# Official Journal C 230/2017

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 230 |
| | |
| English edition | Information and Notices | Volume 6015 July 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 230

English edition

Information and Notices

Volume 6015 July 2017

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 230/01 | Statutes of Instruct — European Research Infrastructure Consortium (Instruct-ERIC) | 1 |
| 2017/C 230/02 | Non-opposition to a notified concentration (Case M.8526 — CPPIB/BTPS/Milton Park) (
  1
  ) | 23 |
| 2017/C 230/03 | Non-opposition to a notified concentration (Case M.8535 — Itochu/Toppan printing/Thung Hua Sinn/TPN Food Packaging) (
  1
  ) | 23 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 230/01

Statutes of Instruct — European Research Infrastructure Consortium (Instruct-ERIC)

1

2017/C 230/02

Non-opposition to a notified concentration (Case M.8526 — CPPIB/BTPS/Milton Park) (
  1
  )

1

23

2017/C 230/03

Non-opposition to a notified concentration (Case M.8535 — Itochu/Toppan printing/Thung Hua Sinn/TPN Food Packaging) (
  1
  )

1

23

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 230/04 | Euro exchange rates | 24 |
| 2017/C 230/05 | Commission Decision of 14 July 2017 on the members of the advisory group on the food chain and animal and plant health established by Decision 2004/613/EC | 25 |
| | Authority for European Political Parties and European Political Foundations |
| 2017/C 230/06 | Decision of the Authority for European political parties and European political foundations of 14 June 2017 to register Party of European Socialists | 29 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 230/04

Euro exchange rates

24

2017/C 230/05

Commission Decision of 14 July 2017 on the members of the advisory group on the food chain and animal and plant health established by Decision 2004/613/EC

25

Authority for European Political Parties and European Political Foundations

2017/C 230/06

Decision of the Authority for European political parties and European political foundations of 14 June 2017 to register Party of European Socialists

29

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2017/C 230/07 | Prior notification of a concentration (Case M.8560 — HAPM/Magna/JV) — Candidate case for simplified procedure (
  1
  ) | 51 |
| 2017/C 230/08 | Prior notification of a concentration (Case M.8558 — DB/PSPIB/TIAA/Vantage) — Candidate case for simplified procedure (
  1
  ) | 52 |
| | OTHER ACTS |
| | European Commission |
| 2017/C 230/09 | Information Notice — Public Consultation — Geographical indication from Moldova | 53 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2017/C 230/07

Prior notification of a concentration (Case M.8560 — HAPM/Magna/JV) — Candidate case for simplified procedure (
  1
  )

1

51

2017/C 230/08

Prior notification of a concentration (Case M.8558 — DB/PSPIB/TIAA/Vantage) — Candidate case for simplified procedure (
  1
  )

1

52

OTHER ACTS

European Commission

2017/C 230/09

Information Notice — Public Consultation — Geographical indication from Moldova

53

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| | Corrigenda |
| --- | --- |
| 2017/C 230/10 | Corrigendum to Commission Notice on the cooperation between the Commission and the courts of the EU Member States in the application of Articles 81 and 82 EC ( OJ C 101, 27.4.2004 ) | 56 |

Corrigenda

2017/C 230/10

Corrigendum to Commission Notice on the cooperation between the Commission and the courts of the EU Member States in the application of Articles 81 and 82 EC ( OJ C 101, 27.4.2004 )

56

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| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 15.7.2017 | EN | Official Journal of the European Union | C 230/1 |
| --- | --- | --- | --- |

15.7.2017

EN

Official Journal of the European Union

C 230/1

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Statutes of Instruct

European Research Infrastructure Consortium

(Instruct-ERIC)

(2017/C 230/01)

Table of contents

PREAMBLE

CHAPTER 1 – GENERAL PROVISIONS

Article 1 – Definitions

Article 2 – Establishment of Instruct-ERIC

Article 3 – Seat and Working Language

Article 4 – Objectives and Activities

Article 5 – Review and Funding of Instruct-ERIC

CHAPTER 2 – MEMBERSHIP

Article 6 – Membership

Article 7 – Admission of Members and Observers

Article 8 – Withdrawal of a Member or Observer

Article 9 – Termination of a Member or Observer

CHAPTER 3 – RIGHTS AND OBLIGATIONS OF THE MEMBERS AND OBSERVERS

Article 10 – Members

Article 11 – Observers

Article 12 – Third Parties

CHAPTER 4 – GOVERNANCE AND EXECUTION OF ACTIVITIES OF INSTRUCT-ERIC

Article 13 – Council

Article 14 – Director

Article 15 – Instruct Centres and the Centres General Forum

Article 16 – Executive Committee

Article 17 – Independent Scientific Advisory Board

Article 18 – Instruct Groups

Article 19 – Instruct Hub and Staff

CHAPTER 5 – FINANCE

Article 20 – Budgeting Principles and Accounts

Article 21 – Liability

CHAPTER 6 – REPORTING TO THE COMMISSION

Article 22 – Reporting to the Commission

CHAPTER 7 – POLICIES

Article 23 – General

Article 24 – Procurement Policy and Tax Exemption

Article 25 – Access Policy

Article 26 – Dissemination Policy

Article 27 – Data Management, Intellectual Property and Biologicals Policies

Article 28 – Employment Policy

CHAPTER 8 – DURATION, WINDING UP, DISPUTES, SET UP PROVISIONS

Article 29 – Duration

Article 30 – Winding up

Article 31 – Applicable Law

Article 32 – Disputes

Article 33 – Statutes

Article 34 – Setting-up Provisions

ANNEX 1 – List of Members and Observers

ANNEX 2 – Financial contribution

ANNEX 3 – Criteria for reviewing instruct centres

ANNEX 4 – Appointment of the Director

ANNEX 5 – Assessment of Instruct-ERIC

ANNEX 6 – Definition and transfer of assets and staff assignments

PREAMBLE

The Kingdom of Belgium

The Czech Republic

The Kingdom of Denmark

The French Republic

The State of Israel

The Italian Republic

The Kingdom of the Netherlands

The Portuguese Republic

The Slovak Republic

The United Kingdom of Great Britain and Northern Ireland

Hereinafter referred to as ‘the Founding Members’

and

The Hellenic Republic

The Kingdom of Spain

The Kingdom of Sweden

The European Molecular Biology Laboratory (EMBL)

Hereinafter referred to as ‘the founding Observers’

| (A) | ACKNOWLEDGING that both structural and cell biology are vital, not only for advancing fundamental understanding of how biological systems function, but also for underpinning progress in biomedicine and biotechnology; |
| --- | --- |

(A)

ACKNOWLEDGING that both structural and cell biology are vital, not only for advancing fundamental understanding of how biological systems function, but also for underpinning progress in biomedicine and biotechnology;

| (B) | RECOGNISING that Europe's forefront position in structural biology is not only maintained but evolves progressively in parallel with scientific trends, in particular the integration of structural and cell biology, making it essential that the development, access and use of European infrastructure and expertise is maximised, especially through collaborative working; |
| --- | --- |

(B)

RECOGNISING that Europe's forefront position in structural biology is not only maintained but evolves progressively in parallel with scientific trends, in particular the integration of structural and cell biology, making it essential that the development, access and use of European infrastructure and expertise is maximised, especially through collaborative working;

| (C) | BUILDING on the ESFRI Roadmap that identified Instruct as a pan-European distributed infrastructure whose principal task is to facilitate access to state-of-the-art research facilities and expertise across Europe in order to support excellent science that integrates an understanding of biological structure with cellular function; |
| --- | --- |

(C)

BUILDING on the ESFRI Roadmap that identified Instruct as a pan-European distributed infrastructure whose principal task is to facilitate access to state-of-the-art research facilities and expertise across Europe in order to support excellent science that integrates an understanding of biological structure with cellular function;

| (D) | TRANSFERRING the pre-existing Instruct operations (including staff contract arrangements, limited assets, and zero debts), founded under the special purpose legal vehicle, Instruct Academic Services Limited into the new Instruct-ERIC legal entity; |
| --- | --- |

(D)

TRANSFERRING the pre-existing Instruct operations (including staff contract arrangements, limited assets, and zero debts), founded under the special purpose legal vehicle, Instruct Academic Services Limited into the new Instruct-ERIC legal entity;

| (E) | SUPPORTING the participation of the Founding Members and future Members of Instruct-ERIC to strengthen the capability and competitiveness of the structural biology infrastructure and its ability to support excellent research in line with international standards, and delivering impact in research, on innovation and ultimately on health; and |
| --- | --- |

(E)

SUPPORTING the participation of the Founding Members and future Members of Instruct-ERIC to strengthen the capability and competitiveness of the structural biology infrastructure and its ability to support excellent research in line with international standards, and delivering impact in research, on innovation and ultimately on health; and

| (F) | DEVELOPING the role of Instruct to advise and work with funders and industry on the construction and implementation of a coordinated European strategy for investments in structural biology infrastructure, |
| --- | --- |

(F)

DEVELOPING the role of Instruct to advise and work with funders and industry on the construction and implementation of a coordinated European strategy for investments in structural biology infrastructure,

HAVE AGREED AS FOLLOWS:

CHAPTER 1

GENERAL PROVISIONS

Article 1

Definitions

1.   For purposes of these Statutes, the following defined terms and expressions shall have the following meaning:

| | ‘Access Committee’ is the body established to manage the review of prospective Users' proposals and applications for access to the tools and services provided by the Instruct-ERIC infrastructure. |
| --- | --- |

‘Access Committee’ is the body established to manage the review of prospective Users' proposals and applications for access to the tools and services provided by the Instruct-ERIC infrastructure.

| | ‘Centres General Forum’ is the non-executive body comprising broad representation from all Instruct Centres that acts as a consultative body to identify new topics or issues relevant to Instruct-ERIC and has the ability to put these forward to the Executive Committee for consideration. |
| --- | --- |

‘Centres General Forum’ is the non-executive body comprising broad representation from all Instruct Centres that acts as a consultative body to identify new topics or issues relevant to Instruct-ERIC and has the ability to put these forward to the Executive Committee for consideration.

| | ‘Executive Committee’ is the principal executive management committee for Instruct-ERIC, as more fully described in Article 16. |
| --- | --- |

‘Executive Committee’ is the principal executive management committee for Instruct-ERIC, as more fully described in Article 16.

| | ‘Founding Members’ are the Members of Instruct-ERIC at the date of the Commission Implementing Decision establishing Instruct-ERIC takes effect. |
| --- | --- |

‘Founding Members’ are the Members of Instruct-ERIC at the date of the Commission Implementing Decision establishing Instruct-ERIC takes effect.

| | ‘Host Country’ means the Country that hosts the Instruct Hub. |
| --- | --- |

‘Host Country’ means the Country that hosts the Instruct Hub.

| | ‘Independent Scientific Advisory Board’ or ‘ISAB’ is the scientific and strategic advisory body to the Instruct Council (hereinafter Council), as more fully described in Article 17. |
| --- | --- |

‘Independent Scientific Advisory Board’ or ‘ISAB’ is the scientific and strategic advisory body to the Instruct Council (hereinafter Council), as more fully described in Article 17.

| | ‘Instruct Activities’ means the provision of and transnational access to Instruct infrastructure and coordination of training courses and workshops as described in Article 4. |
| --- | --- |

‘Instruct Activities’ means the provision of and transnational access to Instruct infrastructure and coordination of training courses and workshops as described in Article 4.

| | ‘Instruct Centre(s)’ means the distributed sites at which Instruct related activities are carried out; principally the provision of infrastructure access and also contributing expertise, data services, technology or facilities, training, networking and cooperation activities with Instruct-ERIC, as more fully described in Article 15. |
| --- | --- |

‘Instruct Centre(s)’ means the distributed sites at which Instruct related activities are carried out; principally the provision of infrastructure access and also contributing expertise, data services, technology or facilities, training, networking and cooperation activities with Instruct-ERIC, as more fully described in Article 15.

| | ‘Instruct Hub’ is the office of Instruct-ERIC's core team responsible for coordinating Instruct operational activities, located principally (but not exclusively) as at the date of these Statutes, in the Host Country at Instruct-ERIC's statutory seat in the University of Oxford, United Kingdom. The Hub shall comprise, inter alia, the elements described in Article 19. |
| --- | --- |

‘Instruct Hub’ is the office of Instruct-ERIC's core team responsible for coordinating Instruct operational activities, located principally (but not exclusively) as at the date of these Statutes, in the Host Country at Instruct-ERIC's statutory seat in the University of Oxford, United Kingdom. The Hub shall comprise, inter alia, the elements described in Article 19.

| | ‘Internal Rules of Procedure’ means the Instruct-ERIC Governance and Implementation policy as approved by the Instruct-ERIC Council (Article 13). |
| --- | --- |

‘Internal Rules of Procedure’ means the Instruct-ERIC Governance and Implementation policy as approved by the Instruct-ERIC Council (Article 13).

| | ‘Intergovernmental Organisation’ means those organisations that have been established with a legal personality under international law and recognised as such by the public authorities of the host Member State, and by members of such organisations as defined in Article 23(1) of Directive 92/12/EEC. |
| --- | --- |

‘Intergovernmental Organisation’ means those organisations that have been established with a legal personality under international law and recognised as such by the public authorities of the host Member State, and by members of such organisations as defined in Article 23(1) of Directive 92/12/EEC.

| | ‘Member’ means a member of Instruct-ERIC. |
| --- | --- |

‘Member’ means a member of Instruct-ERIC.

Article 2

Establishment of Instruct-ERIC

1.   There shall be a European Research Infrastructure called the ‘Integrated Structural Biology’, hereinafter referred to as ‘Instruct’.

2.   Instruct shall have the legal form of a European Research Infrastructure Consortium (ERIC) incorporated under the provision of the ERIC Council Regulation (EC) No 723/2009 modified by Council Regulation (EU) No 1261/2013 and be named ‘Instruct-ERIC’.

Article 3

Seat and Working Language

1.   Instruct-ERIC shall have its statutory seat in Oxford, United Kingdom.

2.   The working language of Instruct-ERIC shall be English.

Article 4

Objectives and Activities

1.   The objective of Instruct-ERIC is to establish and operate a distributed pan-European Research Infrastructure called Instruct, specifically:

| a) | to facilitate the advancement of integrative structural cell biology; |
| --- | --- |

a)

to facilitate the advancement of integrative structural cell biology;

| b) | to make available a managed access to state-of-the-art European structural biology facilities and specialist expertise; |
| --- | --- |

b)

to make available a managed access to state-of-the-art European structural biology facilities and specialist expertise;

| c) | to further the development of the Instruct technology; and |
| --- | --- |

c)

to further the development of the Instruct technology; and

| d) | to provide training in integrative techniques in the field of structural biology. |
| --- | --- |

d)

to provide training in integrative techniques in the field of structural biology.

2.   To this end Instruct-ERIC shall undertake and coordinate a variety of activities, including but not limited to:

| a) | those offered by Instruct Centres such as the provision of infrastructure to the structural biology user community and other Instruct training, networking and dissemination activities; |
| --- | --- |

a)

those offered by Instruct Centres such as the provision of infrastructure to the structural biology user community and other Instruct training, networking and dissemination activities;

| b) | the creation and operation of the Instruct Hub that provides the central coordinating role for all Instruct Activities offered through Instruct Centres; |
| --- | --- |

b)

the creation and operation of the Instruct Hub that provides the central coordinating role for all Instruct Activities offered through Instruct Centres;

| c) | the provision of access to structural biology infrastructure at Instruct Centres using an Instruct web-portal incorporating peer review and scheduling for access reserved for Instruct users by an Instruct Centre; |
| --- | --- |

c)

the provision of access to structural biology infrastructure at Instruct Centres using an Instruct web-portal incorporating peer review and scheduling for access reserved for Instruct users by an Instruct Centre;

| d) | the coordination by the Instruct Hub of training courses and workshops on techniques and methods relevant to structural cell biology, enabling the dissemination of expertise, the stimulation for exchange and co-development with industry; |
| --- | --- |

d)

the coordination by the Instruct Hub of training courses and workshops on techniques and methods relevant to structural cell biology, enabling the dissemination of expertise, the stimulation for exchange and co-development with industry;

| e) | the coordination by the Instruct Hub of joint programmes between Instruct Centres that support new technical and technological approaches that enable better integration across structural biology technologies; |
| --- | --- |

e)

the coordination by the Instruct Hub of joint programmes between Instruct Centres that support new technical and technological approaches that enable better integration across structural biology technologies;

| f) | the coordination of programmes with companies that develop innovative structural biology technologies enabling their effective uptake by Instruct Centres, making these available for access to academic and industrial researchers in Europe; |
| --- | --- |

f)

the coordination of programmes with companies that develop innovative structural biology technologies enabling their effective uptake by Instruct Centres, making these available for access to academic and industrial researchers in Europe;

| g) | the bridging of structural, cell and systems biology communities by coordinating joint actions including meetings, conferences and workshops; |
| --- | --- |

g)

the bridging of structural, cell and systems biology communities by coordinating joint actions including meetings, conferences and workshops;

| h) | any other related action that helps strengthen research in the European Research Area. |
| --- | --- |

h)

any other related action that helps strengthen research in the European Research Area.

