78 Amendments of Jean-Pierre AUDY related to 2011/0399(COD)
Amendment 180 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) 'action' means project;
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'background’' means 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 42or the application for which has been filed before their accession to the action, and (ii) identified by the participants in accordance with Article 42; and (iii) and which is needed for carrying out the indirect action or for using the results of the indirect action;
Amendment 190 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) 'call for proposals' means an announcement inviting proposals for research.
Amendment 191 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
(5b) 'needed access' means: in the context of the implementation of the action the access is needed if, without the grant of access rights to results or background, carrying out the tasks assigned to the recipient participant would be impossible, significantly delayed, or require significant additional financial or human resources; in the context of exploitation of results the access is needed if, without the grant of access rights to results or background, the exploitation of results would be technically or legally impossible.
Amendment 192 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 c (new)
Article 2 – paragraph 1 – point 5 c (new)
(5c) 'consortium' means group of participants who agree to work together to submit a proposal and potentially work in an action. A consortium is made up of a coordinator and action partners.
Amendment 194 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6a) 'coordinator' leads and represents the consortium and the proposal/project, acting as the point of contact to the Commission.
Amendment 212 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) 'results‘' means any data, knowledge, and information, artefacts and other tangible outputs, 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; such as copyright; design rights; patent rights; plant variety rights or similar forms of protection; but excluding data, knowledge and information that are generated by a participant in connection with a specific action but do not come within the objectives of that specific action and are not needed in order to implement the specific project or exploit the results obtained.
Amendment 231 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – introductory part
Article 4 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to Article 3, the Commission shall, upon request, make available to the Union institutions and bodies, any Member State or associated country, any useful information in its possession on results of a participant that has received Union funding and before disseminating information, the Commission shall systematically ask the opinion of the participant concerned, provided that both the following conditions are met:
Amendment 234 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point b
Article 4 – paragraph 1 – subparagraph 1 – point b
(b) upon prior notice of the intended communication by the Commission, the participants have not provided sound and sufficient reasons for withholding the information concerned.
Amendment 241 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Commission shall ensure the following: (a) the provision of information pursuant to paragraph 1 shall not be deemed to transfer to the recipient any rights or obligations of the Commission or of the participants. However,, (b) the recipient shall treat any such information as confidential unless it becomes public or is made available publicly by the participants, or unless it was communicated to the Commission without restrictions concerning confidentiality. T, and that (c) the Commission rules on security shall apply regarding classified information.
Amendment 252 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Participation by legal entities established in third countries in the Horizon 2020 framework programme or parts thereof shall be subject to the principle of reciprocity, in accordance with which legal entities established in the EU may participate in research and innovation programmes initiated by those countries.
Amendment 269 #
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the participation is deemed essential for carrying out the action by the Commission or the relevant funding body, following consultation of the European Parliament and the Council;
Amendment 276 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Legal entities receiving funding from the Union shall conclude a grant agreement with the Union or the relevant funding body. That grant agreement shall include the description of work to be done by those participants and by the participating legal entities from the third countries involved and framework conditions notably on access rights, exploitation and dissemination.
Amendment 281 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where appropriate, pProposals shall include a draft plan for the exploitation and dissemination of the results. Where appropriate, the work programme or work plan shall explicitly mention that no draft plan is needed.
Amendment 293 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
Amendment 294 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Ethics and gender review
Amendment 296 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
The Commission shall systematically carry out ethics reviews for proposals raising ethical issues. This review shall verify the respect of ethical principles and legislation and, in the case of research carried out outside the Union, that the same research would have been allowed in a Member State. When relevant, the Commission should also systematically carry out gender reviews for proposals, using a template with a check list, particularly for those dealing with human beings as either subjects or users.
Amendment 310 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Selection criteria and their weight shall be defined in the work programme or work plan and their use shall be adapted to Horizon 2020 priorities.
Amendment 316 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. The criterion of impact shall be given the highest weighting for proposals under priority « Industrial Leadership ».
Amendment 318 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The work programme or work plan shall lay down further details of the application of the award criteria laid down in paragraph 1, and specify sub-criteria, weightings and thresholds. Evaluation shall ensure gender equality and non- discrimination.
Amendment 329 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The Commission or the relevant funding body shall verify the financial capacity in advance only for coordinators when the requested funding from the Union for the actionparticipant is equal or superior to EUR 500 000, unless where, on the basis of available information, there are grounds to doubt the financial capacity of the coordinator or other participants.
