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EUROPEAN COMMISSION DIRECTORATE-GENERAL ENVIRONMENT Directorate C - Quality of Life, Water & Air ENV.C.2 – Marine Environment & Water Industry Call for proposals IMPLEMENTATION OF THE SECOND CYCLE OF THE MARINE STRATEGY FRAMEWORK DIRECTIVE: ACHIEVING COHERENT, COORDINATED AND CONSISTENT UPDATES OF THE DETERMINATIONS OF GOOD ENVIRONMENTAL STATUS, INITIAL ASSESSMENTS AND ENVIRONMENTAL TARGETS Reference: DG ENV/MSFD Second Cycle/2016 Deadline for submission of proposals: th 26 September 2016 – 17h00, Brussels local time 1
Contents 1. INTRODUCTION – BACKGROUND ................................................... 4 1.1. Regulation (EU) No 508/2014 on the European Maritime and Fisheries Fund (EMFF) ............................................................ 4 1.2. The Commission's Annual Work Programme for 2015 and 2016 4 1.3. Current status of the MSFD implementation process ..................... 4 1.4. About the call for proposals ............................................................ 5 2. OBJECTIVE(S) – THEME(S) – PRIORITIES ....................................... 6 2.1. General objectives ........................................................................... 6 2.2. Specific objectives ........................................................................... 6 2.3. Specific priorities............................................................................. 7 2.4. Supporting tasks .............................................................................. 8 3. TIMETABLE ........................................................................................... 9 4. BUDGET AVAILABLE ....................................................................... 10 5. ADMISSIBILITY REQUIREMENTS .................................................. 10 6. ELIGIBILITY CRITERIA..................................................................... 10 6.1. Eligible applicants ....................................................................... 10 6.2. Eligible proposals......................................................................... 12 6.3. Eligible activities .......................................................................... 12 7. EXCLUSION CRITERIA ..................................................................... 12 7.1. Exclusion from participation...................................................... 12 7.2. Exclusion from award ................................................................. 14 7.3. Supporting documents ................................................................ 14 8. SELECTION CRITERIA ...................................................................... 14 8.1. Financial capacity ........................................................................ 14 8.2. Operational capacity ................................................................... 15 9. AWARD CRITERIA AND DECISION................................................ 15 9.1. Award criteria .............................................................................. 15 9.2. Award decision............................................................................. 18 10. LEGAL COMMITMENTS ................................................................... 18 11. FINANCIAL PROVISIONS ................................................................. 19 11.1. General Principles ....................................................................... 19 11.2. Funding forms: mixed financing ................................................ 20 11.3. Payment arrangements and reporting ...................................... 23 11.3.1. Payment arrangements ...................................................... 23 2
11.3.2. Reporting requirements ..................................................... 24 11.4. Pre-financing guarantee.............................................................. 25 12. PUBLICITY ........................................................................................... 25 12.1. By the beneficiaries ..................................................................... 25 12.2. By the Commission ...................................................................... 25 13. PROCESSING OF PERSONAL DATA ............................................... 26 14. PROCEDURE FOR THE SUBMISSION OF PROPOSALS ............... 26 15. HOW TO COMPLETE THE FINANCIAL GRANT APPLICATION FORM (ANNEX C).................................................... 28 16. ANNEXES ............................................................................................. 34 3
CALL FOR PROPOSALS – DG ENV/MSFD Second Cycle/2016 IMPLEMENTATION OF THE SECOND CYCLE OF THE MARINE STRATEGY FRAMEWORK DIRECTIVE: ACHIEVING COHERENT, COORDINATED AND CONSISTENT UPDATES OF THE DETERMINATIONS OF GOOD ENVIRONMENTAL STATUS, INITIAL ASSESSMENTS AND ENVIRONMENTAL TARGETS 1. INTRODUCTION – BACKGROUND 1.1. Regulation (EU) No 508/2014 on the European Maritime and Fisheries Fund (EMFF) Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council defines the legal basis for this call for proposals. In particular, Article 83 states that the European Maritime and Fisheries Fund (EMFF) may support operations such as projects in accordance with the objectives set out in Article 82, one of which is "to promote the protection of the marine environment, in particular its biodiversity and marine protected areas such as Natura 2000 sites, and the sustainable use of marine and coastal resources and to further define the boundaries of the sustainability of human activities that have an impact on the marine environment", in particular in the framework of the Marine Strategy Framework Directive (MSFD). 1.2. The Commission's Annual Work Programme for 2015 and 2016 On 18th of December 2014 the Commission adopted the work programme for 2015 C(2014)9794 and on 11th of December 2015 the work programme for 2016 C(2015)8729 and the financing for the implementation of the EMFF. These work programmes for 2015 and 2016 sets out details of the financing mechanisms and of the priority areas for actions fostering the development and implementation of the Union's Integrated Maritime Policy under the EMFF. 1.3. Current status of the MSFD implementation process The Marine Strategy Framework Directive (MSFD, 2008/56/EC1) aims to achieve Good Environmental Status (GES) of the EU's marine waters by 2020 and to protect the resource base upon which marine-related economic and social activities depend. In order to achieve GES by 2020, each Member State is required to develop a strategy for its marine waters (a "Marine Strategy") which must be kept up-to-date and reviewed every 6 years. In 2012, Member States reported under the MSFD for the first time on their initial assessment (including on the current environmental status, on the predominant pressures and impacts and on the uses of their marine waters), on what they consider as being "good environmental status" (GES) and on the environmental targets they set themselves in order to reach GES by 2020 (Articles 8, 9 and 10 of the MSFD). 1 OJ L 164, 25/06/2008, p. 19–40 4
