Is the · Web viewOJ L 351, 29.12.1998, p. 1. Joint action of 21 December 1998 on making it a...

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Work Programmes 2007-2013 CALLS FOR PROPOSALS 2013 APPLICATION FORM PART B.1 Administrative information Title of the proposed action TENtec number

Transcript of Is the · Web viewOJ L 351, 29.12.1998, p. 1. Joint action of 21 December 1998 on making it a...

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Work Programmes 2007-2013

CALLS FOR PROPOSALS 2013

APPLICATION FORM

PART B.1Administrative information

Title of the proposed action      

TENtec number      

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For TEN-T EA use only

Received on:       Number:      

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ADMINISTRATIVE INFORMATION ON APPLICANTS

1. LEGAL ENTITY

All applicants (and the entities to be proposed as affiliated entity(ies) - see definition in the Guide for Applicants) except Member States, Regions or Provinces need to provide the Legal Entities form, which can be downloaded in all EU languages at:http://ec.europa.eu/budget/execution/legal_entities_en.htm

Attach this form to the proposal, along with additional documents referred to in the Legal Entity form.

2. ADDITIONAL FORMAL REQUIREMENTS ON THE FINANCIAL AND OPERATIONAL CAPACITY OF THE APPLICANT

Please select the Legal Status of the applicant (for definitions, see Annex 2 of the Guide for Applicants: Guidelines to complete Application Form Part B1):

Applicants that qualify as private undertakings or bodies (PUB) have to prove their financial and operational capacity to carry-out the proposed action. For proving the financial capacity Annex III needs to be completed and submitted together with the supporting financial statements (balance sheet, income statement and cash flow statement) certified by an external auditor for the last financial year for which the accounts have been closed. For proving the operational capacity the appropriate documents attesting the technical and operational capacity of the applicant to complete the Action for which the grant is sought should be provided.

For multi-applicants proposals, complete the table below. Please note that for each applicant that is a private undertaking or body you must confirm that the documentation required to prove the financial and operational capacity is provided with this proposal.

In addition, all applicants except Member States, Regions and Provinces must complete and sign the declaration form in Annex I.

Applicants

Applicant Name Applicant's Legal Status(Put a cross in the applicable column)

Supporting documentation provided? (Yes/No)

Member State

Public sector body

EEIG Private Undertaking

or Body

Financial statements

Evidence of operational

capacity

In case of one or several "No"(s), explain:     

Designated affiliated entities

Designated affiliated entities shall certify that they have the financial and operational capacity to carry-out the proposed Action by filling in and signing Annex IV to the application form part B1.

The financial and operational capacity will need to be demonstrated in case the proposal is selected for funding. Should it be not satisfactory, the affiliated entity concerned may not be included in the grant Decision.

Member StatePublic sector bodyEuropean Economic Interest Grouping (EEIG)Private Undertaking or Body

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Applicant(s) Designated affiliated entity(ies)

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COMPLIANCE WITH EU POLICY AND LAW

StudyWorks

I f the proposal is a study, does i t entai l physical intervent ions? Yes No

1. COMPLIANCE WITH EU POLICY ON ENVIRONMENTAL PROTECTION

ERTMS, ATM/FAB and ITS proposals only need to fill in Section 1 "Compliance with EU policy on environmental protection" if the proposed action includes physical works (e.g. installation of antennas) affecting a site designated as protection zone under the "Habitats" (92/43/EC) and Birds (2009/147/EC) Directives. Section 1.6 "Actions with a potential impact on water - Water Framework Directive 2000/60/EC" needs to be completed only if these physical works are located in protected waters as defined in Article 1 of this Directive.

1.1. Does the Action:

• contribute to the objective of environmental sustainability (e.g. European climate change policy, halting loss of biodiversity, etc.)?• respect the "polluter pays" principle1?     

1.2. Consultation of environmental authorities

Have the environmental authorities likely to be concerned by the Action been consulted?

If Yes, provide the name(s) and address(es) and explain that authority's responsibility:     

If No, explain why:      

1.3. Environmental Assessment

YesNo

1.3.1. DEVELOPMENT CONSENT2

1.3.1.1. Has a development consent already been given to the Action?

1.3.1.2. If yes, indicate when:      (dd/mm/yyyy)

Has or could an appeal be launched against the development consent given?

If yes, explain:

1 The "polluter pays" principle, as indicated in the EU Treaty, implies that those who cause environmental damage should bear the costs of avoiding it or compensating for it.

