02021R2085 — EN — 21.09.2023 — 001.001
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COUNCIL REGULATION (EU) 2021/2085 of 19 November 2021 (OJ L 427 30.11.2021, p. 17) |
Amended by:
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L 229 |
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18.9.2023 |
COUNCIL REGULATION (EU) 2021/2085
of 19 November 2021
establishing the Joint Undertakings under Horizon Europe and repealing Regulations (EC) No 219/2007, (EU) No 557/2014, (EU) No 558/2014, (EU) No 559/2014, (EU) No 560/2014, (EU) No 561/2014 and (EU) No 642/2014
PART ONE
COMMON PROVISIONS
TITLE I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation sets up nine joint undertakings within the meaning of Article 187 TFEU for the implementation of institutionalised European partnerships referred to in Article 10(1), point (c), of the Horizon Europe Regulation. It determines their objectives and tasks, membership, organisation and other operating rules.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
‘member other than the Union’ means any participating state, private member or international organisation that is a member of a joint undertaking;
‘founding member’ means any legal entity established in a Member State, a country associated to Horizon Europe or, where applicable, associated with DEP, or an international organisation that is identified as a member of a joint undertaking in this Regulation or in one of its Annexes;
‘associated member’ means any legal entity established in a Member State, a country associated to Horizon Europe or, where applicable, associated to DEP, or an international organisation that accedes to a joint undertaking by signing a letter of commitment in accordance with Article 6(3) and subject to an approval in accordance with Article 7;
‘participating state’ means any Member State or country associated to Horizon Europe or, where applicable, associated to DEP upon notification of its participation in the activities of the relevant joint undertaking by means of a letter of commitment;
‘private member’ means any legal entity established under public or private law that is a member of a joint undertaking other than the Union, participating states or international organisations;
‘constituent entities’ means the entities that constitute a private member of a joint undertaking, where the private member is an association according to that member’s statutes;
‘contributing partner’ means any country, international organisation or legal entity other than a member of a joint undertaking, or a constituent entity of a member or an affiliated entity of either, that supports the objectives of a joint undertaking in its specific area of research and whose application has been approved in accordance with Article 9;
‘in-kind contributions to operational activities’ means contributions by private members, constituent entities or the affiliated entities of either, by international organisations and by contributing partners, consisting of the eligible costs incurred by them in implementing indirect actions less the contribution of that joint undertaking and of the participating states of that joint undertaking to those costs;
‘additional activity’ means an activity, included in the annual additional activities plan annexed to the main part of the work programme, that does not receive financial support from the joint undertaking but contributes to its objectives and is directly linked to the uptake of results from projects under that joint undertaking or its preceding initiatives or that has a significant Union added value;
‘in-kind contributions to additional activities’ means contributions by the private members, constituent entities or the affiliated entities of either, and by international organisations, consisting of the costs incurred by them in implementing additional activities less any contribution to those costs from the Union and from the participating states of that joint undertaking;
‘preceding initiative’ means any partnership in one of the areas covered by a joint undertaking that received financial support from one of the previous Union framework programmes for research;
‘Strategic Research and Innovation Agenda’ means the document covering the duration of Horizon Europe that identifies the key priorities and the essential technologies and innovations required to achieve the objectives of a joint undertaking;
‘work programme’ means the document referred to in Article 2, point (25), of the Horizon Europe Regulation;
‘conflict of interest’ means a situation involving a financial actor or other person as referred to in Article 61 of Regulation (EU, Euratom) 2018/1046;
‘newcomer’ means an entity that is, for the first time, a beneficiary of a grant awarded by an individual joint undertaking or its preceding initiative and that is not a founding member of that joint undertaking or its preceding initiative.
Article 3
Establishment
The following joint undertakings are set up as Union bodies for a period ending on 31 December 2031 and financed under the MFF 2021-2027:
the Circular Bio-based Europe Joint Undertaking;
the Clean Aviation Joint Undertaking;
the Clean Hydrogen Joint Undertaking;
the Europe’s Rail Joint Undertaking;
the Global Health EDCTP3 Joint Undertaking;
the Innovative Health Initiative Joint Undertaking;
the ►M1 Chips Joint Undertaking ◄ ;
the Single European Sky ATM Research 3 Joint Undertaking;
the Smart Networks and Services Joint Undertaking.
TITLE II
FUNCTIONING OF THE JOINT UNDERTAKINGS
CHAPTER 1
Objectives and tasks
Article 4
Objectives and principles
The Chips Joint Undertaking shall also contribute to the general objective referred to in Article 4(1) of Regulation (EU) 2023/1781 of the European Parliament and of the Council ( 1 ), the operational objectives referred to in Article 4(2), points (a) to (d), of Regulation (EU) 2023/1781 (‘operational objectives 1 to 4’) and the general objectives of DEP referred to in Article 3(1) of Regulation (EU) 2021/694.
The joint undertakings shall, through the involvement and commitment of partners in designing and implementing a programme of research and innovation activities with European added value, deliver collectively on the following general objectives:
strengthening and integrating the scientific, innovation and technological capacities and facilitating collaborative links across the Union to support the creation and diffusion of high-quality new knowledge and skills, in particular with a view to delivering on global challenges, securing and enhancing Union competitiveness, European added value, resilience and sustainability and contributing to a reinforced European Research Area (ERA);
securing sustainability-driven global leadership and resilience of Union value chains in key technologies and industries in line with the industrial and SMEs strategies for Europe, the European Green Deal, the European Recovery Plan and other relevant Union policies;
developing and accelerating the uptake of innovative solutions throughout the Union addressing climate, environmental, health, digital and other global challenges contributing to Union strategic priorities, accelerating the economic growth of the Union and fostering the innovation ecosystem, while reaching the United Nations Sustainable Development Goals and achieving climate neutrality in the Union at the latest by 2050, in line with the Paris Agreement, thereby improving the quality of life of European citizens.
The joint undertakings shall deliver on the following specific objectives:
enhance the critical mass and scientific and technological capabilities and competences in collaborative, cross-sectoral, cross policy, cross-border and interdisciplinary research and innovation across the Union as well as facilitate their integration into European ecosystems;
accelerate the green and digital transitions as well as economic, social and societal transformations in areas and sectors of strategic importance for Union priorities, in particular to reduce greenhouse gas emissions by 2030 in accordance with the climate and energy targets set in line with the European Green Deal and the European Climate Law;
enhance the research and innovation capabilities and performance of existing and new European innovation ecosystem and economic value chains, including in start-ups and SMEs;
accelerate the deployment, uptake and diffusion of innovative solutions, technologies, services and skills in reinforced European research and innovation ecosystems and industrial ecosystems, including through wide and early engagement and co-creation with end-users, including SMEs and start-ups, citizens and regulatory and standardisation bodies;
deliver environmental, energy, resource-saving, societal, circularity and productivity improvements in new products, technologies, applications and services by exploiting Union capabilities and resources.
Article 5
Operational objectives and tasks
The joint undertakings shall adhere to the following operational objectives in accordance with the criteria set out in Annex III to the Horizon Europe Regulation, and contribute to the operational objectives of Horizon Europe set out in the Specific Programme implementing Horizon Europe:
reinforce and spread excellence, including by fostering wider participation and boosting collaborative links throughout the Union;
strengthen scientific excellence, including by considering, where relevant, state-of-the-art basic and frontier research findings in the implementation of their activities;
stimulate research and innovation activities in SMEs and contribute to the creation and scaling-up of innovative companies, in particular start-ups, SMEs and, in exceptional cases, small mid-caps;
reinforce the link between research, innovation and, where appropriate, education, training and other policies, including complementarities with national, regional and Union research and innovation policies and activities;
strengthening gender mainstreaming, including the integration of gender dimension in the research and innovation content;
increase collaboration links in European research and innovation and across sectors and disciplines, including social sciences and humanities;
strengthen international cooperation in support of Union policy objectives and international commitments;
increase public awareness and acceptance, respond to demand and encourage the diffusion and uptake of new solutions by involving, where appropriate, citizens and end-users in co-design and co-creation processes;
encourage exploitation of research and innovation results and actively disseminate and exploit results, in particular for leveraging private investments and for policy development;
accelerate industrial transformation and resilience across the value chains, including through improving skills for innovation and advancing digital technology;
support the scientific evidence-based implementation of related Union policies, as well as regulatory, standardisation and sustainable investment activities at national, European and global levels.
The joint undertakings shall carry out the following tasks by adopting a systemic approach in achieving the objectives:
provide financial support, mainly in the form of grants, to research and innovation indirect actions, selected following open, transparent and competitive calls except in duly justified cases specified in their work programme in order to set additional conditions requiring the participation of members of the joint undertaking or their constituent or affiliated entities;
develop close cooperation and ensure coordination with other European partnerships, including by dedicating, where appropriate, a part of the joint undertaking’s budget to joint calls;
seek and maximise synergies with and, where appropriate, possibilities for further funding from relevant activities and programmes at Union, national and regional level, in particular with those supporting the deployment and uptake of innovative solutions, training, education and regional development, such as Cohesion Policy Funds, or the national Recovery and Resilience Plans;
ensure their operations contribute towards the strategic multiannual planning, reporting, monitoring and evaluation and other requirements of Horizon Europe set out in Articles 50 and 52 of the Horizon Europe Regulation, such as the implementation of the common policy feedback framework;
promote the involvement of SMEs and start-ups in their activities and ensure the provision of timely information to them, in line with the objectives of Horizon Europe;
develop a targeted approach within their Strategic Research and Innovation Agenda to implement measures for attracting newcomers, in particular SMEs, higher education institutions and research organisations, for expanding collaborative networks;
mobilise the public and private sector resources needed to achieve the objectives set out in this Regulation;
monitor progress towards the achievement of the objectives set out in this Regulation, as well as in accordance with the provisions set out in Article 50 of and Annexes III and V to the Horizon Europe Regulation;
define and implement their work programme;
liaise with the most extensive range of stakeholders including, but not limited to, decentralised agencies, research organisations and higher education institutions, end users and public authorities, in particular for the purpose of defining the priorities and activities of each joint undertaking as well as to ensure transparency, openness and inclusiveness, and benefits to society;
engage in information, communication, publicity and dissemination and exploitation activities by applying mutatis mutandis Article 51 of the Horizon Europe Regulation, including by making the detailed and coherent information on results from funded research and innovation activities available and accessible in a common Horizon Europe e-database, in a timely manner;
provide the Commission with the necessary technical, scientific and administrative support to carry out its tasks for the purposes of ensuring the proper functioning and development in the Union of the specific areas addressed by the joint undertaking;
contribute to developing a more effective science-policy interface, to fostering open science by ensuring better use of results and to addressing policy needs, as well as to promoting faster exploitation, dissemination and uptake of results in accordance with Articles 14 and 39 of the Horizon Europe Regulation;
identify and report, in line with the common policy feedback framework and with strategies and actions to support the European Green Deal objectives, the relevant knowledge acquired from the management of research and innovation projects and their results to the Commission to serve as input for monitoring, evaluating and rectifying, where necessary, existing policy measures or shaping new policy initiatives and decisions;
support the Commission in the development and implementation of robust science-based technical screening criteria pursuant to Article 3 of Regulation (EU) 2020/852 on sustainable investments, by monitoring and assessing their implementation within the economic sector in which they operate, in order to provide ad hoc feedback to policy-making, when needed;
consider the ‘do no significant harm’ principle pursuant to Article 17 of Regulation (EU) 2020/852 for activities of the joint undertakings falling within the scope of that Regulation and take into account the provisions of that Regulation to improve access to sustainable finance, where relevant;
perform any other task necessary to achieve the objectives set out in this Regulation.
CHAPTER 2
Members, contributing partners and contributions
Article 6
Members
The members of the joint undertakings referred to in Article 3 shall be the Union, represented by the Commission, and any of the following, as specified in Part Two:
participating states;
founding members;
associated members.
Article 7
Selection of associated members
Article 8
Changes to or termination of membership
Article 9
Contributing partners
Article 10
Union financial contribution
Article 11
Contributions from members other than the Union and contributing partners
Unless specified otherwise in Part Two, the contributions of private members shall consist of financial contributions and of any of the following:
in-kind contributions to operational activities;
in-kind contributions to additional activities, approved by the governing board in accordance with Article 17(2), point (n).
The Commission may terminate, proportionally reduce or suspend the Union financial contribution to a joint undertaking or trigger the winding-up procedure referred to in Article 45 in any of the following cases:
where the joint undertaking concerned fails to meet the conditions for the entrustment of the Union contribution;
where the members other than the Union or their constituent or affiliated entities fail to contribute, contribute only partially, do not respect the time limits set out in paragraph 2 with regard to the contribution referred to in paragraphs 1, 4 and 5 of this Article;
as a result of the evaluations referred to in Article 171(2).
Article 12
Management of contributions from the participating states
In addition to criteria set out in Article 22 of the Horizon Europe Regulation or, in the case of the Chips Joint Undertaking, in Article 18 of Regulation (EU) 2021/694, the work programme may include, as an annex, eligibility criteria regarding national legal entities.
Each participating state shall entrust the joint undertaking with the evaluation of the proposals according to the Horizon Europe Regulation and, where applicable, to Regulation (EU) 2021/694.
The selection of proposals shall be based on the ranking list provided by the evaluation committee. The body responsible for selection may deviate from that list in duly justified cases as set out in the work programme to ensure the overall consistency of the portfolio approach.
Each participating state shall have a right of veto on all issues concerning the use of its own national financial contributions to the joint undertaking for applicants established in those participating states, on the basis of national strategic priorities.
Each participating state shall strive to synchronise its payment schedule, reporting and audits with those of the joint undertaking and to converge its cost eligibility rules with Horizon Europe’s rules.
CHAPTER 3
Organisation of the joint undertakings
Article 13
Synergies and efficiencies in back office arrangements
Joint undertakings shall, within one year following the date of entry into force of this Regulation, operate back office arrangements by concluding service level agreements, unless specified otherwise in Part Two and subject to the need to guarantee an equivalent level of protection of the Union’s financial interest when entrusting budgetary implementation tasks to joint undertakings. Such arrangements shall include at least the following areas, subject to confirmation of viability and following screening of resources:
human resource support;
legal support;
information and communication technologies;
accounting (excluding treasury);
communication;
logistics, events and meeting room management;
support for audit and anti-fraud strategy.
Article 14
Bodies of the joint undertakings
Article 15
Composition of the governing board
Article 16
Functioning of the governing board
Adoption of decisions by the governing board may also be subject to any relevant specific rules set out in Part Two.
The voting rights of the members other than the Union shall be subject to the specific rules set out in Part Two. Unless specified otherwise in Part Two, each of the representatives of the members other than the Union shall hold an equal number of votes.
Article 17
Tasks of the governing board
The Commission, in its role in the governing board, shall seek to ensure coordination and coherence between the activities of the joint undertakings and the relevant activities of Union funding programmes with a view to promoting synergies and complementarities while avoiding duplications when identifying priorities covered by collaborative research.
