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Document 02007R0951-20171111
Commission Regulation (EC) No 951/2007 of 9 August 2007 laying down implementing rules for cross-border cooperation programmes financed under Regulation (EC) No 1638/2006 of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
Consolidated text: Commission Regulation (EC) No 951/2007 of 9 August 2007 laying down implementing rules for cross-border cooperation programmes financed under Regulation (EC) No 1638/2006 of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
Commission Regulation (EC) No 951/2007 of 9 August 2007 laying down implementing rules for cross-border cooperation programmes financed under Regulation (EC) No 1638/2006 of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
02007R0951 — EN — 11.11.2017 — 003.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
COMMISSION REGULATION (EC) No 951/2007 of 9 August 2007 (OJ L 210 10.8.2007, p. 10) |
Amended by:
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Official Journal |
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No |
page |
date |
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COMMISSION IMPLEMENTING REGULATION (EU) No 435/2011 of 5 May 2011 |
L 118 |
1 |
6.5.2011 |
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COMMISSION IMPLEMENTING REGULATION (EU) No 1343/2014 of 17 December 2014 |
L 363 |
75 |
18.12.2014 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2017/2011 of 9 November 2017 |
L 292 |
55 |
10.11.2017 |
Corrected by:
COMMISSION REGULATION (EC) No 951/2007
of 9 August 2007
laying down implementing rules for cross-border cooperation programmes financed under Regulation (EC) No 1638/2006 of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument
CHAPTER I
INTRODUCTION
Article 1
Subject and scope
This Regulation lays down rules for the implementation of Regulation (EC) No 1638/2006 in relation to cross-border cooperation programmes.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
‘technical assistance’ means preparatory work, management, monitoring, evaluation, information, audit and control, and any administrative capacity-building activities necessary for implementation of the joint operational programmes;
‘beneficiary’ means a body which signs a grant contract with the Joint Managing Authority and which assumes full legal and financial responsibility for project implementation vis-à-vis that authority; it receives the financial contribution from the Joint Managing Authority and ensures it is managed and, where appropriate, distributed in accordance with the agreements drawn up with its partners; it alone is responsible to the Joint Managing Authority and it is directly accountable to the authority for the operational and financial progress of activities;
‘contractor’ means a body which signs a service, works or supply contract with the Joint Managing Authority and which assumes full legal and financial responsibility for implementation of that contract vis-à-vis the Joint Managing Authority;
‘strategy paper’ means the document which is referred to in Article 7(3) of Regulation (EC) No 1638/2006 and which establishes the list of the joint operational programmes, their multiannual indicative envelope and territorial units eligible within each programme;
‘participating countries’ means all Member States and partner countries taking part in the joint operational programme;
‘partner countries’ means the countries and territories listed in the Annex to Regulation (EC) No 1638/2006;
‘large-scale projects’ means projects comprising a set of works, activities or services intended to fulfil an indivisible function of a precise nature pursuing clearly identified objectives of common interest for the purposes of implementing cross-border investments;
‘own resources of the countries participating in the joint operational programme’ means financial resources from the central, regional or local budget of the participating countries;
‘operational follow-up of the projects’ means follow-up of the operations financed by the programme in accordance with the method for the project-management cycle, from programming to technical monitoring of implementation to evaluation.
CHAPTER II
BASIC DOCUMENTS
SECTION 1
Joint operational programmes
Article 3
Preparation of joint operational programmes
Each joint operational programme shall be defined by common agreement of all the participating countries, in accordance with Regulation (EC) No 1638/2006, the strategy paper and this Regulation.
Article 4
Content of joint operational programmes
Each joint operational programme shall describe the objectives, priorities and measures concerning the operations to be undertaken and shall explain how they fit in with other ongoing or planned bilateral and multilateral programmes in the countries and regions concerned, in particular programmes financed by the European Union.
