- all the principal contractors are collectively responsible to the Commission for the execution of the project and shall use reasonable endeavours to obtain the expected results;
- principal contractors have rights of access to the results of the project and any pre-existing know how. Assistant contractors have limited rights. (see Box 8)
· For support for access to research infrastructure, the host infrastructure is a principal contractor[19], who is responsible for the implementation of the action.
· For SME co-operative research projects, SMEs benefiting from the project are principal contractors. Organisations performing the research, named RTD performers, are subcontractors and, as such, are not considered to be "participants"[20].
· For Exploratory awards, SMEs are principal contractors.
For both SME Co-operative research projects and SME Exploratory awards, principal contractors share responsibility and have the same access to intellectual property rights. It should be noted that RTD performers, although they are not considered to be "participants", can have access to the know-how necessary to perform the research, and, in specific cases, to the knowledge resulting from the projects (see Box 8).
· Concerted Actions, Research Training Networks and Thematic Networks distinguish between the principal contractor(s)[21] who lead the action, and the members who are associated with them. Principal contractor(s)[22] sign a membership contract with their members, with the prior agreement of the Commission and in conformity to their own Commission contract, and share with them joint and several responsibility, in relation to the carrying out of the project.. This distinction does not affect intellectual property rights.
· For Accompanying Measures, the participants role shall vary according to the nature of the action (see Box 6). Principal contractors share joint and several responsibility. In Accompanying Measures specific to technology take-up members can participate.
· For Fellowships, the Commission’s contract is normally offered to the host institution, which then signs an agreement with the Fellow, conforming to the terms of the Commission’s contract. Exceptionally, in the case of bursaries for Community Researchers (INCO 2), the Commission contract may be with the individual personally. In general, intellectual property rights shall be addressed in the agreement signed with the individual and according to the national legislation of the host institution.
Participants in an action may conclude between themselves any agreements necessary to the completion of the work, provided these do not infringe on their obligations as stated in the contract they sign with the Commission.
III.5.4. The co-ordination of the project
Within a consortium, participants shall designate one of the principal contractors to carry out the co-ordination function[23].
The co-ordinator is the liaison between the participants and the Commission, responsible for collecting, integrating and submitting project deliverables, and for distributing the funds received from the Commission.
The costs incurred by the co-ordinator in the fulfilment of his responsibilities can be claimed as direct or indirect costs (see boxes 6 and 7).
It should be noted that the successful management of the project is a joint commitment of all the participants. They may however agree amongst themselves to confer upon the co-ordinator additional responsibilities, provided this does not infringe on their obligations as stated in the contract they sign with the Commission.
III.5.5. Subcontractors
Sub-contractors are not participants in a project. Their function is only as service providers to a principal contractor, an assistant contractor or a member, who fully funds their activity. The costs are then reimbursable by the Commission according to the rules of the contract in force.
Sub-contractors make no financial investment in the project, and they therefore do not benefit from any intellectual property rights arising from its achievements (see boxes 6 and 7).
In order for the Commission to verify the execution of the contract, participants are required to submit, via the co-ordinator interim and final reports as well as reports of costs incurred.
These reports will be analysed by Commission services in the light of the criteria, which led to the original selection of the proposal This will ensure the project conforms to the conditions associated with the Community financial contribution, and that the progress foreseen actually takes place. The reports are also used to assess whether and in what manner the project should continue to be supported.
In addition, and conforming to objectives stated in the Fifth Framework Programme decision concerning the use and dissemination of results, the Commission will follow-up the implementation of the results of the project. Therefore participants are in general required to produce a “Technology Implementation Plan” indicating how the knowledge gained will be used. The Commission will ensure, where necessary, the confidentiality of these data.
III.7. Financial contribution of the Community
The Commission undertakes a financial contribution to the work.
With the exception of those cases where the Commission's contribution takes the form of a lump sum payment, the Commission reimburses eligible costs incurred by participants as the project progresses. Payment is made in instalments at regular intervals.
III.7.1. Incurred eligible costs
Participants are required to identify and declare their eligible costs by the submission of interim and final cost statements based on the actual costs incurred for the execution of the project. Participants must retain supporting documents, which justify these costs, for at least 5 years from the end of each payment, to permit auditing by Commission services or other institutions, e.g. the European Court of Auditors.
The different categories of costs that are eligible for Commission funding differ according to type of contract (see Boxes 6 and 7).
III.7.2. Calculation methods
A number of different methods are used to calculate the Commission funding, depending on the type of action involved and on the participant’s capacity to identify his incurred costs (see boxes 6 and 7).
For Research and Technological Development projects, Demonstration and Combined Research and Demonstration projects, three calculation methods are used: full cost actual overhead (FC), full cost flat rate (FF) and additional cost (AC).
For Accompanying Measures, one calculation method is used for all participants. The overhead may be calculated as a flat rate of the personnel costs and in some cases no overheads may be allowed.
For technology take-up measures not all cost categories may be allowable.
For Concerted Actions and Thematic Networks, all participants use the additional cost model (AC), so overheads are calculated as 20% of all direct costs (except subcontracting).
Use of permanent staff is allowed for all types of organisations if accurate time records are kept.
III.7.3. Payment of the contribution
The Community contribution is paid in Euro, in a number of regular instalments based on cost claims submitted by participants with their interim and final reports.
The Commission may make advance payments at the beginning of the project, contingent on verification of the participants’ financial standing. In certain circumstances the Commission may request financial or other guarantees to ensure the security of any advance payment made. This is particularly necessary for those shared-cost actions where the participants themselves are expected to support part of the cost.
III.8. Assistance available to proposers
The EC carries out a range of activities in support of potential proposers. These vary as appropriate according to the nature of the Call and the Specific Programme concerned. Therefore, they are detailed in the Guide Part 2.
For each programme there is a network of National Contact Points in Member and Associated States. The National Contact Points can be helpful to organisations from their country in finding partners from other countries, and in assisting in procedural or administrative matters. There are a number of other networks such as Innovation Relay Centres, Euro Info Centres etc., which potential proposers may also consult.
The European Commission maintains an Infodesk for each programme of the Fifth Framework Programme for the duration of their Calls. Any questions concerning the Call not covered in this document nor in the material available at the programme web site may be directed to the Infodesk, whose address is included in the Call specific information in the Guide Part 2. The Infodesk will post any last-minute information concerning the Call on the programme website, which potential proposers should check periodically for this reason.
The certification service provider has established an EU-wide support network for proposers in the national languages. Details are given on the web page relating to this service (http://www.fp5.csp.org).
The Commission may organise “Info-days”, to disseminate information about the Fifth Framework or a particular Call, and also to provide an occasion for proposers to meet potential consortium partners.
The Commission’s CORDIS server in Luxembourg (http://www.cordis.lu/fp5/) offers a number of services and information sources which may be useful in particular to support partner search activities. It also contains details of organisations which have already expressed an interest in participating to the different programmes under the Fifth Framework Programme.
In addition, the CORDIS website offers targeted information concerning both implementation modalities of the specific programmes as well as financial and administrative management aspects.
Box 3 - Co-operation with non-EU Countries and International Organisations
Opportunities for participation in proposal consortia
In planning a RTD proposal for submission to one of the programmes or to the key action ‘Improving the socio-economic knowledge base’, researchers should be aware that it is also open to participation by entities from non-EU countries and to international organisations. The opening falls into three categories and in all cases, the third country/international organisation participant must be included as a participant in the original proposal submitted:
(i) Countries associated to FP-5: For each of these countries, institutions may participate and be funded, with similar rights and responsibilities to EU Member State participants, once the Association Agreements come into force (see box 4).
(ii) Project by project participation: This participation will be on a self-financing basis and this option is open to all non-associated European countries, to Mediterranean partner countries, to countries with which the EU has an S&T Agreement, and to international organisations, as long as the participation is in conformity with the interest of the Community.
(iii) All other countries: For countries not covered by the above categories, participation in FP-5 projects on a self-financing basis will be possible if the participation is in conformity with the interest of the Community and is of substantial added value for implementing all or part of the specific programme. The interest of the Community and the substantial added value must be clearly indicated in the proposal.
The conformity with the interests of the Community will be assessed with particular regard to the contribution to one or more of the following (as laid down in Council Decision): the needs of other Community policies in support of which the RTD actions are carried out; providing appropriate incentives for maintaining and creating jobs in the Community; promoting sustainable development and improving the quality of life in the Community; strengthening the international competitiveness of Community industry; the existence of S&T co-operation agreements between the Community and third countries or international organisations.
Substantial added value may refer for example to cases where the third country participant is a generally recognised, top-level specialist in the field of the proposal or has access to unique resources which are of great importance to the project but which are not available in Europe, or where third country participant offers the prospect of opening new markets for the European participants.
In exceptional cases, Community financing for the third country participant or international organisation may be provided by the programme if it is essential for achieving the objectives of the project1, i.e. if the contribution of the participant cannot be provided by any other means and the project cannot be carried out without that participant.
For country groupings, see box 4
1 Additional rules are foreseen in the Specific Programme “Energy, environment and sustainable development” which provide for financial support to those entities where their participation is beneficial and offers added value for achieving the objectives of the Programme.
Box 4 - Participation from non-EU countries in FP5 1
For latest information on entry into force of these agreements, please consult: www.cordis.lu/fp5/src/3rdcountries.htm or contact the Programmes' Information Desk
| Associated States may participate with Community funding | CANDIDATES FOR EU- MEMBERSHIP | BULGARIA, REPUBLIC OF CYPRUS, CZECH REPUBLIC, ESTONIA, HUNGARY, LATVIA, LITHUANIA, POLAND, ROMANIA, SLOVAKIA, SLOVENIA : in force.For MaltaandTurkey, please see footnote 3 and 4 |
| EFTA-EEA | ICELAND, LIECHTENSTEIN, NORWAY: in force. | |
| OTHERS | ISRAEL : in force.SWITZERLAND 2 :entry into force expected on the 1.1.2001. | |
| Third States 6 may participate without Community funding (exceptionally with Community funding when duly justified as being essential for achieving the objectives of the project) | OTHER EUROPEAN | ALBANIA, BOSNIA-HERZEGOVINA, FORMER YUGOSLAV REPUBLIC OF MACEDONIA, SWITZERLAND 2MALTA 3 and TURKEY4 are also shown under Mediterranean Partnership.MICROSTATES AND TERRITORIES IN EUROPE5 |
| EUROPEAN NIS | ARMENIA, AZERBAIJAN, BELARUS, GEORGIA, MOLDOVA, RUSSIA, UKRAINE. | |
MEDITERRANEAN PARTNERSHIP | ALGERIA, EGYPT, JORDAN, LEBANON, MALTA3, MOROCCO, PALESTINE AUTHORITY, SYRIA, TUNISIA, TURKEY4.All above countries may participate project by project if in conformity with the interests of the Community and on a self financing basis. | |
| COUNTRIES WITH CO-OPERATION AGREEMENT | ARGENTINA (1st activity of FP5), AUSTRALIA (1st activity of FP5), CANADA (1st activity of FP5), CHINA (1st activity of FP5), SOUTH AFRICA (FP5), USA (FP5) : in force.RUSSIA (1st activity of FP5):Agreement signed.The above countries may participate in the fields covered by the Co-operation Agreement, once in force, and on a self financing basis (until then, Russia may participate as an European NIS). | |
| ANY OTHER COUNTRY | May participate project by project if in conformity with the interests of the Community and on a self financing basis, only if its participation is also of substantial added value for implementing all or part of the specific programmes in accordance with its objectives.. | |
| INTERNATIONAL ORGANISATIONS 7 | May participate project by project if in conformity with the interests of the Community and on a self financing basis. |
Participation from third States and of International Organisations must take place together with the minimum number of legal entities from the Community and any Associated States.