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AMENDMENTS BY PARLIAMENT

(6) It is appropriate to establish Community rules for those genera and species of fruit plant which are of major economic importance in the Community, with a Community procedure for adding further genera and species later to the list of genera and species to which this Directive applies. The genera and species listed should be those which are widely grown in Member States and for whose propagating material there is a substantial market which covers more than one Member State .

(6) It is appropriate to establish Community rules for those genera and species of fruit plant which are of major economic importance in the Community, with a Community procedure for adding further genera and species later to the list of genera and species to which this Directive applies. The genera and species listed should be those which are widely grown in Member States and for whose propagating material there is a substantial market.

(11) Genetically modified fruit plants should not be accepted for registration in the catalogue unless all the appropriate measures have been taken to avoid any risk to human health or the environment as referred to in Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed.

(11) Genetically modified fruit plants should not be accepted for registration in the catalogue , except as stock onto which the desired varieties are to be grafted and providing all the appropriate measures have been taken to avoid any risk to human health or the environment as referred to in Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed. In this case the purpose of genetic modification should be mentioned.

(15) Suppliers who only market fruit plants or propagating material to persons not professionally engaged in the production or sale of fruit plants or propagating material should be exempted from the obligation of registration.

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(15a) Suppliers marketing propagating material or fruit plants should be specialised in this sector.

(16a) Furthermore, and in order to be able to receive Community funding for the planting of orchards, the producer should take care that the propagating material to be used originates from officially registered suppliers.

(17) That objective can best be achieved either through common knowledge of the variety, in particular for old varieties, or through the availability of a description based on Community Plant Variety Office (CPVO) protocols or in their absence on other international or national rules.

(17) That objective can best be achieved either through common knowledge of the variety, in particular for old varieties, or through the availability of a description based on Community Plant Variety Office (CPVO) protocols or in their absence on other international or national rules. To this end, varieties which are marketed should be entered in the relevant list.

(22) Rules should be established permitting, in the case of temporary supply difficulties due to natural disasters, such as fire, gales and failure of the flower crop, or unforeseen circumstances, the marketing of propagating material and fruit plants subject to requirements less stringent than those contained in this Directive for a limited period and subject to specific conditions.

(22) Rules should be established permitting, in the case of temporary supply difficulties due to natural disasters, such as fire, gales or unforeseen circumstances, the marketing of propagating material and fruit plants subject to requirements less stringent than those contained in this Directive for a limited period and subject to specific conditions.

(23) In accordance with the principle of proportionality, provision should be made to allow Member States to exempt small producers all of whose production and sales of propagating material and fruit plants is intended for final use by persons on the local market who are not professionally involved in plant production (‘local circulation’) from the conditions on labelling and from the checks and official inspections.

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(25) Provision should be made for authorising the marketing, within the Community, of propagating material and fruit plants produced in third countries, provided always that they afford the same guarantees as propagating material and fruit plants produced in the Community and complying with Community rules.

(25) Provision should be made for authorising the marketing, within the Community, of propagating material and fruit plants produced in third countries, provided always that they afford the same guarantees as propagating material and fruit plants produced in the Community and complying with Community rules. Firms in third countries exporting propagating material and fruit plants should be registered .

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2. In the case of a variety which consists of a genetically modified organism within the meaning of points 1 and 2 of Article 2 of Directive 2001/18/EC the variety shall be accepted for registration in the catalogue only if has been authorised pursuant to that Directive or pursuant to Regulation (EC) No 1829/2003.

2. In the case of a variety which consists of a genetically modified organism within the meaning of points 1 and 2 of Article 2 of Directive 2001/18/EC the variety shall be accepted for registration in the catalogue only if has been authorised pursuant to that Directive or pursuant to Regulation (EC) No 1829/2003 and subject to the precondition that it will be used as stock onto which the desired variety will be grafted .

2a. In the case of a genetically modified variety, within the meaning of Article 2(1) and (2) of Directive 2001/18/EC, a special risk assessment shall take place, chiefly regarding human health and the environment, it must be appropriately labelled so that the purchaser is informed that genetically modified material is being supplied and the purpose of genetic modification must be mentioned.

3a. Marketing by officially registered suppliers of propagating material and fruit plants, duly documented, shall be considered an indispensable condition for the inclusion of a producer in co-funded programmes for planting orchards.

1. Suppliers shall be officially registered in relation to the activities which they carry out under this Directive.

1. Suppliers shall be officially registered in relation to the activities which they carry out under this Directive and shall hold a marketing licence for propagating material, issued as specified in each Member State .

1a. Suppliers who market propagating material or fruit plants should have a specialisation in this field sector and be agronomists or undertakings employing persons with such specialisations.

1b. Member States shall ensure and check that suppliers take all the necessary measures to ensure compliance with the standards of this directive at all stages of the production and marketing of propagating material and fruit plants.

2. Paragraph 1 shall not apply to suppliers marketing only to persons not professionally engaged in the production, reproduction or sale of propagating material or fruit plants.

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3. When propagating material or fruit plants are marketed, suppliers shall keep records of their sales or purchases for at least 12 months .

3. When propagating material or fruit plants are marketed, suppliers shall keep records of their sales or purchases for at least five years .

2. In the case of propagating material of a variety which has been genetically modified, any label and document, official or otherwise, which is affixed to or accompanies the material under this Directive shall clearly indicate that the variety has been genetically modified and shall name the genetically modified organisms.

2. In the case of propagating material of a variety which has been genetically modified, any label and document, official or otherwise, which is affixed to or accompanies the material under this Directive shall clearly indicate that the variety has been genetically modified and shall name the genetically modified organisms and clarify the purpose of genetic modification .

1a. Firms in third countries exporting propagating material and fruit plants shall be registered so as to ensure traceability at all stages.

Article 19a

Application assessment

Within five years from the date of entry into force of this Directive, the Commission shall examine the results of its application and submit to the European Parliament and the Council a report, accompanied by any necessary proposals for amendment.

