Education, Audiovisual and Culture Executive Agency

Transcription

1 Multi beneficiaries mdel agreement Educatin, Audivisual and Culture Executive Agency Erasmus+: Higher Educatin Erasmus Mundus Jint Master Degrees GRANT AGREEMENT FOR AN ACTION WITH MULTIPLE BENEFICIARIES ERASMUS MUNDUS JOINT MASTER DEGREES (EMJMD) Financing exclusively by lump sum and/r unit csts cntributin(s) AGREEMENT NUMBER XXXXXXXX PROJECT NUMBER XXXXXXXX The Educatin, Audivisual and Culture Executive Agency (hereinafter referred t as the Agency ), acting under pwers delegated by the Eurpean Cmmissin (hereinafter referred t as the Cmmissin ) represented fr the purpses f signature f this Agreement by Mr XXXXXXXX XXXXXXXX, Head f Unit fr Erasmus+: Higher Educatin Erasmus Mundus Jint Master Degrees, n the ne part, and XXXXXXXX XXXXXXXX, XXXXXXXX XXXXXXXX PO BOX XXXX XX - XXXXXXXX XXXXXXXX hereinafter referred t as the crdinatr, represented fr the purpses f signature f this Agreement by XXXXXXXX and the ther beneficiaries listed in Annex IV duly represented by the crdinatr by virtue f the mandates included in Annex IV fr the signature f this Agreement, hereinafter referred t cllectively as the beneficiaries, and individually as beneficiary fr the purpses f this Agreement where a prvisin applies withut distinctin between the crdinatr r anther beneficiary, n the ther part, Whereas the Cmmissin has taken the decisins n C(2013) 8550 f 04/12/2013 and n C(2014) 6158 f 03/09/2014 authrising the use f lump sum and reimbursement n the basis f unit csts t cver ne r mre different categries f eligible csts under the Erasmus+ Prgramme - Key Actin 1: Erasmus Mundus Jint Master Degrees. 1

2 Multi beneficiaries mdel agreement HAVE AGREED t the Special Cnditins (hereinafter referred t as the Special Cnditins ) and the fllwing Annexes: Annex I Annex II Annex III Annex IV Annex V Annex VI Annex VII Descriptin f the actin General Cnditins (hereinafter referred t as the General Cnditins ) Estimated budget f the actin List f beneficiaries and mandates prvided t the crdinatr by the ther beneficiaries Mdel technical reprt Mdel financial statement Mdel terms f reference fr the certificate n the financial statements and underlying accunts: nt applicable Annex VIII Mdel terms f reference fr the peratinal verificatin reprt: nt applicable Annex IX Annex X Minimum requirements fr the Health and Accident Insurance cverage f EMJMD students Minimum requirements and recmmendatins fr student selectin & schlarship management which frm an integral part f this Agreement, hereinafter referred t as "the Agreement". The terms set ut in the Special Cnditins shall take precedence ver thse set ut in the Annexes. The terms f Annex II "General Cnditins" shall take precedence ver the ther Annexes. 2

3 Multi beneficiaries mdel agreement SPECIAL CONDITIONS ARTICLE I.1 - SUBJECT MATTER OF THE AGREEMENT A Eurpean Unin grant is awarded, under the terms and cnditins set ut in the Special Cnditins, the General Cnditins and the ther Annexes t the Agreement, fr the actin entitled XXXXXXXX XXXXXXXX ("the actin") as described in Annex I. With the signature f the Agreement, the beneficiaries accept the grant and agree t implement the actin, acting n their wn respnsibility. ARTICLE I.2 - ENTRY INTO FORCE OF THE AGREEMENT AND DURATION OF THE ACTION I.2.1 I.2.2 The Agreement shall enter int frce n the date n which the last party signs. The actin shall run fr XX mnths as f XX/XX/XXXX ( the starting date f the actin ) and shall end n XX/XX/XXXX ARTICLE I.3 - MAXIMUM AMOUNT AND FORM OF THE GRANT The grant shall be f a maximum amunt f EUR XXXXXXXX and shall take the frm f: (a) Reimbursement f eligible csts: nt applicable. (b) A unit cntributin ( unit cntributin ) t cver the fllwing categries f eligible csts related t the EMJMD students schlarships, as indicated in the Erasmus+ Prgramme Guide: - participatin csts - travel and installatin csts - subsistence csts (c) A lump sum cntributin f maximum EUR XXXXXXX ( lump sum cntributin ) t cver the fllwing categries f eligible csts: - cntributin t the EMJMD cnsrtium management csts fr the preparatry year financed by a lump sum amunt f EUR (if relevant) - cntributin t the EMJMD cnsrtium management csts and csts fr invited schlars and guest lecturers financed by a lump sum amunt f EUR per intake f the EMJMD fr a ttal f three intakes. A reductin f EUR will be applied fr each schlar week nt duly carried ut and/r nt reprted. (d) Flat-rate cntributin: nt applicable 3

4 Multi beneficiaries mdel agreement ARTICLE I.4 - ADDITIONAL PROVISIONS ON REPORTING, PAYMENTS AND PAYMENT ARRANGEMENTS I.4.1 Reprting perids, payments and additinal supprting dcuments In additin t the prvisins set ut in Articles II.23 and II.24, the fllwing reprting and payment arrangements shall apply: - Upn entry int frce f the Agreement, a pre-financing payment f 25% f the maximum amunt specified in Article I.3 shall be paid t the crdinatr. Further pre-financing payments: - A secnd pre-financing payment f 50% f the maximum amunt specified in Article I.3 shall be paid t the crdinatr, subject t having used at least 70% f the previus prefinancing instalment paid, and t the receipt f a prgress reprt n the implementatin f the actin ( technical reprt n prgress ), and a statement n the amunt f the previus pre-financing instalment used t cver csts f the actin ( statement n the use f the previus pre-financing instalment ), drawn up in accrdance with Annexes V and VI, including an extract frm the EACEA mbility tl in rder fr the Agency t check the level f cnsumptin f the first instalment; - A third pre-financing payment f 25% f the maximum amunt specified in Article I.3 shall be paid t the crdinatr, subject t having used at least 70% f the previus prefinancing instalments paid, and t the receipt f a prgress reprt n the implementatin f the actin ( technical reprt n prgress ), and a statement n the amunt f the previus pre-financing instalment used t cver csts f the actin ( statement n the use f the previus pre-financing instalment ), drawn up in accrdance with Annexes V and VI, including an extract frm the EACEA mbility tl in rder fr the Agency t check the level f cnsumptin f the previus instalments; - Shuld preceding pre-financing instalments nt be executed in full, a further prefinancing (furth pre-financing) shall be requested by the crdinatr in rder t reach the maximum amunt f pre-financings. A furth pre-financing request (accmpanied by the frms specified in Annexes V and VI) shuld be submitted n later than ne year befre the end f the perid set ut in Article I.2.2. Payment f the balance: - Sle reprting perid frm the starting date f the actin t the end f the perid set ut in Article I.2.2: The balance shall be paid t the crdinatr, subject t the receipt f the final reprt accmpanied by a summary financial statement, drawn up in accrdance with Annex V and VI. Reprting arrangements: The dcuments referred t in Annexes V and VI must be submitted by the fllwing mnths: 1) a technical reprt by XX.XX.XXXX; 4

5 Multi beneficiaries mdel agreement 2) a secnd pre-financing request (accmpanied by the frms specified in Annexes V and VI) by XX.XX.XXXX; 3) a third pre-financing request (accmpanied by the frms specified in Annexes V and VI) n later than XX.XX.XXXX; 4) a final reprt cvering the whle duratin f the actin, accmpanied by a summary financial statement (frms t use specified in Annexes V and VI) must be submitted n later than 60 calendar days after the end date f the actin set ut in Article I.2. I.4.2 Time limit fr payments The time limit fr the Agency t make further pre-financing payments and payment f the balance is 60 days. I.4.3 Language f requests fr payments, technical reprts and financial statements All requests fr payments, technical reprts and financial statements shall be submitted in English, French r German. ARTICLE I.5 - BANK ACCOUNT FOR PAYMENTS All payments shall be made t the crdinatr's bank accunt, denminated in eur, as indicated belw: Name f bank: XXXXXXXX XXXXXXXX Address f branch: XXXXXXXX, XXXXXXXX XX - XXXXXXXX XXXXXXXX Precise denminatin f the accunt hlder: XXXXXXXX Full accunt number (including bank cdes): XXXXXXXX IBAN cde: XXXXXXXXXXXXXXXX ARTICLE I.6 - DATA CONTROLLER AND COMMUNICATION DETAILS OF THE PARTIES I.6.1 Data cntrller The entity acting as a data cntrller accrding t Article II.6 shall be the Directr f the Agency. I.6.2 Cmmunicatin details f the Agency Any cmmunicatin addressed t the Agency shall be sent t the fllwing address: Educatin, Audivisual and Culture Executive Agency 5

6 Multi beneficiaries mdel agreement XXXXXXXX XXXXXXXX Unit A3 Erasmus+: Higher Educatin Erasmus Mundus Jint Master Degrees XXXXXXXX XXXXXXXX XXXXXXXX XXXX Brussels BELGIUM address: I.6.3 Cmmunicatin details f the beneficiaries Any cmmunicatin frm the Agency t the beneficiaries shall be sent t the fllwing address: XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX, XXXXXXXX XXXXXXXX PO BOX XXXX XXXXXXXX - XXXXXXXX XXXXXXXX ARTICLE I.7 - ADDITIONAL PROVISIONS ON USE OF THE RESULTS (INCLUDING INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS) Fr the purpses f Article II.8.1 the beneficiaries agree that the right f the Agency and f the Cmmissin t make free use f the results f the actin shall include the rights t publish and t reprduce the final reprt n implementatin f the actin ( final reprt ) referred t in Article I.4.1, prvided it des nt result in a breach f cnfidentiality bligatins. In additin t the prvisins f Article II.8.3, the beneficiaries shall warrant that the Agency and/r the Eurpean Unin (hereinafter referred t as "the Unin") has the rights t: (a) (b) (c) (d) (e) (f) (g) cmmunicate the results f the actin by any ther types f cmmunicatin nt specified in the General Cnditins; edit r re-write in anther way the results f the actin, including shrtening, summarising, mdifying the cntent, crrecting technical errrs in the cntent; cut, insert meta-data, legends r ther graphic, visual, audi r wrd elements in the results f the actin; extract a part (e.g. audi r vide files) f, divide int parts r cmpile the results f the actin; prepare derivative wrks f the results f the actin; translate, insert subtitles in, dub the results f the actin in all fficial languages f EU; authrise r sub-licence the mdes f explitatin set ut abve t third parties. The Agency and/r the Unin shall have the rights f use specified in the General Cnditins and set ut abve fr the whle duratin f the industrial r intellectual prperty rights cncerned. 6

7 Multi beneficiaries mdel agreement ARTICLE I.8 - SETTLEMENT OF DISPUTES WITH NON EU BENEFICIARIES By way f dergatin frm Article II.18.2, where a beneficiary is legally established in a cuntry ther than a Member State f the Eurpean Unin (the 'nn EU beneficiary'), the Agency and/r the Unin and/r the nn EU beneficiary may bring befre the Curts f Brussels any dispute between the Agency and/r the Unin and the nn EU beneficiary cncerning the interpretatin, applicatin r validity f the Agreement, if such dispute cannt be settled amicably. In such case where ne party (i.e. the Agency, the Unin r the nn EU beneficiary) has brught prceedings befre the Curts f Brussels cncerning the interpretatin, applicatin r validity f the Agreement, the ther party may nt bring a claim arising frm the interpretatin, applicatin r validity f the Agreement in any ther curt than the Curts f Brussels already seized. ARTICLE I.9 - OTHER SPECIAL CONDITIONS ARTICLE I MINIMUM INSURANCE REQUIREMENTS The beneficiaries shall prvide a health and accident insurance scheme that guarantees adequate cverage in accrdance with Annex IX. ARTICLE I MINIMUM STUDENT SELECTION & SCHOLARSHIP MANAGEMENT REQUIREMENTS The beneficiaries shall adhere t the minimum requirements and recmmendatins fr students' selectin and schlarship management prvided in Annex X. ARTICLE I PARTICIPATION IN MEETINGS ORGANISED BY THE AGENCY Representatives f the beneficiaries are expected t participate in meetings rganised by the Agency, i.e. indicatively up t tw meetings per year. The expenses fr participatin are eligible csts and are cvered by the prject budget under "lump sum cntributin t the management csts". ARTICLE I DISSEMINATION AND EXPLOITATION OF RESULTS I Disseminatin Beneficiaries f grants under the Erasmus+ Prgramme have the duty t ensure that the wrk undertaken within the framewrk f this grant agreement and the results accruing frm it receive substantial visibility. The c-rdinatr must pay specific attentin t the imprtance f disseminatin, explitatin f results f the actin and t their visibility at a transnatinal level. In this respect, the c-rdinatr must: create and maintain (at least during the prject lifetime) a website fr the actin. The website must be kept up-t-date with at least: a descriptin f the prject, the cntact details f the c-rdinatr, the list f beneficiaries, mentin f the Eurpean Unin's financial supprt with the relevant lg (see Article I.9.4.2), and access t the principal results, as and when they becme available. 7