In particular, each joint operational programme shall:
list the territorial units eligible, including the possible adjacent regions, as locations for projects financed by the programme, as defined in Regulation (EC) No 1638/2006 and the strategy paper;
lay down rules for participation in the programmes by adjacent areas in third countries which are not covered by Regulation (EC) No 1638/2006 but which are allowed to take part in cooperation on the basis of the strategy paper;
lay down priorities and measures addressing the objectives identified in the strategy paper;
set out the composition of the Joint Monitoring Committee in accordance with Article 11 of this Regulation;
identify the body appointed by the participating countries to perform the role of Joint Managing Authority;
describe the structure that will be set up by the Joint Managing Authority for the management of the programme in accordance with Articles 14, 15, 16 and 17 of this Regulation. This description shall be detailed enough to enable the Commission to be reasonably confident that effective and efficient internal control systems have been put in place, based on best international practices;
include a financial table describing the provisional yearly allocations of commitments and payments under the programme, established in accordance with the priorities and specifying in particular the amounts allocated to technical assistance;
identify programme implementation methods, in accordance with the contractual procedures referred to in Article 23 of this Regulation;
specify a provisional indicative timetable for the launching of procedures and the selection of projects to be financed;
describe any regulatory requirements regarding environmental impact assessment studies and give a provisional indicative timetable for the carrying-out of these studies;
state the language(s) adopted by the programme;
include an information and communication plan in accordance with Article 42.
The table referred to in point (g) of the second paragraph shall indicate the European Community contribution and divide the provisional indicative amounts to be committed by the Commission each year up to 2013 (the allocations for 2011-2013 shall be confirmed in the Indicative Programme for 2011-2013). The table shall also contain the provisional indicative amounts of co-financing from the own resources of participating countries.
For the purposes of point (h) of the second paragraph, the projects financed under the programme shall generally be selected following calls for proposals. Nevertheless, the participating countries may also, in agreement with the European Commission, jointly identify large-scale cross-border investment projects which will not be selected through calls for proposals: these projects shall be specifically mentioned in the programme or be selected at a later stage by the Joint Monitoring Committee, referred to in Articles 11 to 13, provided that they are consistent with the programme's priorities and measures and that there is a budget specifically for this purpose.
Article 5
Adoption of joint operational programmes
The Commission shall examine the joint operational programme in order to verify that it contains all the elements referred to in Article 4, which shall involve in particular:
assessing its conformity with the strategy paper;
checking the quality of the analysis, its consistency with the proposed priorities and measures, and its consistency with the other bilateral and multilateral programmes ongoing or planned in the regions concerned by the programme;
verifying that the programme complies with the Community legislation applicable;
checking that any environmental impact assessment studies that may be required have been carried out or are planned before the proposed projects are implemented;
ensuring the consistency of the financial table for the programme, particularly with regard to the amounts to be committed by the Commission;
ensuring the management capacity of the Joint Managing Authority is commensurate with the volume, content and complexity of the operations planned under the programme. In particular, the Commission shall check that the Joint Managing Authority has sufficient properly qualified human resources fully dedicated to the programme, the requisite computerised management and accountancy tools and financial circuits that comply with the relevant Community legislation. These checks may be carried out through an ex ante on-the-spot audit, if considered necessary by the Commission;
ensuring that the Joint Managing Authority has planned for and set up satisfactory internal control and audit systems, based on international best practices.
Article 6
Monitoring and evaluation of joint operational programme
This evaluation shall be carried out by the Commission, and its results, which shall be communicated to the Joint Monitoring Committee and Joint Managing Authority for the indicative programme may lead to adjustments in the programme.
Article 7
Revision of joint operational programmes
This rule shall apply to technical assistance financed by Community funds only with the written prior approval of the Commission.
Following a reasoned request from the Joint Monitoring Committee or at the initiative of the Commission in agreement with the Joint Monitoring Committee, joint operational programmes may be reviewed and, if necessary, revised in the following cases:
in order to make allowance for major socio-economic changes or substantial changes in Community, national or regional priorities in the area covered by the programme;
following implementation difficulties giving rise to substantial delays;
where there is a transfer of Community funds from one priority to another going beyond the margin of flexibility referred to in paragraph 1 of this Article;
following the evaluations referred to in Article 6(2) and 6(3);
where the programme is terminated in accordance with Article 44.
Article 8
Use of languages
Interpreting and translation costs for all languages selected by the programme shall be met:
from the technical assistance budget at joint operational programme level;
from the budget of each individual project at project level.
