Textová podoba smlouvy Smlouva č. 7660023: smlouva EPALE - DZS a EACEA

                        Agreement number: 2018 - 2304 /001 - 001 Model grant agreement (mono beneficiary): October 2016

Education, Audiovisual and Culture Executive Agency

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Nu

Erasmus+: Schools, Vocational Training, Adult Education, Platforms

GRANT AGREEMENT FOR AN ACTION

AGREEMENT NUMBER - 2018 - 2304 / 001 - 001

The Education, Audiovisual and Culture Executive Agency (hereinafter referred to as "the
Agency"), acting under powers delegated by the European Commission (hereinafter referred to as “the
Commission"), represented for the purposes of signature of this Agreement by 1 Head
of Unit A5,

on the one part,

and

DUM ZAHRANICNI SPOLUPRACE,
NA PORICI 1035/4 NOVE MESTO,
CZ- 11000 PRAHA

VAT NUMBER CZ61386839,

hereinafter referred to as “the beneficiary", represented for the purposes of signature of this
Agreement by

on the other part,

HAVE AGREED

Agreement number: 2018 - 2304 / 001 - 001 Model grant agreement (mono beneficiary): October 2016

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 II Estimated budget of the action

Annex IV Model progress and final technical report

Annex V Model final financial statement

Annex VI | List of supporting documents; Guidance notes — Report of Factual Findings on the
Final Financial Report — Type I; Guidance notes — Report of Factual Findings on the
Final Financial Report — Type II;

Annex VII | Model terms of reference for the operational verification report: not applicable
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.

Agreement number: 2018 - 2304 / 001 - 001 Model grant agreement (mono beneficiary): October 2016

SPECIAL CONDITIONS

ARTICLE Li - SUBJECT MATTER OF THE AGREEMENT

A European Union grant is awarded, 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 EPALE

NATIONAL SUPPORT SERVICES (NSS) ("the action“) as described in Annex I

With the signature of the Agreement, the beneficiary accepts the grant and agrees to implement the

action, acting on its own responsibility,

ARTICLE 1.2 - ENTRY INTO FORCE OF THE AGREEMENT AND DURATION

I.2.1 | The Agreement shall enter into force on the date on which the last party signs.

1.2.2 | The action shall run for 24 months as of 01-01-2019 (“the starting date of the action“) and
shall end on 31-12-2020.

ARTICLE L.3 - MAXIMUM AMOUNT AND FORM OF THE GRANT

The grant shall be of a maximum amount of EUR 212.800,00 and shall take the form of:

(a) The reimbursement of 80,00% of the eligible costs of the action ("reimbursement of eligible
costs""), which are estimated at EUR 266.000,00 and which are:

(i) actually incurred (“reimbursement of actual costs") for the categories of costs
indicated in Annex III.

(ii) reimbursement of unit costs: not applicable
(iii) reimbursement of lump sum costs: not applicable

(iv) declared on the basis of a flat-rate up to maximum of 7 % of the eligible direct cosís
("reimbursement of flat rate costs"") to cover the indirect cosis

(b) Unit contribution: not applicable
(c) Lump sum contribution: not applicable

(d) Flat-rate contribution; not applicable

Agreement number: 2018 - 2304 / 001 - 001 Model grant agreement (mano beneficiary): October 2016

ARTICLE I4 — ADDITIONAL PROVISIONS ON REPORTING, PAYMENTS AND
PAYMENT ARRANGEMENTS

I.4.1 | Reporting periods, payments and additional supporting documents
In addition to the provisions set out in Articles II.23 and II.24, the following reporting and payment
arrangements shall apply:

— Upon entry into force of the Agreement, a pre-financing payment of 70% of the maximum amount
specified in Article 1.3 shall be paid to the beneficiary;

— By way of derogation to article II.23.1, a technical report on progress and financial statement on
the action's implementation shall be sent to the Agency by 31-01-2020 at the latest;

Payment of the balance

- © Sole reporting period from 01-01-2019 to the end of the period set out in Article 1.2.2: the
balance shall be paid to the beneficiary in accordance with Article II.23.2,

Other supporting documents:
» For grants less than or egual to EUR 60.000:

The reguest for payment of the balance shall be accompanied by a list of supporting
documents as set out in Annex VI and in accordance with the reguirements laid down in
the invitation to submit a proposal for each grant for which the total contribution in the
form of reimbursement of actual costs as referred to in Article I.3(a)(i) is less than or
egual to EUR 60.000,

» | For grants of more than EUR 60.000 and less than EUR 750,000:

The reguest for payment of the balance shall be accompanied by a certificate on the
financial statements and underlying accounts (“Report of Factual Findings on the Final
Financial Report — Type I") as set out in Annex VI for each grant for which the total
contribution in the form of reimbursement of actual costs as referred to in Article I.3(a)(1)
is more than EUR 60.000 and less than EUR 750.000.

» For grants egual to or more than EUR 750.000:

The reguest for payment of the balance shall be accompanied by a certificate on the
financial statements and underlying accounts ("Report of Factual Findings on the Final
Financial Report — Type II") in accordance with Article II.23.2 (d), and as set out in
Annex VI for each grant for which the total contribution in the form of reimbursement of
actual costs as referred to in Article I.3 (a)(i) is egual to or more than EUR 750.000.

I.4.2 © Time limit for payments

The time limit for the Agency to make payment of the balance is 60 days.

I.4.3 | Language of reguests for payments, technical reports and financial statements

All reguests for payments, technical reports and financial statements shall be submitted in English,
French or German.

