All partners have to follow the hierarchy of rules as described in chapter B.5. This means that they must primarily comply with the rules and regulations (including any subsequent amendments made to these rules and regulations), which are part of the Programme’s legal framework, as referred to in the same chapter.
C.3.1 Main responsibilities of the lead partner
A lead partner represents the project. It is the sole contractor and project contact point to the MA/JS. It is responsible for the project and financial management, as well as project communication.
This means that a lead partner has the following main responsibilities:
1. Project Management
Drafting the project application in cooperation with the project partners and submitting it to the MA/JS;
Laying down the arrangements with the project partners in a partnership agreement fulfilling the requirements set out in chapter C.6.2;
REGULATION (EU) 2021/1059, Article 26 (1) (a)
Assuming responsibility for ensuring implementation of the entire project . This includes:
REGULATION (EU) 2021/1059, Article 26 (1) (b)
Signing the subsidy contract with the MA/JS;
Developing and maintaining an effective and reliable project implementation system (strategic and operational management);
Appointing a project manager (one person can also have several positions, e.g. be project and/or financial and/or communication manager at the same time);
Securing achievement of the planned progress on the project, in particular by co-ordinating activities among partners and supervising completion of tasks, deliverables and outputs;
Supporting communication within the project partnership and delivering Programme related information to the project partners;
Ensuring communication with the MA/JS, as well as responding to the MA/JS and providing requested information without undue delay;
Reporting on the progress of activities to the MA/JS on time and in line with the reporting requirements in the relevant project type chapter;
Informing the MA/JS immediately about all circumstances that delay, hinder or make impossible the realisation of the project as well as all circumstances that necessitate a change of the disbursement conditions or which would entitle the MA/JS to terminate this subsidy contract, to discontinue payments or to demand repayment of the co-financing in full or in part;
Using BAMOS+. This includes:
Exchanging documents and data with the MA/JS via BAMOS+;
Keeping the project data in BAMOS+ updated;
Respecting the terms and conditions for the use of BAMOS+
2. Financial Management
Ensuring that the expenditure which the partners present and submit to the MA/JS is in accordance with the requirements . This includes:
REGULATION (EU) 2021/1059, Article 26 (1) (c)
Developing and maintaining a sound financial management¹ system, e.g. securing efficient use of the project’s resources;
¹ REGULATION (EU, Euratom) 2018/1046. Article 33
Appointing a financial manager (one person can also have several positions, e.g. be project and/or financial and/or communication manager at the same time);
Reporting on the progress of finances and request payments from the MA/JS on time and in line with the reporting requirements in the relevant project type chapter;
Compliance with the rules on eligibility of expenditure as stipulated in the eligibility rules in the relevant project type chapter and taking measures so that project partners also comply;
Ensuring that all expenditure that project partners report has been incurred and paid for the project and corresponds to the activities agreed between all the project partners;
Monitoring the project spending plan against the total project budget and each partner’s budget;
Ensuring that the expenditure that project partners present in cost categories for which the Programme requires control has been verified and certified by a controller;
Ensuring that each partner with a decentralised control system has reserved sufficient budget for this control;
Assisting any control, MA/JS check, audit and evaluation and make available all documentary evidence required for these purposes, provide necessary information and give access to business premises;
Ensuring efficient cooperation between the controllers and the project partners, as well as between the MA/JS and the project partners.
Receiving payments from the MA/JS and being responsible for internal allocation and further disbursement of grants to project partners in line with the requirements in chapter N.1.
If the Programme demands repayment of an amount already paid to the project from the co-financing awarded, the lead partner ensures that any repayment is in accordance with the subsidy contract and the procedure described in chapter Q.
3. Project communication
Carrying out information, communication and publicity measures about the project activities in line with chapter I.1;
Appointing a communication manager that takes on the roles and responsibilities set out in chapter I.2 (one person can also have several positions, e.g. be project and/or financial and/or communication manager at the same time);
Maintaining and updating the project’s subpage on the Programme portal in accordance with chapter I.3;
Providing obligatory inputs to Programme communication as required in chapter I.4;
Ensuring that any notice, publication or marketing product by the project, including those provided at events, complies with the visibility rules in chapter I.5;
Providing the MA/JS, European Union institutions, bodies, offices or agencies with any communication materials under a licence in compliance with the requirements in chapter I.7;
Taking full responsibility for the content of any piece of information, publication, audio-visual material and marketing product provided to the MA/JS which has been developed by the project. The lead partner is liable in case of third-party claims for damages (e.g. because of an infringement of a copyright) and will indemnify the Programme in case it suffers any damage because of the content of the said material.
3. Complying with the responsibilities after project closure set out in chapter O.
C.3.2 Main responsibilities of the project partners
A project partner has the following main obligations:
1. Project implementation and management
Appointing a project manager;
Being familiar with and adhering to the content of the subsidy contract and the provisions it is based on and refers to;
Being familiar with and adhering to the latest approved version of the application;
Completing all activities, deliverables and outputs as planned in the application and agreed in the partnership agreement;
Possessing sufficient technical and human resources to implement the project’s activities;
Providing proof of progress in the implementation of project activities and the achievement of output in accordance with the partnership agreement;
Informing the lead partner immediately about all circumstances that delay, hinder or make impossible the realisation of the project as well as all circumstances that mean a change of the disbursement conditions or which would entitle the MA/JS to terminate the subsidy contract, to discontinue payments or to demand repayment of the co-financing in full or in part;
Using BAMOS+. This includes:
Submitting partner reports via BAMOS+;
Respecting the terms and conditions for the use of BAMOS+.
2. Financial Management
Complying with the rules on eligibility of expenditure which the relevant project type chapter provides;
Securing liquidity for pre-financing project activities;
Securing sufficient financial resources to provide its own financial contribution to its partner budget in the project;
Guaranteeing a sound financial management of the budget as indicated in the last approved version of the application;
Ensuring that the eligibility of the project-related expenditure, in cost categories for which the Programme requires a control, is confirmed by designated controller and ensuring efficient cooperation with the controller;
Upon request, submitting to the lead partner the accounting reports or other documents, including copies of all pieces of evidence (receipts, invoices or accounting documents of equivalent probative value, documents relating to tender, bank statements, etc.);
Assisting the lead partner in any control, MA/JS check, audit and evaluation and make available all documentary evidence required for these purposes, provide necessary information and give access to business premises;
Being responsible for any irregularity in the declared expenditure;
Repaying the lead partner any amounts unduly paid and complying with any request for repayment by the MA/JS and/or the lead partner in accordance with the partnership agreement, the subsidy contract and chapter Q on arrangements for projects facing difficulties or failing to comply with Programme requirements;
Keeping the ownership of productive investments and investments in infrastructure in accordance with the rules in chapter O.1.
3. Project communication
Carrying out information, communication and publicity measures for the public about the project activities in line with chapter I.1;
Supporting the Communication manager of the project in meeting the responsibilities set out down in chapter I.2;
Providing input to the lead partner for the project’s subpage on the Programme portal in accordance with chapter I.3;
Supporting the lead partner in providing obligatory inputs to Programme communication as required in chapter I.4;
Respecting the visibility rules in chapter I.5;
Providing the MA/JS, European Union institutions, bodies, offices or agencies with any communication materials under a licence in compliance with the requirements in chapter I.7.
