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As a beneficiary, responsible for (linked) third party's financial statements, It is discussed what is the minimum of supporting documentation we should ask from our LTPs in addition to their financial statement- can this be regulated by the CA?
Is it recommended to include the specific list of documents they should provide (when sending the financial statement) in the Consortium Agreement, using this binding document as a basis for any issues with acquiring personal data?
Answer:
These issues with the linked third parties should be handled in the agreement with the third party and not the CA.
Please note that the linked third parties remain responsible for their financial statements – they can be audited. They have to comply with record-keeping and reporting obligations under the GA. Your TPA will make sure these obligations are included.
From the AMGA:
The beneficiary remains responsible towards the Commission/Agency for the work carried out by the linked third party.
Moreover, the beneficiaries are financially responsible for any undue amount paid by the Commission/Agency as reimbursement of costs for their linked third parties —unless the GA foresees joint and several liability (see Article 44.1).
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