36 Amendments of Andrzej GRZYB related to 2011/0399(COD)
Amendment 2 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) 'legal entity’ means undertakings, research centres and universities, encompassing any natural person, or any legal person created under national law, Union law or international law, which has legal personality and which may, acting in its own name, exercise rights and be subject to obligations;
Amendment 4 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. By way of derogation from paragraph 1, in the case of European Research Council (ERC) frontier research actions, the SME instrument, programme co-fund actions and in fully justified cases provided for in the work programme or work plan, the minimum condition shall be the participation of one legal entity established in a Member State or associated country.
Amendment 7 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Joint calls for proposals with third countries or their scientific and technological organisations and agencies or with international organisations may be launched to jointly fund actions in areas of a clear European added value. Proposals shall be evaluated and selected through joint evaluation and selection procedures to be agreed upon. Such evaluation and selection procedures shall ensure compliance with the principles set out in Title VI of Regulation (EU) XX/2012 [Financial Regulation] and involve a balanced group of independent experts appointed by each party.
Amendment 9 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Proposals shall be ranked according to the evaluation resulresults of the evaluation carried out by independent experts. The selection shall be made on the basis of this ranking.
Amendment 10 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. On the basis of that recommendation a decision shall be taken by the Commission or the relevant funding body and notified to the coordinator of the proposal within 30 days from the submission of a request for review.
Amendment 11 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The award of subcontracts for carrying out certain elements of the action shall be limited to the cases provided for in the grant agreement. Subcontracting rules of beneficiaries should not discriminate among Member States.
Amendment 12 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. Value added tax ("VAT") where it is not recoverable under the applicable national VAT legislation shall constitute an eligible cost.
Amendment 13 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23a Direct costs Direct costs shall be determined according to the participant's usual cost accounting practices.
Amendment 14 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The grant agreement shall contain the minimum requirements for the time recording system as well as the number of annual productive hours to be used for the calculation of the hourly personnel rates or the method for establishing the number of annual productive hours to be used for the calculation of the hourly personnel rates taking account of the participant's usual accounting practices.
Amendment 15 #
Proposal for a regulation
Article 26 – title
Article 26 – title
Personnel costs of the owners of small and medium-sized enterprises and natural persons without salary
Amendment 16 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
Amendment 17 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. Direct eligible personnel costs may be financed on the basis of scale of unit costs determined accordbased on paragraph 1point (a) of this Article and determined by multiplying the hours worked ing to the participant's usual cost accounting practices, provided that theyhe project by the hourly rate to be calculated as follows: annual salary corresponding to the appropriate staff category published in a relevant annual document adopted by the programme committee divided by the standard number of annual productive hours multiplied by country correction coefficient for cost of living in the country. Scales of unit costs must comply with the following cumulative criteria:
Amendment 18 #
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
Amendment 19 #
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2 a. Direct eligible personnel costs based on paragraph 1 point (b) of this Article may be financed on the basis of scale of unit costs determined according to the participant's usual cost accounting practices, provided that they comply with the following cumulative criteria: (a) they are calculated on the basis of the total actual personnel costs recorded in the participant's general accounts which may be adjusted on the basis of budgeted or estimated elements according to the conditions defined by the Commission; (b) they comply with the provisions in Article 23; (c) they ensure compliance with the non- profit requirement and avoidance of double funding of costs; (d) they are calculated with due regard to the provisions on productive hours in Article 25.
Amendment 20 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Participants that calculate and claim direct personnel costs on the basis of scale of unit costs referred to in Article 27 (1) point (b) may submit to the Commission a certificate on the methodology. That methodology shall comply with the conditions set out in Article 27(2) and meet the requirements of grant agreement.
Amendment 22 #
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 4
Article 37 – paragraph 2 – subparagraph 4
Appropriate measures shall be taken to seek gender balanceexpertise as well as gender and geographical diversitybalance when appointing independent experts.
Amendment 117 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to ensure coherence with other Union funding programmes, Horizon 2020 should be implemented in accordance with Regulation (EU) No. XX/XX of the European Parliament and of the Council of […] on the financial rules applicable to the annual budget of the Union, and the Delegated Commission Regulation (EU) No. X/X of […] amending the detailed rules for the implementation of the Financial Regulation. However, flexibility to adopt specific rules taking into account the nature of the area of research and innovation should be ensured.
Amendment 153 #
Proposal for a regulation
Recital 13
Recital 13
(13) Specific challenges in the area of research and innovation should be addressed through new forms of funding such as prizes, pre-commercial procurement and public procurement of innovative solutions which require specific ruleforeseen in the Regulation( EU) No XX/XX [Financial Regulation] which require specific rules to be provided in the sector-specific regulations.
