Article 11 
Appointment of independent experts 1. The Commission shall designate independent experts to assist with the evaluation required under the sixth framework programme and the specific programme, and also for the assistance referred to in Article 10(6) and the second subparagraph of Article 18(1). It may, in addition, set up groups of independent experts to advise on the implementation of Community research policy. 2. The Commission shall appoint the independent experts in accordance with one of the following procedures: (a) the independent experts appointed by the Commission for the evaluations provided for in Articles 5 and 6 of the sixth framework programme and Article 7(2) of the specific programme shall be very high-ranking individuals from the fields of science, industry or politics with significant experience in research, research policy or research programme management at national or international level; (b) the independent experts appointed by the Commission to assist in the evaluation of proposals for networks of excellence and integrated projects and in the monitoring of the projects selected and carried out shall be individuals from the fields of science, industry and/or with experience in the field of innovation and also with the highest level of knowledge and who are internationally recognised authorities in the relevant specialist area; (c) the independent experts appointed by the Commission to form the groups referred to in the second subparagraph of paragraph 1 shall be professionals renowned for their knowledge, skills and top-level experience in the field or regarding the issues to be dealt with by the group; (d) for cases other than those covered by points (a), (b) and (c), and in order to take the various operators in the research sector into consideration in a balanced manner, the Commission shall appoint independent experts with skills and knowledge appropriate to the tasks assigned to them. To this end, it shall rely on calls for applications from individuals or calls addressed to research institutions with a view to establishing lists of suitable candidates, or may, if it deems appropriate, select any individual with the appropriate skills from outside the lists. 3. When appointing an independent expert, the Commission will ensure that the expert is not faced with a conflict of interests in relation to the matter on which he is required to give an opinion. To this end, the Commission shall require experts to sign a declaration to the effect that there is no such conflict of interest at the time of their appointment and undertaking to inform the Commission if one should arise in the course of their duties. Article 12 Contracts and consortium agreements 1. The Commission shall conclude a contract for each proposal selected for an indirect action. This contract shall be drawn up in accordance with the provisions of the sixth framework programme, and in accordance with this Regulation, taking into account the characteristics of the various instruments concerned. The Commission, after conferring with interested parties from the Member States and the associated States, will prepare a model contract to facilitate the drawing up of contracts. 2. The contract shall establish the rights and obligations of participants in accordance with this Regulation, and in particular the provisions for the scientific, technological and financial monitoring of the indirect action, for the updating of its objectives, for changes in consortium membership, for the payment of the Community financial contribution and, if applicable, conditions for the eligibility of any necessary expenditure. The contract shall establish rules for dissemination and use of knowledge and results in accordance with Title II, Chapter 2 of the Treaty. The contract, which shall be concluded between the Commission and all participants in an indirect action, shall enter into force on signature by the Commission and the coordinator. The other participants identified in the contract shall accede to it in accordance with its terms and shall enjoy the rights and take on the obligations of participants. Any participant joining an ongoing indirect action shall accede to the contract and enjoy the rights and take on the obligations of participants towards the Community. 3. In order to ensure the protection of the financial interests of the Community, appropriate penalties shall be included in the contracts, as defined, inter alia, in Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests(7). 4. Participants in an indirect action shall conclude a consortium agreement, unless otherwise specified in the call for proposals. The Commission shall publish non-binding guidelines on points that may be addressed by the consortium agreement, such as: (a) the internal organisation of the consortium; (b) intellectual property rights' arrangements; (c) settlement of internal disputes, pertaining to the consortium agreement. To this end the Commission shall confer with interested parties from the Member States and the associated States. Article 13 Execution of indirect actions 1. The consortium shall implement the indirect action and shall take all necessary and reasonable measures to that end. The Community financial contribution shall be paid to the coordinator. The coordinator shall administer the Community financial contribution regarding its allocation between participants and activities in accordance with the contract and with decisions taken by the consortium according to the internal procedures established in the consortium agreement. Participants shall inform the Commission of any event, including modification of the consortium agreement, which might affect the implementation of the indirect action and the rights of the Community. 2. Technical implementation of the indirect action shall be the collective responsibility of the participants. Each participant shall also be liable for the use of the Community financial contribution in proportion to their share of the project up to a maximum of the total payments they have received. Should a participant breach the contract and should the consortium not make good this breach, the Commission may, as a last resort and if all other approaches have been explored, hold the participants liable under the following conditions: (a) independently of the appropriate action it shall take against the defaulting participant, the Commission shall require the remaining participants to implement the indirect action; (b) should implementation be impossible or should the remaining participants refuse to comply with subparagraph (a), the Commission may terminate the contract and recover the Community financial contribution. When investigating the financial disadvantage, the Commission shall take into account the work already undertaken and results obtained, thereby establishing the debt; (c) as regards the part of the debt established in accordance with point (b) that is owed by the defaulting participant, the Commission shall distribute it among the remaining participants, on the basis of each participant's share of the expenses accepted and up to the amount of the Community financial contribution each participant is entitled to receive. Where a participant is an international organisation, a public body or a legal entity whose participation in the indirect action is guaranteed by a Member State or an associated State, that participant shall be solely responsible for its own debt and shall not bear the debt of any other participant. 3. Paragraph 2 shall not apply to indirect actions implemented by means of instruments such as actions to promote and develop human resources and mobility and, when duly justified, specific support actions. 4. The coordinator shall keep accounts making it possible to determine at any time what proportion of the Community funds has been allocated to each participant for the purposes of the project. It shall communicate that information to the Commission every year. 5. When several legal entities are grouped in a common legal entity acting as a sole participant in accordance with Article 5(5), that legal entity shall take on the duties set out in paragraphs 1 and 2. The liability of its members shall be defined in accordance with the law under which this common legal entity was established. Article 14 Community financial contribution 1. In accordance with Annex III to the sixth framework programme and within the limits of the Community framework for State aid for research and development(8), the Community financial contribution may take the following forms: (a) for networks of excellence, it shall take the form of a fixed grant for integration on the basis of the joint programme of activities. The amount of that grant shall be calculated taking into account the degree of integration, the number of researchers that all participants intend to integrate, the characteristics of the field of research concerned and the joint programme of activities. It shall be used to complement the resources deployed by the participants in order to carry out the joint programme of activities. This grant shall be paid out on the basis of results, following the ongoing execution of the joint programme of activities, and on condition that its expenses, which are to be certified by an external auditor, or in the case of public bodies, a competent public officer, are greater than the grant itself; (b) for some actions to promote human resources and mobility and some specific support actions, except for the indirect actions covered by Article 9(2)(b), it may take the form of a lump sum payment; (c) for integrated projects and the other instruments, except for those covered by points (a) and (b) and indirect actions covered by Article 9(2)(b), it shall take the form of a grant to the budget, calculated as a percentage of the budget established by the participants to carry out the indirect action, adapted according to the type of activity and taking into account the cost model used by the participant concerned. The expenses needed to implement the indirect action have to be certified by an external auditor or, in the case of public bodies, a competent public officer. 2. Eligible expenses shall be defined in accordance with the first subparagraph of Article 12(2) and must meet the following conditions: (a) they must be actual, economic and necessary for the implementation of the indirect action; (b) they must be determined in accordance with the usual accounting principles of the individual participant; (c) must be recorded in the accounts of the participants; or, in the case of the resources of third parties referred to in the last subparagraph of Article 8(2), in the corresponding financial documents of those third parties; (d) they shall be exclusive of indirect taxes, duties and interest and may not give rise to profit. By way of derogation from the actual cost principle and with the agreement of the participants, the contract may lay down average rates of Community financial participation by type of expenditure or pre-set lump sums, as well as a value by activity which shall be approximate to the expenses envisaged. 3. Costs for management of the consortium shall be reimbursed up to 100 % of the costs incurred and shall include the cost of audit certificates. In this case, legal entities which participate in the indirect action on an additional cost basis may claim the full costs they have incurred for management, in so far as they can produce detailed evidence of them. The contracts shall lay down a maximum percentage of management costs in relation to the Community contribution. A share of no more than 7 % shall be reserved for management costs by the consortium. Article 15 Changes in consortium membership 1. A consortium may modify its membership on its own initiative and may in particular extend it to include any legal entity contributing to the implementation of the indirect action. The consortium must notify any change of its membership to the Commission, which may object within six weeks of the notification. New participants shall accede to the contract in accordance with the terms of Article 12(2). 2. The joint programme of activities for a network of excellence or the implementation plan for an integrated project shall specify which changes in the membership of the consortium shall require the prior publication of a competitive call. The consortium shall publish the competitive call and advertise it widely using specific information support, particularly Internet sites on the sixth framework programme, the specialist press and brochures. The consortium shall evaluate offers in the light of the criteria which governed the evaluation and selection of the indirect action, defined according to the terms of Article 10(4) and (5), and with the assistance of independent experts appointed by the consortium on the basis of the criteria described in Article 11(2)(b). Subsequent modification of the consortium shall follow the procedure established in the second subparagraph of paragraph 1. Article 16 Additional financial contribution The Commission may increase the Community financial contribution to an indirect action already under way in order to expand its scope to cover new activities which may involve new participants. It shall do so in the case of the indirect actions referred to in Articles 9(1) and 9(2)(c) by way of a call for supplementary proposals, which the Commission shall publish and advertise in accordance with Article 9(4) and which may be restricted, if necessary, to indirect actions already under way. The Commission shall evaluate and select such proposals in accordance with Article 10. Article 17 Consortium activities in favour of third parties If the contract provides for the consortium to undertake all or some of its activities in favour of third parties, the consortium shall ensure that this is properly made public, in accordance, where applicable, with the contract. The consortium shall evaluate and select any application received from third parties in accordance with the principles of transparency, fairness and impartiality and also with the terms of the contract. Article 18 Scientific, technological and financial monitoring and audits 1. The indirect actions to which the Community contributes shall be periodically evaluated by the Commission on the basis of progress reports which will also cover the implementation of the plan for the use or dissemination of knowledge, submitted by the participants in accordance with the terms of the contract. In monitoring the networks of excellence, the integrated projects and, where necessary, other indirect actions, the Commission shall be assisted by independent experts appointed in accordance with the provisions of Article 11(2). The Commission shall ensure that all the information, which it receives on pre-existing know-how and on knowledge expected or acquired during the course of an indirect action, is treated with confidentiality. 2. In accordance with the contract, the Commission shall take any useful steps to ensure that the objectives of the indirect action are achieved with proper regard for the financial interests of the Community. The Commission may, where necessary for the sake of these interests, adjust the Community financial contribution or suspend the indirect action if the terms of this Regulation or of the contract have been infringed. 3. The Commission, or any representative authorised by it, shall have the right to carry out scientific, technological and financial audits on the participants, in order to ensure that the indirect action is being or has been performed under the conditions claimed and in accordance with the terms of the contract. The contract shall specify the conditions under which the participants may object to a technological audit of the use and dissemination of the knowledge being carried out by certain authorised representatives of the Commission. 4. Pursuant to Article 160C of the Treaty, the Court of Auditors may verify the use of the Community's financial contribution. Article 19 Information made available to Member States and associated States The Commission shall make available to any Member State or associated State, upon request, its useful information on knowledge arising from work carried out in an indirect action provided that such information is relevant to public policies, unless the participants provide a reasoned case against doing so. Under no circumstances shall such availability transfer any rights or obligations of the Commission and the participants, in terms of intellectual property rights, to Member States or associated States receiving such information. Unless such general information becomes public or is made available by the participants or has been communicated without any confidentiality restrictions, Member States and associated States shall comply with the Commission's obligations on confidentiality as established by this Regulation. Article 20 Protection of the financial interests of the Community The Commission shall ensure that, when indirect actions are implemented, the financial interests of the Community are protected by effective checks and by deterrent measures and, if irregularities are detected, by penalties which are effective, proportionate and dissuasive, in accordance with Council Regulations (EC, Euratom) No 2988/95 and (EC, Euratom) No 2185/96(9) and Council Regulation (Euratom) No 1074/1999(10).
Article 12 
Contracts and consortium agreements 1. The Commission shall conclude a contract for each proposal selected for an indirect action. This contract shall be drawn up in accordance with the provisions of the sixth framework programme, and in accordance with this Regulation, taking into account the characteristics of the various instruments concerned. The Commission, after conferring with interested parties from the Member States and the associated States, will prepare a model contract to facilitate the drawing up of contracts. 2. The contract shall establish the rights and obligations of participants in accordance with this Regulation, and in particular the provisions for the scientific, technological and financial monitoring of the indirect action, for the updating of its objectives, for changes in consortium membership, for the payment of the Community financial contribution and, if applicable, conditions for the eligibility of any necessary expenditure. The contract shall establish rules for dissemination and use of knowledge and results in accordance with Title II, Chapter 2 of the Treaty. The contract, which shall be concluded between the Commission and all participants in an indirect action, shall enter into force on signature by the Commission and the coordinator. The other participants identified in the contract shall accede to it in accordance with its terms and shall enjoy the rights and take on the obligations of participants. Any participant joining an ongoing indirect action shall accede to the contract and enjoy the rights and take on the obligations of participants towards the Community. 3. In order to ensure the protection of the financial interests of the Community, appropriate penalties shall be included in the contracts, as defined, inter alia, in Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests(7). 4. Participants in an indirect action shall conclude a consortium agreement, unless otherwise specified in the call for proposals. The Commission shall publish non-binding guidelines on points that may be addressed by the consortium agreement, such as: (a) the internal organisation of the consortium; (b) intellectual property rights' arrangements; (c) settlement of internal disputes, pertaining to the consortium agreement. To this end the Commission shall confer with interested parties from the Member States and the associated States. Article 13 Execution of indirect actions 1. The consortium shall implement the indirect action and shall take all necessary and reasonable measures to that end. The Community financial contribution shall be paid to the coordinator. The coordinator shall administer the Community financial contribution regarding its allocation between participants and activities in accordance with the contract and with decisions taken by the consortium according to the internal procedures established in the consortium agreement. Participants shall inform the Commission of any event, including modification of the consortium agreement, which might affect the implementation of the indirect action and the rights of the Community. 2. Technical implementation of the indirect action shall be the collective responsibility of the participants. Each participant shall also be liable for the use of the Community financial contribution in proportion to their share of the project up to a maximum of the total payments they have received. Should a participant breach the contract and should the consortium not make good this breach, the Commission may, as a last resort and if all other approaches have been explored, hold the participants liable under the following conditions: (a) independently of the appropriate action it shall take against the defaulting participant, the Commission shall require the remaining participants to implement the indirect action; (b) should implementation be impossible or should the remaining participants refuse to comply with subparagraph (a), the Commission may terminate the contract and recover the Community financial contribution. When investigating the financial disadvantage, the Commission shall take into account the work already undertaken and results obtained, thereby establishing the debt; (c) as regards the part of the debt established in accordance with point (b) that is owed by the defaulting participant, the Commission shall distribute it among the remaining participants, on the basis of each participant's share of the expenses accepted and up to the amount of the Community financial contribution each participant is entitled to receive. Where a participant is an international organisation, a public body or a legal entity whose participation in the indirect action is guaranteed by a Member State or an associated State, that participant shall be solely responsible for its own debt and shall not bear the debt of any other participant. 