Agreement number: 2018 - 2304 / 001 -001 Model grant agreement (mono beneficiary): October 2016

ARTICLE I.5 - BANK ACCOUNT FOR PAYMENTS

All payments shall be made to the beneficiary's bank account, denominated in euro'“, as indicated
below"":

Name of bank: CESKA NARODNI BANKA

Address of branch: NA PRIKOPE 28,

CZ- PRAGUE

Precise denomination of the account holder: DUM ZAHRANICNI SPOLUPRACE
Full account number (including bank codes): IBAN. ONLY

IBAN code:

ARTICLE I.6 - DATA CONTROLLER AND COMMUNICATION DETAILS OF THE
PARTIES

E6.1 | Data controller

The entity acting as a data controller according to Article II.6 shall be the person who is representing
the Agency for the purposes of the signature of this Agreement.

I.6.2 © Communication details of the Agency
Any communication addressed to the Agency shall be sent to the following address:

Education, Audiovisual and Culture Executive Agency

Unit A5

Office J59-08/33

Avenue du Bourget, 1

1049 Brussels

BELGIUM

E-mail address: EACEA-EPLUS-EPALE ©ec.europa.ču

1.6.3 | Communication details of the beneficiary
Any communication from the Agency to the beneficiary shall be sent to the following address:
DUM ZAHRANTONT SPOLUPRÁCE

NA PORICI 1035/4 NOVE MESTO,
CZ - 110 00 PRAHA

0 Fxcept in the case of bank accounts in countries that do not accept euro transactions.

1 As shown by the account identification document issued or certified by the bank concerned,

Agreement number: 2018 - 2304 / 001 - 001 Model grant agreement (mono beneficiary): October 2016

ARTICLE I.7 — ADDITIONAL PROVISIONS ON USE OF THE RESULTS (INCLUDING
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS)

In addition to the provisions of Article II.8, if the beneficiary produces materials under the scope of
the project, such materials must be made available for the public, in digital form, freely accessible
through the Internet under open licenses.

The beneficiary must also warrant that the Agency and the European Union has the rights to:

© communicate the results of the action by any other types of communication not specified in the
General Conditions;

s edit or re-write in another way the results of the action, including shortening, sunmarising,
modifying the content, correcting technical errors in the content;

e cut, insert meta-data, legends or other graphic, visual, audio or word elements in the results of
the action;

e extract a part (e.g. audio or video files) of, divide into parts or compile the results of the action;

s prepare derivative works of the results of the action;

e translate, insert subtitles in, dub the results of the action in all official languages of EU;

« authorise or sub-licence the modes of exploitation set out above to third parties;

The Agency and the European Union shall have the rights of use specified in the General Conditions
and set out above for the whole duration of the industrial or intellectual property rights concerned.

ARTICLE I.8 - SPECIAL PROVISIONS ON BUDGET TRANSFERS

By way of derogation from the first subparagraph of Article II.22, budget transfers between budget
categories of eligible direct costs are limited to 10 % of the amount of each budget category for which
the transfer is intended,

ARTICLE I.9 -SETTLEMENT OF DISPUTES WITH A NON EU BENEFICIARY

By derogation from Article II.18.2, where the beneficiary is legally established in a country other than
a Member State of the European Union (the 'non EU beneficiary'), the Agency and/or the Union
and/or the non EU beneficiary may bring before the Courts of Brussels any dispute between the
Agency and/or the Union and the non EU beneficiary concerning the interpretation, application or
validity of the Agreement, if such dispute cannot be settled amicably. In such case where one party
(i.e. the Agency, the Union or the non EU beneficiary) has brought proceedings before the Courts of
Brussels concerning the interpretation, application or validity of the Agreement, the other party may
not bring a claim arising from the interpretation, application or validity of the Agreement in any other
court than the Courts of Brussels already seized.

Agreement number: 2018 - 2304 / 001 - 001 Model grant agreement (mono beneficiary): October 2016

ARTICLE L.10 - OTHER SPECIAL CONDITIONS

ARTICLE I.10.1— ADDITIONAL PROVISIONS ON AWARD OF CONTRACTS AND
SUBCONTRACTING

In addition to the provisions set out in Article II.9 and Article II.10, where the value of a contract
awarded in accordance with those Articles exceeds BUR 60.000, the beneficiary shall provide at least
three competitive bids.

In addition to the provisions set out in Article II.10.2 a), the essential activities which cannot be
subcontracted include:

management and general administration of the project

e coordination and steering of project activities

reporting to the Commission on policy developments at national level
reporting to the Executive Agency on administrative issues

liaising with relevant national bodies, Erasmus+ National Agencies and with the National
Coordinators for the implementation of the European Agenda for Adult Learning

working closely with the EPALE CSS for the development of the platform

guality control, including ensuring the guality of translations

ARTICLE I.10.2 - SPECIAL PROVISIONS ON THE CONVERSION OF COSTS INCURRED
IN ANOTHER CURRENCY INTO EURO

By way of derogation from Article II.23.4, any conversion into euro of costs incurred in other
currencies shall be made by the beneficiary at the monthly accounting rate established by the
Commission and published on its website

(http://ec.curopa.eu/budget/contracts grants/info contracts/inforeuro/inforeuro. en.cfm) applicable the
first month of the period of eligibility of costs as set out in Article 1.2.2.

 

 

ARTICLE I.10.3 — PUBLICITY

1. For the purpose of Article II.7 of the Grant Agreement, relating to the publicity and use of the
relevant logo, the beneficiary must follow the instructions available on the following website:
https://eacea.ec.europa.cu/about-eaces/ vísual-identity en .

 

2. The beneficiary must inform the public, press and media of the action (internet included),
which must, in conformity with Article II.7 mentioned above, visibly indicate “with the
support of the Erasmus+ Programme of the European Union" as well as the graphic logos.

3 Where the action, or part of the action, is a publication, the mention and graphic logos must
appear on the cover or the first pages following the editor's mention.

Agreement number: 2018 - 2304 / 001 - 001 Model grant agreement (mono beneficiary): October 2016

4. If the action includes events for the public, signs and posters related to this action must be
displayed. This must include the logos mentioned under point 1. Authorization to use the
logos described in point 1 implies no right of exclusive use and is limited to this agreement,

ARTICLE I,10.4 — DISSEMINATION AND EXPLOITATION OF RESULTS

Beneficiaries of grants under the Erasmus+ Programme have the duty to ensure that the work

undertaken within the framework of this grant agreement and the results aceruing from it receive

substantial visibility, The beneficiary must pay specific attention to the importance of dissemination,

exploitation of results of the action and to their visibility at a transnational level. In this respect, the

beneficiary must:

. provide during the project lifetime the Agency and/or the Commission with the information
reguested in order to promote the Erasmus+ Programme and disseminate the results. This may
include answering guestionnaires and entering data into databases,

ARTICLE 1.10.5 - MEETINGS BETWEEN AGENCY AND BENEFICIARIES

Representatives of the beneficiary shall participate in meetings organised by the Agency, There will
be a maximum of four meetings per grant agreement. The expenses for participation: will be
considered eligible costs.

ARTICLE I.10,6 - AMENDMENTS

By way of derogation from Article II.12.3 of the General Conditions, the reguest for amendment
made by the beneficiary, must be sent to the Agency in good time before it is due to take effect and at
all events two months before the closing date of the action, except in cases duly substantiated by the
beneficiary and accepted by the Agency.

ARTICLE I.10.7 - INAPPLICABILITY OF THE NO-PROFIT PRINCIPLE

By way of derogation from Article II.25.3, the no-profit principle does not apply to grants the
maximum amount of which, as referred to in Article I,3, is lower than or egual to EUR 60.000.

Agreement number: 2018 - 2304 / 001 - 001 Model grant agreement (mono beneficiary): October 2016

ARTICLE I.10.8 - PENALTIES IN THE CASE OF NON-COMPLIANCE WITH PUBLICITY
OBLIGATIONS AND POOR, PARTIAL OR LATE IMPLEMENTATION

The obligation to comply with the publicity provision set out in article II.7 constitutes a substantial
obligation. Without prejudice to the right to terminate the grant, in case of failure to fulfil this
obligation, the Agency may apply a 20% reduction of the grant initially provided for

For the purpose of poor, partial or late implementation as provided for in Article II.25.4, and in a total
of maximum 100 points, the reduction will consist of:

25% if the project scores at least 40 points and below 50 points;
35% if the project scores at least 30 and below 40 points;

55% if the project scores at least 20 and below 30 points;

75% if the project scores below 20 points.

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SIGNATURES
For the beneficiary For the Agency —
Done at dt, San „on see Z.740:.2018 Done at Brussels, on Z4ol2 aE
In duplicate in English
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Agreement number; 2018 - 2304 / 001 - 001 Model grant agreement (mono beneficiary): October 2016

ERASMUS+ PROGRAMME
GRANT AGREEMENT FOR AN ACTION
EPALE NATIONAL SUPPORT SERVICES (NSS)
AGREEMENT NUMBER - 2018 - 2304 / 001 - 001
PROJECT NUMBER - 604348-EPP-1-2018-1-CZ-EPPKA2-EPALE-NSS

ANNEX I

DESCRIPTION OF THE ACTION

BENEFICIARY'S ACTIVITY PLAN

The grant awarded aims at implementing the activities as they are described in the application form
(Detailed Description of the Project) registered by the Agency under the reference: 604348-EPP-1-
2018-1-CZ-EPPKA2-EPALE-NSS

Project title: EPALE NATIONAL SUPPORT SERVICES (NSS)

Submitted by; DUM ZAHRANICNI SPOLUPRACE

Agreement number; 2018 - 2304 / 001 - 001 Model grant agreement (mono beneficiary): October 2016

ERASMUS+ PROGRAMME
GRANT AGREEMENT FOR AN ACTION
: EPALE NATIONAL SUPPORT SERVICES (NSS)
AGREEMENT NUMBER - 2018 - 2304 / 001 - 001
PROJECT NUMBER - 604348-EPP-1-2018-1-CZ-EPPKA2-EPALE-NSS

ANNEX II

GENERAL CONDITIONS

Agreement number: 2018 - 2304 / 001 - 001 Model grant agreement (mono beneficiary); October 2016

ANNEX II
GENERAL CONDITIONS
TABLE OF CONTENT

PART A - LEGAL AND ADMINISTRATIVE PROVISIONS
I.1 - GENERAL OBLIGATIONS OF THE BENEFICIARY

II.2 - COMMUNICATIONS BETWEEN THE PARTIES

MN.3 —LIABILITY FOR DAMAGES

N.4 —- CONFLICT OF INTERESTS

II.5 — CONFIDENTIALITY

IL6 — PROCESSING OF PERSONAL DATA

II.7 — VISIBILITY OF UNION FUNDING

II.8 — PRE-EXISTING RIGHTS AND OWNERSHIP AND USE OF THE RESULTS (INCLUDING
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS)

