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Summary of financial issues and rules Duties of the management committees

This document provides a summary of financial issues and rules related to the duties of management committees in the project. It includes important documents such as the grant agreement, financial reports, and terms of reference for financial statements.

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Summary of financial issues and rules Duties of the management committees

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  1. Summary of financial issues and rules Duties of the management committees M. Dell’Orso & P. Giannetti University & INFN - Pisa

  2. What we have signed with EU? The Grant Agreement Important Documents included • PITN-GA-2012-324318 Grant agreement • Annex 1 FINAL Description of work • ANNEX-II-MC-MULTI_FINAL General conditions • ANNEX-III-MC-IAPP_FINAL Specific Provisions • ANNEX_IV_FINAL FORM A – ACCESSION OF BENEFICIARIES TO THE GRANT AGREEMENT • ANNEX_V_FINAL FORM B – REQUEST FOR ACCESION OF A NEW BENEFICIARY TO THE G A • ANNEX_VI_MULTI_3rd party_FINALSummary Financial Report - Form C - Financial Statement • ANNEX_VII_FORM_D_FINAL FORM D - TERMS OF REFERENCE FOR THE CERTIFICATE OF FINANCIAL STATEMENTS • ANNEX_VII_FORM_E_FINAL FORM E - TERMS OF REFERENCE FOR THE CERTIFICATE ON THE METHODOLOGY

  3. PITN-GA-2012-324318 • Article 1: Access to GA • Article 2: Scope • Article 3: Duration: 4 years from February 1 2013 (start date) • Article 4: Reporting periods P1: 1-24 months; P2: 25-48 months; English rep. • Article 5: Maximum financial contribution: EUR 1,594,681.90 • Article 6: Pre-financing: EUR 1,036,543.24 - Just arrived • EUR 79734.10 go to Guarantee fund • Article 7: project review at mid-term stage (attended by all); satisfactory completion of deliverables, milestones; periodic reports. • Article 8: Communication – emails, contact details • Article 9: Applicable Law and competent court • Article 10: Application of the Grant Agreement

  4. Annex II - PART A: IMPLEMENTATION of PROJECT • Section I - GENERAL PRINCIPAL • II.2 Consortium Organization & Coordinator role • All the beneficiaries form the consortium, represented towards the REA and the Commission by the coordinator, intermediary for any communication between the REA and any beneficiary…….. • The financial contribution shall be paid to the coordinatorwho receives it on behalf of the beneficiaries. … discharges the REA from its obligation on payments. • The coordinator shall: • administerthe financial contribution of the Union ….. The coordinator shall ensure that all the appropriate payments are made to the other beneficiaries without unjustified delay; • keep the records and financial accounts making it possible to determine at any time what portion of the financial contribution of the Union has been paid to each beneficiary …; • inform the REA of the distribution of the financial contribution of the Union and the date of transfers to the beneficiaries... …; • review the reports to verify consistency with the project tasks before transmitting them to the REA; • monitor the compliance by beneficiaries with their obligations under this grant agreement.

  5. Beneficiaries shall fulfill the following obligations as a consortium: • provide all detailed data requested by the REA for the proper administration of this project; • carry out the project jointly and severally vis-à-vis the Union, taking all necessary and reasonable measures to ensure it is carried out in accordance with the terms and conditions of this GA • make appropriate internal arrangements consistent with the provisions of this grant agreement to ensure the efficient implementation of the project. These internal arrangements could take the form of a written consortium agreement governing inter alia the following: • the internal organisation of the consortium including the decision making procedures; • rules on dissemination and use, and access rights; • the distribution of the financial contribution of the Union; • the settlement of internal disputes, including cases of abuse of power; • liability, indemnification and confidentiality arrangements between the beneficiaries • engage, whenever appropriate, with actors beyond the research community and with the public in order to foster dialogue and debate on the research agenda, on research results and on related scientific issues with policy makers and civil society; create synergies with education at all levels and conduct activities promoting the socioeconomic impact of the research. • allow the REA to take part in meetings concerning the project.

  6. II.3. Specific performance obligations of each beneficiary (third parties) • carry out the work to be performed, as identified in Annex I. However, … it may call upon third parties to carry out certain elements, according to the conditions established in Article II.7 or any special clause in Article 7. The beneficiary may use resourcesthat are made available by third parties in order to carry out its part of the work; • ensure that any agreement or contract related to the project, entered into between the beneficiary and any third party contain provisions that this third party, including the auditor providing the certificate on the financial statements or on the methodology, shall have no rights vis-à-vis the REA ..under this GA; • ensure that the rights of the REA, the Commission and the Court of Auditors to carry out audits are extended to the right to carry out any such audit or control on any third party whose costs are reimbursed …. by ….the Union, on the same terms and conditions as those indicated in this GA; • ensure that the conditions applicable to it under Articles II.4.4, II.10, II.11, II.12, II.13, II.14 and II.22 are also applicable to any third party whose costs are claimed ..according to the provisions of this GA; • ensure that the tasks assigned to it are correctly and timely performed; • inform the other beneficiaries and the REA through the coordinator in due time of: • the names of the person(s) who shall manage and monitor its work…….; • any event which might affect the implementation of the project and the rights of the Union; • any change in its legal name, address and of its legal representatives, and any change of its legal, financial, organisational or technical situation …, change of status as regards non-profit public bodies, secondary & higher education establishments, research organisations and SMEs; • any circumstance affecting the conditions of participation referred to in the Rules for Participation, the Financial Regulation and its Implementing Rules or of any requirements of the GA, especially if and when any eligibility criteria cease(s) to be met during the duration of the project.

