L 175/14 Official Journal of the European Union 4.7.2009 I (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 3 July 2009 amending Article 23(4) of Annex I to Council Regulation (EC) No 71/2008 setting up the Clean Sky Joint Undertaking (notified under document number C(2009) 5134) (2009/520/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, of Regulation (EC) No 1906/2006 of the European Parliament and of the Council () where access rights for use include for commercial exploitation and should ) o promote not only the creation but also the exploitation Having ?egard to the Treaty establishing the European of knowledge (ref. Recital 29 and Article 23(2) of Annex Community, I to Regulation (EC) No 71/2008), Having regard to Council Regulation (EC) No 71/2008 of 20 December 2007 setting up the Clean Sky Joint Under- taking ("), and in particular Article 24(2) of Annex I thereto, HAS ADOPTED THIS DECISION: Having regard to the draft amendment approved by the Governing Board of the Clean Sky Joint Undertaking on 10th Artide 1 October 2008, Article 23(4) of Annex I to Regulation (EC) No 71/2008 is replaced by the following: Whereas: (1) The Governing Board of the Clean Sky Joint Undertaking ‘4. The terms and conditions of access rights and licenses has approved and submitted a draft amendment between legal entities having concluded a grant agreement replacing in Article 23(4) of Annex I to Regulation with the Clean Sky Joint Undertaking shall be defined in (EC) No 712008 with a different text to allow the grant agreement with regards to Background and Fore- defining access rights not only for research use but ground for the purposes of completing the projects, and also for commercial use in the grant agreement. Foreground and Background necessary to use Foreground'. (2)  Whereas this amendment, which does not affect the essential elements of the Clean Sky Statutes is justified, as pursuant to Article 15 of Regulation (EC) No 71/2008, the intellectual rights policy of the Clean This Decision is addressed to the Clean Sky Joint Sky Joint Undertaking should be based on the principles Undertaking: Article 2 () O] L 30, 4.2.2008, p. 1. () 0] L 391, 30.12.2006, p. 1.