Megan Richards RTD FP6 Kick Off Meeting Priority 7 and 8 11 November 2004 Sixth Framework Programme MANAGING FP6 CONTRACTS

Megan Richards RTD FP6 Kick Off Meeting Priority 7 and 8 11 November 2004 Core contract standard text (completed with project data) Annex I the “project” (technical tasks - work to be carried out) Annex II general conditions (standard, applicable to every instrument) Annex III instrument specific provisions (variable per instrument) Contract Structure

Megan Richards RTD FP6 Kick Off Meeting Priority 7 and 8 11 November 2004 Supplemented by supplementary information and guidance notes when necessary   Financial (including auditing, cost methodologies)   Negotiation (including technical annex)   Consortium agreement (including IPR)   Project management (including reporting) plus guidelines imposed by Rules for Participation   Guidelines on Evaluation and Selection procedures Guidelines

Megan Richards RTD FP6 Kick Off Meeting Priority 7 and 8 11 November 2004 Regulates internal organisation and management of consortium (Commission is not a party) New - Compulsory unless exempted by the call for proposals Non binding guidelines provided by the Commission (consortium agreement checklist) After or (preferably) before signing the contract - some decisions must be made by the participants before signature of contract (e.g. exclusion of pre-existing know-how) Consortium Agreement

Megan Richards RTD FP6 Kick Off Meeting Priority 7 and 8 11 November 2004 Signature and entry into force: Contractual link of all contractors with the Commission (equal status) New - Contract enters into force upon signature of coordinator and Commission Coordinator must ensure other contractors sign within delays (established in contract) Distribution of advance to other contractors possible after minimum requirements met Project begins on date established in the contract Reporting periods Special clauses Core contract

Megan Richards RTD FP6 Kick Off Meeting Priority 7 and 8 11 November 2004 Technical Responsibility (applicable to all instruments) Financial Responsibility - New Used as a last resort Limited in proportion to the participant’s share to the project, up to the total amount they are entitled to receive Exceptions:   International Organisations, public bodies or entities guaranteed by MS/AS: solely responsible for their own debts   specific actions for SME’s and fellowships and, when duly justified, specific support actions Collective Responsibility of Contractors

Megan Richards RTD FP6 Kick Off Meeting Priority 7 and 8 11 November 2004 New - Cost categories not required Costs must be : actual, economic and necessary for the project incurred during the duration of the project recorded in the accounts (or third parties) follow contractors own accounting rules and must exclude indirect taxes, duties, interests, costs reimbursed in respect of another Community project, and not give rise to profit Audit certificates by external auditor for each partner, each year for IP/NoE for public bodies - competent public officer Costs

Megan Richards RTD FP6 Kick Off Meeting Priority 7 and 8 11 November 2004 Cost reporting models  Full Cost with actual indirect costs (FC)  - eligible direct and indirect costs are charged All legal entities can use the FC model except physical persons  (physical persons participating as individuals use the AC model (some SMEs are technically physical persons but can use the FCF or FC model depending on their accounting capacity)  Full Cost with flat rate for indirect costs (FCF)  - eligible direct costs plus a flat rate of 20% of eligible direct costs (minus costs of sub-contracts) to cover indirect costs are charged  Available to non-commercial or non-profit organisations, international organisations and SMEs  Additional Cost with indirect flat rate costs (AC)  - eligible direct additional costs plus flat rate of 20% of direct additional costs (minus costs of sub-contracts)  Available to non-commercial or non-profit organisations and international organisations that cannot distinguish the share of direct and indirect costs of the project

Megan Richards RTD FP6 Kick Off Meeting Priority 7 and 8 11 November 2004   Periodic advances (pre-financing) yearly for IP and NoE (specified in the contract for other instruments) up to 85% of EC financial contribution for first period plus first 6 months of subsequent period settled when associated with an audit certificate   EC contribution depends on : contractor’s cost model (AC, FC, FCF) type of activity (research, demonstration, management, training, etc) allowed by instrument submission of audit certificate (settled payment) receipts   Distribution depends on consortium’s decisions Payments

Megan Richards RTD FP6 Kick Off Meeting Priority 7 and 8 11 November 2004 INTEGRATED PROJECTS Reimbursement Rates

Megan Richards RTD FP6 Kick Off Meeting Priority 7 and 8 11 November 2004 Maximum Reimbursement Rates

Megan Richards RTD FP6 Kick Off Meeting Priority 7 and 8 11 November 2004 Controls Reports Periodic activity reports (including plan for dissemination and use) Periodic financial reports Supplementary reports if foreseen (in Annex I or III) Audits Scientific, technological, and financial audits New - monitoring by Commission with external experts (annual for IP and NoE) Ethical or other reviews Contractors right to refuse particular expert Audits and Controls

Megan Richards RTD FP6 Kick Off Meeting Priority 7 and 8 11 November 2004 Financial irregularity is grounds for exclusion from evaluation or selection procedure Violation of fundamental ethical principles is grounds for exclusion from evaluation or selection procedure Recovery decisions (Article 256 EC Treaty) Other sanctions in contract (liquidated damages for overclaims) Sanctions

Megan Richards RTD FP6 Kick Off Meeting Priority 7 and 8 11 November 2004Amendments  Art.10 of Core Contract & Art.8 of Annex II  Request in writing  New at the request of the coordinator, deemed to act on behalf of the consortium  New Tacit amendments with implicit agreement of the Commission within 6 weeks only for modification and evolution of the consortium and for technical reports  New in IP/NoE, enlargement of the consortium to new contractors and new activities may be foreseen. This enlargement follows a competitive call launched by the consortium with evaluation of proposals by external experts

Megan Richards RTD FP6 Kick Off Meeting Priority 7 and 8 11 November 2004 Contracts and translations Guide to Amendments of contracts Special clauses and Guide to special clauses Guide to Financial issues Frequently Asked Questions IPR Guide and Guide to Article II.35.1.b Consortium agreement checklist Negotiation documents (CPF/guidance notes) -groups/model- contract/index_en.html -groups/model- contract/index_en.html Model Contract Web site