  7. provide the REA, the Commission including the European Anti-Fraud Office (OLAF) and the Court of Auditors directly with all information requested in the framework of controls and audits; take part in meetings concerning the supervision, monitoring and evaluation of the project which are relevant to it; take all necessary steps to avoid commitments that are incompatible with the obligations provided for in this GA and inform the other beneficiaries and the REA of any unavoidable obligations which may arise during the duration of the GA which may have implications for any of its obligations under the GA; ensure that it complies with the provisions of the State aid framework; carry out the project in accordance with fundamental ethical principles; endeavourto promote equal opportunities between men and women in the implementation of the project; have regard to the general principles of the Commission Recommendation of 11 March 2005 on the European Charter for Researchers and the Code of Conduct for the Recruitment of Researchers, in particular concerning the working conditions, transparency of recruitment processes, and career development of the researchers recruited for the project; take every necessary precaution to avoid any risk of conflict of interest relating to economic interests, political or national affinities, family or emotional ties or any other interests liable to influence the impartial and objective performance of the project.

  8. Section 2 – REPORTING AND PAYMENTS • II.4. Reports and deliverables • The consortium shall submit a periodic report to the REA … within 60 days after the end of each respective period. The report shall comprise: • an overview, ..a publishable summary, of the progress of work towards the objectives of the project, including …. any milestones and deliverables identified in Annex I. This report should include the differences between work expected to be carried out … & that actually carried out, • an explanation of the use of the resources, and • a financial statement , from each beneficiary together with a summary financial report consolidating the claimed contribution of the Union of all the beneficiaries in an aggregate form, based on the information provided in Form C (Annex VI) by each beneficiary. • The consortium shall submit a final report to the REA within 60 days after the end of the project. The report shall comprise: • a final publishable summary report w results, conclusions, socio-economic impact of the project. • a report covering the wider societal implications of the project, including gender equality actions, ethical issues, efforts to involve other actors and spread awareness as well as the plan for the use and dissemination of foreground. • The coordinator shall submit a report on the distribution of the financial contribution of the Union between beneficiaries. This report must be submitted 30 days after receipt of the final payment.

  9. A certificate on the financial statements shall be submitted for claims of interim payments and final payments when the amount of the financial contribution of the Union claimed by a beneficiary .. is equal to or superior to EUR 375.000 (UNIPI & CAEN), when cumulated with all previous payments for which a certificate on the financial statements has not been submitted. This certificate must be forwarded in the form of a detailed description verified as factual by its external auditor (FormD - Annex VII). Certificates on the financial statements shall certify that the costs claimed and the receipts declared during the period for which they are provided, as well as the declaration of the interest yielded by the pre-financing meet the conditions required by this GA. Where third parties’ costs are claimed under the grant agreement, such costs shall be certified in accordance with the provisions of this Article. The auditor shall include in its certificate that no conflict of interest exists between itself and the beneficiary in establishing this certificate. The Commission may, at its sole discretion, accept at the request of a beneficiary, that it submits a certificate on the methodology for the calculation of costs, which it used to prepare its claims with regard to both personnel and indirect costs, and the related control systems. This certificate must be forwarded in the form of a detailed description verified as factual by its external auditor (Form E - Annex VII). When this certificate is accepted by the Commission, the requirement to provide an intermediate certificate on the financial statements for claims of interim payments shall be waived. Certificates on the financial statements and on the methodology shall be prepared and certified by an external auditor and shall be established in accordance with the terms of reference attached as Annex VII to this grant agreement. Each beneficiary is free to choose any qualified external auditor, including its usual external auditor, provided that the cumulative following requirements are met: • i) the auditor must be independent from the beneficiary; • ii) the auditor must be qualified to carry out statutory audits of accounting documents in accordance with national legislation implementing the 8th Council Directive on statutory audits of annual account …………

  10. The consortium shall transmit the reports and other deliverables through the coordinator to the REA by electronic means. In addition, Form C, must be signedby the authorised person(s) within the beneficiary’s organisation, and the certificates on the financial statements and on the methodology must be signed by an authorised person of the auditing entity, and the originals shall be sent to the REA. In the case of the certificates on the methodology, the request for eligibility and the certificates have to be submitted directly to the Commission via the functional mailboxes as indicated in the Guidance Notes for Auditors and Beneficiaries on FP7 audit certification issues. The layout and content of the reports shall conform to the instructions and guidance notes established by the Commission. The reports submitted to the REA for publication should be of a suitable quality to enable direct publication and their submission to the REA in publishable form indicates that no confidential material is included therein. Deliverablesidentified in Annex I shall be submitted as foreseen therein. The REA may be assisted by external experts in the analysis and evaluation of the reports and deliverables.

