Dear s,

following up with some ideas for conversation took place during the conference MEDPACT / CIUDAD (Brussels 21 to 23 June 2010), forward these summaries I hope aims at a useful comparison on a common position on the financial management of the project.

Recall that the focus of these reflections had addressed the issue of transfers in advance that the leading partner is often forced to having to make if it wants to implement the action.

It would be simplistic only to bring this dynamic MEDA countries, but the fact is that almost by their systematic recourse to the phrase “we can do nothing if not transferred the money.” The other – correct – sentence in addition to this, is: “The Commission has transferred the money in advance to you. Why you should not do the same with us?”

Here begins the problem and finding solutions.

First, we can say that is not an administrative problem, Italian, let alone small towns. It is rather the application of models of good administration and governance, and specifically risk management (will show after a passage of regulations on cooperation, not just directly back to the office).

Secondly, in seeking a solution, we can say that – in theory – to overcome the impasse of transfers in advance, simply build the partnership agreement with the contract value, where the transfer mode and penalties for any failures are provided accurately and precisely under contract.

From this point of view, it would be greatly desirable to have specific standards (eg, Mediterranean model partnership agreement) to whom they can rely, as experience shows how often – when these operations are left to the free determination of the parties, are sometimes contradictory and a source of misunderstanding, if not contentious.

Moreover, the problem remains open, although “the contract has the force of law between the parties”, which applies to the Italian law is not perfectly be framed when the pact between the subscribers there are foreign countries and, of Moreover, outside Europe. The result is that the internal organs (Executive, Manager in charge) the Ente lead to assigning a value to the contractual agreements on partnership and, therefore, recall the statutory provision that prohibits the transfer in advance and can liquidate and pay only upon presentation of invoices and related documents.

In cases where a strict interpretation prevails, keep in mind that the Partnership is not considered by the internal organs as a reason for derogation from the general principle so that, in fact, the dynamics of transfers in advance (even if provided by the P.A.) can not be performed. Neither exception to this may raise substantial reasons, because there is nothing prescriptive program (Grant Contract, Guidelines, etc..) Gives discipline, remaining on the free determination of the parties and responsibility on the project leader, to meet all sums in respect of the Managing Authority.

To want to be always positive and optimistic, even in this case (and indeed even if no partnership agreement is adopted) but there is a possibility to overcome the problem: this would be a manifestation of will to take to the applicant, in which it undertakes to carry out the project activities, consistent with specific budget lines, the leader asks the payment of sums relating to their needs.

The value of this procedure should be part of the M.A. guidelines.

Of course, this procedure should be taken against public bodies, whereas their expression of will (expressed through formal and typically act) guarantee sufficient for admissibility in revenge. Otherwise, to private bodies, should be back to bank guarantees, plus having the disadvantage of being eligible for the additional cost reporting and disciplines have different for different countries).

In any case, it would gain on the assumptions outlined there was a clear announcement by the competent MA in order to legitimize the process and understanding the dynamics of revenge in organizations (MA to the Contractor and the Contractor to the defaulting partner) , has made clear that the procedure poses makers in a state of certainty of its work properly.

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Available for any useful examination,

Sincerely

David Crimi

EUROPE DIRECT CATANIA
c / o Comune di Catania – Community Policies
by Temple 62-1 fl – 95100 Catania
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