MRTN-CT-2004-511953
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ANNEX III
SPECIFIC PROVISIONS

MARIE CURIE RESEARCH TRAINING NETWORKS

[MULTICONTRACTOR]

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 a contractor and a researcher, pursuant to Article III.4.

2. Early stage researchers : means researchers in the first 4 years (full-time equivalent) of their 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 have not yet obtained a doctoral degree.

3. Experienced researchers : means researchers having at least 4 but no more than 10 years of research experience (full-time equivalent) since gaining a university degree giving them 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 : means the place where the researcher was residing or carrying out his/her main activity when taking up appointment at the start of his/her researcher human resources and mobility activities 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 of a researcher holding more than one nationality, the location of origin is the capital city of the country where the researcher was residing for the longest period during the last 5 years prior to his/her appointment.

5. Parental leave : means the period of leave related to a maternity or a paternity to be taken by the researcher under the law referred to in Article III.4.1.g).

6. Personal Career Development Plan : means a plan established by each researcher appointed for more than 6 months, together with the scientist in charge of supervising his/her researcher human resources and mobility activities indicating his/her training and/or transfer of knowledge needs and scientific objectives as well as the measures foreseen to meet these objectives and a description of his/her researcher human resources and mobility activities .

7. Researcher : means an eligible early stage or experienced researcher selected and appointed by a contracto r to benefit from the human resources and mobility activities of the project .

8. Researcher human resources and mobility activities : means the activities related to the researcher under the project as described, where applicable, in the Personal Career Development Plan or in the agreement when a Personal Career Development Plan is not required.

9. Secondment period : means a period spent by a researcher at a contractor’s premises other than those of the contractor which has appointed him/her under the project .

 

PART A: IMPLEMENTATION OF THE PROJECT

III. 2 – Performance obligations

1. In addition to the obligations identified in Article II.3.1, the consortium shall:

a) ensure that no more than 30% of the researcher -months supported by Community financing under the project are allocated to the benefit of nationals from third countries not treated as nationals of a Member State or Associated State pursuant to Article III.3.2.a) . The Commission may allow a higher percentage on a case by case basis and upon prior written request by the consortium ;

b) take all necessary and reasonable measures to select at least 40% women researchers in the project;

c) ensure that no more than 40% of the total Community contribution as indicated in Article 5 of the contract is allocated to the benefit of the contractors of one country, excluding International European interest organisations ;

d) ensure that at least 65% of the total Community contribution as indicated in Article 5 of the contract is allocated to the activities to the benefit of researchers appointed under the project in accordance with Article III.8.1;

e) organise a Mid-Term Review Meeting between representatives of all the contractors and the Commission . The co-ordinator shall agree with the Commission the date, the venue and the agenda for the meeting at least two months in advance of it;

f) take decisions on re-distribution between contractors of the indicative distribution of the researchers- months to be selected on the project as per the respective table in Annex I, and report any such transfers between contractors to the Commission when submitting for each periodic and the final reports mentioned in Article II.7. However, any such transfer shall require prior agreement of the Commission where it results in a change of more than 35% in the number of researchers- months to be selected by any contractor in the aforementioned table;

2. In addition to the obligations identified in Article II.3.2, each contractor shall:

a) select each researcher according to the eligibility criteria set forth in Article III.3 ensuring that each researcher fulfils the eligibility criteria at the time of appointment by the contractor in the frame of this project ;

b) conclude an agreement with each researcher appointed under the project and host the researcher for the period(s) specified in the a greement;

c) ensure that the researcher is covered under the social security scheme, which is applied to employees in the country of the contractor , or under a social security scheme providing an adequate protection in terms of level and scope; provided that the social security scheme covers the researcher at any place of the implementation of the researcher human resources and mobility activities;

d) ensure that the researcher enjoys, at any place of the implementation of the researcher human resources and mobility activities the same standards of safety and occupational health as those awarded to local researchers holding a similar position;

e) execute, by the due dates, in accordance with the agreement provided for in Article III.4, all the payments for which it is responsible;

f) ensure that a Personal Career Development Plan is established, at the time of appointment, by each researcher appointed for more than 6 months, together with the scientist in charge of his/her researcher human resources and mobility activities and that each researcher will be trained and transfer knowledge under the project in line with his/her Personal Career Development Plan;

g) 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 researchers , as necessary ;

h) provide reasonable assistance to the researchers in all administrative procedures required by the contractor ’s relevant authorities, as well as in all administrative procedures, such as visas and work permits required by the relevant authorities of the contractor where the researcher may carry out a secondment period ;

i) appoint each researcher hosted for a period longer than a secondment period of 30 % of the total period of the agreement in force between the researcher and the other contractor who has appointed him/her previously to benefit from the researcher human resources and mobility activities of the project;

j) ensure that each researcher will be trained under the project for the time specified in the agreement;

k) take measures to ensure that each researcher completes the evaluation questionnaires, provided by the Commission , at the end of the researcher human resources and mobility activities ;

l) contact each researcher two years after the end of the project in order to invite him/her to complete the follow-up questionnaires, provided by the Commission ;

m) record and update, for at least three years after the end of the project, the contact details of the researchers ;

n) transmit to the Commission the completed questionnaires mentioned in point k) and l) of this paragraph as well as the information mentioned in point m) of this paragraph upon request;

o) in accordance with the reporting requirements of Article II.7, report any modification of the indicative periodic distribution between categories of project deliverables related to researchers as referred to in Annex I. However, any such modification shall require prior agreement of the Commission where it results in a change of more than 35% in the indicative distribution between the categories of the respective table in Annex I for any contractor.

 

III. 3 – Selection of the researcher(s)

1. In accordance with the conditions mentioned below, the contractors shall select the necessary number of researchers according to the objectives of the project and the indicative distribution referred to in Annex I.

2. Criteria for eligibility of the researcher (s):

To be eligible, each researcher must simultaneously fulfil the following criteria at the time of appointment by the contractor concerned in the frame of this project .

a) Nationality

The researcher must be a national of a Member State of the Community , of an Associated State or of a third country within the limit set out in Article III.2.1.a).

A researcher from a third country having legally resided or/and having had his/her main activity in the Community or in Associated State (s) for at least 4 years (in total) out of the last five years immediately prior to his/her appointment is treated as a national of the Member State or Associated State in which he/she has resided for the longest period.

b) Mobility

The researcher shall not be a national of a State in which the contractor ’s research team appointing him/her is located.

In the case of a researcher holding more than one nationality, he/she will be able to be hosted by a contractor located in the country of his/her nationality in which (s)he has not resided during the previous 5 years.

At the time of appointment, the researcher may not have resided or carried out his/her main activity in the country of the contractor for more than 12 months in the 3 years immediately prior to his/her appointment. Short stays such as holidays are not taken into account.

As an exception to the general rule, a researcher holding the nationality from a Member State or an Associated Candidate State can carry out his/her researcher human resources and mobility activities in his/her country of nationality if s/he can provide evidence testifying that s/he has legally resided and had his/her main activity in a third country for at least four of the last five years immediately prior to his/her appointment.

A researcher from a third country cannot carry out his/her researcher human resources and mobility activities in a third country .

A researcher who is a national of a Member Sate of the Community or an Associated State can only be appointed by a research team of a contractor located in a third country if it is essential for the project and with prior approval of the Commission .

These mobility rules do not apply when a researcher is appointed by an international European interest organisation , an international organisation or the JRC .

c) Qualifications and research experience

The researcher must fulfil the requirements associated with one of the following categories:

- Early stage researchers as defined in Article III.1.

-Experienced researchers as defined in Article III.1.

3. Criteria for eligibility of the researcher human resources and mobility activities

a) Duration

The researcher can be involved under the project to benefit from the researcher human resources and mobility activitie s for a duration of at least 3 months up to a maximum of 36 months.

The overall cumulative training received as an early stage researcher within the framework of Marie Curie Host Fellowships for Early Stage Research Training and Marie Curie Research Training Networks cannot exceed 48 months (full-time equivalent).

The researcher must devote him/herself full-time to his/her researcher human resources and mobility activities . Only for duly justified reasons associated with personal or family circumstances, may the researcher be allowed to devote him/herself part-time to his/her researcher human resources and mobility activities.

The researcher human resources and mobility activities can be split in several stays not exceeding 36 months in total and not going beyond the project duration. The duration of each phase shall have significance for the researcher human resources and mobility activities and form a coherent part of them or be justified on grounds of family reasons of the researcher .

b) Content

The researcher human resources and mobility activities must consist of activities within a scientific and technological area in the framework of the project defined in Annex I.

c) Academic support.

In case the researcher human resources and mobility activities involve PhD registered studies, the tutoring and supervision arrangements must include academic support of adequate quality by a specified academic supervisor.

4. Selection procedure

a) Publication of vacancies

The contractors are required to publicise internationally the vacancies available in the framework of the project for early stage researchers and experienced researchers to as many potential applicants as possible using all appropriate means of advertising (press, posters, websites, internet, information at conferences, etc.).

b) Selection criteria

The contractors must select the researchers , following open, transparent, impartial and equitable selection procedures, on the basis of:

The selection of experienced researchers must be justified in terms of transfer of knowledge.

c) Equal opportunities

Pursuant to Article III.2.1.b), the contractors endeavour to assure a fair female representation by promoting real equal access opportunities between men and women throughout the selection.

To that end, the contractors seek and encourage female candidates in the publicity referred to in point a) of this paragraph and pay, in the application of the selection criteria referred to in point b) of this paragraph, a particular attention to ensure no gender discrimination.

III. 4 - The contractor ’s relationship with the researcher

1. The agreement shall determine, in accordance with the contract , the conditions for implementing the researcher human resources and mobility activities and the respective rights and obligations of the researcher and the contractor under the project .

The contract shall be annexed to the agreement , as well as any amendment to the contract and, where applicable, the Personal Career Development Plan . The agreement must be kept by the contractor for the purposes of audit for the period mentioned in Article II.26.

Within 20 days of the appointment of the researcher, the contractor shall transmit to the Commission , via the co-ordinator, a signed declaration on the conformity of the agreement with this contract . The co-ordinator shall register the appointment and update the list and description of vacancies available, following the layout and procedures communicated by the Commission .

The agreement shall specify in particular:

a) the name of the scientist(s) in charge of supervising the researcher human resources and mobility activities as well as a description (abstract) of these activities when a Personal Career Development Plan is not required;

b) the amounts that the researcher is entitled to receive from the contractor pursuant to this contract and the arrangements for payment of the amounts due to the researcher ;

c) any additional contribution paid by the contractor to the researcher for the purpose of this project and the arrangements for payment of this amount;

d) any amount deducted, subject to a legal justification;

e) that, the researcher shall not be allowed to receive, for his/her researcher human resources and mobility activities, 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 provided to the researcher , in conformity with Article III.2.2.c);

i) the provisions for annual and sickness leave according to the internal rules of the contractor ;

j) that the researcher must devote him/herself full-time to his/her researcher human resources and mobility activities unless there are duly justified reasons connected to personal or family circumstances;

k) the description and the timetable for the implementation of the researcher human resources and mobility activities , in case that those activities are split in several separate periods;

l) the total duration of the agreement , the nature and the date of the appointment of the researcher in terms of status, provided that the requirements set forth in Article III.2.2.c) and d) as well as in Article III.8.1.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 researcher human resources and mobility activities will take place;

n) that the researcher shall inform the contractor as soon as possible of circumstances likely to have an effect on the performance of the contract or the agreement , such as:

- where applicable, any significant modification relating to his/her Personal Career Development Plan;

- a pregnancy or a sickness that may directly have an effect on the implementation of the agreement ;

o) the arrangements between the contractor and the researcher during and after the researcher human resources and mobility activities relating to intellectual property rights, in particular the access to the pre-existing know-how , the use of knowledge , publicity and confidentiality provided that they are compatible with the provisions in Articles II. 9, 12, 29, 30, 31, 32, 33 and Articles III. 6, 7, 9 and 10;

p) that the researcher shall commit him/herself to complete, sign and transmit to the contractor the evaluation and follow-up questionnaires referred to in points k) and l) of Article III.2.2;

q) that the researcher shall commit him/herself to keep the contractor informed for three years following the end of the project of any change in his/her contact details;

r) that the researcher will acknowledge the support of the Community under a Marie Curie Research Training Network 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 this is contrary to the applicable law mentioned in paragraph 1.g) of this Article. They must provide for payments to the researcher from the beginning of his/her appointment as well as for payment of the full amounts allocated for the benefit of the researcher at the latest at the end of the project.

III. 5 – Reports and deliverables

In addition to the provisions of Article II.7, the consortium shall submit:

- a database report, to be updated annually and suitable for publication in an electronic database. The database report shall be submitted initially within two months of the project start date .

- a mid-term review report, to be the basis of the discussion at the Mid-Term Review Meeting referred to in Article III.2.1.e) at least one month before the date of the meeting.

III. 6 – Confidentiality

The contractor shall ensure that the researcher 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 researcher has the same rights and complies with the same obligations as the contractor, as referred to in Article II.12.

PART B – FINANCIAL PROVISIONS

III. 8 – Eligible costs of the project

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 researcher human resources and mobility activities carried out under the project may be reimbursed by the Commission as follows:

1. Contribution to the benefit of the researcher

A flat rate is set out in Annex I exclusively for the benefit of the researchers 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) concerned to the researchers .

