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Call for tender - NAErg - DIN Deutsches Institut für Normung e.V.

Call for tender - NAErg - DIN Deutsches Institut für Normung e.V.

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<strong>Call</strong> <strong>for</strong> <strong>tender</strong><strong>for</strong> three Technical Project Leaders and<strong>for</strong> three Peer Review Laboratories<strong>for</strong> the development of standardized methods on the analysis ofchemical substances in toys and<strong>for</strong> the elaboration of European StandardsLaunch: 2010-06-09IIntroductionI.1 GeneralThe following three projects which require the development and validation of standardized testmethods are subject to this call <strong>for</strong> <strong>tender</strong>:1. Revision of EN 71-3 “Safety of toys – Part 3: Migration of certain elements” (see Annex A.1and A.2)2. Elaboration of a new standard EN 71-X “Safety of toys – Part X: N-nitrosamines and N-nitrosatable substances” (see Annex A.3 and A.4)3. Revision of EN 71-7 "Safety of toys - Part 7: Finger paints - Requirements and test methods”(see Annex A.5 and A.6)For each of those projects, a technical project leader (a company which will carry out the tasksdescribed in A.1, A.3 or A.5) and a peer review laboratory (a company which will carry out the tasksdescribed in A.2, A.4 or A.6) will be contracted which will cooperate in the development and validationof the required test method(s). In addition, the test method(s) <strong>for</strong> the projects 1 and 2 will be validatedin a round robin test.These new test method(s) will <strong>for</strong>m the basis <strong>for</strong> the drafting of the new and revised standards, withparticipation of the technical project leader.I.2 ContextWith mandate M/445 of July 2009, the European Commission (EC) asked the European Committee <strong>for</strong>Standardization (CEN) to adjust existing European standards to the requirements of Directive2009/48/EC which revised Directive 88/378/EEC and to elaborate new standards, if necessary.The European Committee <strong>for</strong> Standardization (CEN) is a business facilitator in Europe, removing tradebarriers <strong>for</strong> European industry and consumers. Its mission is to foster the European economy in globaltrading, the welfare of European citizens and the environment. Through its services it provides aplat<strong>for</strong>m <strong>for</strong> the development of European Standards and other technical specifications. It consists of31 national standardisation organisations which work together to develop voluntary EuropeanStandards (ENs) and the CEN CENELEC Management Centre (CCMC).In September 2009 the CEN Technical Board (BT) accepted mandate M/445 and allocated the work tothe Technical Committee CEN/TC 52 "Safety of toys". The Danish standardisation institute (DS, DanskStandard) holds the secretariat of CEN/TC 52.The working group CEN/TC 52/WG 5 is responsible <strong>for</strong> the development of standards in the area ofchemical aspects of the safety of toys. The German standardisation institute (<strong>DIN</strong>, <strong>Deutsches</strong> <strong>Institut</strong><strong>für</strong> <strong>Normung</strong> e.V.) operates the secretariat of CEN/TC 52/WG 5 and will execute the administrativemanagement of the standardization work.


In order to be able to carry out the tasks required by mandate M/445, CEN/TC 52/WG 5 establishedthree task groups (TG):CEN/TC 52/WG 5/TG 1 "Chemical toys"CEN/TC 52/WG 5/TG 2 "Migration of certain elements"CEN/TC 52/WG 5/TG 3 "Nitrosamines and nitrosatable substances"The work of each single TG is directly related to one specific project under mandate M/445.Standardized methods of analysis are of utmost importance <strong>for</strong> guaranteeing a uni<strong>for</strong>m application andcontrol of the European legislation in all Member States and a high level of safety of toys. For thisreason, the revision of existing and the elaboration of new safety standards on chemical properties oftoys require standardized test methods which are subject to this call <strong>for</strong> <strong>tender</strong>.I.3 Scope and regulationOn 20 July 2009 Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009on the Safety of Toys (TSD) came into <strong>for</strong>ce, revising Directive 88/378/EEC on the approximation ofthe laws of the Member States concerning the safety of toys. The revised Directive focuses onenhanced safety requirements <strong>for</strong> toys, namely with regard to the use of chemicals in toys.In order to take into account new scientific knowledge, the revised Directive 2009/48/EC (TSD)provides <strong>for</strong> an update of certain chemical substances to be used in toys and sets limit values <strong>for</strong>these substances. The revised Directive replaces the reference to bioavailability (i.e. the solubleextract having toxicological significance) with “migration”.Furthermore the TSD contains new requirements on N-nitrosamines and N-nitrosatable substances intoys intended <strong>for</strong> use by children under 36 months or which are intended to be placed in the mouth.Toys subject to Directive 2009/48/EC must comply with the general safety requirements (Article 10paragraph 2) and the specific safety requirements as set out in Annex II.Article 13 of Directive 2009/48/EC states that toys which are in con<strong>for</strong>mity with harmonised standardsor parts thereof, the references of which have been published in the Official Journal of the EuropeanUnion, shall be presumed to be in con<strong>for</strong>mity with the requirements covered by those standards orparts thereof, set out in Article 10 and in Annex II. The new standards shall contain an in<strong>for</strong>mativeannex describing its relation to Directive 2009/48/EC and stating which requirements of the TSD arecovered by the standard.The standards shall also include an in<strong>for</strong>mative annex with the background and justification <strong>for</strong> therequirements.IIObjectivesThe mandate requires the drafting of several European standards. The following three standardswhich require the development and validation of test methods are subject to this call <strong>for</strong> <strong>tender</strong>:• EN 71-3 "Safety of toys - Part 3: Migration of certain elements" (Revision)• EN 71-7 "Safety of toys - Part 7: Finger paints - Requirements and test methods" (Revision)• EN 71-X "Safety of toys - Part X: N-Nitrosamines and N-nitrosatable substances" (newstandard)IIIIII.1ExecutionGeneralThe execution of the mandate will be divided into several projects. For each of the threestandardisation projects on the safety of chemical properties of toys, a technical project leader and apeer review laboratory will be appointed <strong>for</strong> technical work. <strong>DIN</strong> will carry out the procedural work andsign the contracts with the selected subcontractors following authorization by EC.


VSelection criteriaThe applicants shall comply with the following requirements:• national accreditation including the field of chemical testing of toys;• established analytical quality system;• at least 3 years experience in per<strong>for</strong>ming migration measurements on toys or related products;• experience in the development and validation of test methods;• economic and financial capacity to execute the project.In addition applicants <strong>for</strong> the technical project leader shall comply with the following requirements:• experience in European and/or International standardization;• experience in the organisation of interlaboratory tests;• experience in the production / acquisition of reference materials and qualified application ofthese reference materials.VIVI.1Award criteriaAward criteria <strong>for</strong> the technical project leaderThe selection of the technical project leader will be made on the basis of the following criteria:a) Documented experience (maximum 45 points):• number of years per<strong>for</strong>ming relevant measurements;• (typical) annual activity / number of relevant measurements;• experience with comparable projects on the development and validation of test methods;• Industrial and/or academic background of the relevant personnel involved;• general project management and communication skills of the relevant personnel involved;• years of experience in European and/or International standardisation work of the relevantpersonnel involved;• experience in the management of task groups (working groups);• experience in the organisation of interlaboratory tests;• experience in the production / acquisition of reference materials and qualified application ofthese reference materials;• communication skills.b) Organisation (demonstration of the ability to carry out the project, maximum 25 points)• infrastructure (equipment, description of the monitoring site, etc);• planning/organisation of the development and validation of test methods including the roundrobin test;• established analytical quality system;• submission of clear deliverables at specified dates and detailed cost estimations.c) Quotation price (maximum 30 points)Tenders scoring less than 65 % of the overall total points or less than 50% of the points awarded <strong>for</strong> asingle criterion will be excluded from the remaining assessment procedure.Offers with the highest overall points will be selected.VI.2Award criteria <strong>for</strong> the peer review laboratoryThe selection of the peer review laboratory will be made on the basis of the following criteria:a) Documented experience (maximum 45 points):• number of years per<strong>for</strong>ming relevant measurements;• (typical) annual activity / number of relevant measurements;• experience with comparable projects on the development and validation of test methods;• Industrial and/or academic background of the relevant personnel involved;• communication skills.


) Organisation (demonstration of the ability to carry out the project, maximum 25 points)• infrastructure (equipment, description of the monitoring site, etc);• planning/organisation of the support in the development and validation of test methods;• established analytical quality system;• submission of clear deliverables at specified dates and detailed cost estimations.c) Quotation price (maximum 30 points)Tenders scoring less than 65 % of the overall total points or less than 50 % of the points awarded <strong>for</strong> asingle criterion will be excluded from the remaining assessment procedure.Offers with the highest overall points will be selected.VIIEligibility criteriaThe following candidates will be excluded:• Candidates who were the subject of a non-likely judgment of recourse <strong>for</strong> a professionalinfringement;• Candidates who are in an irregular tax situation or in an irregular special taxation situation;• Candidates who provide incomplete or erroneous in<strong>for</strong>mation.VIIITendersTenders shall be sent by mail to the secretary of CEN/TC 52/WG 5 "Safety of toys - Chemicalproperties" Mr Sebastian Lentz, as soon as possible, at the latest by 2010-08-05. Tenderers mustplace their bid inside a sealed envelope clearly marked CONFIDENTIAL, placing this sealed envelopein a second envelope which is posted to the address indicated. The <strong>tender</strong> shall be in English andcontain:• Curriculum Vitae of each relevant person participating in the project, demonstrating thenecessary expertise;• Accreditation certificate according to ISO/IEC 17025 or equivalent certificate demonstratingthe competence on the subject;• A schedule and a description of the execution of the tasks which will be carried out in theproject such as the provision of reference materials, the test method development, the peerreview process, the test method validation, the organisation of/participation in the round robintest, the organisation of Task Group meetings etc. (some of these examples are onlyapplicable to the technical project leader or the peer review laboratory);• A table with detailed in<strong>for</strong>mation on the costs of the provision of reference materials, thedevelopment and the validation of the test methods, the organisation of / participation in theround robin test, the organisation of Task Group meetings including man days <strong>for</strong> theconvenor, travel expenses etc. (some of these examples are only applicable to the technicalproject leader or the peer review laboratory);• Appropriate documentation to prove the economic and financial capacities;• Any further documents to prove the qualification required in Clause V and Clause VI;• A signed declaration, by which the candidate(s) certifies not to be subject to one of theexclusion criteria as described in Clause VII and the veracity of the adjoining documents.Candidates shall indicate <strong>for</strong> which of the three projects (1: Migration of certain elements; 2: N-Nitrosamines and N-Nitrosatable substances; 3: Finger paints) and which role (technical projectleader; peer review laboratory) they intend to apply.Candidates may apply <strong>for</strong> more than one project/role, however, one candidate will not be chosen <strong>for</strong>both, i.e. the technical project leader and the peer review laboratory, in the same project. In case ofmultiple applications candidates shall state their priorities.For each application all bidding/application documents required shall be submitted in a separatesealed envelope clearly marked CONFIDENTIAL.


ANNEX – Draft service contractsA.1 Project 1: "Safety of toys - Migration of certain elements", technicalproject leaderService contractBetween<strong>DIN</strong> <strong>Deutsches</strong> <strong>Institut</strong> <strong>für</strong> <strong>Normung</strong> e. V.Burggrafenstr. 610787 Berlinhereinafter referred to as "<strong>DIN</strong>"and[Details of the contractor/technical project leader]hereinafter referred to as the "Contractor"IntroductionThe European Commission/EFTA has decided to fund SA/CEN/2010-XX.1 "Safety oftoys - Migration of certain elements". This project is dealt with by CEN/TC 52/WG 5"Safety of toys - Chemical properties", the secretariat of which is held by <strong>DIN</strong>. <strong>DIN</strong>assures the organizational coordination work on behalf of CEN/TC 52/WG 5.1. Object of the contractThe CONTRACTOR agrees that he/she will participate in project SA/CEN/2010-XX.1"Safety of toys - Migration of certain elements" as a technical project leader <strong>for</strong> theduration of the project. He is tasked to produce the following deliverables:− Validated test method(s) on which EN 71-3 will base(in cooperation with a peer review laboratory contracted by <strong>DIN</strong>);− Interim and final report on test method development and validation;− WI 00052085 EN 71-3 Safety of toys - Part 3: Migration of certain elementsThis European Standard specifies requirements and test methods <strong>for</strong> the migrationof the elements aluminium, antimony, arsenic, barium, boron, cadmium,chromium (III), chromium (VI), cobalt, copper, lead, manganese, mercury, nickel,selenium, strontium, tin, organic tin and zinc from toy materials and from parts oftoys.− Interim and final report on standardization work.


