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Ref. Ares(2012)1389824 - 23/11/2012
TABLE OF ALL SPECIAL CLAUSES APPLICABLE TO THE FP7 MODEL GRANT
AGREEMENT FOR THE IMPLEMENTATION OF THE SEVENTH FRAMEWORK
PROGRAMME OF THE EUROPEAN COMMUNITY
TABLE OF CONTENTS
1.
PARTICIPATION BY THE
JRC.........................................................................................................................3
2.
INTERNATIONAL ORGANISATIONS (GENERAL RULE) ......................................................................................3
3.
UNITED NATIONS (ONLY FOR USE WITH SPECIALISED AGENCIES AND INTERNATIONAL
ORGANISATIONS OF THE UN SYSTEM HAVING ADHERED TO THE UN-EC FINANCIAL AND
ADMINISTRATIVE FRAMEWORK AGREEMENT OF THE 29.04.2003 (FAFA)) ...................................................4
4.
SOLE
BENEFICIARY CLAUSE-FOR CSA (SUPPORT ACTIONS) THAT CANNOT BE MULTI-BENEFICIARY .............5
5.
PROJECT REVIEW ........................................................................................................................................5
6.
LATE PAYMENT OF THE
PRE-FINANCING.........................................................................................................5
7.
LIMIT OF REIMBOURSEMENT RATES FOR CERTAIN BENEFICIARIES AND CERTAIN ACTIVITIES..........................5
8.
BENEFICIARIES WITH FLAT RATE OVERHEADS OF LESS THAN 20%
...............................................................5
9.
BENEFICIARIES WITH COSTS INCURRED IN RELATION TO THE PROJECT BUT NO EC CONTRIBUTION
(
E.G. USUALLY FROM THIRD COUNTRIES) ......................................................................................................5
10.
THIRD PARTIES LINKED TO A BENEFICIARY [JOINT RESEARCH UNITS (UNITES MIXTES DE
RECHERCHE, UNITES PROPRES DE RECHERCHE ETC.) EEIGS/ GROUPINGS/ AFILIATES..................................6
11.
FOR EC - NOTIFICATION TO THE COMMISSION REQUIRED IN CASE OF AN INTENDED TRANSFER OF
OWNERSHIP AND/OR AN INTENDED GRANT OF AN EXCLUSIVE LICENCE ..........................................................6
11bis) FOR EURATOM - NOTIFICATION TO THE COMMISSION REQUIRED IN CASE OF AN INTENDED
TRANSFER OF OWNERSHIP AND/OR AN INTENDED GRANT OF A LICENCE .......................................................7
12.
NO ACCESS RIGHTS FOR AFFILIATES ............................................................................................................7
13.
ETHICAL RULES ............................................................................................................................................7
14.
RESEARCH ACTIVITIES INVOLVING THE USE OF HUMAN EMBRYOS AND HUMAN EMBRYONIC STEM
CELLS ...........................................................................................................................................................7
15.
ETHICAL REVIEW ..........................................................................................................................................8
16.
CLINICAL RESEARCH (
FOR BIOMEDICAL RESEARCH INVOLVING HUMAN BEINGS): ..........................................8
17.
SPECIFIC PROVISIONS FOR REIMBOURSEMENT OF ACCESS TO SCIENTIFIC SERVICES FREELY
AVAILABLE THROUGH COMMUNICATION NETWORK .......................................................................................8
18.
SPECIAL CLAUSE FOR E-INFRASTRUCTURE ACTIVITIES..................................................................................9
19.
LIMITATION OF OVERHEADS FOR INTEGRATING ACTIVITIES /INFRASTRUCTURES AND
PREPARATORY PHASE ...................................................................................................................................9
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20.
PAYMENT OF FIRST PRE-FINANCING (DG TREN).............................................................................................9
21.
CLASSIFIED INFORMATION (MAINLY FOR SECURITY ACTIVITES)......................................................................9
22.
TREATMENT OF CONFIDENTIAL AND CLASSIFIED INFORMATION AND DATA ...................................................10
23.