Article 9
Starting phase of joint operational programmes
Following the adoption of the joint operational programme by Commission decision, the programme shall start immediately in the Member States with the allocation in the European Neighbourhood and Partnership Instrument for cross-border cooperation from heading 1B of the Financial Perspective (Interinstitutional Agreement 2006/C 139/01) ( 1 ). Joint actions required to launch the programme may also be undertaken, namely:
the establishment of the Joint Managing Authority and of the Joint Technical Secretariat;
the first meetings of the Joint Monitoring Committee, including representatives of partner countries that have not yet signed a financing agreement;
the preparation and launching of tender procedures or calls for proposals, if necessary with a suspension clause linked to the signing of the financing agreements.
SECTION 2
Financing agreement
Article 10
Signing of financing agreements
Where a programme includes several partner countries, it may be launched with each partner country as soon as that country has signed its financing agreement.
CHAPTER III
MANAGEMENT STRUCTURES FOR JOINT OPERATIONAL PROGRAMMES
SECTION 1
Joint Monitoring Committee
Article 11
Composition of the Joint Monitoring Committee
Article 12
Functioning of the Joint Monitoring Committee
The chairperson of the Joint Monitoring Committee shall act as arbitrator and lead discussions. The chairperson shall retain their vote, unless the position of chairperson has been given to a representative of the Joint Managing Authority or another outside person. In the latter case, the chairperson shall have no vote.
Article 13
Functions of the Joint Monitoring Committee
As part of its functions with regard to the joint operational programme, the committee shall:
approve the Joint Managing Authority's work programme;
decide on the volume and allocation of the programme's resources for technical assistance and human resources;
at each of its meetings, review the management decisions taken by the Joint Managing Authority;
appoint the project-selection committees;
decide on the selection criteria for the projects and take the final decision on projects and on the amounts granted to them;
at each of its meetings and on the basis of the documents submitted by the Joint Managing Authority, evaluate and monitor progress towards the objectives of the joint operational programme;
review all reports submitted by the Joint Managing Authority and, if necessary, take appropriate measures;
examine any contentious cases of recovery brought to its attention by the Joint Managing Authority.
If, when taking decisions referred to in point (e) of the first paragraph, the Joint Monitoring Committee decides not to follow all or part of the recommendations of the selection committee, it shall explain its decision in writing. The decision shall then be sent via the Joint managing authority to the Commission for prior approval. Commission communicates its opinion to the Joint Managing Authority within 15 working days.
Duties of the Joint Managing Authority shall be performed in compliance with regulations and provisions in force. The Joint Managing Authority is responsible for ensuring that decisions of the Joint Monitoring Committee comply with these rules.
SECTION 2
Joint Managing Authority
Article 14
Organisation of the Joint Managing Authority
This body must satisfy appropriate financial requirements and comply with the conditions provided for in Council Regulation (EC, Euratom) No 1605/2002 ( 2 ), in particular Article 54 thereof, and Commission Regulation (EC, Euratom) No 2342/2002 in particular Articles 38, 39 and 41 thereof ( 3 ).
In particular, operational management functions and financial management functions shall be organised separately within the Joint Managing Authority. The functions of authorising officer and accounting officer shall be separate and mutually incompatible.
A general system shall be used for the management of accounts and the administrative and financial monitoring of grants and contracts (correspondence, follow-up letters or reminders, receipt of reports, etc.).
Article 15
Functions of the Joint Managing Authority
The various tasks of the Joint Managing Authority shall include:
organising and acting as a secretariat for meetings of the Joint Monitoring Committee, including drawing-up the minutes of the meetings;
preparing detailed annual budgets for the programme and payment requests for the Commission;
drawing up annual operational and financial reports and sending them to the Joint Monitoring Committee and the Commission;
implementing, through its internal audit service, an audit programme to check internal circuits and to ensure that procedures are properly applied within the Joint Managing Authority; annual internal audit reports shall be sent to the Joint Monitoring Committee and the Commission;
launching, after approval by the Joint Monitoring Committee, calls for tenders and calls for proposals for the selection of projects;
receiving project applications, organising, chairing and acting as secretariat for selection committees, and sending reports including selection committee recommendations to the Joint Monitoring Committee and the Commission;
following up the selection of projects by the Joint Monitoring Committee, signing contracts for the various projects with beneficiaries and contractors;
carrying out operational follow-up and financial management of the projects;
immediately notifying the Joint Monitoring Committee of all contentious cases of recovery;
carrying out any environmental impact assessment studies at programme level;
implementing the information and visibility plan in accordance with Article 42.
