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Programme funded by the European Union

GUIDELINES FOR THE SELECTED APPLICANTS DURING THE CONTRACTING PROCESS

Congratulations for being selecte ! "e #is$ %ou success #it$ t$e i&'le&entation of %our 'ro(ect! )* Pur'ose of t$e Gui elines for t$e selecte a''licants

The present Guidelines for applicants is addressing to the applicants being selected at the end of the call for proposals and who must take now the necessary steps in order to conclude a grant contract financed by the Joint Operational Programme Romania-Ukraine-Republic of oldo!a "##$-"#%&' The Guidelines are aimed( To e)plain the stages of the contracting process and thus ensure its transparency* To clarify the role and responsibilities of e!ery actor in!ol!ed in the contracting process* To describe the support acti!ities to be pro!ided by the Joint Technical +ecretariat ,JT+-. a!ailable for the selected applicants during the process* To pre!ent errors and potential delays during the contracting phase* To make recommendations aimed to support further implementation of the selected pro/ects* To create good basis for a proper spending of the non-reimbursable funds and. as a conse0uence. the absorption of the 1ommunity funding'

The contracting process is structured as a se0uence of mandatory stages that should take place in a set timeframe. so that the Joint Operational Programme Romania-Ukraine-Republic of oldo!a "##$-"#%& fully benefits of the a!ailable funds and the selected applicants ha!e a 0uick access to non-reimbursable funding' The applicants who were selected at the end of the e!aluation process are supported by the Joint Technical +ecretariat ,JT+- during the process of concluding the grant contract with the Joint anaging 2uthority ,J 2- 3 the inistry of Regional 4e!elopment and Tourism. Romania. and also in preparing the necessary documents that will accompany the grant contract' The selected applicants and their partners are re0uested to act with due care and diligence so that the contracting process can run efficiently. without drawbacks. the grant contract to be concluded in a reasonable timeframe and the non-reimbursable funding to be a!ailable for the pro/ect to start its implementation' 5ailure of the selected applicants to comply with the re0uirements and deadlines specified in the written notifications send by the JT+ may lead the J 2 to end the contracting process and recommend to the J 1 to re/ect the grant application' 6n this case. the pro/ects included on the reser!e list will be in!ited to start the contacting procedure' The contracting process starts with a written notification stating that the selected applicant agrees with the grant amount and percentage appro!ed by the J 1. as well as with the recommendations made concerning the grant application' 6n this respect. the selected applicant must forward to the JT+ the +eneficiar%,s State&ent ,attached to these Guidelines-. duly signed by the legal representati!e and stamped. which confirms his agreement on the signature of the grant contract for the amount and percentage of non-reimbursable funding as appro!ed by the J 1. and also to make a!ailable and spend during the implementation period the co-financing amount he committed to. as well as any not-eligible or other pro/ect related costs'

7y filling in and signing the 7eneficiary8s +tatement. the selected applicant commits to inform and consult with his partners and they. as a rule. appro!e the compulsory conditions to conclude the grant contract' Their appro!al will be then e)pressed in written form by signing the Partnership 2greement' 6f the selected applicant and his partners do not agree with the grant amount and percentage appro!ed by the J 1. or with the recommendations made concerning the grant application. or if the selected applicant does not forward to the JT+ the 7eneficiary8s +tatement signed. the JT+ may recommend the J 2 the re/ection of the grant application' -* Roles an res'onsibilities of t$e &ain actors uring t$e 'rocess 2ppro!es the final list with the selected pro/ects* 4ecides on the opportunity to conclude a grant contract. if the J 2 gi!es information about irregularities identified during the process* Takes the final decision if there is a recommendation to re/ect a grant application 9erifies and appro!es the reports drafted by the JT+ during the contracting process and may participate to on-site !isits as obser!ers* 9erifies the grant contract dossiers compiled by the JT+. signs the grant contracts and forwards them to the JT+* ay re0uest any information and clarification during the contracting process +upports the J 2 during the contracting process* Performs on-site !isits* +upports the selected applicants during the contracting stage Pro!ides to the JT+ the necessary documents and information in order to conclude the grant contract. according to programme re0uirements. and within the deadlines* Ensures correctness and compliance for the documents pro!ided* 2llows and supports the access of the JT+:J 2 to its premises. including the location,s- where the pro/ect will be implemented* 1omplies with the re0uirements and deadlines of the contracting process with due care and diligence Ste's of t$e contracting 'rocess Dea line after the endorsement of the European 1ommission on the final list with selected pro/ects is gi!en - #or4ing a%s ,from issuing the 4ecision of the ;ead of the J 2-

T$e .oint /onitoring Co&&ittee 0./C1

T$e .oint /anaging Aut$orit% 0./A1

T$e .oint Tec$nical Secretariat 0.TS1

T$e selecte a''licant an $is 'artners

2* Ste'

)1 T$e final list #it$ t$e selecte 'ro(ects is a''ro3e an t$e Decision of t$e Hea of t$e ./A is issue -1 A#ar notification to t$e selecte t$e a''licants on t$e reser3e list a''licants an to

The selected applicants are informed about the amount and percentage of the non-reimbursable funding appro!ed by the J 1. as well as with the recommendations made concerning the grant application' 21 T$e .TS notifies t$e selecte a''licants about t$e ocu&ents necessar% to conclu e t$e grant contract5 - #or4ing a%s
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Ste' t$e ea line #$en t$e% &ust be a3ailable5 inclu ing t$e ate for t$e on6site 3isit -

Dea line ,from issuing the 4ecision of the ;ead of the J 2-

The JT+ notification specifies( the deadline when the documents necessary to conclude the grant contract must be a!ailable to be checked. the date when the on-site !isit is scheduled. the support acti!ities for the selected applicant during the contracting period and the contact person,s- to whom he may address for assistance' 6f due to properly /ustified reasons. the selected applicant cannot collect and make a!ailable for checking all the necessary documents to conclude the grant contract. or if after they are !erified by the JT+ it will be considered that some aspects must be clarified. the JT+ may gi!e to the applicant no more than 7 #or4ing a%s after the deadline specified in the notification to pro!ide all the clarifications and:or additions needed' 6f due to properly /ustified reasons. pre!iously notified in writing to the JT+. the selected applicant is not a!ailable for the on-site !isit. he may agree with the JT+ on an alternati!e date only if the contracting process is not /eopardi<ed' The alternati!e date should be set in accordance with the JT+ schedule and within the period communicated to the selected applicant , 7 #or4ing a%s from the date the last on-site !isit performed by the JT+-' 6f the selected applicant does not inform the JT+ about the reasons which /ustify that the necessary documents or the responsible persons are not a!ailable. or if those reasons are not ob/ecti!e and consistent. or if the contracting process is /eopardi<ed. following the proposal made by the JT+. the J 2 may recommend to the J 1 the re/ection of the grant application' 4uring the contracting phase. the selected applicants may benefit of the JT+ support by re0uesting assistance from the assigned e)perts. preferably in written form ,by e-mail- in order to a!oid confusions or misunderstandings' 81 T$e selecte a''licants notif% t$e .TS about t$e acce'tance 9 not acce'tance of t$e con itions to conclu e t$e grant contract5 sen t$e +eneficiar%,s State&ent signe 7 #or4ing a%s ,from the 2ward notification sending date-

7y filling in and signing the 7eneficiary8s +tatement. the selected applicant is gi!ing insurance that he has pre!iously informed and consulted with his partners and they. in principle. appro!e with the conditions to conclude the grant contract' Their appro!al will be then e)pressed in written form by signing the Partnership 2greement' =hen the selected applicant does not accept the conditions to conclude the grant contract and:or does not send the 7eneficiary8s +tatement. than the contracting process with the applicant ends' The J 2 recommends to the J 1 to re/ect the award and start contacting the first pro/ect on the reser!e list' 71 T$e selecte a''licant collects fro& all t$e 'ro(ect 'artners t$e ocu&ents necessar% to conclu e t$e grant contract Until the deadline specified in the notification send by the JT+