ACTIVITIES AIMING TO THE DEVELOPMENT OF HIGHLY RELIABLE CAPABILITIES HAVING AN IMPACT
ON THE SECURITY OF THE EUROPEAN CITIZENS (FOR SECURITY ACTIVITES)...............................................10
24.
DISSEMINATION of FOREGROUND OR BACKGROUND OUTSIDE OF THE CONSORTIUM..............................10
25.
SCIENTIFIC AND TECHNOLOGICAL REVIEWS IN PROJECTS RELATED TO SECURITY RESEARCH
WHICH DEAL WITH CLASSIFIED INFORMATION AND DATA ..............................................................................11
26.
SUBCONTRACTING IN GRANTS TO PRE-DEFINED BENEFICIARIES..................................................................11
27.
ENLARGEMENT OF THE CONSORTIUM..........................................................................................................12
28.
BANK ACCOUNT SPECIFICALLY DEDICATED TO THE PROJECT ......................................................................12
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1. Participation by the JRC
1. The
Community shall carry out part of the
project through its
Joint Research Centre (
JRC)
subject to the following conditions:
(a) For the purposes of this
grant agreement, the
JRC shall be considered as a
beneficiary. It
shall have the same rights and same obligations as the other
beneficiaries and shall be a
member of the
consortium identified in Article 1.1.
(b) An amount of [
insert amount] Euro of the
pre-financing referred to in Article 6.a shall be
kept by the
Commission for the
JRC.
(c) In addition to the documents referred to in Article II.4, the
consortium shall indicate to the
Commission the amount of each of the payments referred to in Article 6.b and 6.c to be
transferred by the
Commission to the
JRC.
(d) This
grant agreement takes precedence over any
consortium agreement signed by the
Commission, represented by the
JRC.
2. Relations within the
Commission between DG […] and the
JRC shall be regulated by an
administrative arrangement as set out in Annex [...] to the
grant agreement, without
prejudice to the rights of the other
beneficiaries.
2. International organisations (general rule)
1. Arbitration
a. Any dispute between the
Commission (“Party”) and (an)
international organisation(s)
(“Party”) acting as
beneficiary(s) (collectively referred to in this Article of the
grant
agreement as the “Parties”) relating to the
grant agreement, which cannot be settled
amicably shall be referred to an arbitration committee in accordance with the procedure
specified below.
b. When notifying the other Party of its intention to resort to arbitration, the notifying Party
shall also inform the other Party of its appointed arbitrator. The second Party shall appoint
its arbitrator within one month of that written notification.
The two arbitrators shall, by joint agreement and within three months of the appointment
of the second Party’s arbitrator, appoint a third arbitrator who shall be the chairman of the
arbitration committee, unless a sole arbitrator is agreed by both Parties.
c. Within one month of the appointment of the third arbitrator, the Parties shall agree on the
terms of reference of the arbitration committee, including the procedure to be followed.
d. The arbitration proceedings shall take place in Brussels.
e. The arbitration committee shall apply the terms of the
grant agreement. The arbitration
committee shall set out in the award the detailed grounds for its decision.
f. The arbitral award shall be final and binding upon the Parties, who hereby expressly
agree to renounce any form of appeal or revision.
g. The costs, including all reasonable fees expended by the Parties to any arbitration
hereunder, shall be apportioned between the Parties by the arbitration committee.
2. Certificates on the financial statements or on the methodology
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With reference to Article II.4.4, certificates on the financial statements or on the methodology
to be provided by an
international organisation may be established by its regular internal
or external auditor, in accordance with its internal financial regulations and procedures.
3. Controls and audits
The competent bodies of the European Community shall address any requests for controls or
audits pursuant to the provisions of Article II.22, to the Director General of the international
organisation.
The international organisation shall make available to the competent bodies of the European
Community, upon request, all relevant financial information, including statements of accounts
concerning the action, where they are executed by the international organisation or by a
subcontractor. In conformity with Article 248 of the Treaty and with the Financial Regulation of
the European Community, the competent bodies of the European Communities may
undertake, including on the spot, checks related to the action financed by the European
Community.
Any control or audit shall be carried out on a confidential basis.
4. Governing law
Any matter relating to the interpretation or application of this grant agreement which is not
covered by its terms shall be resolved by reference to the law of […]]to be discussed with the
Legal Service
5. Privileges and immunities
Nothing in this grant agreement shall be interpreted as a waiver of any privileges or immunities
accorded to [insert name of the International Organisation] by its constituent documents or
international law.
3. United Nations (only for use with specialised agencies and international organisations
of the UN system having adhered to the UN-EC Financial and Administrative Framework
Agreement of the 29.04.2003 (FAFA))
1. Settlement of dispute
Any dispute arising between the Commission and [name of the beneficiary] shall be settled in
accordance with Article 14 of the Financial and Administrative Framework Agreement
concluded by the Community, represented by the Commission, and the United Nations on
29.04.2003 (hereinafter referred to as the “FAFA Agreement”) [to which [name of the
beneficiary] adhered on the [date]].
2. Certificates on the financial statements or on the methodology, controls and audits
With regard to [name of the beneficiary], the “Agreement on the application of the verification
clause to operations administered by the United Nations and financed or co-financed by the
European Community” annexed to the FAFA Agreement prevails over this grant agreement,
and in particular over its Articles II.4.4, II.22 and II.23.
3. Governing law
Any matter relating to the interpretation or application of this grant agreement which is not
covered by its terms shall be resolved by reference to the law of […]] to be discussed with the
Legal Service
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4. Privileges and immunities
Nothing in this grant agreement shall be interpreted as a waiver of any privileges or immunities
accorded to [insert name of the International Organisation] by its constituent documents or
international law.
4. Sole beneficiary clause-for CSA (support actions) that cannot be multi-beneficiary
All references to the
“
beneficiaries" or to the “
consortium” or to the “
coordinator” in this
grant
agreement and in the Annexes thereto shall be interpreted as references to the “
beneficiary".
5. Project review
1.
A project review shall be held preferably at a mid-term stage and at the end of the
project.
2.
At least two months before the date of the review the
Commission shall communicate to
the
consortium in accordance with Article 8 the modalities of the project review,
including, where appropriate, any meeting it may propose to convene and that it may
request the
consortium to organise. [Each
beneficiary is requested by the
Commission to attend such meeting in accordance with Article II.3.g.]
Costs incurred by the
consortium in relation to the project review shall be eligible under the
activity referred to in Article II.16.5.
3.
The project review shall be made on the basis of the satisfactory completion of due
deliverables, milestones listed in the technical annex as well as on the progress
reported in the periodic report for the considered period.
6. Late payment of the pre-financing
Notwithstanding the provisions of Article 6.a, the
pre-financing shall be paid not earlier than 45
days before the
start date of the
project.
7. Limit of reimbursement rates for certain beneficiaries and certain activities
Notwithstanding Article II.16., the reimbursement rate for [
name of beneficiary(ies)] regarding
[research and technological development
activities],[and][demonstration activities],[and][other
activities] may reach a maximum of [
insert percentage % (
< than the one mentioned in Article
II.16)]
8. Beneficiaries with flat rate overheads of less than 20%
Notwithstanding the provisions of Articles II.15, the percentage of overheads for
beneficiary [name] is fixed at [x<20%] of the total eligible direct cost.
9. Beneficiaries with costs incurred in relation to the project but no EC contribution (e.g.
usually from third countries)
1.
Costs incurred by the following
beneficiary(s) shall not be taken into consideration for
determining the
Community financial contribution:
[
name of beneficiary]
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2.
Beneficiary(s) mentioned in the previous paragraph need not submit the reports mentioned
in Article II.4.4 and [is] [are] not subject to financial audits and controls referred to in
Article II.22.
3. The beneficiary(s) mentioned in paragraph 1 shall not contribute to the Guarantee Fund.
10. Third parties linked to a beneficiary [Joint research units (unités mixtes de recherche,
unités propres de recherche etc.) Eeigs/ groupings/ afiliates]
1. The following third parties are linked to [name of the beneficiary]
--[name of the legal entity].
---[name of the legal entity].]
2. This beneficiary may charge costs incurred by the above mentioned third parties in
carrying out the project, in accordance with the provisions of the grant agreement. These
contributions shall not be considered as receipts of the project.
