What changed, Commission Delegated Regulation (EU) 2019/856 of 26 February 2019 supplementing Directive 2003/87/EC

+ (3) ‘small-scale project’ means a project with a total capital expenditure not exceeding EUR 20 000 000 ;
+ 
+ (4) ‘medium-scale project’ means a project with a total capital expenditure above EUR 20 000 000 and not exceeding EUR 100 000 000 ;
+ 
+ (5) ‘decision launching a call for proposals’ means a financing decision by which the Commission enables the financing of a call for proposals in accordance with Article 110 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (1) (‘the Financial Regulation’);
+ 
+ (6) ‘competitive bidding procedure’ means a procedure whereby producers of low or zero carbon products that have applied for Innovation Fund support are selected on the basis of the most competitive bid, in accordance with Article 13d of this Regulation;
+ 
+ (7) ‘qualification requirement’ means a condition that shall be fulfilled by a bidder in a competitive bidding procedure in order for its bid to be ranked;
+ 
+ (8) ‘ranking criterion’ means the criterion used in competitive bidding procedures to rank proposals that meet the qualification requirements. The ranking criterion is always the bid price, put in direct relation to the product or objective forming the subject of the competitive bidding procedure, b…
+ 
+ (9) ‘competitive bidding procedure design’ means the description of the main economic parameters of a competitive bidding procedure that directly influence the incentive structure and bidding behaviour of project proponents;
− (3) ‘small-scale project’ means a project with a total capital expenditure not exceeding EUR 7 500 000 .
+ (10) ‘clearing price’ means the price of the marginal bid that fulfils the applicable qualification requirements in a competitive bidding procedure.
+ 
+ 
+ (aa) to support projects that are sufficiently mature, have a significant potential to reduce greenhouse gas emissions and are aimed at scaling up innovative technologies, processes or products to achieve their broad commercial roll-out across the EU;
+ The Innovation Fund support may take the following forms:
− The Innovation Fund support to the project may take the following forms:
+ (c) where necessary to achieve the objectives of Directive 2003/87/EC, funding in any of the other form laid down in the Financial Regulation, in particular prizes and procurement.
− (c) where necessary to achieve the objectives of Directive 2003/87/EC, funding in any of the other form laid down in Regulation (EU, Euratom) 2018/1046 (the ‘Financial Regulation’), in particular prizes, and procurement.
+ ## CHAPTER II — Specific provisions applicable to grants that are not awarded on the basis of Chapters IIa, IIb or IIc
− ## CHAPTER II — Specific provisions applicable to grants
+ For the purposes of the fifth sentence of the sixteenth subparagraph of Article 10a(8) of Directive 2003/87/EC, the relevant costs shall be the net extra costs that are borne by the project proponent as a result of the application of the innovative technology related to the reduction or avoidance of…
− **1.** For the purposes of the fourth sentence of the third subparagraph of Article 10a(8) of Directive 2003/87/EC, the relevant costs shall be the additional costs that are borne by the project proponent as a result of the application of the innovative technology related to the reduction or avoidan…
+ The net extra costs shall be calculated as the difference between (i) the best estimate of economic costs (covering investment and operation) and economic revenues and operational benefits, and (ii) the best estimate of the economic costs and revenues and operational benefits of a project using a co…
− Where conventional production referred to in the first subparagraph does not exist, the relevant costs shall be the best estimate of the total capital expenditure and the net present value of operating costs and benefits arising during 10 years after the entry into operation of the project.
+ The Commission may also decide that the relevant costs shall be the net extra costs, calculated as the difference between the best estimate of (i) the economic costs (covering investment and operation) and (ii) the economic revenues and operational benefits.
− **2.** The relevant costs of a small-scale project shall be the total capital expenditure costs of that project.
+ **1.** Grants shall be disbursed when the pre-determined milestones are reached.
− **1.** The Innovation Fund support, in the form of a grant, shall be disbursed upon reaching the pre-determined milestones.
+ **4.** Up to 40 % of the total amount of the grant to a specific project shall be disbursed upon financial close or upon reaching a specific milestone preceding financial close where such a milestone has been determined in accordance with paragraph 3.
