Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ITRE | EHLER Christian ( PPE) | GLANTE Norbert ( S&D), JOHANSSON Kent ( ALDE), LAMBERTS Philippe ( Verts/ALE), FORD Vicky ( ECR) |
Committee Opinion | DEVE | NEWTON DUNN Bill ( ALDE) | |
Committee Opinion | BUDG | TORVALDS Nils ( ALDE) | |
Committee Opinion | AFET | SOPHOCLEOUS Sophocles ( S&D) | Sabine LÖSING ( GUE/NGL), Norica NICOLAI ( ALDE) |
Lead committee dossier:
Legal Basis:
TFEU 173-p3, TFEU 183, TFEU 188-p2
Legal Basis:
TFEU 173-p3, TFEU 183, TFEU 188-p2Subjects
Events
PURPOSE: to lay down rules for participation in indirect actions undertaken under Horizon 2020, and for the results of those actions.
LEGISLATIVE ACT: Regulation (EU) n° 1290/2013 of the European Parliament and of the Council laying down the rules for participation and dissemination in "Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020)" and repealing Regulation (EC) No 1906/2006.
CONTENT: the Regulation lays down specific rules for the participation in indirect actions undertaken under the Horizon 2020 Programme, including participation in indirect actions funded by funding bodies. It also lays down the rules governing the dissemination of results.
Simplification: following recommendations made by Parliament in its resolution of 11 November 2010, simplification of financial and administrative is a central aim of Horizon 2020.
The new rules provide a coherent, comprehensive and transparent framework to ensure the most efficient implementation possible, taking into account the need for easy access by all participants through simplified procedures in particular with regard to micro-, small-, and medium-sized enterprises (SMEs).
Financing rules : the financial assistance from the Union could be provided in various forms, such as prizes, pre-commercial procurement, public procurement of innovative solutions, or financial instruments.
Simpler funding rules will reduce administrative costs for participants and decrease financial errors. A simplified funding model will be used for the reimbursement of activities:
· a single reimbursement rate for eligible costs that will be applied to all activities within an action;
· the reimbursement would reach a maximum of 100 % of the total eligible costs of an action, with a ceiling of 70 % for those innovation actions closer to the market and for programme co-funded actions;
· non-profit organisations will benefit a reimbursement of maximum 100% also in innovation actions;
· a flat rate of 25% of the total direct eligible costs will be reimbursed to cover indirect costs.
Selection and award criteria : the proposals submitted shall be evaluated on the basis of: (a) excellence; (b) impact; (c) quality and efficiency of the implementation.
The selection and award criteria should be applied in a transparent way and based on objective and measurable parameters.
The following minimum conditions for participation shall apply: (a) at least three legal entities shall participate in an action; (b) three legal entities shall each be established in a different Member State or associated country; and (c) the three legal entities shall be independent of each other.
Proposals: the period between the deadline for the submission of project proposals and the conclusion of a grant agreement will be significantly shortened . The following time-limits are provided:
· for informing all applicants of the outcome of the scientific evaluation of their application, a maximum period of five months from the final date for submission of complete proposals;
· for signing grant agreements with applicants or notifying grant decisions to them, a maximum period of three months from the date of informing applicants they have been successful.
In line with the principle of transparency, the Commission must publish open calls for proposals on the internet pages of Horizon 2020 , through specific information channels, and should ensure their wide dissemination. It should consider the timings of calls for proposals and requests for information taking into account, where possible, standard holiday periods.
The Commission shall also ensure the existence of a procedure for participants to make enquiries or complaints about their involvement in Horizon 2020. In the case of unsuccessful proposals, it should give feedback to the applicants concerned. The process of the ethics review must be as transparent as possible.
The Commission may appoint independent experts to evaluate proposals.
Procedures: these should be simplified in ways made possible by the improvement of IT systems, such as the further expansion of the portal for participants which should function as the single entry point from the moment of publication of the calls for proposals, through submission of proposals, until implementation of the action, with the aim of establishing a one-stop shop . The system may also provide feedback to applicants on the progress and the timeline of their applications.
Access to risk finance: this remains a key issue, in particular for innovative SMEs.
In order to allow their most effective use, the new rules allow for debt and equity financial instruments to be combined with each other and with grants funded under the Union budget, including under Horizon 2020.
The Commission should, in particular, ensure continuity of the Risk-Sharing Finance Facility (RSFF) set up under Decision No 1982/2006/EC and the early stage part of the High-Growth and Innovative SME Facility (GIF1) set up under Decision No 1639/2006/EC.
Open access to results : to increase the circulation and exploitation of knowledge, open access to scientific publications will be ensured. Furthermore, open access to research data resulting from publicly funded research under Horizon 2020 will be promoted.
The Regulation makes provision for rules governing the exploitation and dissemination of results to ensure that participants protect, exploit and disseminate those results as appropriate, and to provide for the possibility of additional exploitation conditions in the European strategic interest.
ENTRY INTO FORCE: 23/12/2013.
DELEGATED ACTS: the Commission is empowered to adopt delegated acts with regard to funding bodies set up under Article 187 TFEU. The power to adopt delegated acts is conferred on the Commission for the duration of Horizon 2020. The European Parliament or the Council may object to a delegated act within two months of notification of that act (which may be extended by two months.) If Parliament or Council raise objections, the delegated act will not enter into force.
The European Parliament adopted by 506 votes to 81 with 9 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council laying down the rules for the participation and dissemination in 'Horizon 2020 – the Framework Programme for Research and Innovation.
Parliament adopted its position in first reading following the ordinary legislative procedure. The amendments adopted in plenary were the result of a compromise between Parliament and Council. They amend the Commission proposal as follows:
Transparency and information : the Commission should publish open calls for proposals on the internet pages of Horizon 2020 , through specific information channels, and should ensure their wide dissemination. It should consider the timings of calls for proposals and requests for information taking into account, where possible, standard holiday periods.
Furthermore, guidance and information must be made available to all potential participants at the time of publication of the call for proposals.
The selection and award criteria should be applied in a transparent way and based on objective and measurable parameters. The Commission shall ensure the existence of a procedure for participants to make enquiries or complaints about their involvement in Horizon 2020. In the case of unsuccessful proposals, the Commission should give feedback to the applicants concerned.
Lastly, the process of the ethics review must be transparent as possible.
Simplification : the new rules must provide easy access to all participants through simplified procedures, in particular with regard to SMEs. The period between the final date for the submission of complete proposals and the signing of grant agreements with applicants or notifying grant decisions to them should be shorter.
All exchanges with participants, including the conclusion of grant agreements, the notification of grant decisions and any amendments thereto, may be made through an electronic exchange system set up by the Commission or by the relevant funding body.
The portal for participants should function as the single entry point from the moment of publication of the calls for proposals, through submission of proposals, until implementation of the action, with the aim of establishing a one-stop shop. The system may also provide feedback to applicants on the progress and the timeline of their applications.
The Commission shall, in close cooperation with the Member States, draw up model grant agreements between the Commission or the relevant funding body and the participants.
Reimbursement rates : in principle, the reimbursement rates should be 100 % or 70 %.
Provisions were set out regarding eligible costs.
Financial instruments : in order to allow their most effective use, debt and equity financial instruments should be allowed to be combined with each other and with grants funded under the Union budget, including under Horizon 2020.
Furthermore, the Commission should:
ensure continuity of the Risk-Sharing Finance Facility (RSFF) set up under Decision No 1982/2006/EC and the early stage part of the High-Growth and Innovative SME Facility (GIF1) set up under Decision No 1639/2006/EC;
ensure sufficient complementarities between the SME instrument under Horizon 2020 and the financial instruments under Horizon 2020 and the COSME programme , as well as with schemes and instruments set up jointly with Member States, such as the Eurostars Joint Programme.
Delegated acts : the Commission would be empowered to adopt delegated acts concerning, for example:
the conditions for participation in calls for proposals issued by funding bodies established in the area of aeronautics;
the rules governing exploitation and dissemination of results, allowing funding bodies established in the area of innovative medicines to extend the possibilities of transfer and licensing of results and background for affiliated entities, purchasers and any successor entity, in accordance with the grant agreement and without the consent of other participants.
Participants that have received Union funding, and that plan to exploit the results generated with such funding primarily in third countries not associated with Horizon 2020, should indicate how the Union funding will benefit Europe's overall competitiveness (reciprocity principle), as set out in the grant agreement.
Evaluation : the interim evaluation of Horizon 2020 should include an evaluation of the new funding model, including its impact on funding levels, on participation in Horizon 2020 and on the attractiveness of the latter.
Ministers took note of the state of play on negotiations with the European Parliament concerning the different parts of the Horizon 2020 programme, following the presentation of a report by the Irish Presidency.
Significant progress has been made in the negotiations of Horizon 2020, including during the 6 informal trilogues and several technical meetings to date. However, in the informal trilogue meeting of 16 April, it became apparent that the negotiations have reached a point at which a number of critical issues stand in the way of reaching agreement.
To make progress, the Presidency prepared a policy paper on which it presented the Presidency’s assessment on the critical issues for the Parliament at this stage. These were classified in 3 categories, namely (i) issues related to the Horizon 2020 architecture; (ii) new objectives, activity lines and sub-activity lines, and ways for improving the participation of small businesses in the programme ; and (iii) simplification and effectiveness , in particular of the future funding model for research projects.
The discussion at Coreper, on 8 May 2013 gave the Presidency some indication as to where the Member States position themselves on these major issues and where a possible way towards a bigger compromise package could be sought. Following that discussion, the Presidency produced compromise proposals for discussion at the Research Working Party and in technical meetings with the European Parliament.
At the end of the session, the Presidency summarised the outcome of the debate indicating that:
Ministers agreed with the Presidency's view that the negotiations with the Parliament on the overall package should be completed before the end of June ; there is a strong consensus that simplification is critical to ensuring that Horizon 2020 delivers on its potential to be a real driver for growth in Europe and that the funding model agreed by the Council last October is the key means to ensure simplification and should be the cornerstone of the package to be agreed with the Parliament; in order to achieve this, Ministers are willing to be flexible on a number of issues such as widening participation, science for society, experimentation on a fast-track approach to innovation and budgetary targets or indications for energy, an SME instrument and possibly other elements .
The Committee on Industry, Research and Energy adopted the report by Christian EHLER (EPP, DE) on the proposal for a Regulation of the European Parliament and of the Council laying down the rules for the participation and dissemination in 'Horizon 2020 – The Framework Programme for Research and Innovation (2014-2020).
The parliamentary committee recommends that the European Parliament’s position adopted at first reading in accordance with the ordinary legislative procedure should be to amend the Commission’s proposal as follows:
Transparency of rules: the rules for the participation and dissemination should be clear and transparent and ensure to the largest possible extent the participation of SMEs. All relevant instructions and guidance notes for beneficiaries should be available from the beginning of the first Horizon 2020 work programme onward.
Gender dimension: Members stress the importance of a reinforced gender perspective in the design, implementation and delivery of Horizon 2020.
Public-private partnership: the rules applicable to participation and dissemination should include rules for the establishment of public-private partnerships. In particular, the establishment of public-private partnerships should be subject to conditions that ensure that an effective competitive environment is maintained and that opportunities for new entrants to join in at any stage are ensured.
EU financial assistance: this make be provided in different forms by choosing the most appropriate measure that suits the specific needs of the targeted beneficiaries and should always aim at producing the largest possible leverage effect. In order to reduce the complexity of the existing funding rules and increase participation, a simplified cost reimbursement system should be adopted with enhanced use of lump sums, flat rates and scale of unit costs, allowing also a full-cost option, as well as applying the usual accounting practices of the beneficiary.
Financing rates: the rules for the participation and dissemination should establish a limited combination of funding rates and options for reimbursement of indirect costs, while maintaining the current differentiation between universities/research centres, non-profit organisations and SMEs and industry, as stated in the European Parliament's resolution of 11 November 2010 .
For the reimbursement of eligible costs , Members propose that the following maximum rates should apply:
for a non-profit participant or an SME participant, the grant may reach a maximum of 100 % of the direct eligible costs; for a non-profit participant or an SME participant that has opted to determine its indirect eligible costs based on indirect costs actually incurred, the grant shall be limited to a maximum of 70 % of the direct eligible costs; for an industry participant, the grant shall be limited to a maximum of 70 % of the direct eligible costs; for an industry participant that has opted to determine its indirect eligible costs based on indirect costs actually incurred, the grant shall amount to 50% of total eligible costs; for programme co-fund actions and other indirect actions that consist mainly in large-scale experimental development activities, the applicable rate may be a maximum of 35% of direct eligible costs.
Value-added tax (VAT) paid by and which cannot be refunded to, the beneficiary according to the applicable national legislation, shall be considered as an eligible cost.
Costs relating to free access to publications of research funded under the Horizon 2020 budget, published during or after the expiry of the lifetime of a project should be reimbursable.
New forms of financing: to strengthen the idea of common body of rules, a new title “Specific Provisions” should be introduced in the participation rules covering the specific types of funding organisations , as well as new forms of financing available, including venture capital investment for innovative companies, and in particular SMEs, and where the pursued results cannot be effectively achieved by grants.
Structural Funds: Members call for the synergies between the Structural Funds and the Horizon 2020 Programme to be exploited more than hitherto to attain the objective of spreading excellence and expanding participation. This should be done in particular by linking up-and-coming centres of excellence located in less innovative, less well-performing Member States and regions with world leading European research partners.
SME participation: the rules should take account of the specific funding needs of SMEs in order to release their full research and innovation potential, with due regard to the specificities of different types of SMEs and different sectors .
Deadline for the submission of project proposals and the conclusion of the grant agreement: in Members’ opinion, the deadlines laid down in regard to deciding on the successful bids should be a priority. In general, the period between the deadline for the submission of project proposals and the conclusion of the grant agreement (time to grant) should not exceed six months . The Commission shall ensure that participants receive money owed to them within 30 days of the necessary paperwork being submitted to the Commission.
Simplification: the Commission should continue its efforts to simplify the procedures in ways made possible by the improvement of IT systems , such as the further expansion of the Participants Portal as the single entry point from the publication of the calls for project proposals, followed by their submission, until implementation, for all programmes, with the aim of establishing a one-stop shop. The Commission should 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.
Exploitation and dissemination of results: while recognising the importance of intellectual property rights, Members nevertheless consider it important to further emphasise the need for the exploitation and dissemination as widely as possible of knowledge acquired as a result of the activities supported. The setting up of patent pools should be encouraged in order to allow the sharing of patented scientific data and increase collaborative efforts and R&D cooperation on specific technological needs.
Complaints: the Commission shall set up a formal complaints procedure for participants, which may include appointing an ombudsman or equivalent body specifically dedicated to research and innovation projects under Horizon 2020.
Communication: the ethics approval process shall be transparent to participants and to applicants, especially when the process is the source of a delay in the initiation of projects.
PURPOSE: to lay down specific rules for the participation in indirect actions undertaken under the Horizon 2020 Programme.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
BACKGROUND: designed to support the Europe 2020 Flagship Initiative " Innovation Union ", the basic principle of "Horizon 2020" is to adopt a much more strategic approach to research and innovation. All policy instruments and measures are designed to contribute to research and innovation and to develop further the European Research Area whereby knowledge, researchers and technology circulate freely, and to accelerate the commercialisation and diffusion of innovation across the Single Market.
The set consists of the proposals for:
· a Framework Programme for Horizon 2020;
· a single set of Rules for Participation and Dissemination ;
· a single specific programme to implement Horizon 2020;
· a single proposal for the parts of Horizon 2020 corresponding to the Euratom Treaty .
This proposal makes it clear that the rules for the participation and dissemination should adequately reflect the recommendations of the European Parliament, as summarised in the "Report on simplifying the implementation of the Research Framework Programmes ".
Furthermore, following extensive public consultation based on a Green Paper , "From challenges to opportunities: towards a common strategic framework for Union research and innovation funding", the following obstacles were identified to participation rules:
· the most important one from the participant's perspective is the complexity of administrative procedures along with the administrative burden;
· participants also find it very burdensome to apply different sets of rules depending on the Union research and innovation programme and they called for a greater consistency of rules between instruments;
· currently too many procedures, in particular regarding financial controls, appear to be designed exclusively to ensure a very low risk of errors, but also result in control mechanisms perceived as rigid and excessive. A risk/ trust balance is required.
IMPACT ASSESSMENT: the four proposals rely on two in-depth impact assessments, drawing on stakeholder consultations, internal and external evaluations, and contributions from international experts. The assessments found that the Horizon 2020 option would bring more clarity of focus, best achieve the necessary critical mass of effort at programme and project level, and lead to the greatest impact on the policy objectives and downstream economic, competitiveness, and social benefits, while at the same time helping to simplify matters by easing the administrative burden for participants, streamlining the applicable rules and procedures, ensuring consistency between instruments and pointing to a new risk/trust balance.
LEGAL BASIS: Articles 173, 183 and the second paragraph of Article 188 TFEU.
CONTENT: the proposal lays down specific rules for the participation in indirect actions undertaken under Horizon 2020, and also lays down the rules governing the dissemination of results. The Regulation shall not apply to direct actions carried out by the Joint Research Centre (JRC).
The rules proposed were drawn up with the twofold aim of:
· ensuring a single and sufficiently flexible regulatory framework which will render participation easier, create a more coherent set of instruments covering both research and innovation and increase the scientific and economic impact while avoiding duplication and fragmentation.
· simplifying the terms and procedures from the perspective of the participants to ensure the most efficient implementation, taking into account the need for easy access for all participants.
The following new features have been introduced into the rules for participation and dissemination in order to apply the above principles and to bring the rules into line with the characteristics and objectives of the new framework programme:
· the rules will apply to all components of "Horizon 2020", including initiatives under Articles 185 and 187 TFEU, actions currently falling within the scope of the Competitiveness and Innovation Programme as well as the EIT activities. The necessary flexibility corresponding to the different nature of the research and innovation actions is ensured by appropriate derogations and by allowing to set out specific participation details in the work programmes;
· the rules for participation relating to the Union funding are based on the revised Regulation on the financial rules applicable to the annual budget of the Union which has streamlined and rendered more efficient the way in which Union policies can be implemented;
· the financial provisions relating to the Union funding in the form of grants have been clarified and simplified . Thus, they are now establishing a single funding rate depending for each type of action funded under "Horizon 2020" with no differentiation among participants. Enhanced use of lump sums, flat rates and scale of unit costs is also proposed;
· for direct costs , these rules provide for a broad acceptance of the usual accounting practices of grant beneficiaries, subject to a minimum number of boundary conditions. The grant agreement will include further simplification provisions allowing beneficiaries to gain legal certainty on the eligibility of the costs charged to actions under "Horizon 2020". Those simplification provisions will include, among others, a clear definition of the time recording requirements and objective references regarding the annual productive hours;
· for indirect costs , the calculation is radically simplified. The reimbursement involves a flat rate based on total direct eligible costs of participants with a possibility to declare costs actually incurred which is limited to non-profit legal entities;
· rules applying to the new forms of funding allow for more flexibility, such as those related to prizes to be awarded for the achievement of pre-specified targets or those related to public pre-commercial procurement and procurement of innovative solutions as well as those related to the financial instruments;
· given its demonstrated efficiency as a safeguard mechanism, the participants' Guarantee Fund set up under the Seventh Framework Programme will be renewed for the entire duration of "Horizon 2020" with clearer rules and the possibility to extend it to cover risks undertaken in actions under the EURATOM Framework Programme;
· the rules regarding intellectual property, exploitation and dissemination have been modelled on the widely acknowledged Seventh Framework Programme provisions with further improvements and clarifications: (i) specific new emphasis has been put on open access to research publications and an opening was made for experiments with open access to other results; (ii) the enlarged scope and new forms of funding as well as the need for flexibility in this area of the rules has been taken into account by the possibility to lay down additional or specific provisions where appropriate; (iii) access rights for the EU, and in the field of security research also for Member States, have been provided;
· the participation of legal entities established in third countries and of international organisations in actions under "Horizon 2020" will be streamlined and stimulated, in line with the objectives of international cooperation set out in the Treaty, based on mutual benefits and taking into account the conditions for the participation of EU entities to third countries’ programmes. Within the clear and stable framework, participants will enjoy further flexibility to determine the most appropriate internal arrangements for the implementation of their actions. This should encourage and facilitate the participation of all research stakeholders, including small research units, particularly SMEs.
BUDGETARY IMPLICATIONS: details on the budget regarding the Horizon 2020 Programme are set out in CNS/2011/0402 and COD/2011/0401 .
PURPOSE: to lay down specific rules for the participation in indirect actions undertaken under the Horizon 2020 Programme.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
BACKGROUND: designed to support the Europe 2020 Flagship Initiative " Innovation Union ", the basic principle of "Horizon 2020" is to adopt a much more strategic approach to research and innovation. All policy instruments and measures are designed to contribute to research and innovation and to develop further the European Research Area whereby knowledge, researchers and technology circulate freely, and to accelerate the commercialisation and diffusion of innovation across the Single Market.
The set consists of the proposals for:
· a Framework Programme for Horizon 2020;
· a single set of Rules for Participation and Dissemination ;
· a single specific programme to implement Horizon 2020;
· a single proposal for the parts of Horizon 2020 corresponding to the Euratom Treaty .
This proposal makes it clear that the rules for the participation and dissemination should adequately reflect the recommendations of the European Parliament, as summarised in the "Report on simplifying the implementation of the Research Framework Programmes ".
Furthermore, following extensive public consultation based on a Green Paper , "From challenges to opportunities: towards a common strategic framework for Union research and innovation funding", the following obstacles were identified to participation rules:
· the most important one from the participant's perspective is the complexity of administrative procedures along with the administrative burden;
· participants also find it very burdensome to apply different sets of rules depending on the Union research and innovation programme and they called for a greater consistency of rules between instruments;
· currently too many procedures, in particular regarding financial controls, appear to be designed exclusively to ensure a very low risk of errors, but also result in control mechanisms perceived as rigid and excessive. A risk/ trust balance is required.
IMPACT ASSESSMENT: the four proposals rely on two in-depth impact assessments, drawing on stakeholder consultations, internal and external evaluations, and contributions from international experts. The assessments found that the Horizon 2020 option would bring more clarity of focus, best achieve the necessary critical mass of effort at programme and project level, and lead to the greatest impact on the policy objectives and downstream economic, competitiveness, and social benefits, while at the same time helping to simplify matters by easing the administrative burden for participants, streamlining the applicable rules and procedures, ensuring consistency between instruments and pointing to a new risk/trust balance.
LEGAL BASIS: Articles 173, 183 and the second paragraph of Article 188 TFEU.
CONTENT: the proposal lays down specific rules for the participation in indirect actions undertaken under Horizon 2020, and also lays down the rules governing the dissemination of results. The Regulation shall not apply to direct actions carried out by the Joint Research Centre (JRC).
The rules proposed were drawn up with the twofold aim of:
· ensuring a single and sufficiently flexible regulatory framework which will render participation easier, create a more coherent set of instruments covering both research and innovation and increase the scientific and economic impact while avoiding duplication and fragmentation.
· simplifying the terms and procedures from the perspective of the participants to ensure the most efficient implementation, taking into account the need for easy access for all participants.
The following new features have been introduced into the rules for participation and dissemination in order to apply the above principles and to bring the rules into line with the characteristics and objectives of the new framework programme:
· the rules will apply to all components of "Horizon 2020", including initiatives under Articles 185 and 187 TFEU, actions currently falling within the scope of the Competitiveness and Innovation Programme as well as the EIT activities. The necessary flexibility corresponding to the different nature of the research and innovation actions is ensured by appropriate derogations and by allowing to set out specific participation details in the work programmes;
· the rules for participation relating to the Union funding are based on the revised Regulation on the financial rules applicable to the annual budget of the Union which has streamlined and rendered more efficient the way in which Union policies can be implemented;
· the financial provisions relating to the Union funding in the form of grants have been clarified and simplified . Thus, they are now establishing a single funding rate depending for each type of action funded under "Horizon 2020" with no differentiation among participants. Enhanced use of lump sums, flat rates and scale of unit costs is also proposed;
· for direct costs , these rules provide for a broad acceptance of the usual accounting practices of grant beneficiaries, subject to a minimum number of boundary conditions. The grant agreement will include further simplification provisions allowing beneficiaries to gain legal certainty on the eligibility of the costs charged to actions under "Horizon 2020". Those simplification provisions will include, among others, a clear definition of the time recording requirements and objective references regarding the annual productive hours;
· for indirect costs , the calculation is radically simplified. The reimbursement involves a flat rate based on total direct eligible costs of participants with a possibility to declare costs actually incurred which is limited to non-profit legal entities;
· rules applying to the new forms of funding allow for more flexibility, such as those related to prizes to be awarded for the achievement of pre-specified targets or those related to public pre-commercial procurement and procurement of innovative solutions as well as those related to the financial instruments;
· given its demonstrated efficiency as a safeguard mechanism, the participants' Guarantee Fund set up under the Seventh Framework Programme will be renewed for the entire duration of "Horizon 2020" with clearer rules and the possibility to extend it to cover risks undertaken in actions under the EURATOM Framework Programme;
· the rules regarding intellectual property, exploitation and dissemination have been modelled on the widely acknowledged Seventh Framework Programme provisions with further improvements and clarifications: (i) specific new emphasis has been put on open access to research publications and an opening was made for experiments with open access to other results; (ii) the enlarged scope and new forms of funding as well as the need for flexibility in this area of the rules has been taken into account by the possibility to lay down additional or specific provisions where appropriate; (iii) access rights for the EU, and in the field of security research also for Member States, have been provided;
· the participation of legal entities established in third countries and of international organisations in actions under "Horizon 2020" will be streamlined and stimulated, in line with the objectives of international cooperation set out in the Treaty, based on mutual benefits and taking into account the conditions for the participation of EU entities to third countries’ programmes. Within the clear and stable framework, participants will enjoy further flexibility to determine the most appropriate internal arrangements for the implementation of their actions. This should encourage and facilitate the participation of all research stakeholders, including small research units, particularly SMEs.
BUDGETARY IMPLICATIONS: details on the budget regarding the Horizon 2020 Programme are set out in CNS/2011/0402 and COD/2011/0401 .
Documents
- Commission response to text adopted in plenary: SP(2014)87
- Final act published in Official Journal: Regulation 2013/1290
- Final act published in Official Journal: OJ L 347 20.12.2013, p. 0081
- Draft final act: 00066/2013/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T7-0500/2013
- Debate in Parliament: Debate in Parliament
- Debate in Council: 3242
- Contribution: COM(2011)0810
- Committee report tabled for plenary, 1st reading: A7-0428/2012
- Debate in Council: 3190
- Committee opinion: PE491.282
- Committee opinion: PE492.561
- Committee opinion: PE489.623
- Amendments tabled in committee: PE492.763
- Amendments tabled in committee: PE492.788
- Amendments tabled in committee: PE492.762
- Contribution: COM(2011)0810
- Committee draft report: PE489.632
- Contribution: COM(2011)0810
- Economic and Social Committee: opinion, report: CES0806/2012
- Contribution: COM(2011)0810
- Debate in Council: 3147
- Contribution: COM(2011)0810
- Legislative proposal: COM(2011)0810
- Legislative proposal: EUR-Lex
- Document attached to the procedure: SEC(2011)1427
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2011)1428
- Legislative proposal published: COM(2011)0810
- Legislative proposal published: EUR-Lex
- Legislative proposal: COM(2011)0810 EUR-Lex
- Document attached to the procedure: SEC(2011)1427 EUR-Lex
- Document attached to the procedure: EUR-Lex SEC(2011)1428
- Economic and Social Committee: opinion, report: CES0806/2012
- Committee draft report: PE489.632
- Amendments tabled in committee: PE492.762
- Amendments tabled in committee: PE492.788
- Amendments tabled in committee: PE492.763
- Committee opinion: PE489.623
- Committee opinion: PE492.561
- Committee opinion: PE491.282
- Draft final act: 00066/2013/LEX
- Commission response to text adopted in plenary: SP(2014)87
- Contribution: COM(2011)0810
- Contribution: COM(2011)0810
- Contribution: COM(2011)0810
- Contribution: COM(2011)0810
- Contribution: COM(2011)0810
Votes
A7-0428/2012 - Christian Ehler - Résolution législative #
Amendments | Dossier |
746 |
2011/0399(COD)
2012/07/02
ITRE
283 amendments...
Amendment 109 #
Proposal for a regulation Recital 2 (2) Horizon 2020 should be implemented with a view to contributing directly to creating citizen's welfare, economic development, environmental sustainability, industrial leadership,
Amendment 110 #
Proposal for a regulation Recital 2 (2) Horizon 2020 should be implemented with a view to contributing directly to improving public well-being, ensuring social, economic and environmental sustainability and creating industrial leadership, prosperity, 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
Amendment 111 #
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.
Amendment 112 #
Proposal for a regulation Recital 2 (2) Horizon 2020 should be implemented with a view to contributing directly to creating industrial leadership, sustainable 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.
Amendment 113 #
Proposal for a regulation Recital 3 (3) Horizon 2020 should support the achievement and functioning of the European Research Area in which researchers, scientific knowledge and technology circulate freely, by strengthening cooperation both between the Union and the Member States, and among the Member States, notably through application of a coherent set of rules.
Amendment 114 #
Proposal for a regulation Recital 3 a (new) (3a) Accessibility of patent applications, standards, publications or any other dissemination tools, also in electronic form, relating to project results funded by Horizon 2020 requires the provision of accessible formats for all. Accessible formats include, but are not limited to, large print, Braille, easy-to-read text, audio, video, and electronic format.
Amendment 115 #
Proposal for a regulation Recital 3 b (new) (3b) Horizon 2020 should provide for funding to cover all the additional costs related to the participation of researchers and participants with disabilities in projects funded by Horizon 2020. All disability-related additional costs shall be eligible costs. Such costs include, but are not limited, to sign language interpretation, Braille format, live text transcription, including velotyping systems, provision of personal assistance and the use of accessible buildings for events.
Amendment 116 #
Proposal for a regulation Recital 4 a (new) (4a) In 2017 at the latest, the Commission should perform an interim evaluation of the participation rules with a view to the desired simplification of procedures and increased participation in the programmes. This should include an analysis of access to funding for participants from all regions and for SMEs and balanced participation by women and men, and the scope for further simplifications should be analysed. At the proposal of the Commission, the participation rules may if appropriate be adjusted by the legislature once during the period of application of Horizon 2020.
Amendment 117 #
Proposal for a regulation 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 118 #
Proposal for a regulation 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
Amendment 119 #
Proposal for a regulation 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
Amendment 120 #
Proposal for a regulation Recital 7 (7) Actions which fall within the scope of this Regulation should respect fundamental rights and observe the principles acknowledged in particular by the Charter of Fundamental Rights of the European Union. Such actions should be in conformity with any legal obligation and with ethical principles, which include avoiding any kind of plagiarism. Research activities should also take into account Article 13 TFEU and reduce the use of animals in research and testing, with a view ultimately to replacing animal use.
Amendment 121 #
Proposal for a regulation Recital 7 (7) Actions which fall within the scope of this Regulation should respect fundamental rights and observe the principles acknowledged in particular by the Charter of Fundamental Rights of the European Union. Such actions should be in conformity with any legal obligation
Amendment 122 #
Proposal for a regulation Recital 7 (7) Actions which fall within the scope of this Regulation sh
Amendment 123 #
Proposal for a regulation Recital 7 (7) Actions which fall within the scope of this Regulation sh
Amendment 124 #
Proposal for a regulation Recital 7 a (new) (7a) It is necessary to note the importance of a reinforced gender perspective in the design, implementation and delivery of Horizon 2020.
Amendment 125 #
Proposal for a regulation 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. By means of ensuring that funding dispersed under Horizon 2020 does not contradict core EU values, and to encourage coherence with EU foreign and development policy, specific rules are laid down applicable to third countries with reasonably grounded suspicions of human rights violations, involvement in armed conflicts or territorial conflicts.
Amendment 126 #
Proposal for a regulation 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
Amendment 127 #
Proposal for a regulation 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 128 #
Proposal for a regulation Recital 8 a (new) (8a) Rules should be defined for the establishment of public-private partnerships. The Commission will not establish any further joint undertakings under Article 187 TFEU while the establishment of public-private partnerships should be exceptional, and justified by the demonstration that no other type of financing mechanisms can deliver the same objectives.
Amendment 129 #
Proposal for a regulation Recital 9 (9) These rules for the participation and dissemination should provide a coherent, comprehensive and transparent framework to ensure the most efficient implementation possible, taking into account the need for easy access by all participants, notably small and medium-sized enterprises and Civil Society Organisations, in particular organisations of persons with disabilities, through simplified procedures. The financial assistance from the Union could be provided through different forms.
Amendment 130 #
Proposal for a regulation Recital 9 (9) These rules for the participation and dissemination should provide a coherent, comprehensive and transparent framework to ensure the most efficient implementation possible, taking into account the need for easy access by all participants, notably small and medium-sized enterprises, Civil Society Organisations, also including organisations of persons with disabilities, through simplified procedures. The financial assistance from the Union could be provided through different forms.
Amendment 131 #
Proposal for a regulation Recital 9 (9) These rules for the participation and dissemination should provide a coherent, comprehensive and transparent framework to ensure the most efficient implementation possible, taking into account the need for easy access by all participants, notably small and medium-sized enterprises, through simplified procedures. The financial assistance from the Union could be provided through different forms, but always with the aim of having the largest possible leverage effect.
Amendment 132 #
Proposal for a regulation Recital 9 (9) These rules for the participation and dissemination should provide a coherent, comprehensive and transparent framework to ensure the most efficient implementation possible, taking into account the need for easy access by all participants, notably small and medium-sized enterprises and Civil Society Organisations, through simplified procedures. The financial assistance from the Union could be provided through different forms.
Amendment 133 #
Proposal for a regulation Recital 9 (9) These rules for the participation and dissemination should provide a coherent, comprehensive and transparent framework to ensure the most efficient implementation possible, taking into account the need for easy access by all participants, notably small and medium-sized enterprises
Amendment 134 #
Proposal for a regulation Recital 9 a (new) (9a) These rules for the participation and dissemination should also take into account the specific funding needs for SMEs and Small Midcaps, in order to release their full research and innovation potential, with due regard to the specificities of different types of SMEs and different sectors. The rules of participation should in due manner facilitate the shortening of "time-to- grant" to a maximum of six months. Time to grant should be reduced, especially taking into account SME involvement. However, as already seen in the Seventh Framework Programme an attempt at this has created problems as the Commission has decided to do so during project negotiations resulting in hasty decision making especially regarding the consortium agreement with parties having compromise where in the past there was more time for open discussions amongst all concerned. Putting a maximum limit is therefore too restricting.
Amendment 135 #
Proposal for a regulation 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 136 #
Proposal for a regulation Recital 9 a (new) (9a) These participation and dissemination rules should also take into account the specific funding needs of SMEs and small mid-caps, in order to release their full research and innovation potential, with due regard for the specificities of the different types of SME and the different sectors. The participation rules should duly facilitate the shortening of the ‘time to grant’ to no more than six months.
Amendment 137 #
Proposal for a regulation Recital 9 a (new) (9 a) Access to patent applications, standards, publications or any other means of dissemination, including electronic format, relating to the results of Horizon 2020-funded research, shall be provided in formats accessible to all, including large print, Braille, easily readable text, audio, video and electronic format.
Amendment 138 #
Proposal for a regulation Recital 9 a (new) (9a) Accessibility of patent applications, standards, publications or any other dissemination tools, also in electronic form, relating to project results funded by Horizon 2020 requires the provision of accessible formats for all. Accessible formats include, but are not limited to, large print, Braille, easy-to-read text, audio, video, and electronic format.
Amendment 139 #
Proposal for a regulation Recital 9 a (new) (9a) Horizon 2020 should provide for funding to cover all the additional costs related to the participation of researchers and participants with disabilities in projects funded by Horizon 2020.
Amendment 140 #
Proposal for a regulation Recital 9 a (new) (9a) In general, the period between the deadline for the submission of project proposals and the conclusion of the grant agreement (time to grant) should not exceed six months. The Commission should set appropriate time limits for the submission of documents by the consortium.
Amendment 141 #
Proposal for a regulation Recital 9 b (new) (9b) The Commission should continue its efforts to simplify the procedures in ways made possible by the improvement of IT systems, such as the further expansion of the portal for participants as the single entry point from the publication of the calls for project proposals, followed by their submission, until implementation, for all programmes, with the aim of establishing a one-stop shop.
Amendment 142 #
Proposal for a regulation Recital 9 c (new) (9c) Synergies between the Structural Funds and Horizon 2020 should be used more than hitherto to attain the objective of spreading excellence and expanding participation. This should be done in particular by linking up-and-coming centres of excellence located in less innovative, less well-performing Member States and regions with European research partners which are world leaders.
Amendment 143 #
Proposal for a regulation Recital 11 a (new) (11 a) It would be wise progressively to introduce minimum conditions for participation obliging the Member States in which the legal entities are based to invest a minimum percentage of their GDP in RDI; this requirement will help strike a fair balance between states and encourage the legal entities to conduct cutting-edge research and aim for excellence.
Amendment 144 #
Proposal for a regulation 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
Amendment 145 #
Proposal for a regulation 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.
Amendment 146 #
Proposal for a regulation 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
Amendment 147 #
Proposal for a regulation 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
Amendment 148 #
Proposal for a regulation Recital 12 a (new) (12a) Horizon 2020 should provide for funding to cover all the additional costs related to the participation of researchers and participants with disabilities in projects funded by Horizon 2020. All disability-related additional costs shall be eligible costs. Such costs include, but are not limited, to sign language interpretation, Braille format, live text transcription, including velotyping systems, provision of personal assistance and the use of accessible buildings for events.
Amendment 149 #
Proposal for a regulation Recital 12 a (new) (12a) The cost models used shall achieve a real simplification for participants and increased participation for all beneficiaries compared to FP7. This shall be achieved through the use of simplified audit procedures, a broader acceptance of the usual accounting practices of the beneficiaries, the use of a flat rate option, adherence to the rules on state aid and by attracting co-financing from structural funds related to capacity building activities;
Amendment 150 #
Proposal for a regulation Recital 12 a (new) (12a) The Commission should take into consideration that the application of the co-financing principle may be harmful to those Member States whose public expenditure is subject to large restrictions. Their leading research centres, universities and undertakings should be supported at Union's level.
Amendment 151 #
Proposal for a regulation Recital 12 a (new) (12 a) Funding and oversight of research in the social sciences, the law and the humanities should be subject to special conditions and preferably be orientated towards disseminating the results achieved rather than other stages of the process.
Amendment 152 #
Proposal for a regulation 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 rules.
Amendment 153 #
Proposal for a regulation 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
Amendment 154 #
Proposal for a regulation Recital 13 a (new) (13a) It is appropriate to use different forms of funding, and where appropriate, combine different types of funding bodies. In particular, the financial instruments should be used in a complementary manner in cases where they help to leverage yet further private investment in research and innovation, including national and structural funds, as well as venture capital investments, for innovative companies and in particular SMEs, and where the pursued results cannot be effectively achieved by grants, and where actions primarily consist of close-to- market activities.
Amendment 155 #
Proposal for a regulation Recital 14 (14) In order to maintain a level playing field for all undertakings active in the internal market, funding provided by Horizon 2020 should be designed in accordance with State aid rules so as to ensure the effectiveness of public spending and prevent market distortions such as crowding-out of private funding, creating ineffective market structures or preserving inefficient firms. In particular, the establishment of public-private partnerships should be subject to conditions that ensure that an effective competitive environment is maintained and that ensures opportunities for new entrants to join in at any stage.
Amendment 156 #
Proposal for a regulation Recital 15 (15) Open Accessibility of all patent applications, standards, scientific publications or any other dissemination tools relating to project results funded by Horizon 2020 requires the set up of digital central repositories and the use of open digital formats. The financial interests of the Union should be protected through proportionate measures throughout the expenditure cycle.
Amendment 157 #
Proposal for a regulation Recital 15 a (new) (15a) In accordance with Regulation (EU) No XX/XX [Financial Regulation], these rules for the participation and dissemination should provide the basis for a wider acceptance of the usual accounting practices of the beneficiaries and to accept beneficiaries' own accounting practices in establishing eligible costs. For this purpose, the requirements of audit certificates, including the certificates on methodology, should be adapted appropriately. The Commission should establish to the greatest possible extent a single audit approach, leaving sufficient flexibility for the acknowledgement of common accounting practices, with due regard to nationally accepted accounting practices.
Amendment 158 #
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
Amendment 159 #
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
Amendment 160 #
Proposal for a regulation Recital 16 a (new) (16a) An EU databank should be established, in cooperation with national centres for the management of scientific research, covering the scientific disciplines and including the names of experts in those fields.
Amendment 161 #
Proposal for a regulation Recital 17 (17) In order to enhance transparency, the names of experts that
Amendment 162 #
Proposal for a regulation Recital 17 (17) In order to enhance transparency, the names of experts that have assisted the Commission or relevant funding bodies in application of this Regulation should be published. Where the publication of the name would endanger the security or integrity of the expert or would unduly prejudice his or her privacy, in exceptional cases, the Commission or funding bodies
Amendment 163 #
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
Amendment 164 #
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 conditions in the European strategic interest. It is necessary to place more emphasis on the widest possible use and dissemination of knowledge generated by the supported activities whilst recognising the importance of protecting intellectual property.
Amendment 165 #
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, and shall be in full compliance with intellectual property rights.
Amendment 166 #
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
Amendment 167 #
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.
Amendment 168 #
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.
Amendment 169 #
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 open access, dissemination or exploitation conditions in the European strategic interest.
Amendment 170 #
Proposal for a regulation Recital 19 a (new) Amendment 171 #
Proposal for a regulation Recital 19 a (new) (19a) In order to enhance transparency, steps shall be taken by the Commission or relevant funding body to disclose, upon request from EU citizens or their directly elected representatives, the details of projects undertaken under this programme.
Amendment 172 #
Proposal for a regulation Recital 19 b (new) (19b) Additional exploitation and dissemination conditions should be laid down for results concerning technologies with potential for tackling major societal challenges, for example the development into a novel medical technology (e.g. drug, diagnostic or vaccine) or technologies for fighting climate change.
Amendment 173 #
Proposal for a regulation Recital 19 b (new) (19b) All research and innovation builds on the capacity of scientists, research institutions, businesses and citizens to openly access share and use scientific information. However, intellectual property rights must be respected.
Amendment 174 #
Proposal for a regulation Recital 19 c (new) (19c) In the process of selection of proposals, the criterion of impact should include the potential extent of dissemination and public availability of research results and data, assigning priority to projects potentially entailing a wider dissemination and exploitation of results.
Amendment 175 #
Proposal for a regulation Recital 19 d (new) (19d) The setting up of patent pools should be encouraged in order to allow the sharing of patented scientific data and increase collaborative efforts and R&D cooperation on specific technological needs. This mechanism would be particularly suitable for technologies that are both complex and expensive allowing the avoidance of the blocking of research due to patent thicket situations.
Amendment 176 #
Proposal for a regulation Recital 20 a (new) (20a) Programmes aimed at increasing both current and planned innovative research should be opened up to allow nuclear research as part of their list of applicable research categories. The Eureka Eurostars Programme and the Marie Curie Actions should widen their rules of participation to allow SMEs involved in nuclear research to participate.
Amendment 177 #
Proposal for a regulation Article 1 – paragraph 1 – subparagraph 2 This Regulation also lays down the rules governing the exploitation and dissemination of results.
Amendment 178 #
Proposal for a regulation Article 1 – paragraph 3 3.
Amendment 179 #
Proposal for a regulation Article 1 – paragraph 3 3.
Amendment 180 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 a (new) (1a) 'action' means project;
Amendment 181 #
Proposal for a regulation 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
Amendment 182 #
Proposal for a regulation 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
Amendment 183 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) 'background
Amendment 184 #
Proposal for a regulation 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) necessary in order to implement the indirect action or use the results of the indirect action and (iii) identified by the
Amendment 185 #
Proposal for a regulation 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 186 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) 'background
Amendment 187 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) 'background’ means tangible resource such as prototypes, as well as any data, know-
Amendment 188 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 a (new) (4a) 'needed access' means: (a) in the context of the implementation of the action the access is needed if, without the grant of access rights, carrying out the tasks assigned to the recipient Party would be impossible, significantly delayed, or require significant additional financial or human resources. (b) in the context of the use of own results: access is needed if, without the grant of such access rights, the use of own results would be technically or legally impossible.
Amendment 189 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 a (new) (5a) 'experimental development' means the acquiring, combining, shaping and using of existing scientific, technological, business and other relevant knowledge and skills for the purpose of producing plans and arrangements or designs for new, altered or improved products, processes or services, including activities such as prototyping, experimental production, testing, demonstrating, piloting, and market replication;
Amendment 190 #
Proposal for a regulation 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) (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) (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 193 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) 'coordination and support action
Amendment 194 #
Proposal for a regulation 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 195 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) 'dissemination
Amendment 196 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) 'dissemination‘ means the public disclosure of the results by any appropriate means (other than resulting from protecting or exploiting the results), including by a publish
Amendment 197 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) 'dissemination
Amendment 198 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 a (new) (7a) 'experimental development' means the acquiring, combining, shaping and using of existing scientific, technological, business and other relevant knowledge and skills for the purpose of producing plans and arrangements or designs for new, altered or improved products, processes or services. These may also include, for example, other activities aiming at the conceptual definition, planning and documentation of new products, processes and services. The activities may comprise producing drafts, drawings, plans and other documentation, provided that they are not intended for commercial use. The development of commercially usable prototypes and pilot projects is also included where the prototype is necessarily the final commercial product and where it is too expensive to produce for it to be used only for demonstration and validation purposes. In case of a subsequent commercial use of demonstration or pilot projects, any revenue generated from such use must be deducted from the eligible costs. The experimental production and testing of products, processes and services are also eligible, provided that these cannot be used or transformed to be used in industrial applications or commercially. Experimental development does not include the routine or periodic changes made to products, production lines, manufacturing processes, existing services and other operations in progress, even if such changes may represent improvements
Amendment 199 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 a (new) (7a) ‘exploitation of results’ means direct and indirect use of results for further research work or to develop, manufacture and market a product or a procedure or to develop and provide a service, irrespective of the activities to which the indirect action relates.
Amendment 200 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 a (new) Amendment 201 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 a (new) Amendment 202 #
Proposal for a regulation 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 203 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 a (new) (7a) 'exploit/exploitation' means the direct use of results for developing, creating and marketing a product or process, or for creating and providing a service;
Amendment 204 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 b (new) (7b) 'fair and reasonable conditions' means terms, including royalty-free conditions, which take into account the specific circumstances of the request for access and/or the scope, duration or other characteristics of the use envisaged;
Amendment 205 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) 'legal entity’ means
Amendment 206 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) 'legal entity’ means undertakings, research centres
Amendment 207 #
Proposal for a regulation 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; these include non- profit and civil society organisations;
Amendment 208 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) 'legal entity’ means undertakings, research centres
Amendment 209 #
Proposal for a regulation 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 210 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) 'legal entity’ means undertakings, civil society organizations, 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 211 #
Proposal for a regulation 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 212 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 (15) 'results
Amendment 213 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 (15) 'results
Amendment 214 #
Proposal for a regulation 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 215 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 (15) 'results
Amendment 216 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 (15) 'results
Amendment 217 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 (15) 'results‘ means any data, knowledge
Amendment 218 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 (15) 'results‘ means any intangible or tangible results of the action, such as 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 219 #
Proposal for a regulation 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
Amendment 220 #
Proposal for a regulation Article 2 – paragraph 1– point 15 (15a) 'results
Amendment 221 #
Proposal for a regulation 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 222 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 a (new) (15a) 'use' means the direct or indirect utilisation of results in further research activities other than those covered by the indirect action concerned, or by exploitation, including, but not limited to, developing, creating and marketing a product or process, or for creating and providing a service;
Amendment 223 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 a (new) (15a) "SMEs" means micro, small and medium-sized enterprises within the meaning of Commission recommendation of 6 May 2003 2003/361/EC concerning the definition of micro, small and medium-sized enterprises1; __________________ 1 OJ L 124, 20.5.2003, p36
Amendment 224 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 b (new) (15b) 'sustainable open access' means that funds have been provided by Horizon 2020 grants or other funding or business models to cover the full publication cost of making free on the internet peer-reviewed scholarly articles which describe, interpret, or analyze data, knowledge or information that is generated from research funded by Horizon 2020, recognising also that the reputation of research publications themselves can sometimes be considered an endorsement of excellence and that participants in projects funded by Horizon 2020 should not be disadvantaged by being forced to publish in formats which may be considered of lesser quality.
Amendment 225 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 a (new) (17a) ‘Excellence’ is a quality assessment that refers to a research facility staffed by well trained research and scientific personnel and which ensures that the best practical solution is found to the research objective and that the maximum amount of new information is obtained at the minimum cost.
Amendment 226 #
Proposal for a regulation Article 2 – paragraph 3 3. For the purposes of this Regulation an entity which does not have legal personality under the applicable national law is assimilated to a legal entity provided that the conditions set out in Article 114(2)(a) of Regulation (EU) No XX/2012 [the Financial Regulation] and Article 174a of the implementing rules therefore are complied with.
Amendment 227 #
Proposal for a regulation Article 2 – paragraph 3 a (new) 3a. For the purposes of point (10), simplified rules shall apply for public authorities as regards legal personality.
Amendment 228 #
Proposal for a regulation Article 2 – paragraph 5a (new) 5a. The OECD definitions regarding Technological Readiness Level (TRL) will be taken into account in the classification of technological research, product development and demonstration activities.
Amendment 229 #
Proposal for a regulation 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 230 #
Proposal for a regulation 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 Union institutions and bodies and the participants in an action, taking due account of any rules regarding the protection of classified information.
Amendment 231 #
Proposal for a regulation 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 232 #
Proposal for a regulation 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
Amendment 233 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 1 – point a (a) the information concerned is relevant to public policy objectives and the promotion of public interest;
Amendment 234 #
Proposal for a regulation 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 235 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 2 In actions under the
Amendment 236 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 2 In actions under the activit
Amendment 237 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 2 In actions under the activity ‘Secure societies’ within the specific objective ‘Inclusive, innovative and secure societies’ and the activity ´Health, demographic change and wellbeing´ within the pillar ´Societal challenges´, 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.
Amendment 238 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 2 In actions under the activity
Amendment 239 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 2 In actions under the activity ‘Secure societies’ within the specific objective ‘Inclusive, innovative and secure societies’, the Commission may make available to Union institutions and bodies or Member States' national authorities any useful information
Amendment 240 #
Proposal for a regulation Article 4 – paragraph 1 a (new) Amendment 241 #
Proposal for a regulation 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
Amendment 242 #
Proposal for a regulation Article 4 a (new) Article 4a Guidance and information for potential participants 1. The Commission shall ensure that sufficient guidance and information is made available to all potential participants, in parallel with the publication of the first annual work programme of Horizon 2020. 2. The following documents shall be drawn up in close cooperation with all relevant stakeholders and adopted by the Commission by means of implementing acts in accordance with the examination procedure referred to in Article 9(2): a) rules for submission, evaluation, selection and award; b) standard model grant agreement; c) rules on audit certification. 3. Furthermore, the following guidance and information documents shall be drawn up in close cooperation with all relevant stakeholders and disseminated by the Commission appropriately: a) guidance note on drafting proposals, including detailed information on the evaluation and selection process; b) guidance note for beneficiaries; c) guide to financial issues; d) guide to intellectual property rights (IPR); e) checklist for consortium agreement. 4. The stipulations the Commission adapts in the above mentioned documents, concerning the interpretation of the rules laid down in Regulation (EU) No XX/XX [Financial Regulation] and this Regulation, shall remain valid throughout the whole duration of the programme.
Amendment 243 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1a. Activities close to market shall primarily be funded by means of financial instruments.
Amendment 244 #
Proposal for a regulation Article 6 – paragraph 1 a (new) 1a. For the purpose of calculating the size of an undertaking, the participant in an action shall be defined solely as the legal or natural person making the application, to the exclusion of its parent company, subsidiaries or foreign holdings.
Amendment 245 #
Proposal for a regulation Article 6 – paragraph 2 2. The relevant work programme
Amendment 246 #
Proposal for a regulation Article 6 – paragraph 2 2. The relevant work programme may restrict the participation in Horizon 2020 or parts thereof of legal entities established in third countries where conditions for the participation of legal entities from Member States in the third country's research and innovation programmes are considered prejudicial to the Union's interests. Additional rules on restricted access to Horizon 2020 for certain legal entities in third countries, or associated countries, are laid down in Article 6a (new)
Amendment 247 #
Proposal for a regulation Article 6 – paragraph 2 – point a (new) (a) legal entities (including any affiliated entities) whose participation, by the objectives they pursue, their place of establishment, the nature or the location of their activities, would cause the European Union to recognize as lawful or render aid or assistance in maintaining a situation created by a serious breach of international law (including international humanitarian law), where such breach has been established by a resolution of the United Nations Security Council or by a judgment or advisory opinion of the International Court of Justice;
Amendment 248 #
Proposal for a regulation Article 6 – paragraph 2 – point b (new) (b) undertakings established in a third country which promotes itself as an off- shore financial centre or in which there are no or nominal taxes, there is a lack of effective exchange of information with foreign tax authorities, there is a lack of transparency in regard to legislative, judicial or administrative provisions, or there is no requirement for a substantive local presence;
Amendment 249 #
Proposal for a regulation Article 6 – paragraph 2 – point c (new) (c) legal entities established in third countries where conditions for the participation of legal entities from Member States in the third country's research and innovation programmes are considered prejudicial to the Union's interests.
Amendment 250 #
Proposal for a regulation Article 6 – paragraph 3 3. The relevant work programme or work plan may exclude entities not able to provide satisfactory security or intellectual property protection guarantees, including as regards personnel security clearance if justified by security reasons.
Amendment 251 #
Proposal for a regulation 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 252 #
Proposal for a regulation 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 253 #
Proposal for a regulation Article 6 a (new) Article 6a Restricted access to Horizon 2020 for certain legal entities in third countries and certain associated countries Participation and cooperation with legal entities in third countries, or associated countries, involved in military or territorial conflicts, or where there are reasonably grounded suspicions of human rights violations, or violation of international humanitarian law should be restricted. The participation of such entities or associated countries is only permitted provided the following criteria are met: (a) the third country entity and the associated country shall present a report, prior to receiving funding and commencing indirect actions, detailing how funds and other support measures under Horizon 2020 does not contribute to, and are kept separate from, activities detailed in the previous paragraph. The Commission shall provide guidance with regards to the content and methodology of this report; (b) funding cannot be dispersed and indirect actions cannot commence until the Commission approves of the report and its conclusions. If it is deemed necessary the commission may carry out its own investigation or request a third party audit; (c) following the conclusion of indirect actions, or on a biannual basis with associated countries, the Commission should present an audit assessing whether funding and support measures has been properly managed; (d) publications arising following the provisions of this article should be publically available.
Amendment 254 #
Proposal for a regulation Article 8 – paragraph 1 – point a (a) at least t
Amendment 255 #
Proposal for a regulation Article 8 – paragraph 1 – point b (b) each of the t
Amendment 256 #
Proposal for a regulation Article 8 – paragraph 1 – point c (c)
Amendment 257 #
Proposal for a regulation Article 8 – paragraph 1 – point d (d)
Amendment 258 #
Proposal for a regulation Article 8 – paragraph 3 3. By way of derogation from paragraph 1, in the case of European Research Council (ERC) frontier research actions, the SME instrument, programme co-fund actions and in justified cases provided for in the work programme or work plan, such as when geographical and cultural aspects of research conducted in the field of social sciences and the humanities are of particular interest to a given Member State or associated country and not others, the minimum condition shall be the participation of one legal entity established in a Member State or associated country.
Amendment 259 #
Proposal for a regulation Article 8 – paragraph 3 3. By way of derogation from paragraph 1, in the case of European Research Council (ERC) frontier research actions, the SME instrument, actions in the area of primary agricultural production, programme co- fund actions and in justified cases provided for in the
Amendment 260 #
Proposal for a regulation Article 8 – paragraph 3 3. By way of derogation from paragraph 1, in the case of European Research Council (ERC) frontier research actions, the SME instrument, actions in the area of primary agricultural production, programme co- fund actions and in justified cases provided for in the work programme or work plan, the minimum condition shall be the participation of one legal entity established in a Member State or associated country.
Amendment 261 #
Proposal for a regulation Article 8 – paragraph 3 3. By way of derogation from paragraph 1, in the case of European Research Council (ERC) frontier research actions, the SME instrument, actions in the area of agricultural production and rural development, programme co-fund actions and in justified cases provided for in the work programme or work plan, the minimum condition shall be the participation of one legal entity established in a Member State or associated country.
Amendment 262 #
Proposal for a regulation Article 8 – paragraph 3 3. By way of derogation from paragraph 1, in the case of European Research Council (ERC) frontier research actions, the SME instrument, actions in the area of primary agricultural production, programme co- fund actions and in justified cases provided for in the work programme or work plan, the minimum condition shall be the participation of one legal entity established in a Member State or associated country.
Amendment 263 #
Proposal for a regulation Article 8 – paragraph 3 3. By way of derogation from paragraph 1, in the case of European Research Council (ERC) frontier research actions, the SME instrument, actions in the area of primary agricultural production, programme co- fund actions and in justified cases provided for in the work programme or work plan, the minimum condition shall be the participation of one legal entity established in a Member State or associated country.
Amendment 264 #
Proposal for a regulation Article 8 – paragraph 3 3. By way of derogation from paragraph 1, in the case of European Research Council (ERC) frontier research actions, the SME instrument, actions in the area of primary agricultural production, programme co- fund actions and in justified cases provided for in the work programme or work plan, the minimum condition shall be the participation of one legal entity established in a Member State or associated country.
Amendment 265 #
Proposal for a regulation 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) 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 267 #
Proposal for a regulation Article 8 – paragraph 5 5.
Amendment 268 #
Proposal for a regulation Article 8 – paragraph 5 a (new) Amendment 269 #
Proposal for a regulation 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 270 #
Proposal for a regulation 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) 2a. The fulfilment of the conditions referred to in paragraph 1 should be subject to the strict control of the Commission.
Amendment 272 #
Proposal for a regulation Article 10 – paragraph 1 Without prejudice to the other cases provided for in Regulation (EU) No XX/2012 [Financial Regulation] and in Regulation (EU) No XX/2012 [Delegated Regulation], calls for proposals shall not be issued for coordination and support actions and programme co-fund actions to be carried out by legal entities identified in the work programmes provided that the action does not fall under the scope of a call for proposals. Calls for proposals may take all forms, including open calls, which are necessary to ensure the level of flexibility imposed by the diversity of research and innovation sectors and activities, from long-term projects to short-term opportunity-seizing activities.
Amendment 273 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1a. All calls for proposals in the area of security research shall be subject to an ex- ante ethical and societal impact assessment. Calls that raise substantial ethical and/or societal impact concerns must be subject to enhanced scrutiny and control.
Amendment 274 #
Proposal for a regulation 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 275 #
Proposal for a regulation Article 10 a (new) Article 10a A simplified two-stage evaluation procedure may apply, if stated so in the work programme, provided that no prolongation of the overall evaluation period is entailed.
Amendment 276 #
Proposal for a regulation 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 277 #
Proposal for a regulation Article 11 a (new) Article 11a Time to Bid Shortening time periods for deciding on successful bids is a priority. However, depending on the nature of any specific call, due consideration shall also be given to the following: (a) clear and transparent mechanisms to develop calls on specific topics will enable a level playing field and the inclusion and growth of participation. This should, where possible, be consistent across programmes and themes; (b) reasonable advance notice of upcoming calls can allow potential participants to form bidding consortia in advance of publication of calls and thus result in higher quality bids; (c) maintaining a reasonable time period between the publication of a call and the deadline for submitting bids can result in higher quality bids and a more level playing field between participants with different degrees of administrative capacity, experience of participation in Union funded programmes, different languages and varying levels of English language skills and - call deadlines should be scheduled taking into account the full scope of Union calls and the academic and business calendar of potential participants.
Amendment 278 #
Proposal for a regulation Article 11 a (new) Article 11a Synergies with cohesion funds In order to create synergies and efficiency with the use of Cohesion policy funds dedicated to research purposes common rules for participation should be set. One single set of rules and entry point for all research funding from Union shall be established, including usage of same Participant Identification Code (PIC) and participant portal for all of Union calls and projects
Amendment 279 #
Proposal for a regulation Article 12 – paragraph 1 1.
Amendment 280 #
Proposal for a regulation Article 12 – paragraph 1 1. Where appropriate, proposals shall include a draft plan for the exploitation
Amendment 281 #
Proposal for a regulation Article 12 – paragraph 1 1.
Amendment 282 #
Proposal for a regulation Article 12 – paragraph 1 1. Where appropriate, proposals shall include a draft plan for the exploitation and dissemination of the results, including a plan for data management and sharing.
Amendment 283 #
Proposal for a regulation Article 12 – paragraph 1 a (new) 1a. Where appropriate, e.g. if it is expected that there will be a high volume of applications, the Commission may decide to use a two stage application procedure, provided that the evaluation is undertaken thoroughly in the first stage (objectives, scientific approach, competences of participants, added value of scientific collaboration and overall budget) and provided that it is not at the expense of materially longer time-to- contract or grant periods;
Amendment 284 #
Proposal for a regulation Article 12 – paragraph 1 a (new) 1a. 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.
Amendment 285 #
Proposal for a regulation Article 12 – paragraph 1 b (new) 1b. Proposals shall examine the way responsible research and innovation dimensions as set out in Article 14a of Regulation (EU) No XX/XX [Horizon 2020] are relevant and taken into account.
Amendment 286 #
Proposal for a regulation Article 12 – paragraph 2 2. Any proposal for research on human embryonic stem cells shall include, as appropriate, details of
Amendment 287 #
Proposal for a regulation Article 12 – paragraph 2 2. Any proposal for research on human embryonic stem cells shall include
Amendment 288 #
Proposal for a regulation Article 12 – paragraph 2 2. Any proposal for research on human embryonic stem cells shall include
Amendment 289 #
Proposal for a regulation Article 12 – paragraph 3 3. A proposal which contravenes ethical principles, fundamental rights or any applicable legislation, or which does not fulfil the conditions set out in Decision No XX/XX/EU [specific programme], the work programme or work plan or in the call for proposals may be excluded from the evaluation, selection and award procedures at any time.
Amendment 290 #
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.
Amendment 291 #
Proposal for a regulation Article 12 – paragraph 3 a (new) Amendment 292 #
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.
Amendment 293 #
Proposal for a regulation Article 12 – paragraph 3 a (new) Amendment 295 #
Proposal for a regulation Article 13 – paragraph 1 Amendment 296 #
Proposal for a regulation 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 297 #
Proposal for a regulation 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 EU legislation and, in the case of research carried out outside the Union,
Amendment 298 #
Proposal for a regulation Article 13 – paragraph 1 a (new) 1a. All calls for proposals in the area of security research shall be subject to an ex- ante ethical impact assessment. This review must extend beyond the narrow confines of privacy and data protection take into account the broader societal impacts of the underlying security R&D agenda. Calls that raise substantial ethical and/or societal impact concerns must be subject to enhanced scrutiny and control. In particular each project under that call will be subject to ethical review.
Amendment 299 #
Proposal for a regulation Article 13 – paragraph 1 a (new) Amendment 300 #
Proposal for a regulation Article 13 – paragraph 1 b (new) 1b. The Commission shall try to ensure that ethics reviews do not, where possible, result in undue delay in the start, continuation or completion of projects.
Amendment 301 #
Proposal for a regulation Article 13 a (new) Article 13a Gender Review The Commission shall systematically carry out gender reviews for proposals, using a template with a check list.
Amendment 302 #
Proposal for a regulation 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 303 #
Proposal for a regulation Article 14 – paragraph 1 – introductory part 1. The proposals submitted shall be evaluated on the basis of
Amendment 304 #
Proposal for a regulation Article 14 – paragraph 1 – point a a) excellence, on the basis of an evaluation of the research facilities in accordance with Article 2(1) point 17a (new);
Amendment 305 #
Proposal for a regulation Article 14 – paragraph 1 – point b b)
Amendment 306 #
Proposal for a regulation Article 14 – paragraph 1 – point c c)
Amendment 307 #
Proposal for a regulation Article 14 – paragraph 1 – point c a (new) ca) likelihood of success.
Amendment 308 #
Proposal for a regulation Article 14 – paragraph 1 – point c a (new) (ca) synergies with other public funding at national, regional and local level.
Amendment 309 #
Proposal for a regulation 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 310 #
Proposal for a regulation 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 311 #
Proposal for a regulation 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 312 #
Proposal for a regulation Article 14 – paragraph 2 Amendment 313 #
Proposal for a regulation Article 14 – paragraph 2 2. The sole criterion of excellence shall apply in the selection of the research team for proposals for ERC frontier research actions, i.e., it shall be based on the evaluation of the researchers’ access to modern research facilities, in accordance with Article 2(1) point 17a (new).
Amendment 314 #
Proposal for a regulation Article 14 – paragraph 2 a (new) 2a. Selection and award criteria should be applied without gender bias. An incentive system in support of projects with a gender and gender equality perspective should be established. The commission shall establish processes to monitor the implementation of this provision and publically disseminate its conclusions.
Amendment 315 #
Proposal for a regulation Article 14 – paragraph 2 a (new) 2a. The criterion of impact shall include the potential extent of dissemination and public availability of research results and data, assigning priority to projects potentially entailing a wider dissemination and exploitation of results.
Amendment 316 #
Proposal for a regulation Article 14 – paragraph 2 a (new) 2a. The criterion of impact shall be given the highest weighting for proposals under priority « Industrial Leadership ».
Amendment 317 #
Proposal for a regulation 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 weightings and thresholds. Gender balance shall furthermore be established as one criterion of the work programmes.
Amendment 318 #
Proposal for a regulation 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 319 #
Proposal for a regulation Article 14 – paragraph 3 a (new) 3a. The Commission shall adopt and publish rules governing the procedure for the submission of proposals, as well as the related evaluation, selection and award procedures, and publish guides for applicants including guidelines for evaluators. In particular, it shall lay down detailed rules for the two-stage submission procedure – including as regards the scope and nature of the first- stage proposal as well as those of the complete second-stage proposal – and rules for the two-step evaluation procedure.
Amendment 320 #
Proposal for a regulation 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 321 #
Proposal for a regulation Article 14 – paragraph 3 a (new) Amendment 322 #
Proposal for a regulation Article 14 – paragraph 3 a (new) 3a. Where appropriate, the potential of a proposal to foster international cooperation on key topics such as standardization shall be taken into account in the evaluation procedure.
Amendment 323 #
Proposal for a regulation Article 14 – paragraph 3 a (new) 3a. Submission in a language other than English must not place applicants at a disadvantage in the evaluation procedure.
Amendment 324 #
Proposal for a regulation Article 14 – paragraph 4 4. Proposals shall be ranked according to the evaluation results
Amendment 325 #
Proposal for a regulation Article 14 – paragraph 4 4. Proposals shall be ranked according to the evaluation results. The selection shall be made on the basis of this ranking. Where two or more proposals are deemed to be equal based on the criteria set out in paragraphs 1 and 2, the Commission shall take into account value for money as a further criterion.
Amendment 326 #
Proposal for a regulation Article 14 – paragraph 4 a (new) 4a. Calls for proposals shall primarily implement a two-stage submission procedure, in accordance with the provisions of Regulation (EU) No XX/2012 [the Financial Regulation] and its Implementing Rules.
Amendment 327 #
Proposal for a regulation Article 14 – paragraph 5 5.
Amendment 328 #
Proposal for a regulation 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 65
Amendment 329 #
Proposal for a regulation Article 14 – paragraph 5 5. The Commission or the relevant funding body shall verify the financial capacity in advance
Amendment 330 #
Proposal for a regulation Article 14 – paragraph 5 – subparagraph 1 a (new) Where the potential SME coordinator does not meet all financial criteria the Participant Guarantee Fund as outlined in Article 32 of this Regulation may cover the risk.
Amendment 331 #
Proposal for a regulation 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 332 #
Proposal for a regulation 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 333 #
Proposal for a regulation Article 14 – paragraph 6 a (new) 6a. In the financial validation stage of the procedure, SMEs in certain sectors focussed on research rather than profit generation should not have to produce evidence of operational turnover in previous years in order to qualify for funding.
Amendment 334 #
Proposal for a regulation 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 335 #
Proposal for a regulation 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 336 #
Proposal for a regulation Article 15 – paragraph 1 1. The Commission or the relevant funding body shall provide a
Amendment 337 #
Proposal for a regulation Article 15 – paragraph 3 3. The Commission or the relevant funding body shall be responsible for the examination of this request.
Amendment 338 #
Proposal for a regulation Article 15 – paragraph 3 3. The Commission or the relevant funding body shall be responsible for the examination of this request. This examination shall only cover the procedural aspects of the evaluation, and
Amendment 339 #
Proposal for a regulation Article 15 – paragraph 3 a (new) 3a. Where Horizon 2020 subsidy projects are resubmitted, the Commission, before the evaluation, shall make available to the new evaluation panel the project application previously submitted and the accompanying Evaluation Summary Report (ESR). The Commission – with due regard for technical and scientific developments – shall ensure that there is no inconsistency between the findings in the old and new project ESRs.
Amendment 340 #
Proposal for a regulation Article 15 – paragraph 4 – introductory part 4. An evaluation review committee composed of Commission staff or of the relevant funding body staff shall provide an opinion on the procedural aspects of the evaluation process. It shall be chaired by an official of the Commission or of the relevant funding body, from a department other than the one responsible for the call for proposals; the committee shall select an independent expert from the database referred to in Article 37 of this regulation; the expert shall give an opinion on whether to examine the proposal under consideration on its merits, the final decision shall, however, be taken by the committee Chair. The committee may recommend one of the following:
Amendment 341 #
Proposal for a regulation Article 15 – paragraph 4 – introductory part 4. An evaluation review committee composed of Commission staff or of the relevant funding body staff shall provide a
Amendment 342 #
Proposal for a regulation Article 15 – paragraph 4 – point a (a) re-evaluation of the proposal by evaluators not involved in the previous evaluation;
Amendment 343 #
Proposal for a regulation 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 date when the Commission or the relevant funding body receives the request for the review.
Amendment 344 #
Proposal for a regulation 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 345 #
Proposal for a regulation Article 15 a (new) Article 15a Redress The Commission shall set up a formal complaints procedure for participants, which may include appointing an ombudsman specifically dedicated to research and innovation projects under Horizon 2020. The Commission shall ensure that participants are aware of all complaints/redress procedures available to them by publishing details of the redress/complaints procedures on all correspondence with participants or applicants. The procedure shall be transparent and the results and decision- making process shall be made available to participants. Participants shall be allowed to register complaints concerning any area of their involvement in Horizon 2020. The complaints procedure shall not be limited to procedural aspects of the evaluation of proposals. The Commission shall respond to complaints within 30 days of receiving them with a preliminary decision. In line with Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters and European Parliament resolution of 13 September 2011 on the implementation of the directive on mediation in the Member States, its impact on mediation and its take-up by the courts 1, when a complaint cannot satisfactorily be solved through the Commission's internal formal complaint handling procedure (the ombudsman or equivalent body), the European Commission and the participants may agree to attempt to resolve the dispute through a mediation process in accordance with the rules of a Mediation Centre procedure. The Mediation Centre shall be agreed beforehand by the Commission and the participant(s) or with a list of mediation centres accepted by the Commission. The Commission shall set aside 0.5% of the Horizon 2020 budget for projects which are initially unsuccessful and which, following the redress procedure, are positively evaluated. __________________ 1 Texts adopted, P7_TA(2011)0361.
Amendment 346 #
Proposal for a regulation 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) -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 348 #
Proposal for a regulation Article 16 – paragraph 1 1. The Commission or the relevant funding body shall enter into a grant agreement with the participants. The Commission shall draw up, in close consultation with the Member States, a model agreement in accordance with this Regulation.
Amendment 349 #
Proposal for a regulation Article 16 – paragraph 1 a (new) 1a. The Commission or the funding body concerned shall ensure that the period between the deadline for submission of proposals and the signature of the grant agreement or the taking of the grant decision is limited to a maximum of six months. The period may be extended in justified exceptional cases. Together with its acknowledgement of receipt of project proposals, the Commission should communicate an indicative timetable for the main stages of the procedure until signature of the agreement.
Amendment 350 #
Proposal for a regulation 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 351 #
Proposal for a regulation Article 16 – paragraph 2 2.
Amendment 352 #
Proposal for a regulation Article 16 – paragraph 2 2. The grant agreement shall establish the rights and obligations of the participants
Amendment 353 #
Proposal for a regulation Article 16 – paragraph 2 2. The grant agreement shall establish the rights and obligations of the participants
Amendment 354 #
Proposal for a regulation Article 16 – paragraph 3 3.
Amendment 355 #
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.
Amendment 356 #
Proposal for a regulation Article 16 – paragraph 4 4. The grant agreement shall, where
Amendment 357 #
Proposal for a regulation 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. It will in particular include activities to promote the balanced representation of men and women in research teams and to ensure an adequate integration of the gender perspective in research content.
Amendment 358 #
Proposal for a regulation Article 16 – paragraph 4 4. The grant agreement shall, where
Amendment 359 #
Proposal for a regulation Article 16 – paragraph 4 a (new) 4a. The Commission or the relevant funding body shall ensure that for grant agreements resulting from calls under the dedicated SME instrument the time between the deadline for proposals as established by the individual calls for proposals and the signature of the grant agreement, or where applicable the grant decision, shall be limited to a maximum period of five months.
Amendment 360 #
Proposal for a regulation Article 16 – paragraph 4 a (new) 4a. 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 through socially responsible licensing strategies.
Amendment 361 #
Proposal for a regulation Article 16 – paragraph 5 5. The grant agreement shall, where appropriate and in any case for all projects in the area of security research, contain provisions ensuring the respect of ethical principles, including the establishment of an independent ethics board and the right of the Commission to carry out an ethics audit.
Amendment 362 #
Proposal for a regulation Article 16 – paragraph 5 5. The grant agreement shall, where appropriate, contain provisions ensuring the respect of ethical principles and fundamental rights, including the establishment of an independent ethics board and the right of the Commission to
Amendment 363 #
Proposal for a regulation Article 16 – paragraph 6 6.
Amendment 364 #
Proposal for a regulation Article 16 a (new) Article 16a Time to grant The Commission or the relevant funding body shall ensure that the time between the deadline for proposals as established by the individual calls for proposals and the signature of the grant agreement, or where applicable the grant decision, shall as a general rule be limited to four months, with a possibility to extend the time to signature of the grant agreement up to maximum period of six months
Amendment 365 #
Proposal for a regulation Article 16 a (new) Article 16a If the research is performed in a field relevant to public health, the grant agreement shall include provisions to promote access to the research results for both citizens and non-citizens of the Union by means of socially responsible technology transfer strategies.
Amendment 366 #
Proposal for a regulation Article 17 – paragraph 1 a (new) 1a. The Commission or the relevant funding body shall ensure that the time between the deadline for proposals as established by the individual calls for proposals and the signature of the grant agreement, or where applicable the grant decision, shall be limited to a maximum period of six months. Due to the complexity of certain consortia, at least four months of this period should be given to participants to accept the grant offer. The period may be extended by one month in exceptional cases.
Amendment 367 #
Proposal for a regulation Article 17 a (new) Amendment 368 #
Proposal for a regulation Article 17 a (new) Article 17a Time to Grant The Commission or the relevant funding body shall ensure that the time between the deadline for proposals as established by the individual calls for proposals and the signature of the grant agreement, or where applicable the grant decision, shall be limited to a maximum period of six months. A prolongation by one additional month may be applied in exceptional cases. Consequences for both the Commission and participants should be provided. For example after the period of six months the Commission will be obliged to stipulate the grant agreement and the participant in good faith will be able to start the implementation of the research.
Amendment 369 #
Proposal for a regulation Article 17 b (new) Amendment 370 #
Proposal for a regulation Article 17 c (new) Article 17c Communications 1. The ethics approval process shall be transparent to participants and to applicants, especially when this process is the source of a delay in the initiation of projects. Information that has already been submitted in the bid should not need to be re-drafted for the ethical approval. Where possible, the Commission shall use all the information that has already been submitted by the applicant(s) in the bid in order to make its approval and shall only ask for additional information where it can prove that this information is absolutely necessary. 2. Participants shall be able to communicate directly with project officers in cases where they have repeated concerns regarding the management of a project or the actions of the project coordinator. If the project officer is absent, he/she shall ensure that participants have the contact details for his/her deputy, who should be able to make decisions in the project officer's absence. Contact details for the relevant Commission officials must be made available and made known to participants. 3. At the request of participants, and to enable them to prepare for future bids, the Commission shall give feedback to applicants on unsuccessful bids including the strengths and weaknesses as considered by the independent experts referred to in Article 37 of the Regulation.
Amendment 371 #
Proposal for a regulation Article 18 – paragraph 1 The Commission or the relevant funding body
Amendment 372 #
Proposal for a regulation Article 18 – paragraph 1 The Commission
Amendment 373 #
Proposal for a regulation Article 18 – paragraph 1 The Commission
Amendment 374 #
Proposal for a regulation Article 18 – paragraph 1 The Commission or the relevant funding body
Amendment 375 #
Proposal for a regulation 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 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 377 #
Proposal for a regulation 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
Amendment 378 #
Proposal for a regulation 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
Amendment 379 #
Proposal for a regulation Article 19 – paragraph 2 2. Participants shall make no commitments
Amendment 380 #
Proposal for a regulation 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 381 #
Proposal for a regulation 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 382 #
Proposal for a regulation 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
Amendment 383 #
Proposal for a regulation 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 384 #
Proposal for a regulation Article 19 – paragraph 5 – subparagraph 1 Amendment 385 #
Proposal for a regulation 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 386 #
Proposal for a regulation Article 19 – paragraph 9 9. Participants shall comply with national legislation, regulations
Amendment 387 #
Proposal for a regulation Article 20 – paragraph 1 1. The members of any consortium wishing to participate in an action shall appoint one of them to act as coordinator which shall be identified in the grant agreement. The coordinator shall be the mandatory contact between the members of consortium, represent the consortium in relations with the Commission or the relevant funding body and monitor the compliance by members of consortium with their obligations under the grant agreement.
Amendment 388 #
Proposal for a regulation Article 20 – paragraph 1 1. The members of any consortium wishing to participate in an action shall appoint one of them to act as coordinator which shall be identified in the grant agreement. The coordinator shall be the principal point of contact between members of the consortium, represent the consortium in its dealings with the Commission or the financial bodies concerned and monitor compliance by members of the consortium with their obligations under the grant agreement.
Amendment 389 #
Proposal for a regulation Article 20 – paragraph 2 2. The members of a consortium participating in an action shall conclude an internal agreement
Amendment 390 #
Proposal for a regulation Article 20 – paragraph 2 a (new) 2a. The Commission shall publish, together with the invitation to submit project proposals, guidelines concerning the principal issues which participants can deal with in their consortium agreements.
Amendment 391 #
Proposal for a regulation Article 20 – paragraph 3 3. The consortium may propose to add or remove a participant or change a coordinator in accordance with the respective provisions of the grant agreement and the consortium agreement, provided that this change is in conformity with the
source: PE-492.762
2012/07/03
ITRE
375 amendments...
Amendment 392 #
Proposal for a regulation Article 22 – paragraph 2 Amendment 393 #
Proposal for a regulation Article 22 – paragraph 2 – point a Amendment 394 #
Proposal for a regulation Article 22 – paragraph 2 – point b Amendment 395 #
Proposal for a regulation Article 22 – paragraph 2 – point c Amendment 396 #
Proposal for a regulation Article 22 – paragraph 3 Amendment 397 #
Proposal for a regulation Article 22 – paragraph 3 Amendment 398 #
Proposal for a regulation Article 22 – paragraph 3 Amendment 399 #
Proposal for a regulation Article 22 – paragraph 3 3.
Amendment 400 #
Proposal for a regulation Article 22 – paragraph 3 3.
Amendment 401 #
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.
Amendment 402 #
Proposal for a regulation Article 22 – paragraph 3 3. A
Amendment 403 #
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. Eligible costs may also include management costs. The maximum rate shall be fixed in the work programme or work plan.
Amendment 404 #
Proposal for a regulation Article 22 – paragraph 3 3.
Amendment 405 #
Proposal for a regulation Article 22 – paragraph 3 3. A single reimbursement rate per activity within one project of the eligible costs shall be applied
Amendment 406 #
Proposal for a regulation Article 22 – paragraph 3 3.
Amendment 407 #
Proposal for a regulation Article 22 – paragraph 3 – table (new) Type of activity Method of cost Type of participant calculation University/ Industry RTOs/ Other direct costs + Research & Development 100% + 20% 100% + 20% flat rate full costs 75% - direct costs + Experimental Development 100% + 20% 70% + 20% flat rate full costs 75% -
Amendment 408 #
Proposal for a regulation Article 22 – paragraph 3 3.
Amendment 409 #
Proposal for a regulation Article 22 – paragraph 3 – table (new) Type of Type of activity Method of cost participant calculation University/ RTOs / Industry SME/ Other direct costs + 100% + 20% 70% + 20% Research & flat rate Development 70% full costs 50% direct costs + 100% + 20% 50% + 20% Close-to-market flat rate 70% full costs 35% Or. en (See AM 13)
Amendment 410 #
Proposal for a regulation Article 22 – paragraph 3 3.
Amendment 411 #
Type of Method of cost Type of activity calculation participant University/ SME Industry RTOs/ Other Research & total eligible 100% + 20% 100% + 20% 70% + 20% Development costs + flat rate full costs 70% 70% 50% Experimental total eligible 100%+20% 70% + 20% 30% + 20% Development costs + flat rate full costs 70% 50% 35%
Amendment 412 #
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
Amendment 413 #
Proposal for a regulation Article 22 – paragraph 3 – table (new) Type of Method of Cost All Participants: Activity Calculation Universities, RTOs/Other, SME and Industry Research Total direct 100% + 30% eligible costs+flat rate Activities Total direct 70% + 40% foreseen at art eligible costs+flat 22 § 5 rate
Amendment 414 #
Proposal for a regulation 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 415 #
Proposal for a regulation Article 22 – paragraph 3 a (new) 3a. The Following single reimbursement rate of the eligible costs shall be applied per action for all activities funded therein, including an option for reimbursement on full-cost basis:
Amendment 416 #
Proposal for a regulation Article 22 – paragraph 3 b (new) Method of cost Type of activity single rate for all participants calculation Research & direct costs + 100% + 20% Development flat rate full costs 70% direct costs + Close-to-market 70% + 20% flat rate full costs 70%
Amendment 417 #
Proposal for a regulation Article 22 – paragraph 3 – subparagraph 1 (new) Eligible costs shall be composed of costs attributable directly to the action, hereinafter 'direct eligible costs' and, where applicable, of costs which are not attributable directly to the action, but which have been incurred in direct relationship with the direct eligible costs attributed to the action, hereinafter 'indirect eligible costs'.
Amendment 418 #
Proposal for a regulation Article 22 – paragraph 4 Amendment 419 #
Proposal for a regulation Article 22 – paragraph 4 Amendment 420 #
Proposal for a regulation Article 22 – paragraph 4 Amendment 421 #
Proposal for a regulation Article 22 – paragraph 4 4. The Horizon 2020 grant may reach a maximum of 100 % of the total eligible costs for research and development activities for all participants and for Experimental Development activities for universities, RTOs and publically-funded institutions and bodies, without prejudice to the co-financing principle.
Amendment 422 #
Proposal for a regulation Article 22 – paragraph 4 4. The Horizon 2020 grant may reach a maximum of 100 % of the total eligible costs,
Amendment 423 #
Proposal for a regulation Article 22 – paragraph 4 4. The Horizon 2020 grant may reach a maximum of
Amendment 424 #
Proposal for a regulation Article 22 – paragraph 4 4. The Horizon 2020 grant may reach a
Amendment 425 #
Proposal for a regulation Article 22 – paragraph 4 4.
Amendment 426 #
Proposal for a regulation Article 22 – paragraph 4 4. The Horizon 2020 grant
Amendment 427 #
Proposal for a regulation Article 22 – paragraph 4 4. The Horizon 2020 grant
Amendment 428 #
Proposal for a regulation Article 22 – paragraph 5 Amendment 429 #
Proposal for a regulation Article 22 – paragraph 5 Amendment 430 #
Proposal for a regulation Article 22 – paragraph 5 Amendment 431 #
Proposal for a regulation Article 22 – paragraph 5 Amendment 432 #
Proposal for a regulation Article 22 – paragraph 5 – introductory part 5. The Horizon 2020 grant shall be limited to a maximum of 70 % of the total eligible costs for
Amendment 433 #
Proposal for a regulation Article 22 – paragraph 5 – introductory part 5.
Amendment 434 #
Proposal for a regulation Article 22 – paragraph 5 – introductory part 5.
Amendment 435 #
Proposal for a regulation Article 22 – paragraph 5 – introductory part 5. The Horizon 2020 grant shall be limited to a maximum of 70 % of the total eligible costs for the following acti
Amendment 436 #
Proposal for a regulation Article 22 – paragraph 5 – introductory part 5. The Horizon 2020 grant shall be limited to a maximum of
Amendment 437 #
Proposal for a regulation Article 22 – paragraph 5 – introductory part 5. The Horizon 2020 grant shall
Amendment 438 #
Proposal for a regulation Article 22 – paragraph 5 – point a Amendment 439 #
Proposal for a regulation Article 22 – paragraph 5 – point a Amendment 440 #
Proposal for a regulation Article 22 – paragraph 5 – point a Amendment 441 #
Proposal for a regulation Article 22 – paragraph 5 – point a Amendment 442 #
Proposal for a regulation Article 22 – paragraph 5 – point a (a) actions
Amendment 443 #
Proposal for a regulation Article 22 – paragraph 5 – point a (a) actions primarily consisting of activities such as prototyping, testing, demonstrating,
Amendment 444 #
Proposal for a regulation Article 22 – paragraph 5 – point a (a) acti
Amendment 445 #
Proposal for a regulation Article 22 – paragraph 5 – point b Amendment 446 #
Proposal for a regulation Article 22 – paragraph 5 – point b Amendment 447 #
Proposal for a regulation Article 22 – paragraph 5 – point b Amendment 448 #
Proposal for a regulation Article 22 – paragraph 5 – point b (b) programme co-fund actions. When provided for in the work programme, it is possible to accumulate funding from various Union funds, and the cohesion policy in particular.
Amendment 449 #
Proposal for a regulation Article 22 – paragraph 5 a (new) 5a. By way of derogation from paragraph 5, actions in the area of primary agricultural production shall benefit from grants covering 100% of the total eligible costs.
Amendment 450 #
Proposal for a regulation Article 22 – paragraph 5 a (new) 5a. By way of derogation from paragraph 5, demonstration, experimental and pilot projects as well as innovative actions with positive impact on the environment in the area of primary agricultural production shall benefit from grants of 100% of the total eligible costs.
Amendment 451 #
Proposal for a regulation Article 22 – paragraph 5 a (new) 5a. By way of derogation from paragraph 5, actions in the area of primary agricultural production may benefit from grants reaching a maximum of 100% of the total eligible costs.
Amendment 452 #
Proposal for a regulation Article 22 – paragraph 5 a (new) 5a. By way of derogation from paragraph 5, actions in the area of primary agricultural production will benefit from grants covering maximum 100% of the total eligible costs.
Amendment 453 #
Proposal for a regulation Article 22 – paragraph 5 a (new) 5a. The choice of the reimbursement rate applies to all actions, in all calls of Horizon 2020 and equally to all participants in an action. The reimbursement rates for actions mixing research and activities mentioned in Article 22 5(a) and 5(b), shall be determined by the nature of each activity as defined in each work package.
Amendment 454 #
Proposal for a regulation Article 22 – paragraph 5 a (new) 5a. The reimbursement of full management activities', such as coordination, logistic, organization, management advise and supervision shall be identified in a specific work package and considered as direct costs and it is submitted to the rules applied for actions for which they have been incurred either at a maximum of 100% or up to 70%. The amount of this work package for the management costs shall not exceed 7% of the overall budget dedicated to the action.
Amendment 455 #
Proposal for a regulation Article 22 – paragraph 5 a (new) 5a. Concerning programme cofunding actions, the applicable rate is set out in the work programme. For the purposes of this Regulation and in accordance with Article [119] of Regulation (EU) No XX/XX [the Financial Regulation], co- funding may take the form of cumulative financing from separate budget lines in justified cases provided for in the work programme, without prejudice to the avoidance of double-funding of the same cost item.
Amendment 456 #
Proposal for a regulation Article 22 – paragraph 5 a (new) 5a. Regarding the costs of management, dissemination and coordination activities, the coordinating participant shall receive a maximum flat rate of 7% of eligible direct costs to cover the costs of management and coordination activities. The Commission shall establish a digressive scale for those costs so that the flat rate is inversely proportionate to the total cost of the action.
Amendment 457 #
Proposal for a regulation Article 22 – paragraph 5 a (new) 5a. All management costs (coordination, logistics, organisation, management consulting and supervision) shall constitute a specific component and shall be reimbursed at the same rate as the direct costs of the relevant action. Reimbursement of such costs shall not exceed 7% of the total budget for the action.
Amendment 458 #
Proposal for a regulation Article 22 – paragraph 5 a (new) Amendment 459 #
Proposal for a regulation Article 22 – paragraph 5 a (new) Amendment 460 #
Proposal for a regulation Article 22 – paragraph 5 a (new) 5a. The costs incurred by the project coordinator in coordinating Horizon 2020 projects shall be fully reimbursed up to a ceiling of 5% of the total direct project costs. The costs of dissemination of project results shall be reimbursed in full.
Amendment 461 #
Proposal for a regulation Article 22 – paragraph 5 a (new) 5a. By way of derogation from paragraph 5, actions in the area of agricultural production and rural development linked to the production of public goods involving prototyping, testing, demonstrating, experimental development, piloting and market replication, shall benefit from grants covering 100% of the eligible costs
Amendment 462 #
Proposal for a regulation Article 22 – paragraph 5 a (new) 5a. Universities, RTOs and publically- funded institutions and bodies may decide to use full cost accounting, in which case the Horizon 2020 grant shall be limited to a maximum of 75% of full costs for all types of activities.
Amendment 463 #
Proposal for a regulation Article 22 – paragraph 6 Amendment 464 #
Proposal for a regulation Article 22 – paragraph 6 Amendment 465 #
Proposal for a regulation Article 22 – paragraph 6 a (new) 6a. To cover costs for the management and coordination of the action, each action shall receive an additional lump sum corresponding to 5% 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. This lump sum is to be managed at the discretion of the consortium.
Amendment 466 #
Proposal for a regulation Article 22 – paragraph 6 a (new) 6a. Regarding the validation process that is used to validate and verify the type of participant, the records of the Unique Registration facility, including the Participation Identification code shall be used to the greatest possible extent. For entities that have been validated in previous framework programmes, no repeated validations shall be necessary, unless the entity's legal nature has changed or, in case of SMEs, a company has exceeded the requirements of the SME definition.
Amendment 467 #
Proposal for a regulation Article 22 – paragraph 6 a (new) 6a. Costs arising from the coordination of consortia may be reimbursed at an additional flat rate of 7% of the total eligible costs of the project.
Amendment 468 #
Proposal for a regulation Article 22 – paragraph 6 a (new) 6a. In cases where projects are completed under-budget or money allocated to a project has not been spent, the Commission shall provide the appropriate means to allow money to be returned to the Horizon 2020 budget.
Amendment 469 #
Proposal for a regulation 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 470 #
Proposal for a regulation 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 471 #
Proposal for a regulation Article 23 – paragraph 1 1.
Amendment 472 #
Proposal for a regulation Article 23 – paragraph 1 1. Conditions for eligibility of costs are defined in Article X of Regulation (EU) No xx [the Financial Regulation/Delegated Regulation]. Costs incurred by third parties under the action may be eligible according to the provisions of this Regulation and of the grant agreement. Costs associated with the use of internal or shared facilities, equipment and services may also be eligible according to the provisions of this Regulation and of the grant agreement.
Amendment 473 #
Proposal for a regulation 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 474 #
Proposal for a regulation Article 23 – paragraph 1 a (new) 1a. Relevant project costs relating to the procurement of equipment, materials or (other) capital goods required for the implementation of projects shall be eligible for subsidies from the first day of the month following the formal deadline for submitting project applications.
Amendment 475 #
Proposal for a regulation Article 23 – paragraph 2 a (new) 2a. Value added tax (VAT) shall be considered as eligible cost if the beneficiary can not be reimbursed according to the national legislation.
Amendment 476 #
Proposal for a regulation Article 23 – paragraph 2 a (new) 2a. Value-added tax ('VAT') that is paid by, and that cannot be refunded to, the beneficiary according to the applicable national legislation, shall be considered as eligible costs as well as duties of the airport taxes, all taxes and charges related to personnel. As an exception, consultants' costs may be considered as personnel costs if the conditions established in the model grant agreement are fulfilled.
