waterways forward partnership agreement delft, 12 february 2010 kick-off meeting
TRANSCRIPT
Waterways Forward
Partnership Agreement
Delft, 12 February 2010Kick-off meeting
Content
I. Definition of the Partnership Agreement (PA)
II. Structure & provisions
I. Definition of the Partnership Agreement
The PA is a legal instrument laying down the mandatory and other provisions that governs the relations between partners of the WF project.
Legal instrument Private contract• Governed by and may be enforced within the
jurisdiction of the country of the Lead Partner
Signed by all partners• Signatories are parties to the contract• Establishes specific status of and cooperation with
PP14 (Serbia)
Legally binding• Covers all mandatory and optional issues of the
partnership• Provisions bind all partners: cooperation and dispute
arrangements shall be solved accordingly
Based on EU requirements
• Compulsory tool
• Transposing to the partnership the minimum provisions of the Subsidy Contract and of the applicable EU legislation:• ERDF Regulations • INTERREG IVC Programme Manual
• Sets out specific rules for the WF partnership
Governing relations between project partners
• Provisions of the approved Application Form as regards: • Partners responsibilities & duties • Financial provisions & project implementation • Communication & Publicity measures
• Further legal provisions as regards: • Disputes and conflict resolution • Partnership changes • Confidentiality • Legal proceedings
II. Structure & provisions of the PA
Responsibilities & duties
• Overall duties of the Lead Partner
• Specific tasks dedicated to each Project Partner
• Tasks to be carried out according to the WF Implementation plan
Financial provisions & Project implementation
• Budgetary rules and procedures• Transfer of ERDF reimbursements• Payment Forecast• Budget reallocations • Reimbursement claim by the Managing
Authority
• Project implementation • Changes in project implementation • Monitoring & Reporting procedures
Communication & Publicity measures
• Joint implementation of the WF Publicity & Communication Plan
• Promotion of the project and its results towards potential beneficiaries, stakeholders and the general public
Disputes & conflict resolution
Partners • Changes within the Partnership > withdrawal
and replacement of a Partner• Legal succession• Confidentiality requirements Fulfillment of obligations • Assignment of duties • Cooperation with third parties, outsourcing • Non-completion of obligations, delays • Liability rules and event of force majeureLegal proceedings • Dispute settlement • Governing jurisdiction
Thank you for your attention