Framework Partnership Agreement - Europa

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Framework Partnership AgreementFRAMEWORK PARTNERSHIPAGREEMENTFRAMEWORK AGREEMENT NUMBER CEPOL/FPA/2016/0CEPOL, represented by its Executive Director Dr. Ferenc Bánfi, hereinafter referred to as"Executive Director” of the one part,and[full official name][official legal form][official address in full]"the partner", represented for the purposes of signature of this agreement by:[forename][surname][function]of the other part,HAVE AGREEDon the Preamble, the Special Conditions, the General Conditions and the Annexes thatgo to make up the present framework partnership agreement ("the framework agreement")The Preamble sets out the context of the partnership established between the parties in thefield of implementing training activities and learning products under CEPOL’s SingleProgramming Document.1

Framework Partnership AgreementThe Special Conditions and the General Conditions indicate the subject and duration ofthe framework agreement and the operational arrangements for the partnership.The following documents are annexed to the framework agreement:Annex IAnnex IIAnnex IIIActions planned under the partnershipModel specific grant agreementModel joint procurement agreementThe terms of the Special Conditions, of which the Preamble forms an integral part, shalltake precedence over those in the other parts of the framework agreement. The terms of theGeneral Conditions shall take precedence over those in the Annexes.Through his signature, the partner accepts the terms of the framework agreement and theirapplication to any specific grant agreements subsequently concluded between the parties.In the articles of the framework agreement, the generic term "action" shall refer both to aone-off action by the partner for which a grant for an action may be awarded and to a workprogramme carried out by the partner for which an operating grant may be awarded, exceptwhere an explicit distinction is made.2

Framework Partnership AgreementPREAMBLEThe Executive Director is responsible for the coordination of the implementation of theSingle Programming Document1 in general and for training activities and learningproducts as defined in the Single Programming Document in specific. The ExecutiveDirector represents CEPOL in all legal acts and obligations2.For the purposes of implementing these activities, the Executive Director selects one ormore partners engaged in the area of activity concerned ("the partner(s)"), with whom itshares common general objectives and wishes to establish a relationship of lastingcooperation.The general objective which it shares with (name of the framework partner)3 in the abovementioned area of activity and which justify the establishment of a partnership is thefollowing:Creating learning opportunities for law enforcement personnel in the prevention of and the fightagainst serious and organised crime, terrorism, maintenance of public order, international policingof major events, planning and command of Union missions, as well as training on law enforcementleadership and language skills, while putting particular emphasis on the protection of human rightsand fundamental freedoms in the context of law enforcement.1Article 14. REGULATION (EU) 2015/2219 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November20152Article 143The name of the partner signatory to the framework agreement.3

Framework Partnership AgreementI - SPECIAL CONDITIONSARTICLE I.1 - PURPOSEI.1.1The framework agreement is concluded as part of an ongoing, formalisedrelationship of co-operation between the Executive Director and the partner ("thepartnership") on the basis CEPOL’s Single Programming Document.I.1.2The purpose of the framework agreement is to define the respective roles andresponsibilities of the Executive Director and the partner in implementing theirpartnership. The specific grant agreements that may be signed under the frameworkagreement shall relate to CEPOL training activities and learning products.ARTICLE I.2 – AWARD OF GRANTSI.2.1The Executive Director may consult its partner in order to obtain a proposal foraction in line with the action plan set out in Annex I. Such consultation shall takeplace on the basis of a call to submit proposals. The Executive Director shall to thatend stipulate the technical and financial criteria that the actions must satisfy, if theyare to qualify for a CEPOL grant. The partner shall be free to submit a proposal foraction to the Executive Director in response to the call.I.2.2Where the Executive Director decides to accept a proposal for action, he shall sendthe partner a specific grant agreement ("specific agreement") in accordance withthe model in Annex II. The specific agreement is governed by the terms of theframework agreement and must be signed by the authorised representatives of theparties under the same conditions as the framework agreement.I.2.3By signing the specific agreement, the partner undertakes to carry out the actionunder his own responsibility on the terms laid down in the specific agreement andthe annexes thereto and in compliance with the undertakings entered into under theframework agreement.I.2.4Signature of the framework agreement by the parties shall not give rise to anyobligation on the Executive Director to award a grant. It shall be without prejudiceto the partner's participation in other calls for proposals with a view to the award ofgrants outside the action plan set out in Annex I.4

