Article 30.3 Of The Grant Agreement

In all cases, if a transfer is possible or authorized, please note that the purchaser (U.S. company) must continue to fulfill certain obligations, such as obligations. B use, dissemination and granting access rights to project results (see Article 30.1 of the model grant agreement). If optional section 30.3 is not included in your GA, transfers to third parties are allowed regardless of their location. However, if the purchaser is in a third country, i.e. a third country that is not linked to Horizon 2020 (for example. B the United States), transfers are theoretically possible, but can be made under certain conditions. It depends on whether your own grant agreement has an optional clause (Article 30.3 of the Model Grant Agreement). Under Horizon 2020, the general principle is that each partner has the right to transfer its own project results to a third party, such as its parent company, for example.B. If this optional clause is included in your grant agreement, the transfer of project results to a third party based in the United States – or another non-associated country – is formally notified prior to the European Commission. As a result of this notification, the Commission has the right to object to the delegation if it considers that it is not in line with the EU`s competition interests, is not in accordance with ethical principles or is not in accordance with security considerations. If the Commission makes objections, no transfer can take place; if the transfer is allowed, provided certain conditions are met, not to be transferred until these conditions are met.

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