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Contractual obligations

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Presentation on theme: "Contractual obligations"— Presentation transcript:

1 Contractual obligations
Yerevan, 2nd October 2013

2 Your contract outline (1)
Special conditions Article 1 - Purpose Article 2 - Implementation period of the Action Article 3 - Financing the Action Article 4 - Reporting and payment arrangements Article 5 - Contact addresses Article 6 - Annexes Article 7 - Other specific conditions applying to the Action (supplements and derogations to the General Conditions)

3 Your contract outline (2)
3 Your contract outline (2) Annexes: Annex I: Description of the Action (Grant Application Form) Annex II: General Conditions applicable to European Union-financed grant contracts for external Actions Annex III: Budget for the Action Annex IV: Contract-award procedures

4 Your contract outline (3)
4 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 EU financed grant contract for external actions Annex VIII: Model financial guarantee Annex IX: Standard template for Transfer of Assets Ownership

5 Read first those 2 documents carefully!
5 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 first those 2 documents carefully!

6 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 as specified in the contract Costs are eligible only after Action start date! Procedures to award sub-contracts for goods or services may be initiated before, but sub-contracts may NOT be concluded by the Beneficiary or its partners before Action start date

7 Implementation period
7 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 AND 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

8 Implementation period: an example
8 Implementation period: an example Special Conditions Art. 2 2.1 This contract shall enter into force on the date when the last of the two Parties signs. 2.2 Implementation of the Action shall begin on: -the day following that on which the last of the two Parties signs (meaning 1st of June 2013) 2.3 The Action's implementation period, as laid down in Annex I, is 24 months Contract signed by JMA and by Beneficiary on 26th of March 2013 Which is the project implementation period? The first or last day of implementation period may be a non-working day.

9 Implementation period: extension?
9 Implementation period: extension? Beneficiary may request an extension of the Action's implementation period (Special Conditions art derogating from General Conditions art. 11.1) In exceptional and justified cases No later than two months before it ends Request must be accompanied by all the supporting evidence needed for its appraisal. Final decision on such requests is a subject of approval by the Joint Monitoring Committee

10 10 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 budget 277,778 € Project actual costs (example 1) 321,436 € (example 2) 242,371 € Grant amount (90%) 250,000 € Actual grant amount 218,134 € (=242,371*90%)

11 Reporting on the Action
11 Reporting on the Action Progress reports Interim report Final report

12 Modifying the Action? General Conditions Art 9.1 derogated by 7.2.9 SC
12 Modifying the Action? General Conditions Art 9.1 derogated by SC Any amendment to the contract, including the annexes, must be set out in writing in an addendum Contract can be modified only during its execution period Beneficiary must submit a request to the JMA two months before the date on which the amendment should enter into force, unless there are special circumstances duly substantiated by the Beneficiary and accepted by JMA General Conditions Art 9.3 The maximum grant amount referred to in article 3.2. of Special Conditions may not be increased (nor amount or %!)

13 13 Limited amendments General Conditions Art. 9.2, derogated by art SC: Beneficiary may amend the budget and inform JMA in writing in 7 days: When financial transfer between items within the same budget heading, including cancellation or introduction of an item When financial transfer between budget headings involving a variation of 15% or less of the original amount (or as modified by addendum) in relation of each concerned headings


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