8.8.2009   

EN

Official Journal of the European Union

L 206/1

(1)

Pursuant to Article 171 of the Treaty the Community may set up joint undertakings or any other structure necessary for the efficient execution of Community research, technological development and demonstration programmes.

(2)

The support and development of research infrastructures in Europe has been an ongoing objective of the Community, as last reflected in Decision 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (4) and in particular in Council Decision 2006/974/EC of 19 December 2006 on the specific programme ‘Capacities’ (5).

(3)

While traditional support for the use and development of European research infrastructures has essentially taken the form of grants in favour of established research infrastructures in the Member States, the need for additional efforts has become apparent in recent years in order to stimulate the development of new structures by creating an appropriate legal framework which should facilitate their establishment and operation at the level of the Community.

(4)

This need has been expressed on numerous occasions both at political level by the Member States and the Community institutions, and by the various actors within the European research community such as undertakings, research centres and universities and, in particular, the European Strategy Forum on Research Infrastructures (ESFRI).

(5)

While the central role of world-class scientific research infrastructures for the attainment of the Community’s RTD objectives set out in Article 163 of the Treaty has thus long been recognised under Community RTD Framework Programmes, the rules governing establishment, financing and operation of these structures are still fragmented and regionalised. Considering that European research infrastructures are in competition with those of the Community’s global partners which are and will be strongly investing in modern large-scale research infrastructures, and that these infrastructures are becoming increasingly complex and expensive, often placing them beyond the reach of a single Member State or even continent, it is now necessary to exploit and develop the full potential of Article 171 of the Treaty by establishing a framework containing the procedures and conditions for the setting-up and operation of European Research Infrastructures at Community level which are necessary for the efficient execution of the Community’s RTD programmes. This new legal framework would complement other legal forms existing under national, international or Community law.

(6)

In contrast to Joint Technology Initiatives (JTI) constituted as Joint Undertakings of which the Community is a member and to which it makes financial contributions, a European Research Infrastructure Consortium (hereinafter referred to as ‘ERIC’) should not be conceived as a Community body within the meaning of Article 185 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (6) (the Financial Regulation), but as a legal entity of which the Community is not necessarily a member and to which it does not make financial contributions within the meaning of Article 108(2)(f), of the Financial Regulation.

(7)

Given the close cooperation between Member States and the Community in programming and implementing their respective research activities in a complementary manner, as set out in Articles 164 and 165 of the Treaty, it should be for interested Member States, on their own or in conjunction with other qualified entities, to define their needs for the establishment of research infrastructures in this legal format, based on their research and technological development activities and on the requirements of the Community. For the same reasons, membership of an ERIC should be open to interested Member States with the possible participation of qualified associated countries in the Community framework programme for research, technological development and demonstration (hereinafter referred to as ‘associated states’) and third countries and specialised intergovernmental organisations. In addition to full membership, Member States should be able to become observers of an ERIC on the conditions specified in its Statutes.

(8)

An ERIC set up under this Regulation should have as its principal task the establishment and operation of a research infrastructure on a non-economic basis and should devote most of its resources to this principal task. In order to promote innovation and knowledge and technology transfer, the ERIC should be allowed to carry out some limited economic activities if they are closely related to its principal task and they do not jeopardise its achievement. The establishment of research infrastructures as ERICs does not exclude that research infrastructures of pan-European interest that have another legal form can equally be recognised as contributing to the progress of European research, including to the implementation of the roadmap developed by ESFRI. The Commission should ensure that ESFRI members and other interested parties are informed about these alternative legal forms.

(9)

Research infrastructures should help to safeguard the scientific excellence of Community research and the competitiveness of the Community’s economy, as based on medium-term to long-term forecasts, through the efficient support of European research activities. To achieve this they should be effectively open to the European research community at large in accordance with the rules established in their Statutes and should have the aim of enhancing European scientific capabilities beyond the current state of the art and should thereby contribute to the development of the European Research Area.

(10)

In order to permit an efficient procedure for the setting-up of an ERIC, it is necessary for the entities willing to set up an ERIC to submit an application to the Commission which should assess, with the help of independent experts, which may include ESFRI, whether the proposed research infrastructure is in conformity with this Regulation. Such an application should contain a declaration of the host Member State recognising the ERIC as an international body or organisation for the purpose of the application of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (7) and Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products (8), as of its setting up. The ERIC should also benefit from certain exemptions as an international organisation for the purpose of applying Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (9), in conformity with State aid rules.

(11)

For reasons of transparency, the decision setting-up an ERIC should be published in the Official Journal of the European Union. For the same reasons, the essential elements of its Statutes should be annexed to such decisions.

(12)

In order to carry out its tasks in the most efficient way, an ERIC should have legal personality and the most extensive legal capacity as from the day on which the decision setting it up takes effect. It should have a statutory seat, in order to determine the applicable law, within the territory of a member of that ERIC which is a Member State or an associated country.

(13)

Membership of an ERIC should comprise at least three Member States and may include qualified associated countries and third countries other than associated countries as well as specialised intergovernmental organisations.

(14)

In line with the Community dimension of this Regulation, Member States should jointly hold the majority of votes in the assembly of members of an ERIC.

(15)

For the implementation of this framework, more detailed provisions should be laid down in Statutes, on the basis of which the Commission should examine the compliance of an application with the framework established in this Regulation.

(16)

It is necessary to ensure that, on the one hand, an ERIC has the necessary flexibility to amend its Statutes and, on the other hand, that the Community which sets up the ERIC retains control over certain essential elements. If an amendment concerns an essential element of the Statutes annexed to the decision setting up the ERIC, such amendment should be approved, prior to taking effect, by a Commission decision taken following the same procedure as that for setting up the ERIC. Any other amendment should be notified to the Commission, which should have an opportunity to object if it considers the amendment contrary to this Regulation.

(17)

It is necessary for an ERIC to equip itself with its own bodies for the effective management of its activities. The Statutes should determine the manner in which those bodies legally represent the ERIC.

(18)

It is necessary for an ERIC to carry out its activities according to sound budgetary principles for the exercise of its financial responsibility.

(19)

An ERIC could qualify for funding in accordance with Title VI of the Financial Regulation. Funding under the Cohesion Policy could also be possible, in conformity with the relevant Community legislation.

(20)

In order to carry out its tasks in the most efficient way and as a logical consequence of its legal personality, an ERIC should be liable for its debts. In order to allow the members to find appropriate solutions regarding their liability, the option should be given to provide in the Statutes for different liability regimes going above the liability limited to the contributions of the members.

(21)

Since an ERIC is established under Community law, it should be governed by Community law, in addition to the law of the State where it has its statutory seat. However, the ERIC could have a place of operation in another State. The law of that latter State should apply in respect of specific matters defined by the Statutes of the ERIC. Furthermore, an ERIC should be governed by implementing rules complying with the Statutes.

(22)

Member States are free to apply or to adopt any laws, regulations or administrative measures which do not conflict with the scope or objectives of this Regulation.

(23)

In order to ensure sufficient control of compliance with this Regulation, an ERIC should transmit to the Commission and relevant public authorities its annual report and any information about circumstances threatening to seriously jeopardise the achievement of its tasks. If the Commission obtains indications, through the annual report or otherwise, that the ERIC acts in serious breach of this Regulation or other applicable law, it should request explanations and/or actions from the ERIC and/or its members. In extreme cases and if no remedial action is taken, the Commission could repeal the decision setting up the ERIC; thus triggering the winding-up of the ERIC.

(24)

Since the objective of this Regulation; i.e. the establishment of a framework for European Research Infrastructures between Member States, cannot be sufficiently achieved by the Member States in the framework of their national constitutional systems, by reason of the trans-national nature of the problem, and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(25)

Since this Regulation is primarily established for the efficient execution of Community research, technological development and demonstration programmes, and since the measures necessary for its implementation are essentially management measures, they should therefore be adopted by the management procedure provided for in Article 4 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred to the Commission (10),

(a)

‘research infrastructure’ means facilities, resources and related services that are used by the scientific community to conduct top-level research in their respective fields and covers major scientific equipment or sets of instruments; knowledge-based resources such as collections, archives or structures for scientific information; enabling Information and Communications Technology-based infrastructures such as Grid, computing, software and communication, or any other entity of a unique nature essential to achieve excellence in research. Such infrastructures may be ‘single-sited’ or ‘distributed’ (an organised network of resources);

(b)

‘third country’ means a State that is not a Member State of the European Union;

(c)

‘associated country’ means a third country which is party to an international agreement with the Community, under the terms or on the basis of which it makes a financial contribution to all or part of the Community research, technological development and demonstration programmes.

(a)

it is necessary for the carrying-out of European research programmes and projects, including for the efficient execution of Community research, technological development and demonstration programmes;

(b)

it represents an added value in the strengthening and structuring of the European Research Area (ERA) and a significant improvement in the relevant scientific and technological fields at international level;

(c)

effective access, in accordance with the rules established in its Statutes, is granted to the European research community, composed of researchers from Member States and from associated countries;

(d)

it contributes to the mobility of knowledge and/or researchers within the ERA and increases the use of intellectual potential throughout Europe; and

(e)

it contributes to the dissemination and optimisation of the results of activities in Community research, technological development and demonstration.

(a)

a request to the Commission to set up the ERIC;

(b)

the proposed Statutes of the ERIC referred to in Article 10;

(c)

a technical and scientific description of the research infrastructure to be established and operated by the ERIC, addressing in particular the requirements set out in Article 4;

(d)

a declaration by the host Member State recognising the ERIC as an international body in the sense of Articles 143(g) and 151(1)(b) of Directive 2006/112/EC and as international organisation in the sense of the second indent of Article 23(1) of Directive 92/12/EEC, as of its setting up. The limits and conditions of the exemptions provided for in these provisions shall be laid down in an agreement between the members of the ERIC.

(a)

adopt a decision setting up the ERIC after it has satisfied itself that the requirements laid down in this Regulation are met; or

(b)

reject the application if it concludes that the requirements laid down in this Regulation are not met, including in the absence of the declaration referred to in Article 5(1)(d).

(a)

Member States;

(b)

associated countries;

(c)

third countries other than associated countries;

(d)

intergovernmental organisations.

(a)

a list of members, observers and, where applicable, of entities representing members and the conditions of and the procedure for changes in membership and representation in compliance with Article 9;

(b)

the tasks and activities of the ERIC;

(c)

the statutory seat in compliance with Article 8(1);

(d)

the name of the ERIC in compliance with Article 8(2);

(e)

the duration, and the procedure for the winding-up in compliance with Article 16;

(f)

the liability regime, in compliance with Article 14(2);

(g)

the basic principles covering:

(h)

the rights and obligations of the members, including the obligation to make contributions to a balanced budget and voting rights;

(i)

the bodies of the ERIC, their roles and responsibilities and the manner in which they are constituted and in which they decide, including upon the amendment of the Statutes, in compliance with Articles 11 and 12;

(j)

the identification of the working language(s);

(k)

references to rules implementing the Statutes.

(a)

the text of the amendment proposed or, where appropriate, as adopted, including the date on which it enters into force;

(b)

the amended consolidated version of the Statutes.

(a)

an assembly of members as the body having full decision-making powers, including the adoption of the budget;

(b)

a director or a board of directors, appointed by the assembly of members, as the executive body and legal representative of the ERIC.

(a)

by Community law, in particular this Regulation, and the decisions referred to in Articles 6(1)(a) and 11(1);

(b)

by the law of the State where the ERIC has its statutory seat in the case of matters not, or only partly, regulated by acts referred to in point (a);

(c)

by the Statutes and their implementing rules.

8.8.2009   

EN

Official Journal of the European Union

L 206/9

8.8.2009   

EN

Official Journal of the European Union

L 206/11

(1)

Pursuant to Article 6(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Pan de Cruz de Ciudad Real’ was published in the Official Journal of the European Union  (2).

(2)

As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, this name should be entered in the register,

8.8.2009   

EN

Official Journal of the European Union

L 206/13

(1)

Directive 2006/66/EC provides for the registration of producers of batteries and accumulators. In order to avoid unnecessary administrative burden for those producers, it is necessary to establish procedural requirements that are applicable throughout the Community.

(2)

It is appropriate to specify the information which producers of batteries and accumulators should provide when they apply for registration, while avoiding any overlapping with requirements relating to other registration procedures.

(3)

Any registration fees should be proportionate and cost-based in order to avoid unnecessary administrative costs for the producers concerned.

(4)

The measures provided for in this Decision are in accordance with the opinion of the Committee, established by Article 18(1) of Directive 2006/12/EC of the European Parliament and of the Council (2),

8.8.2009   

EN

Official Journal of the European Union

L 206/16

(1)

The general budget of the European Union for the financial year 2009 contains budget line 17 03 09 — pilot project on Complex research on health, environment, transport and climate change (HETC) — Improvement of indoor and outdoor air quality.

(2)

Under Article 49(1) of Regulation (EC, Euratom) No 1605/2002 (hereinafter referred to as the Financial Regulation), a basic act must first be adopted before the appropriations entered in the budget for any action by the Communities or by the European Union may be used.

(3)

Under Article 49(6)(a) and (b) of the Financial Regulation, by way of derogation from Article 49(1), appropriations for pilot schemes of an experimental nature designed to test the feasibility of an action and its usefulness, and appropriations for preparatory actions in the fields of application of the EC Treaty designed to prepare proposals with a view to the adoption of future actions may be implemented without a basic act provided the actions which they are intended to finance fall within the powers of the Communities or the European Union.

(4)

Under Article 75(2) of the Financial Regulation, the commitment of the expenditure must be preceded by a financing decision adopted by the institution or the authorities to which powers have been delegated by the institution.

(5)

Under Article 90(2) of Regulation (EC, Euratom) No 2342/2002 (hereinafter referred to as the detailed rules for the implementation of the Financial Regulation), where the implementation of the corresponding appropriations is provided for by an annual work programme constituting a sufficiently detailed framework, the work programme is to be considered to be the financing decision for the grants and procurement contracts involved.

(6)

The budget authority has earmarked specific funding in the budget of the EU for 2009, namely on budget line 17 03 09, for a pilot project on Complex research on health, environment, transport and climate change (HETC) — Improvement of indoor and outdoor air quality.

(7)

It is appropriate to adopt the annual work program for the pilot project on Complex research on health, environment, transport and climate change (HETC) — Improvement of indoor and outdoor air quality, which will constitute the financing decision for that project within the meaning of Article 75 of the Financial Regulation and Article 90 of the detailed rules for the implementation of the Financial Regulation,

8.8.2009   

EN

Official Journal of the European Union

L 206/20

(1)

On 16 February 2009, the Council adopted Joint Action 2009/137/CFSP (2) extending the mandate of the European Union Special Representative (EUSR) in Kosovo.

(2)

Article 5(1) of Joint Action 2009/137/CFSP provided a financial reference amount of EUR 645 000 to cover expenditure related to the mandate of the EUSR until 28 February 2010. This financial reference amount should be increased by EUR 102 000 in order to cover expenditure related to the reinforced liaison presence in Belgrade.

(3)

Joint Action 2009/137/CFSP should be amended accordingly,