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European Solidarity Corps Framework Partnership Agreement – Special Conditions, General Conditions
Volunteering Partnerships: December 2018
Agreement number: [complete]
FRAMEWORK PARTNERSHIP AGREEMENT
FOR ACTION GRANT VOLUNTEERING PROJECTS UNDER THE EUROPEAN
SOLIDARITY CORPS1
FRAMEWORK AGREEMENT NUMBER –
[EPLUS LINK Generated No.]
This Framework Partnership Agreement ("the Framework agreement") is concluded between
the following parties:
On the one part,
[full official name of the NA]
[official legal form]
[official registration No]
[official address in full]
[VAT number],
The National Agency (hereinafter referred to as "the NA"), represented for the purposes of
signature of this Agreement by [function, forename and surname], and acting under
delegation by the European Commission, hereinafter referred to as “the Commission”,
and
on the other part,
“the partner”
[full official name of the partner]
[official legal form] [if applicable]
[official registration No] [if applicable]
[official address in full]
[VAT number], [if applicable]
[PIC number],
[Option 1 – Partner with Quality Label]
Quality Label code [Quality Label reference number]: ……
[Option 2 – Partner without Quality Label but with an Erasmus+ Volunteering
accreditation]
Erasmus+ Volunteering accreditation: [Accreditation reference number]
represented for the purposes of signature of this Agreement by [function, forename and
surname]
The parties referred to above
1 Regulation (EU) No 2018/1475 of the European Parliament and of the Council of 2 October 2018 laying down the legal
framework of the European Solidarity Corps and amending Regulation (EU) No 1288/2013, Regulation (EU) No 1293/2013
and Decision No 1313/2013/EU
1
European Solidarity Corps Framework Partnership Agreement – Special Conditions, General Conditions
Volunteering Partnerships: December 2018
Agreement number: [complete]
HAVE AGREED
to the Special Conditions (hereinafter referred to as “the Special Conditions”) and the
following Annexes:
Annex I General Conditions (hereinafter referred to as “the General Conditions”)
Annex II Action plan2
Annex III not applicable
Annex IV not applicable
Annex V not applicable
Annex VI Model specific grant agreement
which form an integral part of this Framework Partnership Agreement, hereinafter referred to
as "the Framework agreement".
The terms set out in the Special Conditions, of which the Preamble forms an integral part,
shall take precedence over those set out in the Annexes.
The terms of Annex I "General Conditions" shall take precedence over the other Annexes.
2 The action plan should include the common objectives of the parties in compliance with the objectives stipulated in the
Preamble and the types of activities covered under this Framework partnership, contributing to the achievement of those
objectives.
2
European Solidarity Corps Framework Partnership Agreement – Special Conditions, General Conditions
Volunteering Partnerships: December 2018
Agreement number: [complete]
PREAMBLE
The NA is responsible for the implementation of the European Solidarity Corps3. For the
purpose of implementing this Union programme, the NA has selected one or more partners
engaged in the area of activity concerned, with which it shares common general objectives
and wishes to establish a relationship of lasting cooperation.
The general objectives which it shares with [full official name of the partner] in the above-
mentioned area of activity and which justify the establishment of a partnership are the
following:
a) contribute to enhance the quality and quantity of European Solidarity Corps
volunteering opportunities;
b) strategically respond to important societal needs;
c) contribute to strengthening communities while enabling young people to acquire
useful experience, skills and competences for their personal, educational, social, civic
and professional development, thereby improving their employability.
3 Regulation (EU) No 2018/1475 of the European Parliament and of the Council of 2 October 2018 laying down the legal
framework of the European Solidarity Corps and amending Regulation (EU) No 1288/2013, Regulation (EU) No 1293/2013
and Decision No 1313/2013/EU.
3
European Solidarity Corps Framework Partnership Agreement – Special Conditions, General Conditions
Volunteering Partnerships: December 2018
Agreement number: [complete]
SPECIAL CONDITIONS
ARTICLE I.1 – SUBJECT MATTER OF THE FRAMEWORK AGREEMENT
AWARD OF SPECIFIC GRANTS
I.1.1 Subject matter of the Framework agreement
I.1.1.1 The Framework agreement is concluded as part of a long-term cooperation between
the NA and the partner (hereinafter referred to as "the partnership") with the aim to
contribute to the objectives of the European Solidarity Corps as referred to in the
Preamble.
The Framework agreement defines the general rights and obligations of the parties in
implementing their partnership.
I.1.1.2 The partnership shall be implemented in compliance with the Action plan set out in
Annex II.
I.1.1.3 For the purposes of implementing the partnership the NA may award to the partner
specific grants for volunteering project(s).
The Framework agreement shall apply to any specific grant awarded for
implementation of the partnership and to the respective Specific Grant Agreements
(hereinafter referred to as "Specific agreements") concluded between the parties.
Signature of the Framework agreement shall not give rise to any obligation of the NA
to award specific grants. It shall be without prejudice to the partner's participation in
other calls for proposals for the purposes of award of grants outside the scope of the
Action plan set out in Annex II.
I.1.1.4 Articles II.13.4 and II.25.3(c) of the General Conditions do not apply.
I.1.2 Procedure for award of specific grants
The NA may consult its partner in order to obtain a proposal for a specific annual grant
request for volunteering projects in line with the Action plan set out in Annex II. Such
consultation shall take place on the basis of call for proposals open to all applicants meeting
the announced criteria. The call for proposals shall define the selection and award criteria to
be applied. The partner shall not be obliged to submit a proposal in response to such a
consultation.
I.1.3. Conclusion of Specific agreements
Where the NA decides to award a specific grant, it shall propose to the partner to sign a
Specific agreement in accordance with the model set out in Annex VI. The Specific
agreement shall be signed by the authorized representatives of the parties.
European Solidarity Corps Framework Partnership Agreement – Special Conditions, General Conditions
Volunteering Partnerships: December 2018
Agreement number: [complete]
By signing the Specific agreement, the partner accepts the grant and agrees to implement the
project acting on its own responsibility in accordance with the terms and conditions laid
down in the Framework agreement and the Specific agreement.
Specific agreements shall be signed before the date when the Framework agreement expires.
Where the projects are carried out after the above-mentioned date, the terms of the
Framework agreement shall continue to apply to the implementation of the Specific
agreements governed by the Framework agreement.
ARTICLE I.2 – ENTRY INTO FORCE OF THE FRAMEWORK AGREEMENT AND
DURATION OF THE PARTERNSHIP
I.2.1 The Framework agreement shall enter into force on the date on which the last party
signs.
I.2.2 The Framework agreement shall be concluded for a period of 3 years starting from
the date of its entry into force.
ARTICLE I.3 - DATA CONTROLLER AND COMMUNICATION DETAILS OF THE
PARTIES
I.3.1 Data controller
The entity acting as a data controller according to Article II.7 is:
Sophie BEERNAERTS
Head of Unit
European Commission
Directorate-General for Education, Youth, Sport and Culture
Unit EAC.B.4
B-1049 Brussels
Belgium
I.3.2 Communication details of the NA
Any communication addressed to the NA shall be sent to the following address:
[full official name of the NA]
[official address in full]
E-mail address: [official e-mail address of the NA]
I.3.3 Communication details of the partner
Any communication from the NA to the partner shall be sent to the following address:
[full official name of the partner]
[official address in full]
European Solidarity Corps Framework Partnership Agreement – Special Conditions, General Conditions
Volunteering Partnerships: December 2018
Agreement number: [complete]
E-mail address: [official e-mail address of the partner]
ARTICLE I.4 – SETTLEMENT OF DISPUTES WITH A NON EU PARTNER
Not applicable.
ARTICLE I.5 – SPECIFIC DEROGATIONS FROM ANNEX I - GENERAL
CONDITIONS
1. For the purposes of this Framework Agreement and any resulting Specific Agreements, in
Annex I General Conditions the term "the Commission" must be read as "the NA", the term
"action" must be read as "project" and the term "unit cost" must be read as "unit
contribution", except where otherwise provided. The term “beneficiary” must be read as
“partner”. For the purposes of this Framework Agreement and any resulting Specific
Agreements, in Annex I General Conditions the notion "financial statement" must be read as
"the budgetary part of the report", except where otherwise provided.
In Article II.4.1, Article II.8.2, Article II.20.3, Article II.27.1, Article II.27.3, the first
paragraph of Article II.27.4, first paragraph of Article II.27.8. and in the Article II.27.9 the
reference to "the Commission" must be read as reference to "the NA and the Commission".
In Article II.12 the term "financial support" must be read as "support" and the term "third
parties" must be read as "participants".
2. For the purposes of this Agreement, the following clauses of Annex I General Conditions
are not applicable: Article II.2.f (ii), Article II.12.2, Article II.13.4, Article II.17.2.2 (h),
Article II.18.3, Article II.19.2, Article II.19.3, Article II.20.3, Article II.21, point c) of the
sixth subparagraph of Article II.25.3 and Article II.27.7.
For the purpose of this Agreement, the terms "affiliated entities", "interim payment", "lump
sum", "flat rate" do not apply when mentioned in the General Conditions.
3. Article II.7.1 must be read as follows:
"II.7.1 Processing of personal data by the NA and the Commission
Any personal data included in the Framework Agreement and the Specific Agreement
or stored on the IT Tools provided by the European Commission must be processed
by the NA pursuant to Regulation (EC) No 2018/1725. If applicable, any personal
data included in the Framework Agreement and the Specific Agreement must be
processed by the NA also according to the provisions laid down in the national law.
Such data must be processed by the data controller identified in Article I.3.1 of the
Framework Agreement solely for implementing, managing and monitoring the
Framework Agreement and any resulting Specific Agreements or to protect the
financial interests of the EU, including checks, audits and investigations in
accordance with Article II.27, without prejudice to possible transmission to the bodies
charged with the monitoring or inspection tasks in application of national law
applicable to the Framework Agreement and any resulting Specific Agreements.
European Solidarity Corps Framework Partnership Agreement – Special Conditions, General Conditions
Volunteering Partnerships: December 2018
Agreement number: [complete]
The partner has the right to access and correct their own personal data. For this
purpose, they must send any queries about the processing of their personal data to the
data controller identified in Article I.3.1.
