2004年3月29日的欧洲议会办公署决定,制定有关欧洲级别政党管理条例及其基金规则的欧洲议会和理事会条例的实施程序

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:32008D1003(01)

OJ编号:OJ C 252, 3.10.2008, p. 1-43

中文标题:2004年3月29日的欧洲议会办公署决定,制定有关欧洲级别政党管理条例及其基金规则的欧洲议会和理事会条例的实施程序

原文标题:Decision of the Bureau of the European Parliament of 29 March 2004 laying down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the regulations governing political parties at European level and the rules regarding their funding

分类:01.40_管理机构的条款

文件类型:二级立法 Decision|决定

生效日期:2004-03-29

废止日期:2058-12-31

法规全文:查看欧盟官方文件

EUR-Lex - 32008D1003(01) - EN
| EUROPA > EUR-Lex > ID celex

32008D1003(01)


Title and reference

Decision of the Bureau of the European Parliament of 29 March 2004 laying down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the regulations governing political parties at European level and the rules regarding their funding

OJ C 252, 3.10.2008, p. 1‘�3 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

BG CS DA DE EL EN ES ET FI FR HU IT LT LV MT NL PL PT RO SK SL SV

Text

BG ES CS DA DE ET EL EN FR GA IT LV LT HU MT NL PL PT RO SK SL FI SV
html html html html html html html html html html html html html html html html html
pdf pdf pdf pdf pdf pdf pdf pdf pdf pdf pdf pdf pdf pdf pdf pdf pdf
tiff tiff tiff tiff tiff tiff tiff tiff tiff tiff tiff tiff tiff tiff tiff tiff tiff tiff tiff tiff tiff tiff tiff

Dates

    of document: 29/03/2004
    of effect: 29/03/2004; Entry into force Date of document See Art 16
    end of validity: 99/99/9999

Classifications

Miscellaneous information

  • Author:
    European Parliament
  • Form:
    Decision sui generis

Relationship between documents

Text

Bilingual display: CS EL EN ES ET FR HU IT LT LV NL PL PT RO SK SL SV

Decision of the Bureau of the European Parliament

of 29 March 2004

laying down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the regulations governing political parties at European level and the rules regarding their funding

(2008/C 252/01)

THE BUREAU,

Having regard to the Treaty establishing the European Community, and in particular Article 191 thereof,

Having regard to Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding [1], and in particular Article 9(1) thereof,

Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities [2] (hereinafter the Financial Regulation), Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities [3] (hereinafter the regulation laying down detailed implementing rules),

Having regard to Rule 22(10) of Parliament‘檚 Rules of Procedure,

Whereas:

(1) There is a need to lay down the procedures for awarding and managing grants intended to contribute to the funding of political parties at European level and political foundations at European level;

(2) Financial support for political parties at European level and for political foundations at European level constitute an operating grant within the meaning of Article 108 et seq. of the Financial Regulation,

(3) Financial support for political foundations at European level is accessory to financial support for political parties at European level, as it is conditioned on the former‘檚 affiliation to a political party at European level and on the former‘檚 complementary role in achieving the long-term objectives of the latter. For reasons of sound financial management and transparency, each award of financial support shall be the subject of an individual grant agreement,

HAS DECIDED AS FOLLOWS:

Article 1

Subject-matter

These rules lay down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding.

Unless explicitly stated otherwise, these rules apply both to political parties at European level, hereinafter "parties", and to political foundations at European level, hereinafter "foundations".

Article 1a

For the funding of parties and foundations, the Bureau shall adopt at the beginning of every parliamentary term an indicative multiannual financial framework, based on reference values for the basic amount per party and for the additional amount linked to the number of MEPs being a member of the party concerned. This framework will constitute the prime reference for the budgetary authority of the European Parliament during the annual budgetary procedure, without affecting the powers of the budgetary authority as defined by the Treaty.

Article 2

Call for proposals

The European Parliament shall publish each year, before the end of the first half of the year, a call for proposals with a view to the awarding of grants to fund parties and foundations. The published document shall set out the eligibility criteria, the arrangements for the provision of Community funding and the proposed timetable for the award procedure.

Article 3

Funding application

1. For the purposes of implementing Article 4 of Regulation (EC) No 2004/2003, any organisation wishing to receive a grant from the general budget of the European Union shall submit a written application to the President of the European Parliament prior to the 1 November preceding the financial year in respect of which the grant is being requested. The conditions laid down in Article 3 of Regulation (EC) No 2004/2003 must be met on the date when the application is submitted and be maintained throughout the entire funding period.

2. The grant application form is annexed to these rules (Annex 1). It is available on Parliament‘檚 Internet site.

3. All notifications pursuant to Article 4(3) of Regulation (EC) No 2004/2003 shall be forwarded to the President of the European Parliament.

Article 4

Decision on the funding application

1. On a proposal from the Secretary-General, the Bureau shall assess funding applications on the basis of the criteria laid down in Articles 3 and 4 of Regulation (EC) No 2004/2003 with a view to determining which applications are eligible for funding. The Bureau and, when the Bureau decision is being prepared, the Secretary-General may ask an applicant to submit further supporting documents or to clarify the supporting documents attached to the application, by a deadline which they shall lay down.

2. Before 1 February of the financial year in respect of which the grant is being requested, the Bureau shall draw up the list of beneficiaries and the amounts of the grants awarded. Should a grant application not be approved, the Bureau shall set out in the same decision the grounds for rejecting the application, in particular in the light of the criteria laid down in Articles 3 and 4 of Regulation (EC) No 2004/2003.

The Bureau decision shall be adopted on the basis of the assessment provided for in paragraph 1. It shall take account of any changes which have occurred in an applicant‘檚 situation following submission of the application, on the basis of notifications received pursuant to Article 4(3) of Regulation (EC) No 2004/2003 and changes which are common knowledge.

Pursuant to Article 10(1)(b) of Regulation (EC) No 2004/2003, the grant amount to be awarded to each party shall be determined on the basis of the number of MEPs being a member of the applicant party on the final date for submission of applications, except where the number of MEPs increases following the accession of new Member States.

When, due to a change in the number of organisations applying for funding or the number of MEPs having joined an applicant party, the reference amounts for the applicants are significantly different from those which could be expected under Article 1a, the Secretary-General shall immediately inform the Bureau, which may invite the President to submit a proposal to the competent committee with a view to adapting the available appropriations.

3. The President shall inform applicants in writing of the action taken on their applications. In cases where an application has been approved, the notification shall incorporate, as an annex, the draft grant agreement to be signed by the beneficiary. In cases where an application has not been approved, the notification shall include the grounds for rejection set out by the Bureau. Applicants whose applications have been rejected by the Bureau shall be informed of that fact within 15 calendar days following notification to beneficiaries of the decision to award a grant.

Article 5

Grant agreement

A grant awarded to a beneficiary shall be the subject of a written agreement between the European Parliament, represented by the President or his or her delegate, and the beneficiary. A copy of the draft grant agreement is annexed to these rules (Annex 2). The agreement must be duly completed and signed by the two parties to the agreement within 30 days following the Bureau decision referred to in Article 4. The wording of the grant agreement shall not be thereafter amended.

Article 6

Payment

1. Unless the Bureau decides otherwise, grants shall be paid to beneficiaries in the form of pre-financing in one instalment of 80 % of the maximum amount of the grant within 15 days following the date when the last of the two parties to the agreement signs the agreement.

2. The balance shall be paid once the period of eligibility for Community funding has come to an end, on the basis of the expenditure actually incurred by the beneficiary in implementing the programme of activities. If the total amount of the preceding payments exceeds the figure determined for the final grant, the European Parliament shall recover the sums unduly paid.

3. By 15 May and at the latest by 30 June following the end of the financial year, the beneficiary shall submit the following documents with a view to enabling Parliament to pay the balance of the grant:

- a final report on the implementation of the programme of activities,

- a final financial statement of the eligible expenditure actually incurred, based on the structure of the provisional budget,

- a comprehensive summary of revenue and expenditure corresponding to the beneficiary‘檚 accounts for the period of eligibility covered by the grant agreement, specifying, where parties are concerned, the amount of the surplus carried over by the party to the next financial year and the amount to be provided for the financial reserve,

- a report on an external audit of the beneficiary‘檚 accounts carried out by an independent body or expert authorised under national law to audit accounts.

4. The purpose of the external audit shall be to certify that:

- financial statements have been prepared in accordance with the national legislation applicable to the beneficiary, are free of material misstatement and show a true and fair view of the financial position and the operating results,

- the financial documents submitted by the beneficiary to Parliament are consistent with the financial provisions of the grant agreement,

- the expenditure declared was actually incurred,

- the statement of revenue is exhaustive,

- the obligations arising out of Articles 6, 7, 8 and 10(2) of Regulation (EC) No 2004/2003 have been met,

- where grants to parties are concerned, any surplus carried over to the next financial year has been used in the first quarter of the financial year, pursuant to Article 6a,

- where grants to parties are concerned, the obligations arising out of Article 109(4) of the Financial Regulation have been met.

If the beneficiary has submitted the report on an external audit from the same independent body or from the same expert for five consecutive financial years, it shall submit the subsequent report from a different independent body or from a different expert.

5. Upon receipt of the documents referred to in paragraph 3, and within two months, the Bureau, acting on a proposal from the Secretary-General, shall approve the final report on the implementation of the programme of activities and the final financial statement.

The Bureau and, when the Bureau decision is being prepared, the Secretary-General may ask the beneficiary to supply supporting documents or any further information it regards as necessary to enable it to approve the final report and the final financial statement. The beneficiary shall have 15 days in which to submit the supporting documents concerned.

After hearing the representatives of the beneficiary concerned, the Bureau may reject the final report and the final financial statement and call for the submission of a fresh report and a fresh financial statement. The beneficiary shall have 15 days in which to submit a fresh report and a fresh financial statement.

Should Parliament not respond in writing within the two-month period referred to above, the final report and the final financial statement shall be deemed to have been approved.

6. The beneficiary shall notify Parliament of the amount of interest or equivalent benefits generated by the pre-financing received from Parliament. The notification must be forwarded with the application for payment of the balance which settles the pre-financing procedure. That interest shall be the subject of a recovery order issued by the Secretary-General or his delegate.

Article 6a

Carry-over to the next financial year and reserve account (applicable to parties only)

1. Revenue surplus

The revenue surplus of financial year N that may, under the terms of Article 109(4) of the Financial Regulation, be carried over to the next financial year and entered in a specific reserve is constituted by the difference between the total eligible expenditure and:

(a) the amount of the initial grant awarded by the European Parliament for financial year N, pursuant to Article 4(2); and

(b) the party‘檚 own resources earmarked to cover eligible expenditure, the party having previously covered non-eligible expenditure using own resources only; and

(c) any surplus carried over from financial year N-1.

2. Carry-over to the next financial year

(a) The revenue surplus that may be carried over to financial year N+1 may not exceed 25 % of the total revenue referred to in paragraph 1(a) and (b).

(b) The amount actually carried over shall be entered on the closing balance sheet for financial year N as a "provision to be carried over to financial year N+1 to cover eligible costs to be incurred in the first quarter of N+1". The allocation to that provision shall constitute an eligible cost coming under financial year N.

(c) The provision in question shall be recorded in the profit and loss account for financial year N+1. An interim settlement of account to be made on 31 March of year N+1 shall determine the eligible expenditure actually incurred as at that date. If the provision is greater than that expenditure, the difference between the two amounts shall be deducted from the grant when the final grant for year N is laid down in accordance with Article 7.

3. Specific reserve account

(a) The closing balance sheet liabilities may include a specific reserve account to which the sole funds credited shall be the revenue surplus referred to in paragraph 1.

(b) The revenue surplus assignable to the specific reserve account may not exceed the difference between the revenue referred to in paragraph 1(b) and the minimum notional portion (15 %) of own resources necessary to cover eligible expenditure actually incurred or included in the provision to be carried over to financial year N+1.

(c) The specific reserve account may not be credited with any sum bringing its total amount above the reference amount provided for in the third subparagraph of Article 109(4) of the Financial Regulation, defined as the arithmetic mean of the total revenue of the last three financial years.

Article 7

Determining the final grant

1. Irrespective of the information obtained subsequently in connection with the checks and audits, after hearing the representatives of the beneficiary making the request to be heard, the Bureau shall determine the amount of the final grant to be awarded to the beneficiary on the basis of the documents referred to in Article 6(3) which it has approved.

2. Under no circumstances may the total amount paid to the beneficiary by Parliament exceed:

- the maximum amount of the grant laid down in Article I.3.2 of the grant award agreement,

- 85 % of the eligible expenditure actually incurred.

3. The grant shall be limited to the amount needed to balance revenue and eligible expenditure in the operating budget of the beneficiary which implemented the programme of activities and under no circumstances shall it produce a profit for the beneficiary, after application of Article 109(4) of the Financial Regulation and Article 6a of these rules. Any surplus shall give rise to a corresponding reduction in the amount of the grant.

