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European Research Infrastructure Consortium (ERIC)

European Research Infrastructure Consortium (ERIC)

 

SUMMARY OF:

Regulation (EC) No 723/2009 — rules for creating a European Research Infrastructure Consortium (ERIC)

WHAT IS THE AIM OF THE REGULATION?

  • It aims to facilitate the establishment and the operation of research infrastructures with European interest among several EU countries and associated countries* by providing a new legal instrument, the ERIC.
  • The ERIC legal framework may be used for new or existing, single-sited or distributed research infrastructures.

KEY POINTS

  • An ERIC is a legal entity set up by a decision of the European Commission. It has legal personality and full legal capacity recognised in all EU countries. The basic internal structure of an ERIC is flexible and defined in its statutes by its members.
  • Its members (EU countries and, under certain conditions, also associated countries, other non-EU countries and international organisations) negotiate the content of the statutes of the ERIC and its annexes in accordance with the regulation.
  • The liability of the ERIC’s members can be limited to their respective contributions.
  • An ERIC is recognised, by the country hosting it, as an international body or an organisation for the purposes of the Directives 2006/112/EC on value added tax (VAT) and 2008/118/EC on excise duties. An ERIC may therefore, under certain limits and conditions, benefit from exemptions from these on its purchases in all EU countries.
  • An ERIC qualifies as an international organisation for the purposes of the EU’s public procurement rules. An ERIC may adopt its own procurement rules.
  • The activities of the ERIC are, in principle, non-profit-making. However, an ERIC may carry out some limited economic activities as long they are closely related to its principal task and they do not impede the main aim of the research infrastructure.
  • The ERIC must have its statutory seat in one of its members (EU country or country associated with the EU Framework Programme for Research and Innovation). Its name must include the abbreviation ‘ERIC’.
  • To establish an ERIC a minimum number of members is necessary. At least one EU country and 2 other countries, which are either EU countries or associated countries, is the minimum configuration. Other members can join later depending on the conditions specified in the statutes.
  • For an ERIC to be established, the following requirements must be met:
    • it is necessary for the carrying out of European research activities;
    • it represents a significant improvement in the scientific and technological fields at the European and international level;
    • it grants effective access to the European research community;
    • it contributes to the mobility of researchers and the sharing of knowledge within the European Research Area;
    • it contributes to disseminating and optimising the results of research, technological and demonstration activities.
  • Applications to set up an ERIC must be submitted to the Commission for assessment. They must include:
    • a request to to set up the ERIC;
    • the proposed statutes (a list of members, statutory seat, name of the ERIC, rights and obligations of the members, bodies of the ERIC with their competences and the manner in which they are constituted and in which they decide, duration of the ERIC, basic principles, identification of the working language, references to rules implementing the statutes);
    • a technical and scientific description;
    • a declaration by the host EU country recognising the ERIC as an international body within the meaning of the EU directives on value-added tax (VAT) and on excise duties.
  • Setting up an ERIC involves two steps :
    • Step 1: verification of compliance with the requirements laid down in the ERIC regulation. The Commission must assess the application with the help of independent experts and provide feedback to the applicant;
    • Step 2: a formal request to the Commission to set up the ERIC. Based on this, the Commission seeks the opinion of the ERIC Committee and prepares its decision, which is then notified to the applicants and published in the Official Journal of the European Union.
  • Regulation (EU) No 723/2009 was amended by Regulation (EU) No 1261/2013 to facilitate the participation of associated countries, whose contributions can be fully reflected in terms of membership and voting rights.
  • Unlike in the case of Joint Technology Initiative Joint Undertakings (JTI JUs), in which the EU is systematically a member, the EU is not necessarily a member of an ERIC.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 28 August 2009.

BACKGROUND

  • This regulation is one of the strategic initiatives following the Green Paper on the ERA of 4 April 2007. This initiative contributes to the implementation of the ‘Research infrastructures’ section of the 7th Framework Programme (2007-2013) and of Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020).
  • The establishment of an ERIC brings advantages to the development of the European Research Area (ERA) since it addresses bottlenecks, like fragmentation and regionalisation, in the rules for establishing, financing and operating this class of research infrastructure.
  • To date, 21 ERICs have been established.
  • For more information, see:

KEY TERMS

Associated country: a non-EU country which is party to an international agreement with the EU, under the terms or on the basis of which it makes a financial contribution to all or part of the EU research, technological development and demonstration programmes.