Service Contract between [name of the company] and <strong>DIN</strong> - 2 -2. Duties of the contractorThe CONTRACTOR's duties will include the development and validation of test methods(method development) and the preparation of a draft European standard incooperation with Task Group CEN/TC 52/WG 5/TG 2 “Migration of certain elements”(standardization work).In particular method development and validation comprise the following tasks:• Provision of Certified Reference Materials (CRM) or Reference Materials (RM)confirmed by CEN/TC 52/WG 5 which will be used <strong>for</strong> the development of testmethod(s), the testing at the peer review laboratory and the round robin test;• Development of test method(s) <strong>for</strong> the determination of the 19 “elements”listed in Directive 2009/48/EC, Annex II, part III, point 13 in close analogy tothe present EN 71-3 and evaluation of the test method(s) at certain migrationlimits (about 50 %, 100 %, 250 % of the limit in principle);• Evaluation of the possibilities <strong>for</strong> a pre-check method/pre-check procedure inorder to exclude toys or parts of toys from further examination with the aim ofminimizing the analytical ef<strong>for</strong>ts <strong>for</strong> the overall range of elements;• Application of the test method(s) to 12 different toys or parts of toys (4 of eachgroup of the Table in Directive 2009/48/EC, Annex II, part III, point 13) madeof CRM or RM confirmed by CEN/TC 52/WG 5; 6 toys shall contain all elementsof the table, the rest shall at least contain Antimony, Arsenic, Cadmium,Chromium (III), Chromium (VI), Cobalt, Lead, Mercury, Nickel and Selenium;• Evaluation of the test method(s) in cooperation with a peer review laboratorycontracted by <strong>DIN</strong> (delivering of the test method(s), the RM etc. to the peer reviewlaboratory);• First validation of the test method(s) based on data of the lead and the peerreview laboratory using cross validation or related procedures;• Organisation and conduction of the collaborative studies on the basis of a preevaluationof the test method(s) by the participating laboratories (stated by<strong>DIN</strong>) previous to the round robin test;• Organisation of a round robin test: Around 15 laboratories which are contractedby <strong>DIN</strong> (validated data of at least 10 laboratories is required) shall applythe new test method(s) to 6 different toys or parts of toys (two of eachgroup of the table in Directive 2009/48/EC, Annex II, part III, point 13);• Assessment of the results of the round robin test and final validation;• Elaboration of up to 5 progress reports on test method development and validationaddressed to CEN/TC 52/WG 5 including one interim report and one finalreport which will be submitted to the European Commission (EC).Further remarks on the development of test methods:• In principle the test method(s) shall be developed in close analogy to the presentEN 71-3 (ICP-MS as base equipment). However, <strong>for</strong> certain “elements”such as Cr(VI) or Organic tin differing approaches may be considered;• In particular organic tin (mono-, di-, tri-, tetra- organotins) should be analyzedby determining the tin content in the organic extract which will then be calculatedas the content of a given representative organic tin compound. The Selectionof this representative organic tin compound shall be discussed withinCEN/TC 52/WG 5/TG 2. The final decision will be taken by CEN/TC 52/WG 5;


Service Contract between [name of the company] and <strong>DIN</strong> - 3 -• The test method(s) shall include sampling, sample preparation, detection anddetermination of the substances, measurement uncertainty, reporting etc.;• The European Commission considers to adapt the limits of cadmium and leadaccording to the technical and scientific progress. The technical project leadershall take modifications in limit values into account and shall adapt the methodaccordingly;• During the development of test methods CEN/TC 52/WG 5 representativesmay audit the laboratory of the contractor;• The software <strong>for</strong> the assessment of the round robin test has to be confirmedby CEN/TC 52/WG 5;• Whenever possible, internationally accepted procedures (e.g. according toCEN or ISO standards or guides) shall be applied, in particular <strong>for</strong> round robintests and reference materials.The tasks regarding the standardisation work are the following:• Organisation of the meetings of CEN/TC 52/WG 5/TG 2 in Europe;• Provision of the convenor <strong>for</strong> CEN/TC 52/WG 5/TG 2;• Discussion of the results of the test method development and validation withinCEN/TC 52/WG 5/TG 2;• Preparation of a draft European Standard based on suitable and validated testmethods in cooperation with CEN/TC 52/WG 5/TG 2 (the draft must be approvedby CEN/TC 52/WG 5 whereupon the <strong>for</strong>mal CEN-procedure starts);• Discussion of the draft standard with the corresponding Task Group and ifnecessary with CEN/TC 52/WG 5;• Evaluation of technical comments given during the meetings ofCEN/TC 52/WG 5/TG 2, CEN/TC 52/WG 5 and/or CEN/TC 52 and during theenquiry stage of the draft standard;• Elaboration of an interim report and a final report on standardisation workwhich will be submitted to the European Commission (EC).The CONTRACTOR undertakes to per<strong>for</strong>m his duties with reasonable care and skillapplying recognized practices. The CONTRACTOR is not entitled to subcontract anyrights and obligations of this contract without the prior written consent of <strong>DIN</strong>.The selection procedure documented in …((document reference)) selected theCONTRACTOR on the basis of his/her personal qualification and experience ((ifnecessary to be adjusted to: on the basis of the personal qualification of the personassigned as convenor)). All man-days under this contract must there<strong>for</strong>e be per<strong>for</strong>medby the CONTRACTOR in person ((if necessary to be adjusted to: by the assignedconvenor in person)). Any deviations from this must be justified in writing andauthorized by the European Commission be<strong>for</strong>e any related funds can be disbursed.In particular, the following target dates <strong>for</strong> each step shall be adhered to. In case ofnon-adherence to the target dates, the Commission/EFTA is entitled to cancel thefunding.((In order to meet the time frame of this project the following milestones are <strong>for</strong>eseen.In agreement of the appointed technical project leader, the appointed peer reviewlaboratory and <strong>DIN</strong> the milestones may be adjusted in the final contract.))


Service Contract between [name of the company] and <strong>DIN</strong> - 4 -I Signature of the contract T 0II Development and validation of test methodsII.1 Method Development with Peer Review Process T 0 + 10 monthsII.2 Interim report on test method development andvalidation <strong>for</strong> ECT 0 + 12 monthsII.3 Round Robin Test T 0 + 16 monthsII.4 Final report on test method development andvalidation <strong>for</strong> ECT 0 + 18 monthsIII Standardisation processIII.1 WI 00052085 stage code 20.60 (1 st Working Draft) T 0 + 12 monthsIII.2 WI 00052085 stage code 30.99 (doc. <strong>for</strong> enquiry) T 0 + 18 monthsIII.3 Interim report on standardisation work <strong>for</strong> EC T 0 + 18 monthsIII.4 WI 00052085 stage code 45.00 (doc. <strong>for</strong> <strong>for</strong>mal vote) T 0 + 33 monthsIII.5 Final report on standardisation work <strong>for</strong> EC T 0 + 41 monthsThe Contractor has to record the expenses <strong>for</strong> material and human resources (includingexact date and hours). These records have to be kept <strong>for</strong> 10 years <strong>for</strong> possibleinspection by <strong>DIN</strong> or a charged legal institution. Upon request, <strong>DIN</strong> or a chargedlegal institution shall have unhindered access to the accounts and documents whichmay be required <strong>for</strong> auditing purposes.3. Obligations of <strong>DIN</strong><strong>DIN</strong> will send the CONTRACTOR on his/her request the final report of the project theContractor participated in.4. Invoicing and PaymentIn consideration of the standardisation work carried out according to this contract, theCONTRACTOR shall invoice to <strong>DIN</strong> a maximum daily rate, including travel and meetingcosts, of … € per man-day up to a maximum of … man-days totalling a maximumsum of … € as follows:III.1 WI 00052085 stage code 20.60 (1 st Working Draft) up to 25 %III.3 Interim Report on standardisation work <strong>for</strong> EC up to 20 %III.4 WI 00052085 stage code 45.00 (doc. <strong>for</strong> <strong>for</strong>mal vote) up to 30 %III.5 Final report on standardisation work <strong>for</strong> EC up to 25 %In consideration of the work regarding method development carried out according tothis contract, the CONTRACTOR shall invoice to <strong>DIN</strong> a maximum sum of … € as follows:Confirmation of CRM/RM up to 25 %II.2 Interim report on test method development and validation <strong>for</strong> EC up to 35 %II.4 Final report on test method development and validation <strong>for</strong> EC up to 40 %The invoice shall state the following <strong>DIN</strong> VAT numbers:<strong>DIN</strong>: UST-ID-Nr: DE 136 622 143<strong>DIN</strong>: UST-Nr: 27/640/50470


Service Contract between [name of the company] and <strong>DIN</strong> - 5 -The payment is dependent on prior remittance having been made by the Commission/EFTAto <strong>DIN</strong>. If the European Commission/EFTA does not pay the agreed fundsto <strong>DIN</strong> and there<strong>for</strong>e <strong>DIN</strong> cannot pay the money, <strong>DIN</strong> will not be held liable <strong>for</strong> thesecircumstances.The a<strong>for</strong>esaid sum shall be understood to cover all expenditure incurred by the Contractorin the per<strong>for</strong>mance of this contract.The payments are due only if the Contractor has fulfilled the tasks within the giventime schedule, <strong>DIN</strong> has approved the results and the Contractor has sent a detailedinvoice (material, cost <strong>for</strong> staff, travel and a schedule of the tasks fulfilled etc.) thatfulfils the requirements described below.<strong>DIN</strong> has the right to demand invoices and documentation of work done be<strong>for</strong>e paying.Should the Commission/EFTA retroactively reclaim funds already paid to <strong>DIN</strong> <strong>for</strong> thepayment of the CONTRACTOR and <strong>for</strong>warded by <strong>DIN</strong> to the CONTRACTOR, <strong>DIN</strong>has the right to reclaim such funds from the CONTRACTOR and the CONTRACTORis obliged to return the funds by <strong>DIN</strong> within an adequate time limit. In this case nofurther justification <strong>for</strong> such a reclaim is required from <strong>DIN</strong> in addition to the relevantreasons provided by the Commission/EFTA.Payments will be made to the CONTRACTOR with the following Bank details:[Name of the Bank][Full address of Bank]€ (EUR) Account No …CODE IBAN (International Bank Account Number): …CODE BIC or SWIFT CODE (Bank Identifier Code – Code <strong>for</strong> identifying banks): …Each invoice shall comply with the requirements listed in the attached document fromEC. Invoices regarding the standardization work shall be accompanied by a declarationof the real costs incurred, clearly stating the number of days worked.The declaration:- must be signed;- must specify that ‘working days’ means ‘full working days’.The signed declaration shall be in the following <strong>for</strong>mat:“I the undersigned declare that I worked the following number of days (full workingdays) within the framework of my contract with <strong>DIN</strong> [reference of this contract]:- in the reporting period [from …..to …..] [number] days;


