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Accession of 10 new Member States to the European Union
Effects of Article 32 of the accession treaty on participation in FP6




Conclusion:
The accession treaty stipulates that no financial commitment can be concluded to the benefit of these countries between 1.1.2004 and 30.04.2004. However, this is not an obstacle for the participation of organisations from these countries in FP6 .

The administrative arrangements below should provide for a smooth transition of the status of the 10 future Member States from Associated States to Member States, as concerns their participation in FP6. In particular, the eligibility of costs incurred between 1.1.2004 and 30.4.2004 by contractors from these countries can be assured. Even if the Member State status of any one of the Associated Candidate States is not confirmed on 1.05.04, legal entities from that state will continue to be able to participate as being established in an Associated State.


Administrative arrangements for contracts to be signed/projects to be started during this period from the 2004 budget:

1. Multipartner actions, where the coordinator is NOT from one of the ten future Member States:

  • The maximum EC contribution fixed in the contract can include the part covering the estimated costs of any participants from the 10 future Member States.
  • The contract will comprise a special clause stating that the accession of contractors from the ten future Member States will enter into force only on 1.5.2004. However, costs incurred by these contractors are eligible from the start date of the project, even if this is before 1.5.2004 (retroactivity).

2. Multipartner actions, where the coordinator is from one of the ten future Member States:

There are two possible solutions:

  • Either: to delay the conclusion of the contract to 1.5.2004, without affecting the possibility of fixing the whole contribution for all partners and the full duration and a start date of the project before 1.5.2004.
  • Or: to replace the coordinator for the period between contract signature and 1.5.2004. A special clause in the contract would foresee that on 1.5.2004 the originally chosen coordinator from one of the ten future Member States will take over.

3. Single partner actions where the contractor is from one of the ten future Member States:

There are two possible solutions:

  • Either: to delay the conclusion of the contract to 1.5.2004
  • Or: to conclude the contract before 1.5.2004 (if requested by a contractor). In this case, the contract will have a clause stipulating that it enters into force only on 1.5.2004, without affecting the eligibility of costs incurred before that date if a project start date before 1.5.2004 is fixed in the contract.

4. Contracts for evaluators or other experts

These contracts are not affected by Article 32.1 of the accession treaty. The nationality of an expert has no effect on his or her designation by the Commission