Ref. Ares(2012)944302 - 03/08/2012 SPECIFIC CONTRACT No 1 implementing Framework Contract No MARE/2011/01 "Evaluation and impact assessment activities for the Directorate-General for Maritime Affairs and Fisheries" Lot 1 "Retrospective and prospective evaluations on integrated maritime policy" SI2. The European Union (hereinafter referred to as "the Union"), represented by the European Commission (hereinafter referred to as "the Commission"), which is represented for the purposes of the signature of this contract by Bernhard Friess, Director, Directorate C, Directorate-General for Maritime Affairs and Fisheries, of the one part, and COWI Belgium SPRL Official legal form: private limited liability company (société privée a responsabilité limitée) Statutory registration number: 0472.972.493 Official address: Avenue de Tervuren, 13B, 1040 Brussels, Belgium, VAT registration number: BE 472,972,493 in consortium with COWIA/S Official legal form: private limited company (aktieselskab) Statutory registration number: 44623528 Official address: Parallelvej 2 2800 Kongens Lngby Danmark VAT registration number: DK 44623528; BIO Inteligence Service SAS Official legal form: société par actions simplifiée, Statutory registration number: 950 576 405, Official address: 20-22 Villa Deshayes, 75014 Paris, France, VAT registration number: FR 37950576405; and Ernst & Young et Associés Official legal form: société par action simplifiée à capital variable. Statutory registration number: 449 142 348, Official address: Faubourg de l'Arche, 11, allée de l'Arche, 92400 Coutbevoie, France, < - * VAT registration number: FR 56 449 142 348. М/У hereinafter referred to as "the Contractor"', represented for the purposes of the signature of this contract by Mr Zayat Rahaël, Managing Director of COWI Belgium SPRL, the parties identified above and hereinafter collectively referred to as "the Contractor" shall be jointly and severally liable vis­à­vis the Commission for the performance of this contract, of the other part. HAVE AGREED ARTICLE ΙΠ.1: SUBJECT IILl.l This specific contract implements Framework Contract No MARE/2011/01 Lot 1 signed by the Commission and the Contractor on 27 April 2012. III. 1.2 The subject of this specific contract is a study to support impact assessment of marine knowledge 2020, This specific contract relates to Lot 1 of the Framework Contract. IIL1.3 The Contractor undertakes, on the terms set out in the Framework Contract and in this specific contract and the annexes thereto, which form an integral part thereof, to perform the following tasks specified in Annexes A and B.] ARTICLE III.2: DURATION AND PLACE OF PERFORMANCE ΙΠ.2.1 This specific contract shall enter into force on the date on which it is signed by the last contracting party. III.2.2 The duration of the tasks shall not exceed 8 months. Execution of the tasks shall start from date of entry into force of this specific contract. The period of execution of the tasks may be extended only with the express written agreement of the parties before such period elapses. IIL2.3 The tasks shall be carried out in accordance with the Terms of Reference set out in Annex A and the Approved Contractor's proposal for the required tasks set out in Annex B. 111,2.4 The place of performance of this specific contract is established in Annex B. ARTICLE IIL3: PRICE Ш.3.1 The total amount to be paid by the Commission under this specific contract shall be EUR 449,814 (four hundred and forty nine thousand eight hundred and fourteen) covering all tasks executed. For Contractors established in Belgium, the provisions of this contract constitute a request for VAT exemption No 450, provided the Contractor includes the following statement in his invoice(s): "Exonération de la TVA, article 42, paragraphe 3,3 du code de la TVA" or an equivalent statement in the Dutch or German language. 1 In the case of a joint offer and provided the invitation to tender so specifies, the following clause should be added below the identification of the parties: "The parties identified above and hereinafter collectively referred to as 'the Contractor' shall be jointly and severally liable vis­à­vis the Commission for the performance of this contract". ^ \ ARTICLE III.4: INVOICING AND PAYMENT ARRANGEMENTS 111.4.1 Invoices shall be sent to: European Commission Directorate-General Maritime Affairs and Fisheries Mr Mark Johnston Unit F.l "Budget, public procurement and control" Office: 05/15... B-1049 Brussels E-mail: Mark.JohnstonťSiec.europa.eu IIL4.2 Payments shall be made to the Contractor's bank account mentioned in Article 1.6 of the framework contract. Payments shall be deemed to be effected on the day on which the commission's account is debited. 