ENERGY Call for proposalS 2017
APPLICATION FORM
PART B
Administrative information
Title of the proposed action
TENtec number
Application Form Part B
/ EUROPEAN COMMISSION / CONNECTING EUROPE FACILITY
ENERGY SECTOR / B
ADMINISTRATIVE INFORMATION ON APPLICANTS
1. Legal Entity form (LEF)
All applicants (except Member States, Regions or Provinces of the European Union, and third countries), and all entities designated as affiliated entities (see definition in the Guide for Applicants) need to provide a Legal Entity form, available in all EU languages at the following link:
http://ec.europa.eu/budget/contracts_grants/info_contracts/legal_entities/legal_entities_en.cfm.
Upload the completed LEF in the TENtec eSubmission module, along with any additional documents referred to in the form (e.g. resolution, law, register(s) of companies, official gazette, VAT registration).
2. Grounds for Exclusion
All applicants (except EU Member States, regions or provinces of the European Union and third countries) and their designated affiliated entities must complete and sign the declaration forms B1 and B2 respectively, as applicable.
3. Financial Identification form
All applicants must provide the official Financial Identification form. The form is available in all EU languages at the following link:
http://ec.europa.eu/budget/contracts_grants/info_contracts/financial_id/financial_id_en.cfm.
Upload the completed and stamped Financial Identification form in the TENtec eSubmission module, along with any additional documents referred to in the form (e.g. recent bank statement).
4. Requirements on the financial and operational capacity of the applicant
The available legal statuses for applicants are as follows (for definitions, see the Guide for Applicants):
(1) / Member State(2a) / Transmission System Operator certified in accordance with Articles 10 or 11 of Directive 2009/72/EC[1] or Directive 2009/73/EC[2]
(2b) / Transmission System Operator NOT certified in accordance with Articles 10 or 11 of Directive 2009/72/EC or Directive 2009/73/EC
(3) / Public undertaking or body established in the EU
(4) / Private undertaking of body established in the EU
(5) / Joint Undertaking[3] established in the EU
(6) / International organisation[4]
(7) / Third country
(8) / Public undertaking or body established in a third country
(9) / Private undertaking or body established in a third country
N.B.: Transmission System Operators that are NOT certified in accordance with Articles 10 or 11 of Directive 2009/72/EC or Directive 2009/73/EC should specify whether they fall under the category (3) or (4). In case this is not specified, the uncertified TSO concerned needs to provide supporting documents proving its financial and operational capacity, as under category (4).
For the definition of a public entity in the context of the CEF, please refer to the Guide for Applicants.
Applicants under categories (1), (2a), (3), (5) which qualify as public bodies, (6) or (7) as listed above are exempt from proving their financial and operational capacity.
Applicants falling within the scope of category (2a) are requested to provide their valid certification decision.
Applicants under categories (2b) which are not a public entity, (4), (5) which do not qualify as public bodies, (8) and/or (9), must prove that they have the financial and operational capacity to carry out the proposed Action.
4.1. Overview
For each applicant, please specify in the table below – adding rows as needed for multi-applicant proposals – the applicant's name, legal status, and whether it is exempt from demonstrating its financial and operational capacity. Certified TSOs should indicate whether the certification decision is provided.
For all applicants which must demonstrate their financial and operational capacity, please confirm whether supporting documents and information have been provided.
Applicant name / Applicant legal status(To be chosen among the categories (1) to (9) listed above) / Does this applicant need to provide proof of financial/operational capacity? (see exceptions above) (Yes/No) / For certified TSOs only:
Is the certification decision provided? (Yes/No) / Supporting documents/ information provided? (see sections 4.2 and 4.3 below) (Yes/No)
Financial capacity / Operational capacity
If these supporting documents/information are not provided for the applicant(s) required to prove their financial and operational capacity, please explain why:
4.2. Financial capacity
Applicants which must demonstrate their financial capacity as listed in section 4.1 are requested to provide the following supporting documents:
1. The completed Financial Capacity Check form provided on the call website: https://ec.europa.eu/inea/en/connecting-europe-facility/cef-energy/calls/2017-cef-energy-call-proposals
- AND –
2. Financial statements (i.e. balance sheet, income statement and cash flow statement) for the last financial year for which the accounts were closed.
