Note	=	Origin: [https: ec.europa.eu/info/sites/info/files/about_the_european_commission/eu_budget/condit_gen_en.pdf]
Version of January 2019	=
Ti	=	General conditions of the contract
0.1.0.sec	=	The contract consists of a purchase order and these general conditions. If there is any conflict between different provisions in this contract, the following rules must be applied:
0.1.1.sec	=	The provisions set out in the purchase order take precedence over those set out in general conditions;
0.1.2.sec	=	The provisions set out in the general conditions take precedence over those set out in the tender specifications;
0.1.3.sec	=	The provisions set out in the tender specifications take precedence over those set out in the contractor’s tender.
0.1.	=	[G/Z/ol-a/s3]
0.2.sec	=	All documents issued by the contractor (end-user agreements, general terms and conditions, etc.) except its tender are held inapplicable, unless explicitly mentioned in the special conditions of this contract. In all circumstances, in the event of contradiction between this contract and documents issued by the contractor, this contract prevails, regardless of any provision to the contrary in the contractor’s documents.
0.	=	[G/Z/paras/s2]
1.Sec	=	{Def.Sec}
Def.	=	[G/EU_Europa_EC_Conditions_General/EN/Sec/Def/0.md]
1.Sec	=	{Def.Sec}
2.Ti	=	ROLES AND RESPONSIBILITIES IN THE EVENT OF A JOINT TENDER
2.sec	=	In the event of a joint tender submitted by a group of economic operators and where the group does not have legal personality or legal capacity, one member of the group is appointed as leader of the group.
3.Ti	=	SEVERABILITY
3.sec	=	Each provision of this contract is severable and distinct from the others. If a provision is or becomes illegal, invalid or unenforceable to any extent, it must be severed from the remainder of the contract. This does not affect the legality, validity or enforceability of any other provisions of the contract, which continue in full force and effect. The illegal, invalid or unenforceable provision must be replaced by a legal, valid and enforceable substitute provision which corresponds as closely as possible with the actual intent of the parties under the illegal, invalid or unenforceable provision. The replacement of such a provision must be made in accordance with Article {11.Xnum}. The contract must be interpreted as if it had contained the substitute provision as from its entry into force.
4.Ti	=	PERFORMANCE OF THE CONTRACT
4.1.sec	=	The contractor must provide services of high quality standards, in accordance with the state of the art in the industry and the provisions of this contract, in particular the tender specifications and the terms of its tender. Where the Union has the right to make modifications to the {_results}, they must be delivered in a format and with the necessary information which effectively allow such modifications to be made in a convenient manner.
4.2.sec	=	The contractor must comply with the minimum requirements provided for in the tender specifications. This includes compliance with applicable obligations under environmental, social and labour law established by Union law, national law and collective agreements or by the international environmental, social and labour law provisions listed in Annex X to Directive 2014/24/EU{FtNt.1.Xref}, compliance with data protection obligations resulting from Regulation (EU) 2016/679{FtNt.2.Xref} and Regulation (EU) 2018/1725{FtNt.3.Xref}.
4.3.sec	=	The contractor must obtain any permit or licence required in the State where the services are to be provided.
4.4.sec	=	All periods specified in the contract are calculated in calendar days, unless otherwise specified.
4.5.sec	=	The contractor must not present itself as a representative of the contracting authority and must inform third parties that it is not part of the European public service.
4.6.0.sec	=	The contractor is responsible for the {_personnel} who carry out the services and exercises its authority over its {_personnel} without interference by the contracting authority. The contractor must inform its {_personnel} that:
4.6.1.sec	=	they may not accept any direct instructions from the contracting authority; and
4.6.2.sec	=	their participation in providing the services does not result in any employment or contractual relationship with the contracting authority
4.6.	=	[G/Z/ol-a/s2]
4.7.sec	=	The contractor must ensure that the {_personnel} performing the contract and any future replacement {_personnel} possess the professional qualifications and experience required to provide the services, as the case may be on the basis of the selection criteria set out in the tender specifications.
