Amendment No.2 of Specific Agreement No. EIT/EIT lnnoEnergy SGA2020
I
European Institute of
Inno
Energy
Innovation & Technology
Knowledge Innovation Community
Specific Grant Agreement 2020
Amendment No. 2
of
Contract No. EIT/EIT lnnoEnergy/SGA2020
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SGA Amendment 2020
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Amendment No. 2 of Specific Agreement No. EIT/EIT lnnoEnergy SGA2020
On one part,
The
European Institute of Innovation and Technology ('the EIT'), represented for the purposes of
signature of this Specific Agreement by its Director Martin KERN,
and
on the other part,
1. The Knowledge and Innovation Community Legal Entity ('the KIC LE'):
KIC lnnoEnergy SE ('KIC lnnoEnergy') a Societas Europea duly incorporated under the Laws of The
Netherlands with registered office located at the John F. Kennedylaan 2 6E Verdieping, 5612 AB
Eindhoven, The Netherlands, registered in the Trade Chamber of Eindhoven under the number
51418886, represented for the purpose of signing the Amendment of the Specific Agreement by its CEO
Diego PAVIA, hereinafter referred to as the
"KIC LE".
2. and the other Knowledge and Innovation Community ('KIC') Partners listed in Annex 2 of the
Framework Partnership Agreement (FPA), represented for the purposes of signing the Amendment of
the Specific Agreement by the KIC LE (see the mandate in Annex 4 FPA and Article 62 FPA).
Having regard to the Framework Partnership Agreement (Contract No. FPA2016/EIT/EIT lnnoEnergy),
concluded on 7 March 2016, hereinafter referred to as 'FPA',
Having regard to the Specific Grant Agreement 2020 (Contract No. EIT/EIT lnnoEnergy/SGA2020)
concluded between the EIT and the KIC LEon 20 February 2020, hereinafter referred to as 'SGA2020',
Having regard to the Amendment No 1of SGA2020 concluded between the EIT and the KIC LE on 16
July 2020 for the additional awarded grant within the frame of the Crisis Response Initiative, hereinafter
referred to as "Amendment No. 1"
Whereas,
1) On 20 February the SGA2020 was signed between the EIT and KIC LE, awarding the grant of
EUR 81,785,400.38, representing the ma ximum EIT contribution;
2) Further to the outbreak of the COVID-19 pandemic and the EIT's invitation to submit proposals
for additional EIT funding in response to the COVID-19 crisis, the EIT Director awarded EUR
7,388,122.27 for EIT lnnoEnergy for additional activities targeting the crisis. Amendment No. 1
was signed by the parties on 16 July 2020;
3) On 31 August 2020, EIT lnnoEnergy submitted a request for the second amendment of the
SGA2020, including the amended Business Plan, as well as a revised estimated budget for 2020;
4) The EIT proposed a new approach and agreed with EIT lnnoEnergy to contract part of the CFS
audits as a shared service in 2020 in order to pilot the model to be introduced under the Horizon
Europe operational framework, which required additional funding. While the funding necessary
for the additional activities is EUR 500,000.00, the KIC has saved EUR 82,629.82 under other
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SGA Amenclment 2020
Amendment No. 2 of Specific Agreement No. EIT/EIT lnnoEnergy SGA2020
activities of the 2020 Business Plan, therefore, the EIT awarded an additional EIT funding of
EUR 417,370.18 to the KIC.
5) The EIT has verified that the general objectives and results to be achieved as outlined in the
previously approved 2020 Business Plan are maintained, and that the requested changes are in
line with Article 61of the FPA;
6) SGA2020 should therefore be amended accordingly.
HAVE AGREED AS FOLLOWS
Article 1
Article 4 of SGA2020 shall be replaced by the following article:
"ARTICLE 4- GRANT AMOUNT, FORM OF GRANT, REIMBURSEMENT RATE AND FORMS OF COSTS
4.1 Financing of the KIC Business Plan
The total cost of the implementation of the KIC Business Plan is estimated at
EUR 235,661,001.75
(two hundred thirty-five million six hundred sixty-one thousand one euro and seventy-five eurocents)
as set out in Annex 2.