The partner may have recourse at any time to the European Data Protection
Supervisor."
4. In Article II.9.3, the title and letter (a) of the first paragraph must be read as follows:
"II.9.3 Rights of use of the results and of pre-existing rights by the NA and the
Union
The partner grants the NA and the Union the following rights to use the results of the
project:
(a) for its own purposes and in particular to make available to persons working for
the NA, Union institutions, agencies and bodies and to Member States’
institutions, as well as to copy and reproduce in whole or in part and in an
unlimited number of copies."
For the rest of this article, the references to the "Union" must be read as reference to "the NA
and/or the Union".
5. The second paragraph of Article II.10.1 must be read as follows:
"The partner must ensure that the NA, the Commission, the European Court of
Auditors and the European Anti-Fraud Office (OLAF) can exercise their rights under
Article II.27 also towards the partner's contractors."
6. Article II.18 must be read as follows:
II.18.1 The Agreement is governed by [insert the national law of the NA].
II.18.2 The competent court determined in accordance with the applicable national
law has sole jurisdiction to hear any dispute between the NA and any partner
concerning the interpretation, application or validity of the Framework Agreement or
any Specific Agreement, if such dispute cannot be settled amicably.
[For NAs that issue acts considered administrative acts according to the national
law:]An action may be brought against an act of the NA within [specify deadline
according to the national law] before [insert reference to the competent national court]
according to [insert reference to the relevant provisions of the national law].
7. Article II.19.1 must be read as follows:
"The conditions for the eligibility of costs are defined in sections I.1 and II.1 of Annex
III of the Specific Agreement."
European Solidarity Corps Framework Partnership Agreement – Special Conditions, General Conditions
Volunteering Partnerships: December 2018
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8. Article II.20.1 must be read as follows:
"The conditions for declaring costs and contributions are defined in section I.2 and
II.2 of Annex III of the Specific Agreement."
9. Article II.20.2 must be read as follows:
"The conditions for records and other documentation to support the costs and
contributions declared are defined in section I.2 and II.2 of Annex III of the Specific
Agreement."
10. The first paragraph of Article II.22 must be read as follows:
"The partner is allowed to adjust the estimated budget set out in Annex II of the
Specific Agreement by transfers between the different budget categories, if the project
is implemented as described in Annex II of the Specific Agreement and in Annex II of
the Framework Agreement. This adjustment does not require an amendment of the
Specific Agreement as provided for in Article II.13 of the Framework Agreement, if
the conditions provided for in Article 3.3 of the Specific Agreement are met."
11. Article II.23(b) must be read as follows:
"(b) still fails to submit such a request within further 30 calendar days following a
written reminder sent by the NA. "
12. The first paragraph of Article II.24.1.3 must be read as follows:
"During the period of suspension of payments the partner is not entitled to submit any
requests for payments and supporting documents referred to in Articles 4.3 and 4.4 of
the Specific Agreement".
13. Article II.25.1 must be read as follows:
" II.25.1 Step 1 — Application of the reimbursement rate to the eligible
costs and addition of the unit contributions
This step is applied as follows:
If, as provided for in Article 3.2 of the Specific Agreement, the grant takes the form of
the reimbursement of eligible costs, the reimbursement rate specified in section II.2 of
Annex III of the Specific Agreement is applied to the eligible costs of the project
approved by the NA for the corresponding categories of costs and partner;
If, as provided for in Article 3.2 of the Specific Agreement, the grant takes the form of
a unit contribution, the unit contribution specified in Annex IV of the Specific
Agreement is multiplied by the actual number of units approved by the NA for the
partner.
If Article 3.2 of the Specific Agreement provides for a combination of different forms
of grant, the amounts obtained must be added together."
European Solidarity Corps Framework Partnership Agreement – Special Conditions, General Conditions
Volunteering Partnerships: December 2018
Agreement number: [complete]
14. The second paragraph of Article II.25.4 must be read as follows:
"The amount of the reduction will be proportionate to the degree to which the project
has been implemented improperly or to the seriousness of the breach, as provided for
in section IV of Annex III of the Specific Agreement."
15. The third paragraph of Article II.26.2 must be read as follows:
"If payment has not been made by the date specified in the debit note, the NA will
recover the amount due:
by offsetting it, without the partner’s prior consent, against any amounts owed to the
partner by the NA (‘offsetting’);
In exceptional circumstances, to safeguard the financial interests of the Union, the NA
may offset before the due date.
An action may be brought against such offsetting before the competent court
determined in Article II.18.2;
(b) by drawing on the financial guarantee where provided for in accordance with
Article 4.2 of the Specific Agreement (‘drawing on the financial guarantee’);
(c) by taking legal action as provided for in Article II.18.2 or in the Special
Conditions."
16. The third paragraph of Article II.27.2 must be read as follows:
"The periods set out in the first and second subparagraphs are longer if a longer
duration is required by national law, or if there are ongoing audits, appeals, litigation
or pursuit of claims concerning the grant, including in the cases referred to in Article
II.27.7. In the latter cases, the partner must keep the documents until such audits,
appeals, litigation or pursuit of claims have been closed."
17. Article II.27.3 must be read as follows:
"The partner must provide any information, including information in electronic
format, requested by the NA or Commission or by any other outside body authorised
by the Commission.
If the partner does not comply with the obligation set out in the first subparagraph, the
NA may consider:
(a) any cost insufficiently substantiated by information provided by the partner as
ineligible;
(b) any unit, lump sum or flat-rate contribution insufficiently substantiated by
information provided by the partner as undue."
European Solidarity Corps Framework Partnership Agreement – Special Conditions, General Conditions
Volunteering Partnerships: December 2018
Agreement number: [complete]
SIGNATURES
For the partner For the NA
[function/forename/surname] [forename/surname]
[signature] [signature]
Done at [place], [date] Done at [place], [date]
European Solidarity Corps Framework Partnership Agreement – Special Conditions, General Conditions
Volunteering Partnerships: December 2018
Agreement number: [complete]
ANNEX I
GENERAL CONDITIONS
PART A – LEGAL AND ADMINISTRATIVE PROVISIONS
ARTICLE II.1 - DEFINITIONS
The following definitions apply for the purpose of the Framework agreement and the Specific
agreements:
‘Action’: in case of a specific grant for an action, the term refers to the set of activities or
the project for which the grant is awarded; to be implemented by the beneficiary as described
in Annex II of the relevant Specific agreement;
‘Confidential information or document’: any information or document (in any format)
received by either party from the other or accessed by either party in the context of the
implementation of the Framework agreement or a Specific agreement that any of the parties
has identified in writing as confidential. It does not include information that is publicly
available;
‘Conflict of interests’: a situation where the impartial and objective implementation of the
Framework agreement or a Specific agreement by the partner is compromised for reasons
involving family, emotional life, political or national affinity, economic interest, or any other
shared interest with the Commission or any third party related to the subject matter of the
Framework agreement or a Specific agreement;
‘Direct costs’: those specific costs which are directly linked to the implementation of the
action and can therefore be attributed directly to it. They may not include any indirect costs;
‘Force majeure’: any unforeseeable, exceptional situation or event beyond the control of the
parties that prevents either of them from fulfilling any of their obligations under the
Framework agreement or a Specific agreement, which is not attributable to error or
negligence on their part or on the part of the subcontractors affiliated entities or third parties
in receipt of financial support and which proves to be inevitable despite their exercising due
diligence. The following cannot be invoked as force majeure: labour disputes, strikes,
financial difficulties or any default of a service, defect in equipment or materials or delays in
making them available, unless they stem directly from a relevant case of force majeure;
‘Formal notification’: form of communication between the parties made in writing by mail
or electronic mail which provides the sender with compelling evidence that the message was
delivered to the specified recipient;
‘Fraud’: any intentional act or omission affecting the Union’s financial interests relating to
the use or presentation of false, incorrect or incomplete statements or documents, to non-
disclosure of information in violation of a specific obligation;
European Solidarity Corps Framework Partnership Agreement – Special Conditions, General Conditions
Volunteering Partnerships: December 2018
Agreement number: [complete]
‘Implementation period’: the period of implementation of the Framework agreement as
specified in I.2.2 or the period of implementation of the activities forming part of the action,
as specified in Article 2.2 of the Specific agreement;
‘Indirect costs’: those costs which are not specific costs directly linked to the
implementation of the action and which therefore cannot be attributed directly to it. They
may not include any costs identifiable or declared as eligible direct costs;
‘Irregularity’: any infringement of a provision of Union law resulting from an act or
omission by the partner, which has or would have the effect of prejudicing the Union’s
budget;
‘Maximum amount of the grant’: the maximum EU contribution to the action, as defined in
Article 3.1 of the Specific agreement;
‘Pre-existing material’: any materials, document, technology or know-how which exists
prior to the partner using it for the production of a result in the implementation of the action;
‘Pre-existing right’: any industrial and intellectual property right on pre-existing material; it
may consist in a right of ownership, a licence right and/or a right of use belonging to the
partner or any other third parties;
‘Related person’: any person who has the power to represent the partner or to take decisions
on its behalf;
‘Starting date’: the date on which the implementation of the action starts as provided for in
Article 2.2 of the Specific agreement;
‘Subcontract’: a procurement contract within the meaning of Article II.10, which covers the
implementation by a third party of tasks forming part of the action as described in Annex II
of the Specific agreement;
‘Substantial error’: any infringement of a provision of the Framework agreement or a
Specific agreement resulting from an act or omission, which causes or might cause a loss to
the Union’s budget.