The governing board shall carry out the following tasks:
take measures to implement the joint undertaking’s general, specific and operational objectives, assess their effectiveness and impact, ensure close and timely monitoring of the progress of the joint undertaking’s research and innovation programme and individual actions in relation to the priorities of the Union and the Strategic Research and Innovation Agenda, including in relation to complementarity with regional or national programmes, and take corrective measures where needed to ensure that the joint undertaking meets its objectives;
assess, accept or reject applications for membership in accordance with Article 7;
assess, accept or reject applications of prospective contributing partners in accordance with Article 9;
decide on the termination of the membership in the joint undertaking with regard to any member that does not fulfil its obligations pursuant to this Regulation or in accordance with Article 8(2) and (3);
adopt the financial rules of the joint undertaking in accordance with Article 27;
adopt the annual budget and the staff establishment plan including the number of permanent and temporary posts by function group and by grade as well as the number of contract staff and seconded national experts expressed in full-time equivalents;
decide on the distribution of administrative costs among the members other than the Union, where these members fail to reach an agreement in accordance with Article 28(2), taking into account possible imbalances in their administrative commitments compared to their participation;
exercise, in accordance with paragraph 4 of this Article and with regard to the staff of the joint undertaking, the powers conferred by the Staff Regulations of Officials of the European Union laid down in Regulation (EEC, Euratom, ECSC) No 259/68 (the ‘Staff Regulations’) on the Appointing Authority and by the CEOS on the Authority Empowered to Conclude a Contract of Employment (the ‘appointing authority powers’);
appoint, dismiss, extend the term of office, provide guidance and monitor the performance of the executive director;
adopt the Strategic Research and Innovation Agenda at the beginning of the joint undertaking and update it throughout the duration of Horizon Europe, where necessary. The Strategic Research and Innovation Agenda shall identify the partnership’s targeted impact, foreseen portfolio of activities, measurable expected outcomes, resources, deliverables and milestones within a defined timeframe. It shall also identify the other European partnerships with which the joint undertaking shall establish a formal and regular collaboration and the possibilities for synergies between the joint undertaking’s actions and national or regional initiatives and policies based on information received by the participating states or the states’ representatives group as well as synergies with other Union programmes and policies;
adopt the work programme and corresponding expenditure estimates as proposed by the executive director, after taking into consideration the states’ representatives group’s opinion, to implement the Strategic Research and Innovation Agenda, including the administrative activities, the content of the calls for proposals, possible conditions for dealing with ex aequo proposals in accordance with Article 28(3) of Horizon Europe and its work programmes, the research areas subject to joint calls and cooperation with other partnerships and synergies with other Union programmes, the applicable funding rate, and the related rules for submission, evaluation, selection, award and review procedures with particular attention to the feedback to policy requirements;
where appropriate, limit the participation in specific actions in the work programme in accordance with Article 22(5) of the Horizon Europe Regulation and in accordance with the position agreed on a case-by-case basis between the Commission and the Member States in the states’ representatives group, unless specified otherwise in Part Two;
adopt measures for attracting newcomers, in particularly SMEs, higher education institutions and research organisations, into the activities and actions of the joint undertaking, including where applicable by encouraging them to become private members or constituent entities of the private members;
approve the annual additional activities plan, set out in an annex to the main part of the work programme, on the basis of a proposal from the members other than the Union and after having consulted the scientific advisory body or such body as set out in Part Two and after taking into consideration the states’ representatives group’s opinion;
provide strategic orientation as regards the collaboration with other European partnerships in accordance with the Strategic Research and Innovation Agenda;
assess and approve the consolidated annual activity report, including the corresponding expenditure and the budget dedicated to joint calls with other European partnerships;
deliver an opinion on the joint undertaking’s final accounts;
make arrangements, as appropriate, for the establishment of an internal audit capability of the joint undertaking;
approve the organisational structure of the programme office upon recommendation of the executive director;
approve the joint undertaking’s communication policy upon recommendation by the executive director;
unless specified otherwise in Part Two, approve the list of actions selected for funding;
adopt implementing rules for giving effect to the Staff Regulations and the CEOS in accordance with Article 110(2) of the Staff Regulations;
adopt rules on the secondment of national experts to the joint undertakings or the use of trainees;
set up, as required, advisory or working groups, including in collaboration with other joint undertakings, in addition to the bodies of the joint undertaking referred to in Article 14, for a determined period of time and to fulfil a specific purpose;
submit to the Commission, where appropriate, requests to amend this Regulation;
request scientific advice or analysis on specific issues to the joint undertaking’s scientific advisory body or its members, including as regards developments in adjacent sectors;
adopt by the end of 2023 a plan for the phasing-out of the joint undertaking from Horizon Europe funding upon recommendation of the executive director;
ensure the performance of any task that is not specifically assigned to a particular body of a joint undertaking, subject to the possibility that the governing board may assign such task to another body of the joint undertaking concerned.
Article 18
Appointment, dismissal and extension of the term of office of the executive director
For the purpose of concluding the contract of the executive director, the joint undertaking shall be represented by the chairperson of the governing board.
Article 19
Tasks of the executive director
The executive director shall carry out the following tasks for the joint undertaking:
ensure sustainable and efficient management of the joint undertaking and efficient implementation of the work programme;
prepare and submit for adoption to the governing board the draft annual budget and the staff establishment plan;
prepare and, after having taken into account the opinion of the states’ representatives group or the Public Authorities Board as appropriate, submit for adoption to the governing board the work programme and the corresponding expenditure estimates for the joint undertaking, to implement the Strategic Research and Innovation Agenda;
submit for opinion to the governing board the annual accounts for the joint undertaking;
prepare and submit for assessment and approval to the governing board the consolidated annual activity report, including information on the corresponding expenditure and contributions from members other than the Union referred to in Article 11(1);
monitor the contributions referred to in Article 11(1), report to the governing board regularly on the progress in achieving the targets and propose remedial or corrective measures, where necessary;
monitor the implementation of measures for attracting newcomers, in particularly SMEs, higher education institutions and research organisations;
establish a formal and regular collaboration with the European partnerships identified in the Strategic Research and Innovation Agenda and in accordance with the strategic orientation provided by the governing board;
following an invitation from the Chair, inform regularly the relevant configuration of the Horizon Europe Programme Committee, further to the Commission responsibility to inform the Programme Committee under Article 14(7) and Annex III to the Specific Programme implementing Horizon Europe, and in particular, before adoption of the work programme of the joint undertaking, in relation to the application of Article 22(5) of the Horizon Europe Regulation;
submit for approval to the governing board or to the Public Authorities Board as appropriate the list of actions to be selected for funding by the joint undertaking;
assess applications for associated members to the joint undertaking following an open call for expression of interest and submit proposals for associated members to the governing board;
inform regularly the other bodies of the joint undertaking on all matters relevant to their role;
sign individual grant agreements and decisions in his or her remit on behalf of the joint undertaking;
sign procurement contracts on behalf of the joint undertaking;
ensure the programme’s monitoring and assessment of the progress compared to relevant impact indicators and the joint undertaking’s specific objectives as defined in Part Two, under the supervision of the governing board and in coordination with advisory bodies where relevant, and in accordance with Article 171;
implement the communications policy of the joint undertaking;
organise, direct and supervise the operations and the staff of the joint undertaking within the limits of the delegations by the governing board;
establish and ensure the functioning of an effective and efficient internal control system and report any significant change to it to the governing board;
protect the financial interests of the Union and of other members by applying preventive measures against fraud, corruption and any other illegal activities by means of effective checks and, if irregularities are detected, by recovering amounts that were wrongly paid and, where appropriate, imposing effective, proportionate and dissuasive administrative and financial penalties;
ensure the carrying out of risk assessments and risk management for the joint undertaking;
take any other measures necessary for assessing the progress of the joint undertaking towards achieving its objectives;
prepare and submit for adoption to the governing board a plan for the phasing out of the joint undertaking from Horizon Europe funding;
perform any other tasks entrusted or delegated to him or her by the governing board or as may be required by this Regulation;
have the power to delegate his or her powers to other staff members subject to rules to be adopted in accordance with Article 17(4).
The executive director shall set up a programme office for the execution, under his or her responsibility, of all support tasks of the joint undertaking deriving from this Regulation. The programme office shall be composed of the staff of the joint undertaking and shall in particular carry out the following tasks:
provide support in establishing and managing an appropriate accounting system in accordance with the financial rules for the joint undertaking;
manage the implementation of the work programme of the joint undertaking throughout the implementation cycle;
provide to the members of the joint undertaking and its bodies all relevant and timely information and support necessary for them to perform their duties;
act as the secretariat of the bodies of the joint undertaking and provide support to advisory groups set up by the governing board, if any.
Article 20
The states’ representatives group
The states’ representatives group shall be consulted and, in particular, it shall review information and provide opinions on the following matters:
programme progress of the joint undertaking and achievement of its targets and expected impacts as part of Horizon Europe, including the information on calls for proposals and proposals received as well as on the proposal evaluation process;
updating of the Strategic Research and Innovation Agenda or equivalent in line with the Horizon Europe strategic planning and with other Union and Member States funding instruments;
links to Horizon Europe and other Union, national and, where relevant, regional initiatives, including cohesion policy funds in line with smart specialisation strategies;
draft work programmes, including the content of calls for proposals, especially on lower TRL research topics included in the draft work programme and on the application of eligibility criteria;
involvement of SMEs, start-ups, higher education institutions and research organisations, and measures taken for promoting participation of newcomers;
actions taken for dissemination and exploitation of results along the value chain;
annual activity report.
Where applicable, the states’ representatives group shall also regularly report to the governing board, and act as an interface with the joint undertaking on the following matters:
the status of relevant national or regional research and innovation programmes and identification of potential areas of cooperation, including concrete actions taken or envisaged for the deployment and uptake of relevant technologies and innovative solutions;
specific measures taken at national level or regional level with regard to dissemination events, dedicated technical workshops and communication activities;
specific measures at national or regional level with regard to deployment activities in relation to each respective joint undertaking;
national or regional policies and initiatives with a view to ensuring complementarities with regard to the joint undertaking’s Strategic Research and Innovation Agenda and annual work programmes.
Article 21
Scientific advice
Unless specified otherwise in Part Two, joint undertakings shall seek independent scientific advice by means of:
a scientific advisory body to be set up by the joint undertaking in accordance with the relevant provisions set out in Part Two, and subject to the provisions in this Article; or
ad hoc requests for independent expertise by the governing board to the joint undertaking on specific questions.
The scientific advisory body shall carry out the following tasks:
advise on the scientific priorities to be addressed in the work programmes including on scope of calls for proposals, in line with the Strategic Research and Innovation Agenda and the Horizon Europe strategic planning;
advise on the scientific achievements to be described in the annual activity report;
suggest, in view of the progress of the Strategic Research and Innovation Agenda and individual actions, corrective measures or re-orientations to the governing board, where necessary;
provide independent advice and scientific analysis on specific issues as requested by the governing board, in particular as regards developments in adjacent sectors or to support the assessment of applications of potential associated members and contributing partners;
where specified in Part Two, evaluate the results from technology and innovation actions that are funded by the joint undertaking and report to the governing board;
where specified in Part Two, participate in sector integration committees specifically set up between European partnerships under Horizon Europe to enable synergies;
carry out any other task, as specified in Part Two.
Article 22
The stakeholders group
CHAPTER 4
Financial and operational provisions
Article 23
Coherent application of limitation to participation
The joint undertakings shall ensure coherence with the approach taken for actions funded under the Horizon Europe work programme adopted in accordance with Article 13(2), point (b), of the Specific Programme implementing Horizon Europe regarding the application of Article 22(5) of the Horizon Europe Regulation, as well as Union legislation and guidance relevant for its application in similar topics in the work programme of the joint undertaking concerned.
Article 24
Rules applicable to the activities funded by the joint undertakings
Article 25
Operational and financial planning
Article 26
Operational and financial reporting
The consolidated annual activity report shall include, among other things, information on the following matters:
research, innovation and other actions carried out and the corresponding expenditure;
the proposals submitted, including a breakdown by country where the legal entity is established, and by participant type, in particular SMEs and newcomers;
the indirect actions selected for funding, including a breakdown by participant type, including SMEs, and by country and indicating the contribution of the respective joint undertaking to the individual participants and actions;
information regarding the openness of the joint undertakings, including monitoring of collaborative links;
the additional activities undertaken by the members other than the Union, including a breakdown by country where the private members, their constituent entities or the affiliated entities of either is established;
the collaboration with other European partnerships, including joint calls, and synergies between the joint undertaking’s actions and national or regional initiatives and policies.
Article 27
Financial rules
Article 28
Sources of financing
The operational costs of a joint undertaking shall be covered by means of the:
financial contribution by the Union;
financial contributions by the private members or their constituent or affiliated entities, by contributing partners or by an international organisation that is a member of a joint undertaking;
where applicable, financial contributions by the participating states;
in-kind contributions defined in Article 2, point (8).
In accordance with Articles 10 and 11, the resources of a joint undertaking entered in its budget shall be composed of the following contributions:
members’ financial contributions to the joint undertaking for the administrative costs, divided equally on an annual basis between the Union and the members other than the Union, unless specified otherwise in Part Two due to the specific membership nature of a joint undertaking;
members’ or contributing partners’ financial contributions to the joint undertaking for the operational costs;
any revenue generated by the joint undertaking;
any other financial contributions, resources and revenues.
Any interest yielded by the contributions referred to in this paragraph shall be considered to be its revenue.
Article 29
Financial commitments
Article 30
Protection of the financial interests of the members
Article 31
Ex post audits
Audits of expenditure on indirect actions shall be carried out in accordance with Article 53 of the Horizon Europe Regulation as part of the Horizon Europe indirect actions, in particular in line with the audit strategy referred to in Article 53(2) of that Regulation.
Article 32
Internal audit
Article 33
Confidentiality
Without prejudice to Articles 34 and 36, each joint undertaking shall ensure the protection of confidential information the disclosure of which beyond Union institutions and other Union bodies, offices or agencies could damage the interests of its members or of participants in the activities of the respective joint undertaking. Such confidential information includes but is not limited to personal, commercial, sensitive non-classified and classified information.
Article 34
Transparency
Regulation (EC) No 1049/2001 of the European Parliament and of the Council ( 9 ) shall apply to documents held by a joint undertaking.
Article 35
Processing of personal data
Where the implementation of this Regulation requires the processing of personal data, this shall be processed in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council ( 10 ).
Article 36
Access to results and information on proposals
CHAPTER 5
Staff and liability
Article 37
Staff
Article 38
Seconded national experts and trainees
Article 39
Privileges and Immunities
Protocol No 7 on the privileges and immunities of the European Union, annexed to the TEU and the TFEU, shall apply to the joint undertakings and their staff.
Article 40
Liability of the joint undertakings
Article 41
Liability of members and insurance
Article 42
Conflicts of interest
CHAPTER 6
Dispute resolution
Article 43
Jurisdiction of the Court of Justice and applicable law
The Court of Justice of the European Union shall have jurisdiction:
pursuant to any arbitration clause contained in agreements or contracts concluded by a joint undertaking, or in its decisions;
in disputes relating to compensation for damage caused by the staff of the joint undertaking in the performance of their duties;
in any dispute between the joint undertaking and its staff within the limits and under the conditions laid down in the Staff Regulations and the CEOS.
Article 44
Complaints to the Ombudsman
Decisions taken by a joint undertaking in the implementation of this Regulation may form the subject of a complaint to the Ombudsman in accordance with Article 228 of the TFEU.
CHAPTER 7
Winding up
Article 45
Winding up
PART TWO
SPECIFIC PROVISIONS OF INDIVIDUAL JOINT UNDERTAKINGS
TITLE I
CIRCULAR BIO-BASED EUROPE JOINT UNDERTAKING
Article 46
Additional objectives of the Circular Bio-based Europe Joint Undertaking
In addition to the objectives set out in Articles 4 and 5, the Circular Bio-based Europe Joint Undertaking shall have the following general objectives:
accelerate the innovation process and development of bio-based innovative solutions;
accelerate market deployment of the existing mature and innovative bio-based solutions;
ensure a high level of environmental performance of bio-based industrial systems.
The Circular Bio-based Europe Joint Undertaking shall also have the following specific objectives:
increase the intensity of cross-disciplinary research and innovation activities to reap the benefits of the advancement in life sciences and in other scientific disciplines for the development and demonstration of sustainable bio-based solutions;
increase and integrate the research and innovation capacity of stakeholders across the Union to exploit the local bioeconomy potential, including in regions with underdeveloped capacity;
increase the research and innovation capacity for addressing environmental challenges and development of more sustainable bio-based innovations by ensuring that sustainability issues and environmental performance are integrated throughout the whole innovation chain and in future innovative solutions;
reinforce the integration of bio-based research and innovation in the Union bio-based industry and increase the involvement of R&I actors including feedstock providers in the bio-based value chains;
reduce the risk for research and innovation investment in bio-based companies and projects;
ensure that circularity and environmental considerations, including contributions to climate neutrality and zero pollution objectives, are taken into account in the development and implementation of research and innovation bio-based projects and facilitate societal acceptance.