4. On the basis of the amount of the final grant determined in this way and the cumulative amount of the payments previously made under the grant agreement, the Bureau shall lay down the amount of the balance to be paid, which shall be equal to the amounts still due to the beneficiary. If the cumulative amount of the payments previously made exceeds the amount of the final grant, the Secretary-General or his delegate shall issue a recovery order in respect of the excess amount.

Article 8

Suspension and reduction of the grant

On a proposal from the Secretary-General, the Bureau shall suspend payments and reduce the grant, and, if appropriate, shall terminate the grant agreement, and may request appropriate repayment:

(a) in the event of the grant being used to cover expenditure not authorised by Regulation (EC) No 2004/2003;

(b) in the event of failure to provide the notification laid down in Article 4(3) of Regulation (EC) No 2004/2003;

(c) in the event of failure to meet the conditions and obligations laid down in Articles 3 and 6 respectively of Regulation (EC) No 2004/2003;

(d) should one of the circumstances described in Article 93 or 94 of the Financial Regulation arise.

Before taking a decision, the Bureau shall give the beneficiary the chance to comment on the irregularities established.

Article 9

Recovery

1. If amounts have been unduly paid to the beneficiary or if a recovery procedure is justified under the terms of the grant agreement, the beneficiary shall repay the amounts concerned to Parliament, in accordance with the terms and by the deadline laid down by Parliament.

2. Should the beneficiary fail to make the repayment by the deadline laid down by Parliament, the latter shall charge on the sums due late-payment interest at the rate laid down in Article II.14.3 of the grant agreement. The late-payment interest shall cover the period between the deadline laid down for repayment, exclusive, and the date on which Parliament receives full repayment of the sums due, inclusive.

Article 10

Checks and audits

1. The regular verification pursuant to Article 5(1) of Regulation (EC) No 2004/2003 shall be carried out by the Secretary-General.

2. The beneficiary shall supply all the detailed information requested to Parliament, or to any other external body authorised by Parliament, so that the latter can verify the proper implementation of the programme of activities and the provisions of the grant agreement.

3. The beneficiary shall keep at Parliament‘檚 disposal all the original documents, in particular accounting, bank and tax documents, or, in duly substantiated exceptional cases, certified true copies of the original documents, relating to the grant agreement for a period of five years from the date on which the balance of the amounts due, as referred to in Article I.4 of the grant agreement, is paid.

4. The beneficiary shall facilitate the performance by Parliament, either directly by Parliament staff or by any other external body Parliament has authorised to that effect, of an audit of the way the grant has been used. Such audits may be carried out throughout the lifetime of the grant agreement, up to the date on which the balance is paid, and for a period of five years as from the date on which the balance is paid. If appropriate, the audit findings may give rise to recovery decisions by the Bureau.

5. Each grant agreement shall expressly provide for auditing by the European Parliament and the Court of Auditors, on the basis of records and on the spot, of the beneficiary which has received a grant from the general budget of the European Union.

6. Pursuant to Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) [4], OLAF may also carry out checks and verifications on the spot, in accordance with the procedures laid down by Community law with a view to protecting the financial interests of the European Communities against fraud and other irregularities. If appropriate, the findings may give rise to recovery decisions by the Bureau.

Article 11

Technical assistance

1. On a proposal from the Secretary-General, the Bureau may grant parties technical assistance, in accordance with the Bureau decision of 14 March 2000 governing the use of Parliament‘檚 premises by outside bodies, as amended by the decision of 2 June 2003, and any other form of technical assistance provided for by subsequent rules. The Bureau may delegate to the Secretary-General the power to take certain types of decisions concerning the granting of technical assistance.

2. Each year, within three months following the end of the financial year, the Secretary-General shall submit to the Bureau a report setting out details of the technical assistance provided by Parliament to each party. The report shall then be published on Parliament‘檚 Internet site.

Article 11a

Rules for election campaigns

In good time before the 2009 elections to the European Parliament, the Bureau may adopt rules on the eligibility of parties‘�expenses in connection with campaigns conducted by parties in the context of the elections to the European Parliament.

Article 12

Publicity

1. The European Parliament shall publish on its Internet site at least the information referred to in Article 9a of Regulation (EC) No 2004/2003 and in Article 169 of Regulation (EC) No 2342/2002 during the first six months of the following financial year.

2. The beneficiary shall publish at least the information detailed in Article 6(1) of the Regulation (EC) No 2004/2003 by 30 September following the financial year in respect of which the grant has been awarded on its Internet site, or where there is no such site, in an appropriate media.

Article 13

Right of appeal

Decisions taken pursuant to these rules may be the subject of an appeal to the Court of Justice of the European Communities or the Court of First Instance of the European Communities, in accordance with the conditions laid down by the Treaty.

Article 14

Transitional rules for the financial year 2008

1. The European Parliament will communicate to the parties concerned, as soon as possible after adoption of the modifications to these rules on 18 February 2008, the information in respect of affiliated foundations referred to in Article 2.

2. Where a party submits, on the basis of the modifications introduced by the amendment of Regulation (EC) No 2004/2003 or by the present rules, a supplementary application, within the meaning of Article 2 of Regulation (EC) No 1524/2007:

(a) for its own funding: the Authorising Officer by delegation is delegated to sign the corresponding amending grant agreement without a further Bureau decision;

(b) for funding of a foundation: the dates of 1 November and 1 February, laid down in Article 3(1) and Article 4(2), are replaced by 28 March and 28 June.

Article 15

Revision of the rules

Before 30 September 2010 the Secretary-General of Parliament shall submit to the Bureau a report on the implementation of these rules. If appropriate, that report shall set out any proposed changes to be made to these rules and to the arrangements for funding European political parties as laid down by Regulation (EC) No 2004/2003.

Article 16

Entry into force

These rules shall enter into force on the day of their adoption by the Bureau. They will be published in the Official Journal of the European Union and on the website of the European Parliament.

[1] OJ L 297, 15.11.2003, p. 1.

[2] OJ L 248, 16.9.2002, p. 1.

[3] OJ L 357, 31.12.2002, p. 1.

[4] OJ L 136, 31.5.1999, p. 1.

--------------------------------------------------

ANNEX 1

FUNDING OF POLITICAL PARTIES AT EUROPEAN LEVEL

FUNDING OF POLITICAL FOUNDATIONS AT EUROPEAN LEVEL

GRANT APPLICATION FORM

FOR 200_

NB: Each organisation must submit a separate application (the application of a party and a foundation can not be consolidated into a joint application).

+++++ TIFF +++++

COMPOSITION OF FILE

The following table is intended to help you prepare your application file. We advise you, further, to use this table as a checklist to make sure that you have included all the requisite documents.

Documents to be supplied on paper

Parties

Foundations

1

Original covering letter indicating the grant amount requested

1

1

2

Application form duly completed and signed (including the written solemn declaration)

1

1

3a

Statutes of the applicant (1)

1

1

3b

Official certificate of registration (1)

1

1

3c

Recent proof of existence of the applicant

1

1

3d

List of the directors/members of the Management Board (name, forename, citizenship, title or function within the applicant) (1)

1

1

4a

Documents certifying that the applicant meets the conditions laid down in Articles 3 paragraph 1(b) of the Regulation (2) (3)

1

N/A

4b

Documents certifying that the applicant meets the conditions laid down in Articles 3 paragraph 1 (d) of the Regulation (1)

1

N/A

5

Programme of the applicant (1)

1

1

6

Comprehensive financial statement for 200_ certified by an external auditing body (4)

1

1

7

Description of programme of activities for 200_

1

1

8

Provisional operating budget indicating expenditure eligible for funding from the Community budget

1

1

(1) Or declaration that there have been no changes to documents already forwarded.

(2) Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 on the regulations governing European political parties at European level and the rules regarding their funding (OJ L 297, 15.11.2003, p. 1).

(3) Including the lists of elected persons referred to in Articles 3(1)(b), first subparagraph, and 10(1)(b).

(4) Unless the applicant was established during the current year.

+++++ TIFF +++++

SECTION I: Administrative information concerning the applicant

1.1. IDENTIFICATION OF THE APPLICANT

Name of the applicant (full legal name):

Short name (where appropriate):

Acronym (where appropriate):

Legal status of the applicant:

Official registration number (or equivalent information):

VAT number:

Name and title (function) of the person authorised to enter into legal commitments on behalf of the applicant:

Name and title (function) of the person responsible for managing the programme of activities listed under Section II 2.1.:

Name and title (function) of the person responsible for the technical aspects:

Address of the applicant:

Street:

No:

Postcode:

Town:

Country:

Tel:

Fax:

E-mail:

Internet site:

+++++ TIFF +++++

1.2. INFORMATION TO BE SUBMITTED WITH THE APPLICATION

(with the signature and stamp of the bank)

HOLDER OF BANK ACCOUNT

NAME:

ADDRESS:

MUNICIPALITY/TOWN:

COUNTRY:

POSTCODE:

VAT NUMBER:

CONTACT:

TELEPHONE:

FAX:

E-MAIL:

BANK

NAME:‘�/p>

ADDRESS:..

MUNICIPALITY/TOWN:

POSTCODE:

BANK ACCOUNT:

IBAN:

BIC / SWIFT:

Comments:

1.3. OTHER COMMUNITY FUNDING

Grant/loan applications or offers of services submitted (or due to be submitted) to European institutions for the financial year in respect of which the grant is being requested:

For each grant, contract or loan please specify:

(repeat as many times as necessary)

The Community programme concerned (if applicable):

Title of the operation:

The Community institution which will take the award decision:

The planned duration of the operation:

The estimated value of the grant, contract or loan:

NB: The applicant is required to inform without delay the European Parliament of any application for funding or any funding approved AFTER submission of this grant application.

+++++ TIFF +++++

SECTION II: Description of the programme of activities

2.1. Description and timetable of the activities of your organisation in respect of which you are applying for a grant

+++++ TIFF +++++

SECTION III: Declarations

1. Declaration (5)

I, the undersigned, certify that:

‘�the applicant organisation is not in one of the situations referred to by Articles 93(1) and 94 of the Financial Regulation of the European Communities (6);

‘�the applicant organisation has the financial and organisational capacity to carry out the programme of activities described on the application form;

‘�the applicant organisation will comply with and subscribe to these basic conditions and will cooperate unreservedly with the European Parliament in connection with supervision of its activities;

‘�the information supplied in this application and its annexes is accurate and no information has been withheld, either in full or in part, from the European Parliament.

Authorised signature:

Title (Mrs, Mr, Prof ‘�, name and forename:

Function in the organisation applying for a grant:

Place/Date:

Signature:

(5) to be filled out by each applicant

(6) Article 93(1): [‘

(a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

(b) they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata;

(c) they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify;

(d) they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country [‘ where the contract is to be performed;

(e) they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities‘�financial interests;

(f) they are currently subject to an administrative penalty referred to in Article 96(1).

Article 94: [‘

(a) are subject to a conflict of interest;

(b) are guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the contract procedure or fail to supply this information.

+++++ TIFF +++++

2. Declaration (7)

We, the undersigned, certify that:

‘�the political foundation at European level is an organisation affiliated as from DD/MM/YYYY to the political party at European level;

‘�the political foundation at European level, through its activities, within the aims and fundamental values pursued by the European Union, underpins and complements the objectives of the political party at European level;

‘�there exists an appropriate degree of separation between the daily management as well as the governing structures of the political foundation at European level, on the one hand, and the political party at European level with which the former is affiliated, on the other hand.

Authorised signature (party):

Title (Mrs, Mr, Prof ‘�, name and forename:

Name of the political party at European level:

Function in the political party at European level:

Place/Date:

Signature:

Authorised signature (foundation):

Title (Mrs, Mr, Prof ‘�, name and forename:

Function in the political foundation at European level:

Place/Date:

Signature:

(7) To be filled out only if applying for a grant to political foundations at European level.

This declaration is provided to prove compliance with Art. 3(2)(a) of the Regulation. It does not render the political party at European level liable in the event of a claim addressed to the political foundation at European level.

+++++ TIFF +++++

--------------------------------------------------

ANNEX 2a

PARTY

DIRECTORATE-GENERAL FOR FINANCE

OPERATING GRANT AGREEMENT

NUMBER: ‘�/p>

The European Parliament, whose Secretariat is situated at

Plateau du Kirchberg, L-2929 Luxembourg,

hereinafter referred to as ‘the European Parliament‘�

represented, in respect of the signing of this agreement,

by ‘�[name/forename/function],

of the one part,

and

[full official name of the beneficiary]

[official legal form]

[legal registration No]

[full official address]

[VAT number],

hereinafter referred to as ‘the Beneficiary‘�

represented, in respect of the signing of this agreement,

by: ‘�

of the other part,

HAVE AGREED

the following Specific Terms and Conditions, General Terms and Conditions and Annexes:

Annex I Beneficiary‘檚 programme of activities

Annex II Beneficiary‘檚 provisional operating budget

which shall form an integral part of this agreement (the agreement).

