Call for expressions of interest IP/ for the establishment of a list of ...

Directorate General for External Policies

Call for Expression of Interest EP/EXPO/B/INTA/CEI/2017-01 to establish a list of scientific/academic experts to assist the European Parliament’s Committee on International Trade (INTA) Contracting authority: European Parliament Directorate-General for External Policies Finance Unit Rue Wiertz 60 B-1047 Brussels Belgium

GENERAL INFORMATION 1.

AIMS AND OBJECTIVES

1.1.

The European Parliament is launching a call for expression of interest in order to establish a list of experts to provide independent external expertise for the Committee on International Trade (INTA). Any expertise is to be provided upon a preliminary request from the European Parliament, relating to issues within the scope of interests and responsibilities of the Committee, which are:

The EU common commercial policy and its external economic relations, in particular:  The common external tariff and trade facilitation as well as the external aspects of customs provisions and management;  Bilateral, multilateral and plurilateral trade agreements governing economic, trade and investment relations with third countries and regional organisations;  Specific aspects of EU trade policy, such as autonomous trade measures, the Generalised System of Preferences (GSP), trade sections in Association Agreements;  Specific aspects of trade policy in general such as intellectual property rights, rules of origin, trade defence instruments (anti-dumping);  International regulatory cooperation, technical harmonisation or standardisation, mutual recognition and other forms of trade related policy making;  The linking of trade policy to other policy areas such as sustainable development, labour laws, human rights;  International organisations and international fora on trade-related matters and organisations promoting regional economic and commercial integration outside the Union (e.g. UNCTAD, OECD, World Bank, IMF);  The WTO as pillar of the world trading system, its dispute settlement mechanism and its parliamentary dimension. 1.2.

The list of experts, will be set up under Article 204 of the EU Financial Regulation 2, and will be valid until 28 February 2023. The list may be used at any time deemed appropriate by the European Parliament during this period.

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1.3.

This call is exclusively addressed to experts with scientific/academic experience in research, as specified in Article 4. Furthermore, it is exclusively addressed to natural persons (not to legal persons, such as institutions and/or companies).

1.4.

The list established upon this call does not imply any form of obligation on the European Parliament to award a service contract to successful applicants. The purpose of the list is to set up a database of suitable experts, meaning that the list may include a greater number of experts than will actually be required.

2.

SUBMISSION OF APPLICATIONS

2.1.

The annexes attached to this document form an integral part of the call for expression of interest: the Application Form (Annex I), the Financial Identification Form (Annex II), the Declaration on honour (Annex III), the draft Order Form and draft Service Contract (Annex IV), information on the European Parliament’s environmental policy (Annex V), Style Guide (Annex VI) and layout template (Annex VII). The annexes to be completed and submitted by the applicant are: a) b) c)

the Application Form (Annex I), and the Financial Identification Form (Annex II) the Declaration on honour (Annex III)

Annexes IV, V, VI and VII are provided for information purposes. Before each assignment, the European Parliament will check the absence of conflict of interest and further information and/or documents might be requested at that time. All relevant forms/documents for this call are accessible under the title "Call for expression of interest to establish a list of scientific/academic experts to assist the European Parliament's Committee on International Trade (INTA) through the following link: http://www.europarl.europa.eu/tenders/invitations.htm#tender_multi 2.2.

If you are interested in taking part in this call for expression of interest, you can submit your application in any of the official languages of the EU, but preferably in English. Applications should be submitted only by e-mail following the structure set out in the Application Form (Annex I), to the following address: [email protected] Please indicate the following information in the subject line of your e-mail: EP/EXPO/B/INTA/CEI/2017-01 (family name). You are required to send a scanned pdf version of the original documents duly completed and signed, and a Word version of your CV and reference works. The cover letter (as referred to in Annex I) should bear the following indications:

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European Parliament 60 Rue Wiertz B-1047 Brussels Call for Expression of Interest EP/EXPO/B/INTA/CEI/2017-01 Directorate-General for External Policies of the Union Directorate C – Resources Mauro DE OLIVEIRA Head of Finance Unit Office SQM 04Y89 2.3.

Interested experts may submit their applications at any time up until 28 November 2022 (i.e. until three months before the list expires). It is, however, strongly recommended that applications be submitted as early as possible.

