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Legal framework for research funding Ingrid Mariën-Dusak DG INFSO S4 – Legal Aspects ______________________________________ 18/2/2011 Presentation for the Ombudsman Service. Legal Framework for research programmes. TEU/TFEU. INTERNATIONAL AGREEMENTS. PARTICIPATION AND IPR RULES.
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DG INFSO S4 – Legal Aspects
18/2/2011 Presentation for the Ombudsman Service
PARTICIPATIONAND IPR RULES
Submission, evaluation and
Rules on financial capacity
FINANCIAL REGULATION/Implementing Rules
Calls for proposals
supports the following activities:
Research funding based on grants:
Grants are direct financial contributions from the European Union budget awarded by way of a donation to beneficiaries engaged in activities that serve Union policies.
- Scientific/technological excellence
Legal and financial verification
Commission decision on rules to ensure consistent verification of the legal status and financial capacity of participants:
Model grant agreement adopted by the Commission, after consultation of Member States
Content of General Conditions:
Part A: Implementation of the Project
Part B: Financial Provisions
Part C: Intellectual Property Rights
Grant agreement complemented by Guidance Notes drawn up by the Commission.
- progress of the work
- use of the resources
- Financial Statement (Form C)
- publishable summary report, conclusions and socio-economic impact
• Aim is to assess the work carried out under the
project over a certain period
• The Commission may initiate a technical review
at any time during and up to 5 years after the
end of the project
• It may be assisted by external experts
(reviewers) who give recommendations to the
• The final decision is taken by the
Commission. The consolidated experts’ review
report is communicated to the project coordinator.
• Degree of fulfilment of the project work plan
• Continued relevance of the objectives
• Resources planned and used in relation to the achieved progress
• Management procedures
• Beneficiaries’ contributions and integration within
• Expected potential impact and plans for the use
and dissemination of results
• Accept or reject the deliverables
• Allow the project to continue without modification of Annex I or with minor modifications
• Consider that the project can only continue with
• Initiate the termination of the grant agreement or of the participation of any beneficiary
• Issue a recovery order regarding all or part of the payments already made and apply any applicable sanction.
• Employment status
– Directly hired or
– in-house consultants if:
• Auditors perform a standard set of checks and
provide information according to a specific
format defined via agreed Terms of Reference
• ToR are part of the FP7 Model Grant Agreement
• ToR correspond to international audit standards
(International Federation of Accountants – IFAC –
• The Commission has 105 days to evaluate reports and deliverables and make the corresponding payment
• No tacit approval of reports
• EC will pay interest on late payment
• Payment is made after approval of reports and deliverables
• After reception of the reports the Commission may: