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2008/376/EC: Council Decision of 29 April 2008 on the… CHAPTER III — MULTIANNUAL TECHNICAL GUIDELINES

Article 11–Article 39 · 29 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

SECTION 1 — Participation

Member States

Article 11

Any undertaking, public body, research organisation or higher or secondary education establishment, or other legal entity, including natural persons, established within the territory of a Member State may participate in the Research Programme and apply for financial assistance, provided that they intend to carry out an RTD activity or can substantially contribute to such an activity.

Candidate countries

Article 12

Any undertaking, public body, research organisation or higher or secondary education establishment, or other legal entity, including natural persons, in candidate countries shall be entitled to participate without receiving any financial contribution under the Research Programme, unless otherwise provided under the relevant European Agreements and their additional Protocols, and in the decisions of the various Association Councils.

Third countries

Article 13

Any undertaking, public body, research organisation or higher or secondary education establishment, or other legal entity, including natural persons, from third countries shall be entitled to participate on the basis of individual projects without receiving any financial contribution under the Research Programme, provided that such participation is in the Community’s interest.

SECTION 2 — Eligible activities

Research projects

Article 14

A research project shall be intended to cover investigative or experimental work with the aim of acquiring further knowledge to facilitate the attainment of specific practical objectives such as the creation or development of products, production processes or services.

Pilot projects

Article 15

A pilot project shall be characterised by the construction, operation and development of an installation or a significant part of an installation on an appropriate scale and using suitably large components with a view to examining the potential for putting theoretical or laboratory results into practice and/or increasing the reliability of the technical and economic data needed to progress to the demonstration stage, and in certain cases to the industrial and/or commercial stage.

Demonstration projects

Article 16

A demonstration project shall be characterised by the construction and/or operation of an industrial-scale installation or a significant part of an industrial-scale installation with the aim of bringing together all the technical and economic data in order to proceed with the industrial and/or commercial exploitation of the technology at minimum risk.

Accompanying measures

Article 17

Accompanying measures shall relate to the promotion of the use of knowledge gained or to the organisation of dedicated workshops or conferences in connection with projects or priorities of the Research Programme.

Support and preparatory actions

Article 18

Support and preparatory actions shall be those appropriate to the sound and effective management of the Research Programme, such as the evaluation and selection of proposals as referred to in Articles 27 and 28, the periodic monitoring and assessment referred to in Article 38, studies, the clustering or the networking of related projects funded under the Research Programme. The Commission may, where it deems appropriate, appoint independent and highly qualified experts to assist with support and preparatory actions.

SECTION 3 — Management of the research programme

Management

Article 19

The Research Programme shall be managed by the Commission. It shall be assisted by the Coal and Steel Committee, the Coal and Steel Advisory Groups and the Coal and Steel Technical Groups.

Establishment of the Coal and Steel Advisory Groups

Article 20

The Coal and Steel Advisory Groups (hereinafter referred to as ‘the Advisory Groups’) shall be independent technical advisory groups.

Tasks of the Advisory Groups

Article 21

For the coal- and steel-related RTD aspects respectively, each Advisory Group shall advise the Commission on the following: (a) the overall development of the Research Programme, the information package as referred to in Article 25(3) and future guidelines; (b) the consistency and the possible duplication with other RTD programmes at Community and national level; (c) the setting-out of the guiding principles for monitoring RTD projects; (d) the work being undertaken on specific projects; (e) the research objectives of the Research Programme listed in Sections 3 and 4 of Chapter II; (f) the annual priority objectives listed in the information package and, where appropriate the priority objectives for dedicated calls as referred to in Article 25(2); (g) the preparation of a manual for evaluating and selecting RTD actions, as referred to in Articles 27 and 28; (h) the evaluation of proposals for RTD actions and the priority to be given to those proposals, having regard to the funds available; (i) the number, competence and composition of the Technical Groups referred to in Article 24; (j) the drawing-up of dedicated calls for proposals as referred to in Article 25(2); (k) other measures when requested to do so by the Commission.

Composition of the Advisory Groups

Article 22

1.   Each Advisory Group shall be composed in accordance with the tables set out in the Annex. Members of the Advisory Groups shall be appointed by the Commission to serve in a personal capacity for a period of 42 months. Appointments may be withdrawn. 2.   The Commission shall consider proposals for appointments received in the following ways: (a) by the Member States; (b) by the entities referred to in the tables in the Annex; (c) in response to a call for applications for inclusion on a reserve list. 3.   The Commission shall ensure, within each Advisory Group, a balanced range of expertise and the broadest possible geographical representation. 4.   Members of the Advisory Groups shall be active in the field concerned and be aware of the industrial priorities. In addition, the Commission, when appointing members, shall seek to achieve a gender balance.

