Consortium Agreement

What is a consortium agreement? A consortium agreement is concluded for projects covered by the EU research and development grant programme from 2014 to 2020 (Horizon 2020). The consortium agreement is concluded between grant recipient partners, other than the Grant Agreement, which sets out all the financial and legal conditions to receive the EU grant. The consortium agreement is necessary to establish the arrangements between the parties receiving the grant. The conclusion of such an agreement is mandatory for many Horizon 2020 projects.

Content of the Consortium Agreement

When concluding a consortium agreement, only the grant partners are involved. The European Commission is neither a party to nor involved in this agreement. This agreement sets out further arrangements regarding payments, liability, intellectual property rights and licences.

This agreement must be up to date and focused on the specific Horizon 2020 project. When drawing up a consortium agreement, an assessment must be made of which aspects are essential for the smooth implementation of the grant project in question. The necessary conditions will be included in the agreement.

Model agreement

A widely used model consortium agreement is the DESCA 2020 model agreement. The agreement is current and applicable to Horizon 2020 projects. This model can be seen as a starting point to come to an adequate consortium agreement. It is important that for each specific project it is checked whether all the necessary conditions and aspects are included in the agreement. This means that changes are often made to the model agreement.

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Do you need assistance in drawing up a Consortium Agreement? Or would you like to have an existing consortium agreement assessed for possible risks? Our legal experts will be happy to assist you. Feel free to contact us for more information.

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Frank Blatter

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