Source: EURLEX
Language: en
Format: md

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###### COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 10.11.1998

COM(1998) 654 final

97/0309 (SYN)

COMMUNICATION FROM THE COMMISSION

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##### concerning the re-examination of the Commission proposal on the basis of which the Council adopted its common position 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)

(presented by the Commission pursuant to Article 189 c (d)
of the EC Treaty)

In accordance with Article 189 C, point d, of the EC Treaty, the purpose of this
Communication is to set out the results of the re-examination of the Commission

proposal on the basis of which the Council adopted its common position on 10 July 1998,
taking into account the amendments proposed by the European Parliament on second
reading on 8 October 1998. lis purpose is also to forward to the Council the European
Parliament amendments that the Commission has not accepted, giving its opinion on
them.

The Commission proposal of 15 December 1997 concerns the participation and
dissemination rules which are intended to supplement, alongside the RTD framework
programme and the specific programmes which they implement, the Segal structure of
Community research and technological development policy.

Re-examination of the Commission proposal

As indicated in its Communication to the European Parliament, of 14 July 1998,
concerning the Council common position with a view to the adoption of 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) [SEC(98) 1205],
on 22 June 1993 the Commission endorsed the Council draft which led to the common

position.

For the reasons given below, the Commission is unable to accept the following
amendments adopted by the European Parliament at its plenary session on
8 October 1998 and following re-examination it is maintaining its proposal which is
identical to the common position.

European Parliament amentinients to the common position

 - No Î (Article 4 - Cluster of SMEs and one large enterprise): SMBs are entitled to
participate in indirect RTD actions just like any other legal entity.

 - No 2 (Article 5 - Exception to the requirement that an enterprise must have been
operational for at least one year in order to qualify for Community subsidies): The
Article in question makes no mention of any rule as regards how long an enterprise
must have been in existence, and "start-up companies" (entities'on the point of
exercising an RTD activity) can also participate.

 - No 3 (Article 8 - Advance financing- of innovative projects): This Article is not
intended to determine the point in time when the contribution is paid but simply
concerns the conditions concerning the resources which participants must have.
Advance financing should also be seen in conjunction with the question of the
payment of the advance.

**•**

No 4 (Article 10 - Agreement of the partners during the negotiation stage and
submission of a new proposal if the contract is not signed within a fixed deadline): A
fixed deadline might not be sufficiently flexible. In addition, it might be inappropriate
to make provision for a simple option, that is already encountered in practice, in a
legally binding text.

No 5 (Article 12 - Contribution to the dissemination, use and alteration of innovative
projects carried out in a rapidly changing market): The detailed rules for
dissemination and use should be specified at the level of technological
implementation. In addition, the contracts will contain provisions enabling
supplementary agreements to be concluded.

No 6 (Article 15 - Extending the cases of ownership of knowledge by the
Community): Certain indirect RTD actions would fall into a legal vacuum; the
Commission also feels that results should only be its property if it has borne the full

costs.

No 7 (Article 20 - Electronic data communication) : This would introduce a routine
administrative rule into a text of principle ; the Commission already makes use of this
possibility in practice.

Nos 8 and 9 (Articles 22 and 22a - Protection of the Community's financial interests):
The Commission favours sectoral legislation specific to research and intends to make
provision both for contractual penalties and a recital in this connection in the specific
programmes, as called for by the European Parliament.

No 10 (Article 23a- Facilitating participation in projects): This would introduce a
routine administrative rule into a text of principle ; moreover, the Commission is
encouraging the establishment of assistance networks.

No 11 (Article 23b - Reasoned decisions): This is already covered by the EC Treaty.

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###### **ISSN 0254-1475**

## **COM(98) 654 final**

# **DOCUMENTS**

#### **EN 15 08 16 01** **Catalogue number : CB-CO-98-654-EN-C**

**Of** Of **fice lor** **Official Publications of the** **European Communities**

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