1. Contracts FP6

2. PRESENTATION OUTLINE è Legal Framework è Participation è Contract Structure è Collective Approach l signature and entry into force l collective Responsibility l consortium Agreement è Provisions of general conditions, special reference to: l financial provisions

3. Legal Framework EC TREATY FRAMEWORK PROGRAMME SPECIFIC PROGRAMMES PARTICIPATION AND DISSEMINATION RULES CONTRACTS Other relevant EC Regulations FINANCIAL REGULATION INTERNATIONAL AGREEMENTS WORK PROGRAMMES GUIDELINES ON EVALUATION AND SELECTION PROCEDURES & Calls for proposals

4. Guidelines Will provide explanations and guidance notes:  Financial guidelines  Negotiation guidelines  Consortium agreement guidelines

5. Minimum number of participants 1 At least 3 independent legal entities established in 3 different Member States or Associated States, of which at least 2 in Member States or Associated Candidate Countries. Must include only:  public bodies responsible for financing or managing research activities carried out at national or regional level;  other national or regional organisations that finance or manage such research activities;  bodies operating at European level that include as part of their mission the pan-European coordination of nationally-funded research.

6. Minimum number of participants 2 →Other legal entities such as charities or other private organisations, which also manage research programmes that are strategically planned and executed at national or regional level, may participate without restriction in addition to the minimum number of participants. → 1 single legal entity for specific support actions established in 1 Member State or Associated State

7. Entities established in other countries and International organisations STRUCTURING & REINFORCING PARTS Participation COUNTRIES WITH CO-OPERATION AGREEMENT under the Agreement’s conditions COUNTRIES WITHOUT CO-OPERATION AGREEMENT if necessary to carry out the project or if foressen by the Work Programme or the call Funding if essential to carry out the project or if foressen by the Work Programme or the call

8. Participation è New Every legal entity that contributes to the project (incl. Project Managers) è General Rule: Participant = contractor Every legal entity contributing to a project must have a contractual link with the Community è Exceptional cases: subject to very restrictive rules l Third parties identified in Annex I l Subcontractors

9. Participation Third parties identified in Annex I  In most of the cases they do not participate, they simply make their resources available to a contractor, this is not a case of participation but only a question of eligibility of the cost of these resources  In exceptional cases: “participation” of members of entities such as EEIG,UMR, SMEs Associations: these entities are contractors (EEIG, SMEs Assoc.) their members can do some of the work on the project contractor and third parties must have a previous agreement the third parties, the agreement and the tasks must be identified in Annex I

10. Participation Subcontracting  Contractors shall ensure that the work to be performed can be carried out by them.  Exception: where it is necessary to subcontract certain elements of the work, this should be clearly identified in Annex I.  Minor services may be subcontracted: which do not represent core elements of the project which cannot be directly assumed by contractors where necessary for the performance of the project

11. Coordinator è A contractor among other contractors è No leadership è No additional rights BUT è Additional obligations è Administrative tasks: single entry point for communication, payments, reporting, signature, amendments, etc.

12. Contract Structure  Core contract(standard with specifics of project)  Annex I (technical tasks - the “project”)  Annex II General Conditions (applicable to every instrument)  Annex IIIInstrument specific provisions (specific to instrument) NON APPLICABLE FOR SSA AND COORDINATION ACCTIONS

13. Contract Structure  Annex IV - Form A Consent of contractors identified in the contract (article 1.2) to accede to the contract. To be signed by the contractor concerned and by the coordinator.  Annex V - Form B Accession of new legal entities to the contract. To be signed by the new contractor concerned and by the coordinator  Annex VI - Form C Financial statement per activity. Specific to each Instrument and/or type of action. To be filled periodically by each contractor

14. Signature  Contractual link of all contractors with the Commission  New Contract enters into force upon signature of coordinator and Commission  Coordinator must ensure other contractors sign within delays  All the contractors are identified in the core contract [Art. 1.2]

15. Entry into force of the contract/start date of the project  Entry into force of the contract and payment of advance - Several options available: signature or coordinator / minimum number of participants/all participants  Distribution of advance by the coordinator after minimum requirements met  Project begins in the date established in the contract (this can be before the contract enters into force but usually later)

16. Amendments  Core Contract & 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 of the consortium composition

17. Consortium agreement Regulates internal organisation and management of consortium New Compulsory unless otherwise mentioned in the call for proposal NOT COMPULSORY FOR ERA-NET Between contractors - NOT signed nor approved by the Commission Non binding guidelines provided by the Commission

18. New Collective responsibility Technical Responsibility Financial Responsibility 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 International Organisations, public bodies or entities guaranteed by MS/AS solely responsible for their own debts Exceptions for specific actions for SME’s and fellowships, and when duly justified for specific support actions