Article 47
Additional tasks of the Circular Bio-Based Europe Joint Undertaking
In addition to the tasks set out in Article 5, the Circular Bio-based Europe Joint Undertaking shall carry out the following tasks:
ensure that its objectives are reached through the programming of research and innovation activities of the public and private partners;
mobilise public and private funding for its research and innovation activities;
support high impact multidisciplinary research and innovation projects that enhance the industrial bio-based innovation to deliver on its objectives;
intensify its research and innovation activities along the whole innovation chain from low to high TRLs;
mobilise and integrate research and innovation actors including feedstock providers from rural, coastal, urban areas and regions with unexploited potential for bio-based value chain development to cooperate in project activities;
ensure that research and innovation activities under it focus on issues of public interest, specifically on the environmental and climate performance of the bio-based industry, both in terms of understanding the relevant problems and developing solutions to them;
promote communication and collaboration between research and innovation actors and industrial stakeholders under it to raise awareness about rapidly evolving knowledge and technology, facilitate cross-disciplinary and cross-sectorial collaboration and facilitate market uptake of innovative bio-based solutions;
mobilise national and regional authorities that are able to create more favourable conditions for market uptake of bio-based innovations;
support the reflection towards the development of standards in order to facilitate the market uptake of bio-based innovations;
set scientifically robust sustainability criteria and performance benchmarks, apply and monitor them in all its research and innovation activities, and promote them beyond the initiative to the bio-based industry;
communicate and promote innovative bio-based solutions towards policy makers, industry, NGOs, civil society and consumers at large.
Article 48
Members
The members of the Circular Bio-based Europe Joint Undertaking shall be:
the Union, represented by the Commission;
the Bio-based Industries Consortium, a non-profit organisation registered under Belgian law, upon notification of its decision to accede to the Circular Bio-based Europe Joint Undertaking by means of a letter of commitment, which shall not contain conditions regarding its accession other than those set out in this Regulation;
the associated members selected in accordance with Article 7, subject to a decision of the governing board.
Article 49
Union financial contribution
The Union financial contribution to the Circular Bio-based Europe Joint Undertaking, including EEA appropriations, to cover administrative and operational costs shall be up to EUR 1 000 000 000 , including up to EUR 23 500 000 for administrative costs.
Article 50
Contributions from members other than the Union
The members of the Circular Bio-based Europe Joint Undertaking other than the Union shall make or arrange for their constituent or affiliated entities to make a total contribution of at least EUR 1 000 000 000 , including up to EUR 23 500 000 for administrative costs, over the period set out in Article 3.
Article 51
Scope of additional activities
Notwithstanding the Governing Board’s power of decision concerning the additional activities plan pursuant to Article 17(2), point (n), and within the scope of Article 2, points (9) and (10), the Bio-based Industries Consortium or their constituent or affiliated entities shall each year make a proposal for the additional activities. The additional activities are those directly linked to projects and activities of the Circular Bio-based Europe Joint Undertaking, including in particular:
investments in new facilities demonstrating a new value chain, including investments in durable equipment, tools and accompanying infrastructure, in particular related to regional deployment and its sustainability verification;
investments in a new innovative and sustainable production plant or flagship;
investments in new research and innovation and justified infrastructure, including facilities, tools, durable equipment or pilot plants (research centres);
standardisation activities;
communication, dissemination and awareness-raising activities.
The investments directly linked to projects are in particular:
non-eligible investments needed for the implementation of a Circular Bio-based Europe Joint Undertaking project during the duration of that project;
investment made in parallel with a Circular Bio-based Europe Joint Undertaking project, complementing the results of the project and bringing it to a higher TRL;
investments needed for the deployment of a Circular Bio-based Europe Joint Undertaking project’s results following the closure of the project until the winding up of the Circular Bio-based Europe Joint Undertaking. In justified cases, the investment related to deployment of results of projects from the preceding initiative (BBI Joint Undertaking) may be taken into account.
Article 52
Bodies of the Circular Bio-based Europe Joint Undertaking
The bodies of the Circular Bio-based Europe Joint Undertaking shall be:
the Governing Board;
the Executive Director;
the states’ representatives group;
the Scientific Committee;
the Deployment Groups.
Article 53
Composition of the Governing Board
The Governing Board shall be composed as follows:
five representatives of the Commission, on behalf of the Union; and
five representatives of the members other than the Union, at least one of which should represent SMEs.
Article 54
Functioning of the Governing Board
Article 55
The Scientific Committee
Article 56
The Deployment Groups
TITLE II
CLEAN AVIATION JOINT UNDERTAKING
Article 57
Additional objectives of the Clean Aviation Joint Undertaking
In addition to the objectives set out in Articles 4 and 5, the Clean Aviation Joint Undertaking shall have the following general objectives:
to contribute to reducing the ecological footprint of aviation by accelerating the development of climate neutral aviation technologies for earliest possible deployment, therefore significantly contributing to the achievement of the general goals of the European Green Deal, in particular in relation to the Union-wide net greenhouse gas emissions reduction target of at least 55 % by 2030, compared to 1990 levels, and to a pathway towards reaching climate neutrality at the latest by 2050;
to ensure that aeronautics-related research and innovation activities, with particular focus on breakthrough technology initiatives, contribute to the global sustainable competitiveness of the Union aviation industry, and to ensure that climate-neutral aviation technologies meet the relevant aviation safety and security requirements, and that aviation remains a secure, reliable, cost-effective and efficient means of passenger and freight transportation;
to advance the European aviation research and innovation capacity.
The Clean Aviation Joint Undertaking shall also have the following specific objectives:
to integrate and demonstrate disruptive aircraft technological innovations able to decrease net emissions of greenhouse gases by no less than 30 % by 2030, compared to 2020 state-of-the-art technology, while paving the ground towards climate-neutral aviation by 2050;
to ensure that the technological and the potential industrial readiness of innovations can support the launch of disruptive new products and services by 2035, with the aim of replacing 75 % of the operating fleet by 2050 and developing an innovative, reliable, safe and cost-effective European aviation system that is able to meet the objective of climate neutrality at the latest by 2050;
to expand and foster integration of the climate-neutral aviation research and innovations value chains, including academia, research organisations, industry and SMEs, also by benefiting from exploiting synergies with other national and European related programmes and by supporting the uptake of industry-related skills across the value chain.
Article 58
Additional tasks of the Clean Aviation Joint Undertaking
In addition to the tasks set out in Article 5, the Clean Aviation Joint Undertaking shall carry out the following tasks:
publish on its website and on relevant Commission websites all the information necessary for the preparation and submission of proposals to open calls of the Clean Aviation Joint Undertaking;
monitor and assess technological progress towards the achievement of the general and specific objectives set out in Article 57;
facilitate full access to data and information for the independent impact monitoring of aviation research and innovation, carried out under the supervision of the Commission;
assist the Commission upon its request with the establishment and development coordination of regulations and standards supporting market uptake of clean aviation solutions, in particular by conducting studies, simulations and providing technical advice, while taking into account the need to eliminate barriers to market entry.
Article 59
Members
The members of the Clean Aviation Joint Undertaking shall be:
the Union, represented by the Commission;
the founding members listed in Annex I, upon notification of their decision to accede to the Clean Aviation Joint Undertaking by means of a letter of commitment, which shall not contain conditions regarding their accession other than those set out in this Regulation;
the associated members to be selected in accordance with Article 7 subject to a decision of the Governing Board.
Article 60
Union financial contribution
The Union financial contribution to the Clean Aviation Joint Undertaking, including EEA appropriations, to cover administrative costs and operational costs shall be up to EUR 1 700 000 000 , including up to EUR 39 223 000 for administrative costs.
Article 61
Contributions from members other than the Union
The members of the Clean Aviation Joint Undertaking other than the Union shall make or arrange for their constituent or affiliated entities to make a total contribution of at least EUR 2 400 000 000 , including up to EUR 39 223 000 for administrative costs, over the period set out in Article 3.
Article 62
Scope of additional activities
For the purpose of Article 11(1), point (b), additional activities may include:
activities covered under the indirect actions of the Clean Aviation Joint Undertaking but not funded under such indirect actions;
activities directly linked to the Clean Aviation Joint Undertaking work programme;
research and innovation activities building on activities funded by the Clean Aviation Joint Undertaking or its preceding initiative;
the research and innovation activities of projects with a clear link to the Strategic Research and Innovation Agenda, and co-funded under national or regional programmes within the Union;
private research and innovation projects complementing projects on the Strategic Research and Innovation Agenda as well as activities contributing to the uptake of industry-specific skills across the value chain;
activities leading to the deployment or uptake of project results from the Clean Aviation Joint Undertaking or its preceding initiatives, or from both, that have not received any Union funding;
European standardisation and certification activities related to clean aviation solutions from the Clean Aviation Joint Undertaking projects or its preceding initiatives.
Article 63
Bodies of the Clean Aviation Joint Undertaking
The bodies of the Clean Aviation Joint Undertaking shall be:
the Governing Board;
the Executive Director;
the states’ representatives group;
the Technical Committee;
the European Clean Aviation Scientific Advisory Body.
Article 64
Composition of the Governing Board
The Governing Board shall be composed as follows:
two representatives of the Commission on behalf of the Union;
fifteen representatives of the members other than the Union chosen by and from the founding members and associated members ensuring a balanced representation of the aeronautical value chain such as aircraft integrators, engine manufacturers and equipment manufacturers. The governing board shall establish in its rules of procedure a rotation mechanism for the allocation of the seats of the members other than the Union taking into account gender balance. The selected representatives shall include at least one representative of the European SMEs, at least two representatives of the research organisations and at least one representative of the higher education institutions.
Article 65
Functioning of the Governing Board
Article 66
Additional tasks of the Governing Board
In addition to the tasks listed in Article 17, the Governing Board of the Clean Aviation Joint Undertaking shall carry out the following tasks:
oversee the relevance for clean aviation of the strategies for additional activities of the members other than the Union;
promote the market uptake of technologies and solutions for contributing to achieving the European Green Deal’s objectives and ensure the achievement of the Joint Undertaking’s specific objectives set out in Article 57;
pursue synergies between research and demonstration activities at regional, national or Union level that relate to the Strategic Research and Innovation Agenda and the Clean Aviation Joint Undertaking’s work programme;
supervise the programme’s monitoring and assessment of the progress compared to impact indicators and the Clean Aviation Joint Undertaking’s specific objectives set out in Article 57(2);
ensure the continued steering and management of the transition of the Clean Sky 2 programme technical priorities and research and innovation activities until their completion, in line with the objectives of the Clean Aviation Joint Undertaking and ensure, where relevant, the transfer of results to the Clean Aviation programme.
The Governing Board shall assess and decide in relation to the implementation of the programme and to the delivery on the Clean Aviation Joint Undertaking objectives, including on:
the strategic multiannual planning of Clean Aviation calls and their alignment with the objectives of Horizon Europe and the related work programmes and the technical priorities and research actions;
revisions or optimisation of the technical scope of the programme to align the work programme and the objectives of the Clean Aviation Joint Undertaking with the overall Horizon Europe and other European partnership’ related work programmes;
the recommendations by advisory bodies and specific actions set out in Article 58 to increase market penetration and impact of clean aviation solutions in line with the European Green Deal and related policy actions to improve it.
Article 67
Additional tasks of the Executive Director
In addition to the tasks set out in Article 19, the Executive Director of the Clean Aviation Joint Undertaking shall carry out the following tasks:
take appropriate action to manage interactions between projects supported by the joint undertaking, avoiding undue overlaps between them and boosting synergies across the whole programme;
ensure that deadlines are met for the transmission of necessary information to the various bodies of the Clean Aviation Joint Undertaking;
facilitate coordination by the Commission in accordance with the advice of the advisory bodies between the activities of the Clean Aviation Joint Undertaking and the relevant research and innovation activities within Horizon Europe with a view to avoiding overlaps and promoting synergies;
ensure that the Joint Undertaking facilitates full access to data and information for the independent impact monitoring of aviation research and innovation carried out under the direct supervision of the Commission and takes any appropriate action needed to ensure the independence of that process from the Clean Aviation Joint Undertaking itself, such as by means of public procurement, independent evaluations, reviews or ad-hoc analysis. The programme’s monitoring and assessment report shall be presented to the Governing Board once a year;
assist the Governing Board adaptations of the technical content and budget allocations of the work programme during the implementation of the Strategic Research and Innovation Agenda in order to maximise the achievements of the Clean Aviation Joint Undertaking.
Article 68
The states’ representatives group
In addition to Article 20, the states’ representatives group shall also have the following additional tasks:
propose measures to improve the complementarity between the Clean Aviation Research and Innovation actions and national research programmes contributing to the objectives of the Strategic Research and Innovation Agenda, as well as with international and other national initiatives and projects;
promote specific measures at national or regional level that aim to increase the involvement of SMEs in Clean Aviation Research and Innovation, including through dissemination events, dedicated technical workshops and communication, and any other actions that aim to promote cooperation and deployment of aeronautical technologies;
promote research and innovation investment from Cohesion Policy funds such as the European Regional Development Funds, the European Social funds, the Just Transition Funds and Next Generation EU Funds into the context of the Clean Aviation Joint Undertaking.
Article 69
The Technical Committee
The Technical Committee shall be composed as follows:
up to four Commission representatives and Union bodies, as decided by the representatives of the Union in the Governing Board;
one representative from each member other than the Union;
one representative of the EASA.
The Technical Committee shall carry out the following tasks:
prepare proposals for the amendment of the Strategic Research and Innovation Agenda as needed for deliberation and final decision by the Governing Board;
prepare proposals for the technical priorities and research actions to be included in the work programme and the research topics for open calls for proposals;
provide information on research actions planned or in progress at national, regional or other non-Union levels and make recommendations on the actions necessary to maximise possible synergies of the Clean Aviation Joint Undertaking’s programme;
propose for deliberation and final decision by the Governing Board revisions or optimisation of the technical scope of the programme in order to align the work programme and the objectives of the Clean Aviation Joint Undertaking with the overall Horizon Europe and other European partnerships’ related work programmes, as identified in the Strategic Research and Innovation Agenda;
make recommendations on maximising the impact in line with the European Green Deal objectives and the potential market uptake of the programme’s results from indirect actions funded by the Joint Undertaking.
Article 70
The European Clean Aviation Scientific Advisory Body
Article 71
Certification of new technologies
Article 72
Derogation from the rules for participation
Where it is duly justified in the description of relevant topics in the work programme, a single legal entity established in a Member State or associated country or consortia not meeting the condition laid down in Article 22(2) of the Horizon Europe Regulation shall be eligible to participate in indirect actions funded by the Clean Aviation Joint Undertaking.
TITLE III
CLEAN HYDROGEN JOINT UNDERTAKING
Article 73
Additional objectives of the Clean Hydrogen Joint Undertaking
In addition to the objectives set out in Articles 4 and 5, the Clean Hydrogen Joint Undertaking shall have the following general objectives:
to contribute to the objectives set out in the communication from the Commission of 17 September 2020 on Stepping up Europe’s 2030 climate ambition: Investing in a climate-neutral future for the benefit of our people, the European Green Deal and the European Climate Law by raising the Union’s ambition on reducing greenhouse gas emissions to at least 55 % below 1990 levels by 2030, and climate neutrality at the latest by 2050;
to contribute to the implementation of the 2020 Commission’s Hydrogen Strategy for a climate neutral Europe;
to strengthen the competitiveness of the Union clean hydrogen value chain, with a view to supporting, in particular for SMEs, the acceleration of the market entry of innovative competitive clean solutions;
to stimulate research and innovation on clean hydrogen production, distribution, storage and end use applications.
