PART IISPECIFIC PROVISIONS
TITLE IICROSS–BORDER COOPERATION COMPONENT
CHAPTER IIProgramming
Section 2Operations
Article 96Responsibilities of the lead beneficiary and the other beneficiaries
1
For cross-border programmes concerning the cooperation referred to under Article 86(1)(a), the final beneficiaries of an operation shall appoint a lead beneficiary among themselves prior to the submission of the proposal for the operation. The lead beneficiary shall assume the following responsibilities:
a
it shall lay down the arrangements for its relations with the final beneficiaries participating in the operation in an agreement comprising, inter alia, provisions guaranteeing the sound financial management of the funds allocated to the operation, including the arrangements for recovering amounts unduly paid;
b
it shall be responsible for ensuring the implementation of the entire operation;
c
it shall be responsible for transferring the Community contribution to the final beneficiaries participating in the operation;
d
it shall ensure that the expenditure presented by the final beneficiaries participating in the operation has been paid for the purpose of implementing the operation and corresponds to the activities agreed between the final beneficiaries participating in the operation;
e
it shall verify that the expenditure presented by the final beneficiaries participating in the operation has been validated by the controllers referred to in Article 108.
2
For cross-border programmes concerning cooperation referred to under Article 86(1)(a) implemented under the transitional arrangements laid down in Article 99:
a
the final beneficiaries of an operation in the participating Member States shall appoint a lead beneficiary among themselves prior to the submission of the proposal for the operation. The lead beneficiary shall assume the responsibilities under points (a) to (e) of paragraph 1 for the part of the operation taking place in the Member States;
b
the final beneficiaries of an operation in each participating beneficiary country shall appoint a lead beneficiary among themselves prior to the submission of the proposal for the operation. The lead beneficiary shall assume the responsibilities listed under points (a) to (d) of paragraph 1 for the part of the operation taking place in the respective country.
The lead beneficiaries of the participating Member States and beneficiary countries shall ensure a close coordination of the implementation of the operation.
3
For cross-border programmes concerning cooperation referred to under Article 86(1)(b), the final beneficiaries of an operation in each participating beneficiary country shall appoint a lead beneficiary among themselves prior to the submission of the proposal for an operation. The lead beneficiary shall assume the responsibilities listed under points (a) to (d) of paragraph 1 for the part of the operation taking place in the respective country.
The lead beneficiaries of the participating beneficiary countries shall ensure a close coordination of the implementation of the operation.
4
Each final beneficiary participating in the operation is responsible for irregularities in the expenditure which it has declared.