24.6.82 Official Journal of the European Communities NoC 159/3 
COMMUNICATION 
concerning applications for and the grant of financial aids for technical, economic and 
social research pursuant to the provisions of Article 55 of the Treaty establishing the 
European Coal and Steel Community 
1. In accordance with the provisions of Article 55 
of the Treaty of 18 April 1951 establishing the 
European Coal and Steel Community, as amended by 
the Treaty of 8 April 1965 establishing a single 
Council and a single Commission of the European 
Communities, the Commission is required to promote 
technical and economic research relating to the 
production and increased use of coal and steel and to 
occupational safety in the coal and steel industries. 
On 24 April 1963, the High Authority adopted a new 
text setting out the principles of its research policy 
(OJ No 70, 9 May 1963). Those principles were 
particularly concerned with the objectives pursued by 
the High Authority in promoting technical research 
and with the means of ensuring suitable cooperation 
among the various research bodies. On 16 October 1974, the Commission of the 
European Communities, finding that the text of the 
communication published in OJ No 70 on 9 May 
1963 should be brought up to date, adopted a slightly 
amended new text, which was published in OJ No 
C 139 on 12 November 1974. 
On ... the Commission of the European 
Communities, finding that the text of the communi­
cation published in OJ No C 139 on 12 November 
1974 should be brought up to date, adopted a slightly 
amended new text. The purpose of this communi­
cation is to circulate the new text among all interested 
parties within the Community; this text defines the 
procedure for the lodging and consideration of 
applications for financial aid, the terms of and 
arrangements for these aids and the obligations which 
the beneficiaries of aid must undertake to comply 
with in order to ensure that the research findings are 
disseminated. 
I. GENERAL 
2. The Commission of the European Communities 
may promote research by granting financial aids, after 
consulting the Consultative Committee and with the 
agreement of the Council; the funds for these aids are 
to be drawn from the revenue from the levies 
provided for in Article 49 of the EEC Treaty. The 
aid may be granted to undertakings, research 
institutes or even natural persons who wish to carry 
out research within the meaning of Article 55 of the ECSC Treaty. The applicant need not necessarily be 
directly connected with coal-mining or the iron and 
steel industry. However, the research project for 
which financial aid is requested must be of interest to 
a large number of undertakings in the Community 
or — in the case of research on occupational safety 
— a relatively large number of workers in these 
undertakings. 
II. APPLICATIONS PROCEDURE 
3. Requests for the grant of financial aid for 
research should follow the model given in Annex I 
and be addressed to the President of the Commission 
of the European Communities, 200 rue de la Loi, 
B-1049 Brussels. They must be explained in full and 
include all details relevant for the examination of the 
application. The following information in particular 
must be given: 
— The title of the research project 
— The purpose of the research project 
The information supplied must include the 
following: 
(a) detailed plan of work and methods to be used 
to obtain the expected results; (b) those aspects of the research which are new 
and original as compared with techniques 
which are already known or which are 
already the subject of research; 
(c) to what extent the research project follows up 
previous research; 
(d) what patent licences already applied for or 
taken out would be necessary, if the research 
is successful, to apply it for industrial 
purposes; 
(e) technical conditions governing the research; 
the place where the research is to be carried 
out; if it is to be carried out in cooperation 
with other firms or bodies, the respective 
responsibilities of the participants. 
NoC 159/4 Official Journal of the European Communities 24.6.82 
— Technical and economic value of the research for the 
Community 
(a) to which categories of undertakings (or 
workers) are the findings of the research 
likely to be of interest; 
(b) importance for these undertakings (or 
workers) of the research findings. 
— Legal status of the applicant 
The legal status of the applicant is to be stated, 
and to the application for aid must be appended a 
copy of the official statutes of the applicant 
together with a copy of the documents attesting 
delegation of authority to the persons legally 
entitled to respresent it. If the applicant will not 
be carrying out the research itself, the legal 
relationship between the research body and the 
applicant must be stated. 
— Duration of the research project 
Planned starting date to be specified. 