4.8.0.sec	=	At the contracting authority’s reasoned request, the contractor must replace any member of {_personnel} who:
4.8.1.sec	=	does not have the expertise required to provide the services; or
4.8.2.sec	=	has caused disruption at the premises of the contracting authority.
4.8.00.sec	=	The contractor bears the cost of replacing its {_personnel} and is responsible for any delay in providing the services resulting from the replacement of {_personnel}.
4.8.	=	[G/Z/ol-a/s2]
4.9.sec	=	The contractor must record and report to the contracting authority any problem that affects its ability to provide the services. The report must describe the problem, state when it started and what action the contractor is taking to resolve it.
4.10.sec	=	The contractor must immediately inform the Contracting authority of any changes in the exclusion situations as declared, according to Article 137 (1) of Regulation (EU) 2018/1046.
4.	=	[G/Z/ol/s10]
5.Sec	=	{Communicate.Sec}
Communicate.	=	[G/EU_Europa_EC_Conditions_General/EN/Sec/Communicate/0.md]
6.Ti	=	LIABILITY
6.1.sec	=	The contracting authority is not liable for any damage or loss caused by the contractor, including any damage or loss to third parties during or as a consequence of {_performance_of_the_contract}.
6.2.sec	=	If required by the relevant applicable legislation, the contractor must take out an insurance policy against risks and damage or loss relating to the {_performance_of_the_contract}. It must also take out supplementary insurance as reasonably required by standard practice in the industry. Upon request, the contractor must provide evidence of insurance coverage to the contracting authority.
6.3.sec	=	The contractor is liable for any loss or damage caused to the contracting authority during or as a consequence of {_performance_of_the_contract}, including in the event of subcontracting, but only to an amount not exceeding three times the total amount of the contract. However, if the damage or loss is caused by the gross negligence or wilful misconduct of the contractor or of its {_personnel} or subcontractors, as well as in the case of an action brought against the contracting authority by a third party for breach of its intellectual property rights, the contractor is liable for the whole amount of the damage or loss.
6.4.1.sec	=	If a third party brings any action against the contracting authority in connection with the {_performance_of_the_contract}, including any action for alleged breach of intellectual property rights, the contractor must assist the contracting authority in the legal proceedings, including by intervening in support of the contracting authority upon request.
6.4.2.sec	=	If the contracting authority’s liability towards the third party is established and that such liability is caused by the contractor during or as a consequence of the {_performance_of_the_contract}, Article {6.3.Xnum} applies.
6.4.	=	[G/Z/paras/s2]
6.5.sec	=	If the contractor is composed of two or more economic operators (i.e. who submitted a joint tender), they are all jointly and severally liable to the contracting authority for the {_performance_of_the_contract}.
6.6.sec	=	The contracting authority is not liable for any loss or damage caused to the contractor during or as a consequence of {_performance_of_the_contract}, unless the loss or damage was caused by wilful misconduct or gross negligence of the contracting authority.
6.	=	[G/Z/ol/s6]
7.Ti	=	CONFLICT OF INTEREST AND PROFESSIONAL CONFLICTING INTERESTS
7.1.sec	=	The contractor must take all the necessary measures to prevent any situation of {_conflict_of_interest} or {_professional_conflicting_interest}.
7.2.1.sec	=	The contractor must {_notify} the contracting authority in writing as soon as possible of any situation that could constitute a {_conflict_of_interest} or a {_professional_conflicting_interest} during the {_performance_of_the_contract}. The contractor must immediately take action to rectify the situation.
7.2.2.0.sec	=	The contracting authority may do any of the following:
7.2.2.1.sec	=	verify that the contractor’s action is appropriate;
7.2.2.2.sec	=	require the contractor to take further action within a specified deadline;
7.2.2.	=	[G/Z/ol-a/s2]
7.2.	=	[G/Z/paras/s2]
7.3.0.sec	=	The contractor must pass on all the relevant obligations in writing to:
7.3.1.sec	=	its {_personnel};
7.3.2.sec	=	any natural person with the power to represent it or take decisions on its behalf;
7.3.3.sec	=	third parties involved in the {_performance_of_the_contract}, including subcontractors.
