Common use of OBLIGATIONS OF IMPARTIALITY Clause in Contracts

OBLIGATIONS OF IMPARTIALITY. The expert must perform its work impartially. To this end, the expert is required to: inform EFCA of any conflicts of interest arising in the course of its work confirm there is no conflict of interest for the work s/he is carrying out by signing a declaration (Xxxxx XX). Definition of the conflict of interest: a conflict of interest exists if an expert: has any vested interests in relation to the questions upon which s/he is asked to give advice or its organisation stands to benefit directly or indirectly, or be disadvantaged, as a direct result of the work carried out is in any other situation that compromises its ability to carry out its work impartially. EFCA will decide whether a conflict of interest exists, taking account of the objective circumstances, available information and related risks when an expert is in any other situation that could cast doubt on its ability to carry out its work, or that could reasonably appear to do so in the eyes of an external third party. Consequences of a situation of conflict of interest: If a conflict of interest is reported by the expert or established by EFCA, the expert must not carry out the work; If a conflict becomes apparent in the course of its work, the expert must inform immediately EFCA. If a conflict is confirmed, the expert must stop carrying out its work. If necessary, the expert will be replaced. OBLIGATIONS OF CONFIDENTIALITY EFCA and the expert must treat confidentially any information and documents, in any form (i.e. paper or electronic), disclosed in writing or orally in relation to the performance of the Contract. The expert undertakes to observe strict confidentiality in relation to its work. To this end, the expert must not use or disclose, directly or indirectly confidential information or documents for any purpose other than fulfilling its obligations under the Contract without prior written approval of EFCA. In particular, the expert: must not discuss its work with others, including other experts or EFCA staff not directly involved in its work must not disclose: any detail of its work and its outcomes for any purpose other than fulfilling its obligations under the Contract without prior written approval of EFCA its advice to EFCA on its work to any other person (including colleagues, students, etc.) If material/documents/reports/deliverables are made available either on paper or electronically to the expert who then works from its own or other suitable premises, he/she will be held personally responsible for maintaining the confidentiality of any documents or electronic files sent and for returning, erasing or destroying all confidential documents or files upon completing its work as instructed. If its work takes place in premises controlled by EFCA, the expert: must not remove from the premises any copies or notes, either on paper or in electronic form will be held personally responsible for maintaining the confidentiality of any documents or electronic files sent, and for returning, erasing or destroying all confidential documents or files on completing its work as instructed. If the expert seeks further information (for example through the internet, specialised databases, etc.) to complete its work, he/she: must respect the overall rules for confidentiality for obtaining such information must not contact third parties without prior written approval of EFCA. These confidentiality obligations are binding on: EFCA (see Regulation No 31 (EEC), 11 (EAEC), laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community5 the expert during the performance of the Contract and for five years starting from the date of the last payment made to the expert unless: XXXX agrees to release the expert from the confidentiality obligations earlier the confidential information becomes public through other channels disclosure of the confidential information is required by law. Annex IV 1 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001). 2 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspection carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.1996). 3 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (XXXX) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248). 4 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L218, 26.10.2012). 5 OJ 45, 14.6.1962, p. 1385.