The provisions of the Specific Terms and Conditions shall take precedence over those of the other parts of the agreement.

The provisions of the General Terms and Conditions shall take precedence over those of the Annexes.

+++++ TIFF +++++

I ‘�SPECIFIC TERMS AND CONDITIONS

ARTICLE I.1 ‘�SUBJECT

I.1.1. Pursuant to Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding (1) and the Bureau decision of 29 March 2004 laying down procedures for implementing the above-mentioned Regulation (2), and in accordance with the Specific Terms and Conditions, the General Terms and Conditions and the Annexes to this agreement, which the Beneficiary declares that it knows and accepts, the European Parliament has decided to award a grant to support the Beneficiary‘檚 annual programme of activities, which corresponds to the pursuance of its activities and objectives as laid down in its statutes, for the financial year YYYY.

I.1.2. The Beneficiary undertakes to do everything in its power to implement its programme of activities as set out in Annex I, acting under its own responsibility. The Beneficiary undertakes, further, in its programme and its actions, to observe the principles on which the European Union is founded, i.e. the principles of freedom, democracy, respect for human rights and fundamental freedoms and the rule of law.

ARTICLE I.2 ‘�DURATION

I.2.1. The agreement shall enter into force on the date on which it is signed by the second of the two parties to it.

I.2.2. The period of eligibility for European Parliament funding to cover expenditure shall run from DD/MM/YY to DD/MM/YY.

ARTICLE I.3 ‘�FUNDING OF THE PROGRAMME OF ACTIVITIES

I.3.1. The total volume of expenditure eligible for European Parliament funding is estimated at EUR [‘, in accordance with the Beneficiary‘檚 provisional operating budget set out in Annex II. That provisional operating budget shall be in balance and give a breakdown of all the Beneficiary‘檚 estimated operating expenditure and revenue for the period in question, with expenditure eligible for European Parliament funding kept separate from expenditure not eligible, in keeping with the definitions of expenditure given in Article II.12.

I.3.2. The European Parliament shall contribute a maximum amount of EUR [‘, equivalent to [‘ % of the total estimated eligible expenditure, as referred to in paragraph 1. The final grant shall be determined in accordance with the provisions of Article II.15, without prejudice to the provisions of Article II.17.

When the final grant is determined, the European Parliament‘檚 contribution shall be limited to the maximum amount of the grant laid down in Article I.3.2, of the agreement and may under no circumstances exceed 85 % of the eligible expenditure actually incurred. The provisional budget referred to in paragraph 1 shall give details of the amounts and sources of other forms of external funding.

I.3.3. By derogation from Article II.11, when implementing the programme of activities the Beneficiary may adjust its provisional budget by means of transfers between categories of eligible expenditure, provided that such adjustment does not affect implementation of the programme of activities and without exceeding the total volume of eligible expenditure indicated in paragraph 1. It shall inform the European Parliament of any such adjustment in writing.

ARTICLE I.4 ‘�PAYMENT ARRANGEMENTS

On the basis of the programme of activities and the provisional schedule of expenditure eligible for the grant, the grant shall be paid in accordance with the following timetable and arrangements:

I.4.1. Pre-financing

A pre-financing payment of EUR [‘, representing 80 % of the amount referred to in Article I.3.2, shall be made to the Beneficiary within 15 days following the date when the last of the parties signs the agreement.

(1) OJ L 297, 15.11.2003, p. 1.

(2) OJ C 155, 12.6.2004, p. 1.

+++++ TIFF +++++

I.4.2. Payment of the balance

The request for payment of the balance shall be submitted by 15 May and at the latest by 30 June of the following financial year and must be accompanied by a final report on the implementation of the programme of activities, a final statement of the eligible expenditure actually incurred, based on the structure of the provisional budget, a comprehensive summary of revenue and expenditure corresponding to the Beneficiary‘檚 accounts for the eligibility period covered by the agreement, specifying the amount of the surplus that the Beneficiary carried over to the next financial year and the amount to be provided for the financial reserve and a report giving details of an external audit of the Beneficiary‘檚 accounts carried out by an independent body or expert authorised under national law to audit accounts. The European Parliament shall have two months in which to approve or reject the activity report or to request any additional supporting documents or information, in accordance with the procedure referred to in Article II.13.2. If appropriate, the Beneficiary shall have a period of 15 days in which to submit additional information or a fresh report.

Within 30 days following approval by the European Parliament of the activity report accompanying the request for payment of the balance, the balance of the grant, determined in accordance with the provisions of Article II.15, shall be paid to the Beneficiary or, if appropriate, any sum unduly paid shall be recovered. This payment deadline may be suspended by the European Parliament in accordance with the procedure referred to in Article II.14.2.

ARTICLE I.5 ‘�BANK ACCOUNT

Payments shall be made into a bank account or sub-account held by the Beneficiary, denominated in euros, details of which are given below:

Name of the bank:

Address of the branch where the account is held:

Precise name of the account holder:

Full account number (including bank codes):

IBAN: ‘�/p>

BIC/SWIFT:

This account or sub-account must make it possible to identify the monies paid by the European Parliament and must be reserved exclusively for the receipt of monies paid by the European Parliament in connection with implementation of the programme of activities which is the subject of the grant. If the monies paid into this account yield interest or equivalent benefits under the law of the State on whose territory the account is opened, such interest or benefits shall, if they are generated by pre-financing payments, be recovered by the European Parliament in accordance with the conditions laid down in Article II.14.4.

ARTICLE I.6 ‘�GENERAL ADMINISTRATIVE PROVISIONS

Any communication in connection with this agreement shall be in writing and shall bear the number of the agreement. It must be sent to the following addresses:

For the European Parliament:

European Parliament

The President

c/o the Director-General of Finance

Office SCH 05B031

L-2929 Luxembourg

Ordinary mail shall be declared to have been received by the European Parliament on the date on which it is formally registered by the European Parliament‘檚 Mail Service.

+++++ TIFF +++++

For the Beneficiary:

Mr/Mrs ‘�/p>

[Title]

[Official name of the beneficiary body]

[Full official address]

ARTICLE I.7 ‘�LAW APPLICABLE AND COMPETENT COURT

The grant shall be governed by the provisions of the agreement, by the provisions of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) (hereinafter the ‘楩inancial Regulation‘� and its detailed implementing rules, by Regulation (EC) No 2004/2003 and by the Bureau decision of 29 March 2004 laying down the procedures for implementing the above-mentioned Regulation (EC) No 2004/2003.

Subject thereto, Luxembourg law shall apply to any matter not covered by the provisions referred to above.

The Beneficiary may bring an action against the European Parliament‘檚 decisions concerning the application of the provisions of the agreement and the procedures for implementing the agreement before the Court of First Instance of the European Communities and, in the event of a further appeal, before the Court of Justice of the European Communities.

ARTICLE I.8 ‘�DATA PROTECTION

Any personal data incorporated in the agreement shall be processed in accordance with the provisions of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (4). Such data shall be processed solely in connection with the implementation and monitoring of the agreement by the European Parliament‘檚 Directorate-General for Finance, without prejudice to their possible transfer to the bodies responsible for carrying out verification and audit tasks in accordance with Community legislation.

On the basis of a written request, the Beneficiary may obtain communication of its personal data and rectify any inaccurate or incomplete data. The Beneficiary may submit any request concerning the processing of its personal data to the European Parliament‘檚 Directorate-General for Finance or the European Parliament‘檚 Personal Data Protection Unit. The Beneficiary may at any time lodge an appeal with the European Data Protection Supervisor concerning the processing of its personal data.

(3) OJ L 248, 16.9.2002, p. 1.

(4) OJ L 8, 12.1.2001, p. 1.

+++++ TIFF +++++

II ‘�GENERAL TERMS AND CONDITIONS

PART A: LEGAL AND ADMINISTRATIVE PROVISIONS

ARTICLE II.1 ‘�LIABILITY

II.1.1. The Beneficiary shall bear sole responsibility for complying with any legal obligations incumbent on it.

II.1.2. The European Parliament may not, under any circumstances or on any grounds, be held liable in the event of a claim under the agreement relating to any damage caused during implementation of the programme of activities. Accordingly, the European Parliament shall not consider any request for compensation or reimbursement accompanying any such claim.

II.1.3. Except in cases of force majeure, the Beneficiary shall be required to make good any damage suffered by the European Parliament as a result of the implementation or the incorrect implementation of the programme of activities.

II.1.4. The Beneficiary shall bear sole liability vis-脿-vis third parties, including for damage of any kind suffered by them during the implementation of the programme of activities.

ARTICLE II.2 ‘�CONFLICT OF INTERESTS

Pursuant to Article 52 of the Financial Regulation, the Beneficiary shall take all necessary measures to avoid any risk of a conflict of interests which might compromise the impartial and objective implementation of the agreement.

ARTICLE II.3 ‘�CONFIDENTIALITY

The European Parliament and the Beneficiary undertake to safeguard the confidentiality of any document, information or other material directly related to the subject of the agreement which is duly classified as confidential if disclosure might cause prejudice to the other party. The parties shall remain bound by this obligation beyond the period covered by the Community funding.

ARTICLE II.4 ‘�PUBLICITY

II.4.1. Unless the European Parliament requests otherwise, any communication or publication by the Beneficiary about the implementation of the programme of activities, including at a conference or seminar, shall indicate that the programme has been the subject of financial support from the European Parliament.

Any communication or publication by the Beneficiary, in any form and any medium, shall indicate that sole liability rests with the author and that the European Parliament is not responsible for any use that may be made of the information contained therein.

II.4.2. The Beneficiary authorises the European Parliament to publish the following information in any form and any medium, including via the Internet:

‘�the Beneficiary‘檚 name and address,

‘�the purpose for which the grant has been awarded,

‘�the amount awarded and the proportion of the Beneficiary‘檚 total operating budget covered by the funding,

‘�the final amount of the grant,

‘�details of the technical assistance provided by the European Parliament.

ARTICLE II.5 ‘�ASSESSMENT

Whenever the European Parliament carries out an interim or final assessment of the impact of the grant measured against the objectives of Regulation (EC) No 2004/2003, the Beneficiary undertakes to make available to the European Parliament and/or the persons authorised by it any document or information likely to enable that assessment to be successfully completed and to give them the rights of access provided for in Article II.17.

+++++ TIFF +++++

ARTICLE II.6 ‘�FORCE MAJEURE

II.6.1. Force majeure shall mean any unforeseeable and exceptional situation or event which is outside the control of the parties to the agreement, which cannot be attributed to error or negligence on their part, which prevents one of the parties to the agreement from meeting any of its obligations under the agreement and which proves insurmountable in spite of all due diligence. Defects in equipment or material or delays in making them available (unless due to force majeure), labour disputes, strikes or financial problems may not be invoked as force majeure by the defaulting party.

II.6.2. If one of the parties to the agreement is faced with an instance of force majeure, it shall inform the other party without delay, by registered letter with advice of delivery or equivalent, stating the nature, probable duration and likely effects of the event in question.

II.6.3. Neither of the parties shall be held to be in breach of one of its obligations under the agreement if it has been prevented from fulfilling that obligation by force majeure. The parties to the agreement shall make every effort to minimise any damage which might be caused by an instance of force majeure.

ARTICLE II.7 ‘�AWARD OF CONTRACTS

If the Beneficiary is required to conclude contracts for the purposes of implementing the programme of activities and those contracts constitute eligible expenditure under the operating budget, the Beneficiary shall be required to seek competitive tenders from potential contractors and to award the contract to the contractor making the most economically advantageous bid, i.e. the bid offering the best value for money; in so doing it shall observe the principles of transparency and equal treatment of potential contractors and shall take care to avoid any conflict of interests.

The Beneficiary shall bear sole liability in respect of the implementation of the programme of activities and compliance with the provisions of the agreement. The Beneficiary undertakes to make all the arrangements required to ensure that the contractor agrees to waive all rights vis-脿-vis the European Parliament under the agreement.

ARTICLE II.8 ‘�ASSIGNMENT

Claims held against the European Parliament shall be unassignable.

By way of exception, in duly substantiated cases the European Parliament may authorise the assignment of all or part of the agreement and the payments arising from it to a third party, on the basis of a reasoned written request to that effect from the Beneficiary. The European Parliament must give its agreement in writing prior to the proposed assignment. Should that agreement not be given, or should the conditions attaching to it not be observed, the assignment shall not be binding on the European Parliament and shall have no effect on it.

Under no circumstances may such a transfer release the Beneficiary from its obligations vis-脿-vis the European Parliament.

ARTICLE II.9 ‘�TERMINATION OF THE AGREEMENT

II.9.1. Termination by the Beneficiary

The Beneficiary may waive the grant and terminate the agreement at any time, subject to 30 days‘�notice, without being required to furnish any indemnity on this account.

