22 Amendments of Ramon TREMOSA i BALCELLS related to 2011/0399(COD)
Amendment 185 #
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 42, which is needed for carrying out the indirect action or for using the results of the indirect action;
Amendment 202 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7a) 'exploitation' means the direct or indirect utilization of results in further research activities other than those covered by the indirect action concerned, or for developing, creating and marketing a product or process, or for creating and providing a service;
Amendment 209 #
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 or other research and innovation institutions, 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 211 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10a) 'non-profit legal entity' means a legal entity which by law shall not have a lucrative aim and/or which has a legal or statutory obligation not to distribute profits and/or which is recognized as such by national, Union or international authorities;
Amendment 214 #
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 such as copyright, design rights, patent rights, plant variety rights or similar forms of protection;
Amendment 221 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
(15a) 'usual accounting practices' means the accounting principles and conventions habitually and demonstrably employed by a participant for the purpose of participating in national or regional public research and innovation programmes analogous to Horizon 2020;
Amendment 229 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Subject to the conditions established in the implementing agreements, decisions or contracts, any data, knowledge and information communicated as confidential in the frame of an action shall be kept confidential by the institutions and bodies and the participants taking part in an action, taking due account of any rules regarding the protection of classified information.
Amendment 251 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. An European Grouping of Territorial Cooperation (EGTC) or other legal body established under the laws of one of the participating countries, may participate in the action provided that it is set up by public authorities and bodies from at least two participating countries and provided that the conditions laid down in this regulation have been met, as well as any conditions laid down in the relevant work programme or work plan.
Amendment 265 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. By way of derogation from paragraph 1, an EGTC, within the meaning of article 6, may apply as sole beneficiary for an operation.
Amendment 266 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. By way of derogation from paragraph 1, in the case of a project coordinated by a European Grouping for Territorial Cooperation, the minimum condition shall be the participation of two legal entities established in two different Member States or associated countries.
Amendment 309 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Each criterion listed in paragraph 1 will be scored out of 5. Half marks can be given. The scores indicate the following with respect to the criterion under examination: (a) 0 - The proposal fails to address the criterion under examination or cannot be judged due to missing or incomplete information (b) 1 - Poor. The criterion is addressed in an inadequate manner, or there are serious inherent weaknesses. (c) 2 - Fair. While the proposal broadly addresses the criterion, there are significant weaknesses. (d) 3 - Good. The proposal addresses the criterion well, although improvements would be necessary. (e) 4 - Very good. The proposal addresses the criterion very well, although certain improvements are still possible. (f) 5 - Excellent. The proposal successfully addresses all relevant aspects of the criterion in question. Any shortcomings are minor.
Amendment 328 #
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 or other participants when the requested funding from the Union for the action is equal or superior to EUR 6500 000, as in Seventh Framework Programme, unless where, on the basis of available information, there are grounds to doubt the financial capacity of the coordinator or other participants.
Amendment 379 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Participants shall make no commitments which are incompatible with 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 of each participant shall be limited to its own debt, subject to the provisions relating to the Fund. The participants shall ensure that the Commission or funding body is informed of any serious event which might affect the implementation of the action or the interests of the Union.
Amendment 380 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The participants shall implement the action and shall take all necessary and reasonable measures to that end. They shall have the appropriate resources as and when needed for carrying out the action. Where it is necessary for the implementation of the action, they may call upon third parties, including subcontractors, to carry out certain elements of the action or may use resources made available by third parties by means of contributions in kind according to the conditions set out in the grant agreement. The participant shall retain sole responsibility towards the Commission or the relevant funding body and towards the other participants for the work carried out.
Amendment 383 #
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 model grant agreement.
Amendment 385 #
Proposal for a regulation
Article 19 – paragraph 9
Article 19 – paragraph 9
9. Participants shall comply with national legislation, regulations and ethical rules in the Union and associated countries where the action will be carried out. Where appropriate, participants shall seek the approval of the relevant national or local ethics committees prior to the start of the action. Actions which are carried out by third countries and funded by the Commission shall comply with the Union legislation.
Amendment 469 #
Proposal for a regulation
Article 22 – paragraph 6 a (new)
Article 22 – paragraph 6 a (new)
6a. In case of public and non-profit institutions, the Horizon 2020 grant should reach a maximum of 100% of the total eligible costs for all type of actions, as there are no co-financing possibilities.
Amendment 502 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. For those institutions who demonstrate an accurate analytic accounting system, indirect costs could be based on real institutional overhead costs, up to a maximum of 60%.
Amendment 506 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Eligible personnel costs shall only cover the actual hours worked by the persons directly carrying out work under the action. The evidence regarding the actual hours worked shall be provided by the participant, normally through a time recording system. Third parties carrying out the project within the premises of the beneficiary may claim actual hours worked in the project.
Amendment 538 #
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;usual accounting practices of the beneficiary.
Amendment 595 #
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 2
Article 37 – paragraph 2 – subparagraph 2
Independent experts shall be identified and selected on the basis of calls for applications from individuals and calls addressed to relevant organisations such as national and regional research agencies, research and technology institutions, standardisation organisations or enterprise organisations and enterprises with a view to establishing a database of candidates.
Amendment 731 #
Proposal for a regulation
Article 46 – paragraph 2 – subparagraph 1
Article 46 – paragraph 2 – subparagraph 1
2. Regarding actions in the activity ‘Secure societies’ within the specific objective ‘Inclusive, innovative and secure societies’, the Union institutions and bodies as well as Member States' national and regional authorities shall, for the purpose of developing, implementing and monitoring their policies or programmes in this area, enjoy access rights to the results of a participant that has received Union funding. Notwithstanding Article 43(2), such access rights shall include the right to authorise third parties to use the results in public procurement in the case of the development of capabilities in domains with very limited market size and a risk of market failure, and where a predominant public interest exists.