2 ‘Development consent' means the decision of the competent authority or authorities which entitles the developer to proceed with the action

5

YesNo

YesNo

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1.3.1.3. If no, when was the formal request for the development consent introduced?       (dd/mm/yyyy)

1.3.1.4. By which date is the final decision expected?       (dd/mm/yyyy)

1.3.1.5. Indicate which competent authority(ies) has(have) given or will give the development consent     

1.3.2. APPLICATION OF COUNCIL DIRECTIVE 2011/92/EU ON ENVIRONMENTAL IMPACT ASSESSMENT (EIA)3

1.3.2.1. Is the Action a class of development covered by:Annex I of the Directive (then go to question 1.3.2.2)Annex II of the Directive (then go to question 1.3.2.3)Neither of the two annexes (then go to question 1.3.3)4

1.3.2.2. If covered by Annex I of the Directive, attach in annex the following documents:a) the information referred to in Article 9 (1) of the Directive b) the non-technical summary5 of the Environmental Impact Study carried out for the Action; c) information on consultations with environmental authorities, the public concerned and, if applicable, with other Member States.

1.3.2.3. If covered by Annex II of the Directive, has an Environmental Impact Assessment been carried out for this Action?

YES - in which case, attach in annex the documents listed under point 1.3.2.2NO - in which case, explain why the Environmental Impact Assessment has not been carried out and give the thresholds, criteria or case by case examination carried out to reach the conclusion that the Action has no significant environmental effects

     

Competent Environmental Authority:

Name of Authority      

Contact person:      

Function:      

Signature:

Official stamp:

3 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (codification) (JO L 26, 28.1.2012)

4 The signature of the Competent Environmental Authorities is required to certify that they agree with the information the applicants have provided. Therefore, this signature is compulsory also in case the Action is not included in Annex I or II.

5 Prepared under Article 5 (3) of Directive 2011/92/EU.6

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1.3.3. APPLICATION OF THE STRATEGIC ENVIRONMENTAL ASSESSMENT DIRECTIVE 2001/42/EC6 (SEA-Directive)

Does the Action result from a plan or programme falling within the scope of the SEA Directive?

YESIf YES in order to appreciate if wider potential cumulative effects of the Action have been addressed, please provide a copy of :

a) The non-technical summary of the Environmental Report carried out for the plan or programme prepared under Art. 5 (1)b) The documentation required by Art. 9 of the SEA Directive

NOIf NO, please explain why:

     

Competent Environmental Authority:

Name of Authority      

Contact person:      

Function:      

Signature:

Official stamp:

6 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment, OJ L 197 of 21.7.2001.

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1.4. Impact of the Action on Natura 2000 sites

Is the Action likely to have a significant effect on sites included or intended to be included in the NATURA 2000 network?

NOIf NO, please attach a completed Annex II-A declaration, signed, dated and stamped by the relevant authority

YESIf YES, please:

(a) Provide a summary of the conclusions of the Appropriate Assessment carried out in accordance with Article 6(3) of Directive 92/43/EEC7

     

(b) If the Appropriate Assessment carried out in accordance with Article 6 (3) has led the competent national authorities to ascertain that the project will not adversely affect the integrity of the Natura 2000 sites, attach a completed Annex II-A form, signed, dated and stamped by the relevant authority.

(c) If the conclusion of the Appropriate Assessment carried out in accordance with Article 6(3) is negative or uncertain, then Article 6(4) applies. Attach a completed Annex II-B form, signed, dated and stamped by the relevant authority.

1.5. Additional environmental integration measures

Apart from the Environmental Impact Assessment, does the Action plan any additional environmental integration measures (e.g. environmental audit, environmental management, specific environmental monitoring)?

If yes, specify:

     

7 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora

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YesNo

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1.6. Actions with a potential impact on water - Water Framework Directive 2000/60/EC8

Does the Action involve a modification that could cause the deterioration of water status or failure to achieve good water status in accordance with Article 4(7) of the Water Framework Directive?

NOIf NO please attach a completed Annex II-C declaration, signed, dated and stamped by the relevant authority

YESIf YES, please answer the following questions:

(a) Have all practicable steps been taken to mitigate the adverse impacts on the status of water bodies?     

(b) Are there other means, that are technically feasible or not disproportionately costly, to achieve the beneficial objectives of the Action?     

Authority responsible for water management (if the answer to the above question is YES):

Contact person:      

Name:      

Function:      

Signature:

Official stamp:

8 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for EU action in the field of water policy

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2. COMPATIBILITY WITH EU POLICY ON INTEROPERABILITY (railway actions only)

YesNo

• Is the Action in conformity with the technical specifications of interoperability currently in force and/or approved by the Committee referred to in Article 29 of Directive 2008/57/EC9?