2.4. Applications must: 

contain all relevant documents, in particular the completed Application Form (Annex I), Financial Identification Form (Annex II) and the Declaration on honour (Annex III). The format of these forms must be retained, and they must be perfectly legible so as to preclude any doubt whatsoever as to the wording and numbers given. The forms should preferably be filled in electronically;



be signed by the applicant;



copy of valid ID card or passport;

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contain a copy of a recent bank account statement clearly indicating both the account holder and bank account number, attached to the Financial Identification Form.

2.5.

The European Parliament reserves the right to reject any incomplete or illegible applications.

2.6.

Expenses incurred in connection with preparing and submitting the application shall be borne by the applicant and will not be reimbursed.

2.7.

Applications will be assessed by the European Parliament at least once in a quarter.

2.8.

Applicants will be informed about the results of their application.

3.

FORMS OF EXPERTISE AND REMUNERATION

3.1.

Expertise is likely to be requested on a wide range of subjects in the fields described in the Paragraph 1.1.1. It may also relate to specific aspects of policy proposals. Various forms of expertise may be requested by the European Parliament. Without prejudice to the more detailed specifications, which will be enclosed with the request sent to the expert selected (see Paragraph 5.2.), the volumes, deadlines and remuneration for the various forms of expertise are set out in the table below:

Previous written expertise requested by and provided for the European Parliament, including the INTA Committee, is available at: http://www.europarl.europa.eu/studies. 1

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TYPE OF EXPERTISE

VOLUME*

I

(Peer) Review

II

Written contribution to workshops

III IV V VI VII

Briefing Short analysis In-depth analysis Study Long study

3-7 pages 5-20 slides of presentation or 2-3 pages of outline 5-10 pages 11-20 pages 21-35 pages 36-60 pages 61-80 pages

DEADLINE** (for draft version) 3-15 days

PRICE*** EUR 2 000

2 days before the event

EUR 2 500

14-35 days 28-56 days 42-77 days 70-105 days 84-126 days

EUR 6 000 EUR 14 000 EUR 22 000 EUR 33 000 EUR 40 000

* Excluding any tables, maps, graphics, bibliography and annexes. The page ranges given refer to the expected volume of the various types of written expertise. ** These deadlines are indicative and counted in calendar days - from the signature of the contract till the delivery of the draft expertise. Deadlines will be defined by the European Parliament according to the complexity of each assignment and will be specified in the contract (order form). *** Prices without VAT - Prices are firm, all-inclusive and not open to revision. Tenderers established in one of the Members States of the European Union shall be informed that the European Parliament, as a European Union institution, is exempt from all duties and indirect taxes, in particular VAT, pursuant to Article 3 of the Protocol on the privileges and immunities of the European Union. Tenderers established outside the European Union shall bear in mind that since the prices are firm and all-inclusive, VAT and or taxes in accordance with their national law shall be considered included in the above indicated prices. 3.2.

Experts may be required to come to Brussels or Strasbourg, or exceptionally to other venues, for a preparatory kick-off meeting with the European Parliament’s services and/or to present their written expertise in person, as part of a committee meeting or a workshop/expert panel, or to conduct primary research related to the assignment for example. In this case, on top of the prices listed in paragraph 3.1 they will receive a flat-rate reimbursement of all their travel, accommodation and subsistence costs according to the following table: Air (Linear) distance in km (one way)* up to 100 km 101-200 km 201-400 km 401-600 km 601-800 km 801-1 000 km 1 001-2 000 km 2 001- 4 000 km 4 001-8 000 km over 8 000 km

Flat-rate reimbursement in EUR 50 150 300 550 750 900 1000 1600 2650 3450

* By default, the residence indicated in the application documents will be considered the place of origin on the basis of which the flat-rate reimbursement will be calculated. 4/16

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3.3.

No additional expenses will be reimbursed.

3.4.

The maximum total amount which can be paid to each expert for the entire duration of validity of the list is currently set at EUR 144 000, in accordance with Article 287 of the Rules of Application of the Financial Regulation.2

3.5.

The European Parliament, as a European Union institution, is exempt from all duties and indirect taxes, in particular VAT, pursuant to Article 3 of the Protocol on the privileges and immunities of the European Union. This exemption is granted to the European Parliament by the governments of the Member States, either in the form of a posteriori reimbursement on the basis of supporting documents, or in the form of direct exemption. It follows, therefore, that the remuneration must be exempt from VAT. Applicants shall be responsible for ensuring that they fulfil all their obligations with regard to taxation.

4.

SELECTION PROCEDURE FOR COMPILING THE LIST OF EXPERTS

4.1.

Exclusion criteria: Experts must declare on their honour that they do not fall under the exclusion criteria listed in point 3 of the Application Form (Annex I). Only duly completed applications signed by the expert and containing all required documents will be taken into consideration.

4.2.

Selection criteria: Experts shall be selected for the list on the basis of their professional and technical ability to carry out the tasks described in this document. In order to be placed on the list of experts by the European Parliament, the applicant shall: 

have a sound scientific/academic background with proven experience in research. He/she must have at least five years of professional experience clearly related to research in the field of international trade as specified in Paragraph 1.1.



have a publishing record in the specialised field, including publications in peer-reviewed scientific journals and/or monographs accepted for publication after a similar review process. These must be in research areas and on issues relevant to this call.



Understanding of EU trade policies, evidenced as the expert finds appropriate (for example, by educational background, previous publications in this area, participation in conferences or trainings, etc.)



have an excellent command of English, or one of the following languages: French or German or Spanish3 (evidenced by the expert’s publication in at least one of these languages);



have the economic and financial capacity to provide the services set out in this document (cf. the declaration in point 3 of the Application Form).

The European Parliament might require further evidence if deemed necessary. 4.3.

Documents required: Applicants must provide evidence of their ability, skills, experience and competence to perform the work by means of:

Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union. Commission delegated regulation (EU) 2015/2170 amending Directive 2014/24/EU. 3 In the past five years a vast majority of the external expertise were requested from the Policy Department in English, a few in French, and fewer in Spanish. 2

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

a cover letter of no more than one page (max. 500 words), in which the applicant is asked to elaborate on his/her personal incentive(s) for applying, and to clearly indicate in which main fields of activity of the INTA Committee (see Paragraph 1.1.) he/she would consider himself/herself able to provide the requested forms of expertise (multiple entries possible);



a full curriculum vitae specifying knowledge of languages, academic qualifications and background, as well as expertise and experience relevant to this call for expression of interest. The curriculum vitae should follow the basic structure of the Europass template, and should be set out as follows: 1. Personal information; 2. Work experience (in the scientific/academic field); 3. Education and training; 4. Level(s) of (foreign) language competence; 5. Personal skills and competences (with scientific/academic relevance); 6. Additional information pertinent to this call for expression of interest (ongoing or planned research projects, awards received, etc.) The CV and the record of publications must be submitted both in MS Word and in pdf;



a full record of their publications (starting with the most recent) on research subjects relevant to this call for expression of interest, including contributions to peer-reviewed journals and monographs accepted for publication after a similar review process by the publishing house in question. Records should show if the publication was paid, and if so, who was the requester;



for the demonstration of language skills; the full text of at least one publication in the language (English or French or German or Spanish) the expert masters.

4.4.

Applicants should note that providing all the required documents per se does not give them any legal entitlement to be placed on the list of experts. The evaluation of applications and the ultimate decision on their acceptance lies exclusively with the European Parliament.

5.

COMMISSIONING OF EXPERTS

5.1.

The European Parliament shall ensure that expertise is commissioned in a fair manner, based on the applicants’ professional profiles. Whilst maintaining the principle of selecting the most qualified experts, the European Parliament shall seek to obtain a balance in accordance with the principles of non-discrimination, equal treatment and absence of conflicts of interest.

5.2.

Whenever the European Parliament wishes to commission one of the types of expertise indicated in Paragraph 3, the relevant department shall send a request by electronic mail to the expert selected, specifying the terms and conditions of performance (including the required type and length of expertise and the deadline), along with a draft order form (contract). The expert shall have 10 working days as of the date on which the e-mail request is sent to respond to the electronic mail, declaring his/her availability to take up the task and thereby accepting all the conditions. In the event of failure to observe the deadline of 10 working days, the expert shall be considered not to be in a position to take on the task.

5.3.

Following receipt of the expert’s agreement to provide the services, the order form or contract (see Annex IV) shall enter into force on the date it is signed by the European Parliament. The period designated for performance of the task(s) set shall begin as of the same date. As an exception to the rule, the contracting parties can agree to deadlines different from those outlined in the table in Paragraph 3.1.

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6.

REQUIREMENTS FOR WRITTEN EXPERTISE

6.1.

