1 Subject matter and scope
1.1 The electronic Monitoring System (eMS) is provided for applicants, beneficiaries and Programme bodies to allow them to create, prepare, revise and submit online forms (applications and request for modification form, reports and payment claims and final reports).
1.2 These terms of use govern the relation between:
- the Ministry of Regional Development and EU Funds of the Republic of Croatia as the Managing Authority and Joint Secretariat of the Interreg IPA Cross-border Cooperation Programme Croatia–Serbia 2014-2020; and
- institutions/bodies acting as applicants in project proposals and beneficiaries in approved and contracted projects (including lead applicants and lead beneficiaries);
- other Programme bodies, such as members of the Joint Monitoring Committee, National Authorities, National Control Bodies and national controllers, Certifying Authority, Audit Authority, members of the Group of Auditors in relation to their access to and use of the eMS and other actors involved in the Programme implementation (e.g. external service providers);
• relevant Programme committees (Joint Steering Committee, Task Force, etc.).
1.3 Requesting access to the eMS, accessing the eMS or using the eMS signifies unconditional acceptance of these Terms.
2 Access to the eMS
2.1 Users and organisations
Access to the eMS is open to natural persons with a valid email address. Access rights to certain information and functions in the eMS are restricted to users with specific roles in relation to particular proposals or projects. Project applicants and project partners’ organisations shall access the eMS only via users employed by or representing them. If a user leaves the organisation or is no longer representing the organisation, the account of this person shall be closed and a new one shall be created if needed. It is the responsibility of the organisation to timely inform the MA/JS of such change or any substantial change and request in writing that the account is closed.
2.2 Means of access
Users access the eMS with their email address and a password provided by the system and encrypted into it. Users guarantee that the information provided for registration of their account is accurate, updated and that the email address provided is a valid personal email address. It is also the responsibility of users to make sure that they receive the emails automatically sent by the eMS system. The MA/JS has – at any time – the right to verify the validity of the information. If this reveals any inaccuracy or invalidity, the eMS administrator has the right to close the account or suspend, refuse or reset access.
The means of access (i.e. the email address and password) are strictly personal and users are responsible for safeguarding their confidentiality and security, and ensuring their appropriate use. Users undertake to take all steps to prevent any unauthorized third party from gaining knowledge and making use of their means of access. They may not transfer or sell their means of access to any third party. Users must notify the MA/JS immediately of the loss, theft, breach of confidentiality or any risk of misuse of the means of access. If the MA/JS has any reason to suspect that the confidentiality or security of the means of access has been breached or that the eMS is being misused, it may – without prior notice – suspend or refuse access.
The lead applicants and lead partners shall only grant access rights (‘read’ and/or ‘write’) to natural persons which are employed or represent project applicants or project partners in relation to the specific project(s).
The MA/JS/JSC/external assessors (except the administrators) have ‘read only’ access to the data submitted with project proposal in the eMS by the project applicants. The administrators and the developers have read and write access, but shall not write, modify or submit data on behalf of the project applicants.
All Programme bodies have ‘read only’ access to contracted projects and all data submitted related to the project (e.g. supplementary information, progress reports, etc.). The administrators and the developers have read and write access, but shall not write, modify or submit data on behalf of the project partners, unless it is requested by the lead partner in exceptional cases.
3 Using the eMS
3.1 General
Users shall use the eMS in accordance with these Terms of Use, in a responsible manner, and exclusively for their professional purposes and without breach of the rights of third parties.
Users are fully and unconditionally responsible for any use of the eMS (including misuse of their means of access), and for any detrimental consequences that may arise directly or indirectly therefrom.
Organisations acknowledge and accept that they are responsible for the actions and omissions of users employed by or representing them.
The system keeps track of access to and use of the eMS.
3.2 Required hardware, software and services
Users acknowledge and agree that they are responsible for the choice, purchase and operation of any hardware, software or telecommunication services required to connect with and to use the eMS. The MA/JS is not liable for hardware, software, products and services of third parties, such as telecommunication equipment, internet connections, operating systems and internet browsers.
3.3 eMS availability
The MA/JS does not guarantee that the eMS will be available without interruption or degradation of service at all times.
However, the MA/JS will, to the best of its abilities, take reasonable care to ensure the availability of the eMS. In case of planned interruptions for maintenance purpose, the users will be warned through a message posted to them.