If no indicate which elements of the interoperability specifications are not respected and why. If appropriate, make reference to any exemption request previously addressed to the Commission:

     

• Does the Action put in place the necessary measures to be in compliance with the requirements of Directive 2008/57/EC? Please comment.

     

• For works involving speed control systems and/or signalling systems including the upgrading of interlockings, will the ETCS system be implemented on the section undergoing the construction works?

If Yes, confirm that relevant works are carried out in compliance with the ETCS, System Requirements Specifications, version 2.3.0d10 or version 3.0.0. If no, specify the reasons why ETCS will not be implemented during the execution of the construction works, indicate when the ETCS system will be deployed on the line and whether a derogation under the abovementioned interoperability directives has been applied for.

     

Authority responsible for rail certification:

Contact person:      Name:      Function:      

Signature:Official stamp:

9 Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the EU, which is a recast of (i) Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system - OJ L 235, 17.9.1996, and (ii) Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the trans-European conventional rail system - OJ L 110, 20.4.2001

10 as defined in Commission Decision 2008/386/EC of 23/04/2008 - OJ L 136, 24.5.200811

YesNo

YesNo

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3. COMPATIBILITY WITH EU LAW ON STATE AIDS

Have State aids been granted or are foreseen to be granted to this Action which might be incompatible with EU competition law (Articles 107 – 109 of the Treaty)?

If Yes, explain.

4. COMPATIBILITY WITH EU LAW ON ROAD CHARGING (for road actions only)

Art. 7(10) of the Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures as amended allows under certain conditions a mark-up to be added to the tolls of specific sections.

Does Article 7(10) of the Directive 1999/62/EC apply to the Action?NO

YESIf YES, please answer the questions below

Provide information on the conditions fulfilled:

When did the Member State(s) concerned submit the plan for charges to the Commission?

Did the Commission (i) agree to these plans, or (ii) reject these plans, or (iii) request modifications of these plans - if so, when did the Commission agree to the modified plans?

Provide the decision number and date of the Decision of the Commission:

5. COMPATIBILITY WITH UNION LAW ON PUBLIC PROCUREMENT

Is the Action planned to be implemented in compliance with Union Law on public procurement, especially with Directives 2004/1811 and 2004/1712 as amended?

YES11 Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of

procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, 30.4.2004, p. 114)

12 Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (OJ L 134, 30.4.2004, p. 1)

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YesNo

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NOIf NO please explain

6. COMPATIBILITY WITH TEN GUIDELINES (for implementation (works) proposals in the field of Motorways of the Seas only)

In line with Article 13(4) of the TEN Guidelines13, has the proposal been evaluated and pre-selected first within a public call for tenders organised by the Member States concerned?

YES

NOIf NO please explain

13 Decision No 661/2010/EU of the European Parliament and of the Council of 7 July 2010 on Union guidelines for the development of the trans-European transport network Text with EEA relevance (OJ L 204, 5.8.2010, p. 1–129)

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ANNEX I

DECLARATION FORM OF PUBLIC OR PRIVATE UNDERTAKINGS OR BODIES APPLYING FOR EU FINANCIAL AID

In accordance with Article 131 of Regulation (EU, EURATOM) No 966/2012 14 on the applications for grants, and in accordance with Commission delegated Regulation No 1268/2012 15, I declare on my honour: I. that the body or undertaking I am representing is not in any of the following situations which would

exclude it from participating in a grant award procedure:a) it is not bankrupt, being wound up or having its affairs administered by the courts, it is not entered into

an arrangement with creditors, it has not suspended business activities, is subject of proceedings concerning those matters, and it is not in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

b) it or persons having powers of representation, decision making or control over it, has/have not been convicted of an offence concerning its/their professional conduct by a judgment of a competent authority of a Member State which has the force of res judicata;

c) it has not been found guilty of grave professional misconduct proven by any means which can be justified including by decisions of the EIB and international organisations;

d) it has not failed to fulfil obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which it is established or with those of the Member State which is the beneficiary of the financial support or those of the state where the action is to be executed;

e) it or persons having powers of representation, decision making or control over it, has/have not been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Union's financial interests;

The cases referred to in point e) cover:i) cases of fraud as referred to in Article 1 of the Convention on the protection of the European

