EUROPEAN COMMISSION EXECUTIVE AGENCY FOR HEALTH AND CONSUMERS

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1 EUROPEAN COMMISSION EXECUTIVE AGENCY FOR HEALTH AND CONSUMERS Ref. Ares(2013) /09/2013 FINANCIAL CONTRIBUTION TO A EUROPEAN CONSUMER ORGANISATION REPRESENTING THE INTERESTS OF CONSUMERS IN THE DEVELOPMENT OF STANDARDS FOR PRODUCTS AND SERVICES AT EUROPEAN UNION LEVEL. REGULATION (EC) N 1025/2012 CALL FOR PROPOSALS N EAHC/2013/CP/OG-ACTION CALL TEXT Regulation (EU) No 1025/2012 on European standardisation, entering into force on 1 January 2013, provides for the award of grants for a European standardisation organisation whose statutory objectives and activities consist in representing consumer interests in the standardisation process at EU level.

2 TABLE OF CONTENTS 1. BACKGROUND AND PURPOSE OF THIS CALL REGULATION (EC) N 1025/2012 ON EUROPEAN STANDARDISATION The Commission s annual work programme for The present call for proposals OBJECTIVES TIMETABLE BUDGET AVAILABLE ADMISSIBILITY REQUIREMENTS CRITERIA FOR FUNDING Eligibility criteria Eligible applicants Eligible countries Eligible activities Implementation period Exclusion criteria Exclusion from participation Exclusion from award: Selection criteria Financial viability Operational capacity Award criteria LEGAL COMMITMENTS FINANCIAL PROVISIONS General Principles Funding form: mixed financing Payment arrangements Pre-financing guarantee PUBLICITY By the beneficiaries By the Executive Agency / the Commission DATA PROTECTION PROCEDURE AND DEADLINES Submission and deadline LIST OF ANNEXES OF THIS CALL FOR PROPOSALS Call for proposals N EAHC/2013/CP/OG-Action Call text 2/15

3 1. BACKGROUND AND PURPOSE OF THIS CALL 1.1. REGULATION (EU) N 1025/2012 ON EUROPEAN STANDARDISATION The Regulation 1 (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation defines the legal basis for this call for proposals. In particular Article 17 states that activities may be financed by operating grants for a European standardisation organisation and the European stakeholder organisations meeting the criteria set out in Annex III of Regulation No 1025/2012 Based on Article 17 of this Regulation, this call for proposals is for an operating grant to support a European organisation representing consumers in European standardisation activities The Commission s annual work programme for 2013 On 26 March 2013 the Commission adopted the annual work programme amending decision C(2012)5234 of 30/07/2012 in the area of Internal market for goods and sectorial policies 2. The Commission s annual work programme for 2013 sets out details of the financing mechanisms and of the priority areas for actions in the area of in the area of internal market for goods and sectorial policies The present call for proposals The Call for Proposals 2013 aims at providing financial contributions (operating grants) to the operation of a European consumer organisation representing consumer interests in the development of standards for products and services at European Union level through the conclusion of grant agreement. Bodies who wish to apply must fulfil the requirements specified in this Call. They are required to fill in the application form and provide the requested documentation, including the annual work programme and corresponding budget for the year These two documents will form the basis for awarding the operating grant for The area for funding, the exclusion, eligibility, selection and award criteria for funding, the financial provisions and the procedure to apply are described in the call for proposals. Information about how to fill in the application form is given in the Guide for application. All call documents are available for download from the EAHC website: Commission Implementing Decision C(2013)1612 of 26 March 2013 concerning the adoption of the annual work programme on funding for the preparatory actions 'Transnational cultural tourism products', 'Tourism and accessibility for all' and 'Euromed Innovation entrepreneurs for change' and amending the financing decision on the financing of actions under the activity 'Internal market for goods and sectoral policies' of the Directorate-General for Enterprise and Industry for 2013 Financing Decision Call for proposals N EAHC/2013/CP/OG-Action Call text 3/15