  11. II.5. Approval of reports and deliverables, time-limit for payments • … REA shall evaluate project reportsand deliverablesrequired by the provisions of Annex I and disburse the corresponding payments within 105 days of their receipt unless the time-limit, the payment or the project has been suspended. • Payments shall be made after the REA's approval of reports and/or deliverables. The absence of a response from the REA within this time-limit shall not imply its approval. However, the REA should send a written reply to the consortium in accordance with paragraph 3. The REA may reject reports and deliverables even after the time-limit for payment. Approval of the reports shall not imply recognition of their regularity or of the authenticity of the declarations and information they contain and do not imply exemption from any audit or review. • After reception of the reports the REA may: • approve the reports and deliverables, in whole or part or make the approval subject to conditions. • reject the reports and deliverables by giving an appropriate justification and, if appropriate, start the procedure for termination of the GA in whole or in part. • suspend the time limit if one or more of the reports or appropriate deliverables have not been supplied, or are not complete or if clarification or additional information is needed or there are doubts about the eligibility of costs claimed in the financial statement and/or additional checks are being conducted. The suspension will be lifted from the date when the last report, ….. is received by the REA, or where the REA decides to proceed with an interim payment in part in accordance with paragraph 4. The REA shall inform the consortium in writing via the coordinator of any such suspension and the conditions to be met for the lifting of the suspension. Suspension shall take effect on the date when notice is sent by the REA. • suspend the payment at any time, in whole or in part for the amountintended or the beneficiary(ies) concerned: - if the work carried out does not comply with the provisions of the GA;………… • When the REA suspends the payment the consortium shall be informed of the reasons…..

  12. The REA may proceed with an interim payment in part if some reports or deliverables are not submitted as required, or only partially or conditionally approved. The reports and deliverables due for one reporting period which are submitted late will be evaluated together with the reports and deliverables of the next reporting period. On expiry of the time-limit for approval of the reports and payments, and without prejudice to suspension by the REA of this time-limit, the REA shall pay interest on the late payment, according to the conditions foreseen in the Financial Regulation and its Implementing Rules, at the rate applied by the European Central Bank for its main refinancing operations in Euros, plus three and a half points. …….This provision shall not apply to beneficiaries that are public bodies of the Member States of the European Union. Interest on late payment shall cover the period from the final date of the period for payment, exclusive, up to the date when the payment is debited to the Commission's account, inclusive. ………… The suspension of the time-limit, of payment or of the project by the REA may not be considered as late payment. At the end of the project, the REA may decide not to make the payment of the corresponding financial contribution of the Union subject to one month's written notice of non-receipt of a report, of a certificate on the financial statements or of any other project deliverable. The REA shall inform the coordinator of the amount of the final payment … and shall justify this amount. The coordinator shall have two months from the date of receipt to give reasons for any disagreement. After the end of this period such requests will no longer be considered and the consortium is deemed to have accepted the REA's decision. The REA undertakes to reply in writing within two months following the date of receipt, giving reasons for its reply. This procedure is without prejudice to the beneficiary’s right to appeal against the REA’s decision.

  13. II.6. Payment modalities 1. The REA shall make the following payments: a pre-financing in accordance with Article 6, for projects with more than one reporting period, the REA shall make interim payments of the financial contribution of the Union corresponding to the amount accepted for each reporting period. the REA shall make a final payment of the financial contribution of the Union corresponding to the amount accepted for the last reporting period plus any adjustment needed. ….. The total amount of the pre-financing and interim payments shall not exceed 90% of the maximum financial contribution of the Union defined in Article 5. Payments by the REA shall be made in Euro. Costs shall be reported in Euro. Beneficiaries with accounts in currencies other than the Euro shall report costs by using, either the conversion rate published by the European Central Bank that would have applied on the date that the actual costs were incurred, or its rate applicable on the first day of the month following the end of the reporting period. Beneficiaries with accounts in Euro shall convert costs incurred in other currencies according to their usual accounting practice. The bank account mentioned in Article 5.3 shall allow that the financial contribution of the Union and related interest are identified. Otherwise, the accounting methods of the beneficiaries or intermediaries must make it possible to identify the financial contribution of the Union and the interest or other benefits yielded. Any payment may be subject to an audit or review and may be adjusted or recovered based on the results of such audit or review. Payments by the REA shall be deemed to be effected on the date when they are debited to the Commission's account.

