Documents to be submitted for the signature of the IPA Subsidy Contract

Transcription

1 CALLS FOR STRATEGIC PROJECT PROPOSALS PRIORITY 1, PRIORITY 2, PRIORITY 3 Documents to be submitted for the signature of the IPA Subsidy Contract The Lead Beneficiaries of projects selected for funding will be notified by the Managing Authority on the amount of Programme contribution approved and on the conditions of approval of the Project (if any). At the same time they will be requested to submit also on behalf of the partnership documents necessary for the finalization of the signature of the IPA Subsidy Contract with the Managing Authority. Here follows a list of documents that could be requested to Lead Beneficiaries for the signature of the IPA Subsidy Contract. In the column who it is indicated which body has to produce that document, even though, as said above, all the documents must be collected and submitted on behalf of the partnership by the only. Where provided by the Programme, available forms have been included in the Strategic Projects - Contracting phase forms folder. Those forms must be obligatorily used and cannot be in any case modified, a part form the sections where Lead/Final Beneficiaries are required to fill in with specific data. Please note that not all the Annexes to the IPA Subsidy Contract will be required to be submitted, namely when they have been already submitted to the Managing Authority (as the Bank Account Identification Notices or the Legal status notice) or when they have not been expressly required (as the update of Project s time plan and/or the budget revision - section 4, 5 and 6 of the Project Application Form). For additional information on some of the documents here listed, Lead Beneficiaries may also refer to 15 of the Call or to 9.2 of the Applicants Manual. 1

2 Documents Form Who 1. No. 3 original copies of the IPA Subsidy Contract, duly dated and signed in original handwriting (no scan, stamp or electronic signature) by the legal representative of the institution. 2. No. 3 original copies of the General conditions of the IPA Subsidy Contract (Annex I of the IPA Subsidy Contract) with the official stamp of the institution. 3. No. 1 original copy of the Partnership Agreement (Annex III of the IPA Subsidy Contract), duly dated and signed in original handwriting (no scan, stamp or electronic signature) by the legal representative of each Final Beneficiary joining the project. 4. Originals or original self-certified copies of the supporting documents not provided in paper version by the Final Beneficiaries 5. A photocopy of identification document of the person who signed the commitment documents and had self-certified the copies of supporting documents required (if not yet provided). 6. The proof of power of attorney of person who signed the commitment documents where it had not been already provided. 7. The Bank Account Identification Notice if not yet provided Form provided with the Funding Allocation Letter General Conditions of the IPA Subsidy Contract vers. 3. Form provided with the Funding Allocation Letter 2_Step_BankAccNotice _final.doc 2

3 8. Request to obtain credentials for the access to M.I.S. M.I.S._User_Form.docx 9. Audit report produced by an approved external auditor, certifying the accounts for the last two available financial years. 10. Land or building registration certificates 1 (certified copies issued by the respective institution which issues land or building registration certificates) or copies certified by a public notary. They can be in the original language. 11. Valid and legally effective construction permit 1 and/or other document required by national law, as environmental permits or environmental impact assessment and legally binding environmental permits 2.The owner of the permit must be partner in the project. 12. Certification that the Final Beneficiary that is has 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 it is established. This certificate may be provided in one of the following ways 3 : Private and bodies governed by public law Final Beneficiaries receiving a grant exceeding EUR ,00 Final Beneficiaries which have planned to realize investments which need such certificates. Final Beneficiaries which have planned to realize investments which need such certificates. Private Final Beneficiaries with the exclusion of Italian Final Beneficiaries 4 1 It is recommended to submit the relevant permit/authorisation before signing the IPA Subsidy contract. In any case, it must be submit to the Managing Authority prior to starting the selection procedure of who providers the construction works. 2 For instance the Slovenian Applicants are required by the "Decree on the Uniform Methodology for the Preparation and Treatment of Investment Documentation in the Field of Public Finance" to produce a Document of Identification of an Investment Project (DIIP) and for larger investments the Investment Plan (IP) and Pre-investment study. 3 According to the Italian in force law (D. Lgs. N. 163/2006, art and 38.5). 3

4 a. certificate issued by the competent national Authority or b. declaration made before a competent judicial or administrative authority or a notary or before an agency qualified to receive it or c. sworn statement issued by the Final Beneficiary. 13. A certificate showing that the following requirements are satisfied: a) The Final Beneficiary is not bankrupt or being wound up, is having its affairs administered by the courts, has entered into agreement with creditors, has suspended business activities, is the subject of proceedings concerning the matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations; b) The Final Beneficiary has not been convicted of an offence concerning professional conduct by a judgment which, in accordance with legal provisions of the State, has the force of res judicata; c) The Final Beneficiary has not been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal association or any other illegal activity detrimental to the Communities financial interests. Private Final Beneficiaries This certificate may be provided in one of the following ways 3 : a. certificate issued by the competent national Authority (i.e. recent extract from the judicial record or, failing that, an equivalent document recently issued by a judicial or administrative authority in the country of origin or provenance) or 4 According to the Italian in force law (D. Lgs. N. 163/2006, art. 38.3) the certificate proving that the Final Beneficiary has fulfilled obligations relating to the payment of social security contributions (so called DURC ) shall be required by the Contracting (Managing) Authority. 4

5 b. declaration made before a competent judicial or administrative authority or a notary or before an agency qualified to receive it or c. sworn statement issued by the Final Beneficiary Pre-financing payment request, for those projects requiring pre-financing to the Managing Authority 6 Template_prefinancing _payment_request.doc FOR ITALIAN PUBLIC BODIES AND BODIES GOVERNED BY PUBLIC LAW FINAL BENEFICIARIES ONLY 1. Si ricorda a tutti i beneficiari italiani enti pubblici o organismi di diritto pubblico che ai sensi dell art. 35, commi 8 13, del decreto legge 24 gennaio 2012, n. 1 sono tenuti all utilizzo della tesoreria unica presso la Banca d Italia, se non già comunicato in fase di candidatura del progetto, di comunicare quanto prima all Autorità di Gestione, tramite la presentazione di un nuovo Bank Account Identification Notice, il conto disponibile presso la Banca d Italia che sarà utilizzato per le attività progettuali o, se del caso,fornire un autodichiarazione relativa al fatto che non si è tenuti al rispetto dell obbligo di tale contabilità. 2. Si ricorda inoltre di comunicare all AdG il codice CUP assegnato all ente per il progetto finanziato nell ambito del Programma IPA Adriatico, non appena disponibile. 5 Italian private Final Beneficiaries can provide a Dichiarazione sostitutiva resa in conformità alle previsioni del testo unico delle disposizioni legislative e regolamentari in material di documentazione amministrativa di cui al Decreto del Presidente della Repubblica 28 dicembre 2000, n. 445 as ruled by art of D. Lgs. N. 163/ In order to accelerate the pre-financing payment, but it is not a document necessary for the signature of the IPA Subsidy Contract. 5