Member States may, as a transitional measure until 1 January XXXX , allow the marketing in their own territory of certified and CAC material taken from parent plants in existence at the date of entry into force of this Directive.

Member States may, as a transitional measure until 10 years after the entry into force of this directive , allow the marketing in their own territory of certified and CAC material taken from parent plants in existence at the date of entry into force of this Directive.

The implementing measures for Directive 92/34/EEC, which is repealed, shall continue to apply until new implementing measures are adopted.

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AMENDMENTS BY PARLIAMENT

(1) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, provides for certain derogations in the field of VAT rates. Some of these derogations expire at a precise date, while others last until the adoption of the definitive arrangements.

(1) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, provides for certain derogations in the field of VAT rates. Some of these derogations expire at a precise date, while others last until the adoption of the definitive arrangements for intra-Community transactions .

(1a) In accordance with the principle of subsidiarity, the Community should not impinge upon Member States' competence in the area of indirect taxation beyond what is necessary to ensure the proper functioning of the internal market as regards the setting of VAT rates. In particular, locally supplied services, in so far as they do not involve cross-border activities, have, in principle, no effect on the functioning of the internal market.

(2) In order to ensure more equality of treatment among Member States, derogations that do not conflict with a smooth functioning of the internal market and with other Community policies should be prolonged until the end of 2010, date of the expiry of the minimum of 15 % for the standard rate and of the experiment on the application of a reduced rate to labour intensive services. By contrast , certain derogations should not be prolonged.

(2) In order to ensure equality of treatment among Member States, derogations that do not conflict with a smooth functioning of the internal market and with other Community policies should be prolonged until the end of 2010, date of the expiry of the minimum of 15 % for the standard rate and of the experiment on the application of a reduced rate to labour intensive services. On specific grounds , certain derogations should not be prolonged.

(2a) The period until 31 December 2010 should be sufficiently long to allow the Council to reach a conclusion on abandoning its target of introducing a definitive system for the taxation of intra-Community transactions, based on the principle of taxation in the country of origin and on an approach towards the approximation of VAT rates.

(2b) The period until 31 December 2010 should also be sufficiently long to allow the Council to reach a conclusion on the final structure of VAT rates, which should include options allowing Member States to apply different VAT rates, provided that the smooth functioning of the internal market and other Community policies are ensured. During that period, the current rules should be applied in a prudent way, taking due account of borderline cases, so that Member States are not precluded from pursuing legitimate policy objectives before of after the Council decides on the final structure of value added tax.

(2c) In accordance with the principle of subsidiarity, and after the Council has decided on a definitive system for the taxation of intra-Community transactions, Member States should be able to apply reduced rates or, in exceptional circumstances, possibly even zero rates, to basic goods and services such as food and medication for clearly defined social, economic and environmental reasons and for the benefit of the final consumer.

(2d) In accordance with the principle of subsidiarity and after the Council has decided on a definitive system for the taxation of intra-Community transactions, Member States should be able to apply reduced rates or, in exceptional circumstances, possibly even zero rates to the provision of locally supplied services, including services and provision of goods linked to education, welfare, social security work and culture .

(2e) Any future system for the taxation of intra-Community transactions should be transparent and based on administrative simplicity.

(6) The derogations granted to Hungary and Slovakia should not be prolonged because those Member States have not applied or no longer apply a reduced rate.

(6) It should be highlighted that those Member States that have not applied or no longer apply the temporary VAT derogations that expired in 2007 should be granted, until 31 December 2010, the opportunity to avail themselves of such temporary derogations.

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AMENDMENTS BY PARLIAMENT

(11) The ambition and scope of the stated objectives of the JTI on Embedded Computing Systems, the scale of the financial and technical resources that need to be mobilised, and the need to achieve effective coordination and synergy of resources and funding, call for action to be taken by the Community. Therefore, it is necessary to set up a Joint Undertaking (hereinafter referred to as the ‘Artemis Joint Undertaking’) under Article 171 of the Treaty as a legal entity responsible for the implementation of the JTI on ‘Embedded Computing Systems’. To ensure the appropriate management of R&D activities initiated under the Seventh Framework Programme (2007-2013), the Artemis Joint Undertaking should be set up for a period ending on 31 December 2017 , which may be extended .

(11) The ambition and scope of the stated objectives of the JTI on Embedded Computing Systems, the scale of the financial and technical resources that need to be mobilised, and the need to achieve effective coordination and synergy of resources and funding, call for action to be taken by the Community. Therefore, it is necessary to set up a Joint Undertaking (hereinafter referred to as the ‘Artemis Joint Undertaking’) under Article 171 of the Treaty as a legal entity responsible for the implementation of the JTI on ‘Embedded Computing Systems’. To ensure the appropriate management of R&D activities initiated under the Seventh Framework Programme (2007-2013), the Artemis Joint Undertaking should be set up for a period ending on 31 December 2017. It should be ensured that after the last call for proposals in 2013 projects still in progress are implemented, monitored and funded until 2017.

This amendment will apply throughout the text.

(12) The Artemis Joint Undertaking should be a body set up by the Communities and discharge for the implementation of its budget should be given by the European Parliament (3), on the recommendation of the Council, taking however into account the specificities resulting from the nature of JTIs as public-private partnerships and in particular from the private sector contribution to the budget.

(12) The Artemis Joint Undertaking should respect the Court of Auditor's competence to examine the revenue and expenditures accounts of all bodies set up by the Communities and should recognize the specificities of the Joint Technology Initiatives as new mechanisms for implementing public-private partnerships , in order to find a more effective solution for the purpose of discharging the general budget of the European Union .

(21) The need to ensure stable employment conditions and equal treatment of staff , and in order to attract specialised scientific and technical staff of the highest calibre, requires the application of the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities, (‘the Staff Regulation’) to all staff recruited by the Artemis Joint Undertaking .

(21) The need to ensure stable employment conditions and equal treatment of staff and to attract specialised scientific and technical staff of the highest calibre, requires that the Commission be authorised to second as many officials as needed to the Artemis Joint Undertaking. The remaining staff should be recruited by the Artemis Joint Undertaking in accordance with host country employment regulations.

(25) The Artemis Joint Undertaking should have, subject to prior consultation with the Commission, a distinct financial regulation based on the principles of the framework financial regulation (4) which takes into account its specific operating needs arising , in particular , from the need to combine Community and national funding to support R&D Activities in an efficient and timely manner.

(25) The financial rules applicable to the Artemis Joint Undertaking should not depart from Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), unless its specific operating needs so require , in particular the need to combine Community and national funding to support R&D Activities in an efficient and timely manner. The prior consent of the Commission is required for the adoption of any rules which depart from Regulation (EC, Euratom) No 2343/2002. The budgetary authority should be informed of any such derogation.

1. For the implementation of the Joint Technology Initiative (JTI) on Embedded Computing Systems, a Joint Undertaking within the meaning of Article 171 of the Treaty hereinafter referred to as the ‘Artemis Joint Undertaking’ is hereby set up for a period ending on 31 December 2017. This period may be extended by a revision of this Regulation .

1. For the implementation of the Joint Technology Initiative (JTI) on Embedded Computing Systems, a Joint undertaking within the meaning of Article 171 of the Treaty hereinafter referred to as the ‘Artemis Joint Undertaking’ is hereby set up for a period ending on 31 December 2017. It shall be ensured that after the last call for proposals in 2013 projects still in progress are implemented, monitored and funded until 2017 .

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The sum of the contributions referred to in points (a) and (b) shall not exceed 5% of the overall budget of the Artemis Joint Undertaking.

3a. The financial contributions to the cost of Projects from public funds shall be conditional on in-kind contributions to the Projects submitted by research and development organisations to cover their share of the costs of the Projects.

1. The Artemis Joint Undertaking Financial Regulation shall be based on the principles of the Framework Financial Regulation. It may depart from the Framework Financial Regulation where the specific operating needs of the Artemis Joint Undertaking so require and subject to prior consultation with the Commission.

1. The financial rules of the Artemis Joint Undertaking shall not depart from Regulation (EC, Euratom) No 2343/2002, unless its specific operating needs so require and subject to the prior consent of the Commission. The budgetary authority shall be informed of any such derogation.

1. The Staff Regulations of Officials of the European Communities, the Conditions of Employment of Other Servants of the European Communities and the rules adopted jointly by the European Community institutions for the purpose of applying these Staff Regulations and Conditions of Employment shall apply to the staff of the Artemis Joint Undertaking and its Executive Director.

1. The Artemis Joint Undertaking shall recruit its staff in accordance with applicable regulations of the host country. The Commission may second to the Artemis Joint Undertaking as many officials as may be needed .

2. In respect of its staff, the Artemis Joint Undertaking shall exercise the powers conferred on the appointing authority by the Staff Regulations of Officials of the European Communities and on the authority empowered to conclude contracts by the Conditions of Employment of Other Servants of the European Communities.

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3. The Governing Board shall, in agreement with the Commission, adopt the necessary implementing measures, in accordance with arrangements provided for in Article 110 of the Staff Regulations of Officials of the European Communities , and the Conditions of Employment of Other Servants of the European Communities .

3. The Governing Board shall, in agreement with the Commission, adopt the necessary implementing measures regarding the secondment of officials of the European Communities.

Article 9

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Privileges and Immunities

The Protocol on the Privileges and Immunities of the European Communities shall apply to the Artemis Joint Undertaking and its staff.

1. The contractual liability of the Artemis Joint Undertaking shall be governed by law applicable to the relevant contractual provisions.

1. The contractual liability of the Artemis Joint Undertaking shall be governed by the relevant contractual provisions and by the law applicable to the agreement or contract in question .

3a. The Artemis Joint Undertaking shall be solely responsible for meeting its obligations.

3b. The Artemis Joint Undertaking shall not be responsible for meeting the financial obligations of its Members. It shall not be liable for any Artemis Member State failing to meet its obligations resulting from calls for proposals launched by the Artemis Joint Undertaking.

3c. The Members shall not be liable for any of the Artemis Joint Undertaking's obligations. The financial liability of the Members shall be an internal liability towards the Artemis Joint Undertaking only, limited to their commitment to contribute to the resources as set out in Article 4.

2. No later than 31 December 2010 and 31 December 2015 , the Commission shall conduct interim evaluations of the Artemis Joint Undertaking with the assistance of independent experts. This evaluation shall cover the quality and efficiency of the Artemis Joint Undertaking and progress towards the objectives set. The Commission shall communicate the conclusions thereof, accompanied by its observations to the European Parliament and the Council.

2. No later than 31 December 2010, the Commission shall present to the European Parliament and the Council an interim evaluation of the Artemis Joint Undertaking prepared with the assistance of independent experts. This evaluation shall cover the quality and efficiency of the Artemis Joint Undertaking and progress towards the objectives set.

3. By 31 March 2018, the Commission shall conduct a final evaluation of the Artemis Joint Undertaking with the assistance of independent experts. The results of the final evaluation shall be presented to the European Parliament and the Council.

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4. Discharge for the implementation of the budget of the Artemis Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure provided for by the Financial Regulation of the Artemis Joint Undertaking.

4. Discharge for the implementation of the budget of the Artemis Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure provided for by the financial rules of the Artemis Joint Undertaking, respecting the Court of Auditor's competence to examine the revenue and expenditures accounts of all bodies set up by the Communities and recognising the specificities of the Joint Technology Initiatives as new mechanisms for implementing public private partnerships, in order to find a more effective solution for the purpose of discharging the general budget of the Euoprean Union .

A host agreement shall be concluded between the Artemis Joint Undertaking and the host State concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the Artemis Joint Undertaking.

A host agreement shall be concluded between the Artemis Joint Undertaking and the host State concerning assistance with regard to office accommodation, privileges and immunities and other support to be provided by Belgium to the Artemis Joint Undertaking.

3. The Artemis Joint Undertaking shall be established as from the publication of these Statutes in the Official Journal of the European Communities for a period ending on 31 December 2017.

3. The Artemis Joint Undertaking shall be established as from the publication of these Statutes in the Official Journal of the European Union for a period ending on 31 December 2017. It shall be ensured that after the last call for proposals in 2013 projects still in progress are implemented, monitored and funded until 2017.

4. This period may be extended by amending these Statutes in accordance with the provisions of Article 23, taking into account the progress made towards achieving the objectives of the Artemis Joint Undertaking and provided that financial sustainability is ensured.

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5a. The Artemis Joint Undertaking is a body as referred to in Article 185 of the Financial Regulation and Point 47 of the IIA of 17 May 2006.

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(da) to promote the involvement of SMEs in its activities;

4. Decisions of the Governing Board on accession of any other legal entity or recommendations of the Governing Board on the accession of Third Countries shall be made taking into account the relevance and potential added value of the applicant for the achievement of the objectives of the Artemis Joint Undertaking.

4. Decisions of the Governing Board on the accession of any other legal entity or recommendations of the Governing Board on the accession of Third Countries shall be made taking into account the relevance and potential added value of the applicant for the achievement of the objectives of the Artemis Joint Undertaking. In the event of an application for membership, the Governing Board shall provide timely information to the Commission on the assessment made of the applicant and, where applicable, on the recommendation or decision of the Governing Board. The Commission shall transmit this information to the Council.

5. Any Member may withdraw from the Artemis Joint Undertaking. Withdrawal shall become effective and irrevocable six months after notification to the other Members following which the former Member shall be discharged from any obligations other than those already existing previous to its withdrawal.

5. Any Member may withdraw from the Artemis Joint Undertaking. Withdrawal shall become effective and irrevocable six months after notification to the other Members following which the former Member shall be discharged from any obligations other than those already undertaken through a decision of the Artemis Joint Undertaking in accordance with these Statutes prior to the Member's withdrawal. The obligation to give six months' notice shall not apply when a Member's withdrawal is based upon and a direct consequence of amendment of these Statutes.

(e) approve the launch of calls for proposals;

(b) The Public Authorities Board shall elect its Chairperson.

2. The Executive Director shall be appointed by the Governing Board from a list of candidates proposed by the Commission, for a period of up to three years. After an evaluation of the Executive Director's performance, the Board may extend the term of office once for a further period of not more than four years .

2. The Executive Director shall be appointed by the Governing Board on the basis of a list of candidates proposed by the Commission following a call for expression of interest published in the Official Journal of the European Union and in the press or on the Internet, for a period of up to three years. After an evaluation of the Executive Director's performance, the Board may extend the term of office once for a further period of not more than three years .

(b) a Community contribution to fund the R&D Activities ;

(b) a Community contribution to fund the Projects ;

7. Should any Member of the Artemis Joint Undertaking be in default of its commitments concerning its agreed financial contribution to the Artemis Joint Undertaking, the Executive Director shall convene a meeting of the Governing Board to decide whether the remaining Members should revoke the defaulting Member's membership or if any other measures should be taken until its obligations have been met.

7. Should any Member of the Artemis Joint Undertaking be in default of its commitments concerning its agreed financial contribution to the Artemis Joint Undertaking, the Executive Director shall notify such Member in writing thereof and shall set a reasonable period in which such default may be remedied. If the default has not been remedied within such period, the Executive Director shall convene a meeting of the Governing Board to decide whether the defaulting Member's membership should be revoked or if any other measures should be taken until its obligations have been met.

Financial Regulation

Financial rules

1. The Financial Regulation of the Artemis Joint Undertaking shall be adopted by the Governing Board.

1. The financial rules of the Artemis Joint Undertaking shall be adopted by the Governing Board after consulting the Commission .

2. The purpose of the Financial Regulation is to ensure the sound financial management of the Artemis Joint Undertaking.

2. The purpose of the financial rules is to ensure the sound financial management of the Artemis Joint Undertaking.

3. The Financial Regulation shall be based on the principles of the Framework Financial Regulation and shall include provisions for the planning and implementation of the budget of the Artemis Joint Undertaking. The Financial Regulation may depart from the Framework Financial Regulation where the specific operating needs of the Artemis Joint Undertaking so require and subject to prior consultation with the Commission.

3. The Artemis Joint Undertaking's financial rules shall not depart from Regulation (EC, Euratom) No 2343/2002, unless its specific operating needs so require . The prior consent of the Commission shall be required for the adoption of any rules which depart from Regulation (EC, Euratom) No 2343/2002. The budgetary authority shall be informed of any such derogation.

4. Discharge for the implementation of the budget of the Artemis Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure that shall be provided for by the Financial Regulation of the Artemis Joint Undertaking.

4. Discharge for the implementation of the budget of the Artemis Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure provided for by the financial rules of the Artemis Joint Undertaking, respecting the Court of Auditor's competence to examine the revenue and expenditure accounts of all bodies set up by the Communities and recognizing the specificities of the Joint Technology Initiatives as new mechanisms for implementing public private partnerships, in order to find a more effective solution for the purpose of discharging the general budget of the European Union .

1. The Multiannual Strategic Plan shall specify the strategy and plans for achieving the objectives of the Artemis Joint Undertaking, including the Research Agenda.

1. The Multiannual Strategic Plan shall specify the strategy and plans for achieving the objectives of the Artemis Joint Undertaking, including the Research Agenda. Once approved by the Governing Board, the Multiannual Strategic Plan shall be made public.

2. The Annual Work Programme shall describe the scope and budget of calls for proposals needed to implement the Research Agenda for a particular year.

2. The Annual Work Programme shall describe the scope and budget of calls for proposals needed to implement the Research Agenda for a particular year. Once approved by the Governing Board, the Annual Work Programme shall be made public.

