Obligations of the beneficiary operator

In all information and communication measures carried out by the beneficiary operator to publicise the action among potential recipients, final recipients and the general public, it shall publicise the cofinancing of the operation by the ERDF and shall be subject to the information and publicity provisions laid down in Article 115 and Annex XII to Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013. These obligations are summarized in:

1. Recognize in all communication actions carried out, the support of the Structural Funds to operations showing the emblem of the European Union in accordance with the technical characteristics established in Articles 3, 4 and 5 of Regulation (EU) No 821/2014, of communication and advertising, the reference to the Fund and the motto.
2. Inform the public of the support of the funds, making a brief description on the website, if available, in a manner proportionate to the level of support provided, with the objectives and results of the action and highlighting the financial support of the EU, throughout the duration of the action.
3. Placing in a visible place temporary or permanent advertising posters, as well as fixed plates in accordance with the technical characteristics established by the Commission in Article 5 of Regulation (EU) No 821/2014, on communication and advertising.

Acceptance of the aid also implies acceptance of the inclusion of the transaction and its details in the list of transactions provided for in Article 115.2 of the DRC. (See question about list of operations.)

The beneficiary operators must observe the provisions of Article 28 of the regulatory bases, ensuring that the supporting documents are available to the control bodies, for a period of at least 5 years, from the certification issued by the body responsible for monitoring the aid. In addition, when contemplating ERDF aid, this period may not be less than 3 years, counted from 31 December of the year in which the ERDF advance is cancelled due to amortisation.

• In the case of financing of equipment or infrastructure, the beneficiary operator must inform that the equipment supplied and/or the actions carried out are in operation, including the specific location of said equipment (with an indication of the corresponding serial number) and/or the actions carried out, according to the models and deadlines stipulated.
• The beneficiary operator shall ensure that the operation to which the aid relates does not undergo a substantial modification within five years of its end, affecting its nature or its conditions of implementation or giving an enterprise or a public body undue advantages, and that it results from a change in the nature of the ownership of an infrastructure or the cessation of a productive activity, in such a way as to undermine the original objectives of the operation, as stipulated in Article 71 DRC.
• The beneficiary operator will participate in the monitoring, evaluation and control activities that, in accordance with Community regulations, must be carried out by the different authorities and control bodies.
• In order to comply with the reporting requirements referred to in point 3.4(k) of the EU Guidelines for the application of State aid rules to the rapid deployment of broadband networks (2013/C 25/01), the beneficiary operator shall, after completion of the project and for the following three years, provide the following information relating to 31 December of each year: the date of entry into service, the wholesale offer products offered, the number of end-users and service providers using the supported infrastructure, as well as the number of households covered and the utilisation rates.

The beneficiary operator undertakes the commitment to apply effective and proportionate anti-fraud measures in its own area of management, such as complying with public procurement regulations, avoiding double financing, falsification of documents, etc., as well as the obligation to provide information for the detection of possible "red flags", in relation to fraudulent practices such as rigged procurement, collusive tenders, conflict of interest, manipulation of the submitted offers and fractionation of expenditure.

The beneficiary operator is obliged to comply with all Community and national provisions applicable to it as a recipient of actions co-financed with the ERDF, including those relating to incompatibility of State aid, equality between men and women and non-discrimination.

The obligations of the beneficiary operator, in the cases of aid programs, are specified in several documents: the Order of Bases regulating the aid, the Resolution of the Call for Proposals and the Resolution of Concession. Specific obligations for being a beneficiary operator of aid cofinanced by the ERDF include the following:

Obligations related to administrative, financial and accounting capacity:

1. Acceptance of the aid by the beneficiary operator means declaring that there is sufficient administrative, financial and operational capacity to meet the specific conditions and requirements relating to the products or services to be obtained with the aid.
2. The beneficiary operator shall maintain a separate accounting system or allocate an appropriate accounting code to all transactions relating to an operation.

   In relation to information and communication:

3. In all information and communication measures carried out by the beneficiary operator to publicise the action among potential recipients, final recipients and the general public, it shall publicise the cofinancing of the operation by the ERDF and shall be subject to the information and publicity provisions laid down in Article 115 and Annex XII to Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013. These obligations are summarized in:
   1. Recognize in all communication actions carried out, the support of the Structural Funds to operations showing the emblem of the European Union in accordance with the technical characteristics established in Articles 3, 4 and 5 of Regulation (EU) No 821/2014, of communication and advertising, the reference to the Fund and the motto.
   2. Inform the public of the support of the funds, making a brief description on the website, if available, in a manner proportionate to the level of support provided, with the objectives and results of the action and highlighting the financial support of the EU, throughout the duration of the action.
   3. Placing in a visible place temporary or permanent advertising posters, as well as fixed plates in accordance with the technical characteristics established by the Commission in Article 5 of Regulation (EU) No 821/2014, on communication and advertising.
4. Acceptance of the aid also implies acceptance of the inclusion of the transaction and its details in the list of transactions provided for in Article 115.2 of the DRC. (See question about list of operations.)

   In relation to the custody of the documentation:

5. The beneficiary operators must observe the provisions of Article 28 of the regulatory bases, ensuring that the supporting documents are available to the control bodies, for a period of at least 5 years, from the certification issued by the body responsible for monitoring the aid. In addition, when contemplating ERDF aid, this period may not be less than 3 years, counted from 31 December of the year in which the ERDF advance is cancelled due to amortisation.

   In relation to the execution, monitoring, evaluation and control of operations:

6. In the case of financing of equipment or infrastructure, the beneficiary operator must inform that the equipment supplied and/or the actions carried out are in operation, including the specific location of said equipment (with an indication of the corresponding serial number) and/or the actions carried out, according to the models and deadlines stipulated.
7. The beneficiary operator shall ensure that the operation to which the aid relates does not undergo a substantial modification within five years of its end, affecting its nature or its conditions of implementation or giving an enterprise or a public body undue advantages, and that it results from a change in the nature of the ownership of an infrastructure or the cessation of a productive activity, in such a way as to undermine the original objectives of the operation, as stipulated in Article 71 DRC.
8. The beneficiary operator will participate in the monitoring, evaluation and control activities that, in accordance with Community regulations, must be carried out by the different authorities and control bodies.
9. In order to comply with the reporting requirements referred to in point 3.4(k) of the EU Guidelines for the application of State aid rules to the rapid deployment of broadband networks (2013/C 25/01), the beneficiary operator shall, after completion of the project and for the following three years, provide the following information relating to 31 December of each year: the date of entry into service, the wholesale offer products offered, the number of end-users and service providers using the supported infrastructure, as well as the number of households covered and the utilisation rates.

   In relation to fraud:

10. The beneficiary operator undertakes the commitment to apply effective and proportionate anti-fraud measures in its own area of management, such as complying with public procurement regulations, avoiding double financing, falsification of documents, etc., as well as the obligation to provide information for the detection of possible "red flags", in relation to fraudulent practices such as rigged procurement, collusive tenders, conflict of interest, manipulation of the submitted offers and fractionation of expenditure.

In relation to the regulations:

11. The beneficiary operator is obliged to comply with all Community and national provisions applicable to it as a recipient of actions co-financed with the ERDF, including those relating to incompatibility of public aid, equality between men and women and non-discrimination.