Academic standards Contractors shall undertake to perform the tasks assigned to them in accordance with the highest professional standards, and to observe the utmost academic integrity throughout the process (data, research, analysis, presentation, etc.). The provided expertise should be original work and respect at least the following standards:

6.2.



existing work within the relevant scientific community shall be taken into account as broadly as possible, including research that challenges the contractors’ own results;



all material from the work of others which is used for the assignment, such as data, information, ideas, concepts, methodologies, quotes and literature must be clearly identified and referenced at the appropriate point in the text by way of a systematic referencing system. These works must be attributable to their original authors. Where the texts referred to are available on the Internet, the links should be provided. A complete bibliography, separately listing all sources and literature that have been used, is essential;



accuracy and comprehensiveness of facts and data given shall be ensured. Contractors have a responsibility to present their results fully without omission, misrepresentation or deception. The most recently available information and data shall always be included;



the contractor should bear in mind that the study must stand up to scrutiny in a political context and that even small factual errors, imprecise or ambiguous wordings or an unclear, inaccurate or incomplete stating of sources and references may jeopardise the credibility of the expertise as a whole; contractors should be aware of the limitations of the research method applied, and be conscious of the impact of their own views and opinions which may predetermine an outcome. The degree of uncertainty and subjectivity inherent in any results should be reflected in the findings and conclusions.

Language, linguistic and typographical quality standards, proofreading 

Unless otherwise specified, written expertise shall be supplied in English or French or German or Spanish4. The language will be specified before each assignment.



Clarity and the highest linguistic and typographical quality standards shall be ensured, inter alia to avoid misinterpretations and misunderstandings in a multilingual environment.



All written contributions should be drafted in concise, non-technical language, allowing Members of the European Parliament and other readers to readily gain an overview of the specific subject, independent of their prior knowledge. The written contributions should contain clear findings, policy options and recommendations destined for political decision-makers. They must be clear, comprehensive and understandable even to nonspecialists. The expert is thus expected not only to be able to work across relevant disciplines, but also to present even complex information in an accessible manner.



Before submitting the written expertise to the European Parliament, the contractor must carry out an in-depth editorial review, including high-quality proofreading.



After delivery, written expertise will undergo internal evaluation by the European Parliament’s research services, including computer-assisted plagiarism detection, and may also be subject to external (peer) review.

4

In the past five years a vast majority of the external expertise were requested from the Policy Department in English, a few in French, and fewer in Spanish.

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6.3.

Drafting and layout rules 

The contractor is obliged to follow the European Parliament’s drafting and layout rules in force at the time written expertise is contracted. Along with the order form the contractor will receive each time an MS Word template for the layout of the expertise. The Contractor shall deliver each expertise using this template.



For the preparation of bibliographies, as well as for acronyms, abbreviations, statistical symbols, units of measurement, countries, territories and currencies, punctuation in figures and all other issues which are not dealt with in the above-mentioned template, the Interinstitutional Style Guide5 must be used.



All data used for the production of charts should be provided in MS Excel sheets for editing purposes.



Further drafting and layout rules may be defined at a later stage in the terms of reference for the respective requested expertise.

7.

REQUIREMENTS FOR PRESENTATIONS

7.1.

If requested by the European Parliament, the contractor shall give an oral presentation of the expertise compiled in Brussels or Strasbourg. In exceptional cases presentations may take place at another venue.

7.2.

A PowerPoint presentation or an outline of a speech shall be required of the expert in order to support his/her oral presentation.

7.3.

A discussion with the Members of the European Parliament in the form of a question-andanswer session may take place after the presentation. The total duration and the date of the presentation shall be defined on the basis of the European Parliament’s agenda.

7.4.

The standard language for presentations is English, unless otherwise agreed beforehand. However, if agreed in advance with the European Parliament, the speaker may also use his/her mother tongue or the language he/she is most comfortable with in order to fully comply with linguistic quality criteria and guarantee a lively and high-quality presentation.

7.5.

Details regarding presentations, including duration and date, will be specified on an individual basis, taking into account the European Parliament’s agenda.

8.

ACCEPTANCE PROCEDURE The contractor shall deliver the expertise to the European Parliament by the deadline specified in the contract. The draft should be complete in terms of content, should be edited and proofread. The European Parliament would send its comments on the draft within two weeks, unless otherwise specified in the contract. The contractor shall respond to comments and finalise the expertise within two weeks unless otherwise specified in the contract. The European Parliament sends an acceptance letter to the contractor, provided that the expertise was delivered in time and fully met all requirements laid down in the technical specifications.