— Estimated total expenditure for the research 
The estimate of expenditure must follow the 
model given in Annex I, bearing in mind the 
following: 
(a) All amounts must be stated in the relevant 
national currency. 
(b) All questions must be answered correctly and 
completely. 
(c) Equipment and apparatus 
An itemized list of equipment and/or 
apparatus which will need to be purchased 
specifically for the project should be provided. 
The rate of depreciation charged to research 
costs generally accepted by the Commission is 
20 % of the purchase price per estimated year 
of use. If the actual rate of depreciation of 
certain items of equipment or apparatus, or 
parts thereof, is not 20 %, a different rate 
may be considered in exceptional cases, 
provided detailed information is supplied in 
support of the request. The minimum residual 
value may not be less than the scrap or 
secondhand value, assuming the cost of reuse 
to be no more than the latter value. 
(d) Staff 
The information required should be entered in 
the four columns provided, specifying whether 
wages and salaries are paid on an hourly or 
monthly basis. 
(e) III. Operation costs 
State estimated expenditure, itemized by 
category and amount. Item 11 on this list 
refers either to money paid to third parties for the use of specific equipment and/or 
apparatus required for the research in 
question, or to reasonable depreciation on 
equipment and apparatus, not including basic 
equipment, used specifically for this research 
and which has been owned for less than five 
years on the date when the project begins. 
Item 12 refers to approved operating 
expenditure other than under IV, directly 
arising from research activities, such as special 
tests and analyses. 
(f) IV. Expenditure not specified 
Covered by a flat-rate sum usually 
representing 30 % of the staff costs, to take 
account of expenditure other than that 
specified under I, II and III, such as the use of 
common services, workshops, laboratories, 
administrative costs, accounting services, 
secretarial services, documentation, travel and 
sundries. 
— Sum applied for as aid 
— Funding 
Where it is intended that the research should not 
be financed solely by the applicant and by the 
Commission of the European Communities but 
also with contributions from other sources, details 
must be given as to such other contributions as 
are already confirmed, showing in what form and 
on what terms they are provided. 
4. After receiving the application, the Commission 
of the European Communities will consult experts 
bound to secrecy, in order to be fully informed as to 
whether the research project merits support. 
5. If, after considering the opinions of the experts, 
the Commission of the European Communities 
considers that the application merits support, it will 
initiate the procedure for consultation of the Con­
sultative Committee and the procedure for obtaining 
the approval of the Council (') 
6. Having consulted the Consultative Committee 
and obtained the approval of the Council ('), the 
Commission of the European Communities will take 
(') These procedures do not apply to research falling within 
a general programme which has itself received the 
approval of the Council after consultation of the Con­
sultative Committee. 
24.6.82 Official Journal of the European Communities NoC 159/5 
a decision on the application for financial aid. If its 
decision is favourable it will conclude with the 
beneficiary agreement specifying the amount of the 
A. Terms 
7. The scientific, technical and financial 
responsibility for the research falls solely on the 
beneficiary of the aid; financial support by the 
Commission of the European Communities and the 
opinions delivered by the experts which it instructs to 
monitor the progress of the research in no way 
involve the responsibility of the Commission. 
8. The beneficiary must apply the aid granted by 
the Commission of the European Communities solely 
to the research programme agreed upon between 
itself and the Commission, as defined in the research 
agreement. However, the beneficiary may transfer 
funds from one section to another of the estimate, if 
such transfers turn out to be necessary during the 
course of the research, provided that they do not 
change the nature of the project. Any major transfers 
must be notified to the Commission of the European 
Communities and to the committee of experts 
instructed by it to monitor the progress of the 
research work. 
9. The beneficiary of the aid must make every 
effort to complete the research without delay, in 
order to make the findings obtained available to the 
Commission as soon as possible. 
10. The beneficiary must allow the experts 
appointed by the Commission of the European 
Communities every facility to supervise the progress 
of the research and to make known their opinions 
thereon. For their part, and in the interest of the 
research, these experts will place their technical 
experience at the disposal of the beneficiary. 
