Annex 5FRAMEWORK ADMINISTRATIVE AGREEMENT (the “Agreement”)betweenthe EUROPEAN UNION (the EU)andthe ORGANISATION FOR ECONOMIC CO-OPERATION ANDDEVELOPMENT (the "OECD" or the "Organisation")on actions administered by the Organisation for Economic Co-operation and Developmentand funded or co-funded by the EUPreamble1. WHEREAS, it is recalled that article 220 of the Treaty on the Functioning of the European Union callson the EU to establish all appropriate forms of cooperation with the Organisation for Economic Cooperation and Development and that the Supplementary Protocol N 1 to the OECD Convention accordsthe EU a special status within the Organisation;2. WHEREAS, the OECD and the EU, represented by the European Commission "the Commission”,referred to individually as a “Party” and collectively as “Parties”, acknowledge the need to define anenabling environment in order to facilitate effective cooperation within the legal and policy frameworksof each of the Parties and, with the EU acting in full respect of the EU Financial Regulations1;3. WHEREAS, the Commission acts in its capacity to manage the EU's budget and the EuropeanDevelopment Fund and, under the EU Financial Regulation, may implement the EU budget directly orindirectly by entrusting budget implementation tasks to the OECD.4. WHEREAS, the Parties entered into a framework agreement on 4th April 2006 (the "OriginalAgreement"), which due to certain changes in the rules and regulations of the Parties, the Parties nowdesire to restate;5. WHEREAS, the Commission has developed standard contractual arrangements for managing the EUfunds under both Indirect Management and Direct Management (Pillar Assessed Grant Or DelegationAgreement, hereinafter: "PAGoDA”), adopted by Commission Decision C(2015)XXXX which are1Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council, of 25 October 2012, onthe financial rules applicable to the general budget of the Union (OJ L 298, of 26 October 2012, pp. 1-96), and theRegulation (EU) 2015/323 of 2 March 2015 on the financial regulation applicable to the 11th European DevelopmentFund (OJ L 58, of 3 march 2015, pp.17-38).1
applicable to both EU External and Internal Policies, except in the fields of humanitarian aid and research(e.g. Horizon 2020 Programme), which provide such enabling environment;6. WHEREAS, this Agreement aims, primarily, at taking into account the specificities of the OECD inthe implementation of the standard provisions of PAGoDA, in order to simplify the contractualnegotiations;7. WHEREAS, the provisions of this Agreement refer to the version of PAGoDA applicable at thesignature of this Agreement and are applicable mutatis mutandis to its subsequent amendments;8. WHEREAS, the OECD is promptly informed of such amendments and has the right to provide itsobservations and terminate the Agreement in case of disagreement;9. WHEREAS, this Agreement is subject to the positive assessment of the OECD pillars conducted onthe basis of the terms of reference elaborated by the Commission based on Article 60.2 of the EUFinancial Regulation (the "pillars assessment");10. WHEREAS, until the pillars assessment is finalised, the Commission deems that, based on thepositive outcome of the institutional assessment dated 17 May 2010 and on the long-standing andproblem-free cooperation with the OECD, this Agreement and further contracts covered by thisAgreement can be signed;11. WHEREAS, any budgetary commitment on behalf of the EU under this Agreement is subject to theconclusion of a specific delegation or grant agreement.NOW, THEREFORE, the Parties hereto agree as follows:I. Scope of the Agreement1. For actions administered by the OECD and financed or co-financed by the EU where such financing orco-financing is entrusted by the Commission or the Partner Country to the OECD under IndirectManagement, the PAGoDA provisions for Delegation Agreement (Special Conditions for EU DelegationAgreement and its Annexes) shall apply with the provisions set out in Part II of this Agreement, unlessotherwise agreed and subject to the positive outcome of the OECD pillars assessment;2. For actions administered by the OECD and financed or co-financed by the EU where such financing orco-financing is qualified as “PA Grant” and is provided to the OECD either by the Commission underDirect Management or by the Partner Country, the PAGoDA provisions for PA Grants (SpecialConditions for PA Grant Agreement and its Annexes) shall apply with the provisions set out in Part III ofthis Agreement, unless otherwise agreed.3. The Parties further agree on specific verification provisions applicable to all actions funded or cofunded by the EU. The verification provisions apply also when the OECD takes part in actions financed2
or co-financed by the EU as Sub-Delegatee (in a Delegation Agreement), Co-Beneficiary (in a PA Grant)or Grant Beneficiary/ recipient of financial support.4. The Parties will further conclude an Administrative Cooperation Arrangement in order to set out thecooperation between the OECD and OLAF for the implementation of the provisions of Article 17 of theGeneral Conditions of the PAGoDA and any other similar provisions concerning OLAF operations infunding agreements between the EU and the OECD.5. The Parties also commit themselves to cooperate in order to interpret and apply in a coherent andconsistent manner these contractual arrangements while keeping in mind the specificities of the OECD asan intergovernmental organisation and to consult with each other when necessary on all matters arisingout of this Agreement.6. Commission Decision C(2015)XX of XX.XX.2015 (the “Commission Decision”) authorisesreimbursement of costs declared by the OECD on the basis of unit costs and the use of flat-rate financingfor activities implemented by the OECD under this Agreement. The Commission Decision may need tobe amended to incorporate new unit costs and flat rates and/or changes to the methods used to determineunit costs or flat rates.II. Provisions applicable to Delegation Agreements1. Supplementary provisions1.1 Article 7 of the Special Conditions of each Delegation Agreement signed between the Parties shallstate:7(1)The following shall supplement the General Conditions:“7.1.1 Articles 8.2 and 9.2 of the General Conditions are hereby supplemented by the following:The provisions regarding publications (including visibility, disclaimers and intellectual property)shall be subject to the Framework Agreement on publications between the OECD and the EU inforce at the date of the publication".“7.1.2 Articles 18.1(a)(i), and 18.1(a)(ii) of the General Conditions are hereby supplemented by thefollowing:The OECD may declare costs as acceptable expenditure on the basis of unit costs in accordance withthe Commission Decision.In accordance with the Commission Decision, the acceptable costs of the Part I per personchargeback may not exceed 6 %2 of the final amount of the Contracting Authority’s contribution.”“7.1.3 Article 18.4 of the General Conditions is hereby replaced by the following:2unless a higher rate is provided in a Commission decision3
In accordance with the Commission Decision, where the OECD carries out tasks other than BudgetImplementation Tasks, the remuneration of the OECD for the implementation of the Action underPart I and Part II of the OECD Programme of Work shall take the form of the flat-rate contributionfor the VC administration costs not exceeding the percentage set out in the prevailing OECD CouncilDecision3 within the limit of 6.54% of the final amount of the Contracting Authority’s contribution.”1.2 Article 3(2) of the Special Conditions of each Delegation Agreement signed between the Parties shallbe replaced by the following:“3.2. RemunerationThe remuneration of the Organisation (or the Sub-delegatees) by the Contracting Authority for theimplementation of the activities entrusted under this Agreement shall be enter percentage notexceeding 5% 0.5% for customisation 1.04% for hybrid cases, i.e. not exceeding 6.54% forhybrid cases % of the final amount of the Contracting Authority’s contribution."2. Derogation provisions2.1. For EU External Actions involving sub-delegation, the reporting deadline for progress reports shallbe extended to 90 days and the Parties may agree in the Special Conditions of a Delegation Agreement ona period for submitting the final report longer than the six-month period set out in Article 3.8 of theGeneral Conditions.For non-EU External Actions, if justified in view of the nature or level of complexity of the Action, theParties may agree in the Special Conditions of a Delegation Agreement on a period for submitting thefinal report longer than the three-month period set out in Article 3.8 of the General Conditions.In such cases, the following provision shall be added in Article 7(2) of the Special Conditions:7.2.The following derogations from the General Conditions shall apply:"7.2.1. By derogation from Article 3.8 of the General Conditions, [progress reports shall besubmitted at the latest 90 days after the end of the reporting period][and][the final report shall besubmitted at the latest [ ] months after the end of the Implementation Period]."2.2. With respect to Article 13.1 of the General Conditions, the following provision shall be added inArticle 7(2) of the Special Conditions of each Delegation Agreement signed between the Parties:“7.2.3 The first sentence of Article 13.1 of the General Conditions is replaced by the following:‘Without prejudice to any other provisions of these General Conditions and with due regard to theprinciple of proportionality, the Contracting Authority may terminate the Agreement if theOrganisation or Sub-delegatees ( )’".3At the date of signature of this Agreement, the base rate is 6.3% of the total amount of the contribution to whichadjustments may apply (see OECD Council Decisions C(2009)158 and BC(2011)40). The applicable adjustmentsare set out in OECD Council Decision C(2009)158.4