II.9.2. Termination by the European Parliament

The European Parliament may decide to terminate the agreement, without any indemnity on its part, in the following circumstances:

(a) if the Beneficiary no longer meets the conditions governing funding as laid down in Articles 3, 6 and 7 of Regulation (EC) No 2004/2003;

(b) in the event of a change in the Beneficiary‘檚 situation, whether in the legal, financial, technical, organisational or supervisory sphere, which is liable to affect the agreement substantially or to call into question the decision to award the grant;

+++++ TIFF +++++

(c) if the Beneficiary fails to fulfil a substantive obligation incumbent on it under the terms of the agreement, including its annexes;

(d) in the event of force majeure, notified in accordance with Article II.6;

(e) if the Beneficiary is declared bankrupt, is being wound up or is the subject of any other similar proceedings;

(f) if the Beneficiary is guilty of misrepresentation or submits false reports in order to obtain the grant provided for in the agreement;

(g) if the Beneficiary has, intentionally or through negligence, committed a substantive irregularity in the performance of the agreement and in the event of fraud, corruption or any other illegal activity on the part of the Beneficiary which is detrimental to the financial interests of the European Communities. A substantive irregularity shall mean any breach of a provision of the agreement or statutory provisions resulting from an act or omission by the Beneficiary which proves or might prove damaging to the Community budget;

(h) if the beneficiary is found guilty of an offence involving his professional conduct by a judgment having the force of res judicata or if he is guilty of grave professional misconduct proven by and justified means.

II.9.3. Termination procedure

The termination procedure shall be initiated by registered letter with advice of delivery or equivalent.

In the cases referred to in points (a), (b), (c) and (e) of Article II.9.2, the Beneficiary shall have 30 days in which to submit its observations and take any measures required to ensure continued fulfilment of its obligations under the agreement. If the European Parliament fails to confirm acceptance of these observations by giving written approval within 30 days of receiving them, the termination procedure shall continue to run.

Where notice is given, termination shall take effect at the end of the period of notice, which shall commence on the date on which the European Parliament decision to terminate the agreement is received.

If notice is not given in the cases referred to in points (d), (f), (g) and (h) of Article II.9.2, termination shall take effect from the day following the date on which the European Parliament‘檚 decision to terminate the agreement is received.

II.9.4. Effects of termination

In the event of termination, payments by the European Parliament shall be limited to the eligible expenditure actually incurred by the Beneficiary up to the date when termination takes effect, in accordance with the provisions of Article II.15. Expenditure relating to current commitments which are not due to be executed until after termination shall not be taken into account. The Beneficiary shall have 60 days from the date when termination takes effect, as notified by the European Parliament, in which to produce a request for final payment in accordance with the provisions of Article II.13.2. If no such request is received within this time-limit, the European Parliament shall not reimburse the expenditure incurred by the Beneficiary up to the date of termination and shall recover any amount the use of which is not substantiated by the activity reports and financial statements it has approved.

By way of exception, if, at the end of the period of notice referred to in Article II.9.3, the European Parliament terminates the agreement on the grounds that the Beneficiary has failed to produce the final report on the implementation of the programme of activities and the final financial statement of the eligible expenditure actually incurred within the time-limit laid down in Article I.4.2 and that it has still not met that obligation within two months of receipt of the written reminder forwarded by the European Parliament by registered letter with advice of delivery or equivalent, the European Parliament shall not reimburse the expenditure incurred by the Beneficiary up to the date marking the end of the period of eligibility for Community funding and it shall recover any amount whose use is not substantiated by the activity reports and financial statements it has approved.

By way of exception, in the event of termination by the European Parliament on the grounds set out in points (f), (g) or (h) of Article II.9.2, the European Parliament may demand the partial or total repayment of sums already paid under the agreement on the basis of activity reports and financial statements it has approved, in proportion to the gravity of the failings in question and after allowing the Beneficiary to submit its observations.

+++++ TIFF +++++

II.9.5. Others termination grounds

If the European Parliament finds that any of the conditions referred to in Article 3(a), (b) and (c) of Regulation 2004/2003 are no longer satisfied by a political party at European level, the relevant beneficiary, which has for this reason forfeited this status, shall be excluded from funding under this Regulation.

ARTICLE II.10 ‘�STATUTORY FINANCIAL PENALTIES

Pursuant to the Financial Regulation, any Beneficiary declared to be in serious breach of its obligations under the agreement shall be liable to financial penalties of between 2 % and 10 % of the value of the grant in question, in keeping with the principle of proportionality. That rate may be between 4 % and 20 % in the event of a further breach of obligations in the five years following the first. Any decision by the European Parliament to impose these financial penalties shall be notified to the Beneficiary in writing.

ARTICLE II.11 ‘�ADDITIONAL AGREEMENTS

II.11.1. Any amendment to the agreement must be the subject of a written additional agreement. No verbal agreement may bind the parties to this effect.

II.11.2. The additional agreement may not have as its purpose or effect that of making substantial modifications to the agreement likely to call into question the decision to award the grant or that of breaching the principle of equal treatment for grant applicants.

II.11.3. If the request for amendment is made by the Beneficiary, it must forward it to the European Parliament in good time before it is due to take effect and, at all events, one month prior to the end of the period of eligibility for Community funding, except in cases duly substantiated by the Beneficiary and accepted by the European Parliament.

PART B: FINANCIAL PROVISIONS

ARTICLE II.12 ‘�ELIGIBLE EXPENDITURE

II.12.1. In order to be considered as eligible for Community funding, expenditure must meet the following general criteria:

‘�it must be directly related to the subject-matter of the agreement and must be provided for in the provisional budget annexed to the agreement,

‘�it must be necessary to implementation of the programme of activities covered by the agreement,

‘�it must be reasonable and justified and must be consistent with the principles of sound financial management, in particular value for money and cost-effectiveness,

‘�it must be generated during the period of eligibility for Community funding as defined in Article I.2.2 of the agreement, with the exception of costs relating to final reports and certificates on the financial statements and underlying accounts,

‘�it must actually be incurred by the Beneficiary, must be recorded in the Beneficiary‘檚 accounts, in accordance with the accounting principles applicable to it, and must have been the subject of the declarations laid down by the applicable tax and social security laws,

‘�it must be identifiable and verifiable.

The Beneficiary‘檚 accounting and internal audit procedures must make it possible to carry out a direct reconciliation of the expenditure and revenue declared under the programme of activities with the accounting statements and the corresponding supporting documents.

+++++ TIFF +++++

II.12.2. In particular, and provided that it meets the criteria laid down in the previous paragraph, the following operating expenditure shall be regarded as eligible:

‘�administrative costs and costs linked to technical support, meetings, research, cross-border events, studies, information and publications,

‘�personnel costs, comprising actual salaries plus social security contributions and other statutory costs included in remuneration, provided that they do not exceed the average rates under the Beneficiary‘檚 usual policy on remuneration,

‘�travel and subsistence expenses for staff, provided that they are consistent with the Beneficiary‘檚 usual practices regarding travel costs,

‘�the cost of purchasing equipment, provided that the items concerned are intended primarily for use in implementing the programme of activities and they are valued and depreciated in accordance with Article 9(2) of the Regulation (EC) No 2004/2003. Only the portion of the depreciation of the item corresponding to the period of eligibility for Community funding covered by the agreement may be taken into account by the European Parliament, except where the nature and/or the context of the use of the item justifies different treatment by the European Parliament,

‘�costs of consumables and supplies,

‘�costs stemming from other contracts awarded by the Beneficiary for the purposes of implementing its programme of activities, provided that the conditions laid down in Article II.7 are met,

‘�costs arising directly from requirements imposed by the agreement (in particular the cost of audits), including, if appropriate, the costs of financial services (in particular the cost of financial guarantees).

II.12.3. The following shall not be considered eligible:

‘�capital injections and compensation for use of capital,

‘�debts and debt service charges,

‘�provisions,

‘�interest owed,

‘�doubtful claims on third parties,

‘�exchange losses,

‘�VAT, unless the Beneficiary can show that it is unable to recover it,

‘�expenditure declared and borne in connection with a specific action giving rise to a Community grant,

‘�excessive or reckless expenditure.

II.12.4. In duly substantiated cases, the European Parliament may accept that the co-funding of specific measures forming part of the programme of activities referred to in Article I.3.2 should in part take the form of contributions in kind. In that event, the value of such contributions must not exceed:

‘�either the costs actually borne and duly supported by accounting documents of the third parties who made these contributions to the beneficiary free of charge but bear the corresponding costs,

‘�or the costs generally accepted on the market in question for the type of contribution concerned when no costs are borne.

Contributions in the form of immovable property shall be excluded from the scope of this provision.

Where co-funding in kind takes place, the contributions valued in this way shall appear, in the same amount, in the expenditure on implementing the programme of activities, as eligible expenditure, and in the revenue for the programme of activities, as co-funding in kind. The Beneficiary undertakes to use these contributions in accordance with the conditions laid down in the agreement.

+++++ TIFF +++++

ARTICLE II.13 ‘�PAYMENTS

Payments shall be made in accordance with Article I.4.

II.13.1. Pre-financing

The pre-financing shall be intended to provide the Beneficiary with cash resources. The pre-financing may not exceed 80 % of the maximum amount of the grant as specified in Article I.3.2.

II.13.2. Payment of the balance of the grant

The balance shall be paid once the period of eligibility for Community funding has come to an end, on the basis of the expenditure actually incurred by the Beneficiary in implementing the programme of activities. If the total amount of the preceding payments exceeds the figure determined for the final grant, the European Parliament shall recover the sums unduly paid.

By 15 May and at the latest by 30 June following the end of the financial year, the Beneficiary must submit the following documents with a view to enabling the European Parliament to pay the balance of the grant:

‘�a final report on the implementation of the programme of activities,

‘�a final financial statement of the eligible expenditure actually incurred, based on the structure of the provisional budget,

‘�a comprehensive summary of revenue and expenditure corresponding to the Beneficiary‘檚 accounts for the period of eligibility covered by the agreement, specifying the amount of the surplus that the beneficiary carried over to the next financial year and the amount to be provided for the financial reserve,

‘�a report on an external audit of the Beneficiary‘檚 accounts carried out by an independent body or expert authorised under national law to audit accounts.

The purpose of the external audit shall be to certify that

‘�the financial statements have been prepared in accordance with the national legislation applicable to the beneficiary, are free of material misstatement and show a true and fair view of the financial position and the operating results,

‘�the financial documents submitted by the beneficiary to Parliament are consistent with the financial provisions of the grant agreement,

‘�the expenditure declared was actually incurred,

‘�the statement of revenue is exhaustive,

‘�the obligations arising out of Articles 6, 7, 8 and 10 (2) of Regulation (EC) No 2004/2003 have been met,

‘�any surplus carried over to the next financial year has been used in the first quarter of the financial year, pursuant to Article 6a,

‘�the obligations arising out of Article 109(4) of the Financial Regulation have been met.

Should a decision be taken not to pay the balance of the grant, upon receipt of the documents referred to in the second paragraph, and within two months, the Bureau, acting on a proposal from the Secretary-General, and after hearing the representatives of the beneficiary concerned shall approve the final report on the implementation of the programme of activities and the final financial statement.

The Bureau and, when the Bureau decision is being prepared, the Secretary-General may ask the Beneficiary to supply supporting documents or any further information it regards as necessary to enable it to approve the final report and the final financial statement. The Beneficiary shall have 15 days in which to submit the supporting documents concerned.

After hearing the representatives of the beneficiary concerned, the Bureau may reject the final report and the final financial statement and call for the submission of a fresh report and a fresh financial statement. The Beneficiary shall have 15 days in which to submit a fresh report and a fresh financial statement.

+++++ TIFF +++++

Should Parliament not respond in writing within a period of two months, the final report and the final financial statement shall be deemed approved.

Requests for additional information or a fresh report shall be notified to the Beneficiary in writing. The Beneficiary shall have the period of 15 days specified in Article I.4 above in which to submit the information or new documents requested.

Should additional information be requested, the time-limit for scrutiny shall be extended by the time needed to obtain the information concerned.

If a report is rejected and a fresh report is requested, the approval procedure set out in this article shall apply.

In the event of renewed rejection, the European Parliament reserves the right to terminate the agreement by invoking point (c) of Article II.9.2.

ARTICLE II.14 ‘�GENERAL PROVISIONS GOVERNING PAYMENTS

II.14.1. Payments shall be made by the European Parliament in euros. Any conversion of actual costs into euros shall be made at the daily rate published in the Official Journal of the European Union or, failing that, at the monthly accounting rate established by the European Parliament and published on its Internet site, on the day when the payment order is issued by the European Parliament, save where expressly provided otherwise in the Specific Terms and Conditions.

Payments by the European Parliament shall be regarded as effected on the date on which they are debited to the European Parliament‘檚 account.

II.14.2. The European Parliament may suspend the payment periods laid down in Article I.4 at any time by notifying the Beneficiary concerned that its request for payment is not admissible, either because it does not comply with the provisions of the agreement, or because appropriate supporting documents have not been produced, or because there is a suspicion that some of the expenditure included in the financial statement is not eligible and additional checks are being conducted.