7.3.00.sec	=	The contractor must also ensure that the persons referred to above are not placed in a situation which could give rise to conflicts of interest.
7.3.	=	[G/Z/ol-a/s3]
7.	=	[G/Z/ol/s3]
8.Sec	=	{Conf.Sec}
Conf.	=	[G/EU_Europa_EC_Conditions_General/EN/Sec/Conf/0.md]
9.Sec	=	{PrivateData.Sec}
PrivateData.	=	[G/EU_Europa_EC_Conditions_General/EN/Sec/Private_Data/0.md]
10.Ti	=	SUBCONTRACTING
10.1.sec	=	The contractor must not subcontract and have the contract performed by third parties beyond the third parties already mentioned in its tender without prior written authorisation from the contracting authority.
10.2.sec	=	Even if the contracting authority authorises subcontracting, the contractor remains bound by its contractual obligations and is solely responsible for the performance of this contract.
10.3.sec	=	The contractor must ensure that the subcontract does not affect the rights of the contracting authority under this contract, particularly those under Articles {Conf.Xnum}, {IPR.Xnum} and {22.Xnum}.
10.4.sec	=	The contracting authority may request the contractor to replace a subcontractor found to be in a situation provided for in points (d) and (e) of Article {18.1.Xnum}.
10.	=	[G/Z/ol/s4]
11.Ti	=	AMENDMENTS
11.1.sec	=	Any amendment to the contract must be made in writing before all contractual obligations have been fulfilled.
11.2.sec	=	Any amendment must not make changes to the contract that might alter the initial conditions of the procurement procedure or result in unequal treatment of tenderers.
11.	=	[G/Z/ol/s2]
12.Sec	=	{Assign.Sec}
Assign.	=	[G/EU_Europa_EC_Conditions_General/EN/Sec/Assign/0.md]
13.Sec	=	{IPR.Sec}
IPR.	=	[G/EU_Europa_EC_Conditions_General/EN/Sec/Intellectual_Property_Rights/0.md]
14.Sec	=	{ForceMajeure.Sec}
ForceMajeure.	=	[G/EU_Europa_EC_Conditions_General/EN/Sec/Force_Majeure/0.md]
15.Ti	=	LIQUIDATED DAMAGES
15.1.Ti	=	Delay in delivery
15.1.0.sec	=	If the contractor fails to perform its contractual obligations within the applicable time limits set out in this contract, the contracting authority may claim liquidated damages for each day of delay using the following formula:
15.1.1.sec	=	0.3 x (V/d)
15.1.2.sec	=	where
15.1.3.sec	=	V is the price of the relevant purchase or deliverable or {_result} or, failing that, the amount specified in the purchase order;
15.1.4.sec	=	d is the duration specified in the contract for delivery of the relevant purchase or deliverable or {_result} or, failing that, the duration of {_performance_of_the_contract} specified in the purchase order, expressed in days.
15.1.00.sec	=	Liquidated damages may be imposed together with a reduction in price under the conditions laid down in Article {16.Xnum}.
15.1.	=	[G/Z/ol-none/s4]
15.2.Ti	=	Procedure
15.2.1.sec	=	The contracting authority must formally {_notify} the contractor of its intention to apply liquidated damages and the corresponding calculated amount.
15.2.2.sec	=	The contractor has 30 days following the date of receipt to submit observations. Failing that, the decision becomes enforceable the day after the time limit for submitting observations has elapsed.
15.2.3.0.sec	=	If the contractor submits observations, the contracting authority, taking into account the relevant observations, must {_notify} the contractor:
15.2.3.1.sec	=	of the withdrawal of its intention to apply liquidated damages; or
15.2.3.2.sec	=	of its final decision to apply liquidated damages and the corresponding amount.
15.2.3.	=	[G/Z/ol-a/s2]
15.2.	=	[G/Z/ol/s3]
15.3.Ti	=	Nature of liquidated damages
15.3.sec	=	The parties expressly acknowledge and agree that any amount payable under this Article is not a penalty and represents a reasonable estimate of fair compensation for the damage incurred due to failure to provide the services within the applicable time limits set out in this contract.