111.4.3 Payments arrangements: Payment to a maximum amount of EUR 449,814 (four hundred and forty nine thousand eight hundred and fourteen) shall be made with the following instalments: - Interim payment of EUR 134,944 (one hundred and thirty four thousand nine hundred and forty four) representing 30% of the totat amount of this specific contract afìer the acceptance of the interim report; - Balance payment of EUR 314,870 (three hundred and fourteen thousand eight hundred and seventy) representing 70% of the total amount of this specific contract after the acceptance of hte final report. A request for interim or the balance payment by the Contractor shall be admissible if accompanied by: - the relevant technical report drawn up in accordance with the detailed instructions laid down in Annex A; - the relevant invoices, duly established and indicating the reference number of the Framework Contract and of the Specific Contract to which they refer provided the above documents have been approved by the Commission. The Commission shall have 45 days from receipt to approve or reject the relevant technical reports, and the Contractor shall have 20 days in which to submit additional information or a new report. Within a maximum of 30 days of the latest of the following dates: - the date of receipt of the relevant invoices; - the date on which the documents accompanying a request for payment are approved by the Commission the payment corresponding to the relevant invoices shall be made. ARTICLE Ш.5: ADMINISTRATIVE PROVISIONS Ш.5.1 The persons responsible for implementing this specific contract are: For the Commission: Technical and administrative questions European Commission Directorate­General Maritime Affairs and Fisheries Mr Iain Shepherd Unit C.l "Maritime policy Atlantic, outermost regions and Arctic" Office: J99 02/055 B­1049 Brussels E­mail address: [email protected] For the Contractor: Contractor: Mr Zayat Raphaël, Managing Director COWI Belgium SPRL Avenue de Tervuren, 13B 1040 Brussels Belgium E­mail: COWIťgÍcowi-belgium.com ARTICLE III.6: ANNEXES Annex A - Terms of Reference for the Specific Contract Annex B - Approved Contractor's proposal for the required tasks Annex C - Declaration of honour with respect to absence of conflict of interest SIGNATURES For the Contractor, For the Commission, Mr Zayat Raphael, Mr Bernhard Friess, Director, Managing Director, CO Belgium SPRL Directorate C (Atlantic, Outermost regions and Arctic) w»»5&f o signa signature[s] = f· Done at Brussels, [date] k 2- gį?~f2s4*L Done at Brussels, [date] In duplicate in English. U)J> EUROPEAN COMMISSION DIRECTORATE­GENERAL FOR MARITIME AFFAIRS AND FISHERIES ATLANTIC, OUTERMOST REGIONS AND ARCTIC MARITIME POLICY ATLANTIC, OUTERMOST REGIONS AND ARCTIC TERMS OF REFERENCE FOR STUDY TO SUPPORT IMPACT ASSESSMENT OF MARINE KNOWLEDGE 2020 1. OBJECTIVE The objective is to provide background knowledge and analysis that will support the impact assessment that will follow the Green Paper on Marine Knowledge 2020 to be adopted in summer 2012. It will build on the impact assessment1 carried out in the framework of the 2010 Manne Knowledge 2020 Communication . In particular it will (1) determine current practice in Member States (a) facilitating the use of marine data in the licensing process and (b) re­using marine data assembled for the purposes of undertaking the licensed activities (2) assess options for a sustainable governance of marine knowledge in the EU (3) provide estimates of the cost of data required to meet the requirements of the Marine Strategy Framework Directive and serve the offshore wind energv industry (4) identify how better marine knowledge could promote innovation (5) evaluate the benefits of reduced uncertainty in behaviour of the sea (6) assess options for governance of the European Marine Observation and Data Network (7) determine the most appropriate legal basis for a Directive or Regulation on marine knowledge 1 European Marine Observation and Data Network Impact Assessment, 8.9.2010, SEC(2010) 998 2 Marine Knowledge 2020: marine data and observation for smart and sustamable growth, 8.9.2010 COM(2010)461 Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË ­ Tel. +32 22991111 Office: J­79 ­ Tel. direct line +32 229­+32 2 29 97959 ­ Fax +32 229­+32 2 29 94S17 Щ [email protected] The background knowledge provided by this study will complement other sources of information, such as the original impact assessment, the studies that contributed to that assessment, as well as other studies such as the one for Blue Growth3. 2. MARINE DATA IN THE LICENSING PROCESS 2.1. Questions to be answered 2. LI. Facilitation of use of marine data (1) Do potential operators of licensed activities mentioned in point 2.2 pay for meteorological, bathymétrie or