4 2. OBJECTIVES The Commission s annual work programme sets out the specific priority areas for action to be implemented through this call for proposals. Action objectives are "The objective of the planned activities is to represent the interests of consumers in eight priority areas in relation to political institutions, European and international standardisation bodies and in the initiatives of the European Parliament, the Commission and other institutions." The awarding authority will only accept proposals which fall under the scope of the above mentioned Decision and the priorities specified in this call for proposals. 3. TIMETABLE The final deadline for the submission of the proposal is the 13 th of November 2013 (date of post stamp). Stages Date/period a) Publication of the call b) Deadline for submitting the application c) Evaluation period (indicative) Information to applicant (indicative): d) Notification letter (results of the evaluation) Official letter (award decision) e) Signature of grant agreement (indicative) f) Starting date of the activities (indicative) 13/11/2013 November (date of post stamp) November December December/January 01/01/2014 Implementation period: The operating grant will cover activities performed during the operational year from January to December BUDGET AVAILABLE The total amount available for this call is up to 95 % of eligible costs, subject to a total of EUR ADMISSIBILITY REQUIREMENTS Applications must be sent no later than the set deadline (date of post stamp). Applications must be submitted in writing, using the application form available on the Executive Agency's website Applications must be drafted in one of the EU official languages. Call for proposals N EAHC/2013/CP/OG-Action Call text 4/15

5 In principle, operating grant proposals may be submitted in any official language of the European Union. However, in order to facilitate assessment by the evaluators, an English translation should accompany any proposal written in another EU official language. Therefore, if the proposal will be presented in another language than English, applicants should submit their applications both in hard copy (i.e. paper) and in electronic format in the chosen EU official language and in English. 6. CRITERIA FOR FUNDING Each application will be assessed on the basis of evaluation criteria, which include the following categories: eligibility, exclusion, selection and award criteria. In order to be selected as beneficiary with whom to conclude a grant agreement, applicants must fulfil the criteria under the conditions specified in this section and provide the requested documents as evidence. All specific requirements and supporting documents needed to evaluate each of the following criteria are defined in the Guide for Applicants. This documentation, and any other information relating to this call, is available on the EAHC website under Eligibility criteria Eligible applicants Important notice: unlike with the call for proposals for projects, the call for operating grants is open for applications by a single entity only. Consequently, the notion of main partner and associated partners is not relevant. Grant applications are eligible if submitted by: legal persons, entities which do not have legal personality under the applicable national law, provided that their representatives have the capacity to undertake legal obligations on behalf of the entity and offer guarantees for the protection of the Union's financial interests equivalent to those offered by legal persons. The application shall state the legal status of the applicant. Applicants must be a European consumer organisation representing consumer interests in the development of standards for products and services at European Union level which meet all the following eligibility criteria as set out on Annex III section 2 of Regulation 1025/2012: a) is non-governmental, non-profit-making, and independent of industry, commercial and business or other conflicting interests; b) has as its statutory objectives and activities to represent consumer interests in the standardisation process at European level; c) has been mandated by national non-profit consumer organisations in at least two thirds of the Member States, to represent the interests of consumers in the standardisation process at European level. Call for proposals N EAHC/2013/CP/OG-Action Call text 5/15

6 Only proposals meeting the requirements of the eligibility criteria and fully covering all the above mentioned areas shall be evaluated further. The contracting authority reserves the right to request from the applicant any additional information that is deemed necessary in order to assess compliance with the above eligibility criterion at any stage of the procedure. For this call for proposals, two thirds of Member States mean 19 Member States (rounded). Applicants must submit the following supporting documents: Statement of independence, Declaration of commitment of national consumer organisation confirming the mandate given, Registration certificate, Articles of association and internal rules of the applicant organisation, Legal entity form Eligible countries Only Applications from entities established in EU Member States are eligible Eligible activities The organisation should propose activities that represent the interests of consumers in the development of standards for products and services at European Union level Implementation period In general, the eligible organizations are co-funded according to one accounting year. Commonly, a grant is provided for a calendar year Exclusion criteria Exclusion from participation Applicants will be excluded from participating in the call for proposals procedure if they are in any of the following situations 3 : (a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; (b) they or persons having powers of representation, decision making or control over them have been convicted of an offence concerning their professional conduct by a judgment of a competent authority of a Member State which has the force of res judicata; (c) they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify including by decisions of the EIB and international organisations; 3 Article 106(1) of Regulation (EU, EURATOM) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 Call for proposals N EAHC/2013/CP/OG-Action Call text 6/15

