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Commission Regulation (EC) No 951/2007 SECTION 4 — Eligible expenditure of the joint operational programme

Article 33–Article 36 · 4 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Eligible costs at joint operational programme level

Article 33

1.   In order to be eligible for Community financing, the expenditure of the joint operational programme must be incurred during the programme's period of execution, as defined in Article 43. 2.   To be considered eligible as technical assistance costs, costs relating to the implementation of the joint operational programme by the Joint Managing Authority must: (a) be necessary for implementing the programme in compliance with the criteria defined by the programme and by the Joint Monitoring Committee and comply with the principles of sound financial management, in particular value for money and cost-effectiveness; (b) be recorded in the accounts of the programme, be identifiable, verifiable and backed by original supporting documents; (c) have been incurred in compliance with the relevant procurement procedures. 3.   Subject to paragraphs 1 and 2, the following costs shall be eligible: (a) the cost of staff assigned to the programme, corresponding to actual salaries plus social security charges and other remuneration-related costs. Salaries and costs must not exceed those normally borne by the structures hosting the Joint Managing Authority or the Joint Technical Secretariat, unless it is justified by showing that this is essential to carrying out the joint operational programme; (b) travel and subsistence costs for staff and other persons taking part in the joint operational programme, provided they do not exceed those normally borne by the authorities appointed to manage the programme. Any flat-rate reimbursement of the subsistence costs must not exceed the rates of the scales published by the European Commission at the time of the adoption of the joint operational programme; (c) purchase or rental costs for equipment and supplies (new or used) specifically for the purposes of the Joint Managing Authority or the Joint Technical Secretariat for implementation of the joint operational programme and costs of services, provided they correspond to market rates; (d) the cost of consumables; (e) indirect costs to cover administrative overheads; (f) the subcontracting expenditure; (g) costs deriving directly from requirements imposed by this Regulation and the programme (for example, information and visibility operations, evaluations, external audits, translations etc.) including financial service costs (in particular the cost of bank transfers).

Non-eligible costs at joint operational programme level

Article 34

The following costs relating to the implementation of the joint operational programme by the Joint Managing Authority shall not be considered eligible as technical assistance costs: (a) debts and provisions for losses or debts; (b) interest owed; (c) items already financed in another framework; (d) purchases of land or buildings; (e) exchange-rate losses; (f) taxes, including VAT, unless the Joint Managing Authority cannot reclaim them and the applicable regulations authorise coverage of taxes; (g) loans to third parties; (h) fines.

Contributions in kind at the joint operational programme level

Article 35

Any contributions in kind from the participating countries, or any other source, shall be listed separately in the budget of the joint operational programme and shall not be eligible. They may not be considered part of the minimum 10 % co-financing requirement for the participating countries referred to in Article 20. The cost of staff assigned by participating countries to technical assistance for the programme shall not be considered a contribution in kind and cannot be considered as co-financing in the budget of the programme, with the exception of the initial in-kind contribution by the Joint Managing Authority referred to in Article 19(3) of this Regulation.

Eligible costs at projects level

Article 36

1.   Expenditure for each project shall be incurred during the period of execution of each relevant contract. 2.   Eligible costs, non-eligible costs and the possibility of contributions in kind at project level shall be described in the contracts concluded with the beneficiaries or contractors.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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