ARTICLE II.2 – GENERAL OBLIGATIONS OF THE PARTNER
The partner must:
(a) respect the common general objectives that formed the basis for establishing the
partnership, as mentioned in the Preamble and in the Action plan set out in Annex I, and
endeavour to achieve in practice those objectives in each action for which a specific grant
is awarded;
(b) maintain relations of mutual co-operation and regular and transparent exchanges of
information with the Commission on the implementation and the follow-up to
implementation of the Action plan set out in Annex II and of any specific grant awarded
European Solidarity Corps Framework Partnership Agreement – Special Conditions, General Conditions
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by the Commission under the Framework agreement, as well as on other matters of
common interest related to the Framework agreement;
(c) comply with any legal obligations it is bound by under applicable EU, international and
national law;
(d) carry out the actions, for which specific grants were awarded, in accordance with the
terms and conditions of the Framework agreement and the Specific agreements;
(e) inform the Commission immediately of any events or circumstances of which the
partner is aware, that are likely to affect or delay the implementation of an action;
(f) inform the Commission immediately:
(i) of any change in its legal, financial, technical, organisational or ownership
situation and of any change in its name, address or legal representative;
(ii) of any change in the legal, financial, technical, organisational or ownership
situation of its affiliated entities and of any change in their name, address or legal
representative.
ARTICLE II.3 – COMMUNICATIONS BETWEEN THE PARTIES
II.3.1 Form and means of communications
Any communication relating to the Framework agreement or a Specific agreement or to their
implementation must:
(a) be made in writing (in paper or electronic form);
(b) bear the number of the agreement concerned; and
(c) be made using the communication details identified in Article 7 of the Specific
agreement.
If a party requests written confirmation of an electronic communication within a reasonable
time, the sender must provide an original signed paper version of the communication as soon
as possible.
II.3.2 Date of communications
Any communication is considered to have been made when the receiving party receives it,
unless the Framework agreement or the Specific agreement states that communication is
considered to have been made on the date when the communication was sent.
European Solidarity Corps Framework Partnership Agreement – Special Conditions, General Conditions
Volunteering Partnerships: December 2018
Agreement number: [complete]
Email is considered to have been received by the receiving party on the day of dispatch of
that e-mail, provided that it is sent to the email address indicated in Article 7 of the Specific
agreement. The sending party must be able to prove the date of dispatch. If the sending party
receives a non-delivery report, it must make every effort to ensure that the other party
actually receives the communication by email or mail. In such a case, the sending party is not
held in breach of its obligation to send such communication within a specified deadline.
Mail sent to the Commission using the postal or courier services is considered to have been
received by the Commission on the date on which it is registered by the department identified
in Article 7.1 of the Specific agreement.
Formal notifications are considered to have been received by the receiving party on the date
of receipt indicated in the proof received by the sending party that the message was delivered
to the specified recipient.
ARTICLE II.4 – LIABILITY FOR DAMAGES
II.4.1 The Commission may not be held liable for any damage caused or sustained by the
partner, including any damage caused to third parties as a consequence of or during
the implementation of an action.
II.4.2 Except in cases of force majeure, the partner must compensate the Commission for
any damage it sustains as a result of the implementation of an action or because an
action was not implemented in full compliance with the Framework agreement or the
Specific agreement.
ARTICLE II.5 – CONFLICT OF INTERESTS
II.5.1 The partner must take all necessary measures to prevent any situation of conflict of
interests.
II.5.2 The partner must inform the Commission without delay of any situation constituting
or likely to lead to a conflict of interests. It must take immediately all the necessary
steps to rectify this situation.
The Commission may verify that the measures taken are appropriate and may require
additional measures to be taken by a specified deadline.
ARTICLE II.6 – CONFIDENTIALITY
II.6.1 During implementation of the action and for five years after the payment of the
balance, the parties must treat with confidentiality any confidential information and
documents.
European Solidarity Corps Framework Partnership Agreement – Special Conditions, General Conditions
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II.6.2 The parties may only use confidential information and documents for a reason other
than to fulfil their obligations under the Framework agreement and the Specific
agreement if they have first obtained the prior written agreement of the other party.
II.6.3 The confidentiality obligations do not apply if:
(a) the disclosing party agrees to release the other party from those obligations;
(b) the confidential information or documents become public through other means
than a breach of the confidentiality obligations;
(c) the disclosure of the confidential information or documents is required by law.
ARTICLE II.7 – PROCESSING OF PERSONAL DATA
II.7.1 Processing of personal data by the Commission
Any personal data included in the Framework agreement and the Specific agreements must
be processed by the Commission in accordance with Regulation (EC) No 2018/1725.4
Such data must be processed by the data controller identified in Article I.3 solely for
implementing, managing and monitoring the Framework agreement and the Specific
agreements or to protect the financial interests of the EU, including checks, audits and
investigations in accordance with Article II.27.
The partner has the right to access and correct its own personal data. For this purpose, it must
send any queries about the processing of its personal data to the data controller identified in
Article I.3.
The partner may have recourse at any time to the European Data Protection Supervisor.
II.7.2 Processing of personal data by the partner
The partner must process personal data under the Framework agreement and the Specific
agreements in compliance with applicable EU and national law on data protection (including
authorisations or notification requirements).
The partner may grant its personnel access only to data that is strictly necessary for
implementing, managing and monitoring the Framework agreement and the Specific
agreements.
4 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural
persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free
movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC.
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The partner must adopt appropriate technical and organisational security measures having
regard to the risks inherent in the processing and to the nature of the personal data concerned.
This is in order to:
(a) prevent any unauthorised person from gaining access to computer systems processing
personal data, and especially:
(i) unauthorised reading, copying, alteration or removal of storage media;
(ii) unauthorised data input as well as any unauthorised disclosure, alteration or
erasure of stored personal data;
(iii) unauthorised use of data processing systems by means of data transmission
facilities;
(b) ensure that authorised users of a data processing system can access only the personal
data to which their access right refers;
(c) record which personal data have been communicated, when and to whom;
(d) ensure that personal data processed on behalf of third parties can be processed only in
the manner prescribed by the Commission;
(e) ensure that, during communication of personal data and transport of storage media,
the data cannot be read, copied or erased without authorisation;
(f) design its organisational structure in such a way that it meets data protection
requirements.
ARTICLE II.8 – VISIBILITY OF UNION FUNDING
II.8.1 Information on Union funding and use of the European Union emblem
Unless the Commission requests or agrees otherwise, any communication or publication
made by the partner that relates to an action, including at conferences, seminars or in any
information or promotional materials (such as brochures, leaflets, posters, presentations, in
electronic form etc.), must
(a) indicate that the action has received funding from the Union; and
(b) display the European Union emblem.
When displayed in association with another logo, the European Union emblem must have
appropriate prominence.
The obligation to display the European Union emblem does not confer on the partner a right
of exclusive use. The partner may not appropriate the European Union emblem or any similar
trademark or logo, either by registration or by any other means.
For the purposes of the first, second and third subparagraphs and under the conditions
specified therein, the partner may use the European Union emblem without first obtaining
permission from the Commission.
II.8.2 Disclaimers excluding Commission responsibility
European Solidarity Corps Framework Partnership Agreement – Special Conditions, General Conditions
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Any communication or publication that relates to an action, made by the partner in any form
and using any means, must indicate:
(a) that it reflects only the author's view; and
(b) that the Commission is not responsible for any use that may be made of the
information it contains.
ARTICLE II.9 – PRE-EXISTING RIGHTS AND OWNERSHIP AND USE OF THE
RESULTS (INCLUDING INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS)
II.9.1 Ownership of the results by the partner
The partner retains ownership of the results of the action, including industrial and intellectual
property rights, and of the reports and other documents relating to it, unless stipulated
otherwise in the Specific agreement.
II.9.2 Pre-existing rights
If the Commission sends the partner a written request specifying which of the results it
intends to use, the partner must:
(a) establish a list specifying all pre-existing rights included in those results; and
(b) provide this list to the Commission at the latest with the request for payment of the
balance.
The partner must ensure that it or its affiliated entities have all the rights to use any pre-
existing rights during the implementation of the Specific agreement
II.9.3 Rights of use of the results and of pre-existing rights by the Union
The partner grants the Union the following rights to use the results of an action:
(a) for its own purposes and in particular to make available to persons working for the
Commission, other Union institutions, agencies and bodies and to Member States'
institutions, as well as to copy and reproduce in whole or in part and in an unlimited
number of copies;
(b) reproduction: the right to authorise direct or indirect, temporary or permanent
reproduction of the results by any means (mechanical, digital or other) and in any form,
in whole or in part;
(c) communication to the public: the right to authorise any display performance or
communication to the public, by wire or wireless means, including making the results
available to the public in such a way that members of the public may access them from a
place and at a time individually chosen by them; this right also includes communication
and broadcasting by cable or by satellite;
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(d) distribution: the right to authorise any form of distribution of results or copies of the
results to the public;
(e) adaptation: the right to modify the results;
(f) translation;
(g) the right to store and archive the results in line with the document management rules
applicable to the Commission, including digitisation or converting the format for
preservation or new use purposes;
(h) where the results are documents, the right to authorise the reuse of the documents in
conformity with Commission Decision 2011/833/EU of 12 December 2011 on the reuse
of Commission documents if that Decision is applicable and if the documents fall within
its scope and are not excluded by any of its provisions. For the sake of this provision, the
terms ‘reuse’ and ‘document’ have the meanings given to them by Decision
2011/833/EU.
The above rights of use may be further specified in the Specific agreement.
Additional rights of use for the Union may be provided for in the Specific agreement.
The partner must ensure that the Union has the right to use any pre-existing rights included in
the results of an action. The pre-existing rights must be used for the same purposes and under
the same conditions as applicable to the rights of use of the results of the action, unless
specified otherwise in the Specific agreement.
Information about the copyright owner must be inserted in cases where the result is divulged
by the Union. The copyright information must read: ‘© — year — name of the copyright
owner. All rights reserved. Licenced to the European Union under conditions.’.
If the partner grants rights of use to the Commission, this does not affect its confidentiality
obligations under Article II.6 or the partner’s obligations under Article II.2.
ARTICLE II.10 – AWARD OF CONTRACTS NECESSARY FOR THE
IMPLEMENTATION OF AN ACTION
II.10.1 If the implementation of an action requires the partner to procure goods, works or
services, it must award the contract to the tender offering best value for money or, as
appropriate, to the tender offering the lowest price. In doing so, it must avoid any
conflict of interests.
The partner must ensure that Article II.27 is also applicable to the partners'
contractors, in particular that the Commission, the European Court of Auditors and
the European Anti-Fraud Office (OLAF) can exercise their rights under Article II.27
towards the contractors.