IL9 — AWARD OF CONTRACTS NECESSARY FOR THE IMPLEMENTATION OF THE
ACTION

II.10— SUBCONTRACTING OF TASKS FORMING PART OF THE ACTION

II.11 — FINANCIAL SUPPORT TO THIRD PARTIES

I. 12- AMENDMENTS TO THE AGREEMENT

H.13 — ASSIGNMENT OF CLAIMS FOR PAYMENTS TO THIRD PARTIES

TI.14— FORCE MAJEURE

II.15— SUSPENSION OP THE IMPLEMENTATION OF THE ACTION

I.16— TERMINATION OF THE AGREEMENT

II.17 — ADMINISTRATIVE AND FINANCIAL PENALTIES

II.18 — APPLICABLE LAW, SETTLEMENT OF DISPUTES AND ENFORCEABLE DECISION

Annex [T

Agreement number: 2018 - 2304 / 001 - 001 Model grant agreement (mono beneficiary): October 2016

PART B - FINANCIAL PROVISIONS

II.19 — ELIGIBLE COSTS

II.20 — IDENTIFIA BILITY AND VERIFIABILITY OF THE AMOUNTS DECLARED
IH.21 — ELIGIBILITY OF COSTS OF ENTITIES AFFILIATED TO THE BENEFICIARY
I.22 - BUDGET TRANSFERS

II.23 — TECHNICAL AND FINANCIAL REPORTING — REOUESTS FOR PAYMENT AND
SUPPORTING DOCUMENTS

II.24 - PAYMENTS AND PAYMENT ARRANGEMENTS

II.25 - DETERMINING THE FINAL AMOUNT OF THE GRANT
II.26 — RECOVERY

I.27 - CHECKS, AUDITS AND EVALUATION

Annex II 2

Agreement number: 2018 - 2304 / 001 - 001 Model grant agreement (mono beneficiary): October 2016

PART A - LEGAL AND ADMINISTRATIVE PROVISIONS

ARTICLE II.1 - GENERAL OBLIGATIONS OF THE BENEFICIARY
The beneficiary shall:

(a) | be responsible for carrying out the action in accordance with the terms and conditions of the
Agreement;

(b) | be responsible for complying with any legal obligations incumbent on it;

(c) | inform the Agency immediately of any change likely to affect or delay the implementation of
the action of which the beneficiary is aware;

(d) | inform the Agency immediately of any change in its legal, financial, technical, organisational or
ownership situation or of its affiliated entities and of any change in its name, address or legal
representative or of its affiliated entities;

ARTICLE II.2 - COMMUNICATIONS BETWEEN THE PARTIES
II.2.1 Form and méans of communications

Any communication relating to the Agreement or to its implementation shall be made in writing (in
paper or electronic form), shall bear the number of the Agreement and shall be made using the
communication details identified in Article I,6.

Electronic communications shall be confirmed by an original signed paper version of that
communication if reguested by any of the parties provided that this reguest is submitted without
unjustified delay. The sender shall send the original signed paper version without unjustified delay.

Formal notifications shall be made by registered mail with retum receipt or eguivalent, or by
eguivalent electronic means.

II.2.2 Date of communications

Any communication is deemed to have been made when it is received by the receiving party, unless
the agreement refers to the date when the communication was sent.

Electronic communication is deemed to have been received by the receiving party on the day of
successful dispatch of that communication, provided that it is sent to the addressees listed in Article
1.6. Dispatch shall be deemed unsuccessful if the sending party receives a message of non-delivery. In
this case, the sending party shall immediately send again such communication to any of the other
addresses listed in Article [.6. In case of unsuccessful dispatch, the sending party shall not be held in
breach of its obligation to send such communication within a specified deadline.

Mail sent to the Agency using the postal services is considered to have been received by the Agency
on the date on which it is registered by the department identified in Article I.6,2,

Formal notifications made by registered mail with return receipt or eguivalent, or by eguivalent
electronic means, shall be considered to have been received by the receiving party on the date of
receipt indicated on the return receipt or eguivalent.

Annex II 3

Agreement number: 2018 - 2304 / 001 - 001 Model grant agreement (mono beneficiary): October 2016

ARTICLE II.3 — LIABILITY FOR DAMAGES

II.3.1 The Agency shall not be held liable for any damage caused or sustained by the beneficiary,
including any damage caused to third parties as a conseguence of or during the
implementation of the action.

II.3.2 Except in cases of force majeure, the beneficiary shall compensate the Agency for any
damage sustained by it as a result of the implementation of the action or because the action
was not implemented or implemented poorly, partially or late.

ARTICLE II.4 - CONFLICT OF INTERESTS

II.4.1 The beneficiary shall take all necessary measures to prevent any situation where the impartial
and objective implementation of the Agreement is compromised for reasons involving
economic interest, political or national affinity, family or emotional ties or any other shared
interest (conflict of interests"),

II.4.2 Any situation constituting or likely to lead to a conflict of interests during the implementation
of the Agreement shall be notified to the Agency, in writing, without delay. The beneficiary
shall immediately take all the necessary steps to rectify this situation, The Agency reserves
the right to verify that the measures taken are appropriate and may reguire additional
measures to be taken within a specified deadline.

ARTICLE II.5 - CONFIDENTIALITY

IL.S.1 The Agency and the beneficiary shall preserve the confidentiality of any information and
documents, in any form, which are disclosed in writing or orally in relation to the
implementation of the Agreement and which are explicitly indicated in writing as
confidential.

