Inco outgoing Fellowship to Japan
Article 1 - Scope
ANNEX II - GENERAL CONDITIONS
The European Community ("the Community"), represented by the Commission of the European Communities ("the Commission"), itself represented in view of the signature of this contract by [Mr (name)][Ms (name)], DirectorGeneral for [name of the DG] or [his] [her] duly authorised representative,
of the one part
[name of fellow] ("the fellow"), established in [name of State and full address],
of the other part,
(collectively ² the contracting parties² )
HAVE AGREED to carry out a project, in the framework of the specific research and technological development programme "Confirming the International Role of Community Research (1998-2002)1" (the "specific programme"), according to the following provisions:
|Done at Brussels,|
|On behalf of The Commission:|
|Signature:|| Title: |
|On behalf of the fellow:|
|Signature:|| Title: |
(corresponding to the project description given in proposal nr [nr of proposal], as selected by the Commission on [date])
1. Aim of the Research
- name: [name]
- nationality: [nationality]
3. Duration of the project: [number] months
4. Place(s) of implementation of the project:
- Host Institute:
- Laboratory (to be detailed if different establishment) :
- Scientist in charge:
5. Distribution of the amount (in EUROS) of the fellowship for the benefit of the fellow:
- allowance: 3,500 Euro/month Total: 84,000 euro
- travel allowance: 5,600 Euro
- relocation allowance: 6,500 Euro
- Language course: real cost with a maximum ceiling of 6,700 Euro
6. MAXIMUM Total amount of the fellowship in Euro: 102,800 Euro
1. "Decision" means Council Decision 1999/65/EC of 22 December 1998 concerning the rules for the participation of companies, research centres and universities and for the dissemination of research results for the implementation of the Fifth Framework Programme of the EuropeanCommunity (1998 to 2002)3 .
2. "Regulation" means Commission Regulation (EC) No 996/1999 of 11 May 1999 on the implementation of Council Decision 1999/65/EC concerning the rules for the participation of companies, research centres and universities and for the dissemination of research results for the implementation of the Fifth Framework Programme of the European Community (1998-2002)4
3. "Contracting parties" means the Community and the fellow.
4. "Fellow" means a physical person having been selected in conformity with the criteria and in the framework of the specific research and technological development programme "Confirming the International Role of Community Research" and having for such purposes concluded this present contract with the Community
5. "Project" means all the work referred to in AnnexI to this contract, including the participation to an intensive Japanese language course.
6. "Project commencement date" means the date referred to in Article2(1) of this contract. This corresponds to the start date of the fellow.
7. "Duration of the project" means the period of performance of the project referred to in Article 2(1) of this contract.
8. "Contract completion date" means the date referred to in Article 2(3) of this contract.
9. "Project deliverables" means the scientific reports, the requests for payments referred to in Article 4 of this contract and of this Annex and any element designated as such in Annex I to this contract.
10. "Force majeure" means any unforeseeable and insuperable event affecting the carrying out of the project.
11. The "interests of the Community" are to be assessed in particular with regard to:
- the objective of strengthening international competitiveness of Community industry;
- the objective of providing appropriate incentives for maintaining and creating jobs in the Community;
- the objective of promoting sustainable development and improving the quality of life in the Community;
- the needs of other Community policies in support of which indirect RTD actions are carried out;
- the existence of scientific and technical co-operation agreements between the Community and third countries or international organisations.
12. "Knowledge" means the results, including information, arising from any project covered byDecision No182/1999/EC of the European Parliament and of the Council of22December 1998, concerning the Fifth Framework Programme of the EuropeanCommunity for research, technological development and demonstration activities (1998 to 2002)] (hereinafter referred to as the "Fifth Framework Programme"), as well as copyright or rights linked with the results following applications for, or the issue of, patents, designs and models, plant varieties, additional certificates or other similar forms of protection.
13. "Start date of the fellow" means the date on which the fellow presents himself to the Delegation of the European Commission in Tokyo in order to start the work and sign the document "assumption of duties".