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II.10.2 The partner that is a "contracting authority" within the meaning of Directive
2014/24/EU5 or "contracting authority" within the meaning of Directive 2014/25/EU6
must comply with the applicable national public procurement rules.
The partner must ensure that the conditions applicable to it under Articles II.4, II.5,
II.6 and II.9 are also applicable to the contractor.
II.10.3 The partner remains solely responsible for carrying out the action concerned and for
compliance with the Framework agreement and the Specific agreement.
II.10.4 If the partner breaches its obligations under Article II.10.1 the costs related to the
contract concerned are considered ineligible in accordance with Article II.19.2 (c), (d)
and (e).
If the partner breaches its obligations under Article II.10.2 the grant may be reduced
in accordance with Article II.25.4.
ARTICLE II.11 – SUBCONTRACTING OF TASKS FORMING PART OF AN ACTION
II.11.1 The partner may subcontract tasks forming part of an action. If it does so, it must
ensure that, in addition to the conditions specified in Article II.10, the following
conditions are also complied with:
(a) subcontracting does not cover core tasks of the action;
(b) recourse to subcontracting is justified because of the nature of the action and
what is necessary for its implementation;
(c) the estimated costs of the subcontracting are clearly identifiable in the estimated
budget set out in Annex II of the Specific agreement;
(d) any recourse to subcontracting, if not provided for in Annex II of the Specific
agreement, is communicated by the partner and approved by the Commission.
The Commission may grant approval:
(i) before any recourse to subcontracting, if the partner requests an amendment
as provided for in Article II.13; or
(ii) after recourse to subcontracting if the subcontracting:
- is specifically justified in the interim or final technical report referred to in
Articles 4.3 and 4.4 of the Specific agreement; and
5 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and
repealing Directive 2004/18/EC
6 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities
operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC
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- does not entail changes to the Framework agreement or the Specific
agreement which would call into question the decision to establish the
framework partnership or to award the specific grant or which would be
contrary to the equal treatment of applicants;
(e) the partner ensures that the conditions applicable to it under Article II.8 are also
applicable to the subcontractors.
II.11.2 If the partner breaches its obligations under Article II.11.1 (a), (b), (c) or (d), the costs
related to the contract concerned are considered ineligible in accordance with Article
II.19.2 (f).
If the partner breaches its obligation under Article II.11.1 (e) the grant may be reduced
in accordance with Article II.25.4.
ARTICLE II.12 - FINANCIAL SUPPORT TO THIRD PARTIES
II.12.1 If, while implementing an action the partner has to give financial support to third
parties, the partner must give such financial support in accordance with the
conditions specified in Annex II of the Specific agreement. Under those conditions,
the following information must be stated at least:
(a) the maximum amount of financial support. This amount may not exceed EUR
60 000 for each third party except if the financial support is the primary aim of
the action as specified in Annex II of the Specific agreement;
(b) the criteria for determining the exact amount of the financial support;
(c) the different types of activity that may receive financial support, on the basis of
a fixed list;
(d) the persons or categories of persons which may receive financial support;
(e) the criteria for giving the financial support.
II.12.2 As an exception to Article II.12.1, if the financial support takes the form of a prize,
the partner must give such financial support in accordance with the conditions
specified in Annex II of the Specific agreement. Under those conditions, the
following information must at least be stated:
(a) the conditions for participation;
(b) the award criteria;
(c) the amount of the prize;
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(d) the payment arrangements.
II.12.3 The partner must ensure that the conditions applicable to it under Articles II.4, II.5,
II.6, II.8, II.9 and II.27 are also applicable to the third parties receiving financial
support.
ARTICLE II.13 – AMENDMENTS TO THE FRAMEWORK AGREEMENT AND THE
SPECIFIC AGREEMENTS
II.13.1 Any amendment to the Framework agreement or a Specific agreement must be made
in writing.
II.13.2 An amendment may not have the purpose or the effect of making changes to the
Framework agreement or a Specific agreement which would call into question the
decision to establish the framework partnership or to award the specific grant or
which would be contrary to the equal treatment of applicants.
II.13.3 Any request for amendment must:
a) be duly justified;
b) be accompanied by appropriate supporting documents; and
c) be sent to the other party in due time before it is due to take effect, and in any
case one month before the end of the implementation period of the Framework
agreement or the Specific agreement.
Point (c) does not apply in cases duly substantiated by the party requesting the
amendment if the other party agrees.
II.13.4 In case of a specific operating grant the implementation period set out in Article 2.2
of the Specific agreement may not be extended via amendments.
II.13.5 Amendments enter into force on the date on which the last party signs or on the date
of approval of the request for amendment.
Amendments take effect on a date agreed by the parties or, in the absence of such an
agreed date, on the date on which the amendment enters into force.
ARTICLE II.14 – ASSIGNMENT OF CLAIMS FOR PAYMENTS TO THIRD PARTIES
II.14.1 The partner may not assign any of its claims for payment against the Commission to
any third party, except if approved by the Commission on the basis of a reasoned
written request by the partner.
If the Commission does not accept the assignment or the terms of it are not complied
with, the assignment has no effect on it.
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II.14.2 In no circumstances may an assignment release the partner from its obligations
towards the Commission.
ARTICLE II.15 – FORCE MAJEURE
II.15.1 A party faced with force majeure must send a formal notification to the other party
without delay, stating the nature of the situation or of the event, its likely duration
and foreseeable effects.
II.15.2 The parties must take the necessary measures to limit any damage due to force
majeure. They must do their best to resume the implementation of the action as soon
as possible.
II.15.3 The party faced with force majeure may not be considered in breach of its
obligations under the Framework agreement or a Specific agreement if it has been
prevented from fulfilling them by force majeure.
ARTICLE II.16 – SUSPENSION OF THE IMPLEMENTATION
II.16.1 Suspension of the implementation of an action by the partner
The partner may suspend the implementation of an action or any part of it, if exceptional
circumstances make such implementation impossible or excessively difficult, in particular in
the event of force majeure.
The partner must immediately inform the Commission stating:
(a) the reasons for suspension, including details about the date or period when the
exceptional circumstances occurred; and
(b) the expected date of resumption.
Once the circumstances allow the partner to resume implementing the action, the partner
must inform the Commission immediately and present a request for amendment of the
Framework agreement or a Specific agreement as provided for in Article II.16.3. This
obligation does not apply if the Framework agreement or Specific agreement is terminated in
accordance with Article II.17.1 or points (b) or (c) of Article II.17.2.2.
II.16.2 Suspension of implementation by the Commission
II.16.2.1 Grounds for suspension
The Commission may suspend the implementation of an action or any part thereof or the
implementation of the Framework agreement:
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(a) if the Commission has evidence that the partner has committed substantial
errors, irregularities or fraud in the award procedure or while
implementing the Framework agreement or the Specific agreement or if the
partner fails to comply with its obligations under those agreements;
(b) if the Commission has evidence that the partner has committed systemic or
recurrent errors, irregularities, fraud or serious breach of obligations in
other grants funded by the Union or the European Atomic Energy
Community ("Euratom") awarded to the partner under similar conditions,
and the errors, irregularities, fraud or breach have a material impact on one
or more specific grants awarded under the Framework agreement; or
(c) if the Commission suspects substantial errors, irregularities, fraud or
breach of obligations committed by the partner in the award procedure or
while implementing the Framework agreement or the Specific agreement
and needs to verify whether they have actually occurred.
The implementation of each action for which a specific grant has been awarded is deemed
automatically suspended from the date on which the suspension of the implementation of the
Framework agreement takes effect.
II.16.2.2 Procedure for suspension
Step 1 — Before suspending implementation of an action, the Commission must send a
formal notification to the partner:
(a) informing it of:
(i) its intention to suspend the implementation;
(ii) the reasons for suspension;
(iii) the necessary conditions for resuming the implementation of the Framework
agreement or of the action in the cases referred to in points (a) and (b) of Article
II.16.2.1; and
(b) inviting it to submit observations within 30 calendar days of receiving the formal
notification.
Step 2 — If the Commission does not receive observations or decides to pursue the
procedure despite the observations it has received, it must send a formal notification to the
partner informing it of:
(a) the suspension of the implementation;
(b) the reasons for suspension; and
(c) the final conditions for resuming the implementation of the Framework agreement or
of the action in the cases referred to in points (a) and (b) of Article II.16.2.1; or
(d) the indicative date of completion of the necessary verification in the case referred to
in point (c) of Article II.16.2.1.
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The suspension takes effect on the day the formal notification is received by the partner
or on a later date specified in the formal notification.
Otherwise, the Commission must send a formal notification to the partner informing it
that it is not continuing the suspension procedure.
II.16.2.3 Resuming implementation
In order to resume the implementation, the partner must meet the notified conditions as soon
as possible and must inform the Commission of any progress made.
If the conditions for resuming the implementation of the Framework agreement or the
Specific agreements are met or the necessary verifications are carried out, the Commission
must send a formal notification to the partner:
(a) informing it that the conditions for lifting the suspension are met; and
(b) requiring it to present a request for amendment of the agreement concerned as
provided for in Article II.16.3. This obligation does not apply if the Framework
agreement or the Specific agreement is terminated in accordance with Articles II.17.1
or points (b), (f) or (g) of Article II.17.2.2.
II.16.3 Effects of the suspension
II.16.3.1 If the Framework agreement is not terminated, it may be adapted to the new
implementing conditions in accordance with Article II.13.
The suspension of the implementation of the Framework agreement and of all
automatically suspended actions in accordance with the last subparagraph of Article
II.16.2.1 is deemed lifted as from the date of the notification by the Commission
referred to in point (a) of Article II.16.2.3. In this case Article II.16.3.2 does not
apply.
II.16.3.2 If the implementation of the suspended action can be resumed and the Specific
agreement has not been terminated, an amendment to the Specific agreement must
be made in accordance with Article II.13 in order to:
(a) set the date on which the action is to be resumed;
(b) extend the duration of the action; and
(c) make other changes necessary to adapt the action to the new situation.
The suspension is lifted with effect from the resumption date set out in the
amendment. This date may be before the date on which the amendment enters into
force.
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II.16.3.3 Costs incurred during the period of suspension that relate to the implementation of
the suspended action or the suspended part of it may not be reimbursed or covered
by the grant.
Suspending implementation of an action or implementation of the Framework
agreement does not affect the Commission’s right to terminate the concerned
agreement in accordance with Article II.17.2, reduce the grant or recover amounts
unduly paid in accordance with Articles II.25.4 and II.26.
Neither party may claim damages due to suspension by the other party.
ARTICLE II.17 – TERMINATION OF THE FRAMEWORK AGREEMENT AND THE
SPECIFIC AGREEMENTS
II.17.1 Termination of the Framework agreement or a Specific agreement by the
partner
II.17.1.1 Termination of the Framework agreement
The partner may terminate the Framework agreement without specifying the
reasons for termination.
The partner must send a formal notification of termination to the Commission
stating the date on which the termination takes effect. This date must be set after
the formal notification.
II.17.1.2 Termination of a Specific agreement
The partner may terminate a Specific agreement.
The partner must send a formal notification of termination to the Commission,
stating:
(a) the reasons for termination; and
(b) the date on which the termination takes effect. This date must be set after the
formal notification.
If the partner does not state the reasons for the termination or if the Commission
considers that the reasons do not justify termination, the Specific agreement is
considered to have been terminated improperly.
The termination takes effect on the day specified in the formal notification.
II.17.2 Termination of the Framework agreement or a Specific agreement by the
Commission
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II.17.2.1 Termination of the Framework agreement
The Commission may terminate the Framework agreement without specifying the
reasons for termination.
The Commission must send a formal notification of termination to the partner
specifying the date on which the termination takes effect. The notification must
be sent before the termination is due to take effect.
II.17.2.2 Termination of the Framework agreement or a Specific agreement based on
explicit grounds
The Commission may terminate the Framework agreement or a Specific
agreement if:
(a) a change to the partner’s legal, financial, technical, organisational or
ownership situation is likely to affect the implementation of the Framework
agreement or the Specific agreement substantially or calls into question the
Commission's decision to establish the framework partnership or to award
the specific grant;
(b) the partner does not implement an action as described in Annex II of the
Specific agreement or fails to comply with another substantial obligation
incumbent on it under the Framework agreement or the Specific agreement;
(c) the implementation of an action is prevented or suspended due to force
majeure or exceptional circumstances and either:
i. resumption is impossible; or
ii. the necessary changes to the Framework agreement or the Specific
agreement would call into question the decision to establish the
framework partnership or to award the specific grant or be contrary to
the equal treatment of applicants;
(d) the partner or any person that assumes unlimited liability for the debts of
the partner comes under any of the situations provided for in points (a) or
(b) of Article 106(1) of the Financial Regulation7;
(e) the partner or any related person comes under any of the situations provided
for in points (c), (d), (e) or (f) of Article 106(1) or comes under Article
106(2) of the Financial Regulation;
(f) the Commission has evidence that the partner or any related person has
committed substantial errors, irregularities or fraud in the award procedure
or while implementing the Framework agreement or any Specific
agreement, including if the partner or related person has submitted false
information or failed to provide required information;
(g) Commission has evidence that the partner has committed systemic or
recurrent errors, irregularities, fraud or serious breach of obligations in
7 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial
rules applicable to the general budget of the Union.
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other Union or Euratom grants awarded to it under similar conditions and
such errors, irregularities, fraud or breach have a material impact on a
specific grant awarded under the Framework agreement; or
(h) the Commission has sent the partner a formal notification asking it to end
the participation of its affiliated entity because that entity is in a situation
provided for in points (e), (f) or (g) and the partner has failed to request an
amendment ending the participation of the entity and reallocating its tasks;
(i) partner or any related person or any natural person who is essential for the
award or for the implementation of the Framework agreement or any
Specific agreement has created an entity under a different jurisdiction with
the intend to circumvent fiscal, social or any other legal obligations in the
jurisdiction of its registered office, central administration or principal place
of business;
(j) partner or any related person or any natural person who is essential for the
award or for the implementation of the Framework agreement or any
Specific agreement has been created with the intend referred to in point (i).
II.17.2.3 Procedure for termination based on explicit grounds
Step 1 Before terminating the Framework agreement or a Specific agreement on one of the
grounds specified in Article II.17.2.2, the Commission must send a formal notification to the
partner:
(a) informing it of:
(i) its intention to terminate;
(ii) the reasons for termination; and
(b) requiring it, within 45 calendar days of receiving the formal notification:
(i) to submit observations; and
(ii) in the case of point (b) of Article II.17.2.2, to inform the Commission
of the measures to ensure compliance with the obligations under the
Framework agreement or the Specific agreement concerned.
Step 2 If the Commission does not receive observations or decides to pursue the procedure
despite the observations it has received, it will send a formal notification to the partner
informing it of the termination and the date on which it takes effect.
Otherwise, the Commission must send a formal notification to the partner informing it that
the termination procedure is not continued.
The termination takes effect:
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(a) for terminations under points (a), (b) and (d) of Article II.17.2.2: on the day specified
in the formal notification of termination referred to in the second subparagraph (i.e. in
Step 2 above);
(b) for terminations under points (c), (e), (f), (g) and (h), (i), (j) of Article II.17.2.2: on the
day after the partner receives the formal notification of termination referred to in the
second subparagraph (i.e. in Step 2 above).
II.17.3 Effects of termination
Where the Framework agreement is terminated by the partner in accordance with Article
II.17.1.1 or by the Commission in accordance with Articles II.17.2.1 or II.17.2.2:
a) the partner must complete the implementation of any Specific agreement, governed by
the Framework agreement, which has entered into force before the date on which the
termination of the Framework agreement takes effect;
b) the Commission must honour its obligations arising from the implementation of any
Specific agreement, governed by the Framework agreement, which has entered into force
before the date on which the termination of the Framework agreement takes effect.
Within 60 calendar days from the day on which the termination of a Specific agreement takes
effect, the partner must submit a request for payment of the balance as provided for in Article
4.4 of the Specific agreement.
If the Commission does not receive the request for payment of the balance by the above
deadline, only costs which are included in an approved technical report and, where relevant,
in an approved financial statement, are reimbursed or covered by the specific grant.
If the Specific agreement is terminated by the Commission because the partner has breached
its obligation to submit the request for payment, the partner may not submit any request for
payment after termination. In that case the third subparagraph applies.
The Commission calculates the final grant amount as referred to in Article II.25 and the
balance as referred to in Article 5.4 of the Specific agreement on the basis of the reports
submitted. Only costs incurred before termination takes effect are reimbursed or covered by
the specific grant. Costs relating to contracts due for execution only after termination are not
taken into account and are not reimbursed or covered by the grant.
The Commission may reduce a specific grant in accordance with Article II.25.4 in case of:
(a) improper termination of the Specific agreement by the partner within the meaning of
Article II.17.1.2; or
(b) termination of the Specific agreement by the Commission on any of the grounds set
out in points (b), (e), (f), (g) and (h) of Article II.17.2.2.
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Neither party may claim damages on the grounds that the other party terminated the
Framework agreement or a Specific agreement.
After termination, the partner’s obligations continue to apply, in particular those under
Article 4 of the Specific agreement, Articles II.6, II.8, II.9, II.14. II.27 and any additional
provisions on the use of the results, as set out in the Special Conditions or the Specific
agreement concerned.
ARTICLE II.18 – APPLICABLE LAW, SETTLEMENT OF DISPUTES AND
ENFORCEABLE DECISIONS
II.18.1 The Framework agreement and any Specific agreement are governed by the
applicable Union law complemented, where necessary, by the law of Belgium.
II.18.2 In accordance with Article 272 TFEU, the General Court or, on appeal, the Court of
Justice of the European Union, has sole jurisdiction to hear any dispute between the
Union and the partner concerning the interpretation, application or validity of the
Framework agreement or any Specific agreement, if such dispute cannot be settled
amicably.
II.18.3 In accordance with Article 299 TFEU, for the purposes of recovery within the
meaning of Article II.26, the Commission may adopt an enforceable decision to
impose pecuniary obligations on persons other than States.
An action may be brought against such decision before the General Court of the
European Union in accordance with Article 263 TFEU.
PART B – FINANCIAL PROVISIONS
ARTICLE II.19 – ELIGIBLE COSTS
II.19.1 Conditions for the eligibility of costs
Eligible costs of the action are costs actually incurred by the partner and which meet the
following criteria:
(a) they are incurred within the implementation period of the Specific agreement, with the
exception of costs relating to the request for payment of the balance and the
corresponding supporting documents referred to in Article 4.4 of the Specific
agreement;
(b) they are indicated in the estimated budget of an action. The estimated budget is set out
in Annex II of the Specific agreement;
(c) they are incurred in connection with the action as described in Annex II of the Specific
agreement and are necessary for its implementation;
(d) they are identifiable and verifiable, in particular they are recorded in the partner's
accounting records and determined according to the applicable accounting standards of
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the country where the partner is established and according to the partner's usual cost
accounting practices;
(e) they comply with the requirements of applicable tax and social legislation; and
(f) they are reasonable, justified and comply with the principle of sound financial
management, in particular regarding economy and efficiency.
II.19.2 Eligible direct costs
To be eligible the direct cost of an action must comply with the eligibility conditions set out
in Article II.19.1.
In particular, the following categories of costs are eligible direct costs, provided that they
satisfy the eligibility conditions set out in Article II.19.1 as well as the following conditions:
(a) the costs of personnel working under an employment contract with the partner or an
equivalent appointing act and assigned to the action, provided that these costs are in
line with the partner's usual policy on remuneration;
Those costs include actual salaries plus social security contributions and other statutory
costs included in the remuneration. They may also comprise additional remunerations,
including payments on the basis of supplementary contracts regardless of the nature of
those contracts, provided that they are paid in a consistent manner whenever the same
kind of work or expertise is required, independently from the source of funding used;
The costs of natural persons working under a contract with the partner other than an
employment contract or who are seconded to the partner by a third party against
payment may also be included under such personnel costs, provided that the following
conditions are fulfilled:
(i) the person works under conditions similar to those of an employee (in particular
regarding the way the work is organised, the tasks that are performed and the
premises where they are performed);
(ii) the result of the work belongs to the partner (unless exceptionally agreed
otherwise); and
(iii) the costs are not significantly different from the costs of staff performing similar
tasks under an employment contract with the partner;
(b) costs of travel and related subsistence allowances, provided that these costs are in line
with the partner's usual practices on travel;
(c) the depreciation costs of equipment or other assets (new or second-hand) as recorded in
the partner's accounting statements, provided that the asset:
(i) is written off in accordance with the international accounting standards and the
partner's usual accounting practices; and
(ii) has been purchased in accordance with Article II.10.1 if the purchase occurred
within the implementation period.