The documents are collected by the selected applicant from all his pro/ect partners in accordance with the notification send by the JT+' The documents must be a!ailable to be checked on the date set. in national language and in English translation ,fully translated or the rele!ant parts being translated-. bearing the mention >2ccording to the original?. signed by the legal representati!e and stamped' Pay attention to the re0uirements to present the documents. as originals : certified copies@ 1ertificates stating that payment obligations towards the consolidated state budget are fulfilled ha!e a limited !alidity' ake sure that they are a!ailable no later than the date on-site !isit will be performed@
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:1 T$e selecte a''licant an Partners$i' Agree&ent

$is 'artners sign t$e

Until the deadline specified in the notification send by the JT+

Ste' 7y signing the Partnership 2greement( -

Dea line

The pro/ect partners acknowledged and agree with the conditions to conclude the grant contract* The pro/ect partners agree with their share of grant and their share of co-financing for the pro/ect implementation* The pro/ect partners accept their rights and responsibilities after the grant contract signature* The pro/ect partners agree on the distribution of tasks and the schedule of acti!ities. according to the grant contract* The pro/ect partners agree with the pro/ect schedule of reporting and payment re0uests' ;1 T$e selecte a''licant &a4es a3ailable for c$ec4ing to t$e .TS t$e ocu&ents necessar% to conclu e t$e grant contract 2t the deadline specified in the notification recei!ed from the JT+

6f due to properly /ustified reasons. the selected applicant cannot collect and make a!ailable for checking all the necessary documents to conclude the grant contract. or if after they are !erified by the JT+ it will be considered that some aspects must be clarified. the JT+ may gi!e to the applicant no more than 7 #or4ing a%s after the deadline specified in the notification to pro!ide all the clarifications and:or additions needed' 6f the clarifications and:or additional information are not sent to the JT+ within this deadline and the contracting process is /eopardi<ed. the JT+ will inform the J 2 who may recommend to the J 1 the re/ection of the award for that pro/ect' <1 T$e selecte a''licant confir&s t$e ate for on6site 3isit 9 (ustifies an re=uests to re6sc$e ule on6site 3isit 7 #or4ing a%s ,from the date when the notification announcing the on-site !isit was sent-

The selected applicant must confirm that all the documents mentioned in the JT+ letter. and the persons assigned as responsible for the pro/ect are a!ailable at the date and hour set. in the location where the pro/ect is going to be implemented' 4elaying without proper /ustifications the date set for the on-site !isit may lead the J 2 to recommend the J 1 the re/ect of the award for that pro/ect' >1 If t$e case &a% be5 t$e .TS notifies about re6 sc$e uling t$e on6site 3isit - #or4ing a%s ,after the written notification informing about the reasons for which the on-site !isit cannot take place-

The JT+ notifies in writing about the new date set for the on-site !isit only if there are ob/ecti!e and properly /ustified reasons for which the on-site !isit cannot take place' The new date should be set in accordance with the JT+ schedule and within the period communicated to the selected applicant , 7 #or4ing a%s from the date the last on-site !isit will be performed by the JT+-' )?1 Un erta4ing on6site 3isit 2t the deadline specified in the notification recei!ed from the JT+

The ob/ecti!es of the on-site !isit( 1hecking the documents necessary to conclude the grant contract. comparison between the copies attached to the grant application or sent during the selection process and the originals:certified copies of the originals. indicated in the JT+ notification* 1hecking the location,s- where the pro/ect is going to be implemented*
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Ste' 1hecking the information pro!ided within the grant application*

Dea line

1larifying some aspects concerning the grant application ,e'g' if inconsistencies were identified. if some costs need to be detailed-. with the agreement of the selected applicant. without putting into discussion the grant award decision and the grant amount. and by strictly complying with the grant application* 2naly<ing and re!ising the budget for the 2ction according to the recommendations appro!ed by the J 1. eliminating mathematical errors and not-eligible costs ,if by the time the on-site !isit takes place. the selected applicant did not send to the JT+ a re!ised budget-* 6dentification of potential problems* aking recommendations and gi!ing follow-ups to the future beneficiary etc' ))1 T$e 're'aration of t$e grant contract sen ing to t$e ./A for signature ossier an )? #or4ing a%s ,from the on-site !isit date-

The grant contract is sent to the J 2 for signature only if the following conditions are entirely fulfilled( The selected applicant agrees with the conditions to conclude the grant contract by sending the 7eneficiary8s +tatement. signed by the legal representati!e and stamped* 2ll the necessary documents to conclude the grant contract were pro!ided ,according to the notification recei!ed from the JT+-* The documents are correct ,there are no inconsistencies between document. the information pro!ided within the grant application. on-site factual findings-* 4ocuments are compliant ,identical with the documents pro!ided within the grant application or during the selection process. signed by the legal representati!es of the applicant and his pro/ect partners. stamped. dated and !alid at the date of the on-site !isit. if they ha!e a !alidity period-* 4ocuments were pro!ided within the deadlines notified by the JT+* 5actual findings are in accordance with the information pro!ided within the grant application* The pro/ect did not start and is not implemented* The applicant and his pro/ect partners do not ha!e debts to the consolidated state budget' )-1 T$e ./A re=uest clarifications concerning t$e grant contract )21 T$e .TS 9 t$e selecte a''licant 'ro3i es t$e ./A #it$ t$e re=ueste clarifications 7 #or4ing a%s ,from the date of receipt7 #or4ing a%s ,from the date of recei!ing the J 28s re0uest-

6f the necessary information is a!ailable. the JT+ will pro!ide the J 2 with the re0uested clarifications without notifying the selected applicant' 6f the necessary information is not a!ailable. the JT+ will notify the selected applicant in writing about the content of the J 28s re0uest and by setting a 2 #or4ing a%s deadline to submit the necessary clarifications 6f the selected applicant does not pro!ide the re0uested clarifications. the JT+ shall inform the J 2' 6n /ustified cases. the J 2 may recommend the J 1 to re/ect the award' sen it bac4 to 2? #or4ing a%s - #or4ing a%s
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)81 T$e ./A signs t$e grant contract an t$e .TS

)71 T$e .TS notifies t$e selecte a''licant about t$e ate set for t$e grant contract signature

,from the receipt of the grant contract signed by the J 2-

Ste' ):1 T$e selecte a''licant confir&s $is a3ailabilit% to sign t$e grant contract on t$e ate set 9 re=uests to re6 sc$e ule t$e grant contract signature

Dea line 7 #or4ing a%s ,from the date the notification to announce the date for the grant contract to be signed is sent by the JT+-

6f due to /ustified reasons. the selected applicant notifies the JT+ that he is not a!ailable to sign the grant contract on the date set. he may propose an alternati!e date within a ma)' )? #or4ing a%s period from the initial date' 6f the selected applicant does not notify to the JT+ the reasons for which he is not a!ailable to sign the grant contract on the date set. or if those reasons are not substantiated and the contacting process is /eopardi<ed. after being informed by the JT+. the J 2 may recommend the J 1 to re/ect the grant application' );1 T$e grant contract signature )<1 All t$e Lea Partners an 'ro(ect 'artners fro& U4raine an 9or t$e Re'ublic of /ol o3a select t$e au it fir&0s1 to 'erfor& e@'en iture 3erification for t$eir 'art of t$e Action )>1 Lea Partners notif% t$e ./A about t$e au it fir&s assigne to 'erfor& e@'en iture 3erification 0for Lea Partners an 'artners fro& U4raine an 9or t$e Re'ublic of /ol o3a1 -?1 T$e sub&ission of t$e first install&ent of 're6financing 'a%&ent re=uest On t$e ate s'ecifie in the notification recei!ed from the JT+ Until the first installment of prefinancing is re0uested

Until the first installment of prefinancing is re0uested

2fter sending the notification to the J 2 informing about the audit firms

2* 2*)