8 Multi beneficiaries mdel agreement update the prject summary in accrdance with the instructins prvided in Annex V. prvide during the prject lifetime the Agency and/r the Cmmissin with the infrmatin requested in rder t prmte the Erasmus+ Prgramme and disseminate the results. This may include answering questinnaires and entering data int databases. use the Erasmus+ Prject Results Platfrm, n the website t disseminate and explit prject results and deliverables in accrdance with the instructins prvided therein. The apprval f the final reprt will be subject t the uplad f the prject results/deliverables n the afrementined platfrm by the time f its submissin. I Publicity Obligatins Fr the purpse f Article II.7 f the grant agreement, relating t the publicity and use f the relevant lg, the beneficiaries must fllw the instructins available n the fllwing website: The beneficiaries must infrm the public, press and media f the actin (internet included), which must, in cnfrmity with Article II.7 mentined abve, visibly indicate with the supprt f the Erasmus+ Prgramme f the Eurpean Unin as well as the graphic lgs. Where the actin, r part f the actin, is a publicatin, the mentin and graphic lgs must appear n the cver r the first pages fllwing the editr's mentin. If the actin includes events fr the public, signs and psters related t this actin must be displayed. This must include the lgs mentined under paragraph 1. Authrisatin t use the lgs described in paragraph 1 implies n right f exclusive use and is limited t this agreement. ARTICLE I FINANCIAL PENALTIES I Penalties in case f nn-cmpliance with publicity prvisins The bligatin t cmply with the publicity prvisins set ut in Article II.7 cnstitutes a substantial bligatin. Withut prejudice t the right t terminate the grant, in case f failure t fulfil this bligatin, the Agency may apply a 20% reductin f the grant initially prvided fr. I Penalties in case f pr, partial, r late implementatin In rder t determine the final EU grant, the Agency will analyse and rate the final reprt n a scale f maximum 100 pints. The scre given will reflect the prject verall perfrmance. With reference t Article II.25.4, in case f pr, partial r late implementatin, the reductin f the grant initially prvided fr will be as fllws: - 25% if the prject scres at least 40 pints and belw 50 pints; - 35% if the prject scres at least 30 pints and belw 40 pints; - 55% if the prject scres at least 20 pints and belw 30 pints; - 75% if the prject scres belw 20 pints. ARTICLE I INAPPLICABILITY OF THE NO-PROFIT PRINCIPLE 8

9 Multi beneficiaries mdel agreement By way f dergatin frm Article II.25.3, the n-prfit principle des nt apply t the actin. ARTICLE I SPECIAL PROVISIONS ON THE CONVERSION OF COSTS INCURRED IN ANOTHER CURRENCY INTO EURO By way f dergatin frm Article II.23.4, any cnversin int eur f csts incurred in ther currencies shall be made by the beneficiaries at the mnthly accunting rate established by the Cmmissin and published n its website SIGNATURES Fr the crdinatr XXXXXXXX XXXXXXXX, Functin: [signature] Dne in Date: Fr the Agency XXXXXXXX XXXXXXXX Head f Unit [signature] Dne in Brussels Date: In duplicate in English In duplicate in English 9

10 Multi beneficiaries mdel agreement ANNEX I DESCRIPTION OF THE ACTION The grant awarded aims at implementing the activities as they are described in the applicatin frm submitted by: XXXXXXXX XXXXXXXX fr the actin entitled: XXXXXXXX XXXXXXXX and registered by the Agency under the reference: XXXXXXXX XXXXXXXX 10

11 Multi beneficiaries mdel agreement ANNEX II GENERAL CONDITIONS 11

12 Multi beneficiaries mdel agreement TABLE OF CONTENT PART A LEGAL AND ADMINISTRATIVE PROVISIONS II.1 GENERAL OBLIGATIONS AND ROLES OF THE BENEFICIARIES II.2 COMMUNICATIONS BETWEEN THE PARTIES II.3 LIABILITY FOR DAMAGES II.4 CONFLICT OF INTERESTS II.5 CONFIDENTIALITY II.6 PROCESSING OF PERSONAL DATA II.7 VISIBILITY OF UNION FUNDING II.8 PRE-EXISTING RIGHTS AND OWNERSHIP AND USE OF THE RESULTS (INCLUDING INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS) II.9 AWARD OF CONTRACTS NECESSARY FOR THE IMPLEMENTATION OF THE ACTION II.10 SUBCONTRACTING OF TASKS FORMING PART OF THE ACTION II.11 FINANCIAL SUPPORT TO THIRD PARTIES II.12 AMENDMENTS TO THE AGREEMENT II.13 ASSIGNMENT OF CLAIMS FOR PAYMENTS TO THIRD PARTIES II.14 FORCE MAJEURE II.15 SUSPENSION OF THE IMPLEMENTATION OF THE ACTION II.16 TERMINATION OF THE AGREEMENT II.17 ADMINISTRATIVE AND FINANCIAL PENALTIES II.18 APPLICABLE LAW, SETTLEMENT OF DISPUTES AND ENFORCEABLE DECISION PART B FINANCIAL PROVISIONS II.19 ELIGIBLE COSTS [NOT APPLICABLE] II.20 IDENTIFIABILITY AND VERIFIABILITY OF THE AMOUNTS DECLARED II.21 ELIGIBILITY OF COSTS OF ENTITIES AFFILIATED TO THE BENEFICIARIES II.22 BUDGET TRANSFERS [NOT APPLICABLE] II.23 TECHNICAL AND FINANCIAL REPORTING REQUESTS FOR PAYMENT AND SUPPORTING DOCUMENTS II.24 PAYMENTS AND PAYMENT ARRANGEMENTS II.25 DETERMINING THE FINAL AMOUNT OF THE GRANT II.26 RECOVERY II.27 CHECKS, AUDITS AND EVALUATION 12

13 Multi beneficiaries mdel agreement PART A LEGAL AND ADMINISTRATIVE PROVISIONS ARTICLE II.1 GENERAL OBLIGATIONS AND ROLES OF THE BENEFICIARIES II.1.1 General bligatins and rle f the beneficiaries The beneficiaries shall: (a) (b) (c) be jintly and severally respnsible fr carrying ut the actin in accrdance with the terms and cnditins f the Agreement; be respnsible fr cmplying with any legal bligatins incumbent n them jintly r individually; make apprpriate internal arrangements fr the prper implementatin f the actin, cnsistent with the prvisins f this Agreement; where prvided fr in the Special Cnditins, thse arrangements shall take the frm f an internal c-peratin agreement between the beneficiaries. II.1.2 General bligatins and rle f each beneficiary Each beneficiary shall: (a) (b) (c) infrm the crdinatr immediately f any change likely t affect r delay the implementatin f the actin f which the beneficiary is aware; infrm the crdinatr immediately f any change in its legal, financial, technical, rganisatinal r wnership situatin r f its affiliated entities and f any change in its name, address r legal representative r f its affiliated entities; submit in due time t the crdinatr: (ii) the data needed t draw up the reprts, financial statements and ther dcuments prvided fr in the Agreement; (iii) all the necessary dcuments in the event f audits, checks r evaluatin in accrdance with Article II.27; (iv) any ther infrmatin t be prvided t the Agency accrding t the Agreement, except where the Agreement requires that such infrmatin is submitted directly by the beneficiary t the Agency. II.1.3 General bligatins and rle f the crdinatr The crdinatr shall: (a) mnitr that the actin is implemented in accrdance with the Agreement; 13

14 Multi beneficiaries mdel agreement (b) be the intermediary fr all cmmunicatins between the beneficiaries and the Agency, except where prvided therwise in the Agreement, and, in particular, the crdinatr shall: (i) (ii) immediately prvide the Agency with the infrmatin related t any change in the name, address, legal representative as well as in the legal, financial, technical, rganisatinal r wnership situatin f any f the beneficiaries r f its affiliated entities r t any event likely t affect r delay the implementatin f the actin, f which the crdinatr is aware; bear respnsibility fr supplying all dcuments and infrmatin t the Agency which may be required under the Agreement, except where prvided therwise in the Agreement; where infrmatin is required frm the ther beneficiaries, the crdinatr shall bear respnsibility fr btaining and verifying this infrmatin befre passing it n t the Agency; (c) (d) (e) (f) (g) make the apprpriate arrangements fr prviding any financial guarantees required under the Agreement; establish the requests fr payment in accrdance with the Agreement; where it is designated as the sle recipient f payments n behalf f all f the beneficiaries, ensure that all the apprpriate payments are made t the ther beneficiaries withut unjustified delay; bear respnsibility fr prviding all the necessary dcuments in the event f checks and audits initiated befre the payment f the balance, and in the event f evaluatin in accrdance with Article II.27; transfer t the beneficiaries, withut delay, any dcument relating t the actin r the grant. The crdinatr shall nt subcntract any part f its tasks t the ther beneficiaries r t any ther party. ARTICLE II.2 COMMUNICATIONS BETWEEN THE PARTIES II.2.1 Frm and means f cmmunicatins Any cmmunicatin relating t the Agreement r t its implementatin shall be made in writing (in paper r electrnic frm), shall bear the number f the Agreement and shall be made using the cmmunicatin details identified in Article I.6. Electrnic cmmunicatins shall be cnfirmed by an riginal signed paper versin f that cmmunicatin if requested by any f the parties prvided that this request is submitted withut unjustified delay. The sender shall send the riginal signed paper versin withut unjustified delay. 14

15 Multi beneficiaries mdel agreement Frmal ntificatins shall be made by registered mail with return receipt r equivalent, r by equivalent electrnic means. II.2.2 Date f cmmunicatins Any cmmunicatin is deemed t have been made when it is received by the receiving party, unless the agreement refers t the date when the cmmunicatin was sent. Electrnic cmmunicatin is deemed t have been received by the receiving party n the day f successful dispatch f that cmmunicatin, prvided that it is sent t the addressees listed in Article I.6. Dispatch shall be deemed unsuccessful if the sending party receives a message f nn-delivery. In this case, the sending party shall immediately send again such cmmunicatin t any f the ther addresses listed in Article I.6. In case f unsuccessful dispatch, the sending party shall nt be held in breach f its bligatin t send such cmmunicatin within a specified deadline. Mail sent t the Agency using the pstal services is cnsidered t have been received by the Agency n the date n which it is registered by the department identified in Article I.6.2. Frmal ntificatins made by registered mail with return receipt r equivalent, r by equivalent electrnic means, shall be cnsidered t have been received by the receiving party n the date f receipt indicated n the return receipt r equivalent. ARTICLE II.3 LIABILITY FOR DAMAGES II.3.1 The Agency shall nt be held liable fr any damage caused r sustained by any f the beneficiaries, including any damage caused t third parties as a cnsequence f r during the implementatin f the actin. II.3.2 Except in cases f frce majeure, the beneficiaries shall cmpensate the Agency fr any damage sustained by it as a result f the implementatin f the actin r because the actin was nt implemented r implemented prly, partially r late. ARTICLE II.4 CONFLICT OF INTERESTS II.4.1 The beneficiaries shall take all necessary measures t prevent any situatin where the impartial and bjective implementatin f the Agreement is cmprmised fr reasns invlving ecnmic interest, plitical r natinal affinity, family r emtinal ties r any ther shared interest ( cnflict f interests ). II.4.2 Any situatin cnstituting r likely t lead t a cnflict f interests during the implementatin f the Agreement shall be ntified t the Agency, in writing, withut delay. The beneficiaries shall immediately take all the necessary steps t rectify this situatin. The Agency reserves the right t verify that the measures taken are apprpriate and may require additinal measures t be taken within a specified deadline. 15

16 Multi beneficiaries mdel agreement ARTICLE II.5 CONFIDENTIALITY II.5.1 The Agency and the beneficiaries shall preserve the cnfidentiality f any infrmatin and dcuments, in any frm, which are disclsed in writing r rally in relatin t the implementatin f the Agreement and which are explicitly indicated in writing as cnfidential. II.5.2 The beneficiaries shall nt use cnfidential infrmatin and dcuments fr any reasn ther than fulfilling their bligatins under the Agreement, unless therwise agreed with the Agency in writing. II.5.3 The Agency and the beneficiaries shall be bund by the bligatins referred t in Articles II.5.1 and II.5.2 during the implementatin f the Agreement and fr a perid f five years starting frm the payment f the balance, unless: (a) the party cncerned agrees t release the ther party frm the cnfidentiality bligatins earlier; (b) the cnfidential infrmatin becmes public thrugh ther means than in breach f the cnfidentiality bligatin thrugh disclsure by the party bund by that bligatin; (c) the disclsure f the cnfidential infrmatin is required by law. ARTICLE II.6 PROCESSING OF PERSONAL DATA II.6.1 Prcessing f persnal data by the Agency Any persnal data included in the Agreement shall be prcessed by the Agency pursuant t Regulatin (EC) N 45/2001 f the Eurpean Parliament and f the Cuncil f 18 December 2000 n the prtectin f individuals with regard t the prcessing f persnal data by the Cmmunity institutins and bdies and n the free mvement f such data. Such data shall be prcessed by the data cntrller identified in Article I.6.1 slely fr the purpses f the implementatin, management and mnitring f the Agreement, withut prejudice t pssible transmissin t the bdies charged with the mnitring r inspectin tasks in applicatin f Unin law. The beneficiaries shall have the right f access t their persnal data and the right t rectify any such data. Shuld the beneficiaries have any queries cncerning the prcessing f their persnal data, they shall address them t the data cntrller, identified in Article I.6.1. The beneficiaries shall have the right f recurse at any time t the Eurpean Data Prtectin Supervisr. II.6.2 Prcessing f persnal data by the beneficiaries 16

