Common use of Managing Authority Clause in Contracts

Managing Authority. 1) The MA has the obligation to inform the LP regarding the reports, conclusions and recommendations made by the European Commission or Audit Authority that may affect the implementation of the present contract. 2) Additional obligatory deadlines to submit a project report may be set by the MA in order to avoid decommitment of IPA contribution at programme level. The additional deadlines shall be communicated at least 2 months in advance to the LP/ partner. 3) In case one of the obligations of the partner’s not fulfilled, the MA may suspend the execution of the contract. 4) In case of suspending the subsidy contract, the MA may suspend the execution of the present contract. 5) In case of suspending the contract, the MA notifies the partner regarding this decision, suspension period, corrective measures and also the related financial measures. The MA also notifies the partner when the suspension period is finished before the initially set deadline. 6) The MA has the right to decide on the eligibility of expenditure included in the project reports. 7) The MA is entitled to verify and to control the proper use of funds by the beneficiary. The verifications to be carried out by the managing authority shall cover administrative, financial, technical and physical aspects of the project, as appropriate, including of 5 years after the final payment to the project. The MA shall be responsible for the control of the proper use of funds by the LP or by its partners, in particular through preventing, detecting and correcting irregularities and recovering amounts unduly paid together with interest on late payments where appropriate. 8) The responsible auditing bodies of the EU and the two partner states and, within their responsibility, the Audit Authority from Romania and the group of auditors as well as the MA are entitled to audit the proper use of funds by the LB or by its project partners or arrange for such an audit to be carried out by authorized persons. 9) MA is entitled to verify the sustainability of the project for a period of 5 years after the final payment to the project. 10) The MA shall authorize all eligible expenditures approved for a project report submitted via JEMS, as per the Control Certificates issued by the controller and recommendation of the JS and own verifications. 11) The Managing Authority may issue instructions in accordance with the Programme rules Annex D for the purpose of implementation of the present contract, which shall be communicated to the partners and to the National Authority and posted on the Programme’s website. The instructions shall enter into force from the date of their communication, will become part of the contract and are mandatory for the LP and partners. 12) The MA is entitled to publish data regarding the project in accordance with Article 49(3) of Regulation (EU) no. 1060/2021. 13) Subject to availability of funds, the Managing Authority shall pay the total due amount of eligible public expenditure no later than 80 days from the date of submission of the project report by the Lead Partner to the JS, in conformity with the deadline mentioned at the article 74 (1) of the Regulation (EU) no. 1060/2021. 14) The payment deadline mentioned in paragraph 14 may be interrupted by the Managing Authority in accordance with the provisions of Article 74 (1) of the Regulation (EU) no. 1060/2021; 15) The payment deadline shall be resumed once the cases mentioned above have been solved. 16) The Managing Authority may decommit/use the remaining funds following the finalization of public procurement procedures and/or public procurement contracts at project level, as per the provisions of para 7, part A, art. 21. 17) In case the project contribution to indicators is lower compared to the application form, the MA is entitled to decommit project funds by reducing the original project budget and the corresponding IPA contribution, according to the Programme specific procedure (Procedure for financial corrections to be applied to projects that do not/partially achieve the indicators set in the subsidy contract Interreg IPA Romania-Serbia Programme). 18) The MA and the JS analyses the progress and the deficiencies encountered in the implementation period of the project and will make suggestions to the project partnersfor their improvement.