Reco&&en ations an su''ort acti3ities for t$e selecte a''licants Docu&ents necessar% to conclu e t$e grant contract /an ator% re=uire&entsA a- The selected applicants must pro!ide the JT+ with all the documents listed in the written notification. within the deadline and format specified' b- The documents pro!ided as originals : certified copies must be identical with the copies or scanned !ersions pro!ided within the grant application or re0uested by the E!aluation 1ommittee during the selection process' c- 4ocuments must ha!e( (in case of documents issued by public authorities, others than the applicant/project partners): number and issuing date* authori<ed signature and legible stamp* (in case of documents issued by the applicant/project partners): number and registration date at the applicant:pro/ect partners, showing the authori<ed signature ,of the legal representati!e or of the mandated person. ha!ing a !alid mandate in this respect- and legible stamp*

d- 6f a document is pro!ided in other language than English. the selected applicant shall pro!ide the document in the national language accompanied by an English translation ,fully translation or translation of the rele!ant parts of the document-. bearing the mention >2ccording to the original?*
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e- 2ny kind of statements made by the selected applicant and:or the pro/ect partners shall be pro!ided in English translation with clear reference to the title of the 2ction. bearing number and registration date at the applicant:pro/ect partners , showing the authori<ed signature ,of the legal

representati!e or of the mandated person. ha!ing a !alid mandate in this respect- and legible stamp' fThe documents must not ha!e corrections or modifications' g- 6f the case may. the documents should be !alid on the date on-site !isit takes place' S'ecial re=uire&entsA

4uring the contracting process. special attention shall be gi!en to the Partners$i' Agree&ent ,anne)ed to these Guidelines- and to the Decision0s1 of t$e e&'o#ere bo ies of the selected applicant and pro/ect partners showing their commitment to make a!ailable and spend during the implementation period the corresponding co-financing ,as it was mentioned in the Partnership +tatements-' T$e Partners$i' Agree&ent ust be pro!ided in A originals. filled in. and signed by the authori<ed persons ,the legal representati!e or the mandated person. ha!ing in this respect a !alid mandate-' The document may be modified and ad/usted according to the specificity of the 2ction and to the national legislation in force. but only to include supplementary or more restricti!e pro!isions to the Partnership 2greement format pro!ided as an anne) to these Guidelines' 6f the J 1 appro!ed reductions in the budget of the 2ction. the pro/ect partners will decide by consensus which is their share of grant and their share of co-financing after these reductions. proportionally with the pro/ect acti!ities that they are going to implement and in accordance with the information included in the application form'

Decision0s1 of t$e e&'o#ere bo ies of t$e 'ro(ect 'artners s$o#ing financial co&&it&ents to be &a e a3ailable an s'ent uring t$e i&'le&entation 'erio t$e corres'on ing co6financing These decisions should indicate( title of the 2ction. the amount and percentage of the co-financing to be made a!ailable and spend by the selected applicant and:or his pro/ect partners during the implementation period. as well as any not-eligible or pro/ect related costs' 2ny decision must be signed. stamped. bearing number ad registration date. and presented to the JT+ as original or as certified copy' 2* Clarifications of t$e grant a''lication T$e bu get for t$e Action

The budget for the 2ction must be re!ised according to the recommendations appro!ed by the J 1' 2lso. before the grant contract signature. arithmetical errors must be remo!ed. as well as any not-eligible costs' Other clarifications or minor corrections may be made to the 4escription of the 2ction or to the budget as they would not call into 0uestion the grant award decision or be contrary to the e0ual treatment of applicant and( relate to aspects clearly identified by the E!aluation 1ommittee. or aim at taking into consideration the changes which ha!e occurred since the date of receipt of the proposal' T$ose &o ifications &a% in an% case not lea to an increase of t$e a&ount of t$e grant nor of t$e 'ercentage of co6financing a''ro3e b% t$e ./C* On the other hand. detailing budget headings or budget lines is aimed to support the pro/ect partners during the implementation of the pro/ect. to pre!ent not-eligible e)penditures and ensure consistency between different parts of the grant contract' 6f the selected applicant agrees. the budget may be detailed if this action does not add or modify information within the grant application. but clarifies it' Reco&&en ationA Detailing bu get $ea ings or bu get &a% be one if t$e selecte a''lication 'ro3i es #it$ all t$e necessar% infor&ation* a''licant agrees an t$e grant

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6t is recommended to detail the budget of the action starting from the indi!idual budgets of the selected applicant and his pro/ect partners. so that the budget of the action is a sum of the indi!idual budgets'

6t is also recommended to use E)cel sheets with formulas. so that mathematical errors could be pre!ented' The selected applicants may re0uest for the JT+ support in choosing and using the appropriate format' Nota bene( The instructions gi!en within the present Guidelines are not e)hausti!e and represent a minimum which cannot take into consideration any particular possible situation' )* Hu&an resources 2t the budget heading )*) Salaries ,gross salaries including social security charges and other related costs. income ta)es. local staff- it is recommended to check and ensure consistency between the function which is budgeted and the corresponding Job description' +alaries should be those normally borne by the organi<ation:institution' 6t is recommended to insert budget sub-lines for each function in the implementation team. if budgeted' 6t is recommended that each function which is budgeted to make reference to the corresponding pro/ect partner and also to indicate(

1osts( the working period ,number of months-. part time:full time ,as B-. number of hours to be worked per day. the salary payable per month for that function and for the corresponding working time Cumber of units( working period D part time:full time (%). corresponding to the function which is budgeted* Unit rate( salary for the function which is budgeted. but corresponding to full working time* 6n case the same function in the implementation team e)ists for pro/ect partners from different countries. so that the unit rate is different as per organi<ation:country. it is recommended to insert separate budget sub-lines'

E)ample( Costs %'%'%'% Pro/ect manager 3 applicant ,RO,%" months D %##B. E## EUR salary payable per month%'%'%'" Pro/ect manager - P% , 4,%" months D G#B. &## EUR salary payable per monthUnit per month per month No of units %" Unit rate 0in EUR1 E## Costs 0in EUR1 F%"DE##

F%"DG#B

H##

F%"DG#BDH##

)*2

Per ie&s for &issions9tra3el 6 Updated per-diem rates are a!ailable at http(::ec'europa'eu:europeaid:work:procedures:implementation:perIdiems:inde)Ien'htm On the budget lines )*2*) Abroa 0staff assigne to t$e action1 and )*2*- Local 0staff assigne to t$e action1 are included per diems for tra!els of the staff members' 6t is recommended to indicate the number of per diems and the country where the tra!els are made. both locally and abroad' 6t is recommended to insert budget sub-lines to indicate the number of per diems that each of the pro/ect partners is entitled to recei!e for tra!els. locally and abroad. according to the grant application'

E)ample( Costs )*2 Per ie&s for &issions9tra3el Unit No of units Unit rate 0in EUR1 Costs 0in EUR1

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Costs )*2*)* Abroa action1 0staff assigne to t$e

Unit

No of units

Unit rate 0in EUR1

Costs 0in EUR1

%'&'%'% 2pplicant ,RO- in U2 %'&'%'" 2pplicant ,RO- in %'&'%'& P% , 4- in RO %'&'%'A P" ,U2- in RO )*2*- Local 0staff assigne action1 %'&'"'% 2pplicant ,RO- in RO %'&'"'" P% , 4- in 4 to t$e 4

per diem per diem per diem per diem

"G %# %# %#

J# E# $# $#

F"GDJ# F%#DE# F%#D$# F%#D$#

per diem per diem per diem

%# %# %#

%# %G %G

F%#D%# F%#D%G F%#D%G

%'&'"'" P" ,U2- in U2

2t the budget line )*2*2 Se&inars9conference 'artici'ants it is recommended to indicate( location of the e!ent. the number of participants. they country they are coming from. the number of days. the acti!ity which is associated with the e!ent' 6n order to see clearly what is the payable per-diem. it is recommended to insert distinct budget sub-lines for participants coming from different countries. e!en if is the same e!ent' Per-diem includes accommodation. meal and local transportation'

E)ample( Costs )*2*2 Se&inars9 conferences 'artici'ants %'&'&'% +eminar Odessa ,%# participants. ROD" days. acti!'&'%%'&'&'" +eminar Odessa ,%G participants. 4D" days. acti!'&'%%'&'&'& +eminar 1hisinau ,%# participants. ROD% day. acti!'&'&%'&'&'" +eminar 9aslui ,%G participants. 4D& days. acti!'&'A%'&'&'& +eminar 9aslui ,%G participants. U2D& days. acti!'&'Aper diem per diem per diem per diem per diem "D%# "D%G %D%# &D%G &D%G A# &# &# &# A# F"#DA# F&#D&# F%#D&# FAGD&# FAGDA# Unit No of units Unit rate 0in EUR1 Costs 0in EUR1