11. In the course of the research, the beneficiary of 
the aid must send to the Commission of the European 
Communities financial and scientific or technical 
reports in the forms and at the intervals prescribed in 
the research agreement. The beneficiary must comply aid together with the terms and other details relating 
to the award. 
with the deadlines for reports as specified in the 
research agreement. Should he be unable to do so he 
must inform the Commission of the European 
Communities in writing of the reasons for the delay. 
The Commission of the European Communities 
reserves the right to verify, both from supporting 
documents and on the spot, the reasons for 
expenditure incurred; all documents attesting the 
expenditure charged under the research project must 
be preserved by the beneficiary for a period of five 
years after completion ot the research work. 
12. As regards the dissemination of the research 
findings, the beneficiary must comply with the 
requirements set out in Title IV of this communi­
cation and in the Annex hereto. 
13. The agreement will normally stipulate that the 
law governing legal relations between the beneficiary 
and the Commission of the European Communities is 
to be of the beneficiary's country. However, where 
joint research is covered by a single agreement, the 
law applicable will be that of the country where the 
Commission has its seat. 
B. Financing arrangements 
14. Financial aid granted by the Commission of the 
European Communities will take the form of a 
contribution to the total net expenditure incurred by 
the beneficiary for the research work in question. The 
different types of expenditure taken into account as 
research costs are specified in the agreement. 
As a general rule the Commission of the European 
Communities contributes approximately 60 % of the 
estimated total cost of financing the research. The 
extent of the contribution may vary from one project 
to another and will depend in particular on the value 
of the research, on its importance in the context of 
the general objectives and on whether the research is 
initiated by the applicant body or by the Commission. 
15. The terms and procedures for financial 
assistance by the Commission may vary widely from 
one instance to another, as the Commission always III. TERMS AND CONDITIONS OF AID 
No C 159/6 Official Journal of the European Communities 24. 6. 82 
seeks to suit them to the particular features of each 
project financed. 
The following general principles apply: 
(a) The amount of the financial aid stipulated in the 
agreement between the Commission of the 
European Communities and the beneficiary 
represents the maximum amount of the contri­
bution granted by the Commission to cover its 
share of the research expenditure actually 
incurred by the beneficiary in carrying out the 
research during the period specified in the 
agreement. 
By 'research expenditure' the Commission of the 
European Communities means the net 
expenditure actually disbursed by the beneficiary 
being expenditure falling entirely within the cate­
gories of expenditure defined in the agreement. 
The net expenditure is the total expenditure, less 
any sums which may be recovered (such as 
16. Under the last subparagraph of Article 55 (2) 
of the ECSC Treaty, the Commission of the 
European Communities is required to ensure that the 
results of the research which it finances are made 
available to all concerned in the Community. The 
latter (hereinafter referred to as 'persons concerned') 
include all undertakings engaged in production in the 
coal or the steel industry in the Community (see 
Article 80 of the ECSC Treaty). In order to comply 
with the principle set out in the last subparagraph of 
Article 55 (2) of the ECSC Treaty, the Commission is 
compelled to impose certain obligations in the aid 
agreement concluded with beneficiaries. 
These obligations, which are set out in the Annex to 
this communication are explained in the following 
paragraphs. 
17. It may happen that under the general law or by 
special agreement the persons employed by an under­
taking for research work can claim rights over the 
findings of technical research. The beneficiary of aid 
must therefore ensure that it is entitled to dispose 
freely of the research findings in the countries of the 
Community (Article 1). 
18. Steps must be taken to prevent persons or 
undertakings not contributing to the research work 
from claiming possession of the findings of that 
research, filing a claim for industrial property rights 
(patents or utility marks) and thus making it more 
difficult for persons concerned to gain access to these discounts, price reductions, recovery of materials, 
finished products or scrap). 
