Commission Delegated Regulation (EU) No 1268/2012 (repealed)Show full title

TITLE VII U.K. PRIZES

Article 211 U.K. Programming(Article 138(2) of the Financial Regulation)

1. An annual or multiannual work programme for prizes shall be prepared by each authorising officer responsible. The work programme shall be adopted by the institution and published on the internet site of the institution concerned as soon as possible, and no later than 31 March of the year of implementation.

The work programme shall specify the period it covers, the basic act, if any, the objectives pursued, the expected results, the indicative timetable of contests with the indicative amount of the prizes.

The work programme shall in addition contain the information set out in Article 94 for the decision adopting it to be considered as the financing decision for the prizes of the year concerned.

2. Any substantial change in the work programme shall also be adopted and published as provided for in paragraph 1.

Article 212 U.K. Rules of contests(Article 138(2) of the Financial Regulation)

1. Rules of contests shall lay down the following:

(a) the conditions for participation, which shall at least:

(i)

specify the eligibility criteria;

(ii)

specify the arrangements and final date for the registration of participants, if required, and for the submission of entries, under the conditions set out in paragraph 2;

(iii)

provide for exclusion of participants which are in one of the situations referred to in Article 106(1) and Articles 107, 108 and 109 of the Financial Regulation;

(iv)

provide for the sole liability of participants in case of claim relating to the activities carried out in the framework of the contest;

(v)

provide for acceptance by the winners of checks and audits by the Commission, OLAF and the Court of Auditors and of the publicity obligations as specified in the rules of the contest;

(vi)

state that Union law is the law which applies to the contest, complemented, where necessary, by national law as specified in the rules of contest;

(vii)

specify the competent court or arbitration tribunal to hear disputes;

(viii)

state that financial or administrative penalties, or both, may be imposed on participants who have made false declarations, or committed irregularities or fraud, in accordance with the conditions laid down in Article 145 and in proportion to the value of the prizes in question;

(b) the award criteria, which shall be such as to make possible to assess the quality of the entries with regard to the objectives pursued and the expected results and to determine objectively whether entries qualify as the winners;

(c) the amount of the prize or prizes;

(d) the arrangements for the payment of prizes to the winners after their award.

For the purposes of point (a)(i) of the first subparagraph, beneficiaries of Union grants shall be eligible, unless stated otherwise in the rules of contest.

For the purposes of point (a)(vi) of the first subparagraph, derogation may be made in the case of participation of international organisations.

2. The authorising officer responsible shall choose means of communication which are non-discriminatory in nature for the submission of entries and which have no effect of restricting the access of participants to the contest.

The means of communication chosen shall be such as to ensure that the following conditions are satisfied:

(a) each entry contains all the information required for its evaluation;

(b) the integrity of data is preserved;

(c) the confidentiality of entries is preserved;

(d) the protection of personal data in accordance with the requirements of Regulation (EC) No 45/2001 is ensured.

3. Rules of contests may set the conditions for cancelling the contest, in particular where its objectives cannot be fulfilled or where a legal or natural person who does not comply with the conditions for participation would qualify as the winner.

4. Rules of contests shall be published on the internet site of the Union institutions. In addition to the publication on the internet site, rules of contests may also be published by any other appropriate means, including the Official Journal of the European Union, where it is necessary to provide additional publicity among potential participants. They may be published as from the adoption of the financing decision referred to in Article 84 of the Financial Regulation, including during the year preceding budget implementation. Any modification of the content of the rules of contests shall be also subject to publication under the same conditions.

Article 213 U.K. Ex post publication(Article 138(2) of the Financial Regulation)

1. Information relating to prizes awarded in the course of a financial year shall be published in accordance with Article 21.

2. Following the publication referred to in paragraph 1, when requested by the European Parliament and the Council the Commission shall forward them a report on:

(a) the number of participants in the past year;

(b) the number of participants and the percentage of successful entries per contest;

(c) a list of the experts having taken part in panels in the past year, together with a reference to the procedure for their selection.

Article 214 U.K. Evaluation(Article 138(3) of the Financial Regulation)

1. For the purpose of evaluating the entries, the authorising officer responsible shall appoint a panel of at least three experts, who may be outside experts or persons representing at least two organisational entities of the institutions or bodies referred to in Articles 62 and 208 of the Financial Regulation with no hierarchical link between them, except in the representations or local bodies referred to in Article 72 of this Regulation and the delegated bodies referred to in article 62 and 208 of the Financial Regulation, if there are no separate entities.

The experts referred to in the first subparagraph shall be subject to the requirements on conflict of interests laid down in Article 57 of the Financial Regulation.

Outside experts shall declare that they are not in a situation of conflict of interests at the time of appointment and that they undertake to inform the authorising officer if any conflict of interests should arise in the course of the evaluation procedure.

2. Upon completion of their work, the members of the panel shall sign a record of all the entries examined, containing an assessment of their quality and identifying those to which the prizes may be awarded. That record may be signed in an electronic system providing sufficient authentication of the signatory.

The record referred to in the first subparagraph shall be kept for future reference.

3. The authorising officer responsible shall then decide whether or not to award the prizes. That decision shall also specify the following:

(a) the subject and total amount of prizes awarded, if any;

(b) the names of the winning participants, if any, the amount of the prizes awarded to each wining participant and the reasons for that choice;

(c) the names of any participant rejected and the reasons for that rejection.

Article 215 U.K. Information and notification(Article 138(3) of the Financial Regulation)

1. Participants shall be informed as soon as possible of the outcome of the evaluation of their entry and in any case within 15 calendar days after the award decision has been taken by the authorising officer.

2. The decision to award the prize shall be notified to the winning participant and shall serve as the legal commitment within the meaning of Article 86 of the Financial Regulation.