Contract number: ECHA/2019/355  FWC conditions of October 2018 
14 
Union budget, ii) the non-disclosure of information in violation of a specific obligation, with 
the same effect or iii) the misapplication of such funds or assets for purposes other than 
those for which they were originally granted, which damages the Union's financial interests; 
'Grave professional misconduct': a violation of applicable laws or regulations or ethical 
standards of the profession to which a contractor or a related person  belongs, including 
any conduct leading to sexual or other exploitation or abuse, or any wrongful conduct of 
the contractor or a related person which has an impact on its professional credibility where 
such conduct denotes wrongful intent or gross negligence. 
‘Implementation of the FWC ’: the purchase of services envisaged in the FWC through 
the signature and performance of specific contracts; 
‘Interface control document’: the guideline document  which lays down the technical 
specifications, message standards, security standards, checks of syntax and semantics , 
etc. to facilitate machine-to-machine connection. This document  is updated on a regular 
basis;  
‘Irregularity’: any infringement of a provision of Union law resulting from an act or 
omission by an economic operator, which has, or would have, the effect of prejudicing the 
Union’s budget. 
‘Notification’ (or ‘notify’): form of communication between the parties made in writing 
including by electronic means;  
‘Order form’: a simplified form of specific contract by which the contracting authority  
orders services under this FWC; 
‘Performance of a specific contract ’: the execution of tasks and delivery of the 
purchased services by the contractor to the contracting authority;  
‘Personnel’: persons employed directly or indirectly  or contracted by the contractor to 
implement the FWC; 
‘Pre-existing material’: any material, document, technology or know -how which exists 
prior to the contractor using it for the production of a result in the implementation of the 
FWC;  
‘Pre-existing right ’: any industrial and intellectual property right  on pre-existing 
material; it may consist in a right of ownership, a licence right and/or right of use belonging 
to the contractor, the creator, the contracting authority as well as to  any other third 
parties; 
‘Professional conflicting interest ’: a situation in which the contracto r’s previous or 
ongoing professional activities affect its capacity to implement the FWC or to perform a 
specific contract to an appropriate quality standard.  
‘Related person ’: any natural or legal person who is a member of the administrative, 
management or supervisory body of the contractor, or who has  powers of representation, 
decision or control with regard to the contractor;  
‘Request for services ’: a document from the contracting authority  requesting that the 
contractors in a multiple FWC with re-opening of competition provide a specific tender for 
services whose terms are not entirely defined under the FWC;