FRAMEWORK PARTNERSHIP AGREEMENT FOR ACTION GRANTS FRAMEWORK AGREEMENT NUMBER [ ] SUPPORT FOR TRAINING

Transcription

1 Education, Audiovisual And Culture Executive Agency Creative Europe - MEDIA CREATIVE EUROPE MEDIA SUB-PROGRAMME Established by Regulation No 1295/2013 of the European Parliament and of the Council of 11 December 2013 (ref. Official Journal N L 347 of 20 December 2013) and its corrigendum of 27/06/2014 (OJ L 189/260) FRAMEWORK PARTNERSHIP AGREEMENT FOR ACTION GRANTS FRAMEWORK AGREEMENT NUMBER [ ] SUPPORT FOR TRAINING The Education, Audiovisual and Culture Executive Agency (hereinafter referred to as "the Agency"), acting under powers delegated by the European Commission (hereinafter referred to as the Commission ), represented for the purposes of signature of this Framework partnership agreement by Ms Soon-Mi Peten, Head of Sector, on the one part, and full official name [ACRONYM] official legal status or form official registration No official address in full VAT number,, hereinafter referred to as the partner, represented for the purposes of signature of this Framework partnership agreement by [name of legal representative] on the other part, 1

2 HAVE AGREED to the Special Conditions (hereinafter referred to as the Special Conditions ) and the following Annexes: Annex I Annex II Annex III Annex IV Annex V Annex VI Annex VII Action plan General Conditions (hereinafter referred to as the General Conditions ) Model specific grant agreement Model technical report Model financial statement For grants below EUR : Guidance notes Report of Factual Findings on the Final Financial Report Type I see link: For grants equal or above EUR : Guidance notes Report of Factual Findings on the Final Financial Report Type II see link: Model terms of reference for the operational verification report: not applicable which form an integral part of this Framework partnership agreement, hereinafter referred to as "the Framework agreement". The terms set out in the Special Conditions, of which the Preamble forms an integral part, shall take precedence over those set out in the Annexes. The terms of Annex II "General Conditions" shall take precedence over the other Annexes. 2

3 PREAMBLE The Agency is responsible for implementing the Union programme set out in Regulation No 1295/2013 of the European Parliament and of the Council of 11/12/2013 concerning the implementation of a programme of support for the European cultural and creative sector (CREATIVE EUROPE) and its corrigendum of 27/06/2014 (OJ L 189/260). For the purposes of implementing this Union programme, the Agency has selected one or more partners engaged in the area of activity concerned, with which it shares common general objectives and wishes to establish a relationship of lasting cooperation. The general objectives which it shares with [ ] in the above-mentioned area of activity and which justify the establishment of a partnership are the following: Within the field of reinforcing the audiovisual sector's capacity, one of the priorities of the MEDIA Sub-programme shall be to: facilitating the acquisition and improvement of skills and competences of audiovisual professionals and the development of networks including the use of digital technologies to ensure the adaptation to market development, testing new approaches to audience development and testing of new business models. The MEDIA Sub-programme shall provide support for: the development of a comprehensive range of training measures promoting the acquisition and improvement of skills and competences by audiovisual professionals, knowledge sharing and networking initiatives, including the integration of digital technologies. 3

4 SPECIAL CONDITIONS ARTICLE I.1 SUBJECT MATTER OF THE FRAMEWORK AGREEMENT AWARD OF SPECIFIC GRANTS I.1.1 Subject matter of the Framework agreement I The Framework agreement is concluded as part of a long-term cooperation between the Agency and the partner (hereinafter referred to as "the partnership") with the aim to contribute to the objectives of the Union programme in the field of reinforcing the European audiovisual sector's capacity to operate transnationally as referred to in the Preamble. The Framework agreement defines the general rights and obligations of the parties in implementing their partnership. I The partnership shall be implemented in compliance with the Action plan set out in Annex I. I For the purposes of implementing the partnership the Agency may award to the partner specific grants for an action. The Framework agreement shall apply to any specific grant awarded for implementation of the partnership and to the respective specific grant agreements (hereinafter referred to as "Specific agreements") concluded between the parties. Signature of the Framework agreement shall not give rise to any obligation of the Agency to award specific grants. It shall be without prejudice to the partner's participation in other calls for proposals for the purposes of award of grants outside the scope of the Action plan set out in Annex I. I.1.2 Procedure for award of specific grants The Agency may consult its partner in order to obtain a proposal for an action in line with the Action plan set out in Annex I. Such consultation shall be open to all partners who have signed a partnership agreement in response to Call for Proposals EACEA 06/2016. The call for proposals shall define the award criteria to be applied. The partner shall not be obliged to submit a proposal in response to such a consultation. 4