15.	=	[G/Z/ol/3]
15.4.Ti	=	Claims and liability
15.4.sec	=	Any claim for liquidated damages does not affect the contractor’s actual or potential liability or the contracting authority’s rights under Article {18.Xnum}.
16.Ti	=	REDUCTION IN PRICE
16.1.Ti	=	Quality standards
16.1.1.sec	=	If the contractor fails to provide the service in accordance with the contract (‘unperformed obligations’) or if it fails to provide the service in accordance with the expected quality levels specified in the tender specifications (‘low quality delivery’), the contracting authority may reduce or recover payments proportionally to the seriousness of the unperformed obligations or low quality delivery. This includes in particular cases where the contracting authority cannot approve a {_result}, report or deliverable as defined in the purchase order after the contractor has submitted the required additional information, correction or new version.
16.1.2.sec	=	A reduction in price may be imposed together with liquidated damages under the conditions of Article {15.Xnum}.
16.1.	=	[G/Z/ol/s2]
16.2.Ti	=	Procedure
16.2.1.sec	=	The contracting authority must formally {_notify} the contractor of its intention to reduce payment and the corresponding calculated amount.
16.2.2.sec	=	The contractor has 30 days following the date of receipt to submit observations. Failing that, the decision becomes enforceable the day after the time limit for submitting observations has elapsed.
16.2.3.0.sec	=	If the contractor submits observations, the contracting authority, taking into account the relevant observations, must {_notify} the contractor:
16.2.3.1.sec	=	of the withdrawal of its intention to reduce payment; or
16.2.3.2.sec	=	of its final decision to reduce payment and the corresponding amount.
16.2.3.	=	[G/Z/ol-a/s2]
16.2.	=	[G/Z/ol/s3]
16.3.Ti	=	Claims and liability
16.3.sec	=	Any reduction in price does not affect the contractor’s actual or potential liability or the contracting authority’s rights under Article {18.Xnum}.
16.	=	[G/Z/ol/3]
17.Ti	=	SUSPENSION OF THE PERFORMANCE OF THE CONTRACT
17.1.Ti	=	Suspension by the contractor
17.1.1.sec	=	If the contractor is affected by {_force_majeure}, it may suspend the {_performance_of_the_contract}.
17.1.2.sec	=	The contractor must immediately {_notify} the contracting authority of the suspension. The {_notification} must include a description of the {_force_majeure} and state when the contractor expects to resume the {_performance_of_the_contract}.
17.1.3.sec	=	The contractor must {_notify} the contracting authority as soon as it is able to resume {_performance_of_the_contract}, unless the contracting authority has already terminated the contract.
17.1.	=	[G/Z/ol/s3]
17.2.Ti	=	Suspension by the contracting authority
17.2.1.0.sec	=	The contracting authority may suspend the {_performance_of_the_contract} or any part of it:
17.2.1.1.sec	=	if the procedure for awarding the contract or the {_performance_of_the_contract} proves to have been subject to {_irregularities}, {_fraud} or {_breach_of_obligations};
17.2.1.2.sec	=	in order to verify whether the presumed {_irregularities}, {_fraud} or {_breach_of_obligations} have actually occurred.
17.2.1.	=	[G/Z/ol-a/s2]
17.2.2.sec	=	The contracting authority must formally {_notify} the contractor of the suspension and the reasons for it. Suspension takes effect on the date of {_formal_notification}, or at a later date if the {_formal_notification} so provides.
17.2.3.0.sec	=	The contracting authority must {_notify} the contractor as soon as the verification is completed whether:
17.2.3.1.sec	=	it is lifting the suspension; or
17.2.3.2.sec	=	it intends to terminate the contract under Article {18.1.Xnum}(f) or (j).
17.2.3.	=	[G/Z/ol-a/s2]
17.2.4.sec	=	The contractor is not entitled to compensation for suspension of any part of the contract.
17.2.5.sec	=	The contracting authority may in addition suspend the time allowed for payments in accordance with Article {20.6.Xnum}.