7 (d) they are not in compliance with their obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the grant agreement is to be performed; (e) they or persons having powers of representation, decision making or control over them have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation, money laundering or any other illegal activity, where such an illegal activity is detrimental to the Union's financial interests; (f) they are currently subject to an administrative penalty referred to in Article 109(1) Exclusion from award: Applicants will not be granted financial assistance if, in the course of the grant award procedure, they: (a) are subject to a conflict of interest; (b) are guilty of misrepresenting the information required by the contracting authority as a condition of participation in the grant award procedure or fail to supply this information; (c) find themselves in one of the situations of exclusion, referred to in the above section. In order to assess the exclusion criteria, the applicants must sign a declaration on honour certifying that they are not in one of the situations referred to in Articles 106(1) and 107 to 109 of the Financial Regulation 4 : Only original declaration of honour will be accepted Selection criteria The selection criteria make it possible to assess the applicant s financial standing (not applicable to public bodies) and operational capability to complete the proposed work programme Financial viability Applicants must have stable and sufficient sources of funding to maintain their activity throughout the period during which the work programme is being carried out and to participate in its co-financing. The applicant must have adequate financial resources in order to carry out the proposed programme. The applicant must provide: 4 Regulation (EU, EURATOM) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 Call for proposals N EAHC/2013/CP/OG-Action Call text 7/15

8 o Non-profit-bodies are required to submit a copy of the annual accounts (profit/loss statement and balance sheet) for the last financial year for which the accounts have been closed preceding the submission of the application and a complete financial viability form. o For grants higher than EUR , an audit report produced by an approved external auditor certifying the accounts for the last financial year available shall be provided Operational capacity Applicants must have the professional resources, competences and qualifications required to complete the proposed activities. Only applicant organisations with the necessary operational resources, skills and professional experience may be awarded a grant. Applicants must submit the following supporting documents: Organisation's most recent annual activity report, Brief curriculum vitae and job description of the key personnel involved in the implementation of the work programme, Curriculum vitae of the coordinator Award criteria In order to evaluate the relative merit of proposals received, a set of award criteria has been defined in the present call for proposals in order to make it possible to select a work programme that can guarantee compliance with the policy objectives and priorities and can guarantee the visibility of the European Union financing. The total number of points that can be attributed to a proposal is 100; proposals have to reach a minimum of 10 points for each criterion. Proposals that, following the evaluation process, do not reach at least 60 points will not be retained for co-funding. Proposals will be ranked on the basis of the award criteria below. Financial contribution shall be awarded to the highest scoring proposal up to available budget. The work programme presented by the applicant must fulfil the award criteria which are defined as follows: a) describe the organisation's activities as regards representing consumer interests and expressing consumers' concerns in the area of standardisation to institutions, interest groups and the media (20 points); b) be consistent with the objectives of European consumer policy as regards representing consumers in standardisation work (20 points);the work programme must be clear, realistic and well detailed, in particular as regards the following aspects (20 points); clarity of the objectives and their suitability for achieving the desired results; description of the activities planned including communication activities; timetables. c) The work programme must be cost-effective and thus demonstrate that the budget is commensurate with the resources to be used (20 points); d) The work programme must state what the evaluation mechanisms will be and what indicators will be used to make it possible to verify that the objectives of Call for proposals N EAHC/2013/CP/OG-Action Call text 8/15

