BETA

26 Amendments of Marisa MATIAS related to 2011/0399(COD)

Proposal for a regulation
Recital 2

(2) Horizon 2020 should be implemented with a view to contributing directly to creating citizens welfare, social, economic and ecological sustainability, industrial leadership, growth and employment in Europe and should reflect the strategic vision of the Commission Communication of 6 October 2010 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Region ‘Europe 2020 Flagship Initiative Innovation’ whereby the Commission engages to radically simplify access of participants.

2012/07/02
Committee: ITRE

Proposal for a regulation
Recital 16

(16) The participant Guarantee Fund set up under Regulation No 1906/2006/EC of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres ~~and universitie~~, universities and civil society organisations or institutions in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013) and managed by the Commission has proved to be an important safeguard mechanism which mitigates the risks associated to the amounts due and not reimbursed by defaulting participants. Therefore, a new participant Guarantee Fund (the Fund) should be established. In order to ensure a more efficient management and a better coverage of participants' risk, the Fund should cover actions under the programme set up under Decision No 1982/2006/EC, under the programme set up by Council Decision of 18 December 2006 concerning the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2007 to 2011), under the programme set up by Council Decision […] of X 2011 establishing the Framework Programme of the European Atomic Energy Community (2012-2013) as well as actions under Regulation (EU) No XX/XX [Horizon 2020] and Regulation (Euratom) No XX/XX of the Council on the Research and Training Programme of the European Atomic Energy Community (2014-2018) complementing the Horizon 2020- the Framework Programme for Research and Innovation [Euratom H2020]. Programmes managed by entities other than Union bodies should not be covered by the Fund.

2012/07/02
Committee: ITRE

Proposal for a regulation
Recital 19

(19) Rules governing the exploitation and dissemination of results should be laid down to ensure that the participants protect, exploit and disseminate those results as appropriate, in particular the possibility of additional exploitation, dissemination or licensing conditions in the European strategic interest, or where a predominant public interest exists.

2012/07/02
Committee: ITRE

Proposal for a regulation
Article 2 – paragraph 1 – point 10

(10) 'legal entity’ means undertakings, research centres ~~and~~, universities, and civil society organisations 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;

2012/07/02
Committee: ITRE

Proposal for a regulation
Article 12 – paragraph 3 a (new)

3a. Any proposal for research with the potential for further development into a novel medical technology (e.g. drugs, vaccines, medical diagnostics) shall include a draft plan specifying a strategy to guarantee the immediate and widest possible access to this technology, where lack of access to the technology would pose a threat to the protection of public health.

2012/07/02
Committee: ITRE

Proposal for a regulation
Article 16 – paragraph 3 a (new)

3a. When research is conducted in a field relevant to the preservation of public health, the grant agreement shall contain provisions that foster accessibility of the results to Union and non-Union residents through socially responsible licensing strategies.

2012/07/02
Committee: ITRE

Proposal for a regulation
Article 22 – paragraph 2

2. The following shall be considered as receipts of the action: (a) Resources made available by third parties to the participants by means of financial transfers or contributions in kind free of charge, provided that they have been contributed by the third party specifically to be used in the action; (b) Income generated by the action, except income generated by the exploitation of the results of the action; (c) Income generated from the sale of assets purchased under the grant agreement up to the value of the cost initially charged to the action by the participant.deleted

2012/07/03
Committee: ITRE

Proposal for a regulation
Article 22 – paragraph 2 – point a

(a) Resources made available by third parties to the participants by means of financial transfers or contributions in kind free of charge, provided that they have been contributed by the third party specifically to be used in the action;deleted

2012/07/03
Committee: ITRE

Proposal for a regulation
Article 22 – paragraph 2 – point b

~~(b) Income generated by the action, except income generated by the exploitation of the results of the action;~~deleted

2012/07/03
Committee: ITRE

Proposal for a regulation
Article 22 – paragraph 2 – point c

~~(c) Income generated from the sale of assets purchased under the grant agreement up to the value of the cost initially charged to the action by the participant.~~deleted

2012/07/03
Committee: ITRE

Proposal for a regulation
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.~~deleted

2012/07/03
Committee: ITRE

Proposal for a regulation
Article 22 – paragraph 4

~~4. The Horizon 2020 grant may reach a maximum of 100 % of the total eligible costs, without prejudice to the co- financing principle.~~deleted