Based on these Member State reports, the Commission had to "assess whether, in the case of each Member State, the elements notified constitute an appropriate framework to meet the requirements of this Directive…" (MSFD Article 12). In February 2014, the Commission published a report2 on this assessment, which identified a number of shortcomings in the implementation of the Directive and made suggestions on how to prepare for the updates of the initial assessment, determination of GES and environmental targets which are due in 2018, to be carried out in accordance with MSFD Article 17. The report highlighted the need for greater coherence with related EU legislation, in particular the Habitats and Birds Directives (92/43/EEC3 and 2009/147/EC4) and the Water Framework Directive (2000/60/EC5), and for more coherent and coordinated approaches within and between marine regions and sub- regions. Given the shortcomings of the 2012 reporting, the Commission's 2014 report also concluded that the Commission Decision 2010/477/EU on criteria and methodological standards on good environmental status of marine waters6 ("GES Decision") needed to be revised, strengthened and improved to ensure that the next phase of MSFD implementation yields greater benefits. A scientific and technical review of the GES Decision was initiated which led to the Commission presenting in January 2016 a first draft proposal for a revised GES Decision. The proposal is expected to facilitate the 2018 updates of the initial assessment and determination of GES by clarifying the criteria and methodological standards to be used by Member States in order to ensure consistency and to allow for comparison between marine regions or subregions of the extent to which good environmental status is being achieved. It could also help Member States in assessing progress in the implementation of the programme of measures (MSFD Article 18) that were taken in order to achieve or maintain GES (according to MSFD Article 13). In addition, following the implementation of the MSFD monitoring programmes in 2014, Member States should use their monitoring data to establish a "distance to the target" of good environment status. In particular for some descriptors, e.g. biodiversity, non- indigenous species, marine litter, seafloor integrity and underwater noise, further efforts at regional level are needed to ensure an adequate and coherent implementation and to contribute to an assessment at regional or subregional level. The action under this call can address the methodological aspects but should also include monitoring data gathering, and sharing efforts, given that there are still considerable gaps in monitoring networks. 1.4. About the call for proposals Organisations 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. The area for funding, the exclusion, eligibility, selection and award criteria for funding, the financial provisions and the procedure to apply are described in this call for proposals. 2 COM/2014/097 final. Report from the Commission to the Council and the European Parliament. The first phase of implementation of the Marine Strategy Framework Directive (2008/56/EC) The European Commission's assessment and guidance. 3 OJ L 206, 22.7.1992, p. 7–50 4 OJ L 20, 26.1.2010, p. 7–25 5 OJ L 327, 22.12.2000, p. 1–73 6 OJ L 232, 2.9.2010, p. 14 5
All call documents are available for download from the DG Environment website: http://ec.europa.eu/environment/funding/grants_en.htm. 2. OBJECTIVE(S) – THEME(S) – PRIORITIES 2.1. General objectives The purpose of this call for proposals is to support the next phase of MSFD implementation, in particular to achieve regionally coherent, coordinated and consistent updates of the determinations of GES, initial assessments and sets of environmental targets by July 2018, in accordance with Article 17(2a and 2b), Article 5(2) and Article 3(5) of the Marine Strategy Framework Directive (2008/56/EC). The proposals should have practical outcomes which clearly contribute to the implementation of the MSFD and in particular to the 2018 reporting requirements and those related to the interim progress in the implementation of programme of measures to be established by 2019 (Article 18). The successful implementation of the proposals should directly contribute to regional or subregional cooperation needs of Member States' competent authorities in their implementation of the Directive. The proposals can contribute directly to the efforts of the regional organisations, such as the Regional Sea Conventions (RSCs), as long as these are directly linked to the 2018 MSFD implementation requirements. The proposals have to have a link with the preparation of the 2018 MSFD reports, particularly where there are synergies and efficiency gains from such regional approaches. The proposals should support those (sub)regions where, to date, Member States have already jointly identified certain shortcomings and are committed to address them together in a coherent manner; in particular, (sub)regions where no formal, coordination on (sub)regional MSFD implementation process is operational will be treated as a priority. 2.2. Specific objectives Overall, the starting point should be to identify and address strategic priorities at regional or subregional7 level for targeted actions related to the financial planning and delivery of the second cycle of MSFD implementation for particular regions or subregions, particularly for the reports due in 2018. The proposals should address one or more of the following: a. review, and where necessary, update the determinations of GES (MSFD Art. 9), following the recommendations of the Commission's assessment8 and using the outcomes of the scientific and technical review of the GES Decision including a revised GES Decision if adopted, leading to determinations of GES which are consistent at the level of marine region or subregion as required under MSFD Art. 3(5). This could include the establishment of regional or subregional threshold values for GES criteria, adapted as necessary to the different characteristics within each region or subregion; b. update the 2012 assessment (MSFD Art. 8), in accordance with Annex III of MSFD and with the criteria and methodological standards in the GES Decision (using any 7 This refers to the MSFD regions and subregions as specified in MSFD Article 4. 8 COM/2014/097 final. Report from the Commission to the Council and the European Parliament. The first phase of implementation of the Marine Strategy Framework Directive (2008/56/EC): The European Commission's assessment and guidance. 6
revisions to these and the latest available EU guidance on assessments and reporting). This could focus on delivery of one or more parts of the assessment (i.e. Art. 8 (1a), (1b) and/or (1c)). For Art. 8(1a) and (1b), the assessments should deliver clear outcomes on the current status (state, pressures and impacts), on trends in status (improving, stable, deteriorating) and, where possible, provide an estimate of the distance from GES for the relevant descriptors and criteria. Where relevant, this could include development of methodological aspects of assessments including gathering and processing of available data. In addition, develop ways of communicating assessment results in accessible manner to general public and policymakers; c. update the environmental targets and associated indicators (MSFD Art. 10), addressing these where appropriate at regional or subregional level, or developing common approaches to the establishment of national targets; d. develop tools and mechanisms to describe and assess progress in the implementation of the programme of measures, in order to deliver the report requested under MSFD Art. 18; e. improve the management of and access to data used in the assessments and from monitoring programmes, in accordance with MSFD Art. 19(3) and the INSPIRE Directive (Directive 2007/2/EC establishing an Infrastructure for Spatial Information in the European Community) and, where possible, make it available via the European Marine Observation and Data Network (EMODnet)9. f. establish nested sets of geographical assessment areas for a region or subregion, to provide a basis for the Art. 8 assessments, taking account of the latest EU guidance on their establishment and use, including considerations of ecological relevance for the assessments and policy and management needs for MSFD implementation; g. further improve monitoring programmes (MSFD Art. 11), particularly regarding as appropriate the coordination of monitoring in a region or subregion, the development of joint monitoring programmes, and/or improvements in their design, which lead to more efficient and effective monitoring particularly for assessment of the distribution and extent of pressures and their impacts. This could focus on particular descriptors and could include linking to monitoring programmes for other EU policies (e.g. Water Framework Directive, Birds and Habitats Directive, CFP). It could also include making more effective use of monitoring undertaken by the private sector (e.g. operational monitoring required in industry licences). 2.3. Specific priorities On the basis of the general and specific objectives, the following specific priorities for the call for proposals are identified for each region or subregion: Region or subregion Priority objectives (refers to lettered sections of section 2.2) Baltic Sea a, c, d, g 9 MSFD-relevant data which is reported into WISE-Marine should, where possible, also be freely accessible through the EMODnet portals and sea-basin checkpoints, together with information on their ownership and quality. These data may be made directly available to EMODnet via national or regional data centres or via WISE-Marine. 7
Region or subregion Priority objectives (refers to lettered sections of section 2.2) North East Atlantic Ocean (all subregions) a, c, d, g Greater North Sea, Celtic Seas, Bay of b (to fill gaps in OSPAR Intermediate Biscay and Iberian Coast Assessment 2017), d, e Macaronesia b, d, e, f, g Mediterranean Sea (all subregions) a, b, c, d, e, f, g Black Sea a, c, d, e, g 2.4. Supporting tasks When implementing the project, a number of tasks should typically be considered and/or included, in order to achieve the objectives of this call. The expected supporting tasks are, in particular (non-exhaustive list): a) set up working arrangements which will ensure that the respective national and regional cooperation processes will be able to contribute to and benefit from the envisaged work; successful implementation of projects funded under this call shall include establishing effective links to the relevant RSCs (to ensure coordination across the regions or subregions) and to Member State-relevant national administrations (to ensure the outcomes are MSFD oriented); b) ensure, where possible, that any actions proposed make best use of existing approaches and solutions already found and agreed in other (sub)regions; c) develop and demonstrate best practices of regional or subregional cooperation; d) systematically use standards stemming from EU legislation, as set out in the proposed GES Decision, such as the Common Fisheries Policies (CFP)10, the Water Framework Directive, the Habitats and Birds Directives, as minimum requirements. If such standards do not exist, the projects should use the ones developed at regional or subregional level, for instance in the framework of the Regional Sea Conventions (RSCs), or other regional mechanisms; e) establish effective and efficient data and information management mechanisms, including a regular update of data and information products on line; f) establish regular contacts with the Commission including a kick-off and a final meeting in Brussels and regular reporting of activities in order to allow for appropriate discussion and feedback on the project execution; g) organise workshops, meetings etc., inviting other relevant projects in the same region or with the same objectives as appropriate, including joint (if possible) kick-off meetings to foster (sub)regional cooperation, ensure synergies and efficiency gains, exchange of ideas and knowledge; 10 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC. 8
h) present the progress of work at and gather input from the relevant meetings at (sub)regional level (e.g. relevant groups established under the auspices of RSCs) and EU level (e.g. Working Groups and Technical Groups established in the context of the MSFD Common Implementation Strategy); i) work in close collaboration and coordinate dissemination with other relevant projects in the same region or with the same objectives (i.e. through joint workshop to present final results of the projects). Any proposal for the action should fully take into account the relevant past or ongoing work of the RSCs, the work carried out in ICES11, the results to date of other ongoing projects, such as for example the research projects financed under FP7 (i.e. "Policy- oriented marine Environmental Research in the Southern European Seas" - PERSEUS12 and the MISIS project13 "MSFD Guiding Improvements in the Black Sea Integrated Monitoring System") or the four projects to develop integrated, regional monitoring programmes, coordinated programmes of measures and addressing data and knowledge gaps in coastal and marine waters (Mistic Seas, BalticBOOST14, EcApRHA15 and ActionMed16). Furthermore, the support projects (Technical and administrative support for the joint implementation of the Marine Strategy Framework Directive) in the Mediterranean Sea and Black Sea regions are of particular importance and can be used and referred to when presenting a proposal. 3. TIMETABLE The final deadline for the submission of proposals is the 26th September 2016 (date of post stamp). Stages Date and time or indicative period a) Publication of the call 29th April 2016 b) Deadline for submitting applications 26th September 2016 – 17h c) Evaluation period October – November 2016 d) Information to applicants November 2016 e) Signature of grant agreement November – December 2016 f) Starting date of the action January - February 2017 (after signature of the grant agreement) Implementation period The envisaged implementation period of activities may indicatively be more than 8 calendar months but not more than 24 calendar months. The optimal starting date would be the 1st of January 2017. 11 http://www.ices.dk/explore-us/Action%20Areas/Pages/Marine-Strategy-Framework-Directive- (MSFD).aspx 12 http://www.perseus-net.eu/site/content.php 13 http://www.misisproject.eu/ 14 http://www.helcom.fi/helcom-at-work/projects/balticboost 15 http://www.ospar.org/work-areas/bdc/ecaprha 16 http://actionmed.eu/ 9