4.2 Maximum grant amount
The
'maximum grant amount' is EUR 89,590,892.83 (eighty-nine million five-hundred ninety thousand
eight hundred ninety-two euro and eighty-three eurocent), out of which:
maximum
EUR 2,121,338.20 (two million one hundred twenty-one thousand three-hundred
thirty-eight euro and twenty eurocent) shall be earmarked for the implementation of the Cross-
KIC activities; and
EUR 3,176,746.52 (three million one hundred seventy-six thousand seven hundred forty-six
euro and fifty-two eurocent) shall be earmarked for the implementation of EIT RIS activities.
4.3 Form of grant, reimbursement rate and forms of costs
The grant reimburses
77.83% of the specific action's eligible costs (see Article 5)
('reimbursement of
eligible costs') (see Annex 2).
The estimated eligible costs of the specific action are
EUR 115,111,001.97 (one hundred fifteen million
one hundred eleven thousand one euro and ninety-seven eurocent).
Eligible costs (see Article 5) must be declared under the following forms
('forms of costs'):
a.) for direct
personnel costs (excluding personnel costs covered by the unit cost under Point (f)):
as actually incurred costs
('actual costs') or
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SGA Amendment
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Amendment No. 2 of Specific Agreement No. EIT/EIT lnnoEnergy SGA2020
on the basis of an amount per unit calculated by the KIC Partner in accordance with its
usual cost accounting practices
('unit costs').
Personnel costs for
SME owners or for KIC Partners that are natural persons not receiving a
salary (see Points A4 and AS of Article 5.2) must be declared on the basis of the amount per
unit set out in Annex 5
(unit costs)1;
b.) for direct costs of
subcontracting (excluding subcontracting costs covered by the unit cost
under Point (f)): as actually incurred costs
(actual costs);
c.} for direct costs of
providing financial support to third parties (excluding costs of financial
support covered by the unit cost under Point (f)): as actually incurred costs
(actual costs};
d.} for
other direct costs (excluding other direct costs covered by the unit cost under Point (f)):
- for costs of internally invoiced goods and services: on the basis of an amount per unit
calculated by the KIC Partner in accordance with its usual cost accounting practices
('unit
costs'};
- for all other costs: as actually incurred costs
(actual costs};
e.} for
indirect costs (excluding indirect costs for the unit cost under Point (f)): on the basis of a
flat-rate applied as set out in Article 5.2, PointE
('flat-rate costs');
(f) for the unit costs of
- EIT labelled masters programmes (excluding the management costs},
- EIT labelled doctoral programmes
on the basis ofthe amount(s} per unit set out in Annex 1in line with Commission Decision No
C(2016}82982
(unit costs}."
Article 2
The last paragraph of Article 17.2 of the SGA2020 shall be replaced by the following:
"An amount of
EUR 4,458,676.13 (four million four hundred fifty-eight thousand six hundred seventy-
six euro and thirteen eurocent}, corresponding to
4.98% of the maximum grant amount (see Article
4.2}, is retained by the EIT from the pre-financing payment and transferred into the 'Guarantee Fund'."
1Commission Decision no C(2013) 8197 on the use of reimbursement on the basis of unit costs for the personnel
costs of the owners of small and medium-sized enterprises and beneficiaries that are natural persons not
receiving a salary
2 In accordance with the exception authorised by the EIT, costs of management of the EIT labelled master degrees
shall be declared on actual cost basis instead of the lump sum laid down in the Commission Decision
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SGA Amendment 2020
Amendment No. 2 of Specific Agreement No. EIT/EIT lnnoEnergy SGA2020
Article 3
Annex 1of this amendment shall replace Annex 1(Description of the Specific action) of SGA2020.
Article 4
Annex 2 of this amendment shall replace Annex 2 (Estimated budget 2020) of SGA2020.
Article 5
All other provisions of the SGA2020 shall remain unchanged and shall continue to apply.
Article 6
(1) The present amendment shall form an integral part of SGA2020 and it shall enter into force on the
day of signature by the EIT or the KIC
LE, depending on which is later.
(2) The present amendment shall take effect on 1January 2020, with the exception of the following
new KAVAs which shall take effect on the dates indicated below:
New KAVA (number, title)
Date of effect
1.3.2. EDU Covid-19 umbrella
01/03/2020
3.6.2. EIT lnnoEnergy Crisis Response Initiative
01/04/2020
SIGNATURES
For the EIT
For the KIC LE
Martin KERN Director
Diego PAVIA, CEO
[Approval is given via a workf
in place of a handwritten sigr
Done in Budapest on
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In duplicate, in English
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SGA Amendment 2020