- OR -
- A letter of support in case the applicant has not been operating for one year, AND
- The financial capacity check form for the entity providing the support duly filled in, AND
- Financial statements (i.e. balance sheet, income statement and cash flow statement) for the last financial year for which the accounts were closed
For the financial documents, only those reference documents containing the data used to complete the Financial Capacity Check form must be submitted. It is important that there is a clear link between the figures entered in the Financial Capacity Check form and the submitted supporting documents. One possibility to ensure this is to add the electronic excel table indicating the aggregated amounts.
4.3. Operational capacity
For each applicant required to prove its operational capacity, please provide below the following information and appropriate documents attesting operational capacity as relevant:
· a description of the profiles of the people primarily responsible for managing and implementing the proposed Action (e.g. accompanied by a curriculum vitae),
· a list of previous actions and activities carried out in equivalent actions in related fields
In addition, applicants are required to provide the organisations’ activity reports for at least the last year as supporting document to be annexed to the proposal.
All required supporting documents must be uploaded into the TENtec e-Submission module.
4.4. Designated affiliated entities
If the designated affiliated entities will be the only ones implementing the proposed Action, they must demonstrate that they have the financial and operational capacity to carry out the proposed Action.
Documents demonstrating the financial and operational capacity do not need to be submitted at the time of the application but will be requested during grant agreement preparation. If unsatisfactory, the affiliated entity concerned may not be included in the grant agreement.
Complete the table below, adding rows as needed.
Applicant / Designated affiliated entity(ies)(as indicated in application form Form A2.4) / Does/will the affiliated entity fully implement the proposed Action?
Yes/No
5. Requirements for applicants that are third countries or entities established in third countries
Applications submitted by third countries and entities established in third countries must contain the agreement of the Member State(s) concerned by the proposed Action (application form part A2.3).
In addition, such applications must contain the following documents:
- A declaration on why the participation of the applicant is indispensable (part B4)
- Proof of the support of the third country authorities concerned by the proposed Action (part B3) - only for entities established in third countries).
All required supporting documents must be duly completed, signed and stamped (if relevant), and uploaded into the TENtec eSubmission module.
Application Form Part B/ EUROPEAN COMMISSION / CONNECTING EUROPE FACILITY
ENERGY SECTOR / B1
TENtec proposal number
DECLARATION FORM OF PUBLIC OR PRIVATE UNDERTAKINGS OR BODIES APPLYING FOR EU FINANCIAL AID
In accordance with Article 131 of Regulation (EU, EURATOM) No 966/2012[5] on the applications for grants, and in accordance with Commission delegated Regulation No 1268/2012,[6] I declare on my honour that:
I. the body or undertaking I am representing is NOT in any of the following situations which would exclude it from participating in a grant award procedure (If yes, please indicate in annex to this declaration which situation and the name(s) of the concerned body or undertaking with a brief explanation):
a) it is bankrupt, subject to insolvency or winding up procedures, its assets are being administered by a liquidator or by a court, it is in an arrangement with creditors, its business activities are suspended or it is in any analogous situation arising from a similar procedure provided for under national legislation or regulations;
b) it has been established by a final judgement or a final administrative decision that it is in breach of its obligations relating to the payment of taxes or social security contributions in accordance with the law of the country in which it is established, with those of the country in which the authorising officer is located or those of the country of the performance of the contract;
c) it has been established by a final judgement or a final administrative decision that it is guilty of grave professional misconduct by having violated applicable laws or regulations or ethical standards of the profession to which the entity belongs, or by having engaged in any wrongful conduct which has an impact on its professional credibility where such conduct denotes wrongful intent or gross negligence, including, in particular, any of the following:
i. fraudulently or negligently misrepresenting information required for the verification of the absence of grounds for exclusion or the fulfilment of selection criteria or in the performance of a contract, a grant agreement or a grant decision;
