# CE2004084EN.01019101.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/191 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/191

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(2004/C 84 E/0232)

WRITTEN QUESTION E-0278/04

by Elly Plooij-van Gorsel (ELDR) to the Commission

(5 February 2004)

Subject:   Problems affecting contract negotiations under the Sixth Framework Programme

Subject:

The first round of contract negotiations under the Sixth Framework Programme for Research (FP 6) is now fully under way. The negotiations are proving very difficult and the initial reports from project coordinators are unusually critical. During the negotiations, scientific officers are reportedly using rules different to those announced at the information meetings held when FP 6 was launched. The result is growing uncertainty regarding the purpose of the new instruments, uncertainty which was already considerable at the start. Many groups are now giving serious thought to ignoring FP 6 and concentrating exclusively on national programmes.

| 1. | Is the Commission aware of the problems emerging in connection with the first round of contract negotiations under FP 6? |
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1.

Is the Commission aware of the problems emerging in connection with the first round of contract negotiations under FP 6?

| 2. | Can the Commission state what rules governing the conclusion of contracts are now being employed and why these rules differ from those originally announced? |
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2.

Can the Commission state what rules governing the conclusion of contracts are now being employed and why these rules differ from those originally announced?

| 3. | Are the rules now being employed consistent with those agreed between the Council and Parliament and laid down in FP 6? |
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3.

Are the rules now being employed consistent with those agreed between the Council and Parliament and laid down in FP 6?

| 4. | What steps has the Commission taken, or what steps does it plan to take, to deal with the problems outlined above? |
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4.

What steps has the Commission taken, or what steps does it plan to take, to deal with the problems outlined above?

Answer given by Mr Busquin on behalf of the Commission

(8 March 2004)

(8 March 2004)

| 1. | It is true that in some cases there have been some misunderstandings about the nature and objectives of the new instruments established under the Sixth Framework Programme for Research (FP 6). These have meant that certain expectations on the part of the participants in these projects (correct or incorrect) may not have been met in full when negotiating their projects with the Commission. For example, the Commission has an obligation to ensure that the Community financial contribution is provided in accordance with the provisions and requirements of the Financial Regulation (1) and that the legal and financial interests of the Community are ensured when entering into contracts with third parties.
  However, it should also be said that guidance and information on the new instruments, as well as on the contractual aspects relating to the negotiation of projects have been provided both to potential contractors and to the Commission. Much of this information can be found either on the Cordis web site or on the model contract web site at (http://europa.eu.int/comm/research/fp6/working-groups/model-contract/indexen.html) |
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1.

It is true that in some cases there have been some misunderstandings about the nature and objectives of the new instruments established under the Sixth Framework Programme for Research (FP 6). These have meant that certain expectations on the part of the participants in these projects (correct or incorrect) may not have been met in full when negotiating their projects with the Commission. For example, the Commission has an obligation to ensure that the Community financial contribution is provided in accordance with the provisions and requirements of the Financial Regulation (1) and that the legal and financial interests of the Community are ensured when entering into contracts with third parties.

1

However, it should also be said that guidance and information on the new instruments, as well as on the contractual aspects relating to the negotiation of projects have been provided both to potential contractors and to the Commission. Much of this information can be found either on the Cordis web site or on the model contract web site at (http://europa.eu.int/comm/research/fp6/working-groups/model-contract/indexen.html)

| 2. | The Rules for Participation, the model contract that is based on those Rules and the provisions of the Financial Regulation are all applied when negotiating contracts with successful consortia. These principles should not differ from any ‘originally announced’. |
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2.

The Rules for Participation, the model contract that is based on those Rules and the provisions of the Financial Regulation are all applied when negotiating contracts with successful consortia. These principles should not differ from any ‘originally announced’.

| 3. | Yes. |
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3.

Yes.

| 4. | As mentioned in point 1 much information has been produced by the Commission to help and explain both to potential contractors and within the Commission the legal, financial and contractual aspects applicable to FP6. If there are specific cases of discrepancy between the Rules established and the practices carried out, these should be brought to the attention of those responsible within the Commission. |
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4.

As mentioned in point 1 much information has been produced by the Commission to help and explain both to potential contractors and within the Commission the legal, financial and contractual aspects applicable to FP6. If there are specific cases of discrepancy between the Rules established and the practices carried out, these should be brought to the attention of those responsible within the Commission.

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(1)  Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, OJ L 357, 31.12.2002.

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