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Regulation (EU) 2024/792 of the European Parliament and of the Council of 29 February 2024 establishing the Ukraine Facility

article  9

CELEX:  32024R0792

Framework agreement
1. The Commission shall conclude a framework agreement with Ukraine (the ‘Framework Agreement’) for the implementation of the Facility setting out specific arrangements for the management, control, supervision, monitoring, evaluation, reporting and audit of funds under the Facility, including avoiding double funding, as well as to prevent, detect, investigate and correct irregularities, fraud, corruption or any other illegal activity affecting the financial interests of the Union and conflicts of interest, including the effective investigation and prosecution of offences affecting the funds provided under the Facility. The Framework Agreement shall be complemented by financing agreements referred to in Article 10 and a loan agreement referred to in Article 22, setting out specific provisions for the management and implementation of funding under the Facility. The Framework Agreement, including any related documentation, shall be made available, upon request, to the European Parliament and the Council simultaneously and without delay.
Regulation (EU) 2024/792 of the European Parliament and of the Council of 29 February 2024 establishing the Ukraine Facility

article  9

CELEX:  32024R0792

2. With the exception of bridge financing referred to in Article 25, funding shall only be granted to Ukraine after the Framework Agreement and the applicable financing and loan agreements have entered into force.
3. The Framework Agreement, the financing agreements and the loan agreement concluded with Ukraine, taken as a whole, and contracts and agreements signed with persons or entities receiving Union funds shall ensure that the obligations set out in Article 129 of Regulation (EU, Euratom) 2018/1046 are fulfilled.
Regulation (EU) 2024/792 of the European Parliament and of the Council of 29 February 2024 establishing the Ukraine Facility

article  9

CELEX:  32024R0792

4. The Framework Agreement shall ensure the commitment of Ukraine to achieve a high level of protection of the financial interests of the Union and shall lay down detailed provisions concerning, in particular:
(a) the commitment of Ukraine to make decisive progress towards a robust framework to fight fraud, and establish more efficient and effective internal control systems, including appropriate mechanisms for the protection of whistleblowers as well as appropriate mechanisms and measures to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interest as well as to support deoligarchisation efforts and to strengthen the fight against money laundering, organised crime, misuse of public funds, terrorism financing, tax avoidance, tax fraud or tax evasion, and other illegal activities affecting the funds provided under the Facility;
(b) the activities related to control, supervision, monitoring, evaluation, reporting and audit of Union funding under the Facility, as well as detections, investigations, prosecutions, antifraud measures and cooperation, including mutual legal assistance in criminal matters and extradition;
(c) control requirements for release of funding under the Facility to Ukraine;
(d) rules on taxes, duties and charges in accordance with Article 27(9) and (10) of Regulation (EU) 2021/947;
(e) the recognition of the responsibilities of the Audit Board referred to in Article 36, and the modalities of Ukraine’s cooperation with it;
(f) the obligation for persons or entities implementing Union funds under the Facility to notify the Audit Board, the Commission, OLAF and, where applicable, the EPPO, without delay, of suspected or actual cases of irregularities, fraud, corruption and conflicts of interest and other illegal activities affecting the funds provided under the Facility and their follow-up;
(g) the right of the Commission to monitor activities under the Facility carried out by the Ukrainian authorities, along the whole project cycle, including, inter alia, project selection and award procedures, including for public procurement, to take part in such activities as observer, as appropriate, and to make recommendations for the improvement of such activities and commitment from the Ukrainian authorities to do their best efforts to implement such recommendations of the Commission and to report on that implementation;
(h) the obligations referred to in Article 35(2), including the precise rules and a timeframe on collection of data by Ukraine and access to it for the Commission, OLAF, the European Court of Auditors and, where applicable, the EPPO;
(i) the obligation for Ukraine to transmit electronically to the Commission the data referred to in Article 27;
(j) the obligations referred to in Article 43(2) on communication activities and the visibility of the Union funding.