EUROPEAN COMMISSION RESEARCH EXECUTIVE AGENCY (REA) H MODEL GRANT AGREEMENT FOR MARIE SKŁODOWSKA-CURIE INDIVIDUAL FELLOWSHIPS 2 (MSC-IF MONO) - PDF

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EUROPEAN COMMISSION RESEARCH EXECUTIVE AGENCY (REA) Director H MODEL GRANT AGREEMENT FOR MARIE SKŁODOWSKA-CURIE INDIVIDUAL FELLOWSHIPS 2 (MSC-IF MONO) Introductory remark MSC-IF Mono deviates from

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EUROPEAN COMMISSION RESEARCH EXECUTIVE AGENCY (REA) Director H MODEL GRANT AGREEMENT FOR MARIE SKŁODOWSKA-CURIE INDIVIDUAL FELLOWSHIPS 2 (MSC-IF MONO) Introductory remark MSC-IF Mono deviates from the General MGA Mono as follows: Article 3 (notified starting date) Articles 4.2, 8-16, 41.4 and 41.5 (removed as not applicable) Article 5.2 (specific form of costs) Article 5.3 (removal of Step 3 - Reduction due to the no-profit rule ) Article 6 (specific eligibility of costs) Article (reduced to unit costs) Articles 20.3 and 20.4 (specific reporting in case of one or more RP) Article 20.6 (currency for financial statement) Article 25.5 (access rights for the researcher) Articles 27.3, 28.2, 29.2, 29.4 and (added Marie Skłodowska-Curie Actions ) Article 29.6 (Access rights for the researcher) Article 32 (specific obligations) Article ( mainstream media coverage ) Article 49.1 (specific suspension conditions) Article 50.3 (specific termination conditions) Article 55 (specific amendment conditions) Article 56a (portability) Annexes 2 and 4 (specific) Annexes 3, 5 and 6 (not applicable) Footnotes in blue will not appear in the text generated by the IT system for signature (since they are internal instructions only). Text in grey indicates that text which appears in the General MGA (Multi or Mono) is not applicable in this grant agreement. For options [in italics, in square brackets]: the applicable option must be chosen in the IT system. Options not chosen will automatically either not appear or appear as not 1 2 Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon the Framework Programme for Research and Innovation ( ) ( H2020 Framework Programme Regulation No 1291/2013 ) (OJ L 347, p.104). MSC-IF grants fund fellowships to support career development of experienced researchers through transnational mobility. 1 applicable. Options chosen will appear in italics without brackets and without the Option title (to allow beneficiaries to easily spot that a specific rule applies). For fields in [grey in square brackets] (even if they are part of an option as specified in the previous item): enter the appropriate data in the IT system. The IT system will generate a data sheet confirming the options chosen and the data entered. The main changes compared to version 1 of the model grant agreement are as follows: Article 21.2 Pre-financing payment Amount Amount retained for the Guarantee Fund in order to give the possibility to the consortium to receive the pre-financing payment at an earlier date, namely 10 days prior to the starting date of the action. Article Information on EU funding Obligation and right to use the EU emblem in order to ensure more visibility of EU funding for any communication activity related to any infrastructure, equipment used and to major results of a H2020 action. Other minor drafting changes and corrections of clerical mistakes can be viewed in a version with tracked changes. GRANT AGREEMENT NUMBER [insert number] [insert acronym] This Agreement ( the Agreement ) is between the following parties: on the one part, the Research Executive Agency (REA) ( the Agency ), under the powers delegated by the European Commission ( the Commission ), represented for the purposes of signature of this Agreement by [[function, [Directorate-General, Directorate, Unit] [Department]], [forename and surname], 3 and on the other part, the beneficiary : [full official name (short name)][legal form], [official registration No], established in [official address in full], [VAT number], represented for the purposes of signing the Agreement by [function, forename and surname] The parties referred to above have agreed to enter into the Agreement under the terms and conditions below. 