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This document has been approved by the Commission on 23 October 2003

Decision C(2003)3834 dated 23.10.03 ANNEX III SPECIFIC PROVISIONS

MARIE CURIE EXCELLENCE GRANTS
[MONOCONTRACTOR]

III. 1 ­ Definitions In addition to the definitions in Article II.1, the following definitions apply to this contract: 1. Agreement: means the written agreement concluded between the contractor and the team leader and between the contractor and the team members pursuant to Article III.3. 2. Early stage team member: means a researcher in the first 4 years (full-time equivalent) of his/her research activity, including the period of research training, since gaining a university (or equivalent institution of higher education) degree giving access to doctoral studies in the country in which the degree was obtained (the degree must entitle the holder to embark on doctoral studies, without having to acquire any further qualifications) and who has not yet obtained a doctoral degree. 3. Experienced team member means a researcher having at least 4 years of research experience (full-time equivalent) since gaining a university degree giving him/her access to doctoral studies (the degree must entitle the holder to embark on doctoral studies, without having to acquire any further qualifications) in the country in which the degree was obtained or already in possession of a doctoral degree, independently of the time taken to acquire it. 4. Location of origin: for a team member, means the place where the team member was residing or carrying out his/her main activity at the time of appointment under the project unless (s)he has resided or carried out his/her main activity for less than 12 months in this location immediately prior to this date. In the latter case, the location of origin is the capital city of the country of his/her nationality. In case the team member is holding more than one nationality, the location of origin is the capital city of the country where the team member was residing for the longest period during the last 5 years prior to his/her appointment under the project. For the team leader, the reference date used to determine the location of origin in Annex I, according to the above-mentioned rules, is the relevant deadline for submission of the proposal. 5. Parental leave: means the period of leave related to a maternity or paternity to be taken by the team leader or a team member under the law referred to in Article III.3.1.g). 6. Team: means the group of researchers, both the team leader and the team members selected for the purpose of the project. 7. Team leader: means the researcher named in Annex I and appointed by the contractor to supervise the team and to carry out the scientific management of the project. 8. Team members: means the researchers selected by the team leader to co-operate in the project. 1


This document has been approved by the Commission on 23 October 2003

Decision C(2003)3834 dated 23.10.03 PART A: IMPLEMENTATION OF THE PROJECT SECTION 1 ­ IMPLEMENTATION AND DELIVERABLES III. 2 ­ Performance obligations In addition to the obligations identified in Article II.3.1, the contractor shall: a) ensure that the project is carried under the scientific management of the team leader; b) enable the team leader to select the team members in line with the profiles described in Annex I, ensuring: - the transnational character of the project through a balanced composition of the team in terms of nationality, mobility and international co-operation experience, - that a majority of members of the team have not worked in the same organisation before the start date, and making all necessary and reasonable endeavours to achieve a balance composition of the team in terms of gender, with the objective of at least 40% women; c) ensure that the vacancies in the team are advertised in international professional publications; d) ensure that the division of tasks among the team members presents sufficient guarantees that a significant contribution to the objective of reaching a high level of excellence in research in Europe will be made; e) in case of disagreement with the team leader on the selection of a team member, motivate in writing his/her negative opinion and submit it to the Commission for approval; f) conclude an agreement with the team leader and with each team member appointed under the project, pursuant to Article III.4 and host them for the period(s) specified in their respective agreement; g) ensure that the team leader and each scheme, which is applied to employees security scheme providing an adequate that (s)he is covered at any place of the team member is covered under the social security in the country of the contractor, or under a social protection in terms of level and scope; provided implementation of the project;

h) ensure that the team leader and each team member enjoys, at any place of the implementation of the project from, the same standards of safety and occupational health as those awarded to local researchers holding a similar position; i) execute, by the due dates, in accordance with the agreement provided for in Article III. 3, all the payments for which it is responsible; j) ensure that the team leader and each team member will be involved in the project for the time specified in the agreement;

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This document has been approved by the Commission on 23 October 2003

