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If the Grant Agreement contains a Special Clause 39 ERC, then its provisions apply also to publications published after the end of the project (without time limitation). If the Grant Agreement does not contain a Special Clause 39 ERC, then grantees should nevertheless consider providing open access to the publications resulting from the project (even after the end of the project) on a voluntary basis, as recommended in the ERC Open Access Guidelines.
For FP7 grants resulting from calls in the Work Programmes 2007-2011, there is no formal obligation to provide open access to publications. However, all grantees are strongly encouraged to comply with the ERC Open Access Guidelines. ERC grants resulting from calls in the 2012 and 2013 Work Programmes will normally contain a Special Clause 39 ERC which requires the immediate deposit of all publications related to foreground from the project in a repository for scientific publications. Best efforts must be made to ensure open access to the publication through this repository within six months from publication (and immediately if the publication has been published "open access", i.e. if it is also available free of charge via the publisher.
For ERC projects, the Special Clause 39 ERC refers to scientific publications related to foreground from the project (where 'scientific' includes publications in the Social Sciences and Humanities). Whether the researcher who has published the article works directly for the beneficiary or for a third party is irrelevant.
For ERC projects, such costs will normally not be directly attributable to the project and can thus not be claimed as direct costs. However, they may be considered eligible under indirect costs. For more details, please, consult the section on 'Indirect costs' of the FP7 Guide to Financial Issues (Part 2B, section 1 on article II.15 ECGA, sub-section 2).
Yes, if the net effect of taking out a membership in the society is a reduction in the cost of the article processing charges (APCs) that is higher than the cost of the membership fee, then the membership fee (for the year concerned) is an eligible cost, provided that it is in line with the requirements for direct costs as listed in Article II.14 of the General Conditions of the ERC Grant Agreement Single and Multi-Beneficiary.
There is no requirement to use 'green open access' rather than 'gold open access'. If an ERC funded researcher opts for 'gold open access' although 'green open access' would be possible within the maximum acceptable delay of six months, costs related to APCs are still eligible, provided that they have been incurred during the lifetime of the project and that they are in line with the general rules for eligibility of direct costs as described in the Grant Agreement (see Article II.14.1.d of the General Conditions of the ERC Grant Agreement, Single and Multi-Beneficiary). If 'gold open access' is chosen, the publication must still be deposited in a repository for scientific publications and open access must be provided immediately to that deposited version (no embargo period).
If the Grant Agreement contains a Special Clause 39 ERC, then the initial host institution is responsible for providing open access to those publications that have been published while it was the beneficiary. For any publication after the transfer of host institution, the new host institution is responsible as far as the deposit in a repository and the provision of open access is concerned, irrespective whether the publication is based on work carried out at the old or the new host institution.