12.5.1999 Official Journal of the European Communities L 122/9 COMMISSION REGULATION (EC) No 996/1999 of 11 May 1999 on the implementation of Council Decision 1999/65/EC concerning the rules for the participation of undertakings, research centres and universities and for the dissemination of research results for the implementation of the fifth framework programme of the European Community (1998-2002) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Decision 1999/65/EC of 22 December 1998 concerning the rules for the participation of undertakings, research centres and universities and for the dissemination of research results for the implementa- tion of the fifth framework programme of the European Community (1998-2002) ('), and in particular Article 22 thereof, ) ( ( ) %) Whereas the fifth framework programme of the European Community for research, technological development and demonstration activities (1998- 2002) (hereinafter referred to as the ‘fifth frame- work programme’) was adopted by Decision No 182/1999/EC of the European Parliament and of the Council (%); whereas, detailed rules must be laid down for the implementation of the rules regarding participation in the actions and of the rules governing the dissemination of research results laid down by Decision 1999/65/EC; Whereas participation in indirect research and technological development (RTD) actions requires the concept of participant to be defined taking into account, in particular, the capacity in which he takes part in a project and his rights and obliga- tions; Whereas, in order to ensure that indirect RTD actions to be undertaken under the fifth framework programme have a European dimension, the application of the rules for the participation of undertakings, research centres and universities should place the emphasis on the requirement for several participants and on the transnational nature of the projects; Whereas the particular nature of the indirect RTD action or the RTD activity to be undertaken may justify making exceptions to those principles; Whereas, in view of their essentially transnational and EBuropean dimension, European Economic Interest Groupings (EEIG) within the meaning of 26, 1.2.1999, p. 4e6. oJ L OJ L 26, 1.2.1999, p. 1. (10) (1) ) () 0] 0J Council Regulation (EEC) No 2137/85 (%) should be able to take part on their own in indirect RTD actions requiring several participants; Whereas the Commission must be able to ensure that the participants will have the necessary resources, of whatever kind, to carry out indirect RTD actions; whereas, in order to safeguard the Community’s financial interests and avoid obstacles to such actions being carried out, the Commission must also be informed of the importance and origin of such resources, and of the conditions of their availability; Whereas the Community’s financial participation must be compatible with competition rules, notably those of the Community framework for State aid to research and development (*); Whereas the Community financial participation should be paid to the participants against justifica- tion of the eligible costs of the indirect RTD action, although other more appropriate methods may be used; Whereas, as regards indirect RTD actions consisting of research and technological develop- ment projects, demonstration projects and combined RTD/demonstration projects, the parti- cipants should charge total costs unless their accounting system allows only additional costs to be charged; Whereas, with a view to promoting innovation, reimbursement should be allowed with respect to certain costs of protecting knowledge and of meas- ures to demonstrate its potential for use, in compli- ance with the rules of the Community framework for State aid for research and development; Whereas the costs of coordinating a project can be significant and it should be possible to charge them where they are borne by the project co- ordinator; L 199, 31.7.1985, p. 1. C 83, 11.4.1986, p. 2.