EU DG REGIO Coord Fin Presentation Final

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EU Commission - EU funded projects closure procedure

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    Cohesion

    Fund

    CLOSURE OF COHESION FUND

    PROJECTS

    2000-2006

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    Cohesion

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    1. What does closure mean?

    2. Closure general principles

    3. When does closure start?

    4. Documents to be submitted5. Content of the closure documents

    6. Uncompleted projects

    7. Projects suspended due to administrative

    and legal proceedings

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    What does

    closure

    mean?

    1. What does closure mean?

    Closure is the process that allows:

    1) To state that the project as implemented on

    the ground corresponds to the CF decision;

    2) To state that expenditure is legal andregular;

    3) To pay the balance of the outstanding CF

    commitment.

    After closure, the Commission can makecontrols

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    2. Closure general principles

    Apply to CF and ex ISPA projects firstadopted after 1/1/2000

    Guidelines on CF closure adopted by COM

    in April 2008 (SEC(2008)415) Final date of eligibility of expenditure: in

    Article 2(3) of decisions

    Final date of eligibility cannot go beyond

    31/12/2010, except administrative or legalproceedings having suspensory effects,force majeure, errors of the Commission.

    Closure

    general

    principles

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    When does it

    start?

    3.When does closure start?

    For the MS: After the final date of eligibility of

    expenditure

    For the Commission: After reception of the

    closure documents

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    4. Documents to be submitted

    Final payment application with certificate of

    statement of expenditure

    Final report

    Winding up declaration with winding up

    report

    Closure

    documents

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    Timetable for submission of closuredocuments

    Final payment application and final report:

    within 6 months of final date of eligibility

    Winding up declaration: no regulatoryrequirement, but advisable to follow the

    same rule

    Date to take into account = sending date

    (postal stamp)

    Timetable

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    Late submission of one or more documents

    If document(s) not received within the

    deadline, warning letter is sent to MS

    If document(s) not received after 2 months:

    possibility to start Article H (financialcorrections) on a case-by-case basis

    Failure to present the final report within 18

    months of final date of eligibility: remaining

    balance and any outstanding commitmentwill be cancelled

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    5. Content of closure documents

    5.1.Application for payment & certifiedstatement of final expenditure

    Format set out in Annex II to Reg. 1386/2002

    Confirmation by the PA that expenditure has

    been actually effected; that it relates to works

    eligible under the CF decision; that it is justified

    by progress on the ground

    Recoveries must be deducted (before closure,

    recovered amounts can be re-allocated to theproject)

    These docs cannot be modified after the

    deadline for submission, unless EC asks

    Content of

    closure

    documents

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    Set out in Article F(4) Annex II Reg.1164/94:

    Description of the work carried out,

    Information on publicity measures,

    Certification that the work conforms to thedecision,

    Assessment that the anticipated results areachieved (actual starting date, managementwhen finished, confirmation of financialforecast, indication of environmentmeasures)

    Content of

    closure

    documents

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    5.3. Content of the winding up declaration

    and report

    Format: Annex III to Regulation 1386/2002

    Content: opinion of a body independent from theMA and the PA confirming the validity of final

    payment application & regularity of expenditure +

    summary of checks done in previous years

    Content of

    closure

    documents

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    Keep in mind: If all information required is not included in

    the final report or the winding up

    declaration, COM will request their

    completion with a time limit for compliance Failure to comply : closure is started with

    info available orif no other solution is

    found: financial corrections (Article H) are

    triggered

    Content of

    closure

    documents

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    6. Uncompleted projects at the time ofclosure (1)

    CF assistance cannot be granted for

    uncompleted projects. In these cases, onlynational resources can be used to achieve

    project.

    Guidelines on non-completed projects were

    issued in 2003

    Uncompleted

    projects

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    Uncompleted

    projects

    Uncompleted projects (2)

    Works have to be completed within 12 monthsafter the deadline included in the decision

    When final report is submitted, 3 cases may

    happen:

    1) The part achieved is functional and whole projectwill be completed within the 12 months: payment

    is made based on request received

    2) The part achieved is functional but project is not

    completed within 12 m: balance is cancelled and

    COM will consider if Article H applies3) The part achieved is not functional: Article H

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    7. Projects suspended due to administrative and

    legal proceedings Concern proceedings or appeal provided for by

    national law, and infringements initiated by EC

    The MS must draw operational conclusions andpropose solutions before final eligibility date

    (modifying decision possible) MS must inform Commission on proceedings

    If modifying decision not possible: COM will decideaccordingly: for ex. closure with proportionalpayment for the part completed, reduction or

    cancellation of assistance (Article H)

    Projects

    suspended

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    Thanks for your attention