17107/12 FL/ne 1 DG E 2 A COU CIL OF THE EUROPEA U ... - Europa

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Article 23 Protection of the Union's financial interests 56 1. The Commission shall take appropriate measures ensuring that, when actions financed under this Regulation are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive administrative and financial penalties. 2. The Commission or its representatives and the Court of Auditors shall have the power of audit, on the basis of documents and on-the-spot, over all grant beneficiaries, implementing bodies, contractors and subcontractors who have received Union funds under this Regulation. 3. The European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) 57 and Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities 58 with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant agreement or grant decision or a contract funded under this Regulation. 56 Recital (47) to be amended as follows: "The financial interests of the Union should be protected through proportionate measures throughout the expenditure cycle, including the prevention, detection and investigation of irregularities, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, administrative and financial penalties in accordance with Regulation (EU) No XXXX/2012 of the European Parliament and of the Council on the financial rules applicable to the annual budget of the Union." 57 OJ L 136, 31.5.1999, p.1. 58 OJ L 292, 15.11.1996, p. 2. 17107/12 FL/ne 50 ANNEX DG E 2 A E
4. Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and with international organisations, contracts, grant agreements and grants decisions and contracts resulting from the implementation of this Regulation shall contain provisions expressly empowering the Commission, the Court of Auditors and OLAF to conduct such audits and investigations, according to their respective competences. TITLE II GEERAL AD FIAL PROVISIOS Article 24 Committees 1. The Commission shall be assisted by the CEF Coordination Committee. The Committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 3. The Committee shall ensure a horizontal overview of the work programmes referred to in Article 17 to ensure consistency and that synergies are identified and exploited between sectors. Article 25 Exercise of delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to in Article 20 shall be conferred on the Commission from the date of entry into force of this Regulation until the end of the multiannual financial framework period. 17107/12 FL/ne 51 ANNEX DG E 2 A E
Page 1 and 2: COUCIL OF THE EUROPEA UIO Interinst
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Page 65 and 66: Lisboa - Strasbourg ALIGNMENT: Sine
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17107/12 FL/ne 1 DG E 2 A COU CIL OF THE EUROPEA U ... - Europa

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