17.2.	=	[G/Z/ol/s5]
17.	=	[G/Z/ol/2]
18.Sec	=	{Terminate.Sec}
Terminate.	=	[G/EU_Europa_EC_Conditions_General/EN/Sec/Terminate/0.md]
19.Ti	=	INVOICES, VALUE ADDED TAX AND E-INVOICING
19.1.Ti	=	Invoices and value added tax
19.1.1.sec	=	Invoices must contain the contractor’s (or leader’s in the case of a joint tender) identification data, the amount, the currency and the date, as well as the contract reference.
19.1.2.sec	=	Invoices must indicate the place of taxation of the contractor (or leader in the case of a joint tender) for value added tax (VAT) purposes and must specify separately amounts not including VAT and amounts including VAT.
19.1.3.sec	=	The contracting authority is exempt from all taxes and duties, including VAT, in accordance with Articles 3 and 4 of the Protocol 7 of the Treaty on the Functioning of the European Union on the privileges and immunities of the European Union.
19.1.4.sec	=	The contractor (or leader in the case of a joint tender) must complete the necessary formalities with the relevant authorities to ensure that the supplies and services required for {_performance_of_the_contract} are exempt from taxes and duties, including VAT.
19.1.	=	[G/Z/ol/s4]
19.2.Ti	=	E-invoicing
19.2.1.sec	=	If provided for in the purchase order, the contractor (or leader in the case of a joint tender) submits invoices in electronic format if the conditions regarding electronic signature specified by Directive 2006/112/EC on VAT are fulfilled, i.e. using a qualified electronic signature or through electronic data interchange.
19.2.2.sec	=	Reception of invoices by standard format (pdf) or email is not accepted.
19.2.	=	[G/Z/ol/s2]
19.	=	[G/Z/ol/2]
20.Ti	=	PAYMENTS
20.1.Ti	=	Date of payment
20.1.sec	=	The date of payment is deemed to be the date on which the contracting authority's account is debited.
20.2.Ti	=	Currency
20.2.sec	=	Payments are made in euros, unless another currency is provided for in the purchase order.
20.3.Ti	=	Conversion
20.3.1.sec	=	The contracting authority makes any conversion between the euro and another currency at the daily euro exchange rate published in the Official Journal of the European Union, or failing that, at the monthly accounting exchange rate, as established by the European Commission and published on the website indicated below, applicable on the day when it issues the payment order.
20.3.2.sec	=	The contractor makes any conversion between the euro and another currency at the monthly accounting exchange rate, established by the Commission and published on the website indicated below, applicable on the date of the invoice.
20.3.3.sec	=	http://ec.europa.eu/budget/contracts_grants/info_contracts/inforeuro/inforeuro_en.cfm
20.3.	=	[G/Z/ol/s3]
20.4.Ti	=	Costs of transfer
20.4.0.sec	=	The costs of the transfer are borne as follows:
20.4.1.sec	=	the contracting authority bears the costs of dispatch charged by its bank;
20.4.2.sec	=	the contractor bears the costs of receipt charged by its bank,
20.4.3.sec	=	the party causing repetition of the transfer bears the costs for repeated transfer.
20.4.	=	[G/Z/ol-a/s3]
20.5.Ti	=	Payment of the balance
20.5.1.sec	=	The contractor (or leader in the case of a joint tender) must send an invoice for payment of the balance within 60 days of the end of the period of provision of the services, as provided for in the purchase order or in the tender specifications.
20.5.2.sec	=	Payment of the invoice and approval of documents does not imply recognition of the regularity, authenticity, completeness and correctness of the declarations and information they contain.
20.5.3.sec	=	Payment of the balance may take the form of recovery.
20.5.	=	[G/Z/ol/s3]
20.6.Ti	=	Suspension of the time allowed for payment
20.6.1.0.sec	=	The contracting authority may suspend the payment periods specified in the purchase order at any time by {_notify}ing the contractor (or leader in the case of joint tender) that its invoice cannot be processed. The reasons the contracting authority may cite for not being able to process an invoice are:
20.6.1.1.sec	=	because it does not comply with the contract;
20.6.1.2.sec	=	because the contractor has not produced the appropriate documents or deliverables; or
20.6.1.3.sec	=	because the contracting authority has observations on the documents or deliverables submitted with the invoice.