Amendment 477 #
Proposal for a regulation Article 23 – paragraph 2 a (new) 2a. Costs enabling a better reconciliation of private and professional live, or that make the participation of women researchers during the project lifecycle easier, shall be eligible without any lowering of the total eligible costs.
Amendment 478 #
Proposal for a regulation Article 23 – paragraph 2 a (new) 2a. Costs enabling a better reconciliation of private and professional live or facilitating the participation of women researchers during the project lifecycle shall be eligible without reducing the total of eligible costs.
Amendment 479 #
Proposal for a regulation Article 23 – paragraph 2 a (new) 2a. Value-added tax ('VAT') that is paid by, and that cannot be refunded to, the beneficiary according to the applicable national legislation, shall be considered as eligible costs.
Amendment 480 #
Proposal for a regulation Article 23 – paragraph 2 a (new) 2a. Value added tax ('VAT') and any other indirect tax paid by, and which cannot be refunded to, the beneficiary according to the applicable national legislation, shall be considered as eligible costs
Amendment 481 #
Proposal for a regulation 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 482 #
Proposal for a regulation Article 23 – paragraph 2 a (new) 2a. Where publications resulting from Horizon 2020 are to be published in an open access, free-to-read format, the cost of publishing may be determined as an eligible cost.
Amendment 483 #
Proposal for a regulation 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 Direct costs Direct costs shall be determined according to the participant's usual cost accounting practices.
Amendment 485 #
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 parties. Such a flat rate shall increase to 40% in case of actions primarily consisting of those activities mentioned in Article 22(5).
Amendment 486 #
Proposal for a regulation Article 24 – paragraph 1 1. Indirect eligible costs shall be determined by
Amendment 487 #
Proposal for a regulation Article 24 – paragraph 1 1. Indirect eligible costs shall be determined b
Amendment 488 #
Proposal for a regulation Article 24 – paragraph 1 1. Indirect eligible costs shall be
Amendment 489 #
Proposal for a regulation Article 24 – paragraph 1 1. Indirect eligible costs shall be determined by applying a flat rate of
Amendment 490 #
Proposal for a regulation Article 24 – paragraph 1 1. Indirect eligible costs shall be determined by applying a flat rate of
Amendment 491 #
Proposal for a regulation Article 24 – paragraph 1 1. Indirect eligible costs shall be determined by applying a flat rate of
Amendment 492 #
Proposal for a regulation Article 24 – paragraph 1 1. Indirect eligible costs shall be determined by applying a flat rate of
Amendment 493 #
Proposal for a regulation Article 24 – paragraph 1 1. Indirect eligible costs shall be determined by applying a flat rate of
Amendment 494 #
Proposal for a regulation Article 24 – paragraph 1 a (new) 1a. Alternatively to paragraph 1, a beneficiary may opt to determine its indirect eligible costs based on indirect costs that are actually incurred in direct relationship with the eligible costs attributed to the project, according to the beneficiary's usual cost accounting practices. In this case the reimbursement rates for full costs calculation stipulated in Article 22(3) shall apply.
Amendment 495 #
Proposal for a regulation Article 24 – paragraph 1 a (new) 1a. Alternatively to paragraph 1, a beneficiary may opt to determine its indirect eligible costs based on indirect costs that actually incurred in direct relationship with the eligible direct costs attributed to the project, according to the beneficiary's usual cost accounting practices. Consequently, the reimbursement rates as indicated in Article 22(3) will be applied
Amendment 496 #
Proposal for a regulation 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 497 #
Proposal for a regulation Article 24 – paragraph 1 a (new) 1a. Alternatively a beneficiary may opt to determine indirect eligible costs by applying a flat rate of 30% 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 498 #
Proposal for a regulation Article 24 – paragraph 1 a (new) 1a. For the actions mentioned in Article 22(5), indirect costs shall be reimbursed by applying a flat rate of 40% of the total direct eligible costs, excluding 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 499 #
Proposal for a regulation Article 24 – paragraph 1 a (new) 1a. By way of derogation from paragraph 1, a participant may alternatively also claim indirect eligible costs using the usual cost accounting practices (full costs calculation).
Amendment 500 #
Proposal for a regulation Article 24 – paragraph 2 2. By way of derogation from paragraph 1 and 1a, indirect costs may be declared in the form of a lump sum or scale of unit costs when provided for in the work programme or work plan.
Amendment 501 #
Proposal for a regulation Article 24 – paragraph 2 a (new) 2a. By way of derogation from paragraph 1, indirect eligible costs shall for SMEs and non-profit legal entities be determined by applying a flat rate of 35% 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 502 #
Proposal for a regulation 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 503 #
Proposal for a regulation Article 24 a (new) Article 24a Total cost accounting Project participants that have an analytical accounting system, and are thus in a position to also allocate the share of indirect costs to the project, may charge both their direct and indirect costs on the basis of costs actually incurred. Reimbursement must be reasonable. The Union’s contribution in this case for the measures referred to Article 22(4) shall amount to 75% of the total eligible costs for universities, research institutions, non-profit organisations and SMEs, and up to 50% for other participants.
Amendment 504 #
Proposal for a regulation Article 25 – title Amendment 505 #
Proposal for a regulation 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. The amount eligible for reimbursement per hour actually worked by the persons directly carrying out work under the action shall be the same for all Member States and shall be established by the Commission.
Amendment 506 #
Proposal for a regulation 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 507 #
Proposal for a regulation 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
Amendment 508 #
Proposal for a regulation Article 25 – paragraph 1 1. Eligible personnel costs shall only cover the actual hours worked by the persons
Amendment 509 #
Proposal for a regulation Article 25 – paragraph 1 1. Eligible personnel costs shall
Amendment 510 #
Proposal for a regulation Article 25 – paragraph 2 2.
Amendment 511 #
Proposal for a regulation Article 25 – paragraph 2 2.
Amendment 512 #
Proposal for a regulation Article 25 – paragraph 2 a (new) 2a. The evidence regarding the hours worked shall be provided by the participant, normally through a time recording system. For persons working exclusively for the action, no time recording is required. In such cases, the participant shall sign a declaration confirming that the person concerned has worked exclusively for the action.
Amendment 513 #
Proposal for a regulation Article 25 – paragraph 2 a (new) 2a. The beneficiary shall be able to exercise the same method for the declaration of indirect eligible costs consistently for all actions under Horizon 2020 in which it participates.
Amendment 514 #
Proposal for a regulation Article 25 – paragraph 3 3. The grant agreement shall contain the minimum requirements for the time recording system
Amendment 515 #
Proposal for a regulation Article 25 – paragraph 3 3. The grant agreement shall contain the minimum requirements for the time recording system
Amendment 516 #
Proposal for a regulation Article 25 – paragraph 3 3. The grant agreement shall contain the minimum requirements for the time recording system as well as
Amendment 517 #
Proposal for a regulation Article 25 – paragraph 3 3. The grant agreement shall contain the minimum requirements for the time recording system as well as the number of annual productive hours to be used for the calculation of the hourly personnel rates. Participants’ usual accounting practices may also apply.
Amendment 518 #
Proposal for a regulation Article 25 – paragraph 3 3. The grant agreement shall contain the minimum requirements for the time recording system as well as the number of annual productive hours to be used for the calculation of the hourly personnel rates, where the national authorities or national funding bodies in the participant’s home country do not have accepted standards for the participant’s annual productive hours.
Amendment 519 #
Proposal for a regulation Article 25 – paragraph 3 3. The grant agreement shall contain the minimum requirements for the
Amendment 520 #
Proposal for a regulation Article 25 – paragraph 3 3. The grant agreement shall contain the minimum requirements for the time recording system
Amendment 521 #
Proposal for a regulation Article 25 – paragraph 3 a (new) 3a. The annual productive hours shall be determined according to the usual practices of the beneficiary, as adopted with internal formal acts, consistently with the national legislation.
Amendment 522 #
Proposal for a regulation Article 26 – title Personnel costs
Amendment 523 #
Proposal for a regulation Article 26 – title Personnel costs
Amendment 524 #
Proposal for a regulation Article 26 – paragraph 1 Amendment 525 #
Proposal for a regulation Article 26 – paragraph 1 Amendment 526 #
Proposal for a regulation Article 26 – paragraph 1 Amendment 527 #
Proposal for a regulation 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 528 #
Proposal for a regulation Article 27 – paragraph 1 – point b (b) auditable historical data of the participants.
Amendment 529 #
Proposal for a regulation Article 27 – paragraph 2 – introductory part 2. Direct eligible personnel costs may be financed on the basis of scale of unit costs determined a
Amendment 530 #
Proposal for a regulation Article 27 – paragraph 2 – introductory part 2. Direct eligible personnel costs may be financed on the basis of scale of unit costs determined a
Amendment 531 #
Proposal for a regulation Article 27 – paragraph 2 – introductory part 2. Direct eligible personnel costs may be financed on the basis of scale of unit costs
Amendment 532 #
Proposal for a regulation Article 27 – paragraph 2 – point a Amendment 533 #
Proposal for a regulation Article 27 – paragraph 2 – point a Amendment 534 #
Proposal for a regulation Article 27 – paragraph 2 – point a Amendment 535 #
Proposal for a regulation Article 27 – paragraph 2 – point a (a) they are calculated on the basis of
Amendment 536 #
Proposal for a regulation 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
Amendment 537 #
Proposal for a regulation 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
Amendment 538 #
Proposal for a regulation 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
Amendment 539 #
Proposal for a regulation 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
Amendment 540 #
Proposal for a regulation 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 541 #
Proposal for a regulation Article 27 – paragraph 2 – point b (b)
Amendment 542 #
Proposal for a regulation Article 27 – paragraph 2 – point b (b)
Amendment 543 #
Proposal for a regulation Article 27 – paragraph 2 – point c (c)
Amendment 544 #
Proposal for a regulation Article 27 – paragraph 2 – point c (c)
Amendment 545 #
Proposal for a regulation Article 27 – paragraph 2 – point d (d)
Amendment 546 #
Proposal for a regulation Article 27 – paragraph 2 – point d (d)
Amendment 547 #
Proposal for a regulation 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 3
Amendment 548 #
Proposal for a regulation 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 3
Amendment 549 #
Proposal for a regulation 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 3
Amendment 550 #
Proposal for a regulation Article 29 – paragraph 1 1. Participants that calculate
Amendment 551 #
Proposal for a regulation Article 29 – paragraph 1 1. Participants that calculate and claim direct personnel costs on the basis of scale of unit costs
Amendment 552 #
Proposal for a regulation Article 29 – paragraph 1 1. Participants that calculate and claim direct personnel costs on the basis of scale of unit costs
Amendment 553 #
Proposal for a regulation Article 29 – paragraph 1 1. Participants
Amendment 554 #
Proposal for a regulation 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 555 #
Proposal for a regulation 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 556 #
Proposal for a regulation Article 29 – paragraph 2 a (new) 2a. Participants that calculate and claim direct costs based on the rates accepted by national authorities for comparable activities will submit to the Commission a certificate on the methodology for their calculation provided by an independent auditor.
Amendment 557 #
Proposal for a regulation Article 30 – paragraph 2 2. The Commission and the Court of Auditors shall accept the certificates referred to in paragraph 1, unless there is reasonable doubt regarding their integrity. Upon request by the Commission, the Court of Auditors or the European Anti-
Amendment 558 #
Proposal for a regulation Article 31 – paragraph 1 An action for which a grant from the Union budget has been awarded may also give rise to the award of a grant on the basis of Regulation (EU) No XX/XX [Horizon 2020] provided that the grants do not cover the same cost items. This applies especially to a grant from the Structural Funds.
Amendment 559 #
Proposal for a regulation Article 31 – paragraph 1 An action for which a grant from the Union budget has been awarded may also give rise to the award of a grant on the basis of Regulation (EU) No XX/XX [Horizon 2020] provided that the grants create added value for research and innovation and do not cover the same cost items.
Amendment 560 #
Proposal for a regulation Article 34 Amendment 561 #
Proposal for a regulation Article 35 Amendment 562 #
Proposal for a regulation Article 35 – paragraph 1 Amendment 563 #
Proposal for a regulation Article 35 – paragraph 2 – subparagraph 1 Amendment 564 #
Proposal for a regulation Article 35 – paragraph 2 – subparagraph 2 Amendment 565 #
Proposal for a regulation Article 35 – paragraph 2 – subparagraph 2 – point a Amendment 566 #
Proposal for a regulation Article 35 – paragraph 2 – subparagraph 2 – point a (a) shall comply with the principles of transparency, non-discrimination, gender equality, equal treatment, sound financial management, proportionality, and with competition rules and, where applicable, with Directives 2004/17/EC, 2004/18/EC and 2009/81/EC, or, where the Commission acts on its own behalf, with Regulation (EU) No XX/2012 [the Financial Regulation];
Amendment 567 #
Proposal for a regulation Article 35 – paragraph 2 – subparagraph 2 – point b Amendment 568 #
Proposal for a regulation Article 35 – paragraph 2 – subparagraph 2 – point c Amendment 569 #
Proposal for a regulation Article 35 – paragraph 2 – subparagraph 2 – point d Amendment 570 #
Proposal for a regulation Article 36 Amendment 571 #
Proposal for a regulation Article 36 – paragraph 1 Amendment 572 #
Proposal for a regulation Article 36 – paragraph 1 1. Financial instruments may take any of the forms referred to in and shall be
Amendment 573 #
Proposal for a regulation Article 36 – paragraph 3 Amendment 574 #
Proposal for a regulation Article 36 – paragraph 3 a (new) 3 a. The Commission should consider introduce an newer version of the Risk Capital Action Plan in addition to the Financial Regulation
Amendment 575 #
Proposal for a regulation Article 36 a (new) Amendment 576 #
Proposal for a regulation Article 22 – paragraph 1 1. The funding for an action shall
Amendment 577 #
Proposal for a regulation Article 37 – paragraph 1 – introductory part 1. The Commission and, where appropriate, funding bodies
Amendment 578 #
Proposal for a regulation Article 37 – paragraph 1 – introductory part 1. The Commission and
Amendment 579 #
Proposal for a regulation Article 37 – paragraph 1 – point a a)
Amendment 580 #
Proposal for a regulation Article 37 – paragraph 1 – point b b)
Amendment 581 #
Proposal for a regulation Article 37 – paragraph 1 – point d d)
Amendment 582 #
Proposal for a regulation Article 37 – paragraph 1 – point d (d) the evaluation of Research and Innovation Programmes, carrying out comparative studies with those countries excelling in R&D among other means;
Amendment 583 #
Proposal for a regulation Article 37 – paragraph 1 – point e e) the de
Amendment 584 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 1 2. Independent experts shall be chosen on the basis of skills, experience and knowledge, including knowledge of languages, appropriate to carry out the tasks assigned to them. This will help ensure that proposals for projects submitted in languages other than English can also be evaluated. The skills, experience and knowledge of the experts concerned shall correspond to the priority addressed by the project in question. In cases where independent experts have to deal with classified information, the appropriate security clearance shall be required before appointment.
Amendment 585 #
Proposal for a regulation 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
Amendment 586 #
Proposal for a regulation 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 and knowledge, 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 587 #
Proposal for a regulation 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. In cases where independent experts have to deal with classified information, the appropriate security clearance shall be required before appointment.
Amendment 588 #
Proposal for a regulation 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 589 #
Proposal for a regulation 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. Selection of experts shall take into account the need to ensure a multidisciplinary approach and reflect a wide range of knowledge and views. In cases where independent experts have to deal with classified information, the appropriate security clearance shall be required before appointment.
Amendment 590 #
Proposal for a regulation 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
Amendment 591 #
Proposal for a regulation 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. In cases where independent experts have to deal with classified information, the appropriate security clearance shall be required before appointment. Gender balance shall be taken into account in the appointment of independent experts.
Amendment 592 #
Proposal for a regulation 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 593 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 1 2. Independent experts shall be chosen from the list referred to in paragraph 1 on the basis of skills, experience and knowledge appropriate to carry out the tasks assigned to them. In cases where independent experts have to deal with classified information, the appropriate security clearance shall be required before appointment.
Amendment 594 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 2 Independent experts shall be identified and selected on the basis of
Amendment 595 #
Proposal for a regulation 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 596 #
Proposal for a regulation 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 research agencies, research institutions, universities, standardisation organisations, civil society organisations, or enterprises with a view to establishing a database of candidates.
Amendment 597 #
Proposal for a regulation 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 research agencies, research institutions, universities, standardisation organisations or enterprises with a view to establishing a database of candidates.
Amendment 598 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 3 Amendment 599 #
Proposal for a regulation 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 600 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 3 The Commission or the relevant funding body may, i
Amendment 601 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 3 a (new) At least two fifths of the members of each evaluation panel for a Horizon 2020 project – with the exception of projects falling under the European Research Council – shall be industry representatives with appropriate expertise. At least two fifths of the members of each evaluation panel for a Horizon 2020 project specifically aimed at SMEs shall be SME representatives and one fifth shall be drawn from the rest of industry, in both cases with appropriate expertise.
Amendment 602 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 4 Appropriate measures shall be taken to seek interest balance, gender balance and geographical diversity when appointing independent experts. In particular, the Commission shall make sure that no specific interest represents more than one third of non-governmental experts. Appropriate measures shall be taken to prevent the capture of expert groups by private and/or commercial interests.
Amendment 603 #
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.
Amendment 604 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 4 Appropriate measures shall be taken to seek gender balance and geographical diversity when appointing independent experts, also to ensure that no specific interest group is overrepresented, which could compromise the impartiality of the decision-making process.
Amendment 605 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 4 Appropriate measures shall be taken to
Amendment 606 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 4 Appropriate measures shall be taken to
Amendment 607 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 4 Appropriate measures shall be taken to
Amendment 608 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 4 Appropriate measures shall be taken to seek
Amendment 609 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 4 Appropriate measures shall be taken to
Amendment 610 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 4 Appropriate measures shall be taken to seek gender balance, balance between Member States and geographical diversity when appointing independent experts.
Amendment 611 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 4 Appropriate measures shall be taken to
Amendment 612 #
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".
Amendment 613 #
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
Amendment 614 #
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; one way of eliminating this risk would be to publish a full statement of professional activities and financial interests.
Amendment 615 #
Proposal for a regulation Article 37 – paragraph 4 4. The appointment of the experts shall take place by the end of 2013, at the latest, and may take the form of a framework appointment valid for the entire duration of Horizon 2020 with specific assignments of tasks comprising a preliminary assessment of the project, an assessment of its implementation, and a final assessment.