II.5.2 The beneficiary shall not use confidential information and documents for any reason other
than fulfilling its obligations under the Agreement, unless otherwise agreed with the Agency
in writing.

II.5.3 "The Agency and the beneficiary shall be bound by the obligations referred to in Articles II.5,1
and II.5.2 during the implementation of the Agreement and for a period of five years starting
from the payment of the balance, unless:

(a) the concerned party agrées to release the other party from the confidentiality obligations
earlier;

(b) the confidential information becomes public through other means than in breach of the
confidentiality obligation through disclosure by the party bound by that obligation;

(c) the disclosure of the confidential information is reguired by law.
ARTICLE II.6 - PROCESSING OF PERSONAL DATA
II.6.1 Processing of personal data by the Agency

Any personal data included in the Agreement shall be processed by the Agency pursuant to
Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on
the protection of individuals with regard to the processing of personal data by the Community
institutions and bodies and on the free movement of such data.

Annex II 4

Agreement number: 2018 - 2304 /001 - 001 Model grant agreement (mono beneficiary): October 2016

Such data shall be processed by the data controller identified in Article I.6.1 solely for the purposes of
the implementation, management and monitoring of the Agreement, without prejudice to possible
transmission to the bodies charged with the monitoring or inspection tasks in application of Union
law.

The beneficiary shall have the right of access to his/her personal data and the right to rectify any such
data. Should the beneficiary have any gueries concerning the processing of his/her personal data,
he/she shall address them to the data controller, identified in Article I.6.1.

The beneficiary shall have the right of recourse at any time to the European Data Protection
Supervisor.

II.6.2 Processing of personal data by the beneficiary

The beneficiary must process personal data under the Agreement in compliance with applicable EU
and national law on data protection (including authorisations or notification reguirements).

The beneficiary may grant its personnel access only to data that is strictly necessary for implementing,
managing and monitoring the Agreement,

The beneficiary 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 Agency;

(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 reguitements.
ARTICLE II.7 — VISIBILITY OF UNION FUNDING
II.7.1 Information on Union funding and use of European Union emblem

Unless the Agency reguests or agrees otherwise, any communication or publication related to the
action, made by the beneficiary, including at conferences, seminars or in any information or
promotional materials (such as brochures, leaflets, posters, presentations, etc.), shall indicate that the
action has received funding from the Union and shall display the European Union emblem.

Annex II ka)

Agreement number: 2018 - 2304 / 001 - 001 Model grant agreement (mono beneticiary);: October 2016

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 to the beneficiary a right of
exclusive use. The beneficiary shall 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 beneficiary is exempted from the obligation to obtain prior permission from the Agency to
use the European Union emblem.

I.7.2 : Diselaimers excluding Agency and Commission responsibility

Any communication or publication related to the action, made by the beneficiary in any form and
using any means, shall indicate that it reflects only the author's view and that the Agency and the
Commission are not responsible for any use that may be made of the information it contains.

ARTICLE II.8 — PRE-EXISTING RIGHTS AND OWNERSHIP AND USE OF THE RESULTS
(INCLUDING INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS)

.8.1 Ownership of the results by the beneficiary

Unless stipulated otherwise in the Agreement, ownership of the results of the action, including
industrial and intellectual property rights, and of the reports and other documents relating to it, shall
be vested in the beneficiary,

I.8,2 Pre-existing industrial and intellectual property rights

Where industrial and intellectual property rights, including rights of third parties, exist prior to the
conclusion of the Agreement, the beneficiary shall establish a list which shall specify all rights of
ownership and use of the pre-existing industrial and intellectual property rights and disclose it to the
Agency at the latest before the commencement of implementation.

The beneficiary shall ensure that it or its affiliated entities have all the rights to use any pre-existing
industrial and intellectual property rights during the implementation of the Agreement.

I.8.3  Rights oť use of the resulits and of pre-existing rights by the Agency and/or the Union

Without prejudice to Articles II.1, II.3 and II.8.1, the beneficiary grants the Agency and/or the Union
the right to use the results of the action for the following purposes:

(a) use for its own purposes, and in particular, making available to persons working for the
Agency, the Union institutions, agencies and bodies and to Member States' institutions, as well
as, copying and reproducing in whole or in part and in unlimited number of copies;

(b)  distribution to the public, and in particular, publication in hard copies and in electronic or
digital format, publication on the internet, including on the Europa website, as a downloadable
or non-downloadable file, broadcasting by any kind of technigue of transmission, public display
or presentation, communication through press information services, inclusion: in: widely
accessible databases or indexes;

(c) translation;

(d) giving access upon individual reguests without the right to reproduce or exploit, as provided for
by Regulation (EC) No 1049/2001 of the European Parliament and oť the Council of 30 May
2001 regarding public access to European Parliament, Council and Commission documents;

(e)  storagein paper, electronic or other format;

Annex II 6

Agreement number: 2018 - 2304 / 001 - 001 Model grant agreemént (mono beneficiary): October 2016

(f | archiving in line with the document management rules applicable to the Agency and/or the
Commission;

(g) | rights to authorise or sub-licence the modes of exploitation set out in points (b) and (c) to third
parties.

Additional rights of use for the Agency and/or the Union may be provided for in the Special
Conditions,

The beneficiary shall warrant that the Agency and/or the Union has the right to use any pre-existing
industrial and intellectual property rights, which have been included in the results of the action.
Unless specified otherwise in the Special Conditions, those pre-existing rights shall be used for the
same purposes and under the same conditions applicable to the rights of use of the results of the
action.