− **4.** Up to 40 % of the total amount of the Innovation Fund support, including project development assistance, to a specific project shall be disbursed upon financial close or upon reaching a specific milestone preceding financial close where such a milestone has been determined in accordance with …
+ **5.** The remainder of the total amount of the grant shall be disbursed after the financial close. It may be partially disbursed prior to the entry into operation and in annual instalments after the entry into operation.
− **5.** To the extent that the total amount of the Innovation Fund support to a specific project has not been disbursed pursuant to paragraph 4, that amount shall be disbursed after the financial close. It may be partially disbursed prior to the entry into operation and in annual instalments after th…
− 
− **6.** For the purposes of paragraphs 4 and 5 of this Article, the total amount of the Innovation Fund support provided to a specific project shall include the amount of the Innovation Fund support provided to that project by way of project development assistance in accordance with Article 13.
+ **1.** The project proponents shall be invited to apply for grants through open calls for proposals launched by the Commission. Before adopting a decision launching a call for proposals, the Commission shall consult the Member States on the draft decision.
− **1.** The project proponents shall be invited to apply for the Innovation Fund support through open calls for proposals launched by the Commission.
+ **2.** The Commission decision launching the calls for proposals shall include at least the following:(a) the overall amount of the Innovation Fund support available for the call;▼M2 —————▼B(c) the types of solicited projects or sectors;▼M2(d) a description of the application procedure, specifying w…
− Before adopting a decision launching a call for proposals, the Commission shall consult the Member States on the draft decision.
− **2.** The Commission decision launching the calls for proposals shall include at least the following:(a) the overall amount of the Innovation Fund support available for the call;(b) the maximum amount of the Innovation Fund support available for project development assistance;(c) the types of solic…
− 
+ **2.** If the two-stage application procedure is being used, it shall consist of the following consecutive stages:(a) the expression of interest stage;(b) the full application stage.During the expression of interest stage, the project proponent shall submit a description of the key project character…
− **2.** The two-phase application procedure shall consist of the following subsequent phases:(a) the expression of interest phase;(b) the full application phase.
+ **3.** Where the one-stage application procedure applies, the project proponent shall submit a full application as described in paragraph 2, third subparagraph.
− At the expression of interest phase, the project proponent shall submit a description of key project characteristics in line with the requirements laid down in the relevant call for proposals, including the description of the project’s effectiveness, degree of innovation, and maturity as specified i…
+ **4.** A simplified application procedure may be applied for small-scale projects.
− At the full application phase, the project proponent shall submit a detailed description of the project and all supporting documentation, including the knowledge-sharing plan.
+ ### Article 11 — Award criteria
− **3.** Where the one-phase application procedure applies, the project proponent shall submit a full application as described in paragraph 2, third subparagraph.
+ **1.** Grants shall be awarded on the basis of the following criteria:(a) effectiveness of the proposed projects in terms of their greenhouse gas emission avoidance potential and in terms of reducing overall climate impact using, where applicable, the benchmarks referred to in Article 10a(2) of Dire…
− **4.** A simplified application procedure may be applied for small-scale projects.
+ **2.** Additional award criteria aimed at achieving a geographically balanced distribution of the Innovation Fund support may also be included in the call for proposals for the purposes of awarding grants to the selected projects.
− ### Article 11 — Selection criteria
+ **3.** Where the Commission launches a sector-specific call for proposals or provides for a sector-specific topic within a call for proposals, additional award criteria or requirements may be included in the call documents to evaluate the potential contribution of the proposed projects to the object…
− **1.** The selection of projects for the Innovation Fund support shall be based on the following criteria:(a) effectiveness in terms of greenhouse gas emission avoidance potential, where applicable, compared to the benchmarks referred to in Article 10a(2) of Directive 2003/87/EC;(b) degree of innova…
+ ### Article 12 — Selection procedure for the two-stage application procedure
− **2.** Additional criteria aimed at achieving a geographically balanced distribution of the Innovation Fund support may also be applied for the purposes of project selection.
+ **1.** Based on the applications received during the expression of interest stage, the implementing body shall assess the eligibility of each proposed project in accordance with Article 10a(8) of Directive 2003/87/EC. The implementing body shall then select eligible projects in accordance with the p…
− ### Article 12 — Selection procedure for the two-phase application procedure
+ **2.** Based on the applications received at the expression of interest stage, the implementing body shall draw up a list of the projects that meet the award criteria laid down in Article 11(1), points (a), (b) and (c), and shall invite the proponents of those projects to submit a full application.