5

See http://publications.europa.eu/code/en/en-000100.htm.

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The acceptance of, and payment for the work provided is subject to full and strict compliance with these requirements and approval of the final expertise by the European Parliament. Final acceptance shall be declared only if the services performed comply with the contract. If the European Parliament is unable to declare final acceptance of all or part of the services, no payment takes place.

9.

OWNERSHIP OF THE RESULTS AND EXCLUSIVE RIGHTS

The Union acquires irrevocably worldwide ownership of the results and of all intellectual property rights under the contract. The intellectual property rights so acquired include any rights, such as copyright and other intellectual or industrial property rights, to any of the results and in all technological solutions and information created or produced by the contractor or by its subcontractor in implementation of the contract. The contracting authority may exploit and use the acquired rights as stipulated in this contract. The Union acquires all the rights from the moment the contracting authority approves the results delivered by the contractor. Such delivery and approval are deemed to constitute an effective assignment of rights from the contractor to the Union. The payment of the price includes any fees payable to the contractor about the acquisition of ownership of rights by the Union including for all modes of exploitation and of use of the results. Rules on modes of exploitation of the results of the contract, as well as Intellectual Property Rights governing contracts between the European Parliament and the Contractor are described in Articles 13 and 14.

10.

DUTY TO PROVIDE INFORMATION/CONFLICT OF INTEREST

10.1.

Upon each request from the European Parliament, the expert must notify the European Parliament’s administration of any previous services performed for national and international public or private entities, including European institutions and agencies, the business sector, in the past five years, in the area covered by the request (see Paragraph 4.3.).

10.2.

When fulfilling his/her responsibilities, the contractor must be fully independent of other commitments. Therefore, when carrying out each specific expertise request: 

the expert shall not be subject to a conflict of interest in connection with the contract; a conflict of interest could arise in particular as a result of economic interests, political or national affinities, family or emotional ties, or any other relevant connections or shared interests;



there shall be no professional or financial constraints on the expert’s availability to carry out the required assignments, or that would compromise the impartiality of the expertise provided.

10.3.

The expert must notify the European Parliament without delay if the above situation changes, particularly in such a way as to compromise the independent nature of the expertise.

11.

ENVIRONMENTAL ASPECTS Applicants shall undertake to comply scrupulously with the environmental legislation in force in the field of the contract, should it be awarded to him/her. It should be noted in this regard that the European Parliament applies the EMAS environmental management system. Information about EMAS is provided by the authorising directorate in Annex V to this call for expression of interest.

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12.

DATA PROTECTION

12.1.

The post-processing of your response to this call for expression of interest entails the registration and processing of personal data (e.g. name, address, CV). Any personal data included in the contract shall be processed pursuant to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by Union institutions and bodies and on the free movement of such data. They shall be processed solely for the purposes of performance, management and follow-up of the contract by the European Parliament’s Directorate-General for External Policies of the Union, without prejudice to their possible transmission to the bodies charged with a monitoring or inspection task in conformity with EU law. The applicant shall have the right of access to his/her personal data and the right to rectify any such data. Should the applicant have any queries concerning the processing of his/her personal data, he/she should address them to Mr Bernard Hellot, Director, Directorate-General for External Policies of the Union, Directorate for Resources, Rue Wiertz 60, B-1047 Brussels. The applicant shall have right of recourse at any time to the European Data Protection Supervisor.

12.2.

For transparency purposes, the European Parliament may publish on its website and distribute electronically the expertise, along with the names of experts to which it has awarded service contracts. Workshop publications might also include a short biography of the experts. Workshops and oral presentations of an expertise might be webstreamed, and photos taken during presentations might be published online and/or distributed in newsletters.

12.3

Ex-post publication Details on the contractors who have concluded a contract of more than €15 000 awarded following the procedure set out at point 5 shall be published on the website of the contracting authority no later than 30 June of the year following contract award. These details include name, locality (region of origin for natural persons), amount, and subject of the contract. For natural persons, the information shall be removed two years after the year of contract award.

13. 13.1.

