Presentation on theme: "Twinning Manual 2009 – New procedures, new templates, preparing and amending Twinning Contracts DG Enlargement – Unit D4 February 2010."— Presentation transcript:
Twinning Manual 2009 – New procedures, new templates, preparing and amending Twinning Contracts DG Enlargement – Unit D4 February 2010
Application of Manual 2009 Applies for all the Twinning Projects whose notification of the selection was done after the 15th of September 2009.
TW Manual 2009 – Main Changes New definition of geographical areas for the authorisation of a possible third assignment for RTA's: art 2.2 The geographical areas for the authorisation of a possible third assignment for RTA's, in case the conditions are met, are redefined, reflecting the changed situation in the Enlargement context. There are now five different areas: (i)12 countries of the 5th Enlargement, ii)Candidate countries, (ii)Potential candidate countries (iii)Southern Mediterranean region and (iv)Newly independent States Approval of the contract under ENPI: art 3.9.2The approval of the contract has been delegated to four countries in the South: Morocco, Tunisia, Jordan and Egypt and to one country in the East: Ukraine. New terminology used for "legal duration": art 4.2 and Annex A "Special conditions" of the Twinning Manual. To be in line with the "Special conditions" of a grant contract as outlined in the Practical Guide, the "legal duration" is defined as the "execution period" and the duration of the work plan is defined as the "implementation period of the Action". Harmonisation of the rule for study visits by BC officials to MS under IPA: art Costs for travel by BC officials from their capitals to a MS or between MS under IPA costs have to be carried by the BC administration as co-financing. Uplift of the ceiling for supply of services has been incorporated in the manual: art 7.6 The uplift of the ceiling for the supply of services under a Twinning contract to € per budget item has been incorporated in the Twinning Manual. Twinning Review Missions: art 9.2.2The objective of these Twinning Review Missions are the assessment of the sustainability of the Twinning project's results and the long term impact on the project's objectives and dissemination of good practice via a database of Twinning Review Mission reports. Uplift of the ceiling for visibility costs: art 9.4The ceilings for visibility costs in Twinning projects have been raised to € 5000 for projects up to € and to € for projects over € Model Expenditure Verification Report: Annex A6 of the Twinning Manual. To be in line with the "Model Expenditure Verification Report" of a grant contract as outlined in the Practical Guide, Annex A6 has been thoroughly reviewed. Selection fact Sheet for IPA has been refined: Annex C 7In order to improve the quality of the feedback to successful and non-successful bidders, the selection Fact Sheet for selections under IPA has been modified. A proposal can now receive the score "adequate", "partly adequate" or "non adequate" for each of the different criteria, and there is more room for comments. Templates for Side Letters and Addenda: Annexes C 12, C13 and C 14 Following several requests from Twinning partners and other users of the Manual, optional templates for side letters and addenda to Twinning contracts and instructions for their preparations have been added in new annexes to the manual.   Albania, Bosnia and Herzegovina, Kosovo, Montenegro, Serbia
Special Conditions New terminology used for "legal duration": art 4.2 and Annex A "Special conditions" of the Twinning Manual. To be in line with the "Special conditions" of a grant contract as outlined in the Practical Guide, the "legal duration" is defined as the "execution period" and the duration of the work plan is defined as the "implementation period of the Action".
Study Visits Harmonisation of the rule for study visits by BC officials to MS under IPA: art Costs for travel by BC officials from their capitals to a MS or between MS under IPA costs have to be carried by the BC administration as co-financing.
Ceiling for supply of services Uplift of the ceiling for supply of services has been incorporated in the manual: art 7.6 The uplift of the ceiling for the supply of services under a Twinning contract to € per budget item has been incorporated in the Twinning Manual. Ceiling under Manual 2007 was updated by Letter
Twinning Review Missions Twinning Review Missions: art 9.2.2The objective of these Twinning Review Missions are the assessment of the sustainability of the Twinning project's results and the long term impact on the project's objectives and dissemination of good practice via a database of Twinning Review Mission reports. TEST TO BE DONE !!!
Ceilings for visibility costs Uplift of the ceiling for visibility costs: art 9.4The ceilings for visibility costs in Twinning projects have been raised to € 5000 for projects up to € and to € for projects over €
Model Expenditure Verification Report Model Expenditure Verification Report: Annex A6 of the Twinning Manual. To be in line with the "Model Expenditure Verification Report" of a grant contract as outlined in the Practical Guide, Annex A6 has been thoroughly reviewed.
Selection Fact Sheets Selection fact Sheet for IPA has been refined: Annex C 7 In order to improve the quality of the feedback to successful and non-successful bidders, the selection Fact Sheet for selections under IPA has been modified. A proposal can now receive the score "adequate", "partly adequate" or "non adequate" for each of the different criteria, and there is more room for comments.
Addenda / Side Letter Templates Templates for Side Letters and Addenda: Annexes C 12, C13 and C 14 Following several requests from Twinning partners and other users of the Manual, optional templates for side letters and addenda to Twinning contracts and instructions for their preparations have been added in new annexes to the manual.
Lisbon Treaty As a consequence of the Lisbon Treaty, some denominations will have to be changed in some templates.
The formal commitment made by a MS will be in the form of a ‘Twinning Contract’. This constitutes the contractual framework for implementing the Twinning project and specifies the obligations of both administrations in the MS and the BC Twinning contract is a Grant contract
COMPOSITION OF THE CONTRACT Special Conditions Annex I: Description of the Action + Work Plan Annex II: General Conditions for EC financed grant contracts for external actions Annex III: Budget for the Action Annex IV: Contract – award procedures Annex V: Standard request for payment and FIF Annex VI: Model Expenditure Verification Report Annex VII: Special Financial Annex Annex VIII: Mandates (if consortium + intra consortium agreement)
CONTRACTING AUTHORITY (CA) Twinning partners should always refer to the Contracting Authority for financial and contractual issues The CA can be either the Commission (for centralized programmes) or the CFCU (DIS)
CONTRACT SPECIAL CONDITIONS Article 2 – Execution and Implementation period of the Action (legal and work plan duration) Article 4 - Technical and financial reporting and payment arrangements
ANNEX I Description of the Action + WP Detailed work plan with clear benchmarks to allow for close monitoring of progress towards the final results Drafting Twinning contract and work plan must be a joint MS/BC exercise A work plan consists of a sequence of activities which together constitute a strategy aimed at achieving the results
ARTICLE 3 MANDATORY RESULTS (OUTPUTS) Concrete operational results ‘mandatory results’ should be limited, well- defined, measurable and precise institutional targets Achievements of mandatory results should be maintained after the end of implementation, disseminated and consolidated
MANDATORY RESULTS (OUTPUTS) Intervention logic Benchmar ks Sources of information Assumptions (external to project) Overall Objective Project Purpose Mandatory Results (Components) Activities
ARTICLE 4. TASKS (INPUTS) Method - Brief description of activity (What will happen: MS STE mission, study visit, training, consultation, etc), how will it be implemented, by whom (clear share of responsibility MS/BC) and when Resources - MS Human Resources (Number of experts and man / days) - Beneficiary Administration Human Resources (No. of people and their home institutions) - Other resources (translation, interpretation, training materials)
ARTICLE 5. RISKS Internal conditions related to the project that must be fulfilled in order to guarantee its success
ARTICLE 7 RESOURCES 7.1. Human Resources – Member State(s) – BC – Curricula Vitae 7.2. Material Resources 7.3. Indicative Budget
ARTICLE 8 MANAGEMENT AND MONITORING 8.1. Language 8.2. Project Steering Committee 8.3. Reporting
ARTICLE 9 Twinning Review Missions Each project can be followed, 6 to 12 months after its finalisation, by a Twinning Review Mission This mission aims at reporting whether sustainable impacts or spin offs have been observed after Twinning project finalisation. Twinning Review Missions are organized and financed by TAIEX instrument