The MA/JS is not liable for any damage suffered in connection with the suspension or refusal of access.
It is the responsibility of the lead applicant to submit their application by the deadline indicated on the Programme website. The MA/JS cannot accept applications which fail to meet the deadline. It is advisable not to wait until the last minute before submitting the Application in the eMS, in case of exceptional web traffic or technical failure.
4 Personal data protection
4.1 The personal data collected through the eMS by the MA/JS and other Programme bodies are:
- Name and email address for users requesting access to the eMS;
- Name, department/unit/division (if applicable), organisation address, professional phone numbers (office number and optionally mobile number) and email address, for legal representative and contact person(s) of each applicant/beneficiary;
- Name, position, department, institution, organisation address, phone numbers (office number and optionally mobile number) and email address of the appointed national controllers;
- Other data within supplementary information and progress report supporting documents.
4.2 The collected data are processed for the purpose of providing access to the eMS system, assessing applications, awarding funds to selected projects, as well as implementing, managing, monitoring and evaluating the projects, protecting the financial interests of the EU (notably for verifications and audits) and for communicating on the Interreg IPA Cross-border Cooperation Programme Croatia–Serbia 2014-2020 and its actions (projects and other capitalisation purposes).
4.3 The MA/JS is entitled to use personal data, which are contained in the Application and all other project information and which are required by the authorised representatives of the following bodies and authorities: national control bodies, bodies and authorities involved in audits carried out for the Programme, European Commission, auditing bodies of the European Union and the Participating countries participating in the Programme, or any other institution responsible for conducting audits or controls according to European Union´s or national laws. In addition, the MA is entitled to use such data and to share them with other programmes in order to implement their tasks linked to European anti-corruption policy and to make such data available to bodies and authorities for evaluation and monitoring purposes.
4.4 In accordance with Annex XII of Regulation (EU) No 1303/2013, the Managing Authority is authorized to publish, in whatever form and on or by whatever medium the following information:
a) project title, acronym and ID;
b) the name of the Lead Beneficiary and the Project Partners;
c) project summary, including the objectives, activities, outputs and results;
d) project start and end date;
e) the total budget and EU co-financing;
f) EU co-financing rate;
g) the geographical location of the project;
h) project information and communication materials;
i) name of the category intervention for the project;
j) any other relevant information about the project.
The MA/JS are entitled to furthermore use these data for information and communication purposes in line with relevant provisions of the relevant regulations.
4.5 Data included in the eMS will be kept in the eMS until 31 December 2027 for auditing and communication purposes. They may be archived outside of the eMS for a longer period for statistical and historical purpose. Any personal data collected in the eMS will be processed in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679.
4.6Applicants and beneficiaries are authorised by the MA/JS to collect and processpersonal data required in the online forms (e.g. application, progress reports, etc.), provided that they have informed the personnel whose personal data are collected and processed about the conditions of collection and process of those data according to the eMS terms of use (by providing them with a copy of these terms of use) before transmitting those data to the MA/JS through the eMS.
4.7 The persons whose personal data are processed have the right to access and correct their own personal data. For this purpose, they must send any queries about processing of their personal data to the MA/JS by sending an email to the e-mail address of the MA/JS.
5 Liability of the MA/JS
5.1 The MA/JS shall not be liable for any direct or indirect damage of any kind except in the event of willful misconduct.
5.2 The MA/JS are not liable for any damage in case of force majeure, external cause or any other events which are not under the reasonable control of the MA/JS.
6 Changes to the terms of use
6.1 The MA/JS may, at any time, vary, add to or delete any provision of these Terms of Use.
6.2 Users and their organisations acknowledge and agree that such new terms of use can be notified by the MA/JS via notice on the Programme web page. Unless otherwise stated in the notice, the new Terms of Use shall apply from date on which the notice was published on the Programme web page.
6.3 Users and their organisations acknowledge and agree that any modification to the terms of use shall be deemed accepted by them as from the first time they access or use the eMS after the date of entry into force of the new terms of use.
7 Applicable law and dispute settlement
7.1 These Terms of Use are governed by Croatian law. In case of disputes arising out of or in connection with these Terms of Use, the Parties agree to find an amicable and mutually acceptable solution. In the absence of amicable settlement, the administrative Court of the Republic of Croatia shall have exclusive jurisdiction.