The European Parliament may also suspend its payments at any time if the Beneficiary is found or presumed to have breached the provisions of the agreement, in particular in the light of the findings of the audits and checks provided for in Article II.17.

The European Parliament shall notify the Beneficiary of any such suspension by registered letter with advice of delivery or equivalent. The suspension shall take effect on the date on which the notification is dispatched by the European Parliament. The period for payment shall begin to run once again from the date on which the request for payment, correctly drawn up, is registered, from the date of receipt of the supporting documents requested, or from the end of the period of suspension as notified by the European Parliament.

II.14.3. On expiry of the payment periods laid down in Article I.4, and without prejudice to paragraph 2 of this article, the Beneficiary is entitled to interest on the late payment at the rate applied by the European Central Bank for its main refinancing operations in euros, plus three and a half points; the reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union.

The late-payment interest shall cover the period between the final date for payment, exclusive, and the date of payment as defined in paragraph 1 of this article, inclusive. Such interest shall not be regarded as revenue for the purposes of determining the final grant within the meaning of Article II.15.4. The suspension of payment by the European Parliament may not be regarded as late payment.

By way of exception, when the interest calculated in accordance with the provisions of the first and second subparagraphs is lower than or equal to EUR 200, it shall be paid to the beneficiary only upon demand submitted within two months of receiving late payment.

II.14.4. The Beneficiary shall notify the European Parliament of the amount of interest or equivalent benefits yielded by the pre-financing it has received from the European Parliament.

The European Parliament shall deduct the interest yielded by pre-financing which exceeds EUR 50 000 as provided for in Article I.4 from the payment of the balance of the amount due to the beneficiary. The interest shall not be treated as a receipt within the meaning of Article II.15.4.

+++++ TIFF +++++

Where the pre-financing payments exceed EUR 750 000 per agreement at the end of each financial year, the interest shall be recovered for each reporting period. Taking account of the risks associated with the management environment and the nature of actions financed, the European Parliament may recover the interest generated by pre-financing lower than EUR 750 000 at least once a year.

Where the interest yielded exceeds the balance of the amount due to the beneficiary as indicated in Article II.13.2, or is generated by pre-financing referred to in the previous subparagraph, the European Parliament shall recover it in accordance with Article II.16.

II.14.5. The Beneficiary shall have a period of two months from the date of notification by the European Parliament of the amount of the final grant determining the amount of the balance to be paid or of the recovery order, pursuant to Article II.15, or, failing that, the date of receipt of the balance, to request information in writing on the determination of the final grant, substantiating any objections it might raise. Once that deadline has passed, such requests shall no longer be considered. The European Parliament undertakes to reply in writing within two months from the date of receipt of the request for information, giving reasons for its reply. This procedure shall be without prejudice to the possibility for the Beneficiary to appeal against the European Parliament‘檚 decision pursuant to Article I.7. In accordance with the relevant provisions of Community law, such an appeal must be lodged within two months following notification of the decision to the appellant, or, failing that, from the day on which the latter had cognisance of the decision.

ARTICLE II.15 ‘�DETERMINATION OF THE FINAL GRANT

II.15.1. Irrespective of the information obtained subsequently in connection with the checks and audits, and after hearing the representatives of the beneficiary concerned requesting to be heard, the Bureau shall determine the amount of the final grant to be awarded to the Beneficiary on the basis of the documents referred to in Article II.13.2 which it has approved.

II.15.2. Under no circumstances may the total amount to be paid to the Beneficiary by the European Parliament exceed the maximum amount of the grant laid down in Article I.3.2, even if the total eligible expenditure actually incurred exceeds the total amount of the estimated eligible expenditure as referred to in Article I.3.1.

II.15.3. If, at the end of the eligibility period, the eligible expenditure actually incurred is lower than the estimated eligible expenditure, the surplus may be carried over to the following financial year, in accordance with the conditions laid down in Article 6a(1) and (2) of the Bureau decision of 29 March 2004. The European Parliament‘檚 contribution shall be limited to the maximum amount of the grant laid down in Article I.3.2 and may under no circumstances exceed 85 % of the eligible expenditure actually incurred.

The Beneficiary is entitled to cumulate funds on a specific reserve account in accordance with the conditions laid down in Article 6a(3) of the Bureau decision of 29 March 2004.

After having exhausted the possibilities provided for in the previous two paragraphs, the amount of the final grant will be determined in accordance with Article II.15.4.

II.15.4. The Beneficiary hereby agrees that the grant shall be limited to the amount needed to balance revenue and eligible expenditure in its operating budget for the programme of activities and that the grant may not under any circumstances produce a profit for it.

Profit shall be defined as any surplus in the Beneficiary‘檚 total actual operating revenue when set against its total actual operating expenditure. Actual revenue shall be regarded as that established, generated or confirmed on the date when the Beneficiary draws up the request for payment of the balance, in respect of funding other than the Community grant, to which must be added the amount of the grant determined by applying the principles laid down in paragraphs 2 and 3 of this article. For the purposes of this article, only actual operating expenditure set out in the Beneficiary‘檚 financial statements and falling within the categories of expenditure set out in the provisional budget referred to in Article I.3.1, and contained in Annex II, shall be taken into account; at all events, non-eligible expenditure shall be covered by non-Community resources.

Any surplus determined in this way shall give rise to a corresponding reduction in the amount of the grant.

II.15.5. Without prejudice to the right to terminate the agreement pursuant to Article II.9, and without prejudice to its right to impose the penalties specified in Article II.10, the European Parliament may reduce the grant originally provided for in the event of the non-implementation, improper implementation, partial implementation or late implementation of the agreed programme of activities, in line with the actual implementation of the programme of activities and on the terms laid down in the agreement.

+++++ TIFF +++++

II.15.6. On the basis of the amount of the final grant thus determined and the cumulative amount of the payments previously made under the agreement, the European Parliament shall lay down the amount of the balance to be paid, which shall be equal to the amounts still due to the Beneficiary. If the cumulative amount of the payments previously made exceeds the amount of the final grant, the European Parliament shall issue a recovery order in respect of the excess amount.

ARTICLE II.16 ‘�RECOVERY

II.16.1. If amounts have been unduly paid to the Beneficiary or if a recovery procedure is justified under the terms of the agreement, the Beneficiary shall repay the amounts concerned to the European Parliament, in accordance with the terms and by the deadline laid down by the European Parliament.

II.16.2. Should the Beneficiary fail to make the repayment by the deadline laid down by the European Parliament, the latter shall charge on the sums due late-payment interest at the rate laid down in Article II.14.3. The late-payment interest shall cover the period between the deadline laid down for repayment, exclusive, and the date on which the European Parliament receives full repayment of the sums due, inclusive.

Any partial repayment shall first be entered against charges and late-payment interest and then against the principal.

II.16.3. If no repayment has been made by the deadline laid down, the sums due to the European Parliament may be recovered by offsetting them against any sums owed to the Beneficiary on whatever account, following prior notification by registered letter with advice of delivery or equivalent. In exceptional circumstances, justified by the need to safeguard the financial interests of the Communities, the European Parliament may recover by offsetting before the due date of the payment. The Beneficiary‘檚 prior consent shall not be required.

II.16.4. Bank charges occasioned by the recovery of the sums owed to the European Parliament shall be borne solely by the Beneficiary.

ARTICLE II.17 ‘�CHECKS AND AUDITS

II.17.1. The Beneficiary shall supply all the detailed information requested to the European Parliament, or to any other external body authorised by the European Parliament, so that the latter can verify the proper implementation of the programme of activities and the provisions of the agreement.

II.17.2. The Beneficiary shall keep at the European Parliament‘檚 disposal all the original documents, in particular accounting, bank and tax documents, or, in duly substantiated exceptional cases, certified true copies of the original documents, relating to the agreement for a period of five years from the date on which the balance of the amounts due, as referred to Article I.4 of the agreement, is paid.

II.17.3. The Beneficiary shall ensure that the European Parliament, either directly through its own staff, or through the intermediary of any other external body authorised by it to that effect, can carry out an audit of the way the grant has been used. Such audits may be carried out throughout the lifetime of the agreement, up to the date on which the balance is paid, and for a period of five years as from the date on which the balance is paid. If appropriate, the audit findings may give rise to recovery decisions by the European Parliament.

II.17.4. The Beneficiary undertakes to grant European Parliament staff and outside personnel authorised by the European Parliament an appropriate right of access to its premises and to all the information, including in electronic format, required to carry out such audits.

II.17.5. Pursuant to Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (5), OLAF may also carry out checks and verifications on the spot, in accordance with the procedures laid down by Community law with a view to protecting the financial interests of the European Communities against fraud and other irregularities. If appropriate, the findings may give rise to recovery decisions by the European Parliament.

(5) OJ L 136, 31.5.1999, p. 1.

+++++ TIFF +++++

II.17.6. The European Court of Auditors shall enjoy the same rights, in particular of access, as the European Parliament for the purposes of carrying out checks and audits.

SIGNATURES

For the Beneficiary

For the European Parliament

[name/forename/function]

[name/forename]

[signature]

[signature]

Done at

Done at

[place], [date]

[place], [date]

In duplicate in English.

+++++ TIFF +++++

--------------------------------------------------

Annex: Breakdown of the provisional operating budget

Expenditure |

Eligible expenditure | Budget | Actual |

A.1:Personnel costs

1.Salaries | | |

2.Contributions | | |

3.Professional training | | |

4.Staff missions expenses | | |

5.Other personnel costs | | |

A.2:Infrastructure and operating costs

1.Rent, charges and maintenance costs | | |

2.Costs relating to installation, operation and maintenance of equipment | | |

3.Depreciation of movable and immovable property | | |

4.Stationery and office supplies | | |

5.Postal and telecommunications charges | | |

6.Printing, translation and reproduction costs | | |

7.Other infrastructure costs | | |

A.3:Administrative expenditure

1.Documentation costs (newspapers, press agencies, databases) | | |

2.Costs of studies and research | | |

3.Legal costs | | |

4.Accounting and audit costs | | |

5.Support to affiliated organisations and subsidies to third parties | | |

6.Miscellaneous administrative costs | | |

A.4:Meetings and representation costs

1.Costs of meetings of the political party | | |

2.Participation in seminars and conferences | | |

3.Representation costs | | |

4.Costs of invitations | | |

5.Other meeting-related costs | | |

A.5:Information and publication costs

1.Publication costs | | |

2.Creation and operation of Internet sites | | |

3.Publicity costs | | |

4.Communications equipment (gadgets) | | |

5.Seminar and exhibitions | | |

6.Election campaigns [1] | | |

7.Other information-related costs | | |

A.6:expenditure relating to contributions in kind | | |

A.7:Allocation to "Provision to cover eligible expenditure to be incurred in the first quarter of N+1" [1] | | |

A.TOTAL ELIGIBLE EXPENDITURE | | |

B.1Non-eligible expenditure

1.Allocations to other provisions | | |

2.Financial charges | | |

3.Exchange losses | | |

4.Doubtful claims on third parties | | |

5.Others (to be specified) | | |

B.TOTAL NON-ELIGIBLE EXPENDITURE | | |

C.TOTAL EXPENDITURE | | |

H.1Allocation of own resources to the specific reserve account [1] | | |

H.Profit/loss for verifying compliance with the no-profit rule (G-H.1) [1] | | |

Revenue |

| Budget | Actual |

D.1Dissolution of "Provision to cover eligible costs to be incurred in the first quarter of N" [1] | | |

D.2European Parliament grant | | |

D.3membership fees | | |

3.1from member parties | | |

3.2from individual members | | |

D.4Donations | | |

4.1above 500 EUR | | |

4.2below 500 EUR | | |

D.5Other own resources (to cover eligible expenditure) (to be listed) | | |

| | |

D.6Contributions in kind | | |

| | |

D.REVENUE (to cover eligible expenditure) | | |

| | |

E.1Additional other own resources (to cover non-eligible expenditure) (to be listed) | | |

E.REVENUE (to cover non-eligible expenditure) | | |

F.TOTAL REVENUE | | |

G.profit/loss (F-C) | | |

[1] Not applicable to political foundations at European level

--------------------------------------------------

ANNEX 2b

FOUNDATION

DIRECTORATE-GENERAL FOR FINANCE

OPERATING GRANT AGREEMENT

NUMBER: ‘�/p>

The European Parliament, whose Secretariat is situated at

Plateau du Kirchberg, L-2929 Luxembourg,

hereinafter referred to as ‘the European Parliament‘�

represented, in respect of the signing of this agreement,

by ‘�[name/forename/function],

of the one part,

and

[full official name of the beneficiary]

[official legal form]

[legal registration No]

[full official address]

[VAT number],

hereinafter referred to as ‘the Beneficiary‘�

represented, in respect of the signing of this agreement,

by: ‘�

of the other part,

HAVE AGREED

the following Specific Terms and Conditions, General Terms and Conditions and Annexes:

Annex I Beneficiary‘檚 programme of activities

Annex II Beneficiary‘檚 provisional operating budget

which shall form an integral part of this agreement (the agreement).

The provisions of the Specific Terms and Conditions shall take precedence over those of the other parts of the agreement.

The provisions of the General Terms and Conditions shall take precedence over those of the Annexes.

+++++ TIFF +++++

I ‘�SPECIFIC TERMS AND CONDITIONS

ARTICLE I.1 ‘�SUBJECT

I.1.1. Pursuant to Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding (1) and the Bureau decision of 29 March 2004 laying down procedures for implementing the above-mentioned Regulation (2), and in accordance with the Specific Terms and Conditions, the General Terms and Conditions and the Annexes to this agreement, which the Beneficiary declares that it knows and accepts, the European Parliament has decided to award a grant to support the Beneficiary‘檚 annual programme of activities, which corresponds to the pursuance of its activities and objectives as laid down in its statutes, for the financial year YYYY.

I.1.2. The Beneficiary undertakes to do everything in its power to implement its programme of activities as set out in Annex I, acting under its own responsibility. The Beneficiary undertakes, further, in its programme and its actions, to observe the principles on which the European Union is founded, i.e. the principles of freedom, democracy, respect for human rights and fundamental freedoms and the rule of law.

ARTICLE I.2 ‘�DURATION

I.2.1. The agreement shall enter into force on the date on which it is signed by the second of the two parties to it.

I.2.2. The period of eligibility for European Parliament funding to cover expenditure shall run from DD/MM/YY to DD/MM/YY.

ARTICLE I.3 ‘�FUNDING OF THE PROGRAMME OF ACTIVITIES

I.3.1. The total volume of expenditure eligible for European Parliament funding is estimated at EUR [‘, in accordance with the Beneficiary‘檚 provisional operating budget set out in Annex II. That provisional operating budget shall be in balance and give a breakdown of all the Beneficiary‘檚 estimated operating expenditure and revenue for the period in question, with expenditure eligible for European Parliament funding kept separate from expenditure not eligible, in keeping with the definitions of expenditure given in Article II.12.

I.3.2. The European Parliament shall contribute a maximum amount of EUR [‘, equivalent to [‘ % of the total estimated eligible expenditure, as referred to in paragraph 1. The final grant shall be determined in accordance with the provisions of Article II.15, without prejudice to the provisions of Article II.17.

When the final grant is determined, the European Parliament‘檚 contribution shall be limited to the maximum amount of the grant laid down in Article I.3.2, of the agreement and may under no circumstances exceed 85 % of the eligible expenditure actually incurred. The provisional budget referred to in paragraph 1 shall give details of the amounts and sources of other forms of external funding.

I.3.3. By derogation from Article II.11, when implementing the programme of activities the Beneficiary may adjust its provisional budget by means of transfers between categories of eligible expenditure, provided that such adjustment does not affect implementation of the programme of activities, and without exceeding the total volume of eligible expenditure indicated in paragraph 1. It shall inform the European Parliament of any such adjustment in writing.

ARTICLE I.4 ‘�PAYMENT ARRANGEMENTS

On the basis of the programme of activities and the provisional schedule of expenditure eligible for the grant, the grant shall be paid in accordance with the following timetable and arrangements:

I.4.1. Pre-financing

A pre-financing payment of EUR [‘, representing 80 % of the amount referred to in Article I.3.2, shall be made to the Beneficiary within 15 days following the date when the last of the parties signs the agreement.

(1) OJ L 297, 15.11.2003, p. 1.

(2) OJ C 155, 12.6.2004, p. 1.

+++++ TIFF +++++

I.4.2. Payment of the balance

The request for payment of the balance shall be submitted by 15 May and at the latest by 30 June of the following financial year and must be accompanied by a final report on the implementation of the programme of activities, a final statement of the eligible expenditure actually incurred, based on the structure of the provisional budget, a comprehensive summary of revenue and expenditure corresponding to the Beneficiary‘檚 accounts for the eligibility period covered by the agreement and a report giving details of an external audit of the Beneficiary‘檚 accounts carried out by an independent body or expert authorised under national law to audit accounts. The European Parliament shall have two months in which to approve or reject the activity report or to request any additional supporting documents or information, in accordance with the procedure referred to in Article II.13.2. If appropriate, the Beneficiary shall have a period of 15 days in which to submit additional information or a fresh report.

Within 30 days following approval by the European Parliament of the activity report accompanying the request for payment of the balance, the balance of the grant, determined in accordance with the provisions of Article II.15, shall be paid to the Beneficiary or, if appropriate, any sum unduly paid shall be recovered. This payment deadline may be suspended by the European Parliament in accordance with the procedure referred to in Article II.14.2.

ARTICLE I.5 ‘�BANK ACCOUNT

Payments shall be made into a bank account or sub-account held by the Beneficiary, denominated in euros, details of which are given below:

Name of the bank:

Address of the branch where the account is held:

Precise name of the account holder:

Full account number (including bank codes):

IBAN: ‘�/p>

BIC / SWIFT:

This account or sub-account must make it possible to identify the monies paid by the European Parliament and must be reserved exclusively for the receipt of monies paid by the European Parliament in connection with implementation of the programme of activities which is the subject of the grant. If the monies paid into this account yield interest or equivalent benefits under the law of the State on whose territory the account is opened, such interest or benefits shall, if they are generated by pre-financing payments, be recovered by the European Parliament in accordance with the conditions laid down in Article II.14.4.

ARTICLE I.6 ‘�GENERAL ADMINISTRATIVE PROVISIONS

Any communication in connection with this agreement shall be in writing and shall bear the number of the agreement. It must be sent to the following addresses:

For the European Parliament:

European Parliament

The President

c/o the Director-General of Finance

Office SCH 05B031

L-2929 Luxembourg

Ordinary mail shall be declared to have been received by the European Parliament on the date on which it is formally registered by the European Parliament‘檚 Mail Service.

+++++ TIFF +++++

For the Beneficiary:

Mr/Mrs ‘�/p>

[Title]

[Official name of the beneficiary body]

[Full official address]

ARTICLE I.7 ‘�LAW APPLICABLE AND COMPETENT COURT

The grant shall be governed by the provisions of the agreement, by the provisions of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) (hereinafter the Financial Regulation) and its detailed implementing rules, by Regulation (EC) No 2004/2003 and by the Bureau decision of 29 March 2004 laying down the procedures for implementing the above-mentioned Regulation (EC) No 2004/2003.

Subject thereto, Luxembourg law shall apply to any matter not covered by the provisions referred to above.

The Beneficiary may bring an action against the European Parliament‘檚 decisions concerning the application of the provisions of the agreement and the procedures for implementing the agreement before the Court of First Instance of the European Communities and, in the event of a further appeal, before the Court of Justice of the European Communities.

ARTICLE I.8 ‘�DATA PROTECTION

Any personal data incorporated in the agreement shall be processed in accordance with the provisions of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (4). Such data shall be processed solely in connection with the implementation and monitoring of the agreement by the European Parliament‘檚 Directorate-General for Finance, without prejudice to their possible transfer to the bodies responsible for carrying out verification and audit tasks in accordance with Community legislation.

On the basis of a written request, the Beneficiary may obtain communication of its personal data and rectify any inaccurate or incomplete data. The Beneficiary may submit any request concerning the processing of its personal data to the European Parliament‘檚 Directorate-General for Finance or the European Parliament‘檚 Personal Data Protection Unit. The Beneficiary may at any time lodge an appeal with the European Data Protection Supervisor concerning the processing of its personal data.

(3) OJ L 248, 16.9.2002, p. 1.

(4) OJ L 8, 12.1.2001, p. 1.

+++++ TIFF +++++

II ‘�GENERAL TERMS AND CONDITIONS

PART A: LEGAL AND ADMINISTRATIVE PROVISIONS

ARTICLE II.1 ‘�LIABILITY

II.1.1. The Beneficiary shall bear sole responsibility for complying with any legal obligations incumbent on it.

II.1.2. The European Parliament may not, under any circumstances or on any grounds, be held liable in the event of a claim under the agreement relating to any damage caused during implementation of the programme of activities. Accordingly, the European Parliament shall not consider any request for compensation or reimbursement accompanying any such claim.

II.1.3. Except in cases of force majeure, the Beneficiary shall be required to make good any damage suffered by the European Parliament as a result of the implementation or the incorrect implementation of the programme of activities.

II.1.4. The Beneficiary shall bear sole liability vis-脿-vis third parties, including for damage of any kind suffered by them during the implementation of the programme of activities.

ARTICLE II.2 ‘�CONFLICT OF INTERESTS

Pursuant to Article 52 of the Financial Regulation, the Beneficiary shall take all necessary measures to avoid any risk of a conflict of interests which might compromise the impartial and objective implementation of the agreement.

ARTICLE II.3 ‘�CONFIDENTIALITY

The European Parliament and the Beneficiary undertake to safeguard the confidentiality of any document, information or other material directly related to the subject of the agreement which is duly classified as confidential if disclosure might cause prejudice to the other party. The parties shall remain bound by this obligation beyond the period covered by the Community funding.

ARTICLE II.4 ‘�PUBLICITY

II.4.1. Unless the European Parliament requests otherwise, any communication or publication by the Beneficiary about the implementation of the programme of activities, including at a conference or seminar, shall indicate that the programme has been the subject of financial support from the European Parliament.

Any communication or publication by the Beneficiary, in any form and any medium, shall indicate that sole liability rests with the author and that the European Parliament is not responsible for any use that may be made of the information contained therein.

II.4.2. The Beneficiary authorises the European Parliament to publish the following information in any form and any medium, including via the Internet:

‘�the Beneficiary‘檚 name and address,

‘�the purpose for which the grant has been awarded,

‘�the amount awarded and the proportion of the Beneficiary‘檚 total operating budget covered by the funding,

‘�the final amount of the grant,

‘�details of the technical assistance provided by the European Parliament.

ARTICLE II.5 ‘�ASSESSMENT

Whenever the European Parliament carries out an interim or final assessment of the impact of the grant measured against the objectives of Regulation (EC) No 2004/2003, the Beneficiary undertakes to make available to the European Parliament and/or the persons authorised by it any document or information likely to enable that assessment to be successfully completed and to give them the rights of access provided for in Article II.17.

+++++ TIFF +++++

ARTICLE II.6 ‘�FORCE MAJEURE

II.6.1. Force majeure shall mean any unforeseeable and exceptional situation or event which is outside the control of the parties to the agreement, which cannot be attributed to error or negligence on their part, which prevents one of the parties to the agreement from meeting any of its obligations under the agreement and which proves insurmountable in spite of all due diligence. Defects in equipment or material or delays in making them available (unless due to force majeure), labour disputes, strikes or financial problems may not be invoked as force majeure by the defaulting party.

II.6.2. If one of the parties to the agreement is faced with an instance of force majeure, it shall inform the other party without delay, by registered letter with advice of delivery or equivalent, stating the nature, probable duration and likely effects of the event in question.

II.6.3 Neither of the parties shall be held to be in breach of one of its obligations under the agreement if it has been prevented from fulfilling that obligation by force majeure. The parties to the agreement shall make every effort to minimise any damage which might be caused by an instance of force majeure.

ARTICLE II.7 ‘�AWARD OF CONTRACTS

If the Beneficiary is required to conclude contracts for the purposes of implementing the programme of activities and those contracts constitute eligible expenditure under the operating budget, the Beneficiary shall be required to seek competitive tenders from potential contractors and to award the contract to the contractor making the most economically advantageous bid, i.e. the bid offering the best value for money; in so doing it shall observe the principles of transparency and equal treatment of potential contractors and shall take care to avoid any conflict of interests.

The Beneficiary shall bear sole liability in respect of the implementation of the programme of activities and compliance with the provisions of the agreement. The Beneficiary undertakes to make all the arrangements required to ensure that the contractor agrees to waive all rights vis-脿-vis the European Parliament under the agreement.

ARTICLE II.8 ‘�ASSIGNMENT

Claims held against the European Parliament shall be unassignable.

By way of exception, in duly substantiated cases the European Parliament may authorise the assignment of all or part of the agreement and the payments arising from it to a third party, on the basis of a reasoned written request to that effect from the Beneficiary. The European Parliament must give its agreement in writing prior to the proposed assignment. Should that agreement not be given, or should the conditions attaching to it not be observed, the assignment shall not be binding on the European Parliament and shall have no effect on it.

Under no circumstances may such a transfer release the Beneficiary from its obligations vis-脿-vis the European Parliament.

ARTICLE II.9 ‘�TERMINATION OF THE AGREEMENT

II.9.1. Termination by the Beneficiary

The Beneficiary may waive the grant and terminate the agreement at any time, subject to 30 days‘�notice, without being required to furnish any indemnity on this account.

II.9.2. Termination by the European Parliament

The European Parliament may decide to terminate the agreement, without any indemnity on its part, in the following circumstances:

(a) if the Beneficiary no longer meets the conditions governing funding as laid down in Articles 3, 6 and 7 of Regulation (EC) No 2004/2003;

(b) in the event of a change in the Beneficiary‘檚 situation, whether in the legal, financial, technical, organisational or supervisory sphere, which is liable to affect the agreement substantially or to call into question the decision to award the grant;

+++++ TIFF +++++

(c) if the Beneficiary fails to fulfil a substantive obligation incumbent on it under the terms of the agreement, including its annexes;

(d) in the event of force majeure, notified in accordance with Article II.6;

(e) if the Beneficiary is declared bankrupt, is being wound up or is the subject of any other similar proceedings;

(f) if the Beneficiary is guilty of misrepresentation or submits false reports in order to obtain the grant provided for in the agreement;

(g) if the Beneficiary has, intentionally or through negligence, committed a substantive irregularity in the performance of the agreement and in the event of fraud, corruption or any other illegal activity on the part of the Beneficiary which is detrimental to the financial interests of the European Communities. A substantive irregularity shall mean any breach of a provision of the agreement or statutory provisions resulting from an act or omission by the Beneficiary which proves or might prove damaging to the Community budget;

(h) if the beneficiary is found guilty of an offence involving his professional conduct by a judgment having the force of res judicata or if he is guilty of grave professional misconduct proven by and justified means.

II.9.3. Termination procedure

The termination procedure shall be initiated by registered letter with advice of delivery or equivalent.

In the cases referred to in points (a), (b), (c) and (e) of Article II.9.2, the Beneficiary shall have 30 days in which to submit its observations and take any measures required to ensure continued fulfilment of its obligations under the agreement. If the European Parliament fails to confirm acceptance of these observations by giving written approval within 30 days of receiving them, the termination procedure shall continue to run.

Where notice is given, termination shall take effect at the end of the period of notice, which shall commence on the date on which the European Parliament decision to terminate the agreement is received.

If notice is not given in the cases referred to in points (d), (f), (g) and (h) of Article II.9.2, termination shall take effect from the day following the date on which the European Parliament‘檚 decision to terminate the agreement is received.

II.9.4. Effects of termination

In the event of termination, payments by the European Parliament shall be limited to the eligible expenditure actually incurred by the Beneficiary up to the date when termination takes effect, in accordance with the provisions of Article II.15. Expenditure relating to current commitments which are not due to be executed until after termination shall not be taken into account. The Beneficiary shall have 60 days from the date when termination takes effect, as notified by the European Parliament, in which to produce a request for final payment in accordance with the provisions of Article II.13.2. If no such request is received within this time-limit, the European Parliament shall not reimburse the expenditure incurred by the Beneficiary up to the date of termination and shall recover any amount the use of which is not substantiated by the activity reports and financial statements it has approved.

By way of exception, if, at the end of the period of notice referred to in Article II.9.3, the European Parliament terminates the agreement on the grounds that the Beneficiary has failed to produce the final report on the implementation of the programme of activities and the final financial statement of the eligible expenditure actually incurred within the time-limit laid down in Article I.4.2 and that it has still not met that obligation within two months of receipt of the written reminder forwarded by the European Parliament by registered letter with advice of delivery or equivalent, the European Parliament shall not reimburse the expenditure incurred by the Beneficiary up to the date marking the end of the period of eligibility for Community funding and it shall recover any amount whose use is not substantiated by the activity reports and financial statements it has approved.

By way of exception, in the event of termination by the European Parliament on the grounds set out in points (f), (g) or (h) of Article II.9.2, the European Parliament may demand the partial or total repayment of sums already paid under the agreement on the basis of activity reports and financial statements it has approved, in proportion to the gravity of the failings in question and after allowing the Beneficiary to submit its observations.

+++++ TIFF +++++

II.9.5. Others termination grounds

If the political party at European level with which a political foundation at European level is affiliated forfeits its status, the political foundation at European level in question shall be excluded from funding under this Regulation.

If the European Parliaments finds that any of the conditions referred to in Article 3(2)(c) are no longer satisfied, the political foundation at European level in question shall be excluded from funding under this Regulation.

ARTICLE II.10 ‘�STATUTORY FINANCIAL PENALTIES

Pursuant to the Financial Regulation, any Beneficiary declared to be in serious breach of its obligations under the agreement shall be liable to financial penalties of between 2 % and 10 % of the value of the grant in question, in keeping with the principle of proportionality. That rate may be between 4 % and 20 % in the event of a further breach of obligations in the five years following the first. Any decision by the European Parliament to impose these financial penalties shall be notified to the Beneficiary in writing.

ARTICLE II.11 ‘�ADDITIONAL AGREEMENTS

II.11.1. Any amendment to the agreement must be the subject of a written additional agreement. No verbal agreement may bind the parties to this effect.

II.11.2. The additional agreement may not have as its purpose or effect that of making substantial modifications to the agreement likely to call into question the decision to award the grant or that of breaching the principle of equal treatment for grant applicants.

II.11.3. If the request for amendment is made by the Beneficiary, it must forward it to the European Parliament in good time before it is due to take effect and, at all events, one month prior to the end of the period of eligibility for Community funding, except in cases duly substantiated by the Beneficiary and accepted by the European Parliament.

PART B: FINANCIAL PROVISIONS

ARTICLE II.12 ‘�ELIGIBLE EXPENDITURE

II.12.1. In order to be considered as eligible for Community funding, expenditure must meet the following general criteria:

‘�it must be directly related to the subject-matter of the agreement and must be provided for in the provisional budget annexed to the agreement,

‘�it must be necessary to implementation of the programme of activities covered by the agreement,

‘�it must be reasonable and justified and must be consistent with the principles of sound financial management, in particular value for money and cost-effectiveness,

‘�it must be generated during the period of eligibility for Community funding as defined in Article I.2.2 of the agreement, with the exception of costs relating to final reports and certificates on the financial statements and underlying accounts,

‘�it must actually be incurred by the Beneficiary, must be recorded in the Beneficiary‘檚 accounts, in accordance with the accounting principles applicable to it, and must have been the subject of the declarations laid down by the applicable tax and social security laws,

‘�it must be identifiable and verifiable.

The Beneficiary‘檚 accounting and internal audit procedures must make it possible to carry out a direct reconciliation of the expenditure and revenue declared under the programme of activities with the accounting statements and the corresponding supporting documents.

+++++ TIFF +++++

II.12.2. In particular, and provided that it meets the criteria laid down in the previous paragraph, the following operating expenditure shall be regarded as eligible:

‘�administrative costs and costs linked to technical support, meetings, research, cross-border events, studies, information and publications,

‘�personnel costs, comprising actual salaries plus social security contributions and other statutory costs included in remuneration, provided that they do not exceed the average rates under the Beneficiary‘檚 usual policy on remuneration,

‘�travel and subsistence expenses for staff, provided that they are consistent with the Beneficiary‘檚 usual practices regarding travel costs,

‘�the cost of purchasing equipment, provided that the items concerned are intended primarily for use in implementing the programme of activities and they are valued and depreciated in accordance with Article 9(2) of the Regulation (EC) No 2004/2003. Only the portion of the depreciation of the item corresponding to the period of eligibility for Community funding covered by the agreement may be taken into account by the European Parliament, except where the nature and/or the context of the use of the item justifies different treatment by the European Parliament,

‘�costs of consumables and supplies,

‘�costs stemming from other contracts awarded by the Beneficiary for the purposes of implementing its programme of activities, provided that the conditions laid down in Article II.7 are met,

‘�costs arising directly from requirements imposed by the agreement (in particular the cost of audits), including, if appropriate, the costs of financial services (in particular the cost of financial guarantees).

II.12.3. The following shall not be considered eligible:

‘�capital injections and compensation for use of capital,

‘�debts and debt service charges,

‘�provisions,

‘�interest owed,

‘�doubtful claims on third parties,

‘�exchange losses,

‘�VAT, unless the Beneficiary can show that it is unable to recover it,

‘�expenditure declared and borne in connection with a specific action giving rise to a Community grant,

‘�excessive or reckless expenditure.

II.12.4. In duly substantiated cases, the European Parliament may accept that the co-funding of specific measures forming part of the programme of activities referred to in Article I.3.2 should in part take the form of contributions in kind. In that event, the value of such contributions must not exceed:

‘�either the costs actually borne and duly supported by accounting documents of the third parties who made these contributions to the beneficiary free of charge but bear the corresponding costs,

‘�or the costs generally accepted on the market in question for the type of contribution concerned when no costs are borne.

Contributions in the form of immovable property shall be excluded from the scope of this provision.

Where co-funding in kind takes place, the contributions valued in this way shall appear, in the same amount, in the expenditure on implementing the programme of activities, as eligible expenditure, and in the revenue for the programme of activities, as co-funding in kind. The Beneficiary undertakes to use these contributions in accordance with the conditions laid down in the agreement.

+++++ TIFF +++++

ARTICLE II.13 ‘�PAYMENTS

Payments shall be made in accordance with Article I.4.

II.13.1. Pre-financing

The pre-financing shall be intended to provide the Beneficiary with cash resources. The pre-financing may not exceed 80 % of the maximum amount of the grant as specified in Article I.3.2.

II.13.2. Payment of the balance of the grant

The balance shall be paid once the period of eligibility for Community funding has come to an end, on the basis of the expenditure actually incurred by the Beneficiary in implementing the programme of activities. If the total amount of the preceding payments exceeds the figure determined for the final grant, the European Parliament shall recover the sums unduly paid.

By 15 May and at the latest by 30 June following the end of the financial year, the Beneficiary must submit the following documents with a view to enabling the European Parliament to pay the balance of the grant:

‘�a final report on the implementation of the programme of activities,

‘�a final financial statement of the eligible expenditure actually incurred, based on the structure of the provisional budget,

‘�a comprehensive summary of revenue and expenditure corresponding to the Beneficiary‘檚 accounts for the period of eligibility covered by the agreement,

‘�a report on an external audit of the Beneficiary‘檚 accounts carried out by an independent body or expert authorised under national law to audit accounts.

The purpose of the external audit shall be to certify that

‘�the financial statements have been prepared in accordance with the national legislation applicable to the beneficiary, are free of material misstatement and show a true and fair view of the financial position and the operating results,

‘�the financial documents submitted by the beneficiary to Parliament are consistent with the financial provisions of the grant agreement,

‘�the expenditure declared was actually incurred,

‘�the statement of revenue is exhaustive,

‘�the obligations arising out of Articles 6, 7, 8 and 10 (2) of Regulation (EC) No 2004/2003 have been met.

Should a decision be taken not to pay the balance of the grant, upon receipt of the documents referred to in the second paragraph, and within two months, the Bureau, acting on a proposal from the Secretary-General, and after hearing the representatives of the beneficiary concerned shall approve the final report on the implementation of the programme of activities and the final financial statement.

The Bureau and, when the Bureau decision is being prepared, the Secretary-General may ask the Beneficiary to supply supporting documents or any further information it regards as necessary to enable it to approve the final report and the final financial statement. The Beneficiary shall have 15 days in which to submit the supporting documents concerned.

After hearing the representatives of the beneficiary concerned, the Bureau may reject the final report and the final financial statement and call for the submission of a fresh report and a fresh financial statement. The Beneficiary shall have 15 days in which to submit a fresh report and a fresh financial statement.

+++++ TIFF +++++

Should Parliament not respond in writing within a period of two months, the final report and the final financial statement shall be deemed approved.

Requests for additional information or a fresh report shall be notified to the Beneficiary in writing. The Beneficiary shall have the period of 15 days specified in Article I.4 above in which to submit the information or new documents requested.

Should additional information be requested, the time-limit for scrutiny shall be extended by the time needed to obtain the information concerned.

If a report is rejected and a fresh report is requested, the approval procedure set out in this article shall apply.

In the event of renewed rejection, the European Parliament reserves the right to terminate the agreement by invoking point (c) of Article II.9.2.

ARTICLE II.14 ‘�GENERAL PROVISIONS GOVERNING PAYMENTS

II.14.1. Payments shall be made by the European Parliament in euros. Any conversion of actual costs into euros shall be made at the daily rate published in the Official Journal of the European Union or, failing that, at the monthly accounting rate established by the European Parliament and published on its Internet site, on the day when the payment order is issued by the European Parliament, save where expressly provided otherwise in the Specific Terms and Conditions.

Payments by the European Parliament shall be regarded as effected on the date on which they are debited to the European Parliament‘檚 account.

II.14.2. The European Parliament may suspend the payment periods laid down in Article I.4 at any time by notifying the Beneficiary concerned that its request for payment is not admissible, either because it does not comply with the provisions of the agreement, or because appropriate supporting documents have not been produced, or because there is a suspicion that some of the expenditure included in the financial statement is not eligible and additional checks are being conducted.

The European Parliament may also suspend its payments at any time if the Beneficiary is found or presumed to have breached the provisions of the agreement, in particular in the light of the findings of the audits and checks provided for in Article II.17.

