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Council Decision 2004/658/CFSPShow full title

Council Decision 2004/658/CFSP of 13 September 2004 on the financial provisions applicable to the general budget of the European Defence Agency

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  1. Introductory Text

  2. Article 1.The financial provisions applicable to the implementation and control of...

  3. Article 2.This Decision shall take effect on the day of its...

  4. Article 3.This Decision shall be published in the Official Journal of...

    1. ANNEX

      FINANCIAL PROVISIONS APPLICABLE TO THE GENERAL BUDGET OF THE EUROPEAN DEFENCE AGENCY (Agency)

      1. TITLE I ANNUALITY

        1. Article 1.(1) The Chief Executive may make transfers from one title...

        2. Article 2.(1) Appropriations which have not been used at the end...

      2. TITLE II IMPLEMENTATION OF THE GENERAL BUDGET

        1. CHAPTER 1 Financial actors

          1. Section 1 Principle of segregation of duties

            1. Article 3.The duties of authorising officer and accounting officer shall be...

          2. Section 2 Authorising officer

            1. Article 4.(1) The Chief Executive shall perform the duties of authorising...

            2. Article 5.(1) The authorising officer shall be responsible for implementing revenue...

          3. Section 3 Segregation of duties of initiation and verification of an operation

            1. Article 6.(1) Initiation of an operation shall mean all the operations...

          4. Section 4 Management and internal control procedures

            1. Article 7.The management and internal control systems and procedures shall be...

          5. Section 5 Accounting officer

            1. Article 8.The Agency shall appoint an accounting officer from amongst the...

            2. Article 9.(1) The accounting officer shall be responsible in the Agency...

            3. Article 10.The accounting officer may, in the performance of his duties,...

          6. Section 6 Imprest administrator

            1. Article 11.For the payment of small sums and for the collection...

        2. CHAPTER 2 Liability of the financial actors

          1. Section 1 General rules

            1. Article 12.(1) Without prejudice to any disciplinary action, authorising officers by...

          2. Section 2 Rules applicable to authorising officers by delegation or subdelegation

            1. Article 13.(1) The authorising officer may be required to make good,...

          3. Section 3 Rules applicable to accounting officers and imprest administrators

            1. Article 14.An accounting officer may be required to make good, in...

            2. Article 15.An imprest officer may be required to make good, in...

        3. CHAPTER 3 Revenue operations

          1. Section 1 Making available the Agency's revenue

            1. Article 16.An estimate of revenue constituted by miscellaneous revenue and the...

          2. Section 2 Estimate of amounts receivable

            1. Article 17.(1) An estimate of the amount receivable shall be made...

          3. Section 3 Establishment of amounts receivable

            1. Article 18.(1) Establishment of an amount receivable is the act by...

          4. Section 4 Authorisation of recovery

            1. Article 19.(1) The authorisation of recovery is the act whereby the...

          5. Section 5 Recovery and default interest

            1. Article 20.(1) The accounting officer shall act on recovery orders for...

            2. Article 21.(1) Any amount receivable not repaid on the due date...

        4. CHAPTER 4 Expenditure operations

          1. Article 22.(1) Every item of expenditure shall be committed, validated, authorised...

          2. Section 1 Commitment of expenditure

            1. Article 23.(1) The budgetary commitment is the operation reserving the appropriation...

            2. Article 24.(1) In respect of any measure which may give rise...

            3. Article 25.(1) When adopting a budgetary commitment, the authorising officer responsible...

          3. Section 2 Validation of expenditure

            1. Article 26.Validation of expenditure is the act whereby the authorising officer...

          4. Section 3 Authorisation of expenditure

            1. Article 27.Authorisation of expenditure is the act whereby the authorising officer...

          5. Section 4 Payment of expenditure

            1. Article 28.(1) Payment shall be made on production of proof that...

            2. Article 29.(1) Payment of expenditure shall be made by the accounting...

          6. Section 5 Time limits for expenditure operations

            1. Article 30.(1) Sums due shall be paid within no more than...

        5. CHAPTER 5 IT systems

          1. Article 31.Where revenue and expenditure operations are managed by means of...

        6. CHAPTER 6 Internal auditor

          1. Article 32.The Agency shall establish an internal auditing function which must...

          2. Article 33.(1) The internal auditor shall advise the Agency on dealing...

          3. Article 34.Special rules applicable to the internal auditor shall be laid...

      3. TITLE III PROCUREMENT

        1. CHAPTER 1 General provisions

          1. Section 1 Scope and award principles

            1. Article 35.(1) Public contracts are contracts for pecuniary interest concluded in...

