16. 12. 95 Official Journal of the European Communities No L 304/11 COMMISSION REGULATION (EC) No 2897/95 of 15 December 1995 on the implementation of Article 1 of Council Decision 94/762/EC concerning the rules for the dissemination of the research results from the specific programmes of research, technological development and demonstration of the European Community THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Decision 94/762/EC of 21 November 1994 concerning the rules for the dissemina- tion of the research results from the specific programmes of research, technological development and demonstra- tion of the European Community ('), and in particular Article 2 thereof, Whereas, in Decision No 1110/94/EC (%) the European Parliament and the Council adopted the fourth frame- work programme for Community research and technolo- gical development for the period 1994 to 1998, which states that the rules governing the dissemination of results are to be determined in a separate Council decision accor- ding to Article 130j of the Treaty; Whereas such rules have been adopted in the form of Decision 94/762/EC ; whereas Article 1 of that Decision sets out the rules applicable to the dissemination and exploitation of knowledge gained from specific research, technological development and demonstration (RTD) programmes adopted in acordance with Article 130i (4) of the Treaty and Article 2 (1) of the same Decision ; Whereas, under the terms of the introductory paragraph of Article 1 of Decision 94/762/EC, the rules set out therein are applicable while respecting pre-existing rights ; Whereas the 20th subparagraph of Annex III to Decision No 1110/94/EC states that the dissemination activities must be consistent and coordinated, which implies not only centralized management (as the third activity) but also dissemination arrangements within the specific programmes under the first activity ; whereas such activi- ties are to be developed within the legal framework set out by the Council through adoption of the rules governing dissemination of the know-how acquired under the specific programmes and the other arrangements for implementing the framework programme ; Whereas the Treaty states in its Article 130f that the Community shall have the objective of strengthening the () OJ No L 306, 30. 11. 1994, p. 5. () OJ No L 126, 18. 5. 1994, p. 1. scientific and technological basis of Community industry and encouraging it to become more competitive at inter- national level, while promoting all the research activities deemed necessary by virtue of other chapters of the Treaty ; Whereas shared-cost contracts have become the predomi- nant means of implementing the Community’s specific programmes of research and technological development, and account for the greatet portion of the total financing allocated for the entire framework programme ; Whereas under these contracts work is often carried out by several partners from both industry and the scientific world, working in cooperation to implement one or more research and technological development projects and having ownership of the results, since the Community does not generally involve itself directly in the work carried out under contracts of this kind; Whereas the increasing number of these multi-partner projects and the industrial component in various programmes has necessitated the adoption of harmonized contractual clauses concerning the dissemination and exploitation of knowledge in connection with research and development contracts concluded by the Commis- sion ; whereas account must be taken of the results of this contractual practice, particularly in view of the large number of contracts and partners involved and the rights which they have established ; Whereas the arrangements created through this contrac- tual practice were taken up in Council Decision 92/272/EEC(®) and Commission Regulation (EC) No 1950/94 () adopting the dissemination and exploitation rules for the third framework programme ; whereas the same are basically consistent with the rules set out in Article 1 of Decision 94/762/EC; Whereas the Council and the Commission adopted on 26 June 1992 a joint declaration on the negotiating approach in respect of intellectual property aspects of scientific and () OJ No L 141, 23. 5. 1992, p. 1. () OJ No L 200, 3. 8. 1994, p. 4.