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Document 52009AP0058
Community legal framework for a European Research Infrastructure (ERI) * European Parliament legislative resolution of 19 February 2009 on the proposal for a Council regulation on the Community legal framework for a European Research Infrastructure (ERI) (COM(2008)0467 – C6-0306/2008 – 2008/0148(CNS))
Community legal framework for a European Research Infrastructure (ERI) * European Parliament legislative resolution of 19 February 2009 on the proposal for a Council regulation on the Community legal framework for a European Research Infrastructure (ERI) (COM(2008)0467 – C6-0306/2008 – 2008/0148(CNS))
Community legal framework for a European Research Infrastructure (ERI) * European Parliament legislative resolution of 19 February 2009 on the proposal for a Council regulation on the Community legal framework for a European Research Infrastructure (ERI) (COM(2008)0467 – C6-0306/2008 – 2008/0148(CNS))
OJ C 76E, 25.3.2010, p. 94–106
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
25.3.2010 |
EN |
Official Journal of the European Union |
CE 76/94 |
Thursday 19 February 2009
Community legal framework for a European Research Infrastructure (ERI) *
P6_TA(2009)0058
European Parliament legislative resolution of 19 February 2009 on the proposal for a Council regulation on the Community legal framework for a European Research Infrastructure (ERI) (COM(2008)0467 – C6-0306/2008 – 2008/0148(CNS))
2010/C 76 E/19
(Consultation procedure)
The European Parliament,
having regard to the Commission proposal to the Council (COM(2008)0467),
having regard to Article 171 and the first paragraph of Article 172 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0306/2008),
having regard to Rule 51 of its Rules of Procedure,
having regard to the report of the Committee on Industry, Research and Energy (A6-0007/2009),
1. |
Approves the Commission proposal as amended; |
2. |
Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
3. |
Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
4. |
Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
5. |
Instructs its President to forward its position to the Council and Commission. |
TEXT PROPOSED BY THE COMMISSION |
AMENDMENT |
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Amendment 1 |
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Proposal for a regulation Recital 3 |
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Amendment 2 |
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Proposal for a regulation Recital 4 |
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Amendment 3 |
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Proposal for a regulation Recital 6 a (new) |
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Amendment 4 |
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Proposal for a regulation Recital 7 |
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Amendment 5 |
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Proposal for a regulation Recital 8 |
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Amendment 6 |
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Proposal for a regulation Recital 9 |
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Amendment 7 |
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Proposal for a regulation Recital 10 |
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Amendment 8 |
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Proposal for a regulation Recital 10a (new) |
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Amendment 9 |
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Proposal for a regulation Recital 12 |
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Amendment 10 |
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Proposal for a regulation Recital 14 |
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Amendment 11 |
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Proposal for a regulation Recital 17 |
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Amendment 12 |
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Proposal for a regulation Recital 20 |
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Amendment 13 |
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Proposal for a regulation Recital 22 |
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Amendment 14 |
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Proposal for a regulation Recital 23 |
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Amendment 15 |
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Proposal for a regulation Recital 23 a (new) |
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Amendment 16 |
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Proposal for a regulation Recital 24 |
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Amendment 17 |
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Proposal for a regulation Article 1 |
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1. This Regulation establishes a framework laying down the requirements and procedures for and the effects of setting up a European Research Infrastructure (hereinafter referred to as ‘ERI’). 2. It shall apply to research infrastructures of pan-European interest. |
1. This Regulation establishes the requirements and procedures for a research infrastructure of pan-European interest to be set up as a European Research Infrastructure (hereinafter referred to as ERI). |
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Amendment 18 |
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Proposal for a regulation Article 1 – paragraph 2 a (new) |
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2a. A research structure of pan-European interest is a facility, including resources and related services, which can be used by the scientific community to conduct high level research in their respective fields. This definition covers major scientific equipment or sets of instruments; knowledge-based resources such as collections, archives or structured scientific information; enabling ICT-based infrastructures such as grid, computing, software and communications; any other entity of a unique nature essential to achieve excellence in research. Such research infrastructures may be single-sited or distributed (an organised network of resources). |
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Amendment 19 |
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Proposal for a regulation Article 2 – title |
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Task and other activities |
Objective and activities of an ERI |
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Amendment 20 |
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Proposal for a regulation Article 2 – paragraph 1 |
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1. The task of an ERI shall be to establish and operate a research infrastructure. |
1. The objective of an ERI shall be to facilitate and promote research of pan-European interest, either in an existing European infrastructure or in a new infrastructure established jointly by several Member States . |
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Amendment 21 |
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Proposal for a regulation Article 2 – paragraph 2 |
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2. An ERI shall pursue its task on a non-economic basis . However, it may carry out limited economic activities closely related to its task provided that they do not jeopardise the achievement of that task. |
