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# 51998AP0188

**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 dissemination of research results for the implementation of the fifth framework programme of the European Community (1998 to 2002) (COM(97)0587/2 - C4- 0015/98 97/0309(SYN))(Cooperation procedure: first reading)** 
  
*Official Journal C 195 , 22/06/1998 P. 0022*

  

A4-0188/98

Proposal for 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 to 2002) (COM(97)0587/2 - C4-0015/98 - 97/0309(SYN))

The proposal was approved with the following amendments:

(Amendment 3)

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 4)

Article 5(2a) (new)

>Original text>

>Text following EP vote>

2a. 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 5)

Article 8(1), first 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 6 months,

(Amendment 6)

Article 9(1)

>Original text>

1. Indirect RTD actions other than accompanying measures shall be the subject of calls for proposals published in the Official Journal of the European Communities. The calls for proposals may be preceded by a call for expressions of interest of an informative nature.

>Text following EP vote>

1.

Indirect RTD actions other than accompanying measures shall be the subject of calls for proposals published in the Official Journal of the European Communities and made available electronically.

(Amendment 8)

Article 10(4a) and (4b) (new)

>Original text>

>Text following EP vote>

4a. 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>

4b. 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 9)

Article 10(4c) (new)

>Original text>

.

>Text following EP vote>

4c. The interval between the deadline for submitting projects and the decision on their eligibility must not exceed four months.

(Amendment 10)

Article 11(3), 3rd 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 RTD. 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 11)

Article 12, 2nd 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 12)

Article 15(2), second subparagraph

>Original text>

As a general rule, knowledge resulting from work carried out under indirect RTD actions the full cost of which is not borne by the Community shall 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>

As a general rule, knowledge resulting from work carried out under indirect RTD actions

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

(Amendment 13)

Article 20(2), (3) and (3a) (new)

>Original text>

2. The technological implementation plan shall reflect the broad outlines of the dissemination and use plan evaluated along with the original proposal, presented to the Commission, for participating in indirect RTD actions. Its contents shall be assessed with regard to the interests of the Community and of the contractors.

>Text following EP vote>

2.

The technological implementation plan should in principle reflect the broad outlines of the dissemination and use plan, but may, particularly in the case of highly innovative projects carried out in a rapidly changing market, be adjusted in the light of changes in circumstances.

>Original text>

3. The contractors shall inform the Commission of any action taken on this technological implementation plan. They shall justify any subsequent change in the plan.

>Text following EP vote>

3.

The contractors shall inform the Commission of any action taken on this technological implementation plan. They shall justify any subsequent change in the plan.

>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 and thereby moreover encouraging mutual communication among users.

(Amendment 14)

Article 22

>Original text>

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

(Amendment 15)

Article 22a (new)

>Original text>

>Text following EP vote>

Article 22a

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.

(Amendment 16)

Article 23a (new)

>Original text>

>Text following EP vote>

Article 23a

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 17)

Article 23b (new)

>Original text>

>Text following EP vote>

Article 23b

Information

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 18)

Article 23c (new)

>Original text>

>Text following EP vote>

Article 23c

Reasoned decisions

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

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 dissemination of research results for the implementation of the fifth framework programme of the European Community (1998 to 2002) (COM(97)0587/2 - C4-0015/98 - 97/0309(SYN))(Cooperation procedure: first reading)

The European Parliament,

- having regard to the proposal from the Commission to the Council, COM(97)0587/2 - 97/0309(SYN) ((OJ C 40, 7.2.1998, p. 14.)),

- having been consulted by the Council pursuant to Articles 189c and 130o, second paragraph, of the EC Treaty (C4-0015/98),

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

- having regard to the report of the Committee on Research, Technological Development and Energy and the opinion of the Committee on Culture, Youth, Education and the Media (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 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

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

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

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