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Agreement numbet: 2019 - 1943 / 00 1 - 001
Murti benefrciar.ics modcr agrccrrcrlt: Decurnbcr 20rir
An action may be blought against such offsetting before the General Couft of the European
Union in accordance with Afticle 263TFEU;
(b) bV drarvirrg on the financial gualautee where provided for irr accordarrce with Article 1.5.2
('drawing on the financial guarantee');
(c) by holding the beneficiaries jointly and severally liable up to the maxinrum E,U contribution
indicated, for each beneficiary. in the estinrated budget (Annex lll as last arnended);
(d) bV taking legal action as provided for in Article ll.l8,2 or in the Special Conditions or by
adopting an enfolceable decision as provided for in Article ll.18,3.
11.26.4 Interest on late payment
If payment is not made by the date in the debit note, tlre arnount to be recovered rvill be increased by
late-payment interest at the rate set out in Afticle I.5.6 frorn the day follorving the date for payment in
the debit note up to and including the date the Agency and/or the Commission receives full payr,rent of
the amount.
Partial payments must first be credited against charges and late-paynrerrt interest and then agairrst the
princ ipal.
II.26.5 Bank charges
Bank charges incurred in the recovery process must be borne by the beneficiary concerned, unless
D i rective 2007 I 641 ECa app I ies.
ARTICLE 1T.27 CHECKS. AUDITS AND EVALUATIONS
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II.27.l Technical and financial checks. audits. interim and final evaluations
TheAgencyand/ortheCornmissionmay,durirrgtheimplernentatiorr of theactionorafterwards,carry
out technical and financial checks and audits to deterrnine that the beneficiaries are irnplementing the
action properly aud are cornplying with the obligations under the Agreement. It may also check the
beneficiaries' statutot'y records for the purpose of periodic assessrnents of lurnp sutn, ut'lit cost or flat-
'
rate alnounts.
Information and docurrents provided as parl of checks or audits must be treated on a confidential
basis.
In additiott, the Agency and/or the Comrnission rnay carry out an interirn or final evaluation ol'the
impact of the action, tneasured against the objective of the Uniorr progfamme concerned.
The Agerrcy arrd/or the Cornmission checks, audits or evaluations may be carried out eitlrer directly by
the Agerrcy and/ortlre Comrnissiou's own staff or by any other outside body aLrthorised to do so on its
behalf.
a
Directive 200"7/64lEC4 of the European Parlianrent and of the Council of l3 Novernber 200? on pavtnent
services in the internal rnarket arnending Directives 97l7 lEC, Z002l65lEC, 20051601EC and 2006148tEC and
repealing Directive 97 I 5lEC.
Annex ll
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