20.6.1.	=	[G/Z/ol-a/s3]
20.6.2.sec	=	The contracting authority must {_notify} the contractor (or leader in the case of joint tender) as soon as possible of any such suspension, giving the reasons for it. In cases b) and c) referred above, the contracting authority shall {_notify} the contractor (or leader in case of a joint tender) the time limits to submit additional information or corrections or a new version of the documents or deliverables if the contracting authority requires it.
20.6.3.sec	=	Suspension takes effect on the date the contracting authority sends the {_notification}. The remaining payment period resumes from the date on which the requested information or revised documents are received or the necessary further verification, including on-the-spot checks, is carried out. Where the suspension period exceeds two months, the contractor (or leader in the case of a joint tender) may request the contracting authority to justify the continued suspension.
20.6.4.sec	=	Where the payment periods have been suspended following rejection of a document referred to in the first paragraph of this Article and the new document produced is also rejected, the contracting authority reserves the right to terminate the contract in accordance with Article {18.1.Xnum}(c).
20.6.	=	[G/Z/ol/s4]
20.7.Ti	=	Interest on late payment
20.7.1.sec	=	On expiry of the payment periods specified in the purchase order, the contractor (or leader in the case of a joint tender) is entitled to interest on late payment at the rate applied by the European Central Bank for its main refinancing operations in euros (the reference rate) plus eight points. The reference rate is the rate in force, as published in the C series of the Official Journal of the European Union, on the first day of the month in which the payment period ends.
20.7.2.sec	=	Suspension of the payment period as provided for in Article {20.6.Xnum} is not considered as giving rise to late payment.
20.7.3.sec	=	Interest on late payment covers the period running from the day following the due date for payment up to and including the date of payment as defined in Article {20.1.Xnum}.
20.7.4.sec	=	However, when the calculated interest is EUR 200 or less, it must be paid to the contractor (or leader in the case of a joint tender) only if it requests it within two months of receiving late payment.
20.7.	=	[G/Z/ol/s4]
20.	=	[G/Z/ol/7]
21.Ti	=	RECOVERY
21.1.Sec	=	If an amount is to be recovered under the terms of the contract, the contractor must repay the contracting authority the amount in question.
21.2.Ti	=	Recovery procedure
21.2.1.sec	=	Before recovery, the contracting authority must formally {_notify} the contractor of its intention to recover the amount it claims, specifying the amount due and the reasons for recovery and inviting the contractor to make any observations within 30 days of receipt.
21.2.2.sec	=	If no observations have been submitted or if, despite the observations submitted, the contracting authority decides to pursue the recovery procedure, it must confirm recovery by {_formally_notifying} a debit note to the contractor, specifying the date of payment. The contractor must pay in accordance with the provisions specified in the debit note.
21.2.3.0.sec	=	If the contractor does not pay by the due date, the contracting authority may, after informing the contractor in writing, recover the amounts due:
21.2.3.1.sec	=	by offsetting them against any amounts owed to the contractor by the Union or by the European Atomic Energy Community or by an executive agency when it implements the Union budget;
21.2.3.2.sec	=	by calling in a financial guarantee if the contractor has submitted one to the contracting authority;
21.2.3.3.sec	=	by taking legal action.
21.2.3.	=	[G/Z/ol-a/s3]
21.2.	=	[G/Z/ol/s3]
21.3.Ti	=	Interest on late payment
21.3.1.sec	=	If the contractor does not honour the obligation to pay the amount due by the date set by the contracting authority in the debit note, the amount due bears interest at the rate indicated in Article {20.7.Xnum}. Interest on late payments will cover the period starting on the day after the due date for payment and ending on the date when the contracting authority receives the full amount owed.
21.3.2.sec	=	Any partial payment is first entered against charges and interest on late payment and then against the principal amount.
