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# 51998AP0188(01)

**Legislative resolution embodying Parliament's opinion on the proposal for a Council Decision concerning the rules for the participation of undertakings, research centres and universities and for the implementation of the fifth framework programme of the European Atomic Energy Community (Euratom) (1998 to 2002) (COM(97)0587/2 - C4-0016/98 97/ 0310(CNS))(Consultation procedure)** 
  
*Official Journal C 195 , 22/06/1998 P. 0027*

  

Proposal for a Council Decision concerning the rules for the participation of undertakings, research centres and universities and for the implementation of the fifth framework programme of the European Atomic Energy Community (Euratom) (1998 to 2002) (COM(97)0587/2 - C4-0016/98 - 97/0310(CNS))

The proposal was approved with the following amendments:

(Amendment 19)

Article 3(2a) (new)

>Original text>

>Text following EP vote>

2a. Indirect RTDT 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 21)

Article 7(1), first indent

>Original text>

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

>Text following EP vote>

-

when filing its proposal for an indirect RTDT 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 6 months;

(Amendment 22)

Article 8(1), 1st subparagraph

>Original text>

1. As a general rule, indirect RTDT actions other than accompanying measures shall be the subject of calls for proposals, to be published in the Official Journal of the European Communities. The calls for proposals may, where appropriate, be preceded by a call for expressions of interest of an informative nature.

>Text following EP vote>

1.

As a general rule, indirect RTDT actions other than accompanying measures shall be the subject of calls for proposals, to be published in the Official Journal of the European Communities and made available electronically.

(Amendment 23)

Article 8(3), second subparagraph (new)

>Original text>

>Text following EP vote>

All cooperation agreements of this kind shall be submitted to the European Parliament.

(Amendment 24)

Article 9(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 4 months, the Commission shall withdraw approval and the consortium shall resubmit its application under the procedure for the next call.

(Amendment 25)

Article 9(3c) (new)

>Original text>

.

>Text following EP vote>

3c. The interval between the deadline for submitting projects and the decision on their eligibility must not exceed four months;

(Amendment 26)

Article 10(3) third subparagraph (ba) (new)

>Original text>

>Text following EP vote>

(ba) fixed composite rates to cover some or all of the usual resources for carrying out RTDT. The definition of these rates shall take account of differences between types of legal entities and activities within Member States, and, where available and appropriate, of national rates applicable to similar activities.

(Amendment 27)

Article 11, second paragraph (new)

>Original text>

>Text following EP vote>

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 28)

Article 13

>Original text>

The Commission shall lay down the detailed rules for applying Articles 3, 7 and 10.

>Text following EP vote>

The Commission shall lay down the detailed rules for applying Articles 3, 7, 10

and 13c.

(Amendment 29)

Article 13a (new)

>Original text>

>Text following EP vote>

Article 13a

Facilitating participation in projects

>Original text>

>Text following EP vote>

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 30)

Article 13b (new)

>Original text>

>Text following EP vote>

Article 13b

Information

>Original text>

>Text following EP vote>

The Commission shall use computer technologies such as websites to provide full information in all Community languages concerning expressions of interest and invitations to tender; it shall take all necessary measures, including the use of specific brochures and the setting up of an administrative assistance unit, to ensure that information on the programme rules is readily available to interested SMEs, research centres and universities.

(Amendment 32)

Article 13c (new)

>Original text>

>Text following EP vote>

Article 13c

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

>Original text>

>Text following EP vote>

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) 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 which fail to comply with the financial provisions, pursuant to Regulation (EC, Euratom) 2988/95.

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

Legislative resolution embodying Parliament's opinion on the proposal for a Council Decision concerning the rules for the participation of undertakings, research centres and universities and for the implementation of the fifth framework programme of the European Atomic Energy Community (Euratom) (1998 to 2002) (COM(97)0587/2 - C4-0016/98 - 97/0310(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(97)0587/2 - 97/0310(CNS) ((OJ C 40, 7.2.1998, p. 22.)),

- having been consulted by the Council (C4-0016/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Research, Technological Development and Energy (A4-0188/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 119, second paragraph of the Euratom Treaty;

3. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

4. Instructs its President to forward this opinion to the Council and Commission.

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