Communities' financial interests established by the Council Act of 26 July 199516;ii) cases of corruption as referred to in Article 3 of the Convention on the fight against corruption

involving officials of the European Communities or officials of Member States of the European Union, established by the Council Act of 26 May 199717;

iii) cases of participation in a criminal organisation, as defined in Article 2(1) of Joint Action 98/733/JHA of the Council18;

iv) cases of money laundering as defined in Article 1 of Council Directive 91/308/EEC19.f) it is currently not subject to an administrative penalty referred to in Art: 109 of Regulation No

966/2012;g) it is not subject to a conflict of interest during the grant award procedure;h) it is not guilty of mispresentation in supplying the information for the procedure or of failure to supply

this information required during the grant award procedure;II. that the body or undertaking I am representing undertakes to provide, as soon as possible, the

documents referred to in Articles 143 and 197 of Commission delegated Regulation No 1268/2012 at the request of the European Commission, failing which the grant may not be awarded in accordance with Article 131 of Regulation No 966/2012;

III. that this application for funding is not the subject of any other application for funding under the EU budget.

14

Regulation (EU, EURATOM) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p.1)

15 Commission delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, EURATOM) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2013, p.1)

16 OJ C 316, 27.11.1995, p. 48.17 OJ C 195, 25.6.1997, p. 1.18 OJ L 351, 29.12.1998, p. 1. Joint action of 21 December 1998 on making it a criminal offence to participate in a criminal

organisation in the Member States of the European Union. 19 OJ L 309, 25.11.2005, p. 15-36. Directive 2005/60/EC of the European Parliament and of the Council of 26 October

2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (Text with EEA relevance).

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IV. If applicable (in case the applicant is a private body or undertaking): In accordance with Article 196 of Commission delegated Regulation No 1268/2012, I declare on my honour that the private body or undertaking I am representing has the financial and operational capacity to complete the action proposed in this application.

Done in:       on      Name:      Function:      Name and address of the body or undertaking:     

Signature:

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ANNEX II –A

DECLARATION BY THE AUTHORITY RESPONSIBLE FORNATURA 2000 SITES

Responsible Authority:      Having examined the Action application:      Which is to be located at:      

Declares that the Action is not likely to have significant effects on a NATURA 2000 site on the following grounds:     

Therefore an assessment as described by Article 6 (3) of Directive 92/43/EEC was not deemed necessary.

Declares that the Appropriate Assessment carried out in accordance with Article 6(3) concludes that the Action will not adversely affect the integrity of the site concerned on the following grounds:

     

A map at scale of 1:100.000 (or the nearest possible scale) is attached, indicating the location of the Action as well as the NATURA 2000 sites concerned, if any.

Date (dd/mm/yyyy):      

Signed:Name:      Position:      Organisation:      

(Authority responsible for monitoring NATURA 2000 sites)

Official Seal:

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ANNEX II-B

INFORMATION ON ACTIONS LIKELY TO HAVE SIGNIFICANT NEGATIVEEFFECTS ON NATURA 2000 SITES

Member State:       Date:      

Competent national authority:           

Address:                     

Contact person:       Signature, date and stamp (the latter if applicable)     

Tel., fax, e-mail:      

1. PLAN OR ACTION

Name and code of Natura 2000 site affected:      

This site is a SPA under the Birds directive a SCI under the Habitat directive hosting a priority habitat/species

Summary of the plan or action having an negative effect on the integrity of the site:     

A map at the scale of 1:100.000 (or the nearest possible scale) is attached, indicating the location of the action as well as the Natura 2000 sites concerned

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2. NEGATIVE EFFECTS

Summary of the Appropriate Assessment concluding negative effects on the integrity of the site:     

N.B.: this summary should focus on the adverse effect expected on the habitats and species for which the site has been designated, include the appropriate maps and describe the already decided mitigation measures

3. ALTERNATIVE SOLUTIONS

Summary of alternative solutions studied by the Member State     

Reasons why the competent national authorities have concluded that there are no alternative solutions     

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4. IMPERATIVE REASONS

Reason to nevertheless carry out this plan or action Imperative reasons of overriding public interest, including those of a social or economic nature

(in the absence of priority habitat/species) Human health Public safety Beneficial consequences of primary importance for the environment Other imperative reasons of overriding public interest

Short description of the reason:     

5. COMPENSATION MEASURES

Foreseen compensatory measures and timetable:     

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ANNEX II –C

DECLARATION BY THE AUTHORITY RESPONSIBLE FORWATER MANAGEMENT

Responsible Authority:      Having examined the action application:      Which is to be located at:      

Declares that the action is not likely to alter water bodies:

     

Therefore an assessment as described in Article 4 (7) of the Water Framework Directive20 was not deemed necessary.

Date (dd/mm/yyyy):      

Signed:Name:      Position:      Organisation:      

(Authority responsible for water management)

Official Seal:

20 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for EU action in the field of water policy

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ANNEX III

FINANCIAL CAPACITY CHECK

The form for the financial capacity check is available here:

http://tentea.ec.europa.eu/en/apply_for_funding/follow_the_ funding_process/calls_for_proposals_2013.htm

If applicable (see point 2 in the section on 'Administrative Information on applicants') do download the form, fill and print it. Submit it then including its supporting documents together with the other parts of your application.

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ANNEX IV

DECLARATION FORM OF AFFILIATED ENTITIES DESIGNATED BY UNDERTAKINGS OR BODIES APPLYING FOR EU FINANCIAL AID

In accordance with Articles 122(2) and 131 of Regulation (EU, EURATOM) No 966/201221, and in accordance with Commission Regulation No 1268/2012 22, I declare on my honour:

I. that the body or undertaking I am representing is affiliated to the following undertaking or body applying for EU financial aid:       ("the applicant") in the meaning of Article 122(2) of Regulation (EU, EURATOM) No 966/2012, and

that the body or undertaking I am representing undertakes to provide, as soon as possible, the necessary supporting documents that may be requested by the European Commission to prove the link it has with the applicant, failing which it may not be considered an affiliated entity should the application be retained for funding.

II. that the body or undertaking I am representing is not in any of the following situations which would exclude it from participating in a grant award procedure:a) it is not bankrupt, being wound up or having its affairs administered by the courts, it is not entered

into an arrangement with creditors, it has not suspended business activities, is subject of proceedings concerning those matters, and it is not in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

b) it or persons having powers of representation, decision making or control over it, has/have not been convicted of an offence concerning its/their professional conduct by a judgment of a competent authority of a Member State which has the force of res judicata;

c) it has not been found guilty of grave professional misconduct proven by any means which can be justified including by decisions of the EIB and international organisations;

d) it has not failed to fulfil obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which it is established or with those of the Member State which is the beneficiary of the financial support or those of the state where the action is to be executed;

e) it or persons having powers of representation, decision making or control over it, has/have not been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Union's financial interests;The cases referred to in point e) cover:

i) cases of fraud as referred to in Article 1 of the Convention on the protection of the European Communities' financial interests established by the Council Act of 26 July 199523;

ii) cases of corruption as referred to in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, established by the Council Act of 26 May 199724;

iii) cases of participation in a criminal organisation, as defined in Article 2(1) of Joint Action 98/733/JHA of the Council25;

iv) cases of money laundering as defined in Article 1 of Council Directive 91/308/EEC26.f) it is currently not subject to an administrative penalty referred to in Art: 109 of Regulation No

966/2012;g) it is not subject to a conflict of interest during the grant award procedure;

21

Regulation (EU, EURATOM) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p.1)

22 Commission delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, EURATOM) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2013, p.1)

23 OJ C 316, 27.11.1995, p. 48.24 OJ C 195, 25.6.1997, p. 1.25 OJ L 351, 29.12.1998, p. 1. Joint action of 21 December 1998 on making it a criminal offence to participate in a criminal organisation in

the Member States of the European Union. 26 OJ L 309, 25.11.2005, p. 15-36. Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the

prevention of the use of the financial system for the purpose of money laundering and terrorist financing (Text with EEA relevance).22

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h) it is not guilty of mispresentation in supplying the information for the procedure or of failure to supply this information required during the grant award procedure;

III. that the body or undertaking I am representing undertakes to provide, as soon as possible, the documents referred to in Articles 143 and 197 of Commission delegated Regulation No 1268/2012 at the request of the European Commission, failing which it may not be considered as affiliated entity in the grant Decision and may not receive EU financial aid in accordance with Article 131 of Regulation No 966/2012;

IV. that the body or undertaking I am representing does and will not receive any other EU financial aid for the Action subject to this application for funding under the EU budget;

V. (if applicable - in case the designated affiliated entity is a private body or undertaking): In accordance with Article 196 of Commission delegated Regulation No 1268/2012, I declare on my honour that the body or undertaking I am representing has the financial and operational capacity to complete the action proposed in this application and undertakes to provide any supporting documents the European Commission will require in this respect should this application be retained for funding.

Done in:       on      Name:      Function:      Name and address of the body or undertaking:     

Signature:

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