ANNEX A3 BUDGET The Twinning budget is presented in the format of an activity based budget apart from the RTA related expenditure and other general budget items. Expenditures listed in the budget must correspond to the activities listed in the work plan The budget is signed and initialed by both MS and BC Project Leaders
ELIGIBLE COSTS RTA salary, allowances (as per chapter 5.3 and Annex B), training, Assistant Project preparation (chapter 5.2.1) Project Leader (fees, travel, visibility costs and audit certificate (chapter 5.4) Experts per activity (fees, travel, per diem, local travel)
ELIGIBLE COSTS (2) “Management Costs”: 150% on all fees Translation – Interpretation Training in BC – Training in MS Expenditure verification report costs (for instance €) Procurement of Supplies / Services Contingencies (2,5%)
NON-ELIGIBLE COSTS Costs of STE/PL working in the MS and backstopping costs are covered by project management costs Travels to MS for BC officials Large scale equipment Operational costs of BC (Office space, telephone, fax, photocopiers, secretarial support, etc.) MS STEs monitoring visits VAT
Salary, benefits, allowance Salary and non-wage labour costs 6% of salary and non-wage costs Subsistence allowance (50% of rate for days spent in BC) Health insurance RTA + spouse (max. € 200 / € 100 children) Accommodation Per diem allowance for first 30 days (RTA + spouse/children) Accommodation Estate agent fees (max 2 months ’ rent – one month sufficient) RTA COSTS
Travel Travel to and from place of duty Removal and storage + annual trip home for RTA + spouse/children OR: monthly return trips home for RTA Other RTA costs School fees (max. € 12,000 p.a.) RTA training in Brussels (3 per diems plus return flight to Brussels) Assistant (max. per BC) RTA-RELATED COSTS
PROJECT LEADER COSTS The Project Leader is required to spend at least 3 days in BC every quarter Project leader fees and 150% management costs Airfares Per diems Translation of reports etc. Interpretation Final audit costs Management of Logistics and Accounting are provided by the MS administration (and Partner MS) and covered out of the Management Costs (no additional cost to the contract)
CONTRACT PREPARATION COSTS Refundable upon endorsement of Contract for trips during the period up to 6 months following notification of selection Projects < 1 M € Project Leader and RTA 6 flights 20 per diems 20 fees Flat rate 150% Projects > 1 M € Project Leader and RTA 9 flights 30 per diems 30 fees Flat rate 150%
VISIBILITY COSTS Funds for the printing of posters, banners and other items promoting the activities and acknowledging the funding source (EU) Projects > 1 M€ euro Projects < 1 M€ euro The funding source (EU) must be acknowledged on all documents, products and at events within the project. As a minimum, the EU logo should be displayed
OTHER COSTS IN BC Fees of short-term experts Management costs (150% of fees) Per diems for STEs (per night, no halves) Airfare (economy) Local travel (max. € 50) Translation (for instance € 15 - € 45 per page) Interpretation (for instance max. € 300 per day) Interpretation away (for instance max. € 400 per day)
COSTS COVERED BY BC Office space for RTA and assistant Telecommunications (phone, fax) Computer, including access, printer Office supplies Secretarial assistance Meeting and seminar venues International travel for BC staff BC experts
COSTS IN MS Per diems for BC participants Interpretation (for instance max. € 300 per day) Incidental fee 10 € per MS participant NB: Hiring a BC interpreter is recommended if the cost for per diems and travel is lower than the cost of hiring a local interpreter
SHORT TERM EXPERTS FEES PUBLIC ADMINISTRATION Civil servants € 250 MANDATED BODY Class 1 expert € 250 (Minimum 3 years of relevant experience) Class 2 expert € 350 (Minimum 8 years of experience, work in non-EU countries) Class 3 expert € 450 (Minimum 15 years of experience, high-level staff)
PRIVATE SECTOR INPUTS Supply of Goods: Limited to € 5000 for each TW project Supply of Services: Limited to € 10000, In both cases a single tender procedure is managed by a MS PL.