− **1.** Based on the applications received at the expression of interest phase, the implementing body shall assess, for each project, the eligibility in accordance with Article 10a(8) of Directive 2003/87/EC. The implementing body shall then proceed with the selection of eligible projects under parag…
+ **3.** Based on the full application received in accordance with paragraph 2, the implementing body shall proceed with the project evaluation and ranking based on all award criteria laid down in Article 11. Applications shall be assessed by an evaluation committee, which may be fully or partially co…
− **2.** Based on the applications received at the expression of interest phase, the implementing body shall draw up a list of the projects that meet the selection criteria laid down in points (a), (b) and (c) of Article 11(1) and shall invite the proponents of those projects to submit a full applicat…
+ **4.** The list of pre-selected projects referred to in paragraph 3 shall be communicated to the Commission and shall include at least the following:(a) a confirmation of compliance with the eligibility and award criteria;(b) details on project evaluation and ranking;(c) total project costs and rele…
− Where the implementing body concluded that a project meets the selection criteria laid down in points (a) and (b) of Article 11(1), but does not meet the criterion laid down in point (c) of Article 11(1), the implementing body shall assess whether that project has the potential to meet all selection…
+ **5.** On the basis of what was communicated pursuant to paragraph 4, the Commission shall, after consulting the Member States in accordance with Article 21(2), adopt the award decision specifying the support to be provided to the selected projects and, where appropriate, draw up a reserve list.
− **3.** Based on the full application received in accordance with paragraph 2 of this Article, the implementing body shall proceed with the project evaluation and ranking based on all selection criteria laid down in Article 11. For the purposes of that evaluation, the implementing body shall compare …
+ **6.** The implementing body shall provide the Commission with the applications that meet the criteria set out in Article 11(1), points (a) and (b), but that have not been pre-selected. If the applicants agree, the Commission may transfer these applications to the entity in charge of awarding projec…
− **4.** The list of pre-selected projects referred to in paragraph 3 and, where applicable, the suggestion referred to in the second subparagraph of paragraph 2 shall be communicated to the Commission and shall include at least the following:(a) a confirmation of the compliance with the eligibility a…
+ ### Article 12a — Selection procedure for the one-stage application procedure
− **5.** On the basis of what was communicated pursuant to paragraph 4 of this Article, the Commission shall, after consulting the Member States in accordance with Article 21(2), adopt the award decision specifying the support to the selected projects and, where appropriate, draw up a reserve list.
− 
− ### Article 12a — Selection procedure for the one-phase application procedure
+ **2.** Based on the applications received, the implementing body shall draw up a list of the projects that meet the award criteria laid down in Article 11 and shall proceed with the project evaluation and ranking based on the award criteria laid down in that Article. Applications shall be assessed b…
− **2.** Based on the applications received, the implementing body shall draw up a list of the projects that meet the selection criteria laid down in Article 11 and shall proceed with the project evaluation and ranking based on the selection criteria laid down in that Article. For the purposes of that…
+ **3.** The implementing body shall provide the Commission with the applications that meet the criteria set out in Article 11(1), points (a) and (b), but have not been pre-selected. If the applicants agree, the Commission may transfer these applications to the entity in charge of awarding project dev…
− **3.** Where the implementing body concludes that a project meets the selection criteria laid down in Article 11(1), points (a), (b), (d) and (e) and, where applicable, the selection criterion established in accordance with Article 11(2), but does not meet the criterion laid down in Article 11(1), p…
+ **4.** The list of pre-selected projects referred to in paragraph 2 shall be communicated to the Commission and shall include at least the following:(a) a confirmation of compliance with the eligibility and award criteria;(b) details on project evaluation and ranking;(c) total project costs and rele…
− **4.** The list of pre-selected projects referred to in paragraph 2 and, where applicable, the suggestion referred to in paragraph 3 shall be communicated to the Commission and shall include at least the following:(a) a confirmation of the compliance with the eligibility and selection criteria;(b) d…
+ ## CHAPTER IIa — Project development assistance
+ 
+ 
+ **1.** The Commission shall, after consulting the Member States in accordance with Article 21(2), point (c), determine the maximum amount of Innovation Fund support available for project development assistance.
+ 
+ **2.** The Commission may award project development assistance in the form of technical assistance to any project that falls within the scope of the Innovation Fund, as set out in Article 10a(8), first and sixth subparagraphs of Directive 2003/87/EC.
+ 
+ **3.** The following activities may be funded by way of project development assistance:(a) improvement and development of project documentation or of components of the project design with a view to ensuring the sufficient maturity of the project;(b) assessment of the feasibility of the project, incl…
+ 
+ **4.** If project development assistance is implemented under indirect management, the implementing entity shall carry out the selection procedure and take the decision to award the project development assistance after having consulted the Commission. The award criteria shall take into account the d…
+ 
+ ## CHAPTER IIb — Specific provisions applicable to competitive bidding procedures
+ 
+ ### Article 13a — Competitive bidding procedure design and principles
+ 
+ **1.** The Commission shall set out the competitive bidding procedure design in accordance with the principles of openness, clarity, transparency and non-discrimination.
+ 
+ **2.** Competitive bidding procedures shall be designed so as to minimise the risk of speculative bidding.
+ 
+ **3.** All competitive bidding procedures shall have a maximum budget or volume that acts as a binding constraint. Undersubscribed competitive bidding procedures shall be adapted to restore effective competition in the subsequent competitive bidding procedures.
+ 
+ **4.** The competitive bidding procedure design shall be published sufficiently in advance of the publication of the call for proposals to enable effective competition.
+ 
+ ### Article 13b — Calls for proposals
+ 
+ **1.** Project proponents shall be invited to apply for a competitive bidding procedure through open calls for proposals launched by the Commission.
+ 
+ **2.** Before adopting a decision launching a call for proposals, the Commission shall consult the Member States on the draft decision.
+ 
+ **3.** The Commission decision launching the calls for proposals shall clearly set out the following:(a) the policy objectives pursued by the call;(b) the precise definition and requirements of the low or zero carbon product for which support may be granted;(c) the budget provided by the Innovation …
+ 
+ ### Article 13c — Qualification requirements
+ 
+ **1.** Only proposals that meet the qualification requirements shall be considered for the ranking procedure set out in Article 13d.
+ 
+ **2.** Qualification requirements shall aim at ensuring that project proponents participating in the competitive bidding procedure are able to complete the proposed project in accordance with the competitive bidding procedure design, with the terms of the call for proposals and with the objectives i…
+ 
+ **3.** Qualification requirements shall be limited to what is necessary to achieve the objectives of the competitive bidding procedure and to ensure the highest degree of competition and quality of submitted proposals.
+ 
+ **4.** Qualification requirements may be eligibility, selection, and award criteria within the meaning of the Financial Regulation.
+ 
+ ### Article 13d — Ranking procedure
+ **1.** Proposals that meet the qualification requirements shall be ranked from the lowest offered price to the highest, unless additional criteria are applied pursuant to paragraph 2.
+ 
+ **2.** The Commission may decide, exceptionally, to use additional criteria for the ranking of the proposals, provided that the bid price, put in direct relation to the product or objective forming the subject of the competitive bidding procedure, accounts for at least 70 % of the weighting of the r…
+ 
+ **3.** The implementing body shall draw up the list of pre-selected proposals and communicate it to the Commission. The list shall contain:(a) a confirmation of compliance with the qualification requirements;(b) details on the ranking;(c) the amount of support requested;(d) the projected volume of t…
+ 
+ **4.** At the request of the Commission, the implementing body shall also communicate the ranking of proposals that meet the qualification requirements but whose price is above the clearing price.
+ 
+ **5.** On the basis of what was communicated pursuant to paragraph 3, the Commission shall, after consulting the Member States in accordance with Article 21(2), adopt the award decision specifying the support to be provided to the selected proposals and, where appropriate, draw up a reserve list.
+ 
+ ### Article 13e — Cumulation
+ 
+ **1.** For each competitive bidding procedure, the Commission may decide to restrict the possibility for a project proponent to cumulate the support awarded on the basis of a competitive bidding procedure with EU funding or national public support.
+ 
+ **2.** Any restrictions adopted pursuant to paragraph 1 shall be limited to what is necessary to ensure a level playing field and to achieve the objectives of the competitive bidding procedure.
