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Council Regulation (Euratom) No 1314/2013 of 16 December 2013 on the Research and Training Programme of the European Atomic Energy Community (2014-2018) complementing the Horizon 2020 Framework Programme for Research and Innovation (repealed)
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1.Subject to paragraphs 2 and 3 of this Article, the participation of any legal entity in indirect actions undertaken under the Euratom Programme shall be governed by the rules laid down in Regulation (EU) No 1290/2013 of the European Parliament and of the Council.
2.For the purposes of the Euratom Programme, 'the security rules' referred to in the first subparagraph of Article 43(2) of Regulation (EU) No 1290/2013 shall include the defence interests of the Member States within the meaning of Article 24 of the Treaty.
By way of derogation from the first subparagraph of Article 41(3) of Regulation (EU) No 1290/2013, the Commission or the funding body may, with regard to results which are generated by participants having received Community financial contribution, object to transfers of ownership or to grants of both an exclusive and a non-exclusive licence, to third parties established in a third country not associated to the Euratom Programme where it considers that the grant or transfer is not in accordance with the interest of developing the competitiveness of the Union economy or is inconsistent with ethical principles or security considerations. 'Security considerations' shall include the defence interests of the Member States within the meaning of Article 24 of the Treaty.
By way of derogation from the first subparagraph of Article 46(1) of Regulation (EU) No 1290/2013, the Community and its joint undertakings shall, for the purpose of developing, implementing and monitoring Community policies and programmes or obligations assumed through international cooperation with third countries and international organisations, enjoy access rights to the results of a participant having received a Community financial contribution. Such access rights shall include the right to authorise third parties to use the results in public procurement and the right to sub-license and shall be limited to non-commercial and non-competitive use and shall be granted on a royalty-free basis.
3.The participant guarantee fund established pursuant to Regulation (EU) No1290/2013 shall replace and succeed the participant guarantee funds established pursuant to Regulation (Euratom) No 1908/2006 and Regulation (Euratom) No 139/2012.
Any sums from the participant guarantee funds established pursuant to Regulations (Euratom) No 1908/2006 and (Euratom) No 139/2012 shall be transferred, as of 31 December 2013, to the participant guarantee fund established pursuant to Regulation (EU) No1290/2013. The participants in actions under Decision 2012/93/Euratom signing grant agreements after 31 December 2013 shall make their contribution to the participant guarantee fund.
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