Article 15 Additional conditions for private-law entities

Where Member States pursuant to Article 14 designate private-law entities the Commission shall base its approval of those entities on the following proof provided by those entities:

1. (a)

   their technical and professional capacity, on the basis of documentary evidence of the educational and professional qualifications of the members of their managerial staff;

2. (b)

   their economic and financial capacity, on the basis of the state guarantee provided in accordance with Article 14(3)(e) of Regulation (EC) No 2152/2003 and appropriate statements from banks or evidence of relevant professional risk indemnity insurance, or balance sheets, or extracts from balance sheets, covering at least the last two years for which accounts have been closed, where publication of the balance sheet is required under the company law of the Member State in which the entity is established;

3. (c)

   their competence under national law to perform the budget-implementation tasks, as attested by documentary evidence such as their enrolment in a professional or trade register or a sworn declaration or certificate, membership of a specific organisation, express authorisation or entry in a register for value added tax (VAT);

4. (d)

   that they are not in one of the situations listed in Articles 93 and 94 of Regulation (EC, Euratom) No 1605/2002;

5. (e)

   that they agree to an audit by the Court of Auditors.