Commission Regulation (EC) No 718/2007Dangos y teitl llawn

Article 7 Framework agreements and sectoral agreements

1. The Commission and the beneficiary country shall conclude a framework agreement, in order to set out and agree on the rules for cooperation concerning EC financial assistance to the beneficiary country. Where necessary, the framework agreement may be complemented by a sectoral agreement, or sectoral agreements, covering component specific provisions.

2. Assistance under the IPA Regulation can only be granted to the beneficiary country after the framework agreement referred to in paragraph 1 has been concluded and has entered into force.

Where a sectoral agreement has been concluded with the beneficiary country, assistance under the IPA Regulation can only be granted, under the IPA component concerned by the sectoral agreement, after the entry into force of the framework agreement and the sectoral agreement.

By way of derogation from the first subparagraph, where no framework agreement is concluded or where the framework agreement in force concluded under Council Regulations (EEC) No 3906/89(1), (EC) No 1267/1999(2), (EC) No 1268/1999(3), (EC) No 2500/2001(4) or (EC) No 2666/2000(5) does not lay down the minimum provisions listed in paragraph 3, those minimum provisions shall be set down in the financing agreements.

3. The framework agreement shall lay down, in particular, the provisions concerning:

(a) the general rules for Community financial assistance;

(b) the establishment of the structures and authorities needed for management and mentioned in Articles 21, 32 and 33 and any other relevant specific bodies;

(c) the common responsibilities of the aforementioned structures, authorities and bodies, in conformity with the principles set out in Articles 22, 23, 24, 25, 26, 28 and 29;

(d) control requirements and conditions for:

(i)

the accreditation and the monitoring of the accreditation of the national authorising officer by the competent accrediting officer, in conformity with the principles set out in Articles 11, 12 and 15;

(ii)

the accreditation and the monitoring of the accreditation of the operating structure by the national authorising officer, in conformity with the principles set out in Articles 11, 13 and 16;

(iii)

the conferral of management powers by the Commission, in conformity with the principles set out in Articles 11, 14 and 17;

(e) the establishment of an annual statement of assurance by the national authorising officer, as set out in Article 27;

(f) procurement rules, in conformity with Regulation (EC, Euratom) No 1605/2002 and Commission Regulation (EC, Euratom) No 2342/2002(6) laying down detailed rules for the implementation of Regulation (EC, Euratom) No 1605/2002;

(g) the closure of programmes as set down in Articles 47 and 56,

(h) the definitions of irregularity in conformity with Article 2, of fraud, and that of active and passive corruption, in keeping with those contained in Community legislation; the obligation of the beneficiary country to take appropriate preventive measures against active and passive corruption, anti-fraud measures and corrective actions; the rules for recovery of funds in case of irregularity or fraud;

(i) recoveries and financial corrections and adjustments, in conformity with Articles 49 and 50;

(j) the rules for supervision, control and audit by the Commission and the European Court of Auditors;

(k) the rules on taxes, customs duties and other fiscal charges;

(l) information and publicity requirements.

4. A sectoral agreement related to a specific IPA component and complementing the framework agreement may, where appropriate, be concluded. Without prejudice to the arrangements laid down in the framework agreement, it shall include detailed and specific provisions for the management, evaluation and control of the component concerned.

5. In a given beneficiary country, the framework agreement shall apply to all financing agreements as provided for in Article 8.

Where it exists, the sectoral agreement related to a given component shall apply to all the financing agreements concluded in the framework of that component.

(1)

OJ L 375, 23.12.1989, p. 11.

(2)

OJ L 161, 26.6.1999, p. 73.

(3)

OJ L 161, 26.06.1999, p. 87.

(4)

OJ L 342, 27.12.2001, p. 1.

(5)

OJ L 306, 07.12.2000, p. 1.

(6)

OJ L 357, 31.12.2002, p. 1.