Service Contract between [name of the company] and <strong>DIN</strong> - 6 -For the standardization work the total amount that the CONTRACTOR will in fact receivedepends on the number of days actually spent by the CONTRACTOR in thecontext of this contract.5. Provisions relating to fiscal chargesThe CONTRACTOR will remain responsible <strong>for</strong> all taxes imposed on him/her andother related obligations that arise as a result of this agreement. The CONTRACTORwill remain responsible <strong>for</strong> his/her own insurance cover including Professional Indemnitycover.6. Responsibility and Liability<strong>DIN</strong> shall in no case, and under no circumstances, be held responsible <strong>for</strong> claimsarising out of the present contract and relating to damages caused by theCONTRACTOR, his/her employees or a third party. No request of indemnity or reinstatementrelating to such claims may be addressed to <strong>DIN</strong>.The CONTRACTOR shall in respect of the staff designated <strong>for</strong> the per<strong>for</strong>mance ofthis contract, observe all regulations of labour law, in particular the regulations of socialsecurity and fiscal law.7. ConfidentialityThe CONTRACTOR undertakes to maintain confidentiality as regards all actionsnecessary to fulfil the contracted duties. Both parties commit themselves to mutualloyalty.8. CopyrightThe CONTRACTOR undertakes to assign to <strong>DIN</strong> (or as <strong>DIN</strong> may direct) his/her patrimonialrights of exploitation and all and any intellectual property rights in the worksdeveloped by him/her under the scope of this Agreement.Such assigned rights include reproduction rights including the publication, distribution,adjustment, translation, renting, loan, the remuneration rights <strong>for</strong> duplication andloan, as well as the rights of communication to the public of the works, in total or inpart, in summary or with comments, and including the right to transfer all exploitationlicences and to authorise all sub-licences.The transfer of rights covers all languages and covers all <strong>for</strong>ms of exploitation knownat present and non-restrictively; publication by all means and via all graphical supportsystems, by print, press, photocopy, microfilms and via all magnetic, computerisedand numerical support systems, memory cards, CD-ROMs, films, photographs,slides, teledistribution, cable, satellite, disks and online document servers.For all and each of the assigned exploitation modes, the transfer is granted free ofcharge, <strong>for</strong> all countries and <strong>for</strong> the total duration of the intellectual property rights.


Service Contract between [name of the company] and <strong>DIN</strong> - 8 -15. Applicable LawThis Agreement shall be governed by and interpreted in accordance with GermanLaw.For <strong>DIN</strong> <strong>Deutsches</strong> <strong>Institut</strong> <strong>für</strong> <strong>Normung</strong> e. V.For the CONTRACTOR……………Dr.-Ing. Torsten BahkeDirektor des <strong>DIN</strong>(Stamp)……………(Stamp)(Date)(Date)


A.2 Project 1: "Safety of toys - Migration of certain elements", peer reviewlaboratoryService contractBetween<strong>DIN</strong> <strong>Deutsches</strong> <strong>Institut</strong> <strong>für</strong> <strong>Normung</strong> e. V.Burggrafenstr. 610787 Berlinhereinafter referred to as "<strong>DIN</strong>"and[Details of the contractor/peer review laboratory]hereinafter referred to as the "Contractor"IntroductionThe European Commission/EFTA has decided to fund SA/CEN/2010-XX.1 "Safety oftoys - Migration of certain elements". This project is dealt with by CEN/TC 52/WG 5"Safety of toys - Chemical properties", the secretariat of which is held by <strong>DIN</strong>. <strong>DIN</strong>assures the organizational coordination work on behalf of CEN/TC 52/WG 5.1. Object of the contractThe CONTRACTOR agrees that he/she will participate in project SA/CEN/2010-XX.1"Safety of toys - Migration of certain elements" as a peer review laboratory <strong>for</strong> theduration of the project. He is tasked to produce the following deliverable:− Interim and final report on test method development and validation.The CONTRACTOR is also tasked to support the technical project leader of projectSA/CEN/2010-XX.1 "Safety of toys - Migration of certain elements" in the developmentand validation of the test method(s) <strong>for</strong> EN 71-3.2. Duties of the contractorThe CONTRACTOR's duties will include:• Support of the technical project leader in the development of the testmethod(s) <strong>for</strong> the determination of the 19 “elements” listed in Directive2009/48/EC, Annex II, part III, point 13 in close analogy to the present EN 71-3 and evaluation of the test method(s) at certain migration limits (about 50 %,100 %, 250 % of the limit in principle);• Support of the technical project leader in the evaluation of the possibilities <strong>for</strong>a pre-check method / pre-check procedure in order to exclude toys or parts of


Service Contract between and <strong>DIN</strong> - 2 -toys from further examination with the aim of minimizing the analytical ef<strong>for</strong>ts<strong>for</strong> the overall range of elements, in particular by examining the fitness <strong>for</strong> purposeof the pre-check method / pre-check procedure;• Application of the test method(s) to 12 different toys or parts of toys (4 of eachgroup of the Table in Directive 2009/48/EC, Annex II, part III, point 13) madeof CRM or RM which will be provided by the technical project leader;• Evaluation of the test method(s) in cooperation with the technical projectleader;• Support of the technical project leader in a first validation of the test method(s)using cross validation or related procedures;• Participation in a round robin test organized by the technical project leader:Application of the new test method(s) to 6 different toys or parts of toys (two ofeach group of the table in Directive 2009/48/EC, Annex II, part III, point 13);• Delivery of the required test data on all actions to the technical project leader;• Elaboration of up to 5 progress reports on the test method development andvalidation addressed to the technical project leader and CEN/TC 52/WG 5 includingan interim and a final report.Remarks on the development of test methods:• In principle the test method(s) shall be developed in close analogy to the presentEN 71-3 (ICP-MS as base equipment). However, <strong>for</strong> certain “elements”such as Cr(VI) or Organic tin differing approaches may be considered;• In particular organic tin (mono-, di-, tri-, tetra- organotins) should be analyzedby determining the tin content in the organic extract which will then be calculatedas the content of a given representative organic tin compound. The Selectionof this representative organic tin compound shall be discussed withinCEN/TC 52/WG 5/TG 2. The final decision will be taken by CEN/TC 52/WG 5;• The test method(s) shall include sampling, sample preparation, detection anddetermination of the substances, measurement uncertainty, reporting etc.;• The European Commission considers to adapt the limits of cadmium and leadaccording to the technical and scientific progress. The peer review laboratoryshall take modifications in limit values into account and assist the technicalproject leader in the adaption of the test method(s);• During the development of test methods CEN/TC 52/WG 5 representativesmay audit the laboratory of the contractor;• Whenever possible, internationally accepted procedures (e.g. according toCEN or ISO standards or guides) shall be applied.The CONTRACTOR undertakes to per<strong>for</strong>m his duties with reasonable care and skillapplying recognized practices. The CONTRACTOR is not entitled to subcontract anyrights and obligations of this contract without the prior written consent of <strong>DIN</strong>.In particular, the following target dates <strong>for</strong> each step shall be adhered to. In case ofnon-adherence to the target dates, the Commission/EFTA is entitled to cancel thefunding.


Service Contract between and <strong>DIN</strong> - 3 -I Signature of the contract T 0II Development and validation of test methodsII.1 Method Development with Peer Review Process T 0 + 10 monthsII.2 Interim report on test method development andvalidationT 0 + 11 monthsII.3 Round Robin Test T 0 + 16 monthsII.4 Final report on test method development andvalidationT 0 + 17 monthsThe Contractor has to record the expenses <strong>for</strong> material and human resources (includingexact date and hours). These records have to be kept <strong>for</strong> 10 years <strong>for</strong> possibleinspection by <strong>DIN</strong> or a charged legal institution. Upon request, <strong>DIN</strong> or a chargedlegal institution shall have unhindered access to the accounts and documents whichmay be required <strong>for</strong> auditing purposes.3. Obligations of <strong>DIN</strong><strong>DIN</strong> will send the CONTRACTOR on his/her request the final report of the project theContractor participated in.4. Invoicing and PaymentIn consideration of the work carried out according to this contract, the CONTRAC-TOR shall invoice to <strong>DIN</strong> a maximum sum of … € as follows:II.1 Interim report on test method development and validation up to 50 %II.3 Final report on test method development and validation up to 50 %The invoice shall state the following <strong>DIN</strong> VAT numbers:<strong>DIN</strong>: UST-ID-Nr: DE 136 622 143<strong>DIN</strong>: UST-Nr: 27/640/50470The payment is dependent on prior remittance having been made by the Commission/EFTAto <strong>DIN</strong>. If the European Commission/EFTA does not pay the agreed fundsto <strong>DIN</strong> and there<strong>for</strong>e <strong>DIN</strong> cannot pay the money, <strong>DIN</strong> will not be held liable <strong>for</strong> thesecircumstances.The a<strong>for</strong>esaid sum shall be understood to cover all expenditure incurred by the Contractorin the per<strong>for</strong>mance of this contract.The payments are due only if the Contractor has fulfilled the tasks within the giventime schedule, <strong>DIN</strong> has approved the results and the Contractor has sent a detailedinvoice (material, cost <strong>for</strong> staff, travel and a schedule of the tasks fulfilled etc.) thatfulfils the requirements described below.<strong>DIN</strong> has the right to demand invoices and documentation of work done be<strong>for</strong>e paying.


Service Contract between and <strong>DIN</strong> - 4 -Should the Commission/EFTA retroactively reclaim funds already paid to <strong>DIN</strong> <strong>for</strong> thepayment of the CONTRACTOR and <strong>for</strong>warded by <strong>DIN</strong> to the CONTRACTOR, <strong>DIN</strong>has the right to reclaim such funds from the CONTRACTOR and the CONTRACTORis obliged to return the funds by <strong>DIN</strong> within an adequate time limit. In this case nofurther justification <strong>for</strong> such a reclaim is required from <strong>DIN</strong> in addition to the relevantreasons provided by the Commission/EFTA.Payments will be made to the CONTRACTOR with the following Bank details:[Name of the Bank][Full address of Bank]€ (EUR) Account No …CODE IBAN (International Bank Account Number): …CODE BIC or SWIFT CODE (Bank Identifier Code – Code <strong>for</strong> identifying banks): …Each invoice shall comply with the requirements listed in the attached document fromEC.5. Provisions relating to fiscal chargesThe CONTRACTOR will remain responsible <strong>for</strong> all taxes imposed on him/her andother related obligations that arise as a result of this agreement. The CONTRACTORwill remain responsible <strong>for</strong> his/her own insurance cover including Professional Indemnitycover.6. Responsibility and Liability<strong>DIN</strong> shall in no case, and under no circumstances, be held responsible <strong>for</strong> claimsarising out of the present contract and relating to damages caused by theCONTRACTOR, his/her employees or a third party. No request of indemnity or reinstatementrelating to such claims may be addressed to <strong>DIN</strong>.The CONTRACTOR shall in respect of the staff designated <strong>for</strong> the per<strong>for</strong>mance ofthis contract, observe all regulations of labour law, in particular the regulations of socialsecurity and fiscal law.7. ConfidentialityThe CONTRACTOR undertakes to maintain confidentiality as regards all actionsnecessary to fulfil the contracted duties. Both parties commit themselves to mutualloyalty.8. CopyrightThe CONTRACTOR undertakes to assign to <strong>DIN</strong> (or as <strong>DIN</strong> may direct) his/her patrimonialrights of exploitation and all and any intellectual property rights in the worksdeveloped by him/her under the scope of this Agreement.