1. The fellow is required:
(a) to participate, during the first four months of the duration of the project and before starting the research work described in the project, in a full-time Japanese language course; in case it is noticed that the fellow has not regularly followed the language course, the fellow will be obliged to reimburse the amount allocated for following the language course; at the end of the language course, the fellow shall provide the Commission with proof of his regular participation in the course;
(b) to devote himself full-time to the research work described in the project under the conditions of this contract;
(c) to be solely responsible for ensuring fulfilment of his obligations under the applicable law and, where appropriate, under bilateral agreements;
(d) to conform to the regulations or customs in place within his host institute concerning the implementation of his research work as well as annual holidays;
(e) to inform the Commission as soon as possible of all modification relating to the contract, such as:
(a ) any circumstance likely to affect the performance or achievement of this project;
(b ) any modification relating to information having served as a basis for the award of the fellowship;
(f) to participate in control, follow-up and evaluation project meetings that concern him;
(g) to inform the Commission of the actual date of the start of the work;
(h) to prove his coverage under a private or public social security scheme, covering sickness, accident risks, and instances of invalidity and death. He must also, under his own responsibility, register to a pension scheme;
(i) to authorise the Commission or any of its authorised representatives to verify the use of the financial contribution of the Community under the conditions laid out in Article 11 of this annex, and shall provide the Commission or its authorised representatives with the appropriate assistance by leaving at its disposal all information and documents necessary for such a verification.
2. The fellow shall not be authorised:
(a) to hold another fellowship or receive other income for the research work described in the project;
(b) to give part or all of the implementation of the research work described in the project to a Third party
3. The Commission:
(a) shall provide the fellow, through the intermediary of the Delegation of the European Commission in Japan, with reasonable assistance in all the administrative tasks demanded by the authorities of the host country;
(b) shall assist the fellow in his steps to participate in the intensive Japanese language course;
(c) shall, in the case of maternity, suspend the implementation of the project for a period of maximum 120 days without occurence on the duration of the project and at the request of the fellow, submitted at least two months before the start of the said period.
During this period, the Commission shall pay its contribution in addition to the compensation received by the fellow from her insurance, as covered in paragraph 1 h) of this article. Calculated on a monthly basis, the contribution shall not exceed the difference between the compensation received and the amount of the contribution defined in point 5 of annex I.
At the end of this period, notwithstanding the cases mentioned in Article 6, the implementation of the project shall be pursued until expiry of the duration of the project. By way of exception to Article 2 paragraph 2 of this contract, the fellow may ask, at the latest one month before the expiry of the duration of the project, for an extension of the project, equivalent to the length of the suspension due to her maternity leave. The Commission shall take a decision on this request within the month in function of the state of advancement of the project and the interest of the extension requested. In the case of a positive answer, an extension to the contract shall set the financial details of this extension.
1. The Community's financial contribution shall be paid in accordance with the following principles:
The payments referred to in points (a) to (c) of this paragraph shall be regarded as having been effected on the date the Commission’s account is debited.
The Commission may suspend the period of 60days referred to under (b) at any time by notifying the fellow that it considers that additional checks should be carried out. The period shall continue to run once the Commission has completed the additional checks.
On expiry of the period provided for and without prejudice to the previous paragraph, the fellow may claim, within two months of receiving the late payment, interest at the rate applied by the European Central Bank for its main refinancing operations, applicable on the first day of the month during which the period has expired, plus one and a half percentage points. The interests shall cover the period starting on the day afterthe payment deadline until the date of actual payment.
2. The Commission may, in case of suspected fraud or major financial irregularity on the part of the fellow, suspend payments and/or refrain from making payments to the fellow. The fellow remains liable to perform his contractual obligations.
3. Bank charges resulting from any reimbursement of sums due to the Community shall be borne exclusively by the fellow.
The recovery order regarding payments made by the Commission, drawn up by the latter and transmitted to the fellow who owes an amount to be reimbursed shall be enforceable within the meaning of Article 256 of the Treaty establishing the European Community.
The Commission may decide to proceed with the reimbursement of sums owed to
the Community by way of set-off against sums of any kind due to the fellow.
4. After the contract completion date, the Commission may, where fraud or serious financial irregularities have been discovered during a financial audit, claim from the fellow the reimbursement of all the Community’s financial contribution paid to him. Interest at the rate applied by the EuropeanCentral Bank for its main refinancing operations on the first day of the month during which the fellow has received the funds, plus two percentage points, shall be added to the amount to be repaid. The interest shall cover the period between the receipt of the funds and their repayment.
1. As regards reports:
(a ) an intermediate scientific report covering the work over a period of 12 months starting from the commencement date of the project;
(b ) a final scientific report covering all the work, objectives, results and conclusions, including a summary of all those items.
2. As regards requests for payment:
3. The quarterly requests for payment shall be submitted to the Commission twomonths before the period concerned.
The intermediate scientific report shall be submitted to the Commission within two months following the expiry of the twelve first months of the project.
The final scientific report as well as the corresponding request for payment shall be submitted to the Commission within two months of the end of the duration of the project, as foreseen in Article 2.1. of the contract.
If applicable, the other project deliverables shall be submitted within the time-limits set out in Annex I to this contract.
In the absence of observations by the Commission, the scientific report shall be deemed to be approved within two months of its receipt.
4. The Commission reserves the right to withhold part or, exceptionally, all of the payment of the Community’s financial contribution in case of failure to submit, within the period specified in paragraph 3 of this Article, the intermediate scientific or financial report, or the corresponding request for payment.
The Commission may decide not to make the final payment, in case of failure to submit the final scientific report or the corresponding payment request within the period specified in paragraph 3 of this Article, subject to one month’s written notice of non receipt of that document.
5. The fellow must provide the Commission with all detailed information requested by
the Commission in view of a proper performance of this contract.
1. The liability of the contracting parties amongst themselves with regard to any losses, damages or injuries suffered in the context of the performance of this contract shall be governed by the law indicated in Article5(1) of the contract.
2. The measures to be taken in the event of force majeure shall be agreed between the contracting parties. The contracting parties expressly agree that any defect of a product or service used for the purpose of performing this contract and affecting such performance, including, for instance, anomalies in the functioning or performance of such product or service resulting from, or linked to, the millennium date change (year 2000 problem), does not constitute force majeure.
3. The Community cannot be held liable for acts or omissions of the fellow in performing this contract. It shall not be liable for any defects in respect of any products or services created on the basis of knowledge resulting from the project, including, for example, anomalies in the functioning or performance thereof resulting from, or linked to, the millennium date change (year 2000 problem).
The fellow shall fully guarantee the Community, and shall undertake to indemnify it, in the event of any action, complaint or proceeding brought by a third party against it as a result of damage caused, either by any act or omission of the fellow in performing this contract, or on account of any products or services created on the basis of knowledge resulting from the project, to the extent that the fellow has contributed to or is responsible for the loss or damage concerned.
4. In the event of any action brought by a third party against the Community in connection with the performance of this contract, the fellow shall be required to assist the Community.
In the event of any action brought by a third party against the fellow in connection with the performance of this contract, the Commission may, without prejudice to paragraph 1 of this Article, assist the latter upon written request. The costs incurred by the Commission in this connection shall be borne by the fellow concerned.
1. The Commission may terminate the contract:
(a) when the fellow or the host institute terminates the project;
(b) for major technical or economic reasons substantially affecting the project (including where the resumption of the performance of the contract following its suspension on account of article 2 paragraph 2 or of article 2 paragraph 3 c) of the current annex proves impossible).
The Commission shall determine, in the registered letter with acknowledgement of receipt, the notice period, which shall not exceed one month from the date of receipt of the above-mentioned letter.
2. The Commission shall not object to the termination of the contract, at the written request of the fellow, on the grounds mentioned in paragraph 1(a) and (b) of this Article.
The termination of the contract shall be effective:
- on the date of the letter of acceptance by the Commission, notified by registered letter with acknowledgment of receipt;
- at the latest one month following receipt of notification by the fellow in the absence of written observations by the Commission within that time-limit.
3. The Commission may immediately terminate this contract from the date of receipt of
the registered letter with acknowledgment of receipt:
(a) where the project has not effectively commenced within six months following the start of this contract and where the new date proposed is considered unacceptable by the Commission;
(b) where the fellow has not fully performed his obligations following a written request from the Commission to remedy this situation within a period not exceeding one month;
(c) where the conditions for participation in the project mentioned in Articles 3 to 12 of the Decision are no longer satisfied.
4. The Commission shall immediately terminate this contract from the date of receipt of the registered letter with acknowledgment of receipt
(a) where the fellow has made false declarations for which he may be held responsible, or has deliberately withheld information in order to obtain the Community's financial contribution or any other advantage provided for in the contract.
(b) in the event of a serious financial irregularity.
5. The fellow shall take appropriate action to cancel or reduce commitments entered into, upon receipt of the letter from the Commission notifying him of the termination of the contract or upon dispatch of his letter requesting termination. In the event of termination of the contract, the Commission may require repayment of all or part of the Community's financial contribution. With the exception of a termination carried out in the frame of paragraph 4 of this article, the Commission will take into consideration the state of progress of the project in order to determine the remaining acquired amounts of the fellow, in proportion to the period of performance of the project and within the rights and obligations of the fellow with respect to this contract.
Interest at the rate applied by the European Central Bank to its main refinancing operations on the first day of the month during which the fellow has received the funds, plus two percentage points, shall be added to the amount to be repaid. The interest shall cover the period between the receipt of the funds and their repayment.
6. Notwithstanding the termination of the contract, the following provisions shall continue to apply after that date subject to the limits specified therein, as the case may be:
- Articles 5, 6 and 8 of this contract;
- Article 2 paragraph 1 points e) (α) and e) (β), Article3 paragraphs 3 and 4, Article 4 paragraph 5, Article 5, Articles 7 to 9 and Article 11 of Annex II of this contract.
The fellow shall submit the project deliverables relating to the work performed until the date of termination of the contract.
1. The terms of allocation and of exercising the ownership of the knowledge between the fellow and the host institute, and resulting from the project carried out by the fellow, shall be determined by the fellow and his host institute in compliance with the applicable law.
2. In the case of joint ownership of the knowledge resulting from the project, the owners shall agree among themselves on the allocation and the terms of exercising the ownership of the knowledge in accordance with this contract.
3. Where the owner(s) of the knowledge under paragraph 1 of this Article transfer(s) ownership of this knowledge, he or she (they) shall take steps or conclude agreements to pass on his/her (their) obligations under this contract to the assignee, in order to take account, inter alia, of the interests of the Community and in compliance with international agreements concluded by the Community.
The owner(s) of the knowledge shall provide adequate and effective protection for it in compliance with the applicable law.
Where the use of the European emblem is envisaged, prior approval shall be required from the Commission. Standards, in particular with regard to graphics, in force within the Commission must be complied with.2. The Commission may disseminate, by any appropriate means and for as long as necessary, general data relating, in particular to the objectives, the Community’s financial contribution, the duration and the state of progress of the project and the knowledge.
The legal designation of the participants and the names of the laboratories carrying out the work shall also be published unless the fellow or host institute objects to this in advance on the basis of essential, duly justified reasons of an industrial or commercial character.3. Without prejudice to paragraphs 1 and 2 of this Article, the Commission, the fellow shall be required to keep confidential any data, knowledge and documents communicated to them on a confidential basis or the disclosure of which may be prejudicial to one of them.
This obligation shall no longer apply:
3. Where this contract provides for the communication of any data, knowledge or document referred to in paragraph 3 of this Article, the Commission and the fellow must check first that the party receiving this data, knowledge and documents will keep them confidential and use them only for the purpose for which they are to be communicated.
- where the content of those data, knowledge and documents becomes publicly available through work or actions lawfully performed outside this contract and not based on activities under it;
- where those data, knowledge and documents have been communicated without any confidentiality restrictions or where the disclosing party subsequently waives their confidentiality.
The grant, of which the amount is set in Article 3 of the contract and is allocated exclusively for the benefit of the fellow, is distributed as follows:
(a) A monthly allowance, excluding all other type of contribution. In the case of an increase in this allowance, the revised amount shall apply from the date of effect of the decision of the revision.
(b) A fixed contribution to the mobility costs.
(c) A contribution towards relocation costs,
(d) An amount aimed at covering the real cost of an obligatory four month Japanese language course in Tokyo, to a maximum of 6,700 €.
1. The Commission, or any representative authorised by it, may initiate a technical verification or an audit of the project at any time during the contract and up to five years after each payment of the Community contribution, in order to verify that the project is being or has been carried out in accordance with the conditions indicated by the fellow.
The verification procedure shall be deemed to be initiated on the date that the relevant letter by the Commission has been sent.
It shall be carried out on a confidential basis.
2. The Commission may request that data be handed over to it in an appropriate form in order, for instance, to ascertain that the Community's financial contribution is used in compliance with Annex I to the contract.
The Commission shall take appropriate steps to ensure that its authorised representatives treat confidentially the data to which they have access or which have been provided to them.
3. Prior to carrying out the technical verification and the audit, the Commission shall communicate to the fellow the identity of the authorised representatives who are intended to perform the verification. It shall take account of objections on the part of the fellow in so far as they are based on legitimate interests.
4. The fellow shall provide appropriate assistance to the Commission or its authorised representatives.
5. On the basis of the findings made during the audit, a provisional report shall be drawn up. It shall be sent by the Commission to the fellow, who may make observations thereon within one month of receiving it.
The final report shall be sent to the fellow. The latter may communicate his observations to the Commission within one month of receiving it. The Commission may decide not to take into account the observations conveyed after that deadline.
On the basis of the conclusions of the audit, the Commission shall take all appropriate measures which it considers necessary, including the issuing of a recovery order.
6. The Court of Auditors may, on the basis of its own rules, verify the use made of the Community's financial contribution in the framework of this contract.