MAIN DOCUMENT

Council Regulation (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC) (OJ L 206, 8.8.2009, pp. 1-8)

Successive amendments to Regulation (EC) No 723/2009 have been incorporated into the original document. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Commission Implementing Decision (EU) 2019/1854 of 29 October 2019 setting up the European Research Infrastructure for Imaging Technologies in Biological and Biomedical Sciences — Euro-BioImaging European Research Infrastructure Consortium (Euro-BioImaging ERIC) (OJ L 285, 6.11.2019, pp. 9-13)

Commission Implementing Decision (EU) 2018/1732 of 30 October 2018 setting up the European Plate Observing System — European Research Infrastructure Consortium (EPOS ERIC) (OJ L 288, 16.11.2018, pp. 10-14)

Report from the Commission to the European Parliament and the Council — Second Report on the Application of Council Regulation (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC) (COM(2018) 523 final, 6.7.2018)

Commission Implementing Decision (EU) 2018/499 of 20 March 2018 setting up the European Infrastructure of Open Screening Platforms for Chemical Biology European Research Infrastructure Consortium (EU-OPENSCREEN ERIC) (OJ L 82, 26.3.2018, pp. 8-12)

Commission Implementing Decision (EU) 2018/272 of 20 February 2018 on setting up the European Marine Biological Resource Centre — European Research Infrastructure Consortium (EMBRC-ERIC) (OJ L 51, 23.2.2018, pp. 17-22)

Commission Implementing Decision (EU) 2017/1213 of 4 July 2017 on setting up the Integrated Structural Biology — European Research Infrastructure Consortium (Instruct-ERIC) (OJ L 173, 6.7.2017, pp. 47-52)

See consolidated version.

Commission Implementing Decision (EU) 2017/996 of 9 June 2017 setting up the European Carbon Dioxide Capture and Storage Laboratory — European Research Infrastructure Consortium (ECCSEL ERIC) (OJ L 149, 13.6.2017, pp. 91-97)

Commission Implementing Decision (EU) 2017/995 of 9 June 2017 setting up the Consortium of European Social Science Data Archives — European Research Infrastructure Consortium (CESSDA ERIC) (OJ L 149, 13.6.2017, pp. 85-90)

Commission Implementing Decision (EU) 2017/499 of 17 March 2017 on setting up the e-Science and Technology European Infrastructure for Biodiversity and Ecosystem Research — European Research Infrastructure Consortium (LifeWatch ERIC) (OJ L 76, 22.3.2017, pp. 35-39)

Commission Implementing Decision (EU) 2016/1757 of 29 September 2016 on setting up the European Multidisciplinary Seafloor and Water Column Observatory — European Research Infrastructure Consortium (EMSO ERIC) (OJ L 268, 1.10.2016, pp. 113-117)

Commission Implementing Decision (EU) 2015/2097 of 26 October 2015 on setting up the Integrated Carbon Observation System European Research Infrastructure Consortium (ICOS ERIC) (OJ L 303, 20.11.2015, pp. 19-34)

Commission Implementing Decision (EU) 2015/1478 of 19 August 2015 on setting up the European Spallation Source as a European Research Infrastructure Consortium (European Spallation Source ERIC) (OJ L 225, 28.8.2015, pp. 16-48)

Commission Implementing Decision 2014/923/EU of 12 December 2014 on setting up the Joint Institute for Very Long Baseline Interferometry as a European Research Infrastructure Consortium (JIV-ERIC) (OJ L 363, 18.12.2014, pp. 156-169)

Commission Implementing Decision 2014/526/EU of 6 August 2014 setting up the Digital Research Infrastructure for the Arts and Humanities as a European Research Infrastructure Consortium (DARIAH ERIC) (OJ L 239, 12.8.2014, pp. 64-80)

Commission Implementing Decision 2014/392/EU of 24 June 2014 on setting-up the Central European Research Infrastructure Consortium (CERIC-ERIC) (OJ L 184, 25.6.2014, pp. 49-62)

Commission Implementing Decision 2014/261/EU of 5 May 2014 on setting up Euro-Argo Research Infrastructure as a European Research Infrastructure Consortium (Euro-Argo ERIC) (OJ L 136, 9.5.2014, pp. 35-50)

Commission Implementing Decision 2013/713/EU of 29 November 2013 on setting up the European Clinical Research Infrastructure Network (ECRIN) as a European Research Infrastructure Consortium (ECRIN-ERIC) (OJ L 324, 5.12.2013, pp. 8-20)

Commission Implementing Decision 2013/701/EU of 22 November 2013 on setting up the Biobanks and Biomolecular Resources Research Infrastructure Consortium (BBMRI-ERIC) as a European Research Infrastructure Consortium (OJ L 320, 30.11.2013, pp. 63-80)

Commission Implementing Decision 2013/700/EU of 22 November 2013 on setting up the European Social Survey as a European Research Infrastructure Consortium (ESS ERIC) (OJ L 320, 30.11.2013, pp. 44-62)

Commission Implementing Decision 2013/640/EU of 7 November 2013 on setting up the European Advanced Translational Research Infrastructure in Medicine as a European Research Infrastructure Consortium (EATRIS ERIC) (OJ L 298, 8.11.2013, pp. 38-47)

Commission Decision 2012/136/EU of 29 February 2012 setting up the Common Language Resources and Technology Infrastructure as a European Research Infrastructure Consortium (CLARIN ERIC) (OJL 64, 3.3.2012, pp. 13-28)

Commission Decision 2011/166/EU of 17 March 2011 setting up the SHARE-ERIC (OJ L 71,18.3.2011, pp. 20-31)

See consolidated version.

last update 28.02.2020

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