21 Amendments of Teresa RIERA MADURELL related to 2011/0399(COD)
Amendment 119 #
Proposal for a regulation
Recital 6
Recital 6
(6) An integrated approach should be ensured by bringing together activities covered by the Seventh Framework Programme for research, the Competitiveness and Innovation Framework Programme and the European Institute of Innovation and Technology (the EIT) to make participation easier, create a more coherent set of instruments and increase the scientific and economic impact while avoiding duplication and fragmentation. Common rules should apply in order to ensure a coherent framework which should facilitate the participation in programmes receiving Union financial contribution from the budget of Horizon 2020, including the participation in programmes managed by the EIT, joint undertakings or any other structures under Article 187 TFEU or participation in programmes undertaken by Member States pursuant to Article 185 TFEU. However, flexibility to adopt specific rules should be ensured when justified by the specific needs of the respective actions and with Commission consent, duly involving the EU legislative authority and the Member States.
Amendment 127 #
Proposal for a regulation
Recital 8
Recital 8
(8) In line with the objectives of international cooperation as set out in Articles 180 and 186 TFEU, the participation of legal entities established in third countries and of international organisations should be promoted. The implementation of these rules should be in conformity with the measures adopted in accordance with Articles 75 and 215 TFEU and be in compliance with international law. Moreover, the implementation of these rules should duly take into account conditions for the participation of Union entities in third countries' programmes, based on the principle of reciprocity.
Amendment 135 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Given the different nature and specific needs of the different participants among the research community, the rules for participation should establish simplified funding rates while maintaining the current differentiation between universities/research centres, industry, non-profit organisations and SMEs, as clearly stated in paragraph 17 of the European Parliament resolution of 11 November 2010 on simplifying the implementation of the Research Framework Programmes1. In case actual indirect costs are used, they should be based on national legislations and participant's usual cost accounting practices. __________________ 1 OJ C 74 E, 13.3.2012, p. 34
Amendment 144 #
Proposal for a regulation
Recital 12
Recital 12
(12) It is appropriate to establish the terms and conditions for providing Union funding for participants in actions under Horizon 2020. In order to reduce the complexity of the existing funding rules and have a higher flexibility in the project implementation, a simplified cost reimbursement system should be adopted with enhanced use of lump sums, flat rates and, scale of unit costs. For simplification purposes, a single reimbursement rate should be applied for each type of action with no differentiation as well as the option to declare costs actually incurred for non-profit legal entities with analytical accordunting to the type of participantand detailed costs allocation systems.
Amendment 177 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
This Regulation also lays down the rules governing the exploitation and dissemination of results.
Amendment 187 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'background’ means tangible resource such as prototypes, as well as any data, know- how and/or information whatever their form or nature as well as any rights such as intellectual property rights which are (i) held by participants prior to their accession to the action and (ii) identified by the participants in accordance with Article 42;
Amendment 219 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) 'results‘ means any data, knowledge and information whatever their form or nature, whether or not they can be protected, which are generated in the action as well as any attached rights, including intellectual property rights;
Amendment 235 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
In actions under the activity ‘Secure societies’ within the specific objective ‘Inclusive, innovative and secure societies’specific objective 'Protecting freedom and security in Europe', the Commission may make available to Union institutions and bodies or Member States' national authorities any useful information in its possession on results of a participant that has received Union funding. The Commission rules on security should be included in the relevant grant agreement.
Amendment 274 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. The number of actions funded under a call for proposals should be determined by the criterion of excellence.
Amendment 320 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. The Commission shall draw up a guide to the selection process, explaining the application of the award criteria and defining the implications of specific weightings and thresholds for the selection process. This guide shall be published in parallel with the first work programme. The content of the guide shall be binding for the Commission services.
Amendment 350 #
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, 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. It shall comply with this Regulation and the provisions of Regulation (EU) No XX/XX [the Financial Regulation] and Regulation (EU) No XX/XX [the Delegated Regulation].
Amendment 363 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. SIn exceptional and duly justified cases specific grants for actions may form part of a framework partnership according to the provisions of Regulation (EU) No XX/2012XX [the Financial Regulation] and Regulation (EU) No XX/XX [the Delegated Regulation].
Amendment 414 #
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
Type of activity Method of cost calculation University/ Industry RTOs/ Other direct costs + 100% + 20% 70% + 20% Research & flat rate Development full costs 70% direct costs + 100% + 20% 30% + 20% Close-to-market flat rate full costs 70%
Amendment 496 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. By way of derogation from paragraph 1, indirect costs may be declared as costs actually incurred in relationship with the eligible direct costs attributed to the project by non profit legal entities with analytical accounting and detailed costs allocation systems. In this case the reimbursement rates for full costs calculation stipulated in Article 22 (3) shall apply.
Amendment 552 #
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 mayor the reimbursement of eligible costs actually incurred shall 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 588 #
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. When appointing independent experts, the Commission shall seek to achieve a balanced composition within the expert groups in terms of various skills, experience, knowledge and gender, depending on the field of the action. In cases where independent experts have to deal with classified information, the appropriate security clearance shall be required before appointment.
Amendment 599 #
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 3
Article 37 – paragraph 2 – subparagraph 3
The Commission or the relevant funding body may, if deemed appropriate and in duly justified cases, select any individual with the appropriate skills from outside the database. The Commission shall duly inform the programme committee of these cases.
Amendment 619 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1
Article 38 – paragraph 2 – subparagraph 1
2. Where participants in an action have jointly generated results and where their respective share of the work cannot be ascertained, or where it is not possible to separate such joint result for the purpose of obtaining and/or maintaining the relevant patent protection or any other intellectual property right, they shall have joint ownership of those results. The joint owners shall establish an agreement regarding the allocation and terms of exercise of that joint ownership in accordance with their obligations under the grant agreement.
Amendment 626 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 2 – introductory part
Article 38 – paragraph 2 – subparagraph 2 – introductory part
Unless otherwise agreed in the joint ownership agreement, each joint owner shall be entitled to use the jointly owned results as it sees fit for internal research non-commercial purposes on a non- exclusive and royalty-free basis, and to commercially exploit and to grant non- exclusive licences to third parties to exploit the jointly owned results, without any right to sub-licence, subject to the following conditions:
Amendment 659 #
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 3
Article 40 – paragraph 2 – subparagraph 3
With regard to dissemination through research publications, open access shall apply as a default policy with the aim of free of charge, on-line public access to Union funded research publications no later than six months after they have been published in a peer-reviewed scientific journal under the terms and conditions laid down in the grant agreement. With regard to dissemination of other results, including research data, the grant agreement may lay down the terms and conditions under which open digital access to such results shall be provided, in particular in ERC frontier research or in other appropriate areas.
Amendment 679 #
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 or may still request the granting of access rights to the results to be transferred, 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.