OBLIGATIONS OF IMPARTIALITY. The expert must perform its work impartially. To this end, the expert is required to: inform EFCA of any conflicts of interest arising in the course of its work confirm there is no conflict of interest for the work s/he is carrying out by signing a declaration (Xxxxx XX). Definition of the conflict of interest: a conflict of interest exists if an expert: has any vested interests in relation to the questions upon which s/he is asked to give advice or its organisation stands to benefit directly or indirectly, or be disadvantaged, as a direct result of the work carried out is in any other situation that compromises its ability to carry out its work impartially. EFCA will decide whether a conflict of interest exists, taking account of the objective circumstances, available information and related risks when an expert is in any other situation that could cast doubt on its ability to carry out its work, or that could reasonably appear to do so in the eyes of an external third party. Consequences of a situation of conflict of interest: If a conflict of interest is reported by the expert or established by EFCA, the expert must not carry out the work; If a conflict becomes apparent in the course of its work, the expert must inform immediately EFCA. If a conflict is confirmed, the expert must stop carrying out its work. If necessary, the expert will be replaced. OBLIGATIONS OF CONFIDENTIALITY EFCA and the expert must treat confidentially any information and documents, in any form (i.e. paper or electronic), disclosed in writing or orally in relation to the performance of the Contract. The expert undertakes to observe strict confidentiality in relation to its work. To this end, the expert must not use or disclose, directly or indirectly confidential information or documents for any purpose other than fulfilling its obligations under the Contract without prior written approval of EFCA. In particular, the expert: must not discuss its work with others, including other experts or EFCA staff not directly involved in its work must not disclose: any detail of its work and its outcomes for any purpose other than fulfilling its obligations under the Contract without prior written approval of EFCA its advice to EFCA on its work to any other person (including colleagues, students, etc.) If material/documents/reports/deliverables are made available either on paper or electronically to the expert who then works from its own or other suitable premises, he/she will be held personally responsible for maintaining the confidentiality of any documents or electronic files sent and for returning, erasing or destroying all confidential documents or files upon completing its work as instructed. If its work takes place in premises controlled by EFCA, the expert: must not remove from the premises any copies or notes, either on paper or in electronic form will be held personally responsible for maintaining the confidentiality of any documents or electronic files sent, and for returning, erasing or destroying all confidential documents or files on completing its work as instructed. If the expert seeks further information (for example through the internet, specialised databases, etc.) to complete its work, he/she: must respect the overall rules for confidentiality for obtaining such information must not contact third parties without prior written approval of EFCA. These confidentiality obligations are binding on: EFCA (see Regulation No 31 (EEC), 11 (EAEC), laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community5 the expert during the performance of the Contract and for five years starting from the date of the last payment made to the expert unless: XXXX agrees to release the expert from the confidentiality obligations earlier the confidential information becomes public through other channels disclosure of the confidential information is required by law. Annex IV 1 Regulation (ECEU) No 45/2001 2018/1725 of the European Parliament and of the Council of 18 December 2000 23 October 2018 on the protection of individuals natural persons with regard to the processing of personal data by the Community institutions Union institutions, bodies, offices and bodies agencies and on the free movement of such data data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002 (OJ L 8295, 12.1.200121.11.2018, p. 39). 2 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspection carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.1996). 3 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (XXXX) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248). 4 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L218, 26.10.2012). 5 OJ 45, 14.6.1962, p. 1385.

OBLIGATIONS OF IMPARTIALITY. The expert must perform its work impartially. To this end, the expert is required to: inform EFCA the contracting party or relevant service of any conflicts of interest arising in the course of its work work; confirm there is no conflict of interest for the work s/he is carrying out by signing a declaration (Xxxxx XXAnnexe 3). Definition of the conflict of interest: a conflict of interest exists if an expert: has any vested interests in relation to the questions upon which s/he is asked to give advice advice; or its organisation stands to benefit directly or indirectly, or be disadvantaged, as a direct result of the work carried out out; is in any other situation that compromises its ability to carry out its work impartially. EFCA The contracting party or relevant service will decide whether a conflict of interest exists, taking account of the objective circumstances, available information and related risks when an expert is in any other situation that could cast doubt on its ability to carry out its work, or that could reasonably appear to do so in the eyes of an external third party. Consequences of a situation of conflict of interest: If a conflict of interest is reported by the expert or established by EFCAthe contracting party or relevant service, the expert must not carry out the work; If a conflict becomes apparent in the course of its work, the expert must inform immediately EFCAthe contracting party or relevant service. If a conflict is confirmed, the expert must stop carrying out its work. If necessary, the expert will be replaced. OBLIGATIONS OF CONFIDENTIALITY EFCA The contracting party and the expert must