21.3.	=	[G/Z/ol/s2]
21.4.Ti	=	Recovery rules in the case of joint tender
21.4.1.sec	=	If the contract is signed by a group (joint tender), the group is jointly and severally liable under the conditions set out in Article {6.Xnum} (liability). The contracting authority shall send the debit note first to the leader of the group.
21.4.2.sec	=	If the leader does not pay by the due date the whole amount, and if the amount due cannot be offset or can only be offset partially in accordance with Article {21.2.Xnum} (a), then the contracting authority may claim the amount still due to any other member or members of the group by respectively {_notifying} them with a debit note in conformity with the provisions laid down in Article {21.2.Xnum}.
21.4.	=	[G/Z/ol/s2]
21.	=	[G/Z/ol/4]
22.Ti	=	CHECKS AND AUDITS
22.1.1.sec	=	The contracting authority and the European Anti-Fraud Office may check or require an audit on the {_performance_of_the_contract}. This may be carried out either by OLAF’s own staff or by any outside body authorised to do so on its behalf.
22.1.2.sec	=	Such checks and audits may be initiated at any moment during {_performance_of_the_contract} and up to five years starting from the payment of the balance.
22.1.3.sec	=	The audit procedure is initiated on the date of receipt of the relevant letter sent by the contracting authority. Audits are carried out on a confidential basis.
22.1.	=	[G/Z/paras/s3]
22.2.sec	=	The contractor must keep all original documents stored on any appropriate medium, including digitised originals if authorised under national law, for a period of five years starting from the payment of the balance.
22.3.sec	=	The contractor must grant the contracting authority's staff and outside {_personnel} authorised by the contracting authority the appropriate right of access to sites and premises where the contract is performed and to all the information, including information in electronic format, needed to conduct such checks and audits. The contractor must ensure that the information is readily available at the moment of the check or audit and, if so requested, that information is handed over in an appropriate format.
22.4.1.sec	=	On the basis of the findings made during the audit, a provisional report is drawn up. The contracting authority or its authorised representative must send it to the contractor, who has 30 days following the date of receipt to submit observations. The contractor must receive the final report within 60 days following the expiry of the deadline to submit observations.
22.4.2.sec	=	On the basis of the final audit findings, the contracting authority may recover all or part of the payments made in accordance with Article {21.Xnum} and may take any other measures which it considers necessary.
22.4.	=	[G/Z/paras/s2]
22.5.1.sec	=	In accordance with Council Regulation (Euratom, EC) No. 2185/96 of 11 November 1996 concerning on-the-spot checks and inspection carried out by the Commission in order to protect the European Communities’ financial interests against {_fraud} and other {_irregularities} and Regulation (EU, Euratom) No. 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office, the European Anti-Fraud Office may carry out investigations, including on-the-spot checks and inspections, to establish whether there has been {_fraud}, corruption or any other illegal activity under the contract affecting the financial interests of the Union. Findings arising from an investigation may lead to criminal prosecution under national law.
22.5.2.sec	=	The investigations may be carried out at any moment during the provision of the services and up to five years starting from the payment of the balance.
22.5.	=	[G/Z/paras/s2]
22.6.sec	=	The Court of Auditors and the European Public Prosecutor’s Office established by Council Regulation (EU) 2017/1939{FtNt.5.Xref} (‘the EPPO’) have the same rights as the contracting authority, particularly right of access, for the purpose of checks, audits and investigations.