Amendment 331 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The financial capacity shall not be verified for legal entities whose viability is guaranteed by a Member State or an associated country and for higher and secondary education establishments. Similarly, the financial and coordination capacity of under-capitalized subsidiaries or start-ups shall not be verified where their viability is guaranteed by their shareholders as far as this is renewed on a yearly basis.
Amendment 335 #
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. Financial capacity can be guaranteed by any other legal entity, whose financial capacity shall then be verified according to Article 14 (5)
Amendment 346 #
Proposal for a regulation
Article 16 – paragraph -1 (new)
Article 16 – paragraph -1 (new)
-1. The Commission or the relevant funding body shall draw up, in close cooperation with the Member States, model grant agreements between the Commission or the relevant funding body and the participants in accordance with this Regulation, taking into account the characteristics of the funding scheme concerned.
Amendment 347 #
Proposal for a regulation
Article 16 – paragraph -1 a (new)
Article 16 – paragraph -1 a (new)
-1a. At the latest at the publication of the call for proposals, the Commission or the relevant funding body shall make available the grant agreement for the action concerned.
Amendment 351 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. TConsidering and complying with the stipulations of this Regulation, 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.
Amendment 354 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. TOn the basis of a work programme requirement, the grant agreement may establish rights and obligations of the participants with regard to access rights, exploitation and dissemination, additional to those laid down in this Regulation.
Amendment 358 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The grant agreement shall, where appropriate, reflect the general principles laid down in Commission Recommendation on the European Charter for Researchers and the Code of Conduct for the Recruitment of Researchers as well as gender equality principle laid down in Article 15 of Regulation (EU) N° XX/XX [Horizon 2020].
Amendment 375 #
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. Participants may submit to the Commission clarifications or interpretations relating to the application of the rules governing participation in the Horizon 2020 framework programme. In such cases, if the Commission does not reply within two months, the participant’s position shall be deemed to have been endorsed.
Amendment 376 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Participants shall make no commitments which are incompatible with this regulation and the grant agreement. Where a participant fails to comply with its obligations regarding the technical implementation of the action, the other participants shall comply with the obligations without any additional Union funding unless the Commission or funding body expressly relieves them of that obligation. The financial responsibility relevant to the technical development of activities of the action of each participant shall be limited to its own debt, subject to the provisions relating to the Fund. The financial responsibility of each participant relevant to the breach of confidential agreements set by the grant agreement and/or the consortium agreement is not limited by the own debt of the participants. The participants shall ensure that the Commission or funding body is informed of any event which might affect the implementation of the action or the interests of the Union.
Amendment 381 #
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 except for those that can not be clearly foreseen at the time of its entry into force. A previous approval of the Commission shall be requested; such an approval can not be unreasonably denied.
Amendment 401 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. A single reimbursement rate of the 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.
Amendment 425 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. TSubject to compliance with non-profit requirement the Horizon 2020 grant may reach a maximumshall be of 100 % of the total eligible costs, without prejudice to the co-financing principle.
Amendment 433 #
Proposal for a regulation
Article 22 – paragraph 5 – introductory part
Article 22 – paragraph 5 – introductory part
5. TSubject to compliance with the non- profit requirement, the Horizon 2020 grant shall be limited to a maximum of 70 % of the total eligible costs for the following actions:
Amendment 473 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. For personnel costs, direct charges and social charges are considered eligible if and to the extent they fulfil all the following criteria: (a) the charges are mandatory under the applicable legislation or sector agreements, or resulting from measures based on such legislation or agreements; (b) they can be directly or indirectly linked to the remuneration of personnel; (c) they are recorded according to the usual accounting principles of the beneficiary concerned; (d) they are effectively incurred during the duration of the project and have been paid or will be paid obligatorily at a later date and reflected in the account of the beneficiary.
Amendment 481 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. When covered by the participants, costs related to work-life balancing of researchers and innovators during the project lifecycle shall be eligible without reducing the total of eligible costs.
Amendment 489 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Indirect eligible costs shall be determined by applying a flat rate of 210% of the total direct eligible costs, excluding direct eligible costs for subcontracting and the costs of resources made available by third parties which are not used on the premises of the beneficiary, as well as financial support to third parties.
Amendment 527 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. In accordance with Article X of Regulation (EU) No XX/XX [financial regulation], the Commission may establish methods to determine scales of unit costs based on: a) statistical data or similar objective means; b) auditable historical data of the participant. Once they are agreed upon, scales of unit costs are not subject to the verification that they are actually incurred.
Amendment 537 #
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(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;
Amendment 553 #
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 may submit to the Commission a certificate on the methodology. That methodology shall comply with the conditions set out in Articles 23, 25 and, where appropriate, Article 27(2) and meet the requirements of grant agreement.