The third parties shall identify the costs to the project mutatis mutandis in accordance with
the provisions of part B of the grant agreement. Each third party shall charge its eligible
costs in accordance with the principles established in articles II.14 and II.15. The
beneficiary shall provide to the Commission:
-
an individual financial statement from each third party in the format specified in Form C.
These costs shall not be included in the beneficiary’s Form C
-
an certificates on the financial statements or on the methodology from each member in
accordance with the relevant provisions of this grant agreement.
-
a summary financial report consolidating the sum of the eligible costs borne by the third
parties and the beneficiary, as stated in their individual financial statements, shall be
appended to the beneficiary’s Form C.
When submitting reports referred to in Article II.4, the consortium shall identify work
performed and resources deployed by each third party linking it to the corresponding
beneficiary.
3. The eligibility of the third parties’ costs charged by the beneficiary is subject to controls
and audits of the third parties, in accordance with Article II.22 and 23.
4. The beneficiary shall retain sole responsibility toward the Community and the other
beneficiaries for the third parties linked to it. The beneficiary shall ensure that the third
parties abide by the provisions of the grant agreement.
11. For EC - NOTIFICATION TO THE COMMISSION REQUIRED IN CASE OF AN INTENDED
TRANSFER OF OWNERSHIP AND/OR AN INTENDED GRANT OF AN EXCLUSIVE
LICENCE
1. Where a beneficiary intends to transfer ownership of foreground or to grant an exclusive
licence regarding foreground to a third party established in a third country not associated
to the Seventh Framework Programme during the project and for a period of X1 years
after its completion, it shall notify the Commission 90 days prior to the intended transfer or
grant. However, excluded from this additional notification requirement are transfers or
1 To be determined in function of the project's research field, aims and likely results.
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grants intended by beneficiaries that do not receive a Community financial contribution as
long as the intended transfer or grant concerns foreground generated by them.
A notification may only relate to existing and specifically defined foreground. It must
include sufficient details regarding such foreground, the intended assignee or licensee
and the (potential) use of the foreground and possible access rights thereto. Furthermore,
a reasoned assessment of the intended transfer or grant must be included with regard to
its impact on the competitiveness of the European economy, its consistency with ethical
principles and its implications on security considerations.
The Commission may at any time notify the beneficiary that a notification is not complete
or request additional information. No transfer or grant may take place until the
Commission has, within the period set out in the next paragraph, had the opportunity to
object.
2. The Commission may object to such an intended transfer of ownership of foreground or
grant of an exclusive licence regarding foreground within 60 days of respectively having
received a complete notification, or where applicable, having received the requested
additional information, if it considers that the intended transfer or grant is not in
accordance with the interests of developing the competitiveness of the European
economy or is inconsistent with ethical principles or security considerations.
In such cases, the transfer or grant shall not take place unless the Commission is satisfied
that appropriate safeguards will be put in place.
11 bis) FOR EURATOM - NOTIFICATION TO THE COMMISSION REQUIRED IN CASE OF AN
INTENDED TRANSFER OF OWNERSHIP AND/OR AN INTENDED GRANT OF A
LICENCE
1) Where a beneficiary intends to transfer ownership of foreground or to grant a licence
regarding foreground to a third party established in a third country not associated to the
Seventh Framework Programme during the project and for a period of X2 years after its
completion, it shall notify the Commission 90 days prior to the intended transfer or grant.
However, excluded from this additional notification requirement are transfers or grants
intended by beneficiaries that do not receive a Community financial contribution as long
as the intended transfer or grant concerns foreground generated by them.
A notification may only relate to existing and specifically defined foreground. It must
include sufficient details regarding such foreground, the intended assignee or licensee
and the (potential) use of the foreground and possible access rights thereto. Furthermore,
a reasoned assessment of the intended transfer or grant must be included with regard to
its impact on the competitiveness of the European economy, its consistency with ethical
principles and its implications on defence interests of the Member States within the
meaning of Article 24 of the Treaty establishing the European Atomic Energy Community
(Euratom).
The Commission may at any time notify the beneficiary that a notification is not complete
or request additional information. No transfer or grant may take place until the
Commission has, within the period set out in the next paragraph, had the opportunity to
object.
2 To be determined in function of the project's research field, aims and likely results.
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2) The Commission may object to such an intended transfer of ownership of foreground or
grant of a licence regarding foreground within 60 days of respectively having received a
complete notification, or where applicable, having received the requested additional
information, if it considers that the intended transfer or grant is not in accordance with the
interests of developing the competitiveness of the European economy or is inconsistent
with ethical principles or the defence interests of the Member States within the meaning of
Article 24 of the Treaty establishing the European Atomic Energy Community (Euratom).
In such cases, the transfer or grant shall not take place unless the Commission is satisfied
that appropriate safeguards will be put in place.
12. NO ACCESS RIGHTS FOR AFFILIATES
Paragraph 3 of Article II.XX of Annex II regarding access rights for affiliates does not apply to
this grant agreement.
13. ETHICAL RULES
1. The beneficiaries shall comply with the ethical framework of FP7, all applicable legislation,
any relevant future legislation and FP7 specific programmes on "Cooperation", " People",
"Ideas", "Capacities" (2007-2013) and "Euratom" (2007-2011)3.
2. The beneficiaries undertake not to carry out research under this project involving any of
the following activities:
(a) research activities aiming at human cloning for reproductive purposes,
(b) research activities intended to modify the genetic heritage of human beings which could
make such change heritable and
(c) research activities intended to create human embryos solely for the purpose of research
or for the purpose of stem cell procurement, including by means of somatic cell nuclear
transfer.
14. RESEARCH ACTIVITIES INVOLVING THE USE OF HUMAN EMBRYOS AND HUMAN
EMBRYONIC STEM CELLS
The beneficiaries shall inform the Commission in writing of any research activities that may
involve the use of human embryos or human embryonic stem cells, unless such provisions in
Annex I to the grant agreement have specifically been approved. Such research may not take
place without the prior written agreement of the Commission. The agreement of the
Commission shall be subject to its internal procedures. Should such research not be
approved, the Commission will not fund it as part of the project and may terminate the grant
agreement if the project cannot continue without that research.]
15. ETHICAL REVIEW
1. The beneficiary(s) shall provide the Commission with a written confirmation that it has
received (a) favourable opinion(s) of the relevant ethics committee(s) and, if applicable, the
regulatory approval(s) of the competent national or local authority(ies) in the country in which
the research is to be carried out before beginning any Commission approved research
3 Council Decision 200X/XXX/EC on the specific programmes on "Cooperation", "People", "Ideas", "Capacities" and 200/X/XXX/EC on
"Euratom".
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requiring such opinions or approvals. The copy of the official approval from the relevant
national or local ethics committees must also be provided to the Commission.
[2. The beneficiaries shall ensure that, where an ethical review has been carried out by the
Commission, the research carried out under the project fully complies with the following
additional requirements resulting from the ethical review:
Free text with clear operational conclusions from the ethical review.]
16. CLINICAL RESEARCH (FOR BIOMEDICAL RESEARCH INVOLVING HUMAN BEINGS):
1. The beneficiary(s) shall provide the Commission with a statement confirming that it has
received (a) favourable opinion(s) of the relevant ethics committee(s) and, if applicable,
the regulatory approval of the competent national authority(ies) in the country concerned
before beginning any biomedical research involving human beings.
2. (for biomedical research involving human beings including clinical or other trials) The
Commission shall never be considered as a sponsor for clinical trials in the sense of
Directive 2001/20/EC of the European Parliament and of the Council of 4 April 2001 on
the approximation of the laws, regulations and administrative provisions of the Member
States relating to the implementation of good clinical practice in the conduct of clinical
trials on medicinal products for human use.
Annex I shall indicate the name(s) of any such sponsor(s).
For trials not covered by Directive 2001/20/EC, Annex I shall indicate the name of the person
or organisation that is responsible for the initiation, co-ordination and monitoring of the trial]
17. RULES SPECIFIC PROVISIONS FOR REIMBOURSEMENT OF ACCESS OF ACCESS TO
SCIENTIFIC ERVICES FREELY AVAILABLE THROUGH COMMUNICATION NETWORK
A : Performance obligations
The beneficiary
that is in charge of providing access to the
infrastructure(s) or installation(s),
as specified in Annex I,
access provider, shall, in addition to the other provisions of this grant-
agreement:
a) Provide access through communication network to the scientific services described in
Annex I free of charge
b) The services offered to the scientific community will be periodically assessed by an
external board composed of international experts in the field, appointed by the
consortium with written approval of the Commission.
B : Financial provisions
Community financial support for access costs shall not exceed 20% of the operating costs
incurred by the
installation providing the access over the duration of the project, excluding all
contributions to the capital investments of the infrastructure.
18. SPECIAL CLAUSE FOR E-INFRASTRUCTURE ACTIVITIES
Definitions
In addition to those of Article II.1, the following definitions apply to the
grant agreement:
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Connectivity: means a set of one or more circuits allowing for the transmission of full
duplex bit streams between defined end points, as specified in Annex I.
Connectivity services: means any other activities as foreseen in Article II.16 to provide
connectivity.
Financial provisions
As an exception to Article II.16, for the continued provision and upgrading of the required
connectivity services as specified in Annex I, the maximum reimbursement rate shall be
50% of the total eligible costs.
19. LIMITATION OF OVERHEADS FOR INTEGRATING ACTIVITIES /INFRASTRUCTURES
AND PREPARATORY PHASE
Overheads related to the coordination and support activities are limited to a maximum of 7% of
the direct eligible costs relating to these activities, excluding the direct eligible costs for
subcontracting and the costs of reimbursement of resources made available by third parties
which are not used on the premises of the beneficiary.
20. PAYMENT OF FIRST PRE-FINANCING (DG TREN)
Notwithstanding Article 6 a), the pre-financing shall be paid to the coordinator within 45 days
following the date the Commission is informed of accession to the grant agreement of all the
beneficiaries identified in Article 1.1.
21. CLASSIFIED INFORMATION (MAINLY FOR SECURITY ACTIVITES)
When classified information is used as background or is planned to be produced as
foreground, or if export or transfer licences are required for the transfer of sensitive material, a
Security Aspect Letter is annexed to this Grant Agreement.
As defined in 2006/548/EC, Euratom:
“Classified contract”: any contract or grant agreement to supply products, execute works,
render available buildings or provide services, the performance of which requires or involves
access to or creation of EU classified information;
“Security Aspects Letter (SAL)”: a set of special contractual conditions, issued by the
contracting authority, which forms an integral part of a classified contract involving access to or
generation of EU classified information, and that identifies the security requirements or those
elements of the classified contract requiring security protection;
“Security Classification Guide (SCG)”: a document which describes the elements of a
programme, contract or grant agreement which are classified, specifying the applicable
security classification levels. The SCG may be expanded throughout the life of the
programme, contract or grant agreement, and the elements of information may be reclassified
or downgraded. The SCG must be part of the SAL.”
22. TREATMENT OF CONFIDENTIAL AND CLASSIFIED INFORMATION AND DATA
1. The beneficiaries shall – under penalty of termination of the Grant Agreement – comply
with any security requirements prescribed by the Security Aspect Letter (SAL – Annex XX
to the Grant Agreement) attached to this Grant Agreement.
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2. This SAL is valid throughout the duration of the project.
3. The beneficiaries of this Grant Agreement shall via the Coordinator inform the
Commission of any change of security requirements emerging during the performance of
the project. Any such change shall be introduced in the SAL by means of an amendment
following the rules on amendments of Annex I.
4. In cases the beneficiaries can not comply with increased security requirement, the Grant
Agreement shall be terminated.
The beneficiaries shall ensure that the security requirements are complied with by any
subcontractor or third party.
23. ACTIVITIES AIMING TO THE DEVELOPMENT OF HIGHLY RELIABLE CAPABILITIES
HAVING AN IMPACT ON THE SECURITY OF THE EUROPEAN CITIZENS (FOR SECURITY
ACTIVITES)
Notwithstanding the provisions of Article II.16.1, for security related research and technological
development activities, the
Community financial contribution may reach for all beneficiaries a
maximum of 75% of the total eligible cost, in the case of the development of highly reliable
capabilities having an impact on the security of the European citizens and targeted to a limited
number of public users.
24. DISSEMINATION OF FOREGROUND OR BACKGROUND OUTSIDE OF THE
CONSORTIUM4
Any foreground or background subject to rules on classification on national or European level,
generated or used in the course of the project shall not be disseminated to any legal entity
outside of the existing consortium.
This rule also applies for affiliates or parent companies.
25. SCIENTIFIC AND TECHNOLOGICAL REVIEWS IN PROJECTS RELATED TO SECURITY
RESEARCH WHICH DEAL WITH CLASSIFIED INFORMATION AND DATA5
Notwithstanding the rights of the beneficiaries set out in Article II.23, the beneficiaries shall
have the right to refuse the participation of a particular expert on grounds of security.
26. SUBCONTRACTING IN GRANTS TO PRE-DEFINED BENEFICIARIES6
Article II.7 of the Grant Agreement is replaced as follows:
1. A subcontractor is a third party which has entered into an agreement on business conditions
with one or more beneficiaries in order to carry out parts of the tasks related to the project.
Where the
beneficiaries enter into any such agreement, they remain bound by their obligations
towards the
Commission and the other
beneficiaries under the
grant agreement and retain
sole responsibility for compliance with the provisions of the
grant agreement.
4 For the use in security related projects.
5 Legal basis: Rules for Participation, Article 20 (2), Article 22 (3)
6 Relevant for Space-research in the case of beneficiaries mentioned in the specific pr ogramme and / or work programme “Space” in
application of Article 14 of the Rules for Participation (in the following “pre-defined beneficiary”), applying for a grant under the funding
scheme of a coordination and support action.
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2. Where the beneficiaries
subcontract certain elements of the tasks to be carried out, the
following conditions must be fulfilled:
- the overall total
of
subcontracts can not exceed 80% of the total eligible costs of the
project;
- recourse to the award of
subcontracts must be duly justified and described in detail in
Annex I having regard to the nature of the
project and what is necessary for its
implementation;
- recourse to the award of
subcontract by a
beneficiary may not affect the rights and
obligations of the
beneficiaries regarding
background and
foreground;
- Annex I must indicate the task to be subcontracted and an estimation of the costs;
3. Any
subcontract, the costs of which are to be claimed as eligible cost
, must be awarded
according to the principles of best value for money (best price-quality ratio), transparency and
equal treatment. The rules governing any such awarding procedures are subject to prior
approval by the Commission and form part of Annex I of this Grant Agreement.
Framework contracts between a beneficiary and a subcontractor, entered into prior to the
beginning of the project and that comply with the above-mentioned principles may also be
accepted.
4. Beneficiaries may use external support services for assistance with minor tasks that do not
represent per se
project tasks as identified in Annex I.
Framework contracts for support services for assistance with minor tasks, between a
beneficiary and a subcontractor, entered into prior to the beginning of the project that are
according to the beneficiary's usual management principles may also be accepted.
5. The Commission and the Court of Auditors enjoys the right to exercise their powers of
control, on documents and on premises, over all beneficiaries and subcontractors who have
received Community funds.
27. ENLARGEMENT OF THE CONSORTIUM7
Notwithstanding the obligations of a consortium mentioned in Article II.36, the rules and
procedures governing any such competitive call shall be subject to the prior approval of the
Commission, which shall be informed at least 90 days prior to the expected date of publication.
28. BANK ACCOUNT SPECIFICALLY DEDICATED TO THE PROJECT8
The bank account referred to Art. 5 (3) of the Grant Agreement shall be dedicated specifically
the project.
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7 Legal basis: Rules for Participation, Article 19 (3), Article 26 (3). To be used in the case of space-related projects with pre-defined
beneficiaries, who were selected by the Commission without any competitive call themselves. At least, any additional beneficiary should
be selected on the basis of a competition, following the rules of transparency and equal treatment, to be maintained in the respe ctive
rules and procedures of a competitive call for the enlargement of the consortium.
8 For the use in security related projects.
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