22.	=	[G/Z/ol/s6]
00.sec	=	{FtNt.Sec}
FtNt.Ti	=	Footnotes
FtNt.	=	[G/Z/ol/s5]
	=	[G/Z/ol/22]
Footnotes	=
FtNt.1.sec	=	OJ L 94 of 28.03.2014, p. 65
FtNt.2.sec	=	Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, OJ L 119, 4.5.2016, p. 1, https: eur-lex.europa.eu/legalcontent/EN/TXT/?uri=uriserv:OJ.L_.2016.119.01.0001.01.ENG
FtNt.3.sec	=	Regulation (EU) 2018/1725 of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, OJ L 295/39, 21.11.2018, https: eurlex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32018R1725&from=EN
FtNt.4.sec	=	Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012, OJ L 193 of 30.7.2018, p.1 https: eur-lex.europa.eu/legal-content/EN/TXT/?qid=1544791836334&uri=CELEX:32018R1046
FtNt.5.sec	=	Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office
_Back_office	=	Back office
_Breach_of_obligations	=	Breach of obligations
_Confidential_information_or_document	=	Confidential information or document
_Conflict_of_interest	=	Conflict of interest
_Creator	=	Creator
_EDI_message	=	EDI message
_EDI_messages	=	EDI messages
_Force_majeure	=	Force majeure
_Formal_notification	=	Formal notification
_Formal_notifications	=	Formal notifications
_Fraud	=	Fraud
_Interface_control_document	=	Interface control document
_Irregularity	=	Irregularity
_Notification	=	Notification
_Performance_of_the_contract	=	Performance of the contract
_Personnel	=	Personnel
_Pre-existing_material	=	Pre-existing material
_Professional_conflicting_interest	=	Professional conflicting interest
_Related_person	=	Related person
_Result	=	Result
_Supplier_portal	=	Supplier portal
_back_office	=	back office
_back_offices	=	back offices
_breach_of_obligations	=	breach of obligations
_confidential_information_or_document	=	confidential information or document
_confidential_information_or_documents	=	confidential information or documents
_conflict_of_interest	=	conflict of interest
_creator	=	creator
_creators	=	creators
_e-PRIOR	=	e-PRIOR
_force_majeure	=	force majeure
_formal_notification	=	formal notification
_formally_notify	=	formally notify
_formally_notifying	=	formally notifying
_fraud	=	fraud
_interface_control_document	=	interface control document
_irregularities	=	irregularities
_notification	=	notification
_notify	=	notify
_notifying	=	notifying
_performance_of_the_contract	=	performance of the contract
_personnel	=	personnel
_pre-existing_material	=	pre-existing material
_pre-existing_materials	=	pre-existing materials
_pre-existing_right	=	pre-existing right
_pre-existing_rights	=	pre-existing rights
_professional_conflicting_interest	=	professional conflicting interest
_related_person	=	related person
_result	=	result
_results	=	results
_supplier_portal	=	supplier portal
1.Xnum	=	1
2.Xnum	=	2
3.Xnum	=	3
4.Xnum	=	4
Communicate.Xnum	=	5
6.Xnum	=	6
7.Xnum	=	7
Conf.Xnum	=	8
PrivateData.Xnum	=	9
10.Xnum	=	10
11.Xnum	=	11
12.Xnum	=	12
IPR.Xnum	=	13
ForceMajeure.Xnum	=	14
15.Xnum	=	15
16.Xnum	=	16
17.Xnum	=	17
18.Xnum	=	18
19.Xnum	=	19
20.Xnum	=	20
21.Xnum	=	21
22.Xnum	=	22
Note	=	The subsection references actually used - (Not all)
Communicate.1.Xnum	=	{Communicate.Xnum}.1
6.3.Xnum	=	{6.Xnum}.3
PrivateData.1.Xnum	=	{PrivateData.Xnum}.1
PrivateData.2.Xnum	=	{PrivateData.Xnum}.2
11.2.Xnum	=	{11.Xnum}.2
IPR.2.Xnum	=	{IPR.Xnum}.2
IPR.3.Xnum	=	{IPR.Xnum}.3
IPR.4.Xnum	=	{IPR.Xnum}.4
18.1.Xnum	=	{18.Xnum}.1
20.1.Xnum	=	{20.Xnum}.1
20.6.Xnum	=	{20.Xnum}.6
20.7.Xnum	=	{20.Xnum}.7
21.2.Xnum	=	{21.Xnum}.2
22.2.Xnum	=	{22.Xnum}.2
FtNt.1.Xref	=	1
FtNt.2.Xref	=	2
FtNt.3.Xref	=	3
FtNt.4.Xref	=	4
FtNt.5.Xref	=	5