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Annex D Declaration On Honour

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Version 2022

Annex D
Declaration on honour1
Ref: Cooperative Support Grant Scheme for Job Creation
Reference Number: ICMPD/2024/3/ENHANCER/CS3/TUR

The undersigned Mrs. Tülin Sabah, representing:

(only for natural persons) (for legal persons) the following entity:
himself or herself:
ID or passport number: Full official name: Limited Liability Zumra Women's Entrepreneurship
Production and Business Cooperative
Official legal form: Women Cooperative
Statutory registration number: 55896
Full official address: Akdeniz Mahallesi 39704 Sokak Çelik Plaza
Zemin Kat No: 21/ A Mezitli /Mersin
(‘the person’)
VAT registration number: 55896
(‘the person’)

declares that the person:


(1) is eligible in accordance with the criteria set out in the specific call for proposals;
(2) has the required financial and operational capacity as set out in the specific call for
proposals2;
(3) has not received any other ICMPD or European Union funding to carry out the action subject
of this grant application and commits to declare immediately to the contracting authority any
other such ICMPD or European Union funding it would receive until the end of the action
(4) does not have an established debt to the ICMPD or European Union.
IF ANY OF THE ABOVE REQUIREMENTS IS NOT SATISFIED, PLEASE INDICATE in annex to this declaration
which and THE NAME OF THE CONCERNED PERSON WITH A BRIEF EXPLANATION.

I – SITUATIONS OF EXCLUSION CONCERNING THE PERSON

(5) declares that the above-mentioned person is not in one of the following situations. If yes,
please indicate in annex to this declaration which situation and the name(s) of the
concerned person with a brief explanation.

1
Not applicable to pillar-assessed organisations.
2
This does not apply to affiliated entities except if their financial capacity and operational capacity is necessary
due to the fact that the beneficiary composed of these affiliated entities does not have the required capacity
itself.

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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 Union or national law;
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 applicable law;
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 person belongs, or by having engaged in any
wrongful conduct which has an impact on its professional credibity 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 eligibility and selection criteria or
in the performance of a contract, an 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 any of the following:
(i) fraud, within the meaning of Article 3 of Directive (EU) 2017/1371 and 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 4(2) of Directive (EU) 2017/1371 or active corruption
within the meaning of Article 3 of the Convention on the fight against corruption involving
officials of the European Communities or officials of Member States of the European Union,
drawn up by the Council Act of 26 May 1997, or conduct referred to in Article 2(1) of
Council Framework Decision 2003/568/JHA, or corruption as defined in the applicable law;
(iii) conduct related to a criminal organisation, as referred to in Article 2 of Council
Framework Decision 2008/841/JHA;
(iv) money laundering or terrorist financing within the meaning of Article 1(3), (4) and (5) of
Directive (EU) 2015/849 of the European Parliament and of the Council;
(v) terrorist offences or offences related to terrorist activities as well as of inciting, aiding,
abetting or attempting to commit such offences as defined in Articles 3, 14 and Title III of
Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017
on combating terrorism;
(vi) child labour or other offences concerning trafficking in human beings as referred to in
Article 2 of Directive 2011/36/EU of the European Parliament and of the Council;

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e) it has shown significant deficiencies in complying with the main obligations in the
performance of a contract, an agreement or a grant decision financed by the ICMPD or the
European 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) it has been established by a final judgment or final administrative decision that the person has
created an entity under a different jurisdiction with the intent to circumvent fiscal, social or
any other legal obligations of mandatory application in the jurisdiction of its registered office,
central administration or principal place of business;
h)
(6) declares that, for the situations referred to in points (5) (c) to (5) (g) above, in the absence of
a final judgement or a final administrative decision, the person is3:
i. subject to facts established in the context of audits or investigations carried out by the
European Public Prosecutor’s Office after its establishment, the Court of Auditors, or
internal auditor, 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
or ICMPD;
ii. subject to non-final judgments or 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. subject to facts referred to in decisions of entities or persons being entrusted with EU
budget implementation tasks;
iv. subject to information transmitted by Member States implementing Union funds;
v. subject to decisions of the Commission relating to the infringement of Union competition
law or of a national competent authority relating to the infringement of Union or national
competition law;
vi. subject to an investigation concerning it by the European Anti-Fraud office (OLAF): either
because it has been given the opportunity to comment on facts concerning it by OLAF or it
has been subject to on-the-spot checks by OLAF in the course of an investigation, or it has
been notified of the opening, the closure or of any circumstance related to an investigation
of the of the OLAF concerning it.

II – SITUATIONS OF EXCLUSION CONCERNING A NATURAL PERSON WHO IS ESSENTIAL FOR THE AWARD OR THE
IMPLEMENTATION OF THE ACTION OR WORK PROGRAMME SUBJECT TO THE GRANT APPLICATION4

(7) declares that a natural person who is essential for the award or for the implementation of

3
The declaration under this point (6) is voluntary and it cannot have adverse legal effect on the person until the
conditions of Article 141(1)(a) FR are met.
4
Where the natural person has been defined in the grant application as essential for the award or for
implementation of the legal commitment in the meaning of Article 136(4)(c) Financial Regulation (e.g.
principal investigator in a research project).

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the action subject to the grant application is not in one of the following situations If yes,
please indicate in annex to this declaration which situation and the name(s) of the
concerned person(s) with a brief explanation:
Situation (5)(c) above (grave professional misconduct)
Situation (5)(d) above (fraud, corruption or other criminal offence)
Situation (5)(e) above (significant deficiencies in performance of a contract )
Situation (5)(f) above (irregularity)
Situation (5)(g) above (creation of an entity with the intent to circumvent legal obligations)

III – SITUATIONS OF EXCLUSION CONCERNING BENEFICIAL OWNERS AND NATURAL OR LEGAL PERSONS WITH
POWER OF REPRESENTATION, DECISION-MAKING OR CONTROL

Not applicable to natural persons, EU Member States and local authorities

(8) declares that a natural or legal person who is a member of the administrative, management
or supervisory body of the above-mentioned person(s), or who has powers of representation,
decision or control with regard to the above-mentioned legal person(s) (this covers e.g.
company directors, members of management or supervisory bodies, and cases where one
natural or legal person holds a majority of shares), or a beneficial owner of the person(s) (as
referred to in point 6 of article 3 of Directive (EU) No 2015/849) is not in one of the following
situations. If yes, please indicate in annex to this declaration which situation and the
name(s) of the concerned person(s) with a brief explanation.

- situation (5)(c) above (grave professional misconduct)

- situation (5)(d) above (fraud, corruption or other criminal offence)

- situation (5)(e) above (significant deficiencies in performance of a contract)

- situation (5)(f) above (irregularity)

- situation (5)(g) above (creation of an entity with the intent to circumvent legal obligations)

IV – SITUATIONS OF EXCLUSION CONCERNING NATURAL OR LEGAL PERSONS ASSUMING UNLIMITED LIABILITY


FOR THE DEBTS OF THE PERSON

This section applies only to declarations that include a person for which a natural or legal
person assumes unlimited liability for debts

(9) declares that a natural or legal person that assumes unlimited liability for the debts of the
above-mentioned person(s) is not in one of the following situations. If yes, please indicate in
annex to this declaration which situation and the name(s) of the concerned person(s) with a

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brief explanation.
- situation (a) above (bankruptcy)

- situation (b) above (breach in payment of taxes or social security contributions)

V – OTHER GROUNDS FOR REJECTION FROM THIS PROCEDURE

(10) declares that the [above-mentioned] the person:


was not previously involved in the preparation of documents used in this award procedure,
where this entailed a breach of the principle of equality of treatment including distortion of
competition that cannot be remedied otherwise. If yes, please indicate in annex to this
declaration the name(s) of the concerned person(s) with a brief explanation.

VI – REMEDIAL MEASURES
If the person(s) declare one of the situations of exclusion listed above, it/they may indicate
remedial measures it/they has/have taken to remedy the exclusion situation, in order to
allow the authorising officer to determine whether such measures are sufficient to
demonstrate its reliability. This may include e.g. technical, organisational and personnel
measures to prevent further occurrence, compensation of damage or payment of fines or of
any taxes or social security contributions. The relevant documentary evidence which
illustrates the remedial measures taken must be provided in annex to this declaration. This
does not apply for situations referred in point (5)(d) of this declaration.

VII – EVIDENCE UPON REQUEST


The contracting authority may request any person subject to this declaration to provide
information and the applicable evidence on any natural or legal person that is member of an
administrative, management or supervisory body or that have powers of representation,
decision or control, including legal and natural persons within the ownership and control
structure and beneficial owners, as well as on a natural persons who are essential for the
award or for the implementation of the action subject to the grant application and
appropriate evidence that none of those persons are in one of the exclusion situations
referred to in (5) (c) to (f).
The contracting authorithy may request any person subject to this declaration to provide the
applicable evidence concerning the person itself and the natural or legal persons which
assume unlimited liability for the debts of the person.
Evidence may be requested as follows:

For situations described in (5)(a), (c), (d) (f), and (g) production of a recent extract from
the judicial record is required or, failing that, an equivalent document recently issued by a
judicial or administrative authority in the country of establishment of the person showing
that those requirements are satisfied.

For the situation described in point (5) (a) and (b), production of recent certificates issued
by the competent authorities of the country of establishment. These documents must
provide evidence covering all taxes and social security contributions for which the person

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is liable, including for example, VAT, income tax (natural persons only), company tax (legal
persons only) and social security contributions. Where any document described above is
not issued in the country concerned, it may be replaced by a sworn statement made
before a judicial authority or notary or, failing that, a solemn statement made before an
administrative authority or a qualified professional body in its country of establishment.

If selected to be awarded a grant, the person subject to this declaration accept(s) the terms
and conditions laid down in the grant contract.

The above-mentioned person must immediately inform the contracting authority of any
changes in the situations as declared.

The person subject to this declaration may be subject to rejection from this procedure and
to administrative sanctions (exclusion or financial penalty) if any of the declarations or
information provided as a condition for participating in this procedure prove to be false.

Full name Date Signature

TÜLİN SABAH 28.10.2024

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