5 I.1.3. Conclusion of Specific agreements Where the Agency decides to award a specific grant, it shall propose to the partner to sign a Specific agreement in accordance with the model set out in Annex III. The Specific agreement shall be signed by the authorized representatives of the parties. By signing the Specific agreement, the partner shall agree to carry out the action acting on its own responsibility in accordance with the terms and conditions laid down in the Framework agreement and the Specific agreement. Specific agreements shall be signed before the date when the Framework agreement expires. Where the actions are carried out after the above-mentioned date, the terms of the Framework agreement shall continue to apply to the implementation of the Specific agreements governed by the Framework agreement. ARTICLE I.2 ENTRY INTO FORCE OF THE FRAMEWORK AGREEMENT AND DURATION OF THE PARTERNSHIP I.2.1 The Framework agreement shall enter into force on the date on which the last party signs. I.2.2 The Framework agreement shall be concluded for a period of two years starting from the date of its entry into force. ARTICLE I.3 - DATA CONTROLLER AND COMMUNICATION DETAILS OF THE PARTIES I.3.1 Data controller The entity acting as a data controller according to Article II.6 shall be the person who is representing the Agency for the purposes of the signature of this Agreement. I.3.2 Communication details of the Agency Any communication addressed to the Agency shall be sent to the following address: Education, Audiovisual and Culture Executive Agency Creative Europe Programme MEDIA Sub-Programme Training BOUR 03/59 Ms Soon-Mi Peten Avenue du Bourget, Brussels BELGIUM address: EACEA-MEDIA-TRAINING@ec.europa.eu 5

6 I.3.3 Communication details of the partner Any communication from the Agency to the partner shall be sent to the following address: Full name Function Name of the entity Full official addresse address: ARTICLE I.4 SETTLEMENT OF DISPUTES WITH A NON EU PARTNER By derogation from Article II.18.2, where the partner is legally established in a country other than a Member State of the European Union (the 'non EU partner'), the Agency and/or the Union and/or the non EU partner may bring before the Courts of Brussels any dispute between the Agency and/or the Union and the non EU partner concerning the interpretation, application or validity of the Framework agreement and any Specific agreement, if such dispute cannot be settled amicably. In such case where one party (i.e. the Agency, the Union or the non EU partner) has brought proceedings before the Courts of Brussels concerning the interpretation, application or validity of the Framework agreement and any Specific agreement, the other party may not bring a claim arising from the interpretation, application or validity of the Framework agreement and the Specific agreement in any other court than the Courts of Brussels already seized. ARTICLE I.5 - OTHER SPECIAL CONDITIONS ARTICLE I.5.1 SPECIAL PROVISIONS ON THE CONVERSION OF COSTS INCURRED IN ANOTHER CURRENCY INTO EURO By way of derogation from Article II.23.4, any conversion into euro of costs incurred in other currencies shall be made by the partner at the monthly accounting rate established by the Commission and published on its website applicable on the month when the financial statement is drafted. ARTICLE I CONDITIONS FOR CALLS FOR PROPOSALS The Agency shall consider as «substantial obligations» within the meaning of Article II (b), inter alia, the compliance by the partner, during the duration of the agreement, with the eligible criteria set out for the partner and the action in the Call for Proposals EACEA 06/

7 ARTICLE I ELIGIBLE COSTS The total of Salaries of personnel assigned to the action management under sub-heading 1.1 and under indirect costs shall not exceed 25% of the total actual costs of the action as approved by the Agency With reference to Article II.19.2(b), the subsistence costs (per diem) shall be considered as eligible costs in so far as they are within the limits set out in the Commission tables (available under the following link): unless in some exceptional and duly justified cases. The amounts specified in the tables include all costs associated with the stay in the country concerned. If there is no overnight stay, these maximum amounts are reduced by 50%. For air travel, only the cost of economy class is accepted. Any costs in excess of this rate will only be accepted in duly justified, exceptional cases. For train travel first class tickets are permitted. For car travel, the eligible amount will be limited to the amount corresponding to the price of a 1 st class train ticket. The conditions set out above apply not only to staff personnel but also to any individual participating in the action. ARTICLE I.5.4 VISIBILITY OF THE EUROPEAN UNION SUPPORT For the purpose of the application of Article II.7.1 the partner shall indicate in any communication or publication about the action, including its website, that the action has received funding from the European Union. Such acknowledgment shall be worded as follows: "with the support of Creative Europe - MEDIA Programme of the European Union" and be accompanied by the Creative Europe - MEDIA logo and the European flag. The partner shall use the logos, trademarks or items created by the Agency for these purposes and include in the publications/catalogue of the action covered by this Agreement the text provided by the Agency. ARTICLE I.5.5 USE OF THE RESULTS OF THE ACTION BY THE AGENCY AND/OR THE UNION Article II.8 relating to the use of the results of the action, including industrial and intellectual property rights, by the Agency and/or the Union, shall be interpreted without prejudice to the industrial and intellectual property rights owned by the partner and within the limits of the activities conferred to the Agency and/or the Union. Article II.8.2 shall not apply. 7

8 SIGNATURES For the partner [name of legal representative] For the Agency Soon-Mi PETEN Head of Sector Done at.., on / / Done at Brussels, on / / In duplicate in English 8

9 9