Rules and Regulations. Gwendolyn Schaeken, Legal & Financial NCP
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1 Rules and Regulations Gwendolyn Schaeken, Legal & Financial NCP
2 Simplification Greater trust for the participants One set of rules (AGA) Electronic handling Participant portal Quicker process
3 Time to GA Exceptions: ERC Complex projects High application number Upon applicants request Maximum time to GA 8 months Call deadline 5 months Proposal evaluation 3 months GA preparation Grant Signature
4 Horizon 2020 model Grant Agreement: ERC MGAs Specific models Marie Sklodowska Curie MGAs General Model Grant Agreement SME instrument MGAs Co-fund MGAs
5 Shift2Rail model Grant Agreement: Largely based on the Horizon 2020 General Model Grant Agreement A single document with all provisions mga-multi-shift2rail-ju_en.pdf Annotated Model Grant Agreement: User guide that aims to explain to applicants and beneficiaries the General Model Grant Agreement (not covering any S2R specificities)
6 General Eligibility conditions 'Research and Innovation Actions' (RIA) and 'Innovation Actions' (IA): Minimum three legal entities established in minimum three different Member States or an Associated Countries 'Coordination and Support Actions' (CSA): one or more legal entity(ies) established in a Member State or in an Associated Country Other entities from countries outside a Member State or Associated Country may participate to the open calls, but are, in principle, not eligible for funding unless there is a reciprocal agreement in place with that country or the applicant can demonstrate that the entity has unique resources that render its participation essential for the project to go ahead successfully
7 Additional conditions of S2R (Art 9(5) of H2020 RfP & Art. 17 S2R Regulation) Calls for members: Open only to members of the S2R JU and their affiliated entities Open calls: Open only to entities that are not members or affiliated entities of members of the S2R JU
8 S2R JU Affiliated Entities Any legal entity that is under the direct or indirect control of a member (or, in the case of consortia, a constituent entity of the consortium), or under the same direct or indirect control as the member (or constituent entity of the consortium), or that is directly or indirectly controlling a member (or constituent entity of the consortium) The control may take in particular either of the following forms: - direct or indirect holding of more than 50% of the nominal value of the issued share capital in the legal entity concerned, or of a majority of the voting rights of the shareholders or associates of that entity or - the direct or indirect holding, in fact or in law, of decision-making powers in the legal entity concerned.
9 Funding rates Type of project Grant Type of organisation "Overhead Indirect costs* Grant % Research and Innovation Action (RIA) All 25% 100 Innovation Action (IA) Profit 25% 70 Non profit 25% 100 Coordination and Support Action (CSA) All 25% 100 *calculated on the basis of eligible direct costs, excluding direct sub-contracting costs
10 Chapter 1: General Single article: subject of the agreement Chapter 2: Action Action, duration and budget Chapter 3: Grant Amount, rates, eligible costs Chapter 4: Rights and obligations To implement the action: resources, in-kind contributions, subcontracts Grant administration: reporting, payments, audits Background and results: access rights, protection of results, exploitation, dissemination Others: gender equality, ethics, confidentiality Chapter 5: Division of roles Roles and responsibilities, internal arrangements Chapter 6: Rejection, reduction, penalties, termination, etc Rejection, reduction, recovery and penalties Suspension and termination of the action Chapter 7: Final provisions Accession, entry into force, amendments, applicable law
11 Annexes to the grant Annex 1: Description of the action (DoA) Annex 2: Estimated budget Annex 3: Accession Form Annex 4: Model Financial statements Annex 5: Model Certificate on the financial statements Annex 6: Model Certificate on the methodology
12 Legally binding Article 55 (MGA) What? An amendment is needed if you want to change the terms of the Grant Agreement (including Annexes) Consequences The amendment becomes an integrated part of the Grant Agreement
13 Eligible costs actually incurred by the beneficiary incurred during the action duration entered as eligible costs in the estimated budget of the action connected to the action as described in Annex 1 identifiable and verifiable, in particular recorded in the beneficiary s accounts must comply with the applicable national law on taxes, labour and social security, must be reasonable, justified and must comply with the principle of sound financial management, in particular regarding economy and efficiency MGA Ineligible Return on capital/generated by interest Debt and debt service charges Interest owed Excessive or reckless expenditure Currency exchange losses Deductible VAT Bank costs Costs incurred during suspension of the action Cost categories explicitly excluded in the call Double funding
14 Personnel costs Annual productive hours 1720 hours Individually Standard annual productive hours Applies to the entire organisation
15 Hourly rate Step 1 Calculate the hourly rate Annual personnel costs Annual productive hours Step 2 Step 3 Identify the hours worked for the action Multiply the hours worked for the action by the hourly rate If the financial year is not closed at the time of reporting, the beneficiary must use the hourly rate of the last closed financial year available.
16 Other direct costs Goods, works and services (Contracting) Not described in Annex I Necessary for the implementation of the action Open, transparent process Absence of conflict of interest MGA Art. 10, 6.2 D.3
17 What about payments?
18 Terminology GA Art. 21 FINAL REPORT Pre financing Payment of balance Interim payment(s)
19 Payments One Pre-financing Time-to-Pay 30 days From From: entry into force or 10 days before the starting date (whichever is the latest) Retention 5 % of maximum grant for the Guarantee Fund Interim Payments 90 days From reception of periodic report Based on financial statements (EU contribution= eligible costs approved * reimbursement rate) Limit = 90 % of the maximum grant (Retention 10%) Payment of the Balance 90 days From reception of final reports Payments in Euro to the coordinator
20 Audit Certificate of financial statement for beneficiaries (and linked third parties) requesting total of EUR or more as reimbursement of actual costs and unit costs Certificate on the methodology: voluntary certification for beneficiaries declaring direct personnel costs as unit costs Audit 2 years after final payment Bild 20
21 Participant Portal All documentation, templates, regulations General Model Grant Agreement Annotated Model Grant Agreement General Annexes Bild 21
22 Links Model Grant Agreement Annotated Model Grant Agreement amga_en.pdf EU and VAT Consortium agreement DESCA Exchange rate
23 Sweden s Innovation Agency
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