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Agreement number: INEA/CEF/ICT/A2015/1151741
Action No: 2015-EU-IA-0031
CEF general model agreement: 31 July 2014
Innovation and Networks Executive Agency
Department C - Connecting Europe Facility (CEF)
GRANT AGREEMENT
UNDER THE CONNECTING EUROPE FACILITY (CEF) -
TELECOMMUNICATIONS SECTOR
AGREEMENT No INEA/CEF/ICT/A2015/1151741
The Innovation and Networks Executive Agency (INEA) ("the Agency"), under the
powers delegated by the European Commission ("the Commission"), represented for the
purposes of signature of this Agreement by the Director of the Agency, Dirk Beckers,
on the one part,
and
1. CZ.NIC, z. s. p. o. (CZ.NIC Association) (CZ.NIC)
Private sector undertaking
Registration No 6795726
Milešovská 1136/5
13000 Praha 3
Czech Republic
VAT No CZ6795726,
hereinafter referred to as “the coordinator”, represented for the purposes of signature of this
Agreement by CEO, Ondřej Filip
and the following other beneficiaries:
2. Český telekomunikační úřad (Czech Telecommunication Office) (CTU) - established in
Czech Republic
3. Úrad pre reguláciu elektronických komunikácií a poštových služieb (Regulatory Authority
for Electronic Communications and Postal Services) (SK-Teleoff) - established in Slovakia
4. Specure GmbH (Specure) - established in Austria
5. Agencija za komunikacijska omrežja in storitve RS (Agency for Communication Networks
and Services of the Republic of Slovenia) (AKOS) - established in Slovenia
duly represented by the coordinator by virtue of the mandates included in Annex IV for the
signature of this Agreement,
hereinafter referred to collectively as “the beneficiaries”, and individually as “beneficiary”
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Agreement number: INEA/CEF/ICT/A2015/1151741
Action No: 2015-EU-IA-0031
for the purposes of this Agreement where a provision applies without distinction between the
coordinator or another beneficiary,
on the other part,
HAVE AGREED
to the Special Conditions (hereinafter referred to as “the Special Conditions”) and the
following Annexes:
Annex I Description of the action
Annex II General Conditions (hereinafter referred to as “the General Conditions”)
Annex III Estimated budget of the action
Annex IV Mandates provided to the coordinator by the other beneficiaries
Annex V Model technical report(s)
Annex VI Model financial statement(s)
Annex VII Model terms of reference for the certificate on the financial statements
which form an integral part of this Agreement, hereinafter referred to as "the Agreement".
The terms set out in the Special Conditions shall take precedence over those set out in the
Annexes.
The terms of Annex II "General Conditions" shall take precedence over the other Annexes.
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Agreement number: INEA/CEF/ICT/A2015/1151741
Action No: 2015-EU-IA-0031
SPECIAL CONDITIONS
TABLE OF CONTENT
ARTICLE 1 – SUBJECT MATTER OF THE AGREEMENT
ARTICLE 2 – ENTRY INTO FORCE OF THE AGREEMENT AND DURATION OF
THE ACTION
ARTICLE 3 – MAXIMUM AMOUNT AND FORM OF THE GRANT
ARTICLE 4 –
ADDITIONAL PROVISIONS ON REPORTING, PAYMENTS AND
ARTICLE 5 – PAYMENT ARRANGEMENTS
ARTICLE 6 – BANK ACCOUNT FOR PAYMENTS
DATA CONTROLLER AND COMMUNICATION DETAILS OF THE
ARTICLE 7 – PARTIES
ARTICLE 8 – ENTITIES AFFILIATED TO THE BENEFICIARIES
ARTICLE 9 – IMPLEMENTING BODIES DESIGNATED BY THE BENEFICIARIES
ARTICLE 10 – MONO-BENEFICIARY GRANT
ADDITIONAL PROVISIONS ON REIMBURSEMENT OF COSTS
ARTICLE 11 – DECLARED ON THE BASIS OF THE BENEFICIARY'S USUAL COST
ACCOUNTING PRACTICES
ARTICLE 12 – ADDITIONAL PROVISIONS ON USE OF THE RESULTS
(INCLUDING INTELLECTUAL AND INDUSTRIAL PROPERTY
ARTICLE 13 – RIGHTS)
ARTICLE 14 – OBLIGATION TO CONCLUDE AN INTERNAL CO-OPERATION
ARTICLE 15 – AGREEMENT
ARTICLE 16 – INAPPLICABILITY OF THE NO-PROFIT PRINCIPLE
INELIGIBILITY OF VALUE ADDED TAX
ARTICLE 17 – SPECIAL PROVISIONS ON ELIGIBLE COSTS
ARTICLE 18 – WAIVING OF THE OBLIGATION TO PROVIDE CERTIFICATES ON
THE FINANCIAL STATEMENTS
ARTICLE 19 – FINANCIAL SUPPORT TO THIRD PARTIES
ARTICLE 20 – IMPLEMENTATION OF ACTION TASKS BY BENEFICIARIES NOT
ARTICLE 21 – RECEIVING EU FUNDING
SETTLEMENT OF DISPUTES WITH NON EU BENEFICIARIES
BENEFICIARIES WHICH ARE INTERNATIONAL ORGANISATIONS
JOINT AND SEVERAL FINANCIAL LIABILITY FOR RECOVERIES
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Agreement number: INEA/CEF/ICT/A2015/1151741
Action No: 2015-EU-IA-0031
ARTICLE 1 – SUBJECT MATTER OF THE AGREEMENT
The Commission has decided to award a grant, under the terms and conditions set out in the
Special Conditions, the General Conditions and the other Annexes to the Agreement, for the
action entitled "Open crowdsourcing data related to the quality of service of high-speed
Internet" ("the action"), action number 2015-EU-IA-0031 as described in Annex I.