EXPLOITATION OF THE RESULTS OF THE CONTRACT Detailed list of modes of exploitation of the results

These results of the contract may be used for any of the following modes of exploitation: (a) regular use for its own purposes:  making available to the staff of the contracting authority;  making available to the persons and entities working for the contracting authority or cooperating with it, including contractors, subcontractors whether legal or natural persons, Union institutions, agencies and bodies, Member States’ institutions;  arranging, compiling, combining, retrieving;  copying, reproducing in whole or in part and in unlimited number of copies. (b) regular distribution to the public in hard copies, in electronic or digital format, on the internet and intranet including social networks as a downloadable or non-downloadable file; (c) occasional communication through press information services; 10/16

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(d) regular inclusion in widely accessible databases or indexes, such as via “open access” or ‘open data’ portals, or similar repositories, whether freely accessible or accessible only upon subscription; [(e) occasional modifications by the contracting authority or by a third party in the name of the contracting authority, including:  shortening;  summarising;  modifying the content, the dimensions;  making technical changes to the content (necessary correction of technical errors),  addition of new elements, paragraphs, titles, leads, bolds, legend, table of content, summary, graphics, subtitles, sound;  addition of metadata, for text and data-mining purposes; addition of right-management information; addition of technological protection measures;  preparation in audio form, preparation as a presentation, animation, pictograms story, slideshow, public presentation;  extracting a part or dividing into parts;  incorporating, including cropping and cutting, the results or parts thereof in other works, such as on websites and webpages  translating, inserting subtitles, dubbing in different language versions: languages used within the EU; (f) rights to authorise, license, or sub-license in case of licensed pre-existing rights, the modes of exploitation set out in any of the points (a) to (e) to third parties. (g) other adaptations which the parties may later agree; in such case, the following rules apply: the contracting authority must consult the contractor. If necessary, the contractor must in turn seek the agreement of any creator or other right holder and must reply to the contracting authority within one month by providing its agreement, including any suggestions of modifications, free of charge. The contractor may refuse the intended modification only if a creator can demonstrate that the intended modification may harm his/her honour or reputation, thereby violating his/her moral rights. The modes of exploitation may be defined in more details in the specific contract. 13.2.

Licence or transfer of pre-existing rights

Licence of pre-existing rights: All pre-existing rights incorporated in the results, if any, are licensed on a non-exclusive basis. By derogation to Article II.9.3 of the service contract, the Union acquires fully and irrevocably all preexisting rights incorporated in the results, if any. The acquisition of ownership of the pre-existing rights shall cover at least those modes of exploitation which are required for the purposes of this contract or the related specific contract. 13.3.

Provision of list of pre-existing rights and documentary evidence

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The contractor must provide the contracting authority with a list of pre-existing rights as set out in Article II.9.5 of the service contract together with the invoice for payment of the balance at the latest. 13.4.

Territorial scope and duration of exclusive rights

The territorial scope of the exclusive rights is worldwide. In case of a license, the duration of the exclusive rights is the entire duration of intellectual property rights protection. 13.5.

The territorial scope and duration of pre-existing rights

By derogation to Article II.9.3, the territorial scope of the licence of the pre-existing right incorporated in the results is limited to the following countries: worldwide, and their duration is limited in time: the entire duration of intellectual property rights protection.

14. 14.1.

INTELLECTUAL PROPERTY RIGHTS Definitions

‘Creator’: means any natural person who contributes to the production of the result. ‘Pre-existing material’: any material, document, technology or know-how which exists prior to the contractor using it for the production of a result in the implementation of this contract; ‘Pre-existing right’: any industrial and intellectual property right on pre-existing material; it may consist in a right of ownership, a licence right and/or right of use belonging to the contractor, the creator, the contracting authority as well as to any other third parties; ‘Result’: any intended outcome of the implementation of this contract, whatever its form or nature, which is delivered and finally or partially approved by the contracting authority. A result may be further defined in this contract as a deliverable. A result may, in addition to materials produced by the contractor or at its request, also include pre-existing materials. 14.2.

Ownership of the results and exclusive rights

The Union acquires irrevocably worldwide ownership of the results and of all intellectual property rights under the contract. The intellectual property rights so acquired include any rights, such as copyright and other intellectual or industrial property rights, to any of the results and in all technological solutions and information created or produced by the contractor or by its subcontractor in implementation of the contract. The contracting authority may exploit and use the acquired rights as stipulated in this contract. The Union acquires all the rights from the moment the contracting authority approves the results delivered by the contractor. Such delivery and approval are deemed to constitute an effective assignment of rights from the contractor to the Union. The payment of the price includes any fees payable to the contractor about the acquisition of ownership of rights by the Union including for all modes of exploitation and of use of the results. 14.3.

