This site has been archived on
Image
to CORDIS home page back to FP 5 Management Home Page help and search to FP 5 on CORDIS

Image


- Model contract -

Stays at Marie Curie training sites

KB (PDF) 157 KB (PDF) 158 KB (PDF) 1248 KB (PDF) 149 KB (PDF) 176 KB (PDF) 152 KB (PDF) 154 KB (PDF) 152 KB (PDF) 154 KB (PDF) 150 KB (PDF)

159 KB (PDF)

.

Stays at Marie Curie training sites

Article 1 - Scope
Article 2 - Duration

Article 3 - The Community’s financial contribution
Article 4 - Project deliverables to be submitted to the Commission
Article 5 - Applicable law and jurisdiction
Article 6 - Special conditions

Article 7 - Amendments
Article 8 - Final provisions
Article 9 - Signature and language of the contract

ANNEX I: Description of the activities in the Framework of the research area

ANNEX II: General conditions

Part A: Implementation of the project(s)
Article 1 - Definitions

Article 2 - Selection of the fellow(s) and confirmation
Article 3 - Obligations of the contractor
Article 4 - The contractor’s relationship with the fellow(s)
Article 5 - The Community’s financial contribution
Article 6 - Submission of project deliverables
Article 7 - Liability
Article 8 - Termination of the contract

Part B: Rules relating to intellectual and industrial property, publicity and confidentiality
Article 9 - Ownership of knowledge
Article 10 - Protection of knowledge
Article 11 - Publicity and confidentiality

Part C: Costs
Article 12 - Contributions allocated to the fellow(s) and to the contractor

Article 13 - Revision

Part D: Auditing
Article 14 - Technical verification and audit

Part E-1: Request for payment of advance
Part E-2: Request for periodic payment
Part E-3: request for final payment

Part E-4: request for confirmation of selected fellow
How to complete the form Request for confirmation of selected fellow

Image

Stays at Marie Curie training sites

to the top of this page

next
.

CONTRACT No

The [European Community][European Atomic Energy Community] ("the Community"), represented by the Commission of the European Communities ("the Commission"), itself represented in view of the signature of this contract by [Mr ( name )][Mrs ( name )], Director General for [ name of the DG ] or [his][her] duly authorised representative,

of the one part

and

[ name of contractor ] ([ acronym ]) ("the contractor "), established in [ name of State and full address ], represented by its legal/statutory/authorised representative[s], [Mr/Ms [ insert name ], [ function ], [Mr/Ms [ insert name ], [ function ],

of the other part,

(collectively "the contracting parties" )

HAVE AGREED, with the aim of contributing to an improvement of the human research potential of the Community, to activities within "[ name of the research area ]" to be carried out [in the framework of the specific research and technological development programme "[ name of specific RTD programme ]"][in the framework of the research and training programme (Euratom) in the field of nuclear energy] (the "specific programme") according to the following provisions.

to the top of this page

Article 1 - Scope

1. The scope of this contract is the realisation of training project(s) 1 ("the project(s) ") by (a)
fellow(s) . The number of fellow -months is mentioned in Annex I to this contract.

2. To that end, the contractor commits itself vis-à-vis the Community to proper performance of the project(s) connected to the research area, which is set out in Annex I entitled [ name of research area ], in accordance with the conditions set out in this contract.

3. To that end, the contractor

(a) shall select the fellow(s) referred to in paragraph 1 of this Article, according to the number of fellow -months and in accordance with the obligations in Annex II to this contract;

(b) shall conclude with each fellow , after confirmation by the Commission, an agreement in accordance with the obligations in Annex II to this contract.

to the top of this page

Article 2 - Duration

1. This contract shall enter into force following its signature by the contracting parties .
The commencement date of the first selection procedure in the sense of Article 2(4) of Annex II to this contract, as notified to the Commission in writing by the contractor , and the commencement date of the first project may in no case be prior to the date the contract enters into force, but must be within [8][ number ] 2 months from the date the contract enters into force.

2. Subject to the provisions of Article 5(5) of Annex II to this contract, the project(s) referred to in Article 1 of this contract must be completed within [48][ number ] 3 months from the date this contract enters into force.

This contract shall be completed on the date of the final payment of the Community’s financial contribution. However,

- Articles 5, 6 and 8 of this contract;

- Article 3(2) (e) and (g), Article 4(1) (i), Article 5(3) and (4), Article 6(5), Article 7, Articles 9 to 11 and Article 14 of Annex II to this contract

shall continue to apply after that date subject to any limitations specified in those Articles.

