II.26.2 Recovery procedure Before recovery, the Commission must send a the partner formal notification to informing it of its intention to recover the amount unduly paid; specifying the amount due and the reasons for recovery; and inviting the partner to make any observations within a specified period. If no observations have been submitted or if, despite the observations submitted by the partner, the Commission decides to pursue the recovery procedure, the Commission may confirm recovery by sending a to the partner formal notification consisting of a note, specifying the terms and the date for payment. If payment has not been made by the date specified in the debit note, the Commission will recover the amount due: (a) by offsetting it, without the partner's consent, against any amounts owed to the partner by the Commission or an executive agency (from the Union or the European Atomic Energy Community (Euratom) budget (“offsetting”); In exceptional circumstances, to safeguard the financial interests of the Union, the Commission may offset before the due date. An action may be brought against such offsetting before the General Court of the European Union in accordance with Article 263 TFEU; (b) by drawing on the financial guarantee provided for in accordance with Article 5.2 of the Specific agreement (“drawing on the financial guarantee”); (c) by taking legal action as provided for in Article II.18.2 or in the Special Conditions or by adopting an enforceable decision as provided for in Article II.18.3. II.26.3 Interest on late payment If payment is not made by the date in the debit note, the amount to be recovered will be increased by late payment interest at the rate set out in Article 5.6 of the Specific agreement from the day following the date for payment in the debit note, up to and including the date the Commission receives full payment of the amount. Partial payment must be credited against charges and late payment interest and then against the principal. II.26.4 Bank charges Bank charges incurred in the recovery process must be borne by the partner, unless Directive 2007/64/EC applies.
II.26.2 Recovery procedure Before recovery, the Commission must send a formal notification to the partner informing it of its intention to recover the amount unduly paid; specifying the amount due and the reasons for recovery; and inviting the partner to make any observations within a specified period. If no observations have been submitted or if, despite the observations submitted by the partner, the Commission decides to pursue the recovery procedure, the Commission may confirm recovery by sending a formal notification to the partner consisting of a note, specifying the terms and the date for payment. If payment has not been made by the date specified in the debit note, the Commission will recover the amount due: (a) by offsetting it, without the partner's consent, against any amounts owed to the partner by the Commission or an executive agency (from the Union or the European Atomic Energy Community (Euratom) budget (“offsetting”); In exceptional circumstances, to safeguard the financial interests of the Union, the Commission may offset before the due date. An action may be brought against such offsetting before the General Court of the European Union in accordance with Article 263 TFEU; (b) by drawing on the financial guarantee provided for in accordance with Article 5.2 of the Specific agreement (“drawing on the financial guarantee”); (c) by taking legal action as provided for in Article II.18.2 or in the Special Conditions or by adopting an enforceable decision as provided for in Article II.18.3. II.26.3 Interest on late payment If payment is not made by the date in the debit note, the amount to be recovered will be increased by late payment interest at the rate set out in Article 5.6 of the Specific agreement from the day following the date for payment in the debit note, up to and including the date the Commission receives full payment of the amount. Partial payment must be credited against charges and late payment interest and then against the principal. II.26.4 Bank charges Bank charges incurred in the recovery process must be borne by the partner, unless Directive 2007/64/EC applies.
annex_2_model_framework_partnership_agreement_final_ireland.docx