-* Tra3el
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Recommended unit rates( per flight. per trip. per tra!el. per month. per contract. per km'

2* E=ui'&ent an su''lies Nota bene( The numbering of the budget heading is different for Priorities %K" 3 cap'A. and for Priority & 3 cap'&' 6t is recommended to insert distinct sub-lines to detail different categories of e0uipment and supplies' 6n case the same category of e0uipment is to be procured by partners from different countries. and the unit rate may be different in different countries. it is recommended to insert distinct budget sub-lines showing the different unit rates' The responsible partner should also be indicated in the description of the budget sub-line' The procedure to be applied for the procurement of a certain type of e0uipment or supply will take into consideration their total !alue and must comply with the pro!isions of 2nne) 69 1ontract award procedures' 6t is forbidden to indicate a certain trademark or supplier'

Recommended unit rate( per piece or per contract' 6f the unit rate is per contract, the corresponding budget sub-line should indicate the number of pieces:units' E)ample( Costs 2* 2* E=ui'&ent or su''lies &'" 5urniture. computer e0uipment &'"'% Laptops &'"'"'% 9ideo camera 3 applicant RO &'"'"'" 9ideo camera 3 P% , 4&'"'& L14 monitor ,G piecesper piece per piece per piece per contract & % " % &## AG# "G# $### F&D&## F%DAG# F"D"G# F%D$### Unit No of units Unit rate 0in EUR1 Costs 0in EUR1

8* Local office Nota bene( The numbering of the budget heading is different for Priorities %K" 3 cap'G. and for Priority & 3 cap'A' The heading includes costs for rooms especially rented for the pro/ect acti!ities ,e'g' office room for the pro/ect team. room for running certain pro/ect acti!ities-' 2t the budget lines 8*- Office rent and 8*8 Ot$er ser3ices ,phone:fa). electricity:heating. maintenance-. it is recommended to indicate the acti!ity needing the office room and the pro/ect partner benefiting from it. according to the grant application ,e'g' if office room is rented for the implementation team. G2 % Pro/ect management and coordination will be indicated-'

E)ample( Costs 7* 8* Office costs 8*- Office rent


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Unit

No of units

Unit rate 0in EUR1

Costs 0in EUR1

A'"'% Office rent 3 applicant ,RO-. acti!'%'% A'"'" Office rent 3 P% , 4-. acti!'"'G

per month per

%" %

E# "##

F%"DE# F%D"##

Costs ,consultancy for''''''' 8*8 Ot$er ser3ices A'A'% Other ser!ices 3 applicant ,RO-

Unit month

No of units

Unit rate 0in EUR1

Costs 0in EUR1

per month

%"

%##

F%"D%##

7* Subcontracte ser3ices Nota bene( The numbering of the budget heading is different for Priorities %K" 3 cap'H. and for Priority & 3 cap'G' 2t the budget line 7*) Publications5 it is recommended to insert distinct budget sub-lines for each category of publication to be reali<ed within the pro/ect 5 to briefly describe its characteristics. according to the grant application ,e'g' the number of pages. the language. format etc- and the partner who is responsible' Recommended unit rates( per item. per contract ,the number of units to be specified in the description of the budget sub-line-'

E)ample( Costs 7* Subcontracte ser3ices 7*) Publications G'%'% Leaflets ,2G. H pages. RO-EC. color3 applicant ,ROG'%'" 7rochures ,"## pieces. 2A. &# pages. EC. black and white- 3 P% , 4per item per contract G## % #.G E## FG##D#.G F%DE## Unit No of units Unit rate 0in EUR1 Costs 0in EUR1

2t the budget line 7*- Stu ies5 researc$ it is recommended to indicate the title of the study. research. the language and the partner who is responsible' Recommended unit rates( per contract. per piece

E)ample( Costs Unit No of units Unit rate 0in EUR1 7* Subcontracte ser3ices 7*- Stu ies5 researc$ G'"'% +tudy ?Romanian. oldo!an and Ukrainian traditions in the border area? ,in EC- 3 P% , 4per contract % %### F%D%### Costs 0in EUR1

Page17

6f the unit rate for these costs is different from one country to another. it is recommended to insert distinct budget sub-lines for different partners at the budget line 7*2 E@'en iture 3erification'

1osts for E)penditure !erification for the Romanian applicants:partners are not eligible. as it is ensured by the territorial units of the J 2- the inistry of Regional 4e!elopment and Tourism. Romania'

E)ample( Costs 7* Subcontracte ser3ices 7*2 E@'en iture 3erification G'&'% E)penditure !erification 3 P% , 4G'&'" E)penditure !erification 3 P" ,U2per contract per contract % % E## G## F%DE## F%DG## Unit No of units Unit rate 0in EUR1 Costs 0in EUR1

1osts at the budget line 7*8 E3aluation costs should not be nu confused with costs at the budget line G'& E)penditure !erification' They represent e!aluations which are pro/ect specific and described as such within the grant application' 6t is recommended to indicate the pro/ect partner which is responsible to perform pro/ect e!aluation' Recommended unit rate( per contract. per report or similar'

E)ample( Costs 7* Subcontracte ser3ices 7*8 E3aluation costs G'A'% E!aluation of the action 3 applicant ,ROG'A'" E!aluation of the action 3 P% , 4per contract per contract % % &## "%# F%D&## F%D"%# Unit No of units Unit rate 0in EUR1 Costs 0in EUR1

1osts at the budget line 7*7 Translation5 inter'reters should not be included as lump sums' 6t is recommended to describe the type of ser!ice is needed and the acti!ity associated with this ser!ice. as well as the partner who will benefit of these ser!ices. according to the grant application' Recommended unit rate( per contract. per page. per hour. per day. per e!ent'

E)ample( Costs 7* Subcontracte ser3ices 7*7 Translation inter'reters G'G'% Translator RO-EC. applicant ,RO- K P% , 4acti!'&'H 3 per contract per day " H &## $G F"D&## FHD$G
Page17

Unit

No of units

Unit rate 0in EUR1

Costs 0in EUR1

G'G'" 6nterpreter U2-RO and RO-U2. acti!'&'%. acti!'&'&. acti!'&'A

2t the budget line 7*; Costs of conferences9se&inars it is recommended to indicate( location of the e!ent. total number of participants. number of days. brief description of the necessary ser!ices. the acti!ity associated and the partner who is responsible according to the grant application' The budget line will be detailed only if the grant application pro!ides the necessary information' 6s forbidden to add supplementary information or to modify those already included in the grant application' Press conferences. launching:closing conferences should not be included. but they ha!e to be budgeted at G'E 9isibility actions' 6f per diems are foreseen for some participants at a certain e!ent ,conference:seminar- to support accommodation. meals and local transportation costs. catering ser!ices ,meals- for the e!ent are /ustified only for those participants not recei!ing per diem'

E)ample( +eminar in Odessa 3 with %## participants out of which "G participants recei!e per diems' 1atering ser!ices can co!er meals only for $G participants' Recommended unit rates( per contract. per e!ent. per day or per participant'

E)ample( Costs 7* Subcontracte ser3ices 7*; Costs of conferences9se&inars G'$'% +eminar Odessa ,%## participants. " days. acti!'&'%- 3 P" ,U2-( meals for $G participants. room renting. coffee breaks G'$'" +eminar 1hisinau ,E# participants. % day. acti!'&'&- 3 P% , 4-( meals for $# participants. coffee breaks G'$'& +eminar 9aslui ,&# participants. & days. acti!'&'A- 3 applicant ,RO-( room renting per contract % $$## F%D$$## Unit No of units Unit rate 0in EUR1 Costs 0in EUR1

per day

GH##

F%DGH##

per participant: day

&#D&

FJ#DG

2t the budget line 7*< Bisibilit% actions all the costs for promoting the E1 contribution to the 2ction. including promotion of the pro/ect8s results and impact. according to the grant application. should be included' E)amples of costs reimbursable from this budget line( press conferences. conferences for launching:closing the pro/ect. !ideo:audio spots. films. web pages etc' Each !isibility acti!ity should be detailed on a separate budget sub-line' These acti!ities will be the sub/ect of separate reports during the implementation process' 6t is recommended to briefly describe the characteristics of e!ery !isibility action. the associated acti!ity and the partner who is responsible'