________________________________________________
1. The terms in italics are used in accordance with the definition given in Article 1 of Annex II to this contract.
2. The default time-limit is eight months.
3. The default time-limit is 48 months

to the top of this page

Article 3 - The Community’s financial contribution

1. Subject to the provisions of Article 5(5) of Annex II to this contract, the Community shall fund the project(s) to a flat rate amount of [ amount ] EUR ([ amount in words ] euro), allocated to the fellow(s) and the contractor in accordance with Article 12 of Annex II to this contract.

2. The Community's financial contribution to the project(s) shall be paid as follows and as specified in Article 5 of Annex II to this contract to the contractor 's following bank account:

[ the contractor's bank details ]

  • an advance of [ percentage ] % 4 ;
  • periodic payments, each of [ percentage ] % 4 ;
  • the rest of the total Community contribution (the retention of [ percentage ] % 4 ).

The total amount of the advance and the periodic payments shall not exceed the maximum amount of the Community's financial contribution referred to in paragraph 1 of this Article, less a guarantee retention as specified in this paragraph.

_____________________________________
4. The advance is 40%, the rest 15% and the periodic payments are equal amounts.

to the top of this page

Article 4 - Project deliverables to be submitted to the Commission

1. [ number ] copies of the reports and [ number ] copies of the requests for payment required under this contract shall be submitted by the contractor in accordance with Article6 of AnnexII to this contract. The reports shall be in [ language ].

Annex I to this contract shall determine the number of copies and the language of drafting of other project deliverables.

2. The request for payment of advance shall be submitted to the Commission at the latest [ number ] days after the date of the Commission’s confirmation of the first fellow .

3. The periodic scientific reports and the summary periodic financial reports, as well as the corresponding requests for payment, shall cover a period of [12][ number ] 5 months from the date of the request for payment of advance, and thereafter successive periods of [12][ number ] 5 months.

4. The final scientific report and the final financial report shall cover the entire duration of (all) the project(s) . The request for final payment shall be submitted to the Commission after completion of the last project .

5. If applicable, the other project deliverables shall cover the periods mentioned in Annex I to this contract.

______________________________________
5. The time-limits, identical for the reports and the requests for payments, may differ from 12 months.

to the top of this page

Article 5 - Applicable law and jurisdiction

1. The law of [ law of host country ] shall govern this contract.

2. The Court of First Instance of the European Communities and, in the case of an appeal,
the Court of Justice of the European Communities, shall have sole jurisdiction to hear
any disputes between the Community, on the one hand, and the contractor , on the other hand, as regards the validity, the application or any interpretation of this contract.

to the top of this page

Article 6 - Special conditions

[No special condition applies to this contract.]

[The following special conditions apply to this contract:]

[The special conditions applying to this contract are set out in its Annex III.]

[In addition to the special conditions set out in Annex III, the following special conditions shall apply to this contract:]

to the top of this page

Article 7 - Amendments

This contract, including the annexes thereto, may be modified only in writing, by way of an amendment between the authorised representatives of the contracting parties . No verbal agreement may be binding on the contracting parties for this purpose.

Any request for amendment must be received by the Commission at least two months before
the expiry of the duration of the project(s) concerned.

to the top of this page

Article 8 - Final provisions

1. The following annexes are an integral part of this contract:

Annex I - Description of the activities in the framework of the research area

Annex II - General conditions

[Annex III - Special conditions]

2. In the event of any conflict between Annex I and any other provision of this contract,
the latter shall take precedence.

[3. The special conditions set out in [Article6 of][Annex III to][Article 6 of and Annex III to] this contract shall take precedence over any other provisions.]

to the top of this page

Article 9 - Signature and language of the contract

[ number (minimum two)] copies of the contract in [ language ] shall be signed by the contracting parties and only that language version shall be authentic.

Done at Brussels,

On behalf of [ name and acronym of the contractor ]:

Name: (written out in full)

Title:

Signature:

(stamp of the organisation)

On behalf of the Commission:

Name: (written out in full)

Title:

Signature:

Date:

to the top of this page

ANNEX I

DESCRIPTION OF THE ACTIVITIES IN THE FRAMEWORK OF THE RESEARCH AREA

(corresponding to the description given in proposal No [ No of proposal ], as selected by
the Commission on [ date ])

1. Title: [ name of the research area ]

2. Abstract: [ abstract of activities in the framework of the research area ]

3. Fellow -months:

4. Place[s] of implementation of the project(s) :

- Institution: [ name and address of institution, including country ]

- Laboratory: [ name and address of the laboratory, including country ]

[[- Institution: [ name and address of institution, including country ]]

- Laboratory: [ name and address of the laboratory, including country ] …]

- Co-ordinator: [ name ]

5. Distribution of the Community contribution:

(a) for the benefit of the fellow(s) :

  • allowance(s): [ amount ] euro/month X [ number ] months Total: [ amount ].euro

(b) for the benefit of the contractor :

  • contribution to research and management costs:

[ amount ] euro/month X [ number ] months Total: [ amount ].euro

  • contribution to travel costs: [ amount ] euro/month X [ number ] months

Total: [ amount ] euro

6. Total amount of the Community contribution: [ amount ] euro

to the top of this page

ANNEX II

GENERAL CONDITIONS

Part A : Implementation of the project(s)

Article 1 - Definitions
1. " Decision " means [Decision 1999/65/EC of 22 December 1998 concerning the rules for the participation of undertakings, research centres and universities and for the dissemination of research results for the implementation of the Fifth Framework Programme of the European Community (1998 to 2002 1 )][Decision 1999/66/Euratom of 22 December 1998 concerning the rules for the participation of undertakings, research centres and universities in the implementation of the Fifth Framework Programme of the European Atomic Energy Community (Euratom) (1998 to 2002) 2 ].

2. " Regulation " means the Commission [Regulation (EC) No 996/1999 of 11 May 1999 on the implementation of Council Decision 1999/65/EC concerning the rules for the participation of undertakings, research centres and universities and for the dissemination of research results for the implementation of the Fifth Framework Programme of the European Community (1998-2002 3 )][Regulation (Euratom) No 1605/1999 of 22 July 1999 on the implementation of Council Decision 1999/66/Euratom concerning the rules for the participation of undertakings, research centres and universities in the implementation of the Fifth Framework Programme of the European Atomic Energy Community (1998 to 2002) 4 ].

__________________________________________________
1. OJ L26, 1.2.1999 p.46.
2. OJ L26, 1.2.1999 p.56.
3. OJ L122, 12.5.1999 p.9.
4.OJ L190, 23.7.1999 p.3.

3. " Contracting parties " means the Community and the contractor .

4. " Contractor " means a legal entity, an international organisation, or the Joint Research Centre (JRC), which has concluded this contract with the Community.

5. " Marie Curie training site " means a clearly identifiable part of an institution, such as a research group or interrelated research groups, providing doctoral training in accordance with this contract.

6. " Fellow " means a doctoral student participating in a project in accordance with an agreement concluded with the contractor.

7. " Agreement " means the agreement concluded between the contractor and the fellow pursuant to Article 4 of this Annex.

8. " Project(s) " means the work referred to in AnnexI to this contract.

9. " Contract completion date " means the date referred to in Article2(2), second subparagraph, of
this contract.

10. " Project deliverables " means the scientific and financial reports, the requests for payments referred to in Article 4 of this contract and Article 6 of this Annex and any element designated as such in Annex I to this contract.

11. " Force majeure " means any unforeseeable and insuperable event affecting the carrying out of the project(s) .

12. The " interests of the Community " are to be assessed in particular with regard to:

  • the objective of strengthening the international competitiveness of Community industry;
  • the objective of providing appropriate incentives for maintaining and creating jobs in the Community;
  • the objective of promoting sustainable development and improving the quality of life in the Community;
  • the needs of other Community policies in support of which indirect RTD actions are carried out;
  • the existence of scientific and technical co-operation agreements between the Community and third countries or international organisations.

13. " Legitimate interest " means any interest, in particular of a commercial nature, of a contractor which may be invoked in the cases provided for in this Annex provided that the contractor demonstrates that the damage to that interest is likely, given the circumstances, to cause a specific prejudice that is disproportionate, considering the objectives of the provision in respect of which it is invoked.

14. " Knowledge " means the results, including information, arising from any project covered by [Decision No182/1999/EC of the European Parliament and of the Council of 22 December 1998 concerning the Fifth Framework Programme of the European Community for research, technological development and demonstration activities (1998 to 2002) 5 ][Council Decision No 1999/64/Euratom of 22 December 1998 concerning the Fifth Framework Programme of the European Atomic Energy Community for research and training activities (1998 to 2002) 6 ] (hereinafter referred to as the "Fifth Framework Programme"), as well as copyright or rights attaching to the results following applications for, or the issue or registration of, patents, designs and models, plant varieties, additional certificates or other similar forms of protection.

______________________________________
5. OJ L26, 1.2.1999 p.1.
6. OJ L26, 1.2.1999 p.34.

15. " Associated State " means a State party to an international agreement concluded with
the Community, in particular on the basis of Article[170 of the Treaty establishing
the European Community][101 of the Treaty establishing the European Atomic Energy Community], under which that State makes a financial contribution to the Fifth Framework Programme.

to the top of this page

Article 2 - Selection of the fellow(s) and confirmation

1. In accordance with the conditions mentioned below, the contractor shall select, if needed several times during the contract, the necessary number of fellows according to the number of fellow -months given in Annex I to this contract.

2. Criteria for eligibility of the fellow(s)

To be eligible, each fellow must simultaneously fulfil the following criteria at the time of selection.

(a) Nationality

The fellow must be a national of a Member State of the Community or an Associated State or residing in the Community for at least the last five years.

(b) Mobility

Each project must be carried out in a Member State of the Community or an Associated State other than the fellow ’s country of nationality and his/her recent centre of activity. A recent centre of activity is defined as a country where the fellow has been carrying out his/her normal activity for more than 12 months in the two years immediately prior to the selection. The project must be carried out in a country other than that where the fellow normally pursues his/her doctoral studies.

A fellow from an Associated State cannot carry out a project in an Associated State .

In the case of a non EU/Associated State national, he/she is not permitted to move to a host country in which he /she was residing for more than two years in the last five years immediately prior to the selection date.

(c) Previous fellowships

The fellow can hold fellowships of:

  • one of the Marie Curie Fellowship schemes of the fifth framework programme for research and technological development, or
  • one of the Marie Curie Research Training Grants of the fourth framework programme for research and technological development, or
  • one of the Research Training Fellowships of the third framework programme for research and technological development, or
  • any other fellowship funded by the budget of the third, fourth or fifth framework programme for research and technological development

for a period not exceeding 4 years in total. However, the maximum duration foreseen for each scheme or category cannot be exceeded.

(d) Qualifications and research experience

The fellow must have postgraduate level scientific qualifications: young researcher holding a degree obtained form a university or equivalent institution of higher education, which qualifies the holder to embark directly on a doctorate or equivalent degree. The fellow must pursue doctoral studies in a subject area similar to that of the Marie Curie training site .

(e) Age limit

The fellow must be of age 35 years or less. However, allowance, in this respect, is made for time actually served in compulsory military or civil service and for childcare with a maximum of 2 years per child for the actual time spent off work.

3. Criteria for eligibility of the project(s)

(a) Duration

The duration of each fellow’s project is between three months and one academic year.

(b) Contents

In the framework of the research area defined in Annex I to this contract, the project must consist of training within a scientific and technological area of the specific programme awarding the Community contribution. The project can be within basic research, applied research, technological development and innovation activities, but not production/manufacturing activities.

The project must be recognised as an integral part of the fellow’s doctoral studies.

Only projects that ensure the fellow’s active full-time participation are eligible.

4. Selection procedure

(a) Publication of fellowship positions

The contractor is required to publicise the fellowship positions available to as many potential applicants as possible by its usual or other relevant means of advertising. In particular, the contractor shall provide the Commission with the necessary information on the fellowship positions, in order for this to be disseminated on the Commission’s Internet site.

(b) Selection criteria

The contractor must select the best fellow(s) , on the basis of his/her (their) scientific ability and of the compatibility of his/her (their) doctoral studies with the expertise of the Marie Curie training site .

(c) Equal opportunities

The contractor endeavours to assure a fair female representation by promoting real equal access opportunities between men and women throughout the selection.

To that end, it seeks and encourages female candidates in the publicity referred to in
point (a) of this paragraph and it pays, in the application of the selection criteria referred to in point (b), a particular attention to ensure no discrimination against the minority gender.

(d) Confirmation of the selected fellow(s)

The contractor shall request from the Commission, in the format specified in Part E of
this Annex, the confirmation of the selected fellow(s) .

The selected fellow(s) shall, in absence of observations by the Commission, be deemed to be confirmed within [10][ number ] 7 working days after the date of receipt of the request by the Commission.

The selection shall take effect once it has been confirmed by the Commission.

At the start of the fellow ’s project , the contractor shall submit to the Commission the name of the scientist in charge and a description (abstract) of the project connected to the fellow . The layout of this information shall conform to the rules communicated by the Commission.

_________________________
7. The default time-limit is ten working days.

to the top of this page

Article 3 - Other obligations of the contractor

1. The contractor shall ensure that the project(s) is (are) implemented in accordance with the contract. The contractor is the intermediary between the fellow(s) and the Commission. He is responsible, in particular, for transmitting to the Commission all documents and correspondence relating to the project(s) .

2. In particular, the contractor is required:

(a) to host each fellow for the entire duration of his/her project ;

(b) to have, throughout the duration of the contract, the means, including the infrastructure, equipment, products and capacity of scientific supervision, of ensuring the implementation and the management of the project(s) and in particular the training through research in the scientific and technical fields concerned;

(c) to make the means mentioned in point (b) of this paragraph available to each fellow , as necessary and from the commencement date of her/his project ;

(d) to ensure that each fellow enjoys, at the place(s) of implementation of his/her project,
the same working conditions and standards of safety and health as afforded to local researchers;

(e) to effect, by the due dates, in accordance with the agreement provided for in Article 4 of
this Annex, all the payments for which it is responsible;

(f) to provide reasonable assistance to the fellow(s) in all administrative procedures required by the host country’s authorities;

(g) to notify the Commission without delay as soon as it is aware of any circumstances likely to affect the performance of this contract, such as:

