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European Climate Infrastructure and Environment Executive Agency

Deliberations of the CEF Transport Advisory Group on the Consortium Agreements

During the deliberations of the Advisory Group, some members have noted their positive experience from the existence of "consortium agreements" in the management of CEF Actions. Feedback collected from beneficiaries demonstrated that most of the multi-beneficiary CEF projects have signed a consortium agreement and that a model consortium agreement would be beneficial, although such an agreement is not legally required under the CEF programme.

In the H2020 research programme, in line with the Annotated Model Grant Agreement, Article 41.3 the beneficiaries of an Action (multi-beneficiary) "must have internal arrangements regarding their operation and coordination to ensure that the action is implemented properly. These internal arrangements must be set out in a written 'consortium agreement' between the beneficiaries".

The Advisory Group members, Martin Böhm, Henrik Tornblad and Arto Tevajärvi, have further worked on the issue and identified that apart from the H2020 guidelines in drawing a consortium agreement, other available sources are the DESCA (Development of a Simplified Consortium Agreement) and FIDIC (International Federation of Consulting Engineers) models, which beneficiaries may consult when drafting their consortium agreements.

CINEA supports, in principle, the notion of such consortium agreements between beneficiaries of a multi-beneficiary CEF Action, as a means to facilitate the proper implementation of the Action. CINEA notes that such an agreement is not compulsory under the CEF rules and the beneficiaries are free to develop the agreement that covers best the needs of their Action.

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