With the signature of the Agreement, the beneficiaries accept the grant and agree to
implement the action, acting on their own responsibility.
ARTICLE 2 – ENTRY INTO FORCE OF THE AGREEMENT AND DURATION OF
THE ACTION
2.1 The Agreement shall enter into force on the date on which the last party signs.
2.2 The action shall run from 01/01/2017 (“the starting date”) until 31/12/2018 (“the
completion date”).
ARTICLE 3 - MAXIMUM AMOUNT AND FORM OF THE GRANT
The grant for the action shall be of a maximum amount of EUR 498,904.
The grant shall take the form of:
(a) the reimbursement of 50.00% of the eligible costs of the action ("reimbursement of
eligible costs"), which are estimated at EUR 997,808 and which are:
(i) actually incurred (“reimbursement of actual costs”)
(ii) reimbursement of unit costs: not applicable
(iii) reimbursement of lump sum costs: not applicable
(iv) for indirect costs declared on the basis of a flat-rate of 7% of the total eligible direct
costs minus subcontracting costs within the meaning of Article II.10 and costs of
financial support to third parties within the meaning of Article II.11
(“reimbursement of flat-rate costs”);
(v) declared on the basis of an amount per unit calculated in accordance with the
beneficiary’s usual cost accounting practices (“reimbursement of costs declared on
the basis of the beneficiary's usual cost accounting practices”) for personnel costs
(b) unit contribution: not applicable
(c) lump sum contribution: not applicable
(d) flat-rate contribution: not applicable
ARTICLE 4 – ADDITIONAL PROVISIONS ON REPORTING, PAYMENTS AND
PAYMENT ARRANGEMENTS
4.1 Reporting periods and payments
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Agreement number: INEA/CEF/ICT/A2015/1151741
Action No: 2015-EU-IA-0031
In addition to the provisions set out in Articles II.23 and II.24, the following reporting and
payment arrangements shall apply:
4.1.1 Reporting periods
The action is divided into the following reporting periods:
One single reporting period from the starting date to the completion date of the action.
4.1.2 Payments
Upon entry into force of the Agreement, the Agency shall make the pre-financing payment of
EUR 249,452 (two hundred forty-nine thousand four hundred fifty-two euros) to the
coordinator in accordance with Article II.24.1., subject to the receipt of a guarantee of EUR
101,022.
At the end of each reporting period, except the last reporting period, the Agency shall make
an interim payment to the coordinator in accordance with Article II.24.2.
At the end of the last reporting period, the Agency shall make the payment of the balance to
the coordinator in accordance with Article II.24.3.
4.2 Time limit for payments
The time limit for the Agency to make the payment of the balance is 90 days.
4.3 Language and submission means of requests for payment, reports and financial
statements
All requests for payments, reports and financial statements shall be submitted in English.
Those documents or, if applicable, scanned copies of the original signed paper versions and
electronic files, shall be sent via e-mail to the e-mail address specified in Article 6.2.
ARTICLE 5 – BANK ACCOUNT FOR PAYMENTS
All payments shall be made to the coordinator's bank account as indicated below:
Name of bank: Československá obchodní banka, a.s. (ČSOB)
Address of branch: Na Příkopě 857/18, 11520 Praha 1, Czech Republic
Precise denomination of the account holder: CZ.NIC, z. s. p. o.
Full account number (including bank codes): CZ51 0300 0000 0001 3214 5762
IBAN code: CZ51 0300 0000 0001 3214 5762
ARTICLE 6 - DATA CONTROLLER AND COMMUNICATION DETAILS OF THE
PARTIES
6.1 Data controller
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Agreement number: INEA/CEF/ICT/A2015/1151741
Action No: 2015-EU-IA-0031
The entity acting as a data controller according to Article II.6 shall be the Director of the
Agency.