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The Union does not acquire ownership of pre-existing rights under this contract. The contractor licenses the pre-existing rights on a royalty-free, non-exclusive and irrevocable basis to the Union, which may use the pre-existing materials, including associated rights, for all the modes of exploitation set out in this contract or in specific contracts. All pre-existing rights are licensed to the Union from the moment the results are delivered and approved by the contracting authority. The licensing of pre-existing rights to the Union under this contract covers all territories worldwide and is valid for the duration of intellectual property rights protection. The payment of the price as set out in the specific contracts is deemed to also include any fees payable to the contractor in relation to the licensing and/or transfer of pre-existing rights by or to the Union, including for all forms of exploitation and of use of the results as defined in the special conditions or specific contracts, if any. Where implementation of the contract requires that the contractor uses pre-existing materials belonging to the contracting authority, the contracting authority may request that the contractor signs an adequate licence agreement. Such use by the contractor will not entail any transfer of rights to the contractor and is limited to the needs of this contract. 14.4.

Exclusive rights

The Union acquires the following exclusive rights: (a) reproduction: the right to authorise or prohibit direct or indirect, temporary or permanent reproduction of the results by any means (mechanical, digital or other) and in any form, in whole or in part; (b) communication to the public: the exclusive right to authorise or prohibit any display, performance or communication to the public, by wire or wireless means, including the making available to the public of the results in such a way that members of the public may access them from a place and at a time individually chosen by them; this right also include the communication and broadcasting by cable or by satellite; (c) distribution: the exclusive right to authorise or prohibit any form of distribution of results or copies of the results to the public, by sale or otherwise; (d) rental: the exclusive right to authorise or prohibit rental or lending of the results or of copies of the results; (e) adaptation: the exclusive right to authorise or prohibit any modification of the results; (f) translation: the exclusive right to authorise or prohibit any translation, adaptation, arrangement, creation of derivative works based on the results, and any other alteration of the results, subject to the respect of moral rights of authors, where applicable; (g) where the results are or include a database: the exclusive right to authorise or prohibit the extraction of all or a substantial part of the contents of the database to another medium by any means or in any form; and the exclusive right to authorise or prohibit the re-utilization of all or a substantial part of the contents of the database by the distribution of copies, by renting, by online or other forms of transmission; (h) where the results are or include a patentable subject-matter: the right to register them as a patent and to further exploit such patent to the fullest extent; (i) where the results are or include logos or subject-matter which could be registered as a trademark: the right to register such logo or subject-matter as a trademark and to further exploit and use it; 13/16

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(j)

where the results are or include know-how: the right to use such know-how as is necessary to make use of the results to the full extent provided for by this framework contract, and the right to make it available to contractors or subcontractors acting on behalf of the contracting authority, subject to their signing of adequate confidentiality undertakings where necessary; (k) where the results are documents: (i) the right to authorise the reuse of the documents; “reuse” means the use of documents by persons or legal entities of documents, for commercial or non-commercial purposes other than the initial purpose for which the documents were produced; (ii) the right to store and archive the results in line with the document management rules applicable to the contracting authority, including digitisation or converting the format for preservation or new use purposes; (l) where the results are or incorporate software, including source code, object code and, where relevant, documentation, preparatory materials and manuals, in addition to the other rights mentioned in this Article: (i) end-user rights, for all uses which result from this contract and from the intention of the parties, both by the Union or by subcontractors acting on behalf of the Union; (ii) the rights to decompile or disassemble the software; (m) the right to license, or sub-license in case of licensed pre-existing rights, to third parties any of the exclusive rights or of the modes of exploitation set out in this framework contract; (n) to the extent that the contractor may invoke moral rights, the right for the contracting authority, except where otherwise provided in this framework contract, to publish the results with or without mentioning the creator(s)’ name(s), and the right to decide when and whether the results may be disclosed and published. The contractor warrants that the exclusive rights and the modes of exploitation may be exercised by the Union on all parts of the results, be they created by the contractor or consisting of pre-existing materials. Where pre-existing materials are inserted in the results on contractor´s own initiative, the contracting authority may accept reasonable restrictions impacting on the above list, provided that the said materials are easily identifiable and separable from the rest, that they do not correspond to substantial elements of the results, and that, should the need arise, satisfactory replacement solutions exist, at no additional costs to the contracting authority. In such case, the contractor will have to clearly inform the contracting authority before making such choice and the contracting authority has the right to refuse it. 14.5.