2012/07/03
Committee: ITRE

Proposal for a regulation
Article 22 – paragraph 5

5. 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.deleted

2012/07/03
Committee: ITRE

Proposal for a regulation
Article 22 – paragraph 5 – point a

~~(a) actions primarily consisting of activities such as prototyping, testing, demonstrating, experimental development, piloting, market replication;~~deleted

2012/07/03
Committee: ITRE

Proposal for a regulation
Article 22 – paragraph 5 – point b

~~(b) programme co-fund actions.~~deleted

2012/07/03
Committee: ITRE

Proposal for a regulation
Article 22 – paragraph 6

~~6. 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.~~deleted

2012/07/03
Committee: ITRE

Proposal for a regulation
Article 24 – paragraph 1

1. Indirect eligible costs shall be determined by applying a flat rate of 20% 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 partiesthe rules applicable under Seventh Framework Programme.

2012/07/03
Committee: ITRE

Proposal for a regulation
Article 22 – paragraph 1

1. The funding for an action shall ~~not exceed the total eligible costs minus the receipts of the action~~be in accordance with all the rules defined under the 7th Framework Programme (FP7).

2012/07/03
Committee: ITRE

Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 4

Appropriate measures shall be taken to seek interests balance as well as gender balance and geographical diversity when appointing independent experts. In particular, appropriate measures shall be taken to prevent the capture of expert groups by private and/or commercial interests.

2012/07/03
Committee: ITRE

Proposal for a regulation
Article 37 – paragraph 3

3. The Commission or the relevant funding body shall take all necessary steps to ensure that the expert is not faced with a conflict of interests in relation to the matter on which the expert is required to provide an opinion, starting with the publication of their full declaration of professional activities and financial interests. Stakeholders or persons with conflicts of interests shall be prohibited from sitting "in a personal capacity".

2012/07/03
Committee: ITRE

Proposal for a regulation
Article 40 – paragraph 1 – subparagraph 2

Additional exploitation obligations may be laid down in the grant agreement. Any such additional obligations shall be indicated in the work programme or work plan. If the work programme is directed towards tackling major societal challenges (health, climate, biodiversity), exploitation, transfer and licensing of results shall take place according to the principles of Global Access Licensing, to ensure maximum uptake of innovative solutions in the best public interest, and to foster accessibility of research results to those who are affected.

2012/07/03
Committee: ITRE

Proposal for a regulation
Article 40 – paragraph 3

3. Each participant shall report to the Commission or funding body on its exploitation and dissemination related activities. For the purposes of monitoring and dissemination by the Commission or funding body, participants shall provide any information and documents useful in accordance with the conditions laid down in the grant agreement. To ensure transparency, the reports shall be made publicly available.

2012/07/03
Committee: ITRE

Proposal for a regulation
Article 40 – paragraph 4 a (new)

4a. In order to achieve a more effective and productive dissemination of results, and allow them to reach their full potential for society, engagement shall be promoted between scientific community and citizens, civil society, cities, local, regional and national authorities, industry and other economic stakeholders.

2012/07/03
Committee: ITRE

Proposal for a regulation
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, the participant who owns results may grant licences or otherwise give the right to exploit them to any legal entity, including on an exclusive basis. Where the results belonging to a participant can be used to tackle major societal challenges (health, climate, biodiversity), and the participant transfers rights to another party, this transfer shall occur according to the principles of "global access licensing", i.e. in a way that ensures maximum uptake of results and reduces the barriers for future innovation.

2012/07/03
Committee: ITRE

Proposal for a regulation
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 body 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. or is likely to obstruct access to the resulting products in a way harmful to the public interest (namely in the case of novel lifesaving medicines and medical technologies).

2012/07/03
Committee: ITRE

Proposal for a regulation
Article 47 – paragraph 7 a (new)

7a. In case of research where a predominant public interest exists (e.g. research that has the potential for further development into a lifesaving drug, vaccine or medical diagnostic) Global Access Licensing (as defined in Article 40 (1)) shall guarantee the availability of affordable treatment to all Union citizens as well as to patients in low and middle- income countries.

2012/07/03
Committee: ITRE