3 The person representing the Agency must be an authorising officer (by delegation or sub-delegation) designated in accordance with document of Mise en place de la Charte des ordonnateurs. 2 By signing the Agreement, the beneficiary accepts the grant and agrees to implement it under its responsibility and in accordance with the Agreement, with all the obligations and conditions it sets out. The Agreement is composed of: Terms and Conditions Annex 1 Annex 2 Annex 3 Annex 4 Annex 5 Annex 6 Description of the action Estimated budget for the action Not applicable Model for the financial statements Not applicable Not applicable TERMS AND CONDITIONS TABLE OF CONTENTS CHAPTER 1 GENERAL... 9 ARTICLE 1 SUBJECT OF THE AGREEMENT... 9 CHAPTER 2 ACTION... 9 ARTICLE 2 ACTION TO BE IMPLEMENTED... 9 ARTICLE 3 DURATION AND STARTING DATE OF THE ACTION... 9 ARTICLE 4 ESTIMATED BUDGET AND BUDGET TRANSFERS Estimated budget Budget transfers CHAPTER 3 GRANT ARTICLE 5 GRANT AMOUNT, FORM OF GRANT, REIMBURSEMENT RATES AND FORMS OF COSTS Maximum grant amount Form of grant, reimbursement rate and form of costs Final grant amount Calculation Revised final grant amount Calculation ARTICLE 6 ELIGIBLE AND INELIGIBLE COSTS General conditions for costs to be eligible Specific conditions for costs to be eligible 6.3 Ineligible costs Consequences of declaration of ineligible costs CHAPTER 4 RIGHTS AND OBLIGATIONS OF THE PARTIES SECTION 1 RIGHTS AND OBLIGATIONS RELATED TO IMPLEMENTING THE ACTION ARTICLE 7 GENERAL OBLIGATION TO PROPERLY IMPLEMENT THE ACTION General obligation to properly implement the action Consequences of non-compliance ARTICLE 8 RESOURCES TO IMPLEMENT THE ACTION THIRD PARTIES INVOLVED IN THE ACTION ARTICLE 9 IMPLEMENTATION OF ACTION TASKS BY BENEFICIARIES NOT RECEIVING EU FUNDING ARTICLE 10 PURCHASE OF GOODS, WORKS OR SERVICES ARTICLE 11 USE OF IN-KIND CONTRIBUTIONS PROVIDED BY THIRD PARTIES AGAINST PAYMENT ARTICLE 12 USE OF IN-KIND CONTRIBUTIONS PROVIDED BY THIRD PARTIES FREE OF CHARGE ARTICLE 13 IMPLEMENTATION OF ACTION TASKS BY SUBCONTRACTORS ARTICLE 14 IMPLEMENTATION OF ACTION TASKS BY LINKED THIRD PARTIES ARTICLE 15 FINANCIAL SUPPORT TO THIRD PARTIES ARTICLE 16 PROVISION OF TRANS-NATIONAL OR VIRTUAL ACCESS TO RESEARCH INFRASTRUCTURE SECTION 2 RIGHTS AND OBLIGATIONS RELATED TO THE GRANT ADMINISTRATION 15 ARTICLE 17 GENERAL OBLIGATION TO INFORM General obligation to provide information upon request Obligation to keep information up to date and to inform about events and circumstances likely to affect the Agreement Consequences of non-compliance ARTICLE 18 KEEPING RECORDS SUPPORTING DOCUMENTATION Obligation to keep records and other supporting documentation Consequences of non-compliance ARTICLE 19 SUBMISSION OF DELIVERABLES Obligation to submit deliverables Consequences of non-compliance ARTICLE 20 REPORTING PAYMENT REQUESTS Obligation to submit reports Reporting periods [OPTION for actions with one RP: 20.3 Report Request for payment of the balance [OPTION for actions with several RPs: 20.3 Periodic reports Requests for interim payments [OPTION for action with several RPs: 20.4 Final report Request for payment of the balance Information on cumulative expenditure incurred Currency for financial statements Language of reports Consequences of non-compliance Suspension of the payment deadline Termination. 20 4 ARTICLE 21 PAYMENTS AND PAYMENT ARRANGEMENTS Payments to be made Pre-financing payment Amount Amount retained for the Guarantee Fund Interim payments Amount Calculation Payment of the balance Amount Calculation Release of the amount retained for the Guarantee Fund Notification of amounts due Currency for payments Payments to the beneficiary Bank account for payments Costs of payment transfers Date of payment Consequences of non-compliance ARTICLE 22 CHECKS, REVIEWS, AUDITS AND INVESTIGATIONS EXTENSION OF FINDINGS Checks, reviews and audits by the Agency and the Commission Investigations by the European Anti-Fraud Office (OLAF) Checks and audits by the European Court of Auditors (ECA) Checks, reviews, audits and investigations for international organisations Consequences of findings in checks, reviews, audits and investigations Extension of findings Consequences of non-compliance ARTICLE 23 EVALUATION OF THE IMPACT OF THE ACTION Right to evaluate the impact of the action Consequences of non-compliance SECTION 3 RIGHTS AND OBLIGATIONS RELATED TO BACKGROUND AND RESULTS SUBSECTION 1 GENERAL ARTICLE 23a MANAGEMENT OF INTELLECTUAL PROPERTY a.1 Obligation to take measures to implement the Commission Recommendation on the management of intellectual property in knowledge transfer activities a.2 Consequences of non-compliance SUBSECTION 2 RIGHTS AND OBLIGATIONS RELATED TO BACKGROUND ARTICLE 24 AGREEMENT ON BACKGROUND [OPTION if an option under Article 25.5 applies: 24.1 Agreement on background Consequences of non-compliance ARTICLE 25 ACCESS RIGHTS TO BACKGROUND Exercise of access rights Waiving of access rights No sub-licensing Access rights for other beneficiaries, for implementing their own tasks under the action Access rights for other beneficiaries, for exploiting their own results Access rights for affiliated entities Access rights for the researcher Consequences of non-compliance SUBSECTION 3 RIGHTS AND OBLIGATIONS RELATED TO RESULTS ARTICLE 26 OWNERSHIP OF RESULTS Ownership by the beneficiary that generates the results Joint ownership by several beneficiaries Rights of third parties (including personnel) Agency ownership, to protect results Consequences of non-compliance ARTICLE 27 PROTECTION OF RESULTS VISIBILITY OF EU FUNDING Obligation to protect the results Agency ownership, to protect the results Information on EU funding Consequences of non-compliance ARTICLE 28 EXPLOITATION OF RESULTS Obligation to exploit the results Results that could contribute to European or international standards Information on EU funding Consequences of non-compliance ARTICLE 29 DISSEMINATION OF RESULTS OPEN ACCESS VISIBILITY OF EU FUNDING Obligation to disseminate results Open access to scientific publications Open access to research data Information on EU funding Obligation and right to use the EU emblem Disclaimer excluding Agency responsibility ARTICLE 30 TRANSFER AND LICENSING OF RESULTS Transfer of ownership Granting licences Agency right to object to transfers or licensing Consequences of non-compliance ARTICLE 31 ACCESS RIGHTS TO RESULTS Exercise of access rights Waiving of access rights No sub-licensing Access rights for other beneficiaries, for implementing their own tasks under the action Access rights for other beneficiaries, for exploiting their own results Access rights of affiliated entities Access rights for the EU institutions, bodies, offices or agencies and EU Member States Access rights for the researcher Consequences of non-compliance SECTION 4 OTHER RIGHTS AND OBLIGATIONS ARTICLE 32 RECRUITMENT AND WORKING CONDITIONS FOR THE RECRUITED RESEARCHER Obligations towards the recruited researcher Consequences of non-compliance ARTICLE 33 GENDER EQUALITY Obligation to aim for gender equality Consequences of non-compliance ARTICLE 34 ETHICS Obligation to comply with ethical principles Activities raising ethical issues Activities involving human embryos or human embryonic stem cells Consequences of non-compliance ARTICLE 35 CONFLICT OF INTERESTS Obligation to avoid a conflict of interests Consequences of non-compliance ARTICLE 36 CONFIDENTIALITY General obligation to maintain confidentiality Consequences of non-compliance ARTICLE 37 SECURITY-RELATED OBLIGATIONS Results with a security recommendation Classified results Activities involving dual-use goods or dangerous materials and substances Consequences of non-compliance ARTICLE 38 PROMOTING THE ACTION VISIBILITY OF EU FUNDING Communication activities by the beneficiary Communication activities by the Agency Consequences of non-compliance ARTICLE 39 PROCESSING OF PERSONAL DATA Processing of personal data by the [Agency and the Commission Processing of personal data by the beneficiary Consequences