- any event likely to prevent a project from being properly implemented or properly completed;

- a maternity leave and its consequences pursuant to the applicable national law under Article 4(1)(b) of this Annex;

(h) to maintain the confidentiality of any fact, information, knowledge , document and other material communicated by the Commission as confidential during the performance of
this contract;

(i) to provide reasonable assistance to the Commission in the framework of its follow-up of the implementation of the project(s) .

to the top of this page

Article 4 - The contractor ’s relationship with the fellow(s)

1. The contractor is required to conclude a written agreement with each fellow , after selection and confirmation by the Commission. Only once this agreement has been concluded may
the project start. This agreement shall determine, in accordance with the contract, the conditions for implementing the project and the respective rights and obligations of the fellow and contractor . This contract shall be annexed to the agreement . Each agreement must be retained by the contractor for the purposes of audit during the period mentioned in Part D of this Annex.

Each agreement shall mention in particular:

(a) the amounts to be received by the contractor for the benefit of the fellow pursuant to the contract, as well as the amounts borne by the contractor , and the arrangements for payment of the amounts due to the fellow ;

(b) the law applicable to the agreement ;

(c) any amount deducted, subject to a legal justification;

(d) the conversion and exchange rate(s) used, including the reference date(s) and source(s), when payments are made in national currency;

(e) the description (abstract) of the project connected to the fellow ;

(f) the duration of the project ;

(g) that the fellow shall devote himself/herself full-time to the training which is the subject of the project ;

(h) that the fellow will be solely responsible for ensuring fulfilment of his/her obligations under the applicable law referred to at point (b) of this paragraph and, where appropriate, under bilateral agreements;

(i) that the fellow shall inform the contractor as soon as possible of circumstances likely to affect the performance of this contract, such as:

- any event likely to prevent the project from being properly implemented or properly completed;

- a pregnancy that may directly affect the implementation of the project ;

(j) the rules relating to intellectual and industrial property, publicity and confidentiality in
the framework of Part B of this Annex.

2. The payment arrangements referred to in paragraph 1(a) of this Article shall be based, as far as possible, in view of the applicable law, on the principle of monthly payments in arrears. They must provide for payments to each fellow from the beginning of the project as well as for payment of the full amounts allocated for the benefit of the fellow at the latest at the end of the project .

to the top of this page

Article 5 - The Community's financial contribution

1. The Community's financial contribution shall be paid in accordance with the following principles:

a. An advance shall be paid within a maximum period of 60 days running from the date the Commission receives the request for payment of advance as set out in Part E of
this Annex.

b. The periodic payments shall be made within a maximum period of 60 days from the date on which the Commission approves or is deemed to have approved, in accordance with Article 6(3), fourth subparagraph, of this Annex, the periodic reports and the corresponding request for payment or other project deliverables .

c. The final payment of the Community's financial contribution shall be made within
a maximum period of 60days from the date on which the Commission approves or is deemed to have approved, in accordance with Article 6(3), fourth subparagraph, of this Annex, the final reports and the corresponding request for payment or the last project deliverable .

The payments referred to in points (a), (b) and (c) of the first subparagraph of this paragraph shall be considered as having been effected on the date the Commission’s account is debited.

The Commission may suspend the period of 60 days referred to under (a), (b) and (c) of the first subparagraph of this paragraph at any time by notifying the contractor that it considers that additional checks should be carried out. The period shall continue to run once the Commission has completed the additional checks.

On expiry of the period provided for and without prejudice to the third subparagraph of this paragraph, the contractor may claim, within two months of receiving the late payment, interest at the rate applied by the European Central Bank for its main refinancing operations, applicable on the first day of the month during which the period has expired, plus one and a half percentage points. The interest shall cover the period starting on the day after the payment deadline until the date of actual payment.

The payments referred to in points (a), (b) and (c) of the first subparagraph of this paragraph shall be considered as having been effected on the date the Commission’s account is debited.

The Commission may suspend the period of 60 days referred to under (a), (b) and (c) of the first subparagraph of this paragraph at any time by notifying the contractor that it considers that additional checks should be carried out. The period shall continue to run once the Commission has completed the additional checks.

On expiry of the period provided for and without prejudice to the third subparagraph of this paragraph, the contractor may claim, within two months of receiving the late payment, interest at the rate applied by the European Central Bank for its main refinancing operations, applicable on the first day of the month during which the period has expired, plus one and a half percentage points. The interest shall cover the period starting on the day after the payment deadline until the date of actual payment.

2. The Commission may, in case of suspected fraud or serious financial irregularity on the part of the contractor , suspend payments and/or instruct the contractor, not to make any payment to the fellow(s) . The contractor remains liable to perform its contractual obligations.