Amendment 616 #
Proposal for a regulation Article 37 – paragraph 5 5. The names of
Amendment 617 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 1 2. Where participants in an action have jointly generated results and where the
Amendment 618 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 1 2. Where participants in an action have jointly generated results and where
Amendment 619 #
Proposal for a regulation 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 620 #
Proposal for a regulation 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 621 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 1 2. Where participants in an action have jointly generated results and where
Amendment 622 #
Proposal for a regulation 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, they
Amendment 623 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 1 2. Where participants in an action
Amendment 624 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 1 2. Where participants in an action
Amendment 625 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 2 – introductory part Unless otherwise agreed in the joint ownership agreement, each joint owner shall be entitled to
Amendment 626 #
Proposal for a regulation 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 627 #
Proposal for a regulation 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
Amendment 628 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 2 – introductory part Unless otherwise agreed in the joint ownership agreement, each joint owner shall be entitled to grant non-exclusive licences to third parties to exploit the jointly owned results, including rights but without any right to sub-licen
Amendment 629 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 2 – introductory part Unless otherwise agreed in the joint ownership agreement, each joint owner shall be entitled to grant non-exclusive licences to third parties to exploit the jointly owned results,
Amendment 630 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 2 – point a Amendment 631 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 2 – point a Amendment 632 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 2 – point b Amendment 633 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 2 – point b Amendment 634 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 2 – point b (b)
Amendment 635 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 2 – point b (b) under fair and reasonable co
Amendment 636 #
Proposal for a regulation 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 637 #
Proposal for a regulation Article 39 – paragraph 1 1. Where results are capable of commercial or industrial application, the participant owning these results
Amendment 638 #
Proposal for a regulation Article 39 – paragraph 1 1. Where results are capable or may reasonably be expected to be capable of commercial or industrial application, the participant owning these results shall examine the possibility for protection and, if possible and justified given the circumstances, shall adequately protect them for an appropriate period of time and with an appropriate territorial coverage, having due regard to its legitimate interests and the legitimate interests, particularly the commercial interests, of the other participants in the action.
Amendment 639 #
Proposal for a regulation Article 39 – paragraph 2 – subparagraph 1 2. Where a participant that has received Union funding intends not to protect results generated by it
Amendment 640 #
Proposal for a regulation 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 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
Amendment 641 #
Proposal for a regulation 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 642 #
Proposal for a regulation 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 643 #
Proposal for a regulation 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
Amendment 644 #
Proposal for a regulation 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 645 #
Proposal for a regulation 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 within five years following the end of the action, it shall inform the Commission or the funding body which may, with the consent of the owning participant, continue or extend protection by assuming ownership thereof. The Commission or the funding body shall take this decision within 45 days. The participant may refuse consent only if it demonstrates that its legitimate interests would suffer significant harm. The grant agreement shall lay down time-limits in this respect.
Amendment 646 #
Proposal for a regulation 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
Amendment 647 #
Proposal for a regulation 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 648 #
Proposal for a regulation 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. This could be done for instance through activities such as standardization.
Amendment 649 #
Proposal for a regulation 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
Amendment 650 #
Proposal for a regulation 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 , development, innovation 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 651 #
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.
Amendment 652 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 1 2. Subject to any restrictions due to the protection of intellectual property, security rules or legitimate commercial interests, each participant shall through appropriate means disseminate the results it owns as soon as possible. The grant agreement may lay down time-limits in this respect. In the field of major societal challenges (health, climate, biodiversity), licensing of results to third parties shall by default take place on non- exclusive terms so as to enable immediate competition and thereby to foster global accessibility.
Amendment 653 #
Proposal for a regulation 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 654 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 3 With regard to dissemination through research publications, open access shall
Amendment 655 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 3 With regard to dissemination through research publications, open access shall apply under the terms and conditions laid down in the grant agreement. This arrangement shall be automatic, with a view to ensuring free online public access to EU-funded research publications as soon as possible or, at all events, within six months of their appearing in a scientific journal. Any costs incurred in providing such access shall be covered by EU funds. With regard to dissemination of other results, including research data, the 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, for example in cases where there are overriding reasons in the public interest, the results of research in the field of public health shall be made freely available.
Amendment 656 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 3 With regard to dissemination through research publications, open access shall apply
Amendment 657 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 3 With regard to dissemination through
Amendment 658 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 3 With regard to dissemination through
Amendment 659 #
Proposal for a regulation 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 660 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 3 With regard to dissemination through research publications
Amendment 661 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 3 With regard to dissemination through research 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 grant agreement may lay down the terms and conditions under which open access to such results shall be provided
Amendment 662 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 3 a (new) Proposals shall contain a data management and sharing plan to ensure that data arising from research is managed and made available as widely and freely as possible to maximize public benefit while acknowledging that sharing shall always take account of enhancing the long term value of the data, which may require a limited period of exclusive use of the research results.
Amendment 663 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 3 a (new) Proposals shall contain a management and sharing plan of data and other results to ensure that they are made available as widely and freely as possible, while acknowledging the possible need for a limited period of exclusive use of the research results.
Amendment 664 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 3 a (new) Open access to research publications that are published after the duration of a project shall be supported through a lump sum to be paid at the end of a project.
Amendment 665 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 3 b (new) To properly manage and make accessible open access research data, the Commission shall establish and manage an open-access, online European Research Library
Amendment 666 #
Proposal for a regulation 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 667 #
Proposal for a regulation 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 grant agreement
Amendment 668 #
Proposal for a regulation 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
Amendment 669 #
Proposal for a regulation Article 40 – paragraph 2 a (new) 2a. With regard to dissemination of results, the consortium agreement shall lay down the terms and conditions under which open access to results shall be provided, in particular in ERC frontier research or in other appropriate areas. Or. en(In reference to Amendment 86; PE489.632v01-00)
Amendment 670 #
Proposal for a regulation Article 40 – paragraph 3 3.
Amendment 671 #
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.
Amendment 672 #
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
Amendment 673 #
Proposal for a regulation Article 40 – paragraph 4 a (new) 4 a. Access to patent applications, standards, publications or any other means of dissemination, including electronic format, relating to the results of the related research shall be ensured for people with disabilities on the same terms as for any other citizen.
Amendment 674 #
Proposal for a regulation Article 40 – paragraph 4 a (new) Amendment 675 #
Proposal for a regulation Article 40 – paragraph 4 a (new) 4a. All patent applications, standards, publications or any other dissemination tools, also in electronic form, relating to results shall be made available and accessible, on an equal basis with others, to persons with disabilities.
Amendment 676 #
Proposal for a regulation Article 40 – paragraph 4 a (new) Amendment 677 #
Proposal for a regulation Article 41 – paragraph 1 – subparagraph 2 Without prejudice to confidentiality obligations arising from laws
Amendment 678 #
Proposal for a regulation 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
Amendment 679 #
Proposal for a regulation 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.
Amendment 680 #
Proposal for a regulation Article 41 – paragraph 1 – subparagraph 3 Amendment 681 #
Proposal for a regulation Article 41 – paragraph 1 – subparagraph 3 Following notification, a participant may object to the transfer of ownership if it demonstrates that the intended transfer would adversely affect the exercise of its access rights. In such case, the transfer may not take place until agreement has been reached between the participants concerned. The grant agreement
Amendment 682 #
Proposal for a regulation 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 683 #
Proposal for a regulation Article 41 – paragraph 2 2. Provided that any access rights to the results can be exercised
Amendment 684 #
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.
Amendment 685 #
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
Amendment 686 #
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
Amendment 687 #
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 by the participant who owns results, the participant who owns results may grant licences or otherwise give the right to exploit the
Amendment 688 #
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 by the participant who owns results, the participant who owns results may grant licences or otherwise give the right to exploit the
Amendment 689 #
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
Amendment 690 #
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
Amendment 691 #
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 within the Union or 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 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 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 694 #
Proposal for a regulation 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 grant agreement shall lay down time-limits.
Amendment 695 #
Proposal for a regulation Article 41 a (new) Article 41 a Where research is conducted in an area of relevance to public health, the licensing of public research results shall be conditional on the ensuing medicines, diagnostics and procedures being globally accessible.
Amendment 696 #
Proposal for a regulation 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) -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 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 699 #
Proposal for a regulation Article 43 – paragraph 1 1. Any request to exercise access rights or any waiving of access rights shall be made in writing. Waiving of access rights can only be done on a case-by-case basis, after the particular result or background has been generated.
Amendment 700 #
Proposal for a regulation Article 43 – paragraph 1 1. Any request to exercise access rights or any waiving of access rights shall be made in writing unless otherwise agreed between the participants.
Amendment 701 #
Proposal for a regulation Article 43 – paragraph 2 Amendment 702 #
Proposal for a regulation 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 703 #
Proposal for a regulation Article 43 – paragraph 4 Amendment 704 #
Proposal for a regulation Article 43 – paragraph 4 Amendment 705 #
Proposal for a regulation Article 44 – paragraph 1 – subparagraph 1 1. A participant shall enjoy access rights to the results of another participant in the same
Amendment 706 #
Proposal for a regulation 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
Amendment 707 #
Proposal for a regulation 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
Amendment 708 #
Proposal for a regulation Article 44 – paragraph 2 – subparagraph 1 2. A participant shall enjoy access rights to
Amendment 709 #
Proposal for a regulation Article 44 – paragraph 2 – subparagraph 1 2. A participant shall enjoy access rights to background of another participant in the same action, if such bac
Amendment 710 #
Proposal for a regulation 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
Amendment 711 #
Proposal for a regulation 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
Amendment 712 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 2 Amendment 713 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 2 Amendment 714 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 2 Subject to agreement, such access shall be granted under fair and reasonable conditions
Amendment 715 #
Proposal for a regulation Article 45 – paragraph 2 – subparagraph 1 2. A participant shall enjoy access rights to background of another participant in the same action, if such bac
Amendment 716 #
Proposal for a regulation Article 45 – paragraph 2 – subparagraph 1 2. A participant shall enjoy access rights to background of another participant in the same action, if such bac
Amendment 717 #
Proposal for a regulation Article 45 – paragraph 2 – subparagraph 2 Amendment 718 #
Proposal for a regulation Article 45 – paragraph 2 – subparagraph 2 Amendment 719 #
Proposal for a regulation Article 45 – paragraph 3 3. An affiliated entity
Amendment 720 #
Proposal for a regulation Article 45 – paragraph 3 3.
Amendment 721 #
Proposal for a regulation 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-
Amendment 722 #
Proposal for a regulation 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-
Amendment 723 #
Proposal for a regulation Article 46 Amendment 724 #
Proposal for a regulation Article 46 – paragraph 1 – subparagraph 1 1. The Union institutions and bodies shall, for the purpose of developing, implementing and monitoring Union policies or programmes, enjoy access rights to the results of a participant that has received Union funding. Such access rights are limited to non-commercial and non- competitive use and do not include the right to sub-license. The Union shall provide sufficient evidence to the owning participant that the access rights will contribute to developing, implementing and monitoring Union policies or programmes.
Amendment 725 #
Proposal for a regulation Article 46 – paragraph 1 – subparagraph 1 1. The Union institutions and bodies shall, for the purpose of developing, implementing and monitoring Union policies or programmes, enjoy access rights to the results of a participant that has received Union funding. Access right to results shall not be extended to the participants' background even in case that the background is needed for use of result. Such access rights are limited to non-commercial and non-
Amendment 726 #
Proposal for a regulation Article 46 – paragraph 1 – subparagraph 1 1. The Union institutions and bodies shall, for the purpose of developing, implementing and monitoring Union policies or programmes, enjoy access rights to the results of a participant that has received Union funding.
Amendment 727 #
Proposal for a regulation Article 46 – paragraph 1 – subparagraph 2 Such access shall be granted on
Amendment 728 #
Proposal for a regulation Article 46 – paragraph 2 Amendment 729 #
Proposal for a regulation Article 46 – paragraph 2 – subparagraph 1 2. Regarding actions in the activity ‘Secure societies’ within the specific objective ‘Inclusive, innovative and secure societies’ and the activity "Health, demographic change and wellbeing" within the pillar "Societal Challenges", the Union institutions and bodies as well as Member States' national 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.
Amendment 730 #
Proposal for a regulation Article 46 – paragraph 2 – subparagraph 1 2. Regarding actions in the
Amendment 731 #
Proposal for a regulation 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.
Amendment 732 #
Proposal for a regulation Title 3 – chapter 1 – section 3 Amendment 733 #
Proposal for a regulation Article 47 Amendment 734 #
Proposal for a regulation Article 47 – title Specific provisions for particular types of actions
Amendment 735 #
Proposal for a regulation Article 47 – paragraph 1 1. In the case of actions involving security- related activities and activities which are justified on public health grounds, the grant agreement may lay down specific provisions, in particular on changes to the consortium's composition, classified information, exploitation, dissemination, transfers and licences of results.
Amendment 736 #
Proposal for a regulation Article 47 – paragraph 1 1. In the case of actions involving
Amendment 737 #
Proposal for a regulation Article 47 – paragraph 2 2. In the case of actions to support existing or new research infrastructures or institutes, the grant agreement may lay down specific provisions relating to the use
Amendment 738 #
Proposal for a regulation Article 47 – paragraph 2 2. In the case of actions to support the operation of existing or new research infrastructures, the grant agreement may lay down specific provisions relating to users' access of the infrastructure.
Amendment 739 #
Proposal for a regulation Article 47 – paragraph 3 3. In the case of ERC frontier research actions or actions relating to a societal challenge as part of the ‘health, demographic change and well-being’ section of the Societal challenges strand, the grant agreement may lay down specific provisions, in particular on access rights, portability and dissemination, relating to participants, researchers and any party concerned by the action.
Amendment 740 #
Proposal for a regulation Article 47 – paragraph 3 3. In the case of ERC frontier research actions, or research actions that address a societal challenge the grant agreement
Amendment 741 #
Proposal for a regulation Article 47 – paragraph 3 3. In the case of ERC frontier research actions or research actions within the pillar "Societal Challenges", the grant agreement may lay down specific provisions, in particular on access rights, portability and dissemination, relating to participants, researchers and any party concerned by the action.
Amendment 742 #
Proposal for a regulation Article 47 – paragraph 3 a (new) 3a. In case of innovation that is highly relevant to developing countries' needs, including in the field of global health, the Commission shall include in the grant agreement licensing conditions to improve access and affordability of biomedical products in developing countries by means of 'humanitarian use licensing conditions'.
Amendment 743 #
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.
Amendment 744 #
Proposal for a regulation Article 47 a (new) Amendment 745 #
Proposal for a regulation Article 47 a (new) Article 47 a In the case of actions in an area of relevance to public health, the grant agreement shall lay down provisions on the accessibility of research results for everyone through socially responsible technology transfer strategies.
Amendment 746 #
Proposal for a regulation Article 48 Amendment 747 #
Proposal for a regulation Article 48 – paragraph 1 a (new) Specific provisions regarding ownership, access rights, exploitation and dissemination including licensing provisions, shall be laid down in the conditions governing a prize award, to ensure maximum uptake of the results and affordable and widespread access to the results.
Amendment 748 #
Proposal for a regulation Article 48 – paragraph 1 a (new) Specific provisions, in particular on ownership, access rights, exploitation and dissemination shall be laid down in the conditions governing a prize award to ensure maximum uptake of the results and affordable and widespread access to the results.
Amendment 749 #
Proposal for a regulation Article 48 – paragraph 1 b (new) The contracting authority shall own the results and data generated, and grant non-exclusive licences to third parties to exploit the results under fair and reasonable conditions.
Amendment 750 #
Proposal for a regulation Article 49 – title Pr
Amendment 751 #
Proposal for a regulation Article 49 Amendment 752 #
Proposal for a regulation Article 49 Amendment 753 #
Proposal for a regulation Article 49 – paragraph 1 Amendment 754 #
Proposal for a regulation 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) 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.
Amendment 757 #
Proposal for a regulation Article 49 a (new) Amendment 758 #
Proposal for a regulation Article 49 a (new) Amendment 759 #
Proposal for a regulation Article 49 b (new) Amendment 760 #
Proposal for a regulation Article 49 c (new) Article 49c Financial Instruments 1. Financial instruments may take any of the forms referred to in, and shall be implemented in accordance with, [Title VIII] of Regulation (EU) No XX/XX [the Financial Regulation] and may be combined with each other and with other grants funded under the Union budget, including under Horizon 2020. 2. In accordance with Article [54] of Regulation (EU) No XX/XX [the Financial Regulation], the Commission may delegate implementation tasks and management of the financial instruments to the EIB, EIF and other financial institutions. 3. In accordance with Article [18(2)] of Regulation (EU) No XX/XX [the Financial Regulation], revenues and repayments generated by a financial instrument set up under Regulation (EU) No XX/XX [Horizon 2020] shall be assigned to that financial instrument. 4. Revenues and repayments generated by the Risk-Sharing Finance facility set up under Decision No 1982/2006/EC and the early stage part of the High-Growth and Innovative SME Facility (GIF1) set up under the Decision No 1639/2006/EC of the European Parliament and of the Council, shall be assigned to the succeeding financial instruments under Regulation (EU) No XX/XX [Horizon 2020]. 5. The Commission shall ensure that all types of financial intermediaries, including national and regional public banks as well as regional investment banks, are adequately involved in the implementation of the financial instruments.
Amendment 761 #
Proposal for a regulation Article 49 d (new) Amendment 762 #
Proposal for a regulation Article 49 e (new) Amendment 763 #
Proposal for a regulation Article 49 f (new) Article 49f SME Instrument 1. Only SMEs may apply for calls for proposals issued under the dedicated SME instrument referred to in Article [18] of Regulation (EU) No XX/XX [Horizon 2020]. They shall be encouraged to participate jointly with other companies, research organisations and universities. Once a company has been validated as an SME this legal status shall be assumed to prevail for the entire duration of the project, even in cases where the company, due to its growth, later on exceeds the ceilings foreseen within the SME definition. 2. Calls for proposals under the SME instruments shall be open calls, taking a bottom-up approach towards the topic to the greatest possible extent. A simplified two-stage evaluation procedure may apply, if stated so in the work programme, provided that no prolongation of the overall evaluation period is entailed. 3. In accordance with Article 17a, the 'time-to-contract' under the SME instrument may not exceed six months. 3. In accordance with this Regulation, the grant agreement concluded under the SME instrument may lay down specific provisions, in particular on subcontracting, ownership, access rights, exploitation and dissemination of results. 4. Where revision of the grant agreement concluded under the SME instrument is necessary during the implementation of an action, in particular with regards to changes in the composition of the consortium, a simplified revision procedure shall apply. 5. The Commission shall ensure sufficient complementarities between the SME instrument under Horizon 2020 and the Financial Instruments under Horizon 2020 and COSME as well as schemes and instruments set up jointly with Member States, such as the Eurostars Joint Programme.