of non-compliance ARTICLE 40 ASSIGNMENTS OF CLAIMS FOR PAYMENT AGAINST THE AGENCY CHAPTER 5 DIVISION OF THE BENEFICIARY S ROLES AND RESPONSIBILITIES RELATIONSHIP WITH COMPLEMENTARY BENEFICIARIES RELATIONSHIP WITH PARTNERS OF A JOINT ACTION ARTICLE 41 DIVISION OF THE BENEFICIARY S ROLES AND RESPONSIBILITIES RELATIONSHIP WITH COMPLEMENTARY BENEFICIARIES RELATIONSHIP WITH PARTNERS OF A JOINT ACTION Role and responsibility towards the Agency Internal division of roles and responsibilities Internal arrangements between beneficiaries Consortium agreement Relationship with complementary beneficiaries Collaboration agreement Relationship with partners of a joint action Coordination agreement CHAPTER 6 REJECTION OF COSTS REDUCTION OF THE GRANT RECOVERY PENALTIES DAMAGES SUSPENSION TERMINATION FORCE MAJEURE SECTION 1 REJECTION OF COSTS REDUCTION OF THE GRANT RECOVERY PENALTIES ARTICLE 42 REJECTION OF INELIGIBLE COSTS Conditions Ineligible costs to be rejected Calculation Procedure Effects ARTICLE 43 REDUCTION OF THE GRANT Conditions Amount to be reduced Calculation Procedure Effects ARTICLE 44 RECOVERY OF UNDUE AMOUNTS Amount to be recovered Calculation Procedure ARTICLE 45 ADMINISTRATIVE AND FINANCIAL PENALTIES Conditions Duration Amount of penalty Calculation Procedure SECTION 2 LIABILITY FOR DAMAGES ARTICLE 46 LIABILITY FOR DAMAGES Liability of the Agency Liability of the beneficiary SECTION 3 SUSPENSION AND TERMINATION ARTICLE 47 SUSPENSION OF PAYMENT DEADLINE Conditions Procedure ARTICLE 48 SUSPENSION OF PAYMENTS Conditions Procedure ARTICLE 49 SUSPENSION OF THE ACTION IMPLEMENTATION Suspension of the action implementation by the beneficiary Suspension of the action implementation, by the Agency ARTICLE 50 TERMINATION OF THE AGREEMENT Termination of the Agreement, by the beneficiary Termination of the participation of one or more beneficiaries, by the beneficiaries Termination of the Agreement, by the Agency SECTION 4 FORCE MAJEURE ARTICLE 51 FORCE MAJEURE CHAPTER 7 FINAL PROVISIONS ARTICLE 52 COMMUNICATION BETWEEN THE PARTIES Form and means of communication Date of communication Addresses for communication ARTICLE 53 INTERPRETATION OF THE AGREEMENT Precedence of the Terms and Conditions over the Annexes 53.2 Privileges and immunities ARTICLE 54 CALCULATION OF PERIODS, DATES AND DEADLINES ARTICLE 55 AMENDMENTS TO THE AGREEMENT Conditions Procedure ARTICLE 56a TRANSFER OF THE AGREEMENT TO A NEW BENEFICIARY a.1 Conditions a.2 Procedure a.3 Effects ARTICLE 57 APPLICABLE LAW AND SETTLEMENT OF DISPUTES Applicable law Dispute settlement ARTICLE 58 ENTRY INTO FORCE OF THE AGREEMENT CHAPTER 1 GENERAL ARTICLE 1 SUBJECT OF THE AGREEMENT This Agreement sets out the rights and obligations and the terms and conditions applicable to the grant awarded to the beneficiary for implementing the action set out in Chapter 2. CHAPTER 2 ACTION ARTICLE 2 ACTION TO BE IMPLEMENTED The grant is awarded for the action entitled [insert title of the action] [insert acronym] ( action ), as described in Annex 1. ARTICLE 3 DURATION AND STARTING DATE OF THE ACTION The duration of the action will be [insert number] months as of [OPTION by default: the first day of the month following the date the Agreement enters into force (see Article 58)][OPTION if needed for the action: the effective starting date notified by the beneficiary, which must be within [insert number] months from the date the Agreement enters into force] [OPTION if needed for the action: [insert date]] 4 ( starting date of the action ). ARTICLE 4 ESTIMATED BUDGET AND BUDGET TRANSFERS 4.1 Estimated budget The estimated budget for the action is set out in Annex 2. 4 Text in italics shows the options of the Model Grant Agreement that are applicable to this Agreement. 9 It contains the estimated eligible costs and the forms of costs, broken down for the beneficiary, by budget category (see Articles 5, 6). 4.2 Budget transfers Not applicable CHAPTER 3 GRANT ARTICLE 5 GRANT AMOUNT, FORM OF GRANT, REIMBURSEMENT RATES AND FORMS OF COSTS 5.1 Maximum grant amount The maximum grant amount is EUR [insert amount (insert amount in words)]. 