Research and Innovation Summary of MS questions on the Commission's proposal for DG Research & Innovation Research and Innovation Rules for Participation and Dissemination

Article 2 Definitions  Definition of Foreground: why to change?  Definition of “Associates countries”: applicable criteria  Definition of “Background”: differences with previous FPs  Definition of “Exploitation”  Definition of “Action”  Legal entities without legal personality

 IPR / Secure Societies: Why does the Commission foresee specific rules for actions in the activity “Secure societies” in art. 4 and 46? (treated under article 46) Article 5 Forms of funding  Contrary to FP7: no list of funding schemes for grants  Which programme will enhance the use of lump-sums, scales of unit, prizes, etc? Article 4 Information to be made available Article 8 Conditions for participation  SME instrument: EU added value in single beneficiary grants

 Procedure for coordination and support actions  Improvements  Information to the MS  Selection of named beneficiaries Article 10 Calls for proposals Article 11 Joint calls  Will joint calls be used in the three priorities? CALLSCALLS

Article 14 Selection and award criteria  About the criteria  On the evaluation processes  One stage vs two stage  On expert panel composition: will they vary depending on priorities?  About proposals: performance indicators  About financial capacity: “guaranteed” by a MS

 How many days for reviewing the coordinator request? Article 16 Grant agreement  Meaning of ““Specific grants for actions may form part of a framework partnership according to the provisions of Regulation…” Article 15 Evaluation review procedure Article 17 Grant decisions  Grant decisions vs grant agreements: what and when

 What is the “secure electronic system”?; what is its legal value? Article 18 Secure electronic system Article 19 Implementation of the action  Amendments to the technical annex  Costs incurred by third parties  Subcontracts for carrying out certain elements of the action Article 20 Consortium  The role of the coordinator  Guidance on Consortium Agreements  Addition and removal of participants

Article 22 Funding of the action  How to determine the applicable reimbursement rate  Impact on the EU contribution of the 100 / 20 system  Reimbursment rate for the management costs  Simplification value of the system  State Aid Rules  Other issues: ICPC, income from the action, co-financing

 Eligibility of VAT?  Eligibility of depreciation Article 23 Eligibility of costs Article 24 Indirect costs  Why is not possible to use “actual indirect costs”?  Article 24.2-derogation to the 20 % flat rate: "Indirect costs may be declared in the form of a lump sum or scale of unit costs when provided for in the work programme or work plan" COSTSCOSTS

 Calculation of personnel costs and differences with FP7  What will the Commission define in the GA regarding annual productive hours? Article 25 Annual productive hours Article 27 Scales of unit costs  Examples of scale of unit costs  Article 27.2 (a): how ‘total actual personnel costs’ should be interpreted?

 Explanation on the EUR threshold: how does it lead to less certificates required?  What is the “payment of the balance of the grant”?  What is the impact of the certificate in the final payment? Article 28 Certificate on the financial statements Article 29 Certificates on the methodology  Will be a FP7 certificate valid for Horizon 2020? CERTIFICATES

 How will it work in practice the “cumulative funding”? Article 31 Cumulative funding Article 32 Participant Guarantee Fund  Does this article apply also to training and mobility actions? Article 35 Procurement, pre-commercial procurement and public procurement of innovative solutions  How PCP and PPI will work in practice?

 Why there is no detailed information on the financial instruments?  Which principles will apply the Commission to chose using financial instruments instead of other forms of funding? Article 36 Financial instruments Article 37 Appointment of independent experts  In view of article 37.2:Does the Commission intend to publish calls including classified information?  How will the right balance attained in the evaluation committees?

 Joint ownership: rule and default option Article 38 Ownership of results Article 39 Protection of results  What are the differences with FP7?  Definition of “appropriate period” and ”appropriate territorial coverage”  Clarification on the cases where the Commission can protect intellectual property of results if participants do not protect those themselves

Article 40 Exploitation and dissemination of results  Open Access  Will Open access be limited to Green open access or will it apply to Gold access?  How the Commission intends to ensure the implementation of the provision on open access?  How will the right balance between commercial interests and dissemination of results be attained?

 Prior notice to participants and possibility for Commission to object Article 41 Transfer and licensing of results Article 42 Background  Ways to identify background  Relationship with article 44 Article 43 Access rights principles  Impact of default on access rights  Conditions for access: Fair & reasonable which may be royalty-free

Article 45 Access rights for exploitation  Access rights for affiliates? Article 46 Access rights for the Union and the Member States  General rule: why & scope  Secure societies: why different + role of EDA Article 48 Prizes  Applicable rules

OTHER QUESTIONS  References to the Work Programmes in the Rules  Shall the new rules affect only new Article 185 Instruments or also the current ones that are continuing beyond 2014?  How the Commission intends to reduce the time-to-grant?  What changes for CIP?

Thank you very much for your attention!