Amendment 555 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. When examining certificates on the methodology, usual accounting practices should be fully taken into account by the Commission. Where the Commission accepts a certificate on the methodology, it shall be valid for all actions financed under Regulation (EU) No XX/XX [Horizon 2020] and the participant shall calculate and claim costs on its basis. Once the Commission has accepted a certificate on the methodology, it will not be possible to attribute to the beneficiary any systemic or recurrent error related to the beneficiary methodology.
Amendment 590 #
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 choosing experts, the Commission shall ensure a balance between different stakeholders' representatives. In cases where independent experts have to deal with classified information, the appropriate security clearance shall be required before appointment.
Amendment 609 #
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 4
Article 37 – paragraph 2 – subparagraph 4
Appropriate measures shall be taken to seek gender balance and geographical diversityensure reasonable gender balance when appointing independent experts.
Amendment 620 #
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 invention, design or work for the purpose of applying for, 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 627 #
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 exploit their jointly owned results, including 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 636 #
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. Notwithstanding paragraphs 1, 2 and 3, participants may agree on different arrangements governing ownership of the results.
Amendment 642 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1
Article 39 – paragraph 2 – subparagraph 1
2. Where a participant that has received Union funding intends not to protect results generated by it for reasons other than impossibility under Union or national law or the lack of potential for commercial or industrial exploitation, and unless the participant intends to transfer them to another legal entity established in a Member State or associated country in view of their protection, it shall inform the Commission or funding body before any dissemination relating to these results takes place. The Commission on behalf of the Union or the funding body may assume ownership of these results and take the necessary steps for their adequate protection.
Amendment 644 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 2
Article 39 – paragraph 2 – subparagraph 2
The participant may refuse consent only if it demonstrates that its legitimate interests would suffer significant harm. No dissemination relating to these results may take place until the Commission or the funding body has taken a decision or has decided that it will assume ownership and has taken the necessary steps to ensure protection. The model grant agreement shall lay down time-limits in this respect.
Amendment 647 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. Where a participant that has received Union funding intends to abandon the protection of results or not to seek extension of such protection for reasons other than the lack of potential for commercial exploitation, it shall inform the Commission or the funding body which may continue or extend protection by assuming ownership thereof. The participant may refuse consent only if it demonstrates that its legitimate interests would suffer significant harm. The model grant agreement shall lay down time-limits in this respect.
Amendment 649 #
Proposal for a regulation
Article 40 – paragraph 1 – subparagraph 1
Article 40 – paragraph 1 – subparagraph 1
1. Each participant that has received Union funding shall use its best efforts to exploit the results it owns in further research or commercially, or to have them exploited by another legal entity for these purposes, in particular through transfer and licensing of results in accordance with Article 41.
Amendment 653 #
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 2
Article 40 – paragraph 2 – subparagraph 2
Additional dissemination obligations may be laid down in the grant agreement. Any such additional obligations shall be indicated in the work programme or work plan.
Amendment 658 #
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 3
Article 40 – paragraph 2 – subparagraph 3
With regard to dissemination through researchscientific publications, open access shall apply under the terms and conditions laid down in the grant agreement. With regard to dissemination of other results, including research data, the model grant agreement may lay down the terms and conditions under which open access to such results shall be provided, in particular in ERC frontier research or in other appropriate areas.
Amendment 668 #
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. 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 model grant agreement mayshall lay down time-limits in this respect.
Amendment 677 #
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 or contractual undertakings in the case of mergers and acquisitions, where other participants still enjoy 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.
Amendment 682 #
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 4 a (new)
Article 41 – paragraph 1 – subparagraph 4 a (new)
A participant may – without having to seek the authorisation of the other participants but on condition that the other participants are informed in writing and that the assignee consents in writing to be bound by the obligations arising from the grant agreement and the consortium agreement – assign his new knowledge to: (a) his affiliated entities; (b) any party that acquires all or a substantial part of his assets; or (c) any entity which succeeds him as a result of a merger or consolidation of that party with such entities.
Amendment 688 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Provided that any access rights to the results can be exercised and that any additional exploitation obligations are complied with by the participant who owns results, the participant who owns results may grant licences or otherwise give the right to exploit them results to any legal entity, including on an exclusive basis. Exclusive licences for results may be granted subject to written confirmation by all the other participants that they waive their access rights thereto.
Amendment 690 #
Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 1
Article 41 – paragraph 3 – subparagraph 1
3. With regard to results which are generated by participants that have received Union funding, the Commission or funding bodygrant agreement may provide that the Commission or funding body or any participant in the action may object to transfers of ownership or to grants of an exclusive licence, to third parties established in a third country not associated to Horizon 2020, if it considers that the grant or transfer is not in accordance with the interests of developing the competitiveness of the Union economy or is inconsistent with ethical principles or security considerations.
