Duration of the joint operational programmes
1. The period of execution of each joint operational programme shall start at the earliest at the date of the adoption of the joint operational programme by the Commission and end on 31 December 2016 at the latest.
2. This period of execution shall comprise the following phases:
(a)
an implementation phase for the joint operational programme with a maximum duration of seven years ending at 31 December 2013 at the latest. No call for tenders or call for proposals may be launched and no contract may be signed after this date, with the exception of audit and evaluation contracts;
(b)
an implementation phase for projects financed by the joint operational programme starting at the same time as the implementation phase for the programme and ending on 31 December 2014 at the latest. All activities of projects financed by the programme shall end by that date at the latest;
(c)
a financial closure phase for the joint operational programme including the financial closure of all contracts concluded as part of the programme, the ex post evaluation of the programme, the submission of the final report and the final payment or final recovery by the Commission. This phase shall end on 31 December 2016 at the latest.
Early termination of the programme
1. In the cases described in Article 9(10)(c) and (d) of Regulation (EC) No 1638/2006 and in other duly justified cases, the Commission may decide to terminate the joint operational programme before the expiry date of the period of execution, at the request of the Joint Monitoring Committee or on its own initiative after having consulted the Joint Monitoring Committee.
2. In this case the Joint Managing Authority shall refer the request to the Commission and transmit the final report within the deadline of three months following the decision of the Commission. After clearing the previous pre-financing payments, the Commission shall pay the final balance or, where appropriate, issue the final recovery order vis-à-vis the Joint Managing Authority. The Commission shall also decommit the balance of commitments.
3. Where the programme is terminated because partner countries do not sign financing agreements within the required deadlines, budgetary allocations already committed to cross-border cooperation under the European Neighbourhood and Partnership Instrument under heading 1B of the Financial Perspective (Interinstitutional Agreement 2006/C 139/01) shall remain available for their normal lifetime but may be used only for activities which take place exclusively in the Member States concerned. The European Neighbourhood and Partnership Instrument allocations committed to the cross-border cooperation from heading 4 of the Financial Perspectives (Interinstitutional Agreement 2006/C 139/01) shall be decommitted.
4. If partner countries do not sign the financing agreement or the Commission decides to terminate the joint operational programme before the normal expiry date of the programme, the following procedure shall apply:
(a)
for the European Neighbourhood and Partnership Instrument allocations for cross-border cooperation from heading 1B of the Financial Perspective (Interinstitutional Agreement 2006/C 139/01), the amounts earmarked for future annual commitments of the joint operational programme concerned shall be used within the framework of the European Regional Development Fund (ERDF) in accordance with the procedures referred to in Article 9(10) of Regulation (EC) No 1638/2006;
(b)
for the European Neighbourhood and Partnership Instrument allocations for cross-border cooperation from heading 4 of the Financial Perspectives (Interinstitutional Agreement 2006/C 139/01), the amounts earmarked for future annual commitments of the joint operational programme concerned shall be used to finance other programmes or projects eligible under Regulation (EC) No 1638/2006.
Keeping of documents
The Joint Managing Authority and the various project beneficiaries and partners shall, for seven years from the date of payment of the balance for the programme or for a project, keep all documents related to the joint operational programme or a project, in particular the reports and supporting documents as well as accounts, accounting documents and any other document relating to the financing of the joint operational programme (including, for the Joint Managing Authority, all documents relating to the selection and to contracts) and of the project.
Closure of the programme
1. A joint operational programme shall be considered closed after:
(a)
all the contracts concluded under the programme have been closed;
(b)
the final balance has been paid or reimbursed;
(c)
remaining appropriations have been decommitted by the Commission.
2. The closure of the operational programme shall not prejudice the Commission's right to undertake, at a later stage, financial corrections vis-à-vis the Joint Managing Authority or the project beneficiaries if the final amount of the programme or the projects has to be readjusted as a result of controls carried out after the closure date.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