3. Bank charges resulting from any reimbursement of sums due to the Community shall be borne exclusively by the contractor .

The recovery order regarding payments made by the Commission, drawn up by the latter and transmitted to the contractor who owes an amount to be reimbursed shall be enforceable within the meaning of Article[256 of the Treaty establishing the European Community][164 of the Treaty establishing the European Atomic Energy Community].

The Commission may decide to proceed with the reimbursement of sums owed to
the Community by way of set-off against sums of any kind due to the contractor .

4. After the contract completion date or the termination of the contract, the Commission may or shall, as relevant, where fraud or serious financial irregularities have been discovered during an audit, claim from the contractor the reimbursement of all the Community’s financial contribution paid to him. Interest at the rate applied by the European Central Bank for its main refinancing operations on the first day of the month during which the contractor has received the funds, plus two percentage points, shall be added to the amount to be repaid. The interest shall cover the period between the receipt of the funds and their repayment.

5. As a consequence of maternity leave of fellow(s) , in view of a proper performance of the project(s) , the time-limit referred to in Article 2(2) of the contract may be extended, where appropriate, and the amount of the Community's financial contribution may be adjusted according to the requirements of the particular case(s), including expenses that are compulsory and non-recoverable under the applicable national law under Article 4(1)(b) of this Annex.

to the top of this page

Article 6 - Submission of project deliverables

1. As regards reports:

a. The following reports shall be submitted for approval by the Commission:

- periodic scientific reports containing information about the progress of the work of the fellow(s) , departures from the work schedule and results, and corresponding periodic financial reports. The periodic financial report shall cover the payments made by the contractor to the fellow(s) from the beginning of the project(s) ;

- a final scientific report covering all the work, objectives, results and conclusions, including a summary of all those items, and a final financial report. The final financial report shall cover the payments made by the contractor to the fellow(s) during the entire duration of the project(s) .

b. The layout of the reports shall conform to the rules communicated by the Commission.
The reports for publication should be of a suitable quality to enable direct reproduction.

2. As regards requests for payment and financial reports:

a. The requests for payment and the financial reports shall be expressed in euro. If applicable, the euro conversion and exchange rates for the requests for payment, the financial reports and the related payments shall be the rates published by the Commission for the implementation of the budget and in force on the first working day of the month following the period covered by the request for payment concerned. No account shall be taken of exchange rate gains or losses between the time of establishment of the request for payment and the receipt of the corresponding payment.

b. The contractor shall submit the requests for payment in the format specified in Part E of
this Annex.

3. Each periodic scientific report and periodic financial report, as well as the corresponding request for payment, shall be submitted to the Commission within two months of the end of the period covered by the reports.

The final scientific report and the final financial report, as well as the corresponding request for payment, shall be submitted to the Commission within two months of the completion of the last project .

If applicable, the other project deliverables shall be submitted within the time-limits set out in Annex I to this contract.

The project deliverables shall, in the absence of observations by the Commission, be deemed to be approved within two months of their receipt.

4. The Commission reserves the right to withhold part or, exceptionally, all of the payment of
the Community’s financial contribution in case of failure to submit, within the period specified in paragraph 3 of this Article, a periodic scientific or financial report, or the corresponding request for payment.

The Commission may decide not to make the final payment in case of failure to submit the final scientific or financial report, or the corresponding request for payment, within the period specified in paragraph 3 of this Article, subject to one month's written notice of non-receipt of that document.

5. The contractor must provide to the Commission all detailed information requested by
the Commission in view of a proper performance of this contract.

to the top of this page

Article 7 - Liability

1. The liability of the contracting parties amongst themselves with regard to any losses, damages or injuries suffered in the context of the performance of this contract shall be governed by the law indicated in Article5(1) of the contract.

2. The measures to be taken in the event of force majeure shall be agreed between
the contracting parties . The contracting parties expressly agree that any default of a product or service used for the purpose of performing this contract and affecting such performance, including, for instance, anomalies in the functioning or performance of such product or service resulting from, or linked to, the millennium date change (year 2000 problem), does not constitute force majeure .

3. The Community cannot be held liable for acts or omissions of the contractor or the fellow(s) in performing this contract. It shall not be liable for any defects in respect of any products or services created on the basis of knowledge resulting from the project(s) , including, for example, anomalies in the functioning or performance thereof resulting from, or linked to, the millennium date change (year 2000 problem).

The contractor shall fully guarantee the Community, and shall undertake to indemnify it, in the event of any action, complaint or proceeding brought by a third party against it as a result of damage caused, either by any act or omission of the contractor or the fellow(s) in performing this contract, or on account of any products or services created on the basis of knowledge resulting from the project(s) , only to the extent that the contractor or the fellow(s) has contributed to or is responsible for the loss or damage concerned.

