Amendments to a Grant Agreement
An amendment allows the consortium to modify parts of the Grant Agreement (GA) in order to adapt the GA to the changing needs of the project during its life time (Art. 8, Art. II.36, Art. II.37). Amendment requests can refer either to the core text of the GA or to Annex I (Technical Annex). An amendment accepted by the Commission becomes an integral part of GA.
Amendments are needed e.g. in the following cases:
- Addition/removal of a beneficiary
- Change of coordinator
- Modification of project duration
- Early termination of project activities
- Changes in the estimative budget breakdown that influence the distribution of work according to Annex I
Not all changes of the GA require an amendment. In some cases, such as the change of legal representative or change of legal status of a beneficiary (Art. II.3 (f)), it is sufficient to submit an information letter to the Commission.
An agreement of all consortium partners to the planned amendment should exist prior to the submission of the official amendment request. In addition, it is necessary to inform the project officer in advance about the planned amendment as well as to agree with him/her about its specific features. Subsequently, the coordinator is able to forward the official amendment request signed by the legal representative of the consortium to the Commission.
The amendment request must be transmitted to the Commission in the person of the coordinator by means of a specific model letter. Depending on the specifics of the amendment the Commission might require the submission of further documents (e.g. updated Annex I or templates, which are to be submitted via the online reporting tool NEF).
Within 45 days after receipt the Commission informs the coordinator in writing about an approval of the requested amendment (explicit approval). The absence of a response within the 45 days period most likely indicates a rejection of the request by the Commission. In this case, the project coordinator should approach the project officer on the subject.
In exceptional cases (addition/ removal of a beneficiary) the lack of a response from the Commission within the 45 days period constitutes the official approval of the request via the means of tacit approval.
Frequently, an amendment request contains various modifications (changes of the distribution of work might cause an extension of the project duration). In this case, it will only be possible for the Commission to approve or to reject the whole package of requests included in the amendment. Only very few exceptions exist in which single parts of the request can be approved individually. Therefore, it might be feasible to submit separate instead of combined amendment requests (e.g. if the request asks for modifications that demand a tacit as well as an explicit approval).