Framework Partnership AgreementARTICLE I.3 - DURATIONI.3.1The framework agreement shall enter into force on the date when the last of the twoparties signs.I.3.2It shall be concluded for a period of four years starting from the date of its entryinto force.I.3.3Specific agreements must be signed before the date when the framework agreementexpires. Where the actions are carried out after the above-mentioned date, the termsof the framework agreement shall continue to apply to the implementation of thecorresponding specific agreements.ARTICLE I.4 - FINANCING THE ACTIONSI.4.1. Co-financing amounting to not less than 5 % of the estimated total eligible cost ofthe action shall be required for each action for which a CEPOL grant is awarded.The co-financing may be provided either from the partner's own resources and/orfrom other sources of external finance.Contributions involving real estate (office costs) shall be excluded from thecalculation of the amount of co-financing.Contributions in kind shall be excluded from overhead costs.I.4.2The provisions relating to the submission of the reports and other documentsrelating to the action and the arrangements for payment of the grant are set out inthe Governing Board Decision 30/2006/GB, Laying down Administrative Rules,Commitments and Guidelines for its Courses and Seminars (ConsolidatedVersion)4.ARTICLE I.5 –ESTIMATED BUDGETEstimated budget for specific grants shall be drawn in accordance with the GoverningBoard Decision 30/2006/GB, Laying down Administrative Rules, Commitments andGuidelines for its Courses and Seminars (Consolidated Version).4Decision 30/2006/GB: Laying down administrative rules, commitments and guidelines for its courses, seminars and conferences andrepealing the decision 20/2006/GB of the Governing Board of the European Police College; adopted on 27 September 20065

Framework Partnership AgreementARTICLE I.6 – PAYMENT ARRANGEMENTSThe payment arrangements as laid down in the consolidated Governing Board Decision30/2006/GB, Laying down Administrative Rules, Commitments and Guidelines for itsCourses and Seminars (Consolidated Version) will apply.ARTICLE I.7 – BANK ACCOUNT5I.7.1. Payments shall be made to the partner's bank account, sub-account or account of aservice provider (co-beneficiary) used by the partner due to national regulations as suppliedto CEPOL6, denominated in Euros7. Any change in the partner’s bank account requires thesubmission to the Agency of a new Financial Identification Form (BAF).I.7.2This account or sub-account must identify the payments made by CEPOL.ARTICLE I.8 - GENERAL ADMINISTRATIVE PROVISIONSI.8.1Any communication addressed to the Executive Director in connection with theframework agreement or a specific agreement shall be in writing, indicating thenumber of the agreement concerned, and shall be sent to the following addresses:European Union Agency for Law Enforcement Training - CEPOLAttn. Executive Director Dr. Ferenc Bánfi,1903 BudapestPf. 314HungaryE-mail address: grants@cepol.europa.euAdministrative and financial documents shall be sent to the Agency followingearlier publications by the Executive Director implementing Decision 30/2006/GB,Laying down Administrative Rules, Commitments and Guidelines for its Coursesand Seminars (Consolidated Version)6In the unlikely event that no BAF has been submitted, please insert the following details:Name of bank: [ ]Address of branch: [ ]Precise denomination of the account holder: [ ]Full account number (including bank codes): [ ][IBAN account code: [ ].7This proceeds except in the case of bank accounts in countries that do not accept euro transactions, or based on theconsolidated version of GB Decision 30/20066

