IGLO Training Session Module 5

Transcription

1 PROJECT MANAGEMENT LEGAL ISSUES IGLO Training Session Module 5 vanovaj@tc.cz

2 Reporting on project results (Foreground) Changes in project implementation Possible disputes within project implementation

3 Reporting on project results Project results Foreground Use/Exploitation of Foreground Dissemination of Foreground

4 Reporting on project results WHY Obligation set forth in Grant Agreement Art. II.4 reporting generally Art. II.29 reporting on USE Art. II.30 reporting on DISSEMINATION

5 Reporting on project results WHEN Within a prescribed period Project periodic report 60 days Project final report 60 days Obligation of a coordinator to provide references and an abstract of all scientific publications relating to foreground at the latest two months following publication

6 Reporting on project results TO WHOM EC

7 Reporting on project results HOW Free text e.g. Publishable summary Table e.g. Plan for use and dissemination of foreground

8 Reporting on project results WHERE In reports Project periodic report Project final report Other cases During and after the project, the coordinator shall provide references and an abstract of all scientific publications relating to foreground at the latest two months following publication (see Article II.30. GA)

9 1. 1. ProjectP periodic report

10 Reporting on project results WHERE ProjectP periodic report

11 Reporting on project results WHERE Project final report Final publishable summary report Report covering the thewider societal implications Plan for for use and dissemination of offoreground

12 2. 2. Project final report Reporting on project results WHERE Final publishable summary report summary of results, conclusions and the socio-economic impacts of the project

13 2. 2. Project final report Reporting on project results WHERE Report covering the wider societal implications

14 2. 2. Project final report Reporting on project results WHERE Plan for use and dissemination of offoreground an update of the initial plan in Annex I for use and dissemination of foreground 1. Section A - dissemination measures Its content will be made available in the public domain 2. Section B - exploitable foreground, plans for exploitation confidential

15 Reporting on project results WHERE Project final report Plan for use and dissemination of offoreground

16 Reporting on project results WHERE Project final report Plan for use and dissemination of offoreground

17 Reporting on project results WHERE Project final report Plan for use and dissemination of offoreground

18 Reporting on project results Guidance Notes on Project Reporting ftp://ftp.cordis.europa.eu/pub/fp7/docs/project_reporting_en.pdf

19 Reporting on project results (Foreground) Changes in project implementation Possible disputes within project implementation

20 Changes in project implementation Initially when entering into GA - parties to GA accept commitments Change in project implementation means change in initially accepted commitments A need to modify GA during its lifetime

21 Changes in project implementation HOW to modify GA? 1. Formal way Amendment to GA A letter request and a letter of acceptance 2. Informal way GA is affected but no amendment An information letter

22 Changes in project implementation 1. Amendment to GA WHEN General rule - whenever the GA has to be modified (core part of the GA and for changes of Annex I) Exceptions E.g. "Beneficiaries are allowed to transfer budget between different activities and between themselves in so far as the work is carried out as foreseen in Annex I (Art. 5.2)

23 Changes in project implementation 1. Amendment to GA Coordinator A request for amendments on behalf of whole consortium or a beneficiary (ies) Only in case of a change of a coordinator beneficiaries submit a letter-request WHO EC

24 Changes in project implementation 1. Amendment to GA In writing no s Signature Supporting documents in most cases Use correct GA number Use model letters HOW

25 Changes in project implementation 1. Amendment to GA EC Accepts a request to amend GA Absence of response within 45 days = rejection of request to amend A letter-request (coordinator) Agrees in principle to the proposed changes but cannot agree with the request as proposed Suggests that the consortium submits a new request Counter-proposal

26 Changes in project implementation 1. Amendment to GA Exception - "silence" of the Commission within the 45-day period being positive and constituting tacit approval request to add a beneficiary request to terminate the participation of a beneficiary Exception from exception in case a beneficiary does not agree with termination of his participation and appointment of a new coordinator

27 Changes in project implementation 1. Amendment to GA ADDITION OF ONE OR MORE BENEFICIARIES CHANGE OF COORDINATOR PARTIAL TRANSFER OF RIGHTS AND OBLIGATIONS MODIFICATION OF PROJECT TITLE AND/OR ACRONYM MODIFICATION OF DURATION AND/OR OF START DATE MODIFICATION OF REPORTING PERIODS CHANGE OF COMMUNITY FINANCIAL CONTRIBUTION CHANGE OF THE AMOUNT OF THE PRE-FINANCING AND/OR OF THE CONTRIBUTION TO THE GUARANTEE FUND ADDITION, REMOVAL OR MODIFICATION OF SPECIAL CLAUSES MODIFICATION OF ANNEX I

28 Changes in project implementation 2. Informal way of modifying GA Information letter Differences comparing to Amendment to GA the beneficiary concerned addresses the information letter directly to the Commission the information letter does not necessarily need to be signed by the authorized representative a notice informing and acknowledging the change in the GA

29 Changes in project implementation 2. Informal way of modifying GA CHANGE OF NAME AND LEGAL DETAILS OF A BENEFICIARY UNIVERSAL TRANSFER OF RIGHTS AND OBLIGATIONS CHANGES IN ACCOUNTING SYSTEM OF BENEFICIARIES CHANGES IN LEGAL STATUS UNDER FP7 RULES

30 1. Amendment to GA MODEL LETTER

31 2. Informal way of modifying GA MODEL LETTER

32 Changes in project implementation Amendments Guide ftp://ftp.cordis.europa.eu/pub/fp7/docs/amendments-ga_en.pdf

33 Reporting on project results (Foreground) Changes in project implementation Possible disputes within project implementation

34 Possible disputes within project implementation I. Consortium vs. EC II. Inside Consortium (Beneficiary vs. Beneficiary)

35 Possible disputes within project implementation I. Consortium vs. EC Administrative way of solving disputes Art. II.25 GA Fines ( A beneficiary that has been guilty of making false declarations or has been found to have seriously failed to meet its obligations under this grant agreement shall be liable to ) Art. II.38 GA Project termination ( The Commission may terminate the grant agreement or the participation of a beneficiary in the following cases in case of nonperformance or poor performance of the work or breach of any substantial obligation imposed by this grant agreement that is not remedied following a written request to the consortium to rectify the situation within a period of 30 days )

36 Possible disputes within project implementation Judicial way of solving disputes I. Consortium vs. EC Art. 9 Core text - sole jurisdiction of the Court of First Instance, or on appeal, the Court of Justice of the European Communities + applicable law ( on a subsidiary basis, by the law of [country of the seat of the authorising officer responsible under the internal rules on the execution of the general budget of the European Communities... ) the Court of First Instance - the Court of Justice of the European Communities, shall have sole jurisdiction to hear any dispute between the Community and any beneficiary concerning the interpretation, application or validity of this grant agreement and the validity of the decision mentioned in the second paragraph

37 Possible disputes within project implementation II. Inside Consortium Way of solving disputes usually set forth in Consortium Agreement EC recommends notifying the dispute so that EC may take appropriate measures where possible

38 Thank you for your attention! Questions? Disclaimer: This document is not legally binding and it presents only opinions and observations of the presenter. Technology Centre ASCR