What changed between the draft committee report and the plenary report

Added:9. Activities included in the annual work programme that are funded by the Participating States in accordance with Article 6(1), point (b) shall be implemented in compliance with common principles to be adopted by the PRIMA-IS, after obtaining approval from the Commission. The common principles shall take into account the principles set out in this Decision, in Title VIII of Regulation (EU, Euratom) 2018/1046 and in Chapter II of Regulation (EU) 2021/695. PRIMA-IS shall also adopt, after obtaining approval from the Commission, the reporting requirements of the Participating States to PRIMA-IS, including with regard to indicators inserted into each of those activities.

Added:10. The activities referred to in paragraph 1, point (b)(i) shall, in addition to the common principles referred to in paragraph 9, comply with the following conditions:

Added:(a) the proposals shall be for transnational projects, with minimum participation of at least three independent legal entities established in three different countries considered to be Participating States in accordance with this Decision by the submission deadline under the relevant call for proposals, of which:

Added:(i) at least one is established in a Member State or third country associated to Horizon 2020 or Horizon Europe respectively and does not fall under point (ii); and

Added:(ii) at least one is established in a third country listed in Article 1(2), or in a third country bordering the Mediterranean Sea;

Added:(b) the proposals shall be selected following transnational calls for proposals and shall be evaluated by at least three independent experts, on the basis of the following award criteria: excellence, impact, and quality and efficiency of the implementation;

Added:(c) the proposals shall be ranked according to the evaluation results. The selection shall be made by PRIMA-IS and should follow that ranking. The Participating States shall agree on an adequate funding mode that allows for maximising the number of proposals above threshold to be funded on the basis of that ranking, in particular, by providing reserve amounts to the national contributions for calls for proposals. In the event that one or more projects cannot be funded, the projects following directly in the ranking may be selected.

Added:11. PRIMA-IS shall monitor and report annually to the Commission on the implementation of all activities included in the annual work programme.

Added:12. Any communication or publication relating to the activities of PRIMA, and performed in cooperation with PRIMA, whether undertaken by PRIMA-IS, a Participating State or its national funding bodies, or participants to an activity, shall be labelled or co-labelled as follows:‘[name of the activity] is part of the PRIMA programme co-funded by the European Union.’ ;

Added:(7) Article 7 is replaced by the following:

Added:Rules for participation and dissemination

Added:‘1. PRIMA-IS shall be considered to be a funding body within the meaning of Regulation (EU) No 1290/2013 and of Article 2(14) of Regulation (EU) 2021/695 and shall provide financial support to indirect actions referred to in Article 6(1), point (a) of this Decision in accordance with the rules set out in the respective Regulations and subject to the derogations set out in this Article.

Added:2. In accordance with Article 17(2) of Regulation (EU) 2021/695 and by way of derogation from Article 9(1), point (b) of Regulation (EU) No 1290/2013, and from Article 22(2) of Regulation (EU) 2021/695, the minimum number of participants shall be three legal entities established in three different countries considered to be Participating States by the submission deadline under the relevant call for proposals of which at least one is established:

Added:(a) in a Member State or third country associated to Horizon 2020 or Horizon Europe respectively and does not fall under point (b); and

Added:(b) in a third country listed in Article 1(2), or in a third country bordering the Mediterranean Sea.

Added:3. By way of derogation from Article 9(3) of Regulation (EU) No 1290/2013 and from Article 22(2) of Regulation (EU) 2021/695, in duly justified cases provided for in the annual work programme, the minimum condition shall be the participation of one legal entity established in a Participating State by the submission deadline under the relevant call for proposals.

Added:4. By way of derogation from Article 10(1) and (2) of Regulation (EU) No 1290/2013 and from Article 23(1) and (2) of Regulation (EU) 2021/695, the following participants shall be eligible for funding by PRIMA-IS:

Added:(a) any legal entity established in a Participating State or created pursuant to Union law;

Added:(b) any international European interest organisation, as defined in Article 2(1), point (12) of Regulation (EU) No 1290/2013 for activities of PRIMA funded under Article 3(1), point (a) or any international European research organisation, as defined in Article 2(15) of Regulation (EU) 2021/695 for activities of PRIMA funded under Article 3 (1), point (b).

Added:5. In the case of a participating international organisation or of a participating legal entity established in a country which is not a Participating State, neither of which is eligible for funding in accordance with paragraph 4, funding by PRIMA-IS may be granted provided that at least one of the following conditions is fulfilled:

Added:(a) participation of the international organisation or legal entity concerned is deemed to be essential by PRIMA-IS for implementing the action;

Added:(b) participation of such entities is foreseen in the annual work programme and the possibility of such funding is provided for under a bilateral scientific and technological agreement or under any other arrangement that ensures the protection of the financial interest of the Union, which is concluded between the Union and, the international organisation or, for entities established in a country which is not a Participating State, the country in which the legal entity is established.

Added:6. Without prejudice to Regulation (EU, Euratom) 2018/1046, the applicable model grant agreement may lay down that legal entities established in countries which are not Participating States and which receive funding from PRIMA-IS shall also provide appropriate financial guarantees.