Amendment 692 #
Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 2
Article 41 – paragraph 3 – subparagraph 2
In such cases, the transfer of ownership or grant of exclusive licence shall not take place unless the Commission or funding body or the participant in the action is satisfied that appropriate safeguards will be put in place.
Amendment 693 #
Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 3
Article 41 – paragraph 3 – subparagraph 3
Where appropriate, the grant agreement shall provide that the Commission or funding body or any participant in the action is to be notified in advance of any such transfer of ownership or grant of an exclusive licence. The model grant agreement shall lay down time-limits.
Amendment 696 #
Proposal for a regulation
Article 42
Article 42
Participants shall identify the necessary background for their action in any manner in a written agreement.
Amendment 697 #
Proposal for a regulation
Article 43 – paragraph -1 (new)
Article 43 – paragraph -1 (new)
-1. The principles governing rights of access as defined in this article shall constitute a minimum precondition, which may be expanded at the discretion of, and by means of an agreement between, all the participants in a specific action.
Amendment 698 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Any request to exercise access rights or any waiving of access rights shall be made in writing and obtained directly from the participant owning the results or the background, unless otherwise agreed among the participants. Waiving of access rights can only be done on a case by case basis, after the particular result or background has been generated, unless otherwise agreed among the participants.
Amendment 702 #
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
3. Participants in the same action shall inform each other before their accession to the grant agreement of any legal restriction or limit to granting access to their background. Any agreement concluded thereafter by a participant regarding background shall ensure that any access rights may be exercised. The Commission or the funding body shall be informed of the restriction(s) before the grant agreement is concluded and shall consider the impact which the restriction(s) have or will have on the attainment of the aims of the specific project.
Amendment 704 #
Proposal for a regulation
Article 43 – paragraph 4
Article 43 – paragraph 4
Amendment 707 #
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
1. A participant shall enjoy access rights to the results of another participant in the same action, if such access isresults are needed by the former to carry out its work under the action.
Amendment 708 #
Proposal for a regulation
Article 44 – paragraph 2 – subparagraph 1
Article 44 – paragraph 2 – subparagraph 1
2. A participant shall enjoy access rights to background of another participant in the same action, if such baccesskground is needed by the former to carry out its own work under the action and subject to any restrictions pursuant to Article 43(3).
Amendment 711 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1
Article 45 – paragraph 1 – subparagraph 1
1. A participant shall enjoy access rights to the results of another participant in the same action, if such access isresults are needed by the former to exploit its own results.
Amendment 713 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Article 45 – paragraph 1 – subparagraph 2
Amendment 716 #
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1
Article 45 – paragraph 2 – subparagraph 1
2. A participant shall enjoy access rights to background of another participant in the same action, if such baccesskground is needed by the former to exploit its own results and subject to any restrictions or limits pursuant to Article 43(3).
Amendment 718 #
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 2
Article 45 – paragraph 2 – subparagraph 2
Amendment 720 #
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. ASubject to Article 43(1)(a), an affiliated entity established in a Member State or associated country shall, unless otherwise provided for in the consortium agreement, also have access rights to results orand background under the samfair and reasonable conditions if such access isresults or background are needed to exploit the results generated by the participant to which it is affiliated.
Amendment 722 #
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
4. A request for access rights under paragraphs 1, 2 and 3 may be made up to one year after the end of the action or after the termination of the requesting participant's participation in the action. However, the participants may agree on a different time- limit.
Amendment 723 #
Proposal for a regulation
Article 46
Article 46
Amendment 734 #
Proposal for a regulation
Article 47 – title
Article 47 – title
Specific provisions for particular types of actions
Amendment 750 #
Proposal for a regulation
Article 49 – title
Article 49 – title
Procurement, pre-commercial procurement and public procurement of innovative solutions
Amendment 753 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
Amendment 754 #
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
1a. The inventor shall remain the owner of the results and user rights shall be granted to the contracting authorities for the own use as well as the right to exploit.
Amendment 755 #
Proposal for a regulation
Article 49 – paragraph 3 a (new)
Article 49 – paragraph 3 a (new)
3a. However the exploitation of the results by a third party as foreseen in the rules for participation and dissemination shall be limited to the satisfaction of the need of the Union or of the adjudicating Member State(s) with the exclusion of any commercial exploitation by third parties. The owner may refuse the concession of such rights to third parties in case of harm to its legitimate interest.