17 Multi beneficiaries mdel agreement Where the Agreement requires the prcessing f persnal data by the beneficiaries, the beneficiaries may act nly under the supervisin f the data cntrller identified in Article I.6.1, in particular with regard t the purpse f the prcessing, the categries f data which may be prcessed, the recipients f the data and the means by which the data subject may exercise his r her rights. The access t data that the beneficiaries grant t their persnnel shall be limited t the extent strictly necessary fr the implementatin, management and mnitring f the Agreement. The beneficiaries undertake t adpt apprpriate technical and rganisatinal security measures having regard t the risks inherent in the prcessing and t the nature f the persnal data cncerned, in rder t: (a) prevent any unauthrised persn frm gaining access t cmputer systems prcessing persnal data, and especially: (i) (ii) unauthrised reading, cpying, alteratin r remval f strage media; unauthrised data input as well as any unauthrised disclsure, alteratin r erasure f stred persnal data; (iii) unauthrised persns frm using data-prcessing systems by means f data transmissin facilities; (b) (c) (d) (e) (f) ensure that authrised users f a data-prcessing system can access nly the persnal data t which their access right refers; recrd which persnal data have been cmmunicated, when and t whm; ensure that persnal data being prcessed n behalf f third parties can be prcessed nly in the manner prescribed by the Agency; ensure that, during cmmunicatin f persnal data and transprt f strage media, the data cannt be read, cpied r erased withut authrisatin; design their rganisatinal structure in such a way that it meets data prtectin requirements. ARTICLE II.7 VISIBILITY OF UNION FUNDING II.7.1 Infrmatin n Unin funding and use f Eurpean Unin emblem Unless the Agency requests r agrees therwise, any cmmunicatin r publicatin related t the actin, made by the beneficiaries jintly r individually, including at cnferences, seminars r in any infrmatin r prmtinal materials (such as brchures, leaflets, psters, presentatins, etc.), shall indicate that the actin has received funding frm the Unin and shall display the Eurpean Unin emblem. 17

18 Multi beneficiaries mdel agreement When displayed in assciatin with anther lg, the Eurpean Unin emblem must have apprpriate prminence. The bligatin t display the Eurpean Unin emblem des nt cnfer t the beneficiaries a right f exclusive use. The beneficiaries shall nt apprpriate the Eurpean Unin emblem r any similar trademark r lg, either by registratin r by any ther means. Fr the purpses f the first, secnd and third subparagraphs and under the cnditins specified therein, the beneficiaries are exempted frm the bligatin t btain prir permissin frm the Agency t use the Eurpean Unin emblem. II.7.2 Disclaimers excluding Agency and Cmmissin respnsibility Any cmmunicatin r publicatin related t the actin, made by the beneficiaries jintly r individually in any frm and using any means, shall indicate that it reflects nly the authr's view and that the Agency and the Cmmissin are nt respnsible fr any use that may be made f the infrmatin it cntains. ARTICLE II.8 PRE-EXISTING RIGHTS AND OWNERSHIP AND USE OF THE RESULTS (INCLUDING INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS) II.8.1 Ownership f the results by the beneficiaries Unless stipulated therwise in the Agreement, wnership f the results f the actin, including industrial and intellectual prperty rights, and f the reprts and ther dcuments relating t it, shall be vested in the beneficiaries. II.8.2 Pre-existing industrial and intellectual prperty rights Where industrial and intellectual prperty rights, including rights f third parties, exist prir t the cnclusin f the Agreement, the beneficiaries shall establish a list which shall specify all rights f wnership and use f the pre-existing industrial and intellectual prperty rights and disclse it t the Agency at the latest befre the cmmencement f implementatin. The beneficiaries shall ensure that they r their affiliated entities have all the rights t use any pre-existing industrial and intellectual prperty rights during the implementatin f the Agreement. II.8.3 Rights f use f the results and f pre-existing rights by the Agency and/r the Unin Withut prejudice t Articles II.1.1, II.3 and II.8.1, the beneficiaries grant the Agency and/r the Unin the right t use the results f the actin fr the fllwing purpses: (a) use fr its wn purpses, and in particular, making available t persns wrking fr the Agency, the Unin institutins, agencies and bdies and t Member States' institutins, 18

19 Multi beneficiaries mdel agreement as well as, cpying and reprducing in whle r in part and in unlimited number f cpies; (b) (c) (d) (e) (f) (g) distributin t the public, and in particular, publicatin in hard cpies and in electrnic r digital frmat, publicatin n the internet, including n the Eurpa website, as a dwnladable r nn-dwnladable file, bradcasting by any kind f technique f transmissin, public display r presentatin, cmmunicatin thrugh press infrmatin services, inclusin in widely accessible databases r indexes; translatin; giving access upn individual requests withut the right t reprduce r explit, as prvided fr by Regulatin (EC) N 1049/2001 f the Eurpean Parliament and f the Cuncil f 30 May 2001 regarding public access t Eurpean Parliament, Cuncil and Cmmissin dcuments; strage in paper, electrnic r ther frmat; archiving in line with the dcument management rules applicable t the Agency and/r the Cmmissin; rights t authrise r sub-licence the mdes f explitatin set ut in pints (b) and (c) t third parties. Additinal rights f use fr the Agency and/r the Unin may be prvided fr in the Special Cnditins. The beneficiaries shall warrant that the Agency and/r the Unin has the right t use any preexisting industrial and intellectual prperty rights, which have been included in the results f the actin. Unless specified therwise in the Special Cnditins, thse pre-existing rights shall be used fr the same purpses and under the same cnditins applicable t the rights f use f the results f the actin. Infrmatin abut the cpyright wner shall be inserted when the result is divulged by the Agency and/r the Unin. The cpyright infrmatin shall read: " year name f the cpyright wner. All rights reserved. Licenced t the Eurpean Unin under cnditins.". ARTICLE II.9 AWARD OF CONTRACTS NECESSARY FOR THE IMPLEMENTATION OF THE ACTION II.9.1 Where the implementatin f the actin requires the prcurement f gds, wrks r services, the beneficiaries shall award the cntract t the tender ffering best value fr mney r, as apprpriate, t the tender ffering the lwest price. In ding s, they shall avid any cnflict f interests. Beneficiaries acting in their capacity f cntracting authrities within the meaning f Directive 2004/18/EC f the Eurpean Parliament and f the Cuncil f 31 March 2004 n the crdinatin f prcedures fr the award f public wrk cntracts, public 19

20 Multi beneficiaries mdel agreement supply cntracts and public service cntracts r cntracting entities within the meaning f Directive 2004/17/EC f the Eurpean Parliament and f the Cuncil f 31 March 2004 crdinating the prcurement prcedures f entities perating in the water, energy, transprt and pstal services sectrs shall abide by the applicable natinal public prcurement rules. II.9.2 The beneficiaries shall retain sle respnsibility fr carrying ut the actin and fr cmpliance with the prvisins f the Agreement. The beneficiaries shall ensure that any prcurement cntract cntains prvisins stipulating that the cntractr has n rights vis-à-vis the Agency under the Agreement. II.9.3 The beneficiaries shall ensure that the cnditins applicable t them under Articles II.3, II.4, II.5, II.8 and II.27 are als applicable t the cntractr. ARTICLE II.10 SUBCONTRACTING OF TASKS FORMING PART OF THE ACTION II.10.1 A "subcntract" is a prcurement cntract within the meaning f Article II.9, which cvers the implementatin by a third party f tasks frming part f the actin as described in Annex I. II.10.2 Beneficiaries may subcntract tasks frming part f the actin, prvided that, in additin t the cnditins specified in Article II.9 and the Special Cnditins, the fllwing cnditins are cmplied with: (a) subcntracting nly cvers the implementatin f a limited part f the actin; (b) recurse t subcntracting is justified having regard t the nature f the actin and what is necessary fr its implementatin; (c) the estimated csts f the subcntracting are clearly identifiable in the estimated budget set ut in Annex III; (d) any recurse t subcntracting, if nt prvided fr in Annex I, is cmmunicated by the crdinatr and apprved by the Agency withut prejudice t Article II.12.2; (e) the beneficiaries ensure that the cnditins applicable t them under Article II.7 are als applicable t the subcntractr. ARTICLE II.11 FINANCIAL SUPPORT TO THIRD PARTIES II.11.1 Where the implementatin f the actin requires giving financial supprt t third parties, the beneficiaries shall give such financial supprt in accrdance with the cnditins specified in Annex I, which shall at least cntain: 20

21 Multi beneficiaries mdel agreement (a) the maximum amunt f financial supprt, which shall nt exceed EUR fr each third party except where the financial supprt is the primary aim f the actin as specified in Annex I; (b) the criteria fr determining the exact amunt f the financial supprt; (c) the different types f activity that may receive financial supprt, n the basis f a fixed list; (d) the definitin f the persns r categries f persns which may receive financial supprt; (e) the criteria fr giving the financial supprt. II.11.2 By way f dergatin frm Article II.11.1, in case the financial supprt takes the frm f a prize, the beneficiaries shall give such financial supprt in accrdance with the cnditins specified in Annex I, which shall at least cntain: (a) the cnditins fr participatin; (b) the award criteria; (c) the amunt f the prize; (d) the payment arrangements. II.11.3 The beneficiaries shall ensure that the cnditins applicable t them under Articles II.3, II.4, II.5, II.7, II.8 and II.27 are als applicable t the third parties receiving financial supprt. ARTICLE II.12 AMENDMENTS TO THE AGREEMENT II.12.1 Any amendment t the Agreement shall be made in writing. II.12.2 An amendment may nt have the purpse r the effect f making changes t the Agreement which wuld call int questin the decisin awarding the grant r be cntrary t the equal treatment f applicants. II.12.3 Any request fr amendment shall be duly justified and shall be sent t the ther party in due time befre it is due t take effect, and in any case ne mnth befre the end f the perid set ut in Article I.2.2, except in cases duly substantiated by the party requesting the amendment and accepted by the ther party. II.12.4 A request fr amendment n behalf f the beneficiaries shall be submitted by the crdinatr. If a change f crdinatr is requested withut its agreement, the request shall be submitted by all the ther beneficiaries. II.12.5 Amendments shall enter int frce n the date n which the last party signs r n the date f apprval f the request fr amendment. 21

22 Multi beneficiaries mdel agreement Amendments shall take effect n a date agreed by the parties r, in the absence f such an agreed date, n the date n which the amendment enters int frce. ARTICLE II.13 ASSIGNMENT OF CLAIMS FOR PAYMENTS TO THIRD PARTIES II.13.1 Claims fr payments f the beneficiaries against the Agency may nt be assigned t third parties, except in duly justified cases where the situatin warrants it. The assignment shall nly be enfrceable against the Agency if it has accepted the assignment n the basis f a written and reasned request t that effect made by the crdinatr n behalf f the beneficiaries. In the absence f such acceptance, r in the event f failure t bserve the terms theref, the assignment shall have n effect n the Agency. II.13.2 In n circumstances shall such an assignment release the beneficiaries frm their bligatins twards the Agency. ARTICLE II.14 FORCE MAJEURE II.14.1 "Frce majeure" shall mean any unfreseeable exceptinal situatin r event beynd the parties' cntrl, which prevents either f them frm fulfilling any f their bligatins under the Agreement, which was nt attributable t errr r negligence n their part r n the part f subcntractrs, affiliated entities r third parties invlved in the implementatin and which prves t be inevitable in spite f exercising all due diligence. Any default f a service, defect in equipment r material r delays in making them available, unless they stem directly frm a relevant case f frce majeure, as well as labur disputes, strikes r financial difficulties cannt be invked as frce majeure. II.14.2 A party faced with frce majeure shall frmally ntify the ther party withut delay, stating the nature, likely duratin and freseeable effects. II.14.3 The parties shall take the necessary measures t limit any damage due t frce majeure. They shall d their best t resume the implementatin f the actin as sn as pssible. II.14.4 The party faced with frce majeure shall nt be held t be in breach f its bligatins under the Agreement if it has been prevented frm fulfilling them by frce majeure. ARTICLE II.15 SUSPENSION OF THE IMPLEMENTATION OF THE ACTION II.15.1 Suspensin f the implementatin by the beneficiaries 22

23 Multi beneficiaries mdel agreement The crdinatr, n behalf f the beneficiaries, may suspend the implementatin f the actin r any part theref, if exceptinal circumstances make such implementatin impssible r excessively difficult, in particular in the event f frce majeure. The crdinatr shall infrm the Agency withut delay, giving all the necessary reasns and details and the freseeable date f resumptin. Unless the Agreement r the participatin f a beneficiary is terminated in accrdance with Articles II.16.1, II.16.2 r pints (c) r (d) f Article II , the crdinatr shall, nce the circumstances allw resuming the implementatin f the actin, infrm the Agency immediately and present a request fr amendment f the Agreement as prvided fr in Article II II.15.2 Suspensin f the implementatin by the Agency II The Agency may suspend the implementatin f the actin r any part theref: (a) (b) (c) if the Agency has evidence that a beneficiary has cmmitted substantial errrs, irregularities r fraud in the award prcedure r in the implementatin f the Agreement r if a beneficiary fails t cmply with its bligatins under the Agreement; if the Agency has evidence that a beneficiary has cmmitted systemic r recurrent errrs, irregularities, fraud r breach f bligatins under ther grants funded by the Unin r the Eurpean Atmic Energy Cmmunity which were awarded t that beneficiary under similar cnditins, prvided that thse errrs, irregularities, fraud r breach f bligatins have a material impact n this grant; r if the Agency suspects substantial errrs, irregularities, fraud r breach f bligatins cmmitted by a beneficiary in the award prcedure r in the implementatin f the Agreement and needs t verify whether they have actually ccurred. II Befre suspending the implementatin the Agency shall frmally ntify the crdinatr f its intentin t suspend, specifying the reasns theref, and, in the cases referred t in pints (a) and (b) f Article II , the necessary cnditins fr resuming the implementatin. The crdinatr shall be invited t submit bservatins n behalf f all beneficiaries within 30 calendar days frm receipt f this ntificatin. If, after examinatin f the bservatins submitted by the crdinatr, the Agency decides t stp the suspensin prcedure, it shall frmally ntify the crdinatr theref. If n bservatins have been submitted r if, despite the bservatins submitted by the crdinatr, the Agency decides t pursue the suspensin prcedure, it may suspend the implementatin by frmally ntifying the crdinatr theref, specifying the reasns fr the suspensin and, in the cases referred t in pints (a) and (b) f Article II , the definitive cnditins fr resuming the 23

24 Multi beneficiaries mdel agreement implementatin r, in the case referred t in pint (c) f Article II , the indicative date f cmpletin f the necessary verificatin. The crdinatr shall infrm the ther beneficiaries immediately. The suspensin shall take effect five calendar days after the receipt f the ntificatin by the crdinatr r n a later date, where the ntificatin s prvides. In rder t resume the implementatin, the beneficiaries shall endeavur t meet the ntified cnditins as sn as pssible and shall infrm the Agency f any prgress made in this respect. Unless the Agreement r the participatin f a beneficiary is terminated in accrdance with Articles II.16.1, II.16.2 r pints (c), (i) r (j) f Article II , the Agency shall, as sn as it cnsiders that the cnditins fr resuming the implementatin have been met r the necessary verificatin, including n-the-spt checks, has been carried ut, frmally ntify the crdinatr theref and invite the crdinatr t present a request fr amendment f the Agreement as prvided fr in Article II II.15.3 Effects f the suspensin If the implementatin f the actin can be resumed and the Agreement is nt terminated, an amendment t the Agreement shall be made in accrdance with Article II.12 in rder t establish the date n which the actin shall be resumed, t extend the duratin f the actin and t make any ther mdificatins that may be necessary t adapt the actin t the new implementing cnditins. The suspensin is deemed lifted as frm the date f resumptin f the actin agreed by the parties in accrdance with the first subparagraph. Such a date may be befre the date n which the amendment enters int frce. Any csts incurred by the beneficiaries, during the perid f suspensin, fr the implementatin f the suspended actin r the suspended part theref, shall nt be reimbursed r cvered by the grant. The right f the Agency t suspend the implementatin is withut prejudice t its right t terminate the Agreement r the participatin f a beneficiary in accrdance with Article II.16.3 and its right t reduce the grant r recver amunts unduly paid in accrdance with Articles II.25.4 and II.26. Neither party shall be entitled t claim cmpensatin n accunt f a suspensin by the ther party. ARTICLE II.16 TERMINATION OF THE AGREEMENT II.16.1 Terminatin f the Agreement by the crdinatr 24

25 Multi beneficiaries mdel agreement In duly justified cases, the crdinatr, n behalf f all beneficiaries, may terminate the Agreement by frmally ntifying the Agency theref, stating clearly the reasns and specifying the date n which the terminatin shall take effect. The ntificatin shall be sent befre the terminatin is due t take effect. If n reasns are given r if the Agency cnsiders that the reasns expsed cannt justify the terminatin, it shall frmally ntify the crdinatr, specifying the grunds theref, and the Agreement shall be deemed t have been terminated imprperly, with the cnsequences set ut in the furth subparagraph f Article II II.16.2 Terminatin f the participatin f ne r mre beneficiaries by the crdinatr In duly justified cases, the participatin f any ne r several beneficiaries in the Agreement may be terminated by the crdinatr, acting n request f that beneficiary r thse beneficiaries, r n behalf f all the ther beneficiaries. When ntifying such terminatin t the Agency, the crdinatr shall include the reasns fr the terminatin f the participatin, the pinin f the beneficiary r beneficiaries the participatin f which is terminated, the date n which the terminatin shall take effect and the prpsal f the remaining beneficiaries relating t the reallcatin f the tasks f that beneficiary r thse beneficiaries r, where relevant, t the nminatin f ne r mre replacements which shall succeed that beneficiary r thse beneficiaries in all their rights and bligatins under the Agreement. The ntificatin shall be sent befre the terminatin is due t take effect. If n reasns are given r if the Agency cnsiders that the reasns expsed cannt justify the terminatin, it shall frmally ntify the crdinatr, specifying the grunds theref, and the participatin shall be deemed t have been terminated imprperly, with the cnsequences set ut in the furth subparagraph f Article II Withut prejudice t Article II.12.2, an amendment t the Agreement shall be made, in rder t intrduce the necessary mdificatins. II.16.3 Terminatin f the Agreement r the participatin f ne r mre beneficiaries by the Agency II The Agency may decide t terminate the Agreement r the participatin f any ne r several beneficiaries participating in the actin, in the fllwing circumstances: (a) (b) (c) if a change t the beneficiary s legal, financial, technical, rganisatinal r wnership situatin is likely t affect the implementatin f the Agreement substantially r calls int questin the decisin t award the grant; if, fllwing the terminatin f the participatin f any ne r several beneficiaries, the necessary mdificatins t the Agreement wuld call int questin the decisin awarding the grant r wuld result in unequal treatment f applicants; if the beneficiaries d nt implement the actin as specified in Annex I r if a beneficiary fails t cmply with anther substantial bligatin incumbent n it under the terms f the Agreement; 25

26 Multi beneficiaries mdel agreement (d) (e) (f) (g) (h) (i) (j) in the event f frce majeure, ntified in accrdance with Article II.14, r in the event f suspensin by the crdinatr as a result f exceptinal circumstances, ntified in accrdance with Article II.15, where resuming the implementatin is impssible r where the necessary mdificatins t the Agreement wuld call int questin the decisin awarding the grant r wuld result in unequal treatment f applicants; if a beneficiary is declared bankrupt, is being wund up, is having its affairs administered by the curts, has entered int an arrangement with creditrs, has suspended business activities, is the subject f any ther similar prceedings cncerning thse matters, r is in an analgus situatin arising frm a similar prcedure prvided fr in natinal legislatin r regulatins; if a beneficiary r any related persn, as defined in the secnd subparagraph, have been fund guilty f prfessinal miscnduct prven by any means; if a beneficiary is nt in cmpliance with its bligatins relating t the payment f scial security cntributins r the payment f taxes in accrdance with the legal prvisins f the cuntry in which it is established r in which the actin is implemented; if the Agency has evidence that a beneficiary r any related persn, as defined in the secnd subparagraph, have cmmitted fraud, crruptin, r are invlved in a criminal rganisatin, mney laundering r any ther illegal activity detrimental t the Unin's financial interests; if the Agency has evidence that a beneficiary r any related persn, as defined in the secnd subparagraph, have cmmitted substantial errrs, irregularities r fraud in the award prcedure r in the implementatin f the Agreement, including in the event f submissin f false infrmatin r failure t submit required infrmatin in rder t btain the grant prvided fr in the Agreement; r if the Agency has evidence that a beneficiary has cmmitted systemic r recurrent errrs, irregularities, fraud r breach f bligatins under ther grants funded by the Unin r the Eurpean Atmic Energy Cmmunity which were awarded t that beneficiary under similar cnditins, prvided that thse errrs, irregularities, fraud r breach f bligatins have a material impact n this grant. Fr the purpses f pints (f), (h) and (i), "any related persn" shall mean any natural persn which has the pwer t represent the beneficiary r t take decisins n its behalf. II Befre terminating the Agreement r the participatin f any ne r several beneficiaries, the Agency shall frmally ntify the crdinatr and, as may be the case, the beneficiary(ies) cncerned f its intentin t terminate, specifying the 26

27 Multi beneficiaries mdel agreement reasns theref and inviting the crdinatr, within 45 calendar days frm receipt f the ntificatin, t submit bservatins n behalf f all beneficiaries and, in the case f pint (c) f Article II , t infrm the Agency abut the measures taken t ensure that the beneficiaries cntinue t fulfil their bligatins under the Agreement. If, after examinatin f the bservatins submitted by the crdinatr, the Agency decides t stp the terminatin prcedure, it shall frmally ntify the crdinatr theref. If n bservatins have been submitted r if, despite the bservatins submitted by the crdinatr, the Agency decides t pursue the terminatin prcedure, it may terminate the Agreement r the participatin f any ne r several beneficiaries by frmally ntifying the crdinatr theref, specifying the reasns fr the terminatin. In the cases referred t in pints (a), (b), (c), (e) and (g) f Article II , the frmal ntificatin shall specify the date n which the terminatin takes effect. In the cases referred t in pints (d), (f), (h), (i) and (j) f Article II , the terminatin shall take effect n the day fllwing the date n which the frmal ntificatin was received by the crdinatr. II.16.4 Effects f terminatin Where the Agreement is terminated, payments by the Agency shall be limited t the amunt determined in accrdance with Article II.25 n the basis f the eligible csts incurred by the beneficiaries and the actual level f implementatin f the actin n the date when the terminatin takes effect. Csts relating t current cmmitments, which are nt due fr executin until after the terminatin, shall nt be taken int accunt. The crdinatr shall have 60 days frm the date when the terminatin f the Agreement takes effect, as prvided fr in Articles II.16.1 and II , t prduce a request fr payment f the balance in accrdance with Article II If n request fr payment f the balance is received within this time limit, the Agency shall nt reimburse r cver any csts which are nt included in a financial statement apprved by it r which are nt justified in a technical reprt apprved by it. In accrdance with Article II.26, the Agency shall recver any amunt already paid, if its use is nt substantiated by the technical reprts and, where applicable, by the financial statements apprved by the Agency. Where the participatin f a beneficiary is terminated, the beneficiary cncerned shall submit t the crdinatr a technical reprt and, where applicable, a financial statement cvering the perid frm the end f the last reprting perid accrding t Article I.4 fr which a reprt has been submitted t the Agency t the date n which the terminatin takes effect. The technical reprt and the financial statement shall be submitted in due time t allw the crdinatr t draw up the crrespnding payment request. Only thse csts incurred by the beneficiary cncerned up t the date when terminatin f its participatin takes effect shall be reimbursed r cvered by the grant. Csts relating t current cmmitments, which were nt due fr executin until after the terminatin, shall nt be taken int accunt. The request fr payment fr the beneficiary cncerned shall be included in the next payment request submitted by the crdinatr in accrdance with the schedule laid dwn in Article I.4. 27

28 Multi beneficiaries mdel agreement Where the Agency, in accrdance with pint (c) f Article II , is terminating the Agreement n the grunds that the crdinatr has failed t prduce the request fr payment and, after a reminder, has still nt cmplied with this bligatin within the deadline set ut in Article II.23.3, the first subparagraph shall apply, subject t the fllwing: (a) (b) there shall be n additinal time perid frm the date when the terminatin f the Agreement takes effect fr the crdinatr t prduce a request fr payment f the balance in accrdance with Article II.23.2; and the Agency shall nt reimburse r cver any csts incurred by the beneficiaries up t the date f terminatin r up t the end f the perid set ut in Article I.2.2, whichever is the earlier, which are nt included in a financial statement apprved by it r which are nt justified in a technical reprt apprved by it. In additin t the first, secnd and third subparagraphs, where the Agreement r the participatin f a beneficiary is terminated imprperly by the crdinatr within the meaning f Articles II.16.1 and II.16.2, r where the Agreement r the participatin f a beneficiary is terminated by the Agency n the grunds set ut in pints (c), (f), (h), (i) and (j) f Article II , the Agency may als reduce the grant r recver amunts unduly paid in accrdance with Articles II.25.4 and II.26, in prprtin t the gravity f the failings in questin and after allwing the crdinatr, and, where relevant, the beneficiaries cncerned, t submit their bservatins. Neither party shall be entitled t claim cmpensatin n accunt f a terminatin by the ther party. ARTICLE II.17 ADMINISTRATIVE AND FINANCIAL PENALTIES II.17.1 By virtue f Articles 109 and 131(4) Regulatin (EU, EURATOM) N 966/2012 f the Eurpean Parliament and f the Cuncil f 25 Octber 2012 n the financial rules applicable t the general budget f the Unin and with due regard t the principle f prprtinality, a beneficiary which has cmmitted substantial errrs, irregularities r fraud, has made false declaratins in supplying required infrmatin r has failed t supply such infrmatin at the mment f the submissin f the applicatin r during the implementatin f the grant, r has been fund in serius breach f its bligatins under the Agreement shall be liable t: (a) (b) administrative penalties cnsisting f exclusin frm all cntracts and grants financed by the Unin budget fr a maximum f five years frm the date n which the infringement is established and cnfirmed fllwing a cntradictry prcedure with the beneficiary; and/r financial penalties f 2% t 10% f the value f the cntributin the beneficiary cncerned is entitled t in accrdance with the estimated budget set ut in Annex III. 28

29 Multi beneficiaries mdel agreement In the event f anther infringement within five years fllwing the establishment f the first infringement, the perid f exclusin under pint (a) may be extended t 10 years and the range f the rate referred t in pint (b) may be increased t 4% t 20%. II.17.2 The Agency shall frmally ntify the beneficiary cncerned f any decisin t apply such penalties. The Agency is entitled t publish such decisin under the cnditins and within the limits specified in Article 109(3) f Regulatin (EU, EURATOM) N 966/2012. An actin may be brught against such decisin befre the General Curt f the Eurpean Unin, pursuant t Article 263 Treaty n the Functining f the Eurpean Unin ("TFEU"). ARTICLE II.18 APPLICABLE LAW, SETTLEMENT OF DISPUTES AND ENFORCEABLE DECISION II.18.1 The Agreement is gverned by the applicable Unin law cmplemented, where necessary, by the law f Belgium. II.18.2 Pursuant t Article 272 TFEU, the General Curt r, n appeal, the Curt f Justice f the Eurpean Unin, shall have sle jurisdictin t hear any dispute between the Agency and/r the Unin and any beneficiary cncerning the interpretatin, applicatin r validity f this Agreement, if such dispute cannt be settled amicably. II.18.3 By virtue f Article 299 TFEU, fr the purpses f recveries within the meaning f Article II.26 r financial penalties, the Cmmissin may adpt an enfrceable decisin t impse pecuniary bligatins n persns ther than States. An actin may be brught against such decisin befre the General Curt f the Eurpean Unin pursuant t Article 263 TFEU. 29

30 Multi beneficiaries mdel agreement PART B FINANCIAL PROVISIONS ARTICLE II.19 ELIGIBLE COSTS NOT APPLICABLE ARTICLE II.20 IDENTIFIABILITY AND VERIFIABILITY OF THE AMOUNTS DECLARED II.20.1 Reimbursement f actual csts Where, in accrdance with Article I.3(a)(i), the grant takes the frm f the reimbursement f actual csts, the beneficiary must declare as eligible csts the csts it actually incurred fr the actin. If requested t d s in the cntext f the checks r audits described in Article II.27, the beneficiary must be able t prvide adequate supprting dcuments t prve the csts declared, such as cntracts, invices and accunting recrds. In additin, the beneficiary's usual accunting and internal cntrl prcedures must permit direct recnciliatin f the amunts declared with the amunts recrded in its accunting statements as well as with the amunts indicated in the supprting dcuments. II.20.2 Reimbursement f pre-determined unit csts r pre-determined unit cntributin Where, in accrdance with Article I.3(a)(ii) r (b), the grant takes the frm f the reimbursement f unit csts r f a unit cntributin, the beneficiary must declare as eligible csts r as requested cntributin the amunt btained by multiplying the amunt per unit specified in Article I.3(a)(ii) r (b) by the actual number f units used r prduced. If requested t d s in the cntext f the checks r audits described in Article II.27, the beneficiary must be able t prvide adequate supprting dcuments t prve the number f units declared. Hwever, the beneficiary des nt need t identify the actual eligible csts cvered r t prvide supprting dcuments, ntably accunting statements, t prve the amunt declared per unit. II.20.3 Reimbursement f pre-determined lump sum csts r pre-determined lump sum cntributin Where, in accrdance with Article I.3(a)(iii) r (c), the grant takes the frm f the reimbursement f lump sum csts r f a lump sum cntributin, the beneficiary must declare as eligible csts r as requested cntributin the glbal amunt specified in Article I.3(a)(iii) r (c), subject t the prper implementatin f the crrespnding tasks r part f the actin as described in Annex I. If requested t d s in the cntext f the checks r audits described in Article II.27, the beneficiary must be able t prvide adequate supprting dcuments t prve the prper implementatin. Hwever, the beneficiary des nt need t identify the actual 30

31 Multi beneficiaries mdel agreement eligible csts cvered r t prvide supprting dcuments, ntably accunting statements, t prve the amunt declared as lump sum. II.20.4 Reimbursement f pre-determined flat-rate csts r pre-determined flat-rate cntributin Where, in accrdance with Article I.3(a)(iv) r (d), the grant takes the frm f the reimbursement f flat-rate csts r f a flat-rate cntributin, the beneficiary must declare as eligible csts r as requested cntributin the amunt btained by applying the flat rate specified in Article I.3(a)(iv) r (d). If requested t d s in the cntext f the checks r audits described in Article II.27, the beneficiary must be able t prvide adequate supprting dcuments t prve the eligible csts r requested cntributin t which the flat rate applies. Hwever, the beneficiary des nt need t identify the actual eligible csts cvered r t prvide supprting dcuments, ntably accunting statements, fr the flat rate applied. II.20.5 Reimbursement f csts declared n the basis f the beneficiary's usual cst accunting practices Where, in accrdance with Article I.3(a)(v), the grant takes the frm f the reimbursement f unit csts declared n the basis f the beneficiary's usual cst accunting practices, the beneficiary must declare as eligible csts the amunt btained by multiplying the amunt per unit calculated in accrdance with its usual cst accunting practices by the actual number f units used r prduced. If requested t d s in the cntext f the checks r audits described in Article II.27, the beneficiary must be able t prvide adequate supprting dcuments t prve the number f units declared. Where, in accrdance with Article I.3(a)(v), the grant takes the frm f the reimbursement f lump sum csts declared n the basis f the beneficiary's usual cst accunting practices, the beneficiary must declare as eligible csts the glbal amunt calculated in accrdance with its usual cst accunting practices, subject t the prper implementatin f the crrespnding tasks r part f the actin. If requested t d s in the cntext f the checks r audits described in Article II.27, the beneficiary must be able t prvide adequate supprting dcuments t prve the prper implementatin. Where, in accrdance with Article I.3(a)(v), the grant takes the frm f the reimbursement f flat-rate csts declared n the basis f the beneficiary's usual cst accunting practices, the beneficiary must declare as eligible csts the amunt btained by applying the flat rate calculated in accrdance with its usual cst accunting practices. If requested t d s in the cntext f the checks r audits described in Article II.27, the beneficiary must be able t prvide adequate supprting dcuments t prve the eligible csts t which the flat rate applies. In all three cases prvided fr in the first, secnd and third subparagraphs, the beneficiary des nt need t identify the actual eligible csts cvered, but it must ensure that the cst accunting practices used fr the purpse f declaring eligible csts are in cmpliance with the fllwing cnditins: 31

32 Multi beneficiaries mdel agreement (a) (b) (c) the cst accunting practices used cnstitute its usual cst accunting practices and are applied in a cnsistent manner, based n bjective criteria independent frm the surce f funding; the csts declared can be directly recnciled with the amunts recrded in its general accunts; and the categries f csts used fr the purpse f determining the csts declared are exclusive f any ineligible cst r csts cvered by ther frms f grant in accrdance with Article I.3. Where the Special Cnditins prvide fr the pssibility fr the beneficiary t request the Agency t assess the cmpliance f its usual cst accunting practices, the beneficiary may submit a request fr assessment, which, where required by the Special Cnditins, shall be accmpanied by a certificate n the cmpliance f the cst accunting practices ( certificate n the cmpliance f the cst accunting practices ). The certificate n the cmpliance f the cst accunting practices shall be prduced by an apprved auditr r, in case f public bdies, by a cmpetent and independent public fficer. The certificate shall certify that the beneficiary's cst accunting practices used fr the purpse f declaring eligible csts cmply with the cnditins laid dwn in the furth subparagraph and with the additinal cnditins which may be laid dwn in the Special Cnditins. Where the Agency has cnfirmed that the usual cst accunting practices f the beneficiary are in cmpliance, csts declared in applicatin f these practices shall nt be challenged ex pst, prvided that the practices actually used cmply with thse apprved by the Agency and that the beneficiary did nt cnceal any infrmatin fr the purpse f their apprval. ARTICLE II.21 ELIGIBILITY OF COSTS OF ENTITIES AFFILIATED TO THE BENEFICIARIES Where the Special Cnditins cntain a prvisin n entities affiliated t the beneficiaries, csts incurred by such an entity are eligible, prvided that they satisfy the same cnditins under Articles II.19 and II.20 as apply t the beneficiary, and that the beneficiary the entity is affiliated t ensures that the cnditins applicable t him under Articles II.3, II.4, II.5, II.7, II.9, II.10 and II.27 are als applicable t the entity. ARTICLE II.22 BUDGET TRANSFERS NOT APPLICABLE ARTICLE II.23 TECHNICAL AND FINANCIAL REPORTING REQUESTS FOR PAYMENT AND SUPPORTING DOCUMENTS 32

33 Multi beneficiaries mdel agreement II.23.1 Requests fr further pre-financing payments and supprting dcuments Where, in accrdance with Article I.4.1, the pre-financing shall be paid in several instalments and where Article I.4.1 prvides fr a further pre-financing payment subject t having used all r part f the previus instalment, the crdinatr may submit a request fr a further prefinancing payment nce the percentage f the previus instalment specified in Article I.4.1 has been used. Where, in accrdance with Article I.4.1, the pre-financing shall be paid in several instalments and where Article I.4.1 prvides fr a further pre-financing payment at the end f a reprting perid, the crdinatr shall submit a request fr a further pre-financing payment within 60 days fllwing the end f each reprting perid fr which a new pre-financing payment is due. In bth cases, the request shall be accmpanied by the fllwing dcuments: (a) (b) (c) a prgress reprt n implementatin f the actin ( technical reprt n prgress ); a statement n the amunt f the previus pre-financing instalment used t cver csts f the actin ( statement n the use f the previus pre-financing instalment ), drawn up in accrdance with Annex VI; and where required by Article I.4.1, a financial guarantee. II.23.2 Requests fr interim payments r fr payment f the balance and supprting dcuments The crdinatr shall submit a request fr an interim payment r fr payment f the balance within 60 days fllwing the end f each reprting perid fr which, in accrdance with Article I.4.1, an interim payment r the payment f the balance is due. This request shall be accmpanied by the fllwing dcuments: (a) (b) an interim reprt ( interim technical reprt ) r, fr the payment f the balance, a final reprt n implementatin f the actin ( final technical reprt ), drawn up in accrdance with Annex V; the interim r final technical reprt must cntain the infrmatin needed t justify the eligible csts declared r the cntributin requested n the basis f unit csts and lump sums where the grant takes the frm f the reimbursement f unit r lump sum csts r f a unit r lump sum cntributin in accrdance with Article I.3(a)(ii), (iii), (b) r (c), as well as infrmatin n subcntracting as referred t in Article II.10.2(d); an interim financial statement ( interim financial statement ) r, fr the payment f the balance, a final financial statement ( final financial statement ); the interim r final financial statements must include a cnslidated statement as well as a breakdwn f the amunts claimed by each beneficiary and its affiliated entities; they must be drawn up in accrdance with the structure f the estimated budget set ut in Annex III and with Annex VI and detail the amunts fr each f the frms f grant set ut in Article I.3 fr the reprting perid cncerned; 33

34 Multi beneficiaries mdel agreement (c) (d) nly fr the payment f the balance, a summary financial statement ( summary financial statement ); this statement must include a cnslidated financial statement and a breakdwn f the amunts declared r requested by each beneficiary and its affiliated entities, aggregating the financial statements already submitted previusly and indicating the receipts referred t in Article II fr each beneficiary and its affiliated entities; it must be drawn up in accrdance with Annex VI; where required by Article I.4.1 r fr each beneficiary fr which the ttal cntributin in the frm f reimbursement f actual csts as referred t in Article I.3(a)(i) is at least EUR and which requests a reimbursement in that frm f at least EUR (when adding all previus reimbursements in that frm fr which a certificate n the financial statements has nt been submitted), a certificate n the financial statements and underlying accunts ( certificate n the financial statements ); This certificate shall be prduced by an apprved auditr r, in case f public bdies, by a cmpetent and independent public fficer and drawn up in accrdance with Annex VII. It shall certify that the csts declared in the interim r final financial statement by the beneficiary cncerned r its affiliated entities fr the categries f csts reimbursed in accrdance with Article I.3(a)(i) are real, accurately recrded and eligible in accrdance with the Agreement. In additin, fr the payment f the balance, it shall certify that all the receipts referred t in Article II have been declared; and (e) where required by Article I.4.1, an peratinal verificatin reprt ( peratinal verificatin reprt ), prduced by an independent third party apprved by the Agency and drawn up in accrdance with Annex VIII. This reprt shall state that the actual implementatin f the actin as described in the interim r final reprt cmplies with the cnditins set ut in the Agreement. The crdinatr shall certify that the infrmatin prvided in the request fr interim payment r fr payment f the balance is full, reliable and true. It shall als certify that the csts incurred can be cnsidered eligible in accrdance with the Agreement and that the request fr payment is substantiated by adequate supprting dcuments that can be prduced in the cntext f the checks r audits described in Article II.27. In additin, fr the payment f the balance, it shall certify that all the receipts referred t in Article II have been declared. II.23.3 Nn-submissin f dcuments Where the crdinatr has failed t submit a request fr interim payment r payment f the balance accmpanied by the dcuments referred t abve within 60 days fllwing the end f the crrespnding reprting perid and where the crdinatr still fails t submit such a request within 60 days fllwing a written reminder sent by the Agency, the Agency reserves the right t terminate the Agreement in accrdance with Article II (c), with the effects described in the third and the furth subparagraphs f Article II II.23.4 Currency fr requests fr payment and financial statements and cnversin int eur 34

35 Multi beneficiaries mdel agreement Requests fr payment and financial statements shall be drafted in eur. Beneficiaries with general accunts in a currency ther than the eur shall cnvert csts incurred in anther currency int eur at the average f the daily exchange rates published in the C series f Official Jurnal f the Eurpean Unin, determined ver the crrespnding reprting perid. Where n daily eur exchange rate is published in the Official Jurnal f the Eurpean Unin fr the currency in questin, cnversin shall be made at the average f the mnthly accunting rates established by the Cmmissin and published n its website ( determined ver the crrespnding reprting perid. Beneficiaries with general accunts in eur shall cnvert csts incurred in anther currency int eur accrding t their usual accunting practices. ARTICLE II.24 PAYMENTS AND PAYMENT ARRANGEMENTS II.24.1 Pre-financing The pre-financing is intended t prvide the beneficiaries with a flat. Withut prejudice t Articles II.24.5 and II.24.6, where Article I.4.1 prvides fr a prefinancing payment upn entry int frce f the Agreement, the Agency shall pay t the crdinatr within 30 days fllwing that date r, where required by Article I.4.1, fllwing receipt f the financial guarantee. Where payment f pre-financing is cnditinal n receipt f a financial guarantee, the financial guarantee shall fulfill the fllwing cnditins: (a) (b) (c) it is prvided by a bank r an apprved financial institutin r, at the request f the crdinatr and acceptance by the Agency, by a third party; the guarantr stands as first-call guarantr and des nt require the Agency and/r the Cmmissin t have recurse against the principal debtr (i.e. the beneficiary cncerned); and it prvides that it remains in frce until the pre-financing is cleared against interim payments r payment f the balance by the Agency and, in case the payment f the balance is made in the frm f a debit nte, three mnths after the debit nte is ntified t a beneficiary. The Agency shall release the guarantee within the fllwing mnth. II.24.2 Further pre-financing payments Withut prejudice t Articles II.24.5 and II.24.6, n receipt f the dcuments referred t in Article II.23.1, the Agency shall pay t the crdinatr the new pre-financing instalment within 60 days. Where the statement n the use f the previus pre-financing instalment submitted in accrdance with Article II.23.1 shws that less than 70% f the previus pre-financing 35

36 Multi beneficiaries mdel agreement instalment paid has been used t cver csts f the actin, the amunt f the new prefinancing t be paid shall be reduced by the difference between the 70% threshld and the amunt used. II.24.3 Interim payments Interim payments are intended t reimburse r cver the eligible csts incurred fr the implementatin f the actin during the crrespnding reprting perids. Withut prejudice t Articles II.24.5 and II.24.6, n receipt f the dcuments referred t in Article II.23.2, the Agency shall pay t the crdinatr the amunt due as interim payment within the time limit specified in Article I.4.2. This amunt shall be determined fllwing apprval f the request fr interim payment and f the accmpanying dcuments and in accrdance with the furth, fifth and sixth subparagraphs. Apprval f the request fr interim payment and f the accmpanying dcuments shall nt imply recgnitin f the regularity r f the authenticity, cmpleteness and crrectness f the declaratins and infrmatin it cntains. Withut prejudice t any ceiling set ut in Article I.4.1 and t Articles II.24.5 and II.24.6, the amunt due as interim payment shall be determined as fllws: (a) (b) (c) (d) where, in accrdance with Article I.3(a), the grant takes the frm f the reimbursement f eligible csts, the amunt btained by applicatin f the reimbursement rate specified in that Article t the eligible csts f the actin apprved by the Agency fr the cncerned reprting perid and the crrespnding categries f csts, beneficiaries and affiliated entities; if Article I.4.1 specifies anther reimbursement rate, this ther rate shall be applied instead; where, in accrdance with Article I.3(b), the grant takes the frm f a unit cntributin, the amunt btained by multiplying the unit cntributin specified in that Article by the actual number f units apprved by the Agency fr the cncerned reprting perid and fr the crrespnding beneficiaries and affiliated entities; where, in accrdance with Article I.3(c), the grant takes the frm f a lump sum cntributin, the lump sum specified in that Article fr the crrespnding beneficiaries and affiliated entities, subject t apprval by the Agency f the prper implementatin during the cncerned reprting perid f the crrespnding tasks r part f the actin in accrdance with Annex I; where, in accrdance with Article I.3(d), the grant takes the frm f a flat-rate cntributin, the amunt btained by applying the flat rate referred t in that Article t the eligible csts r t the cntributin accepted by the Agency fr the cncerned reprting perid and the crrespnding beneficiaries and affiliated entities. Where Article I.3 prvides fr a cmbinatin f different frms f grant, these amunts shall be added. 36

37 Multi beneficiaries mdel agreement Where Article I.4.1 requires that the interim payment clears all r part f the pre-financing paid t the beneficiaries, the amunt f pre-financing t be cleared shall be deducted frm the amunt due as interim payment, as determined in accrdance with the furth and fifth subparagraphs. II.24.4 Payment f the balance The payment f the balance, which may nt be repeated, is intended t reimburse r cver after the end f the perid set ut in Article I.2.2 the remaining part f the eligible csts incurred by the beneficiaries fr its implementatin. Where the ttal amunt f earlier payments is greater than the final amunt f the grant determined in accrdance with Article II.25, the payment f the balance may take the frm f a recvery as prvided fr by Article II.26. Withut prejudice t Articles II.24.5 and II.24.6, n receipt f the dcuments referred t in Article II.23.2, the Agency shall pay the amunt due as the balance within the time limit specified in Article I.4.2. This amunt shall be determined fllwing apprval f the request fr payment f the balance and f the accmpanying dcuments and in accrdance with the furth subparagraph. Apprval f the request fr payment f the balance and f the accmpanying dcuments shall nt imply recgnitin f the regularity r f the authenticity, cmpleteness and crrectness f the declaratins and infrmatin it cntains. The amunt due as the balance shall be determined by deducting, frm the final amunt f the grant determined in accrdance with Article II.25, the ttal amunt f pre-financing and interim payments already made. II.24.5 Suspensin f the time limit fr payment The Agency may suspend the time limit fr payment specified in Articles I.4.2 and II.24.2 at any time by frmally ntifying the crdinatr that its request fr payment cannt be met, either because it des nt cmply with the prvisins f the Agreement, r because the apprpriate supprting dcuments have nt been prduced, r because there is dubt abut the eligibility f the csts declared in the financial statement. The crdinatr shall be ntified as sn as pssible f any such suspensin, tgether with the reasns theref. Suspensin shall take effect n the date when ntificatin is sent by the Agency. The remaining payment perid shall start t run again frm the date n which the requested infrmatin r revised dcuments are received r the necessary further verificatin, including n-the-spt checks, is carried ut. Where the suspensin exceeds tw mnths, the crdinatr may request a decisin by the Agency n whether the suspensin is t be cntinued. Where the time limit fr payment has been suspended fllwing the rejectin f ne f the technical reprts r financial statements prvided fr by Article II.23 and the new reprt r 37

38 Multi beneficiaries mdel agreement statement submitted is als rejected, the Agency reserves the right t terminate the Agreement in accrdance with Article II (c), with the effects described in Article II II.24.6 Suspensin f payments The Agency may, at any time during the implementatin f the Agreement, suspend the prefinancing payments, interim payments r payment f the balance fr all beneficiaries, r suspend the pre-financing payments r interim payments fr any ne r several beneficiaries: (a) if the Agency has evidence that a beneficiary has cmmitted substantial errrs, irregularities r fraud in the award prcedure r in the implementatin f the grant, r if a beneficiary fails t cmply with its bligatins under the Agreement; (b) (c) if the Agency has evidence that a beneficiary has cmmitted systemic r recurrent errrs, irregularities, fraud r breach f bligatins under ther grants funded by the Unin r by the Eurpean Atmic Energy Cmmunity which were awarded t that beneficiary under similar cnditins, prvided that thse errrs, irregularities, fraud r breach f bligatins have a material impact n this grant; r if the Agency suspects substantial errrs, irregularities, fraud r breach f bligatins cmmitted by a beneficiary in the award prcedure r in the implementatin f the Agreement and needs t verify whether they have actually ccurred. Befre suspending payments, the Agency shall frmally ntify the crdinatr f its intentin t suspend payments, specifying the reasns theref and, in the cases referred t in pints (a) and (b) f the first subparagraph, the necessary cnditins fr resuming payments. The crdinatr shall be invited t make any bservatins n behalf f all beneficiaries within 30 calendar days frm receipt f this ntificatin. If, after examinatin f the bservatins submitted by the crdinatr, the Agency decides t stp the prcedure f payment suspensin, the Agency shall frmally ntify the crdinatr theref. If n bservatins have been submitted r if, despite the bservatins submitted by the crdinatr, the Agency decides t pursue the prcedure f payment suspensin, it may suspend payments by frmally ntifying the crdinatr, specifying the reasns fr the suspensin and, in the cases referred t in pints (a) and (b) f the first subparagraph, the definitive cnditins fr resuming payments r, in the case referred t in pint (c) f the first subparagraph, the indicative date f cmpletin f the necessary verificatin. The crdinatr shall infrm the ther beneficiaries immediately. The suspensin f payments shall take effect n the date when the ntificatin is sent by the Agency. In rder t resume payments, the beneficiaries shall endeavur t meet the ntified cnditins as sn as pssible and shall infrm the Agency f any prgress made in this respect. The Agency shall, as sn as it cnsiders that the cnditins fr resuming payments have been met r the necessary verificatin, including n-the-spt checks, has been carried ut, frmally ntify the crdinatr theref. 38

39 Multi beneficiaries mdel agreement During the perid f suspensin f payments and withut prejudice t the right t suspend the implementatin f the actin in accrdance with Article II.15.1 r t terminate the Agreement r the participatin f a beneficiary in accrdance with Article II.16.1 and Article II.16.2, the crdinatr is nt entitled t submit any requests fr payments and supprting dcuments referred t in Article II.23 r, where the suspensin cncerns the pre-financing payments r interim payments fr ne r several beneficiaries nly, any requests fr payments and supprting dcuments relating t the participatin f the cncerned beneficiary r beneficiaries in the actin. The crrespnding requests fr payments and supprting dcuments may be submitted as sn as pssible after resumptin f payments r may be included in the first request fr payment due fllwing resumptin f payments in accrdance with the schedule laid dwn in Article I.4.1. II.24.7 Ntificatin f amunts due The Agency shall frmally ntify the amunts due, specifying whether it is a further prefinancing payment, an interim payment r the payment f the balance. In the case f payment f the balance, it shall als specify the final amunt f the grant determined in accrdance with Article II.25. II.24.8 Interest n late payment On expiry f the time limits fr payment specified in Articles I.4.2, II.24.1 and II.24.2, and withut prejudice t Articles II.24.5 and II.24.6, the beneficiaries are entitled t interest n late payment at the rate applied by the Eurpean Central Bank fr its main refinancing peratins in eurs ("the reference rate"), plus three and a half pints. The reference rate shall be the rate in frce n the first day f the mnth in which the time limit fr payment expires, as published in the C series f the Official Jurnal f the Eurpean Unin. The first subparagraph shall nt apply where all beneficiaries are Member States f the Unin, including reginal and lcal gvernment authrities and ther public bdies acting in the name and n behalf f the Member State fr the purpse f this Agreement. The suspensin f the time limit fr payment in accrdance with Article II.24.5 r f payment by the Agency in accrdance with Article II.24.6 may nt be cnsidered as late payment. Interest n late payment shall cver the perid running frm the day fllwing the due date fr payment, up t and including the date f actual payment as established in Article II The interest payable shall nt be cnsidered fr the purpses f determining the final amunt f grant within the meaning f Article II By way f dergatin frm the first subparagraph, when the calculated interest is lwer than r equal t EUR 200, it shall be paid t the crdinatr nly upn request submitted within tw mnths f receiving late payment. II.24.9 Currency fr payments Payments by the Agency shall be made in eur. 39