Amendment 764 #
Proposal for a regulation Article 49 g (new) Article 49g Fast Track to Innovation 1. Any legal entity that is allowed to participate in activities covered by part II ('Industrial Leadership') and part III ('Societal Challenges') of the Specific Programme (Regulation (EU) xy/2012) shall be allowed to submit proposals to be considered under the Fast Track 2 Innovation Instrument. Within part II ('Industrial Leadership'), proposals may be submitted under every technology field identified under the specific objective 'Leadership in enabling and industrial technologies' in the [Specific Programme], without restriction to the topic of research. Within part III ('Societal Challenges'), proposals may be submitted under every societal challenge, without restriction to the technology field. 2. Proposals may be submitted at any time. The Commission shall initiate an evaluation period twice a year, at a fixed period of time. Time between the start of an evaluation period and the award of a grant shall not exceed six months. 3. Firstly, proposals shall be ranked according to the award criteria "impact" and "quality and efficiency of the implementation". Secondly, "excellence" as the crucial award criterion shall determine the final ranking leading to the grant decision. 4. Being implemented as a fast track, no more than five legal entities shall participate in an action. 3. The Horizon 2020 grant shall be determined in accordance with Article 22 (3a (new)).
Amendment 765 #
Proposal for a regulation Article 49 h (new) Amendment 766 #
Proposal for a regulation Annex 0 (new) source: PE-492.763
2012/07/13
DEVE
40 amendments...
Amendment 44 #
Proposal for a regulation Recital 9 (9) These rules for the participation and dissemination should provide a coherent, comprehensive and transparent framework to ensure the most efficient implementation possible, taking into account the need for easy access by all participants, notably small and medium-sized enterprises and civil society organisations, including those which deal with development cooperation, through simplified procedures. The financial assistance from the Union could be provided through different forms.
Amendment 45 #
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
Amendment 46 #
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
Amendment 47 #
Proposal for a regulation Recital 19 a (new) (19 a) All research and innovation builds on the capacity of scientists, research institutions, businesses and citizens around the world to openly access, share and use scientific information. This is particularly important for actors in developing countries, where local research capacity must be improved and whose collaboration with the Union´s partners will help to tackle common global challenges and contribute to the Union research excellence. To increase the circulation and exploitation of knowledge, free open access to scientific publications, already embraced in the Seventh Framework Programme, should be the general principle for scientific publications which receive public funding from Horizon 2020. Furthermore, Horizon 2020 should promote open access to other scientific data produced or collected by publicly funded research, in accordance with intellectual property rights, with the aim that open access to such data becomes the general rule by 2020.
Amendment 48 #
Proposal for a regulation Recital 19 a (new) (19 a) Specific licensing models based on social obligations that are linked to taxpayer-funded research should be promoted for results concerning technologies with potential for tackling major societal challenges, for example the development into a novel medical technology (e.g. drug, diagnostic or vaccine) or technologies for fighting climate change.
Amendment 49 #
Proposal for a regulation Recital 19 a (new) Amendment 50 #
Proposal for a regulation Recital 19 b (new) (19 b) In the selection process of proposals, the impact criterion should include the potential extent of dissemination and public availability of research results and data, assigning priority to projects potentially entailing a wider dissemination and exploitation of results.
Amendment 51 #
Proposal for a regulation Recital 19 c (new) (19 c) The setting-up of patent pools should be encouraged in order to allow the sharing of patented scientific data and increase collaborative efforts and R&D cooperation on specific technological needs, particularly in the context of European or global societal challenges. This mechanism would be particularly suitable for technologies that are both complex and expensive, allowing to avoid the blocking of research brought about by patent thicket situations.
Amendment 52 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) 'dissemination‘ means the public disclosure of the results by any appropriate means (other than resulting from protecting or exploiting the results), including by publishing, in any medium, articles presenting the result of research such as scientific publications in peer-reviewed journals;
Amendment 53 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 a (new) Amendment 54 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 b (new) (7 b) 'fair and reasonable conditions' means terms, including royalty-free conditions, which take into account the specific circumstances of the request for access and/or the scope, duration or other characteristics of the use envisaged;
Amendment 55 #
Proposal for a regulation 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, including non-profit and civil society organisations;
Amendment 56 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 2 In actions under the activit
Amendment 57 #
Proposal for a regulation Article 6 – paragraph 2 2. The relevant work programme
Amendment 58 #
Proposal for a regulation Article 6 – paragraph 2 – point a (new) (a) legal entities (including any affiliated entities) whose participation, by the objectives they pursue, their place of establishment, the nature or the location of their activities, would cause the Union to recognize as lawful, or would render aid or assistance in maintaining, a situation created by a serious breach of international law (including international humanitarian law), where such breach has been established by a resolution of the United Nations Security Council or by a judgment or advisory opinion of the International Court of Justice;
Amendment 59 #
Proposal for a regulation Article 6 – paragraph 2 – point b (new) (b) undertakings established in a third country where that third country promotes itself as an off-shore financial centre or in which there are no or only nominal taxes, where there is a lack of effective exchange of information with foreign tax authorities, where there is a lack of transparency in regard to legislative, judicial or administrative provisions, or where there is no requirement for a substantive local presence;
Amendment 60 #
Proposal for a regulation Article 6 – paragraph 2 – point c (new) (c) legal entities established in third countries where conditions for the participation of legal entities from Member States in that third country's research and innovation programmes are considered prejudicial to the Union's interests.
Amendment 61 #
Proposal for a regulation Article 12 – paragraph 1 1. Where appropriate, proposals shall include a draft plan for the exploitation
Amendment 62 #
Proposal for a regulation Article 14 – paragraph 2 a (new) 2 a. The impact criterion shall include the potential extent of dissemination and public availability of research results and data, assigning priority to projects potentially entailing a wider dissemination and exploitation of results.
Amendment 63 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 4 Appropriate measures shall be taken to seek a balance between all interests involved and to seek gender balance and geographical diversity when appointing independent experts. In particular, the Commission shall ensure that no special interest represents more than one third of non-governmental experts. Appropriate measures shall be taken to prevent the capture of expert groups by private and/or commercial interests.
Amendment 64 #
Proposal for a regulation Article 37 – paragraph 3 3. The Commission or the relevant funding body shall take all necessary steps to
Amendment 65 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 2 – point b (b) compensation shall be fair and reasonable, if compensation
Amendment 66 #
Proposal for a regulation Article 38 – paragraph 3 a (new) 3 a. Notwithstanding the provisions of this Article, the participants may agree on a different allocation of ownership of the results.
Amendment 67 #
Proposal for a regulation Article 39 – paragraph 1 1. Where results are capable of commercial or industrial application, the participant owning these results
Amendment 68 #
Proposal for a regulation Article 39 – paragraph 2 – subparagraph 1 Where a participant that has received Union funding intends not to protect results generated by it
Amendment 69 #
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. When research is conducted in a field relevant to tackling societal challenges such as health or climate change, these additional obligations shall aim at ensuring the widest possible uptake of innovative solutions in accordance with intellectual property rights, in the best public interest, both within and outside the Union, and licensing of results to third parties shall, by default, take place on non-exclusive terms.
Amendment 70 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 1 Subject to any restrictions due to the protection of intellectual property, security rules or legitimate commercial interests, each participant shall through appropriate
Amendment 71 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 2 Additional dissemination obligations may be laid down in the grant agreement. When research is conducted in a field relevant to tackling societal challenges such as health or climate change, these additional obligations shall aim at ensuring accessibility of research results to those most affected by the specific societal challenge, respecting at the same time intellectual property rights.
Amendment 72 #
Proposal for a regulation 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 as soon as possible, and in any event within six months of publication, in a peer- reviewed scientific journal and under the terms and conditions laid
Amendment 73 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 3 a (new) Proposals shall contain a management plan and a plan on sharing of data and other results to ensure that they are made available as widely and freely as possible, while acknowledging the possible need for a limited period of exclusive use of the research results.
Amendment 74 #
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, these reports shall be made publicly available.
Amendment 75 #
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
Amendment 76 #
Proposal for a regulation Article 41 – paragraph 3 Amendment 77 #
Proposal for a regulation Article 42 – paragraph 1 Participants shall identify the background necessary for their action in any manner in a written agreement.
Amendment 78 #
Proposal for a regulation Article 43 – paragraph 1 1. Any request to exercise access rights or any waiving of access rights shall be made in writing unless otherwise agreed by the participants.
Amendment 79 #
Proposal for a regulation Article 45 – paragraph 3 3. An affiliated entity established in a Member State
Amendment 80 #
Proposal for a regulation Article 45 – paragraph 4 4. A request for access under paragraphs 1, 2 and 3 may be made
Amendment 81 #
Proposal for a regulation Article 45 a (new) Amendment 82 #
Proposal for a regulation Article 47 – paragraph 3 a (new) 3 a. In case of innovation that is highly relevant to developing countries' needs, including in the field of global health, the Commission shall include, in the grant agreement, licensing conditions to improve access and affordability of biomedical products in developing countries by means of 'humanitarian use licensing conditions'.
Amendment 83 #
Proposal for a regulation Article 48 – paragraph 1 a (new) Specific provisions regarding ownership, access rights, exploitation and dissemination including licensing provisions, shall be laid down in the conditions governing a prize award, to ensure maximum uptake of the results and affordable and widespread access to the results.
source: PE-492.865
2012/07/20
BUDG
26 amendments...
Amendment 14 #
Proposal for a regulation Recital 2 (2) Horizon 2020 should be implemented with a view to contributing directly to creating 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. At the same time Horizon 2020 should duly take into account the need to distinguish between different types of activity and participants having differing funding needs. This can be achieved through a differentiated approach to various groups of beneficiaries as well as funding types in all stages of the implementation of this programme.
Amendment 15 #
Proposal for a regulation Recital 2 (2) Horizon 2020 should be implemented with a view to contributing directly to creating citizen's welfare, economic development, environmental sustainability, industrial leadership,
Amendment 16 #
Proposal for a regulation Recital 2 (2) Horizon 2020 should be implemented with a view to contributing directly to developing a stairway to research and innovation excellence, creating 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.
Amendment 17 #
Proposal for a regulation Recital 3 (3) Horizon 2020 should support the achievement and functioning of the European Research Area in which researchers, scientific knowledge and technology circulate freely, by strengthening cooperation between the Union and the Member States, notably through application of a coherent and transparent set of rules.
Amendment 18 #
Proposal for a regulation Recital 4 (4) The rules for the participation and dissemination should adequately reflect the recommendations of the European Parliament, as summarised in the "Report on simplifying the implementation of the Research Framework Programmes", and Council with regard to the simplification of the administrative and financial requirements of the research framework programmes. The rules should give continuity to the simplification measures already implemented under Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) and progress further in reducing the administrative burden for participants and the complexity of the financial provisions in order to decrease financial errors. The rules should also duly consider the concerns and recommendations from the
Amendment 19 #
Proposal for a regulation Recital 4 a (new) (4a) From the start, rules for the participation and dissemination in Horizon 2020 should be clear and transparent and ensure to the largest possible extent the participation of SMEs. For reasons of legal certainty and clarity, rules, in principle, should remain valid throughout the whole programme period. Where rules need to be adapted, this should not be to the detriment of participants whose project has been approved under the former set of rules. All relevant instructions and guidance notes for beneficiaries and auditors should be available from the beginning of the programme onward.
Amendment 20 #
Proposal for a regulation Recital 9 (9) These rules for the participation and dissemination should provide a coherent, comprehensive and transparent framework to ensure the most efficient implementation possible, taking into account the need for easy access by all participants, notably small and medium-sized enterprises, through simplified procedures. Horizon 2020 should ensure a significant decrease in bureaucratic burden for beneficiaries. Thus, in compliance with the Financial Regulation, international accounting standards and eligibility criteria, the usual cost accounting practices of the beneficiaries should be accepted to the widest possible extent in order to reduce administrative burden. The financial assistance from the Union could be provided through different forms.
Amendment 21 #
Proposal for a regulation Recital 12 (12) It is appropriate to establish the terms and conditions for providing Union
Amendment 22 #
Proposal for a regulation 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 rules as well as an enhanced and more targeted use of innovative financial instruments. Member States and the Commission should endeavour to increase their visibility and accessibility to relevant stakeholders.
Amendment 23 #
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
Amendment 24 #
Proposal for a regulation Article 1 – paragraph 3 3. A funding body may establish rules which depart from those laid down in this Regulation or Regulation (EU) No XX/2012 [the Financial Regulation] if this is provided for in the basic act or, subject to the consent of the Commission, if its specific operating needs so require, in which case the Commission shall duly inform the two arms of the budgetary authority.
Amendment 25 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) 'legal entity
Amendment 26 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1a. Horizon 2020 shall exclude legal entities (including any affiliated entities) whose participation, by the objectives they pursue, their place of establishment, the nature or the location of their activities, would cause the European Union to recognise as lawful or render aid or assistance in maintaining a situation created by a serious breach of international law (including international humanitarian law) where such breach has been established by a resolution of the United Nations Security Council or by a judgment or advisory opinion of the International Court of Justice.
Amendment 27 #
Proposal for a regulation Article 12 – paragraph 2 2. Any proposal for research on human embryonic stem cells shall include
Amendment 28 #
Proposal for a regulation Article 12 – paragraph 3 3. A proposal which contravenes ethical principles or any applicable legislation, or which does not fulfil the conditions set out in Decision No XX/XX/EU [specific programme], the work programme or work plan or in the call for proposals
Amendment 29 #
Proposal for a regulation Article 22 – paragraph 3 Amendment 30 #
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, for non profit-making public bodies, secondary and higher education establishments, research organisations and SMEs.
Amendment 31 #
Proposal for a regulation Article 23 – paragraph 1 a (new) 1a. In accordance with the Financial Regulation, international accounting standards and eligibility criteria, the usual cost accounting practices of the beneficiaries, shall be accepted to the widest possible extent.
Amendment 32 #
Proposal for a regulation Article 26 – title Personnel costs
Amendment 33 #
Proposal for a regulation Article 26 – paragraph 1 Amendment 34 #
Proposal for a regulation Article 27 – paragraph 2 – introductory part 2. Direct eligible personnel costs may be financed on the basis of scale of unit costs determined a
Amendment 35 #
Proposal for a regulation Article 27 – paragraph 2 – point a Amendment 36 #
Proposal for a regulation Article 27 – paragraph 2 – point b (b)
Amendment 37 #
Proposal for a regulation Article 27 – paragraph 2 – point c (c)
Amendment 38 #
Proposal for a regulation Article 27 – paragraph 2 – point d (d)
Amendment 39 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 4 Appropriate measures shall be taken to
source: PE-494.516
2012/08/30
AFET
22 amendments...
Amendment 10 #
Proposal for a regulation 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 from the submission of a request for review.
Amendment 11 #
Proposal for a regulation 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. Subcontracting rules of beneficiaries should not discriminate among Member States.
Amendment 12 #
Proposal for a regulation Article 23 – paragraph 1 a (new) 1a. Value added tax ("VAT") where it is not recoverable under the applicable national VAT legislation shall constitute an eligible cost.
Amendment 13 #
Proposal for a regulation Article 23 a (new) Article 23a Direct costs Direct costs shall be determined according to the participant's usual cost accounting practices.
Amendment 14 #
Proposal for a regulation Article 25 – paragraph 3 3. The grant agreement shall contain the minimum requirements for the time recording system as well as the number of annual productive hours to be used for the calculation of the hourly personnel rates or the method for establishing the number of annual productive hours to be used for the calculation of the hourly personnel rates taking account of the participant's usual accounting practices.
Amendment 15 #
Proposal for a regulation Article 26 – title Personnel costs
Amendment 16 #
Proposal for a regulation Article 26 – paragraph 1 Amendment 17 #
Proposal for a regulation Article 27 – paragraph 2 – introductory part 2. Direct eligible personnel costs may be financed on the basis of scale of unit costs
Amendment 18 #
Proposal for a regulation Article 27 – paragraph 2 – point a Amendment 19 #
Proposal for a regulation Article 27 – paragraph 2 a (new) 2 a. Direct eligible personnel costs based on paragraph 1 point (b) of this Article may be financed on the basis of scale of unit costs determined according to the participant's usual cost accounting practices, provided that they comply with the following cumulative criteria: (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; (b) they comply with the provisions in Article 23; (c) they ensure compliance with the non- profit requirement and avoidance of double funding of costs; (d) they are calculated with due regard to the provisions on productive hours in Article 25.
Amendment 2 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) 'legal entity’ means
Amendment 20 #
Proposal for a regulation Article 29 – paragraph 1 1. Participants that calculate and claim direct personnel costs on the basis of scale of unit costs referred to in Article 27 (1) point (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 21 #
Proposal for a regulation 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 research agencies, research institutions, universities, standardisation organisations, civil society organisation, or enterprises with a view to establishing a database of candidates.
Amendment 22 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 4 Appropriate measures shall be taken to seek
Amendment 23 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 4 Appropriate measures shall be taken to seek interest balance, gender balance and geographical diversity when appointing independent
Amendment 3 #
Proposal for a regulation Article 6 – paragraph 2 2. The relevant work programme may restrict the participation in Horizon 2020 or parts thereof of legal entities
Amendment 4 #
Proposal for a regulation Article 8 – paragraph 3 3. By way of derogation from paragraph 1, in the case of European Research Council (ERC) frontier research actions, the SME instrument, programme co-fund actions and in fully justified cases provided for in the work programme or work plan, the minimum condition shall be the participation of one legal entity established in a Member State or associated country.
Amendment 5 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1a. Horizon 2020 shall exclude legal entities (including any affiliated entities) whose participation, by the objectives they pursue, their place of establishment, the nature or the location of their activities, would cause the European Union to recognize as lawful or render aid or assistance in maintaining a situation created by a serious breach of international law (including international humanitarian law) where such breach has been established by a resolution of the United Nations Security Council or by a judgment or advisory opinion of the International Court of Justice.
Amendment 6 #
Proposal for a regulation Article 10 – paragraph 1 a (new) All calls for proposals in the area of security research shall be subject to an ex- ante ethical and societal impact assessment. Calls that raise substantial ethical and/or societal impact concerns must be subject to enhanced scrutiny and control.
Amendment 7 #
Proposal for a regulation Article 11 – paragraph 1 1. Joint calls for proposals with third countries or their scientific and technological organisations and agencies or with international organisations may be launched to jointly fund actions in areas of a clear European added value. Proposals shall be evaluated and selected through joint evaluation and selection procedures to be agreed upon. Such evaluation and selection procedures shall ensure compliance with the principles set out in Title VI of Regulation (EU) XX/2012 [Financial Regulation] and involve a balanced group of independent experts appointed by each party.
Amendment 8 #
Proposal for a regulation Article 13 – paragraph 1 a (new) All calls for proposals in the area of security research shall be subject to an ex- ante ethical impact assessment. This review must extend beyond the narrow confines of privacy and data protection take into account the broader societal impacts of the underlying security R&D agenda. Calls that raise substantial ethical and/or societal impact concerns must be subject to enhanced scrutiny and control. In particular each project under that call will be subject to ethical review.
Amendment 9 #
Proposal for a regulation Article 14 – paragraph 4 4. Proposals shall be ranked according to the
source: PE-492.877
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