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The costs of renting or leasing equipment or other assets are also eligible, provided that
these costs do not exceed the depreciation costs of similar equipment or assets and are
exclusive of any finance fee;
Only the portion of the equipment's depreciation, rental or lease costs corresponding to
the implementation period set out in Article 2.2 of the Specific agreement concerned
and the rate of actual use for the purposes of the action may be taken into account when
determining the eligible costs. By way of exception, the Special Conditions or the
Specific agreement may provide for the eligibility of the full cost of purchase of
equipment, if this is justified by the nature of the action and the context of the use of
the equipment or assets;
(d) costs of consumables and supplies, provided that they:
(i) are purchased in accordance with Article II.10.1; and
(ii) are directly assigned to the action;
(e) costs arising directly from requirements imposed by the Framework agreement or the
Specific agreement (dissemination of information, specific evaluation of the action,
audits, translations, reproduction), including the costs of requested financial guarantees,
provided that the corresponding services are purchased in accordance with Article
II.10.1;
(f) costs entailed by subcontracts within the meaning of Article II.11, provided that the
conditions laid down in Article II.11.1 (a), (b), (c) and (d) are met;
(g) costs of financial support to third parties within the meaning of Article II.12, provided
that the conditions laid down in that Article are met;
(h) duties, taxes and charges paid by the partner, notably value added tax (VAT), provided
that they are included in eligible direct costs, and unless specified otherwise in the
Special Conditions or in the Specific agreement.
II.19.3 Eligible indirect costs
To be eligible, indirect costs of the action must represent a fair apportionment of the overall
overheads of the partner and must comply with the conditions of eligibility set out in Article
II.19.1.
Eligible indirect costs must be declared on the basis of a flat rate of 7% of the total eligible
direct costs unless otherwise specified in Article 3.2 of the Specific agreement.
II.19.4 Ineligible costs
In addition to any other costs which do not fulfil the conditions set out in Article II.19.1, the
following costs may not be considered eligible:
(a) return on capital and dividends paid by the partner;
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(b) debt and debt service charges;
(c) provisions for losses or debts;
(d) interest owed;
(e) doubtful debts;
(f) exchange losses;
(g) costs of transfers from the Commission charged by the bank of the partner;
(h) costs declared by the partner under another action receiving a grant financed from the
Union budget. Such grants include grants awarded by a Member State and financed
from the Union budget and grants awarded by bodies other than the Commission for the
purpose of implementing the Union budget. In particular, if the partner receives an
operating grant financed by the EU or Euratom budget, it may not declare indirect costs
for the period(s) covered by the operating grant, unless it can demonstrate that the
operating grant does not cover any costs of the action.
(i) contributions in kind from third parties;
(j) excessive or reckless expenditure;
(k) deductible VAT.
ARTICLE II.20 – IDENTIFIABILITY AND VERIFIABILITY OF THE AMOUNTS
DECLARED
II.20.1 Declaring costs and contributions
The partner must declare as eligible costs or as a requested contribution:
(a) for actual costs: the costs it actually incurred for the action;
(b) for unit costs or unit contributions: the amount obtained by multiplying the amount
per unit specified in Article 3.2(a)(ii) or (b) of the Specific agreement by the actual
number of units used or produced;
(c) for lump sum costs or lump sum contributions: the global amount specified in Article
3.2(a)(iii) or (c) of the Specific agreement, if the corresponding tasks or part of the
action as described in Annex II of the Specific agreement have been implemented
properly;
(d) for flat-rate costs or flat-rate contributions: the amount obtained by applying the flat
rate specified in Article 3.2(a)(iv) or (d) of the Specific agreement;
(e) for unit costs declared on the basis of the partner’s usual cost accounting practices: the
amount obtained by multiplying the amount per unit calculated in accordance with the
partner’s usual cost accounting practices by the actual number of units used or
produced;
(f) for lump sum costs declared on the basis of the partner’s usual cost accounting
practices: the global amount calculated in accordance with its usual cost accounting
practices, if the corresponding tasks or part of the action have been implemented
properly;
(g) for flat-rate costs declared on the basis of the partner’s usual cost accounting
practices: the amount obtained by applying the flat rate calculated in accordance with
the partner’s usual cost accounting practices.
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II.20.2 Records and other documentation to support the costs and contributions
declared
The partner must provide the following if requested to do so in the context of the checks or
audits described in Article II.27:
(a) for actual costs: adequate supporting documents to prove the costs declared, such as
contracts, invoices and accounting records.
In addition, the partner’s usual accounting and internal control procedures must
permit direct reconciliation of the amounts declared with the amounts recorded in its
accounting statements and with the amounts indicated in the supporting documents;
(b) for unit costs or unit contributions: adequate supporting documents to prove the
number of units declared.
The partner does not need to identify the actual eligible costs covered or to provide
supporting documents, such as accounting statements, to prove the amount declared
per unit;
(c) for lump sum costs or lump sum contributions: adequate supporting documents to
prove that the action has been properly implemented.
The partner does not need to identify the actual eligible costs covered or to provide
supporting documents, such as accounting statements, to prove the amount declared as
a lump sum;
(d) for flat-rate costs or flat-rate contributions: adequate supporting documents to prove
the eligible costs or requested contribution to which the flat rate applies.
The partner does not need to identify the actual eligible costs covered or to provide
supporting documents, such as accounting statements, for the flat rate applied;
(e) for unit costs declared on the basis of the partner’s usual cost accounting practices:
adequate supporting documents to prove the number of units declared;
(f) for lump sum costs declared on the basis of the partner’s usual cost accounting
practices: adequate supporting documents to prove that the action has been properly
implemented;
(g) for flat-rate costs declared on the basis of the partner’s usual cost accounting
practices: adequate supporting documents to prove the eligible costs to which the flat
rate applies.
II.20.3 Conditions to determine the compliance of cost accounting practices
II.20.3.1 In the case of points (e), (f) and (g) of Article II.20.2, the partner does not need to
identify the actual eligible costs covered, but it must ensure that the cost accounting
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practices used for the purpose of declaring eligible costs are in compliance with the
following conditions:
(a) the cost accounting practices used constitute its usual cost accounting practices
and are applied in a consistent manner, based on objective criteria independent
from the source of funding;
(b) the costs declared can be directly reconciled with the amounts recorded in its
general accounts; and
(c) the categories of costs used for the purpose of determining the costs declared
are exclusive of any ineligible cost or costs covered by other forms of grant as
provided for in Article 3.2 of the Specific agreement.
II.20.3.2 If the Specific agreement so provides, the partner may submit to the Commission a
request asking it to assess the compliance of its usual cost accounting practices. If
required by the Specific agreement, the request must be accompanied by a
certificate on the compliance of the cost accounting practices (‘certificate on the
compliance of the cost accounting practices’).
The certificate on the compliance of the cost accounting practices must be:
(a) produced by an approved auditor or, if the partner is a public body, by a
competent and independent public officer; and
(b) drawn up in accordance with Annex VII.
The certificate must certify that the partner’s cost accounting practices used for the purpose
of declaring eligible costs comply with the conditions laid down in Article II.20.3.1 and with
the additional conditions that may be laid down in the Special conditions or in the Specific
agreement.
II.20.3.3 If the Commission has confirmed that the partner’s usual cost accounting practices
are in compliance, costs declared in application of these practices may not be
challenged ex post, if:
(a) the practices actually used comply with those approved by the Commission;
and
(b) the partner did not conceal any information for the purpose of the approval of
its cost accounting practices.
ARTICLE II.21 – ELIGIBILITY OF COSTS OF ENTITIES AFFILIATED TO THE
PARTNER
If the Special Conditions or the Specific agreement contain a provision on entities affiliated
to the partner, costs incurred by such an entity are eligible, if:
(i) they satisfy the same conditions under Articles II.19 and II.20 as apply to the partner,
and
(ii) the partner ensures that the conditions applicable to it under Articles II.4, II.5, II.6, II.8,
II.10, II.11 and II.27 are also applicable to the entity.
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ARTICLE II.22 – BUDGET TRANSFERS
The partner is allowed to adjust the estimated budget set out in Annex II of the Specific
agreement, by transfers between the different budget categories if the action is implemented
as described in Annex II of the Specific agreement. This adjustment does not require an
amendment of the Specific agreement as provided for in Article II.13.
However, the partner may not add costs relating to subcontracts not provided for in Annex II
of the Specific agreement, unless such additional subcontracts are approved by the
Commission in accordance with Article II.11.1(d).
The first two subparagraphs do not apply to amounts which, as provided for in Article
3.2(a)(iii) or (c) of the Specific agreement, take the form of lump sums.
ARTICLE II.23 – NON-COMPLIANCE WITH THE REPORTING OBLIGATIONS
The Commission may terminate the Framework agreement or a Specific agreement as
provided for in Article II.17.2.2(b) and may reduce the specific grant as provided for in
Article II.25.4 if the partner:
(a) did not submit a request for interim payment or payment of the balance accompanied
by the documents referred to in Articles 4.3 or 4.4 of the Specific agreement within 60
calendar days following the end of the corresponding reporting period; and
(b) still fails to submit such a request within further 60 calendar days following a written
reminder sent by the Commission.