(b) The payments made by the Commission to the 
beneficiary over the period of the research work 
are to be treated until the accounts for the 
research have been closed as payments on 
account. Such payments nonetheless represent, 
subject to the maximum fixed by the research 
agreement, the Commissions's contribution to the 
research expenditure incurred by the beneficiary 
of the aid. In practice, in addition to paying over 
its share in respect of expenditure already 
disbursed, the Commission is generally prepared 
where the beneficiary so requests to pay six 
months of its share of estimated expenditure in 
advance. 
(c) Save in exceptional cases as specified in the 
research * agreement, the Commission of the 
European Communities does not pay out in toto 
more than 90 % of the total aid payable until the 
accounts for the research have been closed. 
findings. For this purpose, the research findings 
must be: 
— protected by industrial property rights in all 
countries of the Community (Articles 2 and 3); or 
— published (Article 2); or 
— covered by a combination of these two procedures 
(Article 4) (l). 
19. Steps must be taken to make the research 
findings available to all persons concerned. To this 
end the main results of the research must in any case 
be circulated generally to all those potentially 
concerned (Article 5). As regards making the findings 
known to persons actually concerned there are 
various further possibilities: 
— the beneficiary of the aid is required to grant a 
non-exclusive licence to any persons concerned 
who so requests (Article 7 (1)); 
— if there are no industrial property rights, the 
beneficiary of the aid must make the necessary 
findings available to any person concerned who so 
requests (Article 7 (2)); 
— if the beneficiary itself manufactures machines or 
appliances, both those concerned and third parties 
interested in the research results will be entitled to 
acquire them for their own use (Article 9); 
(') It will no longer be necessary to combine these two 
procedures as soon as a uniform patent valid in all 
countries of the Community can be taken out from a 
European patent office. IV. DISSEMINATION OF THE RESEARCH FINDINGS TO ALL INTERESTED BODIES 
IN THE COMMUNITY 
24. 6. 82 Official Journal of the European Communities No C 159/7 
— if other undertakings manufacture machines or 
appliances under licence issued by the beneficiary, 
both those concerned and third parties interested 
in the results will be entitled to acquire them for 
their own industrial use (Article 10). 
20. Steps must be taken to ensure that nothing is 
done to affect right of those concerned to obtain 
licences in accordance with the principles set out in 
point 19. For this reason the Commission of the 
European Communities will in any event be entitled 
to a royalty-free non-exclusive licence authorizing it 
to grant sub-licences as provided in Article 11. 
21. Where the beneficiary, in accordance with the 
principles set out in point 19, grants licences in 
respect of industrial property rights or makes findings 
available, it is entitled to do so either in consideration 
of royalty payments or free of charge. In either case 
any discrimination as between persons concerned 
within the Community is prohibited (Article 8). 
Under the terms of Article 12 the Commission of the 
European Communities will be entitled to a share of 
any royalty or other payment received by the beneficiary in respect of the grant of a licence, the 
communication of research findings or the supply of a 
machine or appliance. 
22. Subject to the provisions set out in Articles 8 
and 12 regarding royalties the beneficiary will be 
entitled to dispose freely of the invention in countries 
which do not belong to the Community (Article 13). 
Since the production resulting from patents for 
processes also includes articles directly produced by 
means of these processes, the acquisition of such 
patents in a non-member country might make it 
impossible to export coal and steel products from the 
Community to that country. The beneficiary of the 
aid is required to grant the requisite licences (Article 
13 (2)) in order to prevent this occurring. 
23. The Court of Justice of the European 
Communities has jurisdiction in respect of all disputes 
arising from the contractual relationship between the 
Commission of the European Communities and the 
beneficiary of the aid (Article 14). 
NoC 159/8 Official Journal of the European Communities 24. 6. 82 
ANNEX I 
COMMISSION 
OF THE EUROPEAN COMMUNITIES 
Directorates General 
V/XII/XVII/XIX For Commission use 
Project No: 
Applicant: 
Cost: 
Aid applied for: 
Place: % 
Date: 
APPLICATION FOR A RESEARCH GRANT 
under Article 55 (2) c of the Treaty establishing the European Coal and Steel Community 
Research programme: 
Field of research: 
Applicant's name and address: 
Title of research project (in full): 
Title of project (abbreviated form): 
— Person to contact: 
Duration of the research project: telephone: 
telex: 
Total cost (in national currency): 
Aims and structure of the research: 
Attach a detailed description, specifying: 
1. aims; 
2. methods and means by which these aims are to be achieved (describe the work planned); 
3. technical, economic and/or social benefits to be gained from the research; 
4. bibliography. 
Attach a summary of no more than 500 words to the project description, in the original 
language with a translation in English, French or German. 
24. 6. 82 Official Journal of the European Communities NoC 159/9 
— Place where the research will be carried out: 
— Other bodies associated with the project: (give name and activity of each body) 
— Planned starting date: 
— Particular details of the research schedule: 
— The research agreement will be concluded between the European Coal and Steel Community 
and: 
(Name ('), address and telephone number of the organization authorized to enter into the 
contract and to receive and make payments in respect of the project.) 
Person authorized to act on behalf of the organization (2): 
(') Enclose statutes of the organization or institute if these have not already been submitted for a previous 
application. 
(') Documentary evidence should be attached or supplied as soon as possible. 
NoC 159/10 Official Journal of the European Communities 24. 6. 82 
ESTIMATE 
I. Equipment and apparatus 
Amounts specifically required for the purchase or construction of equipment and apparatus 
needed for the research project. 
Number Description Purchase price Amortization 
Annual rate 
proposed 
% Total for the 
duration of 
the research 
Sub-total: 
II. Staff 
Gross salaries and statutory and contractual social charges in respect of staff directly employed, 
part-time or full-time, on the research. 
Categories 
Staff with university or 
equivalent training 
Technical staff 
Manual staff employed 
on research Gross salaries 
(hourly or 
monthly rate) Social charges 
in °/o Total for 
the research 
Sub-total: 
24. 6. 82 Official Journal of the European Communities No C 159/11 
III. Operational costs 
Operational costs directly chargeable to the project and occasioned specifically by the research 
activities, such as: 
Description Amount 
1. Raw materials 
2. Minor items of regular consumption 
3. Expendable supplies 
4. Experimental animals and their upkeep 
5. Energy (directly used for the research) 
6. The maintenance or repair of equipment specifically used for the 
research 
7. The transport of equipment or products for and in the course of the 
research 
8. The alteration and transformation of existing equipment to the extent 
necessary for the proper performance of the research work 
9. Subcontracted work and various allowances paid to third parties 
10. Computing services for processing research results 
11. The rent or amortization of equipment specifically used for research .. 
12. Other operational costs: please specify 
Sub-total: 
IV. Expenditure not specified 
A fixed allowance of 30 % of personnel costs as defined under heading II, to cover any other 
costs which may be incurred as a result of the research, and which are not specified under 
headings I to III above, such as: 
Description Amount 
Costs of using joint services, workshops, laboratories 
Administrative costs, accounting, secretariat, documentation 
Travel 
Miscellaneous 
Grand total: 
Funding 
The Community aid applied for is 
The balance will be met by: %, i.e. 
Date Signature 
No C 159/12 Official Journal of the European Communities 24.6.82 
ANNEX II 
OBLIGATIONS OF THE BENEFICIARY AS REGARDS PROTECTION 
DISSEMINATION OF RESEARCH RESULTS AND 
Article 1 
Position towards staff and other collaborators 
1. The beneficiary shall so arrange its legal position 
towards its collaborators (both members of its staff and 
others) as to be able to publish forthwith in the Community 
countries inventions made, experience and knowledge 
acquired by them (hereinafter called 'research results') in 
connection with the research financed by the ECSC, and to 
dispose thereof freely. 
2. The ECSC may release the beneficiary from the 
obligations arising under paragraph 1 where it is not possible 
in law or in fact for the beneficiary to arrange as aforesaid. 
Article 2 
Filing of claim to industrial property rights; publication 
destructive of novelty 
1. If the research results are capable of being protected as 
industrial property, the beneficiary shall forthwith, unless 
there are special reasons which justify delay: 
— apply for a patent in accordance with Article 3 
hereunder, or 
— publish them in such manner that they become an 
integral part of the state of technology in all the 
countries of the Community (publication destructive of 
novelty). 
2. Where application or publication is delayed without 
just cause, the ECSC itself shall be entitled to effect pub­
lication destructive of the novelty of the research results. 
Before doing so it shall hear the beneficiary and independent 
experts. immediately after filing its claim effect publication de­
structive of the novelty of the research results as provided in 
Article 2. 
Article 5 
Dissemination of research results 
1. Within a suitable time of filing the first claim for 
industrial property rights or effecting the publication de­
structive of novelty, the main aspects of the research results, 
even if incomplete or negative, and the procedure that 
should be followed to arrive at them, shall be made known 
by extensive publication in the Community, either by the 
beneficiary or by the ECSC. 
2. If carried out by the beneficiary, the following 
minimum requirements must be observed: 
(a) publication must be effected in specialized journals of 
recognized value and wide circulation; 
(b) the publication must be marked 'Research carried out 
with a financial grant from the European Coal and Steel 
Community' and accompanied by a summary of the 
results; 
(c) the publisher must undertake to provide the ECSC on 
request, against payment, with as many copies of the 
publication as the ECSC shall consider necessary; the 
publisher and the author shall authorize the ECSC to 
circulate such reprints, together, where appropriate, with 
summaries and translations into other languages. 
3. Research results which are not capable of giving rise to 
industrial property rights shall likewise be published in the 
Community by the beneficiary or by the ECSC as soon as 
they have reached a stage suitable for announcement. 
Article 3 
Filing of claim in all Community countries 
1. If the beneficiary wishes to obtain industrial property 
rights to protect the research results, it must so far as is 
legally possible acquire such rights in all the Community 
countries. After a European patent office has been 
established, the beneficiary must file a claim, or a fresh 
claim, with that office during the priority period. 
2. The ECSC shall contribute to the costs of applying for, 
preserving and defending the patents, and to the payment of 
appropriate royalties to the inventors, in the same pro­
portion as it contributed to the financing of the research. 
Article 4 
Filing of claim in some Community countries 
If, in derogation of the principles of Article 3, the 
beneficiary does not wish or is unable to claim rights of 
industrial property in all the Community countries, it must Article 6 
Transfer of rights 
The beneficiary may transfer rights in the research results or 
grant exclusive licences in respect of industrial property 
rights within the Community only with the consent of the 
ECSC. The ECSC shall give its consent where it has full 
assurance that the beneficiary's obligations regarding 
dissemination of the research results will be met. 
Article 7 
Direct exploitation of the research results: 
granting of licences and dissemination of information to 
persons concerned 
1. Where the beneficiary has obtained final or provisional 
industrial property rights in respect of the research results, it 
shall grant to any person concerned who shall so request 
non-exclusive licences for such person's own use, and shall 
place at such person's disposal for his own use the 
24.6.82 Official Journal of the European Communities NoC 159/13 
experience obtained and improvements to be obtained 
thereafter in the field to which the licence pertains, in­
cluding experience and improvements obtained as provided 
in paragraph 4 hereunder. 
2. Where the beneficiary has not applied for or obtained 
rights of industrial property in respect of the research 
results, it shall place the research results at the disposal of 
any person concerned who shall so request for such person's 
own use, and shall likewise place the experience obtained 
and the improvements to be obtained thereafter in the field 
in question. 
3. Where exploitation of the research results as provided 
in paragraphs 1 and 2 can be effected only simultaneously 
with the exploitation of other rights of industrial property 
previously acquired by the beneficiary (prior patents), the 
beneficiary shall also grant licences in respect of such rights 
to the persons concerned. 
