1. Basic information on the consortium agreement in Horizon 2020
NCP academy training “the consortium agreement in H2020“
Berlin, 25th of January 2017
Nicole Schröder (DLR – PT, legal and finance NCP Germany), partner in the NCP Academy

2. What is a consortium agreement about? Why do we need it?
Why is it important?
Where to find more information and assistance?
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3. What is a Consortium Agreement ?
Internal agreement between the members of the consortium
COM is not a party, has no control or responsibilities
An additional document to the Grant Agreement (GA)
The GA does not contain provisions for all situations of a consortium
Must not be contradictory to the GA!
Beneficiaries must conclude a consortium agreement according to GA art. 41.3
Unless: exceptionally stipulated otherwise in the respective work programme
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4. Hierachy of norms in H2020 12/4/2018 Treaty of Lisbon
Regulation for the implementation of H2020
Decision on specific programmes
Rules for participation
EU Financial Regulation
Grant Agreement
Consortium Agreement
Annotated Model Grant Agreement (AGA)
guidelines
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5. H2020 Model Grant Agreement
You need to know the provisions of the Grant Agreement!
Core agreement: General terms and conditions (legal and financial regulations)
Annexes:
Annex 1 Project Description
Annex 2 Estimated Budget
Annex 3 Partner Accession Forms
Annex 4 Financial Statement
Annex 5 Certificate on the Financial Statements
Annex 6 Certificate on the Methodology
Model Grant Agreement (GA)
Annotated Model Grant Agreement (AGA)
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6. When and how to be concluded?
As soon as possible…
Should be concluded before the signature of the GA
According to the respective work programme
Because of the content (deviations of the standard grant agreement)
paper version, not via Participant Portal
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7. Why is it important? GA 41.3 Internal arrangements between beneficiaries
…. These internal arrangements must be set out in a written ‘consortium agreement’ between the beneficiaries, which may cover:
internal organisation of the consortium;
management of access to the electronic exchange system;
distribution of EU funding;
additional rules on rights and obligations related to background and results
settlement of internal disputes;
liability, indemnification and confidentiality arrangements between the beneficiaries.
The consortium agreement must not contain any provision contrary to the Agreement.
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8. Why is it important? GA 41.3 Internal arrangements between beneficiaries
Deviations of the standard text of the grant agreement are possible where it is foreseen in the agreement
Example:
“The coordinator must distribute the amounts received to the beneficiaries without unjustified delay (see Article 21.7).“
25.1 Waivers of access rights are not valid unless in writing
25.3 Requests for access may be made — unless agreed otherwise — up to one year after the period set out in Article 3.
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9. Additional information on the consortium can be added
Why is it important? GA 41.3 Internal arrangements between beneficiaries
If no deviations are written down in the consortium agreement the standard text of the GA is valid
But deviations must not contain any provision contrary to the GA! In that case the deviations are invalid
Additional information on the consortium can be added
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10. Where to find more information…
DESCA
MCARD-2020 by Digital Europe: ent.aspx
EUCAR-2020: Agreement/view
COM Guidance: How to draw up your consortium agreement
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12. IPR Helpdesk https://www.iprhelpdesk.eu
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13.
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14. This project has received funding from the European Union’s Horizon 2020 research and innovation programme
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