Identification of pre-existing rights

When delivering the results, the contractor must warrant that, for any use that the contracting authority may envisage within the limits set in this contract, the results and the pre-existing material incorporated in the results are free of claims from creators or from any third parties and all the necessary pre-existing rights have been obtained or licensed. To that effect, the contractor must establish a list of all pre-existing rights to the results of this contract or parts thereof, including identification of the rights’ owners. If there are no pre-existing rights to the results, the contractor must provide a declaration to that effect. The contractor must provide this list or declaration to the contracting authority together with the invoice for payment of the balance at the latest.

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14.6.

Evidence of granting of pre-existing rights

The contractor must provide evidence that it has the ownership or the right to use all the listed preexisting rights, except for the rights owned or licensed by the Union. The contracting authority may request this evidence even after the end of this contract. This evidence may refer, for example, to rights to: parts of other documents, images, graphs, sounds, music, tables, data, software, technical inventions, know-how, IT development tools, routines, subroutines or other programs (‘background technology’), concepts, designs, installations or pieces of art, data, source or background materials or any other parts of external origin. This evidence must include, as appropriate: (a) the name and version number of a software product; (b) the full identification of the work and its author, composer, musician, developer, creator, translator, data entry person, graphic designer, publisher, editor, photographer, producer; (c) a copy of the licence to use the product or of the agreement granting the relevant rights to the contractor or a reference to this licence; (d) a copy of the agreement or extract from the employment contract granting the relevant rights to the contractor where parts of the results were created by its personnel; (e) the text of the disclaimer notice if any. Provision of evidence does not release the contractor from its responsibilities if it is found that it does not hold the necessary rights, regardless of when and by whom this fact is revealed. The contractor also warrants that it possesses the relevant rights or powers to execute the transfer and that it has paid or has verified payment of all due fees including fees due to collecting societies, related to the final results. 14.7.

Quotation of works in the result

In the result, the contractor must clearly point out all quotations of existing works. The complete reference should include as appropriate, the following: name of the author, title of the work, date and place of publication, date of creation, address of publication on the internet, number, volume and other information that allows the origin to be easily identified. 14.8.

Moral rights of creators

By delivering the results, the contractor warrants that the creators will not object to the following on the basis of their moral rights under copyright: (a) that their names be mentioned or not mentioned when the results are presented to the public; (b) that the results be divulged or not after they have been delivered in their final version to the contracting authority; (c) that the results be adapted, provided that this is done in a manner which is not prejudicial to the creator’s honour or reputation. If moral rights on parts of the results protected by copyright may exist, the contractor must obtain the consent of creators regarding the granting or waiver of the relevant moral rights in accordance with the applicable legal provisions and be ready to provide documentary evidence upon request. 15/16

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14.9.

Image rights and sound recordings

If natural persons appear in a result or their voice or any other private element is recorded in a recognisable manner, the contractor must obtain a statement by these persons (or, in the case of minors, by the persons exercising parental authority) giving their permission for the described use of their image, voice or private element and, on request, submit a copy of the permission to the contracting authority. The contractor must take the necessary measures to obtain such consent in accordance with the applicable legal provisions. 14.10.

Copyright notice for pre-existing rights

When the contractor retains pre-existing rights on parts of the results, reference must be inserted to that effect when the result is used as set out in Article I.15.1, with the following disclaimer: ‘© — year — European Union. All rights reserved. Certain parts are licensed under conditions to the EU’, or with any other equivalent disclaimer as the contracting authority may consider best appropriate, or as the parties may agree on a case-by-case basis. This does not apply where inserting such reference would be impossible, notably for practical reasons. 14.11.

Visibility of Union funding and disclaimer

When making use of the results, the contractor must declare that they have been produced under a contract with the Union and that the opinions expressed are those of the contractor only and do not represent the contracting authority’s official position. The contracting authority may waive this obligation in writing or provide the text of the disclaimer.

15.

AGREEMENT WITH THE TERMS AND CONDITIONS Submission of an application implies acceptance of the terms and conditions laid down in this call for expression of interest and all the annexes thereto.

Mauro DE OLIVEIRA Head of Finance Unit, Authorising Officer responsible Directorate-General for External Policies Annexes: I. Application Form (to be completed by the applicant) II. Financial Identification Form (to be completed by the applicant) III. Declaration on honour (to be completed by the applicant) IV. Draft Order Form and Service contract V. Information on the European Parliament’s environmental policy VI. Style Guide VII. Layout template

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