5.2 Form of grant, reimbursement rate and form of costs The grant reimburses 100 % of the action s eligible costs (see Article 6) ( reimbursement of eligible costs grant ) (see Annex 2). The estimated eligible costs of the action are EUR [insert amount (insert amount in words)] Eligible costs (see Article 6) must be declared under the following form ( form of costs ): (a) for costs for the recruited researcher (living, mobility and family allowances): on the basis of the amount(s) per unit set out in Annex 2 ( unit costs ) and (b) for institutional costs (research, training and networking costs and management and indirect costs): on the basis of the amount per unit set out in Annex 2 (unit costs). 5.3 Final grant amount Calculation The final grant amount depends on the actual extent to which the action is implemented in accordance with the Agreement s terms and conditions. This amount is calculated by the Agency when the payment of the balance is made (see Article 21.4) in the following steps: Step 1 Application of the reimbursement rate to the eligible costs Step 2 Limit to the maximum grant amount Step 3 Reduction due to improper implementation or breach of other obligations Step 1 Application of the reimbursement rate to the eligible costs 10 The reimbursement rate (see Article 5.2) is applied to the eligible costs (unit costs; see Article 6) declared by the beneficiary and approved by the Agency (see Article 21) Step 2 Limit to the maximum grant amount If the amount obtained following Step 1 is higher than the maximum grant amount set out in Article 5.1, it will be limited to the latter Step 3 Reduction due to improper implementation or breach of other obligations Reduced grant amount Calculation If the grant is reduced (see Article 43), the Agency will calculate the reduced maximum grant amount by deducting the amount of the reduction (calculated in proportion to the improper implementation of the action or to the seriousness of the breach of obligations in accordance with Article 43.2) from the grant amount set out in Article 5.1. The final grant amount will be the lower of the following two: - the amount obtained following Steps 1 and 2 or - the reduced grant amount following Step Revised final grant amount Calculation If after the payment of the balance (in particular, after checks, reviews, audits or investigations; see Article 22) the Agency rejects costs (see Article 42) or reduces the grant (see Article 43), it will calculate the revised final grant amount. This amount is calculated by the Agency on the basis of the findings, as follows: - in case of rejection of costs: by applying the reimbursement rate to the revised eligible costs approved by the Agency; - in case of reduction of the grant: in proportion to its improper implementation of the action or to the seriousness of its breach of obligations (see Article 43.2). In case of rejection of costs and reduction of the grant, the revised final grant amount will be the lower of the two amounts above. ARTICLE 6 ELIGIBLE AND INELIGIBLE COSTS 6.1 General conditions for costs to be eligible Unit costs are eligible ( eligible costs ) if: (a) they are calculated as follows: {amounts per unit set out in Annex 2 11 multiplied by the number of actual units}. (b) the number of actual units complies with the following: - the units must be actually used or produced in the period set out in Article 3; - the units must be necessary for implementing the action or produced by it, and - the number of units must be identifiable and verifiable, in particular supported by records and documentation (see Article 18). 6.2 Specific conditions for costs to be eligible Costs are eligible, if they comply with the general conditions (see above) and the specific conditions set out below for each of the following two budget categories: A. Costs for the recruited researcher (A.1 Living allowance, A.2 Mobility allowance and A.3 Family allowance) are eligible, if: (a) the number of units de
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