Kiri

Suur-Ameerika 1 / 10122 Tallinn / 625 6342 / [email protected] / www.mkm.ee

Registrikood 70003158

Kristi Talving

Tarbijakaitse ja Tehnilise Järelevalve

Amet

[email protected]

Endla 10a

10142, Tallinn

Meie 26.06.2023 nr 25-4/23-93-1

Declaration of Honour Rail Baltic CEF

rahastuslepingute allkirjastamiseks

Austatud Kristi Talving

Euroopa Komisjon rahuldas oma otsusega Rail Balticu rahastustaotlused nr 101122614 –

22-EU-TC-RBGP Part VIII C ning 101122611 - 22-EU-TG-RBGP Part VIII G Euroopa

Ühendamise Rahastusse.

Rahastuslepingute sõlmimiseks on vajalik projekti kaasatud partnerite allkirjastatud dokumendi

„Declaration of Honour“ esitamine. Tarbijakaitse- ja Tehnilise Järelevalve Amet on kaasatud

partnerina Rail Balticuga seonduvate ehituslubade menetlemiseks; allkirjastatud dokument on

vajalik nimetatud toimingute rahastamislepingu allkirjastamiseks.

Palun käesolevaga manuses olevad dokumendid käsitsi allkirjastada, allkirjastatud dokumendid

skännida ning MKM-ile tagastada.

Lugupidamisega

(allkirjastatud digitaalselt)

Kristjan Kaunissaare

Rail Balticu koordinaator

2 (2)

Kristjan Kaunissaare

6397682 [email protected]

DECLARATION OF HONOUR FOR AFFILIATED ENTITIES (DoH)

I, the undersigned, representing the following entity:

Estonian Consumer Protection and Technical Regulatory Authority Endla 10a Tallinn 10122 Estonia

linked to MAJANDUS JA KOMMUNIKATSIOONIMINISTEERIUM

hereby confirm

that (subject to the additional declarations below):

1 — The information provided for action 101122614 — 22-EU-TC-RBGP Part VIII C is correct and complete.

2 — The information concerning the legal status in the Participant Register for my organisation is correct and complete.

3 — My organisation commit to comply1 with the eligibility criteria and all other conditions set out in the call conditions — for the entire duration of the action.

4 — My organisation:

– is committed to participate in the action

– have stable and sufficient sources of funding to maintain the activities throughout the action and to provide any counterpart funding necessary

– has or will have the necessary resources needed to implement the action

– for research actions: is committed to comply with the highest standards of ethical principles and research integrity and confirm that the work is free of plagiarism

– for actions involving EU classified information (EUCI): acknowledge that any sensitive information or material that qualifies as EU classified information under Commission Decision 2015/4442 must be handled in accordance with specific rules and, if needed, follow specific instructions given by the EU

5 — For affiliated entities from non-EU countries: My organisation

– undertakes to comply with the obligations under the agreement and to:

1 ‘Commit to comply’ means complying now and for the duration of the grant. 2 See Commission Decision 2015/544/EU, Euratom of 13 March 2015 on the security rules for protecting EU

classified information (OJ L 72, 17.3.2015, p. 53). Available at http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/? uri=OJ:JOL_2015_072_R_0011&qid=1427204240846&from=EN

1

– respect general principles (including fundamental rights, values and ethical principles, environmental and labour standards, rules on classified information, intellectual property rights, visibility of funding and protection of personal data)

– for the submission of financial certificates under the agreement: use qualified external auditors which are independent and comply with comparable standards as those set out in EU Directive 2006/43/EC

– for controls under the agreement: allow for checks, reviews, audits and investigations (including on-the-spot checks, visits and inspections) by the granting authority, the European Anti-Fraud Office (OLAF), the European Prosecutor’s Office (EPPO) and the European Court of Auditors (ECA) and any persons mandated by them

– jurisdiction clause: not applicable.

6 — My organisation:

– is NOT subject to an administrative sanction (i.e. exclusion or financial penalty decision)3

My organisation (or persons with unlimited liability for debts):

– is NOT in one of the following exclusion situations4:

– bankrupt, being wound up, having the affairs administered by the courts, entered into an arrangement with creditors, suspended business activities or subject to any other similar proceedings or procedures

– in breach of social security or tax obligations

My organisation (or persons having powers of representation, decision-making or control, beneficial owners or persons who are essential for the award/implementation of the action):

– is NOT in one of the following exclusion situations5:

– guilty of grave professional misconduct6

– committed fraud, corruption, links to a criminal organisation, money laundering, terrorism-related crimes (including terrorism financing), child labour or human trafficking

3 See Article 136 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (‘EU Financial Regulation’) (OJ L 193, 30.7.2018, p. 1).