3.   Instruct-ERIC shall construct and operate on a non-economic basis, in order to further promote innovation as well as transfer of knowledge and technology. Limited economic activities may be carried out provided that they are closely related to its principal mission and that they do not jeopardise the achievements thereof.

Article 5

Review and Funding of Instruct-ERIC

1.   The past achievements and future plans of Instruct and the effectiveness of the Instruct-ERIC shall undergo a formal review every five years in accordance with Annex 5 to help determining the value and impact of the joint investment, the scale and shape of future funding, and future membership.

2.   The Council shall be responsible for approving the requirements and timetable for the review.

3.   The Director shall be responsible for preparing and submitting the review report, drawing upon input from the Instruct Centres, the Independent Scientific Advisory Board (ISAB) and others where appropriate. The future investment of Instruct-ERIC and the financial contributions requested of Members as provided for in Article 10 shall be determined by the outcome of these reviews and shall be fixed for periods of five years and shall not be increased in between without unanimous approval by the Council in accordance with Article 13.

4.   The Council shall set the review timetable so that the outcome is available to the Members in sufficient time to allow them to decide on their future membership before the next five year funding period starts.

CHAPTER 2

MEMBERSHIP

Article 6

Membership

1.   The following entities may become Members of Instruct-ERIC as set out in the Council Regulation (EC) No 723/2009:

| a) | Member States of the European Union (‘Member States’); |
| --- | --- |

a)

Member States of the European Union (‘Member States’);

| b) | Associated Countries of the European Union (‘Associated Countries’); |
| --- | --- |

b)

Associated Countries of the European Union (‘Associated Countries’);

| c) | third countries other than Associated Countries (‘Third Countries’); |
| --- | --- |

c)

third countries other than Associated Countries (‘Third Countries’);

| d) | Intergovernmental Organisations. |
| --- | --- |

d)

Intergovernmental Organisations.

Conditions for admission of Members and Observers are specified in Article 7.

2.   The membership of Instruct-ERIC shall include at least one Member State and two other countries that are either Member States or Associated Countries. Further Member States, Associated Countries, third countries other than Associated Countries and Intergovernmental Organisations may join at any time according to the procedures in Article 7.

3.   Member States and Associated Countries shall jointly hold the majority of the voting rights in the Council, in accordance with EU Council amending Regulation (EC) No 723/2009 and Article 13 of the Statutes. The Members, Observers and their Representing Entities are listed in Annex 1.

Article 7

Admission of Members and Observers

1.   Member States and Associated Countries, third countries other than Associated Countries and Intergovernmental Organisations can apply at any time on equal terms for membership of Instruct-ERIC. The terms for admission of new Members shall be the following:

| a) | applicants for membership shall submit a written application to the Chair of the Council; |
| --- | --- |

a)

applicants for membership shall submit a written application to the Chair of the Council;

| b) | the membership application shall describe how the applicant will contribute to the Instruct-ERIC objectives and tasks described in Article 4 and how it will fulfil the obligations described in Article 10; |
| --- | --- |

b)

the membership application shall describe how the applicant will contribute to the Instruct-ERIC objectives and tasks described in Article 4 and how it will fulfil the obligations described in Article 10;

| c) | the admission of new Members shall require the approval of the Council in accordance with Article 13; and |
| --- | --- |

c)

the admission of new Members shall require the approval of the Council in accordance with Article 13; and

| d) | Members shall commit to a minimum of five years of minimum membership period to Instruct-ERIC. |
| --- | --- |

d)

Members shall commit to a minimum of five years of minimum membership period to Instruct-ERIC.

2.   Entities listed in Article 6 that wish to contribute to the Instruct-ERIC, but are not yet able to become Members, may apply for Observer status. The terms for admission of Observers shall be the following:

| a) | Observers shall be admitted for a two year period. An Observer may apply for a one year extension of Observer status; |
| --- | --- |

a)

Observers shall be admitted for a two year period. An Observer may apply for a one year extension of Observer status;

| b) | Candidates for Observer status shall submit a written submission to the Chair of the Council. The submission shall provide a timetable and key steps towards Membership. Observers may apply at any time for Membership. |
| --- | --- |

b)

Candidates for Observer status shall submit a written submission to the Chair of the Council. The submission shall provide a timetable and key steps towards Membership. Observers may apply at any time for Membership.

Article 8

Withdrawal of a Member or Observer

1.   A Member may withdraw from Instruct-ERIC at any time upon at least six months prior written notice to the Council, and after a minimum two years of Membership. If notice is served by 30 June in any year, withdrawal comes into effect at the end of the same financial year in which notice has been given, namely on 31st December. If notice is served after 30th June, then the Member is committed to paying membership fees and contributing to Instruct-ERIC activities until withdrawal comes into effect on 31st December the following year. Once membership has been terminated, no further membership fees will be payable.

2.   A Member who withdraws shall continue to contribute to Instruct-ERIC activities and Instruct-ERIC budget until withdrawal is effective. Prior to withdrawal, any Instruct-ERIC purchased assets of the withdrawing Member should be identified, ownership clarified and if appropriate returned to the Instruct Hub.

3.   Members that withdraw shall neither have right to restitution or reimbursement of any contributions made, nor the right to lay any claim to the assets of Instruct-ERIC.

4.   An Observer can withdraw at any time by written notice to the Council.

Article 9

Termination of a Member or Observer

1.   The Council shall have the power to terminate the membership of a Member if the following conditions are met in accordance with Article 13:

| a) | the Member is in serious breach of one or more of its obligations under the Statutes; and |
| --- | --- |

a)

the Member is in serious breach of one or more of its obligations under the Statutes; and

| b) | the Member has failed to rectify such breach within a period of six months after notification. |
| --- | --- |

b)

the Member has failed to rectify such breach within a period of six months after notification.

2.   The Member shall be given the opportunity to present its position to the Council before a decision is made. A terminated Member shall continue to contribute to Instruct-ERIC activities and Instruct-ERIC budget until withdrawal has become effective.

3.   After the termination decision has been made, Members shall neither have right to restitution or reimbursement of any contributions made, nor the right to lay any claim to the assets of Instruct-ERIC.

4.   The Council may terminate participation of an Observer in the Council at any time by written notice if the Observer is no longer committed to the objectives of Instruct-ERIC as defined by the Statutes.

CHAPTER 3

RIGHTS AND OBLIGATIONS OF THE MEMBERS AND OBSERVERS

Article 10

Members

1.   Rights of Members shall include:

| a) | attendance and voting rights at the Council as defined in Article 13; |
| --- | --- |

a)

attendance and voting rights at the Council as defined in Article 13;

| b) | access to the infrastructure at Instruct Centres subject to the access procedure, training courses and workshops, and other activities; and |
| --- | --- |

b)

access to the infrastructure at Instruct Centres subject to the access procedure, training courses and workshops, and other activities; and

| c) | use of the Instruct-ERIC brand in accordance with agreed brand guidelines. |
| --- | --- |

c)

use of the Instruct-ERIC brand in accordance with agreed brand guidelines.

2.   Each Member shall:

| a) | pay the annual Membership contribution as specified in Annex 2 or calculated under any other mechanism approved by the Council under Article 13; |
| --- | --- |

a)

pay the annual Membership contribution as specified in Annex 2 or calculated under any other mechanism approved by the Council under Article 13;

| b) | appoint up to two delegates who will represent the Member on the Council; |
| --- | --- |

b)

appoint up to two delegates who will represent the Member on the Council;

| c) | empower its delegates with the full authority to vote on all issues raised during meetings of the Council and included in the agenda subject to the provision of the one vote per Member rule; |
| --- | --- |

c)

empower its delegates with the full authority to vote on all issues raised during meetings of the Council and included in the agenda subject to the provision of the one vote per Member rule;

| d) | make best efforts to support an Instruct Centre that it hosts, subject to internal review and investment procedures, to allow it to discharge its commitments as defined when appointed. These commitments shall be set out in detail within a Service Level Agreement between the Instruct Centre's host institution and the Instruct-ERIC; |
| --- | --- |

d)

make best efforts to support an Instruct Centre that it hosts, subject to internal review and investment procedures, to allow it to discharge its commitments as defined when appointed. These commitments shall be set out in detail within a Service Level Agreement between the Instruct Centre's host institution and the Instruct-ERIC;

| e) | acknowledge the expectation that Members should host an Instruct Centre in accordance with Annex 3: Criteria for Reviewing Instruct Centres and as specified in Article 15; and |
| --- | --- |

e)

acknowledge the expectation that Members should host an Instruct Centre in accordance with Annex 3: Criteria for Reviewing Instruct Centres and as specified in Article 15; and

| f) | adopt harmonised standards in national resources and tools development and implementation. |
| --- | --- |

f)

adopt harmonised standards in national resources and tools development and implementation.

Article 11

Observers

1.   Rights of Observers shall include:

| a) | receipt of Council papers, attendance and the right to speak at meetings of the Council, without voting rights; |
| --- | --- |

a)

receipt of Council papers, attendance and the right to speak at meetings of the Council, without voting rights;

| b) | the ability to appoint up to two delegates who may represent the Observer on the Council. |
| --- | --- |

b)

the ability to appoint up to two delegates who may represent the Observer on the Council.

| c) | Observers may apply for Instruct-ERIC access on the same basis as users from outside the Instruct-ERIC Membership as set out in Article 25(5). |
| --- | --- |

c)

Observers may apply for Instruct-ERIC access on the same basis as users from outside the Instruct-ERIC Membership as set out in Article 25(5).

Article 12

Third Parties

In order to stimulate the development and implementation of innovative structural biology infrastructures, Instruct-ERIC shall establish links with Third Parties offering specialized expertise or know-how. Partnerships will be based on agreements specifying the provision and delivery of agreed work or services.

CHAPTER 4

GOVERNANCE AND EXECUTION OF ACTIVITIES OF INSTRUCT-ERIC

Article 13

Council

1.   The Council shall be responsible in accordance with the provisions of these Statutes for the overall direction and supervision of Instruct-ERIC. The Council shall be composed of representatives from the Members (Article 6). Each Member shall be entitled to one vote with all votes being of equal value, subject to Article 13(5) Members absent or abstaining from voting shall be counted as not voting.

2.   Observers attending Council meetings shall have no right to vote.

3.   The Council shall be convened by the Chairperson at least twice per calendar year or at any time at the request of at least three Members.

4.   The Council shall be quorate if at least two thirds of Members are present at a meeting and shall use their best efforts to achieve consensus.

5.   Member States and associated countries shall at all times jointly hold the majority of the voting rights in the Council. If at any time less than half the Members present and voting are Member States or associated countries, then together those Members shall hold 51 % of the voting rights of Instruct-ERIC, with such voting rights being divided equally between those Members. The remainder of the voting rights shall be divided equally between the other Members present and voting who are not Member States or associated countries. If at any time this arises, then in Article 13(1), the reference to one vote shall refer to the voting rights exercisable by a Member in accordance with this Article 13(5).

6.   The following decisions shall require unanimous approval of Members present and voting:

| a) | changes to the model for calculating the financial contributions requested of Members and approval of Member in-kind contributions to support staff within the Instruct Hub as described in Annex 2; |
| --- | --- |

a)

changes to the model for calculating the financial contributions requested of Members and approval of Member in-kind contributions to support staff within the Instruct Hub as described in Annex 2;

| b) | subject to the requirements of Article 11 of Regulation (EC) No 723/2009, proposals for amending the Statutes of the Instruct-ERIC and submission to the European Commission for approval; |
| --- | --- |

b)

subject to the requirements of Article 11 of Regulation (EC) No 723/2009, proposals for amending the Statutes of the Instruct-ERIC and submission to the European Commission for approval;

| c) | changes to the financial contributions requested of Members outside the period determined in Article 5. |
| --- | --- |

c)

changes to the financial contributions requested of Members outside the period determined in Article 5.

| d) | setting the contribution made by Intergovernmental Organisations, in accordance with Annex 2. |
| --- | --- |

d)

setting the contribution made by Intergovernmental Organisations, in accordance with Annex 2.

7.   The following decisions shall require an approval of a two thirds majority of Members present and voting, subject to the requirements defined in Article 13(5):

| a) | elect its Chairperson from among the voting Member representatives following nominations; |
| --- | --- |

a)

elect its Chairperson from among the voting Member representatives following nominations;

| b) | appoint and remove the Director; |
| --- | --- |

b)

appoint and remove the Director;

| c) | admit new Members and Observers; |
| --- | --- |

c)

admit new Members and Observers;

| d) | expel Members and Observers in accordance with Article 9; |
| --- | --- |

d)

expel Members and Observers in accordance with Article 9;

| e) | approve or remove Instruct Centres according to the criteria detailed in Annex 3 to these Statutes; |
| --- | --- |

e)

approve or remove Instruct Centres according to the criteria detailed in Annex 3 to these Statutes;

| f) | wind-up Instruct-ERIC in accordance with Article 30; |
| --- | --- |

f)

wind-up Instruct-ERIC in accordance with Article 30;

| g) | adopt and where necessary amend the Internal Rules of Procedure for operating Instruct-ERIC's governing bodies, subordinate committees and working groups. |
| --- | --- |

g)

adopt and where necessary amend the Internal Rules of Procedure for operating Instruct-ERIC's governing bodies, subordinate committees and working groups.

8.   All other decisions shall require a simple majority of Members present and voting, subject to the requirement defined in Article 13(5). For the avoidance of doubt, a simple majority means more than half of the votes of Members present and voting.

Article 14

Director

1.   The Director shall be appointed by the Council following an open competition and may be removed by the Council in accordance with Article 13. The selection of the appointee shall follow the process set out in Annex 4.

2.   The Director shall be the legal representative of Instruct-ERIC as required in Article 12 of the ERIC Regulation (EC) No 723/2009 and shall be empowered to conclude contracts and conduct other legal and administrative proceedings as appropriate in accordance with the decisions of the Council. The Director shall be located at the Instruct Hub and carry out the day-to-day management of Instruct-ERIC including the management of the staff of the Hub. The Director shall be responsible for the implementation of the decisions by and report to the Council.

3.   The term for the Director shall be five years, renewable, upon agreement of the Council for a further term of five years subject to any lawful earlier termination by the Council.

4.   The Director shall be responsible for the development of the strategy and deliver proposals to the Council, drawing on input from the ISAB, Instruct Centres, Centres General Forum and any other suitable source. The Director shall be responsible for preparing and submitting a full report of past achievements and future plans to help inform the overall quality, impact, and productivity of the Instruct-ERIC investment and whether Members should continue to support its activities for five years in advance.

5.   The Director shall be responsible for identifying additional sources of funding to support Instruct-ERIC Activities, within the framework of limited economic activities outlined in Article 4.

6.   The Director shall appoint staff to the Instruct Hub.

7.   In the event of the Director's post falling vacant, the Chairperson of the Council shall represent Instruct-ERIC in civil actions. In such case, the Council may designate a person whose powers and responsibilities it shall determine, to take the place of the Director until a new Director has been appointed.

Article 15

Instruct Centres and the Centres General Forum

1.   Instruct Centres shall be located within the Member, or legal entity for Intergovernmental Organisations, and provide the infrastructure and expertise to support the tasks and activities of Instruct-ERIC.