3. The Annual Implementation Plan shall specify the plan for the execution of all the activities of the Artemis Joint Undertaking for a particular year, including planned calls for proposals and actions needing to be implemented through Calls for tenders. The Annual Implementation Plan shall be presented by the Executive Director to the Governing Board together with the Annual Budget Plan.

3. The Annual Implementation Plan shall specify the plan for the execution of all the activities of the Artemis Joint Undertaking for a particular year, including planned calls for proposals and actions needing to be implemented through Calls for tenders. The Annual Implementation Plan shall be presented by the Executive Director to the Governing Board together with the Annual Budget Plan. Once approved by the Governing Board, the Annual Implementation Plan shall be made public.

The Annual Activity Report shall be presented by the Executive Director together with the Annual Accounts and balance sheets.

The Annual Activity Report shall be presented by the Executive Director together with the Annual Accounts and balance sheets. This Annual Activity Report shall include the participation of SMEs in the R&D activities of the Artemis Joint Undertaking .

6. Annual Accounts and balance sheets: within two months of the closure of each financial year, the Annual Accounts and balance sheets for the preceding year shall be submitted by the Executive Director to the Governing Board for approval. The Annual Accounts and balance sheets for the preceding year shall be submitted to the European Court of Auditors.

6. Annual Accounts and balance sheets: within two months of the closure of each financial year, the Annual Accounts and balance sheets for the preceding year shall be submitted by the Executive Director to the Governing Board for approval. The Annual Accounts and balance sheets for the preceding year shall be submitted to the European Court of Auditors and to the budgetary authority .

2. The Artemis Joint Undertaking shall conclude grant agreements with Project participants for the implementation of the Projects. These grant agreements shall refer to and, where appropriate, rely on corresponding national grant agreements as referred to in Article 16(5)(b).

2. The Artemis Joint Undertaking shall conclude grant agreements with Project participants for the implementation of the Projects. The terms and conditions of these grant agreements shall be in accordance with the financial rules of the Artemis Joint Undertaking and shall refer to and, where appropriate, rely on corresponding national grant agreements as referred to in Article 16(5)(b).

1. The staff resources shall be determined in an establishment plan to be set out in the Annual Budget Plan.

1. The staff resources shall be determined in an establishment plan to be set out in the Annual Budget Plan and to be forwarded by the Commission to the European Parliament and the Council together with the preliminary draft budget of the European Union.

2. The members of the staff of the Artemis Joint Undertaking shall be temporary agents and contract agents and shall have fixed-term contracts extendable once up to a maximum total period of seven years.

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6. The Members are not liable for any of the Artemis Joint Undertaking's financial obligations. The financial liability of the Members is an internal liability towards the Artemis Joint Undertaking only, and is limited to their commitment to contribute to the resources as set out in Article 10(2).

6. The Members are not liable for any of the Artemis Joint Undertaking's obligations. The financial liability of the Members is an internal liability towards the Artemis Joint Undertaking only, and is limited to their commitment to contribute to the resources as set out in Article 10(2).

7. The financial liability of the Artemis Joint Undertaking for its debts is limited to the contributions that the Members have made to the running costs as set out in Article 10(2).

7. With the exception of the financial contributions due to Project participants pursuant to Article 16(5)(a), the financial liability of the Artemis Joint Undertaking for its debts is limited to the contributions that the Members have made to the running costs as set out in Article 10(2).

5. When any physical asset has been dealt with as provided for in paragraph 4, any further assets shall be used to cover the liabilities of the Artemis Joint Undertaking and the costs relating to its winding-up. Any surplus or deficit shall be distributed among or met by the Members existing at the time of the winding- up in proportion to their actual contribution to the Artemis Joint Undertaking.

5. When any physical asset has been dealt with as provided for in paragraph 4, any further assets shall be used to cover the liabilities of the Artemis Joint Undertaking and the costs relating to its winding-up. Any surplus shall be distributed among the Members existing at the time of the winding-up in proportion to their actual contribution to the Artemis Joint Undertaking.

3. Proposals for amendments to the Statutes shall be approved by the Governing Board according to the provisions of Article 6 and submitted to the Commission for decision.

3. Proposals for amendments to the Statutes shall be approved by the Governing Board according to the provisions of Article 6 and submitted to the Commission for decision after consulting the European Parliament .

4. Notwithstanding paragraph 3, any amendment proposed to Article 1(3), Article 4(3), Article 10(4)(b) Article 10(5)(a) shall be considered as an essential aspect and therefore subject to a revision of this Regulation.

4. Notwithstanding paragraph 3, any amendment proposed to Article 1(3), Article 4(3), Article 6(1), Article 7(1), Article 9 (2), Article 10(4)(b), Article 10(5)(a) , and Article 19 shall be considered as an essential aspect and therefore subject to a revision of this Regulation.

(j) ‘Needed’ shall mean ‘technically essential’ for the implementation of the Project and/or in respect of Use of Foreground and, where Intellectual Property Rights are concerned, shall mean that those Intellectual Property Rights would be infringed if the Access Rights were not granted;

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AMENDMENTS BY PARLIAMENT

(8) The JTI on Nanoelectronics should create a sustainable public-private partnership and increase and leverage private and public investment in the sector of nanoelectronics in Europe, which for the purpose of this Regulation includes the Members States and Countries associated with the Seventh Framework Programme. The JTI on Nanoelectronics should also achieve effective coordination and synergy of resources and funding from the Framework Programme, industry, national R&D programmes and intergovernmental R&D schemes, thus contributing to strengthen Europe's future growth, competitiveness and sustainable development. Finally, its objective should be to foster collaboration between all stakeholders such as industry, national authorities, academic and research centres pulling together and focusing the research effort.

(8) The JTI on Nanoelectronics should create a sustainable public-private partnership and increase and leverage private and public investment in the sector of nanoelectronics in Europe, which for the purpose of this Regulation includes the Members States and Countries associated with the Seventh Framework Programme. The JTI on Nanoelectronics should also achieve effective coordination and synergy of resources and funding from the Framework Programme, industry, national R&D programmes and intergovernmental R&D schemes, thus contributing to strengthen Europe's future growth, competitiveness and sustainable development. Finally, its objective should be to foster collaboration between all stakeholders such as industry, including small and medium-sized enterprises (SMEs), national authorities, academic and research centres and by pulling together and focusing the research effort.