The European Parliament shall notify the Beneficiary of any such suspension by registered letter with advice of delivery or equivalent. The suspension shall take effect on the date on which the notification is dispatched by the European Parliament. The period for payment shall begin to run once again from the date on which the request for payment, correctly drawn up, is registered, from the date of receipt of the supporting documents requested, or from the end of the period of suspension as notified by the European Parliament.

II.14.3. On expiry of the payment periods laid down in Article I.4, and without prejudice to paragraph 2 of this article, the Beneficiary is entitled to interest on the late payment at the rate applied by the European Central Bank for its main refinancing operations in euros, plus three and a half points; the reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union.

The late-payment interest shall cover the period between the final date for payment, exclusive, and the date of payment as defined in paragraph 1 of this Article, inclusive. Such interest shall not be regarded as revenue for the purposes of determining the final grant within the meaning of Article II.15.4. The suspension of payment by the European Parliament may not be regarded as late payment.

By way of exception, when the interest calculated in accordance with the provisions of the first and second subparagraphs is lower than or equal to EUR 200, it shall be paid to the beneficiary only upon demand submitted within two months of receiving late payment.

II.14.4. The Beneficiary shall notify the European Parliament of the amount of interest or equivalent benefits yielded by the pre-financing it has received from the European Parliament.

The European Parliament shall deduct the interest yielded by pre-financing which exceeds EUR 50 000 as provided for in Article I.4 from the payment of the balance of the amount due to the beneficiary. The interest shall not be treated as a receipt within the meaning of Article II.15.4.

+++++ TIFF +++++

Where the pre-financing payments exceed EUR 750 000 per agreement at the end of each financial year, the interest shall be recovered for each reporting period. Taking account of the risks associated with the management environment and the nature of actions financed, the European Parliament may recover the interest generated by pre-financing lower than EUR 750 000 at least once a year.

Where the interest yielded exceeds the balance of the amount due to the beneficiary as indicated in Article II.13.2, or is generated by pre-financing referred to in the previous subparagraph, the European Parliament shall recover it in accordance with Article II.16.

II.14.5. The Beneficiary shall have a period of two months from the date of notification by the European Parliament of the amount of the final grant determining the amount of the balance to be paid or of the recovery order, pursuant to Article II.15, or, failing that, the date of receipt of the balance, to request information in writing on the determination of the final grant, substantiating any objections it might raise. Once that deadline has passed, such requests shall no longer be considered. The European Parliament undertakes to reply in writing within two months from the date of receipt of the request for information, giving reasons for its reply. This procedure shall be without prejudice to the possibility for the Beneficiary to appeal against the European Parliament‘檚 decision pursuant to Article I.7. In accordance with the relevant provisions of Community law, such an appeal must be lodged within two months following notification of the decision to the appellant, or, failing that, from the day on which the latter had cognisance of the decision.

ARTICLE II.15 ‘�DETERMINATION OF THE FINAL GRANT

II.15.1. Irrespective of the information obtained subsequently in connection with the checks and audits, and after hearing the representatives of the beneficiary concerned requesting to be heard, the Bureau shall determine the amount of the final grant to be awarded to the Beneficiary on the basis of the documents referred to in Article II.13.2 which it has approved.

II.15.2. Under no circumstances may the total amount to be paid to the Beneficiary by the European Parliament exceed the maximum amount of the grant laid down in Article I.3.2, even if the total eligible expenditure actually incurred exceeds the total amount of the estimated eligible expenditure as referred to in Article I.3.1.

II.15.3 If, at the end of the eligibility period, the eligible expenditure actually incurred is lower than the estimated eligible expenditure, the European Parliament‘檚 contribution shall be limited to the maximum amount of the grant laid down in Article I.3.2 and may under no circumstances exceed 85 % of the eligible expenditure actually incurred.

II.15.4. The Beneficiary hereby agrees that the grant shall be limited to the amount needed to balance revenue and eligible expenditure in its operating budget for the programme of activities and that the grant may not under any circumstances produce a profit for it.

Profit shall be defined as any surplus in the Beneficiary‘檚 total actual operating revenue when set against its total actual operating expenditure. Actual revenue shall be regarded as that established, generated or confirmed on the date when the Beneficiary draws up the request for payment of the balance, in respect of funding other than the Community grant, to which must be added the amount of the grant determined by applying the principles laid down in paragraphs 2 and 3 of this article. For the purposes of this article, only actual operating expenditure set out in the Beneficiary‘檚 financial statements and falling within the categories of expenditure set out in the provisional budget referred to in Article I.3.1, and contained in Annex II, shall be taken into account; at all events, non-eligible expenditure shall be covered by non-Community resources.

Any surplus determined in this way shall give rise to a corresponding reduction in the amount of the grant.

II.15.5. Without prejudice to the right to terminate the agreement pursuant to Article II.9, and without prejudice to its right to impose the penalties specified in Article II.10, the European Parliament may reduce the grant originally provided for in the event of the non-implementation, improper implementation, partial implementation or late implementation of the agreed programme of activities, in line with the actual implementation of the programme of activities and on the terms laid down in the agreement.

+++++ TIFF +++++

II.15.6. On the basis of the amount of the final grant thus determined and the cumulative amount of the payments previously made under the agreement, the European Parliament shall lay down the amount of the balance to be paid, which shall be equal to the amounts still due to the Beneficiary. If the cumulative amount of the payments previously made exceeds the amount of the final grant, the European Parliament shall issue a recovery order in respect of the excess amount.

ARTICLE II.16 ‘�RECOVERY

II.16.1. If amounts have been unduly paid to the Beneficiary or if a recovery procedure is justified under the terms of the agreement, the Beneficiary shall repay the amounts concerned to the European Parliament, in accordance with the terms and by the deadline laid down by the European Parliament.

II.16.2. Should the Beneficiary fail to make the repayment by the deadline laid down by the European Parliament, the latter shall charge on the sums due late-payment interest at the rate laid down in Article II.14.3. The late-payment interest shall cover the period between the deadline laid down for repayment, exclusive, and the date on which the European Parliament receives full repayment of the sums due, inclusive.

Any partial repayment shall first be entered against charges and late-payment interest and then against the principal.

II.16.3. If no repayment has been made by the deadline laid down, the sums due to the European Parliament may be recovered by offsetting them against any sums owed to the Beneficiary on whatever account, following prior notification by registered letter with advice of delivery or equivalent. In exceptional circumstances, justified by the need to safeguard the financial interests of the Communities, the European Parliament may recover by offsetting before the due date of the payment. The Beneficiary‘檚 prior consent shall not be required.

II.16.4. Bank charges occasioned by the recovery of the sums owed to the European Parliament shall be borne solely by the Beneficiary.

ARTICLE II.17 ‘�CHECKS AND AUDITS

II.17.1. The Beneficiary shall supply all the detailed information requested to the European Parliament, or to any other external body authorised by the European Parliament, so that the latter can verify the proper implementation of the programme of activities and the provisions of the agreement.

II.17.2. The Beneficiary shall keep at the European Parliament‘檚 disposal all the original documents, in particular accounting, bank and tax documents, or, in duly substantiated exceptional cases, certified true copies of the original documents, relating to the agreement for a period of five years from the date on which the balance of the amounts due, as referred to Article I.4 of the agreement, is paid.

II.17.3. The Beneficiary shall ensure that the European Parliament, either directly through its own staff, or through the intermediary of any other external body authorised by it to that effect, can carry out an audit of the way the grant has been used. Such audits may be carried out throughout the lifetime of the agreement, up to the date on which the balance is paid, and for a period of five years as from the date on which the balance is paid. If appropriate, the audit findings may give rise to recovery decisions by the European Parliament.

II.17.4. The Beneficiary undertakes to grant European Parliament staff and outside personnel authorised by the European Parliament an appropriate right of access to its premises and to all the information, including in electronic format, required to carry out such audits.

II.17.5. Pursuant to Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (5), OLAF may also carry out checks and verifications on the spot, in accordance with the procedures laid down by Community law with a view to protecting the financial interests of the European Communities against fraud and other irregularities. If appropriate, the findings may give rise to recovery decisions by the European Parliament.

(5) OJ L 136, 31.5.1999, p. 1.

+++++ TIFF +++++

II.17.6. The European Court of Auditors shall enjoy the same rights, in particular of access, as the European Parliament for the purposes of carrying out checks and audits.

SIGNATURES

For the Beneficiary

For the European Parliament

[name/forename/function]

[name/forename]

[signature]

[signature]

Done at

Done at

[place], [date]

[place], [date]

In duplicate in English.

+++++ TIFF +++++

--------------------------------------------------

Annex: Breakdown of the provisional operating budget

Expenditure |

Eligible expenditure | Budget | Actual |

A.1:Personnel costs

1.Salaries | | |

2.Contributions | | |

3.Professional training | | |

4.Staff missions expenses | | |

5.Other personnel costs | | |

A.2:Infrastructure and operating costs

1.Rent, charges and maintenance costs | | |

2.Costs relating to installation, operation and maintenance of equipment | | |

3.Depreciation of movable and immovable property | | |

4.Stationery and office supplies | | |

5.Postal and telecommunications charges | | |

6.Printing, translation and reproduction costs | | |

7.Other infrastructure costs | | |

A.3:Administrative expenditure

1.Documentation costs (newspapers, press agencies, databases) | | |

2.Costs of studies and research | | |

3.Legal costs | | |

4.Accounting and audit costs | | |

5.Support to affiliated organisations and subsidies to third parties | | |

6.Miscellaneous administrative costs | | |

A.4:Meetings and representation costs

1.Costs of meetings of the political party | | |

2.Participation in seminars and conferences | | |

3.Representation costs | | |

4.Costs of invitations | | |

5.Other meeting-related costs | | |

A.5:Information and publication costs

1.Publication costs | | |

2.Creation and operation of Internet sites | | |

3.Publicity costs | | |

4.Communications equipment (gadgets) | | |

5.Seminar and exhibitions | | |

6.Election campaigns [1] | | |

7.Other information-related costs | | |

A.6:expenditure relating to contributions in kind | | |

A.7:Allocation to "Provision to cover eligible expenditure to be incurred in the first quarter of N+1" [1] | | |

A.TOTAL ELIGIBLE EXPENDITURE | | |

B.1Non-eligible expenditure

1.Allocations to other provisions | | |

2.Financial charges | | |

3.Exchange losses | | |

4.Doubtful claims on third parties | | |

5.Others (to be specified) | | |

B.TOTAL NON-ELIGIBLE EXPENDITURE | | |

C.TOTAL EXPENDITURE | | |

H.1Allocation of own resources to the specific reserve account [1] | | |

H.Profit/loss for verifying compliance with the no-profit rule (G-H.1) [1] | | |

Revenue |

| Budget | Actual |

D.1Dissolution of "Provision to cover eligible costs to be incurred in the first quarter of N" [1] | | |

D.2European Parliament grant | | |

D.3membership fees | | |

3.1from member parties | | |

3.2from individual members | | |

D.4Donations | | |

4.1above 500 EUR | | |

4.2below 500 EUR | | |

D.5Other own resources (to cover eligible expenditure) (to be listed) | | |

| | |

D.6Contributions in kind | | |

| | |

D.REVENUE (to cover eligible expenditure) | | |

| | |

E.1Additional other own resources (to cover non-eligible expenditure) (to be listed) | | |

E.REVENUE (to cover non-eligible expenditure) | | |

F.TOTAL REVENUE | | |

G.profit/loss (F-C) | | |

[1] Not applicable to political foundations at European level

--------------------------------------------------

Top

托管标准,您可以接收以下服务:

1 标准定期系统查新,若有最新版本,会以站内短信或邮件的形式通知用户;

2 随时在标准托管页面中查看到该条标准的最新状态;

3 若用户有在学习和科研中的需要,可以在标准托管页面中试阅标准;

4 企业如果需要上新产品,我院及时提供标准查询、采购等方面的支持;

5 为企业在标准制修订、企业良好行为创建以及标准化试点过程中遇到的困难,可联系我院指定相关专家负责进行指导帮助、提供政策咨询;

6 为企业提供标准化政策的解读、标准化知识的推广培训、标准自我公开声明、标准文献的免费查询、企业标准化体系建设等方面的标准化服务;

进入企业标准托管

您可以通过编辑查新模板,批量查询指定标准集的最新情况。我们会通过查询,向您展示您所查询标准的:

1. 准确的标准号及标准名称(我们通过人工智能技术对您提交的标准号进行自动纠正)

2. 标准的最新状态(现行、废止或未发布)

3. 若标准已废止并被新标准替代,会反馈被替代的标准

4. 若您已托管此标准,便可以实时跟踪这个标准的最新状态

标准查新 模板下载

您可以在这里检索全球超过140万条标准,支持上百个国内国际标准组织的标准查询。您也可以在这里检索国内各类国家、部委和地方的法律法规。

更多标准子库在持续建设中。

标准检索

标准资讯点击排行榜 全部

资讯标题点击

[[ n.title ]] [[ n.read ]]

大连标准化公共服务平台

版权:大连标准化研究院有限公司

地址:大连市中山区高原街56号

电话:0411-82740851

大连标准