DESCA (Development of a Simplified Consortium Agreement) is a comprehensive consortium agreement template that provides a reliable frame of reference for project consortia. desca-2020.eu/ First steps: Current template to download NOTE: DESCA is a template that needs to be adapted to the circumstances of the respective project. Especially for projects with lump sum funding, you can change the text, especially with regard to financial management and decision-making. Horizon 2020`s participation and dissemination rules require the members of a consortium to conclude an internal agreement (called a consortium agreement) to define their rights and obligations with regard to the implementation and organisation of the action in accordance with the grant agreement. The consortium agreement is a private agreement between the beneficiaries of the Horizon 2020 grant. Download DESCA for Horizon Europe with more information on typical talking points in the explanatory notes in PDF format: DESCA for Horizon Europe Model CA Version 1.0 (with explanatory notes) This model consortium agreement was developed by the European Council for Automotive R&D and is used by EUCAR members and other institutions in the framework of projects co-funded by the EU. www.eucar.be/ Since the consortium agreement is indeed a commercial agreement, we recommend the services of legal counsel with experience in drafting such agreements. MCARD is the consortium agreement model developed by DIGITALEUROPE, whose members include IT, telecommunications and consumer electronics companies as well as national associations from all regions of Europe. www.digitaleurope.org/ DESCA, the most widely used model of the consortium agreement in Horizon 2020, has now been updated for use in Horizon Europe projects. The revised template takes into account the requirements arising from the rules of the new EU Framework Programme Horizon Europe and the experience of the user community in working with DESCA 2020, as well as other legal developments. An overview of all changes and additions can be found here.
Model consortium agreements are not approved by the Commission – they are model agreements developed as models by different organisations and which can serve as checklists, starting points or frameworks for the development of a consortium agreement that meets the specific criteria, needs and requirements of the respective partners and given projects. These are not universal agreements. The European Commission provides general guidance for the preparation of consortium agreements, but does not, quite rightly, approve a specific model consortium agreement. More information DESCA (Development of a Simplified Consortium Agreement) is the most popular of several Horizon Europe consortium agreement templates. It is the result of a cooperation project supported by the European Commission. Its result is a consortium agreement template that anyone can use as the basis for a particular consortium agreement for a particular project. The updated DESCA consortium agreement template for Horizon Europe has not yet been published, for now you can preview the Horizon 2020 template, which can be downloaded for free. The consortium agreement complements the grant agreement for Horizon Europe. While the grant agreement defines the binding legal relationship between the European Commission and the project partners, the consortium agreement defines and regulates the relationship between the partners themselves. Unlike the grant agreement (which is fixed and cannot be amended), the Horizon Europe consortium agreement is essentially a commercial agreement between the partners. As such, it is flexible and can be adapted to the specific needs of the project and its partners.
Remember that once the Horizon Europe project is funded, a consortium of partners will work together for a long time. For this reason, it is very important to have a binding agreement that takes into account the different expectations, requirements and circumstances that may arise. A consortium agreement is a binding contract signed between the partners of a Horizon Europe cooperation project. The Horizon Europe grant agreement (Article 7) provides: `Beneficiaries shall have internal arrangements for their operation and coordination in order to ensure the proper implementation of the action.`; So what do you need to know about this agreement? What is the recommended process for creating an agreement? Read on to learn more. In order to make the most of time and resources, the right time to draw up this agreement is therefore immediately after the notification 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. DESCA is a simple and comprehensive consortium agreement template that is freed from any unnecessary complexity in content and language. Desca`s modular structure with different options and alternative modules and clauses offers maximum flexibility.
Great care has been taken to ensure that these variants are consistent with the basic text. Explanatory notes with concrete examples and detailed explanations of the different options and clauses are provided throughout the model. This advice will help research directors without legal training and new participants in EU projects to make informed decisions on the best formulations to protect their interests. There is a clear motivation to start drafting the agreement as soon as possible. This may be during the proposal preparation phase, when operational relationships between partners are formed and tasks are assigned. It is good practice to ensure that the project is well planned, including all legal aspects, before it is submitted. This practice can help avoid unwanted disputes between partners later on. Although it is not mandatory, we recommend that you refer to DESCA`s structure and guidelines when drafting a consortium agreement. .