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# 51998AP0324

**Decision on the common position adopted by the Council with a view to adopting a Council Decision concerning the rules for the participation of undertakings, research centres and universities and for the dissemination of research results for the implementation of the Fifth Framework Programme of the European Community (1998-2002) (C4-0419/98 97/0309 (SYN) )(Cooperation procedure: second reading)** 
  
*Official Journal C 328 , 26/10/1998 P. 0157*

  

A4-0324/98

Decision on the common position adopted by the Council with a view to adopting a Council Decision concerning the rules for the participation of undertakings, research centres and universities and for the dissemination of research results for the implementation of the Fifth Framework Programme of the European Community (1998-2002) (C4-0419/98 - 97/0309 (SYN))(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0419/98 - 97/0309(SYN),

- having regard to its opinion at first reading ((Minutes of the sitting of 28.5.1998, Part II, Item 7. )) on the Commission proposal to the Council COM(97)0587/2 ((OJ C 40, 7.2.1998, p. 14.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Research, Technological Development and Energy (A4-0324/98),

1. Amends the common position as follows;

2. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Article 4(2a) (new)

>Original text>

>Text following EP vote>

2a. Indirect RTD actions may be performed by a cluster of SMEs and one large enterprise, one or more of which may be established in different EU Member States or in an associated State.

(Amendment 2)

Article 5(4a) (new)

>Original text>

>Text following EP vote>

4a. Particularly in the case of highly innovative and rapidly changing innovative projects, such as the information society technology projects, an exception may be made to the rule that an enterprise must have been operational for at least one year in order to be eligible for EU financing. In that case, it shall be sufficient for newly established enterprises to submit a description of the CVs and experience of the staff.

(Amendment 3)

Article 8(1), 1st indent

>Original text>

- when filing its proposal for an indirect RTD action, have at least the potential resources needed for carrying it out,

>Text following EP vote>

-

when filing its proposal for an indirect RTD action, have at least the potential resources needed for carrying it out, with the proviso that in the case of highly innovative projects in a rapidly changing market, the advance financing of the project by a consortium must never continue for longer than six months,

(Amendment 4)

Article 10(3a) and (3b) (new)

>Original text>

>Text following EP vote>

3a. During the preparatory stage, after submission of the project on the basis of the call by the Commission, the consortium partners may already negotiate with one another about legal and contractual obligations in order to avoid wasting time.

>Original text>

>Text following EP vote>

3b. If, after approval of the contract establishing the consortium by the Commission, the consortium partners are unable to sign the definitive contract within four months, the Commission shall withdraw approval and the consortium shall resubmit its application under the procedure for the next call.

(Amendment 5)

Article 12(1a) (new)

>Original text>

>Text following EP vote>

1a. The contract shall also lay down what contribution the consortium must make to the dissemination and use of the research results secured. The contract shall also stipulate the output criteria with which a project must comply. For highly innovative projects carried out in a rapidly changing market, it shall also stipulate how the project can be altered while in progress if there are grounds for such alteration, without the approval procedure having to be repeated.

(Amendment 6)

Article 15(2), 3rd subparagraph

>Original text>

Knowledge resulting from work carried out under other indirect RTD actions the full cost of which is not borne by the Community shall, as a general rule, be the property of the contractors who have carried out the work, including, where applicable, the Community, pursuant to Article 7.

>Text following EP vote>

Knowledge resulting from work carried out under other indirect RTD actions

up to 50% of the cost of which is borne by the Community shall, as a general rule, be the property of the contractors who have carried out the work, including, where applicable, the Community, pursuant to Article 7.

(Amendment 7)

Article 20(3a) (new)

>Original text>

>Text following EP vote>

3a. In drawing up the dissemination and use plan, account shall also be taken of the possibility of making the data available electronically, thereby also encouraging mutual communication among users.

(Amendment 8)

Article 22

>Original text>

The detailed rules for applying Articles 4, 8, 11 and 14 to 20 shall be drawn up and amended as necessary in accordance with the procedure provided for in Article 23.

>Text following EP vote>

The detailed rules for applying Articles 4, 8, 11

, 14 to 20 and 22a shall be drawn up and amended as necessary in accordance with the procedure provided for in Article 23.

(Amendment 9)

Article 22a (new)

>Original text>

>Text following EP vote>

Article 22a

Protection of the Communities' financial interests and measures to combat fraud

1. Before conclusion of a contract, the Commission shall always check whether the contracting party (project participant) is reliable and may reject contractors deemed to be unreliable; where doubts arise concerning reliability, the contracting party shall be rejected. No payments may be made to contracting parties under research contracts in so far as and for so long as the latter remain in default with regard to the fulfilment of financial obligations to the Community.

>Original text>

>Text following EP vote>

2. If during the financial inspections serious failings or accounting or contractual irregularities are found, the Commission shall use its discretionary power/duty to suspend payment of instalments to the project in question and not to finance any further participation by the undertaking concerned until the inspection procedure has been completed; in the event of serious violations, no further payment may be made in respect of unfulfilled obligations; the contracting party concerned shall be debarred from further participation in Community research programmes.

>Original text>

>Text following EP vote>

3. The protection of the Communities' financial interests shall be ensured pursuant to Regulation (EC, Euratom) No 2988/95 on the protection of the European Communities' financial interests(1).

>Original text>

>Text following EP vote>

4. The Commission may impose administrative penalties on contractors who fail to comply with the financial provisions, pursuant to Regulation (EC, Euratom) No 2988/95.

\_\_\_\_\_\_\_\_\_\_

(1) OJ L 312, 23.12.1995, p. 1.

(Amendment 10)

Article 23a (new)

>Original text>

>Text following EP vote>

Article 23a

Facilitating participation in projects

Infodesks shall be set up to help provide contractors from the Member States of the Community with all necessary information on programmes in the Community languages.

(Amendment 11)

Article 23b (new)

>Original text>

>Text following EP vote>

Article 23b

Reasoned decisions

The Commission shall undertake to provide in writing substantive, detailed reasons for acceptance or rejection.

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