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Document 02009R0723-20131226
Council Regulation (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC)
Consolidated text: Council Regulation (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC)
Council Regulation (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC)
02009R0723 — EN — 26.12.2013 — 001.001
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COUNCIL REGULATION (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC) (OJ L 206 8.8.2009, p. 1) |
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COUNCIL REGULATION (EC) No 723/2009
of 25 June 2009
on the Community legal framework for a European Research Infrastructure Consortium (ERIC)
Article 1
Subject-matter
This Regulation establishes a legal framework laying down the requirements and procedures for and the effects of setting-up a European Research Infrastructure Consortium (hereinafter referred to as an ‘ERIC’).
Article 2
Definitions
For the purpose of this Regulation, the following definitions shall apply:
‘research infrastructure’ means facilities, resources and related services that are used by the scientific community to conduct top-level research in their respective fields and covers major scientific equipment or sets of instruments; knowledge-based resources such as collections, archives or structures for scientific information; enabling Information and Communications Technology-based infrastructures such as Grid, computing, software and communication, or any other entity of a unique nature essential to achieve excellence in research. Such infrastructures may be ‘single-sited’ or ‘distributed’ (an organised network of resources);
‘third country’ means a State that is not a Member State of the European Union;
‘associated country’ means a third country which is party to an international agreement with the Community, under the terms or on the basis of which it makes a financial contribution to all or part of the Community research, technological development and demonstration programmes.
Article 3
Task and other activities
Article 4
Requirements relating to infrastructure
The research infrastructure to be established by an ERIC shall meet the following requirements:
it is necessary for the carrying-out of European research programmes and projects, including for the efficient execution of Community research, technological development and demonstration programmes;
it represents an added value in the strengthening and structuring of the European Research Area (ERA) and a significant improvement in the relevant scientific and technological fields at international level;
effective access, in accordance with the rules established in its Statutes, is granted to the European research community, composed of researchers from Member States and from associated countries;
it contributes to the mobility of knowledge and/or researchers within the ERA and increases the use of intellectual potential throughout Europe; and
it contributes to the dissemination and optimisation of the results of activities in Community research, technological development and demonstration.
Article 5
Application for the setting-up of an ERIC
The entities applying for the setting-up of an ERIC (hereinafter referred to as applicants) shall submit an application to the Commission. The application shall be submitted in writing in one of the official languages of the institutions of the Union and shall contain the following:
a request to the Commission to set up the ERIC;
the proposed Statutes of the ERIC referred to in Article 10;
a technical and scientific description of the research infrastructure to be established and operated by the ERIC, addressing in particular the requirements set out in Article 4;
a declaration by the host Member State recognising the ERIC as an international body in the sense of Articles 143(g) and 151(1)(b) of Directive 2006/112/EC and as international organisation in the sense of the second indent of Article 23(1) of Directive 92/12/EEC, as of its setting up. The limits and conditions of the exemptions provided for in these provisions shall be laid down in an agreement between the members of the ERIC.
Article 6
Decision on the application
The Commission shall, taking into account the results of the assessment referred to in Article 5(2) and in accordance with the procedure referred to in Article 20:
adopt a decision setting up the ERIC after it has satisfied itself that the requirements laid down in this Regulation are met; or
reject the application if it concludes that the requirements laid down in this Regulation are not met, including in the absence of the declaration referred to in Article 5(1)(d).
The decision setting up the ERIC shall also be published in the L series of the Official Journal of the European Union.
Article 7
Status of an ERIC
Article 8
Seat and name
Article 9
Requirements for membership
The following entities may become members of an ERIC:
Member States;
associated countries;
third countries other than associated countries;
intergovernmental organisations.
Article 10
Statutes
The Statutes of an ERIC shall contain at least the following:
a list of members, observers and, where applicable, of entities representing members and the conditions of and the procedure for changes in membership and representation in compliance with Article 9;
the tasks and activities of the ERIC;
the statutory seat in compliance with Article 8(1);
the name of the ERIC in compliance with Article 8(2);
the duration, and the procedure for the winding-up in compliance with Article 16;
the liability regime, in compliance with Article 14(2);
the basic principles covering:
the access policy for users;
the scientific evaluation policy;
the dissemination policy;
the intellectual property rights policy;
the employment policy, including equal opportunities;
the procurement policy respecting the principles of transparency, non-discrimination and competition;
a decommissioning, if relevant;
the data policy;
the rights and obligations of the members, including the obligation to make contributions to a balanced budget and voting rights;
the bodies of the ERIC, their roles and responsibilities and the manner in which they are constituted and in which they decide, including upon the amendment of the Statutes, in compliance with Articles 11 and 12;
the identification of the working language(s);
references to rules implementing the Statutes.
The Statutes shall be publicly available on the website of the ERIC and at its statutory seat.
Article 11
Amendments of the Statutes
The application for the amendment shall contain the following:
the text of the amendment proposed or, where appropriate, as adopted, including the date on which it enters into force;
the amended consolidated version of the Statutes.
Article 12
Organisation of the ERIC
The Statutes shall provide for at least the following bodies having the following competencies:
an assembly of members as the body having full decision-making powers, including the adoption of the budget;
a director or a board of directors, appointed by the assembly of members, as the executive body and legal representative of the ERIC.
The Statutes shall specify the manner in which the members of the board of directors legally represent the ERIC.
Article 13
Budgetary principles, accounts and audit
Article 14
Liability and insurance
Article 15
Applicable law and jurisdiction
The setting-up and internal functioning of an ERIC shall be governed:
by Community law, in particular this Regulation, and the decisions referred to in Articles 6(1)(a) and 11(1);
by the law of the State where the ERIC has its statutory seat in the case of matters not, or only partly, regulated by acts referred to in point (a);
by the Statutes and their implementing rules.
Article 16
Winding-up and insolvency
Article 17
Reporting and control
Article 18
Appropriate provisions
Member States shall take such measures as are appropriate to ensure the effective application of this Regulation.
Article 19
Report and Review
Not later than 27 July 2014, the Commission shall forward to the European Parliament and the Council a report on its application and proposals for amendments, where appropriate.
Article 20
Committee procedure
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.
Article 21
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
( 1 ) Opinion of 19.2.2009 (not yet published in the Official Journal).
( 2 ) Opinion of 14.1.2009 (not yet published in the Official Journal).
( 3 ) OJ C 76, 31.3.2009, p. 6.
( 4 ) OJ L 412, 30.12.2006, p. 1.
( 5 ) OJ L 54, 22.2.2007, p. 101.
( 6 ) OJ L 248, 16.9.2002, p. 1.
( 7 ) OJ L 347, 11.12.2006, p. 1.
( 8 ) OJ L 76, 23.3.1992, p. 1.
( 9 ) OJ L 134, 30.4.2004, p. 114.
( 10 ) OJ L 184, 17.7.1999, p. 23.