ii. entering into agreement with other persons with the aim of distorting competition;
iii. violating intellectual property rights;
iv. attempting to influence the decision-making process of the Commission/the Agency during the award procedure;
v. attempting to obtain confidential information that may confer upon it undue advantages in the award procedure;
d) it has been established by a final judgement that it is guilty of the following:
i. fraud, within the meaning of Article 1 of the Convention on the protection of the European Communities' financial interests, drawn up by the Council Act of 26 July 1995;
ii. corruption, as defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of EU Member States, drawn up by the Council Act of 26 May 1997, and in Article 2(1) of Council Framework Decision 2003/568/JHA, as well as corruption as defined in the legal provisions of the country where the authorising officer is located, the country in which the entity is established or the country of the performance of the contract;
iii. participation in a criminal organisation, as defined in Article 2 of Council Framework Decision 2008/841/JHA;
iv. money laundering or terrorist financing, as defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council;
v. terrorist-related offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA, respectively, or inciting, aiding, abetting or attempting to commit such offences, as referred to in Article 4 of that Decision;
vi. child labour or other forms of trafficking in human beings as defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council;
e) it has shown significant deficiencies in complying with the main obligations in the performance of a contract, a grant agreement or a grant decision financed by the Union’s budget, which has led to its early termination or to the application of liquidated damages or other contractual penalties, or which has been discovered following checks, audits or investigations by an Authorising Officer, OLAF or the Court of Auditors;
f) it has been established by a final judgment or final administrative decision that it has committed an irregularity within the meaning of Article 1(2) of Council Regulation (EC, Euratom) No 2988/95;
g) for the situations of grave professional misconduct, fraud, corruption, other criminal offences, significant deficiencies in the performance of the contract or irregularity, it is subject to:
i. facts established in the context of audits or investigations carried out by the Court of Auditors, OLAF or internal audit, or any other check, audit or control performed under the responsibility of an authorising officer of an EU institution, of a European office or of an EU agency or body;
ii. non-final administrative decisions which may include disciplinary measures taken by the competent supervisory body responsible for the verification of the application of standards of professional ethics;
iii. decisions of the ECB, the EIB, the European Investment Fund or international organisations;
iv. decisions of the Commission relating to the infringement of the Union's competition rules or of a national competent authority relating to the infringement of Union or national competition law;
v. decisions of exclusion by an authorising officer of an EU institution, of a European office or of an EU agency or body.
II. the body or undertaking I am representing undertakes to provide, as soon as possible, the documents referred to in Articles 141 and 197 of Commission delegated Regulation No 1268/2012 at the request of the European Commission/ Agency, failing which the grant may not be awarded in accordance with Article 131 of Regulation No 966/2012;
III. this application for funding is not the subject of any other application for funding under the EU budget and that the body or undertaking I am representing has not received any other Union funding to carry out the action subject to this grant application.
IV. If applicable (in case the applicant is a private body or undertaking): In accordance with Article 196 of Commission delegated Regulation No 1268/2012, the private body or undertaking I am representing has the financial and operational capacity to complete the action proposed in this grant application.
If any of the requirements listed in points II to IV is NOT satisfied, please indicate in annex to this declaration which and the name of the concerned entity(ies) with a brief explanation.
Remedial measures
If, for the body or undertaking subject to this declaration, it has been declared that it is in one of the situations of exclusion listed above (section I), an annex to this declaration must indicate the measures the body or undertaking has taken to remedy the exclusion situation, thus demonstrating its reliability. This may include e.g. technical, organisational and personnel measures to prevent further occurrence, compensation of damage or payment of fines. The annex must include relevant documentary evidence which illustrates the remedial measures taken. Remedial measures cannot be proposed for situations referred in point (d).