This project is funded by the EU And implemented by a consortium led by MWH
Contractual obligationsContractual obligations
Estonia-Latvia-RussiaENPI CBC Programme
Project Management and Implementation training
20&21 February 2012
This project is funded by the EU And implemented by a consortium led by MWH
Overview of ENPI CBC legal framework
RF Law on ratification
This project is funded by the EU And implemented by a consortium led by MWH
Your contract outline (1)Your contract outline (1)
• Special conditions
– Article 1 – Purpose
– Article 2 - Implementation period of the Action
– Article 3 - Financing the Action
– 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
This project is funded by the EU And implemented by a consortium led by MWH
Your contract outline (2)Your contract outline (2)
• Annexes:
– Annex I: Grant Application Form
– Annex II: General Conditions applicable to European Community-financed grant contracts for external Actions
– Annex III: Budget for the Action
– Annex IV: Contract-award procedures
…
This project is funded by the EU And implemented by a consortium led by MWH
Your contract outline (3)Your contract outline (3)
…
– Annex V: Standard request for payment and financial identification form
– Annex VI: Model narrative and financial report
– Annex VII: Model report of factual findings and terms of reference for an expenditure verification of an EC financed grant contract for external actions
– Annex VIII: Model financial guarantee
This project is funded by the EU And implemented by a consortium led by MWH
What comes first?What comes first?
• The provisions of the Special Conditions take precedence over ALL the Annexes: check art. 7 for additions/derogations!
• Annex II (General Conditions applicable to European Community-financed grant contracts for external Actions) takes precedence over the other annexes
Read first those 2 documents carefully!
This project is funded by the EU And implemented by a consortium led by MWH
General conditions: contents
7
This project is funded by the EU And implemented by a consortium led by MWH
Start of implementation Start of implementation
• Distinguish between:– When the contract takes effect = date of last signature
– When the Action starts = as specified in art. 2.2 of the special conditions:
• The day following that on which the last of the two Parties signs OR
• A later date but not later than 60 days following the signature of the grant contract
• Costs are eligible only after Action start date!– Procedures to award sub-contracts for goods, services or
works may be initiated before but sub-contracts may NOT be concluded by the Beneficiary or its partners before Action start date
This project is funded by the EU And implemented by a consortium led by MWH
Implementation period Implementation period
• Distinguish between:
– When the implementation period ends: XX months after Action start date (art. 2.3 Special conditions)
– 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 implementation period
– Except costs relating to final reports, expenditure verification and evaluation of the Action
This project is funded by the EU And implemented by a consortium led by MWH
Eligibility time-lineEligibility time-line
This project is funded by the EU And implemented by a consortium led by MWH
Financing the Action Financing the Action
• Budget includes all eligible project costs, not just the ENPI CBC programme contribution
• Double ceiling for JMA financing (art. 3.2 Special Conditions), examples:
Project budget277,778 €
Project actual costs(example 1)321,436 €
Project actual costs(example 2)242,371 €
Grant amount (90%)250,000 €
Actual grant amount250,000 €
Actual grant amount 218,134 €(=242,371*90%)
This project is funded by the EU And implemented by a consortium led by MWH
Reporting on the Action (1) Reporting on the Action (1)
• Interim report (consisting of both narrative and financial section) conforming to the model in Annex VI must
– Accompany every request for payment
– Be submitted no later than 1 month after the end of each six month period even in the absence of request for payment if project >18 months or grant >300.000 EUR
• Final report shall be forwarded no later than 3 months after the implementation period
This project is funded by the EU And implemented by a consortium led by MWH
Reporting on the Action (2) Reporting on the Action (2)
• Reports are submitted in English, but supporting documents may be in original languages
• Report covers the Action as a whole, regardless which part is covered by the grant
• The JMA and the JTS may request additional information at any time and that information must be supplied within 30 days of the request