Common use of Managing Authority Clause in Contracts

Managing Authority. 1) The MA shall make available the information regarding the official closure date of the Programme to the LP within 5 working days from the date of the receipt of the Commission’s official notification in this respect. 2) The MA has the right to decide on the eligibility of expenditure included in the project reports. 3) The MA has the obligation to support the LP by providing necessary information and clarifications for the implementation of the project. 4) The MA has the obligation to reply to any written request from the LP in maximum 30 days from the date the MA receives the request. 5) In case of observations and/or reservations raised by the Commission on the description of the management and control system of the Interreg - IPA Romania – Serbia Programme or in case of a system error detected, the MA has the right to temporarily withhold payments to the projects. Payment suspension(s) shall be lifted as soon as observations and/or reservations raised by the Commission have been withdrawn and the MA has received sufficient evidence on the solution of the systemic error(s) detected. 6) The MA is entitled to verify and to control the proper use of funds by the LP or by project partners. 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 partners, in particular through preventing, detecting and correcting irregularities and recovering amounts unduly paid together with interest on late payments where appropriate. 7) 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 LP or by project partners or arrange for such an audit to be carried out by authorized persons. 8) MA is entitled to verify the sustainability of the project for a period of 5 years after the final payment to the project. 9) The MA shall authorize and reimburse to the LP all eligible expenditures approved for a project report submitted via Jems, as per the Control Certificates issued by controllers and own verifications. 10) 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. 11) Additional obligatory deadlines to submit a project report via the electronic system 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. 12) In case one of the obligations of the Lead Partner is not fulfilled, the MA may suspend the execution of the contract. 13) In case of suspending the contract, the MA shall notify the Lead Partner regarding this decision, duration of the suspension period, the proposed corrective measures and also the related financial measures. The MA shall also notify the Lead Partner if the suspension period is cancelled prior to the initially set deadline. 14) 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. 15) 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; 16) The payment deadline shall be resumed once the cases mentioned above have been solved. 17) The Managing Authority may issue instructions in accordance with the Programme rules 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. 18) The MA is entitled to publish data regarding the project in accordance with Article 49(3) of Regulation (EU) no. 1060/2021. 19) 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 art 7, part A, para. 25. 20) 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 contribution to the indicators set in the subsidy contract under Interreg IPA Romania-Serbia Programme). 21) 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 partners for their improvement. 1) The Lead Partner must inform and must ensure that all project partners inform the public, by means of the measures laid down in Regulation (EU) 2021/1059, Article 36, point 4, a)-e) and ▇▇▇▇▇ ▇▇ of Regulation (EU) no.1060/2021, about the assistance obtained from the Funds. 2) The Lead Partner and all project partners are responsible for the implementation of the information and publicity activities related to the non-reimbursable financial assistance received through the programme. 3) The Lead Partner must ensure and must satisfy itself that all project partners ensure transparency and accurate information to the mass media on the projects financed under the Programme. 4) All information and publicity actions developed by the project partners (including the Lead Partner) must observe the Visual Identity Manual (available on the programme website: ▇▇▇.▇▇▇▇▇▇▇-▇▇▇▇▇▇.▇▇▇ or on request at the Joint Secretariat). 5) The rules stipulated in the Visual Identity Manual are mandatory for the Lead Partner and all partners. 6) The publications edited within a project financed under the Programme shall include the name of the project, Jems code and reference to the EU co-financing of the Programme, on the first and the last cover. The publications shall also contain contacts (persons, institution/organization, phone, fax, email and postal address) for the persons interested in finding out further details. The responsibility for the content of materials belongs solely to the Partner. 7) For all information and publicity actions developed by the project partners, the Lead Partner must ensure that they archive in a single place (hard copy and/or electronically) the documents related to these activities (e.g.: information and publicity materials they produced: printed materials, audio-video materials). 8) The Lead Partner is responsible to inform the Joint Secretariat regarding the information and publicity measures taken in order to promote the projects financed under IPA. 9) By accepting the funding, the LP and its partners give their acceptance for their inclusion in the list of operations published in accordance with Article 49(3) of Regulation (EU) no. 1060/2021. 10) The LP shall ensure the proper means of communication between the project and the programme, including: a. participation, whenever requested, in LP trainings organized by the JS; b. participation, whenever requested, in other events organized by the Programme with the purpose of presenting/ discussing/ developing/ sharing project results and creating synergies with other projects and relevant organisations; c. providing a visible link on the project’s website to the Programme website. 11) The competent structures within the MA, upon notification from the JS, verify compliance with the mandatory requirements regarding information and publicity measures contained in the Visual Identity Manual and the applicable European regulations, propose remedial actions and, where remedial actions have not been put into place, the managing authority shall apply measures, taking into account the principle of proportionality, by cancelling up to 2 % of the support from the funds.

Managing Authority. 1) The MA shall make available the information regarding the official closure date of the Ro-Bg Programme to the LP LB within 5 working days from the date of the receipt of the Commission’s official notification in this respect. 2) . The MA has the right to decide on the eligibility of expenditure included related to the expenditure claimed in the a project reports. 3) report. The MA has the obligation to support the LP LB by providing necessary information and clarifications for the implementation of the project. 4) . The MA has the obligation to reply to any written request from the LP LB in maximum 30 days from the date the MA receives the request. 5) In case of observations and/or reservations raised by the Commission on the description of the management and control system of the Interreg - IPA Romania – Serbia Programme or in case of a system error detected, the MA has the right to temporarily withhold payments to the projects. Payment suspension(s) shall be lifted as soon as observations and/or reservations raised by the Commission have been withdrawn and the MA has received sufficient evidence on the solution of the systemic error(s) detected. 6) The MA is entitled to verify and to control the proper use of funds by the LP LB or by its project partners. 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 LB 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. 7) . 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 LP LB or by its project partners or arrange for such an audit to be carried out by authorized persons. 8) . MA is entitled to verify the sustainability of the project for a period of 5 years after the final payment to the project. 9) payment. The MA shall authorize and reimburse to the LP all eligible expenditures approved for a related to the project report reports submitted via Jemsby the LB, as per the First Level Control Certificates (FLC) Reports issued by controllers FLC and own verifications. 10) recommendation of the JS. The MA has the obligation to inform the LP LB regarding the reports, conclusions and recommendations made by the European Commission or Audit Authority that may affect the implementation of the present contract. 11) . Additional obligatory deadlines to submit a project report via the electronic system may be set by the MA in order to avoid decommitment of IPA ERDF contribution at programme Programme level. The additional deadlines shall be communicated at least 2 months in advance to the LP. 12) LB. In case one of the obligations of the Lead Partner Beneficiary is not fulfilled, the MA may suspend the execution of the contract. 13) . In case of suspending the contract, the MA shall notify the Lead Partner Beneficiary regarding this decision, duration of the suspension period, the proposed corrective measures and also the related financial measures. The MA shall also notify the Lead Partner Beneficiary if the suspension period is cancelled prior to the initially set deadline. 14) . Subject to availability of funds, the Managing Authority shall pay the total due amount of eligible public expenditure no later than 80 90 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) noBeneficiary. 1060/2021. 15) The payment deadline mentioned in paragraph 14 13 may be interrupted by the Managing Authority in accordance with the provisions of Article 74 (1) either of the Regulation (EU) no. 1060/2021; 16) The payment deadline shall be resumed once the cases mentioned above have been solved. 17) The Managing Authority may issue instructions in accordance with the Programme rules 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. 18) The MA is entitled to publish data regarding the project in accordance with Article 49(3) of Regulation (EU) no. 1060/2021. 19) 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 art 7, part A, para. 25. 20) 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 contribution to the indicators set in the subsidy contract under Interreg IPA Romania-Serbia Programme). 21) 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 partners for their improvement. 1) The Lead Partner must inform and must ensure that all project partners inform the public, by means of the measures laid down in Regulation (EU) 2021/1059, Article 36, point 4, a)-e) and ▇▇▇▇▇ ▇▇ of Regulation (EU) no.1060/2021, about the assistance obtained from the Funds. 2) The Lead Partner and all project partners are responsible for the implementation of the information and publicity activities related to the non-reimbursable financial assistance received through the programme. 3) The Lead Partner must ensure and must satisfy itself that all project partners ensure transparency and accurate information to the mass media on the projects financed under the Programme. 4) All information and publicity actions developed by the project partners (including the Lead Partner) must observe the Visual Identity Manual (available on the programme website: ▇▇▇.▇▇▇▇▇▇▇-▇▇▇▇▇▇.▇▇▇ or on request at the Joint Secretariat). 5) The rules stipulated in the Visual Identity Manual are mandatory for the Lead Partner and all partners. 6) The publications edited within a project financed under the Programme shall include the name of the project, Jems code and reference to the EU co-financing of the Programme, on the first and the last cover. The publications shall also contain contacts (persons, institution/organization, phone, fax, email and postal address) for the persons interested in finding out further details. The responsibility for the content of materials belongs solely to the Partner. 7) For all information and publicity actions developed by the project partners, the Lead Partner must ensure that they archive in a single place (hard copy and/or electronically) the documents related to these activities (e.g.: information and publicity materials they produced: printed materials, audio-video materials). 8) The Lead Partner is responsible to inform the Joint Secretariat regarding the information and publicity measures taken in order to promote the projects financed under IPA. 9) By accepting the funding, the LP and its partners give their acceptance for their inclusion in the list of operations published in accordance with Article 49(3) of Regulation (EU) no. 1060/2021. 10) The LP shall ensure the proper means of communication between the project and the programme, includingduly justified cases: a. participation, whenever requested, in LP trainings organized by the JS; b. participation, whenever requested, in other events organized by the Programme with the purpose of presenting/ discussing/ developing/ sharing project results and creating synergies with other projects and relevant organisations; c. providing a visible link on the project’s website to the Programme website. 11) The competent structures within the MA, upon notification from the JS, verify compliance with the mandatory requirements regarding information and publicity measures contained in the Visual Identity Manual and the applicable European regulations, propose remedial actions and, where remedial actions have not been put into place, the managing authority shall apply measures, taking into account the principle of proportionality, by cancelling up to 2 % of the support from the funds.