Amendment 205 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) 'legal entity’ means undertakings, research centres and universities, encompassing any natural person, or any legal person created under national law, Union law or international law, which has legal personality and which may, acting in its own name, exercise rights and be subject to obligations;
Amendment 267 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. WIf necessary and fully justified, work programmes or work plans may provide for additional conditions according to specific policy requirements or to the nature and objectives of the action, including inter alia conditions regarding the number of participants, the type of participant and the place of establishment.
Amendment 270 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) such funding is provided for under a bilateral scientific and technological agreement or any other arrangement between the Union and the international organisation or, for entities established in third countries, the country in which the legal entity is established. This agreement should ensure equal treatment of all Member States regardless their membership in the international organisation.
Amendment 271 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. The fulfilment of the conditions referred to in paragraph 1 should be subject to the strict control of the Commission.
Amendment 302 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Impact shall be weighted against the full estimated financial costs of the project, which shall determine the cost- impact ratio as the award criteria.
Amendment 334 #
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. Calls for proposals shall in principle contain a two-stage submission procedure, in accordance with the provisions of Regulation (EU) No XX/2012 [the Financial Regulation] and its Implementing Rules.
Amendment 342 #
Proposal for a regulation
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
(a) re-evaluation of the proposal by evaluators not involved in the previous evaluation;
Amendment 344 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. On the basis of that recommendation a decision shall be taken by the Commission or the relevant funding body and notified to the coordinator of the proposal within 30 days of the submission of a request for review.
Amendment 352 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The grant agreement shall establish the rights and obligations of the participants, and either of the Commission or the relevant funding bodies. It shall also establish the rights and obligations of legal entities which become participants during the implementation of the action as well as the role and tasks of a consortium coordinator.
Amendment 408 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. A single rReimbursement rate of theof eligible costs shall be applied per action for all activities funded therein. The maximum rate shall be fixed in the work programme or work plan.based on the following fixed rates per type of activity and per type of participant, depending on the method of cost calculation chosen by the participant:
Amendment 409 #
Proposal for a regulation
Article 22 – paragraph 3 – table (new)
Article 22 – paragraph 3 – table (new)
Type of Type of activity Method of cost participant calculation University/ RTOs / Industry SME/ Other direct costs + 100% + 20% 70% + 20% Research & flat rate Development 70% full costs 50% direct costs + 100% + 20% 50% + 20% Close-to-market flat rate 70% full costs 35% Or. en (See AM 13)
Amendment 483 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. If the value added tax ("VAT") is not recoverable under the applicable national legislation, VAT shall be considered as eligible cost.
Amendment 484 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a Direct costs Direct costs shall be determined according to the participant's usual cost accounting practices.
Amendment 547 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
The certificate on financial statements shall cover the total amount of the grant claimed by a participant under the form of reimbursement of actual costs and under the form of scale of unit costs referred to Article 27(2). The certificate shall only be submitted when that amount is equal to or greater than EUR 3275 000 at the time of claiming the payment of the balance of the grant.
Amendment 554 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Participants that calculate and claim direct personnel costs on the basis of scale of unit costs referred to in Art. 27 1 (b) may submit to the Commission a certificate on the methodology. That methodology shall comply with the conditions set out in Article 27(2) and meet the requirements of grant agreement.
Amendment 592 #
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 1
Article 37 – paragraph 2 – subparagraph 1
2. Independent experts shall be chosen on the basis of skills, experience and knowledge appropriate to carry out the tasks assigned to them as well as gender and geographical balance. In cases where independent experts have to deal with classified information, the appropriate security clearance shall be required before appointment.
Amendment 666 #
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 4
Article 40 – paragraph 2 – subparagraph 4
Prior notice of any dissemination activity shall be given to the other participants, unless otherwise agreed in the consortium agreement. Following notification, a participant may object if it demonstrates that its legitimate interests in relation to its results or background would suffer significant harm by the intended dissemination. In such cases, the dissemination activity may not take place unless appropriate steps are taken to safeguard these legitimate interests. The grant agreement may lay down time-limits in this respect.
Amendment 678 #
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 2
Article 41 – paragraph 1 – subparagraph 2
Without prejudice to confidentiality obligations arising from laws or regulations in the case of mergers and acquisitions, where other participants still enjoy access rights to the results to be transferred, unless otherwise agreed in the consortium agreement, the participant who intends to transfer the results shall give prior notice to those other participants, together with sufficient information concerning the intended new owner of the results to permit the other participants to analyse the effect of the intended transfer on the possible exercise of their access rights.