Information about the copyright owner shall be inserted when the result is divulged by the Agency
and/or the Union. The copyright information shall read: "© — year — name of the copyright owner. All
rights reserved. Licenced to the European Union under conditions,",

ARTICLE II.9 — AWARD OF CONTRACTS NECESSARY FOR THE IMPLEMENTATION
OF THE ACTION

II.9.1 Where the implementation of the action reguires the procurement of goods, works or services,
the beneficiary shall 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 shall avoid any conflict of
interests,

Beneficiary acting in its capacity of contracting authority within the meaning of 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 or contracting entity within the meaning of
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 must comply with the applicable national public
procurement rules.

II.9.2 The beneficiary shall retain sole responsibility for carrying out the action and for compliance
with the provisions of the Agreement. The beneficiary shall ensure that any procurement
contract contains provisions stipulating that the contractor has no rights vis-á-vis the Agency
under the Agreement.

II.9.3 The beneficiary shall ensure that the conditions applicable to it under Articles II.3, II.4, II.5,
II.8 and II.2/7 are also applicable to the contractor.

ARTICLE II.10 - SUBCONTRACTING OF TASKS FORMING PART OF THE ACTION

II.10.1 A "subcontract" is a procurement contract within the meaning of Article IL9, which covers
the implementation by a third party of tasks forming part of the action as described in Annex
L

II.10.2 The beneficiary may subcontract tasks forming part of the action, provided that, in addition
to the conditions specified in Article II.9 and the Special Conditions, the following
conditions are complied with:

(a) subcontracting only covers the implementation of a limited part of the action;

(b) recourse to subcontracting is justified having regard to the nature of the action and what
is necessary for its implementation;

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(c) the estimated costs of the subcontracting are clearly identifiable in the estimated budget
set out in Annex III;

(d) any recourse to subcontracting, if not provided for in Annex I, is communicated by the
beneficiary and approved by the Agency without prejudice to Article II.12.2;

(e) the beneficiary ensures that the conditions applicable to it under Article II.7 are also
applicable to the subcontractor.

ARTICLE II.11 - FINANCIAL SUPPORT TO THIRD PARTIES

II.11.1

II.11.2

II.11.3

Where the implementation of the action reguires giving financial support to third parties, the
beneficiary shall give such financial support in accordance with the conditions specified in
Annex I, which shall at least contain:

(a) the maximum amount of financial support, which shall not exceed EUR 60 000 for
each third party except where the financial support is the primary aim of the action as
specified in Annex I;

(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 definition of the persons or categories of persons which may receive financial
suppott;

(e) the criteria for giving the financial support.

By way of derogation from Article II.11.1, in case the financial support takes the form of a
prize, the beneficiary shall give such financial support in accordance with the conditions
specified in Annex I, which shall at least contain:

(a) the conditions for participation;
(b) the award criteria;

(c) the amount of the prize;

(d) the payment arrangements.

The beneficiary shall ensure that the conditions applicable to it under Articles IL3, IL.4, II.5,
II.7, II.8 and II.27 are also applicable to the third parties receiving financial support.

ARTICLE II.12 - AMENDMENTS TO THE AGREEMENT

I.12.1
II.12.2

II.12.3

Annex II

Any amendment to the Agreement shall be made in writing.

An amendment may not have the purpose or the effect of making changes to the Agreement
which would call into guestion the decision awarding the grant or be contrary to the egual
treatment of applicants,

Any reguest for amendment shall be duly justified and shall 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 period
set out in Article I.2.2, except in cases duly substantiated by the party reguesting the
amendment and accepted by the other party.

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II.12.4 © Amendments shall enter into force on the date on which the last party signs or on the date of
approval of the reguest for amendment.

Amendments shall 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.13 — ASSIGNMENT OF CLAIMS FOR PAYMENTS TO THIRD PARTIES

II.13.1 Claims for payments of the beneficiary against the Agency may not be assigned to third
parties, except in duly justified cases where the situation warrants it,

The assignment shall only be enforceable against the Agency if it has accepted the
assignment on the basis of a written and reasoned reguest to that effect made by the
beneficiary, In the absence of such acceptance, or in the event of failure to observe the terms
thereof, the assignment shall have no effect on the Agency,

II.13.2 In no circumstances shall such an assignment release the beneficiary from its obligations
towards the Agency.

ARTICLE II.14 - FORCE MAJEURE

IL14.1 "Force majeure“ shall mean any unforeseeable exceptional situation or event beyond the
parties' control, which prevents either of them from fulfilling any of their obligations under
the Agreement, which was not attributable to error or negligence on their part or on the part
of subcontractors, affiliated entities or third parties involved in the implementation and
which proves to be inevitable in spite of exercising all due diligence. Any default of a
service, defect in eguipment or material or delays in making them available, unless they
stem directly from a relevant case of force majeure, as well as labour disputes, strikes or
financial difficulties cannot be invoked as force majeure.

II.14.2 A party faced with force majeure shall formally notify the other party without delay, stating
the nature, likely duration and foreseeable effects.

II.14.3 The parties shall take the necessary measures to limit any damage due to force majeure.
They shall do their best to resume the implementation of the action as soon as possible.

II.14.4 The party faced with force majeure shall not be held to be in breach of its obligations under
the Agreement if it has been prevented from fulfilling them by force majeure.