  14. SECTION 3 – IMPLEMENTATION • II.7. Subcontracting • A subcontractor is a third party which has entered into an agreement on business conditions with one or more beneficiaries, in order to carry out part of the work of the project without the direct supervision of the beneficiary and without a relationship of subordination. Where the beneficiary enters into a subcontract to carry out some parts of the tasks related to the project, it remains bound by its obligations to the REA and to the Commission and the other beneficiaries under the GA …... Provisions of this grant agreement applying to subcontractors shall also apply to external auditors who certify financial statements or a methodology. • Where it is necessary for the beneficiaries to subcontract certain elements of the work to be carried out, the following conditions must be fulfilled: • subcontracts may only cover the execution of a limited part of the project; • recourse to the award of subcontracts must be duly justified in Annex Ihaving regard to the nature of the project and what is necessary for its implementation; • recourse to the award of subcontracts by a beneficiary may not affect the rights and obligations of the beneficiaries regarding background and foreground; • Annex I must indicate the tasks to be subcontracted and an estimation of the costs; Any subcontract, the costs of which are to be claimed as an eligible cost, must be awarded according to the principles of best value for money (best price quality ratio), transparency and equal treatment. Subcontracts concluded on the basis of framework contracts entered into between a beneficiary and a subcontractor, prior to the beginning of the project in accordance with the beneficiary's usual management principles may also be accepted. • Beneficiaries may use external support services for assistance with minor tasks that do not represent per se project tasks as identified in Annex I.

  15. II.8. Suspension of the project The coordinator shall immediately inform the REA of any event affecting or delaying the implementation of the project. The coordinator can propose to suspend the whole or part of the project if force majeure or exceptional circumstances render its execution excessively difficult or uneconomic. The coordinator must inform the REA without delay of such circumstances, including full justification and information related to the event, as well as an estimation of the date when the work on the project will begin again. The REA may suspend the whole or part of the project where it considers that the consortium is not fulfilling its obligations according to this grant agreement. The coordinator shall be informed without delay of the justification for such an event and the conditions necessary to reinstate the work again. The coordinator shall inform the other beneficiaries. This suspension takes effect 10 days after the receipt of the notification by the coordinator. During the period of suspension, no costs may be charged to the project for carrying out any part of the project that has been suspended. The suspension of the whole or part of the project may be lifted once the parties to the grant agreement have agreed on the continuation of the project and, as appropriate, any necessary modification, including extension of the duration of the project, has been identified by means of a written amendment. II.9. Confidentiality II.10. Communication of data for evaluation, impact assessment and standardisation Purposes II.11. Information to be provided to Member States or Associated Countries II.12. Information and communication - highlight EU SUPPORT II.13. Processing of personal data

  16. PART B FINANCIAL PROVISIONS • SECTION 1 – GENERAL FINANCIAL PROVISIONS • II.14. Eligible costs of the project • Costs incurred for the implementation of the project shall meet the following conditions in order to be considered eligible: • they must be actual; • they must be incurred by the beneficiary; • they must be incurred during the duration of the project, with the exception of costs incurred in relation to final reports and …as well as certificates on the financial statements …. and final reviews if applicable, which may be incurred during the period of up to 60 days after the end of the project….; • they must be determined in accordance with the usual accounting and management principles and practices of the beneficiary. The accounting procedures used in the recording of costs and receipts shall respect the accounting rules of the State of the beneficiary. ……… • they must be used for the sole purpose of achieving the objectives of the project and its expected results, following ….the principles of economy, efficiency and effectiveness; • they must be recorded in the accounts of the beneficiary; in the case of any contribution from third parties, they must be recorded in the accounts of the third parties; • they must be indicated in the estimated overall budget in Annex I. • Costs incurred by third parties in relation to resources they make available free of charge to a beneficiary, can be declared by the beneficiary provided they meet the conditions ………. • Costs entailed by a sub-contract awarded by the beneficiary for the purposes of carrying out the project are eligible provided that the conditions laid down in Article II.7 are met. • Follows a list of costs to be considered as non-eligible; may not be charged to the project:

  17. II.15. Identification of direct and indirect costs • Direct costs are all those eligible costs which can be attributed directly to the project and are identified by the beneficiary as such, in accordance with its accounting principles and its usual internal rules. • Direct eligible costs may take the form either of actual eligible costs, and/or flat-rates and/or lump sums. The conditions for reimbursement of direct eligible costs are defined in Annex III. • Direct personnel costs concerning the appointed researcher are eligible for the work carried out in the frame of the project. • As a general rule, the appointed researcher must devote him/herself full-time and continuously to the project …... However, in specific and duly justified cases, as established in Annex III, the researcher may devote him/herself part-time for reasons connected to personal or family circumstances and his/her activities under the project may be carried out in several phases. …… • Personnel costs other than those concerning the researcher appointed under the project are eligible where expressly foreseen in Annex III. In this case only the costs of the actual hours worked by the persons directly carrying out work under the project may be charged. Such persons must: • be directly hired by the beneficiary in accordance with its national legislation, • work under the sole technical supervision and responsibility of the latter, and • be remunerated in accordance with the normal practices of the beneficiary. • Costs related to parental leave for persons who are directly carrying out the project are eligible costs, in proportion to the time dedicated to the project, provided that they are mandatory under national law.

