EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR AGRICULTURE AND RURAL DEVELOPMENT

Transcription

1 EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR AGRICULTURE AND RURAL DEVELOPMENT Directorate E. Economic analysis, perspectives and evaluation; communication E.5. Internal and external communication GRANT AGREEMENT AGREEMENT NUMBER - AGRI xx xx-ce-xxxxxxx/00-xx The European Union (hereinafter referred to as "the Union"), represented by the European Commission (hereinafter referred to as "the Commission"), itself represented for the purposes of signature of this agreement by Name Surname, Sub-delegated Authorising Officer and Head of Unit, Directorate-General for Agriculture and Rural Development, Direction E - Unit E.5, Internal and external communication, on the one part, and Beneficiary's Name (abbreviation) Official legal status or form Registration number : xxxxxxx Street Number Town and Postal Code Country VAT number: AB xxxxxxxxxx hereinafter referred to as "the beneficiary", represented for the purposes of signature of this agreement by Name and Surname, Title in the Beneficiary Organisation, on the other part, AGRI xx 1

2 HAVE AGREED to the Special Conditions (hereinafter referred to as "the Special Conditions") and Annexes below: Annex I Annex II Annex III Annex IV Annex V Annex VI Annex VII Annex VIII Annex IX Description of the action General Conditions (hereinafter referred to as "the General Conditions") Estimated budget of the action Model technical report Model financial statement, supporting documents for eligible costs Model terms of reference for the certificate on the financial statements: not applicable Model terms of reference for the operational verification report: not applicable Model terms of reference for the certificate on the compliance of the cost accounting practices: not applicable Maximum accommodation costs (hotel) accepted by the Commission which form an integral part of this Agreement (hereinafter referred to as "the Agreement"). The terms set out in the Special Conditions shall take precedence over those set out in the Annexes. The terms of Annex II "General Conditions" shall take precedence over the other Annexes. AGRI xx 2

3 I - SPECIAL CONDITIONS ARTICLE I.1 - SUBJECT MATTER OF THE AGREEMENT Grant for an action: The Commission has decided to award a grant under the terms and conditions set out in the Special Conditions, the General Conditions and the other Annexes to the Agreement, for the action entitled Title of the information measure ("the action") as described in Annex I. With the signature of this Agreement, the beneficiary accepts the grant and agrees to implement the action, acting on its own responsibility. Articles II.12.4, II.23.2(d) (ii) and II (c) shall not apply. ARTICLE I.2 - ENTRY INTO FORCE OF THE AGREEMENT AND DURATION OF THE ACTION I.2.1 The grant agreement shall enter into force on the date when the last party signs. I.2.2 The action shall run for [insert number] [months/days] as of the first day following the date when the last party signs the Agreement ("the starting date of the action") and shall end on.. ("the end date of the action"). ARTICLE I.3 - MAXIMUM AMOUNT AND FORM OF THE GRANT The grant shall be of a maximum amount of EUR xxx,xx and shall take the form of: (a) The reimbursement of 50% of the eligible direct costs of the action ("reimbursement of eligible costs"), which are estimated at EUR xxx,xx and which are: i. actually incurred ("reimbursement of actual costs") for the beneficiary [and the affiliated entities mentioned in the Article I.7]: ii. reimbursement of unit costs: not applicable iii. reimbursement of lump sum costs: not applicable iv. reimbursement of flat-rate costs: not applicable v. reimbursement of costs declared on the basis of the beneficiary's usual cost accounting practices: not applicable (b) A unit contribution: not applicable. (c) A lump sum contribution: not applicable. (d) A flat-rate contribution of 7% of the eligible direct costs to cover the indirect costs for the beneficiary [and the affiliated entities mentioned in the Article I.7]: AGRI xx 3

4 ARTICLE I.4 - ADDITIONAL PROVISIONS ON REPORTING, PAYMENTS AND PAYMENT ARRANGEMENTS I.4.1 Reporting periods and payments In addition to the provisions set out in Articles II.23 and II.24, the following reporting periods and payment arrangements shall apply: Sole reporting period from the start day of activities to the end of the period set out in Article I.2.2: - the final payment shall be paid to the beneficiary. It shall not exceed the maximum amount specified in Article I.3. I.4.2 Time limit for payments The time limit for the Commission to make an interim payment or payment of the balance is 90 days. I.4.3 Language of requests for payments, technical reports and financial statements All requests for payments, technical reports and financial statements shall be submitted in English, French or German. ARTICLE I.5 - BANK ACCOUNT FOR PAYMENTS All payments shall be made to the beneficiary's bank account as indicated below: Name of bank: xxxxxx Address of branch: xx, Street Precise denomination of the account holder: Name of Beneficiary Organisation IBAN code: AB xx xxxx xxxx xxxx xxx ARTICLE I.6 - DATA CONTROLLER AND COMMUNICATION DETAILS OF THE PARTIES I.6.1 Data controller The entity acting as a data controller according to Article II.6 shall be: The Data Protection Coordinator of DG AGRI, Unit R.2. I.6.2 Communication details of the Commission Any communication addressed to the Commission shall be sent to the following address: European Commission Directorate-General for Agriculture and Rural Development - CAD AGRI xx 4

5 Directorate E Economic analysis, perspectives and evaluation; communication Unit E.5 Internal and external Communication Office Loi /174 - BE 1049 Brussels For the attention of Unit E.5, Head of Unit address: AGRI-Grants@ec.europa.eu I.6.3 Communication details of the beneficiary Any communication from the Commission to the beneficiary shall be sent to the following address: Name and Surname Title Name of Beneficiary Organisation Street Number Postal Code and Town Country address: abc.defg@hij.kl ARTICLE I.7 ENTITIES AFFILIATED TO THE BENEFICIARY For the purpose of this Agreement, the following entities are considered as affiliated entities to the beneficiary: N/A or - [name of the entity]; - [name of the entity]; [idem for further affiliated entities] The beneficiary shall inform the Commission immediately of any change in the legal, financial, technical, organisational or ownership situation of its affiliated entities and of any change in their name and address. ARTICLE I.8 ADDITIONAL PROVISIONS ON USE OF THE RESULTS (INCLUDING INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS) In addition to the provisions of Article II.8.3, the beneficiary shall warrant that the Union has the rights to: - edit or re-write in another way the results of the action, including shortening, summarising, modifying the content, correcting technical errors in the content; - cut, insert meta-data, legends or other graphic, visual, audio or word elements in the results of the action; - extract a part (e.g. audio or video files) of, divide into parts or compile the results of the action; - prepare derivative works of the results of the action; AGRI xx 5

6 - translate, insert subtitles in, dub the results of the action in any other language; - authorise or sub-licence the modes of exploitation set out in points above to third parties. The Union shall have the rights of use specified in the General Condition and in points above for the whole duration of the industrial or intellectual property right[s] concerned. ARTICLE I.9 - INELIGIBLE COSTS In addition to the provisions of article II.19.4 (Ineligible costs) and by way of derogation from Article II.19.2 (Direct eligible costs), the following costs are considered to be ineligible: - the purchase or depreciation of new or second-hand equipment - VAT, unless beneficiaries, other than public law bodies, prove that they cannot recover it under the relevant national legislation. ARTICLE I.10 - ADDITIONAL PROVISIONS ON AWARD OF CONTRACTS AND SUBCONTRACTING In addition to the provisions set out in Article II.9, where the value of a contract awarded in accordance with this Article exceeds EUR 60,000, the beneficiary shall abide by the following rules: - Where the implementation of the action requires the procurement of goods, works or services, the beneficiary must invite at least five economic operators with proven expertise in the field concerned to submit a tender; - The beneficiary must award the contract in accordance with the principles of best value for money (best price-quality ratio), transparency and equal treatment. In addition to the provisions set out in Article II.10, where the value of a contract awarded in accordance with this Article exceeds EUR , the beneficiary shall abide by the following rules: - Recourse to the award of subcontracts must be duly justified in Annex I; - Where the implementation of the action requires the recourse to subcontracting,the beneficiary must invite at least five economic operators with proven expertise in the field concerned to submit a tender; - Subcontracts must be awarded in accordance with the principles of best value for money (best price-quality ratio), transparency and equal treatment. ARTICLE I.11 - VISIBILITY OF UNION FUNDING In addition to article II.7 beneficiaries must clearly acknowledge the European Union's contribution in all publications or in conjunction with activities for which the grant is used. In AGRI xx 6

7 addition, beneficiaries must use a disclaimer stating that the EU is not responsible for the views expressed in the publications and/or in conjunction with the activities for which the grant is used. Beneficiaries are required to give sufficient visibility to the name and emblem of the European Union on all their publications, posters, programmes and other activities realised under the cofinanced information measure. To do this, they must use the text and the emblem of the European Union and the disclaimer, all of them available at Evidence of this information must be included in the final technical implementation reports. If this requirement is not complied with, the beneficiary's grant may be proportionally reduced, in accordance with the provisions of the grant agreement and taking into account the requirement to give sufficient visibility to the name and emblem of the European Union on the activities realised under the co-financed information measure. ARTICLE I.12 - SPECIAL PROVISIONS ON THE CONVERSION OF COSTS INCURRED IN ANOTHER CURRENCY INTO EURO By way of derogation from Article II.23.4, any conversion into euro of costs incurred in other currencies shall be made by the beneficiary at the monthly accounting rate established by the Commission and published on its website ( applicable on the day when the cost was incurred. SIGNATURES For the beneficiary Name Surname, Title in the organisation For the Commission Name Surname, Head of Unit Done at town, [date] Done at Brussels, [date] AGRI xx 7