40 Multi beneficiaries mdel agreement II Date f payment Payments by the Agency shall be deemed t be effected n the date when they are debited t the Cmmissin's accunt. II Csts f payment transfers Csts f the payment transfers shall be brne in the fllwing way: (a) (b) (c) csts f transfer charged by the bank f the Agency and/r the Cmmissin shall be brne by the Agency and/r the Cmmissin; csts f transfer charged by the bank f a beneficiary shall be brne by the beneficiary; all csts f repeated transfers caused by ne f the parties shall be brne by the party which caused the repetitin f the transfer. II Payments t the crdinatr Payments t the crdinatr shall discharge the Agency frm its payment bligatin. ARTICLE II.25 DETERMINING THE FINAL AMOUNT OF THE GRANT II.25.1 Calculatin f the final amunt Withut prejudice t Articles II.25.2, II.25.3 and II.25.4, the final amunt f the grant shall be determined as fllws: (a) (b) (c) (d) where, in accrdance with Article I.3(a), the grant takes the frm f the reimbursement f eligible csts, the amunt btained by applicatin f the reimbursement rate specified in that Article t the eligible csts f the actin apprved by the Agency fr the crrespnding categries f csts, beneficiaries and affiliated entities; where, in accrdance with Article I.3(b), the grant takes the frm f a unit cntributin, the amunt btained by multiplying the unit cntributin specified that Article by the actual number f units apprved by the Agency fr the crrespnding beneficiaries and affiliated entities; where, in accrdance with Article I.3(c), the grant takes the frm f a lump sum cntributin, the lump sum specified in that Article fr the crrespnding beneficiaries and affiliated entities, subject t apprval by the Agency f the prper implementatin f the crrespnding tasks r part f the actin in accrdance with Annex I; where, in accrdance with Article I.3(d), the grant takes the frm f a flat-rate cntributin, the amunt btained by applying the flat rate referred t in that Article t the eligible csts r t the cntributin accepted by the Agency fr the crrespnding beneficiaries and affiliated entities. 40

41 Multi beneficiaries mdel agreement Where Article I.3 prvides fr a cmbinatin f different frms f grant, these amunts shall be added. II.25.2 Maximum amunt The ttal amunt paid t the beneficiaries by the Agency may in n circumstances exceed the maximum amunt specified in Article I.3. Where the amunt determined in accrdance with Article II.25.1 exceeds this maximum amunt, the final amunt f the grant shall be limited t the maximum amunt specified in Article I.3. II.25.3 N-prfit rule and taking int accunt f receipts II II The grant may nt prduce a prfit fr the beneficiaries, unless specified therwise in the Special Cnditins. "Prfit" shall mean a surplus f the receipts ver the eligible csts f the actin. The receipts t be taken int accunt are the cnslidated receipts established, generated r cnfirmed n the date n which the request fr payment f the balance is drawn up by the crdinatr, which fall within ne f the fllwing tw categries: (a) (b) incme generated by the actin; r financial cntributins specifically assigned by the dnrs t the financing f the eligible csts f the actin reimbursed by the Agency in accrdance with Article I.3(a)(i). II The fllwing shall nt be cnsidered as receipts t be taken int accunt fr the purpse f verifying whether the grant prduces a prfit fr the beneficiaries: (a) (b) financial cntributins referred t in pint (b) f Article II , which may be used by the beneficiaries t cver csts ther than the eligible csts under the Agreement; financial cntributins referred t in pint (b) f Article II , the unused part f which is nt due t the dnrs at the end f the perid set ut in Article I.2.2. II II The eligible csts t be taken int accunt are the cnslidated eligible csts apprved by the Agency fr the categries f csts reimbursed in accrdance with Article I.3(a). Where the final amunt f the grant determined in accrdance with Articles II.25.1 and II.25.2 wuld result in a prfit fr the beneficiaries, the prfit shall be deducted in prprtin t the final rate f reimbursement f the actual eligible csts f the actin apprved by the Agency fr the categries f csts referred t 41

42 Multi beneficiaries mdel agreement in Article I.3(a)(i). This final rate shall be calculated n the basis f the final amunt f the grant in the frm referred t in Article I.3(a)(i), as determined in accrdance with Articles II.25.1 and II II.25.4 Reductin fr pr, partial r late implementatin Withut prejudice t the right t terminate the Agreement referred t in Article II.16 and withut prejudice t the right f the Agency t apply penalties referred t in Article II.17, if the actin is nt implemented r is implemented prly, partially r late, the Agency may reduce the grant initially prvided fr, in line with the actual implementatin f the actin accrding t the terms laid dwn in the Agreement. ARTICLE II.26 RECOVERY II.26.1 Recvery at the time f payment f the balance Where the payment f the balance takes the frm f a recvery, the crdinatr shall repay the Agency the amunt in questin, even if it has nt been the final recipient f the amunt due. II.26.2 Recvery after payment f the balance Where an amunt is t be recvered in accrdance with Articles II.27.6, II.27.7 and II.27.8, the beneficiary cncerned by the audit r OLAF findings shall repay the Agency the amunt in questin. Where the audit findings d nt cncern a specific beneficiary, the crdinatr shall repay the Agency the amunt in questin, even if it has nt been the final recipient f the amunt due. Each beneficiary shall be respnsible fr the repayment f any amunt unduly paid by the Agency as a cntributin twards the csts incurred by its affiliated entities. II.26.3 Recvery prcedure Befre recvery, the Agency shall frmally ntify the beneficiary cncerned f its intentin t recver the amunt unduly paid, specifying the amunt due and the reasns fr recvery and inviting the beneficiary t make any bservatins within a specified perid. If n bservatins have been submitted r if, despite the bservatins submitted by the beneficiary, the Agency decides t pursue the recvery prcedure, the Agency may cnfirm recvery by frmally ntifying t the beneficiary a debit nte ( debit nte ), specifying the terms and the date fr payment. If payment has nt been made by the date specified in the debit nte, the Agency shall recver the amunt due: (a) by ffsetting it against any amunts wed t the beneficiary cncerned by the Unin r the Eurpean Atmic Energy Cmmunity (Euratm) ( ffsetting ); in 42

43 Multi beneficiaries mdel agreement exceptinal circumstances, justified by the necessity t safeguard the financial interests f the Unin, the Agency may recver by ffsetting befre the due date; the beneficiary s prir cnsent shall nt be required; an actin may be brught against such ffsetting befre the General Curt f the Eurpean Unin pursuant t Article 263 TFEU; (b) (c) (d) by drawing n the financial guarantee where prvided fr in accrdance with Article I.4.1 ( drawing n the financial guarantee ); by hlding the beneficiaries jintly and severally liable up t the value f the cntributin that the beneficiary held liable is entitled t receive. This cntributin shall be that indicated in the estimated budget breakdwn as set ut in Annex III as last amended; by taking legal actin in accrdance with Article II.18.2 r with the Special Cnditins r by adpting an enfrceable decisin in accrdance with Article II Fr the purpses f pint (c) f the third subparagraph, the beneficiaries shall nt be jintly and severally liable fr financial penalties which culd be impsed n any defaulting beneficiary in accrdance with Article II.17. II.26.4 Interest n late payment If payment has nt been made by the date set ut in the debit nte, the amunt due shall bear interest at the rate established in Article II Interest n late payment shall cver the perid running frm the day fllwing the due date fr payment, up t and including the date when the Agency and/r the Cmmissin actually receives payment in full f the utstanding amunt. Any partial payment shall first be apprpriated against charges and interest n late payment and then against the principal. II.26.5 Bank charges Bank charges incurred in cnnectin with the recvery f the sums wed t the Agency and/r the Cmmissin shall be brne by the beneficiary cncerned except where Directive 2007/64/EC f the Eurpean Parliament and f the Cuncil f 13 Nvember 2007 n payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC applies. ARTICLE II.27 CHECKS, AUDITS AND EVALUATION II.27.1 Technical and financial checks, audits, interim and final evaluatins 43

44 Multi beneficiaries mdel agreement The Agency and/r the Cmmissin may carry ut technical and financial checks and audits in relatin t the use f the grant. It may als check the statutry recrds f the beneficiaries fr the purpse f peridic assessments f lump sum, unit cst r flat-rate amunts. Infrmatin and dcuments prvided in the framewrk f checks r audits shall be treated n a cnfidential basis. In additin, the Agency and/r the Cmmissin may carry ut interim r final evaluatin f the impact f the actin measured against the bjective f the Unin prgramme cncerned. Checks, audits r evaluatins made by the Agency and/r the Cmmissin may be carried ut either directly by its wn staff r by any ther utside bdy authrised t d s n its behalf. Such checks, audits r evaluatins may be initiated during the implementatin f the Agreement and fr a perid f five years starting frm the date f payment f the balance. This perid shall be limited t three years in case the maximum amunt specified in Article I.3 is nt mre than EUR The check, audit r evaluatin prcedure shall be deemed t be initiated n the date f receipt f the letter f the Agency r the Cmmissin annuncing it. II.27.2 Duty t keep dcuments The beneficiaries shall keep all riginal dcuments, especially accunting and tax recrds, stred n any apprpriate medium, including digitalised riginals when they are authrised by their respective natinal law and under the cnditins laid dwn therein, fr a perid f five years starting frm the date f payment f the balance. This perid shall be limited t three years if the maximum amunt specified in Article I.3 is nt mre than EUR The perids set ut in the first and secnd subparagraphs shall be lnger if there are n-ging audits, appeals, litigatin r pursuit f claims cncerning the grant, including in the case referred t in Article II In such cases, the beneficiaries shall keep the dcuments until such audits, appeals, litigatin r pursuit f claims are clsed. II.27.3 Obligatin t prvide infrmatin Where a check, audit r evaluatin is initiated befre the payment f the balance, the crdinatr shall prvide any infrmatin, including infrmatin in electrnic frmat, requested by the Agency and/r Cmmissin r by any ther utside bdy authrised by it. Where apprpriate, the Agency and/r the Cmmissin may request such infrmatin t be prvided directly by a beneficiary. Where a check r audit is initiated after payment f the balance, such infrmatin shall be prvided by the beneficiary cncerned. In case the beneficiary cncerned des nt cmply with the bligatins set ut in the first and secnd subparagraphs, the Agency and/r the Cmmissin may cnsider: 44

45 Multi beneficiaries mdel agreement (a) (b) any cst insufficiently substantiated by infrmatin prvided by the beneficiary as ineligible; any unit, lump sum r flat-rate cntributin insufficiently substantiated by infrmatin prvided by the beneficiary as undue. II.27.4 On-the-spt visits During an n-the-spt visit, the beneficiaries shall allw Agency and/r Cmmissin staff and utside persnnel authrised by the Agency and/r by the Cmmissin t have access t the sites and premises where the actin is r was carried ut, and t all the necessary infrmatin, including infrmatin in electrnic frmat. They shall ensure that the infrmatin is readily available at the mment f the n-the-spt visit and that infrmatin requested is handed ver in an apprpriate frm. In case the beneficiary cncerned refuses t prvide access t the sites, premises and infrmatin in accrdance with the first and secnd subparagraphs, the Agency and/r the Cmmissin may cnsider: (a) (b) any cst insufficiently substantiated by infrmatin prvided by the beneficiary as ineligible; any unit, lump sum r flat-rate cntributin insufficiently substantiated by infrmatin prvided by the beneficiary as undue. II.27.5 Cntradictry audit prcedure On the basis f the findings made during the audit, a prvisinal reprt ( draft audit reprt ) shall be drawn up. It shall be sent by the Agency and/r the Cmmissin r its authrised representative t the beneficiary cncerned, which shall have 30 days frm the date f receipt t submit bservatins. The final reprt ( final audit reprt ) shall be sent t the beneficiary cncerned within 90 days f expiry f the time limit fr submissin f bservatins, unless the bservatins submitted by the beneficiary lead t further audit wrk, checks r discussins by the Agency and/r the Cmmissin r its authrised representative. II.27.6 Effects f audit findings On the basis f the final audit findings, the Agency and/r the Cmmissin may take the measures which it cnsiders necessary, including recvery at the time f payment f the balance r after payment f the balance f all r part f the payments made by it, in accrdance with Article II.26. In the case f final audit findings made after the payment f the balance, the amunt t be recvered shall crrespnd t the difference between the revised final amunt f the grant, determined in accrdance with Article II.25, and the ttal amunt paid t the beneficiaries under the Agreement fr the implementatin f the actin. 45