2. The activities pursued by an ERI shall be of a non economic nature. However, it may carry out limited economic activities closely related to its objective provided that they do not jeopardise the achievement of that objective and income from such activities is used exclusively to achieve that objective. |
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Amendment 22 |
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Proposal for a regulation Article 2 – paragraph 3 a (new) |
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3a. ERIs shall pay special attention to patents and other valuable intellectual property rights and interests which arise as a result of their activities and shall inform the Commission of such intellectual property rights by means of an annual report. |
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Amendment 23 |
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Proposal for a regulation Article 3 – title |
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Requirements relating to infrastructure |
General requirements |
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Amendment 24 |
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Proposal for a regulation Article 3 – paragraph 1 – introductory part |
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The research infrastructure to be established by an ERI shall meet the following requirements: |
The research infrastructure to be set up as an ERI shall meet the following requirements: |
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Amendment 25 |
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Proposal for a regulation Article 3 – paragraph 1 – point b |
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Amendment 26 |
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Proposal for a regulation Article 3 – paragraph 1 – point c |
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Amendment 27 |
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Proposal for a regulation Article 3 – paragraph 1 – point c a (new) |
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Amendment 28 |
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Proposal for a regulation Article 3 – paragraph 1 – point d a (new) |
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Amendment 29 |
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Proposal for a regulation Article 3 – paragraph 1 a (new) |
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The research infrastructure to be set up as an ERI shall submit an impact assessment with its application. |
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Amendment 30 |
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Proposal for a regulation Article 3 – paragraph 1 b (new) |
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The members of a research infrastructure to be set up as an ERI shall commit the necessary human and financial resources for its establishment and operation. |
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Amendment 31 |
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Proposal for a regulation Article 4 – title |
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Application for the setting-up of an ERI |
Application |
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Amendment 32 |
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Proposal for a regulation Article 4 – paragraph 1 – introductory part |
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1. The entities applying for the setting up of an ERI (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 Community and shall contain the following: |
1. The entities applying for a research infrastructure to be set up as an ERI (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 Community and shall contain the following: |
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Amendment 33 |
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Proposal for a regulation Article 4 – paragraph 1 – point a |
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Amendment 34 |
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Proposal for a regulation Article 4 – paragraph 1 – point c |
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Amendment 35 |
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Proposal for a regulation Article 4 – paragraph 2 |
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2. The Commission shall assess the application. During the assessment it may obtain the views of independent experts in particular in the field of the intended activities of the ERI. The result of such assessment shall be communicated to the applicants who shall be, if necessary, invited to complete or amend the application within a reasonable time. |
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Amendment 36 |
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Proposal for a regulation Article 5 – title |
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Decision on the application |
Assessment and decision on the application |
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Amendment 37 |
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Proposal for a regulation Article 5 – paragraph – -1 (new) |
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-1. The Commission shall assess the application. During the assessment it must obtain the views of independent experts in particular in the field of the intended activities of the ERI. The result of such assessment shall be communicated to the applicants who shall, if necessary, be invited to complete or amend the application within a reasonable time. |
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Amendment 38 |
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Proposal for a regulation Article 5 – paragraph 1 – introductory part |
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1. The Commission shall, taking into account the results of the assessment referred to in Article 4(2) and in accordance with the procedure referred to in Article 21: |
1. The Commission shall, taking into account the results of the assessment referred to in Article 5(-1) and the needs identified in the European Strategy Forum on Research Infrastructures (ESFRI) Roadmap and in accordance with the procedure referred to in Article 21: |
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Amendment 39 |
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Proposal for a regulation Article 5 – paragraph 1 – point a |
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Amendment 40 |
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Proposal for a regulation Article 5 – paragraph 2 |
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2. The decision on the application shall be notified to the applicants. The decision setting up the ERI shall also be published in the L series of the Official Journal of the European Union. |
2. The decision on the application shall be notified to the applicants. The decision setting up the research infrastructure as an ERI shall also be published in the L series of the Official Journal of the European Union. In cases of refusal, applicants shall have access to the evaluation report. |
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Amendment 42 |
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Proposal for a regulation Article 6 – paragraph 1 a (new) |
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1a. In the case of infrastructures with a different legal form, the original legal person shall cease to exist on the date referred to in paragraph 1, and the ERI shall operate as its successor in title by legal succession; |
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Amendment 43 |
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Proposal for a regulation Article 7 – paragraph 2 |
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2. An ERI shall have a name containing the words ‘European Research Infrastructure’ or the abbreviation ‘ERI’. |
2. An ERI shall have a name containing the words ‘European Research Infrastructure’ or the abbreviation ‘ERI’ and a reference to its research area . |
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Amendment 44 |
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Proposal for a regulation Article 8 – paragraph 2 |
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2. An ERI must at all times have at least three Member States as members. Further Member States may join as members at any time on fair and reasonable terms specified in the Statutes. |
2. An ERI must at all times have at least three Member States as members. Further Member States , third countries and international organisations may join as members at any time on fair and reasonable terms specified in the Statutes. |
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Amendment 45 |
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Proposal for a regulation Article 8 – paragraph 4 |
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4. Any Member State or third country may be represented by one or more public entities, including regions, or private entities with a public-service mission as regards the exercise of specified rights and the discharge of specified obligations as a member of the ERI. |
4. Any Member State or third country may be represented in the assembly of members by one or more public entities, including regions, or private entities with a public-service mission as regards the exercise of specified rights and the discharge of specified obligations as a member of the ERI. |
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Amendment 46 |
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Proposal for a regulation Article 8 – paragraph 5 |
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5. Third countries and intergovernmental organisations applying for a membership of an ERI shall recognise that that ERI shall have legal personality and capacity in accordance with Article 6(1) and (2) and that it shall be subject to rules determined in application of Article 16. |
5. Third countries and intergovernmental organisations applying for a membership of an ERI shall recognise that that ERI shall have legal personality and capacity in their respective territories and organisations in accordance with Article 6(1) and (2) and that it shall be subject to rules determined in application of Article 16. In the event that Community funds are being used by an ERI, the international or intergovernmental ERI members shall maintain their ERI status only if they commit to sending their internal and external audits to the European Court of Auditors and to the Internal Auditor of the Commission. |
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Amendment 47 |
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Proposal for a regulation Article 8 – paragraph 6 a (new) |
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6a. Should the Community become a member of an ERI either directly or through any intermediary, the Commission shall notify the two arms of the budgetary authority immediately. |
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Amendment 48 |
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Proposal for a regulation Article 9 – paragraph 1 – point b |
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Amendment 49 |
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Proposal for a regulation Article 9 – paragraph 1 – point e |
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Amendment 50 |
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Proposal for a regulation Article 9 – paragraph 1 – point h – point i |
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Amendment 51 |
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Proposal for a regulation Article 9 – paragraph 1 – point h – point i a (new) |
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Amendment 52 |
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Proposal for a regulation Article 9 – paragraph 1 – point h – point vi a (new) |
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Amendment 53 |
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Proposal for a regulation Article 9 – paragraph 1 – point j a (new) |
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Amendment 54 |
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Proposal for a regulation Article 13 – paragraph 6 |
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6. An ERI shall take out appropriate insurance to cover all risks specific to its operation. |
6. An ERI shall take out appropriate insurance to cover all risks specific to the construction of the infrastructure and its operation. |
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Amendment 55 |
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Proposal for a regulation Article 14 |
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Community funding to an ERI may be awarded solely in accordance with Title VI of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities. Funding under Cohesion Policy shall also be possible, in conformity with the relevant Community legislation. |
Community funding to an ERI may only be awarded in accordance with Title VI of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities. Funding under Cohesion Policy shall also be possible, in conformity with the relevant Community legislation. Should the Community at any time become a member of an ERI either directly or through any intermediary, that ERI shall be treated as a body having legal personality under Article 185 of the Financial Regulation. This also applies to an ERI which receives contributions (operative grants) under Article 185 of the Financial Regulation. |
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Amendment 56 |
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Proposal for a regulation Article 16 – paragraph 1 – point a |
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Amendment 57 |
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Proposal for a regulation Article 18 – paragraph 5 |
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5. If no remedial action is taken, the Commission may repeal the decision establishing the ERI. Such decision shall be notified to the ERI and be published in the L series of the Official Journal of the European Union. This shall trigger the winding-up of the ERI. |
5. If no remedial action is taken, the Commission may repeal the decision setting up the research infrastructure as an ERI. Such decision shall be notified to the ERI and be published in the L series of the Official Journal of the European Union. This shall trigger the winding-up of the ERI. |
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Amendment 58 |
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Proposal for a regulation Article 18 – paragraph 5 a (new) |
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5a. The Commission shall submit the annual activity report to the European Parliament and to the Council and shall notify them of any decisions adopted under paragraphs 3 to 5. |
(1) OJ L 210, 31.7.2006, p. 79.