            2. Article 36.(1) All public contracts financed in whole or in part...

          2. Section 2 Publication

            1. Article 37.(1) All contracts exceeding the thresholds provided for in the...

          3. Section 3 Procurement procedures

            1. Article 38.(1) Procurement procedures shall take one of the following forms:...

            2. Article 39.The Directives of the European Parliament and of the Council...

          4. Section 4 Call for tenders

            1. Article 40.A full, clear and precise description of the subject of...

            2. Article 41.Participation in tendering procedures shall be open on equal terms...

            3. Article 42.Where the Multilateral Agreement on Government Procurement concluded within the...

            4. Article 43.(1) Candidates or tenderers shall be excluded from participation in...

            5. Article 44.Contracts may not be awarded to candidates or tenderers who,...

            6. Article 45.The Agency shall establish a central database containing details of...

            7. Article 46.Administrative or financial penalties may be imposed by the contracting...

            8. Article 47.(1) The selection criteria for evaluating the capability of candidates...

            9. Article 48.(1) The arrangements for submitting tenders shall ensure that there...

            10. Article 49.While the procurement procedure is under way, all contacts between...

            11. Article 50.(1) The authorising officer shall decide to whom the contract...

            12. Article 51.The contracting authority may, before the contract is signed, either...

          5. Section 5 Guarantees and control

            1. Article 52.The contracting authority may and, in certain cases provided for...

            2. Article 53.(1) Where the award procedure or performance of the contract...

        2. CHAPTER 2 Implementing modalities

          1. Article 54.(1) A framework contract is a contract concluded between the...

          2. Section 1 Publication

            1. Article 55.(1) In the case of contracts covered by the public...

            2. Article 56.(1) Contracts with a value below the thresholds provided for...

            3. Article 57.(1) The Office for Official Publications of the European Communities...

            4. Article 58.(1) In addition to the advertising provided for in Articles...

          3. Section 2 Procurement procedures

            1. Article 59.(1) Contracts shall be awarded by call for tender, using...

            2. Article 60.(1) In a restricted procedure, including the procedure referred to...

            3. Article 61.In negotiated procedures, the Agency shall negotiate with tenderers the...

            4. Article 62.(1) The rules for the organisation of a contest shall...

            5. Article 63.(1) The Agency may use the negotiated procedure without prior...

            6. Article 64.(1) The Agency may use the negotiated procedure after having...

            7. Article 65.(1) A call for expressions of interest shall constitute a...

            8. Article 66.(1) A restricted procedure with at least five candidates being...

            9. Article 67.The thresholds for publication of a pre-information notice shall be:...

            10. Article 68.The thresholds referred to in Article 39 shall be: EUR...

            11. Article 69.(1) Documents relating to the invitation to tender shall include...

            12. Article 70.(1) Technical specifications shall afford equal access for candidates and...

            13. Article 71.(1) The documents relating to the invitation to tender shall...

            14. Article 72.(1) Without prejudice to the application of penalties laid down...

            15. Article 73.(1) The contracting authority shall accept, as satisfactory evidence that...

            16. Article 74.(1) The Agency shall draw up clear and non-discriminatory selection...

            17. Article 75.(1) Proof of economic and financial capacity may be furnished...

            18. Article 76.(1) The technical and professional capacity of economic operators shall...

            19. Article 77.(1) Contracts shall be awarded in one of the following...

            20. Article 78.(1) If, for a given contract, tenders appear to be...

            21. Article 79.(1) The time limits for the receipt of tenders and...

            22. Article 80.(1) Provided that the request was made in good time...

            23. Article 81.(1) Where duly substantiated urgency renders impracticable the time-limits laid...

          4. Section 3 Processing of tenders and requests to participate

            1. Article 82.(1) Requests to participate shall be submitted by letter, fax...

            2. Article 83.(1) All requests to participate and tenders that satisfy the...

            3. Article 84.(1) All requests to participate and tenders declared as satisfying...

            4. Article 85.The present financial provisions shall not affect existing measures taken...

      4. TITLE IV CONTROL, AUDIT AND PRESENTATION OF ACCOUNTS

        1. Article 86.Every three months the Chief Executive shall present to the...

        2. Article 87.(1) An external audit of the expenditure and revenue administered...

        3. Article 88.(1) By 31 March following the end of the financial...

        4. Article 89.(1) The balance from each financial year shall be entered...

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