9 the work programme have been achieved (20 points). 7. LEGAL COMMITMENTS Following the evaluation, a list is drawn up of proposals recommended for funding, ranked according to the total number of points awarded. Only the highest ranked proposal will be awarded co-funding. In the event of a grant awarded, a grant agreement, drawn up in euro and detailing the conditions and level of funding, will be sent to the beneficiary, as well as the procedure in view to formalise the obligations of the parties. Please note that the award of a grant does not establish an entitlement for subsequent years. 8. FINANCIAL PROVISIONS The Financial Regulation 5 lays down the rules to be applied with a view of ensuring that the procedures for protecting Union funds are complied with. This Regulation and the associated Rules of Application 6 constitute the reference documents for all the financial measures needed to implement Regulation (EU) No 1025/2012 and this call in particular. The indicative total amount available for the operating grant for 2014 is EUR 1.4 million. Financial contribution shall not exceed 95% of expenditure for carrying out eligible activities General Principles Grants must comply with the following principles: a) Non-cumulative award Applicants may receive only one operation grant per financial year from the budget of the European Union. In no circumstances shall the same costs be financed twice by the Union budget. To ensure this, applicants shall indicate the sources and amounts of Union funding received or applied for the same work programme or part of the work programme or for its functioning during the same financial year as well as any other funding received or applied for the same work programme. b) Non-retroactivity 5 Council Regulation (EC, Euratom) No 966/2012 of 25 October 2012 on the Financial Regulation applicable to the general budget of the Union (OJ L 298, , p. 1). 6 Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union (OJ L 362 of , p.1). 7 Action of Decision C(2013)16112 Call for proposals N EAHC/2013/CP/OG-Action Call text 9/15

10 No grant may be awarded retrospectively for work programmes already completed. Costs eligible for financing may neither have been incurred before the grant application was lodged nor before the start of the beneficiary's budgetary year. c) Co-financing Co-financing means that the resources which are necessary to carry out the work programme may not be entirely provided by the EU grant. Co-financing of the work programme may take the form of: the beneficiary's own resources, income generated by the work programme, financial contributions from third parties. d) Balanced budget The estimated budget of the work programme is to be attached to the application form. It must have revenue and expenditure in balance. The budget must be drawn up in euros. e) Implementation contracts/subcontracting Where the implementation of the work programme requires the award of procurement contracts (including so called "implementation contracts"), the beneficiary must award the contract to the bid offering best value for money or the lowest price (as appropriate), avoiding conflicts of interests and retain the documentation for the event of an audit. For public bodies: Entities acting in their capacity of contracting authorities in the meaning of Directive 2004/18/EC 8 or contracting entities in the meaning of Directive 2004/17/EC 9 shall abide by the applicable national public procurement rules. Sub-contracting, i.e. the externalisation of specific tasks or activities which form part of the work programme as described in the proposal must satisfy the conditions applicable to any implementation contract (as specified above) and in addition to them the following conditions: - it may only cover the implementation of a limited part of the work programme; - it must be justified having regard to the nature of the work programme and what is necessary for its implementation; - it must be clearly stated in the proposal. 8 Directive 2004/18/EC on the coordination of procedures for the award of public work contracts, public supply contracts and public service contracts. 9 Directive 2004/17/EC coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors. Call for proposals N EAHC/2013/CP/OG-Action Call text 10/15

