waterways forward partnership agreement delft, 12 february 2010 kick-off meeting

  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