Delegation Agreements: 2011 templates

“Regards Croisés” on Aid Effectiveness

Practitioners’ Network for European Development Cooperation - Division of Labour and Aid modalities Subgroup

EuropeAid

Brussels, 7 April 2011

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WHY REVISED TEMPLATES?

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Delegation Agreements templates adopted in 2008

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Revised templates adopted in January 2011

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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 2

STRUCTURE OF THE DELEGATION AGREEMENT EuropeAid

• Structure of the Delegation Agreement: o Special Conditions o o Description of the Action General Conditions o o o o Budget of the Action Central Exclusion Database annexes Financial Identification form Payment request • No annex on applicable legislation and rules: o Delegation Agreement contains a comprehensive set of o obligations Eligibility rules: check Annex A.2 to PRAG 3

WHEN CAN A DELEGATION AGREEMENT BE USED?

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• 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 4

SPECIAL CONDITIONS EuropeAid

• Special Conditions prevail over any other document • Content: o Purpose: • Indication of any Commission procedures that may apply (e.g. grants); o • Clarification if action is co-financed: relevant for eligibility rules 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 5

SPECIAL CONDITIONS

• Content: o o o o o Amount of the EU contribution and % of indirect costs Payment option Access to the Central Exclusion Database: • EU Member States: direct access to the database!

Contact addresses List of annexes

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SPECIAL CONDITIONS

• Content: o Article 7: • Notional approach • Derogations to the General Conditions: o Provisions mandated by Financial Regulation cannot be derogated o o Derogations require internal procedure Equal treatment!

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GENERAL CONDITIONS

• • Contractual provisions re-ordered Two types of obligations: o o General & Administrative Financial Provisions • Central Exclusion Database: o New requirement included in last revision of the o Financial Regulation Central Exclusion Database = level 5 EWS (internal o system) 2008 templates: Delegatee body had to check with Commission whether entity was in level 5 EWS

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GENERAL CONDITIONS EuropeAid

• 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 9

WHERE CAN I FIND THESE DOCUMENTS?

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WHERE CAN I FIND THESE DOCUMENTS?

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THANK YOU!

DEVCO/G7: Financial and contractual matters, and legal affairs. Contractual Procedures and management modes Section

EuropeAid

JAVIER RAYA AGUADO, Head of Section Javier.Raya–[email protected]

DOLORES DOMINGUEZ PEREZ [email protected]

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