E)ample(
Page17

Costs 7* Subcontracte ser3ices 7*< Bisibilit% actions 7*<*) Pro(ect launc$ing se&inars G'E'%'% Pro/ect launching seminar 9aslui 3 applicant ,RO,G# participants. % day. acti!' %'AG'E'%'" Pro/ect launching seminar 1hisinau 3 P% , 4,&# participants. % day. acti!'%'AG'E'%'& Pro/ect launching seminar Odessa 3 P" ,U2,&# participants. % day. acti!'%'A7*<*- Press conferences ,"# participants:e!ent. % day. acti!'%'H7*<*2 "eb 'age G'E'&'% =eb page 3 applicant ,RO,in RO:EC:U2 languages. acti!'"'"G'E'&'" =eb page 3 P% , 4,in EC. acti!'"'"7*<*8 Ra io s'ots broa casts G'E'A'% Radio spots in RO 3 applicant ,RO,in RO. 4. U2. acti!'"'H-

Unit

No of units

Unit rate 0in EUR1

Costs 0in EUR1

per day

%&##

F%D%&##

per day

%###

F%D%###

per day

%A##

F%D%A##

per e!ent

&

$G#

F&D$G#

per contract per contract

% %

""# %&#

F%D""# F%D%&#

per contract

A###

F%DA###

2t the budget line 7*> E@ternal e@'erts e)ternal e)perts can be paid on the basis of ser!ice contracts concluded according to 2nne) 69 1ontract award procedures' 6t is recommended to indicate the associated acti!ity and the partner who is responsible and to insert distinct budget sub-lines to each type of e)ternal e)pert. according to the application form' 1osts with the e)ternal e)perts who o!erlap with the responsibilities of the pro/ect implementation team are not /ustified ,e'g' costs at the budget line la G'J for bookkeeper and financial responsible budgeted at ;uman resources-'

E)ample( Costs 7* Subcontracte ser3ices 7*> E@ternal e@'erts G'J'% 1onsultant for the pro/ect management ,acti!'%'%- 3 P" ,U2G'J'" +ociologue e)pert ,acti!'A'A-3 applicant ,ROper contract per contract % % A### "&## F%DA### F%D"&## Unit No of units Unit rate 0in EUR1 Costs 0in EUR1

:* Ot$er Nota beneA The numbering of the budget heading is different for Priorities %K" 3 cap'$. and for Priority & 3 cap'H'
Page17

The budget heading shall include all the costs not budgeted at other headings or lines' 6t is recommended to insert distinct budget sub-lines for e!ery type of e)penditure. indicate the associated acti!ity and the partner who is responsible'

;* Pro3isions for contingenc% reser3e 0&a@i&u& 7C fro& t$e subtotal irect eligible costs of t$e 2ctionNota bene( The numbering of the budget heading is different for Priorities %K" 3 cap'E. and for Priority & 3 cap'$' The JT+ will check if the percentage left after applying the budget reductions. correction of the mathematical errors and remo!al of the non-eligible costs'

)?* A &inistrati3e costs ,ma)imum $B from the total direct eligible costs of the 2ctionNota bene( The numbering of the budget heading is different for Priorities %K" 3 cap'%%. and for Priority & 3 cap'%#' These costs include administrati!e costs with the own office,s- paid by the applicant and:or his pro/ect partners for the pro/ect implementation ,e'g' rent. electricity. water-sewerage. heating. phone. internet. consumables-' The JT+ will check if the percentage left after applying the budget reductions. correction of the mathematical errors and remo!al of the non-eligible costs' Correction of inconsistencies i entifie #it$in t$e grant a''lication

2*2

6f inconsistencies between different section of the grant application are identified ,Grant 2pplication. 7udget for the action. the Logical 5ramework-. the JT+ will check together with the selected applicants and agree on the way to correct them' The J 2 will be informed about the way inconsistencies were corrected' 2*8 Pro(ect in icators* Progra&&e in icators*

4uring on-site !isit and based on the grant application. the JT+ and the selected applicant will establish a list of indicators to be monitored at pro/ect le!el after the grant contract signature' oreo!er. on the basis of the grant application. the selected applicant and the JT+ will also identify and 0uantify those programme indicators which may be supported by the pro/ect ,section 96' 6ndicators-' 2*7 Su''ort acti3ities for t$e selecte a''licants

The JT+ will support the selected applicants during the contracting process. including preparation of the necessary documents ,e'g' Partnership 2greement-. re!ision of the pro/ect budget' 2fter a pre!ious phone re0uest. the selected applicants may reach the JT+ head0uarters ,+ucea!a : 6asifor indi!idual consultation. may send the draft !ersion of documents by e-mail in order to be checked by the assigned e)perts. and may recei!e assistance during on-site !isit' The present document is a!ailable on the programme web page( www'ro-ua-md'net 8* Anne@es The 7eneficiary8s +tatement odel of Partnership 2greement

Page17

+ENEFICIARD,S STATE/ENT 6. the undersigned M'''N. authori<ed representati!e of the organi<ation M'''N. as applicant for the pro/ect M''''N selected for funding under the Joint Operational Programme Romania-Ukraine- oldo!a "##$-"#%&. call for proposals M'''N. representing all the partners in the abo!e-mentioned pro/ect. acknowledging the legal pro!isions concerning false statements. 6 hereby certify that( The organi<ation agrees with the grant amount MON EUR representing MONB from the total eligible costs of the action' The organi<ation agrees with the recommendations appro!ed by the Joint with a !iew to conclude the grant contract' onitoring 1ommittee

The organi<ation has the needed professional 0ualifications and competences as they were specified in the application form and is eligible for funding' The grant contract will not fund acti!ities already financed by the European 1ommunity budget. by the state budget or other national or foreign funding sources' The organi<ation has the necessary sources of funding to implement the pro/ect. will accept the contract pro!isions. will pro!ide and spend during the implementation period of the pro/ect the re0uired amount of co-financing amounting at M'''N EUR representing MONB from the total eligible costs of the action. as well as any ineligible cost or related costs of the pro/ect' 6 declare that 6 will open a bank account in EUR. 6 will pro!ide the Joint anaging 2uthority with the corresponding 5inancial 6dentification of this account whene!er re0uested. and 6 will use it for all the financial transactions concerning the grant contract. and that 6 will inform the J 2 about any changes that may occur to the bank details' The organi<ation agrees to use the format pro!ided by the Joint anaging 2uthority as Partnership 2greement and 6 will pro!ide it. signed by all the pro/ect partners. whene!er re0uested by the Joint anaging 2uthority' 6 declare that 6 will present all the documents necessary to conclude the grant contract. including the Partnership 2greement. as they were re0uested'

6 certify that the organi<ation 6 represent and pro/ect partners are not in any of these situations( a- they are bankrupt or being wound up. are ha!ing their affairs administered by the courts. ha!e entered into an arrangement with creditors. ha!e suspended business acti!ities. are the sub/ect of proceedings concerning those matters. or are in any analogous situation arising from a similar procedure pro!ided for in national legislation or regulations* b- they ha!e been con!icted of an offence concerning their professional conduct by a /udgment which has the force of res judicata* ,i'e' against which no appeal is possible-* c- they ha!e been guilty of gra!e professional misconduct pro!en by any means which the Joint anaging 2uthority can /ustify* d- they ha!e not fulfilled obligations relating to the payment of social security contributions or the payment of ta)es in accordance with the legal pro!isions of the country in which they are established or with those of the country of the Joint anaging 2uthority or those of the country where the contract is to be performed* e- they ha!e been the sub/ect of a /udgment which has the force of res judicata for fraud. corruption. in!ol!ement in a criminal organi<ation or any other illegal acti!ity detrimental to the 1ommunitiesP financial interests* fthey are currently sub/ect to an administrati!e penalty referred to in 2rticle JH,%- of the 5inancial Regulation ,7U4GET-: 2rticle JJ of the 5inancial Regulation ,the %#th E45-'

5urthermore. it is recogni<ed and accepted that if the applicant and:or its partners participate in spite of these situations. we may be e)cluded from this procedure as well as from other future procedures. as per section "'&'A of the Practical Guide*

Our organi<ations are committed to meet the obligations pro!ided by the Partnership 2greement to
be anne)ed to the grant contract. and the principles of a good partnership'

Page17

The information pro!ided by the pro/ect are correct' The applicant and its partners are eligible as per +ection "'%'% of the Guidelines for grant applicants' Date: Signature:

Page17

Progra&&e finance b% T$e Euro'ean Union

Agree&ent bet#een lea 'artner an 'artners .oint O'erational Progra&&e Ro&ania6U4raine6Re'ublic of /ol o3a -??;6-?)2

PARTNERSHIP AGREE/ENT1

T$is Partners$i' Agree&ent is a legal ocu&ent #$ic$ for&aliEes t$e relations$i' bet#een t$e +eneficiar% an t$e 'ro(ect Partners stating &utual rig$t5 uties an res'onsibilities5 'ro3isions for soun tec$nical an financial &anage&ent an i&'le&entation of t$e 'ro(ect5 as #ell as reco3er% of fun s* ;a!ing regard to( REGUL2T6OC ,E1- Co %H&E:"##H O5 T;E EUROPE2C P2RL62 ECT 2C4 O5 T;E 1OUC16L of "A October "##H laying down general pro!isions establishing a European Ceighbourhood and Partnership 6nstrument 1O 6++6OC REGUL2T6OC ,E1- Co JG%:"##$ of J 2ugust "##$ laying down implementing rules for cross-border cooperation programmes financed under Regulation ,E1- Co %H&E:"##H of the European Parliament and of the 1ouncil laying down general pro!isions establishing a European Ceighbourhood and Partnership 6nstrument Joint Operational Programme Romania-Ukraine-Republic of oldo!a "##$-"#%&. appro!ed by the European 1ommission by the 4ecision no'&E#H on "J of July "##J *

the following agreement is concluded between( 7OTO+2C6 PU7L61 ;E2LT;E 4EP2RT ECT. hereinafter referred to as the > Lea Partner?. represented by O9646U 5LORECT6C 6 OR or 2. mandated with the mandate no 7 M'''N date M'''N and 46+TR61T 1OUC16L O5 ;LQ7OR2. hereinafter referred to as the > Partner )?. represented by 1 or 4 . mandated with the mandate no E M'''N date M'''N for the implementation of the 2ction Mtitle of the 2ctionN. appro!ed by the Joint onitoring 1ommittee of the Joint Operational Programme Romania-Ukraine-Republic of oldo!a "##$-"#%& on MdateN in MplaceN'

This formal document may be modified and ad/usted to the indi!idual needs. the legal and administrati!e framework of the Partners to the pro/ect. howe!er without any contradiction to the defined legal base set out below and to the call for proposals8 documents' 7efore the signature of the Grant 1ontract and within ma)imum &# calendar days after the receipt of the award letter. the Partnership 2greement has to be signed by the 7eneficiary and the Partners and pro!ided to the Joint Technical +ecretariat' 5ailure to submit the P2 within the abo!e-mentioned deadline may cause the delay of the contract signature' 2s this Partnership 2greement ser!es only as a model. there is no guarantee and no liability for completeness. correctness. up-to-datedness and full compatibility with EU and national law'

18

Progra&&e finance b% T$e Euro'ean Union

F ) Sub(ect of t$e agree&ent

%'%

The sub/ect of this agreement is the organisation of a partnership in order to implement the pro/ect financed by the Joint Operational Programme Romania-Ukraine-Republic of oldo!a "##$-"#%&. call for proposals M"##J : "#%# : "#%%N. Mtitle of the actionN' Through the present agreement. the parties establish their right and duties. the way of achie!ing their tasks and the relations between Lead partner and Partners. which shall apply in order to achie!e the goals of the abo!e-mentioned action' The terms and conditions of the present e)press of will. which is constituted by the present agreement and its anne)es. are known and accepted by all partners' 7y means of this agreement. the parties acknowledged and agreed with the grant amount and percentage from the total eligible costs of the 2ction to be financed by the Joint anaging 2uthority'

%'"

%'& %'A

F - Duration of t$e agree&ent

"'% "'"

The Partnership 2greement enters into force on the day the Grant contract enters to force' The Partnership 2greement shall continue until all obligations of the Lead Partner as written in the Grant 1ontract are fulfilled' F 2 Di3ision of tas4s bet#een t$e 'artners 2cti!ities to be implemented by the Lead Partner and his pro/ect Partners are specified in 2nne) %. part of this Partnership 2greement' F 8 Balue of t$e 'ro(ect The total !alue of the pro/ect is Mamount in figuresN. Mamount in lettersN. out of which( the total eligible !alue of the pro/ect is Mamount in figuresNEUR ECP6 contribution is Mamount in figuresN EUR and M'''NB the own contribution of the partners is Mamount in figuresN EUR and M'''NB

The distribution of the budget for the action between the pro/ect partners is summari<ed in the table below(

19

Progra&&e finance b% T$e Euro'ean Union

Parties

Grant 0ENPI contribution1 'er 'artners EUR B"

O#n contribution 'er 'artners EUR B&

Total bu get 'er 'artners EUR B

Lead Partner Partner % Partner " MON Partner n

F 7 Pa%&ents 7*) Financial I entifications for t$e 'ro(ect s'ecial accounts

a- 6n order to recei!e and make payments for the pro/ect implementation. the Lead Partner

shall pro!ide the Joint Technical +ecretariat with the financial identifications of the accounts in EUR and in the national currency. opened by all the pro/ect Partners. to be used for the financial management of their part of the pro/ect budget' ,as specified in the written notification sent by the Joint Technical +ecretariat- at the latest' days postponement to pro!ide the necessary financial identifications may be accepted'

b- The financial identifications must be pro!ided as originals. on the date of the on-site !isit

c- 6n really e)ceptional and ob/ecti!e cases. dully /ustified by the Lead Partner. a G working d- 2ll payments shall be done in EUR'
7*- Assign&ent of t$e au itor0s1

a- The Lead Partner is responsible to inform in writing the Joint anaging 2uthority about the

audit firm,s- appointed to carry out the !erification,s- referred to in 2rt %G'H of the 2nne) 66 General 1onditions ,name. contact responsible person. address. phone and fa) number-' The notification concerns all the audit companies carrying out the e)penditure !erification for the Lead Partner and partners from Ukraine and:or the Republic of oldo!a' b- The Lead Partner must notify the Joint anaging 2uthority before t$e 'a%&ent of t$e first 're6financing' 6f not. the payment term of the first instalment of pre-financing will be suspended until this obligation is met' 7*2 Transfer of t$e first instal&ent of 're6financing The transfer of the first instalment of pre-financing shall be made by the Lead Partner to the pro/ect Partners no later than -? calen ar a%s from the day the first instalment of pre-financing is paid by the Joint anaging 2uthority ,J 2- in the account of the Lead Partner'
2 3

1alculated as percentage of the total grant recei!ed by the pro/ect 1alculated as percentage of the total co-financing to be ensured by the pro/ect

20

Progra&&e finance b% T$e Euro'ean Union

7*8 Furt$er transfers of fun s

a- The Lead Partner is responsible for transferring funds to the accounts of the pro/ect

Partners in an appropriate amount. according to the re0uest for payment appro!ed by the Joint anaging 2uthority' b- The Lead partner shall make transfer of funds to the pro/ect Partners on the basis of indi!idual re0uests of payment issued by e!ery pro/ect Partner' c- 6n this respect. the Lead Partner must inform the pro/ect Partners that he has the intention to submit a collecti!e re0uest for payment to the Joint anaging 2uthority:JT+. in due time to allow them to prepare their indi!idual re0uests for pre-financing payment' d- The basis to submit to the Joint anaging 2uthority any collecti!e ,interim : final- is that e!ery indi!idual payment re0uest submitted by the pro/ect Partners to the Lead Partner. is accompanied by the corresponding report on e)penditure !erification. issued by the appropriate controller:auditor'

e- 6n this respect. the Lead Partner and all partners must present their documents to the first

le!el controllers or auditors. in order that these documents are !erified before the drafting. elaboration and forwarding the re0uests for payment'

f- The transfer of funds to the pro/ect Partners must be done without any delay. in due time

to allow smooth implementation of the pro/ect. only in the EUR accounts indicated in the 5inancial 6dentifications pro!ided by the Partners. no later than -? calen ar a%s from the day the payment is made by the Joint anaging 2uthority ,J 2- in the account of the Lead Partner' g- The Lead Partner is responsible to check with his pro/ect Partners and periodically inform the J 2 that co-financing for the pro/ect is pro!ided as it was committed within the present agreement' F : Rig$ts an obligations of t$e Lea Partner :*) Co&&unication #it$ t$e &anage&ent structures of t$e 'rogra&&e

a- The Lead Partner is the only entity entitled to contact the J 2' The Lead Partner is obliged

to make a!ailable to the other Partners. both in paper and electronic form. documents and information recei!ed from the J 2:JT+ and useful in implementation of their acti!ities' b- 2t any time. the partners may apply to the Lead Partner for re0uesting the J 2:JT+ for information necessary for correct implementation of their part of the Pro/ect' 6n such cases. the Partner is obliged to simultaneously transmit to the Lead Partner all rele!ant information and documents necessary to support the re0uest. and the Lead Partner must pass on this re0uest to the J 2:JT+ without any delay' :*- T$e grant contract

a- 6n %# calendar days after the contract signature. the Lead Partner is responsible to pro!ide
all the pro/ect Partners with a copy of the contract. including its anne)es'

21

Progra&&e finance b% T$e Euro'ean Union

b- The Lead Partner must seek for the agreement of the pro/ect Partners before initiating any
modification of the grant contract'

c- The agreement of e!ery Partner must be e)pressed in writing and attached to any re0uest
for modification of the grant contract. forwarded by the Lead Partner to the J 2:JT+'

:*2 I&'le&entation of t$e grant contract

a- The Lead Partner is responsible before the J 2 for the general coordination. management
and implementation of the entire 2ction'

b- The Lead Partner is responsible for the correct management of ECP6 amounts. according to
the pro!isions of the grant contract and of the present agreement'

c- The Lead Partner ensures the timely start of the pro/ect implementation and that it is
entirely implemented in due time and according to the obligations pro!ided by the grant contract'

d- 7efore the grant contract signature. until the on-site !isit to take place. the Lead Partner
must !erify by any means that the information pro!ided by the pro/ect Partners within the grant application form is real and accurate ,e'g' a!ailability of material. human and financial inputs to be pro!ided to the pro/ect-. as well as any other information concerning the Partners and mentioned within the grant application form' indicators during implementation'

e- The Lead Partner is responsible to monitor the progress of Pro/ect outputs and result fThe Lead Partner is responsible to implement the actions established with the partners. necessary for full implementation of pro/ect targets. as foreseen in the grant contract' implementation of the pro/ect and:or that may affect the budget. regardless if he disco!ers these e!ents on its own or if other partners inform him on these aspects'

g- The Lead Partner shall notify the J 2 regarding any e!ents that may result in delays in the

:*8 Re'orting

a- The Lead Partner collects all documents from the pro/ect Partners in order to complete the
technical and financial interim report : final implementation report. 0uarterly progress reports. re0uests for payments. and all other necessary documents. and notify the partners about the deadlines for submitting them'

b- The Lead Partner must re0uest any information and additional documents from the

partners. necessary for drafting the documents re0uested by the J 2:JT+' The Lead Partner has the obligation to mention in the re0uest the deadline for the partners' reports submitted to the JT+:J 2 and shall inform them regarding the rele!ant communications with the implementing bodies of the programme' report : final implementation report. 0uarterly progress reports. re0uests for payments. and all documents drawn up by the Pro/ect Partners' interim report : final implementation report and re0uests for payment' recei!ed from the J 2 and of the transfers to the partners'

c- The Lead Partner shall send periodically. to each partner. copies of the 0uarterly progress

d- The Lead Partner must ensure the correctness of the technical and financial interim

e- The Lead Partner informs all partners regarding the appro!al of the technical and financial f- The Lead Partner is responsible for keep track of the pro/ect acti!ities. of the amounts 22

Progra&&e finance b% T$e Euro'ean Union

g- The Lead Partner must notify all partners regarding any situation that may lead to the

temporary or permanent impossibility or to any other drawback in the implementation of the action'

:*7 /onitoring on6site 3isits The Lead Partner shall centrali<e e!idence of the acti!ities performed by all the pro/ect Partners to be presented during monitoring on-site !isits. as re0uested' :*: Irregularities

a-

6n case an irregularity is disco!ered. the Lead Partner shall communicate to all partners to take all the necessary measures for eliminating or diminishing the conse0uences on the implementation of the action. no later than in & working days from the date of disco!ering the irregularity' 5or the irregularities committed by a partner. the Lead Partner is entitled to turn against the partner for the amounts paid to the J 2. through any legal means of action' The Lead Partner is obliged to return the amounts inappropriately used considering their intended use. without respecting the binding procedures. and unduly paid. within the period and upon conditions specified by the Joint anaging 2uthority' The Lead Partner ensures that all partners implement the measures included in the action plan resulted from the audit missions of the European 1ommission. the European 2nti5raud Office. the European 1ourt of 2uditors. the Joint anaging 2uthority. Joint Technical +ecretariat. and any controller or e)ternal auditor. at the stipulated deadlines' F ; Rig$ts an obligations of t$e Partners

bc-

d-

;*) Co&&unication #it$ t$e Lea Partner The partners ha!e the obligation to respond to any re0uest of the Lead Partner in the deadline stipulated in the respecti!e re0uests' ;*- I&'le&entation of t$e grant contract

a- The Partner is entirely and solely responsible for implementation of its tasks. according to

the grant contract and as listed in 2nne) % - 4i!ision of tasks. part of this Partnership 2greement' !erification,s- referred to in 2rt %G'H of the 2nne) 66 ,name. contact responsible person. address. phone and fa) number before the payment of the first pre-financing' The notification concerns the audit company responsible to carry out the e)penditure !erification for the partners from Ukraine and:or the Republic of oldo!a' 6f not. the term of payment of the first installment of pre-financing will be suspended until this obligation is met' action'

b- The Partners shall notify the Lead Partner about the audit firm,s- appointed to carry out the

c- Each partner shall be responsible for its budget up to the amount he participates in the d- 6f the case may be. the Partners must periodically inform the Lead Partner about the cofinancing pro!ided and spent during the pro/ect implementation'

23

Progra&&e finance b% T$e Euro'ean Union

e- The Partner shall comply with the national and European legislation in general and

especially on public procurement. state aid. e0ual opportunities. sustainable de!elopment. and en!ironmental protection' temporary or permanent impossibility or to any other drawback in the implementation of the action in ma)imum & working days from the e!ent'

f- The Partner must notify the Lead Partner regarding any situation that may lead to the

;*2 Re'orting

a- Each partner must submit to the Lead Partner any documents necessary for drafting specific
documents re0uested by the J 2:JT+ or other implementing bodies of the programme'

b- The Partner supports the Lead Partner in drawing up technical and financial interim report :
final implementation report. 0uarterly progress reports by pro!iding the re0uired data drafts on time and submits to the Lead Partner all necessary data for the re0uests for payments in the deadline' share of 2ction. according to the calendar agreed with the Lead Partner' The reports must be issued in English and signed by the legal representati!e of the Partner' oreo!er. the certificate issued in English. on the basis of the e)penditure !erification report. must bear the mention >according to the original? and the pro/ect code' control : the selected audit company and then submit the technical and financial reports and the e)penditure !erification report to the Lead Partner. for centrali<ation. but not later than G working days before the deadline for submitting the re0uests for payments to the JT+'

c- The partners must send to the Lead Partner in due time the corresponding reports for their

d- The partners must present the documents related to the e)penditures to the first le!el

;*8 /onitoring on6site 3isits

a- The Partner will produce all documents re0uired for the audit. control or e!aluation.

