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New transparency standards in contracts for European funds – What data cannot be confidential

de Dordia Tereza 11.10.2016

contractThe standard format of the Financing Agreement / Decision – general conditions applicable to the 2014-2020 programming period was amended by the Minister of European Funds and now includes an article dedicated to transparency.

The document lists the elements that cannot be confidential:

  • project name, full name of the beneficiary and partners, if any, contacts of the project team, date of commencement and completion of the project, project location;
  • total amount of the grant awarded, aid amount, value of payments;
  • size and characteristics of the target group and, where applicable, final beneficiaries of the project;
  • information about the project’s human resources;
  • expected results and results achieved in the project;
  • name of product suppliers, service providers and contractors from the project, the contract object, value and payments;
  • elements of project results’ sustainability, namely sustainability of investment in infrastructure or production.

However, if there were elements that need to be kept secret, they should be clearly mentioned in the exceptions provided by law 544 (intellectual property rights, protection of personal data, etc.) explicitly established and justified before signing the contract.

“The EU funds beneficiaries are legally bound to show how public money is spent to those interested. The order issued today eliminates the possibility and temptation to hide activities and expenses behind the confidentiality clauses existing in contracts that cover the preceding programming period. In September, we launched an accelerated process of consultation on the transparency of financing contracts and now have the decision: we invest European money in a transparent manner. MFE’s decision is part of the administrative transparency commitment assumed by Cioloş government. This article from the framework contract replaces the old clauses that allowed abusive secrecy,” said Minister Cristian Ghinea, quoted in a press release transmitted by MFE.

The provisions of the present order shall apply to all financing contracts / decisions related to the 2014-2020 programming period.

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