What has changed in the consortium agreement template?
1. The succession of the ministry has been reflected
In footnotes 1 and 2, the Ministry of Transport and Investment has been introduced as the legal successor of the Ministry of Construction and Transport.
2. The allocation of calculated costs may also be specified in fixed amounts
The amendment to section 3.4a makes it possible for the distribution of calculated costs among consortium members to be specified not only as a percentage, but also as a fixed amount.
In practice, this allows for a more precise and clearer allocation of costs between consortium partners.
3. Clarification regarding simplified cost accounting
The third paragraph of section 3.6 regulates how consortium members are to share responsibility for substantiating the results of an activity financed through simplified cost accounting.
The amendment therefore clarifies the responsibility of consortium members in relation to the proper substantiation of results.
4. Verbal consultation may also take place electronically
The second paragraph of section 4 clarifies that verbal consultation may take place not only in person, but also via electronic communication tools.
5. The evidentiary value of the signature specimen has also been clarified
Under section 10.4, a signature specimen countersigned by an attorney or registered in-house legal counsel has the same evidentiary value as an official signature card.
The changes must be implemented in all relevant consortia
The notice clearly draws attention to the fact that the relevant changes must be incorporated in the case of all consortia concerned.
Beneficiaries concerned should therefore review whether the consortium agreement they are using complies with the amended template and, if necessary, make the required changes.
The General Terms and Conditions have also been amended
Due to a legislative change, the document entitled “General Terms and Conditions for Grant Agreements to Be Concluded with Beneficiaries Receiving Support under Programmes in the 2021-2027 Programming Period” has also been amended.
As a result of the repeal of Government Decree 1830/2016 (XII. 23.), the obligation of the beneficiaries concerned to provide data to the Central State Investment Control System has ceased.
Accordingly, the sentence referring to this obligation has been deleted from section 9.1 of the General Terms and Conditions.
What should be reviewed now?
Applicants and beneficiaries concerned should review:
- the consortium agreement they are currently using,
- the allocation of calculated costs among consortium members,
- the rules on responsibility related to simplified cost accounting,
- the provisions governing communication and consultations,
- and the requirements relating to signature documents.
The most important task is to ensure that the relevant amendments are properly incorporated into the documents of all affected consortia.
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