2.   New Instruct Centres shall be selected by the Council through independent peer review using criteria set by the Council as provided for in Annex 3.

3.   Instruct Centres shall be evaluated at least once in each five-year period through independent peer review with input from the ISAB against criteria and key performance indicators established by the Council which shall be updated five-yearly as provided for in Annex 3.

4.   Staff from the Instruct Centres, nominated by the Instruct Centre Coordinator to represent access, training and networking activities, are brought together through the Centres General Forum. The Centres General Forum provides a platform for the Centres to discuss issues and provide advice to the Instruct Executive Committee and Council on the development and delivery of Instruct activities. The Centres General Forum has no executive power.

5.   The Centres General Forum shall meet at least once per year at the request of the Executive Committee.

Article 16

Executive Committee

1.   The Council shall appoint an Executive Committee which shall serve to assist the Director in executing his/her responsibilities.

2.   The Executive Committee shall comprise no more than ten individuals drawn from Instruct Centres and shall be chaired by the Director. The Council shall call for nominations from both Members and the Centres General Forum for up to two representatives from their respective Instruct Centres. Appointments shall be made by the Council for a term of two years, renewable once, for a further term of two years, subject to earlier lawful termination. The Council shall ensure that membership on the Executive Committee achieves equitable representation of Centres.

3.   The Director shall convene and chair all meetings of the Executive Committee. The Executive Committee shall meet at least quarterly each year. Meetings may be face-to-face, by telephone or any other practical means as agreed in advance by the Director. Dates of meetings are set and published in advance for each forthcoming operational year, normally with a minimum of two weeks' notice. The Executive Committee shall be tasked by the Director with delivering the Instruct-ERIC activities, as defined by the Council.

4.   The Executive Committee shall be tasked by the Director with all general matters including drawing up proposals for the Council, establishing and modifying annual working plans related to Instruct-ERIC and ensuring consistency, coherence and stability of infrastructure services.

5.   The Executive Committee shall also be responsible for:

| a) | providing information to the Director on fulfilment of Instruct-ERIC's policy objectives and the implementation of its delivery plans; |
| --- | --- |

a)

providing information to the Director on fulfilment of Instruct-ERIC's policy objectives and the implementation of its delivery plans;

| b) | monitoring the composition of advisory committees. Advisory committee appointments shall be adopted by the Council in accordance with Article 13; |
| --- | --- |

b)

monitoring the composition of advisory committees. Advisory committee appointments shall be adopted by the Council in accordance with Article 13;

| c) | providing information on performance of the Instruct Hub; |
| --- | --- |

c)

providing information on performance of the Instruct Hub;

| d) | convening with external parties, forums and conferences and accepting representation from special interest groups as necessary to aid its supporting and reporting role to the Director; |
| --- | --- |

d)

convening with external parties, forums and conferences and accepting representation from special interest groups as necessary to aid its supporting and reporting role to the Director;

| e) | preparing reports for the Director and to any other body or organisation as required or directed; |
| --- | --- |

e)

preparing reports for the Director and to any other body or organisation as required or directed;

| f) | identifying funding opportunities by calls for proposals in order to coordinate the Instruct Centres for the preparation of the proposals to be submitted; and |
| --- | --- |

f)

identifying funding opportunities by calls for proposals in order to coordinate the Instruct Centres for the preparation of the proposals to be submitted; and

| g) | implementing Instruct projects that are funded outside of Instruct-ERIC, are consistent with the Instruct strategic objectives and are supported by one or more Instruct Centres. Projects that may shift the focus away from core activities shall require approval from the Council. |
| --- | --- |

g)

implementing Instruct projects that are funded outside of Instruct-ERIC, are consistent with the Instruct strategic objectives and are supported by one or more Instruct Centres. Projects that may shift the focus away from core activities shall require approval from the Council.

Article 17

Independent Scientific Advisory Board

1.   The ISAB shall be established to advise the Council on any scientific and strategic matters relevant to Instruct-ERIC. The ISAB shall review the performance of the Instruct Centres in order to provide the Council with recommendations of approval or removal of research facilities as Instruct Centres and with advice on progress and future strategic and scientific goals, needs, opportunities, taking account of the global context.

2.   The ISAB shall comprise a minimum of five and a maximum of eight scientific and technical experts appointed by the Council. The ISAB shall elect a Chairperson from its members by simple majority. The mandate of the appointed Chairperson shall be automatically extended so that they can fulfil their term in the Chair. The ISAB members shall not be directly involved in the management of Instruct-ERIC, and shall be usually experts from outside Europe. Members of the ISAB may be proposed to the Council by the Director. Any potential conflicts of interest should be declared before consideration by the Council. Members of the ISAB are appointed for a three year term, renewable once, by one to three years. Members of the ISAB shall be required to sign a non-disclosure agreement no later than thirty days after their nomination or before any confidential information is exchanged, whichever date is earlier.

3.   The ISAB shall meet at least once per year to assess the overall scientific and strategic progress made by Instruct-ERIC against its scientific vision and other challenges.

4.   Members of the ISAB shall be reimbursed by Instruct-ERIC for reasonable travel and accommodation expenses, as directed by the Council.

Article 18

Instruct Groups

1.   The Council may establish further committees, working groups and advisory boards, if deemed necessary, and define their assignment and mandate.

Article 19

Instruct Hub and Staff

1.   The Instruct Hub shall be the central management office for daily operations of the Instruct-ERIC. It supports the day-to-day management of the Instruct-ERIC, including assistance to the Council. It shall be set up and managed by the Director as provided for in Article 14.

2.   The Instruct Hub shall:

| a) | provide the necessary day-to-day administrative and financial management and report activities via the Director to the Council; |
| --- | --- |

a)

provide the necessary day-to-day administrative and financial management and report activities via the Director to the Council;

| b) | centrally coordinate Instruct-ERIC activities undertaken by the Instruct Centres and provide support resources to the Instruct Centres as applicable; |
| --- | --- |

b)

centrally coordinate Instruct-ERIC activities undertaken by the Instruct Centres and provide support resources to the Instruct Centres as applicable;

| c) | further develop, update and maintain the infrastructure organisation, procedures, documentation, communications and ensure that Instruct-ERIC maintains the capacity to effectively deliver high quality services and activities. |
| --- | --- |

c)

further develop, update and maintain the infrastructure organisation, procedures, documentation, communications and ensure that Instruct-ERIC maintains the capacity to effectively deliver high quality services and activities.

3.   Subject to approval of the Council, staff of the Instruct-ERIC Hub may be seconded from personnel of Instruct Centres forming a functional link between the Instruct Hub and the Instruct Centres.

CHAPTER 5

FINANCE

Article 20

Budgeting Principles and Accounts

1.   The financial year of Instruct-ERIC shall be a calendar year.

2.   A yearly forecast and expenditure accounted against forecast within each financial year budget are presented by the Director to the Council.

3.   Instruct-ERIC accounts shall be audited by an independent auditing authority in accordance with applicable laws and regulations. The audit reports shall be presented to the Council along with a report on Instruct-ERIC activities and financial management.

4.   Instruct-ERIC shall operate within the principles of sound financial management and be subject to the requirements of the applicable law as regards the preparation, filing, auditing and publication of accounts.

5.   Instruct-ERIC shall record the costs and revenues of any economic activities separately.

Article 21

Liability

1.   Instruct-ERIC shall be liable for its debts.

2.   The Members are not jointly liable for the debts of Instruct-ERIC.

3.   Each Member's financial liability for Instruct-ERIC's debts and liabilities shall be limited to their respective contributions provided to Instruct-ERIC as set out in Annex 2.

4.   Instruct-ERIC shall take appropriate insurance to cover the risks specific to the construction and operation of Instruct-ERIC.

CHAPTER 6

REPORTING TO THE COMMISSION

Article 22

Reporting to the Commission

1.   Instruct-ERIC shall produce an annual activity report containing in particular the scientific, operational and financial aspects of its activities. The report shall be prepared by the Director with assistance of the Executive Committee, approved by the Council and transmitted to the Commission and relevant public authorities within six months from the end of the corresponding financial year. After approval, the report shall be made publicly available through the Instruct-ERIC website.

2.   Instruct-ERIC shall inform the Commission of any circumstances which threaten to seriously jeopardise the achievement of the Instruct-ERIC tasks or hinder Instruct-ERIC from fulfilling requirements laid down in the ERIC Regulation.

CHAPTER 7

POLICIES

Article 23

General

1.   Instruct-ERIC shall hold and update policies covering various procedures and processes related to Instruct-ERIC operations according to Article 10 of Regulation (EC) No 723/2009. Policy documents are held by the Instruct Hub and shall be publicly available on the Instruct-ERIC website.

Article 24

Procurement Policy and Tax Exemption

1.   The Council shall approve detailed rules on procurement procedures and criteria which Instruct-ERIC shall be obliged to follow. This procurement policy shall respect the principles of transparency, proportionality, mutual recognition, equal treatment and non-discrimination.

2.   VAT and Excise duty exemptions based on Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (1) and in accordance with Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax (2) and on Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC (3) on the general arrangements for products subject to excise duty, shall be limited to purchases by Instruct-ERIC and by members of Instruct-ERIC of goods and services for the official and exclusive use of Instruct-ERIC and made solely for the non-economic activities of Instruct-ERIC in line with its activities. VAT and Excise duty exemptions shall be limited to purchases exceeding the value of EUR 300.

Article 25

Access Policy

1.   Each Member hosting one or more Instruct Centre shall provide infrastructure access, subject to the approved access procedure, to successful applicant(s). Each Instruct Centre shall identify the fraction of their infrastructure capacity that is made available for Instruct-approved access projects. Approval of Instruct-ERIC access proposals is granted by the Access Committee based on the international expert review driven by scientific excellence first, also taking account of technical and operational feasibility.

2.   The delivery of access services shall be overseen by the Director taking into account:

| a) | the scientific (peer) review of the project; |
| --- | --- |

a)

the scientific (peer) review of the project;

| b) | the logistic assessment performed by the Instruct Centre(s) involved on the technical feasibility of the project, the expected timeline and scheduling of the work at the Centre; and |
| --- | --- |

b)

the logistic assessment performed by the Instruct Centre(s) involved on the technical feasibility of the project, the expected timeline and scheduling of the work at the Centre; and

| c) | the resources made available, financial and in-kind, by the Instruct Centre and the Instruct Hub to support the requested access, specifically the capacity for Instruct access at the requested Instruct Centre, and sufficient central access funds, managed by the Instruct Hub. |
| --- | --- |

c)

the resources made available, financial and in-kind, by the Instruct Centre and the Instruct Hub to support the requested access, specifically the capacity for Instruct access at the requested Instruct Centre, and sufficient central access funds, managed by the Instruct Hub.

3.   Instruct-ERIC shall accept proposals from any user for access to Instruct-ERIC infrastructure.

4.   Instruct-ERIC shall ensure open access for researchers from institutions in the Members includes access to data, tools and services offered by Instruct Centres. Member users shall be eligible to apply for Instruct-ERIC funded access to infrastructure, training courses, workshops, attendance at conferences or any other activity offered and supported by Instruct-ERIC. Access to data and tools shall be governed by the Instruct-ERIC Data Management and Biologicals Policies and in the case of collaborative work, agreement between all users, as defined in Article 27.

5.   Users from non-Members may apply for access using the proposal system. For academic or pre-competitive research, an academic fee will be charged for access. Academic fees may also be charged to non-commercial users requesting access through an Intergovernmental Organisation and that are not located in one of the Members.

6.   Users requesting access to Instruct infrastructure for proprietary research shall be charged a commercial fee for access. In this case, the data arising from access will belong to the user and there shall be no obligation to disclose or publish it.

7.   Priority for access shall always be given to the Members.

8.   Users of Instruct-ERIC infrastructure for non-proprietary research shall agree to publish the data arising from the access and make the data publicly available.

Article 26

Dissemination Policy

1.   Instruct-ERIC shall be a facilitator of research and shall as a general rule encourage as free access as possible to research data. Irrespective of this principle Instruct-ERIC shall promote high quality research and shall support a culture of ‘best practice’ through training activities.

2.   Instruct-ERIC shall generally encourage researchers to make their research results publicly available and shall request all users to acknowledge Instruct-ERIC accordingly.

3.   The dissemination policy shall describe the various target groups, and Instruct-ERIC shall use several channels to reach the target audiences, such as web portals, newsletter, workshops, presence in conferences, articles in magazines, daily newspapers and social media.

4.   Publications arising from Instruct-ERIC supported activities should acknowledge the support of staff and the use of experimental resources of Instruct-ERIC.

Article 27

Data Management, Intellectual Property and Biologicals Policies

1.   Generally open source and open access principles shall be favoured.

2.   All data generated as a result of Instruct-ERIC activities should, in the first case, remain the property of the originating scientist or his/her employing institution. Subject to pre-existing obligations including to various establishments, grant funding agencies or other third parties, Users of Instruct infrastructure may require agreements on intellectual property rights to be in place before work commences. Intellectual property protection for the Users shall be the sole responsibility of the users.

3.   Where access to Instruct-ERIC infrastructure is provided for collaborative projects, the users shall agree shared ownership of experimental data or materials prior to commencement of the access work. Shared intellectual property protection for all users in the collaborative work is the responsibility of the users.

4.   Instruct-ERIC shall provide guidance in the form of its Data Management and Biologicals Policies to users of Instruct-ERIC infrastructure to ensure that research undertaken using material made accessible through Instruct-ERIC shall be undertaken within a framework that recognizes, to the extent applicable under the laws and regulations of its host country, the rights of data owners and privacy of individuals, and ownership of data and tools generated as a result of Instruct-ERIC activity must be clearly defined.

5.   Instruct-ERIC shall ensure that users agree to the terms and conditions governing access and that suitable security arrangements are in place regarding internal storage and handling of data.

6.   The Council shall define a process for investigating allegations of security breaches, confidentiality disclosures and other ethical issues regarding research data.

7.   Any innovation regarding the experimental technology and resulting from the use of the facility for Instruct activities remains the entire property of the hosting facility provided it is committed to offer this new potential improvement of its experimental capacities to any future user. In the event that a user played a significant role in the development, there should be agreement between the parties on the joint accreditation of the work that could be exploited.

Article 28

Employment Policy

1.   Instruct-ERIC may employ staff which shall be appointed and dismissed by the Director.

2.   The Council shall approve the staff plan prepared by the Director while approving the workplan.

3.   The Director shall provide the Council with information in advance on employment vacancies and the staff plan. The Council shall decide which positions require its approval in terms of selected candidates.

4.   The selection procedures for Instruct-ERIC staff positions shall be transparent, non-discriminatory, respect equal job opportunities and affirmative action consistent with the applicable labour laws. Where employment contracts are offered, these shall follow the national laws of the country in which staff are employed.

CHAPTER 8

DURATION, WINDING UP, DISPUTES, SET UP PROVISIONS

Article 29

Duration

1.   Instruct-ERIC shall exist for an indefinite period of time. It may be wound-up in accordance with Article 30.

Article 30

Winding up

1.   The winding up of Instruct-ERIC shall follow a decision of the Council in accordance with Article 13.

2.   Without undue delay and in any event within 10 days after adoption of the decision to wind up Instruct-ERIC and again on closure of Instruct-ERIC, Instruct-ERIC shall notify the European Commission about the decision.

3.   Assets remaining after payment of Instruct-ERIC debts shall be apportioned among the Members in proportion to their accumulated annual in-cash contribution to Instruct-ERIC. Liabilities remaining after winding up, including Instruct-ERIC assets, shall be apportioned among the Members in proportion to their accumulated annual in-cash contribution to Instruct-ERIC and not exceeding the amount of one annual contribution.

4.   Instruct-ERIC shall cease to exist on the day on which the European Commission publishes the appropriate notice in the Official Journal of the European Union.

Article 31

Applicable Law

1.   Instruct-ERIC shall be governed, by precedence:

| a) | by European Union law, in particular the ERIC Regulation and the decisions referred to in Article 6(1) and 11(1) of the Regulation; |
| --- | --- |

a)

by European Union law, in particular the ERIC Regulation and the decisions referred to in Article 6(1) and 11(1) of the Regulation;

| b) | by the law of the Host Country in case of a matter not covered (or only partly covered) by European Union law; and |
| --- | --- |

b)

by the law of the Host Country in case of a matter not covered (or only partly covered) by European Union law; and

| c) | by these Statutes and implementing rules. |
| --- | --- |

c)

by these Statutes and implementing rules.

Article 32

Disputes

1.   The Members shall as far as possible try to settle by amicable means any disputes which may arise from the interpretation or application of these Statutes.

2.   The Court of Justice of the European Union shall have jurisdiction over litigation among the Members in relation to Instruct-ERIC, between Members and Instruct-ERIC and over any litigation to which the EU is a party.

Article 33

Statutes

1.   The Statutes shall be kept up to date and made publicly available on the Instruct-ERIC website and at the statutory seat.

2.   Any amendment of the Statutes shall be by unanimous decision of the Council in accordance with Article 13 and subject to the provisions laid down in Article 11 of Regulation (EC) No 723/2009 and the procedure followed for its adoption.

Article 34

Setting-up Provisions

1.   A constitutional meeting of the Council shall be called by the Host Country as soon as possible but no later than forty-five calendar days after the Commission decision to set up Instruct-ERIC takes effect.

2.   The Host Country shall notify the Founding Members of any specific urgent legal action that needs to be taken on behalf of Instruct-ERIC before the constitutional meeting is held. Unless a Founding Member objects within five working days after being notified, the legal action shall be carried out by a person duly authorised by the Host Country.

---

(1)  Articles 143(1)(g) and 151(1)(b) (OJ L 347, 11.12.2006, p. 1).

(2)  Articles 50 and 51 (OJ L 77, 23.3.2011, p. 1).

(3)  OJ L 9, 14.1.2009, p. 12.

---

ANNEX 1

List of Members and Observers

In this Annex the Members and Observers, and the entities representing them are listed. Annex 1 shall be updated by the Director after revocation or withdrawal, or after admission of Members or Observers.

Members

| Country or Intergovernmental Organisation | Official Representing Entity(ies) |
| --- | --- |
| The Kingdom of Belgium | Belgian Federal Science Policy Office (BELSPO) |
| The Czech Republic | Ministry of Education, Youth and Sports (MSMT) |
| The Kingdom of Denmark | Danish Agency for Science, Technology and Innovation (DASTI) |
| The French Republic | Ministère de l’Éducation nationale de l’enseignement supérieur et de la recherché (MENESR) |
| The State of Israel | Ministry of Science, Technology and Space (MOST) |
| The Italian Republic | Ministry of Education, Universities and Research (MIUR) |
| The Kingdom of the Netherlands | Netherlands Organisation for Scientific Research (NWO) |
| The Portuguese Republic | Instituto de Tecnologia Química e Biológica da Universidade Nova de Lisboa (ITQB-UNL) |
| The Slovak Republic | Ministry of Education, Science, Research and Sport |
| The United Kingdom of Great Britain and Northern Ireland | Medical Research Council UK (MRC UK) |

Country or Intergovernmental Organisation

Official Representing Entity(ies)

The Kingdom of Belgium

Belgian Federal Science Policy Office (BELSPO)

The Czech Republic

Ministry of Education, Youth and Sports (MSMT)

The Kingdom of Denmark

Danish Agency for Science, Technology and Innovation (DASTI)

The French Republic

Ministère de l’Éducation nationale de l’enseignement supérieur et de la recherché (MENESR)

The State of Israel

Ministry of Science, Technology and Space (MOST)

The Italian Republic

Ministry of Education, Universities and Research (MIUR)

The Kingdom of the Netherlands

Netherlands Organisation for Scientific Research (NWO)

The Portuguese Republic

Instituto de Tecnologia Química e Biológica da Universidade Nova de Lisboa (ITQB-UNL)

The Slovak Republic

Ministry of Education, Science, Research and Sport

The United Kingdom of Great Britain and Northern Ireland

Medical Research Council UK (MRC UK)

Observers

| Country or Intergovernmental Organisation | Official Representing Entity(ies) |
| --- | --- |
| The Hellenic Republic | Greek General Secretariat for Research and Technology (GSRT) |
| The Kingdom of Spain | Ministerio de Economia y Competitividad (MINECO) |
| The Kingdom of Sweden | Swedish Research Council (SRC) |
| The European Molecular Biology Laboratory (EMBL) | |

Country or Intergovernmental Organisation

Official Representing Entity(ies)

The Hellenic Republic

Greek General Secretariat for Research and Technology (GSRT)

The Kingdom of Spain

Ministerio de Economia y Competitividad (MINECO)

The Kingdom of Sweden

Swedish Research Council (SRC)

The European Molecular Biology Laboratory (EMBL)

---

ANNEX 2

Financial contribution

Principles

A Financial Model describes the cash income projections for the Instruct-ERIC. For the first five year period of Instruct-ERIC, the principles described below shall be used to calculate the annual cash contribution and record in-kind contributions by the Members. The Council may determine any revision of these principles.

| 1. | The annual contribution for each Member country shall be made up of a membership fee and an in-kind contribution. |
| --- | --- |

1.

The annual contribution for each Member country shall be made up of a membership fee and an in-kind contribution.

| 2. | The amounts of cash contribution shall be proposed by the Director, drawing guidance from the Executive Committee in accordance with Article 16(5) and approved by the Council in accordance with Article 13. |
| --- | --- |

2.

The amounts of cash contribution shall be proposed by the Director, drawing guidance from the Executive Committee in accordance with Article 16(5) and approved by the Council in accordance with Article 13.

| 3. | The cash contribution shall support the activities in Instruct-ERIC. |
| --- | --- |

3.

The cash contribution shall support the activities in Instruct-ERIC.

| 4. | The in-kind contributions from Members through their Instruct Centre investments, which will not be measured in terms of monetary value, will provide the Instruct Centre facility including its general running costs and the support staff required for Instruct-ERIC activities. |
| --- | --- |

4.

The in-kind contributions from Members through their Instruct Centre investments, which will not be measured in terms of monetary value, will provide the Instruct Centre facility including its general running costs and the support staff required for Instruct-ERIC activities.

| 5. | Observers of the Instruct-ERIC shall not be required to make a contribution, other than to support their travel to meetings and participate in nominated Instruct-ERIC activities. |
| --- | --- |

5.

Observers of the Instruct-ERIC shall not be required to make a contribution, other than to support their travel to meetings and participate in nominated Instruct-ERIC activities.

| 6. | Observers and Third Parties from outside the membership of Instruct-ERIC may contribute to Instruct-ERIC according to specific agreements approved by Council. |
| --- | --- |

6.

Observers and Third Parties from outside the membership of Instruct-ERIC may contribute to Instruct-ERIC according to specific agreements approved by Council.

| 7. | Annual contributions must be received by the Instruct-ERIC in each financial year according to a financial schedule laid down by Council. |
| --- | --- |

7.

Annual contributions must be received by the Instruct-ERIC in each financial year according to a financial schedule laid down by Council.

| 8. | Each Member shall commit to a five year Membership fee, subject to Article 7 and in accordance with the timetable for reviewing Instruct provided for in Annex 3 and agreeing future funding and membership commitments in accordance with Article 10 and Annex 5. Contributions shall include an annual increase of 2 % in order to compensate for inflation. The cash contribution for each Member shall be determined according to its inclusion in one of three tiered contribution groups. The groups (A, B and C) are in turn determined by the number of researchers in Science and Technology (HRST) as a proportion of the total national population of working age (1). The tiered groups are:






  a. | Group A (> 750 000 HRST/country population) |
| --- | --- | --- |

8.

Each Member shall commit to a five year Membership fee, subject to Article 7 and in accordance with the timetable for reviewing Instruct provided for in Annex 3 and agreeing future funding and membership commitments in accordance with Article 10 and Annex 5. Contributions shall include an annual increase of 2 % in order to compensate for inflation. The cash contribution for each Member shall be determined according to its inclusion in one of three tiered contribution groups. The groups (A, B and C) are in turn determined by the number of researchers in Science and Technology (HRST) as a proportion of the total national population of working age (1). The tiered groups are:

a.

Group A (> 750 000 HRST/country population)

| b. | Group B (100 000-750 000 HRST/country population) |
| --- | --- |

b.

Group B (100 000-750 000 HRST/country population)

| c. | Group C (< 100 000 HRST/country population) |
| --- | --- |

c.

Group C (< 100 000 HRST/country population)

| 9. | Contributions from Intergovernmental Organisations shall be determined on a case by case basis, as agreed by Council in accordance with Article 13, and shall be no less than the minimum tariff for a Group C member. |
| --- | --- |

9.

Contributions from Intergovernmental Organisations shall be determined on a case by case basis, as agreed by Council in accordance with Article 13, and shall be no less than the minimum tariff for a Group C member.

| 10. | The cash contributions shall be set according to the Financial Model and in the first five years are: Group A EUR 100 000 pa; Group B EUR 75 000 pa; Group C EUR 50 000 pa with inflation adjustments shown in this annex in the table below. |
| --- | --- |

10.

The cash contributions shall be set according to the Financial Model and in the first five years are: Group A EUR 100 000 pa; Group B EUR 75 000 pa; Group C EUR 50 000 pa with inflation adjustments shown in this annex in the table below.

| 11. | For the recruitment of Instruct Hub staff, Members shall be invited to propose candidates. These will be selected in accordance with Article 28. Full salary costs will either be paid by the Instruct-ERIC or by the Member. In the case of the latter, and with the explicit approval of Council, the in-kind contribution shall be subtracted from the annual membership fees. |
| --- | --- |

11.

For the recruitment of Instruct Hub staff, Members shall be invited to propose candidates. These will be selected in accordance with Article 28. Full salary costs will either be paid by the Instruct-ERIC or by the Member. In the case of the latter, and with the explicit approval of Council, the in-kind contribution shall be subtracted from the annual membership fees.

The calculated cash contributions (kEUR) for each Member for years 1-5 of Instruct-ERIC are shown below:

| | Annual cash contribution | |
| --- | --- | --- |
| | yr 1 (kEUR) | yr 2 (2 % inf) | yr 3 (2 % inf) | yr 4 (2 % inf) | yr 5 (2 % inf) |
| Member country | total pop (mill)# | Group | HRSTResearchers(25-64y; 2012 (*1) | %HRST/m pop | Min cash | extra contribution payable based on Group | total cash contribution | | | | | 5yr cash total |
| UK | 63 495 303 | A | 1 365 000 | 2,15 % | 50 | 50 | 100,00 | 102,00 | 104,04 | 106,12 | 108,24 | 520,40 |
| FR | 65 276 983 | A | 930 000 | 1,42 % | 50 | 50 | 100,00 | 102,00 | 104,04 | 106,12 | 108,24 | 520,40 |
| IT | 59 394 207 | B | 417 000 | 0,70 % | 50 | 25 | 75,00 | 76,50 | 78,03 | 79,59 | 81,18 | 390,30 |
| BE | 11 094 850 | B | 159 000 | 1,43 % | 50 | 25 | 75,00 | 76,50 | 78,03 | 79,59 | 81,18 | 390,30 |
| NL | 16 730 348 | B | 152 000 | 0,91 % | 50 | 25 | 75,00 | 76,50 | 78,03 | 79,59 | 81,18 | 390,30 |
| IL | 7 870 000 | B | 125 920 | 1,60 % | 50 | 25 | 75,00 | 76,50 | 78,03 | 79,59 | 81,18 | 390,30 |
| CZ | 10 505 445 | C | 91 000 | 0,87 % | 50 | 0 | 50,00 | 51,00 | 52,02 | 53,06 | 54,12 | 260,20 |
| PT | 10 542 398 | C | 53 000 | 0,50 % | 50 | 0 | 50,00 | 51,00 | 52,02 | 53,06 | 54,12 | 260,20 |
| DK | 5 614 000 | C | 47 000 | 0,84 % | 50 | 0 | 50,00 | 51,00 | 52,02 | 53,06 | 54,12 | 260,20 |
| | | | | | 450 | | 650,00 | 663 | 676,26 | 689,79 | 703,58 | 3 382,63 |
| Costs to be included in calculation of the in-kind contribution per country

  For each Instruct Centre hosted within your country, calculate the following costs proportionate for the amount of access made available for Instruct users (this is usually between 10-20 %, but you should know your own proportionate access offer)






  a) | maintenance and servicing costs for instrumentation |

Annual cash contribution

yr 1 (kEUR)

yr 2 (2 % inf)

yr 3 (2 % inf)

yr 4 (2 % inf)

yr 5 (2 % inf)

Member country

total pop (mill)#

Group

HRSTResearchers(25-64y; 2012 (*1)

%HRST/m pop

Min cash

extra contribution payable based on Group

total cash contribution

5yr cash total

UK

63 495 303

A

1 365 000

2,15 %

50

50

100,00

102,00

104,04

106,12

108,24

520,40

FR

65 276 983

A

930 000

1,42 %

50

50

100,00

102,00

104,04

106,12

108,24

520,40

IT

59 394 207

B

417 000

0,70 %

50

25

75,00

76,50

78,03

79,59

81,18

390,30

BE

11 094 850

B

159 000

1,43 %

50

25

75,00

76,50

78,03

79,59

81,18

390,30

NL

16 730 348

B

152 000

0,91 %

50

25

75,00

76,50

78,03

79,59

81,18

390,30

IL

7 870 000

B

125 920

1,60 %

50

25

75,00

76,50

78,03

79,59

81,18

390,30

CZ

10 505 445

C

91 000

0,87 %

50

0

50,00

51,00

52,02

53,06

54,12

260,20

PT

10 542 398

C

53 000

0,50 %

50

0

50,00

51,00

52,02

53,06

54,12

260,20

DK

5 614 000

C

47 000

0,84 %

50

0

50,00

51,00

52,02

53,06

54,12

260,20

450

650,00

663

676,26

689,79

703,58

3 382,63

Costs to be included in calculation of the in-kind contribution per country

For each Instruct Centre hosted within your country, calculate the following costs proportionate for the amount of access made available for Instruct users (this is usually between 10-20 %, but you should know your own proportionate access offer)

a)

maintenance and servicing costs for instrumentation

| b) | staff costs for running/support of facility |
| --- | --- |

b)

staff costs for running/support of facility

| c) | other running costs (basic building facilities costs, electricity, water, in house support services etc) |
| --- | --- |

c)

other running costs (basic building facilities costs, electricity, water, in house support services etc)

| d) | the value, in whole or part, of eligible capital items (new purchases) or non-capital items that are essential to provide the Instruct infrastructure service. |
| --- | --- |

d)

the value, in whole or part, of eligible capital items (new purchases) or non-capital items that are essential to provide the Instruct infrastructure service.

Cat A (>750K HRST) = 50K extra; Cat B (>100K to 750K HRST) = 25K extra; Cat C (≤100K HRST) = 0K extra cash contribution

---

(1)  Eurostat http://appsso.eurostat.ec.europa.eu/nui/show.do?wai=true&dataset=hrst_st_nfieocc (field: science, mathematics and computing; age: 25-64yrs); IL data from www.oecd.org/sti/msti.htm ISCO-3 categories % of total employment.

(*1)  HRST data from Eurostat hrst_st_nfieocc 2012 data

Employed HRST with tertiary education by age, field of education and occupation.

(http://appsso.eurostat.ec.europa.eu/nui/submitViewTableAction.do)Science, Maths, computing; 25-64yrs; 2012 data

IL data from www.oecd.org/sti/msti.htm ISCO-3 categories %of total employment.

# population numbers: http://ec.europa.eu/eurostat/tgm/table.do?tab=table&init=1&plugin=1&pcode=tps00001&language=en

---

ANNEX 3

Criteria for reviewing Instruct Centres

Instruct Centres provide the infrastructure and expertise which defines and forms the core of Instruct-ERIC.

The Council shall consider the establishment of new Centres through proposals from existing Members or through a published call for applications from Members.