4. In the event of any action brought by a third party against the Community in connection with the performance of this contract, the contractor or the fellow(s) who may bear responsibility shall be required to assist the Community.

5. In the event of any action brought by a third party against the contractor or (a) fellow(s) in connection with the performance of this contract, the Commission may, without prejudice to paragraph 1 of this Article, assist the latter upon written request. The costs incurred by the Commission in this connection shall be borne by the contractor or the fellow(s) concerned.

to the top of this page

Article 8 - Termination of the contract

1. The Commission may terminate the contract:

(a) when the contractor or (a) fellow(s) terminates the project(s) ;

(b) when the agreement(s) between the contractor and (a) fellow(s) is (are) terminated due to non-respect of their obligations under the agreement(s) ;

(c) for major technical or economic reasons substantially affecting the project(s) (including where the resumption of the performance of the contract following its suspension on account of force majeure proves impossible).

The Commission shall determine, in the registered letter with acknowledgement of receipt,
the notice period, which shall not exceed one month from the date of receipt of such letter.

2. The Commission shall not object to the termination of the contract, at the written request of the contractor, on the grounds mentioned in paragraph 1(b) and (c) of this Article.

The termination of the contract shall be effective:

- on the date of the letter of acceptance by the Commission notified by registered letter with acknowledgement of receipt;

- at the latest one month following receipt of notification by the contractor in the absence of written observations by the Commission within that time-limit.

3. The Commission may immediately terminate this contract from the date of receipt of
the registered letter with acknowledgement of receipt:

(a) where the first project has not effectively commenced within the time-limit stipulated in Article 2(1) of this contract and the new date proposed, where applicable, is considered unacceptable by the Commission;

(b) where, upon a written request from the Commission to remedy a failure to comply with
its contractual obligations within a period not exceeding one month, the contractor has not fully performed such obligations;

(c) in the event of bankruptcy, of winding up, of cessation of trading, of winding up by court order or composition, suspension of activities of the contractor or any similar proceeding provided for by national laws or regulations and leading to a similar result;

(d) in the event of a serious financial irregularity.

4. The Commission shall immediately terminate this contract from the date of receipt of
the registered letter with acknowledgement of receipt:

(a) where the conditions for participation in the project(s) mentioned in Articles 3 to 12 of
the Decision are no longer satisfied;

(b) where the contractor has made false declarations for which it may be held responsible, or has deliberately withheld information in order to obtain the Community's financial contribution or any other advantage provided for in the contract.

5. The contractor shall take appropriate action to cancel or reduce commitments entered into, upon receipt of the letter from the Commission notifying it of the termination of the contract or upon dispatch of its letter requesting termination.

In the event of termination of the contract, the Commission may require repayment of all or part of the Community's financial contribution, taking into account the state of progress of
the project(s) . The amounts to be retained by the contractor and/or by the fellow(s) are calculated in proportion to the period of performance of the project(s).

The amounts allocated to the defaulting contractor or the defaulting fellow(s) must, where appropriate, be repaid.

Interest at the rate applied by the European Central Bank for its main refinancing operations on the first day of the month during which the contractor has received the funds, plus two percentage points, shall be added to the amount to be repaid. The interest shall cover the period between the receipt of the funds and their repayment.

6. Notwithstanding the termination of the contract, the following provisions shall continue to apply after that date subject to the limits specified therein, as the case may be:

- Articles 5, 6 and 8 of this contract;

- Article 3(2) (e) and (g), Article 4(1) (i), Article 5(3) and (4), Article 6(5), Article 7, Articles 9 to 11 and Article 14 of this Annex.

The contractor shall submit the project deliverables relating to the work performed until the date of termination of the contract.

to the top of this page

Part B : Rules relating to intellectual and industrial property, publicity and confidentiality

Article 9 - Ownership of knowledge

1. The terms of allocation and of exercising the ownership, as between the contractor and
each fellow , of the knowledge resulting from the project shall be determined by the contractor in compliance with the applicable law.

2. In the case of joint ownership of the knowledge resulting from the project , the owners shall agree among themselves on the allocation and the terms of exercising the ownership of
the knowledge in accordance with this contract.

3. Where the owner(s) of knowledge under paragraph 1 of this Article transfer(s) ownership of knowledge , he or she (they) shall take steps or conclude agreements to pass on his/her (their) obligations under this contract to the assignee, in order to take account, inter alia , of the interests of the Community and in compliance with international agreements concluded by the Community.

to the top of this page

Article 10 - Protection of knowledge
1. The owner(s) of the knowledge shall provide adequate and effective protection for it in compliance with the applicable law.

2. While respecting the legitimate interests of the contractor , the contractor shall determine jointly with each fellow the modalities of the dissemination of results taking into account the necessity of protection of knowledge .

to the top of this page

Article 11 - Publicity and confidentiality

1. Any communication, publication or dissemination, whatever the medium (including
the Internet), concerning the state of progress of the project(s) or concerning the knowledge, shall mention the programme under which the work has been executed or the knowledge obtained, and the type of support provided by the Community. It shall state that the author is solely responsible for the information communicated, published or disseminated and that it does not represent the opinion of the Community, and that the Community is not responsible for any use that might be made of data appearing therein.

Where the use of the European emblem is envisaged, prior approval shall be required from the Commission. Standards, in particular with regard to graphics, in force within the Commission must be complied with.

2. The Commission may disseminate, by any appropriate means and for as long as necessary, general data relating in particular to the objectives, the Community’s financial contribution, the duration and the state of progress of the project(s) and the knowledge described in the final scientific report.

The legal designation of the participants and the names of the laboratories carrying out the work shall also be published unless the contractor or the fellow(s) objects to this in advance on the basis of essential reasons of an industrial or commercial character which are duly justified.

3. Without prejudice to paragraphs 1 and 2 of this Article, the Commission, the contractor and the fellow(s) shall be required to keep confidential any data, knowledge and documents communicated to them on a confidential basis or the disclosure of which may be prejudicial to one of them.

This obligation shall no longer apply:

  • where the content of those data, knowledge and documents becomes publicly available through work or actions lawfully performed outside this contract and not based on activities under it;
  • where those data, knowledge and documents have been communicated without
    any confidentiality restrictions or where the disclosing party subsequently waives
    their confidentiality.

4. Where this contract provides for the communication of any data, knowledge or document referred to in paragraph 3 of this Article, the Commission, the contractor and the fellow(s) shall first satisfy themselves that the party receiving data, knowledge and documents will keep them confidential and use them only for the purpose for which they are to be communicated.

to the top of this page

Part C : Costs

Article 12 - Contributions allocated to the fellow(s ) and the contractor

The flat rate amount referred to in Article 3(1) of this contract shall cover the following costs:

1. For the benefit of each fellow :

A monthly allowance contributing to the costs of the stay at the Marie Curie training site .

2. For the benefit of the contractor :

(a) A monthly flat-rate amount paid as a contribution towards the total research and management costs, which the contractor is required to cover; these costs, connected to hosting the fellow(s) and the implementation of the project(s) , include the cost of publication of the results of the research, the fellow s’ ( fellows’ ) participation at conferences or other scientific events deemed necessary or useful for a proper performance of the project(s) , and, if applicable, inscription fees and costs for doctoral courses . This contribution takes into account, where necessary, the experimental laboratory based nature of the research work.

(b) A monthly flat-rate amount paid as a contribution towards the total return travel costs between the fellows’ ( fellows’ ) last country of activity and the host country, which the contractor is required to cover.

to the top of this page

Article 13 - Revision

In case of an increase of the amount for the benefit of a fellow , the new amount shall apply from the date the revision decision takes effect.

to the top of this page

Part D : Auditing

Article 14 - Technical verification and audit

1. The Commission, or any representative authorised by it, may initiate a technical verification or an audit of the project(s) at any time during the contract and up to five years after each payment of the Community contribution, in order to verify that the project(s) is (are) being or has (have) been carried out in accordance with the conditions indicated by the contractor .

The verification procedure shall be deemed to be initiated on the date of receipt of the relevant registered letter with acknowledgement of receipt by the Commission.

It shall be carried out on a confidential basis.

2. The Commission or any authorised representative may have access, at any reasonable time, in particular, to the locations and premises where the work is being carried out, the personnel of the contractor connected with the project(s) and any document concerning the work, computer records and equipment that it considers relevant. In this connection, it may request that data be handed over to it in an appropriate form in order, for instance, to ascertain that the Community's financial contribution is used in compliance with Annex I to the contract.

The Commission shall take appropriate steps to ensure that its authorised representatives treat confidentially the data to which they have access or which have been provided to them.

3. Prior to the carrying out of the technical verification and the audit, the Commission shall communicate to the contractor the identity of the authorised representatives who are intended to perform the verification. It shall take account of objections on the part of the contractor in so far as they are based on legitimate interests .

4. The contractor shall provide appropriate assistance to the Commission or its authorised representatives.

5. On the basis of the findings made during the audit, a provisional report shall be drawn up. It shall be sent by the Commission to the contractor , who may make observations thereon within one month of receiving it.

The final report shall be sent to the contractor . The latter may communicate its observations to the Commission within one month of receiving it. The Commission may decide not to take into account the observations conveyed after that deadline.

On the basis of the conclusions of the audit, the Commission shall take all appropriate measures, which it considers necessary, including the issuing of a recovery order regarding all or part of the payments made by it.

6. The Court of Auditors may verify the use made of the Community's financial contribution in the framework of this contract, on the basis of its own rules.

next