Meetings of the Advisory Groups

Article 23

The meetings of the Advisory Groups shall be organised and chaired by the Commission, which shall also provide the secretariat. If necessary, the Chairman may request members to vote. Every member shall have the right to one vote. The Chairman may invite visiting experts or observers to take part in meetings where appropriate. The visiting experts and the observers shall have no voting rights. If necessary, such as to provide advice on matters of relevance for both the coal and steel sectors, the Advisory Groups shall convene in joint meetings.

Establishment and tasks of the Coal and Steel Technical Groups

Article 24

The Coal and Steel Technical Groups (hereinafter referred to as ‘the Technical Groups’) shall advise the Commission on the monitoring of research and pilot or demonstration projects and, where necessary, in the definition of the priority objectives of the Research Programme. Members of the Technical Groups shall be appointed by the Commission and shall come from the sectors related to the coal and steel industry, research organisations or user industries where they shall have responsibility for research strategy, management or production. In addition, the Commission, when appointing members, shall seek to achieve a gender balance. Meetings of the Technical Groups shall, whenever possible, be held at venues chosen in such a way that project monitoring and results assessment are best ensured.

SECTION 4 — Implementation of the research programme

Call for proposals

Article 25

1.   An open and continuous call for proposals is hereby launched. Unless otherwise specified, 15 September of each year shall be the cut-off date for the submission of proposals for evaluation. 2.   Where the Commission, in accordance with Article 41(d) and (e), decides to modify the cut-off date referred to in paragraph 1 of this Article for the submission of proposals, or to launch dedicated calls for proposals, it shall publish that information in the Official Journal of the European Union . Dedicated calls shall indicate the dates and modalities for the submission, including whether it shall take place in one or two steps, and for the evaluation of the proposals, the priorities, the type of eligible projects as referred to in Articles 14 to 18, where necessary, and the envisaged funding. 3.   The Commission shall establish an information package setting-out the detailed rules for participation, the methods of managing proposals and projects, application forms, rules for the submission of proposals, model grant agreements, eligible costs, the maximum financial contribution allowable, methods of payment and the annual priority objectives of the Research Programme. The Commission shall make the information package public on the Community Research and Development Information Service (CORDIS) or corresponding website. Applications shall be submitted to the Commission in accordance with the rules laid down in the information package, of which a paper copy can be obtained from the Commission on request.

Content of proposals

Article 26

The proposals shall relate to the research objectives laid down in Sections 3 and 4 of Chapter II and, where applicable, to the priority objectives listed in the information package in accordance with Article 25(3) or to the priority objectives defined for the dedicated calls for proposals referred to in Article 25(2). Each proposal shall include a detailed description of the proposed project and contain full information on objectives, partnerships, including the precise role of each partner, management structure, anticipated results, expected applications and an assessment of anticipated industrial, economic, social and environmental benefits. The proposed total cost and its breakdown shall be realistic and effective, and the project shall be expected to produce a favourable cost/benefit ratio.

Evaluation of proposals

Article 27

The Commission shall ensure a confidential, fair and equitable evaluation of proposals. The Commission shall establish and publish a manual for the evaluation and selection of RTD actions.

Selection of proposals and monitoring of projects

Article 28

1.   The Commission shall register the proposals received and shall verify their eligibility. 2.   The Commission shall evaluate the proposals with the assistance of independent experts. 3.   The Commission shall draw up a list of the proposals adopted in order of merit. The ranking list shall be discussed by the relevant Advisory Group. 4.   The Commission shall decide on the choice of projects and the allocation of funds. Where the estimated amount of the Community contribution under the Research Programme is equal to or more than EUR 0,6 million Article 41(a) shall apply. 5.   The Commission shall, with the assistance of the Technical Groups referred to in Article 24, monitor research projects and activities.

Grant agreements

Article 29

Projects based on selected proposals and measures and actions as specified under Articles 14 to 18 shall form the subject of a grant agreement. Grant agreements shall be based on relevant model grant agreements drawn up by the Commission, taking account, as appropriate, of the nature of the activities concerned. Grant agreements shall define the financial contribution allocated under the Research Programme on the basis of the eligible costs, as well as the rules concerning cost reporting, the closure of accounts and certificates on financial statements. In addition, they shall provide for provisions on access rights and dissemination and use of knowledge.

