23 Amendments of Jolanta Emilia HIBNER related to 2011/0399(COD)
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 396 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 418 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 428 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 463 #
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
Amendment 470 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22 a Maximum reimbursement rates 1. The Horizon 2020 grant may reach a maximum of 100 % of the total eligible costs, without prejudice to the co- financing principle. 2. The Horizon 2020 grant shall be limited to a maximum of 70 % of the total eligible costs for the following actions: (a) actions primarily consisting of activities such as prototyping, testing, demonstrating, experimental development, piloting, market replication; (b) programme co-fund actions. 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. 4. The reimbursement rates determined in this Article shall also apply in the case of actions where flat rate, scale of unit or lump-sum financing is fixed for the whole or part of an action.
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.