Article 16
Joint Technical Secretariat
The operation of the Joint Technical Secretariat shall be financed from the technical assistance budget.
Article 17
Principle of continuity
Where an existing Joint Managing Authority with Commission-approved systems for the management of previous or ongoing programmes is reappointed to manage a joint operational programme, it shall not be necessary to modify the Joint Managing Authority's organisational arrangements, provided the systems used meet the requirements of this Regulation.
CHAPTER IV
FINANCIAL MANAGEMENT OF THE JOINT OPERATIONAL PROGRAMMES
SECTION 1
Financing
Article 18
Technical assistance financed by the Community contribution
No more than 10 % of the Community's total contribution to a joint operational programme may be allocated to technical assistance.
However, on a case-by-case basis and if warranted by the level of expenditure incurred during previous years of implementation and forecast legitimate programme requirements, an increase in the amount of the technical assistance initially allocated to the programme may be considered.
Article 19
Co-financing sources
Article 20
Co-financing rate
Article 21
Bank account of the joint operational programme and interest on pre-financing
Article 22
Accounts for the joint operational programme
Accounts for the joint operational programme shall be drawn up by the service within the Joint Managing Authority responsible for financial transactions. These accounts shall be independent and separate and shall include only transactions relating to the joint operational programme. They shall be kept in such a way as to enable analytical monitoring of the programme by objective, priority and measure.
The Joint Managing Authority shall present the Joint Monitoring Committee and the Commission with reports reconciling these accounts with the balance in the bank account for the programme to accompany the annual report and any request for additional pre-financing.
Article 23
Contractual procedures
The procedures and related standard documents and contract templates to be used shall be those included in the Practical Guide to contract procedures for EC external actions with annexes in force at the time of the launching of procurement procedures or calls for proposals.
SECTION 2
Payments
Article 24
Annual commitments by the Commission
Further to the initial commitment accompanying the decision adopting the joint operational programme, the Commission shall each year make the corresponding commitment no later than 31 March of the year concerned. The amount of this commitment shall be determined in accordance with the financial table detailing the provisional yearly allocations in the joint operational programme, and shall also depend on the programme's progress and the availability of funds. The Commission shall inform the Joint Managing Authority of the exact date on which the annual commitment is made.
Article 25
Common rules for payments
Article 26
Pre-financing
From the second year of the joint operational programme, requests for pre-financing shall be accompanied by the provisional annual financial report covering all expenditure and revenue from the previous year not yet certified in the annual external audit report, and by the provisional budget detailing the Joint Managing Authority's commitments and payments for the following year.
After reviewing this report, assessing actual financing needs for the programme and verifying the availability of funds, the Commission shall proceed with the payment of all or part of the requested pre-financing.
In support of its request, the Joint Managing Authority shall submit an interim financial report showing that the expenditure actually incurred or likely to be incurred before the end of the year exceeds the amount of pre-financing already granted.
Such subsequent transfers shall constitute additional pre-financing in so far as they are not certified by an external audit report.
On the basis of the results of this clearance, the Commission may proceed with the necessary financial adjustments.
Article 26a
Financial corrections by the Joint Managing Authority
The Joint Managing Authority shall make the financial corrections required in connection with individual irregularities detected in projects or technical assistance. Financial corrections shall consist of cancelling all or part of the Union contribution to a project or to technical assistance. The Joint Managing Authority shall take into account the nature and gravity of the irregularities and the financial loss and shall apply a proportionate financial correction. The criteria for establishing the level of financial correction to be applied and the criteria for applying flat rates or extrapolated financial correction may be those adopted in accordance with Regulation (EU) No 1303/2013 ( 4 ), in particular Article 144, as well as those contained in the Commission Decision of 19 December 2013 ( 5 ). Financial corrections shall be recorded in the annual accounts by the Joint Managing Authority for the accounting year in which the cancellation is decided.
Article 27
Recovery
Where ineligible expenditure already covered by a payment is identified on receipt of the final report for a contract or following a control or an audit, the Joint Managing Authority shall make out recovery orders to the beneficiaries or contractors concerned.
SECTION 3
Reports
Article 28
Annual reports of the Joint Managing Authority
Each annual report shall contain:
a technical part describing:
a financial part giving, in euro, for each priority:
a declaration signed by the representative of the Joint Managing Authority giving an assurance that the management and control systems set up by the programme in the course of the previous year continue to comply with the model approved by the Commission and that they have operated in such a way as to warrant a reasonable degree of confidence in the correctness of the financial report and in the legality and regularity of the transactions to which it relates.
Article 29
Annual report of the internal audit service
Article 30
Annual report on implementation of the audit plan for the projects
Article 31
External audit report
Article 32
The final report on implementation of the joint operational programme shall contain mutatis mutandis the same elements as the annual reports, including their annexes for the entire duration of the programme. It shall be submitted by 30 June 2017 at the latest for the programmes that have proceeded with the extension of the implementation phase from 31 December 2014 to 31 December 2015, and by 30 June 2016 at the latest for the programmes with implementation phase ending on 31 December 2014.
SECTION 4
Eligible expenditure of the joint operational programme
Article 33
Eligible costs at joint operational programme level
To be considered eligible as technical assistance costs, costs relating to the implementation of the joint operational programme by the Joint Managing Authority must:
be necessary for implementing the programme in compliance with the criteria defined by the programme and by the Joint Monitoring Committee and comply with the principles of sound financial management, in particular value for money and cost-effectiveness;
be recorded in the accounts of the programme, be identifiable, verifiable and backed by original supporting documents;
have been incurred in compliance with the relevant procurement procedures.
Subject to paragraphs 1 and 2, the following costs shall be eligible:
the cost of staff assigned to the programme, corresponding to actual salaries plus social security charges and other remuneration-related costs. Salaries and costs must not exceed those normally borne by the structures hosting the Joint Managing Authority or the Joint Technical Secretariat, unless it is justified by showing that this is essential to carrying out the joint operational programme;
travel and subsistence costs for staff and other persons taking part in the joint operational programme, provided they do not exceed those normally borne by the authorities appointed to manage the programme. Any flat-rate reimbursement of the subsistence costs must not exceed the rates of the scales published by the European Commission at the time of the adoption of the joint operational programme;
purchase or rental costs for equipment and supplies (new or used) specifically for the purposes of the Joint Managing Authority or the Joint Technical Secretariat for implementation of the joint operational programme and costs of services, provided they correspond to market rates;
the cost of consumables;
indirect costs to cover administrative overheads;
the subcontracting expenditure;
costs deriving directly from requirements imposed by this Regulation and the programme (for example, information and visibility operations, evaluations, external audits, translations etc.) including financial service costs (in particular the cost of bank transfers).
Article 34
Non-eligible costs at joint operational programme level
The following costs relating to the implementation of the joint operational programme by the Joint Managing Authority shall not be considered eligible as technical assistance costs:
debts and provisions for losses or debts;
interest owed;
items already financed in another framework;
purchases of land or buildings;
exchange-rate losses;
taxes, including VAT, unless the Joint Managing Authority cannot reclaim them and the applicable regulations authorise coverage of taxes;
loans to third parties;
fines.
Article 35
Contributions in kind at the joint operational programme level
Any contributions in kind from the participating countries, or any other source, shall be listed separately in the budget of the joint operational programme and shall not be eligible.
They may not be considered part of the minimum 10 % co-financing requirement for the participating countries referred to in Article 20, with the exception of the initial in-kind contribution by the Joint Managing Authority referred to in Article 19(3) of this Regulation.
The cost of staff assigned by participating countries to technical assistance for the programme shall not be considered a contribution in kind and cannot be considered as co-financing in the budget of the programme.
Article 36
Eligible costs at projects level
SECTION 5
Control
Article 37
Annual audit plan for projects
Article 38
Community control
The Commission, OLAF, the European Court of Auditors and any external auditor authorised by these institutions may verify, by examining the documents or conducting on-the-spot checks, the use of Community funds by the Joint Managing Authority and the various project beneficiaries and partners.
These checks may take the form of a full audit on the basis of the supporting documents for the accounts, accounting documents and any other document relevant to the financing of the joint operational programme (including, for the Joint Managing Authority, all documents related to the selection procedures and to contracts) and of the project.
Article 39
National control system
Member States may set up a control system making it possible to verify the soundness of the expenditure declared for operations or parts of operations implemented on their territories, and the compliance of such expenditure and of related operations, or parts of those operations, with Community rules and their national rules.
CHAPTER V
PROJECTS FINANCED BY THE JOINT OPERATIONAL PROGRAMMES
Article 40
Bodies participating in projects under the joint operational programmes
In cases where the projects’ objectives cannot be achieved without the participation of partners established in regions other than those defined in the first subparagraph, participation of these other partners can be accepted.
Article 41
Nature of projects
The nature of these projects may be of three kinds:
integrated projects, where each partner carries out a part of the activities of the joint project on its own territory;
symmetrical projects, where similar activities are carried out in parallel in Member States and in partner countries;
projects implemented mainly or entirely in a Member State or a partner country but for the benefit of all or some of the partners involved in the joint operational programme.
Projects shall take place in regions defined in Article 4(a) and (b) of this Regulation.
In exceptional cases, if necessary for achieving projects’ objectives, projects can take place partially in regions other than those defined in the second paragraph.
Article 42
Information and visibility of the joint operational programme
CHAPTER VI
CLOSURE OF JOINT OPERATIONAL PROGRAMMES
Article 43
Duration of the joint operational programmes
This period of execution shall comprise the following phases:
an implementation phase for the joint operational programme with a maximum duration of seven years ending at 31 December 2013 at the latest. No call for tenders or call for proposals may be launched and no contract may be signed after this date, with the exception of audit and evaluation contracts;
an implementation phase for projects financed by the joint operational programme starting at the same time as the implementation phase for the programme and ending on 31 December 2015 at the latest. All activities of projects financed by the programme shall end by that date at the latest;
a financial closure phase for the joint operational programme including the financial closure of all contracts concluded as part of the programme, the ex post evaluation of the programme, the submission of the final report, and the final payment or final recovery by the Commission. This phase shall end at the latest 36 months after the submission of the final report.
Article 44
Early termination of the programme
If partner countries do not sign the financing agreement or the Commission decides to terminate the joint operational programme before the normal expiry date of the programme, the following procedure shall apply:
for the European Neighbourhood and Partnership Instrument allocations for cross-border cooperation from heading 1B of the Financial Perspective (Interinstitutional Agreement 2006/C 139/01), the amounts earmarked for future annual commitments of the joint operational programme concerned shall be used within the framework of the European Regional Development Fund (ERDF) in accordance with the procedures referred to in Article 9(10) of Regulation (EC) No 1638/2006;
for the European Neighbourhood and Partnership Instrument allocations for cross-border cooperation from heading 4 of the Financial Perspectives (Interinstitutional Agreement 2006/C 139/01), the amounts earmarked for future annual commitments of the joint operational programme concerned shall be used to finance other programmes or projects eligible under Regulation (EC) No 1638/2006.
Article 45
Keeping of documents
The Joint Managing Authority and the various project beneficiaries and partners shall, for seven years from the date of payment of the balance for the programme or for a project, keep all documents related to the joint operational programme or a project, in particular the reports and supporting documents as well as accounts, accounting documents and any other document relating to the financing of the joint operational programme (including, for the Joint Managing Authority, all documents relating to the selection and to contracts) and of the project.
Article 46
Closure of the programme
A joint operational programme shall be considered closed after:
all the contracts concluded under the programme have been closed;
the final balance has been paid or reimbursed;
remaining appropriations have been decommitted by the Commission.
Where the Joint Managing Authority has not been able to declare to the Commission final amounts because of:
projects suspended by a legal proceeding or by an administrative appeal having suspensory effect; or
reasons of force majeure seriously affecting the implementation of all or part of the programme;
the ending date of the execution period as set in paragraph 1 of Article 43 shall not apply to part of the programme concerned by points (a) or (b) of this paragraph.
CHAPTER VII
FINAL PROVISIONS
Article 47
Entry into force
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
( 1 ) Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management, OJ C 139, 14.6.2006, p. 1.
( 2 ) OJ L 248, 16.9.2002, p. 1.
( 3 ) OJ L 357, 31.12.2002, p. 1.
( 4 ) Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).
( 5 ) Commission Decision of 19 December 2013 on the setting out and approval of the guidelines for determining financial corrections to be made by the Commission to expenditure financed by the Union under shared management for non-compliance with the rules on public procurement (C(2013) 9527).