The Clean Hydrogen Joint Undertaking shall also have the following specific objectives:
improve through research and innovation, including activities related to lower TRLs, the cost-effectiveness, efficiency, reliability, quantity and quality of clean hydrogen solutions, including production, distribution, storage and end uses developed in the Union;
strengthen the knowledge and capacity of scientific and industrial actors along the Union’s hydrogen value chain while supporting the uptake of industry-related skills;
carry out demonstrations of clean hydrogen solutions with a view to local, regional and Union-wide deployment, aiming to involve stakeholders in all Member States and addressing renewable production, distribution, storage and use for transport and energy-intensive industries as well as other applications;
increase public and private awareness, acceptance and uptake of clean hydrogen solutions, in particular through cooperation with other European partnerships under Horizon Europe.
Article 74
Additional tasks of the Clean Hydrogen Joint Undertaking
In addition to the tasks set out in Article 5, the Clean Hydrogen Joint Undertaking shall carry out the following tasks:
assess and monitor technological progress and technological, economic and societal barriers to market entry, including in emerging hydrogen markets;
notwithstanding the Commission’s policy prerogatives, under the Commission’s policy guidance and supervision, contribute to the development of regulations and standards with the view to eliminating barriers to market entry and to supporting interchangeability, inter-operability and trade across the internal market and globally;
support the Commission, including through technical expertise, in its international initiatives on the hydrogen strategy, such as the International Partnership on the Hydrogen Economy (IPHE), Mission Innovation and the Clean Energy Ministerial Hydrogen Initiative.
Article 75
Members
The members of the Clean Hydrogen Joint Undertaking shall be:
the Union, represented by the Commission;
the Hydrogen Europe AISBL, a non-profit organisation registered under Belgian Law (the ‘Industry Grouping’), upon notification of its decision to accede to the Clean Hydrogen Joint Undertaking by means of a letter of commitment, which shall not contain conditions regarding its accession other than those set out in this Regulation;
the Hydrogen Europe Research AISBL, a non-profit organisation registered under Belgian Law (the ‘Research Grouping’), upon notification of its decision to accede to the Clean Hydrogen Joint Undertaking by means of a letter of commitment, which shall not contain conditions regarding its accession other than those set out in this Regulation.
Article 76
Union financial contribution
The Union financial contribution to the Clean Hydrogen Joint Undertaking, including EEA appropriations, to cover administrative and operational costs shall be up to EUR 1 000 000 000 , including up to EUR 30 193 000 for administrative costs.
Article 77
Contributions from members other than the Union
The members of the Clean Hydrogen Joint Undertaking other than the Union shall make or arrange for their constituent or affiliated entities to make a total contribution of at least EUR 1 000 000 000 , including up to EUR 30 193 000 for administrative costs, over the period set out in Article 3.
Article 78
Scope of additional activities
For the purpose of Article 11(1), point (b), additional activities may include activities directly linked to the activities of the Clean Hydrogen Joint Undertaking and contributing to its objectives, including the following:
pre-commercial trials and field tests;
proof of concept;
improvement of existing production lines for up-scaling;
large scale case studies;
awareness-raising activities on hydrogen technologies and safety measures;
uptake of results from projects into products, further exploitation and activities within the research chain either at higher TRLs or in parallel strands of activity;
the research and innovation activities of projects with a clear link to the Strategic Research and Innovation Agenda, and co-funded under national or regional programmes within the Union.
Article 79
Bodies of the Clean Hydrogen Joint Undertaking
The bodies of the Clean Hydrogen Joint Undertaking shall be the following:
the Governing Board;
the Executive Director;
the states’ representatives group; and
the stakeholders group.
Article 80
Composition of the Governing Board
The Governing Board shall be composed of the following:
representatives of the Commission on behalf of the Union;
six representatives of the Industry Grouping, having regard to geographical, gender, company size and sector representation;
one representative of the Research Grouping.
Article 81
Functioning of the Governing Board
Article 82
Additional tasks of the Governing Board
In addition to the tasks set out in Article 17, the Governing Board of the Clean Hydrogen Joint Undertaking shall carry out the following tasks:
foster synergies with relevant activities and programmes at Union, national or regional level, in particular with those supporting the deployment of research and innovation solutions, infrastructure, education and regional development on the use of clean hydrogen;
provide pursuant to Article 5(2), point (b), and Article 17(n) strategic orientation as regards the collaboration with other European partnerships, including the partnerships towards zero emission road transport, zero emission waterborne, Europe’s rail, clean aviation, processes for the planet and clean steel in accordance with their respective Strategic Research and Innovation Agendas or other equivalent document;
encourage market uptake of technologies and solutions for achieving the European Green Deal’s objectives;
ensure that independent opinions and advice of the wider scientific community on the Strategic Research and Innovation Agenda, work programmes and developments in adjacent sectors are gathered through an independent scientific advisory workshop as part of the European Clean Hydrogen partnership forum.
Article 83
Additional tasks of the Executive Director
In addition to the tasks set out in Article 19, the Executive Director of the Clean Hydrogen Joint Undertaking shall carry out the following tasks:
propose and implement activities that boost synergies with relevant activities and programmes at Union, national or regional level;
support and contribute to other Union initiatives related to hydrogen, subject to approval by the Governing Board;
convene, subject to approval by the Governing Board, an annual European Clean Hydrogen partnership forum, including the independent scientific advisory workshop referred to in Article 82(d); the partnership forum, where possible, shall be held jointly and in parallel with the European Hydrogen Forum of the Clean Hydrogen Alliance.
Article 84
The stakeholders group
In addition to the tasks set out in Article 22, the stakeholders group shall have the following tasks:
provide input on the strategic and the technological priorities to be addressed by the Clean Hydrogen Joint Undertaking as laid down in the Strategic Research and Innovation Agenda or any other equivalent document and associated detailed technological roadmaps, taking due account of the progress and needs in adjacent sectors;
provide suggestions to enable concrete synergies to take place between the Clean Hydrogen Joint Undertaking and the adjacent sectors or any sector with which synergies are deemed of added value;
provide input to the European Clean Hydrogen partnership forum and to the European Hydrogen Forum of the Clean Hydrogen Alliance.
TITLE IV
EUROPE’S RAIL JOINT UNDERTAKING
Article 85
Additional objectives of the Europe’s Rail Joint Undertaking
In addition to the objectives set out in Articles 4 and 5, the Europe’s Rail Joint Undertaking shall have the following general objectives:
contribute towards the achievement of the Single European Railway Area;
ensure a fast transition to more attractive, user-friendly, competitive, affordable, easy to maintain, efficient and sustainable European rail system, integrated into the wider mobility system;
support the development of a strong and globally competitive European rail industry.
In addition to the objectives set out in paragraph 1, the Europe’s Rail Joint Undertaking shall have the following specific objectives:
facilitate research and innovation activities to deliver an integrated European railway network by design, eliminating barriers to interoperability and providing solutions for full integration, covering traffic management, vehicles, infrastructure also including integration with national gauges, such as 1 520 , 1 000 or 1 668 mm railway, and services, and providing the best answer to the needs of passengers and businesses, accelerating uptake of innovative solutions to support the Single European Railway Area, while increasing capacity and reliability and decreasing costs of railway transport;
deliver a sustainable and resilient rail system by developing a zero-emission, silent rail system and climate resilient infrastructure, applying circular economy to the rail sector, piloting the use of innovative processes, technologies, designs and materials in the full life-cycle of rail systems and developing other innovative solutions to guided surface transport;
develop through its System Pillar a unified operational concept and a functional, safe and secure system architecture, with due consideration of cyber-security aspects, focused on the European railway network to which Directive (EU) 2016/797 of the European Parliament and of the Council ( 11 ) applies, for integrated European rail traffic management, command, control and signalling systems, including automated train operation which shall ensure that research and innovation is targeted on commonly agreed and shared customer requirements and operational needs and is open to evolution;
facilitate research and innovation activities related to rail freight and intermodal transport services to deliver a competitive green rail freight fully integrated into the logistic value chain, with automation and digitalisation of freight rail at the core;
develop demonstration projects in interested Member States;
contribute to the development of a strong and globally competitive European rail industry;
enable, promote and exploit synergies with other Union policies, programmes, initiatives, instruments or funds in order to maximise its impact and added value.
Article 86
Additional tasks of the Europe’s Rail Joint Undertaking
The Master Plan shall constitute the Europe’s Rail Joint Undertaking’s Strategic Research and Innovation Agenda within the meaning of Article 2, point (12). It shall provide guidance for the Europe’s Rail Joint Undertaking’s more specific tasks, namely:
develop in its System Pillar a system view that reflects the needs of the rail manufacturing industry, the rail operating community, Member States and other rail private and public stakeholders, including bodies representing customers, such as passengers and freight and staff, as well as relevant actors outside the traditional rail sector. The ‘system view’ shall encompass:
the development of the operational concept and system architecture, including the definition of the services, functional blocks, and interfaces which form the basis of rail system operations;
the development of associated specifications including interfaces, functional requirement specifications and system requirement specifications to feed into Technical Specifications for Interoperability (TSI) established pursuant to Directive (EU) 2016/797 or standardisation processes to lead to higher levels of digitalisation and automation;
ensuring the system is maintained, error-corrected and able to adapt over time and ensure migration considerations from current architectures;
ensuring that the necessary interfaces with other modes, as well as with metro and trams or light rail systems, are assessed and demonstrated, in particular for freight and passenger flows;
facilitate the research and innovation activities necessary to achieve the objectives of the Europe’s Rail Joint Undertaking, including low TRLs rail-focused research and innovation activities. In that respect, the Europe’s Rail Joint Undertaking shall:
define and organise the research, innovation, demonstration, validation and study activities to be carried out under its authority, while avoiding fragmentation of such activities;
exploit standardisation and modularity opportunities, and facilitate the interfaces with other modes and systems;
develop demonstration projects;
develop close cooperation and ensure coordination with related European, national and international research and innovation activities in the rail sector and beyond as necessary, in particular under Horizon Europe, thereby enabling the Europe’s Rail Joint Undertaking to play a major role in rail-related research and innovation while also benefiting from scientific and technological advances reached in other sectors;
ensure, through the cooperation referred to in point (iv), the translation of research into effective development effort and development of pioneering innovations and ultimately into market focused innovation through demonstration and deployment;
perform any tasks necessary to achieve the objectives set out in Articles 4 and 85.
Article 87
Members
The members of the Europe’s Rail Joint Undertaking shall be:
the Union, represented by the Commission;
the founding members listed in Annex II, upon notification of their decision to accede to the Joint Undertaking by means of a letter of commitment, which shall not contain conditions regarding their accession other than those set out in this Regulation;
the associated members to be selected in accordance with Article 7. The list of the associated members shall be endorsed by the Commission.
Article 88
Union financial contribution
The Union financial contribution to the Europe’s Rail Joint Undertaking, including EEA appropriations, to cover administrative costs and operational costs shall be up to EUR 600 000 000 , including at least EUR 50 000 000 for the System Pillar and up to EUR 24 000 000 for administrative costs.
Article 89
Contributions from members other than the Union
The members of the Europe’s Rail Joint Undertaking other than the Union shall make or arrange for their constituent or affiliated entities to make a total contribution of at least EUR 600 000 000 , including up to EUR 24 000 000 for administrative costs, over the period set out in Article 3.
Article 90
Scope of additional activities
For the purposes of Article 11(1), point (b), additional activities may include:
activities covered under the indirect actions of the Europe’s Rail Joint Undertaking but not funded under such indirect actions;
activities directly linked to the Europe’s Rail Joint Undertaking work programme;
research and innovation activities building on activities funded by the Europe’s Rail Joint Undertaking or Shift2Rail Joint Undertaking;
complementary research and innovation activities funded by the members other than the Union, having a clear Union added value and contributing to achieving the objectives of the Europe’s Rail Joint Undertaking;
activities funded by the members other than the Union in projects funded by national programmes or by regional programmes which complement activities funded by the Europe’s Rail Joint Undertaking;
uptake of results of activities funded under the Shift2Rail and Europe’s Rail Joint Undertakings, further exploitation, demonstration activities, standardisation and development of recommendations for seamless transition strategies, migration paths and updates of TSI, and European authorisation and certification activities not linked to wider deployment.
Article 91
Bodies of the Europe’s Rail Joint Undertaking
The bodies of the Europe’s Rail Joint Undertaking shall be:
the Governing Board;
the Executive Director;
the states’ representatives group;
the System Pillar steering group;
the Deployment Group.
Article 92
Composition of the Governing Board
The Governing Board shall be composed as follows:
two representatives from the Commission on behalf of the Union;
one representative from each of the members other than the Union.
Article 93
Functioning of the Governing Board
Article 94
Additional tasks of the Governing Board
In addition to the tasks set out in Article 17, the Governing Board of the Europe’s Rail Joint Undertaking shall carry out the following tasks:
adopt the Master Plan and any proposal for its modification;
adopt the work programmes, including the budget and implementation plan, of the System Pillar and their amendments based on recommendations made by the System Pillar steering group and on the proposals of the Executive Director.
Article 95
The states’ representatives group
In addition to Article 20, the Member States shall ensure that their respective representatives present a coordinated position that reflects their Member State’s views expressed in:
the committee established by Article 51 of Directive (EU) 2016/797;
the Programme Committee under Horizon Europe configuration ‘Climate, Energy and Mobility’;
the Single European Rail Area Committee, established by Article 62 of Directive 2012/34/EU of the European Parliament and of the Council ( 12 ).
Article 96
The System Pillar steering group
The System Pillar steering group shall be responsible for providing advice to the Executive Director and Governing Board on any of the following:
the approach to operational harmonisation and the development of system architecture, including on the relevant part of the Master Plan;
delivering on the specific objective set out in Article 85(2), point (c);
carrying out the task set out in Article 86(5), point (a);
the detailed annual implementation plan for the System Pillar in line with the work programmes adopted by the Governing Board in accordance with Article 94, point (b);
monitoring the progress of the System Pillar.
Article 97
The Deployment Group
Article 98
Collaboration with the European Union Agency for Railways
The Europe’s Rail Joint Undertaking shall ensure a close collaboration with the European Union Agency for Railways, in particular with regard to the implementation of the Master Plan. Pursuant to Article 40 of Regulation (EU) 2016/796 of the European Parliament and of the Council ( 13 ), that collaboration shall consist of the following advisory tasks:
input on research needs relating to the realisation of the Single European Railway Area for consideration by the Europe’s Rail Joint Undertaking in the Master Plan and its amendments as well as in the work programmes;
feedback and advice on interoperability and safety to be considered in the research innovation activities and, more specifically, in the context of project activities and results for the objectives identified in Article 86(5), point (a);
support to the Europe’s Rail Joint Undertaking in identifying needs for any additional specific validation or studies to be performed by it, including via the involvement of national safety authorities;
provide advice as regards the System Pillar;
ensure that the development of specifications including interfaces, functional requirement specifications, and system requirement specifications takes into consideration the experience and feedback on TSI or standards.
TITLE V
GLOBAL HEALTH EDCTP3 JOINT UNDERTAKING
Article 99
Additional objectives of the Global Health EDCPT3 Joint Undertaking
In addition to the objectives set out in Articles 4 and 5, the Global Health EDCTP3 Joint Undertaking shall have the following general objectives:
to contribute to the reduction of the socioeconomic burden of infectious diseases in sub-Saharan Africa by promoting the development and uptake of new or improved health technologies;
to contribute to the increase of health security in sub-Saharan Africa and globally by strengthening the research- and innovation-based capacities for preparedness and response to control infectious diseases.
The Global Health EDCTP3 Joint Undertaking shall also have the following specific objectives:
to advance the development and use of new or improved health technologies for tackling infectious diseases by supporting the conduct of the clinical trials, in sub-Saharan Africa;
to strengthen research and innovation capacity and the national health research systems in sub-Saharan Africa for tackling infectious diseases;
to facilitate better alignment of Member States, associated countries and sub-Saharan countries around a common Strategic Research and Innovation Agenda in the field of global health to increase the cost-effectiveness of European public investment;
to strengthen capacity in sub-Saharan Africa for epidemic preparedness through effective and rapid research response to develop essential diagnostics, vaccines and therapeutics for early detection and control of emerging diseases of epidemic potential;
to promote productive and sustainable networking and partnerships in the area of global health research building North–South and South–South relationships with multiple private and public-sector organisations.
Article 100
Additional tasks of the Global Health EDCTP3 Joint Undertaking
In addition to the tasks set out in Article 5, the Global Health EDCTP3 Joint Undertaking shall carry out the following tasks:
fostering productive relationships between European and African individuals, groups and institutions;
raising awareness of common interests and shared goals between institutions and research groups to facilitate and strengthen project and institutional collaborations;
contributing to facilitating alignment of global health strategies of European and African funders, institutions and authorities;
attracting additional investment involving partners from the private, public, and charitable sectors;
promoting synergies, collaboration and joint actions with the Neighbourhood, Development and International Cooperation Instrument established by Regulation (EU) 2021/947 of the European Parliament and of the Council ( 14 ), in particular for capacity building and sharing facilities and infrastructures.
Article 101
Members
The members of the Global Health EDCTP3 Joint Undertaking shall be:
the Union, represented by the Commission;
the EDCTP Association, a non-profit organisation registered under Dutch law, upon notification of its decision to accede to the Global Health EDCTP3 joint undertaking by means of a letter of commitment, which shall not contain conditions regarding its accession other than those set out in this Regulation.
Article 102
Union financial contribution
The Union financial contribution to the Global Health EDCTP3 Joint Undertaking, including EEA appropriations, to cover administrative costs and operational costs shall be up to EUR 800 000 000 , including up to EUR 59 756 000 for administrative costs, and shall consist of the following:
up to EUR 400 000 000 provided that the contribution of members other than the Union, or its constituent or affiliated entities, is at least equal to this amount;
up to EUR 400 000 000 provided that the contributions from contributing partners, or from their constituent or affiliated entities, are at least equal to this amount.
In the event that the condition under point (b) is not met, the amount under point (a) shall be increased by up to EUR 400 000 000 , provided that the total amount by which it is increased shall be at least matched by the contribution of members other than the Union, or their constituent or affiliated entities, as set out in Article 103(1).
Article 103
Contributions from members other than the Union
Article 104
Scope of additional activities
For the purpose of Article 11(1), point (b), additional activities may include activities directly linked to the activities of the Global Health EDCTP3 Joint Undertaking and contributing to its objectives, including the following:
activities of constituent or affiliated entities of the EDCTP Association aligned with similar activities from other constituent or affiliated entities of the EDCTP Association and independently managed in accordance with national funding rules;
activities implemented by sub-Saharan African governmental research organisations;
activities which promote networking and partnerships building relationships with multiple private and public-sector organisations;
support for the development of research infrastructures such as clinical trial networks or cohorts related to the scope of the Global Health EDCTP3 Joint Undertaking, and support for strengthening health systems’ preparedness for carrying out research activities within the scope of the Global Health EDCTP3 Joint Undertaking.
Article 105
Bodies of the Global Health EDCTP3 Joint Undertaking
The bodies of the Global Health EDCTP3 Joint Undertaking shall be:
the Governing Board;
the Executive Director;
the Scientific Committee;
the stakeholders group.
Article 106
Composition of the Governing Board
The Governing Board shall be composed of the following:
six representatives of the Commission on behalf of the Union;
six representatives of the EDCTP Association.
Article 107
Functioning of the Governing Board
The EDCTP Association shall hold 50 % of the voting rights.
Article 108
The Scientific Committee
In addition to the tasks listed in Article 21, the Scientific Committee shall perform the following tasks:
assist in the design of the strategic and scientific planning of the activities of the Global Health EDCTP3 Joint Undertaking;
advise on strategies to foster synergies and partnerships with all stakeholders;
contribute to the preparation of strategic and scientific documents relevant to the Global Health EDCTP3 Joint Undertaking, as required;
provide strategic and scientific advice to the Global Health EDCTP3 Joint Undertaking and ensure the successful completion of on-going projects;
identify strategic needs and priorities for accelerating the development of new or improved clinical interventions, including the required training, networking and capacity building to be undertaken to achieve those objectives;
review the landscape of poverty-related and neglected diseases to identify the Global Health EDCTP3 Joint Undertaking’s role in partnership with other stakeholders to accelerate the development or improvement of interventions against those diseases;
assess the state of global product development pathways and the critical path opportunities for future product development;
provide advice on the review of any calls for proposals and other programmes;
provide support and input on the monitoring and evaluation framework of the Global Health EDCTP3 Joint Undertaking, as well as in the monitoring of scientific outcomes and strategic impacts of the grants funded by the Global Health EDCTP3 Joint Undertaking;
advise, assist and participate in Global Health EDCTP3 Joint Undertaking working groups, stakeholder meetings, EDCTP Forum and other relevant events.
Article 109
The stakeholders group
In addition to the tasks set out in Article 22, the Stakeholders’ Group shall also perform the following tasks:
provide input on the scientific, strategic and the technological priorities to be addressed by the Global Health EDCTP3 Joint Undertaking as laid down in the Strategic Research and Innovation Agenda or any other equivalent document taking account the progress and needs of the Global Health and adjacent sectors;
provide suggestions to enable concrete synergies to take place between the Global Health EDCTP3 Joint Undertaking and the adjacent sectors or any sector with which synergies will be deemed of added value;
provide input to the EDCTP Forum.
Article 110
Eligibility for funding
Article 111
Identified participants
The participation of entities identified by the Global Health EDCTP3 Joint Undertaking may be an eligibility criterion in the call for proposals. It shall be duly justified in the work programme which may also provide that such identified participants shall not be eligible for funding from the Global Health EDCTP3 Joint Undertaking under the selected indirect actions.
Article 112
Ethical principles
The clinical trials and implementation research conducted under the Global Health EDCTP3 Joint Undertaking shall be implemented in compliance with fundamental ethical principles, recognised international regulatory standards and good participatory practices.
Article 113
Collaboration with the European Medicines Agency and European Centre for Disease Prevention and Control
The Global Health EDCTP3 Joint Undertaking shall ensure a close collaboration with the European Medicines Agency and European Centre for Disease Prevention and Control, as well as with relevant African agencies and organisations.
Article 114
Affordable access
Participants to indirect actions funded by the Global Health EDCTP3 Joint Undertaking shall ensure that the products and services that they develop based or partly based on the results of clinical studies undertaken as part of an indirect action are affordable, available and accessible to the public at fair and reasonable conditions. For that purpose, where relevant, the work programme shall specify additional exploitation obligations applicable to specific indirect actions.
TITLE VI
INNOVATIVE HEALTH INITIATIVE JOINT UNDERTAKING
Article 115
Additional objectives of the Innovative Health Joint Undertaking
In addition to the objectives set out in Articles 4 and 5, the Innovative Health Initiative Joint Undertaking shall reach the following general objectives by 2030:
contribute towards the creation of a Union-wide health research and innovation ecosystem that facilitates translation of scientific knowledge into innovations, in particular by launching at least 30 large-scale cross-sectoral projects, focusing on health innovations;
foster the development of safe, effective, people-centred and cost-effective innovations that respond to strategic unmet public health needs, by exhibiting, in at least five examples, the feasibility of integrating health care products or services, with demonstrated suitability for uptake by health care systems. The related projects should address the prevention, diagnosis, treatment or management of diseases affecting the Union population, including contribution to Europe’s Beating Cancer Plan;
drive cross-sectoral health innovation for a globally competitive European health industry, and contribute to reaching the objectives of the new Industrial Strategy for Europe and the Pharmaceutical Strategy for Europe.
The Innovative Health Initiative Joint Undertaking shall also have the following specific objectives:
contribute towards a better understanding of the determinants of health and priority disease areas;
integrate fragmented health research and innovation efforts bringing together health industry sectors and other stakeholders, focusing on unmet public health needs, to enable the development of tools, data, platforms, technologies and processes for improved prediction, prevention, interception, diagnosis, treatment and management of diseases, meeting the needs of end-users;
demonstrate the feasibility of people-centred integrated health care solutions;
exploit the full potential of digitalisation and data exchange in health care;
enable the development of new and improved methodologies and models for a comprehensive assessment of the added value of innovative and integrated health care solutions.
Article 116
Additional tasks of the Innovative Health Initiative Joint Undertaking
In addition to the tasks set out in Article 5, the Innovative Health Initiative Joint Undertaking shall carry out the following tasks:
foster close and long-term cooperation between the Union, other members, contributing partners, and other stakeholders involved in health care such as other relevant industries, health care authorities (such as regulatory bodies, health technology assessment bodies and payers), patient organisations, health care professionals and providers, as well as academia;
effectively support pre-competitive health research and innovation, especially actions that bring together entities of several health care industry sectors to work jointly on areas of unmet public health need;
ensure that all stakeholders have the possibility of proposing areas for future calls for proposals;
regularly review and make any necessary adjustments to the Strategic Research and Innovation Agenda of the Innovative Health Initiative Joint Undertaking in light of scientific developments occurring during its implementation or emerging public health needs;
publish information on the projects, including participating entities and the amount of the financial contribution of the Innovative Health Initiative Joint Undertaking and committed in-kind contributions per participant;
organise regular communication, including at least one annual meeting with interest groups and with its stakeholders to ensure openness and transparency of the research and innovation activities of the Innovative Health Initiative Joint Undertaking;
any other task necessary to achieve the objectives referred to in Article 115.
Article 117
Members
The members of the Innovative Health Initiative Joint Undertaking shall be:
the Union, represented by the Commission;
the European Coordination Committee of the Radiological, Electromedical and healthcare IT Industry (COCIR) registered under Belgian law, the European Federation of Pharmaceutical Industries and Associations, including its subgroup Vaccines Europe, registered under Luxemburgish law, EuropaBio registered under Belgian law and MedTech Europe registered under Belgian law, upon notification of their respective decisions to accede to the Innovative Health Joint Undertaking by means of a letter of commitment, which shall not contain conditions regarding their accession other than those set out in this Regulation;
the associated members to be selected in accordance with Article 7.
Article 118
Union financial contribution
The Union financial contribution to the Innovative Health Initiative Joint Undertaking, including EEA appropriations, to cover administrative costs and operational costs shall be up to EUR 1 200 000 000 , including up to EUR 30 212 000 for administrative costs, and shall consist of the following:
up to EUR 1 000 000 000 provided that that amount is matched by the contribution of members other than the Union, or its constituent or affiliated entities;
up to EUR 200 000 000 provided that that amount is matched by the additional contributions from contributing partners, or from their constituent or affiliated entities.
Article 119
Contributions from members other than the Union
Article 120
Conditions related to additional activities
For the purpose of Article 11(1), point (b), additional activities shall be carried out in the Union or countries associated with Horizon Europe and may include:
activities contributing towards the achievement of objectives of indirect actions funded by the Innovative Health Initiative Joint Undertaking;
activities contributing towards the dissemination, sustainability or exploitation of results of indirect actions funded by the Innovative Health Initiative Joint Undertaking.
Article 121
Bodies of the Innovative Health Initiative Joint Undertaking
The bodies of the Innovative Health Initiative Joint Undertaking shall be:
the Governing Board;
the Executive Director;
the states’ representatives group;
the Science and Innovation Panel.
Article 122
Composition of the Governing Board
The Governing Board shall be composed of the following:
four representatives of the Commission on behalf of the Union;
one representative per member other than the Union.
Article 123
Functioning of the Governing Board
The members other than the Union shall collectively hold 50 % of the voting rights.
Article 124
The Science and Innovation Panel
The Science and Innovation Panel shall be composed of the following permanent panellists:
two representatives of the Commission on behalf of the Union;
four representatives of the members other than the Union;
two representatives of the states’ representatives group;
four representatives of the scientific community, appointed by the Governing Board following an open selection process in accordance with Article 21(4);
up to six other permanent panellists, appointed by the Governing Board following an open selection process in application of Article 21(4), ensuring in particular appropriate representation of stakeholders involved in health care, covering in particular the public sector, including regulatory bodies, patients and end-users in general.
Such ad hoc panellists shall be invited based on their scientific or technical expertise on the subjects to be discussed at given meetings or taking into account the need to create synergies with other research programmes.
The permanent panellists referred to in paragraph 2, points (a), (b) and (c), shall invite ad hoc panellists consensually. They shall communicate their decisions to the Governing Board, the states’ representatives group and the other permanent panellists.
In addition to Article 21(7), the Science and Innovation Panel shall provide advice to the Governing Board, at its request or on its own initiative, on scientific and technological matters related to the Innovative Health Initiative Joint Undertaking’s objectives, in particular about:
scientific priorities, including in the context of updating the Strategic Research and Innovation Agenda;
the draft work programme, including the content of calls for proposals;
the planning of additional activities of members other than the Union referred to in Article 120;
the set-up of advisory groups focused on specific scientific priorities in accordance with Article 17(2), point (x), and following an open selection process for their members in accordance with Article 21(4);
creation of synergies with other Horizon Europe activities, including other European partnerships, as well as other Union funding programmes and national funding programmes.
Article 125
Conditions applicable to indirect actions
Any legal entities participating in specific indirect actions with the identified legal entities referred to in paragraph 4 shall not be eligible for funding where:
they are for-profit legal entities with an annual turnover of EUR 500 million or more;
they are under the direct or indirect control of a legal entity described in point (a), or under the same direct or indirect control as a legal entity described in point (a);
they are directly or indirectly controlling a legal entity referred to in point (a).
TITLE VII
CHIPS JOINT UNDERTAKING
Article 126
Additional objectives of the ►M1 Chips Joint Undertaking ◄
In addition to the objectives set out in Articles 4 and 5, the ►M1 Chips Joint Undertaking ◄ shall have the following general objectives:
reinforce the Union’s strategic autonomy in electronic components and systems to support future needs of vertical industries and the economy at large. The overall target is to contribute towards doubling the value of the design and production of electronic components and systems in Europe by 2030, in line with the weight of the Union in products and services;
establish Union scientific excellence and innovation leadership in emerging components and systems technologies, including in activities related to lower TRLs; and promote the active involvement of SMEs, which, for all research and innovation activities, including those related to the Chips for Europe Initiative established by Regulation (EU) 2023/1781, shall represent at least one third of the total number of participants in indirect actions and at least 20 % of public funding should go to them;
ensure that components and systems technologies address Europe’s societal and environmental challenges. The target is to align with the Union policy on energy efficiency and contribute towards the reduction of energy consumption by 32,5 % in 2030;
achieve large-scale technological capacity building and support related research and innovation activities throughout the Union’s semiconductor value chain to enable development and deployment of cutting-edge semiconductor technologies, next-generation semiconductor technologies and cutting-edge quantum technologies and the innovation of established technologies that will reinforce advanced design, systems integration and chip production capabilities in the Union, thereby increasing the competitiveness of the Union; and contribute to the achievement of the green and digital transitions, in particular by reducing the climate impact of electronic systems, improving the sustainability of next-generation chips and strengthening the circular economy processes, contribute to quality jobs within the semiconductor ecosystem and address security-by-design principles, which provide protection against cybersecurity threats.
In addition to the objectives set out in paragraph 1, the ►M1 Chips Joint Undertaking ◄ shall have the following specific objectives:
support research and development for establishing design and production capabilities in Europe for strategic application areas;
launch a balanced portfolio of large and small projects supporting the fast transfer of technologies from the research to the industrial environment;
foster a dynamic Union-wide ecosystem based on digital value-chains with simplified access to newcomers;
support research and development for enhancing component technologies that guarantee security, trust and energy-efficiency for critical infrastructures and sectors in Europe;
foster mobilisation of national resources and ensure coordination of Union and national research and innovation programmes in the field of electronic components and systems;
establish coherence between the Strategic Research and Innovation Agenda of the ►M1 Chips Joint Undertaking ◄ and Union policies so that electronics components and systems technologies contribute efficiently;
build up advanced design capacities for integrated semiconductor technologies;
enhance existing and develop new advanced pilot lines across the Union to enable development and deployment of cutting-edge semiconductor technologies and next-generation semiconductor technologies;
build advanced technology and engineering capacities for accelerating the innovative development of cutting-edge quantum chips and associated semiconductor technologies;
establish a network of competence centres across the Union by enhancing existing or creating new facilities.
Article 127
Members
The members of the ►M1 Chips Joint Undertaking ◄ shall be:
the public authorities consisting of:
the Union, represented by the Commission;
the following participating states: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden;
the private members consisting of the following industrial associations: the AENEAS Association registered under French law; the Inside Industry Association (INSIDE) registered under Dutch law; the EPoSS e.V. Association registered under German law.
Article 128
Union financial contribution
The Union financial contribution to the Chips Joint Undertaking, including EEA appropriations, shall be up to EUR 4 175 000 000 , including up to EUR 62 287 000 for administrative costs distributed as follows:
up to EUR 2 725 000 000 from Horizon Europe;
up to EUR 1 450 000 000 from DEP.
Article 129
Contributions from members other than the Union
The contributions referred to in paragraph 1 of this Article shall consist of contributions laid down in Article 11(3). Exceptionally, by way of derogation from Article 11(3), the participating states are allowed to report financial contributions made since 8 February 2022. The underlying costs of the related activities may be considered eligible as of that date, even if they were incurred before the grant application was submitted, provided that all the following conditions are fulfilled:
the activities comply with this Regulation;
the activities contribute to the objective referred to in Article 126(2), point (h), and the related costs incurred consist of capital expenditure;
the grant applications are evaluated and selected by the Chips Joint Undertaking in accordance with Article 12(1);
the activities continue to be carried out at the moment the grant is awarded;
the participating state’s contribution linked to those costs are not taken into account for the purpose of calculating the voting rights of participating states referred to in Articles 133(2), 133(3) and 136(1);
the participating state’s contribution linked to those costs do not exceed 25 % of the total financial contribution by that participating state envisaged for the activities that contribute to the objective referred to in Article 126(2), point (h).
Article 130
Scope of additional activities
For the purpose of Article 11(1), point (b), additional activities may include:
investment aiming to industrialise the Key Digital Technologies, ECSEL, ARTEMIS and ENIAC Joint Undertakings’ projects’ results;
pilots, demonstrators, applications, deployments, industrialisation, including relevant capital expenditure, including projects under the IPCEIs on microelectronics;
related research and development activities that are not publicly funded;
activities financed by loans of the European Investment Bank and not funded under a grant by the Union;
activities to develop the ecosystem supporting the cooperation of technology users and suppliers.
Article 131
Bodies of the ►M1 Chips Joint Undertaking ◄
The bodies of the ►M1 Chips Joint Undertaking ◄ shall be:
the Governing Board;
the Executive Director;
the Public Authorities Board;
the Private Members Board.
Article 132
Composition of the Governing Board
Each member of the ►M1 Chips Joint Undertaking ◄ shall appoint its representatives and a lead delegate who shall hold the voting rights of the member in the Governing Board.
Article 133
Functioning of the Governing Board
The voting rights in the Governing Board shall be distributed as follows:
one third for the Commission;
one third for the private members collectively; and
one third for the participating states collectively.
For the first two financial years following the establishment of the ►M1 Chips Joint Undertaking ◄ , the voting rights of the participating states shall be distributed as follows:
1 % for each participating state;
the remaining percentage distributed annually among the participating states in proportion to their actual financial contributions to the ►M1 Chips Joint Undertaking ◄ or to its preceding initiative over the past two years.
Article 133a
Rules applicable to the activities funded under DEP
Article 134
Limitations on and conditions for participation in specific actions
Article 134a
Additional tasks of the Executive Director
By way of derogation from Article 19(4), point (c), the Executive Director of the Chips Joint Undertaking shall prepare the work programme for the Chips Joint Undertaking on the basis of the outline prepared by the Public Authorities Board as referred to in Article 137, point (aa), and of the Strategic Research and Innovation Agenda and submit it for adoption to the Governing Board.
Article 135
Composition of the Public Authorities Board
The Public Authorities Board shall be composed of representatives of the public authorities of the ►M1 Chips Joint Undertaking ◄ .
Each public authority shall appoint its representatives and a lead delegate who shall hold the voting rights in the Public Authorities Board.
Article 136
Functioning of the Public Authorities Board
Article 137
Tasks of the Public Authorities Board
The Public Authorities Board shall:
contribute to the drafting of the Strategic Research and Innovation Agenda;
before each work programme is prepared and taking into account the advice of the private members and, where appropriate, the advice of the European Semiconductor Board established by Article 28 of Regulation (EU) 2023/1781 and input from other relevant stakeholders, outline two specific parts of the work programme, including the corresponding expenditure estimates, the first of which shall include a subsection on capacity-building activities for operational objectives 1 to 4 and a subsection on research and innovation activities related to operational objectives 1 to 4, including conditions for access to publicly funded infrastructure, and the second of which shall be dedicated to research and innovation activities not covered under the Chips for Europe Initiative;
provide input to the draft work programme, in particular the calls for proposals, including the rules for evaluation, selection and monitoring of indirect actions;
approve the launch of calls for proposals, in accordance with the work programme;
select proposals in accordance with Article 12(1) and Article 17(2), point (u);
provide an opinion on the draft additional activities plan referred to in Article 11(1), point (b);
recommend, if necessary, that an ECIC take remedial action, such as an amendment to its statutes, where a Member State has brought the matter to the Public Authorities Board’s attention following a refusal by the ECIC to accept a new member without providing sufficient reasons for such a refusal on the basis of the fair and reasonable terms specified in its statutes.
Article 138
Composition of the Private Members Board
Article 139
Functioning of the Private Members Board
Article 140
Tasks of the Private Members Board
The Private Members Board shall:
draw up and regularly update the draft Strategic Research and Innovation Agenda for achieving the objectives of the ►M1 Chips Joint Undertaking ◄ set out in Articles 4 and 126 taking into account the input of the Public Authorities Board;
submit to the Executive Director the draft Strategic Research and Innovation Agenda within the deadlines set by the Governing Board;
organise an advisory Stakeholder Forum that is open to all public and private stakeholders having an interest in the field of key digital technologies to inform them about and collect feedback on the draft Strategic Research and Innovation Agenda for a given year;
where appropriate, and taking into account Article 130, draw up and submit for approval to the Governing Board the draft additional activities plan referred to in Article 11(1), point (b), taking into account the opinion of the Public Authorities Board.
Article 141
Funding rates and rules for participation
TITLE VIII
SINGLE EUROPEAN SKY ATM RESEARCH 3 JOINT UNDERTAKING
Article 142
Additional objectives of the Single European Sky ATM Research 3 Joint Undertaking
In addition to the objectives set out in Articles 4 and 5, the Single European Sky ATM Research 3 Joint Undertaking shall have the following general objectives:
strengthen and integrate the Union’s research and innovation capacity in the ATM sector, making it more resilient and scalable to fluctuations in traffic while enabling the seamless operation of all aircraft;
strengthen, through innovation, the competitiveness of manned and unmanned air transport in the Union, and ATM services’ markets to support economic growth in the Union;
develop and accelerate the market uptake of innovative solutions to establish the Single European Sky airspace as the most efficient and environmentally friendly sky to fly in the world.
The Single European Sky ATM Research 3 Joint Undertaking shall also have the following specific objectives:
develop a research and innovation ecosystem covering the entire ATM and U-space airspace value chains allowing to build the Digital European Sky defined in the European ATM Master plan, enabling the collaboration and coordination needed between air navigation services providers and airspace users to ensure a single harmonised Union ATM system for both manned and unmanned operations;
develop and validate ATM solutions supporting high levels of automation;
develop and validate the technical architecture of the Digital European Sky;
support an accelerated market deployment of innovative solutions through demonstrators;
coordinate the prioritisation and planning for the Union’s ATM modernisation efforts, based on a consensus-led process among the ATM stakeholders;
facilitate the development of standards for the industrialisation of SESAR solutions.
For the purpose of the Single European Sky ATM Research 3 Joint Undertaking, the following definitions apply:
‘U-space airspace’ means an unmanned airborne system (UAS) geographical zone designated by Member States, where UAS operations are only allowed to take place with the support of U-space services provided by a U-Space service provider;
‘Digital European Sky’ refers to the vision of the European ATM Master Plan, seeking to transform Europe’s aviation infrastructure enabling it to handle the future growth and diversity of air traffic safely and efficiently, while minimising environmental impact;
‘architecture of the Digital European Sky’ refers to the vision of the European ATM Master Plan, seeking to address the current inefficient airspace architecture in the medium to long term by combining airspace configuration and design with technologies to decouple service provision from local infrastructure and progressively increase the levels of collaboration and automation support;
‘SESAR definition phase’ means the phase comprising the establishment and updating of the long-term vision of the SESAR project, of the related concept of operations enabling improvements at every stage of flight, of the required essential operational changes within the European ATM Network and of the required development and deployment priorities;
‘SESAR deployment phase’ means the successive phases of industrialisation and implementation, during which the following activities are conducted: standardisation, production and certification of ground and airborne equipment and processes necessary to implement SESAR solutions (industrialisation); and procurement, installation and putting into service of equipment and systems based on SESAR solutions, including associated operational procedures (implementation).
Article 143
Additional tasks of the Single European Sky ATM Research 3 Joint Undertaking
In addition to the tasks set out in Article 5, the Single European Sky ATM Research 3 Joint Undertaking shall carry out the following tasks:
coordinate the tasks of the Single European Sky ATM Research definition phase, monitor the implementation of the SESAR project and amend, where necessary, the European ATM Master Plan;
implement the research and development aspects of the European ATM Master Plan, in particular by:
organising, coordinating and monitoring the work of the SESAR development phase in accordance with the European ATM Master Plan, including low TRLs (0 to 2) research and innovation activities;
delivering SESAR solutions, which are deployable outputs of the SESAR development phase introducing new or improved standardised and interoperable operational procedures or technologies;
ensuring the involvement of the civil and military stakeholders of the aviation sector, in particular air navigation service providers, airspace users, professional staff associations, airports, manufacturing industry and the relevant scientific institutions and scientific community;
facilitate an accelerated market uptake of SESAR solutions by:
organising and coordinating large-scale demonstrations activities;
coordinating closely with EASA in order to enable timely development by EASA of regulatory measures that fall under Regulation (EU) 2018/1139 and the relevant implementing rules;
supporting the related standardisation activities, in close cooperation with standardisation bodies and EASA, as well as with the entity established to coordinate the tasks of the SESAR deployment phase in line with Commission Implementing Regulation (EU) No 409/2013 ( 15 ).
Article 144
Members
The members of the Single European Sky ATM Research 3 Joint Undertaking shall be:
the Union, represented by the Commission;
the European Organisation for the Safety of Air Navigation (Eurocontrol), represented by its Agency, upon notification of its decision to accede to the Single European Sky ATM Research 3 Joint Undertaking by means of a letter of commitment, which shall not contain conditions regarding its accession other than those set out in this Regulation;
the founding members listed in Annex III to this Regulation, upon notification of their decision to accede to the Single European Sky ATM Research 3 Joint Undertaking by means of a letter of commitment, which shall not contain conditions regarding its accession other than those set out in this Regulation;
the associated members to be selected in accordance with Article 7.
Article 145
Union financial contribution
The Union financial contribution to the Single European Sky ATM Research 3 Joint Undertaking, including EEA appropriations, to cover administrative costs and operational costs shall be up to EUR 600 000 000 , including up to EUR 30 000 000 for administrative costs.
Article 146
Contributions from members other than the Union
Article 147
Scope of additional activities
For the purposes of Article 11(1), point (b), additional activities may include:
activities covering all the non-Union funded part of the Single European Sky ATM Research projects that contribute to the achievement of the agreed work programme of the Joint Undertaking;
industrialisation activities, including standardisation, certification and production, related to SESAR Solutions from the Single European Sky ATM Research 3 Joint Undertaking or the preceding initiative, the SESAR Joint Undertaking;
communication and outreach activities related to SESAR Solutions from the Single European Sky ATM Research 3 Joint Undertaking or the preceding initiative, the SESAR Joint Undertaking;
activities ensuring the global ATM harmonisation based on SESAR Solutions from the Single European Sky ATM Research 3 Joint Undertaking or the preceding initiative, the SESAR Joint Undertaking;
deployment or uptake of results from projects under the Single European Sky ATM Research 3 Joint Undertaking or the preceding initiative, the SESAR Joint Undertaking, which have not received any Union funding.
Article 148
Bodies of the Single European Sky ATM Research 3 Joint Undertaking
The bodies of the Single European Sky ATM Research 3 Joint Undertaking shall be:
the Governing Board;
the Executive Director;
the states’ representatives group;
the Scientific Advisory Body.
Article 149
Composition of the Governing Board
The Governing Board shall be composed as follows:
two representatives of the Commission on behalf of the Union;
one representative from each of the members other than the Union.
Article 150
Functioning of the Governing Board
The Governing Board shall have the following permanent observers:
a representative of the European Defence Agency;
a representative of civil users of airspace, designated by their representative organisation at European level;
an air navigation service providers’ representative, designated by their representative organisation at European level;
an equipment manufacturers’ representative, designated by their representative organisation at European level;
an airports’ representative, designated by their representative organisation at European level;
a representative from the bodies representing staff in the ATM sector, designated by their representative organisation at European level;
a representative of the relevant scientific institutions or the relevant scientific community, designated by their representative organisation at European level:
a representative of the EASA;
a representative of the European standardisation organisation in aviation;
a representative of the unmanned aerial vehicle industry, designated by their representative organisation at European level.
Article 151
Additional tasks of the Governing Board
In addition to the tasks listed in Article 17, the Governing Board of the Single European Sky ATM Research 3 Joint Undertaking shall supervise the delivery of the research and development components identified in the European ATM Master Plan.
Article 152
Additional tasks of the Executive Director
In addition to the tasks listed in Article 19, the Executive Director of the Single European Sky ATM Research 3 Joint Undertaking shall carry out the following tasks:
direct the execution of the definition and development phases of the SESAR project within the guidelines established by the Governing Board;
submit to the Governing Board any proposal involving changes in the design of the development phase of the SESAR project.
Article 153
The states’ representatives group
In addition to Article 20, the Member States shall ensure that their respective representatives present a coordinated position that reflects their Member State’s views expressed in:
the Single Sky Committee, established by Article 5 of Regulation (EC) No 549/2004;
the Programme Committee under Article 14 of the Specific Programme implementing Horizon Europe.
Article 154
The Scientific Committee
Article 155
Implementing acts to establish the position of the Union concerning the amendment of the European ATM Master Plan
Article 156
Certification of new technologies
Article 157
Agreement with Eurocontrol
As founding member of the Single European Sky ATM Research 3 Joint Undertaking, Eurocontrol’s role and contribution shall be set out in an administrative agreement between the two parties, the Single European Sky ATM Research 3 Joint Undertaking and Eurocontrol. That agreement shall describe Eurocontrol’s tasks, responsibilities and contribution to the activities of the Single European Sky ATM Research 3 Joint Undertaking as regards the following:
organising Eurocontrol’s research, development and validation activities in accordance with the work programme of the Single European Sky ATM Research 3 Joint Undertaking;
providing specialist support and advice to the Single European Sky ATM Research 3 Joint Undertaking on its request;
supporting and advising on the common developments for the future European ATM systems, in particular related to the future airspace architecture;
supporting the monitoring of the implementation of SESAR Solutions in line with the European ATM Master Plan;
engaging with Eurocontrol Member States to secure wide support for the Union’s policy objectives and results of research, validation and demonstration activities amongst pan-European network partners;
providing support to programme management;
contributing to the administrative costs of the Single European Sky ATM Research 3 Joint Undertaking and providing information technology, communications and logistics support to the Single European Sky ATM Research 3 Joint Undertaking.
Article 158
Back office arrangements
Article 13 shall not apply to the Single European Sky ATM Research 3 Joint Undertaking. The back office arrangement shall be provided by Eurocontrol.
TITLE IX
SMART NETWORKS AND SERVICES JOINT UNDERTAKING
Article 159
Additional objectives of the Smart Networks and Services Joint Undertaking
In addition to the objectives set out in Articles 4 and 5, the Smart Networks and Services Joint Undertaking shall have the following general objectives:
foster Europe’s technological leadership in future smart networks and services by reinforcing current industrial strengths and by extending the scope from 5G connectivity to the broader strategic value chain including cloud-based service provisioning as well as components and devices;
align strategic roadmaps of a wider range of industrial players, including not only the telecommunication industry, but also actors from the internet of Things, cloud, and components and devices;
advance European technological and scientific excellence to support European leadership to shape and master 6G systems by 2030;
strengthen the deployment of digital infrastructures and uptake of digital solutions in the European markets, in particular by ensuring a strategic coordination mechanism for the CEF2 Digital programme as well as synergies within CEF2, and with DEP and InvestEU as part of the scope and governance of the Smart Networks and Services Joint Undertaking;
prepare the European smart networks and services supply industry for the longer term opportunities emerging from the development of vertical markets for 5G and later 6G infrastructures and services in Europe;
facilitate digital innovation, by 2030, meeting European market needs and public policy requirements, including the most demanding requirements of vertical industries, as well as societal requirements in fields including security, energy efficiency and electromagnetic fields;
support the alignment of future smart networks and services with Union policy objectives including European Green Deal, network and information security, ethics and privacy, as well as a human-centric and sustainable internet.
The Smart Networks and Services Joint Undertaking shall also have the following specific objectives:
facilitate the development of technologies able to meet advanced communication requirements while supporting European excellence in smart networks and services technologies and architectures and their evolution towards 6G, including strong European positions on standards, essential patents, and key requirements such as requirements for spectrum bands needed for future advanced smart network technologies;
accelerate the development of energy-efficient network technologies with the aim of significantly reducing the energy and resource consumption of the whole digital infrastructure by 2030 and decreasing the energy consumption of key verticals industries supported by smart networks and services technologies;
accelerate the development and widespread deployment of 5G by 2025 and later 6G infrastructure in Europe by, in particular, promoting the coordination and strategic support of 5G deployment for Connected and Automated Mobility along cross-border corridors, by using the CEF2 Digital programme and by promoting deployment under CEF2, DEP and InvestEU;
foster a sustainable and diverse supply and value chain in line with the 5G Cybersecurity toolbox;
strengthen the positioning of the Union’s industry in the global smart network and services value chain by creating a critical mass of public and private actors, in particular by increasing the contribution from software and internet of Things actors, leveraging national initiatives and supporting the emergence of new actors;
support alignment with ethical and security requirements, including them in the Strategic Research and Innovation Agendas and providing input to the Union’s legislative process as appropriate.
Article 160
Additional tasks of the Smart Networks and Services Joint Undertaking
In addition to the tasks set out in Article 5, the Smart Networks and Services Joint Undertaking shall carry out the following tasks:
contribute to the work programmes of other Union programmes, such as CEF2 Digital programme, DEP and InvestEU that are implementing activities in the area of smart networks and services;
coordinate Union trialling, piloting and deployment initiatives in the field of smart networks and services, such as pan-European 5G corridors for connected and automated mobility under CEF2 Digital programme, in liaison with the Commission and competent relevant funding bodies;
promote synergies among relevant Union-funded trials, pilots and deployment activities in the area of smart networks and services, such as those funded under CEF2 Digital programme, DEP and InvestEU, and ensure effective dissemination and leveraging of the knowledge and know-how gathered in the context of those activities;
develop and coordinate the strategic deployment agendas for pan-European 5G corridors for connected and automated mobility with the involvement of stakeholders. Those agendas shall provide strategic non-binding guidance covering the duration of CEF2 Digital programme by defining a common vision for the development of 5G-enabled ecosystems and the underpinning network and services requirements, and identifying deployment objectives and roadmaps as well as potential cooperation models.
Article 161
Members
The members of the Smart Networks and Services Joint Undertaking shall be:
the Union, represented by the Commission;
the 6G-IA registered under Belgian law, upon notification of its decision to accede to the Smart Networks and Services Joint Undertaking by means of a letter of commitment, which shall not contain conditions regarding its accession other than those set out in this Regulation.
Article 162
Union financial contribution
The Union financial contribution to the Smart Networks and Services Joint Undertaking, including EEA appropriations, to cover administrative costs and operational costs shall be up to EUR 900 000 000 , including up to EUR 18 519 000 for administrative costs.
Article 163
Contributions from members other than the Union
Article 164
Scope of additional activities
For the purpose of Article 11(1), point (b), additional activities may include:
spin-off research and development activities;
contributions to standardisation;
contributions to consultations in the context of Union regulatory processes;
activities financed by loans of the European Investment Bank and not funded under a grant by the Union;
contributions to activities of the members other than the Union and any other group or association of stakeholders in the area of the Smart Networks and Services Joint Undertaking, not funded under a grant by the Union;
activities to develop the ecosystem including building cooperation with verticals;
dissemination activities of results globally to achieve consensus on supported technologies as preparation of future standards;
trials, demos, pilots, go to market and early deployment of technologies;
international cooperation not funded under a grant by the Union;
activities related to the preparation of, and participation in, research and innovation projects funded by private or public bodies other than the Union.
Article 165
Bodies of the Smart Networks and Services Joint Undertaking
The bodies of the Smart Networks and Services Joint Undertaking shall be:
the Governing Board;
the Executive Director;
the states’ representatives group;
the stakeholders group.
Article 166
Composition of the Governing Board
The Governing Board shall be composed of the following:
two representatives of the Commission on behalf of the Union;
five representatives of the 6G-IA.
Article 167
Functioning of the Governing Board
The 6G-IA shall hold 50 % of the voting rights.
Article 168
Additional tasks of the Governing Board
In addition to the tasks listed in Article 17, the Governing Board of the Smart Networks and Services Joint Undertaking shall carry out the following tasks:
adopt strategic deployment agendas as non-binding contributions under CEF2 Digital programme with regard to 5G corridors and, if appropriate, amend them throughout the duration of CEF2 Digital programme;
ensure that Union cybersecurity legislation and Member States’ existing and future coordinated guidance are taken into consideration in all the activities of the Smart Network and Services Joint Undertaking;
promote synergies and complementarities between the digital, transport and energy sectors of CEF2 Digital programme through the identification of intervention areas and contribution to the work programmes, as well as synergies and complementarities with the other relevant Union programmes.
Article 169
The states’ representatives group
In addition to Article 20, the representatives shall ensure that they present a coordinated position that reflects their state’s views expressed in any of the following:
the research and innovation matters related to Horizon Europe;
the strategic deployment agenda and the deployment activities related to other Union programmes, in particular CEF2 Digital programme, but also activities under DEP and InvestEU that are in scope of the Smart Networks and Services Joint Undertaking.
Article 170
Security
PART THREE
FINAL PROVISIONS
Article 171
Monitoring and evaluation
The joint undertakings shall organise the continuous monitoring and reporting of the management and implementation of their activities and periodic reviews of the outputs, results and impacts of the funded indirect actions implemented in accordance with Article 50 of and Annex III to the Horizon Europe Regulation. That monitoring and reporting shall include:
time-bound indicators for the purpose of reporting on an annual basis on the progress of their activities towards the achievement of the general, specific and operational objectives, including joint undertakings’ additional objectives laid down in Part Two, as well as along impact pathways set out in Annex V to the Horizon Europe Regulation;
information on synergies between the joint undertaking’s actions and national or regional initiatives and policies based on information received by the participating states or the states’ representatives group as well as on synergies with other Union programmes and other European partnerships;
information on the level of mainstreaming social sciences and humanities, the ratio between lower and higher TRLs in collaborative research, the progress on widening countries’ participation, the geographical composition of consortia in collaborative projects, the use of two-stage submission and evaluation procedure, the measures that aim to facilitate collaborative links in European research and innovation, the use of the evaluation review and the number and types of complaints, the level of climate mainstreaming and related expenditures, SME participation, private sector participation, gender participation in funded actions, evaluation panels, boards and advisory groups, the co-funding rate, the complementary and cumulative funding from other Union funds, the time-to-grant, the level of international cooperation, engagement of citizens’ and civil society participation;
the levels of expenditure disaggregated at project level in order to allow for specific analysis, including per intervention area;
the level of oversubscription, in particular the number of proposals and for each call for proposals, the average score, the share of proposals above and below quality thresholds;
information on quantitative and qualitative leverage effects, including on committed and actually provided financial and in-kind contributions, visibility and positioning in the international context, impact on research and innovation related risks of private sector investments;
information on measures for attracting newcomers, in particularly SMEs, higher education institutions and research organisations, and for expanding collaborative networks.
Article 172
Support from the host state
An administrative agreement may be concluded between a joint undertaking and the Member State where its seat is located concerning privileges and immunities and other support to be provided by that Member State to the joint undertaking concerned.
Article 173
Initial actions
For the purpose of paragraph 1:
until the Executive Director takes up his or her duties following his or her appointment by the Governing Board in accordance with Article 18(2), the Commission may designate a Commission official to act as interim Executive Director and exercise the duties assigned to the Executive Director;
by derogation from Article 17(2), point (h), the interim Executive Director shall exercise the relevant appointing authority powers in respect of any staff positions that need to be filled before the Executive Director takes up his or her duties in accordance with Article 18(2);
the Commission may assign a limited number of its officials on an interim basis.
Article 174
Repeal and transitional provisions
Article 175
Entry into force
This Regulation shall enter into force on the date of 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.
ANNEX I
Founding members of the Clean Aviation Joint Undertaking
Aciturri Aeronáutica S.L.U., registered under Spanish law (registration number: BU12351), with its registered office in P.I. Bayas, calle Ayuelas, 22, 09200, Miranda de Ebro (Burgos), Spain;
Aernnova Aerospace SAU, registered under Spanish law (registration number: VI6749), with its registered office in Parque Tecnológico de Álava, C/Leonardo da Vinci num. 13, Miñano (Álava), Spain;
Airbus SAS, registered under French law (registration number: 383 474 814), with its registered office in 2 Rond-Point Emile Dewoitine, 31707 Blagnac, France;
Centro Italiano Ricerche Aerospaziali SCPA (CIRA), registered under Italian law (registration number: 128446), with its registered office in Via Maiorise 1, Capua-Caserta 81043, Italy;
Dassault Aviation SA, registered under French law (registration number: 712042456), with its registered office in 9, Rond-Point des Champs-Elysées Marcel-Dassault, 78008 Paris, France;
Deutsches Zentrum für Luft- und Raumfahrt e.V. (DLR), registered under German law (registration number: VR2780), with its registered office in Linder Höhe, 51147 Köln, Germany;
Fraunhofer-Gesellschaft zur Förderung der Angewandten Forschung e.V., registered under German law (registration number: VR4461), with its registered office in 27C, Hansastrasse, 80686 München, Germany;
Fokker Technologies Holding BV, registered under Dutch law (registration number: 50010964), with its registered office in Industrieweg 4, 3351 LB Papendrecht, The Netherlands;
GE Avio S.r.l., registered under Italian law (registration number: 1170622CF10898340012), with its registered office in Rivalta di Torino (TO), Via I Maggio no. 99, Italy;
GKN Aerospace, Sweden AB, registered under Swedish law (registration number: 5560290347), with its registered office in Flygmotorvägen 1, SE-461 81 Trollhättan, Sweden;
Honeywell International s.r.o., registered under Czech law (registration number: 27617793), with its registered office in V Parku 2325/18, 148 00 Praha 4 – Chodov, Prague, Czech Republic;
Industria de Turbo Propulsores S.A.U., registered under Spanish law (registration number: BI5062), with its registered office in Parque Tecnológico, Edificio 300, 48170 Zamudio, Spain;
Leonardo SpA, registered under Italian law (registration number: 7031), with its registered office in Piazza Monte Grappa 4, 00195 Rome, Italy;
Liebherr-Aerospace & Transportation SAS, registered under French law (registration number: 552016834), with its registered office in 408 avenue des Etats-Unis, 31016 Toulouse Cedex 2, France;
Lufthansa Technik AG, registered under German law (registration number: HRB 56865), with its registered office in Weg beim Jäger 193, 22335 Hamburg, Germany;
Łukasiewicz Research Network – Institute of Aviation, registered under Polish law (registration number: 387193275), with its registered office in Al. Krakowska 110/114, 02-256 Warsaw, Poland;
MTU Aero Engines AG, registered under German law (registration number: HRB 157206), with its registered office in Dachauer Str. 665, 80995 München, Germany;
National Institute for Aerospace Research (INCAS), registered under Romanian law (registration number: J40649215071991), with its registered office in B-dul Iuliu Maniu no. 220, sect 6, 061126 Bucharest, Romania;
Office National d’Etudes et de Recherches Aérospatiales (ONERA), registered under French law (registration number: 775722879), with its registered office in BP 80100 – 91123 Palaiseau, France;
Piaggio Aero Industries, registered under Italian law (registration number: 903062), with its registered office in Viale Generale Disegna, 1, 17038 Villanova d’Albenga, Savona, Italy;
Pipistrel Vertical Solutions d.o.o., registered under Slovenian law (registration number: 7254466000), with its registered office in Vipavska cesta 2, SI-5270 Ajdovščina, Slovenia;
Rolls-Royce Deutschland Ltd & Co KG, registered under German law (registration number: HRA 2731P), with its registered office in Eschenweg 11, Dahlewitz, 15827 Blankenfelde-Mahlow, Germany;
Safran, registered under French law (registration number: 562 082 909), with its registered office in 2, Bvd. du General Martial-Valin, 75015 Paris, France;
Stichting Nationaal Lucht- en Ruimtevaartlaboratorium, registered under Dutch law (registration number: 41150373), with its registered office in Anthony Fokkerweg 2, 1059 CM Amsterdam, The Netherlands;
Thales AVS France SAS, registered under French law (registration number: 612039495), with its registered office in 75-77 Avenue Marcel Dassault, 33700 Mérignac, France;
United Technologies Research Centre Ireland, Ltd, registered under Irish law (registration number: 472601), with its registered office in Fourth Floor, Penrose Business Centre, Penrose Wharf, Cork T23 XN53, Ireland;
University of Patras, registered under Greek law (registration number: EL998219694 (VAT)), with its registered office in University Campus, 26504 Rio Achaia, Greece.
ANNEX II
Founding members of the Europe’s Rail Joint Undertaking
Administrador de Infraestructuras Ferroviarias (ADIF), Entidad Pública Empresarial, a public corporate company registered under Spanish law (registration number: Q2801660H), with its registered office at Calle Sor Ángela de la Cruz, 3, 28020 Madrid, Spain;
Alstom Transport SA, registered under French law (registration number 389 191 982), with its registered office in 48, rue Albert Dhalenne, 93482 Saint-Ouen, France;
ANGELRAIL consortium led by MER MEC S.p.A., registered under Italian law (registration number: 05033050963), with its registered office in Monopoli (BA) 70043 Via Oberdan, 70 Italy;
AŽD Praha s.r.o., registered under Czech law (registration number: 48029483), with its registered office in Žirovnická 3146/2, Záběhlice, 106 00, Praha 10, Czech Republic;
Construcciones y Auxiliar de Ferrocarriles, S.A. (CAF), registered under Spanish law (registration number: Volume 983, Folio 144, Sheet number SS-329, entry 239a), with its registered office in calle José Miguel Iturrioz no 26, 20200, Beasain (Gipuzkoa), Spain;
Asociación Centro Tecnológico CEIT, registered under Spanish law (registration number: 28/1986 Registry of Associations of the government of the autonomous community of the Basque Country), with its registered office in Paseo Manuel Lardizabal, no 15. Donostia-San Sebastián, Spain;
České dráhy, a.s., registered under Czech law (registration number: 70994226, entered in the Commercial Register kept by the Municipal Court in Prague, section B, insert 8039), with its registered office in Prague 1, Nábřeží L. Svobody 1222, postal code 110 15, Czech Republic;
Deutsche Bahn AG, Germany;
Deutsches Zentrum für Luft- und Raumfahrt e.V. (DLR), registered under German law (registration number: VR 2780 at Amtsgericht Bonn), with its registered office in Linder Höhe, 51147 Cologne, Germany;
European Smart Green Rail Joint Venture (eSGR JV), represented by Centro de Estudios de Materiales y Control de Obra S.A (CEMOSA), registered under Spanish law (registration number: A-29021334), with its registered office in Benaque 9, 29004 Málaga, Spain;
Faiveley Transport SAS, registered under French law (registration number 323 288 563 RCS Nanterre), with its registered office in 3, rue du 19 mars 1962, 92230 Gennevilliers, France;
Ferrovie dello Stato Italiane S.p.A. (FSI), registered under Italian law (registration number: R.E.A. 962805), with its registered office in piazza della Croce Rossa 1 – 00161 Roma, Italy;
Hitachi Rail STS S.p.A., registered under Italian law, registration number R.E.A. GE421689, with its registered office in Genova, Italy;
INDRA SISTEMAS S.A & PATENTES TALGO S.L.U.
