Zakon o potvrđivanju Sporazuma o zajmu između Evropske unije, koju predstavlja Evropska komisija, kao zajmodavca i Republike Srbije, kao zajmoprimca i Narodne banke Srbije, kao fiskalnog agenta zajmoprimca, u okviru Instrumenta za reformu i rast za Zapadni Balkan

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Član Article 15 Zakon o potvrđivanju Sporazuma o zajmu između Evropske unije, koju predstavlja Evropska komisija, kao zajmodavca i Republike Srbije, kao zajmoprimca i Narodne banke Srbije, kao fiskalnog agenta zajmoprimca, u okviru Instrumenta za reformu i rast za Zapadni Balkan – UNDERTAKINGS RELATING TO INSPECTIONS, FRAUD PREVENTION AND AUDITS

Article15

UNDERTAKINGS RELATING TO INSPECTIONS, FRAUD PREVENTION AND AUDITS

(1) During the implementation of the Loan Facility, the Lender shall have the right to monitor the soundness of the Borrower's financial arrangements, the administrative procedures, and the internal and external control mechanisms which are relevant to the assistance.
(2) In conformity with Article 129(1) of the Financial Regulation, the Lender, including the European Anti-Fraud Office (OLAF), the European Court of Auditors (ECA) and, where applicable, the European Public Prosecutor’s Office (EPPO) shall have the rights and access required to exert their respective competences, including the right to send their own agents or duly authorised representatives to carry out any technical or financial controls, investigations including on-the-spot checks and inspections (including digital forensic operations and interviews) and audits (including document audits and on-the-spot audits) that they consider necessary in relation to the management of this Loan Facility in order to protect the Lender's financial interests.
(3) The Borrower shall supply relevant information and documents which may be requested for the purpose of such assessments, investigations, controls or audits, and take all suitable measures to facilitate the work of persons instructed to carry them out, including granting the persons referred to in access to sites and premises where the relevant information and documents are kept.
(4) The Borrower shall regularly check that financing provided by the Lender has been properly used and shall ensure investigation and satisfactory treatment of any suspected and actual cases of fraud, corruption or any other illegal activity in relation to the management of the Loan, detrimental to the EU’s financial interests. All such cases as well as measures related thereto taken by national competent authorities, including legal actions to recover any funds provided under this Loan Agreement, shall be reported to the Lender without delay.
(5) The Borrower shall regularly check that amounts borrowed under the Loan Facility are used in accordance with the Reform Agenda, the Facility Agreement, and this Loan Agreement, and shall ensure that appropriate measures to prevent irregularities and fraud are in place. In case of irregular or improper use of the amounts borrowed under the Loan Facility, the Borrower shall take legal actions to recover such amounts.