30.12.2002 Official Journal of the European Communities L 355/23 REGULATION (EC) No 2321/2002 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2002 concerning the rules for the participation of undertakings, research centres and universities in, and for the dissemination of research results for, the implementation of the European Community Sixth Framework Programme (2002-2006) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 167 and the second paragraph of Article 172 thereof, Having regard to the proposals from the Commission (1), Having regard to the opinion of the Economic and Social Committee (3), Acting in accordance with the procedure referred to in Article 251 of the Treaty (3), Whereas: 1) The Sixth Framework Programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to inno- vation (2002-2006) (‘the Sixth Framework Programme’), was adopted by Decision No 1513/2002/EC of the European Parliament and of the Council (. The rules for financial participation by the Community, as set out in Annex III to that Decision, need to be supple- mented by other provisions. Those provisions should fit into a coherent and trans- parent framework which takes full account of the objectives and characteristics of the instruments defined in Annex III to the Sixth Framework Programme in order to guarantee the most efficient implementation possible, taking into account the need for easy access of participants through simplified procedures. This will especially be the case for small or medium-sized enterprises (SMEs), owing to the participation of enterprise groupings. The rules for the participation of undertakings, research centres and universities should take account of the nature of the research and technological development () OJ C 332E, 27.11.2001, p. 275, O] C 103 E, 30.4.2002, p. 266 and O] C 262 E, 29.10.2002, p. 489. () O] C 94, 18.4.2002, p. 1. (}) Opinion of the European Parliament of 3 July 2002 (not yet published in the Official Journal), and Council Decision of 5 November 2002. () O] L 232, 29.8.2002, p. 1. activities, including demonstration activities. They may, moreover, vary depending on whether the participant is based in a Member State, in an associated State, whether a candidate country or not, or in a third country, and on its legal structure, namely whether it is a national organisation, an international organisation, of European interest or not, a SME, a European Economic Interest Grouping, or an association formed by participants. In conformity with the Sixth Framework Programme, the participation of legal entities from third countries should be envisaged, in line with the objectives of inter- national cooperation, particularly as enshrined in Articles 164 and 170 of the Treaty. International organisations which are dedicated to developing cooperation in the field of research in Europe and which are largely made up of Member States or associated States contribute to the creation of the European Research Area. They should therefore be encouraged to participate in the Sixth Framework Programme. The Joint Research Centre takes part in indirect research and technological development actions on the same basis as legal entities established in a Member State. Activities under the Sixth Framework Programme should comply with the financial interests of the Community and should safeguard those interests. The Commission's responsibility for the implementation of the framework programme and its specific programmes also includes the financial aspects arising therefrom. The rules governing the dissemination of research results should promote the protection of intellectual property and the use and dissemination of those results. They should ensure that participants have mutual access to pre-existing know-how and to knowledge arising from research work to the extent necessary to conduct the research work or to use the resulting knowledge. At the same time, they should guarantee the protection of the participants' intellectual assets. They should also take account of the features of the integrated projects and networks of excellence, in particular by offering a high degree of flexibility to the participants, and allowing them to agree among themselves on the most suitable arrangements for their collaboration and for the exploi- tation of the resulting knowledge. These agreements may form part of a consortium agreement.