  18. Direct costs for management of the consortium activities include: • maintenance of the consortium agreement, if it is obligatory, • the overall legal, ethical, financial and administrative management including, for each of the beneficiaries, • obtaining the certificates on the financial statements and on the methodology and costs relating to financial audits and technical reviews, • implementation of competitive calls by the consortium for the participation of new beneficiaries, where required by Annex I of this grant agreement, • any other management activities foreseen by the annexes, except coordination of research and technological development activities. • SME owners who do not receive a salary and other natural persons who do not receive a salary shall charge as personnel costs a flat rate based on the ones used in the People Specific Programme for researchers with full social security coverage, adopted by Council Decision No 2006/973/EC7, and specified in the annual Work Programmeof the year of the publication of the call to which the proposal has been submitted. • The value of the personal work of those SME owners and natural persons shall be based on a flat rate to be determined by multiplying the hours worked in the project by the hourly rate to be calculated as follows: …….. The total number of hours claimed for European Union projects in a year cannot be higher than the standard number of productive hours per SME owner/natural person. • The value of the personal work shall be considered as a direct eligible cost of the project. • 6. Indirect costs are all those eligible costs which cannot be identified by the • beneficiary as being directly attributed to the project but which can be identified and • justified by its accounting system as being incurred in direct relationship with the • eligible direct costs attributed to the project. A flat rate calculated on the basis of the direct eligible …….

  19. II.16. Receipts of the project Receipts of the project may arise from: a) Resources made available by third parties to the beneficiary by means of financial transfers or contributions in kind which are free of charge: …… b) Income generated by the project……. ……… The financial contribution of the Union cannot give rise to any profit for any beneficiary. For this purpose, at the time of the submission of the last financial statement, the final amount of the financial contribution of the Union will take into account any receipts of the project received by each beneficiary. For each beneficiary, the financial contribution of the Union cannot exceed the eligible costs minus the receipts for the project. The total amount of payments by the Union shall not exceed in any circumstances the maximum amount of the financial contribution of the Union referred to in Article Without prejudice to the right to terminate the grant agreement under Article II.37, …….. Financing in the form of flat rates and/or lump sums is limited to the amounts established in Annex I. If the conditions or grounds for granting these contributions are not fulfilled or are only partially fulfilled on completion of the project, the REA shall withdraw or reduce the contribution in line with the actual extent of fulfilment of the conditions or requirement II.18. Interest yielded by pre-financing provided by the REA ………. II.17. The financial contribution of the Union SECTION 3 – CONTROLS AND SANCTIONS II.21. Financial audits and controls II.22. Technical audits and reviews II.23. Liquidated damages II.24. Financial penalties SECTION 2 – GUARANTEE FUND AND RECOVERIES II.19. Guarantee Fund II.20. Reimbursement and recoveries

  20. Part C INTELLECTUAL PROPERTY RIGHTS, USE AND DISSEMINATION SECTION 1 – FOREGROUND II.25.Ownership II.26. Transfer II.27. Protection II.28. Use II.29. Dissemination SECTION 2 – ACCESS RIGHTS II.30. Background covered II.31. Principles II.32. Access rights for implementation II.33. Access rights for use II.34. Competitive calls II.35. Requests for amendments and termination at the initiative of the consortium II.36. Approval of amendments and termination requested by the consortium II.37. Termination of the grant agreement or of the participation of one or more beneficiaries at the REA’s initiative II.38. Financial contribution after termination and other termination consequences II.39. Force majeure II.40. Assignment II.41. Liability

  21. Annex III PA RT A: IMPLEMENTATION of PROJECT • III.1 - Definitions • III. 2 – Performance obligations • In addition to the obligations identified in Article II.2.4, the consortium shall: • take all necessary measures to recruit at least 40% women researchers in FTK; • organisea mid-term review meeting between its representatives and the REA in the frame of this project. …. shall agree the venue and the agenda for the meeting at least two months in advance of it; • take decisions on any re-distribution of the indicative allocation of the researcher-months to be selected on the project as per the respective table in Annex I, and inform beforehand the REA of any such transfers through the submission of an updated table. The REA reserves the right not to accept the proposed re-distribution, in cases detrimental to the proper implementation of the project. • ensure that secondments represent at least 50% of all the researcher-months supported by the project; • ensure that no more than 30% of the researcher-months of the project are used for secondments between beneficiaries established in the same country; • In addition to the obligations in Article II.3, the beneficiary home organisationshall: • select each researcher according to the eligibility criteria set forth in Article III.3 ….; • conclude an agreement with each researcher appointed under the project, in accordance with the provisions of Article III.4; • host the newly recruited researcher for the period(s) specified in the agreement; • ensure that the newly recruited researcher is covered under the social security legislation applicable according to Title II of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004;

