In case the return phase will not be implemented, the Project Officer (PO) assigned to that project will have to assess the justification(s) and the due diligence performed by the beneficiary in the implementation of its obligation to ensure the mandatory return phase. The term “due diligence” is defined as the level of care that can reasonably be expected from the beneficiary, in order to ensure the fulfilment of its obligations under the grant agreement (as defined in Article 35 of the draft Annotated Grant Agreement).
To assess the compliance with the contractual obligations related to the return phase, the PO will ask for a copy of the researcher's employment contract and any other relevant documentation showing that the beneficiary supported the fellow's return at its premises (such as email exchanges between the beneficiary and the fellow). The PO will then check in the employment contract the existence of the clause mentioning the obligation of the researcher to carry out a mandatory return period at its premises.
If REA considers that there is a serious breach of obligations regarding the return phase, (i.e. significant impact on the action), it may reduce the grant. However, if the assessment comes out as the beneficiary acted in due diligence, the beneficiary will not be penalised.
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