3. Interpretative provisions3.1 The additional information requested by the Commission under Article 3.5 of the General Conditionsshall be reasonable and relevant. This Article shall not be used to impose additional reportingrequirements or to carry out a desk review, verification or audit.3.2 With respect to Article 12.9 of the General Conditions, the assessment of the impossibility orexcessive difficulty of the implementation may be based on an unacceptable risk to the security of anypersonnel and experts involved in the implementation of the action. The Organisation may, in particular,cancel some or all of the scheduled activities if such a situation arises.3.3 With respect to Article 18.1 of the General Conditions, it is understood that the VAT paid by theOECD on the purchase of goods and services from which the OECD is not exempted (by virtue ofprivileges and immunities which it enjoys under its Convention or a privileges and immunities agreementwhich the OECD has entered) and which the OECD may not deduct is an acceptable expenditure.3.4 In Article 20.3 of the General Conditions the term “in proportion to the seriousness of the abovementioned situations” is meant to entail comprehensively the nature of the obligation, the type of breachand its effects.3.5 With respect to Article 3.2 of the Special Conditions, it is understood that the Contracting Authoritywill refuse to enter into an agreement under which the OECD would carry out only BudgetImplementation Tasks if the application of the OECD Council Decision results in a rate which exceeds5.5% of the final amount of the Contracting Authority's contribution.III. Provisions applicable to PA Grants1. Supplementary provisions1.1 Article 7 of the Special Conditions of each PA Grant Agreement signed between the Parties shallstate:“7.1.1 Articles 8.2 and 9.2 of the General Conditions are hereby supplemented by the following:The provisions regarding publications (including visibility, disclaimers and intellectual property)shall be subject to the Framework Agreement on publications between the OECD and the EU inforce at the date of the publication".“7.1.2 Articles 25.1, 25.2 and 25.6 of the General Conditions are hereby supplemented by thefollowing:The OECD may declare costs as eligible on the basis of unit costs and may receive a flat-ratecontribution in accordance with the Commission Decision.Article 25.2 of the General Conditions shall not apply to the unit costs and flat rates covered by theCommission Decision.5
In accordance with the Commission Decision, the eligible costs of the Part I per person chargebackmay not exceed 6 %4 of the final amount of the Contracting Authority’s contribution.In accordance with the Commission Decision, for Actions implemented under Part I and Part II ofthe OECD Programme of Work, the contribution to the OECD VC administration costs shall take theform of the flat rate not exceeding the percentage set out in its prevailing OECD Council Decision5within the limit of 6.54% of the final amount of the Contracting Authority’s contribution.”Article 3(3) of the Special Conditions of each PA Grant Agreement signed between the Parties shallbe replaced by the following:“3.3 Notwithstanding Article 25.6 of the General Conditions:- the eligible costs of the Part I per person chargeback may not exceed 6 %6, of the finalamount of the Contracting Authority’s contribution.- the eligible VC administration costs shall be covered by a flat-rate contribution of enter percentage, maximum 6.54 % % of the final amount of the ContractingAuthority’s contribution.”2. Derogation provisions2.1. For EU External Actions involving Co-Beneficiaries, the reporting deadline for progress reports shallbe extended to 90 days and the Parties may agree in the Special Conditions of a Grant Agreement on aperiod for submitting the final report longer than the six-month period set out in Article 3.8 of the GeneralConditions.For non-EU External Actions, if justified in view of the nature or level of complexity of the Action, theParties may agree in the Special Conditions of a Grant Agreement on a period for submitting the progressreports longer than the 60-day period set out in Article 3.8 of the General Conditions and on a period forsubmitting the final report longer than the three-month period set out in Article 3.8 of the GeneralConditions.In such cases, the following provision shall be added in Article 7(2) of the Special Conditions:7.2.The following derogations from the General Conditions shall apply:"7.2.1. By derogation from Article 3.8 of the General Conditions, [progress reports shall besubmitted at the latest [ ] days after the end of the reporting period][and][the final report shall besubmitted at the latest [ ] months after the end of the Implementation Period]."4unless a higher rate is provided in a Commission decisionAt the date of signature of this Agreement, the base rate is 6.3% of the total amount of the contribution to whichadjustments may apply (see OECD Council Decisions C(2009)158 and BC(2011)40). The applicable adjustmentsare set out in OECD Council Decision C(2009)158.6unless a higher rate is provided in a Commission decision56
2.2. With respect to Article 13.1 of the General Conditions, the following provision shall be added inArticle 7(2) of the Special Conditions:“7.2.3 The first sentence of Article 13.1 of the General Conditions is replaced by the following:"Without prejudice to any other provisions of these General Conditions and with due regard to theprinciple of proportionality, the Contracting Authority may terminate the Agreement if theOrganisation or Sub-delegatees ( )".3. Interpretative provisions3.1 The additional information requested by the Commission under Article 3.5 of the General Conditionsshall be reasonable and relevant. This Article shall not be used to impose additional reportingrequirements or to carry out a desk review, verification or audit.3.2 With respect to Article 12.9 of the General Conditions, the assessment of the impossibility orexcessive difficulty of the implementation may be based on an unacceptable risk to the security of anypersonnel and experts involved in the implementation of the action. The Organisation may, in particular,cancel some or all of the scheduled activities if such a situation arises.3.3 With respect to Article 25.1 of the General Conditions, it is understood that the VAT paid by theOECD on the purchase of goods and services from which the OECD is not exempted (by virtue ofprivileges and immunities which it enjoys under its Convention or a privileges and immunities agreementwhich the OECD has entered) and which the OECD may not deduct is an eligible cost.3.4 In Article 27.3 of the General Conditions the term “in proportion to the seriousness of the abovementioned situations” is meant to entail comprehensively the nature of the obligation, the type of breachand its effects.3.5. With respect to Annex III, it is understood that the costs of the Part I per person chargeback and theflat-rate contribution to the VC administration costs will be indicated under specific dedicated budgetcategories.7
IV. Specific Contact points1. The Contact points within the OECD having the appropriate powers to co-operate directly with theEuropean Anti-Fraud Office (OLAF) in order to facilitate the latter’s operational activities are:Angel GurriaSecretary-General2. The OECD’s Contact point on questions related to Central Exclusion Database is:Anthony J. RottierExecutive Director3. All communications related to this Framework Agreement will be directed to:a) For OECD:Anthony J. RottierExecutive DirectorOrganisation for Economic Co-operation and Development2 rue André Pascal75775, Paris Cedex 16, Franceb) For the Commission:European CommissionDirectorate General for International Cooperation and Development - EuropaidFor the attention of the Head of Unit of Legal AffairsRue de la Loi 41B-1040 BruxellesThe Parties will inform each other in writing without delay of any change in the abovementioned contact points.V. Entry into force, termination, amendments1. This Agreement shall enter into force on the date the latter of the Parties duly signs. From this date theOriginal Agreement is replaced by the present Agreement.2 This Agreement may be reviewed after a period of 12 months in the light of the results obtained.3. This Agreement shall not affect contracts entered into force between OECD and the Commission priorto the date of its entry into force, unless otherwise agreed on a case by case basis by the Parties in writing.4. The Parties undertake to promote regular exchange of information on all matters arising out of thisAgreement.5. Any amendment to this Agreement shall be done in writing by exchange of letters between the Parties.8
6. Either Party may terminate this Agreement by serving six months written notice. Unless the Partiesagree otherwise, the contracts governed by the terms of this Agreement which entered into force beforethe date of termination, shall not be affected by the termination.***IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Agreement.For the CommissionFor the Organisation for Economic Co-operationand Development( )Angel GurriaOn behalf of the European UnionSecretary-General9
the ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT (the "OECD" or the "Organisation") on actions administered by the Organisation for Economic Co-operation and Development and funded or co-funded by the EU Preamble 1. WHEREAS, it is recalled that article 220 of the Treaty on the Functioning of the European Union calls on the EU to establish all appropriate forms of cooperation with the .
May 02, 2018 · D. Program Evaluation ͟The organization has provided a description of the framework for how each program will be evaluated. The framework should include all the elements below: ͟The evaluation methods are cost-effective for the organization ͟Quantitative and qualitative data is being collected (at Basics tier, data collection must have begun)
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