Service Contract between and <strong>DIN</strong> - 5 -Such assigned rights include reproduction rights including the publication, distribution,adjustment, translation, renting, loan, the remuneration rights <strong>for</strong> duplication andloan, as well as the rights of communication to the public of the works, in total or inpart, in summary or with comments, and including the right to transfer all exploitationlicences and to authorise all sub-licences.The transfer of rights covers all languages and covers all <strong>for</strong>ms of exploitation knownat present and non-restrictively; publication by all means and via all graphical supportsystems, by print, press, photocopy, microfilms and via all magnetic, computerisedand numerical support systems, memory cards, CD-ROMs, films, photographs,slides, teledistribution, cable, satellite, disks and online document servers.For all and each of the assigned exploitation modes, the transfer is granted free ofcharge, <strong>for</strong> all countries and <strong>for</strong> the total duration of the intellectual property rights.9. TerminationRegardless of other claims, in the case of serious disrespect of the terms of the contractby the CONTRACTOR (inter alia where the work is not provided in accordancewith the terms of this contract, or not completed within the time limits according tothis contract), <strong>DIN</strong> may cancel the contract at any time without notice.10. Administrative provisionsWith the exception of invoices, all correspondence with <strong>DIN</strong> concerning the per<strong>for</strong>manceof this contract shall be addressed as follows:Sebastian Lentz, Secretary CEN/TC 52/WG 5, Phone: +49 30 2601-2715email: sebastian.lentz@din.deAll invoices to <strong>DIN</strong> shall be addressed as follows:<strong>DIN</strong> <strong>Deutsches</strong> <strong>Institut</strong> <strong>für</strong> <strong>Normung</strong> e. V.Buchhaltung10772 BerlinAll correspondence with the CONTRACTOR shall be addressed as follows:11. AssignmentThe CONTRACTOR shall not assign, transfer, subcontract or in any other mannermake over to any third party the benefit and/or burden of this Agreement without theprior written consent of <strong>DIN</strong>.12. Alterations to the contractSubsidiary agreements and modifications to this contract are only legally bindingwhen in written <strong>for</strong>m and signed by both parties.


Service Contract between and <strong>DIN</strong> - 6 -13. ValidityIf any of the provisions of this contract become invalid, this shall not affect any part ofthe remaining contract.14. Arbitration clauseAll disputes arising in the course of this contract will be settled regularly by negotiations.Should the parties fail to reach a satisfactory solution within two months time,they agree on the jurisdiction of the courts of Berlin.15. Applicable LawThis Agreement shall be governed by and interpreted in accordance with GermanLaw.For <strong>DIN</strong> <strong>Deutsches</strong> <strong>Institut</strong> <strong>für</strong> <strong>Normung</strong> e. V.For the CONTRACTOR……………Dr.-Ing. Torsten BahkeDirektor des <strong>DIN</strong>(Stamp)……………(Stamp)(Date)(Date)


A.3 Project 2: "Safety of toys - N-Nitrosamines and N-nitrosatable substances", technical project leaderService contractBetween<strong>DIN</strong> <strong>Deutsches</strong> <strong>Institut</strong> <strong>für</strong> <strong>Normung</strong> e. V.Burggrafenstr. 610787 Berlinhereinafter referred to as "<strong>DIN</strong>"and[Details of the contractor/technical project leader]hereinafter referred to as the "Contractor"IntroductionThe European Commission/EFTA has decided to fund SA/CEN/2010-XX.5 "Safety oftoys - N-Nitrosamines and N-nitrosatable substances". This project is dealt with byCEN/TC 52/WG 5 "Safety of toys - Chemical properties", the secretariat of which isheld by <strong>DIN</strong>. <strong>DIN</strong> assures the organizational coordination work on behalf ofCEN/TC 52/WG 5.1. Object of the contractThe CONTRACTOR agrees that he/she will participate in project SA/CEN/2010-XX.5"Safety of toys - N-Nitrosamines and N-nitrosatable substances" as a Technical ProjectLeader <strong>for</strong> the duration of the project. He is tasked to produce the following deliverables:− Validated test method(s) on which EN 71-X will base(in cooperation with a peer review laboratory contracted by <strong>DIN</strong>);− Interim and final report on test method development and validation;− WI 00052091 Safety of toys - Part X: N-Nitrosamines and N-nitrosatable substancesThis European standard specifies requirements and test methods regarding themigration of N-nitrosamines and N-nitrosatable substances in rubber materials oftoys and parts of toys and in finger paints.− Interim and final report on standardization work.


Service Contract between and <strong>DIN</strong> - 2 -2. Duties of the contractorThe CONTRACTOR's duties will include the development and validation of test methods(method development) and the preparation of a draft European standard incooperation with Task Group CEN/TC 52/WG 5/TG 3 “Nitrosamines and nitrosatablesubstances” (standardization work).In particular method development and validation comprise the following tasks:• Provision of Certified Reference Materials (CRM) or Reference Materials (RM)confirmed by CEN/TC 52/WG 5 which will be used <strong>for</strong> the development of testmethod(s), the testing at the peer review laboratory and the round robin test;• Conduction of a pre-study in order to determine which N-nitrosamines mightbe contained in finger paints and submission of the results in an interim report(based on the results of this study it will be decided on the N-nitrosamineswhich shall be considered in the development of the test method regardingfinger paints);• Development of test method(s) <strong>for</strong> the determination of the N-nitrosaminesand N-nitrosatable substances required by Directive 2009/48/EC, Annex II,part III,. point 8 in two types of materials “rubber/elastomers/TPE etc.” (migration)and finger paints (content) and evaluation of the test method(s) at certainlimits (about 50 %, 100 %, 250 % of the limits of the Directive <strong>for</strong> “rubber/elastomers/TPEetc.”, and 10 %, 20 %, 50 % of the limits of the Directive<strong>for</strong> finger paints);• Evaluation of the possibilities <strong>for</strong> a pre-check method / pre-check procedure inorder to exclude toys or parts of toys from further examination;• Application of the test method(s) to 10 different toys or parts of toys (7 "rubber/elastomers/TPEetc.", 3 finger paints) made of CRM or RM confirmed byCEN/TC 52/WG 5;• Evaluation of the test method(s) in cooperation with a peer review laboratorycontracted by <strong>DIN</strong> (delivering of the test method(s), the RM etc. to the peer reviewlaboratory);• First validation of the test method(s) based on data of the lead and the peerreview laboratory using cross validation or related procedures;• Organisation and conduction of the collaborative studies on the basis of a preevaluationof the test method(s) by the participating laboratories (stated by<strong>DIN</strong>) previous to the round robin test;• Organisation of a round robin test: Around 15 laboratories which are contractedby <strong>DIN</strong> (validated data of at least 10 laboratories is required) shall applythe new test method(s) to 4 different toys or parts of toys (3 "rubber/elastomers/TPEetc." and 1 finger paint);• Assessment of the results of the round robin test and final validation;• Elaboration of up to 5 progress reports on the test method development andvalidation addressed to CEN/TC 52/WG 5 including one interim report and onefinal report which will be submitted to the European Commission (EC).Further remarks on the development of test methods:• The N-nitrosamines and N-nitrosatable substances which shall be consideredin the test method development and the determination limits <strong>for</strong> the specificsubstances will be specified by CEN/TC 52/WG 5 (<strong>for</strong> “rubber/elastomers/TPE


Service Contract between and <strong>DIN</strong> - 3 -etc.” according to literature data and <strong>for</strong> finger paints after the pre-study). Inboth applications not more than 20 N-nitrosamines and 20 N-nitrosatable substanceswill be considered. For “rubber/elastomers/TPE etc.” at least 5 ofthose N-nitrosamines shall be tested by using RM. The application of the othersubstances shall be confirmed by using standards;• In the application the technical project leader shall clearly indicate which detectionmethod he intends to apply <strong>for</strong> the determination of N-nitrosamines andN-nitrosatable substances during the test method development and how correctanalytical results will be ensured (e.g. confirmation of the N-nitrosaminesdetected by applying a second method). These methods shall also be appliedby the peer review laboratory and in the round robin test. However, the standardshall not set a fixed detection method but specify requirements concerningthe per<strong>for</strong>mance and accuracy of the test method;• The test method(s) shall include sampling, storage of samples until analysis,sample preparation, detection and determination of the substances, measurementuncertainty and reporting etc.;• During the development of test methods CEN/TC 52/WG 5 representativesmay audit the laboratory of the contractor;• The software <strong>for</strong> the assessment of the round robin test has to be confirmedby CEN/TC 52/WG 5;• Whenever possible, internationally accepted procedures (e.g. according toCEN or ISO standards or guides) shall be applied, in particular <strong>for</strong> round robintests and reference materials.The tasks regarding the standardisation work are the following:• Organisation of the meetings of CEN/TC 52/WG 5/TG 3 in Europe;• Provision of the convenor <strong>for</strong> CEN/TC 52/WG 5/TG 3;• Discussion of the results of the test method development and validation withinCEN/TC 52/WG 5/TG 3;• Preparation of a draft European Standard based on suitable and validated testmethods in cooperation with CEN/TC 52/WG 5/TG 3 (the draft must be approvedby CEN/TC 52/WG 5 whereupon the <strong>for</strong>mal CEN-procedure starts);• Discussion of the draft standard with the corresponding Task Group and ifnecessary with CEN/TC 52/WG 5;• Evaluation of technical comments given during meetings ofCEN/TC 52/WG 5/TG 3, CEN/TC 52/WG 5 and/or CEN/TC 52 and during theenquiry stage of the draft standard;• Elaboration of an interim report and a final report on standardisation workwhich will be submitted to the European Commission (EC).The CONTRACTOR undertakes to per<strong>for</strong>m his duties with reasonable care and skillapplying recognized practices. The CONTRACTOR is not entitled to subcontract anyrights and obligations of this contract without the prior written consent of <strong>DIN</strong>.The selection procedure documented in ((document reference)) selected the CON-TRACTOR on the basis of his/her personal qualification and experience ((if necessaryto be adjusted to: on the basis of the personal qualification of the person assignedas convenor)). All man-days under this contract must there<strong>for</strong>e be per<strong>for</strong>medby the CONTRACTOR in person ((if necessary to be adjusted to: by the assigned


Service Contract between and <strong>DIN</strong> - 4 -convenor in person)). Any deviations from this must be justified in writing and authorizedby the European Commission be<strong>for</strong>e any related funds can be disbursed.In particular, the following target dates <strong>for</strong> each step shall be adhered to. In case ofnon-adherence to the target dates, the Commission/EFTA is entitled to cancel thefunding.((In order to meet the time frame of this project the following milestones are <strong>for</strong>eseen.In agreement of the appointed technical project leader, the appointed peer reviewlaboratory and <strong>DIN</strong> the milestones may be adjusted in the final contract.))I Signature of the contract T 0II Development and validation of test methodsII.1 Method Development with Peer Review Process T 0 + 10 monthsII.2 Interim report on test method development andvalidation <strong>for</strong> ECT 0 + 12 monthsII.3 Round Robin Test T 0 + 16 monthsII.4 Final report on test method development andvalidation <strong>for</strong> ECT 0 + 18 monthsIII Standardisation processIII.1 WI 00052091 stage code 20.60 (1 st Working Draft) T 0 + 12 monthsIII.2 WI 00052091 stage code 30.99 (doc. <strong>for</strong> enquiry) T 0 + 18 monthsIII.3 Interim report on standardisation work <strong>for</strong> EC T 0 + 18 monthsIII.4 WI 00052091 stage code 45.00 (doc. <strong>for</strong> <strong>for</strong>mal vote) T 0 + 33 monthsIII.5 Final report on standardisation work <strong>for</strong> EC T 0 + 41 monthsThe Contractor has to record the expenses <strong>for</strong> material and human resources (includingexact date and hours). These records have to be kept <strong>for</strong> 10 years <strong>for</strong> possibleinspection by <strong>DIN</strong> or a charged legal institution. Upon request, <strong>DIN</strong> or a chargedlegal institution shall have unhindered access to the accounts and documents whichmay be required <strong>for</strong> auditing purposes.3. Obligations of <strong>DIN</strong><strong>DIN</strong> will send the CONTRACTOR on his/her request the final report of the project theContractor participated in.4. Invoicing and PaymentIn consideration of the standardisation work carried out according to this contract, theCONTRACTOR shall invoice to <strong>DIN</strong> a maximum daily rate, including travel and meetingcosts, of … € per man-day up to a maximum of … man-days totalling a maximumsum of … € as follows:III.1 WI 00052091 stage code 20.60 (1 st Working Draft) up to 25 %III.3 Interim Report on standardisation work <strong>for</strong> EC up to 20 %III.4 WI 00052091 stage code 45.00 (doc. <strong>for</strong> <strong>for</strong>mal vote) up to 30 %III.5 Final report on standardisation work <strong>for</strong> EC up to 25 %


