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SIDIG-MED Project Kick Off Meeting ENPI CBC MEDITERRANEAN SEA BASIN PROGRAMME 2007-2013 Amman, February 5-6, 2014 Inge Keymeulen Project officer Joint Technical Secretariat Ph. +39 07 06 06 20 79 [email protected]

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Page 1: Presentation sidig med-jts

SIDIG-MEDProject Kick Off Meeting

ENPI CBC MEDITERRANEAN SEA BASIN PROGRAMME 2007-2013

Amman, February 5-6, 2014

Inge KeymeulenProject officer

Joint Technical SecretariatPh. +39 07 06 06 20 79

[email protected]

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Presentation overview

• Contractual Obligations

• Modifications of the Project

• Monitoring Reports

2

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Contractual obligations

3

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Legal framework of the Project

CBC Strategy Paper 2007-2013Indicative programme 2007-2010

Financial Regulation (1605/2002) and Implementing Rules (2342/2002)

Practical Guide for External Actions (PraG)

Joint Operational Programme

Call for Proposals

Grant contract JMA - Beneficiary

Partnership Agreement

ENPI Regulation (1638/2006) and Implementing Rules (951/2007)

Projects Implementation Manual

EC Decision

Financing Agreements

Directive 2004/18/EC on Public Procurement

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About the GrantAbout the GrantHow can I ensure the achievement of theproject objectives and therefore its success?

By complying with the contractual commitments described in your approved project proposal and respecting all legal requirements:

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What is the PraG?What is the PraG? It is a working tool describing procedures and related standard documents

and contract templates for the programmes and projects of the externalactions of EC

It is to be used for ENPI CBC, as indicated in the Implementing Rules The specificities of the Programme have to be taken into account (e.g. Special Conditions to

the contract, specific rules defined in the JOP)http://ec.europa.eu/europeaid/work/procedures/implementation/practical_guide/previous_versions/2011/index_en.htm

PraG version to be used for SIDIG-MED:

PraG 2010 update March 2011

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The Grant ContractThe Grant Contract

The Grant Contract, signed between the Beneficiary and the Joint Managing Authority, is the main legal tool to be used during the project lifetime.

It defines:• The project description, its duration, the amount of the grant, …• The applicable rules for the project implementation• The reporting templates and the terms of reference for expenditure verification

The provisions of the Special Conditions take precedence over all the annexesAnnex I: Part 5 of the Full Application Form – Description of the ProjectAnnex II: General Conditions applicable to European Union financed grant contracts for external

ActionsAnnex III: Budget of the ProjectAnnex IV: Contract-award proceduresAnnex V: Standard request for payment and financial identification formAnnex VI: Model narrative and financial reportAnnex VII: Terms of reference for an expenditure verification of an EU financed grant contract for external

actions and model report of factual findingsAnnex VIII: Pre-financing guarantee formAnnex IX: Standard template for Transfer of Assets Ownership Annex X: Partnership Agreement

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Special conditions– Article 1 – Purpose– Article 2 - Implementation period of the Project– Article 3 - Financing of the Project – Article 4 - Narrative and financial reporting and payment

arrangements– Article 5 - Contact addresses – Article 6 – Annexes– Article 7 - Other specific conditions applying to the

Action

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Some basics:

Know the rules! – You award a grant on behalf of an ENPI CBC Programme – Read carefully the Grant Contract and the Partnership Agreement

Focus on objectives and results– Review and confirm the exact roles and responsibilities of each partner as

outlined in the grant contract and in the Partnership Agreement– Review and agree the work plan and agree the next immediate steps– Ensure a shared understanding of the budget, financial obligations and

financial flows

Set up a smooth communication flow– Appoint an overall coordinator and the other team members– Agree about reporting obligations (narrative and financial reporting)– Agree about internal and external communication

Monitoring & reporting– Six-month monitoring– Interim and Final Reports

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What comes first?

• The provisions of the Special Conditions take precedence over ALL the Annexes

• Annex II (General Conditions applicable to European Union financed grant contracts for external Actions) takes precedence over the other annexes

Read those 2 documents carefully before getting started!

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Start of implementation

• Distinguish between:– When the contract takes effect = date of last signature

(SIDIG-MED: November 15th 2013)– When the Project starts = as specified in art. 2.2 of the

special conditions:The day following that on which the last of the two Parties signs (SIDIG-MED: project started on November 16th 2013)

• Costs are eligible only after Project start date

Procedures to award sub-contracts for goods, services or works may be initiated before that date but sub-contracts may NOT be concluded by the Beneficiary or its partners before the Project start date

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Balance payment period

Contract-ing period

PROJECT AWARD

CONTRACT SIGNED/

START OF PROJECT

ACTIVITIES

END OF PROJECT

ACTIVITIES

FINAL PAYMENT

Costs not eligible

Costs eligible

Implementation period

Final report

ing period

Inspection period(for 7 years after final payment received)

Time. . . C o n t r a c t u a l o b l i g a t i o n s . . .

All accounting and project documents should remain archived and accessible

Costs not eligible except costs relating to

final reports, expenditure

verification and project evaluation

3months

Before the end of

March 2016

SUBMISSION OF FINAL REPORT

Reporting period

6 months

SIDIG-MED time lineDate of signature of the contract: November 15th 2013Duration: 24 months

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Implementation period

• Distinguish between:

– when the implementation period ends: 24 months after Action start date (art. 2.3 Special conditions)

and– when the execution period of the contract ends:

when final payment is paid by JMA

OR in any case at the latest 18 months after the end of implementation period

Costs are eligible only during the implementation period except for costs related to final reports, expenditure verification and project evaluation

SIDIG-MED: the date of the last signature is November 15th 2013, the implementation period starts on 16/11/2013 and ends on 15/11/2015

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Obligations of the partnership: key elements

General conditions article 1.3:

Partners take part in the implementation of the Action, and the costs they incur are eligible in the same way as those incurred by the Beneficiary.

General conditions article 1.3 (as modified by Article 7.4.1):“The Beneficiary (...) shall undertake that the conditions applicable to it under Articles 1, 3, 4, 5, 6, 7, 8, 9.2, 10, 11.2, 12.2, 14, 15.5, 15.6, 16, 17 and 18.4 shall also apply to its partners, and those applicable under Articles 1, 3, 4, 5, 6, 7, 8, 10 and 16 to all subcontractors. In particular, the Beneficiary should undertake that the conditions applicable to it under Article 18.6 (according to the text introduced by paragraph 7.4.6 of these Special Conditions) on the recovery procedure by the EU Member States and the Commission shall also apply to its partners.”

It shall include provisions to that effect as appropriate in its contracts with them.

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Article 1 – General obligations

Article 3 – Liability

Article 4 – Conflict of interests

Article 5 – Confidentiality

Article 6 – Visibility

Article 7 – Ownership/use of results and equipment

Article 8 – Evaluation/monitoring of the Action

Article 9 – Amendment of the Contract

Article 10 – Assignment

Article 11 – Implementation period of the Action, extension, suspension, force majeure and end date

Article 14 – Eligible costs

Article 15 – Payment and interest on late payment

Article 16 – Accounts and technical and financial checks

Article 17 – Final amount of financing by the Contracting Authority

Article 18 – Recovery

The provisions mentioned in article 7.4.1 of the Special Conditions concern:

They apply to the Beneficiary (all), to the partners (all) and to the subcontractors (only the underlined ones)

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Modifications to the Project and amendment of the Contract

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Reasons for Modifications

• time constraints;

• some activities cannot be carried out;

• withdrawal of a partner;

• budget needs: some partners are overspending, some underspending

in different Activities/BLs (see Partnership Agreement: The PPs shall

inform the Beneficiary immediately when any need for an amendment

of the project budget occurs).

• ….

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Legal framework:

Article 7.4.3 of Special conditions to the Grant Contract modifying

article 9 of Annex II (General conditions) :

“Any amendment to the contract, including the annexes thereto,

must be set out in writing in an addendum. This contract can be

modified only during its execution period. …..”

Modifications to the Project andamendment of the Contract

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Types of Amendments (1)

Major amendments requiring always an addendum to be approved by the JMC

Anything requiring an update of the grant contract (and of its

annexes) is considered as a major change.

Examples of major amendments:

• Partnership change or replacement;

• Transfer among budget headings and/or partners above 15%;

• Modification to Expected Results/Outputs;

• Change of the Project duration;

• …..

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Types of Amendments (2)

Limited amendments usually NOT requiring the approval of an addendum

Examples of limited amendments (in some circumstances they could require an addendum)• budget changes below 15% among budget headings;• budget changes below 15% among partners;• budget changes within the same budget heading (sub-headings);• modification of the associates;• modifications of the activities not involving a modification of project

objectives and results.

REFER ALWAYS TO YOUR JTS OFFICERS

IF YOU INTEND TO AMEND YOUR PROJECT

ATTENTION: Budget changes (%) are always calculated on the basis of the approved budget (Annex III of the Grant Contract)

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Examples of minor changes:

• VAT status;

• contact details of the Applicant or partners;

• changes of bank account and changes of auditor (this does not stop

the JMA from opposing the Beneficiary's choice of bank account or

auditor)

• change in the acronym

Types of Amendments (3)

Minor changes certainly NOT requiring an addendum

Minor changes have always to be notified !

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Procedure (1)

Minor changes not requiring an amendment:

• a simple notification to the JTS and JMA must be sent within 30

calendar days.

Limited amendments:

• a notification must be sent to the JTS and JMA. The change must be

notified within 30 calendar days from the moment it has occurred (prior

authorization of the JMA is not needed but it is always recommended to

submit the notification before it has already occurred).

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Procedure (2)

Major amendments requiring the approval of an addendum:

1. Official letter must be sent with the description of the amendment and the reasons for change (upon request a template is provided by the JMA).

2. The JTS and the JMA will assess the proposed modifications;

3. If acceptable the JMA will send the request to the JMC in order to approve the addendum;

4. The Addendum must be signed by both the JMA and the Beneficiary with the prior submission of a signed addendum to the Partnership Agreement among PPs.

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Modification of the project duration: an addendum to the Grant contract is required

The Beneficiary may request an extension of the Action implementation period (Special Conditions art. 7.2.11 derogating from General Conditions art. 11.1)

– In exceptional and justified cases– No later than 30 calendar days before the initially foreseen

end of the project– Request must be accompanied by all the supporting

evidence needed for its appraisal and must be approved by the Joint Monitoring Committee

To date all projects must end by December 31st 2015

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Monitoring reports

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Type of reports required during project life cycle:

26

State of play

Efficiency & Effectiveness

Impact

Six m

onth

mon

itorin

g

repo

rtSix m

onth

mon

itorin

g

repo

rt

Interim

reportInterim

report

Final

reportFinal

report

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• Article 4 – Narrative and financial reporting and payment arrangements

4.1 Narrative and financial reports shall be produced in support of

payment requests, in compliance with Articles 2 and 15.1 of Annex II

(General conditions).

Article 4 Special Conditions:

4

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• Obligation to provide the JMA with all required information on the implementation of the project : The Beneficiary must draw up interim reports and a final report and send them to the Joint Managing Authority within the foreseen deadlines

• Both Interim and Final reports should be drafted in the language of the project

• Interim reports should accompany every request for payment

• The final report should be sent no later than 3 MONTHS after the end of the project implementation period

5

Article 2 General Conditions (1):

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Article 2 General Conditions (2):

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If the Beneficiary fails to supply the Joint Managing

Authority with a final report by the set deadline without

sufficient written explanation, the Joint Managing

Authority may terminate the Contract in accordance with

Article 12.2 a) and recover the amounts already paid

and not substantiated.

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• where the Beneficiary fails to present an interim report and a request for payment by the end of each twelve-month period following the date of the start of the implementation, the Beneficiary must:

inform the Joint Managing Authority about the reasons why

and provide a summary of progress in the Project implementation

(six month report)

• if the Beneficiary fails to comply with this obligation, the Joint Managing Authority may terminate the Contract in accordance with Article 12.2 a) and recover the amounts already paid and not substantiated.

30

Article 2 General Conditions (3):

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Reporting

Prepare a narrative report of activities: build it up progressively and update it regularly so that it can be produced rapidly when the threshold for further pre-financing is reached

Give a concise description of the activities carried out (dates, places, attendees, target groups) and mention the Work Package the activity refers to

For every event/meeting prepare an agenda (respecting visibility guidelines) and write minutes or a short report with key points/agreed outcomes of the meeting/event and an attendance list of participants (signed by all)

Take pictures of the meetings and events if possible (showing visibility requirements have been respected)

Make reporting part of your administrative routine!Make sure your report is easy to read and to understand.

The narrative report must support and demonstrate the eligibility of costs included in the financial report!

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Structure of the six month monitoring report

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Inge Keymeulen

Project OfficerJoint Technical Secretariat

Ph. +39 07 06 06 20 [email protected]

Follow us…

www.enpicbcmed.euFacebook: ENPI CBC Med Programme

Twitter: @ENPICBCMedIndoona: @ENPICBCMed

Thank you for your attention