QUESTION
When a stock company - or juridical subject of third countries which opens an affiliated company and/or a branch office in a Member State, can the latter be eligible for EC-financing?
Said branch office will have regular VAT number, regularly recorded to the Member State’s Chamber of Commerce and presents annual balance sheet, income tax return and VAT statement. |
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ANSWER
For the implementation of the Fifth Framework Programme, participants from third countries are normally not funded (exceptionally with Community funding when duly justified as being essential for achieving the objectives of the project).
However, if the affiliate established in the Member State carries-out research activities there, then it can be considered as legal entity established in a Member State for the purpose of participating in 5FP projects with EC funding. If, on the other hand, is it merely a representative office of the main company, and all work is carried out in the third country, then it is not eligible. | |
| Participation - Legal status |
QUESTION
Could you please let me know what legal status I should use for our University.
When using the code private non-profit ("PNP"), this is understood by some project officers as requiring all the requested financial information. However, using the code Government ("GOV"), means that we are government-owned and this is not the case for our University. |
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ANSWER
In this case PNP : Private non-Profit should be applicable for your organisation, since it is not a public university. In some cases the financial viability of such contractors will be reviewed by the Commission services. | |
| Participation - types of contractors |
QUESTION
In RTD contracts of FP 5 there are assistant contractors. Do they also exist for Accompanying measures? |
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ANSWER
"Assistant contractors" are only foreseen in RTD actions consisting of research and technological development projects, demonstration projects and combined RTD/Demonstration projects.
Concerning "accompanying measures", the concept of "member" is foreseen in some specific cases - see article 2(f) of the implementing regulation of the rules for participation cited below:
"Member": for indirect RTD actions consisting of research training networks, thematic networks and accompanying measures with similar objectives, and concerted actions, a participant taking part in a project under a membership contract signed with a principal contractor acting in agreement with the Community and in accordance with the contract, having the same rights and obligations pursuant to the membership contract vis-à-vis the Community as the principal contractor except where otherwise stipulated. | |
| Participation CRAFT |
QUESTION
Can a SME be involved in two different Craft projects running at the same time ? Can it be coordinator of both eventually (capacities allowing of course)? |
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ANSWER
YES, a SME may participate in several CRAFT projects at the same time. In this sense the same SME might have the role of coordinator for several projects as long as it has the resources to carry out this job for several projects at the same time and provided that there is no conflict of interest or that the same costs are not counted for different projects. | |