Service Contract between and <strong>DIN</strong> - 5 -In consideration of the work regarding method development carried out according tothis contract, the CONTRACTOR shall invoice to <strong>DIN</strong> a maximum sum of … € as follows:Confirmation of CRM/RM up to 25 %II.2 Interim report on test method development and validation <strong>for</strong> EC up to 35 %II.4 Final report on test method development and validation <strong>for</strong> EC up to 40 %The invoice shall state the following <strong>DIN</strong> VAT numbers:<strong>DIN</strong>: UST-ID-Nr: DE 136 622 143<strong>DIN</strong>: UST-Nr: 27/640/50470The payment is dependent on prior remittance having been made by the Commission/EFTAto <strong>DIN</strong>. If the European Commission/EFTA does not pay the agreed fundsto <strong>DIN</strong> and there<strong>for</strong>e <strong>DIN</strong> cannot pay the money, <strong>DIN</strong> will not be held liable <strong>for</strong> thesecircumstances.The a<strong>for</strong>esaid sum shall be understood to cover all expenditure incurred by the Contractorin the per<strong>for</strong>mance of this contract.The payments are due only if the Contractor has fulfilled the tasks within the giventime schedule, <strong>DIN</strong> has approved the results and the Contractor has sent a detailedinvoice (material, cost <strong>for</strong> staff, travel and a schedule of the tasks fulfilled etc.) thatfulfils the requirements described below.<strong>DIN</strong> has the right to demand invoices and documentation of work done be<strong>for</strong>e paying.Should the Commission/EFTA retroactively reclaim funds already paid to <strong>DIN</strong> <strong>for</strong> thepayment of the CONTRACTOR and <strong>for</strong>warded by <strong>DIN</strong> to the CONTRACTOR, <strong>DIN</strong>has the right to reclaim such funds from the CONTRACTOR and the CONTRACTORis obliged to return the funds by <strong>DIN</strong> within an adequate time limit. In this case nofurther justification <strong>for</strong> such a reclaim is required from <strong>DIN</strong> in addition to the relevantreasons provided by the Commission/EFTA.Payments will be made to the CONTRACTOR with the following Bank details:[Name of the Bank][Full address of Bank]€ (EUR) Account No …CODE IBAN (International Bank Account Number): …CODE BIC or SWIFT CODE (Bank Identifier Code – Code <strong>for</strong> identifying banks): …Each invoice shall comply with the requirements listed in the attached document fromEC. Invoices regarding the standardization work shall be accompanied by a declarationof the real costs incurred, clearly stating the number of days worked.


Service Contract between and <strong>DIN</strong> - 6 -The declaration:- must be signed;- must specify that ‘working days’ means ‘full working days’.The signed declaration shall be in the following <strong>for</strong>mat:“I the undersigned declare that I worked the following number of days (full workingdays) within the framework of my contract with <strong>DIN</strong> [reference of this contract]:- in the reporting period [from …..to …..] [number] days;For the standardization work the total amount that the CONTRACTOR will in fact receivedepends on the number of days actually spent by the CONTRACTOR in thecontext of this contract.5. Provisions relating to fiscal chargesThe CONTRACTOR will remain responsible <strong>for</strong> all taxes imposed on him/her andother related obligations that arise as a result of this agreement. The CONTRACTORwill remain responsible <strong>for</strong> his/her own insurance cover including Professional Indemnitycover.6. Responsibility and Liability<strong>DIN</strong> shall in no case, and under no circumstances, be held responsible <strong>for</strong> claimsarising out of the present contract and relating to damages caused by theCONTRACTOR, his/her employees or a third party. No request of indemnity or reinstatementrelating to such claims may be addressed to <strong>DIN</strong>.The CONTRACTOR shall in respect of the staff designated <strong>for</strong> the per<strong>for</strong>mance ofthis contract, observe all regulations of labour law, in particular the regulations of socialsecurity and fiscal law.7. ConfidentialityThe CONTRACTOR undertakes to maintain confidentiality as regards all actionsnecessary to fulfil the contracted duties. Both parties commit themselves to mutualloyalty.8. CopyrightThe CONTRACTOR undertakes to assign to <strong>DIN</strong> (or as <strong>DIN</strong> may direct) his/her patrimonialrights of exploitation and all and any intellectual property rights in the worksdeveloped by him/her under the scope of this Agreement.Such assigned rights include reproduction rights including the publication, distribution,adjustment, translation, renting, loan, the remuneration rights <strong>for</strong> duplication andloan, as well as the rights of communication to the public of the works, in total or inpart, in summary or with comments, and including the right to transfer all exploitationlicences and to authorise all sub-licences.


Service Contract between and <strong>DIN</strong> - 7 -The transfer of rights covers all languages and covers all <strong>for</strong>ms of exploitation knownat present and non-restrictively; publication by all means and via all graphical supportsystems, by print, press, photocopy, microfilms and via all magnetic, computerisedand numerical support systems, memory cards, CD-ROMs, films, photographs,slides, teledistribution, cable, satellite, disks and online document servers.For all and each of the assigned exploitation modes, the transfer is granted free ofcharge, <strong>for</strong> all countries and <strong>for</strong> the total duration of the intellectual property rights.9. TerminationRegardless of other claims, in the case of serious disrespect of the terms of the contractby the CONTRACTOR (inter alia where the work is not provided in accordancewith the terms of this contract, or not completed within the time limits according tothis contract), <strong>DIN</strong> may cancel the contract at any time without notice.10. Administrative provisionsWith the exception of invoices, all correspondence with <strong>DIN</strong> concerning the per<strong>for</strong>manceof this contract shall be addressed as follows:Sebastian Lentz, Secretary CEN/TC 52/WG 5, Phone: +49 30 2601-2715email: sebastian.lentz@din.deAll invoices to <strong>DIN</strong> shall be addressed as follows:<strong>DIN</strong> <strong>Deutsches</strong> <strong>Institut</strong> <strong>für</strong> <strong>Normung</strong> e. V.Buchhaltung10772 BerlinAll correspondence with the CONTRACTOR shall be addressed as follows:11. AssignmentThe CONTRACTOR shall not assign, transfer, subcontract or in any other mannermake over to any third party the benefit and/or burden of this Agreement without theprior written consent of <strong>DIN</strong>.12. Alterations to the contractSubsidiary agreements and modifications to this contract are only legally bindingwhen in written <strong>for</strong>m and signed by both parties.13. ValidityIf any of the provisions of this contract become invalid, this shall not affect any part ofthe remaining contract.


Service Contract between and <strong>DIN</strong> - 8 -14. Arbitration clauseAll disputes arising in the course of this contract will be settled regularly by negotiations.Should the parties fail to reach a satisfactory solution within two months time,they agree on the jurisdiction of the courts of Berlin.15. Applicable LawThis Agreement shall be governed by and interpreted in accordance with GermanLaw.For <strong>DIN</strong> <strong>Deutsches</strong> <strong>Institut</strong> <strong>für</strong> <strong>Normung</strong> e. V.For the CONTRACTOR……………Dr.-Ing. Torsten BahkeDirektor des <strong>DIN</strong>(Stamp)……………(Stamp)(Date)(Date)


A.4 Project 2: "Safety of toys - N-Nitrosamines and N-nitrosatable substances", peer review laboratoryService contractBetween<strong>DIN</strong> <strong>Deutsches</strong> <strong>Institut</strong> <strong>für</strong> <strong>Normung</strong> e. V.Burggrafenstr. 610787 Berlinhereinafter referred to as "<strong>DIN</strong>"and[Details of the contractor/peer review laboratory]hereinafter referred to as the "Contractor"IntroductionThe European Commission/EFTA has decided to fund SA/CEN/2010-XX.5 "Safety oftoys - N-Nitrosamines and N-nitrosatable substances ". This project is dealt with byCEN/TC 52/WG 5 "Safety of toys - Chemical properties", the secretariat of which isheld by <strong>DIN</strong>. <strong>DIN</strong> assures the organizational coordination work on behalf ofCEN/TC 52/WG 5.1. Object of the contractThe CONTRACTOR agrees that he/she will participate in project SA/CEN/2010-XX.5"Safety of toys - N-Nitrosamines and N-nitrosatable substances" as a peer reviewlaboratory <strong>for</strong> the duration of the project. He is tasked to produce the following deliverable:− Interim and final report on test method development and validation.The CONTRACTOR is also tasked to support the technical project leader of projectSA/CEN/2010-XX.5 "Safety of toys - N-Nitrosamines and N-nitrosatable substances"in the development and validation of the test method(s) <strong>for</strong> EN 71-X.2. Duties of the contractorThe CONTRACTOR's duties will include:• Support of the technical project leader in the development of the testmethod(s) <strong>for</strong> the determination of the N-nitrosamines and N-nitrosatable substancesrequired by Directive 2009/48/EC, Annex II, part III,. point 8 in twotypes of materials “rubber/elastomers/TPE etc.” (migration) and finger paints(content) and evaluation of the test method(s) at certain limits (about


Service Contract between > and <strong>DIN</strong> - 2 -50 %,100 %, 250 % of the limits of the Directive <strong>for</strong> “rubber/elastomers/TPEetc.”, and 10 %, 20 %, 50 % of the limits of the Directive <strong>for</strong> finger paints);• Support of the technical project leader in the evaluation of the possibilities <strong>for</strong>a pre-check method / pre-check procedure in order to exclude toys or parts oftoys from further examination;• Application of the test method(s) to 10 different toys or parts of toys (7 "rubber/elastomers/TPE",3 finger paints) made of CRM or RM which will be providedby the technical project leader;• Evaluation of the test method(s) in cooperation with the technical projectleader;• Support of the technical project leader in a first validation of the test method(s)using cross validation or related procedures;• Participation in a round robin test organized by the technical project leader:Application of the new test method(s) to 4 different toys or parts of toys (3"rubber/elastomers/TPE" and 1 finger paint);• Delivery of the required test data on all actions to the technical project leader;• Elaboration of up to 5 progress reports on the test method development andvalidation addressed to the technical project leader and CEN/TC 52/WG 5 includingan interim and a final report.Remarks on the development of test methods:• The N-nitrosamines and N-nitrosatable substances which shall be consideredin the test method development and the determination limits <strong>for</strong> the specificsubstances will be specified by CEN/TC 52/WG 5 ((<strong>for</strong> “rubber/elastomers/TPEetc.” according to literature data and <strong>for</strong> finger paints afterthe pre-study). In both applications not more than 20 N-nitrosamines and 20N-nitrosatable substances will be considered. For “rubber/elastomers/TPE” atleast 5 of those N-nitrosamines shall be tested by using RM. The applicationof the other substances shall be confirmed by using standards;• The test method(s) shall include sampling, storage of samples until analysis,sample preparation, detection and determination of the substances, measurementuncertainty and reporting etc.;• During the development of test methods CEN/TC 52/WG 5 representativesmay audit the laboratory of the contractor;• Whenever possible, internationally accepted procedures (e.g. according toCEN or ISO standards or guides) shall be applied.The CONTRACTOR undertakes to per<strong>for</strong>m his duties with reasonable care and skillapplying recognized practices. The CONTRACTOR is not entitled to subcontract anyrights and obligations of this contract without the prior written consent of <strong>DIN</strong>.In particular, the following target dates <strong>for</strong> each step shall be adhered to. In case ofnon-adherence to the target dates, the Commission/EFTA is entitled to cancel thefunding.((In order to meet the time frame of this project the following milestones are <strong>for</strong>eseen.In agreement of the appointed technical project leader, the appointed peer reviewlaboratory and <strong>DIN</strong> the milestones may be adjusted in the final contract.))


