Rompre avec le pass

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Contracts FP6
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PRESENTATION OUTLINE

• Legal Framework
• Participation
• Contract Structure
• Collective Approach
• signature and entry into force
• collective Responsibility
• consortium Agreement
• Provisions of general conditions, special
  reference to
• financial provisions

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Legal Framework
EC TREATY
INTERNATIONAL AGREEMENTS
PARTICIPATION AND DISSEMINATION RULES
FRAMEWORK PROGRAMME
CONTRACTS
SPECIFIC PROGRAMMES
GUIDELINES ON EVALUATION AND SELECTION
PROCEDURES
Other relevant EC Regulations FINANCIAL
REGULATION
WORK PROGRAMMES
Calls for proposals
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Guidelines

• Will provide explanations and guidance notes
• Financial guidelines
• Negotiation guidelines
• Consortium agreement guidelines

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Minimum number of participants 1

• At least 3 independent legal
  entities established
• in 3 different Member States or Associated
  States, of which at least 2 in Member States
  or Associated Candidate Countries. Must include
  only
• public bodies responsible for financing or
  managing research activities carried out at
  national or regional level
• other national or regional organisations that
  finance or manage such research activities
• bodies operating at European level that include
  as part of their mission the pan-European
  coordination of nationally-funded research.

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Minimum number of participants 2
?Other legal entities such as charities or other
private organisations, which also manage research
programmes that are strategically planned and
executed at national or regional level, may
participate without restriction in addition to
the minimum number of participants. ? 1 single
legal entity for specific support actions
established in 1 Member State or Associated State
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Entities established in other countries and
International organisations

• STRUCTURING REINFORCING PARTS
• Participation
• COUNTRIES WITH CO-OPERATION AGREEMENT under the
  Agreements conditions
• COUNTRIES WITHOUT CO-OPERATION AGREEMENT if
  necessary to carry out the project or if
  foressen by the Work Programme or the call
• Funding if essential to carry out the project or
  if foressen by the Work Programme or the call

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Participation

• New Every legal entity that contributes to the
  project (incl. Project Managers)
• General Rule Participant contractor
• Every legal entity contributing to a project
  must have a contractual link with the Community
• Exceptional cases subject to very restrictive
  rules
• Third parties identified in Annex I
• Subcontractors

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Participation

• Third parties identified in Annex I
• In most of the cases they do not participate,
  they simply make their resources available to a
  contractor, this is not a case of participation
  but only a question of eligibility of the cost
  of these resources
• In exceptional cases participation of
  members of entities such as EEIG,UMR, SMEs
  Associations
• these entities are contractors (EEIG, SMEs
  Assoc.)
• their members can do some of the work on the
  project
• contractor and third parties must have a previous
  agreement
• the third parties, the agreement and the
• tasks must be identified in Annex I

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Participation

• Subcontracting
• Contractors shall ensure that the work to be
  performed can be carried out by them.
• Exception where it is necessary to
  subcontract certain elements of the work, this
  should be clearly identified in Annex I.
• Minor services may be subcontracted
• which do not represent core elements of the
  project
• which cannot be directly assumed by contractors
• where necessary for the performance of
• the project

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Coordinator

• A contractor among other contractors
• No leadership
• No additional rights
• BUT
• Additional obligations
• Administrative tasks single entry point for
  communication, payments, reporting, signature,
  amendments, etc.

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Contract Structure

• Core contract (standard with specifics of
  project)
• Annex I (technical tasks - the project)
• Annex II General Conditions
• (applicable to every instrument)
• Annex III Instrument specific provisions
  (specific to instrument) NON APPLICABLE
  FOR SSA AND COORDINATION ACCTIONS

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Contract Structure

• Annex IV - Form A
• Consent of contractors identified in the
  contract (article 1.2) to accede to the
  contract.
• To be signed by the contractor concerned and by
  the coordinator.
• Annex V - Form B
• Accession of new legal entities to the contract.
  To be signed by the new contractor concerned
  and by the coordinator
• Annex VI - Form C
• Financial statement per activity. Specific to
  each Instrument and/or type of action. To be
• filled periodically by each contractor

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Signature

• Contractual link of all contractors with the
  Commission
• New Contract enters into force upon signature of
  coordinator and Commission
• Coordinator must ensure other contractors sign
  within delays
• All the contractors are identified in the core
  contract Art. 1.2

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Entry into force of the contract/start date of
the project

• Entry into force of the contract and payment of
  advance - Several options available signature or
  coordinator / minimum number of participants/all
  participants
• Distribution of advance by the coordinator after
  minimum requirements met
• Project begins in the date established in the
  contract (this can be before the contract enters
  into force but usually later)

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Amendments

• Core Contract Annex II
• Request in writing
• New at the request of the coordinator, deemed to
  act on behalf of the consortium
• New Tacit amendments with implicit agreement of
  the Commission within 6 weeks only for
  modification of the consortium composition

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Consortium agreement

• Regulates internal organisation and management of
  consortium
• New Compulsory unless otherwise mentioned in the
  call for proposal NOT COMPULSORY FOR ERA-NET
• Between contractors - NOT signed nor approved by
  the Commission
• Non binding guidelines provided by the Commission

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NewCollective responsibility

• Technical Responsibility
• Financial Responsibility
• Used as a last resort
• Limited in proportion to the participants share
  to the project, up to the total amount they are
  entitled to receive
• International Organisations, public bodies or
  entities guaranteed by MS/AS solely responsible
  for their own debts
• Exceptions for specific actions for SMEs and
  fellowships, and when duly justified for
  specific support actions