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Next Step in Horizon Europe – Publication of the Model Grant Agreement and Other Documents

The world’s largest individual funding programme for research and innovation was launched on 01.01.2021. Earlier this year we had already reported on Horizon Europe in an article in the magazine “Managing Intellectual Property, MIP and more recently in an interview in the magazine “Best Lawyers”. Now, the first documents, in particular a model grant agreement, rules for legal entity validation and for appointing the LEAR, were published on 26 February 2021, with successive publications expected to follow.

This publication of the first documents prompts a closer look.

Model Grant Agreement

The published Grant Agreement model is intended to show the applicant what kind of contractual agreement to expect in connection with Horizon Europe. The table of contents, although not prescriptive, shows one possible way of structuring the contract.

“Section 2: Rules for carrying out the action” addresses the core obligation to use, process or otherwise exploit results as part of a joint research project. A contractual agreement might be achieved taking Article 16 in conjunction with Annex 5 as a guideline, which stipulate the background and access rights to background, the ownership of the results, rights of use of the granting authority, specific rules and consequences of non-compliance.
 

Work Programme of the European Research Council

Funded by Horizon Europe, the European Research Council Work Programme as the first Framework Programme sets out the precise application timelines, the exact use of the funds and the budget for the year 2021.

Funding is broken down into

The respective eligibility criteria are also set. Compliance with these established eligibility criteria must be maintained throughout the entire funding period.
 

Rules for appointing the LEAR (Legal Entity Appointed Representative)

Regulation 2018/1046 of the European Parliament on the financial rules applicable to the general budget of the Union requires validation of all beneficiaries of EU funds. Legal verification of the validation is made after receipt of all the information and documents required for this purpose. Particularly important are proof of existence as a legal entity and the accuracy of the data.

Finally, clear rules are laid down regarding the appointment of a Legal Entity Appointed Representative (LEAR). This person is responsible for the data entered in the Funding & Tenders Portal and for keeping the information relating to the beneficiary up to date.

Horizon Europe is thus becoming ever more concrete for potential beneficiaries in terms of the overall context. It now remains to be seen when further publications will follow.

Source: Funding & tenders (europa.eu)

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Authors

Dr. Marco Stief

Partner

Attorney-at-Law

LL.M. University of Chicago