ARTICLE II.15 — SUSPENSION OF THE IMPLEMENTATION OF THE ACTION
II.15.1  Suspension of the implementation by the beneficiary

The beneficiary may suspend the implementation of the action or any part thereof if exceptional
circumstances make such implementation impossible or excessively difficult, in particular in the event
of force majeure. The beneficiary shall inform the Agency without delay, giving all the necessary
reasons and details and the foreseeable date of resumption.

Unless the Agreement is terminated in accordance with Article II.16.1 or points (b) or (c) of Article
II.16.2.1, the beneficiary shall, once the circumstances allow resuming the implementation of the
action, inform the Agency immediately and present a reguest for amendment of the Agreement as
provided for in Article II.15.3.

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II.15.2  Suspension of the implementation by the Agency

II.15.2.1

II.15.2.2

The Agency may suspend the implementation of the action or any part thereof:

(a) if the Agency has evidence that the beneficiary has committed substantial errors,
irregularities or fraud in the award procedure or in the implementation of the
Agreement or if the beneficiary fails to comply with its obligations under the
Agreement;

(b) if the Agency has evidence that the beneficiary has committed systemic or
recurrent errors, irregularities, fraud or breach of obligations under other grants
funded by the Union or the European Atomic Energy Community which were
awarded to the beneficiary under similar conditions, provided that those errors,
irregularities, fraud or breach of obligations have a material impact on this grant;
or

(c) if the Agency suspects substantial errors, irregularities, fraud or breach of
obligations committed by the beneficiary in the award procedure or in the
implementation of the Agreement and needs to verify whether they have actually
ocourred.

Before suspending the implementation the Agency shall formally notify the beneficiary
of its intention to suspend, specifying the reasons thereof, and, in the cases referred to in
points (a) and (b) of Article II.15.2.1, the necessary conditions for resuming the
implementation. The beneficiary shall be invited to submit observations within 30
calendar days from receipt of this notification.

IF, after examination of the observations submitted by the beneficiary, the Agency
decides to stop the suspension procedure, it shall formally notify the beneficiary thereof.

If no observations have been submitted or if, despite the observations submitted by the
beneficiary, the Agency decides to pursue the suspension procedure, it may suspend the
implementation by formally notifying the beneficiary thereof, specifying the reasons for
the suspension and, in the cases referred to in points (a) and (b) of Article II.15.2.1, the
definitive conditions for resuming the implementation or, in the case referred to in point
(c) of Article II.15.2.1, the indicative date of completion of the necessary verification.

The suspension shall take effect on the day of the receipt of the notification by the
beneficiary or on a later date, where the notification so provides.

In order to resume the implementation, the beneficiary shall endeavour to meet the
notified conditions as soon as possible and shall inform the Agency of any progress made
in this respect.

Unless the Agreement is terminated in accordance with Article II.16.1 or points (b), (h)
or (i) of Article IL.16.2.1, the Agency shall, as soon as it considers that the conditions for
resuming the implementation have been met or the necessary verification, including on-
the-spot checks, has been carried out, formally notify the beneficiary thereof and invite
the beneficiary to present a reguest for amendment of the Agreement as provided for in
Article II.15.3,

IL15.3 Effects of the suspension

If the implementation of the action can be resumed and the Agreement is not terminated, an
amendment to the Agreement shall be made in accordance with Article II.12 in order to establish the
date on which the action shall be resumed, to extend the duration of the action and to make any other
modifications that may be necessary to adapt the action to the new implementing conditions.

Annex [I

Agreement number; 2018 - 2304 / 001 - 001 Model grant agreement (mono beneficiary): October 2016

The suspension is deemed lifted as from the date of resumption of the action agreed by the parties in
accordance with the first subparagraph. Such a date may be before the date on which the amendment
enters into force,

Any costs incurred by the beneficiary, during the period of suspension, for the implementation of the
suspended action or the suspended part thereof, shall not be reimbursed or covered by the grant.

'The right of the Agency to suspend the implementation is without prejudice to its right to terminate
the Agreement in accordance with Article II.16.2 and its right to reduce the grant or recover amounts
unduly paid in accordance with Articles IIL.25.4 and II.26.

Neither party shall be entitled to claim compensation on account of a suspension by the other party,
ARTICLE II.16 — TERMINATION OF THE AGREEMENT
M.16.1  Termination of the Agreement by the beneficiary

In duly justified cases the beneficiary may terminate the Agreement by formally notifying the Agency
thereof, stating clearly the reasons and specifying the date on which the termination shall take effect,
The notification shall be sent before the termination is due to take effect.

If no reasons are given or if the Agency considers that the reasons exposed cannot justify the
termination, it shall formally notify the beneficiary, specifying the grounds thereof, and the
Agreement shall be deemed to have been terminated improperly, with the conseguences set out in the
third subparagraph of Article II.16.3.

M.16.2  Termination of the Agreement by the Agency
H.16.2.1 | The Agency may decide to terminate the Agreement in the following circumstances:

(a) f a change to the beneficiary's legal, financial, technical, organisational or
ownership situation is likely to affect the implementation of the: Agreement
substantially or calls into guestion the decision to award the grant;

(b)  ifthe beneficiary does not implement the action as specified in Annex I or fails to
comply with another substantial obligation incumbent on it under the terms of the
Agreement;

(c)  inthe event of force majeure, notified in accordance with Article II.14, or in the
event of suspension by the beneficiary as a result of exceptional circumstances,
notified in accordance with Article II.15, where resuming the implementation is
impossible or where the necessary modifications to the Agreement would call into
guestion the decision awarding the grant or would result in unegual treatment of
applicants;