6.2 Communication details of the Agency
Any communication addressed to the Agency by post or e-mail shall be sent to the following
address:
Innovation and Networks Executive Agency (INEA)
Department C - Connecting Europe Facility (CEF)
Unit C4 Energy & ICT
B-1049 Brussels
Fax: +32(0)2 297 37 27
E-Mail addresses:
For general communication: inea@ec.europa.eu
For the submission of requests for payment, reports and financial statements: INEA-
CEF-ICT@ec.europa.eu
Any communication addressed to the Agency by registered mail, courier service or hand-
delivery shall be sent to the following address:
Innovation and Networks Executive Agency (INEA)
Avenue du Bourget, 1
B-1140 Brussels (Evere)
6.3 Communication details of the beneficiaries
Any communication from the Agency to the beneficiaries shall be sent to the following
addresses:
For CZ.NIC, z. s. p. o. (CZ.NIC Association):
Jiří Průša
Project Manager
Milešovská 1136/5, 13000 Praha 3, Czech Republic
E-mail address: xxxxxxxxxxxxxx
ARTICLE 7 – ENTITIES AFFILIATED TO THE BENEFICIARIES
Not applicable.
ARTICLE 8 - IMPLEMENTING BODIES DESIGNATED BY THE BENEFICIARIES
Not applicable.
ARTICLE 9 - MONO-BENEFICIARY GRANT
Not applicable.
ARTICLE 10 – ADDITIONAL PROVISIONS ON REIMBURSEMENT OF COSTS
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Agreement number: INEA/CEF/ICT/A2015/1151741
Action No: 2015-EU-IA-0031
DECLARED ON THE BASIS OF THE BENEFICIARY'S USUAL COST
ACCOUNTING PRACTICES
In addition to the conditions set out in Article II.20.5, where, in accordance with point (v) of
Article 3(a), the grant takes the form of the reimbursement of unit costs, lump sum costs or
flat-rate costs declared by the beneficiary on the basis of its usual cost accounting practices,
the beneficiary shall ensure that the cost accounting practices used are also in compliance
with the conditions laid down in Commission Decision C(2016)478 of 3 February 2016.
ARTICLE 11 – ADDITIONAL PROVISIONS ON USE OF THE RESULTS
(INCLUDING INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS)
In addition to the provisions of Article II.8.3, the beneficiaries shall warrant that the Agency
has the rights to:
– summarise the results of the action and distribute the summary;
– extract a part (e.g. audio or video files) of, divide into parts or compile the results of
the action.
ARTICLE 12 – OBLIGATION TO CONCLUDE AN INTERNAL CO-OPERATION
AGREEMENT
Not applicable.
ARTICLE 13 - INAPPLICABILITY OF THE NO-PROFIT PRINCIPLE
Not applicable.
ARTICLE 14 - INELIGIBILITY OF VALUE ADDED TAX
By way of derogation from point (h) of Article II.19.2, amounts of value added tax (VAT)
paid are not eligible for the following beneficiaries: Agencija za komunikacijska omrežja in
storitve RS (Agency for Communication Networks and Services of the Republic of Slovenia),
Úrad pre reguláciu elektronických komunikácií a poštových služieb (Regulatory Authority
for Electronic Communications and Postal Services) and Český telekomunikační úřad (Czech
Telecommunication Office).
ARTICLE 15 - SPECIAL PROVISIONS ON ELIGIBLE COSTS
Not applicable.
ARTICLE 16 – WAIVING OF THE OBLIGATION TO PROVIDE CERTIFICATES
ON THE FINANCIAL STATEMENTS
Not applicable.
ARTICLE 17 - FINANCIAL SUPPORT TO THIRD PARTIES
Article II.11 is not applicable.
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Agreement number: INEA/CEF/ICT/A2015/1151741
Action No: 2015-EU-IA-0031
ARTICLE 18 — IMPLEMENTATION OF ACTION TASKS BY BENEFICIARIES
NOT RECEIVING EU FUNDING
Not applicable.
ARTICLE 19 – SETTLEMENT OF DISPUTES WITH NON EU BENEFICIARIES
Not applicable.
ARTICLE 20 – BENEFICIARIES WHICH ARE INTERNATIONAL
ORGANISATIONS
Not applicable.
ARTICLE 21 – JOINT AND SEVERAL FINANCIAL LIABILITY FOR
RECOVERIES
Not applicable.
SIGNATURES For the Agency
For the coordinator
Dirk Beckers
Ondřej Filip Done at Brussels, on
Done at Praha 3, on 20 October 2016
In duplicate in English
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