Decision C(2003)3834 dated 23.10.03 k) provide, throughout the duration of the contract, the means, including the infrastructure, equipment and products, for implementing the project in the scientific and technical fields concerned and to make these means available to the team, as necessary; l) provide reasonable assistance to the team leader and each team member in all administrative procedures required by the contractor's relevant authorities; m) support the team leader in the management of the team throughout the duration of the project; n) organise a Mid-Term Review Meeting between the team and the Commission. The contractor shall agree with the Commission the date, the venue and the agenda for the meeting at least two months in advance of it; o) take measures to ensure that the team leader and each team member completes the evaluation questionnaires, provided by the Commission, at the end of the project; p) contact the team leader and each team member two years after the end of the project in order to invite them to complete the follow-up questionnaires, provided by the Commission; q) record and update, for at least three years after the end of the project, the contact details of the team leader and each team member; r) transmit to the Commission the completed questionnaires mentioned in points o) and p) of this Article as well as the information mentioned in point q) of this Article upon request; s) inform the and the righ participation requirements Commission of any event which might affect the implementation of the project ts of the Community and of any circumstance affecting the conditions of referred to in the Rules for Participation, the Financial Regulation and any of the contract, including:

- any change of control; - any significant modification relating to the agreement(s); - any modification relating to the information having served as a basis for the selection of the team leader; - parental leave at the request of the team leader on his own behalf or on behalf of a team member and its consequences pursuant to the applicable national law under Article III.3.1. g), in particular its duration, its financial implications and the legal and contractual obligations of the contractor during this period. III. 3 - The contractor's relationship with the team 1. The agreement shall determine, in accordance with the contract, the conditions for implementing the project and the respective rights and obligations of the team leader and each team member and the contractor under the project ensuring the necessary autonomy to the team leader to carry out the project.

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This document has been approved by the Commission on 23 October 2003

Decision C(2003)3834 dated 23.10.03 The contract shall be annexed to the agreement, as well as any amendment to the contract. The agreement must be kept by the contractor for the purposes of audit for the period mentioned in Article II.25. Within 10 days Commission a conformity of communicated of the appointment of the team leader, the contractor shall transmit to the copy of the agreement accompanied by a signed declaration on the the agreement with this contract following the layout and procedures by the Commission.

Within 20 days of each appointment of a team member, the contractor shall transmit to the Commission a signed declaration on the conformity of the agreement with the present contract, register the appointment and update the list and description of vacancies, following the layout and procedure communicated by the Commission. The agreement shall specify in particular: a) in the agreement with each team member, a description (abstract) of the activities allocated to the team member under the project and the indication that the team member works under the supervision of the team leader; b) the amounts that the team leader or the team member is entitled to receive from the contractor, according to his/her level of experience, pursuant to the contract and the arrangements for payment of the amounts due; c) any additional contribution paid by the contractor to the team leader or the team members concerned for the purpose of this project and the arrangements for payment of these amounts to the team leader or the team members; d) any amount deducted, subject to a legal justification; e) that, the team leader or the team member shall not be allowed to receive, for the activities carried out under the project, other incomes than those received from the contractor pursuant to points b) and c) of this paragraph; f) the conversion and exchange rate(s) used, including the reference date(s) and source(s), when payments are made in a national currency other than the Euro; g) the law applicable to the agreement; h) the social security coverage of the team leader or the team member in conformity with Article III.2.g); i) the provisions for annual and sickness leave according to the internal rules of the contractor; j) that each member of the team must devote him/herself full-time to the activities carried out under the project unless there are duly justified reasons connected to personal or family circumstances and subject to prior approval of the Commission; k) the description and the timetable for the implementation of the team leader or the team member activities under the project, when the activities of the team leader or the team member under the project are split in several separated periods; 4


This document has been approved by the Commission on 23 October 2003

Decision C(2003)3834 dated 23.10.03 l) the total duration of the agreement, the nature and the date of the appointment of the team leader or the team member in terms of status provided that the requirements set forth in Article III.2.g) and h) as well as Article III.9.1.a) are respected and that the working conditions are comparable to those awarded to local researchers holding a similar position; m) the location(s) where the team leader or the team member activities will take place as referred in Annex I; n) that the team leader or the team member shall inform the contractor as soon as possible of circumstances likely to have an effect on the performance of this contract, such as: - any modification relating to the agreement(s), - any modification relating to the information having served as a basis for the award of the Marie Curie Excellence Grants, - a pregnancy or a sickness that may directly have an effect the implementation of the project; o) the arrangements between the contractor and the team leader or the team member during the period covered by the agreement and beyond relating to intellectual property rights, in particular the access to pre-existing know-how, the use of knowledge, publicity and confidentiality provided that they are compatible with the provisions foreseen in Articles II. 9, 12, 28, 29, 30, 31 and Articles III. 6, 7, 10, 11; p) that the team leader or the team member shall commit him/herself to complete, sign and transmit to the contractor the evaluation and follow-up questionnaires referred to in points o) and p) of Article III.2; q) that the team leader or the team member shall commit him/herself to keep the contractor informed for three years following the end of the project of any change in its contact details; r) that the team leader or the team member will acknowledge the support received from the Community under a Marie Curie Excellence Grant in any related publications or other media in accordance with Article III.7. 2. The payment arrangements referred to in paragraph 1.b) of this Article shall be based on the principle of monthly payments in arrears unless contrary to the applicable law mentioned in paragraph 1.g) of this Article. They must provide for payments to the team leader or the team member from the beginning of his/her appointment as well as for payment of the full amounts allocated for the benefit of the team leader or the team member at the latest at the end of the project. III. 4 ­ Suspension and prolongation of the project In addition to the provision of Article II.5 he contractor shall inform the team leader of the Commission decision and the team leader shall inform the team members. III. 5 ­ Submission of project deliverables In addition to the provisions of Article II.7, the contractor shall submit a mid-term review report, to be the basis of the discussion at the Mid-Term Review Meeting referred to in Article III.2.n) at least one month before the date of the meeting. 5


This document has been approved by the Commission on 23 October 2003

Decision C(2003)3834 dated 23.10.03 Periodic and final activity reports shall be signed by the team leader.

II. 6 ­ Confidentiality The contractor shall ensure that the team has the same rights and complies with the same obligations as the contractor, as referred to in Article II.9. III. 7 ­ Publicity The contractor shall ensure that the team benefits from the same rights and complies with the same obligations as the contractor, as referred to in Article II.12. SECTION 2­ TERMINATION OF THE CONTRACT AND RESPONSIBILITY III. 8 ­ Termination of the contract In addition to the circumstances provided for in Article II.15.2, the Commission may terminate the contract in the following circumstances: a) when the team leader for any reason is no longer in a position to continue working under the project; b) when the agreement between the contractor and the team leader is terminated due to noncompliance in respect to their obligations under the agreement; c) where the team leader has made false declarations for which (s)he may be held responsible, or has deliberately withheld material information in order to obtain the Community's financial contribution or any other advantage provided by the contract. PART B - FINANCIAL PROVISIONS II. 9 ­ Eligible Costs Costs may be charged to the contract provided that they comply with the provisions set forth in Part B of Annex II. In particular, costs related to the activities carried out under the project to the benefit of the team leader and the team members may be reimbursed by the Commission as follows: 1. Contribution to the benefit of the team leader and the team members A flat rate is set out in Annex I exclusively for the benefit of the team leader and the team members appointed under the project according to the applicable reference rates indicated in the Work Programme notwithstanding any additional contribution which might be paid by the contractor(s) to them. The applicable rates of the Work Programme are set on the basis of a full-time appointment of the team leader and the team members under the project. In case of a part-time 6


This document has been approved by the Commission on 23 October 2003

Decision C(2003)3834 dated 23.10.03 appointment, allowances shall be adapted pro-rata to the time actually spent on the project except for the travel allowance mentioned in point b) of this paragraph. The flat rate set out in Annex I is distributed as follows: a) A monthly living allowance: For the team leader, the applicable monthly flat rate amount is defined in Annex I. The contractor shall recruit the team leader as well as experienced team members under an employment contract, except in duly justified cases. For early-stage team members, the contractor can opt between an employment contract or a status equivalent to a fixed-amount stipend or grant. The applicable reference rates of the Work Programme for a team leader or experienced team members recruited under an employment contract (or any other type of contract available under national legislation which has the same social security coverage as that provided to employees) include all compulsory deductions under national legislation in the context of this contract. Any status proposed to a team member equivalent to a fixed amount stipend or grant shall be compatible with the applicable legislation of the contractor and shall ensure that adequate social security has been provided to him/her, but not necessarily paid from the stipend. For the team members, the applicable monthly flat rate amounts is set out by the contractor according to the following rates:
Team members appointed under an employment contract / assimilated fellowship with full social security coverage (/year) (<4 years 30 550 47 000 70 500 Team members receiving a fixed-amount stipend (/year)

Categories

Early stage team member experience) Experienced team member (4-10 years experience) Experienced team member (>10 years experience)

15 275 23 500 35 250

b) A contribution to the mobility costs, consisting of: - A mobility allowance, which takes into account the family situation of the member of the team. For the team leader, a monthly flat rate is defined in Annex I according to his/her family situation at the time of the relevant deadline for submission of the proposal. The team leader is entitled to the mobility allowance provided that (s)he has undertaken a physical transnational mobility within less than 12 months before the relevant deadline for submission of the proposal.

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This document has been approved by the Commission on 23 October 2003

Decision C(2003)3834 dated 23.10.03 Each team member shall receive a monthly mobility allowance according to his/her family situation at the time of his/her appointment. The team members are entitled to the mobility allowance provided that they have undertaken a physical transnational mobility at the start of their appointment or within less than 12 months before their appointment under the project. i 800/month: team member with family charges (marriage or equivalent status recognised by the applicable law pursuant to III.3.1.g), and/or charge of children). i 500/month: team member without family charges. In order to take into account the cost of living and the national salary structure in the country/ies where the team member is devoting him/herself to the activities of the project, the correction coefficients indicated in the Work Programme shall be applied to the monthly living and mobility allowances above-mentioned in points a) and b). Revisions either upwards or downwards to the correction coefficients of the Work Programme shall be applied to the ongoing appointment contract with the team leader and with each team member and as from the first day of the month following the publication of the revised Work Programme. - In addition, the team leader or the team member entitled to the monthly mobility allowance, shall be also receiving a travel allowance, for one journey between the team leader's or the team member's location of origin and the contractor's premises for every period of 12 months or less when the first period or the last period is less than 12 months. The first travel allowance should be paid upon taking up appointment and yearly after. Only one travel allowance shall be paid per period of 12 months. For the team leader, the travel allowance flat amount is defined in Annex I. The following rates (return ticket) are applied to the direct distance (as the crow flies) based on latitude and longitude between the location of origin of the team member and the contractor's premises.
Distance (km) < 500 500 ­ 1.000 >1.000 ­ 1.500 >1.500 ­ 2.500 >2.500 ­ 5.000 >5.000 ­ 10.000 >10.000 Fixed-amount rate () 250 500 750 1 000 1 500 2 000 2 500

(c) In case of a suspension of an agreement due to parental leave, the Commission may decide, upon written request of the contractor, to adjust the Community's financial 8


This document has been approved by the Commission on 23 October 2003

Decision C(2003)3834 dated 23.10.03 contribution to the benefit of the team leader or team member according to the requirements of the particular case. Calculated on a monthly basis, the contribution shall not exceed the difference between the compensation received by the team leader or team member under his/her social security coverage mentioned under Article III.3.1.g) and h) and the amount of the contribution defined in Article III.9.1.a). Costs related to the other activities carried out under the project may be reimbursed by the Commission as follows:

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This document has been approved by the Commission on 23 October 2003

Decision C(2003)3834 dated 23.10.03 (a) A contribution is set out in Annex I to cover the costs related to the activities of research, training and transfer of knowledge, which may be charged to the contract on a real cost basis. (b) A contribution is set out in Annex I to cover the costs related to the purchase or leasing with option to buy of durable equipment, which may be charged to the contract on a real cost basis subject to the prior written agreement given by the Commission. These costs shall take into account the depreciation of the equipment according to the applicable accounting principles. Only in exceptional cases, duly justified by the use of the equipment and if its final destination is determined, the Commission may accept to reimburse the costs related to the purchase or leasing with option to buy of durable equipment without depreciation. 3. Contribution to the benefit of the contractor Costs for management activities of the project: the maximum share of the Community contribution, which may be charged to the project by the contractor, is 3%. 4. Indirect costs A flat rate of 20% of the direct eligible costs excluding sub-contracting costs may be charged to the contract to cover the indirect costs of the project. PART C ­ INTELLECTUAL PROPERTY RIGHTS III. 10 ­ Access rights In addition to the provisions of Article II.31, the contractor shall ensure that the team enjoys, on a royalty-free basis, access rights to the pre-existing know-how and to the knowledge, if that pre-existing know-how or knowledge is needed for his/her activities under the project. III. 11 ­ Incompatible or restrictive commitments The contractor shall inform, as soon as possible, the team of any restriction, which might substantially affect the granting of access rights, as the case may be.

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