pro!ide necessary information and gi!e access to its premises' The Lead Partner and its partners are at all times obliged to retain for audit and control purposes all files. documents and data about the action for a minimum period of at least se!en years after the final payment' 2ll the documents must be properly archi!ed' 2lso. the JT+ must be informed by the Lead Partner regarding the location of these documents' 6n case one of the Partners drops out the partnership. all the documents related to the 2ction must be sent in original to the Lead Partner. for future controls' deadlines. set by the Lead Partner:J 2. according to the recommendations resulted from the audit missions of the European 1ommission. the European 2nti-5raud Office. the European 1ourt of 2uditors. the Joint anaging 2uthority. Joint Technical +ecretariat. and any controller or e)ternal auditor' e!aluation of the Programme purposes'

b- The partner must implement the measures included in the action plan. at the stipulated

c- Each partner agrees for processing its personal data for monitoring. control. promotion and d- The Partner is responsible to pro!ide the Lead Partner with e!idence of the acti!ities
performed. to be presented during monitoring on-site !isits. as re0uested'

e- The partner will ensure access to its premises and documents. if they are notified that
monitoring on-site !isit will take place at the location where the pro/ect is implemented'

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Progra&&e finance b% T$e Euro'ean Union

;*7 Irregularities

a- 2ll partners understand that the J 2 is entitled to !erify and to control the proper use of

funds by the Lead Partner or by its partners' The !erifications to be carried out by JT+:J 2 shall co!er administrati!e. financial. technical and physical aspects of 2ction. as appropriate' The JT+:J 2 shall be responsible for the control of the proper use of funds by the Lead Partner or by its partners. by pre!enting. detecting and correcting irregularities and reco!ering amounts unduly paid. together with interest on late payments where appropriate' specified for a gi!en Partner in the 2pplication 5orm' 5or the irregularities committed by a partner. the Lead Partner has the right to turn against the respecti!e partners. by any legal means. in order to reco!er the amounts paid to the J 2'

b- Each partner is liable for any irregularities found in implementation of the Pro/ect tasks

c-

2ny e)tra payment done by the Lead Partner to a partner is considered unduly paid amount. and the partner has to repay the respecti!e amounts in &# days from the recei!ing date of the notification from the Lead Partner' The bank charges resulted from reimbursing the unduly paid amounts are borne e)clusi!ely by the partner' Each partner. including the Lead Partner. shall be responsible to the other partners and shall pay for the damages resulted from not respecting the tasks and obligations established by the present agreement' Each partner is responsible for the damages caused to third parties from its own fault during the implementation of the action' F < Reco3er% of fun s

d-

e-

E'%

+hould on the basis of the progress. interim or final reports controls conducted by authori<ed bodies or any other sources be found that the Partner used the whole or a part of the grant not as intended. without adhering to the applicable procedures or Partner took funds in an undue manner or in e)cessi!e amounts. the Partner shall be obliged to reimburse these funds. respecti!ely in part or in whole. together with interest. on terms and in the deadlines and the account indicated by the Lead Partner' 6n case the Partner did not perform the reimbursement when due. as referred in item %. the Lead partner shall undertake actions aiming to reco!er the amount. including initiating the legal proceeding' The costs of actions aimed to reco!er the amount shall be borne by the Partner' The interest referred to in item % shall be calculated as those for ta) liabilities and charged the day the grant transfer referred in item % was transferred to the Partner account' F > Publicit%

E'"

E'&

J'% Each partner shall inform the general public about the EU contribution. outputs. results and impact of the pro/ect. using the measures laid down in article E of Regulation %E"E:"##H' J'" The rules stipulated in the 9isual 6dentity anual for the Joint Operational Programme Romania-Ukraine-Republic of oldo!a "##$-"#%& are mandatory for all partners' F )? Confi entialit%

25

Progra&&e finance b% T$e Euro'ean Union

2ll information obtained during implementation of the pro/ect. and not constituting information sub/ect to publication. should be treated as confidential. if re0uired by any Partner or institution participating in the pro/ect implementation' F )) Conflict of interests %%'% 6n the present agreement. there is a conflict of interests where the impartial and ob/ecti!e e)ercise of the functions of any person under this agreement is compromised for reasons in!ol!ing family. emotional life. political or national affinity. economic interest or any other shared interest with another person' The parties undertake to take all necessary precautions to a!oid conflicts of interests and shall inform the Lead Partner without delay of any situation constituting or likely to lead to any such conflict. in up to G ,fi!e- days from finding out. on any circumstances that ha!e generated or may generate such a conflict' The Partner shall sol!e the conflict of interest within &# days from the notification of any such situation without re0uiring any compensation from the Lead Partner' 2ny conflict of interests that arises during the implementation of the pro/ect shall be immediately notified by the Lead Partner to the JT+ and J 2. which reser!es the right to !erify such circumstances and take the necessary measures. where necessary' F )- Go3erning La# an Dis'ute Resolution %"'% The go!erning law for this 2greement is the national law of the Lead Partner' %"'" 6n case of disputes between the parties related to interpretation or implementation of the present Partnership 2greement. they will try to sol!e them by mediations' To this aim each Partner will appoint one independent mediator' The tasks of the mediators team will include preparation within one-month from the creation of the team. a solution to the dispute'

%%'"

%"'& 6f all Partners do not accept the solutions proposed by the mediators. the dispute will be sub/ect to the general court competent for the office of the Lead Partner' F )2 Force &a(eure %&'% 2ccording to the present agreement. the >force ma/eure? represents any unforeseeable e)ceptional situation or e!ent beyond the parties8 control which pre!ents either of them from fulfilling any of their contractual obligations. is not attributable to error or negligence on their part ,or the part of their subcontractors. agents or employees-. and pro!es insurmountable in spite of all due diligence' 4efects in e0uipment or material or delays in making them a!ailable. labour disputes. strikes or financial difficulties cannot be in!oked as force ma/eure' The partner that states that it is a case of >force ma/eure? has the obligation to notify the other parties within G days from the date the case of >force ma/eure? is installed and to pro!e the e)istence of this situation within %G days' 6n case the >force ma/eure? stops. the e!ent must be notified to the other parties within G days stating the nature. probable duration and foreseeable effects of the problem. and take any measure to minimise possible damage' 6f the notification procedure is not respected. the responsible partner shall co!er all costs'

%&'"

%&'&

%&'A The e)ecution of the contract is suspended during the period of >force ma/eure?'

26

Progra&&e finance b% T$e Euro'ean Union

F )8 A&en &ent of t$e agree&ent %A'% 2ny modification to this Partnership 2greement can be made only with the agreement of all parties and takes the form of an addendum to the present agreement'

%A'" 2ny intent to modify the Partnership 2greement. including its anne)es. will be notified in writing to the Lead Partner' 2s the Partnership 2greement is an anne) to the grant contract. the Lead Partner is responsible to inform the JT+:J 2 about the intended modifications and seek for its prior appro!al' The Lead Partner will also be informed about the applicable procedure to follow ,notification or addendum of the grant contract-' %A'& 2ddendum enter into force the ne)t day after signature by the last party. e)cept the case when it confirms modifications occurred in the national:European applicable legislation with impact on the implementation of the present agreement. modifications that become effecti!e from the date the respecti!e legal acts enter into force' %A'A 2ny breach of the pro!isions of the present 2greement may result in the termination of the present 2greement and in decommitment of financing and repayment of amounts unduly paid' F )7 Final Regulations %G'% The agreement is made in ,number of "- copies in English' Each party recei!es one copy of the Partnership 2greement' Unless agreed otherwise by the parties. all communication within the Partnership will take place in English' Lea PartnerA

BOTOSANI PUBLIC HEALTH DEPARTMENT


7OTO+2C6 PU7L61 ;E2LT;E 4EP2RT ECT M+ignatureN Partner8A

DISTRICT COUNCIL OF HLIBOKA


5 M+ignatureN

To be multiplied for each partner'

27

Progra&&e finance b% T$e Euro'ean Union

F ): List of Anne@es The following anne)es must comply with the grant application form and be agreed between the partners and attached to the Partnership 2greement ,no templates pro!ided-( 2nne) %( 2nne) "( 2nne) &( 4i!ision of tasks between the partners +chedule for programmed acti!ities 7udget of the 2ction to be implemented by e!ery pro/ect partner

2nne) A( +chedule for re0uests for payment and technical and financial interim reports : final implementation report

28

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