Seminars, Training, Traineeships and workshops In the Beneficiary Country TW mainly provides for experts from MS, possibly also documentation, interpretation and transport for on-site visits Facilities, equipment, transport of BC staff, refreshments should be provided by the BC In the Member State BC covers transport costs of staff from BC to MS, per diems for BC trainees are allowed. Costs for MS expert fees cannot be added, (they are deemed to be included in the TW management costs) Small incidental costs can be charged with a lump sum (max 10 EUR per trainee/day) Special rules for traineeships, fees for training
IMPLEMENTATION AND REPORTING
REPORTING REQUIREMENTS Interim Quarterly Reports Final Report
REPORTING REQUIREMENTS Reports shall consist of a content section and a financial section RTA is responsible for submitting them to the concerned authority The BC Project Leader is fully involved in this process and should be given adequate time to put forward comments. S/he must also co-sign each report
INTERIM QUARTERLY REPORTS Describe progress in the implementation making direct reference to the timetables and benchmarks Update on the general environment, assumption and risks Make an overall evaluation of the progress achieved document the actual expenditure in relation to budgeted expenditure Provide recommendations
FINAL REPORT Executive summary of the project Background information Listing of objectives, purpose and mandatory results Implementation process Achievement of mandatory results
FINAL REPORT (II) Analysis of the long-term impact of the project, its sustainable results and identification of potential relevant follow-up actions Information on visibility of EU financing Conclusions, recommendations, including lessons to be learned for future Twinning projects
FINAL REPORT (III) Proof of transfers of ownership (if applicable) and a final statement of all eligible costs of the Twinning project plus a full summary statement of the Twinning project’s income and expenditure and payments received Template to be used in ANNEX C5 Expenditure verification report from a recognized, independent auditor
CHANGES TO TWINNING CONTRACTS
Changes can only be made within the execution period of the contract (legal duration) Changes cannot be retroactive There should be no changes to the mandatory results defined in the work plan; the means of achieving these may be adapted to circumstances
CHANGES TO TWINNING CONTRACTS Two procedures shall apply: Addenda Substantial changes to the Twinning Contract formalized in a formal written addendum to the contract signed by both MS administration and BC administration require prior approval Side letters Minor changes are notified to the CA through a side letter signed by both PLs. The notifications must be made by a secure means of communication, so that dispatch can be proven in the event of dispute.
ADDENDA (1) Acquis Communautaire related to the project (Article 2 of the Work plan) Definition of the mandatory results and the benchmarks to be achieved (Articles 3 and 4 of the Work plan) MS administration involved in the Twinning project (Article 5 of the Contract) The period of execution (Art 2 of the Contract)
ADDENDA (2) Identity of the MS and BC Project Leaders, the RTA and the main MS short-term experts (Article 6 of the Work plan) Interruption or termination before completion Major reallocations beyond 15% of the total Budget Template to be used in ANNEX C12
SIDE LETTERS Changes not affecting basic purpose (means used for implementation, time schedule and dates, identity of non-key MS’ short term experts) Reallocations below 15% of the total Twinning budget Template to be used in ANNEX C13
BUDGET CHANGES The overall budget of a project cannot be increased The unit costs (fees, daily allowances, etc.) must respect the rates set in the manual; Introduction of a new activity must be justified by showing that it will be of real use in achieving the mandatory results targeted by the Twinning Contract; the mere availability of funds is not sufficient to justify the financing of new activities. Costs for changes notified or approved after their implementation cannot be reimbursed
BUDGET CHANGES (2) As long as the budgetary reallocations of appropriations remain under 15% of the total budget for the Twinning project, the changes are effected trough a side letter All budgetary changes through side letters are summed until the threshold of 15% of the total Twinning budget is reached. As from this moment, all budget modifications require an addendum
PAYMENT PROCEDURE Article 15 of the General Conditions: A pre-financing of 80% of the budget for the first 12 months of execution period within 45 days of receipt of: - the Twinning Contract signed by both parties - a request for payment (Annex A5)
PAYMENT PROCEDURE Further pre-financing: when the MS Twinning partner can demonstrate that more than 70% of the cumulated pre- financing has been consumed, a subsequent pre-financing payment may be requested Payment should take place within 45 days of receipt of the request further to the endorsement by the Beneficiary of services rendered
PAYMENT PROCEDURE Prior to final payment/settlement, the accumulated payment of the initial prefinancing and the successive pre-financing payments may not exceed 90% of the total budget Final payment: Upon completion of the Twinning project, and subject to approval of the final project report demonstrating that the mandatory result has been achieved, the MS Twinning partner may submit its request for final payment together with the final global financial report accompanied by the expenditure verification report
EXPENDITURE VERIFICATION REPORT An auditor must certify that all transactions invoiced by the MS Twinning partner were duly justified in accordance with the established rules and arose solely as a result of the Twinning Contract. Veracity as well as eligibility of the transactions must be audited The expenditure verification report dispenses MS implementing bodies from submitting original documentary evidence to the contracting authority when requesting payment
DOCUMENTATION IN SUPPORT OF INVOICES The MS is obliged to keep full accurate and systematic record and accounts of the activities implemented Records must be kept for a 7-year period after the last payment made by the BC and the MS These documents comprise any documentation concerning income and expenditure, inventory necessary for the checking of supporting documents, mission/timesheets, transport tickets, pay slips for experts and other invoices
Thanks for your attention Twinning Coordination Team Paolo Gozzi Jordi Rodríguez Ruiz Birgit Persson Elarg Twinning Mail: