# EUR-Lex - 52012PC0682 - EN

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# 52012PC0682

**Proposal for a COUNCIL REGULATION Amending Regulation (EC) No 723/2009 concerning the Community legal framework for a European Research Infrastructures Consortium (ERIC) /* COM/2012/0682 final - 2012/0321 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

·
Grounds for and objectives of the proposal

The ERIC Regulation[1] was adopted by Council in 2009
to facilitate the establishment and operation of European research
infrastructures on a non-economic basis. With the Regulation a new legal
instrument was created at EU level for establishing European research
infrastructures with a legal personality recognized in all Member States. Many
of the projects included in the European Strategy Forum on Research Infrastructures
(ESFRI) Roadmap, are planning to use the ERIC as the legal instrument to
implement and operate the research infrastructure.

The ERIC Regulation provides in Article
9(1) for a distinction and a difference in treatment between Member States,
associated countries, third countries other than associated countries and
intergovernmental organisations. An ERIC needs at least three Member States as
members (Article 9(2)) and Member States shall jointly hold the majority of the
voting rights in the assembly of members (Article 9(3)). An ERIC however, may
be hosted by a Member State or an associated country (Article 8(1)).

Associated countries and in particular Norway,
have indicated strongly that they intend to contribute as host or member to a
significant number of ERICs that are in preparation if they would have voting
rights as do EU Member States in an ERIC, especially when they would be host of
an ERIC and thus provide substantial contributions to its activities.

The objective of the proposed amendment of
the ERIC Regulation is to avoid that associated countries would not be able to
become host or member of an ERIC because in the current situation, their voting
rights do not potentially reflect their financial support to ERIC projects.

·
General Context

Until now no associated countries or third
states other than associated countries have become member of an ERIC. In view
of the Innovation Union commitment to complete or launch construction by 2015
of 60% of the priority infrastructures of pan-European interest in the ESFRI
roadmap it is important that associated countries could also be fully involved
in the establishment and operation of ERICs as a member or host and contribute
to these infrastructures.

2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS

The Commission
Impact Assessment that was performed when the ERIC Regulation was proposed for
adoption by Council will not be changed by the proposed limited technical amendments
of the ERIC Regulation.

3.           LEGAL ELEMENTS OF THE PROPOSAL

The proposed
amendment of the ERIC Regulation concerns solely Article 9 paragraphs 2 and 3
in which it is proposed that a minimum of one Member State together with at
least two Member States or associated countries is necessary for establishing
an ERIC. Furthermore it is proposed that Member States or associated countries
shall hold jointly the majority of voting rights in the general assembly. No
other changes are proposed.

4.           BUDGETARY IMPLICATION

The proposed
amendment of the ERIC Regulation has no budgetary implications for the Union or
for the Member States.

2012/0321 (NLE)

Proposal for a

COUNCIL REGULATION

Amending Regulation (EC) No 723/2009
concerning the Community legal framework for a European Research
Infrastructures Consortium (ERIC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles 187 and 188
thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legal act
to the national Parliaments,

Having regard to the opinion of the
European Parliament[2],

Having regard to the opinion of the
European Economic and Social Committee[3],

Having regard to the opinion of the
Committee of the Regions[4],

Whereas:

(1)       Council Regulation (EC) No
723/2009 of 25 June 2009 on the Community Legal Framework for a European
Research Infrastructure Consortium (ERIC) [5]
establishes a legal framework laying down the requirements and procedures for
and the effect of setting-up a European Research Infrastructure Consortium.

(2)       The support and
development of research infrastructures in Europe has been an ongoing objective
of the Community, as last reflected in Decision No 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 (2007‑2013)[6] and in particular in Council
Decision No 2006/974/EC of 19 December 2006 on the specific
programme "Capacities"[7].

(3)       The European Strategy
Forum on Research Infrastructures (ESFRI) and the e-Infrastructure Reflection
Group (e-IRG) have produced and updated the first ever European Roadmap for
Research Infrastructures.

(4)       Since the entry into force
of the Community legal framework for a European Research Infrastructure
Consortium (ERIC) in 2009, two European research infrastructures have been
awarded ERIC status.

(5)       Membership of an ERIC is
open to Member States, associated countries, third countries other than associated
countries and intergovernmental organisations.

(6)       Associated countries play
an integral role in the preparation and the implementation of European research
infrastructures and should be able to participate in ERIC's on the same footing
as Member States, as they contribute to the scientific excellence of Union
research and to the competitiveness of the Union's economy through their
support.

(7)       In order to facilitate the
participation of associated countries in ERIC's, Article 9(2) and (3) of Regulation
(EC) No 723/2009 should be amended so that the contributions of the associated
countries can be fully reflected in terms of membership and voting rights,

HAS ADOPTED THIS REGULATION:

Article 1

Article 9(2) and (3) of Regulation (EC) No 723/2009 are
replaced by the following:

"2. An ERIC shall have one Member
State and at least two other Member States or associated countries as members.
Further Member States or associated countries may join as members at any time
on fair and reasonable terms specified in the Statutes and as observers without
voting rights on conditions specified in the Statutes. Third countries other
than associated countries as well as intergovernmental organisations may also
become members of an ERIC, subject to approval by the assembly of members,
referred to in Article 12(a), in accordance with the conditions and procedure
for changes in membership laid down in its Statutes.

3.
Member States or associated countries shall hold jointly the majority of the
voting rights in the assembly of members. For an ERIC hosted by a Member State,
proposals for amending its Statutes shall require the agreement of the majority
of the Member States that are member of the ERIC.

Article 2

This Regulation shall enter into force on
the 20th day following that of its publication in the Official Journal of
the European Union.

This Regulation shall be binding in its
entirety and directly applicable in the Member States in accordance with the
Treaties.

Done at Brussels,

For
the Council

The
President

[1]               Council Regulation (EC) No 723/2009 – Community Legal
Framework for a European Research Infrastructure Consortium (ERIC)

[2]               OJ C , , p. .

[3]               OJ C , , p. .

[4]               OJ C , , p. .

[5]               OJ L 206, 8.8.2009, p.1

[6]               OJ L 412, 30.12.2006, p.1.

[7]               OJ L 54, 22.2.2007, p.101.