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Article 14 Territorial Authorising OfficerF1

United Kingdom

Original text. Later amendments are not shown.

1.

The Government of each OCTs shall appoint a Territorial Authorising Officer to represent it in all operations financed from the resources of the EDF managed by the Commission and the Bank. The Territorial Authorising Officer shall appoint one or more deputy Territorial Authorising Officers to replace him when he is unable to carry out his duties and shall inform the Commission of this appointment. Wherever the conditions regarding institutional capacity and sound financial management are met, the Territorial Authorising Officer may delegate his functions for implementation of the programmes and projects concerned to the body responsible within the OCTs administration. The Territorial Authorising Officer shall inform the Commission of any such delegation.

When the Commission becomes aware of problems in carrying out procedures relating to the management of EDF resources, it shall, in conjunction with the Territorial Authorising Officer, make all contacts necessary to remedy the situation and take any appropriate steps.

The Territorial Authorising Officer shall assume financial responsibility only for the executive tasks entrusted to him.

Where EDF resources are managed in a decentralised way and subject to any additional powers that might be granted by the Commission, the Territorial Authorising Officer shall:

(a)

be responsible for the coordination, programming, regular monitoring and annual, mid-term and end of-term reviews of implementation of cooperation, and, if applicable, for coordination with donors;

(b)

in close cooperation with the Commission, be responsible for the preparation, submission and appraisal of programmes and projects;

(c)

prepare tender dossiers and, where appropriate, the documents for calls for proposals;

(d)

submit tender dossiers and, where appropriate, documents for calls for proposals, to the Commission for approval before launching invitations to tender and, where appropriate, calls for proposals;

(e)

in close cooperation with the Commission, launch invitations to tender and, where appropriate, calls for proposals;

(f)

receive tenders and, if applicable, proposals, and transmit copies of tenders to the Commission; preside over the opening of tenders and decide on the results of their examination within the period of validity of the tenders, taking account of the time required for approval of contracts;

(g)

invite the Commission to the opening of tenders and, if applicable, proposals and notify the Commission of the results of the examination of tenders and proposals for approval of the proposals for the award of contracts and grants;

(h)

submit contracts and programme estimates and any addenda thereto to the Commission for approval;

(i)

sign the contracts and addenda thereto approved by the Commission;

(j)

clear and authorise expenditure within the limits of the funds assigned to him; and

(k)

during the execution operations, make any adaptation arrangements necessary to ensure the proper execution of approved programmes or projects from the economic and technical viewpoint.

2.

The Territorial Authorising Officer shall, during the execution of operations and subject to the requirement to inform the Commission, decide on:

(a)

technical adjustments and alterations to programmes and projects in matters of detail so long as they do not affect the technical solution adopted and remain within the limits of the reserve for adjustments provided for in the financing agreement;

(b)

changes of site for multiple-unit programmes or projects where justified on technical, economic or social grounds;

(c)

imposition or remission of penalties for delay;

(d)

acts discharging guarantors;

(e)

purchase of goods, irrespective of their origin, on the local market;

(f)

use of construction equipment and machinery not originating in the OCTs, Member States or ACP States provided there is no production of comparable equipment and machinery in the OCTs, Member States or ACP States;

(g)

subcontracting;

(h)

final acceptance, provided that the Commission is present at provisional acceptance, endorses the corresponding minutes and, where appropriate, is present at the final acceptance, in particular where the extent of the reservations recorded at the provisional acceptance necessitates major additional work; and

(i)

hiring of consultants and other technical assistance experts.

3.

In addition the Territorial Authorising Officer shall:

(a)

draw up and, after obtaining the approval of the Monitoring Committee, submit to the Commission the annual implementation report;

(b)

carry out the mid-term review referred to in Article 22;

(c)

ensure that those bodies taking part in the management and implementation of EDF programmes maintain either a separate accounting system or an adequate accounting code for all transactions relating to the assistance; and

(d)

take any necessary measures to ensure the implementation of Articles 16, 19, 24 and 30.

4.

When the annual implementation report referred to in Article 21 is submitted, the Commission and the Territorial Authorising Officer shall review the main outcomes of the previous year.

After this review, the Commission may make comments to the Territorial Authorising Officer. The Territorial Authorising Officer shall inform the Commission of any action taken on these comments. Where in duly substantiated cases the Commission considers that the measures taken are inadequate, it may make recommendations to the OCTs and the Territorial Authorising Officer for adjustments aimed at improving the effectiveness of the monitoring or management arrangements, together with the reasons for any such recommendations.

On receiving any such recommendations, the Territorial Authorising Officer shall subsequently demonstrate the steps taken to improve the monitoring or management arrangements or shall explain why no such steps have been taken.

Annotations

Textual amendments

F1

Substituted by Commission Regulation (EC) No 1424/2007 of 4 December 2007 amending Regulation (EC) No 2304/2002 implementing Council Decision 2001/822/EC on the association of the overseas countries and territories with the European Community and allocating the indicative amounts under the 10th European Development Fund.