Q. In case of unsuccessful recovery from a beneficiary located in a Member State after the initial request via the lead beneficiary, does the Managing Authority need to address a letter directly to the beneficiary? May the recovery simply be ensured by the Member States’ liability via the conclusion of separate agreements (e.g., MoU)?

A. The recovery chain presented in the article 75 of the ENI CBC IR requires that after unsuccessful recovery procedure at partnership level (beneficiary-lead beneficiary) the Managing Authority directly addresses the concerned beneficiary to repay the amount due. Therefore the notification foreseen in the above-mentioned article (”the Managing Authority shall formally notify the latter to repay to the lead beneficiary”) is obligatory. This procedure may be regarded as a useful tool at the final stage of the process. If the recovery remains unsuccessful, the Managing Authority shall request the Member State in which the concerned beneficiary is established to reimburse the amounts unduly paid.