The period of eligibility of costs will start as specified in the grant. If a beneficiary can demonstrate the need to start the action before the agreement is signed, expenditure may be authorised before the grant is awarded. Under no circumstances can the eligibility period start before the date of submission of the grant application (see section 11.1b). 4. BUDGET AVAILABLE The total budget earmarked for the co-financing of projects is estimated at € 5.819.322. The maximum EU funding rate under this Call for Proposals is 80% of eligible costs per proposal based on the project budget. The balance must be financed from the applicant's or partners' own resources, or from sources other than the European Union budget. The Commission expects to fund approximately between 4 and 10 proposals. The indicative grant per project will be typically between € 200 000 and € 1 000 000 depending on the geographical coverage of the proposal, the number of MS involved and the relation with the priorities as defined in section 2.3 (specific priorities per region or sub-regions). The Commission reserves the right not to distribute all the funds available. 5. ADMISSIBILITY REQUIREMENTS The following formal requirements must be complied with in order for the proposal to proceed to the evaluation stage: Applications must be sent no later than the deadline for submitting applications referred to in section 3 (date of post stamp). Applications must be submitted in writing (see section 14), using the application form available at http://ec.europa.eu/environment/funding/grants_en.htm. Applications must be drafted in one of the EU official languages. However, in order to facilitate assessment by the evaluators, applicants are encouraged to provide a summary of their proposal in English, for any proposal written in another EU official language. Failure to comply with those requirements will lead to the rejection of the application. 6. ELIGIBILITY CRITERIA Eligibility criteria are used to determine whether an applicant is allowed to participate in the call for proposals and to submit a proposal for an action. They apply to both applicants and co-applicants, including affiliated entities17 where applicable, and to the activities for which a grant is applied for. 6.1. Eligible applicants The following types of entities are allowed to participate to the call, in accordance with the relevant basic act and the objectives to be achieved: - Applicants and their partners (potential co-beneficiaries of the grant) must be public or private bodies. (type of entities: public authorities, universities, research centres, profit or non-profit private organisations…) 17 Art. 122 FR 10
- Applicants and their partners (potential co-beneficiaries of the grant) must be registered in an EU Member State or be an international organisation including Regional Sea Conventions. - Partners from non-EU Countries being a contracting party to one of the four Regional Sea Conventions18 can be associated to the action on a no-cost basis or at a maximum of 5-10% of the total cost for the action (at a maximum of 5% for each partner and maximum total of 10% for all partners), if this is valuable for the contents of the action. - Legal entities having a legal or capital link with applicants (coordinator or partner), which is neither limited to the action nor established for the sole purpose of its implementation, may take part in the action as affiliated entities, and may declare eligible costs as specified in section 11.2. For that purpose, applicants shall identify such affiliated entities in the application form. These affiliated entities have to fulfil the eligibility and exclusion criteria and therefore provide the appropriate documents. In order to assess the applicants' eligibility, the following supporting documents are requested: - private entity: a duly completed identification form (signed and dated) + a copy of an official document (Company Register, Official Gazette, etc.) showing the name of the Legal Entity, the address of the head office and registration number provided by the National Authority; and a copy of a document confirming the applicant's tax or VAT number (extract of trade or association register, certificate of liability to VAT); - public entity: a duly completed identification form (signed and dated) + any official document attesting the establishment of the entity by National authorities, e.g. a copy of the resolution, law, decree or decision establishing the entity; and if a VAT or registration number is applicable, an additional document confirming this reference number must also be provided. - affiliated entities: should provide a completed identification form (signed and dated) and a proof of their legal or capital link19 with the applicant (coordinator of partner). In order to prove the required link, applicants should provide a copy of the consolidated accounts of the group of entities to whom the applicant and its proposed affiliated entities belong; or provide copy of the statutes or equivalent act establishing the entity, indicating the mentioning of the affiliation. - consortium: in the event of an application grouping several applicants, the above supporting documents shall apply to each applicant. The consortium members 18 The four European Regional Sea Conventions are: - The Convention for the Protection of the Marine Environment in the North-East Atlantic of 1992 (further to earlier versions of 1972 and 1974) – the OSPAR Convention (OSPAR) - The Convention on the Protection of the Marine Environment in the Baltic Sea Area of 1992 (further to the earlier version of 1974) – the Helsinki Convention (HELCOM) - The Convention for the Protection of Marine Environment and the Coastal Region of the Mediterranean of 1995 (further to the earlier version of 1976) – the Barcelona Convention (UNEP-MAP) - The Convention for the Protection of the Black Sea of 1992 – the Bucharest Convention. 19 The legal and capital link defining the affiliation encompasses mainly two notions: (i) Control, as defined in Directive 2013/34/EU on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings. (ii) Membership, i.e. the beneficiary is legally defined as a e.g. network, federation, association in which the proposed affiliated entities also participate or the beneficiary participates in the same entity (e.g. network, federation, association) as the proposed affiliated entities. 11
will have to sign a mandate between the main applicant (coordinator) and each consortium member (partner) that will participate in the project. 6.2. Eligible proposals The following conditions will be applied to proposals: a) Proposals should cover as a minimum one marine subregion (as established according to article 4.2 of MSFD); b) Proposals must be submitted jointly and implemented by partners who are public authorities or private bodies of at least two Member States within the relevant region/subregion; c) Joint proposals from different regions and subregions are acceptable; d) Grants will be awarded to ensure a reasonable geographic balance across the regions and subregions. 6.3. Eligible activities The activities eligible under this call will be applicable to the marine waters of Member States as defined in Art. 3.1 of the MSFD, but may also encompass marine waters of non-EU countries within the marine regions defined in Art. 4, provided that such efforts are at no additional or minimal cost to the projects (see eligibility rules). Types of activities carried out by the beneficiary which are eligible under this call for proposals include: - design, implementation, co-ordination and management of the project; - awareness-raising, training and dissemination activities; - monitoring data gathering and campaigns; - organisation of workshops, meetings, conferences, seminars that contribute to the project objectives; - cost of travel for meetings (including kick-off and final project meetings); - actions aiming at the creation and improving of networks, exchanges of good practices; - studies, analyses, action plans and mapping activities directly related to the project; - establishment of data and information management, including regular update of data and information products online. 7. EXCLUSION CRITERIA 7.1. Exclusion from participation The contracting authority shall exclude an applicant from participating in the call for proposals procedures where: (a) the applicant is bankrupt, subject to insolvency or winding-up procedures, where its assets are being administered by a liquidator or by a court, where it is in an arrangement with creditors, where its business activities are suspended, or where it is in any analogous situation arising from a similar procedure provided for under national laws or regulations; 12
(b) it has been established by a final judgment or a final administrative decision that the applicant is in breach of its obligations relating to the payment of taxes or social security contributions in accordance with the law of the country in which it is established, with those of the country in which the contracting authority is located or those of the country of the performance of the contract; (c) it has been established by a final judgment or a final administrative decision that the applicant is guilty of grave professional misconduct by having violated applicable laws or regulations or ethical standards of the profession to which the applicant belongs, or by having engaged in any wrongful conduct which has an impact on its professional credibility where such conduct denotes wrongful intent or gross negligence, including, in particular, any of the following: - fraudulently or negligently misrepresenting information required for the verification of the absence of grounds for exclusion or the fulfilment of selection criteria or in the performance of a contract; - entering into agreement with other applicants with the aim of distorting competition; - violating intellectual property rights; - attempting to influence the decision-making process of the contracting authority during the call for proposals procedure; - attempting to obtain confidential information that may confer upon it undue advantages in the call for proposals procedure; (d) it has been established by a final judgment that the applicant is guilty of any of the following: - fraud, within the meaning of Article 1 of the Convention on the protection of the European Communities' financial interests, drawn up by the Council Act of 26 July 1995; - corruption, as defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, drawn up by the Council Act of 26 May 1997, and in Article 2(1) of Council Framework Decision 2003/568/JHA, as well as corruption as defined in the law of the country where the contracting authority is located, the country in which the applicant is established or the country of the performance of the contract; - participation in a criminal organisation, as defined in Article 2 of Council Framework Decision 2008/841/JHA; - money laundering or terrorist financing, as defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council; - terrorist-related offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA, respectively, or inciting, aiding, abetting or attempting to commit such offences, as referred to in Article 4 of that Decision; - child labour or other forms of trafficking in human beings as defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council; (e) the applicant has shown significant deficiencies in complying with main obligations in the performance of a contract financed by the budget, which has led to its early termination or to the application of liquidated damages or other contractual penalties, or 13
which has been discovered following checks, audits or investigations by an authorising officer, OLAF or the Court of Auditors; (f) it has been established by a final judgment or final administrative decision that the applicant has committed an irregularity within the meaning of Article 1(2) of Council Regulation (EC, Euratom) No 2988/95. 7.2. Exclusion from award The contracting authority shall not award a grant for a given calls for proposal procedure to an applicant who: (a) is in an exclusion situation established in accordance with section 7.120; (b) has misrepresented the information required as a condition for participating in the procedure or has failed to supply that information; (c) was previously involved in the preparation of calls for proposal documents where this entails a distortion of competition that cannot be remedied otherwise. The same exclusion criteria apply to affiliated entities. Administrative and financial penalties may be imposed on applicants, or affiliated entities where applicable, who are guilty of misrepresentation. 7.3. Supporting documents Applicants must sign a declaration on their honour certifying that they are not in one of the situations referred to in articles 106(1) and 107 to 109, filling in the relevant form attached to the application form accompanying the call for proposals and available at http://ec.europa.eu/environment/funding/grants_en.htm. 8. SELECTION CRITERIA Applicants must have the financial and operational capacity required to implement and complete the proposed action. 8.1. Financial capacity Applicants must have stable and sufficient sources of funding to maintain their activity throughout the period during which the action is being carried out or the year for which the grant is awarded and to participate in its funding. The applicants' financial capacity will be assessed on the basis of the following supporting documents to be submitted with the application: a) For Grants ≥ EUR 60 000: The profit and loss account, as well as the balance sheet for the two last financial years for which the accounts were closed; The table (Form F9) provided for in the financial application form (Annex C), filled in with the relevant statutory accounting figures, in order to calculate the ratios as detailed in the form. For newly created entities, a business plan might replace the above documents. 20 Art 106 FR 14
b) For Grants ≥ EUR 750 000, in addition: An audit report produced by an approved external auditor certifying the accounts for the last financial year available. The assessment of the financial capacity does not apply to public bodies or international organisations, which are not required to provide the above mentioned supporting documents. In the event of an application grouping several applicants (consortium), the above supporting documents shall apply to each applicant. On the basis of the documents submitted, if the Responsible Authorising Officer (RAO) considers that financial capacity is not satisfactory, she/he may: request further information; propose a grant agreement without pre-financing; propose a grant agreement with a pre-financing paid in instalments; propose a grant agreement with a pre-financing covered by a bank guarantee (see section 11.4 below); where applicable, require the joint and several financial liability of all the co- beneficiaries; reject the application. 8.2. Operational capacity Applicants must have the professional competencies as well as appropriate qualifications and requirements necessary to complete the proposed project. In this respect, applicants must include the following supporting documents: curriculum vitae or description of the profile of the people primarily responsible for managing and implementing the operation; the organisations’ most recent annual activity report; an exhaustive list of previous projects and activities performed and connected to the policy field of a given call or to the actions to be carried out. A standard model for the curriculum vitae (CV) can be easily downloaded from the following webpage: http://europass.cedefop.europa.eu/en/documents/curriculum-vitae. If, during the lifetime of the project, the proposed team should be adapted, the CVs of new team members shall be submitted to the Commission before they start working for the project. 9. AWARD CRITERIA AND DECISION 9.1. 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 an action that can guarantee compliance with the policy objectives and can guarantee the visibility of the European Union financing. 15
The total number of points that can be attributed to a proposal is 100. Proposals have to reach the minimum quality threshold (50 % of the maximum possible mark) for each criterion, as indicated below. Moreover, proposals that, following the evaluation process, do not reach a global score of at least 65 points will not be retained for co-funding. Applications should elaborate on all points addressed by this call for proposals in order to score as many points as possible. Eligible applications/projects will be assessed on the basis of the following award criteria: Technical coherence (maximum score 30 points, minimum score 15 points): proposal should be clear, detailed, coherent, realistic and feasible in terms of actions and timetable; Financial coherence and quality of the proposed budget (maximum score 20 points, minimum score 10 points): consistency with the technical proposal and and cost-efficiency; Contribution to the general objectives of the action (maximum score 20 points, minimum score 10 points): scope of the project, involvement of different stakeholders, including the Regional Sea Conventions, expected results, methodology and proposed assessment mechanisms; EU added value in terms of stimulation of best-practice (maximum score 20 points, minimum score 10 points): innovation, demonstration, potential for transferability to other subregions and sustainability/continuation after the end of the preparatory action; Geographical scope and potential outreach to Third Countries in particular those being contracting parties to one of the four Regional Sea Conventions (maximum score 10 points, minimum score 5 points). Proposals submitted jointly covering all EU Member States in a region (for Black Sea and the Baltic) or subregion (for the Mediterranean and the NE Atlantic) will be positively considered during the assessment. Financial contribution shall be awarded to the highest scoring proposals up to available budget. Only the highest ranked proposal per (sub)region will be awarded co-funding. The award criteria and certain indicative aspects which will be considered for the evaluation of each criterion are provided in the table below. Award Criteria Indicative aspects Technical coherence and Proposal should be clear, detailed, coherent, realistic understanding (max points: and feasible in terms of actions and timetable 30) Identification and understanding of the issues involved and the specific needs the proposal is intended to cover (relevance of the proposal to the objectives of the call) Sufficient organisation and management structure to achieve the required quality and meet deadlines Qualification of the team members in the subject matter of the present call for proposals and of the proposed project, as demonstrated by relevant academic qualifications and sufficient (for senior 16
members this would mean several years) relevant professional experience Financial coherence and Consistency with the technical proposal, feasibility of quality of budget (max points: proposed project in terms of availability of resources 20) and coherence with timetables Quality of the budget, consistency of the expenditures with the foreseen activities Cost – efficiency (level of fees and number of working days will be taken into account) Contribution to general Scope of the project, description of work that need to objectives (max points: 20) be accomplished to deliver the results Involvement of relevant stakeholders, i.e. key national and regional organisations, such as Regional Sea Conventions and national policy leads for MSFD. Expected results: identification of distinct, relevant and realistic deliverables Effectiveness and rationality of the proposed methodology and organisation (including timetable and monitoring of progress) Proposed assessment mechanisms (quality control and risk management) Strategy for increasing synergies and avoiding overlaps with major relevant international projects and activities EU added value (max points: Potential impact in terms of stimulation of best- 20) practice, innovation and demonstration Potential for transferability to other subregions and sustainability of expected results Geographical scope (max Geographic coverage (ideally proposals submitted points: 10) jointly covering all EU Member States in a region for Black Sea and the Baltic or subregion for the Mediterranean and the NE Atlantic) Potential outreach to Third countries, in particular those being contracting parties of one of the four Regional Sea Conventions 17
9.2. Award decision The Commission will select, within the limits of the available budget, those applications which get the highest ranking based on the total score. This decision shall include, for selected organisation, the maximum financial amount of the grant. Applications which pass the minimum sufficiency level but do not achieve enough points to be selected will constitute a reserve list for consideration in case additional funds become available for the project or in case applicants withdraw their (selected) proposals. The selection of an application by the Commission does not constitute an undertaking to award a financial contribution equal to the amount requested by the beneficiary. The Commission reserves the right to reduce the grant requested if the proposal includes elements considered too expensive or not eligible. In addition, since there is a limited overall budget for the funding programme, the Commission reserves the right to propose a level of support lower than that requested. Furthermore, under no circumstances can the amount awarded be more than the amount requested. The Commission may invite applicants to provide a revised budget to ensure compliance with the rules on eligible costs or where the granted amount is different from the amount requested in the application. IN CASE YOUR ORGANISATION IS NOT SELECTED: The Commission will officially inform each unsuccessful applicant. A letter will be sent after the award decision. Applicants believing that they have been harmed by an error or irregularity during the award process may petition to the European Commission directly. The European Commission must reply within 90 days of receipt of the complaint. The applicant may have recourse to procedures established under EU legislation. European citizens or residents, including legal entities with a registered office in the European Union, may also lodge a complaint to the European Ombudsman for alleged maladministration within two years of the date when the applicant became aware of the facts on which the complaint is based at the following address: http://www.ombudsman.europa.eu. Any request the applicant may make and any reply from the Commission or any complaint for maladministration will have neither the purpose nor the effect of suspending the deadline for lodging an action for annulment of the present decision, which must be done within two months of the notification letter. The court responsible for hearing annulment procedures is the General Court of the European Union. 10. LEGAL COMMITMENTS In the event of a grant awarded by the Commission, 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. The grant agreement is composed of special and general conditions. Applicants are required to carefully read the model grant agreement annexed to this call for proposals. In the case of international organisations21, the special conditions contain 21 Where the Coordinator is an organisation whose pillars have been positively assessed, it will sign a PA Grant Agreement based on the PAGoDA template. 18
also a special clause related to them (See Annex G). Submission of a grant application implies acceptance of the general conditions. The 2 copies of the original agreement must be signed first by the beneficiary and returned to the Commission immediately. The Commission will sign it last. 11. FINANCIAL PROVISIONS 11.1. General Principles a) Non-cumulative award An action may only receive one grant from the EU budget. 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 action or part of the action or for its functioning during the same financial year as well as any other funding received or applied for the same action (see Section IV "Additional funding" from the Grant Application Form). Applicants participating in several proposals for this specific call should provide a consolidated activity plan for each project and justify the difference between the planned actions and the items declared under each cost category of the different budgets. b) Non-retroactivity No grant may be awarded retrospectively for actions already completed. A grant may be awarded for an action which has already begun only where the applicant can demonstrate the need to start the action before the grant agreement is signed. In such cases, costs eligible for financing may not have been incurred prior to the date of submission of the grant application. c) Co-financing Co-financing means that the resources which are necessary to carry out the action may not be entirely provided by the EU grant. Co-financing of the action may take the form of: the beneficiary's own resources, income generated by the action, financial contributions from third parties. In-kind contributions from third parties, i.e. non-financial resources made available free of charge by third parties to the beneficiary or to the consortium might be included in the estimated budget but the corresponding costs are not eligible and cannot be used to cover the required co-financing. Their unit value is evaluated in the provisional budget and shall not be subject to subsequent changes. d) Balanced budget The estimated budget of the action is to be attached to the application form. It must have revenue and expenditure in balance. The budget must be drawn up in euros. 19
