## II.23.2. Recovery procedure 

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. 

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. 

If the contractor does not pay by the due date, the contracting authority may, after informing the contractor in writing, recover the amounts due: 

(a) by offsetting them against any amounts owed to the contractor by the Union or by the European Atomic Energy Community; 

(b) by calling in a financial guarantee if the contractor has submitted one to the contracting authority; 

(c) by taking legal action. 

## II.23.3. Interest on late payment 

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 II.21.8. 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. 

Any partial payment is first entered against charges and interest on late payment and then against the principal amount. 

## II.23.4. Recovery rules in the case of joint tender 

If the contract is signed by a group (joint tender), the group is jointly and severally liable under the conditions set out in Article II.6 (liability). The contracting authority first claims the full amount to the leader of the group. 

If the leader does not pay by the due date and if the amount cannot be offset in accordance with Article II.23.2 (a), the contracting authority may claim the full amount to any other member of the group by notifying the debit note already sent to the leader under Article II.23.2. 

## II.24. CHECKS AND AUDITS 

II.24.1  The contracting authority and the European Anti-Fraud Office may check or require an audit on the implementation of the FWC . This may be carried out either by OLAF’s own staff or by any other outside body authorised to do so on its behalf. 

Such checks and audits may be initiated at any moment during the provision of the services and up to five years starting from the payment of the balance of the last specific contract issued under this FWC 

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. 