(d) f the beneficiary is declared bankrupt, is being wound up, is having its affairs
administered by the courts, has entered into an arrangement with creditors, has
suspended business activities, is the subject of any other similar proceedings
concerning those matters, or is in an analogous situation arising from a similar
procedure provided for in national legislation or regulations;

(e) ifthe beneficiary or any related person, as defined in the second subparagraph,
have been found guilty of professional misconduct proven by any means;

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II.16.2.2

ÁAnnex II[

(£) | ifthe beneficiary is not in compliance with its obligations relating to the payment
of social security contributions or the payment of taxes in accordance with the
legal provisions of the country in which it is established or in which the action is
implemented;

(g) ifthe Agency has evidence that the beneficiary or any related person, as defined in
the second subparagraph, have committed fraud, corruption, or are involved in a
criminal organisation, money laundering or any other illegal activity detrimental to
the Union's financial interests;

(h) ifthe Agency has evidence that the beneficiary or any related person, as defined in
the second subparagraph, have committed substantial errors, irregularities or fraud
in the award procedure or in the implementation of the Agreement, including in
the event of submission of false information or failure to submit reguired
information in order to obtain the grant provided for in the Agreement; or

(i) | if the Agency has evidence that the beneficiary has committed systemic or
recurrent errors, irregularities, fraud or breach of obligations under other grants
funded by the Union or the European Atomic Energy Community which were
awarded to the beneficiary under similar conditions, provided that those errors,
irregularities, fraud or breach of obligations have a material impact on this grant.

For the purposes of points (e), (g) and (h) "any related person" shall mean any natural
person which has the power to represent the beneficiary or to take decisions on its behaif.

Before terminating the Agreement, the Agency shall formally notify the beneficiary of its
intention to terminate, specifying the reasons thereof and inviting the beneficiary, within
45 calendar days from receipt of the notification, to submit observations and, in the case
of point (b) of Article II.16.2.1, to inform the Agency about the measures taken to ensure
that it continues to fulfil its obligations under the Agreement.

If, after examination of the observations submitted by the beneficiary, the Agency
decides to stop the termination procedure, it shall formally notify the beneficiary thereof.

If no observations have been submitted or if, despite the observations submitted by the
beneficiary, the Agency decides to pursue the termination procedure, it may terminate
the Agreement by formally notifying the beneficiary thereof, specifying the reasons for
the termination,

In the cases referred to in points (a), (b), (d) and (f) of Article II.16.2.1, the formal
notification shall specify the date on which the termination takes effect, In the cases
referred to in points (c), (e), (g), (h) and (i) of Article II.16.2.1, the termination shall take
effect on the day following the date on which the formal notification was received by the
beneficiary.

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II.16.3 Effects of termination

Where the Agreement is terminated, payments by the Agency shall be limited to the amount
determined in accordance with Article II.25 on the basis of the eligible costs incurred by the
beneficiary and the actual level of implementation of the action on the date when the termination
takes effect. Costs relating to current commitments, which are not due for execution until after the
termination, shall not be taken into account. The beneficiary shall have 60 days from the date when
the termination of the Agreement takes effect, as provided for in Articles II.16.1 and II.16.2.2, to
produce a reguest for payment of the balance in accordance with Article II.23.2. If no reguest for
payment ofť the balance is received within this time limit, the Agency shall not reimburse or cover any
costs which are not included in a financial statement approved by it or which are not justified in a
technical report approved by it. In accordance with Article I[.26, the Agency shall recover any amount
already paid, if its use is not substantiated by the technical reports and, where applicable, by the
financial statements approved by the Agency.

Where the Agency, in accordance with point (b) of Axticle II.16.2.1, is terminating the Agreement on
the grounds that the beneficiary has failed to produce the reguest for payment and, after a reminder,
has still not complied with this obligation within the deadline set out in Article II,23.3, the first
subparagraph shall apply, subject to the following;:

(a) | there shall be no additional time period from the date when the termination of the Agreement
takes effect for the beneficiary to produce a reguest for payment of the balance in accordance
with Article II.23.2; and

(b) the Agency shall not reimburse or cover any costs incurred by the beneficiary up to the date of
termination or up to the end of the period set out in Article I.2.2, whichever is the earlier, which
are not included in a financial statement approved by it or which are not justified in a technical
report approved by it.

In addition to the first and second subparagraphs, where the Agreement is terminated improperly by
the beneficiary within the meaning of Article II.16.1, or where the Agreement is terminated by the
Agency on the grounds set out in points (b), (e), (g), (h) and (i) of Article II.16.2.1, the Agency may
also reduce the grant or recover amounts unduly paid in accordance with Articles II.25.4 and II.26, in
proportion to the gravity of the failings in guestion and after allowing the beneficiary to submit its
observations.

Neither party shall be entitled to claim compensation on account of a termination by the other party.
ARTICLE I.17 - ADMINISTRATIVE AND FINANCIAL PENALTIES

I.17.1. : By virtue of Articles 109 and 131(4) 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 and with due regard to the principle of proportionality, if
the beneficiary has committed substantial errors, imegularities or fraud, has made false
declarations in supplying reguired information or has failed to supply such information at
the moment oť the submission of the application or during the implementation of the grant,
or has been found in serious breach of its obligations under the Agreement, it shall be liable
to:

(a) | administrative penalties consisting of exclusion from all contracts and grants financed
by the Union budget for a maximum of five years from the date on which the
infringement is established and confirmed following a contradictory procedure with
the beneficiary; and/or

(b)  financial penalties of 2% to 10% of the maximum amount of the grant set out in
Article I.3.

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