Service Contract between > and <strong>DIN</strong> - 3 -I Signature of the contract T 0II Development and validation of test methodsII.1 Method Development with Peer Review Process T 0 + 10 monthsII.2 Interim report on test method development andvalidationT 0 + 11 monthsII.3 Round Robin Test T 0 + 16 monthsII.4 Final report on test method development andvalidationT 0 + 17 monthsThe Contractor has to record the expenses <strong>for</strong> material and human resources (includingexact date and hours). These records have to be kept <strong>for</strong> 10 years <strong>for</strong> possibleinspection by <strong>DIN</strong> or a charged legal institution. Upon request, <strong>DIN</strong> or a chargedlegal institution shall have unhindered access to the accounts and documents whichmay be required <strong>for</strong> auditing purposes.3. Obligations of <strong>DIN</strong><strong>DIN</strong> will send the CONTRACTOR on his/her request the final report of the project theContractor participated in.4. Invoicing and PaymentIn consideration of the work carried out according to this contract, the CONTRAC-TOR shall invoice to <strong>DIN</strong> a maximum sum of … € as follows:II.1 Interim report on test method development and validation up to 50 %II.3 Final report on test method development and validation up to 50 %The invoice shall state the following <strong>DIN</strong> VAT numbers:<strong>DIN</strong>: UST-ID-Nr: DE 136 622 143<strong>DIN</strong>: UST-Nr: 27/640/50470The payment is dependent on prior remittance having been made by the Commission/EFTAto <strong>DIN</strong>. If the European Commission/EFTA does not pay the agreed fundsto <strong>DIN</strong> and there<strong>for</strong>e <strong>DIN</strong> cannot pay the money, <strong>DIN</strong> will not be held liable <strong>for</strong> thesecircumstances.The a<strong>for</strong>esaid sum shall be understood to cover all expenditure incurred by the Contractorin the per<strong>for</strong>mance of this contract.The payments are due only if the Contractor has fulfilled the tasks within the giventime schedule, <strong>DIN</strong> has approved the results and the Contractor has sent a detailedinvoice (material, cost <strong>for</strong> staff, travel and a schedule of the tasks fulfilled etc.) thatfulfils the requirements described below.<strong>DIN</strong> has the right to demand invoices and documentation of work done be<strong>for</strong>e paying.Should the Commission/EFTA retroactively reclaim funds already paid to <strong>DIN</strong> <strong>for</strong> thepayment of the CONTRACTOR and <strong>for</strong>warded by <strong>DIN</strong> to the CONTRACTOR, <strong>DIN</strong>


Service Contract between > and <strong>DIN</strong> - 4 -has the right to reclaim such funds from the CONTRACTOR and the CONTRACTORis obliged to return the funds by <strong>DIN</strong> within an adequate time limit. In this case nofurther justification <strong>for</strong> such a reclaim is required from <strong>DIN</strong> in addition to the relevantreasons provided by the Commission/EFTA.Payments will be made to the CONTRACTOR with the following Bank details:[Name of the Bank][Full address of Bank]€ (EUR) Account No …CODE IBAN (International Bank Account Number): …CODE BIC or SWIFT CODE (Bank Identifier Code – Code <strong>for</strong> identifying banks): …Each invoice shall comply with the requirements listed in the attached document fromEC.5. Provisions relating to fiscal chargesThe CONTRACTOR will remain responsible <strong>for</strong> all taxes imposed on him/her andother related obligations that arise as a result of this agreement. The CONTRACTORwill remain responsible <strong>for</strong> his/her own insurance cover including Professional Indemnitycover.6. Responsibility and Liability<strong>DIN</strong> shall in no case, and under no circumstances, be held responsible <strong>for</strong> claimsarising out of the present contract and relating to damages caused by theCONTRACTOR, his/her employees or a third party. No request of indemnity or reinstatementrelating to such claims may be addressed to <strong>DIN</strong>.The CONTRACTOR shall in respect of the staff designated <strong>for</strong> the per<strong>for</strong>mance ofthis contract, observe all regulations of labour law, in particular the regulations of socialsecurity and fiscal law.7. ConfidentialityThe CONTRACTOR undertakes to maintain confidentiality as regards all actionsnecessary to fulfil the contracted duties. Both parties commit themselves to mutualloyalty.8. CopyrightThe CONTRACTOR undertakes to assign to <strong>DIN</strong> (or as <strong>DIN</strong> may direct) his/her patrimonialrights of exploitation and all and any intellectual property rights in the worksdeveloped by him/her under the scope of this Agreement.Such assigned rights include reproduction rights including the publication, distribution,adjustment, translation, renting, loan, the remuneration rights <strong>for</strong> duplication and


Service Contract between > and <strong>DIN</strong> - 5 -loan, as well as the rights of communication to the public of the works, in total or inpart, in summary or with comments, and including the right to transfer all exploitationlicences and to authorise all sub-licences.The transfer of rights covers all languages and covers all <strong>for</strong>ms of exploitation knownat present and non-restrictively; publication by all means and via all graphical supportsystems, by print, press, photocopy, microfilms and via all magnetic, computerisedand numerical support systems, memory cards, CD-ROMs, films, photographs,slides, teledistribution, cable, satellite, disks and online document servers.For all and each of the assigned exploitation modes, the transfer is granted free ofcharge, <strong>for</strong> all countries and <strong>for</strong> the total duration of the intellectual property rights.9. TerminationRegardless of other claims, in the case of serious disrespect of the terms of the contractby the CONTRACTOR (inter alia where the work is not provided in accordancewith the terms of this contract, or not completed within the time limits according tothis contract), <strong>DIN</strong> may cancel the contract at any time without notice.10. Administrative provisionsWith the exception of invoices, all correspondence with <strong>DIN</strong> concerning the per<strong>for</strong>manceof this contract shall be addressed as follows:Sebastian Lentz, Secretary CEN/TC 52/WG 5, Phone: +49 30 2601-2715email: sebastian.lentz@din.deAll invoices to <strong>DIN</strong> shall be addressed as follows:<strong>DIN</strong> <strong>Deutsches</strong> <strong>Institut</strong> <strong>für</strong> <strong>Normung</strong> e. V.Buchhaltung10772 BerlinAll correspondence with the CONTRACTOR shall be addressed as follows:11. AssignmentThe CONTRACTOR shall not assign, transfer, subcontract or in any other mannermake over to any third party the benefit and/or burden of this Agreement without theprior written consent of <strong>DIN</strong>.12. Alterations to the contractSubsidiary agreements and modifications to this contract are only legally bindingwhen in written <strong>for</strong>m and signed by both parties.


Service Contract between > and <strong>DIN</strong> - 6 -13. ValidityIf any of the provisions of this contract become invalid, this shall not affect any part ofthe remaining contract.14. Arbitration clauseAll disputes arising in the course of this contract will be settled regularly by negotiations.Should the parties fail to reach a satisfactory solution within two months time,they agree on the jurisdiction of the courts of Berlin.15. Applicable LawThis Agreement shall be governed by and interpreted in accordance with GermanLaw.For <strong>DIN</strong> <strong>Deutsches</strong> <strong>Institut</strong> <strong>für</strong> <strong>Normung</strong> e. V.For the CONTRACTOR……………Dr.-Ing. Torsten BahkeDirektor des <strong>DIN</strong>(Stamp)……………(Stamp)(Date)(Date)


A.5 Project 3: "Safety of toys - Finger paints ", technical project leaderService contractBetween<strong>DIN</strong> <strong>Deutsches</strong> <strong>Institut</strong> <strong>für</strong> <strong>Normung</strong> e. V.Burggrafenstr. 610787 Berlinhereinafter referred to as "<strong>DIN</strong>"and[Details of the contractor/technical project leader]hereinafter referred to as the "Contractor"IntroductionThe European Commission/EFTA has decided to fund SA/CEN/2010-XX.4 "Safety oftoys - Finger paints". This project is dealt with by CEN/TC 52/WG 5 "Safety of toys -Chemical properties", the secretariat of which is held by <strong>DIN</strong>. <strong>DIN</strong> assures the organizationalcoordination work on behalf of CEN/TC 52/WG 5.1. Object of the contractThe CONTRACTOR agrees that he/she will participate in project SA/CEN/2010-XX.4"Safety of toys - Finger paints" as a Technical Project Leader <strong>for</strong> the duration of theproject. He is tasked to produce the following deliverables:− Validated test method(s) on which EN 71-7 will base(in cooperation with a peer review laboratory contracted by <strong>DIN</strong>);− Interim and final report on test method development and validation;− WI 00052077 EN 71-7 Safety of toys - Part 7: Finger paints - Requirements andtest methodsThis part of EN 71 specifies requirements <strong>for</strong> the substances and materials usedin finger paints and applies to finger paints only.Additional requirements are specified <strong>for</strong> markings, labelling and containers.− Interim and final report on standardization work.2. Duties of the contractorThe CONTRACTOR's duties will include the development and validation of test methods(method development) and the preparation of a draft European standard in


Service Contract between and <strong>DIN</strong> - 2 -cooperation with Task Group CEN/TC 52/WG 5/TG 1 “Chemical toys” (standardizationwork).In particular method development and validation comprise the following tasks:• Provision of Certified Reference Materials (CRM) or Reference Materials (RM)confirmed by CEN/TC 52/WG 5 which will be used <strong>for</strong> the development of testmethod(s) and the testing at the peer review laboratory;• Modification and validation of the test method(s) in Annex D of EN 71-7 (Fingerpaints) adjusting the standard to the requirements of Directive2009/48/EC, Annex II, part III and evaluation of the test method(s) at certainlimits (around 50 %, 100 %, 250 % of the limits in principle);• Development of the test method(s) <strong>for</strong> EN 71-7 (Finger paints) <strong>for</strong> poly chlorinatedbiphenyls, hexachlorobenzene, benzo[a]pyrene and pyrimidine derivativesand evaluation of the test method(s) at low limits to be finally set <strong>for</strong>these contaminants by CEN/TC 52/WG 5 (around 50 %, 100 %, 250 % of thelimits in principle);• Application of the test methods to 8 different toys made of CRM or RM confirmedby CEN/TC 52/WG 5;• Evaluation of the test methods in cooperation with a peer review laboratorycontracted by <strong>DIN</strong> (delivering of the test methods, the RM etc. to the peer reviewlaboratory);• Validation of the test methods based on data of lead and peer review laboratory;• Elaboration of up to 5 progress reports on the test method development andvalidation addressed to CEN/TC 52/WG 5 including one interim report and onefinal report which will be submitted to the European Commission (EC).Further remarks on the development of test methods:• The test methods shall include sampling, sample preparation, detection anddetermination of the substances, measurement uncertainty and reporting etc.;• During the development of test methods CEN/TC 52/WG 5 representativesmay audit the laboratory of the contractor;• Whenever possible, internationally accepted procedures (e.g. according toCEN or ISO standards or guides) shall be applied, in particular <strong>for</strong> referencematerials.The tasks regarding the standardisation work are the following:• Organisation of the meetings of CEN/TC 52/WG 5/TG 1 in Europe;• Provision of the convenor <strong>for</strong> CEN/TC 52/WG 5/TG 1;• Discussion of the results of the test method development and validation withinCEN/TC 52/WG 5/TG 1;• Preparation of a draft European Standard based on suitable and validated testmethods in cooperation with CEN/TC 52/WG 5/TG 1 (the draft must be approvedby CEN/TC 52/WG 5 whereupon the <strong>for</strong>mal CEN-procedure starts);• Discussion of the draft standard with the corresponding Task Group and ifnecessary with CEN/TC 52/WG 5;


Service Contract between and <strong>DIN</strong> - 3 -• Evaluation of technical comments given during meetings ofCEN/TC 52/WG 5/TG 1, CEN/TC 52/WG 5 and/or CEN/TC 52 and during theenquiry stage of the draft standard;• Elaboration of an interim report and a final report on standardisation workwhich will be submitted to the European Commission (EC).The CONTRACTOR undertakes to per<strong>for</strong>m his duties with reasonable care and skillapplying recognized practices. The CONTRACTOR is not entitled to subcontract anyrights and obligations of this contract without the prior written consent of <strong>DIN</strong>.The selection procedure documented in ((document reference)) selected the CON-TRACTOR on the basis of his/her personal qualification and experience ((if necessaryto be adjusted to: on the basis of the personal qualification of the person assignedas convenor)). All man-days under this contract must there<strong>for</strong>e be per<strong>for</strong>medby the CONTRACTOR in person ((if necessary to be adjusted to: by the assignedconvenor in person)). Any deviations from this must be justified in writing and authorizedby the European Commission be<strong>for</strong>e any related funds can be disbursed.In particular, the following target dates <strong>for</strong> each step shall be adhered to. In case ofnon-adherence to the target dates, the Commission/EFTA is entitled to cancel thefunding.((In order to meet the time frame of this project the following milestones are <strong>for</strong>eseen.In agreement of the appointed technical project leader, the appointed peer reviewlaboratory and <strong>DIN</strong> the milestones may be adjusted in the final contract.))I Signature of the contract T 0II Development and validation of test methodsII.1 Interim report on test method development andvalidation <strong>for</strong> ECT 0 + 7 monthsII.2 Method Development with Peer Review Process T 0 + 10 monthsII.3 Final report on test method development andvalidation <strong>for</strong> ECT 0 + 12 monthsIII Standardisation processIII.1 WI 00052077 stage code 20.60 (1 st Working Draft) T 0 + 11 monthsIII.2 WI 00052077 stage code 30.99 (doc. <strong>for</strong> enquiry) T 0 + 15 monthsIII.3 Interim report on standardisation work <strong>for</strong> EC T 0 + 16 monthsIII.4 WI 00052077 stage code 45.00 (doc. <strong>for</strong> <strong>for</strong>mal vote) T 0 + 30 monthsIII.5 Final report on standardisation work <strong>for</strong> EC T 0 + 38 monthsThe Contractor has to record the expenses <strong>for</strong> material and human resources (includingexact date and hours). These records have to be kept <strong>for</strong> 10 years <strong>for</strong> possibleinspection by <strong>DIN</strong> or a charged legal institution. Upon request, <strong>DIN</strong> or a chargedlegal institution shall have unhindered access to the accounts and documents whichmay be required <strong>for</strong> auditing purposes.


Service Contract between and <strong>DIN</strong> - 4 -3. Obligations of <strong>DIN</strong><strong>DIN</strong> will send the CONTRACTOR on his/her request the final report of the project theContractor participated in.4. Invoicing and PaymentIn consideration of the standardisation work carried out according to this contract, theCONTRACTOR shall invoice to <strong>DIN</strong> a maximum daily rate, including travel and meetingcosts, of … € per man-day up to a maximum of … man-days totalling a maximumsum of … € as follows:III.1 WI 00052077 stage code 20.60 (1 st Working Draft) up to 25 %III.3 Interim Report on standardisation work <strong>for</strong> EC up to 20 %III.4 WI 00052077 stage code 45.00 (doc. <strong>for</strong> <strong>for</strong>mal vote) up to 30 %III.5 Final report on standardisation work <strong>for</strong> EC up to 25 %In consideration of the work regarding method development carried out according tothis contract, the CONTRACTOR shall invoice to <strong>DIN</strong> a maximum sum of … € as follows:Confirmation of CRM/RM up to 25 %II.1 Interim report on test method development and validation <strong>for</strong> EC up to 35 %II.3 Final report on test method development and validation <strong>for</strong> EC up to 40 %The invoice shall state the following <strong>DIN</strong> VAT numbers:<strong>DIN</strong>: UST-ID-Nr: DE 136 622 143<strong>DIN</strong>: UST-Nr: 27/640/50470The payment is dependent on prior remittance having been made by the Commission/EFTAto <strong>DIN</strong>. If the European Commission/EFTA does not pay the agreed fundsto <strong>DIN</strong> and there<strong>for</strong>e <strong>DIN</strong> cannot pay the money, <strong>DIN</strong> will not be held liable <strong>for</strong> thesecircumstances.The a<strong>for</strong>esaid sum shall be understood to cover all expenditure incurred by the Contractorin the per<strong>for</strong>mance of this contract.The payments are due only if the Contractor has fulfilled the tasks within the giventime schedule, <strong>DIN</strong> has approved the results and the Contractor has sent a detailedinvoice (material, cost <strong>for</strong> staff, travel and a schedule of the tasks fulfilled etc.) thatfulfils the requirements described below.<strong>DIN</strong> has the right to demand invoices and documentation of work done be<strong>for</strong>e paying.Should the Commission/EFTA retroactively reclaim funds already paid to <strong>DIN</strong> <strong>for</strong> thepayment of the CONTRACTOR and <strong>for</strong>warded by <strong>DIN</strong> to the CONTRACTOR, <strong>DIN</strong>has the right to reclaim such funds from the CONTRACTOR and the CONTRACTORis obliged to return the funds by <strong>DIN</strong> within an adequate time limit. In this case nofurther justification <strong>for</strong> such a reclaim is required from <strong>DIN</strong> in addition to the relevantreasons provided by the Commission/EFTA.


Service Contract between and <strong>DIN</strong> - 5 -Payments will be made to the CONTRACTOR with the following Bank details:[Name of the Bank][Full address of Bank]€ (EUR) Account No …CODE IBAN (International Bank Account Number): …CODE BIC or SWIFT CODE (Bank Identifier Code – Code <strong>for</strong> identifying banks): …Each invoice shall comply with the requirements listed in the attached document fromEC. Invoices regarding the standardization work shall be accompanied by a declarationof the real costs incurred, clearly stating the number of days worked.The declaration:- must be signed;- must specify that ‘working days’ means ‘full working days’.The signed declaration shall be in the following <strong>for</strong>mat:“I the undersigned declare that I worked the following number of days (full workingdays) within the framework of my contract with <strong>DIN</strong> [reference of this contract]:- in the reporting period [from …..to …..] [number] days;For the standardization work the total amount that the CONTRACTOR will in fact receivedepends on the number of days actually spent by the CONTRACTOR in thecontext of this contract.5. Provisions relating to fiscal chargesThe CONTRACTOR will remain responsible <strong>for</strong> all taxes imposed on him/her andother related obligations that arise as a result of this agreement. The CONTRACTORwill remain responsible <strong>for</strong> his/her own insurance cover including Professional Indemnitycover.6. Responsibility and Liability<strong>DIN</strong> shall in no case, and under no circumstances, be held responsible <strong>for</strong> claimsarising out of the present contract and relating to damages caused by theCONTRACTOR, his/her employees or a third party. No request of indemnity or reinstatementrelating to such claims may be addressed to <strong>DIN</strong>.The CONTRACTOR shall in respect of the staff designated <strong>for</strong> the per<strong>for</strong>mance ofthis contract, observe all regulations of labour law, in particular the regulations of socialsecurity and fiscal law.


Service Contract between and <strong>DIN</strong> - 6 -7. ConfidentialityThe CONTRACTOR undertakes to maintain confidentiality as regards all actionsnecessary to fulfil the contracted duties. Both parties commit themselves to mutualloyalty.8. CopyrightThe CONTRACTOR undertakes to assign to <strong>DIN</strong> (or as <strong>DIN</strong> may direct) his/her patrimonialrights of exploitation and all and any intellectual property rights in the worksdeveloped by him/her under the scope of this Agreement.Such assigned rights include reproduction rights including the publication, distribution,adjustment, translation, renting, loan, the remuneration rights <strong>for</strong> duplication andloan, as well as the rights of communication to the public of the works, in total or inpart, in summary or with comments, and including the right to transfer all exploitationlicences and to authorise all sub-licences.The transfer of rights covers all languages and covers all <strong>for</strong>ms of exploitation knownat present and non-restrictively; publication by all means and via all graphical supportsystems, by print, press, photocopy, microfilms and via all magnetic, computerisedand numerical support systems, memory cards, CD-ROMs, films, photographs,slides, teledistribution, cable, satellite, disks and online document servers.For all and each of the assigned exploitation modes, the transfer is granted free ofcharge, <strong>for</strong> all countries and <strong>for</strong> the total duration of the intellectual property rights.9. TerminationRegardless of other claims, in the case of serious disrespect of the terms of the contractby the CONTRACTOR (inter alia where the work is not provided in accordancewith the terms of this contract, or not completed within the time limits according tothis contract), <strong>DIN</strong> may cancel the contract at any time without notice.10. Administrative provisionsWith the exception of invoices, all correspondence with <strong>DIN</strong> concerning the per<strong>for</strong>manceof this contract shall be addressed as follows:Sebastian Lentz, Secretary CEN/TC 52/WG 5, Phone: +49 30 2601-2715email: sebastian.lentz@din.deAll invoices to <strong>DIN</strong> shall be addressed as follows:<strong>DIN</strong> <strong>Deutsches</strong> <strong>Institut</strong> <strong>für</strong> <strong>Normung</strong> e. V.Buchhaltung10772 BerlinAll correspondence with the CONTRACTOR shall be addressed as follows:


Service Contract between and <strong>DIN</strong> - 7 -11. AssignmentThe CONTRACTOR shall not assign, transfer, subcontract or in any other mannermake over to any third party the benefit and/or burden of this Agreement without theprior written consent of <strong>DIN</strong>.12. Alterations to the contractSubsidiary agreements and modifications to this contract are only legally bindingwhen in written <strong>for</strong>m and signed by both parties.13. ValidityIf any of the provisions of this contract become invalid, this shall not affect any part ofthe remaining contract.14. Arbitration clauseAll disputes arising in the course of this contract will be settled regularly by negotiations.Should the parties fail to reach a satisfactory solution within two months time,they agree on the jurisdiction of the courts of Berlin.15. Applicable LawThis Agreement shall be governed by and interpreted in accordance with GermanLaw.For <strong>DIN</strong> <strong>Deutsches</strong> <strong>Institut</strong> <strong>für</strong> <strong>Normung</strong> e. V.For the CONTRACTOR……………Dr.-Ing. Torsten BahkeDirektor des <strong>DIN</strong>(Stamp)……………(Stamp)(Date)(Date)


A.6 Project 3: "Safety of toys - Finger paints ", peer review laboratoryService contractBetween<strong>DIN</strong> <strong>Deutsches</strong> <strong>Institut</strong> <strong>für</strong> <strong>Normung</strong> e. V.Burggrafenstr. 610787 Berlinhereinafter referred to as "<strong>DIN</strong>"and[Details of the contractor/peer review laboratory]hereinafter referred to as the "Contractor"IntroductionThe European Commission/EFTA has decided to fund SA/CEN/2010-XX.4 "Safety oftoys - Finger paints". This project is dealt with by CEN/TC 52/WG 5 "Safety of toys -Chemical properties", the secretariat of which is held by <strong>DIN</strong>. <strong>DIN</strong> assures the organizationalcoordination work on behalf of CEN/TC 52/WG 5.1. Object of the contractThe CONTRACTOR agrees that he/she will participate in project SA/CEN/2010-XX.4"Safety of toys - Finger paints" as a peer review laboratory <strong>for</strong> the duration of the project.He is tasked to produce the following deliverables in cooperation with the technicalproject leader contracted by <strong>DIN</strong>:− Interim and final report on test method development and validation.The CONTRACTOR is also tasked to support the technical project leader of projectSA/CEN/2010-XX.4 "Safety of toys - Finger paints" in the development and validationof the test method(s) <strong>for</strong> EN 71-7.2. Duties of the contractorThe CONTRACTOR's duties will include:• Support of the technical project leader in the development of test method(s)(<strong>for</strong> poly chlorinated biphenyls, hexachlorobenzene, benzo[a]pyrene andpyrimidine derivatives) and in the modification of the test methods in Annex Dof the present EN 71-7 and evaluation of the test methods at certain limits(around 50 %, 100 %, 250 % of the limits which will be decided on byCEN/TC 52/WG 5);• Application of the test method(s) to 8 different toys made of CRM or RM whichwill be provided by the technical project leader;


Service Contract between and <strong>DIN</strong> - 2 -• Evaluation of the test method(s) in cooperation with the technical projectleader;• Support of the technical project leader in the validation of the test method(s)using cross validation or related procedures;• Delivery of the required test data on all actions to the technical project leader;• Elaboration of up to 5 progress reports on the test method development andvalidation addressed to the technical project leader and CEN/TC 52/WG 5 includingan interim and a final report.Remarks on the development of test methods:• The test method(s) shall include sampling, sample preparation, detection anddetermination of the substances, measurement uncertainty and reporting etc.;• During the development of test methods CEN/TC 52/WG 5 representativesmay audit the laboratory of the contractor;• Whenever possible, internationally accepted procedures (e.g. according toCEN or ISO standards or guides) shall be applied.The CONTRACTOR undertakes to per<strong>for</strong>m his duties with reasonable care and skillapplying recognized practices. The CONTRACTOR is not entitled to subcontract anyrights and obligations of this contract without the prior written consent of <strong>DIN</strong>.In particular, the following target dates <strong>for</strong> each step shall be adhered to. In case ofnon-adherence to the target dates, the Commission/EFTA is entitled to cancel thefunding.((In order to meet the time frame of this project the following milestones are <strong>for</strong>eseen.In agreement of the appointed technical project leader, the appointed peer reviewlaboratory and <strong>DIN</strong> the milestones may be adjusted in the final contract.))I Signature of the contract T 0II Development and validation of test methodsII.1 Interim report on test method development andvalidationT 0 + 6 monthsII.2 Method Development with Peer Review Process T 0 + 10 monthsII.3 Final report on test method development andvalidationT 0 + 11 monthsThe Contractor has to record the expenses <strong>for</strong> material and human resources (includingexact date and hours). These records have to be kept <strong>for</strong> 10 years <strong>for</strong> possibleinspection by <strong>DIN</strong> or a charged legal institution. Upon request, <strong>DIN</strong> or a chargedlegal institution shall have unhindered access to the accounts and documents whichmay be required <strong>for</strong> auditing purposes.


Service Contract between and <strong>DIN</strong> - 3 -3. Obligations of <strong>DIN</strong><strong>DIN</strong> will send the CONTRACTOR on his/her request the final report of the project theContractor participated in.4. Invoicing and PaymentIn consideration of the work carried out according to this contract, the CONTRAC-TOR shall invoice to <strong>DIN</strong> a maximum sum of … € as follows:II.1 Interim report on test method development and validation up to 50 %II.3 Final report on test method development and validation up to 50 %The invoice shall state the following <strong>DIN</strong> VAT numbers:<strong>DIN</strong>: UST-ID-Nr: DE 136 622 143<strong>DIN</strong>: UST-Nr: 27/640/50470The payment is dependent on prior remittance having been made by the Commission/EFTAto <strong>DIN</strong>. If the European Commission/EFTA does not pay the agreed fundsto <strong>DIN</strong> and there<strong>for</strong>e <strong>DIN</strong> cannot pay the money, <strong>DIN</strong> will not be held liable <strong>for</strong> thesecircumstances.The a<strong>for</strong>esaid sum shall be understood to cover all expenditure incurred by the Contractorin the per<strong>for</strong>mance of this contract.The payments are due only if the Contractor has fulfilled the tasks within the giventime schedule, <strong>DIN</strong> has approved the results and the Contractor has sent a detailedinvoice (material, cost <strong>for</strong> staff, travel and a schedule of the tasks fulfilled etc.) thatfulfils the requirements described below.<strong>DIN</strong> has the right to demand invoices and documentation of work done be<strong>for</strong>e paying.Should the Commission/EFTA retroactively reclaim funds already paid to <strong>DIN</strong> <strong>for</strong> thepayment of the CONTRACTOR and <strong>for</strong>warded by <strong>DIN</strong> to the CONTRACTOR, <strong>DIN</strong>has the right to reclaim such funds from the CONTRACTOR and the CONTRACTORis obliged to return the funds by <strong>DIN</strong> within an adequate time limit. In this case nofurther justification <strong>for</strong> such a reclaim is required from <strong>DIN</strong> in addition to the relevantreasons provided by the Commission/EFTA.


Service Contract between and <strong>DIN</strong> - 4 -Payments will be made to the CONTRACTOR with the following Bank details:[Name of the Bank][Full address of Bank]€ (EUR) Account No …CODE IBAN (International Bank Account Number): …CODE BIC or SWIFT CODE (Bank Identifier Code – Code <strong>for</strong> identifying banks): …Each invoice shall comply with the requirements listed in the attached document fromEC.5. Provisions relating to fiscal chargesThe CONTRACTOR will remain responsible <strong>for</strong> all taxes imposed on him/her andother related obligations that arise as a result of this agreement. The CONTRACTORwill remain responsible <strong>for</strong> his/her own insurance cover including Professional Indemnitycover.6. Responsibility and Liability<strong>DIN</strong> shall in no case, and under no circumstances, be held responsible <strong>for</strong> claimsarising out of the present contract and relating to damages caused by theCONTRACTOR, his/her employees or a third party. No request of indemnity or reinstatementrelating to such claims may be addressed to <strong>DIN</strong>.The CONTRACTOR shall in respect of the staff designated <strong>for</strong> the per<strong>for</strong>mance ofthis contract, observe all regulations of labour law, in particular the regulations of socialsecurity and fiscal law.7. ConfidentialityThe CONTRACTOR undertakes to maintain confidentiality as regards all actionsnecessary to fulfil the contracted duties. Both parties commit themselves to mutualloyalty.8. CopyrightThe CONTRACTOR undertakes to assign to <strong>DIN</strong> (or as <strong>DIN</strong> may direct) his/her patrimonialrights of exploitation and all and any intellectual property rights in the worksdeveloped by him/her under the scope of this Agreement.Such assigned rights include reproduction rights including the publication, distribution,adjustment, translation, renting, loan, the remuneration rights <strong>for</strong> duplication andloan, as well as the rights of communication to the public of the works, in total or inpart, in summary or with comments, and including the right to transfer all exploitationlicences and to authorise all sub-licences.


Service Contract between and <strong>DIN</strong> - 5 -The transfer of rights covers all languages and covers all <strong>for</strong>ms of exploitation knownat present and non-restrictively; publication by all means and via all graphical supportsystems, by print, press, photocopy, microfilms and via all magnetic, computerisedand numerical support systems, memory cards, CD-ROMs, films, photographs,slides, teledistribution, cable, satellite, disks and online document servers.For all and each of the assigned exploitation modes, the transfer is granted free ofcharge, <strong>for</strong> all countries and <strong>for</strong> the total duration of the intellectual property rights.9. TerminationRegardless of other claims, in the case of serious disrespect of the terms of the contractby the CONTRACTOR (inter alia where the work is not provided in accordancewith the terms of this contract, or not completed within the time limits according tothis contract), <strong>DIN</strong> may cancel the contract at any time without notice.10. Administrative provisionsWith the exception of invoices, all correspondence with <strong>DIN</strong> concerning the per<strong>for</strong>manceof this contract shall be addressed as follows:Sebastian Lentz, Secretary CEN/TC 52/WG 5, Phone: +49 30 2601-2715email: sebastian.lentz@din.deAll invoices to <strong>DIN</strong> shall be addressed as follows:<strong>DIN</strong> <strong>Deutsches</strong> <strong>Institut</strong> <strong>für</strong> <strong>Normung</strong> e. V.Buchhaltung10772 BerlinAll correspondence with the CONTRACTOR shall be addressed as follows:11. AssignmentThe CONTRACTOR shall not assign, transfer, subcontract or in any other mannermake over to any third party the benefit and/or burden of this Agreement without theprior written consent of <strong>DIN</strong>.12. Alterations to the contractSubsidiary agreements and modifications to this contract are only legally bindingwhen in written <strong>for</strong>m and signed by both parties.13. ValidityIf any of the provisions of this contract become invalid, this shall not affect any part ofthe remaining contract.


Service Contract between and <strong>DIN</strong> - 6 -14. Arbitration clauseAll disputes arising in the course of this contract will be settled regularly by negotiations.Should the parties fail to reach a satisfactory solution within two months time,they agree on the jurisdiction of the courts of Berlin.15. Applicable LawThis Agreement shall be governed by and interpreted in accordance with GermanLaw.For <strong>DIN</strong> <strong>Deutsches</strong> <strong>Institut</strong> <strong>für</strong> <strong>Normung</strong> e. V.For the CONTRACTOR……………Dr.-Ing. Torsten BahkeDirektor des <strong>DIN</strong>(Stamp)……………(Stamp)(Date)(Date)


Content in<strong>for</strong>mationCompulsory in<strong>for</strong>mation <strong>for</strong> an invoice<strong>for</strong> all or majority of member statesCompulsory in<strong>for</strong>mation <strong>for</strong> an invoice<strong>for</strong> certain member states onlyWhere an exemption is involved or where the customer is liableto pay the tax further in<strong>for</strong>mation should be given accordingly :Reference to the appropriate provision of the Sixth directive<strong>for</strong>:Sequential number based on one or more series, whichuniquely indentifies the invoiceDate of issue of the invoiceDate on which the supply of goods or services was madeor completed or the date on which the payment on accountwas made be<strong>for</strong>e any supply, insofar as that a date can bedetermined and differs from the date of issue of the invoice(except <strong>for</strong> Bulgaria)Description/nature of the goods or servicesQuantity of the goods supplied or the extent and natureof the services renderedPrice per unit (excluding VAT) (except <strong>for</strong> Germany)Any discounts or rebates, not included in the unit price(except <strong>for</strong> Austria)Taxable amount per VAT rate or exemptionVAT rate(s) appliedTotal VAT amountAustria, Belgium, Cyprus, Denmark, Estonia, Finland,France Germany, Ireland Lithuania Luxembourg,Netherlands, Poland, Portugal, Sweden, Spain, UKORReference to the corresponding national provision <strong>for</strong>:Czech Republic, Greece, Hungary, Italy, Latvia, Malta,Slovak Republic, Slovenia, Austria, Belgium, Cyprus,Denmark, Estonia, Finland, France Germany, IrelandLithuania Luxembourg, Netherlands, Poland,Portugal, Sweden, Spain, UKORAny indication that the supply is exempt or subject to thereverse charge procedure <strong>for</strong>:Austria, Belgium, Bulgaria, Cyprus, Czech Republic,Denmark, Finland, France Germany, Greece, Hungary,Ireland, Luxembourg, Malta,Portugal, Romania,Netherlands, Poland, Sweden, Spain, UKFor Belgium, Bulgaria, Cyprus, Czech Republic,Denmark, Estonia, Finland, France Greece, Hungary,Ireland, Italy, Malta, Netherlands, Latvia, Lithuania,Luxembourg, Poland, Portugal, Romania, SlovakRepublic, Slovenia, Sweden, Spain, UK:Obligation to mention the amounts on the invoice in the localcurrencyFor Bulgaria, Greece, Hungary, Lithuania, Poland,Romania, UK:Obligation to issue the invoice in one of the official languagesWARNING: the issuer of the invoice should follow the VAT legislation in <strong>for</strong>ce atthe time the invoice is issued

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