Embed Size (px)
Citation preview
EuropeAid
1
Delegation Agreements: 2011 Delegation Agreements: 2011 templatestemplates
““Regards Croisés” on Aid EffectivenessRegards Croisés” on Aid Effectiveness
Practitioners’ Network for European Development Practitioners’ Network for European Development Cooperation - Division of Labour and Aid modalities Cooperation - Division of Labour and Aid modalities
SubgroupSubgroup
Brussels, 7 April 2011Brussels, 7 April 2011
EuropeAid
2
WHY REVISED TEMPLATES?
• Delegation Agreements templates adopted in 2008
• Revised templates adopted in January 2011
• Drivers of the revision:o Simplification
o Alignment with other templates used by the Commission – Contribution Agreement with an International Organisation
o Experience gained in nearly 3 years
o Recurrent questions
EuropeAid
3
STRUCTURE OF THE DELEGATION AGREEMENT
• Structure of the Delegation Agreement:o Special Conditionso Description of the Actiono General Conditionso Budget of the Actiono Central Exclusion Database annexeso Financial Identification formo Payment request
• No annex on applicable legislation and rules:o Delegation Agreement contains a comprehensive set of
obligationso Eligibility rules: check Annex A.2 to PRAG
EuropeAid
4
WHEN CAN A DELEGATION AGREEMENT BE USED?
• Only in case of indirect centralised management
• No possible to use it instead of a grant contract:o Role of Delegatee body is different than a Beneficiary
o EU Member State public authorities may benefit from favourable provisions in the grant contract:
• Rules on procurement: rules of the organisation• Expenditure verification can be waived• Pre-financing guarantee can be waived• Pre-financing interest does not need to be
reimbursed
EuropeAid
5
SPECIAL CONDITIONS
• Special Conditions prevail over any other document
• Content:o Purpose:
• Indication of any Commission procedures that may apply (e.g. grants);
• Clarification if action is co-financed: relevant for eligibility rules
o Entry into force, Implementation Period, Period of Execution:• Clarification of deadlines for contracting: 31 December
after signature or 3 years after signature of Financing Agreement with Beneficiary country
EuropeAid
6
SPECIAL CONDITIONS
• Content:
o Amount of the EU contribution and % of indirect costso Payment optiono Access to the Central Exclusion Database:
• EU Member States: direct access to the database!o Contact addresseso List of annexes
EuropeAid
7
SPECIAL CONDITIONS
• Content:
o Article 7:
• Notional approach • Derogations to the General Conditions:
o Provisions mandated by Financial Regulation cannot be derogated
o Derogations require internal procedure o Equal treatment!
EuropeAid
8
GENERAL CONDITIONS
• Contractual provisions re-ordered• Two types of obligations:
o General & Administrativeo Financial Provisions
• Central Exclusion Database:o New requirement included in last revision of the
Financial Regulationo Central Exclusion Database = level 5 EWS (internal
system)o 2008 templates: Delegatee body had to check with
Commission whether entity was in level 5 EWS
EuropeAid
9
GENERAL CONDITIONS
• Central Exclusion Database:o on line access through a liaison point and via an Internet
secured link:• liaison point communicated by Member State to the
Commission• Authorised users in each entity by liaison point
o Obligation to consult the database and exclude any registered entity
o Data input: final judgements for fraud, corruption, money laundering & involvement in a criminal organisation detrimental to EU financial interests
EuropeAid
10
WHERE CAN I FIND THESE DOCUMENTS?
EuropeAid
11
WHERE CAN I FIND THESE DOCUMENTS?
EuropeAid
12
THANK YOU!
DEVCO/G7: Financial and contractual matters, and legal affairs.
Contractual Procedures and management modes Section
JAVIER RAYA AGUADO, Head of SectionJavier.Raya–[email protected]
DOLORES DOMINGUEZ [email protected]