  22. ensure that the newly recruited researcher enjoys the same standards of safety and occupational health as those applicable to local researchers holding a similar position; • execute by the due dates all payments for which it is responsible, in accordance with the agreement provided for in Article III.4; • throughout the duration of the GA provide the means, including the infrastructure, …, for implementing the project in the scientific and technical fields concerned and to make these means available to the newly recruited researcher, as necessary; • provide reasonable assistance to the researchers in all administrative proceduresrequired by the relevant authorities ……, such as visas and work permits required ….; • ensure that each researcher will work under the project for the time specified in the agreement; • commit by contractual means to host the staff member researcher on his/her return for at least 12 months following the secondment period, and maintain for at least these 12 months his/her appointment contract in force prior to the secondment period; • take measures to ensure that each researcher completes the evaluation questionnaires, provided by the REA at the end of the researcher knowledge sharing and inter-sector mobility activities; • contact each researcher two years after the end of the project in order to invite him/her to complete the follow-up questionnaires, provided by the REA; • transmit to the REA the completed questionnaires mentioned in point k) and l).

  23. In addition to the obligations in Article II.3, each beneficiary receiving organisation shall: • conclude, together with the beneficiary home organisation, an agreement with each staff member researcher hosted for a secondment period under the project, in accordance with the provisions of Article III.4 and host the concerned staff member researcher for the period(s) specified in the agreement; • during the secondment period, ensure that the staff member researcher is covered under the social security legislation applicable according to Title II of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004; • during the secondment period, ensure that the staff member researcher enjoys the same standards of safety and occupational health as those applicable to local researchers holding a similar position; • execute, by the due dates, all payments for which it is responsible, in accordance with the agreement provided for in Article III.4; • provide, throughout the duration of the GA, the means, including the infrastructure, …..for implementing the project in the scientific and technical fields concerned ….; • provide reasonable assistance to the staff member researcher in all administrative procedures such as visas and work permits …….; • ensure that each staff member researcher will work under the project for the time specified in the agreement; • take all necessary and reasonable measures to ensure the return of the staff member researcher after the secondment period to his/her beneficiary homeorganisation;

  24. In addition to the obligations identified in Article II.3, each beneficiary shall inform the REA of any event which might affect the implementation of the project and the rights of the Union and ….. and any requirements of the grant agreement, including: • - any change of control; • - any significant modification relating to the agreement; • - any modification relating to the information having served as a basis for the recruitment of a researcher; • - parental leave at the request of a researcher and its consequences pursuant to the applicable national law, in particular its duration, its financial implications and the legal and contractual obligations of the beneficiary during this period.

  25. III. 3 –Selection of the researcher(s) • In accordance with the conditions mentioned below, the beneficiary home organisationshall select, in agreement with the beneficiary receiving organisationconcerned the necessary number of researchers according to the objectives of the project and the indicative distribution as referred to in Annex I. • Criteria for eligibility of newly recruited researcher(s): To be eligible, each newly recruited researcher must simultaneously fulfilthe following criteria at the time of recruitment by the beneficiary home organisation concerned in the frame of this project. • Nationality - any nationality. • Mobility At the time of recruitment the newly recruited researcher must not have resided or carried out his/her main activity in the country of the beneficiary, for more than 12 months in the 3 years immediately prior to his/her recruitment under the project. Compulsory national service and/or short stays such as holidays are not taken into account. …….. • Qualifications and research experience: To be eligible, the newly recruited researcher must be an experienced researcher who at the time of recruitment was not a staff member researcher. • Criteria for the eligibility of staff member researcher(s) to be eligible for a secondment period, a staff member researcher must be an early stage or an experienced researcher, or a technical and research managerial staff. … staff member researchers must have been active continuously for at least 12 months (full time equivalent) at the premises of the beneficiary home organisationprior to the start of the first secondmentperiod.

  26. Criteria for eligibility of researcher's knowledge sharing and inter-sector mobility activities: • DurationNewly recruited researchers will be recruited under the project for a periodbetween 12 and 24 months (full-time equivalent). The secondment period carried out by a staff member researcher can have a duration of at least 2 months up to a maximum of 24 months (full-time equivalent). • The researcher must devote him/herself full-time to his/her knowledge sharing and inter-sector mobility activities. Only for duly justified reasons associated • with personal or family circumstances, may the researcher be allowed to • devote him/herself part-time to his/her knowledge sharing and inter-sector • mobility activities. The secondment period spent under the project can be split • in several stays not exceeding 24 months in total and not going beyond the • project duration. The duration of each phase shall have significance for the • knowledge sharing and inter-sector mobility activities and form a coherent part • of them or on the contrary, be justified on grounds of family reasons of the • researcher. • ContentThe knowledge sharing and inter-sector mobility activities must consist of activities within a scientific and technological area in the framework of the project defined in Annex I.

  27. Recruitment procedure • Publication of vacancies The beneficiaries are required to publicize internationally the vacancies available in the framework of the project for newly recruited researchers to as many potential applicants as possible using all appropriate means of advertising (press, posters, websites, internet, information at conferences, etc.). The beneficiaries are also required to publish the vacancies on the EURAXESS portal through the EURAXESS job vacancy tool. • Recruitment criteria The beneficiary home organization must select the newly recruited researchers following open, transparent, impartial and equitable selection procedures, on the basis of: • their scientific skills and the relevance of their research experience with the research area set out in Annex I; • their ability to carry out the knowledge sharing and inter-sector mobility activities; • their conformity with the required criteria for eligibility of the researcher as defined in paragraph 2 and 3 of this Article. • Equal opportunities Pursuant to Article III.2.1.a), the beneficiaries will endeavor to ensure a fair female representation by promoting genuine equal access opportunities between men and women throughout the recruitment. To that end, they shall encourage female candidates to apply, and pay particular attention to ensure no gender discrimination in the application of the criteria referred to in Article III.3.5.b).

  28. III. 4 - The beneficiaries' relationship with the researcher The agreement shall determine, in accordance with the GA the conditions for implementing the knowledge sharing and inter-sector mobility activities and the respective rights and obligations of the researcher, the beneficiary home organisationand, for secondment periods, the beneficiary receiving organisation concerned. The GA including any possible amendments shall be annexed to the agreement. An original of the agreement must be kept by the beneficiary(ies) concerned for the purposes of audit for the period mentioned in Article II.21.3. Within 20 days from the signature of the agreement, the beneficiary shall submit, through the relevant electronic system indicated by REA a declaration on the conformity of this agreement with this grant agreement. The beneficiary home organisationshall register the recruitment and update the list and description of vacancies available, following the layout and procedures communicated by the REA.

  29. Notwithstanding specific issues …., the agreement shall specify in particular: • the name of the scientist(s) in charge supervising the knowledge sharing and inter-sector mobility activities …….as well as a description (abstract) of these activities; • the amounts that the researcher is entitled to receive from the beneficiary home or receiving organisation, pursuant to this GA and the arrangements for payment of the amounts due to the researcher. ……The correction coefficients to be applied are those applicable to the beneficiary home organisation ……; • any additional contribution paid to the researcher by the beneficiary(ies) concerned and/or any other body for the purpose of this project and …….; • any amount deducted, subject to a legal justification; • that, the researcher, for his/her … activities, shall not be allowed to receive other incomes than those received from the beneficiary(ies) and/or ……; • the conversion and exchange rate(s) used, including the reference date(s) and source(s), when payments are made in a national currency other than the Euro; • the law applicable to the agreement; • social security coverage provided to the researcher, in conformity with Article III.2.2.d); • provisions for annual and sickness leave according to the internal rules of the beneficiary where the …….activities are carried out; • that the researcher must devote him/herself full-time to his/her … activities unless there are duly justified reasons connected to personal or family circumstances; • the description and the timetable for the implementation of the …. activities, in case that those activities are split in several separate periods • total duration, the nature and the date of entry into force of the agreement, provided that the requirements set forth in Article … are respected and that the working conditions are comparable to those applied to local researchers with similar position;

  30. the location(s) where the …activities will take place; that the researcher shall inform the beneficiary(ies) concerned, as soon as possible, of circumstances likely to have an effect ……, such as pregnancy or sickness; the arrangements between the beneficiary(ies) and the researcher during and after the ….activities relating to intellectual property rights, in particular the access to background, the use of foreground, publicity and confidentiality provided that they are compatible with the provisions in articles II. 9, II.12, II.25-33 and Articles III.6, III.7, III.9 and III. 10; the express guarantee from the beneficiary home organisationthat the appointment contract in force before the secondment period will be maintained for at least 12 months after the secondmentperiod; the commitment of the staff member researcher to return after the secondmentperiod to the beneficiary home organisationpremises for at least 12 months; that the researcher shall commit him/herself to complete, sign and transmit to the beneficiary home organisationthe evaluation and follow up questionnaires referred to in points k) and l) of Article III.2.2; that the researcher will acknowledge the support of the Union under the Marie Curie Industry-Academia Partnership and Pathways in any related publications or other media in accordance with Article III.7; that the researcher has been made aware of the eligibility criteria he/she has to fulfill at the time of recruitment in order to be eligible under the project. The payment arrangements referred to in paragraph 1.b) of this Article shall be based on the principle of monthly payments in arrears unless this is contrary to the applicable law mentioned in paragraph 1.g) of this Article. The beneficiaries must provide for payments to the researcher from the beginning of his/her recruitment as well as for payment of the full amounts allocated for the benefit of the researcher at the latest at the end of the project.

  31. III.5 – Reports and deliverables In addition to the reports mentioned in Article II.4, the consortium shall submit: a progress report, within 30 days after the end of each project year when reports foreseen in Article II.4 are not due; a mid-term review report, to be the basis of a discussion at the mid-term review meeting referred to in Article III.2.1.b. This report shall be submitted at least one month before the date of the meeting. III. 6 – Confidentiality The beneficiaries shall ensure that the researcher has the same rights and that he/she shall comply with the same obligations as the concerned beneficiary, as referred to in Article II.9. III. 7 – Publicity The beneficiaries shall ensure that the researcher has the same rights and that he/she shall comply with the same obligations as the concerned beneficiary, as referred to in Article II.12.

  32. PART B - FINANCIAL PROVISIONS III. 8 – Eligible Costs Costs may be charged to the GA provided that they comply with the provisions set forth in Part B of Annex II. In particular, costs related to the knowledge sharing and inter-sector mobility activities carried out under the project may be reimbursed by the REA as follows: Monthly living allowance for the period of the knowledge sharing and inter-sector mobility activities This is a flat rate set out in Annex I exclusively for the benefit of the researcher appointed under the project according ……. This flat rate is set out on the basis of a full-time appointment of the researcher under the project (in case of a part-time …..). Newly recruited researchers shall be recruited under an employment contract except where national regulation would prohibit this possibility. …….. During secondment periods, the beneficiary home organisation in agreement with the beneficiary receiving organisation and in accordance with the indicative distribution as per the respective table in Annex I, can opt between appointing the researcher under an employment contract or a status equivalent to a fixed-amount fellowship …... In case of an employment contract, the researcher may not receive a full or part-time salary from another employment contract, not excluding the possibility of an additional contribution paid by the beneficiary, ….. The reference rates indicated in the Work Programme for researchers recruited under an employment contract include all compulsory deductions under national legislation in the context of this GA. Any status proposed to the researcher equivalent to a fixed amount fellowship shall be compatible with the applicable legislation of the beneficiary host organisation and shall ensure that social security coverageincluding at least the branches foreseen in Article 3(1) a), b), c) and f)of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, has been provided to the researcher, but not necessarily paid from the Union contribution for the fixed-amount fellowship.

  33. Monthly living allowances applicable are those established in the relevant Work Programme. • In case of parental leave, the REA may decide, upon written request of the researcher and the beneficiary submitted with the final reports at the end of the project, to augment the sum of the European Union contribution for the reimbursement of compulsory and non-recoverable costs under the applicable national law. Calculated on a monthly basis, the contribution shall not exceed the difference between the compensation received by the researcher under his/her social security coverage mentioned under Article III.4.1.g) and h) and the amount of the contribution defined in Article III.8.1. • Monthly mobility allowance A monthly mobility allowance is a flat rate allowance to cover expenses linked to the personal household, relocation and travel expenses of the recruited researcher and his/her family in the host country. ….In case of secondment, the researcher is entitled to the mobility allowance if he/she has undertaken a physical transnational mobility at the start of the secondmentperiod. The reference rates applicable are those established in the Work Programmeforeseen for the following categories of researcher: i) researcher with family charges; (ii) researcher without family charges. In this context, family is defined as persons linked to the researcher by: • marriage, or • a relationship with equivalent status to a …… • dependent children being maintained by the researcher. • the correction coefficients indicated in the Work Programmeshall be applied to the above mentioned monthly living and mobility allowances. In case of secondment, the correction coefficients to be applied are those applicable to the beneficiary receiving organisation. The REA reserves the right to apply to the ongoing grant agreements revisions of the correction coefficients published in the Work Programme in case of an increase of the coefficient equal or superior to 10%. ……...

  34. Contribution to the training expenses of eligible researchers and research/transfer of knowledge programme expenses This is a flat rate contribution according to the reference rates established in the Work Programmeto contribute for expenses related to the participation of eligible researchers in training activities; expenses related to research costs; to the execution of the partnership project, to the transfer of knowledge activities, and contribution to the expenses related to the co-ordination between beneficiaries. Costs mentioned in Article II.15.5 shall be eligible. Management activities Reimbursement of costs for management activities of the project: the maximum share of the Union contribution which may be charged to the project is 10%. Indirect costs A flat rate of 10% of the direct eligible costs, excluding direct eligible costs for subcontracting and the cost of resources made available by third parties which are not used on the premises of the beneficiary, may be charged to the project to cover the indirect costs of the project. By derogation from Article 5.2, transfers of budget from the monthly living and mobility allowances to the amounts allocated for the categories 3 to 5, as detailed in the Table 3.3 of the Annex 3 of the Work Programme, are not allowed. Allowances and flat rates referred to in Article III.8 shall be calculated according to the rates established in the applicable annual Work Programme, under which the relevant call for proposals was adopted.

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