Financial contribution

Article 30

1.   The Research Programme shall be based on cost-sharing RTD grant agreements. The total financial contribution including any other additional public funding shall conform to the applicable rules on State aid. 2.   Public contracts shall be used for the supply of movable or immovable assets, the execution of works or the provision of services which are necessary for the implementation of the support and preparatory actions. 3.   Without prejudice to paragraph 1 of this Article, the maximum total financial contribution, expressed as a percentage of the eligible costs defined in Articles 31 to 35, shall be: (a) for research projects up to 60 %; (b) for pilot and demonstration projects up to 50 %; (c) for accompanying measures, support and preparatory actions up to 100 %.

Eligible costs

Article 31

1.   The eligible costs shall consist of the following: (a) equipment costs; (b) staff costs; (c) operating costs; (d) indirect costs. 2.   The eligible costs shall cover only actual costs incurred for the execution of the project under the terms of the grant agreement. Beneficiaries, associated beneficiaries and sub-beneficiaries shall not be entitled to claim any budgeted or commercial rates.

Equipment costs

Article 32

The costs of purchasing or hiring equipment which are directly related to the execution of the project shall be chargeable as direct costs. The eligible costs for the leasing of equipment shall not exceed any eligible costs for its purchase.

Staff costs

Article 33

The costs of actual hours devoted exclusively to the project by scientific, postgraduate or technical staff and the staff costs of manual workers directly employed by the beneficiary shall be chargeable. Any additional staff costs, such as scholarships, shall require the Commission’s prior written approval. All working hours charged must be recorded and certified.

Operating costs

Article 34

Operating costs directly related to the execution of the project shall be limited solely to the cost of: (a) raw materials; (b) consumables; (c) energy; (d) transportation of raw materials, consumables, equipment, products, feedstock or fuel; (e) the maintenance, repair, alteration or transformation of existing equipment; (f) IT and other specific services; (g) the rental of equipment; (h) analysis and tests; (i) dedicated workshop organisation; (j) certificate on financial statements and bank guarantee; (k) protection of knowledge; (l) assistance from third parties.

Indirect costs

Article 35

All other expenses, such as overhead costs or overheads, which may arise in connection with the project and which are not specifically identified in the preceding categories including travel and subsistence costs, shall be covered by a flat rate amounting to 35 % of the eligible staff costs as referred to in Article 33.

SECTION 5 — Evaluation and monitoring of the research activities

Technical reports

Article 36

For research, pilot and demonstration projects referred to in Articles 14, 15 and 16 periodical reports shall be drawn up by the beneficiary or beneficiaries. Such reports shall be used to describe the technical progress made. On completion of the work, a final report comprising an assessment of exploitation and impact shall be provided by the beneficiary or beneficiaries. That report shall be published by the Commission in full or in summarised form depending on the strategic relevance of the project and following consultation, if necessary, of the relevant Advisory Group. The Commission may require the beneficiary or beneficiaries to provide final reports on the accompanying measures referred to in Article 17 as well as on the support and preparatory actions referred to in Article 18 and may decide to have them published.

Annual review

Article 37

The Commission shall conduct an annual review of activities under the Research Programme and the progress of the RTD work. The report containing the review shall be forwarded to the Coal and Steel Committee. The Commission may appoint independent experts and highly qualified experts to assist with this annual review.

Monitoring and assessment of the Research Programme

Article 38

1.   The Commission shall carry out a monitoring exercise of the Research Programme, including an assessment of the expected benefits. A report on that exercise shall be issued by the end of 2013, and thereafter every seven years. These reports shall be made public on the Community Research and Development Information Service (CORDIS) or corresponding website. 2.   The Commission shall assess the Research Programme on completion of the projects financed during every period of seven years. The benefits of the RTD to society and to the relevant sectors shall also be assessed. The assessment report shall be published. 3.   In carrying out the monitoring and assessment referred to in paragraphs 1 and 2, the Commission shall be assisted by panels of highly qualified experts appointed by the Commission.

Appointment of independent and highly qualified experts

Article 39

For the appointment of independent and highly qualified experts referred to in Article 18, Article 28(2) and Article 38, the provisions set out in Articles 14 and 17 of the Regulation (EC) No 1906/2006  ( 8 ) , shall apply by analogy.

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