24 Amendments of Ioannis A. TSOUKALAS related to 2011/0399(COD)
Amendment 113 #
Proposal for a regulation
Recital 3
Recital 3
(3) Horizon 2020 should support the achievement and functioning of the European Research Area in which researchers, scientific knowledge and technology circulate freely, by strengthening cooperation both between the Union and the Member States, and among the Member States, notably through application of a coherent set of rules.
Amendment 132 #
Proposal for a regulation
Recital 9
Recital 9
(9) These rules for the participation and dissemination should provide a coherent, comprehensive and transparent framework to ensure the most efficient implementation possible, taking into account the need for easy access by all participants, notably small and medium-sized enterprises and Civil Society Organisations, through simplified procedures. The financial assistance from the Union could be provided through different forms.
Amendment 154 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) It is appropriate to use different forms of funding, and where appropriate, combine different types of funding bodies. In particular, the financial instruments should be used in a complementary manner in cases where they help to leverage yet further private investment in research and innovation, including national and structural funds, as well as venture capital investments, for innovative companies and in particular SMEs, and where the pursued results cannot be effectively achieved by grants, and where actions primarily consist of close-to- market activities.
Amendment 156 #
Proposal for a regulation
Recital 15
Recital 15
(15) Open Accessibility of all patent applications, standards, scientific publications or any other dissemination tools relating to project results funded by Horizon 2020 requires the set up of digital central repositories and the use of open digital formats. The financial interests of the Union should be protected through proportionate measures throughout the expenditure cycle.
Amendment 163 #
Proposal for a regulation
Recital 19
Recital 19
(19) Rules governing the exploitation and dissemination of results should be laid down to ensure that the participants protect, exploit and disseminate those results as appropriate, in particular the possibility of additional exploitation conditions in the European strategic interest. and open access or other dissemination conditions in the European strategic or public interest. It is necessary to place more emphasis on the widest possible use and dissemination of knowledge generated by the supported activities, including knowledge generated in the previous framework programmes, up to the commercial or societal exploitation of such knowledge.
Amendment 196 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) 'dissemination‘ means the public disclosure of the results by any appropriate means (other than resulting from protecting or exploiting the results), including by a publishinged work in any medium in any medium;
Amendment 200 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
Amendment 216 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) 'results‘' means any data, knowledge and, information, artefacts and other tangible outputs, whatever their form or nature, whether or not they can be protected, which are generated in the action as well as any attached rights, including intellectual property rights;.
Amendment 237 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
In actions under the activity ‘Secure societies’ within the specific objective ‘Inclusive, innovative and secure societies’ and the activity ´Health, demographic change and wellbeing´ within the pillar ´Societal challenges´, the Commission may make available to Union institutions and bodies or Member States' national authorities any useful information in its possession on results of a participant that has received Union funding.
Amendment 282 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where appropriate, proposals shall include a draft plan for the exploitation and dissemination of the results, including a plan for data management and sharing.
Amendment 374 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
The Commission or the relevant funding body mayshall establish a secure electronic system for exchanges with the participants. A document submitted by means of this system, including grant agreements, shall be deemed to be the original of that document where the user identification and password of the participant's representative have been used. Such identification shall constitute the signature of the document concerned.
Amendment 621 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1
Article 38 – paragraph 2 – subparagraph 1
2. Where participants in an action have jointly generated results and where their respective share of the work cannot be ascertainedit is not possible to separate such joint invention, design or work for the purpose of applying for, obtaining and/or maintaining the relevant patent protection or any other intellectual property right, they shall have joint ownership of those results. The joint owners shall establish an agreement regarding the allocation and terms of exercise of that joint ownership in accordance with their obligations under the grant agreement.
Amendment 625 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 2 – introductory part
Article 38 – paragraph 2 – subparagraph 2 – introductory part
Unless otherwise agreed in the joint ownership agreement, each joint owner shall be entitled to grant non-exclusive licences to third parties to exploit the jointly owned results, without any right to sub-licence, subject to the following conditions:use their jointly owned foreground for non-commercial purposes such as internal research and training activities on a royalty-free basis, and without requiring the prior consent of the other joint owner(s).
Amendment 630 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 2 – point a
Article 38 – paragraph 2 – subparagraph 2 – point a
Amendment 633 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 2 – point b
Article 38 – paragraph 2 – subparagraph 2 – point b
Amendment 650 #
Proposal for a regulation
Article 40 – paragraph 1 – subparagraph 1
Article 40 – paragraph 1 – subparagraph 1
1. Each participant that has received Union funding shall use its best efforts to exploit the results it owns in further research , development, innovation or commercially, or to have them exploited by another legal entity for these purposes, in particular through transfer and licensing of results in accordance with Article 41.
Amendment 656 #
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 3
Article 40 – paragraph 2 – subparagraph 3
With regard to dissemination through research publications, open access shall apply under the terms and conditions laid down in the grant agreementas the default policy, except in cases where it is sufficiently justified and otherwise stated in the terms and conditions laid down in the grant agreement. On-line, free of charge, public access of Union funded research publications to Unions´ citizens and companies, within six months of publication in a peer-reviewed scientific journal, shall be the default model. Any open access charges may, when applicable, be covered from the relevant Union funding. The role and operation of digital infrastructures and repositories for the visibility and dissemination of Horizon 2020 research results should be strengthened. With regard to dissemination of other results, including research data, the grant agreement may lay down the terms and conditions under which open access to such results shall be provided, in particular in ERC frontier research or in other appropriate areas.
Amendment 662 #
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 3 a (new)
Article 40 – paragraph 2 – subparagraph 3 a (new)
Proposals shall contain a data management and sharing plan to ensure that data arising from research is managed and made available as widely and freely as possible to maximize public benefit while acknowledging that sharing shall always take account of enhancing the long term value of the data, which may require a limited period of exclusive use of the research results.
Amendment 665 #
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 3 b (new)
Article 40 – paragraph 2 – subparagraph 3 b (new)
To properly manage and make accessible open access research data, the Commission shall establish and manage an open-access, online European Research Library
Amendment 700 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Any request to exercise access rights or any waiving of access rights shall be made in writing unless otherwise agreed between the participants.
Amendment 729 #
Proposal for a regulation
Article 46 – paragraph 2 – subparagraph 1
Article 46 – paragraph 2 – subparagraph 1
2. Regarding actions in the activity ‘Secure societies’ within the specific objective ‘Inclusive, innovative and secure societies’ and the activity "Health, demographic change and wellbeing" within the pillar "Societal Challenges", the Union institutions and bodies as well as Member States' national authorities shall, for the purpose of developing, implementing and monitoring their policies or programmes in this area, enjoy access rights to the results of a participant that has received Union funding. Notwithstanding Article 43(2), such access rights shall include the right to authorise third parties to use the results in public procurement in the case of the development of capabilities in domains with very limited market size and a risk of market failure, and where a predominant public interest exists.
Amendment 738 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. In the case of actions to support the operation of existing or new research infrastructures, the grant agreement may lay down specific provisions relating to users' access of the infrastructure.
Amendment 741 #
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. In the case of ERC frontier research actions or research actions within the pillar "Societal Challenges", the grant agreement may lay down specific provisions, in particular on access rights, portability and dissemination, relating to participants, researchers and any party concerned by the action.
Amendment 748 #
Proposal for a regulation
Article 48 – paragraph 1 a (new)
Article 48 – paragraph 1 a (new)
Specific provisions, in particular on ownership, access rights, exploitation and dissemination shall be laid down in the conditions governing a prize award to ensure maximum uptake of the results and affordable and widespread access to the results.