+ 
+ **3.** The scope and rationale of the restrictions referred to in paragraph 1 shall be clearly set out in the draft decision submitted to Member States pursuant to Article 13b(2) as well as in the publication of the competitive bidding procedure design elements referred to in Article 13a(4).
+ 
+ ### Article 13f — Deposits
+ 
+ **1.** The Commission may request deposits, in accordance with Article 10a(8a) of Directive 2003/87/EC, in the form of a financial guarantee, in order to mitigate the risk of speculative bidding or to incentivise project proponents to deliver the proposed project on time and in accordance with their…
+ 
+ **2.** Retained deposits shall accrue to the Innovation Fund as external assigned revenue pursuant to Article 21(5) of the Financial Regulation.
+ 
+ ## CHAPTER IIc — Specific provisions applicable to technical assistance provided to Member States with a low level of effective participation
− **1.** The Commission shall, after consulting the Member States in accordance with Article 21(2)(c), determine the maximum amount of the Innovation Fund support available for project development assistance.
+ ### Article 13g — Technical assistance provided to Member States with a low level of effective participation
− **2.** The project development assistance shall be awarded by the Commission or by the implementing body in accordance with Article 12(2) or 12a(3) in the form of a grant or a technical assistance.
+ **1.** Member States with the lowest ratio based on the Innovation Fund support received by projects on their territory compared with their share of EU ETS verified emissions in 2013-2020 may be eligible for technical assistance provided by the Commission in accordance with Article 10a(8), fourteent…
− **3.** The following activities may be funded by way of project development assistance:(a) improvement and development of a project documentation, or of components of the project design, with a view to ensuring the sufficient maturity of the project;(b) assessment of the feasibility of the project, …
+ **2.** The maximum amount of the Innovation Fund support available for technical assistance as well as the list of Member States eligible for technical assistance shall be determined by the Commission after consulting the Member States in accordance with Article 21(2)(d). The list of eligible Member…
− **4.** For the purposes of project development assistance, the relevant costs shall be all project development related costs. The Innovation Fund may finance up to 100 % of the relevant costs.
+ ## CHAPTER III — Specific provisions applicable to other forms of Innovation Fund support
− ## CHAPTER III — Specific provisions applicable to the forms of the Innovation Fund support other than grants
+ ►M2 The implementing body designated in accordance with Article 17(1) of this Regulation to implement the Innovation Fund in accordance with Article 17(2) may be entrusted with the overall management of the calls for proposals, the disbursement of the Innovation Fund support and the monitoring of th…
− The implementing body designated in accordance with Article 17(1) may be entrusted with the overall management of the call for proposals, the disbursement of the Innovation Fund support, and the monitoring of the implementation of selected projects. For that purpose, the implementing body may be ent…
+ (c) organising the selection procedure, including the proposals’ evaluation and ranking;
− (c) organising the project selection, including the project evaluation or the due diligence assessment and ranking;
+ (m) information, communication and promotion actions, including the production of the promotion materials;
− (m) information, communication and promotion actions, including the production of the promotion materials, and the development of the Innovation Fund logo;
+ 
+ (oa) fostering synergies between the Innovation Fund and other EU funding programmes (including Horizon Europe);
+ 
+ Following the closure of each call for proposals organised pursuant to Articles 9 and 10, the implementing body shall share information with the Member States on the applicants, their projects, their contact details, the requested grant amount, the greenhouse gas emission avoidance potential and env…
+ 
+ Following the closure of each call for proposals organised pursuant to Article 13b, the implementing body shall share with the Member States information on the project proponents, their projects, their contact details, the amount of Innovation Fund support requested and, where relevant, envisaged da…
+ 
+ The sharing of information referred to in second and third paragraphs is subject to the project proponents’ consent and EU legislation.
+ **1.** Where the Commission designates an executive agency as implementing body under Article 17(1) of this Regulation, such a Commission decision shall be subject to the result of the cost-benefit analysis referred to in Article 3 of Council Regulation (EC) No 58/2003 (2) and the agreement referred…
− **1.** Where the Commission designates an executive agency as implementing body under Article 17(1) of this Regulation, such a Commission decision shall be subject to the result of the cost-benefit analysis referred to in Article 3 of Council Regulation (EC) No 58/2003 (1) and the agreement referred…
+ **2.** Where disbursed amounts are recovered under Articles 7 and 8 of this Regulation, the recovered amounts shall constitute external assigned revenue in accordance with Article 21 of the Financial Regulation and shall be used to finance the Innovation Fund’s operations.
− **2.** Where amounts disbursed by way of direct management are recovered under Articles 7 and 8 of this Regulation, the recovered amounts shall constitute assigned revenue in accordance with Article 21 of the Financial Regulation and shall be used to finance the Innovation Fund operations.
+ **3.** For all implementing tasks carried out by the Commission, including through an executive agency, the revenue of the Innovation Fund shall constitute external assigned revenue within the meaning of Article 21, paragraphs 1 and 5 of the Financial Regulation. The revenue of the Innovation Fund s…
− **3.** For all implementing tasks carried out by the Commission, including through an executive agency, the revenue of the Innovation Fund shall constitute external assigned revenue within the meaning of paragraphs 1 and 5 of Article 21 of the Financial Regulation. That assigned revenue shall also c…
+ **4.** A project that has received the Innovation Fund support may also receive a contribution from any other EU programme, including funds under shared management, provided that those contributions do not cover the same costs and no restrictions have been introduced in accordance with Article 13e(1…
− **4.** A project that has received the Innovation Fund support may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs. The cumulative financing shall not exceed the total eligible costs of t…
+ **4.** Subject to the provisions of Directive 2003/87/EC, Innovation Fund revenues remaining at the end of the eligibility period for the supported projects shall be used to support new projects that meet the eligibility criteria laid down in Article 10a(8) of that Directive until all the revenues a…
− **4.** Subject to the provisions of Directive 2003/87/EC, Innovation Fund revenues remaining at the end of the eligibility period for the supported projects shall be used to support new projects that meet the eligibility criteria laid down in Article 10a(8) of Directive 2003/87/EC until all the reve…
+ **2.** The Member States shall be consulted on:▼M2(a) the list of the pre-selected proposals, including the reserve list, established in accordance with Articles 12, 12a and 13d;(b) draft Commission decisions referred to in Articles 9(1), 13b, 14(2) and 15(1);(c) the maximum amount of the Innovation…
− **2.** The Member States shall be consulted on:▼M1(a) the list of the pre-selected projects, including the reserve list, and the list of projects proposed for project development assistance in accordance with Article 12(2), second subparagraph, or Article 12a(3), prior to the award of the support;▼B…
− **5.** After completion of the each call for proposals, the Commission shall report to the Member States on the implementation of that call for proposals.
− 
− **6.** The Commission shall report annually to the Council and to the European Parliament on the progress of the implementation of the Innovation Fund.
− 
+ **1.** In 2025 and every 5 years thereafter, the Commission shall carry out an evaluation of the operation of the Innovation Fund. The evaluation shall focus on, but shall not be limited to, the assessment of synergies between the Innovation Fund and other relevant EU programmes, notably the EU Fram…
− **1.** In 2025 and every five years thereafter, the Commission shall carry out an evaluation on the operation of the Innovation Fund. The evaluation shall focus on, but shall not be limited to, the assessment of synergies between the Innovation Fund and other relevant Union programmes, as well as th…
+ **1.** The project proponents shall proactively and systematically promote the projects supported under this Regulation and their results and impact by making relevant information publicly available through all available communication channels, including their websites and social media accounts. Tha…
− **1.** The project proponents shall proactively and systematically make publicly available on their websites information relating to projects supported under this Regulation. Such information shall include an explicit reference to the Innovation Fund support received.
+ **3.** The label ‘(co-)funded from the EU Emissions Trading System (the Innovation Fund)’, the emblem of the Union and other promotional elements required shall be used for all communication and knowledge-sharing activities and appear on notice boards at strategic places visible to the public, in ac…
− **3.** The Innovation Fund logo or other promotional elements required in the contractual documentation shall be used for all communication and knowledge-sharing activities and appear on notice boards at strategic places visible to the public.
+ **4.** The project proponents shall provide detailed information on the planned actions in accordance with paragraphs 1 and 2 in their knowledge-sharing, and communication and dissemination plans. They shall regularly monitor and, if appropriate, review their implementation.
− **4.** The project proponents shall provide detailed information on the planned actions in accordance with paragraphs 1 and 2 of this Article in the knowledge-sharing plan submitted in accordance with Article 10(2), third subparagraph.