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Regulation (EU) 2024/1449 of the European Parliament and of the Council of 14 May 2024 on establishing the Reform and Growth Facility for the Western Balkans article 9 CELEX: 32024R1449 Facility Agreement
1. The Commission shall conclude a Facility Agreement with each beneficiary for the implementation of the Facility setting out the obligations and payment conditions of the beneficiaries for the disbursement of Facility funding. 2. The Facility Agreement shall be complemented by loan agreements in accordance with Article 17, setting out specific provisions for the management and implementation of funding provided in the forms of loans. Facility Agreements, including any related documentation, shall be made available, upon request, to the European Parliament and the Council simultaneously and without delay. 3. Funding shall be granted to the beneficiaries only after the respective Facility Agreements and the applicable loan agreements have entered into force. 4. The Facility Agreement and the loan agreements concluded with each of the beneficiaries, and agreements concluded with person or entities receiving Union funds, shall ensure that the obligations set out in Article 129 of the Financial Regulation are fulfilled. |
Regulation (EU) 2024/1449 of the European Parliament and of the Council of 14 May 2024 on establishing the Reform and Growth Facility for the Western Balkans article 9 CELEX: 32024R1449 5. The Facility Agreement shall lay down the necessary detailed provisions concerning: (a) the commitment of the beneficiary to make decisive progress towards a robust legal framework to fight fraud, and establish more efficient and effective 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 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 rules on the release, withholding, reduction and redistribution of funds in accordance with Article 21; (c) the activities related to management, control, supervision, monitoring, evaluation, reporting and audit under the Facility, as well as system reviews, investigations, anti-fraud measures and cooperation; (d) the rules on reporting to the Commission on whether and how the payment conditions referred to in Article 12 are fulfilled; (e) the rules on taxes, duties and charges in accordance with Article 27(9) and (10) of Regulation (EU) 2021/947; (f) the measures to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interest, and the obligation for persons or entities implementing Union funds under the Facility to notify the Commission, OLAF and, where applicable, 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 obligations referred to in Articles 23 and 24, including the precise rules and a timeframe on collection of data by the beneficiary and access to it for the Commission, OLAF, the Court of Auditors and, where applicable, EPPO; (h) a procedure to ensure that disbursement requests for loan support fall within the available loan amount, in accordance with Article 6(3); (i) the right of the Commission to reduce proportionately the support provided under the Facility and to recover any amount spent to achieve the objectives of the Facility or to ask for early repayment of the loan, in cases of irregularities, fraud, corruption and conflicts of interest affecting the financial interests of the Union that have not been corrected by the beneficiary, or of a serious breach of an obligation provided for in the Facility Agreement; (j) rules and modalities for the beneficiaries to report for the purpose of monitoring the implementation of the Facility and assessing the achievement of the objectives set out in Article 3. (k) the obligation for beneficiaries to transmit electronically to the Commission the data referred to in Article 22. |