treat confidentially any information and documents, in any form (i.e. paper or electronic), disclosed in writing or orally in relation to the performance of the Contract. The expert undertakes to observe strict confidentiality in relation to its work. To this end, the expert must not use or disclose, directly or indirectly confidential information or documents for any purpose other than fulfilling its obligations under the Contract without prior written approval of EFCAthe contracting party. In particular, the expert: must not discuss its work with others, including other experts or EFCA contracting party or relevant service staff not directly involved in its work work; must not disclose: any detail of its work and its outcomes for any purpose other than fulfilling its obligations under the Contract without prior written approval of EFCA the contracting party; its advice to EFCA the contracting party or relevant service on its work to any other person (including colleagues, students, etc.) ). If material/documents/reports/deliverables are made available either on paper or electronically to the expert who then works from its own or other suitable premises, he/she will be held personally responsible for maintaining the confidentiality of any documents or electronic files sent and for returning, erasing or destroying all confidential documents or files upon completing its work as instructed. If its work takes place in premises controlled by EFCAthe contracting party or relevant service, the expert: must not remove from the premises any copies or notes, either on paper or in electronic form form; will be held personally responsible for maintaining the confidentiality of any documents or electronic files sent, and for returning, erasing or destroying all confidential documents or files on completing its work as instructed. If the expert seeks further information (for example through the internet, specialised databases, etc.) to complete its work, he/she: must respect the overall rules for confidentiality for obtaining such information information; must not contact third parties without prior written approval of EFCAthe contracting party. These confidentiality obligations are binding on: EFCA the contracting party (see Regulation No 31 (EEC), 11 (EAEC), laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community5 Community;6 the expert during the performance of the Contract and for five years starting from the date of the last payment made to the expert unless: XXXX the contracting party agrees to release the expert from the confidentiality obligations earlier earlier; the confidential information becomes public through other channels channels; disclosure of the confidential information is required by law. Annex IV 1 Regulation (EC) No 45/2001 ANNEXE 2 - TERMS OF REFERENCE [Name of Expert: [insert name]] Context and background information The contract is related to the call for expressions of interest, set up a list of external experts to evaluate applications participating in the 2024 edition of the New European Parliament Bauhaus Prize competition. This call is aiming at selecting experts able to assess the applications from the angle of six fields, based on the three values and three working principles of the Council New European Bauhaus (NEB).7 NEB values: Sustainability (understood as environmental sustainability, including climate issues, circularity, biodiversity, etc.); Aesthetics and quality of 18 December 2000 experience (design, arts, culture, architecture, etc.); Inclusiveness (equal opportunities, accessibility, affordability). NEB working principles: Participatory process (involvement of communities affected by the project in the design, decision-making and implementation phase, empowerment of local communities, etc.); Multi-level engagement (effective exchange both horizontally – with peers – and vertically – with others operating in different scales; to connect stakeholders from different levels who share similar purposes); Transdisciplinary approach (engagement of practitioners and knowledge from different fields). The call is open to persons with educational and/or professional background in at least one NEB value, but at the contracting stage priority will be given to those who have relevant education and/or experience in at least two of the NEB values indicated above, or relevant education and/or experience in at least one of the NEB values and one of the NEB working principles mentioned above. Experts will assess eligible applications submitted for the Prizes. The New European Bauhaus Prizes 2024 will be awarded in two strands: Strand A (New European Bauhaus Champions): for existing and completed projects with clear and positive results. Xxxxxx X (New European Bauhaus Rising Stars): ideas and concepts from young talents (aged 30 years old or less). In each strand, the Prizes will be awarded in four categories: Reconnecting with nature; Regaining a sense of belonging; Prioritising the places and people that need it the most; Shaping a circular industrial ecosystem and supporting life-cycle thinking. In addition, one special Prize will be selected and awarded to a project recognizing and supporting Ukraine’s recovery and reconstruction efforts, with both applicant and project with origin in Ukraine. The specificities of this prize, including information on the protection strand(s) and category(ies) in which it will be awarded, as well as on additional relevant award criteria, will be described in the ‘Guide to Applicants’ of individuals with regard the NEB Prizes 2024. The ‘Guide to Applicants’ will be published in the NEB Prizes 2024 platform and communicated to the processing of personal data by experts and jury members before the Community institutions assessment starts. Purpose, objectives and bodies and on the free movement of such data (OJ L 8, 12.1.2001). 2 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspection carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.1996). 3 Regulation (EU, Euratom) No 883/2013 scope The subject of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (XXXX) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248). 4 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable contract [One option to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L218, 26.10.2012). 5 OJ 45, 14.6.1962, p. 1385.be selected for each contract]: