PART IISPECIFIC PROVISIONS

TITLE IICROSS–BORDER COOPERATION COMPONENT

CHAPTER IIIImplementation

Section 2Cross-border programmes between beneficiary countries and Member States

Sub-section 3Responsibility of participating countries and of the Commission

Article 114Management and control

1

Participating countries shall be responsible for the management and control of cross-border programmes in particular through the following measures:

a

ensuring that management and control systems for cross-border programmes are set up in accordance with Articles 101 and 105 and function effectively;

b

preventing, detecting and correcting irregularities and recovering amounts unduly paid together with interest on late payments where appropriate. They shall notify these to the Commission, and keep the Commission informed of the progress of administrative and legal proceedings.

2

Without prejudice to the participating countries' responsibility for detecting and correcting irregularities and for recovering amounts unduly paid, the certifying authority shall ensure that any amount paid as a result of an irregularity is recovered from the lead beneficiary. The final beneficiaries shall repay the lead beneficiary the amounts unduly paid in accordance with the agreement existing between them. If the lead beneficiary does not succeed in securing repayment from a final beneficiary, the participating country on whose territory the relevant final beneficiary is located shall reimburse the certifying authority the amount unduly paid to that final beneficiary.