Added:7. The Union shall conclude agreements with third countries that allow the protection of the financial interests of the Union.’ ;

Added:(8) Article 8 is amended as follows:

Added:(a) paragraph 1 is replaced by the following :

Added:‘1. Subject to a positive ex-ante assessment of PRIMA-IS in accordance with Article 154(3) of Regulation (EU, Euratom) 2018/1046 and the provision of adequate financial guarantees in accordance with point Article 62(1), point (c)(vi) of that Regulation, the Commission, on behalf of the Union, shall conclude a Financial Framework Partnership agreement and contribution agreements with PRIMA-IS.’ ;

Added:(b) in paragraph 2 the first sentence is replaced by the following:

Added:‘ The Financial Framework Partnership agreement referred to in paragraph 1 of this Article shall be concluded in accordance with Article 130 of Regulation (EU, Euratom) 2018/1046.’;

Added:(9) In Article 9 the following paragraph 3 is added:

Added:‘3. The Commission’s decision to terminate, proportionally reduce or suspend the Union financial contribution shall not hinder the reimbursement of eligible costs already incurred by the Participating States before the decision is notified to PRIMA IS.’;

Added:(10) Article 10 is amended as follows:

Added:(a) paragraph 1 is replaced by the following:

Added:‘1. Ex-post audits of expenditure on indirect action under Regulation (EU) No 1291/2013 shall be carried out by PRIMA-IS in accordance with Article 29 of that Regulation.’;

Added:(b) the following paragraph 1a is inserted:

Added:‘1a. Audits of expenditure on indirect actions under Regulation (EU) 2021/695 shall be carried out by the PRIMA IS in accordance with Article 53 of Regulation (EU) 2021/695 as part of the Horizon Europe programme indirect actions, in particular in accordance with the audit strategy referred to in Article 53(2) of that Regulation.’;

Added:(11) Article 11 is amended as follows:

Added:(a) the following paragraph 3a is inserted:

Added:‘3a. The European Public Prosecutor’s Office (EPPO) is empowered, in accordance with Council Regulation (EU) 2017/1939, to investigate and prosecute criminal offences affecting the financial interests of the Union as set out in Article 4 of that Regulation.’ ;

Added:(b) paragraph 4 is replaced by the following:

Added:‘4. Without prejudice to paragraphs 1 to 3a, contracts, grant agreements and grant decisions, resulting from the implementation of this Decision shall contain provisions expressly empowering the Commission, PRIMA-IS, the Court of Auditors, the EPPO and OLAF to conduct such audits and investigations in accordance with their respective competences. Where the implementation of an action is outsourced or sub-delegated, in whole or in part, or where it requires the award of a procurement contract or financial support to a third party, the contract, grant agreement or grant decision shall include the contractor's or beneficiary's obligation to impose on any third party involved explicit acceptance of those powers of the Commission, PRIMA-IS, the Court of Auditors, EPPO and OLAF.’;

Added:(c) the following paragraph 4a is inserted:

Added:‘ 4a. The PRIMA- IS shall grant each Participating States’ national court of auditors, on their request, access to all the information related to the national contributions of the respective Participating State, including information in electronic format, needed in order to conduct their audits.’;

Added:(d) paragraph 5 is replaced by the following :

Added:‘5. In implementing PRIMA, the Participating States shall take the legislative, regulatory, administrative and other measures necessary for protecting the Union's financial interests, in particular, to ensure full recovery of any amounts due to the Union in accordance with Regulation (EU, Euratom) 2018/1046.’;

Added:(12) the following Article 11a is inserted:

Added:‘Article 11a

Added:Access to results and information on proposals

Added:1. The PRIMA- IS shall provide the Commission access to all information related to the indirect actions it funds. Such information shall include contributions and results of beneficiaries participating in indirect actions, or any other information deemed necessary for developing, implementing, monitoring and evaluating Union or where applicable Participating States’ policies or programmes. The Commission shall make such information accessible to the European Parliament where it refers to indirect actions which include beneficiaries established in their respective territories. Such access shall be provided only for non-commercial and non-competitive use and subject to applicable confidentiality rules.

Added:2. For the purposes of developing, implementing, monitoring and evaluating Union policies or programmes, the PRIMA-IS shall provide the Commission with the information included in submitted proposals. This shall apply mutatis mutandis to Participating States regarding proposals which include applicants established in their respective territories.’;

Added:(13) in Article 12, paragraphs 2 to 5 are replaced by the following:

Added:‘2. PRIMA-IS shall be governed by the Board of Trustees, in which all Participating States are represented. The Board of Trustees shall be the decision-making body of PRIMA-IS.

Added:The Board of Trustees, after obtaining approval from the Commission, shall adopt the following:

Added:The Board of Trustees shall verify that the conditions set out in Article 1(3) and point (c) of Article 4(1) are fulfilled and shall inform the Commission accordingly.

Added:The Board of Trustees shall approve the participation in PRIMA of any third country not associated to Horizon 2020 or Horizon Europe other than those listed in Article 1(2), after examining the relevance of its participation to achieving the objectives of PRIMA.

Added:Each Participating State shall have one vote in the Board of Trustees. Decisions shall be taken by consensus. Where no consensus is reached the Board of Trustees shall adopt its decisions by a majority of at least 75 % of the valid votes cast.

Added:The Union, represented by the Commission, shall be invited to all the meetings of the Board of Trustees as an observer, and may take part in the discussions. It shall receive all necessary documents.

Added:3. The Board of Trustees shall determine the number of Steering Committee members, which shall not be less than five, and shall appoint them. The Steering Committee shall monitor the work of the director and advise the Board of Trustees on the implementation of PRIMA by the Secretariat. In particular, it shall provide guidance on the implementation of the annual budget and on the annual work programme.

Added:4. The Board of Trustees shall establish the Secretariat of PRIMA-IS as the executive body of PRIMA.

Added:The Secretariat shall: