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"content": "Ref. Ares(2017)5533208 - 13/11/2017\n\n\n EUROPEAN UNION\n DELEGATION AGREEMENT\n\n T05-EUTF-NOA-REG-3 T05.216\n (the \"Agreement\")\n\n\nThe European Union, represented by the European Commission, on behalf of and for the account of the EU\nEmergency Trust Fund for Africa (the ‘Contracting Authority') of the one part, and\n\nThe International Centre for Migration Policy Development (ICMPD) with its at Gonzagagasse 1,\n5th floor, 1010 Vienna, Austria, hereinafter the 'Organisation'\n\nof the other part, (individually a \"Party\" and collectively the ‘Parties’) have agreed as follows:\n\n\n\n SPECIAL CONDITIONS\nArticle 1 - Purpose\n\n\n1.1 This Agreement defines the activities entrusted to the Organisation for the implementation of the Action\n MENOA - Support for the completion and implementation of the Monitoring and Evaluation System for\n the North of Africa Window of the EU Emergency Trust Fund for Africa as described in Annex I (the\n “Action”). This Agreement lays down the rules for implementation, for the payment of the EU\n contribution, and defines the relations between the Organisation and the Contracting Authority.\n1.2 The Action is fully financed by the EU contribution.\n1.3 In the performance of the activities, the Organisation shall:\n a) apply its own accounting, internal control and audit systems which have been positively assessed in\n the ex-ante pillars assessment. In case the pillar assessment raised some reservations the Organisation\n shall comply with the ad hoc measures stated in Article 7.\n b) apply its own procurement procedures, as assessed in the ex-ante pillars assessment, and its own rules\n for the award of Grants, as assessed in the ex-ante pillars assessment.\n c) perform the activities to be implemented under the Agreement in accordance with the principles of\n Sound Financial Management, transparency and non-discrimination, applying its positively assessed\n Regulations and Rules.\n d) be free to use any Regulations and Rules which have not been subject to the ex-ante pillar assessment\n to the extent that these Regulations and Rules are not in conflict with the provisions of this Agreement.\n1.4 The Action is an EU External Action. The Action is financed under the European Union Emergency Trust\n Fund for stability and addressing root causes of irregular migration and displaced persons in Africa (i.e.\n “Trust Fund”).\n1.5 The Organisation shall provide the management declaration with every progress and final report in\n accordance with Articles 3.10 of the General Conditions.\n\n\nArticle 2 - Entry into Force, Implementation Period and Contracting Deadline\n\nEntry Into Force\n\n2.1 The Agreement shall enter into force on the date when the last of the two Parties signs.",
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"content": "implementation Period\n\n2.2 The Implementation Period of the Agreement (the \"Implementation Period\") shall commence the day\n after the last Party signs.\n\n2.3 The Implementation Period of the Agreement as laid down in Annex I is 36 months.\n\n\nContracting Deadline\n\n2.4. Individual Procurement and Grant contracts implementing this Agreement shall be signed by the\n Organisation no later than 33 months from the date of entry into force of this Agreement.\n\n\nArticle 3 - Financing the Action\n3.1 The total cost of the Action1 is estimated at EUR (\"Currency of the Agreement\") 2,118,036, as set out in\n Annex III. The Contracting Authority undertakes to provide an EU contribution2 up to a maximum of\n EUR 2,118,036. The final amount will be established in accordance with Articles 18 to 20 of Annex II.\n3.2 Remuneration\n The remuneration of the Organisation by the Contracting Authority for the implementation of the\n activities entrusted under this Agreement shall be 7% of the final amount of eligible direct costs of the\n Action to be reimbursed by the Contracting Authority.\n\n3.3 Interest generated on pre-financing shall not be due.\n\n\n\nArticle 4 - Narrative and Financial Reporting and Payment Arrangement\n\n4.1 The pre-financing rate is 90 %.\n\n4.2 Payments shall be made in accordance with Article 19 of Annex II. The following amounts are\n applicable, all subject to the provisions of Annex II:\n\n First pre-financing instalment: EUR 709,770\n Further pre-financing instalment(s): EUR 1,196,462 following the end of the 1st reporting period\n subject to the provisions of Annex II.\n Forecast balance of the final amount of the contribution, if any (subject to the provisions of Annex II):\n EUR 211.804.\n\n4.3 In accordance with the Article 3.4 of Annex II, the Organisation will submit quarterly narrative\n information notes. The information notes will be provided in a format to be agreed upon by both parties\n during the start-up phase of the action. The notes are for information and monitoring purposes.\n\nArticle 5 - Communication language and contacts\n5.1 All communications to the Contracting Authority in connection with the Agreement, including reports\n referred to in Article 3 of Annex II, shall be in English. If requested by the Contracting Authority, they\n shall be accompanied by a translation or a summary in English or French where the language of the\n Agreement is not English or French.\n5.2 Any communication relating to the Agreement shall be in writing, shall state the number and/or title of\n the Action, and shall use the following addresses below.\n5.3 Any communication relating to the Agreement, including payment requests and attached reports, and\n requests for changes to bank account arrangements shall be sent to:\n\n1 This amount is introduced only for indicative purposes. It is an estimate and its evolution does not condition the EU contribution.\n2 Where the contribution is financed by the European Development Fund, mentions of EU contribution must be read as referring to European\nDevelopment Fund financing.\n\n\n Page 2",
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"content": "For the Contracting Authority\n European Commission,\n Directorate-General for Neighbourhood and Enlargement Negotiations - NEAR.R4\n EU Emergency Trust Fund for stability and addressing root causes of irregular migration and\n displaced persons in Africa - North of Africa Window\n For the attention of\n\n\n Avenue du Bourget 1, B-1049 Brussels, Belgium\n\n Copies of the documents referred to above, and correspondence of any other nature, shall be sent to:\n European Commission,\n\n Directorate-General for Neighbourhood and Enlargement Negotiations - NEAR.B3\n EU Emergency Trust Fund for stability and addressing root causes of irregular migration and\n displaced persons in Africa - North of Africa Window\n For the attention of\n\n\n Avenue du Bourget 1, B-1049 Brussels, Belgium\n\n For the Organisation:\n\n For the attention of\n\n International Centre for Migration Policy Development (ICMPD)\n Gonzagagasse 1, 5th floor, 1010 Vienna, Austria\n\n\n5.4 Ordinary mail shall be deemed to have been received on the date on which it is officially registered at\n the address referred to above.\n5.5 The contact point within the Organisation which shall have the appropriate powers to cooperate directly\n with the European Anti-Fraud Office (OLAF) in order to facilitate the latter's operational activities shall\n be:\n\n\n\n Management Support Service\n International Centre for Migration Policy Development (ICMPD)\n Gonzagagasse 1, 5 th floor, 1010 Vienna, Austria\n\n5.6 All exchanges concerning the Early Detection and Exclusion System shall take place between the\n Contracting Authority and the authorised person designated by the Organisation, which is:\n\n\n\n Management Support Service\n International Centre for Migration Policy Development (ICMPD)\n Gonzagagasse 1,5th floor, 1010 Vienna, Austria\n\nArticle 6 - Annexes\n\n6.1 The following documents are annexed to these Special Conditions and form an integral part of the\n Agreement:\n\n Annex I: Description of the Action (including the Logical Framework of the Action)\n Annex II: General Conditions for PA Grant or Delegation Agreements (Part III on PA Grant\n Agreements does not apply)\n Annex III: Budget for the Action\n Annex IV : Financial Identification Form\n Annex V: Standard Request for Payment\n Annex VI: Communication and Visibility Plan\n Annex VII: Management Declaration template\n\n Page 3",
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"content": "6.2 In the event of a conflict between the present Special Conditions and any Annex thereto, the provisions\n of the Special Conditions shall take precedence. In the event of a conflict between the provisions of\n Annex II \"General Conditions\" and those of the other Annexes, the provisions of Annex II \"General\n Conditions\" shall take precedence.\n\n Article 7 - Additional specific conditions applying to the Action\n\n 7.1. Where the implementation of the Action requires the setting up or the use of one or more project offices,\n the Organisation may declare as eligible direct costs the capitalised and operating costs of the structure if\n all the following conditions are fulfilled:\n\n a) They comply with the cost eligibility criteria referred to in Article 18.1 of Annex II;\n b) They fall within one of the following categories:\n i) costs of staff, including administration and management staff, directly assigned to the\n operations of the project office. The tasks listed in the Description of the Action (Annex\n I), undertaken by staff assigned to the project office will be directly attributable to the\n implementation of the Action.\n ii) travel and subsistence costs for staff and other persons directly assigned to the operations\n of the project office;\n iii) depreciation costs, rental costs or lease of equipment and assets composing the project\n office.\n iv) costs of maintenance and repair contracts specifically awarded for the operations of the\n project office;\n v) costs of consumables and supplies specifically purchased for the operations of the project\n office;\n vi) costs of IT and telecommunication services specifically purchased for the operations of\n the project office;\n vii) costs of energy and water specifically supplied for the operations of the project office;\n viii) costs of facility management contracts including security fees and insurance costs\n specifically awarded for the operations of the project office;\n c) The Organisation declares the eligible direct costs of the project office as actual costs or for staff\n costs on the basis of unit costs determined by the Organisation according to its usual accounting\n practice;\n d) The Organisation declares as eligible only the portion of the capitalised and operating costs of\n project office which corresponds to the duration of the Action and\n i) the rate of actual use of project office for the purposes of the Action; or\n ii) the rate of use of a project office for the purposes of the Action, determined by the\n Organisation on the basis of a simplified allocation method, provided that the allocation\n method is compliant with the Organisation' usual accounting and management practices,\n applied in a consistent manner regardless of the source of funding, and based on an\n objective, fair and reliable allocation key.\n\n Done in two originals in the English language, one for the Contracting Authority and one for the Organisation.\n\n\n For the Organisation For the Contracting Authority\n Name Name\n\n\n Position Position , Emergency Trust Fund for\n stability and addressing\n root causes of irregular\n migration and\n displaced persons in Africa\n - North of Africa Window\n\n\n Signature Signature\n\n\n\n\nElectronically signed on 13/11/2017 09:53 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563",
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