This flat rate is set out on the basis of a full-time appointment of the researchers under the project (in case of a part-time appointment, the allowances shall be adapted pro-rata to the time actually spent on the project, except the travel allowance mentioned in point b) of this paragraph) and is distributed as follows:

a) A monthly living allowance.

The contractor shall appoint experienced researchers under an employment contract , except in duly justified cases. For early-stage researcher , the contractor can opt between an employment contract or a status equivalent to a fixed-amount stipend or grant according to the following annual rates:

Categories

Researchers appointed under an employment contract / assimilated fellowship with full social security coverage (€/year)

Researchers receiving a fixed-amount stipend (€/year)

Early stage researchers

30 550

15 275

Experienced researchers

47 000

23 500

The reference rate indicated above for researchers 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 the researcher 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 the researcher, but not necessarily paid from the stipend.

b) A contribution to the mobility costs, consisting of:

- A monthly mobility allowance according to the family situation of the researcher at the time of his/her appointment. The researcher is entitled to the mobility allowance if s(he) has undertaken a physical transnational mobility at the start of the researcher human resources and mobility activities or within less than 12 months before his/her appointment under the project .

In order to take into account the cost of living and the national salary structure in the country/ies where the researcher is devoting him/herself to the researcher human resources and mobility activities, the correction coefficients indicated in the Work Programme shall be applied to the above mentioned monthly living and mobility allowances.

Revisions either upwards or downwards to the correction coefficients of the Work Programme shall be applied to the ongoing appointment contract with the researcher as from the first day of the month following the publication of the revised Work Programme .

-In addition, the researcher entitled to the monthly mobility allowance, shall also receive a travel allowance for one journey between his/her location of origin and the contractor’s premises where s(he) is carrying out the researcher human resources and mobility activities 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.

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 and the contractor ’s premises.

Distance (km)

Fixed-amount rate (€)

< 500

250

500 – 1.000

500

>1.000 – 1.500

750

>1.500 – 2.500

1 000

>2.500 – 5.000

1 500

>5.000 – 10.000

2 000

>10.000

2 500

c) A single career exploratory allowance of 2000 € if the researcher devotes his/herself to the researcher human resources and mobility activities for at least one year.

d) A maximum contribution to cover the costs related to the involvement of the researcher under the project is set out in Annex I.

This allowance will be administered by the contractor and used for costs directly related to the involvement of the researchers in the project, excluding costs directly linked to undertaking research at the contractor premises like consumables and equipment costs. These costs may be charged to the contract on a real cost basis.

The prior agreement of the Commission shall be required for any travel to/from the territory of a third country unless a contractor is established in the third country concerned, or if it is provided for in Annex I. The approval of the Commission shall be deemed as given even in the absence of observations within one month of receipt of the request made by the coordinator .

e) 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 contribution to the benefit of the researcher 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 researcher under his/her social security coverage mentioned under Article III.4.1.g) and h) and the amount of the contribution defined in Article III.8.1.a).

Costs related to the other activities carried out under the project may be reimbursed by the Commission as follows:

2. Contribution to the benefit of the contractors

a) Costs related to the involvement of researchers other than those selected and appointed by the contractors to benefit from the researcher human resources and mobility activities under the project in networking, training and transfer of knowledge activities of the project may be charged to the contract on a real cost basis.

The prior agreement of the Commission shall be required for any travel to/from the territory of a third country unless a contractor is established in the third country concerned, or if it is provided for in Annex I. The approval of the Commission shall be deemed as given even in the absence of observations within one month of receipt of the request made by the coordinator .

b) Costs related to the organisation and the implementation of the project including those directly linked to research undertaken by researchers at the contractor premises shall be charged to the contract on a real cost basis.

c) Costs related to the purchase or leasing with option to buy of durable equipment may be charged to the contract pursuant to the Commission ’s prior written agreement. 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.

d) Costs for management activities of the project : the maximum share of the Community contribution which may be charged to the project is 7%.

3. Indirect costs

A flat rate of 10% 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. 9 – Access rights

In addition to the provisions of Article II.32, the contractor shall ensure that the researcher 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 researcher human resources and mobility activities .

III. 10 – Incompatible or restrictive commitments

In addition to the provisions of Article II.33, the contractor required to grant access rights shall inform, as soon as possible, the researcher of any restriction which might substantially affect the granting of access rights , as the case may be.