4. The beneficiary shall arrange with the persons 
concerned when granting licences and information as 
provided in paragraphs 1 to 3 that information relating to 
experience obtained and improvements to be obtained 
thereafter in the field in question are to be exchanged 
between the parties. 
Article 8 
Royalties 
1. In performing its obligations under Article 7 the 
beneficiary shall be at liberty to grant licences and infor­
mation to persons concerned in the Community royalty-free 
or for valuable consideration. If it elects to grant royalty-
free licences and information it may stipulate for payment of 
its expenses. 
(a) If it elects to charge no royalty, it shall be entitled to 
receive all royalties accruing outside the Community. 
(b) If it elects to charge royalties, it shall share with the 
ECSC as provided in Article 12 the aggregate proceeds 
accruing inside and outside the Community. 
2. In fixing the amount of the royalty there shall be no 
discrimination among the persons concerned. In this 
connection the licences and information referred to in 
Article 7 (1) and the information referred to in Article 7 (2) 
shall, in so far as they relate to the same techniques, be 
treated as considerations of equal value. 
3. Save where special circumstances justify the making of 
an exception, the royalty shall not exceed the amount which 
persons not concerned are required to pay for like licences 
and information. 
Article 9 
Indirect exploitation of the research results: 
manufacture and sale of machines or appliances by the 
beneficiary 
1. If the beneficiary itself manufactures for sale machines 
or appliances on the basis of the research results whether 
protected or unprotected, it shall be obliged to supply them 
without discrimination, by way of sale, lease or hire, to any 
person concerned for his own use. The price charged shall 
not be disproportionate and shall not, save where special circumstances justify the making of an exception, exceed the 
amount which persons not concerned are required to pay for 
the same. 
2. If the beneficiary is unable or unwilling to execute 
orders within a reasonable delay, it shall grant licences to 
one or more other competent manufacturers selected by it 
within the territory of the Community and shall 
communicate to them the experience needed to execute the 
said orders. 
Article 10 
Indirect exploitation of the research results: 
manufacture and sale of machines and appliances by other 
undertakings 
If the research results consist of inventions or experience for 
the making of machines or appliances which the beneficiary 
itself is unable or unwilling to manufacture for sale, it shall 
grant licences to one or more competent manufacturers 
selected by it within the territory of the Community to 
ensure manufacture thereof and shall communicate to them 
the experience needed. Such manufacturer or manufacturers 
shall then undertake to supply the machines or appliances 
without discrimination, by way of sale, lease or hire to 
persons concerned for their own use. The price charged 
shall not be disproportionate and shall not, save where 
special circumstances justify the making of an exception, 
exceed the amount which persons not concerned are 
required to pay for the same. 
Article 11 
Licences in favour of the ECSC 
1. To ensure due performance of its obligations under 
Articles 7, 9 and 10, the beneficiary shall grant to the ECSC 
royalty-free non-exclusive licences in respect of all industrial 
property rights for which the beneficiary has obtained 
protection in the Community countries, and such licences 
shall confer the right to grant the sub-licences referred to 
below. 
2. On the basis of the licences aforesaid the ECSC may 
grant sub-licences to persons concerned where the 
beneficiary agrees with it that the applicant for a licence 
qualifies as a 'person concerned' but nevertheless refuses to 
grant a licence in accordance with Article 7. The ECSC shall 
notify the beneficiary not less than four weeks before 
granting the sub-licence. 
3. In granting sub-licences, the ECSC shall adhere to the 
terms normally adopted by the beneficiary when granting 
licences in respect of the industrial property rights in 
question. For this purpose the ECSC shall request the 
beneficiary to inform it of these terms within four weeks. If 
the beneficiary does not comply within that period, the 
ECSC shall settle the terms as it thinks fit. Any royalty 
agreed upon in connection with the sub-licence shall be paid 
direct to the beneficiary after deduction of the ECSC's 
expenses. 
