Commission Implementing Regulation (EU) No 1244/2014Dangos y teitl llawn

CHAPTER 9 U.K. CERTIFICATION MECHANISM FOR SENDING AND HOSTING ORGANISATIONS

Article 32 U.K. Certification mechanism for hosting organisations

1. Hosting organisations aspiring for certification shall provide an objective and truthful self-assessment in accordance with the requirements referred to in point 1 of Annex III, assessing their existing policies and practices against the requirements of the standards and procedures regarding candidate volunteers and EU Aid Volunteers set out in this Regulation and in the Commission Delegated Regulation to be adopted on the basis of Article 9(2) of Regulation (EU) No 375/2014.

2. In the self-assessment, the hosting organisation shall disclose any gaps and areas of need for improvement that may require capacity building in order to reach a full level of compliance.

3. The hosting organisation shall provide with the self-assessment three references in accordance with the requirements set out in point 1 of Annex III to provide comprehensive information on all requirements of the standards and procedures regarding candidate volunteers and EU Aid Volunteers. The references shall be from a minimum of two of the following groups of stakeholders:

(a) A certified sending or hosting organisation with which the applicant hosting organisation has already had, or envisages to set up, a partnership for participation in the EU Aid Volunteers initiative;

(b) A humanitarian aid partner of the Commission with a framework (partnership) agreement in force, with whom the applicant hosting organisation has successfully worked on a humanitarian aid project;

(c) A relevant international organisation or not-for-profit organisation or public law body of a civilian character with which the applicant hosting organisation has successfully worked on a humanitarian aid project;

(d) An accreditation or auditing organisation that has certified the applicant hosting organisation in areas relevant for the EU Aid Volunteers initiative, in which case the relevant accreditation or auditing documents should also be provided.

4. The completed self-assessment shall be signed by the person empowered to represent and legally bind the hosting organisation and sent, together with the references referred to in paragraph 3, to the Commission.

5. Based on the self-assessment and the references, the Commission shall assess the application and may take one of the following decisions:

(a) To award certification in cases where the applicant hosting organisation is assessed as fully compliant with the requirements of the standards and procedures;

(b) Not to award certification in cases where the applicant hosting organisation does not fully comply with the requirements of the standards and procedures.

6. Within six months of receipt of the application, the Commission shall inform the applicant hosting organisation about the outcome of the certification, specifying also opportunities for capacity building support, if needed, with a view to re-submitting an application. In case there are any identified needs to be met based on a strategy for capacity building to be provided by the applicant hosting organisation, the latter shall be eligible and have priority for capacity building support.

Article 33 U.K. Certification mechanism for sending organisations

1. Sending organisations aspiring for certification shall provide an objective and truthful evidence-based self-assessment in accordance with the requirements referred to in point 2 of Annex III, assessing their existing policies and practices against the requirements of the standards and procedures regarding candidate and EU Aid Volunteers.

2. In the evidence-based self-assessment, the sending organisation shall disclose any gaps and areas of need for improvement that may require technical assistance in order to reach a full level of compliance. It shall also enclose sample evidence and means of verification that the policies and practices referred to in each of the requirements of the standards and procedures are implemented, particularly in relation to volunteers.

3. The completed evidence-based self-assessment shall be signed by the person empowered to represent and legally bind the sending organisation and sent, together with the accompanying documents referred to in paragraph 2, to the Commission.

4. Based on the evidence-based self-assessment and the accompanying documents provided, the Commission shall assess the application and may take one of the following decisions:

(a) To award certification in cases where the applicant sending organisation is assessed as fully compliant with the requirements of the standards and procedures;

(b) Not to award certification in cases where the applicant sending organisation does not fully comply with the requirements of the standards and procedures.

5. Within six months of receipt of the application, the Commission shall inform the applicant sending organisation about the outcome of the certification, specifying also opportunities for technical assistance, if needed, with a view to re-submitting an application. In case there are any identified needs to be met based on a strategy for technical assistance to be provided by the sending organisation, the latter shall be eligible and have priority for technical assistance.

Article 34 U.K. Legal remedies

1. A decision of the Commission not to award certification and reject the application shall indicate that the rejected applicant organisation may only re-apply after a twelve-month period, starting from the date of receipt by the applicant of the decision of rejection. The decision shall specify also the available legal remedies against the decision.

2. In pursuance of Articles 256 and 263 of the Treaty on the Functioning of the European Union (TFEU), the General Court has jurisdiction over acts of the European Commission intended to produce legal effects vis-à-vis third parties. Likewise, in pursuance of Article 256, 268 and 340 TFEU, the General Court has jurisdiction in disputes relating to compensation for damages caused by the European Commission in the case of non-contractual liability.

Article 35 U.K. Financial viability and organisational capacity of the organisations

The assessment of the financial viability and organisational capacity of the certified sending and hosting organisations is outside the scope of the certification procedure. As a pre-condition for receiving financial assistance from the Union, this viability and capacity shall be assessed at the stage of the application process following a call for proposals.

Article 36 U.K. Validity of the certification and regular checks

1. The certified sending and hosting organisations shall undergo re-certification after three years upon receipt of the decision of the Commission awarding the certification or at any time in the event of substantial amendments to the standards or procedures for the issues concerned.

2. Within the period of validity of the certification, the certified sending and hosting organisations may be required, where necessary, to undergo regular checks to be undertaken by the Commission.

3. Certified sending and hosting organisations shall immediately inform the Commission of any change in their legal, financial, technical or organisational situation that may put into question their compliance with the standards and procedures, or may create conflicts of interests. They shall also inform the Commission of any change in their name, address or legal representative.

Article 37 U.K. Suspension and termination of certification

1. Based on the information obtained from the certified sending or hosting organisation, including from the regular checks referred to in Article 36(2) or information obtained through any other means, the Commission may consider that the certified sending or hosting organisation no longer complies with one or more of the standards or procedures. In such cases, the Commission may take appropriate action, including suspending or terminating the certification, in accordance with the procedure set out in point 3 of Annex III.

2. The sending or hosting organisation subject to a suspended or terminated certification shall not deploy or host EU Aid Volunteers as from the date of the suspension or termination and shall not be eligible to receive financial assistance from the Union to that end.

3. In light of the reasons for the suspension or termination of the certification, in particular the safety and security of EU Aid Volunteers, the Commission may require the repatriation of EU Aid Volunteers who are deployed at the time of the suspension or termination.

4. The sending or hosting organisation shall not be entitled to claim compensation on account of a suspension or termination of certification.

Article 38 U.K. Liability for damages

The Commission shall not be held liable for any loss or damage caused or sustained by the sending or hosting organisation, or third parties, as a consequence of the certified status of the sending or hosting organisation.