These internal agreements must be the subject of a written « consortium agreement » between the beneficiaries under Horizon 2020. So what do you need to know about this agreement and the implementation process? Keep reading to learn more. Note: The costs associated with the preparation of a consortium agreement are not reimbursable, as the consortium agreement should be signed before the grant agreement is signed. However, costs related to the updating of the consortium agreement shall be eligible if they are incurred during the duration of the action. In order to make the most of time and resources, the preparation of this agreement is therefore, just after the publication of the publication by the Commission, that the project has been selected for funding and before the Commission requests the signature of the grant agreement. This period is approximately three months, which is sufficient for the preparation and conclusion of the consortium agreement. Horizon 2020 also has, for the first time, model consortia agreements for MSCA-ITN. These were developed by the Federal Working Group of EU Advisers in German Universities and Universities (BAK) and the League of European Research Universities (LERU). Both models are based on DESCA. Desca (Development of a Simplified Consortium Agreement) is the most popular of several Horizon 2020 model consortium agreements. It is the result of a cooperation project supported by the European Commission. Its result is a typical consortium agreement that anyone can use as the basis for a specific consortium agreement for a given project.
The DESCA consortium agreement is available for free download. So what needs to be done to meet the needs of consortium members at an early stage, without having to devote the necessary resources and time before being clearer about funding? Three Joint Technology Initiatives (JTI) – Clean Sky 2, ECSEL and the Innovative Medicine Initiative (IMI) 2 – make available on their websites a separate model consortium agreement for funded projects. These models take into account, in particular, the partial derogations provided for in IPRs, for example. B as regards intellectual property rights in IMI 2. Since the consortium agreement is indeed a commercial agreement, we strongly recommend the services of legal counsel with expertise in the development of such agreements. As with FP7, several institutions and groupings have developed model consortia agreements for Horizon 2020, sometimes with different approaches. Most of these agreements are modular, allowing for different options to be chosen to meet the specific needs of a project. The most common models are as follows: Although it is not mandatory, we recommend referring to the structure and guidelines of the DESCA when creating a consortium agreement. As I said above, it is advisable to use experienced legal assistance in the preparation of this agreement. The DESCA proposal should only be referenced as a means of structuring the agreement in general and of taking into account important aspects that need to be taken into account. .