994; 12.7.94; p. 43 23 Fraud shall mean any intentional act or omission relating to: the use or presentation of false, incorrect or incomplete statements or documents, which has as its effect the misappropriation or wrongful retention of funds from the general budget of the European Communities or budgets managed by, or on behalf of, the European Communities; non disclosure of information in violation of a specific obligation with the same effect; the misapplication of such funds for purposes other than those for which they are originally granted. 24 Irregularity shall mean any infringement of a provision of national or Community law, this Financing Memorandum or ensuing contracts, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the Communities or budgets managed by them, by an unjustified item of expenditure. The term “Community law” in this context shall be defined as the entirety of Community rules applicable between the Parties of the Financing Memorandum (e.g. the Europe Agreements, Framework Agreements, the MoU on the Establishment of the National Fund etc.)
Appears in 1 contract
Samples: Financing Memorandum1
Anti-Fraud Measures and Corrective Actions. Beneficiary Countries shall, in the first instance, bear the responsibility to ensure investigation and satisfactory treatment of suspected or actual cases of fraud and irregularities following national or Community controls. 19 20 as referred to in the General Conditions relating to the Financing Memorandum” attached to the Framework Agreement 20 21 Commission Regulation (EC, Euratom) 438/2001 of 2 March 2001, OJ L 63; 3.3.2001, p.21 21 22 Active corruption is defined as the deliberate action of whosoever promises or gives, directly or through an intermediary, an advantage of any kind whatsoever to an official for himself or for a third party for him to act or to refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities’ financial interests. Passive corruption is defined as the deliberate action of an official, who, directly or through an intermediary, requests or receives advantages of any kind whatsoever, for himself or a third party, or accepts a promise of such advantage, to act or to refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities’ financial interests. The national authorities shall ensure the functioning of a control and reporting mechanism equivalent to the one foreseen in Commission Regulation 1681/94221681/9423. In particular, all suspected or actual cases of fraud23 fraud24 and irregularity24 irregularity25 as well as all measures related thereto taken by the national authority must be reported to the Commission services without delay. Should there be no suspected or actual cases of fraud or irregularity to report, the Beneficiary Country shall inform the Commission of this fact within two months following the end of each quarter. In case of irregularity or fraud, the Beneficiary Country shall make the necessary financial corrections required in connection with the individual irregularity. The corrections made by the Beneficiary Country shall consist in cancelling all or part of the Community contribution. The Community funds released in this way may be re-used by the NF for the purpose of the programme, in compliance with Art. 5 of 5of the MoU on the National Fund.
Appears in 1 contract
Samples: Financing Agreement