(11) The ambition and scope of the stated objectives of the JTI on Nanoelectronics, the scale of the financial and technical resources that need to be mobilised, and the need to achieve effective coordination and synergy of resources and funding, call for action to be taken by the Community. Therefore, it is necessary to set up a Joint Undertaking (hereinafter the ‘ENIAC Joint Undertaking’) under Article 171 of the Treaty as a legal entity responsible for the implementation of the JTI on Nanoelectronics. To ensure the appropriate management of R&D activities initiated under the Seventh Framework Programme, the ENIAC Joint Undertaking should be set up for a period ending on 31 December 2017 , which may be extended.

(11) The ambition and scope of the stated objectives of the JTI on Nanoelectronics, the scale of the financial and technical resources that need to be mobilised, and the need to achieve effective coordination and synergy of resources and funding, call for action to be taken by the Community. Therefore, it is necessary to set up a Joint Undertaking (hereinafter the ‘ENIAC Joint Undertaking’) under Article 171 of the Treaty as a legal entity responsible for the implementation of the JTI on Nanoelectronics. To ensure the appropriate management of R&D activities initiated under the Seventh Framework Programme, the ENIAC Joint Undertaking should be set up for a period ending on 31 December 2017. It should be ensured that after the last call for proposals in 2013 projects still in progress are implemented, monitored and funded until 2017.

(12) The ENIAC Joint Undertaking should be a body set up by the Communities and discharge for the implementation of its budget should be given by the European Parliament, on the recommendation of the Council. However, account should be taken of the specificities resulting from the nature of JTIs as public-private partnerships and in particular from the private sector contribution to the budget.

(12) The ENIAC Joint Undertaking should be a body set up by the Communities and discharge for the implementation of its budget should be given by the European Parliament, taking into account a recommendation from the Council.

(12a) The Community and public stakeholders should seek to recognise the opportunities presented by the Joint Technology Initiatives as new mechanisms for implementing publicprivate partnerships and work alongside private stakeholders to find a more efficient solution for the purpose of discharging the general budget of the European Union .

(14) The objectives of the ENIAC Joint Undertaking should be pursued by pooling resources from the public and private sectors to support R&D activities in the form of projects. To that end, the ENIAC Joint Undertaking should be able to organise competitive calls for proposals for projects to implement parts of the Research Agenda. The R&D activities should respect fundamental ethical principles applicable in the Seventh Framework Programme.

(14) The objectives of the ENIAC Joint Undertaking should be pursued by pooling resources from the public and private sectors to support R&D and prototyping activities in the form of projects. To that end, the ENIAC Joint Undertaking should be able to organise competitive calls for proposals for projects to implement parts of the Research Agenda. The R&D activities should respect fundamental ethical principles applicable in the Seventh Framework Programme.

(22) The need to ensure stable employment conditions and equal treatment of staff, and in order to attract specialised scientific and technical staff of the highest calibre, requires the application of the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities, (‘the Staff Regulation’) to all staff recruited by the ENIAC Joint Undertaking.

(22) The need to ensure efficient operation of the ENIAC Joint Undertaking and to attract specialised scientific and technical staff of the highest calibre, requires that, in agreement with the Governing Board of the ENIAC Joint Undertaking, the Commission and the participating Member States may second as many officials as needed to the ENIAC Joint Undertaking and recruit the remaining staff needed by contract, taking into account the fact that staff costs should be kept low and the time for the setting up of the ENIAC Joint Undertaking short .

(26) The ENIAC Joint Undertaking should adopt, subject to prior consent from the Commission, specific financial rules which take into account its specific operating needs arising , in particular, from the need to combine Community and national funding to support R&D activities in an efficient and timely manner. They should be based on the principles laid down in Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the budget of the European Communities (3).

(26) The financial rules applicable to the ENIAC Joint Undertaking should not depart from Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), unless its specific operating needs so require , in particular the need to combine Community and national funding to support R&D activities in an efficient and timely manner. The prior consent of the Commission is required for the adoption of any rules which depart from Regulation (EC, Euratom) No 2343/2002. The budgetary authority should be informed of any such derogation.

1. For the implementation of the Joint Technology Initiative (hereinafter JTI) on Nanoelectronics, a Joint Undertaking within the meaning of Article 171 of the Treaty (hereinafter the ‘ENIAC Joint Undertaking’) is hereby set up for a period ending on 31 December 2017. This period may be extended by a revision of this Regulation.

1. For the implementation of the Joint Technology Initiative (hereinafter JTI) on Nanoelectronics, a Joint Undertaking within the meaning of Article 171 of the Treaty (hereinafter the ‘ENIAC Joint Undertaking’) is hereby set up for a period ending on 31 December 2017. It shall be ensured that after the last call for proposals in 2013 projects still in progress are implemented, monitored and funded until 2017. The ENIAC Joint Undertaking is a body as referred to in Article 185 of the Financial Regulation and Point 47 of the IIA of 17 May 2006.

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Financial Regulation

Financial rules

1. The ENIAC Joint Undertaking shall adopt specific financial rules based on the principles of the Regulation (EC, Euratom) No2343/2002. They may depart from that regulation where the specific operating needs of the ENIAC Joint Undertaking so require and subject to prior consent from the Commission.

1. The financial rules applicable to the ENIAC Joint Undertaking shall not depart from Regulation (EC, Euratom) No 2343/2002, unless its specific operating needs so require and subject to the prior consent of the Commission. The budgetary authority shall be informed of any such derogation.

2a. The Commission and the Member States may, in agreement with the Governing Board, second a number of officials to the ENIAC Joint Undertaking.

3. The Governing Board shall, in agreement with the Commission, adopt the necessary implementing measures , in accordance with provisions provided for in article 110 of the Staff Regulations of Officials of the European Communities , and the Conditions of Employment of Other Servants of the European Communities .

3. The Governing Board shall, in agreement with the Commission, adopt the necessary implementing measures regarding the secondment of officials of the European Communities and participant Member States and the employment of additional staff .

1a. The ENIAC Joint Undertaking shall be solely responsible for meeting its obligations.

1b. The ENIAC Joint Undertaking shall not be responsible for meeting the financial obligations of its Members. It shall not be liable for any ENIAC Member State failing to meet its obligations resulting from calls for proposals launched by the ENIAC Joint Undertaking.

1c. The Members shall not be liable for any of the ENIAC Joint Undertaking's obligations. The financial liability of the Members shall be an internal liability towards the ENIAC Joint Undertaking only, limited to their commitment to contribute to the resources as set out in Article 4.

2. No later than 31 December 2010 and 31 December 2015, the Commission shall conduct interim evaluations of the ENIAC Joint Undertaking with the assistance of independent experts. This evaluation shall cover the quality and efficiency of the ENIAC Joint Undertaking and progress towards the objectives set. The Commission shall communicate the conclusions thereof, accompanied by its observations to the European Parliament and the Council.

2. No later than 31 December 2011 the Commission shall present an evaluation of the ENIAC Joint Undertaking prepared with the assistance of independent experts. This evaluation shall cover the quality and efficiency of the ENIAC Joint Undertaking and progress towards the objectives set. The Commission shall communicate the conclusions thereof, accompanied by its observations to the European Parliament and the Council. The results of the evaluation shall be taken into consideration so as to reorient, if necessary, the Research Agenda.

4. Discharge for the implementation of the budget of the ENIAC Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council , in accordance with a procedure provided for in the financial rules of the ENIAC Joint Undertaking.

4. Discharge for the implementation of the budget of the ENIAC Joint Undertaking shall be given by the European Parliament, taking into account a recommendation from the Council.

The Commission and Aeneas shall take all necessary preparatory actions for the setting up of the ENIAC Joint Undertaking until its bodies are fully operational.

The Commission and Aeneas shall take all necessary preparatory actions for the setting up of the ENIAC Joint Undertaking until its bodies are fully operational and shall ensure that the ENIAC Joint Undertaking is fully operational within three months of the entry into force of this Regulation .

A host agreement shall be concluded between the ENIAC Joint Undertaking and Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the ENIAC Joint Undertaking.

A host agreement shall be concluded between the ENIAC Joint Undertaking and Belgium concerning the assistance with regard to office accommodation, privileges and immunities and other support to be provided by Belgium to the ENIAC Joint Undertaking.

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall expire on 31 December 2017.

3. The ENIAC Joint Undertaking shall be established as from the publication of these Statutes in the Official Journal of the European Communities for a period ending on 31 December 2017 .

3. The ENIAC Joint Undertaking shall be established as from the publication of these Statutes in the Official Journal of the European Union for a period ending on 31 December 2017. It shall be ensured that after the last call for proposals in 2013 projects still in progress are implemented, monitored and funded until 2017.

4. This period may be extended by amending these Statutes in accordance with the provisions of Article 22, taking into account the progress made towards achieving the objectives of the ENIAC Joint Undertaking and provided that financial sustainability is ensured.

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5a. The ENIAC Joint Undertaking is a body as referred to in Article 185 of the Financial Regulation and Point 47 of the IIA of 17 May 2006.

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3. Any application for membership of the ENIAC Joint Undertaking by Third Countries shall be considered by the Governing Board, which shall make a recommendation to the Commission. The Commission may make a proposal to amend this Regulation on the accession of the Third Country, subject to the successful completion of negotiations with the ENIAC Joint Undertaking.

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4. Decisions of the Governing Board on accession of any other legal entity or recommendations of the Governing Board on the accession of Third Countries shall be made taking into account the relevance and potential added value of the applicant for the achievement of the objectives of the ENIAC Joint Undertaking.

4. Decisions of the Governing Board on the accession of any other legal entity shall be made taking into account the relevance and potential added value of the applicant for the achievement of the objectives of the ENIAC Joint Undertaking.

5. Any Member may withdraw from the ENIAC Joint Undertaking. Withdrawal shall become effective and irrevocable six months after notification to the other Members following which the former Member shall be discharged from any obligations other than those already existing previous to its withdrawal.

5. Any Member may withdraw from the ENIAC Joint Undertaking. Withdrawal shall become effective and irrevocable six months after notification to the other Members following which the former Member shall be discharged from any obligations other than those already undertaken through decisions of the ENIAC Joint Undertaking in accordance with these Statutes prior to the Member's withdrawal.

(b) The Public Authorities Board shall elect its Chairperson.

2. The Executive Director shall be appointed by the Governing Board from a list of candidates proposed by the Commission, for a period of up to three years. After an evaluation of the Executive Director's performance, the Board may extend the term of office once for a further period of not more than four years.

2. The Executive Director shall be appointed by the Governing Board on the basis of a list of candidates proposed by the Commission following a call for expression of interest published in the Official Journal of the European Union, on the Internet and in the press in all the Member States of the European Union , for a period of up to three years. After an evaluation of the Executive Director's performance, the Board may extend the term of office for a further period of not more than three years , following which a call for expression of interest shall be published in the same way.

5. Non-financial tasks of the Secretariat may be contracted by the ENIAC Joint Undertaking to external service providers. Such contracts shall be established in accordance with the provisions of the Financial Regulation of the ENIAC Joint Undertaking.

5. Non-financial tasks of the Secretariat may be contracted by the ENIAC Joint Undertaking to external service providers. Such contracts shall be established in accordance with the provisions of the financial rules of the ENIAC Joint Undertaking.

7. Should any Member of the ENIAC Joint Undertaking be in default of its commitments concerning its agreed financial contribution to the ENIAC Joint Undertaking, the Executive Director shall convene a meeting of the Governing Board to decide whether the remaining Members should revoke the defaulting Member's membership or if any other measures should be taken until its obligations have been met.