INDRA SISTEMAS S.A., registered under Spanish law (registration number: A-28599033), with its registered office in Avenida de Bruselas no 35, 28108 Alcobendas, Madrid, Spain;
PATENTES TALGO S.L.U., registered under Spanish law (registration number: B-84528553), with registered office in Paseo del tren Talgo, no 2, 28290 Las Rozas de Madrid, Madrid, Spain;
Jernbanedirektorate (Norwegian Rail Directorate), Oslo, Norway;
Knorr-Bremse Systems für Schienenfahrzeuge GmbH, registered under German law (registration number: HRB91181), with its registered office in Moosacher Str. 80, 80809 München, Germany;
Österreichische Bundesbahnen-Holding Aktiengesellschaft (ÖBB-Holding AG), registered under Austrian law (registration number: FN 247642f), with its registered office in Am Hauptbahnhof 2, 1100 Vienna, Austria;
Polskie Koleje Państwowe Spółka Akcyjna (PKP), registered under Polish law (registration number: 0000019193), with its registered office Al. Jerozolimskie 142A, 02-305 Warszawa, Poland;
ProRail B.V. & NS Groep N.V.
ProRail B.V., registered under Dutch law (registration number: 30124359), with its registered office in Utrecht (PIC-nr.: 998208668), The Netherlands;
NS Groep N.V., registered under Dutch law (registration number: 30124358), with its registered office in Utrecht (PIC-nr.: 892354217), The Netherlands;
Siemens Mobility GmbH, registered under German law (registration number HRB 237219), with its registered office in Otto-Hahn-Ring 6, Munich, Germany;
Société nationale SNCF, société anonyme, registered under French law (registration number: 552 049 447), with its registered office in 2 Place aux Étoiles, 93200 Saint-Denis, France;
Strukton Rail Nederland B.V., registered under Dutch law (registration number: 30139439 Chamber of commerce Utrecht), The Netherlands;
THALES SIX GTS France SAS, registered under French law (registration number: 383 470 937), with its registered office in 4 Avenue des Louvresses – 92230 Gennevilliers, France;
Trafikverket, a Public Sector Body, registered under Swedish law (registration number: 202100-6297), with its registered office in 781 89 Borlänge, Sweden;
voestalpine Railway Systems GmbH, registered under Austrian law (registration number: FN 126714w), with its registered office in Kerpelystrasse 199, 8700 Leoben, Austria.
ANNEX III
Founding members of the Single European Sky Research 3 Joint Undertaking
Aeroporti di Roma SpA, a company incorporated under Italian law, subject to the management and coordination of Atlantia SpA, with registered office at Via Pier Paolo Racchetti 1, Fiumicino (Rome), Italy, Tax Code and Rome Business and Trade Registry number 13032990155;
AENA Sociedad Mercantil Estatal, Sociedad Anónima (AENA S.M.E.S.A), registered under Spanish law (official registration C.I.F Tax identification certificate.: A-86212420), with its legal address at Calle Peonías 12, 28042, Madrid, Spain. Telephone number +34 913 211 000;
AEROPORTS DE PARIS, Société Anonyme, registered under French law (official registration RCS Bobigny B 552 016 628), with its registered office in 1 rue de France, 93290 Tremblay-en-France, France;
Société Air France SA, registered under French law, 420 495 178 RCS Bobigny, 45 rue de Paris, 95747 Roissy-CDG, France, FR 61 420 495 178;
Air Navigation Services of the Czech Republic (ANS CR), state enterprise, established and organised under the laws of the Czech Republic, with its registered office at Navigační 787, 252 61 Jeneč, Czech Republic, Company Identification Number: 497 10 371, VAT Identification Number: CZ699004742, registered in the Commercial Register administered by the Municipal Court in Prague, under Section A, Insert 10771;
Airbus SAS, registered under French law (registration number: 383 474 814 R.C.S. Toulouse), with its registered office in 2 Rond Point Émile Dewoitine, 31700 Blagnac, France;
Airtel ATN Limited, registered under Irish law (registration number: 287698), with its registered office in 2 Harbour Square, Crofton Road, Dun Laoghaire, County Dublin, A96 D6RO, Ireland;
Alliance for New Mobility Europe (AME), a non-profit organisation (‘Association sans but lucratif / Vereniging zonder winstoogmerk’), registered under Belgian law with registration number 0774.408.606, with its registered office in 227, rue de la Loi, 1000 Brussels, Belgium;
Athens International Airport S.A, registered under Greek Law (official registration: General Electronic Commercial Registry under G.E.MI. number 2229601000), with its registered premises at Spata Attica, Greece, postal code 19019;
Austro Control Österreichische Gesellschaft für Zivilluftfahrt mit beschränkter Haftung, a company with limited liability, registered under the Laws of Austria (registration number 71000m), with its registered office at Wagramer Strasse 19, A-1220 Vienna, Austria;
Brussels Airport Company NV/SA, a limited liability company incorporated and existing under the laws of Belgium, registered with the Crossroads Bank of Enterprises under number 0890.082.292 and with its registered offices in Auguste Reyerslaan 80, 1030 Brussels, Belgium;
Boeing Aerospace Spain, SL, registered under Spanish law, VAT number: B-83053835, with its registered office in Avenida Sur del Aeropuerto de Barajas 38, Madrid, 28042, Spain;
State enterprise “Air traffic services authority” (BULATSA), state enterprise, registered under Bulgarian law (registration number 000697179), with its registered office in Bulgaria, 1 Brussels blvd, 1540 Sofia;
Centro Italiano Ricerche Aerospaziali C.I.R.A. SCpA, registered under Italian law (registration number: CE-128446), with its registered office in Via Maiorise snc – 81043 Capua (CE) – Italy;
Croatia Control Ltd, (CCL), registered under the Laws of Croatia (registration number 080328617), with its registered office at Rudolfa Fizira 2, Velika Gorica, Croatia;
Deutsche Lufthansa AG; registered under German law, District Court of Cologne HRB 2168, Venloer Str. 151-153, D-50672 Cologne, Germany, DE 122 652 565;
Deutsches Zentrum fur Luft- und Raumfahrt e.V. (DLR), registered under German law (registration number: VR 2780 at Amtsgericht Bonn), with its registered office in Linder Höhe, 51147 Cologne, Germany;
DFS Deutsche Flugsicherung GmbH, registered under the Private Law (Registration number: HRB 34977), with its registered office in Langen (Hessen), Germany;
The French State – Ministry for an ecological transition, Direction générale de l’aviation civile (DGAC), Direction des services de la navigation aérienne DSNA, registered under French law (registration number: SIREN 120 064 019 00074), with its registered office at 50 rue Henry Farman 75 720 Paris Cedex 15, France;
Drone Alliance Europe, non-profit organisation (‘Association sans but lucratif / Vereniging zonder winstoogmerk’), registered under Belgian law with registration number 0693.860.794, with its registered office in rue Breydel 34 – 36, 1040 Brussels, Belgium;
Droniq GmbH, registered under German law, Ginnheimer Stadtweg 88, 60431 Frankfurt, Germany, Amtsgericht Frankfurt am Main, HRB 115576, DE324815501;
easyJet Europe Airline GmbH, registered under the Laws of Austria (registration number FN 452433 v), with its registered office at Wagramer Strasse 19, IZD Tower, 11. Stock, 1220 Vienna, Austria;
Ecole Nationale de l’Aviation Civile (ENAC), registered under French law registration number: no193 112 562 00015, with its registered office on 7 avenue Edouard Belin, CS 54005 – 31055 TOULOUSE cedex 4, France;
ENTIDAD PUBLICA EMPRESARIAL ENAIRE, a public business entity registered under the law 4/1990 of June 29th and Law 18/2014 of October 15th, VAT number: Q2822001J, and with its registered office in Parque Empresarial las Mercedes. Edificio no2 Avda. de Aragón, 330. 28022 Madrid, Spain;
ENAV S.p.A., a Joint-Stock Company registered under the laws of Italy, registration number: R.E.A. 965162, with its registered office in Via Salaria, 716 – 00138, Rome, Italy;
Flughafen München GmbH, registered under German law (registration number: HRB 5448, Munich local court), with its registered office at Nordallee 25, 85356 Munich-Airport, Germany;
Frequentis AG, registered under Austrian law (registration number: FN 72115 b), with its registered office in Innovationsstraße 1, 1100 Vienna, Austria;
Honeywell International s.r.o., registered under Czech law, ID No.: 276 17 793, with its registered office in V Parku 2325/16, 148 00 Prague 4, Czech Republic;
HungaroControl Hungarian Air Navigation Services Private Limited Company, registered under Hungarian law (registration number: 01-10-045570), with its registered office in Igló utca 33-35, 1185 Budapest, Hungary;
Indra Sistemas, S.A., registered under Spanish law, with Tax Identification Code A-28599033, registered in the Mercantile Registry of Madrid in Volume 5465 general, 4554 of section 3 of the Corporate Ledger, Folio 80, Sheet number43677, 1st entry, with its registered office at Avenida de Bruselas, NUM 35, 28108 Alcobendas – Madrid;
Irish Aviation Authority (IAA), registered under the Laws of Ireland (registration number 211082), with its registered office at The Times Building, 11-12 D’Olier Street, Dublin 2, Ireland;
Københavns Lufthavne A/S, registered under Danish law (official registration CVR 14707204), with its registered office in Lufthavnsboulevarden 6, 2770 Kastrup;
L’OFFICE NATIONAL D’ÉTUDES ET DE RECHERCHES AÉROSPATIALES (ONERA), a French agency (Établissement public à caractère industriel et commercial), registered under French Law with the Évry commercial and companies registry (number 775 722 879), having its head office at: BP 80100 – FR-91123 Palaiseau Cedex – France;
Leonardo Società per azioni; Short name: Leonardo S.p.A. – registered under the Italian Law (Fiscal Code and Registration number: 00401990585), with its registered office in Piazza Monte Grappa n. 4, 00195 Roma, Italy;
Letiště Praha, a. s. („Prague Airport“), a Joint-Stock Company registered under the law of Czech Republic, registration number: 28244532, with its registered office in K Letišti 6/1019, Prague 6, Czech Republic;
Luftfartsverket (LFV), registered under the Laws of Sweden (registration number 202195-0795) with its registered office at Hospitalsgatan 30, S-601 79 Norrköping – Sweden;
Luchtverkeersleiding Nederland (LVNL) a public body established by the Dutch Aviation Act, registered under Dutch law (registration number: 34367959), with its registered office at Stationsplein ZuidWest 1001, 1117 CV Schiphol, The Netherlands;
NAVEGAÇÃO AÉREA DE PORTUGAL – NAV Portugal E.P.E, registered under the Laws of Portugal (registration number 504448064) with its registered office at Rua D, Edifício 121, Aeroporto de Lisboa, 1700-008 Lisboa, Portugal;
NAVIAIR, registered under the Laws of Denmark, including the law on Naviair of 26 May 2010, (registration number 26059763) with its registered office is at Naviair Allé 1 2770 Kastrup, Denmark;
Stichting Koninklijk Nederlands Lucht- en Ruimtevaartcentrum (NLR), a foundation under Dutch law with Chamber of Commerce registration number: 41150373, with its registered office in Amsterdam, The Netherlands, with address at Anthony Fokkerweg 2, 1059 CM Amsterdam, The Netherlands;
Pipistrel Vertical Solutions d.o.o., registered under Slovenian law (registration number: 7254466000), with its registered office in Ajdovščina, Slovenia;
Polish Air Navigation Services Agency PANSA, state legal entity, organised and operating under the Act of 8 December, 2006 on Polish Air Navigation Services Agency, National Business Registry Number: 140886771, tax identification number: 5222838321, located at Wieżowa 8 street, 02-147 Warszawa, Poland;
Régie autonome ”Romanian Air Traffic Services Administration” – ROMATSA, state legal entity registered under Romanian Trade Register’s Office No. J40/1012/1991, Tax Code No. RO1589932, located at 10, Ion Ionescu de la Brad Blvd., 013813, Bucharest, Romania;
Ryanair Holdings plc, registered under Irish law, Ryanair Dublin Office, Airside Business Park, Swords, County Dublin, Ireland, Company No 249885;
Saab AB (publ), registered under Swedish law (registration number 556036-0793), with its registered office 581 88 Linköping, Sweden;
SAFRAN, registered under French law (Registration number: 562 082 909 R.C.S. Paris), with its registered office in Paris, France;
SINTEF AS, a non-profit Research and Technology Organisation, registered under Norwegian law (registration number: 919 303 808), with its registered office in Strindvegen 4 7034 TRONDHEIM, Norway;
SCHIPHOL NEDERLAND BV, registered under Dutch law (Chambers of Commerce number: 34166584), with its registered office in SHG, Evert van de Beekstraat 202, 1118 CP Schiphol, The Netherlands;
Societa per Azioni Esercizi Aeroportuali (S.E.A), official registration No: 00826040156, with its registered office at Aeroporto Milano Linate, Segrate, 20090, Italy, VAT number: 00826040156;
SWEDAVIA AB, a public limited company, registered under Swedish law on 14 December 2009 with the official registration number 556797-0818, having its registered office in Sigtuna with the address 190 45 Stockholm-Arlanda;
THALES AVS SAS FRANCE, Société simplifiée par actions, registered under THALES AVS law of France registration number RCS Bordeaux 612 039 495, with its registered office in 73-75 Avenue Marcel Dassault 33700 Mérignac, France;
THALES LAS FRANCE SAS, registered under French law (registration number: 319 159 877), with its registered office in 2, Avenue Gay Lussac, 78990 Elancourt, France;
United Technologies Research Centre Ireland Limited, registered under Irish laws (registration number: 472601), with its registered office in Penrose Business Centre, Penrose Wharf, Cork, Ireland;
Volocopter GmbH registered under German law (registration number HRB 702987), with its registered office in Zeiloch 20, 76646 Bruchsal, Germany;
VTT Technical Research Centre of Finland Ltd, registered under Finnish law (registration number: 2647375-4), with its registered office in Espoo, Finland and registered address P.O. Box 1000, FI-02044 VTT, Finland.
( 1 ) Regulation (EU) 2023/1781 of the European Parliament and of the Council of 13 September 2023 establishing a framework of measures for strengthening Europe’s semiconductor ecosystem and amending Regulation (EU) 2021/694 (Chips Act) (OJ L 229, 18.9.2023, p. 1).
( 2 ) OJ L 56, 4.3.1968, p. 1.
( 3 ) Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).
( 4 ) Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).
( 5 ) Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
( 6 ) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
( 7 ) Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
( 8 ) OJ L 136, 31.5.1999, p. 15.
( 9 ) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
( 10 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
( 11 ) Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44).
( 12 ) Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ L 343, 14.12.2012, p. 32).
( 13 ) Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138, 26.5.2016, p. 1).
( 14 ) Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU and repealing Regulation (EU) 2017/1601 and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1).
( 15 ) Commission Implementing Regulation (EU) No 409/2013 of 3 May 2013 on the definition of common projects, the establishment of governance and the identification of incentives supporting the implementation of the European Air Traffic Management Master Plan (OJ L 123, 4.5.2013, p. 1).
( 16 ) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).