INHALT

2012/838/EU, Euratom: Commission Decision of 18 December 2012 on the adoption of the Rules to ensure consistent verification of the existence and legal status of participants, as well as their operational and financial capacities, in indirect actions supported through the form of a grant under the Seventh Framework Programme of the European Community for research, technological development and demonstration activities and under the Seventh Framework Programme of the European Atomic Energy Community for nuclear research and training activities Text with EEA relevance

COMMISSION DECISION
of 18 December 2012
on the adoption of the Rules to ensure consistent verification of the existence and legal status of participants, as well as their operational and financial capacities, in indirect actions supported through the form of a grant under the Seventh Framework Programme of the European Community for research, technological development and demonstration activities and under the Seventh Framework Programme of the European Atomic Energy Community for nuclear research and training activities
(Text with EEA relevance)
(2012/838/EU, Euratom)
Article 1
Article 2
Article 3
ANNEX
FOREWORD
GENERAL PURPOSE
1. VERIFICATION OF THE LEGAL EXISTENCE AND LEGAL STATUS/CATEGORY
1.1.
Principles
1.1.1.
Confidentiality and protection of data
1.1.2.
Legal Existence
1.1.3.
Legal status according to the Rules for Participation for FP7 (Categories of legal entities)
1.1.3.1.
Definitions
1.1.4.
Requested data and documents
1.1.5.
Effective date of the legal existence and the legal status/category
1.2.
Implementation of the verification of legal existence and legal status/category
1.2.1.
Provisions regarding cases of incomplete, contradictory or false declarations and/or supporting documents
1.2.2.
Information on the outcome of the validation and the validated ‘Participant Identification Code’ (PIC)
1.2.3.
Declaration on the correctness of the basic data in the Grant Preparation Form
1.2.4.
Legal Entity Appointed Representative (LEAR)
1.2.5.
Modification of validations
1.2.5.1.
Modifications of validations due to an error of the initial validation
1.2.5.2.
Modifications of validations due to a change of the legal existence and legal status/category
1.2.5.3.
Changes of the indirect cost method (ICM)
(1) Changes of the legal status of the participant
1.2.6.
Administrative review of validations
1.2.7.
The Validation Panel
2. VERIFICATION OF THE OPERATIONAL CAPACITY
2.1.
Principles
2.2.
Implementation
2.2.1.
At proposal stage
2.2.2.
At negotiation stage
3. VERIFICATION OF THE FINANCIAL CAPACITY: RULES OF IMPLEMENTATION
3.1.
Principles
3.2.
Reasons for a concise financial analysis as a general rule
3.3.
Categories of legal entities subject to (or exempted from) a verification of their financial capacity
Decision tree on financial capacity verification
3.4.
Requested data and documents
3.4.1.
Legal persons
3.4.2.
Natural persons
3.4.3.
Other remarks
3.5.
Financial viability check
3.5.1.
Purpose
3.5.2.
Used ratios and noteworthy value
Equity flag
3.5.3.
Thresholds
3.5.4.
Particular case of natural persons
3.5.4.1.
Used ratios
3.5.4.2.
Thresholds
3.6.
Co-financing capacity check
3.6.1.
Purpose
3.6.2.
Used ratios and noteworthy value
Financial exposure flag:
3.6.3.
Thresholds
3.6.4.
Particular case of natural persons
3.6.4.1.
Used ratios
3.6.4.2.
Thresholds
4. VERIFICATION OF THE FINANCIAL CAPACITY: CONCLUSION OF THE ANALYSIS (CHECKS) AND POSSIBLE MEASURES TO BE TAKEN
4.1.
Assessment of the results of the concise analysis
4.2.
Actions to be taken in case of ‘weak’ result
4.2.1.
A more in-depth financial analysis
4.2.1.1.
For legal persons
4.2.1.2.
For natural persons
4.2.2.
Protection measures
4.3.
Additional protection measures, including sanctions