11 8.2. Funding form: mixed financing Mixed financing grants are calculated on the basis of a detailed estimated budget indicating clearly the costs that are eligible for EU funding. The grant amount may neither exceed the eligible costs nor the amount requested. Amounts are indicated in euros. Maximum amount requested The EU grant is limited to the maximum of co-funding rate of 95% of eligible costs. Consequently, part of the total eligible expenses entered in the estimative budget must be financed from sources other than the EU grant (see section 8.1c). Eligible costs Eligible costs are actually incurred by the beneficiary of a grant and meet all the criteria indicated in the grant agreement. o Eligible (direct and indirect) costs are indicated in the grant agreement (also listed in the guide for applicants); o Ineligible costs are indicated in the grant agreement (also listed in the guide for applicants). Please note that contributions in kind are not considered eligible cost. Calculation of the final grant amount The final amount of the grant to be awarded to the beneficiary is established after completion of the work programme, upon approval of the request for payment containing the documents indicated in the grant agreement. The calculation of the final grant amount is indicated in the grant agreement. EU grants may not have the purpose or effect of producing a profit within the framework of the work programme of the beneficiary. Profit shall be defined as a surplus of the receipts over the eligible costs incurred by the beneficiary, when the request is made for payment of the balance. In this respect, where a profit is made, the Executive Agency shall be entitled to recover the percentage of the profit corresponding to the Union contribution to the eligible costs actually incurred by the beneficiary to carry out the work programme. If the work programme is not implemented or is implemented poorly, partially or late, the Executive Agency may reduce the grant initially provided for, in line with the actual implementation of the work programme according to the terms laid down in the grant agreement Payment arrangements The payments generally consist of the following: A pre-financing payment will be transferred to the beneficiary within 30 days of the date when the last of the two parties signs the agreement, provided all requested guarantees have been received and approved. Call for proposals N EAHC/2013/CP/OG-Action Call text 11/15

12 Pre-financing may be paid in several instalments. In that case, further pre-financing payments will be made within 60 days after the receipt by the Executive Agency of the progress report on the work programme s implementation. This further pre-financing payment may not be made until at least 30% of the previous pre-financing payment has been used up. Where the consumption of the previous pre-financing is less than 70%, the amount of the new pre-financing payment shall be reduced by the unused amounts of the previous pre-financing. The Executive Agency will establish the amount of the final payment to be made to the beneficiary on the basis of the calculation of the final grant amount (see section 8.2 above). If the total of earlier payments is higher than the final grant amount, the beneficiary will be required to reimburse the amount paid in excess by the Executive Agency through a recovery order. For more details, please see the grant agreement Pre-financing guarantee In the event that the applicant's financial viability is not satisfactory, a pre-financing guarantee for up to the same amount as the pre-financing may be requested in order to limit the financial risks linked to the pre-financing payment. The financial guarantee, in euro, shall be provided by an approved bank or financial institution established in one of the Member State of the European Union. When the beneficiary is established in a third country, the authorising officer responsible may agree that a bank or financial institution established in that third country may provide the guarantee if he considers that the bank or financial institution offers equivalent security and characteristics as those offered by a bank or financial institution established in a Member State. Amounts blocked in bank accounts shall not be accepted as financial guarantees. The guarantee shall be released as the pre-financing is gradually cleared against interim payments or payments of balances to the beneficiary, in accordance with the conditions laid down in the grant agreement. 9. PUBLICITY 9.1. By the beneficiaries Beneficiaries must clearly acknowledge the European Union s contribution in all publications or in conjunction with activities for which the grant is used in line with Article I.7 and II.7 of the grant agreement. In this respect, beneficiaries are required to give prominence to the name and emblem of the European Union on all their publications, posters, programmes and other products realised under the co-financed activities. To do this they must use the text, the emblem and the disclaimer available at If this requirement is not fully complied with, the beneficiary s grant may be reduced in accordance with the provisions of the grant agreement. Call for proposals N EAHC/2013/CP/OG-Action Call text 12/15

13 9.2. By the Executive Agency / the Commission With the exception of scholarships paid to natural persons and other direct support paid to natural persons in most need, all information relating to grants awarded in the course of a financial year shall be published on an internet site of the European Union institutions no later than the 30 June of the year following the financial year in which the grants were awarded. The following information will be published: - name of the beneficiary - address of the beneficiary when the latter is a legal person, region when the beneficiary is a natural person, as defined on NUTS 2 level if he/she is domiciled within EU or equivalent if domiciled outside EU, - subject of the grant, - amount awarded. Upon a reasoned and duly substantiated request by the beneficiary, the publication shall be waived if such disclosure risks threatening the rights and freedoms of individuals concerned as protected by the Charter of Fundamental Rights of the European Union or harm the commercial interests of the beneficiaries. 10. DATA PROTECTION The reply to any call for proposals involves the recording and processing of personal data (such as name, address and CV). Such data will be processed pursuant to Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. Unless indicated otherwise, the questions and any personal data requested are required to evaluate the application in accordance with the specifications of the call for proposal will be processed solely for that purpose by the Executive Agency / the Commission. Details concerning the processing of personal data are available on the privacy statement at: Personal data may be registered in the Early Warning System (EWS) only or both in the EWS and Central Exclusion Database (CED) by the Accounting Officer of the Commission, should the beneficiary be in one of the situations mentioned in: - the Commission Decision 2008/969 of on the Early Warning System (for more information see the Privacy Statement on: n.cfm), or - the Commission Regulation 2008/1302 of on the Central Exclusion Database (for more information see the Privacy Statement on ) Call for proposals N EAHC/2013/CP/OG-Action Call text 13/15

14 11. PROCEDURE AND DEADLINES In submitting a proposal, applicants accept the procedures and conditions as described in this call and in the documents to which it refers. Applications that do not comply with the requirements set out will be excluded from the selection procedure. Further information on how to prepare and submit a proposal is given in the Guide for application Submission and deadline Applications shall be submitted on the correct form, duly completed, dated, showing a balanced budget (revenue/expenditure), submitted in 3 copies (one original clearly identified as such, plus 2 copy) and signed by the person authorised to enter into legally binding commitments on behalf of the applicant organisation. The application package should include an electronic version of all documents saved on CD-ROM/DVD/USB. The proposal is made up of a main text (MS Word document), a budget (MS Excel table), Annexes and supporting documents. To be considered complete, the application form must comply with these formal requirements and be filled in according to the Guide for application. The application must clearly indicate on the envelope the following call reference: Call for proposals EAHC/2013/CP/OG-Action Applicants shall submit their proposals in one single batch and may choose to submit proposals: a) either by postal mail, preferably by registered mail, clearly postmarked on or before the 13 th November 2013, to the following address: European Commission Executive Agency for Health and Consumers (EAHC) Consumer and Food Safety Unit Bâtiment Jean Monnet Rue Alcide de Gasperi L-2920 LUXEMBOURG In case of delivery by registered mail or by courier, the evidence of the date of dispatch shall be constituted by the postmark/the date of the deposit slip or by the receipt of dispatch issued by the courier service. b) or by hand delivery at the following times: 9H00 to 16H30 Monday to Thursday and 9H00 to 16H00 on Friday on or before the 13 th November 2013, to the following address: European Commission Executive Agency for Health and Consumers (EAHC) Consumer and Food Safety Unit Call for proposals N EAHC/2013/CP/OG-Action Call text 14/15

15 Bâtiment Jean Monnet Rue Alcide de Gasperi L-2920 LUXEMBOURG either by the applicant in person or by an authorised representative, and confirmed by a duly signed and dated acknowledgment of receipt on or before the deadline indicated above; In parallel, the applicant shall send the electronic version of the full application dossier by to the following address: EAHC-CP-CALLS@ec.europa.eu the same deadline applying. The subject of the shall clearly mention the call reference and the shall contain: Proof of dispatching of the paper version The application form plus annexes (MS Word document) The budget forms (MS Excel table) Proposals submitted only by fax, or will not be accepted. In the case of difference(s) between the paper and the electronic versions of the applications, the paper version will be binding. 12. LIST OF ANNEXES OF THIS CALL FOR PROPOSALS Application form plus annexes Guide for application Model grant agreement Al the above mentioned documents are available for download from the EAHC website: Call for proposals N EAHC/2013/CP/OG-Action Call text 15/15

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