Applicants who foresee that costs will not be incurred in euros, are invited to use the exchange rate published on the Infor-euro website available at http://ec.europa.eu/budget/contracts_grants/info_contracts/inforeuro/inforeuro_en .cfm . e) Implementation contracts/subcontracting Where the implementation of the action requires the award of procurement contracts (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. Entities acting in their capacity of contracting authorities in the meaning of Directive 2014/24/EU22 or contracting entities in the meaning of Directive 2014/25/EU23 shall abide by the applicable national public procurement rules. Beneficiaries may subcontract tasks forming part of the action. If they do so, they must ensure that, in addition to the conditions specified in Article 11.1.e, the following conditions are also complied with: a) subcontracting does not cover core tasks of the action; b) recourse to subcontracting is justified because of the nature of the action and what is necessary for its implementation; c) the estimated costs of the subcontracting are clearly identifiable in the estimated budget; d) any recourse to subcontracting, if not provided for in description of the action, is communicated by the beneficiary and approved by the Commission. The Commission may grant approval: i. before any recourse to subcontracting, if the beneficiaries requests an amendment ii. after recourse to subcontracting if the subcontracting: - is specifically justified in the interim or final technical report and - does not entail changes to the Agreement which would call into question the decision awarding the grant or be contrary to the equal treatment of applicants; e) the beneficiaries ensure that the conditions applicable to visibility are also applicable to the subcontractors. f) Financial support to third parties The applications may not envisage provision of financial support to third parties. 11.2. Funding forms: 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 22 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC 23 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC 20
neither exceed the eligible costs nor the amount requested. Amounts are indicated in euros. Maximum amount requested The EU grant is limited to a maximum co-funding rate of 80 % 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 11.1.c – co-financing). Eligible costs The grant will take the form of 'reimbursement of eligible costs actually incurred' for the following categories of costs: personnel, travel, equipment, subcontracting and other direct costs. Eligible costs are costs actually incurred by the beneficiary of a grant which meet all the following criteria: they are incurred during the implementation period, with the exception of costs relating to request for payment of the balance and the corresponding supporting documents; they are indicated in the estimated budget of the action. The estimated budget will be set out in Annex III; they are incurred in connection with the action as described in Annex I and are necessary for its implementation; they are identifiable and verifiable, in particular they are recorded in the beneficiary's accounting records and determined according to the applicable accounting standards of the country where the beneficiary is established and according to the beneficiary's usual cost accounting practices; they comply with the requirements of applicable tax and social legislation; and they are reasonable, justified, and comply with the requirements of sound financial management, in particular regarding economy and efficiency. The beneficiary's internal accounting and auditing procedures must permit direct reconciliation of the costs and revenue declared in respect of the action/project with the corresponding accounting statements and supporting documents. The same criteria apply to the affiliated entities. Eligible direct costs The eligible direct costs for the action are those costs which, with due regard for the conditions of eligibility set out above, are identifiable as specific costs directly linked to the performance of the action and which can therefore be booked to it directly. The following categories of direct costs are eligible: - Personnel: the costs of personnel working under an employment contract with the applicant or equivalent appointing act and assigned to the action, comprising actual salaries plus social security contributions and other statutory costs included in the remuneration, provided that these costs are in line with the applicant's usual policy on remuneration. Those costs may include additional remuneration, including payments on the basis of supplementary contracts regardless of their nature, provided that it is paid 21
in a consistent manner whenever the same kind of work or expertise is required and independently from the source of funding used. The costs of the personnel of national administrations to the extent that they relate to the cost of activities which the relevant public authority would not carry out if the project concerned were not undertaken. The costs of natural persons working under a contract with the beneficiary other than an employment contract or who are seconded to the beneficiary by a third party against payment may also be included under such personnel costs, provided that the following conditions are fulfilled: i. the natural person works under the instructions of the beneficiary and, unless otherwise agreed with the beneficiary, in the beneficiary’s premises; ii. the result of the work belongs to the beneficiary; and iii. the costs are not significantly different from the costs of staff performing similar tasks under an employment contract with the beneficiary; - Travel and subsistence: subsistence allowances and costs of travels (for meetings, including kick-off meetings where applicable, conferences etc, that contribute to the project objectives) are eligible provided that these costs are in line with the beneficiary's usual practices and are not exceeding the EC mission allowances (see Annex H); - Equipment (new or second-hand): only the portion of the equipment's depreciation corresponding to the duration of the action/project and the rate of actual use for the purposes of the action may be considered eligible by the Commission; - Subcontracting/external assistance: costs entailed by implementation contracts awarded by the beneficiaries for the purposes of carrying out the action/project are eligible, provided that the conditions laid down in the grant agreement are met. They include costs arising directly from requirements linked to the implementation of the action/project (dissemination of information, specific evaluation of the action, etc...); - Other direct costs: other costs of consumables and supplies are eligible, provided that they are identifiable and assigned to the action/project (costs relating to external audits where required in support of the requests for payments, translations, reproduction or costs relating to a pre-financing guarantee lodged by the beneficiary of the grant, where required etc…). Eligible indirect costs (overheads) For this category of costs, a flat-rate amount of maximum 7% of the total eligible direct costs of the action is eligible, representing the beneficiary's general administrative costs which can be regarded as chargeable to the action/project. Indirect costs may not include costs entered under another budget heading. Applicants’s attention is drawn to the fact that in the case of organisations receiving an operating grant, indirect costs are not eligible under specific actions. Ineligible costs The following costs are not considered eligible: – return on capital and dividends paid by a beneficiary; – debt and debt service charges; 22
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