3. Paragraph 2 shall not apply to indirect actions implemented by means of instruments such as actions to promote and develop human resources and mobility and, when duly justified, specific support actions. 4. The coordinator shall keep accounts making it possible to determine at any time what proportion of the Community funds has been allocated to each participant for the purposes of the project. It shall communicate that information to the Commission every year. 5. When several legal entities are grouped in a common legal entity acting as a sole participant in accordance with Article 5(5), that legal entity shall take on the duties set out in paragraphs 1 and 2. The liability of its members shall be defined in accordance with the law under which this common legal entity was established. Article 14 Community financial contribution 1. In accordance with Annex III to the sixth framework programme and within the limits of the Community framework for State aid for research and development(8), the Community financial contribution may take the following forms: (a) for networks of excellence, it shall take the form of a fixed grant for integration on the basis of the joint programme of activities. The amount of that grant shall be calculated taking into account the degree of integration, the number of researchers that all participants intend to integrate, the characteristics of the field of research concerned and the joint programme of activities. It shall be used to complement the resources deployed by the participants in order to carry out the joint programme of activities. This grant shall be paid out on the basis of results, following the ongoing execution of the joint programme of activities, and on condition that its expenses, which are to be certified by an external auditor, or in the case of public bodies, a competent public officer, are greater than the grant itself; (b) for some actions to promote human resources and mobility and some specific support actions, except for the indirect actions covered by Article 9(2)(b), it may take the form of a lump sum payment; (c) for integrated projects and the other instruments, except for those covered by points (a) and (b) and indirect actions covered by Article 9(2)(b), it shall take the form of a grant to the budget, calculated as a percentage of the budget established by the participants to carry out the indirect action, adapted according to the type of activity and taking into account the cost model used by the participant concerned. The expenses needed to implement the indirect action have to be certified by an external auditor or, in the case of public bodies, a competent public officer. 2. Eligible expenses shall be defined in accordance with the first subparagraph of Article 12(2) and must meet the following conditions: (a) they must be actual, economic and necessary for the implementation of the indirect action; (b) they must be determined in accordance with the usual accounting principles of the individual participant; (c) must be recorded in the accounts of the participants; or, in the case of the resources of third parties referred to in the last subparagraph of Article 8(2), in the corresponding financial documents of those third parties; (d) they shall be exclusive of indirect taxes, duties and interest and may not give rise to profit. By way of derogation from the actual cost principle and with the agreement of the participants, the contract may lay down average rates of Community financial participation by type of expenditure or pre-set lump sums, as well as a value by activity which shall be approximate to the expenses envisaged. 3. Costs for management of the consortium shall be reimbursed up to 100 % of the costs incurred and shall include the cost of audit certificates. In this case, legal entities which participate in the indirect action on an additional cost basis may claim the full costs they have incurred for management, in so far as they can produce detailed evidence of them. The contracts shall lay down a maximum percentage of management costs in relation to the Community contribution. A share of no more than 7 % shall be reserved for management costs by the consortium. Article 15 Changes in consortium membership 1. A consortium may modify its membership on its own initiative and may in particular extend it to include any legal entity contributing to the implementation of the indirect action. The consortium must notify any change of its membership to the Commission, which may object within six weeks of the notification. New participants shall accede to the contract in accordance with the terms of Article 12(2). 2. The joint programme of activities for a network of excellence or the implementation plan for an integrated project shall specify which changes in the membership of the consortium shall require the prior publication of a competitive call. The consortium shall publish the competitive call and advertise it widely using specific information support, particularly Internet sites on the sixth framework programme, the specialist press and brochures. The consortium shall evaluate offers in the light of the criteria which governed the evaluation and selection of the indirect action, defined according to the terms of Article 10(4) and (5), and with the assistance of independent experts appointed by the consortium on the basis of the criteria described in Article 11(2)(b). Subsequent modification of the consortium shall follow the procedure established in the second subparagraph of paragraph 1. Article 16 Additional financial contribution The Commission may increase the Community financial contribution to an indirect action already under way in order to expand its scope to cover new activities which may involve new participants. It shall do so in the case of the indirect actions referred to in Articles 9(1) and 9(2)(c) by way of a call for supplementary proposals, which the Commission shall publish and advertise in accordance with Article 9(4) and which may be restricted, if necessary, to indirect actions already under way. The Commission shall evaluate and select such proposals in accordance with Article 10. Article 17 Consortium activities in favour of third parties If the contract provides for the consortium to undertake all or some of its activities in favour of third parties, the consortium shall ensure that this is properly made public, in accordance, where applicable, with the contract. The consortium shall evaluate and select any application received from third parties in accordance with the principles of transparency, fairness and impartiality and also with the terms of the contract. Article 18 Scientific, technological and financial monitoring and audits 1. The indirect actions to which the Community contributes shall be periodically evaluated by the Commission on the basis of progress reports which will also cover the implementation of the plan for the use or dissemination of knowledge, submitted by the participants in accordance with the terms of the contract. In monitoring the networks of excellence, the integrated projects and, where necessary, other indirect actions, the Commission shall be assisted by independent experts appointed in accordance with the provisions of Article 11(2). The Commission shall ensure that all the information, which it receives on pre-existing know-how and on knowledge expected or acquired during the course of an indirect action, is treated with confidentiality. 2. In accordance with the contract, the Commission shall take any useful steps to ensure that the objectives of the indirect action are achieved with proper regard for the financial interests of the Community. The Commission may, where necessary for the sake of these interests, adjust the Community financial contribution or suspend the indirect action if the terms of this Regulation or of the contract have been infringed. 3. The Commission, or any representative authorised by it, shall have the right to carry out scientific, technological and financial audits on the participants, in order to ensure that the indirect action is being or has been performed under the conditions claimed and in accordance with the terms of the contract. The contract shall specify the conditions under which the participants may object to a technological audit of the use and dissemination of the knowledge being carried out by certain authorised representatives of the Commission. 4. Pursuant to Article 160C of the Treaty, the Court of Auditors may verify the use of the Community's financial contribution. Article 19 Information made available to Member States and associated States The Commission shall make available to any Member State or associated State, upon request, its useful information on knowledge arising from work carried out in an indirect action provided that such information is relevant to public policies, unless the participants provide a reasoned case against doing so. Under no circumstances shall such availability transfer any rights or obligations of the Commission and the participants, in terms of intellectual property rights, to Member States or associated States receiving such information. Unless such general information becomes public or is made available by the participants or has been communicated without any confidentiality restrictions, Member States and associated States shall comply with the Commission's obligations on confidentiality as established by this Regulation. Article 20 Protection of the financial interests of the Community The Commission shall ensure that, when indirect actions are implemented, the financial interests of the Community are protected by effective checks and by deterrent measures and, if irregularities are detected, by penalties which are effective, proportionate and dissuasive, in accordance with Council Regulations (EC, Euratom) No 2988/95 and (EC, Euratom) No 2185/96(9) and Council Regulation (Euratom) No 1074/1999(10).
Article 13 
Execution of indirect actions 1. The consortium shall implement the indirect action and shall take all necessary and reasonable measures to that end. The Community financial contribution shall be paid to the coordinator. The coordinator shall administer the Community financial contribution regarding its allocation between participants and activities in accordance with the contract and with decisions taken by the consortium according to the internal procedures established in the consortium agreement. Participants shall inform the Commission of any event, including modification of the consortium agreement, which might affect the implementation of the indirect action and the rights of the Community. 2. Technical implementation of the indirect action shall be the collective responsibility of the participants. Each participant shall also be liable for the use of the Community financial contribution in proportion to their share of the project up to a maximum of the total payments they have received. Should a participant breach the contract and should the consortium not make good this breach, the Commission may, as a last resort and if all other approaches have been explored, hold the participants liable under the following conditions: (a) independently of the appropriate action it shall take against the defaulting participant, the Commission shall require the remaining participants to implement the indirect action; (b) should implementation be impossible or should the remaining participants refuse to comply with subparagraph (a), the Commission may terminate the contract and recover the Community financial contribution. When investigating the financial disadvantage, the Commission shall take into account the work already undertaken and results obtained, thereby establishing the debt; (c) as regards the part of the debt established in accordance with point (b) that is owed by the defaulting participant, the Commission shall distribute it among the remaining participants, on the basis of each participant's share of the expenses accepted and up to the amount of the Community financial contribution each participant is entitled to receive. Where a participant is an international organisation, a public body or a legal entity whose participation in the indirect action is guaranteed by a Member State or an associated State, that participant shall be solely responsible for its own debt and shall not bear the debt of any other participant. 3. Paragraph 2 shall not apply to indirect actions implemented by means of instruments such as actions to promote and develop human resources and mobility and, when duly justified, specific support actions. 4. The coordinator shall keep accounts making it possible to determine at any time what proportion of the Community funds has been allocated to each participant for the purposes of the project. It shall communicate that information to the Commission every year. 5. When several legal entities are grouped in a common legal entity acting as a sole participant in accordance with Article 5(5), that legal entity shall take on the duties set out in paragraphs 1 and 2. The liability of its members shall be defined in accordance with the law under which this common legal entity was established. Article 14 Community financial contribution 1. In accordance with Annex III to the sixth framework programme and within the limits of the Community framework for State aid for research and development(8), the Community financial contribution may take the following forms: (a) for networks of excellence, it shall take the form of a fixed grant for integration on the basis of the joint programme of activities. The amount of that grant shall be calculated taking into account the degree of integration, the number of researchers that all participants intend to integrate, the characteristics of the field of research concerned and the joint programme of activities. It shall be used to complement the resources deployed by the participants in order to carry out the joint programme of activities. This grant shall be paid out on the basis of results, following the ongoing execution of the joint programme of activities, and on condition that its expenses, which are to be certified by an external auditor, or in the case of public bodies, a competent public officer, are greater than the grant itself; (b) for some actions to promote human resources and mobility and some specific support actions, except for the indirect actions covered by Article 9(2)(b), it may take the form of a lump sum payment; (c) for integrated projects and the other instruments, except for those covered by points (a) and (b) and indirect actions covered by Article 9(2)(b), it shall take the form of a grant to the budget, calculated as a percentage of the budget established by the participants to carry out the indirect action, adapted according to the type of activity and taking into account the cost model used by the participant concerned. The expenses needed to implement the indirect action have to be certified by an external auditor or, in the case of public bodies, a competent public officer. 2. Eligible expenses shall be defined in accordance with the first subparagraph of Article 12(2) and must meet the following conditions: (a) they must be actual, economic and necessary for the implementation of the indirect action; (b) they must be determined in accordance with the usual accounting principles of the individual participant; (c) must be recorded in the accounts of the participants; or, in the case of the resources of third parties referred to in the last subparagraph of Article 8(2), in the corresponding financial documents of those third parties; (d) they shall be exclusive of indirect taxes, duties and interest and may not give rise to profit. By way of derogation from the actual cost principle and with the agreement of the participants, the contract may lay down average rates of Community financial participation by type of expenditure or pre-set lump sums, as well as a value by activity which shall be approximate to the expenses envisaged. 3. Costs for management of the consortium shall be reimbursed up to 100 % of the costs incurred and shall include the cost of audit certificates. In this case, legal entities which participate in the indirect action on an additional cost basis may claim the full costs they have incurred for management, in so far as they can produce detailed evidence of them. The contracts shall lay down a maximum percentage of management costs in relation to the Community contribution. A share of no more than 7 % shall be reserved for management costs by the consortium. Article 15 Changes in consortium membership 1. A consortium may modify its membership on its own initiative and may in particular extend it to include any legal entity contributing to the implementation of the indirect action. The consortium must notify any change of its membership to the Commission, which may object within six weeks of the notification. New participants shall accede to the contract in accordance with the terms of Article 12(2). 2. The joint programme of activities for a network of excellence or the implementation plan for an integrated project shall specify which changes in the membership of the consortium shall require the prior publication of a competitive call. The consortium shall publish the competitive call and advertise it widely using specific information support, particularly Internet sites on the sixth framework programme, the specialist press and brochures. The consortium shall evaluate offers in the light of the criteria which governed the evaluation and selection of the indirect action, defined according to the terms of Article 10(4) and (5), and with the assistance of independent experts appointed by the consortium on the basis of the criteria described in Article 11(2)(b). Subsequent modification of the consortium shall follow the procedure established in the second subparagraph of paragraph 1. Article 16 Additional financial contribution The Commission may increase the Community financial contribution to an indirect action already under way in order to expand its scope to cover new activities which may involve new participants. It shall do so in the case of the indirect actions referred to in Articles 9(1) and 9(2)(c) by way of a call for supplementary proposals, which the Commission shall publish and advertise in accordance with Article 9(4) and which may be restricted, if necessary, to indirect actions already under way. The Commission shall evaluate and select such proposals in accordance with Article 10. Article 17 Consortium activities in favour of third parties If the contract provides for the consortium to undertake all or some of its activities in favour of third parties, the consortium shall ensure that this is properly made public, in accordance, where applicable, with the contract. The consortium shall evaluate and select any application received from third parties in accordance with the principles of transparency, fairness and impartiality and also with the terms of the contract. Article 18 Scientific, technological and financial monitoring and audits 1. The indirect actions to which the Community contributes shall be periodically evaluated by the Commission on the basis of progress reports which will also cover the implementation of the plan for the use or dissemination of knowledge, submitted by the participants in accordance with the terms of the contract. In monitoring the networks of excellence, the integrated projects and, where necessary, other indirect actions, the Commission shall be assisted by independent experts appointed in accordance with the provisions of Article 11(2). The Commission shall ensure that all the information, which it receives on pre-existing know-how and on knowledge expected or acquired during the course of an indirect action, is treated with confidentiality. 2. In accordance with the contract, the Commission shall take any useful steps to ensure that the objectives of the indirect action are achieved with proper regard for the financial interests of the Community. The Commission may, where necessary for the sake of these interests, adjust the Community financial contribution or suspend the indirect action if the terms of this Regulation or of the contract have been infringed. 3. The Commission, or any representative authorised by it, shall have the right to carry out scientific, technological and financial audits on the participants, in order to ensure that the indirect action is being or has been performed under the conditions claimed and in accordance with the terms of the contract. The contract shall specify the conditions under which the participants may object to a technological audit of the use and dissemination of the knowledge being carried out by certain authorised representatives of the Commission. 4. Pursuant to Article 160C of the Treaty, the Court of Auditors may verify the use of the Community's financial contribution. Article 19 Information made available to Member States and associated States The Commission shall make available to any Member State or associated State, upon request, its useful information on knowledge arising from work carried out in an indirect action provided that such information is relevant to public policies, unless the participants provide a reasoned case against doing so. Under no circumstances shall such availability transfer any rights or obligations of the Commission and the participants, in terms of intellectual property rights, to Member States or associated States receiving such information. Unless such general information becomes public or is made available by the participants or has been communicated without any confidentiality restrictions, Member States and associated States shall comply with the Commission's obligations on confidentiality as established by this Regulation. Article 20 Protection of the financial interests of the Community The Commission shall ensure that, when indirect actions are implemented, the financial interests of the Community are protected by effective checks and by deterrent measures and, if irregularities are detected, by penalties which are effective, proportionate and dissuasive, in accordance with Council Regulations (EC, Euratom) No 2988/95 and (EC, Euratom) No 2185/96(9) and Council Regulation (Euratom) No 1074/1999(10).
Article 14 
Community financial contribution 1. In accordance with Annex III to the sixth framework programme and within the limits of the Community framework for State aid for research and development(8), the Community financial contribution may take the following forms: (a) for networks of excellence, it shall take the form of a fixed grant for integration on the basis of the joint programme of activities. The amount of that grant shall be calculated taking into account the degree of integration, the number of researchers that all participants intend to integrate, the characteristics of the field of research concerned and the joint programme of activities. It shall be used to complement the resources deployed by the participants in order to carry out the joint programme of activities. This grant shall be paid out on the basis of results, following the ongoing execution of the joint programme of activities, and on condition that its expenses, which are to be certified by an external auditor, or in the case of public bodies, a competent public officer, are greater than the grant itself; (b) for some actions to promote human resources and mobility and some specific support actions, except for the indirect actions covered by Article 9(2)(b), it may take the form of a lump sum payment; (c) for integrated projects and the other instruments, except for those covered by points (a) and (b) and indirect actions covered by Article 9(2)(b), it shall take the form of a grant to the budget, calculated as a percentage of the budget established by the participants to carry out the indirect action, adapted according to the type of activity and taking into account the cost model used by the participant concerned. The expenses needed to implement the indirect action have to be certified by an external auditor or, in the case of public bodies, a competent public officer. 2. Eligible expenses shall be defined in accordance with the first subparagraph of Article 12(2) and must meet the following conditions: (a) they must be actual, economic and necessary for the implementation of the indirect action; (b) they must be determined in accordance with the usual accounting principles of the individual participant; (c) must be recorded in the accounts of the participants; or, in the case of the resources of third parties referred to in the last subparagraph of Article 8(2), in the corresponding financial documents of those third parties; (d) they shall be exclusive of indirect taxes, duties and interest and may not give rise to profit. By way of derogation from the actual cost principle and with the agreement of the participants, the contract may lay down average rates of Community financial participation by type of expenditure or pre-set lump sums, as well as a value by activity which shall be approximate to the expenses envisaged. 3. Costs for management of the consortium shall be reimbursed up to 100 % of the costs incurred and shall include the cost of audit certificates. In this case, legal entities which participate in the indirect action on an additional cost basis may claim the full costs they have incurred for management, in so far as they can produce detailed evidence of them. The contracts shall lay down a maximum percentage of management costs in relation to the Community contribution. A share of no more than 7 % shall be reserved for management costs by the consortium. Article 15 Changes in consortium membership 1. A consortium may modify its membership on its own initiative and may in particular extend it to include any legal entity contributing to the implementation of the indirect action. The consortium must notify any change of its membership to the Commission, which may object within six weeks of the notification. New participants shall accede to the contract in accordance with the terms of Article 12(2). 2. The joint programme of activities for a network of excellence or the implementation plan for an integrated project shall specify which changes in the membership of the consortium shall require the prior publication of a competitive call. The consortium shall publish the competitive call and advertise it widely using specific information support, particularly Internet sites on the sixth framework programme, the specialist press and brochures. The consortium shall evaluate offers in the light of the criteria which governed the evaluation and selection of the indirect action, defined according to the terms of Article 10(4) and (5), and with the assistance of independent experts appointed by the consortium on the basis of the criteria described in Article 11(2)(b). Subsequent modification of the consortium shall follow the procedure established in the second subparagraph of paragraph 1. Article 16 Additional financial contribution The Commission may increase the Community financial contribution to an indirect action already under way in order to expand its scope to cover new activities which may involve new participants. It shall do so in the case of the indirect actions referred to in Articles 9(1) and 9(2)(c) by way of a call for supplementary proposals, which the Commission shall publish and advertise in accordance with Article 9(4) and which may be restricted, if necessary, to indirect actions already under way. The Commission shall evaluate and select such proposals in accordance with Article 10. Article 17 Consortium activities in favour of third parties If the contract provides for the consortium to undertake all or some of its activities in favour of third parties, the consortium shall ensure that this is properly made public, in accordance, where applicable, with the contract. The consortium shall evaluate and select any application received from third parties in accordance with the principles of transparency, fairness and impartiality and also with the terms of the contract. Article 18 Scientific, technological and financial monitoring and audits 1. The indirect actions to which the Community contributes shall be periodically evaluated by the Commission on the basis of progress reports which will also cover the implementation of the plan for the use or dissemination of knowledge, submitted by the participants in accordance with the terms of the contract. In monitoring the networks of excellence, the integrated projects and, where necessary, other indirect actions, the Commission shall be assisted by independent experts appointed in accordance with the provisions of Article 11(2). The Commission shall ensure that all the information, which it receives on pre-existing know-how and on knowledge expected or acquired during the course of an indirect action, is treated with confidentiality. 2. In accordance with the contract, the Commission shall take any useful steps to ensure that the objectives of the indirect action are achieved with proper regard for the financial interests of the Community. The Commission may, where necessary for the sake of these interests, adjust the Community financial contribution or suspend the indirect action if the terms of this Regulation or of the contract have been infringed. 3. The Commission, or any representative authorised by it, shall have the right to carry out scientific, technological and financial audits on the participants, in order to ensure that the indirect action is being or has been performed under the conditions claimed and in accordance with the terms of the contract. The contract shall specify the conditions under which the participants may object to a technological audit of the use and dissemination of the knowledge being carried out by certain authorised representatives of the Commission. 4. Pursuant to Article 160C of the Treaty, the Court of Auditors may verify the use of the Community's financial contribution. Article 19 Information made available to Member States and associated States The Commission shall make available to any Member State or associated State, upon request, its useful information on knowledge arising from work carried out in an indirect action provided that such information is relevant to public policies, unless the participants provide a reasoned case against doing so. Under no circumstances shall such availability transfer any rights or obligations of the Commission and the participants, in terms of intellectual property rights, to Member States or associated States receiving such information. Unless such general information becomes public or is made available by the participants or has been communicated without any confidentiality restrictions, Member States and associated States shall comply with the Commission's obligations on confidentiality as established by this Regulation. Article 20 Protection of the financial interests of the Community The Commission shall ensure that, when indirect actions are implemented, the financial interests of the Community are protected by effective checks and by deterrent measures and, if irregularities are detected, by penalties which are effective, proportionate and dissuasive, in accordance with Council Regulations (EC, Euratom) No 2988/95 and (EC, Euratom) No 2185/96(9) and Council Regulation (Euratom) No 1074/1999(10).
Article 15 
Changes in consortium membership 1. A consortium may modify its membership on its own initiative and may in particular extend it to include any legal entity contributing to the implementation of the indirect action. The consortium must notify any change of its membership to the Commission, which may object within six weeks of the notification. New participants shall accede to the contract in accordance with the terms of Article 12(2). 2. The joint programme of activities for a network of excellence or the implementation plan for an integrated project shall specify which changes in the membership of the consortium shall require the prior publication of a competitive call. The consortium shall publish the competitive call and advertise it widely using specific information support, particularly Internet sites on the sixth framework programme, the specialist press and brochures. The consortium shall evaluate offers in the light of the criteria which governed the evaluation and selection of the indirect action, defined according to the terms of Article 10(4) and (5), and with the assistance of independent experts appointed by the consortium on the basis of the criteria described in Article 11(2)(b). Subsequent modification of the consortium shall follow the procedure established in the second subparagraph of paragraph 1. Article 16 Additional financial contribution The Commission may increase the Community financial contribution to an indirect action already under way in order to expand its scope to cover new activities which may involve new participants. It shall do so in the case of the indirect actions referred to in Articles 9(1) and 9(2)(c) by way of a call for supplementary proposals, which the Commission shall publish and advertise in accordance with Article 9(4) and which may be restricted, if necessary, to indirect actions already under way. The Commission shall evaluate and select such proposals in accordance with Article 10. Article 17 Consortium activities in favour of third parties If the contract provides for the consortium to undertake all or some of its activities in favour of third parties, the consortium shall ensure that this is properly made public, in accordance, where applicable, with the contract. The consortium shall evaluate and select any application received from third parties in accordance with the principles of transparency, fairness and impartiality and also with the terms of the contract. Article 18 Scientific, technological and financial monitoring and audits 1. The indirect actions to which the Community contributes shall be periodically evaluated by the Commission on the basis of progress reports which will also cover the implementation of the plan for the use or dissemination of knowledge, submitted by the participants in accordance with the terms of the contract. In monitoring the networks of excellence, the integrated projects and, where necessary, other indirect actions, the Commission shall be assisted by independent experts appointed in accordance with the provisions of Article 11(2). The Commission shall ensure that all the information, which it receives on pre-existing know-how and on knowledge expected or acquired during the course of an indirect action, is treated with confidentiality. 2. In accordance with the contract, the Commission shall take any useful steps to ensure that the objectives of the indirect action are achieved with proper regard for the financial interests of the Community. The Commission may, where necessary for the sake of these interests, adjust the Community financial contribution or suspend the indirect action if the terms of this Regulation or of the contract have been infringed. 3. The Commission, or any representative authorised by it, shall have the right to carry out scientific, technological and financial audits on the participants, in order to ensure that the indirect action is being or has been performed under the conditions claimed and in accordance with the terms of the contract. The contract shall specify the conditions under which the participants may object to a technological audit of the use and dissemination of the knowledge being carried out by certain authorised representatives of the Commission. 4. Pursuant to Article 160C of the Treaty, the Court of Auditors may verify the use of the Community's financial contribution. Article 19 Information made available to Member States and associated States The Commission shall make available to any Member State or associated State, upon request, its useful information on knowledge arising from work carried out in an indirect action provided that such information is relevant to public policies, unless the participants provide a reasoned case against doing so. Under no circumstances shall such availability transfer any rights or obligations of the Commission and the participants, in terms of intellectual property rights, to Member States or associated States receiving such information. Unless such general information becomes public or is made available by the participants or has been communicated without any confidentiality restrictions, Member States and associated States shall comply with the Commission's obligations on confidentiality as established by this Regulation. Article 20 Protection of the financial interests of the Community The Commission shall ensure that, when indirect actions are implemented, the financial interests of the Community are protected by effective checks and by deterrent measures and, if irregularities are detected, by penalties which are effective, proportionate and dissuasive, in accordance with Council Regulations (EC, Euratom) No 2988/95 and (EC, Euratom) No 2185/96(9) and Council Regulation (Euratom) No 1074/1999(10).
Article 16 
Additional financial contribution The Commission may increase the Community financial contribution to an indirect action already under way in order to expand its scope to cover new activities which may involve new participants. It shall do so in the case of the indirect actions referred to in Articles 9(1) and 9(2)(c) by way of a call for supplementary proposals, which the Commission shall publish and advertise in accordance with Article 9(4) and which may be restricted, if necessary, to indirect actions already under way. The Commission shall evaluate and select such proposals in accordance with Article 10. Article 17 Consortium activities in favour of third parties If the contract provides for the consortium to undertake all or some of its activities in favour of third parties, the consortium shall ensure that this is properly made public, in accordance, where applicable, with the contract. The consortium shall evaluate and select any application received from third parties in accordance with the principles of transparency, fairness and impartiality and also with the terms of the contract. Article 18 Scientific, technological and financial monitoring and audits 1. The indirect actions to which the Community contributes shall be periodically evaluated by the Commission on the basis of progress reports which will also cover the implementation of the plan for the use or dissemination of knowledge, submitted by the participants in accordance with the terms of the contract. In monitoring the networks of excellence, the integrated projects and, where necessary, other indirect actions, the Commission shall be assisted by independent experts appointed in accordance with the provisions of Article 11(2). The Commission shall ensure that all the information, which it receives on pre-existing know-how and on knowledge expected or acquired during the course of an indirect action, is treated with confidentiality. 2. In accordance with the contract, the Commission shall take any useful steps to ensure that the objectives of the indirect action are achieved with proper regard for the financial interests of the Community. The Commission may, where necessary for the sake of these interests, adjust the Community financial contribution or suspend the indirect action if the terms of this Regulation or of the contract have been infringed. 3. The Commission, or any representative authorised by it, shall have the right to carry out scientific, technological and financial audits on the participants, in order to ensure that the indirect action is being or has been performed under the conditions claimed and in accordance with the terms of the contract. The contract shall specify the conditions under which the participants may object to a technological audit of the use and dissemination of the knowledge being carried out by certain authorised representatives of the Commission. 4. Pursuant to Article 160C of the Treaty, the Court of Auditors may verify the use of the Community's financial contribution. Article 19 Information made available to Member States and associated States The Commission shall make available to any Member State or associated State, upon request, its useful information on knowledge arising from work carried out in an indirect action provided that such information is relevant to public policies, unless the participants provide a reasoned case against doing so. Under no circumstances shall such availability transfer any rights or obligations of the Commission and the participants, in terms of intellectual property rights, to Member States or associated States receiving such information. Unless such general information becomes public or is made available by the participants or has been communicated without any confidentiality restrictions, Member States and associated States shall comply with the Commission's obligations on confidentiality as established by this Regulation. Article 20 Protection of the financial interests of the Community The Commission shall ensure that, when indirect actions are implemented, the financial interests of the Community are protected by effective checks and by deterrent measures and, if irregularities are detected, by penalties which are effective, proportionate and dissuasive, in accordance with Council Regulations (EC, Euratom) No 2988/95 and (EC, Euratom) No 2185/96(9) and Council Regulation (Euratom) No 1074/1999(10).
Article 17 
Consortium activities in favour of third parties If the contract provides for the consortium to undertake all or some of its activities in favour of third parties, the consortium shall ensure that this is properly made public, in accordance, where applicable, with the contract. The consortium shall evaluate and select any application received from third parties in accordance with the principles of transparency, fairness and impartiality and also with the terms of the contract. Article 18 Scientific, technological and financial monitoring and audits 1. The indirect actions to which the Community contributes shall be periodically evaluated by the Commission on the basis of progress reports which will also cover the implementation of the plan for the use or dissemination of knowledge, submitted by the participants in accordance with the terms of the contract. In monitoring the networks of excellence, the integrated projects and, where necessary, other indirect actions, the Commission shall be assisted by independent experts appointed in accordance with the provisions of Article 11(2). The Commission shall ensure that all the information, which it receives on pre-existing know-how and on knowledge expected or acquired during the course of an indirect action, is treated with confidentiality. 2. In accordance with the contract, the Commission shall take any useful steps to ensure that the objectives of the indirect action are achieved with proper regard for the financial interests of the Community. The Commission may, where necessary for the sake of these interests, adjust the Community financial contribution or suspend the indirect action if the terms of this Regulation or of the contract have been infringed. 3. The Commission, or any representative authorised by it, shall have the right to carry out scientific, technological and financial audits on the participants, in order to ensure that the indirect action is being or has been performed under the conditions claimed and in accordance with the terms of the contract. The contract shall specify the conditions under which the participants may object to a technological audit of the use and dissemination of the knowledge being carried out by certain authorised representatives of the Commission. 4. Pursuant to Article 160C of the Treaty, the Court of Auditors may verify the use of the Community's financial contribution. Article 19 Information made available to Member States and associated States The Commission shall make available to any Member State or associated State, upon request, its useful information on knowledge arising from work carried out in an indirect action provided that such information is relevant to public policies, unless the participants provide a reasoned case against doing so. Under no circumstances shall such availability transfer any rights or obligations of the Commission and the participants, in terms of intellectual property rights, to Member States or associated States receiving such information. Unless such general information becomes public or is made available by the participants or has been communicated without any confidentiality restrictions, Member States and associated States shall comply with the Commission's obligations on confidentiality as established by this Regulation. Article 20 Protection of the financial interests of the Community The Commission shall ensure that, when indirect actions are implemented, the financial interests of the Community are protected by effective checks and by deterrent measures and, if irregularities are detected, by penalties which are effective, proportionate and dissuasive, in accordance with Council Regulations (EC, Euratom) No 2988/95 and (EC, Euratom) No 2185/96(9) and Council Regulation (Euratom) No 1074/1999(10).
Article 18 
Scientific, technological and financial monitoring and audits 1. The indirect actions to which the Community contributes shall be periodically evaluated by the Commission on the basis of progress reports which will also cover the implementation of the plan for the use or dissemination of knowledge, submitted by the participants in accordance with the terms of the contract. In monitoring the networks of excellence, the integrated projects and, where necessary, other indirect actions, the Commission shall be assisted by independent experts appointed in accordance with the provisions of Article 11(2). The Commission shall ensure that all the information, which it receives on pre-existing know-how and on knowledge expected or acquired during the course of an indirect action, is treated with confidentiality. 2. In accordance with the contract, the Commission shall take any useful steps to ensure that the objectives of the indirect action are achieved with proper regard for the financial interests of the Community. The Commission may, where necessary for the sake of these interests, adjust the Community financial contribution or suspend the indirect action if the terms of this Regulation or of the contract have been infringed. 3. The Commission, or any representative authorised by it, shall have the right to carry out scientific, technological and financial audits on the participants, in order to ensure that the indirect action is being or has been performed under the conditions claimed and in accordance with the terms of the contract. The contract shall specify the conditions under which the participants may object to a technological audit of the use and dissemination of the knowledge being carried out by certain authorised representatives of the Commission. 4. Pursuant to Article 160C of the Treaty, the Court of Auditors may verify the use of the Community's financial contribution. Article 19 Information made available to Member States and associated States The Commission shall make available to any Member State or associated State, upon request, its useful information on knowledge arising from work carried out in an indirect action provided that such information is relevant to public policies, unless the participants provide a reasoned case against doing so. Under no circumstances shall such availability transfer any rights or obligations of the Commission and the participants, in terms of intellectual property rights, to Member States or associated States receiving such information. Unless such general information becomes public or is made available by the participants or has been communicated without any confidentiality restrictions, Member States and associated States shall comply with the Commission's obligations on confidentiality as established by this Regulation. Article 20 Protection of the financial interests of the Community The Commission shall ensure that, when indirect actions are implemented, the financial interests of the Community are protected by effective checks and by deterrent measures and, if irregularities are detected, by penalties which are effective, proportionate and dissuasive, in accordance with Council Regulations (EC, Euratom) No 2988/95 and (EC, Euratom) No 2185/96(9) and Council Regulation (Euratom) No 1074/1999(10).
Article 19 
Information made available to Member States and associated States The Commission shall make available to any Member State or associated State, upon request, its useful information on knowledge arising from work carried out in an indirect action provided that such information is relevant to public policies, unless the participants provide a reasoned case against doing so. Under no circumstances shall such availability transfer any rights or obligations of the Commission and the participants, in terms of intellectual property rights, to Member States or associated States receiving such information. Unless such general information becomes public or is made available by the participants or has been communicated without any confidentiality restrictions, Member States and associated States shall comply with the Commission's obligations on confidentiality as established by this Regulation. Article 20 Protection of the financial interests of the Community The Commission shall ensure that, when indirect actions are implemented, the financial interests of the Community are protected by effective checks and by deterrent measures and, if irregularities are detected, by penalties which are effective, proportionate and dissuasive, in accordance with Council Regulations (EC, Euratom) No 2988/95 and (EC, Euratom) No 2185/96(9) and Council Regulation (Euratom) No 1074/1999(10).
Article 20 
Protection of the financial interests of the Community The Commission shall ensure that, when indirect actions are implemented, the financial interests of the Community are protected by effective checks and by deterrent measures and, if irregularities are detected, by penalties which are effective, proportionate and dissuasive, in accordance with Council Regulations (EC, Euratom) No 2988/95 and (EC, Euratom) No 2185/96(9) and Council Regulation (Euratom) No 1074/1999(10).
