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Communication campaign r. 2 Third parties & other sensitive relations Link with the projectLegal situations Carry out the projects (core tasks) 1. Beneficiary.

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Presentation on theme: "Communication campaign r. 2 Third parties & other sensitive relations Link with the projectLegal situations Carry out the projects (core tasks) 1. Beneficiary."— Presentation transcript:

1 Communication campaign r

2 2 Third parties & other sensitive relations Link with the projectLegal situations Carry out the projects (core tasks) 1. Beneficiary Carry out ancillary tasks 2. A third pary working as a sub-contractor 3. A third party linked to a beneficiary working under special clause 11 Give access to some resources (staff, lab) 4. A third party making available ressources for free 5. A third party making available ressources and being reimbursed by the beneficiary Sell (lease) equiment6. A supplier

3 3 2. Subcontracts –Who ? Works under business conditions with profit purpose Not subordinated to nor under supervision of beneficiary Not another beneficiary Not an affiliate –In What Conditions ? A limited and non core part of the project Not R&D Not the coordinator’s tasks Tasks and amount indicated and justified in technical annex Beneficiary remains reponsible If Intellectuel Property, it must belong to beneficiary Best value for money, transparency and equal treatment  Several bids (or public procurement)  Except for pre-existing framework agreement

4 4 Subcontracting costs (core tasks) are claimed without being indicated in the DoW (technical annex-I). –If not in the DoW, request approval/amendment. Subcontracting costs (minor tasks e.g. website, catering etc) are claimed as other direct costs. –To be claimed under subcontracting cost category Subcontracting between beneficiaries is not allowed. –If beneficiary A (the “seller”) sells to beneficiary B (the “buyer”), then it is the beneficiary A (and not the beneficiary B) to claim the costs –Remark: without any mark-up and profit, only the costs) 2. Subcontracts: most common errors

5 Consultants: sub-contractor or personnel? 5 Subcontract if hiring consultants to perform part of the work & the conditions of Art. II.7 of FCH JU GA are fulfilled:  Sub-contracting agreement based on business conditions w/ profit included  Sub-contractors do not have any IPR or ownership rights on the deliverables  does not usually work on the premises of the beneficiary and is not under the direct instruction /hierarchical supervision by Beneficiary  remuneration based on the delivering of specific outputs/products rather than on working hours ;  Sub-contrcating between beneficiaries of the GA cannot be tolerated. Common error: claimed as personnel costs Personnel costs if the following cumulative criteria : beneficiary has a contract with a person to work tasks under the FCH JU project, person must work under the instructions of the beneficiary + in the premises of the beneficiary the result of the work belongs to the beneficiary costs of employing the consultant not significantly different from the employees The remuneration is based on working hours rather than on the delivering of specific outputs/products and should be recorded in the accounts of the beneficiary, Travel and subsistence costs related to such consultants' have to be paid directly by the beneficiary in order to be eligible. Not a criteria: whether the consultants are self- employed or employed by a third party, Common error: claimed as subcontracting costs Subcontracts:

6 3.Third parties carrying part of the work under special clause 11 –Who ? EEIG, Joint research unit, affiliates and groupings carrying out part of the work. Common error: 3 rd party not identified in the GA with SC-11 –In what conditions tasks to be indicated in Annex I Beneficiary retains sole responsibility Financially, third party treated as a beneficiary Common error: Costs claimed by the beneficiary whereas incurred by the 3 rd party and recorded in its accounts. 6

7 4 & 5. Third parties making available resources Who ? –Typical example : a third party giving access to its lab and lab staff. –Provided either free of charge or against reimbursement In what conditions can it be charged to the FCH JU ? 4. free of charge. 1.Indicated in Annex I 2.costs are recorded in the accounts of the 3 rd party and auditable, 3.costs also declared as as receipt. Common errors: receipts not declared, indirect costs are claimed for personnel made available from a third party to a beneficiary but not working in the premises of the beneficiary. 5. Against reimbursement 1.Indicated in Annex I 2.Reimbursement recorded in the accounts of the beneficiary 3.Common error: the 3rd party reimbursement includes not only costs but margin (profit) 7

8 8 Notion –Purchase (or lease) of equipment. –Transfer of ownership (control) from supplier to beneficiary –GA conceived on the idea that main costs = personnel costs while purchase of equipment is ancillary => no clear rules –But in demo project it can be the contrary => need to clarify the rules for purchases above 125.000 EUR Principle of best value for money A.For public entities: public procurement rules B.For private entities if purchase is >125.000 EUR 1.Or request three offfers 2.Or use pre-existing framwork agreement 3.Or another detailed explanation of the reasons only one possible supplier => In option 2 and 3: better to have a discussion with FCH JU before and to document what is agreed to ensure legal certainty. 6. Supplier of equipment

9 9 Is it possible to purchase equipment from an affiliate or another beneficiary? 2 scenarios: 1.Purchase from another beneficiary or affiliate under special clause 11 i.e purchase from s.o. working in the project 2.Purchase from an affiliate that provides only the equipment i.e purchase from s.o. NOT working in the project Possible if 1.Building the equipment is not an objective of the project 1.Otherwhise « builder » should be a beneficiary & declare its costs ( not purchase price) 2.Purchase complies with rules for « Best value for money » 3.Additional information requirement 1.When: Only If three conditions are fulfilled 1.Purchase from affiliate 2.Value of the puchase >1/3 of beneficiary cost 3.Purchase is project specific 2.Why: assess reasonabless of the « purchasing price » (best value for money) 3.What: breakdown of price per costs categories + possibility to request some invoices from third parties NOT AN AUDIT 6. Supplier of equipment

10 10 How to declare the costs ? –Costs to be declared by beneficiary in its form C as « other costs » –Costs must reflect percentage of use in the project –Costs must reflect depreciation 6. Supplier of equipment

11 11 Benef 5 Benef 1 Demonstrating Benef 2Benef 3Benef 4 Affliliate With SC 11 Affliliate Unrelated supplier Within consortium Out of consortium Builds itself Purchases from additional /information

12 12 Receipts The non profit principle Three kinds of receipts must be taken into account 1.Transfers from third parties to the beneficiary –if specifically attributed to the project and not reimbursed –Financial transfers and contributions in kind 2.Income generated by the project –but not income generated by the use of foreground 3.Interest generated by the pre-financing on account of coordinators, related to other beneficiaries share ≠FP7 At final payment the FCH JU contribution will take into account any receipts of the project –For each beneficiary: –the eligible costs ≥ FCH JU contribution + the receipts for the project

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