The Subsidy Contractand Partnership Agreement

Most relevant EU RegulationsThe provision of the contract to be concluded by

the LP and the PPs is based on the following legal framework and guidelines:

Council Regulations Commission Regulations Directive 2004/18/EC Community rules regarding horizonal policiesEuropean Territorial Cooperation Operational

Programme SOUTH-EAST EUROPE 2007- 2013 and its Implementation and Control & Audit Guidelines

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National rulesNational rules vary from country to country

and between states. project partners must be familiar with the

national and state rules relevant to the projectThe most important national rules: tax and

accounting related legislation, public procurement, VAT, etc.

Where national standards are more demanding / stricter than Community rules, the stronger standards must be applied.

Meeting with national rules and regulations will be checked by the national controller (NC) in the reporting process

Contractual backgroundContractual background governing the

Project’s implementation is based on the above described legal regulatory background, and consists of two separate contracts and pertaining annexes:

The Subsidy Contract (SCT)The Partnership AgreementHowever both contracts and annexes thereto

are applicable to all PPs

Actual Status of contracts Partnership Agreement: signed in the application phase10 copies need to be prepared and signed / stamped

Subsidy ContractAll necessary documents were submitted by 30 JuneSignature process is planned to be finished by 31

JulyEligibility of expenses in not linked to SC (MC

meeting: 15 March)

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I. Subsidy ContractThe Subsidy Contract is the primary source of

contractual obligations for the LP as well as the PPs.

The Subsidy Contract is concluded by and between the MA (National Development AgencyAuthority for International Cooperation Programmes acting as the Managing Authority of the SOUTH-EAST EUROPE Programme) and the LP (Municipality of Budapest 21th District, CSEPEL)

I. Subsidy ContractAlthough no PPs have signed the Subsidy

contract themselves,obligations and liabilities arising from it on the side of LP will be transposed onto the PPs to a fair and reasonable extent, necessary to ensure the due implementation of the project

Since the Partnership Agreement itself is made an inseparable part of the Subsidy Contract this latter is a directly binding contract for the PPs

I. Subsidy ContractThe approved application form and the signed PA

are integral part of the Subsidy Contract.The following documents were/are used for the

contractive procedure and can be downloaded from the Programme website: www.southeast-europe.netSEE Implementation ManualAnnex 1: Statement on project bank account:

separate bank account      single bank account

Annex 2 Request for project modification Annex 3 SEE Programme Visual Identity Guidelines

(includes specifications for the beneficiaries)8

I. SC: Management guidesNotwithstanding any other Annexes to the Partnership

Agreement the PPs should give special attention to - the Project Management Guide and - the Financial Handbook issued by the LP.

These documents will help the PPs to comply with their contractual obligations. (On many occasions the Partnership Agreement will only make a short reference to the Project Management Guide and the Financial Handbook instead of giving a detailed description of the Parties obligations. It is important therefore that the PPs become familiar with their provisions).

II. The Partnership Agreement Transposition of duties and liabilities from the LP

to the PPs is made by means of the Partnership Agreement to be concluded by and between the LP and the PPs.

The Partnership Agreement is strongly based on- the aforesaid legal framework- the Subsidy Contact- the Model Agreement as provided for by the EU document library but specially adapted to the needs and characteristics of every and each one of the PPs.

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II. Partnership AgreementThe Partnership Agreements has two very

distinct parts:- One that reflects the directly binding provisions of the EU regulations is imposed to the PPs by the LP with very little or no possibility for individual modifications (these provisions ensure that for each PP the implementation of the Project will remain in line with the EU’s aims and standards, and any money allocated under the Project will be spent on eligible expenditures with respect to the Project Budget).

II. Partnership AgreementThe other part of the Partnership Agreement

focuses on the individual features of the PPs and allows the Partnership Agreement the degree of reasonable flexibility elaborated on a case-to-case basis based on the PPs feedback.

II. Key issues covered by the PA Public procurement: national controller (NC) will be

responsible to ensure compliance with community, national and state rules

Documentation requirements: storing obligation at least until 31 December 2022 (all important information, documents, financial documents)

Recovery of funds due to irregularities: In cases of expenditure unduly paid out to beneficiaries, these funds must be recovered by the Programme bodies according to one of the following two options:-For operations still running, the amounts must be deducted from the next payment claim due;-For already closed operations, a recovery procedure towards the Lead Partner must be launched.

II. Key issues covered by the PAIn case the irregularity refers to a project

partner, it will be up to the concerned partner to repay the Lead Partner any amounts unduly paid in accordance with the agreement existing between them. The rate of the late interest applied to the amount to be recovered will be calculated in accordance with Article 102(2) of the General Regulation.