4 See Articles 136 and 141 EU Financial Regulation. 5 See Articles 136 and 141 EU Financial Regulation. 6 Professional misconduct includes: violation of ethical standards of the profession, wrongful conduct with impact on

professional credibility, false declarations/misrepresentation of information, participation in a cartel or other agreement distorting competition, violation of IPR, attempting to influence decision-making processes or obtain confidential information from public authorities to gain an advantage.

2

– shown significant deficiencies in complying with main obligations under an EU procurement contract, grant agreement, prize, expert contract, or similar

– guilty of irregularities within the meaning of Article 1(2) of Regulation No 2988/95

– created under a different jurisdiction with the intent to circumvent fiscal, social or other legal obligations in the country of origin (including creation of another entity with this purpose).

7 — My organisation is NOT subject to a conflict of interest in connection with this grant and will notify — without delay — any situation which could give rise to a conflict of interests.

8 — My organisation has NOT and will NOT, neither directly nor indirectly, grant, seek, obtain or accept any advantage in connection with this grant that would constitute an illegal practice or involve corruption.

9 — My organisation has not received any other EU grant for this action and will give notice of any future EU grants related to this action AND of any EU operating grant(s)7 given to my organisation.

10 — My organisation is aware that false declarations may lead to rejection, suspension, termination or reduction of the grant and to administrative sanctions (i.e. financial penalties and/or exclusion from all future EU procurement contracts, grants, prizes and expert contracts).

and acknowledge

that:

1 — The grant will be signed and managed electronically, through the Funding & Tenders Portal Electronic Exchange System (accessible via your Funding & Tenders Portal account8).

2 — Access and use of the electronic exchange system is subject to the Funding & Tenders Portal Terms & Conditions9.

3 — Personal data submitted or otherwise collected by the EU will be subject to the Funding & Tenders Portal Privacy Statement10.

4 — Payments under the grant are done at consortium-level, through the coordinator, and that payments will be automatically lowered if one of the consortium members has outstanding debts towards the EU (granting authority or other EU bodies). Such debts will be offset in accordance with the conditions set out in the grant agreement.

7 See Article 180 EU Financial Regulation. 8 Available at https://ec.europa.eu/info/funding-tenders/opportunities/portal/screen/myarea/projects. 9 Available at https://ec.europa.eu/info/funding-tenders/opportunities/docs/2021-2027/common/ftp/tc_en.pdf.

10 Available at https://ec.europa.eu/info/funding-tenders/opportunities/portal/screen/support/legalnotice.

3

SIGNATURE For the affiliated entity

Name:

Date:

4

DECLARATION OF HONOUR FOR AFFILIATED ENTITIES (DoH)

I, the undersigned, representing the following entity:

Estonian Consumer Protection and Technical Regulatory Authority Endla 10a Tallinn 10122 Estonia VAT number EE100907524

linked to MAJANDUS JA KOMMUNIKATSIOONIMINISTEERIUM

hereby confirm

that (subject to the additional declarations below):

1 — The information provided for action 101122611 — 22-EU-TG-RBGP Part VIII G is correct and complete.

2 — The information concerning the legal status in the Participant Register for my organisation is correct and complete.

3 — My organisation commit to comply1 with the eligibility criteria and all other conditions set out in the call conditions — for the entire duration of the action.

4 — My organisation:

– is committed to participate in the action

– have stable and sufficient sources of funding to maintain the activities throughout the action and to provide any counterpart funding necessary

– has or will have the necessary resources needed to implement the action

– for research actions: is committed to comply with the highest standards of ethical principles and research integrity and confirm that the work is free of plagiarism

– for actions involving EU classified information (EUCI): acknowledge that any sensitive information or material that qualifies as EU classified information under Commission Decision 2015/4442 must be handled in accordance with specific rules and, if needed, follow specific instructions given by the EU

5 — For affiliated entities from non-EU countries: My organisation

– undertakes to comply with the obligations under the agreement and to:

1 ‘Commit to comply’ means complying now and for the duration of the grant. 2 See Commission Decision 2015/544/EU, Euratom of 13 March 2015 on the security rules for protecting EU

classified information (OJ L 72, 17.3.2015, p. 53). Available at http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/? uri=OJ:JOL_2015_072_R_0011&qid=1427204240846&from=EN

1

– respect general principles (including fundamental rights, values and ethical principles, environmental and labour standards, rules on classified information, intellectual property rights, visibility of funding and protection of personal data)

– for the submission of financial certificates under the agreement: use qualified external auditors which are independent and comply with comparable standards as those set out in EU Directive 2006/43/EC

– for controls under the agreement: allow for checks, reviews, audits and investigations (including on-the-spot checks, visits and inspections) by the granting authority, the European Anti-Fraud Office (OLAF), the European Prosecutor’s Office (EPPO) and the European Court of Auditors (ECA) and any persons mandated by them

– jurisdiction clause: not applicable.

6 — My organisation:

– is NOT subject to an administrative sanction (i.e. exclusion or financial penalty decision)3

My organisation (or persons with unlimited liability for debts):

– is NOT in one of the following exclusion situations4:

– bankrupt, being wound up, having the affairs administered by the courts, entered into an arrangement with creditors, suspended business activities or subject to any other similar proceedings or procedures

– in breach of social security or tax obligations

My organisation (or persons having powers of representation, decision-making or control, beneficial owners or persons who are essential for the award/implementation of the action):

– is NOT in one of the following exclusion situations5:

– guilty of grave professional misconduct6

– committed fraud, corruption, links to a criminal organisation, money laundering, terrorism-related crimes (including terrorism financing), child labour or human trafficking

3 See Article 136 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (‘EU Financial Regulation’) (OJ L 193, 30.7.2018, p. 1).

4 See Articles 136 and 141 EU Financial Regulation. 5 See Articles 136 and 141 EU Financial Regulation. 6 Professional misconduct includes: violation of ethical standards of the profession, wrongful conduct with impact on

professional credibility, false declarations/misrepresentation of information, participation in a cartel or other agreement distorting competition, violation of IPR, attempting to influence decision-making processes or obtain confidential information from public authorities to gain an advantage.

2

– shown significant deficiencies in complying with main obligations under an EU procurement contract, grant agreement, prize, expert contract, or similar

– guilty of irregularities within the meaning of Article 1(2) of Regulation No 2988/95

– created under a different jurisdiction with the intent to circumvent fiscal, social or other legal obligations in the country of origin (including creation of another entity with this purpose).

7 — My organisation is NOT subject to a conflict of interest in connection with this grant and will notify — without delay — any situation which could give rise to a conflict of interests.

8 — My organisation has NOT and will NOT, neither directly nor indirectly, grant, seek, obtain or accept any advantage in connection with this grant that would constitute an illegal practice or involve corruption.

9 — My organisation has not received any other EU grant for this action and will give notice of any future EU grants related to this action AND of any EU operating grant(s)7 given to my organisation.

10 — My organisation is aware that false declarations may lead to rejection, suspension, termination or reduction of the grant and to administrative sanctions (i.e. financial penalties and/or exclusion from all future EU procurement contracts, grants, prizes and expert contracts).

and acknowledge

that:

1 — The grant will be signed and managed electronically, through the Funding & Tenders Portal Electronic Exchange System (accessible via your Funding & Tenders Portal account8).

2 — Access and use of the electronic exchange system is subject to the Funding & Tenders Portal Terms & Conditions9.

3 — Personal data submitted or otherwise collected by the EU will be subject to the Funding & Tenders Portal Privacy Statement10.

4 — Payments under the grant are done at consortium-level, through the coordinator, and that payments will be automatically lowered if one of the consortium members has outstanding debts towards the EU (granting authority or other EU bodies). Such debts will be offset in accordance with the conditions set out in the grant agreement.

7 See Article 180 EU Financial Regulation. 8 Available at https://ec.europa.eu/info/funding-tenders/opportunities/portal/screen/myarea/projects. 9 Available at https://ec.europa.eu/info/funding-tenders/opportunities/docs/2021-2027/common/ftp/tc_en.pdf.

10 Available at https://ec.europa.eu/info/funding-tenders/opportunities/portal/screen/support/legalnotice.

3

SIGNATURE For the affiliated entity

Name:

Date:

4