4. If the ECSC and the beneficiary do not agree as to 
whether the applicant for a licence qualifies as a 'person 
concerned', this matter, in accordance with Article 14, must 
first be decided by the Court of Justice of the European 
No C 159/14 Official Journal of the European Communities 24. 6. 82 
Communities. If the Court of Justice finds that the applicant 
qualifies as a 'person concerned', the ECSC may then grant 
sub-licences as provided in paragraphs 2 and 3. 
5. If the beneficiary does not fulfil its undertaking to 
grant licences to other manufacturers as provided in Article 
9 (2) or Article 10, the ECSC may then grant sub-licences to 
those concerned and communicate to them the experience 
necessary to enable them to make, or to cause to be made by 
others, machines or appliances for their own use. Paragraphs 
2, 3 and 4 shall apply by analogy. 
Article 12 
The ECSC share of royalties 
1. Where royalties accrue to the beneficiary from the 
grant of licences in respect of rights of industrial property or 
the communication of experience (Article 7 and Article 11 
(3)), the ECSC shall be entitled to the following share of the 
amount payable: 
— there shall first be repaid to the parties to this Agreement 
the costs of applying for, preserving and defending the 
rights of industrial property, and where appropriate a 
suitable amount by way of inventor's remuneration; 
— from the balance, which shall be calculated for each 
calendar year, the ECSC shall receive a share pro­
portionate to the amount of its contribution to the 
invention in question as against the contribution of the 
beneficiary (personnel and equipment costs, technical 
experience made available for the research). 
2. Paragraph 1 shall apply by analogy where the 
beneficiary grants to other manufacturers, as provided in 
Article 9 (2) or Article 10, licences for the manufacture and 
sale of machines or appliances. 
3. Where the beneficiary itself manufactures machines or 
appliances and supplies them to those concerned in the 
Community (Article 9), the ECSC shall be entitled to a 
share in the profits. In determining that share due account 
shall be taken of the amount of its contribution to the 
development of the machines or appliances in question. 
4. The share of the ECSC in royalties or profits 
(paragraphs 1 to 3) shall be fixed by agreement between the 
parties to this Agreement within six months after completion 
of the research. Failing agreement within that period the 
Court of Justice of the European Communities shall 
determine the matter as provided in Article 14. Article 13 
Filing in non-Community countries of claim to industrial 
property rights 
1. The beneficiary shall be at liberty to file, or not to file, 
claims to rights of industrial property in countries outside 
the Community, and to determine to what extent and for 
how long they shall be effected. 
2. Where such industrial property rights constitute an 
impediment to the export of products from the Community's 
coal and steel industries, the beneficiary shall obviate such 
impediment by granting the requisite licences. If the 
beneficiary transfers an industrial property right acquired 
outside the Community, or grants an exclusive licence in 
respect of any such right, it must impose like obligations 
upon the transferee or licensee. Article 8 (1) and (3) shall 
apply. 
3. The costs of applying for, preserving and defending 
rights of industrial property in countries outside the 
Community shall be borne solely by the beneficiary. 
Nevertheless, where proceeds accruing from the grant of 
licences or information in such countries are shared between 
the beneficiary and the ECSC as provided in Article 8 (1) 
(b), the provisions of Article 12 (1) (in particular with 
respect to repayment of such costs) shall apply. 
Article 14 
Jurisdiction of the Court of Justice 
1. It shall be provided in contracts for the grant of 
financial aid that the ECSC and the beneficiary accept that 
the Court of Justice of the European Communities is to have 
jurisdiction, pursuant to Article 42 of the ECSC Treaty, in 
respect of all disputes arising out of any such contract. 
2. The like provision shall be inserted by the ECSC in 
such contracts as it shall conclude under Article 11 (2) to (5) 
of this Annex. The same shall also be agreed with persons or 
undertakings subrogated to the obligations of the beneficiary 
upon acquiring rights arising out of inventions or rights of 
industrial property (Articles 6 and 13). 
Article 15 
Area of territorial application 
For the purpose of determining which countries are 
Community countries and, accordingly, which persons are 
'persons concerned in the Community' account shall be 
taken of any changes which take place in this respect after 
conclusion of the contract for the grant of aid.