Common use of USE OF IN-KIND CONTRIBUTIONS PROVIDED BY Clause in Contracts

USE OF IN-KIND CONTRIBUTIONS PROVIDED BY. THIRD PARTIES AGAINST PAYMENT 9.1 Rules for the use of in-kind contributions against payment If necessary to implement the specific action, the KIC Partners may use in-kind contributions provided by third parties against payment. The KIC Partners may declare costs related to the payment of in-kind contributions as eligible (see Article 5), up to the third parties’ costs for the seconded persons, contributed equipment, infrastructure or other assets or other contributed goods and services. 14 Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public work contracts, public supply contracts and public service contracts (OJ L 134, 30.04.2004, p. 114). 15 Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (OJ L 134, 30.04.2004, p. 1). The third parties and their contributions must be set out in Annex 1. The EIT may however approve in-kind contributions not set out in Annex 1 without amendment (see Article 61 FPA), if: - they are specifically justified in the final report, and - their use does not entail changes to the Specific Agreement which would call into question the decision awarding the specific grant or breach the principle of equal treatment of applicants or the KICs. The KIC Partners must ensure that the EIT, the Commission, the European Court of Auditors (ECA) and the European Anti-Fraud Office (OLAF) can exercise their rights under Articles 28 and 29 of the Framework Partnership Agreement also towards the third parties.

USE OF IN-KIND CONTRIBUTIONS PROVIDED BY. THIRD PARTIES AGAINST PAYMENT 9.1 Rules for the use of in-kind contributions against payment If necessary to implement the specific action, the KIC Partners may use in-kind contributions provided by third parties against payment. The KIC Partners may declare costs related to the payment of in-kind contributions as eligible (see Article 5), up to the third parties’ ' costs for the seconded persons, contributed equipment, infrastructure or other assets or other contributed goods and services. 14 Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public work contracts, public supply contracts and public service contracts (OJ L 134, 30.04.2004, p. 114). 15 Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (OJ L 134, 30.04.2004, p. 1). The third parties and their contributions must be set out in Annex 1. The EIT may however approve in-kind contributions not set out in Annex 1 without 1without amendment (see Article 61 FPA61FPA), if: - they are specifically justified in the final report, and - their use does not entail changes to the Specific Agreement which would call into question the decision awarding the specific grant or breach the principle of equal treatment of applicants or the KICs. The KIC Partners must ensure that the EIT, the Commission, the European Court of Auditors (ECA) and the European Anti-Fraud Office (OLAF) can exercise their rights under Articles 28 and 29 of the Framework Partnership Agreement FPA also towards the third parties. • Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (OJ L 134, 30.04.2004, p. 1). • Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement b entities operating in the water, energy, transport and postal services sectors and repealin Di8 2004/17/EC (OJ L 94, 28.03.2014, p. 243).