23.7.1999 Official Journal of the European Communities L 190/3 COMMISSION REGULATION (EURATOM) No 1605/1999 of 22 July 1999 on the implementation of Council Decision 1999/66/Euratom concerning the rules for the partici- pation of undertakings, research centres and universities for the implementation of the fifth framework programme of the European Atomic Energy Community (1998-2002) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Atomic Energy Community, Having regard to Council Decision 1999/66/Euratom of 22 December 1998 concerning the rules for the participation of undertakings, research centres and universities in the imple- mentation of the fifth framework programme of the European Atomic Energy Community (Euratom) (1998-2002) (') and in particular Article 13 thereof, 1) Whereas the fifth framework programme of the Euro- pean Atomic Energy Community for research and training activities (1998-2002) (hereinafter referred to as the ‘fifth framework programme’) was adopted by Council Decision 1999/64/Euratom (2); whereas, detailed rules must be laid down for the implementation of the rules regarding participation in the actions laid down by Decision 1999/66/Euratom; Whereas participation in indirect research and techno- logical activities including demonstration activities and training activities (RTDT) requires the concept of partici- pant to be defined taking into account, in particular, the capacity in which he takes part in a project and his rights and obligations; Whereas, in order to ensure that indirect RTDT 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 transna- tional nature of the projects; Whereas the particular nature of the indirect RTDT action or the RTDT activity to be undertaken may justify making exceptions to those principles; Whereas, in view of their essentially transnational and European dimension, European Economic Interest Groupings (EEIG) within the meaning of Council Regula- tion (EEC) No 2137/85 (*) should be able to take part on their own in indirect RTDT actions requiring several participants; , 1.2.1999, p. 56. 1.2.1999, p. 34. 9, 31.7.1985, p. 1. (6) (10) (11) (12) (13) (14) Whereas the Commission must be able to ensure that the participants will have the necessary resources, of whatever kind, to carry out indirect RTDT actions; whereas, in order to safeguard the Community's finan- cial 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 (%); Whereas, the Community's financial participation should be paid to the participants against justification of the eligible costs of the indirect RTDT action, although other more appropriate methods may be used; Whereas, as regards indirect RTDT actions consisting of research and technological projects, demonstration projects and combined research/demonstration projects, the participants should charge total costs unless their accounting system allows only additional costs to be charged; Whereas, with a view to promoting innovation, reim- bursement should be allowed with respect to certain costs of protecting knowledge and of measures to demonstrate its potential for use; 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 coordinator; Whereas provision should be made for charging over- heads on a flat-rate basis, particularly with a view to encouraging a transition towards the charging of total costs; Whereas contracts may provide for payment of the Community's financial contribution in instalments; whereas there may nevertheless be restrictions on the possibility of the payment of an initial advance; Whereas the Community's financial contribution should be paid without prejudice to financial controls carried out by or on behalf of the Commission or the Court of Auditors; () O] C 83, 11.4.1986, p. 2.