46 Multi beneficiaries mdel agreement II.27.7 Crrectin f systemic r recurrent errrs, irregularities, fraud r breach f bligatins II The Agency and/r the Cmmissin may take all measures which it cnsiders necessary, including recvery at the time f payment f the balance r after payment f the balance f all r part f the payments made by it under the Agreement, in accrdance with Article II.26, where the fllwing cnditins are fulfilled: (a) (b) the beneficiary is fund, n the basis f an audit f ther grants awarded t it under similar cnditins, t have cmmitted systemic r recurrent errrs, irregularities, fraud r breach f bligatins that have a material impact n this grant; and the final audit reprt cntaining the findings f the systemic r recurrent errrs, irregularities, fraud r breach f bligatins is received by the beneficiary within the perid referred t in Article II II The Agency and/r the Cmmissin shall determine the amunt t be crrected under the Agreement: (a) wherever pssible and practicable, n the basis f csts unduly declared as eligible under the Agreement. Fr that purpse, the beneficiary cncerned shall revise the financial statements submitted under the Agreement taking accunt f the findings and resubmit them t the Agency and/r the Cmmissin within 60 days frm the date f receipt f the final audit reprt cntaining the findings f the systemic r recurrent errrs, irregularities, fraud r breach f bligatins. In the case f systemic r recurrent errrs, irregularities, fraud r breach f bligatins fund after the payment f the balance, the amunt t be recvered shall crrespnd t the difference between the revised final amunt f the grant, determined in accrdance with Article II.25 n the basis f the revised eligible csts declared by the beneficiary and apprved by the Agency and/r by the Cmmissin, and the ttal amunt paid t the beneficiaries under the Agreement fr the implementatin f the actin; (b) where it is nt pssible r practicable t quantify precisely the amunt f ineligible csts under the Agreement, by extraplating the crrectin rate applied t the eligible csts fr the grants fr which the systemic r recurrent errrs r irregularities have been fund. The Agency and/r the Cmmissin shall frmally ntify the extraplatin methd t be applied t the beneficiary cncerned, which shall have 60 days frm the date f receipt f the ntificatin t submit bservatins and t prpse a duly substantiated alternative methd. 46

47 Multi beneficiaries mdel agreement If the Agency and/r the Cmmissin accepts the alternative methd prpsed by the beneficiary, it shall frmally ntify the beneficiary cncerned theref and determine the revised eligible csts by applying the accepted alternative methd. If n bservatins have been submitted r if the Agency and/r the Cmmissin des nt accept the bservatins r the alternative methd prpsed by the beneficiary, the Agency and /r the Cmmissin shall frmally ntify the beneficiary cncerned theref and determine the revised eligible csts by applying the extraplatin methd initially ntified t the beneficiary. In the case f systemic r recurrent errrs, irregularities, fraud r breach f bligatins fund after the payment f the balance, the amunt t be recvered shall crrespnd t the difference between the revised final amunt f the grant, determined in accrdance with Article II.25 n the basis f the revised eligible csts after extraplatin, and the ttal amunt paid t the beneficiaries under the Agreement fr the implementatin f the actin; r (c) where ineligible csts cannt serve as a basis fr determining the amunt t be crrected, by applying a flat rate crrectin t the maximum amunt f the grant specified in Article I.3 r part theref, having regard t the principle f prprtinality. The Agency and/r the Cmmissin shall frmally ntify the flat rate t be applied t the beneficiary cncerned, which shall have 60 days frm the date f receipt f the ntificatin t submit bservatins and t prpse a duly substantiated alternative flat rate. If the Agency and/r the Cmmissin accepts the alternative flat rate prpsed by the beneficiary, it shall frmally ntify the beneficiary cncerned theref and crrect the grant amunt by applying the accepted alternative flat rate. If n bservatins have been submitted r if the Agency and/r the Cmmissin des nt accept the bservatins r the alternative flat rate prpsed by the beneficiary, the Agency and/r the Cmmissin shall frmally ntify the beneficiary cncerned theref and crrect the grant amunt by applying the flat rate initially ntified t the beneficiary. In the case f systemic r recurrent errrs, irregularities, fraud r breach f bligatins fund after the payment f the balance, the amunt t be recvered shall crrespnd t the difference between the revised final amunt f the grant after flat-rate crrectin and the ttal amunt paid t the beneficiaries under the Agreement fr the implementatin f the actin. II.27.8 Checks and inspectins by OLAF 47

48 Multi beneficiaries mdel agreement The Eurpean Anti-Fraud Office (OLAF) shall have the same rights as the Agency and the Cmmissin, ntably right f access, fr the purpse f checks and investigatins. By virtue f Cuncil Regulatin (Euratm, EC) N 2185/96 f 11 Nvember 1996 cncerning n-the-spt checks and inspectins carried ut by the Cmmissin in rder t prtect the Eurpean Cmmunities' financial interests against fraud and ther irregularities and Regulatin (EU, EURATOM) N 883/2013 f the Eurpean Parliament and the Cuncil f 11 September 2013 cncerning investigatins cnducted by the Eurpean Anti-Fraud Office (OLAF), OLAF may als carry ut n-the-spt checks and inspectins in accrdance with the prcedures laid dwn by Unin law fr the prtectin f the financial interests f the Unin against fraud and ther irregularities. Where apprpriate, OLAF findings may lead t recvery by the Agency and/r the Cmmissin. II.27.9 Checks and audits by the Eurpean Curt f Auditrs The Eurpean Curt f Auditrs shall have the same rights as the Agency and the Cmmissin, ntably right f access, fr the purpse f checks and audits. 48

49 Multi beneficiaries mdel agreement ANNEX III ESTIMATED BUDGET OF THE ACTION 49

50 Multi beneficiaries mdel agreement ANNEX IV LIST OF BENEFICIARIES AND MANDATES PROVIDED TO THE COORDINATOR BY THE OTHER BENEFICIARIES XXXXXXXX XXXXXXXX, XXXXXXXX (1) XXXXXXXX XXXXXXXX, XXXXXXXX (2) XXXXXXXX XXXXXXXX, XXXXXXXX (3) XXXXXXXX XXXXXXXX, XXXXXXXX (4) XXXXXXXX XXXXXXXX, XXXXXXXX (5) 50

51 Multi beneficiaries mdel agreement ANNEX V MODEL TECHNICAL REPORT The templates f technical reprts t be used are available nline at the fllwing address: 51

52 Multi beneficiaries mdel agreement ANNEX VI MODEL FINANCIAL STATEMENT The templates f financial statements t be used are available nline at the fllwing address: 52

53 Multi beneficiaries mdel agreement ANNEX VII MODEL TERMS OF REFERENCE FOR THE CERTIFICATE ON THE FINANCIAL STATEMENTS AND UNDERLYING ACCOUNTS [NOT APPLICABLE] 53

54 Multi beneficiaries mdel agreement ANNEX VIII MODEL TERMS OF REFERENCE FOR THE OPERATIONAL VERIFICATION REPORT [NOT APPLICABLE] 54

55 Multi beneficiaries mdel agreement ANNEX IX MINIMUM REQUIREMENTS FOR THE HEALTH AND ACCIDENT INSURANCE COVERAGE OF EMJMD STUDENTS The dcument is available nline at the fllwing address: 55

56 MINIMUM REQUIREMENTS FOR THE HEALTH AND ACCIDENT INSURANCE COVERAGE OF EMJMD STUDENTS The purpse f this annex is t set the minimum required level f the bligatry insurance cverage fr eligible student candidates wh have received a Eurpean Unin grant t study in an Erasmus Mundus Jint Master Degree (EMJMD) curse. In the cntext f this dcument candidates t receive the bligatry insurance cverage by the cnsrtium/partnership are: EMJMD student schlarship hlders Cnsrtia shuld ensure in their cntractual relatins with the insurance cmpanies that the family member(s) f the insured schlarship hlder (grantee) culd sign the same insurance cverage withut any restrictins related t the age f the family member, making clear that such an extensin f cverage will be at the cst f the insured. Candidates fr whm insurance cverage prvided by the cnsrtium/partnership is nt bligatry are: EMJMD schlars / guest lecturers Cver must take effect by the time the EMJMD schlarship hlder starts its jurney t participate in the Master curse (maximum tw mnths prir t the start f the specific EMJMD intake t which the grantee is enrlled) and must be valid until tw mnths after the end 1 f the same intake, unless there is a prir end t the EMJMD grantee status 2. Each cnsrtium shall be respnsible fr the respect f any lcal legislatin as far as insurance is cncerned, such as - fr example - the cmpulsry affiliatin t a mutual insurance cmpany. Results t be btained: The insurer must prvide high-quality insurance services t cver EMJMD student schlarship hlders in relatin t certain risks such as illness, accident, death, permanent disability, third-party liability etc. High quality services, amng thers, are fr example a call-centre accessible 24h/24h with peratrs speaking English, French, German and Spanish during at least 80% f the time (with lcal assistance back up available 24h/24h if needed), availability f the specific insurance cards (indicating the name f the insured persn) within maximum 10 days, etc. The cver must autmatically be prvided by the cnsrtium/partnership's chsen insurer t all EMJMD student schlarship hlders fr their mandatry as well as nn-mandatry (if relevant) mbility study perids in bth Prgramme and Partner cuntries. The cver must include all wrldwide travel required fr the participatin in the EMJMD. 1 2 "The end" is understd as the last fficial activity in the cntext f the intake; this is usually the graduatin ceremny. Change in status is cnsidered t be taking up an activity ther than that fr which the grant has been awarded. 1 P a g e

57 Reasns fr travel may be: departure t the destinatin where the actin will take place; travel between the participating Higher Educatin Institutins (HEIs); return trip hme fllwing cmpletin f the actin r during the academic breaks within the specific eligibility perid f the actin; preparatry meetings; mid-term evaluatin meetings; final evaluatin meeting; curses, cnferences, seminars, research, cultural and intercultural sessins. In the event f a return trip hme during the perid cvered by the EMJMD schlarship the participant shall als receive cver fr medical csts and urgent dental care. This cverage must be guaranteed fr perids up t 4 weeks. The insurance cntract must cver all the risks set ut in pints A t G belw: A. Cnditins that must apply Nn deductible Nn-permanent and nn-chrnic mental disrders will nt be accepted as exclusins B. Sickness/pregnancy and childbirth/accident This must cver ut-patient and hspital expenses as a result f sickness, pregnancy, childbirth r accidents arising during the perid f cver. It must make prvisin fr direct payment f all hspitalisatin csts. 100% cver must be prvided in respect f: Dctrs' fees Medicines, examinatins and analyses prescribed by a physician Urgent dental care fllwing an accident 3 All hspital expenses and surgical fees (including advances n hspital expenses) Repatriatin in the event f serius illness r accident Cver must be ttal in respect f these services. Pregnancies at stage less than 6 mnths, at the mment f departure frm the hme cuntry t participate in the actin, shall nt be excluded frm cver. C. Death Cver must be prvided arund the clck and must include death during the perid f cver fllwing accident, whether r nt it is attributable t the trans-natinal EMJMD activity. Cver in the event f death must include, in all cases, even suicide: Transprt f the mrtal remains t the place chsen by the deceased's family Funeral and laying-ut csts The cst f the cffin D. Permanent invalidity Eligible candidates must have rund-the-clck cver against partial r full disability f a permanent nature resulting frm an accident. The cver must nt be restricted t a disability directly attributable t the perfrmance f the trans-natinal EMJMD activity. 3 Fr urgent dental care withut accident the amunt cvered must be up t a minimum f 250 EUR per year 2 P a g e

58 E. Third-party liability Eligible candidates must have rund-the-clck cver against financial cnsequences f third party liability, by virtue f the legislatin r case-law f the hst cuntry, ccasined by physical r material damage t third parties. In all cases, this cver must extend t the eligible candidates' hst HEIs where the eligible candidate's actin may devlve third-party liability t them. F. Theft and lss f dcuments Eligible candidates must be insured against the risk f theft and lss f the fllwing dcuments: Identificatin dcuments (e.g. identity card, passprt, etc.) Travel tickets G. Supplementary assistance services Supplementary assistance services may be ffered separately, prvided that they cmply with the minimum cnditins set ut in the specificatins. Examples f such services are: Travel expenses fr family members in the event f the eligible candidates' death, serius illness r serius accident Early return in the event f a serius illness r accident affecting a clse family member, etc. 3 P a g e

59 Multi beneficiaries mdel agreement ANNEX X MINIMUM REQUIREMENTS AND RECOMMENDATIONS FOR STUDENT SELECTION & SCHOLARSHIP MANAGEMENT The dcument is available nline at the fllwing address: 56

60 MINIMUM REQUIREMENTS AND RECOMMENDATIONS FOR STUDENT SELECTION & SCHOLARSHIP MANAGEMENT This annex describes the basic elements and minimum requirements fr the selectin f Erasmus Mundus Jint Master Degrees (EMJMD) students (sectin A), as well as fr the management f EMJMD schlarships (sectin B). It is meant t safeguard the applicatin f the Erasmus+ EMJMD rules as well as prvide supprt and guidance in the actual schlarship management prcess. Sectin A. fcuses n the student selectin prcess, cncerning bth EMJMD schlarship hlders and students admitted t the Master curse withut an EMJMD schlarship. It presents a set f minimum requirements t be fllwed during this prcess as well as guidance n hw best t manage the mst crucial parts f the prcess. Sectin B. prvides infrmatin and guidance n hw t prceed during the EMJMD schlarship applicatin prcess, and hw t manage the EMJMD schlarship attributin and mnitring in the EACEA mbility tl (EMT). 1 P a g e