7. Should any Member of the ENIAC Joint Undertaking be in default of its commitments concerning its agreed financial contribution to the ENIAC Joint Undertaking, the Executive Director shall notify such Member in writing thereof and shall set a reasonable period in which such default may be remedied. If the default has not been remedied within such period, the Executive Director shall convene a meeting of the Governing Board to decide whether the defaulting Member's membership should be revoked or if any other measures should be taken until its obligations have been met.

Financial Regulation

Financial rules

1. The Financial Regulation of the ENIAC Joint Undertaking shall be adopted by the Governing Board.

1. The financial rules of the ENIAC Joint Undertaking shall be adopted by the Governing Board after consulting the Commission .

2. The Financial Regulation shall be based on the principles of the Framework Financial Regulation and shall include provisions for the planning and implementation of the budget of the ENIAC Joint Undertaking. The Financial Regulation may depart from the Framework Financial Regulation where the specific operating needs of the ENIAC Joint Undertaking so require and subject to prior consent from the Commission.

2. The ENIAC Joint Undertaking's financial rules shall not depart from Regulation (EC, Euratom) No 2343/2002, unless its specific operating needs so require and subject to the prior consent of the Commission. The budgetary authority shall be informed of any such derogation.

3. Discharge for the implementation of the budget of the ENIAC Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council , in accordance with a procedure that shall be provided for by the Financial Regulation of the ENIAC Joint Undertaking .

3. Discharge for the implementation of the budget of the ENIAC Joint Undertaking shall be given by the European Parliament, taking into account a recommendation from the Council.

1. The Multiannual Strategic Plan shall specify the strategy and plans for achieving the objectives of the ENIAC Joint Undertaking, including the Research Agenda.

1. The Multiannual Strategic Plan shall specify the strategy and plans for achieving the objectives of the ENIAC Joint Undertaking, including the Research Agenda. Once approved by the Governing Board, the Multiannual Strategic Plan shall be made public.

2. The Annual Work Programme shall describe the scope and budget of calls for proposals needed to implement the Research Agenda for a particular year.

2. The Annual Work Programme shall describe the scope and budget of calls for proposals needed to implement the Research Agenda for a particular year. Once approved by the Governing Board, the Annual Work Programme shall be made public.

3. The Annual Implementation Plan shall specify the plan for the execution of all the activities of the ENIAC Joint Undertaking for a particular year, including planned calls for proposals and actions needing to be implemented through Calls for tenders. The Annual Implementation Plan shall be presented by the Executive Director to the Governing Board together with the Annual Budget Plan.

3. The Annual Implementation Plan shall specify the plan for the execution of all the activities of the ENIAC Joint Undertaking for a particular year, including planned calls for proposals and actions needing to be implemented through Calls for tenders. The Annual Implementation Plan shall be presented by the Executive Director to the Governing Board together with the Annual Budget Plan. Once approved by the Governing Board, the Annual Implementation Plan shall be made public.

The Annual Activity Report shall be presented by the Executive Director together with the Annual Accounts and balance sheets.

The Annual Activity Report shall be presented by the Executive Director together with the Annual Accounts and balance sheets. The Annual Activity Report shall identify the participation of SMEs in the ENIAC Joint Undertaking and in the R&D activities.

6. Within two months after the end of each financial year the provisional accounts of the Joint Undertaking shall be submitted to the Commission and the Court of Auditors of the European Communities (‘the Court of Auditors’). The Court of Auditors shall, by 15 June after the end of each financial year, make its observations on the provisional accounts of the Joint Undertaking.

6. Within two months after the end of each financial year the provisional accounts of the Joint Undertaking shall be submitted to the Commission and the Court of Auditors of the European Communities (‘the Court of Auditors’) and to the budgetary authority . The Court of Auditors shall, by 15 June after the end of each financial year, make its observations on the provisional accounts of the Joint Undertaking.

3. In order to enable the implementation of Projects and the granting of public funds, the ENIAC Joint Undertaking shall establish administrative arrangements with the national entities designated by the ENIAC Member States for that purpose, in line with the Financial Regulation of the ENIAC Joint Undertaking.

3. In order to enable the implementation of Projects and the granting of public funds, the ENIAC Joint Undertaking shall establish administrative arrangements with the national entities designated by the ENIAC Member States for that purpose, in line with the financial rules of the ENIAC Joint Undertaking.

1. The staff resources shall be determined in an establishment plan to be set out in the Annual Budget Plan.

1. The staff resources shall be determined in an establishment plan to be set out in the Annual Budget Plan and to be forwarded by the Commission to the European Parliament and the Council together with the preliminary draft budget of the European Union.

2. The members of the staff of the ENIAC Joint Undertaking shall be temporary agents and contract agents and shall have fixed-term contracts extendable once up to a maximum total period of seven years .

2. The members of the staff of the ENIAC Joint Undertaking shall be temporary agents and contract agents and shall have fixed-term contracts extendable twice up to a maximum total period of ten years. Furthermore, the Commission may, in agreement with the Government Board, second officials to the ENIAC Joint Undertaking.

5. When any physical asset has been dealt with as provided for in paragraph 4, any further assets shall be used to cover the liabilities of the ENIAC Joint Undertaking and the costs relating to its winding-up. Any surplus or deficit shall be distributed among or met by the Members existing at the time of the winding-up in proportion to their actual contribution to the ENIAC Joint Undertaking.

5. When any physical asset has been dealt with as provided for in paragraph 4, any further assets shall be used to cover the liabilities of the ENIAC Joint Undertaking and the costs relating to its winding-up. Any surplus shall be distributed among the Members existing at the time of the winding-up in proportion to their actual contribution to the ENIAC Joint Undertaking.

3. Proposals for amendments to the Statutes shall be approved by the Governing Board according to the provisions of Article 6 and submitted to the Commission for decision.

3. Proposals for amendments to the Statutes shall be approved by the Governing Board according to the provisions of Article 6 and submitted to the Commission for decision after consulting the European Parliament .