Framework Partnership AgreementI.8.2Ordinary mail shall be considered to have been received by the Agency on the dateon which it is formally registered. E-mail shall be considered as received on thedate it is received.I.8.3Any communication addressed to the partner in connection with the frameworkagreement or a specific agreement shall be in writing, indicating the number of theagreement, and shall be sent to the following address:Training and Research UnitEuropean Police College (CEPOL)1903 BudapestPf. 314HungaryE-mail: grants@cepol.europa.euI.8.4Any change of address by the partner shall be communicated in writing to addressas mentioned under 1.8.3ARTICLE 9 - LAW APPLICABLE AND COMPETENT COURT1.9.1Grants are governed by the terms of the framework agreement and specificagreements, the Union law applicable and, on a secondary level, by the law of thecountry of CEPOL seat relating to grants.1.9.2The partner may bring legal proceedings regarding decisions of the ExecutiveDirector concerning the application of the provisions of the above-mentionedagreements, and the arrangements for implementing them, before the General Courtof the European Union and, in the event of appeal, the Court of Justice.ARTICLE 10 – DATA PROTECTION8All personal data contained in the framework agreement and specific agreements, or relatedto these agreements and their implementation, shall be processed in accordance withRegulation (EC) No 45/2001 of the European Parliament and of the Council on theprotection of individuals with regard to the processing of personal data by the Communityinstitutions and bodies and on the free movement of such data. Such data shall be processedsolely in connection with the implementation and follow-up of the framework agreementand specific agreements by [name of the body responsible for checking data], withoutprejudice to the possibility of passing the data to internal audit services, to the Court of8 Any questions on the application of Regulation (EC) No 45/2001 should be referred to the Data ProtectionCoordinator of your DG or to the Commission’s Data Protection Officer (www.ec.europa.eu/dataprotectionofficer/).7

Framework Partnership AgreementAuditors, to the Financial Irregularities Panel and/or to the European Anti-Fraud Office(OLAF) for the purposes of safeguarding the financial interests of the Union.Partners may, on written request, gain access to their personal data and correct anyinformation that is inaccurate or incomplete. Partners should address any questionsregarding the processing of their personal data to [name of the body responsible forchecking data]. Partners may lodge a complaint against the processing of their personaldata with the European Data Protection Supervisor at any time.11 – OTHER SPECIAL CONDITIONS11.1 Exchange rate applicable for the conversion of currencies into euro.Any conversion of actual costs into euro shall be made by the partner at the monthlyaccounting rate established by the Commission and published on its website9.11.2– Joint procurementWhere a public contract or framework contract is necessary for the implementation of ajoint action between CEPOL and the Framework Partner, a procurement procedure may becarried out jointly by CEPOL and the Framework Partner, in accordance with Article 104aof the Financial Regulation10 applicable to the General Budget of the EuropeanCommunities.The joint procurement shall be implemented following the signature of a joint procurementagreement in accordance with the model in Annex III.9The Commission rate indicated is the InforEuro rate published on the BudgWeb.Regulation (EU, Euratom) No 966/2012 on the financial rules applicable to the general budget of the Union,amended by Regulation (EU, EURATOM) 2015/1929 of the European Parliament and of the Council of 28 October2015108

Framework Partnership AgreementII -GENERAL CONDITIONSPART A: LEGAL AND ADMINISTRATIVE PROVISIONSARTICLE II.1 – UNDERTAKINGS BY THE PARTNERBy signing the framework agreement, the partner undertakes to:- respect the common general objectives that formed the basis for establishing thepartnership, as mentioned in the Preamble;- fulfil the undertakings entered into under the action plan set out in Annex I, whereappropriate together with the annual work programmes jointly agreed between theparties;- make every effort to achieve in practice the above-mentioned common generalobjectives in each action for which a CEPOL grant is awarded;- maintain relations of mutual co-operation and regular exchanges of information withCEPOL on matters of common interest to do with use of the framework agreement andon the follow-up to implementation of the action plan set out in Annex I;- adopt a transparent attitude with regard to managing and keeping accounts on the actionsfor which a CEPOL grant is awarded and co-oper

Framework Partnership Agreement 1 FRAMEWORK PARTNERSHIP AGREEMENT . I.2.1 The Executive Director may consult its partner in order to obtain a proposal for action in line with the action plan set out in Annex I. Such consultation shall take place on the basis of a call to submit proposals. The Executive Director shall to that end stipulate the technical and financial criteria that the actions .