Proposal for a Council Decision concerning the rules for the dissemination of the research results from the specific programmes of research, technological development and demonstration of the European Community (94/C 81/09) (Text with EEA relevance) COM(94) 12 final - 94/0013 (SYN)

(Submitted by the Commission on 18 February 1994)

THE COUNCIL OF THE EUROPEAN UNION

Having regard to the Treaty establishing the European Community, and in particular Article 130o (2) thereof,

Having regard to the proposal from the Commission,

In cooperation with the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas Title XV of the Treaty foresees a coherent framework of provisions for a common policy on research and technological development;

Whereas Article 130f of the Treaty states that the Community shall encourage undertakings, including small or medium size undertakings, research centres and universities in research and technological development activities and shall support their efforts to cooperate with one another;

Whereas Article 130i of the Treaty lays down that a multiannual framework programme shall set out all the activities of the Community in the field of research, technological development and demonstration (hereinafter referred to as 'RTD`);

Whereas Article 130j of the Treaty states that in the implementation of the multiannual framework programme, the Council shall lay down the rules governing the dissemination of research results;

Whereas Article 130i of the Treaty states that this framework programme shall be implemented by specific RTD programmes adopted in accordance with the provisions of paragraph 4 of this Article;

Whereas the activities for the dissemination of knowledge resulting from the specific programmes, shall be carried out in a coherent and coordinated manner;

Whereas such coherence must be based on general rules which guarantee the protection of legitimate interests of the public and private Contracting Parties and of rights linked to obtaining and exploiting the RTD results, as well as their exploitation in conformity with the interests of the Community, in particular, with respect to its economic and social cohesion;

Whereas Article 130m of the Treaty states that in implementing this framework programme the Community may cooperate in RTD with third countries and international organisations; whereas the framework programme for 1994 to 1998 foresees such cooperation;

Whereas such cooperation shall take account of the third States being parties to the Agreement on the European Economic Area, the countries of central and eastern Europe, the States which have emerged from the former Soviet Union, and developing countries;

Whereas such cooperation may include the association of certain States with all or part of RTD programmes through appropriate agreements;

Whereas it is necessary to enable certain RTD programmes to detail or complement the arrangements, foreseen by the present Decision, for the dissemination of RTD results to the extent strictly essential for implementing objectives or measures specific to those programmes;

Whereas RTD activities shall be implemented in accordance with the principles of sound financial management and in particular those of economy and cost effectiveness as provided for in the Financial Regulation applicable to the general budget of the European Communities,

HAS ADOPTED THIS DECISION

Article 1

1. For the implementation of specific RTD programmes adopted in accordance with Article 130i (4) of the Treaty, the following rules, whilst respecting pre-existing rights, shall apply to the dissemination and exploitation of knowledge (hereinafter referred to as 'knowledge` resulting from the specific RTD programmes:

(a) the knowledge resulting from work undertaken directly or the cost of which is wholly supported by the Community shall, in principle, be the property of the Community.

The knowledge resulting from work under a shared cost contract shall be the property of the contractors who carry out the work (hereinafter referred to as 'the contractors`). They shall agree between themselves on particular arrangements for such ownership;

(b) knowledge which could be used in an industrial or commercial application, shall be protected, if its nature justifies such a measure, in any appropriate form to the extent required in the light of the interests of the Community and the contractors and in accordance with any applicable legislation or convention;

(c) the Community and the contractors shall be required to exploit the knowledge in their possession, or have it exploited, in conformity with the interests of the Community, in particular, taking account of:

- the objectives of strengthening the international competitiveness of Community industry and the economic and social cohesion in the Community, and

- the promotion of research activities deemed necessary for other Community policies, and

- the existence of scientific and technical cooperation agreements between the Community and non-Community states, or international organisations;

(d) knowledge belonging to the Community should be made available to the contractors and to interested third parties which are established in the Community or third States associated, wholly or in part, with the implementation of the relevant programme through an agreement concluded between the Community and the relevant non-Community State, and which undertake to exploit it, or have it exploited in conformity with the interests of the Community. Such provisions and knowledge may be subject to appropriate conditions, particularly concerning the payment of fees.

The contractors shall make the knowledge in their possession, together with any information necessary for its use, available to each other and to interested third parties under contractually defined conditions, provided that the interests of the Community and the legitimate interests of the contractors are safeguarded;

(e) the Commission shall ensure that knowledge suitable for dissemination according to the contractual terms is disseminated or published either by the Commission itself, or by the contractors, without any restriction other than those imposed by the need to safeguard intellectual and industrial property, confidentiality or legitimate commercial interests.

2. The Commission shall lay down the arrangements for implementing the rules laid down in the first paragraph.

Article 2

These rules may only be set out in more detail or complemented within the specific RTD programmes to the extent strictly essential for fulfilling objectives or measures specific to the relevant programme and in accordance with the conditions set out in the decision adopting the programme.

Article 3

This Decision is addressed to the Member States. It shall apply to RTD actions adopted by the Council after the multiannual framework programme 1994-1998 enters into force and shall apply until it is replaced by another Decision of the Council based on Article 130j of the Treaty.