ARTICLE II.24 – SUSPENSION OF PAYMENTS AND TIME LIMIT FOR PAYMENT
II.24.1 Suspension of payments
II.24.1.1 Grounds for suspension
The Commission may, at any time during the implementation of the Specific agreement,
suspend, in whole or in part, the pre-financing payments, interim payments or payment of the
balance:
(a) if the Commission has evidence that the partner has committed substantial errors,
irregularities or fraud in the award procedure or while implementing the Framework
agreement or a Specific agreement or if the partner fails to comply with its obligations
under the Framework agreement or the Specific agreement;
(b) if the Commission has evidence that the partner has committed systemic or recurrent
errors, irregularities, fraud or serious breach of obligations in other grants funded by
the Union or the European Atomic Energy Community (‘Euratom’) awarded to the
partner under similar conditions and such errors, irregularities, fraud or breach have a
material impact on a specific grant awarded under the Framework agreement; or
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(c) if the Commission suspects substantial errors, irregularities, fraud or breach of
obligations committed by the partner in the award procedure or while implementing
the Framework agreement or the Specific agreement and needs to verify whether they
have actually occurred.
II.24.1.2 Procedure for suspension
Step 1 — Before suspending payments, the Commission must send a formal notification to
the partner:
(a) informing it of:
(i) its intention to suspend payments;
(ii) the reasons for suspension;
(iii) in the cases referred to in points (a) and (b) of Article II.24.1.1, the conditions
that need to be met for payments to resume; and
(b) inviting it to submit observations within 30 calendar days of receiving the formal
notification.
Step 2 — If the Commission does not receive observations or decides to pursue the
procedure despite the observations it has received, it must send a formal notification to the
partner informing it of:
(a) the suspension of payments;
(b) the reasons for suspension;
(c) the final conditions under which payments may resume in the cases referred to in
points (a) and (b) of Article II.24.1.1;
(d) the indicative date of completion of the necessary verification in the case referred to
in point (c) of Article II.24.1.1.
The suspension takes effect on the day the Commission sends formal notification of
suspension (Step 2).
Otherwise, the Commission must send a formal notification to the partner informing it that it
is not continuing with the suspension procedure.
II.24.1.3 Effects of suspension
During the period of suspension of payments the partner is not entitled to submit any requests
for payments and supporting documents referred to in Articles 4.2, 4.3 and 4.4 of the Specific
agreement.
The corresponding requests for payments and supporting documents may be submitted as
soon as possible after resumption of payments or may be included in the first request for
payment due following resumption of payments in accordance with the schedule laid down in
Article 4.1 of the Specific agreement.
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The suspension of payments does not affect the right of the partner to suspend the
implementation of the action as provided for in Article II.16.1 or to terminate the Framework
agreement or the Specific agreement as provided for in Article II.17.1.2.
II.24.1.4 Resuming payments
In order for the Commission to resume payments, the partner must meet the notified
conditions as soon as possible and must inform the Commission of any progress made.
If the conditions for resuming payments are met, the suspension will be lifted. The
Commission will send a formal notification to the partner informing it of this.
II.24.2 Suspension of the time limit for payments
II.24.2.1 The Commission may at any moment suspend the time limit for payment specified
in Articles 5.2, 5.3 and 5.4 of the Specific agreement if a request for payment
cannot be approved because:
(a) it does not comply with the Specific agreement or the Framework agreement;
(b) the appropriate supporting documents have not been produced; or
(c) there is a doubt about the eligibility of the costs declared in the financial
statements and additional checks, reviews, audits or investigations are
necessary.
II.24.2.2 The Commission must send a formal notification to the partner informing it of:
(a) the suspension; and
(b) the reasons for the suspension.
The suspension takes effect on the day the Commission sends the formal
notification.
II.24.2.3 If the conditions for suspending the payment deadline are no longer met, the
suspension will be lifted and the remaining period will resume.
If the suspension exceeds two months, the partner may request the Commission if the
suspension will continue.
If the payment deadline has been suspended because the technical reports or financial
statements do not comply with the Specific agreement or the Framework agreement and the
revised report or statement is not submitted or was submitted but is also rejected, the
Commission may terminate the Specific agreement and the Framework agreement as
provided for in Article II.17.2.2(b) and reduce the grant as provided for in Article II.25.4.
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ARTICLE II.25 – CALCULATION OF THE FINAL AMOUNT OF A SPECIFIC GRANT
The final amount of the specific grant depends on the extent to which the action has been
implemented in accordance with the terms of the Specific agreement and the Framework
agreement.
The final amount of the grant is calculated by the Commission at the time of the payment of
the balance. The calculation involves the following steps:
Step 1 — Application of the reimbursement rate to the eligible costs and addition of the
unit, flat-rate and lump sum contributions
Step 2 — Limit to the maximum amount of the grant
Step 3 — Reduction due to the no-profit rule
Step 4 — Reduction due to improper implementation or breach of other obligations.
II.25.1 Step 1 — Application of the reimbursement rate to the eligible costs and
addition of the unit, flat-rate and lump sum contributions
This step is applied as follows:
(a) If, as provided for in Article 3.2(a) of the Specific agreement, the grant takes the form
of the reimbursement of eligible costs, the reimbursement rate specified in that Article
is applied to the eligible costs of the action approved by the Commission for the
corresponding categories of costs, for the partner and its affiliated entities;
(b) If, as provided for in Article 3.2(b) of the Specific agreement, the grant takes the form
of a unit contribution, the unit contribution specified in that Article is multiplied by
the actual number of units approved by the Commission for the partner and its
affiliated entities;
(c) If, as provided for in Article 3.2(c) of the Specific agreement, the grant takes the form
of a lump sum contribution, the Commission applies the lump sum specified in that
Article for the partner and its affiliated entities if it finds that the corresponding tasks
or part of the action were implemented properly in accordance with Annex II of the
Specific agreement;
(d) If, as provided for in Article 3.2(d) of the Specific agreement, the grant takes the form
of a flat-rate contribution, the flat rate referred to in that Article is applied to the
eligible costs or to the contribution approved by the Commission for the partner and
its affiliated entities.
If Article 3.2 of the Specific agreement provides for a combination of different forms of
grant, the amounts obtained must be added together.
II.25.2 Step 2 — Limit to maximum amount of the grant
The total amount paid to the partner by the Commission may in no circumstances exceed the
maximum amount of the grant.
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If the amount obtained following Step 1 is higher than this maximum amount, the final
amount of the grant is limited to the latter.
II.25.3 Step 3 — Reduction due to the no-profit rule
The grant may not produce a profit for the partner, unless specified otherwise in the Special
Conditions or in the Specific agreement.
‘Profit’ means the surplus of the amount obtained following Steps 1 and 2 plus the total
receipts of the action, over the total eligible costs of the action.
The total eligible costs of the action are the consolidated total eligible costs approved by the
Commission for the categories of costs reimbursed in accordance with Article 3.2(a) of the
Specific agreement.
The total receipts of the action are the consolidated total receipts established, generated or
confirmed on the date on which the request for payment of the balance is drawn up by the
partner.
The following are considered receipts:
(a) income generated by the action;
(b) financial contributions given by third parties to the partner or to an affiliated entity, if
they are specifically assigned by the third parties to the financing of the eligible costs
of the action reimbursed by the Commission in accordance with Article 3.2(a)(i) of
the Specific agreement.
The following are not considered receipts:
(a) financial contributions by third parties, if they may be used to cover costs other than
the eligible costs under the Specific agreement;
(b) financial contributions by third parties with no obligation to repay any amount unused
at the end of the implementation period;
(c) in case of an operating grant, amounts dedicated to the building up of reserves.
If there is a profit, it will be deducted in proportion to the final rate of reimbursement of the
actual eligible costs of the action approved by the Commission for the categories of costs
referred to in Article 3.2(a)(i) of the Specific agreement. This deduction will be applied on
the amount calculated following Steps 1 and 2.
II.25.4 Step 4 — Reduction due to improper implementation or breach of other
obligations
The Commission may reduce the maximum amount of the grant if the action has not been
implemented properly as described in Annex II of the Specific agreement (i.e. if it has not
been implemented or has been implemented poorly, partially or late), or if another obligation
under the Framework agreement or the Specific agreement has been breached.
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The amount of the reduction will be proportionate to the degree to which the action has been
implemented improperly or to the seriousness of the breach.
Before the Commission reduces the grant, it must send a formal notification to the partner:
(a) informing it of:
(i) its intention to reduce the maximum amount of the grant;
(ii) the amount by which it intends to reduce the grant;
(iii) the reasons for reduction; and
(b) inviting it to submit observations within 30 calendar days of receiving the formal
notification.
If the Commission does not receive any observations or decides to pursue reduction despite
the observations it has received, it will send a formal notification informing the partner of its
decision.
If the grant is reduced, the Commission must calculate the reduced grant amount by
deducting the amount of the reduction (calculated in proportion to the improper
implementation of the action or to the seriousness of the breach of obligations) from the
maximum amount of the grant.
The final amount of the grant will be the lower of the following two:
(a) the amount obtained following Steps 1 to 3; or
(b) the reduced grant amount following Step 4.
ARTICLE II.26 – RECOVERY
II.26.1 Recovery
Where an amount is to be recovered under the terms of the Framework agreement and
any Specific agreement, the partner must repay the Commission the amount in
question.
The partner is responsible for the repayment of any amount unduly paid by the
Commission as a contribution towards the costs incurred by its affiliated entities.
II.26.2 Recovery procedure
Before recovery, the Commission must send a formal notification to the partner
(a) informing it of its intention to recover the amount unduly paid;
(b) specifying the amount due and the reasons for recovery; and
(c) inviting the partner to make any observations within a specified period.
If no observations have been submitted or if, despite the observations submitted by
the partner, the Commission decides to pursue the recovery procedure, the
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Commission may confirm recovery by sending a formal notification to the partner
consisting of a debit note, specifying the terms and the date for payment.
If payment has not been made by the date specified in the debit note, the
Commission will recover the amount due:
(a) by offsetting it, without the partner's prior consent, against any amounts owed
to the partner by the Commission or an executive agency (from the Union or
the European Atomic Energy Community (Euratom) budget (“offsetting”);
In exceptional circumstances, to safeguard the financial interests of the Union,
the Commission may offset before the due date.
An action may be brought against such offsetting before the General Court of
the European Union in accordance with Article 263 TFEU;
(b) by drawing on the financial guarantee where provided for in accordance with
Article 5.2 of the Specific agreement (“drawing on the financial guarantee”);
(c) by taking legal action as provided for in Article II.18.2 or in the Special
Conditions or by adopting an enforceable decision as provided for in Article
II.18.3.
II.26.3 Interest on late payment
If payment is not made by the date in the debit note, the amount to be recovered will
be increased by late payment interest at the rate set out in Article 5.6 of the Specific
agreement from the day following the date for payment in the debit note, up to and
including the date the Commission receives full payment of the amount.
Partial payment must first be credited against charges and late payment interest and
then against the principal.
II.26.4 Bank charges
Bank charges incurred in the recovery process must be borne by the partner, unless
Directive 2007/64/EC8 applies.
ARTICLE II.27 – CHECKS, AUDITS AND EVALUATION
II.27.1 Technical and financial checks, audits, interim and final evaluations
The Commission may, during the implementation of an action or afterwards, carry out
technical and financial checks and audits to determine that the partner is implementing the
action properly and is complying with the obligations under the Specific agreement or the
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Framework agreement. It may also check the partner's statutory records for the purpose of
periodic assessments of lump sum, unit cost or flat-rate amounts.
Information and documents provided as part of checks or audits must be treated on a
confidential basis.
In addition, the Commission may carry out an interim or final evaluation of the impact of the
action measured against the objective of the Union programme concerned.
Commission checks, audits or evaluations may be carried out either directly by the
Commission's own staff or by any other outside body authorised to do so on its behalf.
The Commission may initiate such checks, audits or evaluations during the implementation
of the Specific agreement and during a period of five years starting from the date of payment
of the balance for the action concerned. This period is limited to three years if the maximum
amount of the grant is not more than EUR 60 000.
The check, audit or evaluation procedures are considered to be initiated on the date of receipt
of the letter of the Commission announcing it.
If the audit is carried out on an affiliated entity, the partner must inform that affiliated entity.
II.27.2 Duty to keep documents
The partner must keep all original documents, especially accounting and tax records, stored
on any appropriate medium, including digitalised originals when they are authorised by its
national law and under the conditions laid down therein, during a period of five years starting
from the date of payment of the balance for the action concerned.
This period during which documents must be kept is limited to three years if the maximum
amount of the grant is not more than EUR 60 000.
The periods set out in the first and second subparagraphs are longer if there are on-going
audits, appeals, litigation or pursuit of claims concerning the grant, including in the cases
referred to in Article II.27.7. In such cases, the partner must keep the documents until such
audits, appeals, litigation or pursuit of claims have been closed.
II.27.3 Obligation to provide information
The partner must provide any information, including information in electronic format,
requested by the Commission, or by any other outside body authorised by the Commission.
If the partner does not comply with the obligation set out in the first subparagraph, the
Commission may consider:
(a) any cost insufficiently substantiated by information provided by the partner as ineligible;
(b) any unit, lump sum or flat-rate contribution insufficiently substantiated by information
provided by the partner as undue.
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II.27.4 On-the-spot visits
During an on-the-spot visit, the partner must allow Commission staff and outside personnel
authorised by the Commission to have access to the sites and premises where the action
concerned is or was carried out, and to all the necessary information, including information in
electronic format.
The partner must ensure that the information is readily available at the moment of the on-the-
spot visit and that information requested is handed over in an appropriate form.
If the partner refuses to provide access to the sites, premises and information as required in
the first and second subparagraphs, the Commission may consider:
(a) any cost insufficiently substantiated by information provided by the partner as ineligible;
(b) any unit, lump sum or flat-rate contribution insufficiently substantiated by information
provided by the partner as undue.
II.27.5 Contradictory audit procedure
On the basis of the findings made during the audit, a provisional report (“draft audit report”)
must be drawn up. It must be sent by the Commission or its authorised representative to the
partner, which must have 30 calendar days from the date of receipt to submit observations.
The final report (“final audit report”) must be sent to the partner within 60 calendar days of
expiry of the time limit for submission of observations.
II.27.6 Effects of audit findings
On the basis of the final audit findings, the Commission may take the measures it considers
necessary, including recovery of all or part of the payments made by it under the Specific
agreement concerned, as provided for in Article II.26.
In the case of final audit findings after the payment of the balance, the amount to be
recovered corresponds to the difference between the revised final amount of the specific
grant, determined in accordance with Article II.25, and the total amount paid to the partner
under the Specific agreement for the implementation of the action.
II.27.7 Correction of systemic or recurrent errors, irregularities, fraud or breach of
obligations
II.27.7.1 The Commission may extend audit findings from other grants to a specific grant
awarded under the Framework agreement if:
(a) the partner is found to have committed systemic or recurrent errors,
irregularities, fraud or breach of obligations in other EU or Euratom grants
awarded under similar conditions and such errors, irregularities, fraud or
breach have a material impact on a specific grant awarded under the
Framework agreement; and
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(b) the final audit findings are sent to the partner through a formal notification,
together with the list of grants affected by the findings within the period
referred to in Article II.27.1.
The extension of findings may lead to:
(a) the rejection of costs as ineligible;
(b) reduction of the grant as provided for in Article II.25.4;
(c) recovery of undue amounts as provided for in Article II.26;
(d) suspension of payments as provided for in Article II.24.1;
(e) suspension of the action implementation as provided for in Article II.16.2;
(f) termination as provided for in Article II.17.2.
II.27.7.2 The Commission must send a formal notification to the partner informing it of
the systemic or recurrent errors and of its intention to extend the audit findings, together with
the list of grants affected.
(a) If the findings concern eligibility of costs the procedure is as follows:
Step 1 — The formal notification must include:
(i) an invitation to submit observations on the list of grants affected by the findings;
(ii) a request to submit revised financial statements for all grants affected;
(iii) where possible, the correction rate for extrapolation established by the Commission
to calculate the amounts to be rejected on the basis of the systemic or recurrent errors,
irregularities, fraud or breach of obligations, if the partner:
considers that the submission of revised financial statements is not possible or
practicable; or
will not submit revised financial statements.
Step 2 — The partner has 60 calendar days from when it receives the formal notification to
submit observations and revised financial statements or to propose a duly substantiated
alternative correction method. This period may be extended by the Commission in justified
cases.
Step 3 — If the partner submits revised financial statements that take account of the findings
the Commission will determine the amount to be corrected on the basis of those revised
statements.
If the partner proposes an alternative correction method and the Commission accepts it, the
Commission must send a formal notification to the partner informing it:
(i) that it accepts the alternative method;
(ii) of the revised eligible costs determined by applying this method.
Otherwise the Commission must send a formal notification to the partner informing it:
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(i) that it does not accept the observations or the alternative method proposed;
(ii) of the revised eligible costs determined by applying the extrapolation method initially
notified to the partner.
If the systemic or recurrent errors, irregularities, fraud or breach of obligations are found
after the payment of the balance, the amount to be recovered corresponds to the difference
between:
(i) the revised final amount of the grant, determined in accordance with Article II.25 on
the basis of the revised eligible costs declared by the partner and approved by the
Commission or on the basis of the revised eligible costs after extrapolation; and
(ii) the total amount paid to the partner under the Specific agreement for the
implementation of the action;
(b) If the findings concern improper implementation or a breach of another obligation the
procedure is as follows:
Step 1 — The formal notification must include:
(i) an invitation to the partner to submit observations on the list of grants affected by the
findings and
(ii) the correction flat rate the Commission intends to apply to the maximum amount of
the grant or to part of it, according to the principle of proportionality.
Step 2 — The partner has 60 calendar days from receiving the formal notification to submit
observations or to propose a duly substantiated alternative flat-rate.
Step 3 — If the Commission accepts the alternative flat rate proposed by the partner, it must
send a formal notification to the partner informing it:
(i) that it accepts the alternative flat-rate;
(ii) of the corrected grant amount by applying this flat rate.
Otherwise the Commission must send a formal notification to the partner informing it:
(i) that it does not accept the observations or the alternative flat rate proposed;
(ii) of the corrected grant amount by applying the flat rate initially notified to the partner.
If the systemic or recurrent errors, irregularities, fraud or breach of obligations are found
after the payment of the balance, the amount to be recovered corresponds to the difference
between:
(i) the revised final amount of the grant after flat-rate correction; and
(ii) the total amount paid to the partner under the Specific agreement for the
implementation of the action.
II.27.8 Checks and inspections by OLAF
European Solidarity Corps Framework Partnership Agreement – Special Conditions, General Conditions
Volunteering Partnerships: December 2018
Agreement number: [complete]
The European Anti-Fraud Office (OLAF) has the same rights as the Commission, particularly
the right of access, for the purpose of checks and investigations.
Under Council Regulation (Euratom, EC) No 2185/969 and Regulation (EU, Euratom)
No 883/201310 OLAF may also carry out on-the-spot checks and inspections in accordance
with the procedures laid down by Union law for the protection of the financial interests of the
Union against fraud and other irregularities.
Where appropriate, OLAF findings may lead to the Commission recovering amounts from
the partner.
Moreover, findings arising from an OLAF investigation may lead to criminal prosecutions
under national law.
II.27.9 Checks and audits by the European Court of Auditors
The European Court of Auditors has the same rights as the Commission, particularly the right
of access, for the purpose of checks and audits.
9 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections
carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other
irregularities.
10 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning
investigations conducted by the European Anti-Fraud Office (OLAF).
European Solidarity Corps Framework Partnership Agreement – Special Conditions, General Conditions
Volunteering Partnerships: December 2018
Agreement number: [complete]
ANNEX II
ACTION PLAN11
Note: Any grant(s) that may be awarded under this Framework Agreement shall aim at
implementing the project(s) as described in the application form(s) submitted by the partner,
in line with the general principles laid out in the Preamble and in the Action Plan. An
indicative maximum amount of the grant will be included in the Action Plan, based on the
information provided in the application form(s).
11 The action plan should include the common objectives of the parties in compliance with the objectives stipulated in the
Preamble and the types of activities covered under this Framework partnership, contributing to the achievement of those
objectives.
Agreement number: «NO_REF»
Model framework partnership agreement - operating grants – lump sum: October 2016
ANNEX VI
MODEL SPECIFIC GRANT AGREEMENT