Article 21 
Scope The rules set out in this Chapter apply to R& TD activities under the priority thematic area "Fusion Energy Research". In the event of any conflict between the rules set out in this Chapter and those set out in Chapters II and III, the rules set out in this Chapter shall apply. Article 22 Procedures R& TD activities under the priority thematic area "Fusion Energy Research" may be implemented on the basis of procedures set out in the following frameworks: (a) contracts of association with Member States, associated States, or legal entities established in those States; (b) the European Fusion Development Agreement (EFDA); (c) any other multilateral agreement concluded by the Community with associated legal entities; (d) legal entities which may be set up after the consultative committee for the fusion programme referred to in Article 6(2) of the specific programme (Euratom) for research and training on nuclear energy has given its opinion; (e) other contracts of limited duration with non-associated legal entities established in Member States or associated States; (f) international agreements relating to cooperation with third countries, or any legal entity which may be established by such an agreement. Article 23 Community financial contribution 1. The contracts of association referred to in Article 22(a) and contracts of limited duration referred to in Article 22(e) shall establish the rules relating to the Community financial contribution to the activities they cover. The annual base rate for the Community financial contribution shall not exceed 20 % over the duration of the sixth framework programme. 2. After consultation of the consultative committee for the fusion programme referred to in Article 6(2) of the specific programme (Euratom) for research and training on nuclear energy, the Commission may finance: (a) at a uniform rate not exceeding 40 %: (i) the capital related expenditure of specifically defined projects to which priority status has been awarded by the consultative committee; priority status will concentrate on actions of direct relevance to the Next Step / ITER, except in the case of projects which have already been awarded priority status during earlier framework programmes; (ii) expenditure for participation in specifically defined projects enhancing the mutual cooperation between associations, arising from contracts of association referred to in Article 22, up to an annual ceiling in Community support of EUR 100000 per association; (b) specifically defined multilateral activities carried out under the European Fusion Development Agreement or by any legal entity established for this purpose, including procurements. 3. In the case of projects and activities receiving a financial contribution above the annual base rate referred to in the second subparagraph of paragraph 1, all the legal entities referred to in Article 22(a), (b), (c), (d) and (e) shall have the right to take part in the experiments carried out on the equipment concerned. 4. The Community financial contribution to activities carried out within the framework of an international cooperation agreement referred to in Article 22(f) shall be defined in it or by any legal entity established by it. The Community, together with legal entities associated in the programme, may create any appropriate legal entity to manage its participation and its financial contribution to such an agreement. Article 24 This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 November 2002. For the Council The President T. Pedersen (1) OJ C 103 E, 30.4.2002, p. 331. (2) Opinion delivered on 3 July 2002 (not yet published in the Official Journal). (3) Opinion delivered on 17 July 2002 (not yet published in the Official Journal). (4) OJ L 232, 29.8.2002, p. 34. (5) OJ L 294, 29.10.2002, p. 74. (6) OJ L 199, 31.7.1985, p. 1. (7) OJ L 312, 23.12.1995, p. 1. (8) OJ C 45, 17.2.1996, p. 5. (9) Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). (10) Council Regulation (Euratom) No 1074/1999 of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ L 136, 31.5.1999, p. 8).
Article 22 
Procedures R& TD activities under the priority thematic area "Fusion Energy Research" may be implemented on the basis of procedures set out in the following frameworks: (a) contracts of association with Member States, associated States, or legal entities established in those States; (b) the European Fusion Development Agreement (EFDA); (c) any other multilateral agreement concluded by the Community with associated legal entities; (d) legal entities which may be set up after the consultative committee for the fusion programme referred to in Article 6(2) of the specific programme (Euratom) for research and training on nuclear energy has given its opinion; (e) other contracts of limited duration with non-associated legal entities established in Member States or associated States; (f) international agreements relating to cooperation with third countries, or any legal entity which may be established by such an agreement. Article 23 Community financial contribution 1. The contracts of association referred to in Article 22(a) and contracts of limited duration referred to in Article 22(e) shall establish the rules relating to the Community financial contribution to the activities they cover. The annual base rate for the Community financial contribution shall not exceed 20 % over the duration of the sixth framework programme. 2. After consultation of the consultative committee for the fusion programme referred to in Article 6(2) of the specific programme (Euratom) for research and training on nuclear energy, the Commission may finance: (a) at a uniform rate not exceeding 40 %: (i) the capital related expenditure of specifically defined projects to which priority status has been awarded by the consultative committee; priority status will concentrate on actions of direct relevance to the Next Step / ITER, except in the case of projects which have already been awarded priority status during earlier framework programmes; (ii) expenditure for participation in specifically defined projects enhancing the mutual cooperation between associations, arising from contracts of association referred to in Article 22, up to an annual ceiling in Community support of EUR 100000 per association; (b) specifically defined multilateral activities carried out under the European Fusion Development Agreement or by any legal entity established for this purpose, including procurements. 3. In the case of projects and activities receiving a financial contribution above the annual base rate referred to in the second subparagraph of paragraph 1, all the legal entities referred to in Article 22(a), (b), (c), (d) and (e) shall have the right to take part in the experiments carried out on the equipment concerned. 4. The Community financial contribution to activities carried out within the framework of an international cooperation agreement referred to in Article 22(f) shall be defined in it or by any legal entity established by it. The Community, together with legal entities associated in the programme, may create any appropriate legal entity to manage its participation and its financial contribution to such an agreement. Article 24 This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 November 2002. For the Council The President T. Pedersen (1) OJ C 103 E, 30.4.2002, p. 331. (2) Opinion delivered on 3 July 2002 (not yet published in the Official Journal). (3) Opinion delivered on 17 July 2002 (not yet published in the Official Journal). (4) OJ L 232, 29.8.2002, p. 34. (5) OJ L 294, 29.10.2002, p. 74. (6) OJ L 199, 31.7.1985, p. 1. (7) OJ L 312, 23.12.1995, p. 1. (8) OJ C 45, 17.2.1996, p. 5. (9) Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). (10) Council Regulation (Euratom) No 1074/1999 of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ L 136, 31.5.1999, p. 8).
Article 23 
Community financial contribution 1. The contracts of association referred to in Article 22(a) and contracts of limited duration referred to in Article 22(e) shall establish the rules relating to the Community financial contribution to the activities they cover. The annual base rate for the Community financial contribution shall not exceed 20 % over the duration of the sixth framework programme. 2. After consultation of the consultative committee for the fusion programme referred to in Article 6(2) of the specific programme (Euratom) for research and training on nuclear energy, the Commission may finance: (a) at a uniform rate not exceeding 40 %: (i) the capital related expenditure of specifically defined projects to which priority status has been awarded by the consultative committee; priority status will concentrate on actions of direct relevance to the Next Step / ITER, except in the case of projects which have already been awarded priority status during earlier framework programmes; (ii) expenditure for participation in specifically defined projects enhancing the mutual cooperation between associations, arising from contracts of association referred to in Article 22, up to an annual ceiling in Community support of EUR 100000 per association; (b) specifically defined multilateral activities carried out under the European Fusion Development Agreement or by any legal entity established for this purpose, including procurements. 3. In the case of projects and activities receiving a financial contribution above the annual base rate referred to in the second subparagraph of paragraph 1, all the legal entities referred to in Article 22(a), (b), (c), (d) and (e) shall have the right to take part in the experiments carried out on the equipment concerned. 4. The Community financial contribution to activities carried out within the framework of an international cooperation agreement referred to in Article 22(f) shall be defined in it or by any legal entity established by it. The Community, together with legal entities associated in the programme, may create any appropriate legal entity to manage its participation and its financial contribution to such an agreement. Article 24 This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 November 2002. For the Council The President T. Pedersen (1) OJ C 103 E, 30.4.2002, p. 331. (2) Opinion delivered on 3 July 2002 (not yet published in the Official Journal). (3) Opinion delivered on 17 July 2002 (not yet published in the Official Journal). (4) OJ L 232, 29.8.2002, p. 34. (5) OJ L 294, 29.10.2002, p. 74. (6) OJ L 199, 31.7.1985, p. 1. (7) OJ L 312, 23.12.1995, p. 1. (8) OJ C 45, 17.2.1996, p. 5. (9) Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). (10) Council Regulation (Euratom) No 1074/1999 of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ L 136, 31.5.1999, p. 8).
Article 24 
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 November 2002