The criteria for selection of new Instruct Centres provided by Members are:

| — | Provide a demonstrable commitment to provide access to technologies and necessary technical support that are central to the vision of Instruct and essential for its success; |
| --- | --- |

—

Provide a demonstrable commitment to provide access to technologies and necessary technical support that are central to the vision of Instruct and essential for its success;

| — | Provide technology/expertise of a world-leading standard, demonstrate a track record of scientific collaboration and a significant contribution to its field of research; |
| --- | --- |

—

Provide technology/expertise of a world-leading standard, demonstrate a track record of scientific collaboration and a significant contribution to its field of research;

| — | Add value to existing Centres, e.g. by providing distinctiveness in technology and expertise, or providing enhanced capacity and improved access through geographic location; |
| --- | --- |

—

Add value to existing Centres, e.g. by providing distinctiveness in technology and expertise, or providing enhanced capacity and improved access through geographic location;

| — | Have a firm commitment to provide access at an agreed level that allows Instruct-ERIC projects to be accommodated; |
| --- | --- |

—

Have a firm commitment to provide access at an agreed level that allows Instruct-ERIC projects to be accommodated;

| — | Have endorsement from the applicant Centre’s country or other funding agency to the commitment required to support Instruct (e.g. through Membership of Instruct-ERIC, agreement to underwrite the fixed running costs of the Centre); |
| --- | --- |

—

Have endorsement from the applicant Centre’s country or other funding agency to the commitment required to support Instruct (e.g. through Membership of Instruct-ERIC, agreement to underwrite the fixed running costs of the Centre);

| — | Have experience of integrative technological approaches, be willing to enter pan-European collaborations (scientific) and to collaborate on projects that drive technical development; |
| --- | --- |

—

Have experience of integrative technological approaches, be willing to enter pan-European collaborations (scientific) and to collaborate on projects that drive technical development;

| — | Be willing to comply with Instruct-ERIC policies for Instruct-ERIC related projects. |
| --- | --- |

—

Be willing to comply with Instruct-ERIC policies for Instruct-ERIC related projects.

The quality of the infrastructure provided through existing Instruct Centres including the Access Policy and Procedures shall be reviewed at least once in each five-year period by independent peer review with input from the ISAB against the criteria below, and upon the request of the Council in accordance with Article 15. The Council shall approve or remove Instruct Centres based on this review in accordance with Article 13 and amend the Access Policy if appropriate.

The criteria for renewal of existing Instruct Centres are:

| — | Have provided and can continue to provide technology/expertise of a world-leading standard and to demonstrate a track record of scientific collaboration and a significant contribution to its field of research; |
| --- | --- |

—

Have provided and can continue to provide technology/expertise of a world-leading standard and to demonstrate a track record of scientific collaboration and a significant contribution to its field of research;

| — | Have delivered access to technologies that are demonstrably in demand within the scientific community, including the provision of high quality expert support; |
| --- | --- |

—

Have delivered access to technologies that are demonstrably in demand within the scientific community, including the provision of high quality expert support;

| — | Have participated in the Instruct training programme and contributed activities that add value to Instruct-ERIC; |
| --- | --- |

—

Have participated in the Instruct training programme and contributed activities that add value to Instruct-ERIC;

| — | Have adhered to Instruct-ERIC policies and procedures. |
| --- | --- |

—

Have adhered to Instruct-ERIC policies and procedures.

---

ANNEX 4

Appointment of the Director

1.   Directors duties and responsibilities

The Director’s duties and responsibilities to Instruct-ERIC shall include:

| | Strategy






  — | Strategic leadership to maximise the value of the Instruct partnership; |
| --- | --- | --- |

Strategy

—

Strategic leadership to maximise the value of the Instruct partnership;

| — | Identifying new potential Members and Partners; |
| --- | --- |

—

Identifying new potential Members and Partners;

| — | Identifying and securing new funding from external sources (e.g. European Union); |
| --- | --- |

—

Identifying and securing new funding from external sources (e.g. European Union);

| — | Developing and presenting the case for future core funding through the membership. |
| --- | --- |

—

Developing and presenting the case for future core funding through the membership.

| | Management






  — | Overseeing day-to-day management of Instruct; |
| --- | --- | --- |

Management

—

Overseeing day-to-day management of Instruct;

| — | Overseeing management and recruitment of staff within the Instruct Hub. |
| --- | --- |

—

Overseeing management and recruitment of staff within the Instruct Hub.

| | Promotion






  — | Promoting the work of Instruct across Europe and internationally, and with officials within the European Commission, seeking to ensure that it has a high and positive profile. |
| --- | --- | --- |

Promotion

—

Promoting the work of Instruct across Europe and internationally, and with officials within the European Commission, seeking to ensure that it has a high and positive profile.

| | Monitoring and reporting






  — | Reporting to Council on progress, achievements, new opportunities; |
| --- | --- | --- |

Monitoring and reporting

—

Reporting to Council on progress, achievements, new opportunities;

| — | Assessing, prioritising and managing the risks inherent within the operation of Instruct. Implementing appropriate action and seeking input/authority from Council where necessary. |
| --- | --- |

—

Assessing, prioritising and managing the risks inherent within the operation of Instruct. Implementing appropriate action and seeking input/authority from Council where necessary.

| | Conflicts






  — | Declaring any personal or professional interest or appointment that might impinge on or be perceived by others to impinge on, their impartiality and integrity in making judgements on behalf of the Council; |
| --- | --- | --- |

Conflicts

—

Declaring any personal or professional interest or appointment that might impinge on or be perceived by others to impinge on, their impartiality and integrity in making judgements on behalf of the Council;

2.   Location

The Director shall have an office within the Instruct-ERIC Hub which will form the statutory seat of Instruct-ERIC.

3.   Selection and appointment of the Director

Candidates for the post of Director may apply to an open competitive call for applications. Applicants will be shortlisted and interviewed by a Selection panel chosen by the Council. Criteria for selection will be provided by the Council.

The appointment of Director shall be made for a five year term of office renewable. The terms of appointment, review and termination will be set by the Council and included in the Rules of Procedure.

4.   Confidentiality

Except regarding matters that are properly in, or come into, the public domain, the Director shall keep confidential any arising intellectual property and any information which the Director receives as a result of Instruct-ERIC activity; and not disclose any such property or information to any person unless otherwise approved by the owner of the information or the Council.

5.   Relationship between the Director and the Instruct-ERIC Parties

The Director shall not act as the agent of institutions providing Instruct-ERIC activities through Instruct Centres, nor of the Members and shall not have any authority to act, to conclude any contracts, to incur any binding obligation or liability, or to sign any document on behalf of the members without their specific approval.

---

ANNEX 5

Assessment of Instruct-ERIC

Towards the end of the funding period, as determined by the Council, the Director shall provide a full report of past achievements and future plans. This will help each Member evaluate the overall quality, impact, and productivity of the Instruct investment and, in good time before the next funding period starts, whether their membership of Instruct should continue. The Council shall be responsible for approving the detailed requirements of the report and the timetable for funding decisions from each of the Members.

The primary ambition of Instruct-ERIC is to facilitate access to state-of-the-art technologies and to drive innovation to support integrative approaches in structural and cellular biology, to enable challenging questions to be tackled that are otherwise not easily addressed. The report will need to allow Members to clearly see delivery against key milestones and be able to fully evaluate whether:

| — | Instruct-ERIC has strong visibility within the Member research communities (and perhaps beyond) and whether it is playing a key strategic role in supporting the needs of structural biology, including influencing national infrastructure developments; |
| --- | --- |

—

Instruct-ERIC has strong visibility within the Member research communities (and perhaps beyond) and whether it is playing a key strategic role in supporting the needs of structural biology, including influencing national infrastructure developments;

| — | there is demonstrable demand for access to help deliver excellent science and whether this is managed effectively; |
| --- | --- |

—

there is demonstrable demand for access to help deliver excellent science and whether this is managed effectively;

| — | access is enabling science from across the EU partners – particularly integrative approaches that employ multiple technologies to tackle the major challenges in structural and cell biology and deliver science that would otherwise not occur, or would be hard to deliver without Instruct; |
| --- | --- |

—

access is enabling science from across the EU partners – particularly integrative approaches that employ multiple technologies to tackle the major challenges in structural and cell biology and deliver science that would otherwise not occur, or would be hard to deliver without Instruct;

| — | there is clear evidence of scientific outputs and impact from this access; |
| --- | --- |

—

there is clear evidence of scientific outputs and impact from this access;

| — | Instruct-ERIC has delivered important contributions to key training needs; |
| --- | --- |

—

Instruct-ERIC has delivered important contributions to key training needs;

| — | Instruct-ERIC is effectively engaging with the technology industry to support innovation; |
| --- | --- |

—

Instruct-ERIC is effectively engaging with the technology industry to support innovation;

| — | Instruct-ERIC is effectively evolving to meet future scientific and training needs; |
| --- | --- |

—

Instruct-ERIC is effectively evolving to meet future scientific and training needs;

| — | Instruct-ERIC continues to deliver an important and distinctive contribution to the research landscape and whether core investment offers value for money, whether it should continue, and if so, on what scale. |
| --- | --- |

—

Instruct-ERIC continues to deliver an important and distinctive contribution to the research landscape and whether core investment offers value for money, whether it should continue, and if so, on what scale.

---

ANNEX 6

Definition and transfer of assets and staff assignments

1.   Assets

Capital assets: 3 x servers (12 cores, 64GB RAM each with 2 x 1,2TB disk space set in a RAID1 configuration) which serve the Instruct website and ARIA with database storage, including security failover provision. Value is GBP 10 219.

Instruct Trade Mark and Domain name(s): These carry an annual fee of GBP 143 with an additional annual fee of GBP 50 for the related watching service.

Cash from subscriptions (held in both Sterling and Euro accounts): As of August 2016, cash totals approx. EUR 268 000.

2.   Debts

Any debts owed by Instruct Academic Services Limited will be transferred to Instruct-ERIC.

Instruct Academic Services Limited currently has no debt.

3.   Staff Assignments

Currently the Instruct Hub has 6 employees with costs to Instruct for 4,93 FTE (supplemented by the University of Oxford and grant income). All existing Instruct staff are employed by the University of Oxford with University employment benefits (pensions benefits under the University superannuation scheme) on fixed term contracts. These contracts have terms that are tied either to externally funded grants (e.g. CORBEL, West-Life) or to assured Instruct membership income.

New secondment agreements (to be appended to the current contracts of employment) shall be established between the University of Oxford and Instruct-ERIC to continue with this arrangement for existing staff. New staff may be employed directly by Instruct-ERIC.

Agreements between the University of Oxford (Host institution) and Instruct-ERIC shall be drafted to authorize the purchase and use of services for the purposes of administering Instruct-ERIC, and to permit Instruct activity to be undertaken on premises in which the Instruct Hub is situated.

4.   Liabilities

Instruct Academic Services Limited is the beneficiary partner in a number of grants funded externally: iNEXT, CORBEL, West-Life and AARC2.

As of August 2016, the contractual liabilities are delivery of the following tasks against contractual payment on the grants:

| Task | Task Description | Month of Delivery |
| --- | --- | --- |
| iNEXT |
| 6.1 | Report on demands of the user community | M24 |
| 6.2 | Report on a model for future structural biology access in Europe | M36 |
| 6.3 | Report on financial sustainability | M36 |
| 6.4 | Draft sustainability plan | M48 |
| 7.5 | Integrated submission system operational | M18 |
| CORBEL |
| 5.1 | Report on existing use access models and regulatory access policies identifying common elements | M20 |
| 5.2 | Report on common access framework concept | M44 |
| 5.3 | Strategy for expanding application of common access model based on feedback from WP3 and WP4 pilots | M48 |
| 6.4 | Draft sustainability plan | M48 |
| 7.5 | Integrated submission system operational | M18 |
| West-Life |
| 1.2 | Project web pages | M3 |
| 1.4 | Draft sustainability workplan | M18 |
| 1.5 | Sustainability report | M36 |
| 2.1 | Interim report on Task 2.1 | M18 |
| 2.2 | Interim report on Task 2.2 | M18 |
| 2.3 | Summary report of structural biology community engagement | M18 |
| 2.4 | Report on industrial user engagement | M24 |
| 2.6 | Engagement report | M36 |
| 5.4 | Report on activities of the Helpdesk | M18 |
| 5.9 | Update report on activities of the Helpdesk | M36 |
| AARC2 |
| SA1.1 | Results of Pilots with new communities Part 1 | M12 |
| SA1.2 | Results of Pilots with new communities Part 2 | M22 |
| SA1.3 | Final results of infrastructures interoperations pilots | M22 |
| SA1.4 | Final results of pilots for advanced use-cases and new technologies | M22 |

Task

Task Description

Month of Delivery

iNEXT

6.1

Report on demands of the user community

M24

6.2

Report on a model for future structural biology access in Europe

M36

6.3

Report on financial sustainability

M36

6.4

Draft sustainability plan

M48

7.5

Integrated submission system operational

M18

CORBEL

5.1

Report on existing use access models and regulatory access policies identifying common elements

M20

5.2

Report on common access framework concept

M44

5.3

Strategy for expanding application of common access model based on feedback from WP3 and WP4 pilots

M48

6.4

Draft sustainability plan

M48

7.5

Integrated submission system operational

M18

West-Life

1.2

Project web pages

M3

1.4

Draft sustainability workplan

M18

1.5

Sustainability report

M36

2.1

Interim report on Task 2.1

M18

2.2

Interim report on Task 2.2

M18

2.3

Summary report of structural biology community engagement

M18

2.4

Report on industrial user engagement

M24

2.6

Engagement report

M36

5.4

Report on activities of the Helpdesk

M18

5.9

Update report on activities of the Helpdesk

M36

AARC2

SA1.1

Results of Pilots with new communities Part 1

M12

SA1.2

Results of Pilots with new communities Part 2

M22

SA1.3

Final results of infrastructures interoperations pilots

M22

SA1.4

Final results of pilots for advanced use-cases and new technologies

M22

---

| 15.7.2017 | EN | Official Journal of the European Union | C 230/23 |
| --- | --- | --- | --- |

15.7.2017

EN

Official Journal of the European Union

C 230/23

---

Non-opposition to a notified concentration

(Case M.8526 — CPPIB/BTPS/Milton Park)

(Text with EEA relevance)

(2017/C 230/02)

On 7 July 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8526. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8526. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

| 15.7.2017 | EN | Official Journal of the European Union | C 230/23 |
| --- | --- | --- | --- |

15.7.2017

EN

Official Journal of the European Union

C 230/23

---

Non-opposition to a notified concentration

(Case M.8535 — Itochu/Toppan printing/Thung Hua Sinn/TPN Food Packaging)

(Text with EEA relevance)

(2017/C 230/03)

On 7 July 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8535. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8535. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 15.7.2017 | EN | Official Journal of the European Union | C 230/24 |
| --- | --- | --- | --- |

15.7.2017

EN

Official Journal of the European Union

C 230/24

---

Euro exchange rates (1)

14 July 2017

(2017/C 230/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1415 |
| JPY | Japanese yen | 129,10 |
| DKK | Danish krone | 7,4365 |
| GBP | Pound sterling | 0,87983 |
| SEK | Swedish krona | 9,5333 |
| CHF | Swiss franc | 1,1051 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,3843 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,075 |
| HUF | Hungarian forint | 306,51 |
| PLN | Polish zloty | 4,2172 |
| RON | Romanian leu | 4,5627 |
| TRY | Turkish lira | 4,0663 |
| AUD | Australian dollar | 1,4710 |
| CAD | Canadian dollar | 1,4524 |
| HKD | Hong Kong dollar | 8,9132 |
| NZD | New Zealand dollar | 1,5625 |
| SGD | Singapore dollar | 1,5684 |
| KRW | South Korean won | 1 295,10 |
| ZAR | South African rand | 15,0313 |
| CNY | Chinese yuan renminbi | 7,7419 |
| HRK | Croatian kuna | 7,4080 |
| IDR | Indonesian rupiah | 15 225,90 |
| MYR | Malaysian ringgit | 4,8999 |
| PHP | Philippine peso | 57,772 |
| RUB | Russian rouble | 67,9547 |
| THB | Thai baht | 38,645 |
| BRL | Brazilian real | 3,6599 |
| MXN | Mexican peso | 20,1393 |
| INR | Indian rupee | 73,4950 |

Currency

Exchange rate

USD

US dollar

1,1415

JPY

Japanese yen

129,10

DKK

Danish krone

7,4365

GBP

Pound sterling

0,87983

SEK

Swedish krona

9,5333

CHF

Swiss franc

1,1051

ISK

Iceland króna

NOK

Norwegian krone

9,3843

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,075

HUF

Hungarian forint

306,51

PLN

Polish zloty

4,2172

RON

Romanian leu

4,5627

TRY

Turkish lira

4,0663

AUD

Australian dollar

1,4710

CAD

Canadian dollar

1,4524

HKD

Hong Kong dollar

8,9132

NZD

New Zealand dollar

1,5625

SGD

Singapore dollar

1,5684

KRW

South Korean won

1 295,10

ZAR

South African rand

15,0313

CNY

Chinese yuan renminbi

7,7419

HRK

Croatian kuna

7,4080

IDR

Indonesian rupiah

15 225,90

MYR

Malaysian ringgit

4,8999

PHP

Philippine peso

57,772

RUB

Russian rouble

67,9547

THB

Thai baht

38,645

BRL

Brazilian real

3,6599

MXN

Mexican peso

20,1393

INR

Indian rupee

73,4950

---

(1)  Source: reference exchange rate published by the ECB.

---

| 15.7.2017 | EN | Official Journal of the European Union | C 230/25 |
| --- | --- | --- | --- |

15.7.2017

EN

Official Journal of the European Union

C 230/25

---

COMMISSION DECISION

of 14 July 2017

on the members of the advisory group on the food chain and animal and plant health established by Decision 2004/613/EC

(2017/C 230/05)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Commission Decision 2004/613/EC of 6 August 2004 (1) concerning the creation of an advisory group on the food chain and animal and plant health, and in particular Article 3 thereof,

Whereas:

| (1) | An advisory group on the food chain and animal and plant health has been established by Decision 2004/613/EC with effect from 25 August 2004. This group is consulted by the Commission on its programme of work on food and feed safety, food and feed labelling and presentation, human nutrition in relation to food legislation, animal health and welfare, and plant health and also on any measures which the Commission has to take or propose in these fields. |
| --- | --- |

(1)

An advisory group on the food chain and animal and plant health has been established by Decision 2004/613/EC with effect from 25 August 2004. This group is consulted by the Commission on its programme of work on food and feed safety, food and feed labelling and presentation, human nutrition in relation to food legislation, animal health and welfare, and plant health and also on any measures which the Commission has to take or propose in these fields.

| (2) | Pursuant to Article 3(3) of Decision 2004/613/EC, the Commission shall select representative European bodies which most effectively meet the criteria referred to in Article 3(1) of that Decision and who have responded to the call for applications. |
| --- | --- |

(2)

Pursuant to Article 3(3) of Decision 2004/613/EC, the Commission shall select representative European bodies which most effectively meet the criteria referred to in Article 3(1) of that Decision and who have responded to the call for applications.

| (3) | The Commission originally selected 36 members of the advisory group. The list of original members was published in the Official Journal of the European Union in 2005 (2). |
| --- | --- |

(3)

The Commission originally selected 36 members of the advisory group. The list of original members was published in the Official Journal of the European Union in 2005 (2).

| (4) | The membership of the advisory group was extended by Decision 2011/242/EU (3). |
| --- | --- |

(4)

The membership of the advisory group was extended by Decision 2011/242/EU (3).

| (5) | The Commission has now revised the membership of the advisory group, in particular to take into account the requirements set up by the revised horizontal rules for Commission Expert Groups (4). Following a call for applications, 45 members have been selected. |
| --- | --- |

(5)

The Commission has now revised the membership of the advisory group, in particular to take into account the requirements set up by the revised horizontal rules for Commission Expert Groups (4). Following a call for applications, 45 members have been selected.

| (6) | All members of the advisory group have equal status, |
| --- | --- |

(6)

All members of the advisory group have equal status,

HAS DECIDED AS FOLLOWS:

Article 1

The Commission appoints as members of the advisory group on the food chain and animal and plant health the stakeholder bodies listed in the Annex.

Article 2

Appointment

Members shall be appointed for 5 years. Their term of office may be renewed.

Article 3

Repeal

Decision 2011/242/EU is repealed.

Article 4

Applicability

This Decision is applicable as of the date of its adoption.

Done at Brussels, 14 July 2017.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission

---

(1)  OJ L 275, 25.8.2004, p. 17.

1

(2)  OJ C 97, 21.4.2005, p. 2.

2

(3)  OJ L 101, 15.4.2011, p. 126.

3

(4)  Commission Decision C(2016) 3301 final.

4

---

ANNEX

| AESGP | Association of the European Self-Medication Industry |
| --- | --- |
| AIPCE-CEP | European Fish Processors & Traders Association |
| AVEC | Association de l’Aviculture, de l’Industrie et du Commerce de Volailles dans les Pays de l’Union Européenne |
| BEUC | Bureau Européen des Unions de Consommateurs |
| CEFIC | European Chemical Industry Council |
| CELCAA | European Liaison Committee for Agriculture and agri-food trade |
| CLITRAVI | Centre de liaison des industries transformatrices de viande de l’UE |
| COCERAL | Comité du commerce des céréales, aliments du bétail, oléagineux, huile d’olive, huiles et graisses et agrofournitures de l’UE |
| COGECA | European agri-cooperatives |
| COPA | European farmers |
| ECPA | European Crop Protection Association |
| ECSLA | European Cold Storage and Logistics Association |
| EFFAT | European Federation of Food, Agriculture and Tourism Trade Unions |
| EFPRA | European Fat Processors & Renderers Association |
| EHPM | European Federation of Associations of Health Product Manufacturers |
| ELO | European Landowners’ Organization asbl |
| ENA | European Nurserystock Association |
| EOCC | European Organic Certifiers Council |
| EPBA | European Professional Beekeepers Association |
| EU specialty food ingredients | Federation of European Specialty Food Ingredients Industries (previously known as ELC) |
| EUROCOMMERCE | EuroCommerce |
| EUROCOOP | European Community of Consumer Cooperatives |
| EUROGROUP FOR ANIMALS | Eurogroup for Animals |
| FACE | Federation of Associations for Hunting & Conservation of the EU |
| FEAP | Federation of European Aquaculture Producers |
| FEDIAF | Fédération européenne des industries des aliments pour animaux familiers |
| FEFAC | Fédération Européenne des Fabricants d’Aliments Composés |
| FEFANA | EU Association of Specialty Feed Ingredients and their Mixtures |
| FESASS | Fédération Européenne pour la Santé Animale et la Sécurité Sanitaire |
| FoEE | Friends of the Earth Europe |
| FOODDRINKEUROPE | FoodDrinkEurope |
| FOODSERVICE EUROPE | FoodServiceEurope |
| FRESHFEL | Freshfel Europe — the forum for the European fresh fruits and vegetables chain |
| FVE | Federation of Veterinarians of Europe |
| HOTREC | HOTREC, Hotels, Restaurants & Cafés in Europe |
| IFAH-EUROPE | International Federation for Animal Health-Europe AISBL |
| IFOAM EU GROUP | International Federation of Organic Agriculture Movements EU Regional Group |
| INDEPENDENT RETAIL EUROPE | Independent Retail Europe (formerly UGAL) - Union of Groups of Independent Retailers of Europe |
| IPIFF | International Platform of Insects for Food & Feed Association |
| PAN EUROPE | Pesticide Action Network Europe |
| PFP | Primary Food Processors |
| SLOW FOOD | Slow Food (NA) |
| SNE | Specialised Nutrition Europe |
| UEAPME | Union européenne de l’Artisanat et des petites et moyennes entreprises, aisbl |
| UECBV | Union Européenne du Commerce du Bétail et de la Viande |

AESGP

Association of the European Self-Medication Industry

AIPCE-CEP

European Fish Processors & Traders Association

AVEC

Association de l’Aviculture, de l’Industrie et du Commerce de Volailles dans les Pays de l’Union Européenne

BEUC

Bureau Européen des Unions de Consommateurs

CEFIC

European Chemical Industry Council

CELCAA

European Liaison Committee for Agriculture and agri-food trade

CLITRAVI

Centre de liaison des industries transformatrices de viande de l’UE

COCERAL

Comité du commerce des céréales, aliments du bétail, oléagineux, huile d’olive, huiles et graisses et agrofournitures de l’UE

COGECA

European agri-cooperatives

COPA

European farmers

ECPA

European Crop Protection Association

ECSLA

European Cold Storage and Logistics Association

EFFAT

European Federation of Food, Agriculture and Tourism Trade Unions

EFPRA

European Fat Processors & Renderers Association

EHPM

European Federation of Associations of Health Product Manufacturers

ELO

European Landowners’ Organization asbl

ENA

European Nurserystock Association

EOCC

European Organic Certifiers Council

EPBA

European Professional Beekeepers Association

EU specialty food ingredients

Federation of European Specialty Food Ingredients Industries (previously known as ELC)

EUROCOMMERCE

EuroCommerce

EUROCOOP

European Community of Consumer Cooperatives

EUROGROUP FOR ANIMALS

Eurogroup for Animals

FACE

Federation of Associations for Hunting & Conservation of the EU

FEAP

Federation of European Aquaculture Producers

FEDIAF

Fédération européenne des industries des aliments pour animaux familiers

FEFAC

Fédération Européenne des Fabricants d’Aliments Composés

FEFANA

EU Association of Specialty Feed Ingredients and their Mixtures

FESASS

Fédération Européenne pour la Santé Animale et la Sécurité Sanitaire

FoEE

Friends of the Earth Europe

FOODDRINKEUROPE

FoodDrinkEurope

FOODSERVICE EUROPE

FoodServiceEurope

FRESHFEL

Freshfel Europe — the forum for the European fresh fruits and vegetables chain

FVE

Federation of Veterinarians of Europe

HOTREC

HOTREC, Hotels, Restaurants & Cafés in Europe

IFAH-EUROPE

International Federation for Animal Health-Europe AISBL

IFOAM EU GROUP

International Federation of Organic Agriculture Movements EU Regional Group

INDEPENDENT RETAIL EUROPE

Independent Retail Europe (formerly UGAL) - Union of Groups of Independent Retailers of Europe

IPIFF

International Platform of Insects for Food & Feed Association

PAN EUROPE

Pesticide Action Network Europe

PFP

Primary Food Processors

SLOW FOOD

Slow Food (NA)

SNE

Specialised Nutrition Europe

UEAPME

Union européenne de l’Artisanat et des petites et moyennes entreprises, aisbl

UECBV

Union Européenne du Commerce du Bétail et de la Viande

---

Authority for European Political Parties and European Political Foundations

| 15.7.2017 | EN | Official Journal of the European Union | C 230/29 |
| --- | --- | --- | --- |

15.7.2017

EN

Official Journal of the European Union

C 230/29

---

DECISION OF THE AUTHORITY FOR EUROPEAN POLITICAL PARTIES AND EUROPEAN POLITICAL FOUNDATIONS

of 14 June 2017

to register Party of European Socialists

(Only the English text is authentic)

(2017/C 230/06)

THE AUTHORITY FOR EUROPEAN POLITICAL PARTIES AND EUROPEAN POLITICAL FOUNDATIONS,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statute and funding of European political parties and European political foundations (1), in particular Article 9 thereof,

Having regard to the application received from Party of European Socialists,

Whereas:

| (1) | The Authority for European political parties and European political foundations (‘Authority’) received an application for registration as a European political party under Article 8(1) of Regulation (EU, Euratom) No 1141/2014 from Party of European Socialists (the ‘applicant’) on 12 May 2017 and a submission supplementing that application on 1 June 2017. |
| --- | --- |

(1)

The Authority for European political parties and European political foundations (‘Authority’) received an application for registration as a European political party under Article 8(1) of Regulation (EU, Euratom) No 1141/2014 from Party of European Socialists (the ‘applicant’) on 12 May 2017 and a submission supplementing that application on 1 June 2017.

| (2) | The applicant submitted documents proving that it satisfies the conditions laid down in Article 3 of Regulation (EU, Euratom) No 1141/2014, the declaration in the form set out in the Annex to that Regulation, and the statutes of the applicant, containing the provisions required by Article 4 of that Regulation. |
| --- | --- |

(2)

The applicant submitted documents proving that it satisfies the conditions laid down in Article 3 of Regulation (EU, Euratom) No 1141/2014, the declaration in the form set out in the Annex to that Regulation, and the statutes of the applicant, containing the provisions required by Article 4 of that Regulation.

| (3) | The application is further supported by a statement by notary Bernard Dewitte pursuant to Article 15(2) of Regulation (EU, Euratom) No 1141/2014 certifying that the applicant has its seat in Belgium and that the applicant’s statutes are in conformity with the relevant provisions of national law. |
| --- | --- |

(3)

The application is further supported by a statement by notary Bernard Dewitte pursuant to Article 15(2) of Regulation (EU, Euratom) No 1141/2014 certifying that the applicant has its seat in Belgium and that the applicant’s statutes are in conformity with the relevant provisions of national law.

| (4) | The applicant submitted additional documents in accordance with Articles 1 and 2 of Commission Delegated Regulation (EU, Euratom) 2015/2401 (2). |
| --- | --- |

(4)

The applicant submitted additional documents in accordance with Articles 1 and 2 of Commission Delegated Regulation (EU, Euratom) 2015/2401 (2).

| (5) | Pursuant to Article 9 of Regulation (EU, Euratom) No 1141/2014, the Authority has examined the application and supporting documentation submitted, and considers that the applicant satisfies the conditions for registration laid down in Article 3 of that Regulation and that the statutes contain the provisions required by Article 4 of that Regulation, |
| --- | --- |

(5)

Pursuant to Article 9 of Regulation (EU, Euratom) No 1141/2014, the Authority has examined the application and supporting documentation submitted, and considers that the applicant satisfies the conditions for registration laid down in Article 3 of that Regulation and that the statutes contain the provisions required by Article 4 of that Regulation,

HAS ADOPTED THIS DECISION:

Article 1

Party of European Socialists is hereby registered as a European political party.

It shall acquire European legal personality on the date of the publication of this Decision in the Official Journal of the European Union.

Article 2

This Decision shall take effect on the day of its notification.

Article 3

This Decision is addressed to

| Party of European Socialists |
| --- |
| Rue Guimard 10-12 |
| 1040 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Party of European Socialists

Rue Guimard 10-12

1040 Bruxelles/Brussel

BELGIQUE/BELGIË

Done at Brussels, 14 June 2017.

For the Authority for European political parties and European political foundations

The Director

M. ADAM

---

(1)  OJ L 317, 4.11.2014, p. 1.

1

(2)  Commission Delegated Regulation (EU, Euratom) 2015/2401 of 2 October 2015 on the content and functioning of the Register of European political parties and foundations (OJ L 333, 19.12.2015, p. 50).

2

---

ANNEX

Image

PES Statutes

adopted by the 10 PES Congress on 12 June 2015

CHAPTER I

GENERAL PROVISIONS

Article 1

Name

1.1.   An international not-for-profit association is set up under Belgian law under the name ‘Party of European Socialists’, in short and hereafter named ‘PES’, in order to gather together the socialist, social-democratic, labour and democratic progressive parties and organisations within Europe.

1.2.   The PES has an official name in all the official languages of the European Union and of those countries where it has a full member party. These are published as an Annex 2 to these Statutes. Both the full name and the abbreviation may be used indifferently.

Article 2

Legal basis

2.1.   Article 11.4. of the Treaty on European Union recognises that, ‘political parties at European level contribute to forming a European awareness and to expressing the political will of the citizens of the Union.’

2.2.   The PES carries out its activities, pursues its aims and is organised and financed in conformity with the Regulation (EC) No 2004/2003 of the European Parliament and Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding.

2.3.   The association is governed by Heading III of the Belgian law of 27 June 1921 on not-for-profit associations, international not-for-profit associations or foundations.

2.4.   Standing orders are adopted by the Presidency by qualified majority. They shall be sent to all the members and shall be binding for all members.

Article 3

Object and Aims

3.1.   The object of the PES is to pursue international aims in respect of the principles on which the European Union is based, namely principles of freedom, equality, solidarity, democracy, respect of Human Rights and Fundamental Freedoms, and respect for the Rule of Law.

3.2.   The values and principles guiding the PES actions are defined in the PES Declaration of Principles (Annex 1).

3.3   Having regard to the diversity of peoples within Europe and our history, the PES promotes the value of tolerance and specifically condemns racism and xenophobia. It includes in these Statutes, in Annex 3 the declaration ‘For a modern, pluralist and tolerant Europe’ adopted by the 5th PES Congress on 7-8 May 2001 in Berlin.

3.4.   More specifically, to implement our Declaration of Principles, the aims of the PES are:

| — | to strengthen the socialist, social democratic, labour and democratic progressive movement and its values in the Union and throughout Europe; |
| --- | --- |

—

to strengthen the socialist, social democratic, labour and democratic progressive movement and its values in the Union and throughout Europe;

| — | to contribute to forming a European awareness and to expressing the political will of the citizens of the Union; |
| --- | --- |

—

to contribute to forming a European awareness and to expressing the political will of the citizens of the Union;

| — | to lead the European election campaign for our movement with a common strategy and visibility, a common Manifesto and a common candidate to the European Commission Presidency, elected through an open, transparent and democratic competitive process; |
| --- | --- |

—

to lead the European election campaign for our movement with a common strategy and visibility, a common Manifesto and a common candidate to the European Commission Presidency, elected through an open, transparent and democratic competitive process;

| — | to support each other to win national, regional and local elections. To provide a platform for member parties and organisations to share best practice on campaigning, party organisation and exchange policies and ideas; |
| --- | --- |

—

to support each other to win national, regional and local elections. To provide a platform for member parties and organisations to share best practice on campaigning, party organisation and exchange policies and ideas;

| — | to define common policies for the European Union and to influence the decisions of the European institutions; |
| --- | --- |

—

to define common policies for the European Union and to influence the decisions of the European institutions;

| — | to promote equality, diversity and equal representation in society in our internal bodies and meetings, especially for women and young people, and to encourage their active participation; |
| --- | --- |

—

to promote equality, diversity and equal representation in society in our internal bodies and meetings, especially for women and young people, and to encourage their active participation;

| — | to engage members of PES member parties and organisations in activities of the PES, especially by developing PES activists; |
| --- | --- |

—

to engage members of PES member parties and organisations in activities of the PES, especially by developing PES activists;

| — | to develop close working relationships between with its member parties and organisations, and PES members holding positions in EU institutions (Council, Commission, Parliament, Committee of the Regions); |
| --- | --- |

—

to develop close working relationships between with its member parties and organisations, and PES members holding positions in EU institutions (Council, Commission, Parliament, Committee of the Regions);

| — | to cooperate closely with socialist, social democratic, Labour, and democratic progressive parties from countries that share the common goal of European integration notably with those from neighbouring countries of the European Union; |
| --- | --- |

—

to cooperate closely with socialist, social democratic, Labour, and democratic progressive parties from countries that share the common goal of European integration notably with those from neighbouring countries of the European Union;

| — | to promote exchanges and contacts with European trade unions, professional organisations, associations, cooperatives, other representatives of civil society and other socialist and social democratic organisations; |
| --- | --- |

—

to promote exchanges and contacts with European trade unions, professional organisations, associations, cooperatives, other representatives of civil society and other socialist and social democratic organisations;

| — | to develop sustainable cooperation with international progressive movements and organisations, in the spirit of international solidarity. |
| --- | --- |

—

to develop sustainable cooperation with international progressive movements and organisations, in the spirit of international solidarity.

3.5.   The PES may carry out all activities linked directly or indirectly to these aims but does not undertake industrial or commercial transactions and does not seek to procure a profit to its members.

Article 4

Headquarters

4.1.   The Headquarters of the PES is 98, rue du Trône, B-1050 Bruxelles, in the judicial district of Brussels.

4.2.   The Headquarters may be transferred to any other location in the Brussels region by decision of the Presidency by qualified majority (cf. Art. 20.5). The decision must be published in the Annexes of the Belgian Official journal (Moniteur belge).

Article 5

Logo

The logo of the Party of European Socialists is a red square with the acronym of the Party (PES) at the top, and the words ‘Socialists and Democrats’ at the bottom in white letters. Official PES documents are also featuring a rose, surrounded by a ring of stars.

Article 6

Duration

The association is established for an indefinite duration.

CHAPTER II

MEMBERS

Article 7

Categories of Members

7.1.   The PES consists of:

| — | full members — full member parties and full member organisations; |
| --- | --- |

—

full members — full member parties and full member organisations;

| — | associate members — associate parties and associate organisations; |
| --- | --- |

—

associate members — associate parties and associate organisations;

| — | observer members — observer parties, observer organisations and individual members. |
| --- | --- |

—

observer members — observer parties, observer organisations and individual members.

7.2.   The PES must consist of at least three full members. Members are legal entities constituted according to the laws and customs of their country of origin. If a member does not possess legal personality according to the laws and customs of its country of origin, it must appoint a natural person to act in the name and on behalf of its organisation.

Article 8

Register of Members

A register of members is published in the Standing Orders of the PES.

Article 9

Admission of Members

9.1.   Socialist International parties in European Union Member States or in states having signed an accession treaty with the European Union, and having had national or European parliamentary representation in one of the past two parliamentary terms, may become full member parties of the PES. Non Socialist International parties respecting these criteria may also become full member parties, following the rules stated in Article 9.9.

9.2.   Political groups constituted in the institutions of the European Union and sectoral organisations of the PES recognised in the present statutes may become full member organisations of the PES.

9.3.   Socialist International parties in countries that are candidates or ‘potential candidates’ for accession to the European Union, or are EFTA Member States, or in countries from the European Neighbourhood Policy with a signed association agreement with the Union, and having had national parliamentary representation in one of the two past parliamentary terms, may become associate parties of the PES. Non Socialist International parties respecting these criteria may also become associate member parties, following the rules stated in Article 9.9.

9.4.   Political groups of European institutions not depending on the European Union and socialist and social-democratic organisations closely linked to the work of the PES may become associate organisations of the PES.

9.5.   Social-democratic, socialist and democratic progressive parties from countries within the European Neighbourhood policy or in the EU Customs Union having close links with the PES may become observer parties of the PES.

9.6.   Socialist, social-democratic and democratic progressive organisations having close links with the PES may become observer organisations of the PES.

9.7.   A member of a political group which is full member of the PES may become individual observer of the PES if she/he is not a member of a PES party.

9.8.   All members of the PES must accept and respect these statutes, and, if applicable, the Standing Orders.

9.9.   All applications for membership of parties and organisations shall be examined on a case by case basis by the Presidency and decided upon by the Congress. In the period between two Congresses, the Presidency may grant provisional memberships to an applicant member, pending the acceptance of the Congress. All applications for membership are voted upon on the basis of a qualified majority, except those from non Socialist International members, which are voted upon on the basis of a superqualified majority (cf. article 20.5). Applications for individual observer membership shall be decided upon by the Presidency by simple majority.

Article 10

Change of name and mergers

10.1.   A member that changes name or merges with another political party/organisation must inform the Presidency.

10.2.   The Presidency shall assess the degree of continuity of the new party/organisation with the PES member and will decide on the confirmation of the membership status. This decision shall be confirmed by the Congress.

10.3.   In case of confirmation of the continuity of the membership status; the member will be considered having accepted the PES decisions applicable to the former member and will be responsible for all its obligations vis-à-vis the PES, including financial.

10.4.   In case of non-confirmation, the new party/organisation may submit a new application for membership.

Article 11

Resignation, Suspension and Exclusion of members

11.1.   Any member may resign from the PES at any time by sending a letter from a duly mandated person addressed to the President or Secretary-General, who shall inform the Presidency and the Congress. The resignation shall come into effect immediately, but the member resigning remains bound by all outstanding debts contracted with the PES until the end of the financial year in which the resignation came into effect.

11.2.   If a member fails to fulfil its financial obligations for two successive financial years, the Presidency may decide to exclude the member, pending the formal decision by a simple majority vote of the Congress.

11.3.   Any member may also be suspended or excluded on the following grounds:

| — | non respect of the statutes or the Standing orders; |
| --- | --- |

—

non respect of the statutes or the Standing orders;

| — | non compliance with the criteria for membership. |
| --- | --- |

—

non compliance with the criteria for membership.

11.4.   Suspension of a member on grounds of Article 11.3., subject to terms and conditions, is decided by the Presidency. A suspended member is obliged to uphold its financial obligations to the PES. The suspended member may, at the discretion of the President, be invited to attend meetings of the PES but without voting rights.

11.5.   A suspended member can regain its membership if it complies with the statutes, standing orders and criteria for membership. Such compliance must be formally notified to the Presidency which can decide to lift the suspension. A refusal to lift the suspension by the Presidency can be appealed by the suspended party to the Congress. The appeal cannot take place within 6 months of the decision to suspend.

11.6.   Exclusion of a member on grounds of Article 11.3. is decided by the Congress. The exclusion comes into effect immediately after the decision of the Congress but the excluded member remains bound by all outstanding debts contracted with the PES until the end of the financial year in which the exclusion came into effect.

11.7.   All decisions concerning suspension and exclusion of members are taken by a superqualified majority.

Article 12

Rights and obligations of members

12.1.   Full members participate in the meetings of the PES with the right of expression, the right of initiative and the right to vote.

12.2.   Associate members have the right to attend meetings to which they are invited with the right of expression and the right of initiative, but without the right to vote.

12.3.   Observer members may attend meetings to which they have been invited with the right of expression but without the right of initiative or the right to vote.

Article 13

Our Group in the European Parliament

Our Group, currently known as The Group of the Alliance of Socialists and Democrats in the European Parliament, is the parliamentary expression of the PES in the European Parliament.

Article 14

PES Group in the Committee of the Regions

The Group of Party of European Socialists in the Committee of the Regions brings together locally and regionally elected socialists, social democrats, Labour and progressives in the EU political assembly of local and regional representatives.

Article 15

PES Women

The ‘PES Women’ standing committee consists of representatives from all PES members, according to the rights and obligations defined in Article 12 of these statutes. Its mission is to formulate and implement the objectives relating to women's policy within the framework of the PES. It adopts its own ‘Standing Orders’ to specify its functioning.

Article 16

YES

YES is the youth organisation of the PES. It gathers members of the socialist youth organisations of the EU. It elects its bodies and determines its political positions autonomously according to its statutes.

Article 17

FEPS

The Foundation for European Progressive Studies (FEPS) is the political foundation affiliated with the PES. It undertakes research, information and training in the fields of political, social legal and economic science, more specifically in their European and international dimension. It elects its bodies according to its statutes.

Article 18

PES activists

All members of PES member parties are automatically members of the PES. Those who wish to be active in the PES can register as PES activists. PES activists must be members of a PES member Party. PES activists can set up city groups. The PES Presidency adopts operating rules for PES activists.

CHAPTER III

ORGANS AND DECISION-MAKING

Article 19

Organs of the PES

The aims of the PES will be pursued in the following organs:

| — | Congress |
| --- | --- |

—

Congress

| — | Election Congress |
| --- | --- |

—

Election Congress

| — | Council |
| --- | --- |

—

Council

| — | Presidency |
| --- | --- |

—

Presidency

| — | Leaders' Conference |
| --- | --- |

—

Leaders' Conference

| — | Secretariat |
| --- | --- |

—

Secretariat

Article 20

Decision-making

20.1.   In all the organs of the PES, efforts shall be made to establish the broadest possible measure of agreement following full consultation.

20.2.   Decisions on administrative and organisational matters shall be taken by simple majority of the Presidency, whereby all its members with voting rights have one vote each.

20.3.   Whenever possible, policy decisions shall be taken on the basis of consensus. If a consensus cannot be reached, they shall be taken on the basis of qualified majority.

20.4.   Decisions concerning the admission of Socialist International members are taken by qualified majority. Decisions concerning the admission of non Socialist International members, suspension and exclusion of members, and decisions to change the Statutes are taken by superqualified majority.

20.5.   A qualified majority requires 50 % of weighted votes cast + 1. A superqualified majority requires 75 % of the weighted votes cast +1. Votes shall only take place if at least two-thirds of the full member parties of the PES are present. Votes are cast per member party and organisation. Proxy voting is not permitted.

20.6.   The number of weighted votes per full member party shall be calculated with the following formula:

((% of MPs in National Lower Chamber + number of MEPs) x number of votes of the country in the European Council) rounded upwards.

A table with the above calculation shall be adopted by the Presidency at its first meeting each calendar year.

20.7.   If a full member party declares that it is unable to implement a specific decision taken by qualified majority, it can declare itself not to be bound by such a decision provided it indicates this intention before a vote is taken.

CHAPTER IV

THE CONGRESS

Article 21

Powers of the Congress

21.1.   The Congress is the supreme organ of the PES and lays down the political guidelines of the PES.

21.2.   The PES Congress shall:

| — | elect the President through an open, transparent and democratic competitive process; |
| --- | --- |

—

elect the President through an open, transparent and democratic competitive process;

| — | confirm the members of the Presidency, as proposed by the Member parties and organisations, from among their senior members; |
| --- | --- |

—

confirm the members of the Presidency, as proposed by the Member parties and organisations, from among their senior members;

| — | adopt resolutions and recommendations to parties, the Presidency and its group in the European Parliament; |
| --- | --- |

—

adopt resolutions and recommendations to parties, the Presidency and its group in the European Parliament;

| — | adopt the report of activity of the PES for the preceding period and on the action programme for the future submitted by the Presidency; |
| --- | --- |

—

adopt the report of activity of the PES for the preceding period and on the action programme for the future submitted by the Presidency;

| — | discuss and take note of the report of activity submitted by its group in the European Parliament. |
| --- | --- |

—

discuss and take note of the report of activity submitted by its group in the European Parliament.

21.3.   By a superqualified or qualified majority (cf. Art. 20.5.) and on a proposal from the Presidency, the Congress shall:

| — | adopt and amend the Statutes of the PES; |
| --- | --- |

—

adopt and amend the Statutes of the PES;

| — | decide on the admission and exclusion of members as well as the status of member parties and organisations. |
| --- | --- |

—

decide on the admission and exclusion of members as well as the status of member parties and organisations.

21.4.   Elections at Congresses should take place by secret ballot.

21.5.   Full and associate members may present proposals to, and speak of these before the Congress.

Article 22

Composition of the Congress

22.1.   The PES Congress shall consist of the following delegates with voting rights:

| — | representatives from full member parties, with the following calculation: 1/45th of weighted votes as defined in article 20.6, rounded upwards; |
| --- | --- |

—

representatives from full member parties, with the following calculation: 1/45th of weighted votes as defined in article 20.6, rounded upwards;

| — | a representative from each National delegation of the Group in the European Parliament; |
| --- | --- |

—

a representative from each National delegation of the Group in the European Parliament;

| — | representatives of the group in the Committee of the Regions, equal to 1/3 of the number of National delegations, rounded upwards; |
| --- | --- |

—

representatives of the group in the Committee of the Regions, equal to 1/3 of the number of National delegations, rounded upwards;

| — | two representatives from each other full member organisation; |
| --- | --- |

—

two representatives from each other full member organisation;

| — | the members of the PES Presidency. |
| --- | --- |

—

the members of the PES Presidency.

22.2.   The PES Congress shall also consist of the following delegates without voting rights:

| — | all members of its political groups in the European Parliament and the Committee of the Regions not covered by art. 22.1.; |
| --- | --- |

—

all members of its political groups in the European Parliament and the Committee of the Regions not covered by art. 22.1.;

| — | bureau members of other full member organisations; |
| --- | --- |

—

bureau members of other full member organisations;

| — | 5 delegates from each associate member; |
| --- | --- |

—

5 delegates from each associate member;

| — | 2 from each observer member. |
| --- | --- |

—

2 from each observer member.

22.3.   Parties shall elect or nominate delegates no later than two months prior to the Congress. The number of delegates from each party with voting rights shall be laid down in an annex to the internal rules of procedure of the Congress.

22.4.   All delegations must be gender-balanced (i.e. there should not be more than a difference of 1 delegate between the two genders). If a delegation does not respect this rule, its vote to the Congress will be reduced proportionally.

22.5.   The following are also ex-officio delegates, without the right to vote:

| — | the President of the European Parliament if he/she is a PES member; |
| --- | --- |

—

the President of the European Parliament if he/she is a PES member;

| — | PES members of the European Commission; |
| --- | --- |

—

PES members of the European Commission;

| — | the President of the European Council, if he/she is a PES member; |
| --- | --- |

—

the President of the European Council, if he/she is a PES member;

| — | the President or 1st Vice-President of the Committee of the Regions, if he/she is a PES member; |
| --- | --- |

—

the President or 1st Vice-President of the Committee of the Regions, if he/she is a PES member;

| — | the President of the Parliamentary Assembly of the Council of Europe if he/she is a PES member; |
| --- | --- |

—

the President of the Parliamentary Assembly of the Council of Europe if he/she is a PES member;

| — | the President of the Parliamentary Assembly of the OSCE, if he/she is a PES Member; |
| --- | --- |

—

the President of the Parliamentary Assembly of the OSCE, if he/she is a PES Member;

| — | the President of the European Security and Defence Assembly, if he/she is a PES member; |
| --- | --- |

—

the President of the European Security and Defence Assembly, if he/she is a PES member;

| — | the President of NATO Parliamentary Assembly, if he/she is a PES member. |
| --- | --- |

—

the President of NATO Parliamentary Assembly, if he/she is a PES member.

22.6.   The Presidency of the PES may also invite guests to attend the Congress.

Article 23

Meetings of the Congress

23.1.   The Congress shall be held on a regular basis, twice during each parliamentary term of the European Parliament. The Presidency may also decide to hold an extraordinary Congress.

23.2.   In principle, the Congress shall be held successively in the different Member States of the European Union.

23.3.   The Congress shall be convoked by the Presidency, with at least 6 months' notice. The invitation shall be sent by mail, fax, email or any other written form.

23.4.   The Presidency shall also decide on a timetable for presenting and discussing resolutions and amendments to the statutes to be adopted by the Congress.

Article 24

Decisions of the Congress

The decisions and the documents adopted by the Congress shall be communicated to members of the PES and shall be published on the PES Website.

CHAPTER V

THE ELECTION CONGRESS

Article 25

Powers of the Election Congress

25.1.   The Election Congress shall:

| — | elect the PES common Candidate to the European Commission Presidency, through an open, transparent and democratic competitive process; |
| --- | --- |

—

elect the PES common Candidate to the European Commission Presidency, through an open, transparent and democratic competitive process;

| — | adopt the PES Manifesto for the European elections. |
| --- | --- |

—

adopt the PES Manifesto for the European elections.

25.2   Full and associate members may present proposals to, and speak of these before the Election Congress.

Article 26

Composition of the Election Congress

The composition of the Election Congress shall follow the rules laid down in Article 22.

Article 27

Meeting of the Election Congress

27.1.   The Election Congress shall be convened ahead of the European elections.

27.2.   In principles, the Election Congress shall be held successively in the different Member States of the European Union.

27.3.   The Election Congress shall be convoked by the Presidency, with at least a 6 month notice. The invitations shall be sent by mail, fax, email or any written form.

27.4.   The Presidency shall decide on a timetable for the presentation, discussion and adoption of the Manifesto.

Article 28

Decisions of the Elections Congress

The decisions and the Manifesto adopted by the Election Congress shall be communicated to members of the PES and shall be published on the PES website.

CHAPTER VI

THE COUNCIL

Article 29

Powers of the Council

29.1.   The Council shall contribute to the shaping of the PES policy; it shall serve as a platform for strategic discussions.

29.2.   The PES Council can adopt resolutions and recommendations to the member parties and organisations, the Presidency, the Congress and its group in the European Parliament in full respect of the Congress being the supreme organ of the PES.

Article 30

Composition of the Council

30.1.   The PES Council shall consist of the following delegates with voting rights:

| — | representatives of full member parties, representing half of the Congress delegates, as defined in Article 22.1; |
| --- | --- |

—

representatives of full member parties, representing half of the Congress delegates, as defined in Article 22.1;

| — | representatives of the its group in the European Parliament, equal to 50 % of the number of National delegations, rounded upwards; |
| --- | --- |

—

representatives of the its group in the European Parliament, equal to 50 % of the number of National delegations, rounded upwards;

| — | representatives of the group of the Committee of the Regions, equal to 1/6 of the number of National delegations, rounded upwards. |
| --- | --- |

—

representatives of the group of the Committee of the Regions, equal to 1/6 of the number of National delegations, rounded upwards.

| — | one representative from each other full member organisation; |
| --- | --- |

—

one representative from each other full member organisation;

| — | the Members of the Presidency. |
| --- | --- |

—

the Members of the Presidency.

30.2.   The PES Council shall also consist of the following delegates without voting rights:

| — | a delegation of its political groups in the European Parliament and the Committee of the Regions, equal to 25 % of its members, rounded upwards; |
| --- | --- |

—

a delegation of its political groups in the European Parliament and the Committee of the Regions, equal to 25 % of its members, rounded upwards;

| — | a delegation of the bureau other full member organisations, equal to 25 % of their members, rounded upwards; |
| --- | --- |

—

a delegation of the bureau other full member organisations, equal to 25 % of their members, rounded upwards;

| — | 2 representatives per associate member; |
| --- | --- |

—

2 representatives per associate member;

| — | 1 representative per observer member. |
| --- | --- |

—

1 representative per observer member.

30.3.   All delegations must be gender-balanced (i.e. there should not be more than a difference of 1 delegate between the two genders). If a delegation does not respect this rule, its vote to the Council will be reduced proportionally.

30.4.   The following are also ex-officio delegates, without the right to vote:

| — | the President of the European Parliament if he/she is a PES member; |
| --- | --- |

—

the President of the European Parliament if he/she is a PES member;

| — | PES members of the European Commission; |
| --- | --- |

—

PES members of the European Commission;

| — | the President of the European Council, if he/she is a PES member; |
| --- | --- |

—

the President of the European Council, if he/she is a PES member;

| — | the President or 1st Vice-President of the Committee of the Regions, if he/she is a PES member; |
| --- | --- |

—

the President or 1st Vice-President of the Committee of the Regions, if he/she is a PES member;

| — | the President of the Parliamentary Assembly of the Council of Europe if he/she is a PES member; |
| --- | --- |

—

the President of the Parliamentary Assembly of the Council of Europe if he/she is a PES member;

| — | the President of the Parliamentary Assembly of the OSCE, if he/she is a PES Member. |
| --- | --- |

—

the President of the Parliamentary Assembly of the OSCE, if he/she is a PES Member.

30.5.   The Presidency of the PES may also invite guests to attend the Council.

Article 31

Meetings of the Council

31.1.   The PES Council shall meet in those calendar years where no Congress nor Election Congress is held.

31.2.   The Council is convoked by the Presidency of the PES, with at least 4 months' notice. The invitation shall be sent by mail, fax, email or any other written form.

31.3.   The Presidency shall also decide on a timetable for presenting and discussing resolutions to be adopted by the Council.

Article 32

Decisions of the Council

The decisions and the documents adopted by the Council shall be communicated to members of the PES and shall be published on the PES Website.

CHAPTER VII

THE PRESIDENCY

Article 33

Powers of the Presidency

33.1.   The Presidency is the highest organ for the management of the day-to-day business of the PES and for the execution of the tasks as set out by these Statutes.

33.2.   The Presidency shall implement the decisions of the Congress and of the Council and fix the political guidelines of the PES during the period between Congresses and Councils.

| — | It shall draw up recommendations to the Congress concerning general political guidelines and statements of principle, the Statutes of the PES, admission, status and exclusion of members of the PES; |
| --- | --- |

—

It shall draw up recommendations to the Congress concerning general political guidelines and statements of principle, the Statutes of the PES, admission, status and exclusion of members of the PES;

| — | It shall convene the Congress, fix the date and venue and propose the rules of procedure and agenda of the Congress; |
| --- | --- |

—

It shall convene the Congress, fix the date and venue and propose the rules of procedure and agenda of the Congress;

| — | It shall convene the Council and set its agenda; |
| --- | --- |

—

It shall convene the Council and set its agenda;

| — | It shall also be empowered to organise special conferences or meetings, nominate rapporteurs and set up committees and working parties, in respect of which it shall appoint the Chairs and secretariat and lay down terms of reference. |
| --- | --- |

—

It shall also be empowered to organise special conferences or meetings, nominate rapporteurs and set up committees and working parties, in respect of which it shall appoint the Chairs and secretariat and lay down terms of reference.

33.3.   The Presidency shall, after an open and transparent nomination and consultation process, following the proposal of the President:

| — | elect the Vice-Presidents (maximum 4); and define the tasks and responsibilities of the Vice-President(s). President and Vice-President(s) should be geographically and gender-balanced; |
| --- | --- |

—

elect the Vice-Presidents (maximum 4); and define the tasks and responsibilities of the Vice-President(s). President and Vice-President(s) should be geographically and gender-balanced;

| — | elect the Secretary-General and the Treasurer and, if need be, the Deputy Secretary Generals. |
| --- | --- |

—

elect the Secretary-General and the Treasurer and, if need be, the Deputy Secretary Generals.

33.4.   The Presidency can also appoint other office holders for specific mandates and, if need be, deputy Secretaries General of the PES.

33.5.   The Presidency shall also:

| — | decide on the length of the mandate of the Vice-presidents, the Secretary-General, the treasurer, the auditors and office holders; |
| --- | --- |

—

decide on the length of the mandate of the Vice-presidents, the Secretary-General, the treasurer, the auditors and office holders;

| — | approve the annual accounts and budget and fix the membership fees; |
| --- | --- |

—

approve the annual accounts and budget and fix the membership fees;

| — | adopt its internal rules of procedure. |
| --- | --- |

—

adopt its internal rules of procedure.

Article 34

Composition of the Presidency

34.1.   Members of the PES Presidency with voting rights are:

| — | the President of the PES; |
| --- | --- |

—

the President of the PES;

| — | the Vice-President(s) of the PES |
| --- | --- |

—

the Vice-President(s) of the PES

| — | the Secretary-General of the PES; |
| --- | --- |

—

the Secretary-General of the PES;

| — | the President of its group in the European Parliament; |
| --- | --- |

—

the President of its group in the European Parliament;

| — | one representative from each other full member Party and organisation (as confirmed by the Congress). |
| --- | --- |

—

one representative from each other full member Party and organisation (as confirmed by the Congress).

34.2.   Members of the Presidency without voting rights are:

| — | one representative of each Associate party (as confirmed by the Congress); |
| --- | --- |

—

one representative of each Associate party (as confirmed by the Congress);

| — | one representative of each Associate organisation (as confirmed by the Congress). |
| --- | --- |

—

one representative of each Associate organisation (as confirmed by the Congress).

34.3.   The following are also ex-officio members of the Presidency, without the right to vote:

| — | the President of the European Parliament, if s/he is from a PES member party; |
| --- | --- |

—

the President of the European Parliament, if s/he is from a PES member party;

| — | one representative from the PES Members of the European Commission. |
| --- | --- |

—

one representative from the PES Members of the European Commission.

34.4.   The President may invite guests to attend the Presidency.

34.5.   If a member of the Presidency resigns, its member party or organisation appoints a replacement which shall be confirmed by the Presidency.

Article 35

Meetings of the Presidency

35.1.   The Presidency shall meet as often as necessary, but not less than three times in each calendar year.

35.2.   Meetings shall be convened by the President, or, in his/her absence, a Vice-President.

35.3.   The President may, if necessary, convene additional meetings of the members with voting rights.

35.4.   Upon receipt of a written request from at least 20 % of full members, the President shall convene a meeting of the Presidency within 10 days.

Article 36

Decisions and minutes of the Presidency

The decisions of the Presidency are registered in Minutes. The Minutes shall be adopted by the following meeting of the Presidency and communicated to the members of the Presidency.

Article 37

The President

37.1.   The President, in cooperation with the Vice-Presidents and with the assistance of the Secretariat, shall ensure:

| — | the day-to-day administration of the PES and the preparation of meetings of the Presidency; |
| --- | --- |

—

the day-to-day administration of the PES and the preparation of meetings of the Presidency;

| — | the implementation of Presidency decisions and any general or specific instructions given by the Presidency; |
| --- | --- |

—

the implementation of Presidency decisions and any general or specific instructions given by the Presidency;

| — | liaison between the PES and the parties, the group in the European Parliament and the Socialist International and other international initiatives such as the Progressive Alliance and the Global Progressive Forum; |
| --- | --- |

—

liaison between the PES and the parties, the group in the European Parliament and the Socialist International and other international initiatives such as the Progressive Alliance and the Global Progressive Forum;

| — | representation of the PES in any organisation or institution, in particular, the institutions of the European Union, European trade unions, professional organisations, cooperatives and associations. |
| --- | --- |

—

representation of the PES in any organisation or institution, in particular, the institutions of the European Union, European trade unions, professional organisations, cooperatives and associations.

37.2.   The decisions of the Congress, the Council, the Leaders' Conference and the Presidency are executed by the President of the PES in cooperation with the Vice-Presidents and the Secretary-General, other office holders of the Presidency and the President of its group in the European Parliament.

37.3.   In case of vacancy of the position of President, an Interim President is appointed by the PES Presidency, with the mandate to fulfil the President's tasks until the following Congress.

CHAPTER VIII

PES LEADERS' CONFERENCE

Article 38

Powers of the Leaders' Conference

The PES Leaders' Conference may adopt resolutions and recommendations to the member parties and organisations, the Presidency, the Congress and its group in the European Parliament in full respect of the Congress being the supreme organ of the PES.

Article 39

Composition of the Leaders' Conference

39.1.   The Leaders' Conference consists of:

| — | the President, the Vice-Presidents and the Secretary-General; |
| --- | --- |

—

the President, the Vice-Presidents and the Secretary-General;

| — | PES Heads of Government; |
| --- | --- |

—

PES Heads of Government;

| — | the Leaders of the full member parties; |
| --- | --- |

—

the Leaders of the full member parties;

| — | the Leaders of full member organisations; |
| --- | --- |

—

the Leaders of full member organisations;

| — | the President of the Socialist International; |
| --- | --- |

—

the President of the Socialist International;

| — | the President of the European Parliament, if he/she is a PES member; |
| --- | --- |

—

the President of the European Parliament, if he/she is a PES member;

| — | PES Members of the European Commission, including the High Representative of the Union for Foreign Affairs and Security Policy, if he/she is a PES member; |
| --- | --- |

—

PES Members of the European Commission, including the High Representative of the Union for Foreign Affairs and Security Policy, if he/she is a PES member;

| — | the President of the European Council, if he/she is a PES member; |
| --- | --- |

—

the President of the European Council, if he/she is a PES member;

| — | the President or 1st Vice-President of the Committee of the Regions, if he/she is a PES member. |
| --- | --- |

—

the President or 1st Vice-President of the Committee of the Regions, if he/she is a PES member.

39.2.   Once a year the President shall also invite the Leaders of the Associate Parties and Organisations to a meeting of the Party Leaders' Conference.

39.3.   The President may invite guests to the Leaders' Conference.

Article 40

Meetings of the Leaders' Conference

40.1.   The Party Leaders' Conference should be convened at least twice a year.

40.2.   Meetings shall be convened by the President, or, in his/her absence, a Vice-President.

CHAPTER IX

ADMINISTRATION OF THE PES

Article 41

The Secretary-General

41.1.   The Secretary-General, with the assistance of the secretariat, is in charge of the management of the party.

In particular, he/she shall be responsible for:

| — | the implementation of the decisions taken by the statutory bodies; |
| --- | --- |

—

the implementation of the decisions taken by the statutory bodies;

| — | the management and supervision of the daily activities of the Secretariat; |
| --- | --- |

—

the management and supervision of the daily activities of the Secretariat;

| — | contacts with member parties and organisations partners; |
| --- | --- |

—

contacts with member parties and organisations partners;

| — | support to the President, Vice-President(s) and Treasurer; |
| --- | --- |

—

support to the President, Vice-President(s) and Treasurer;

| — | preparation and organisation of meetings; |
| --- | --- |

—

preparation and organisation of meetings;

| — | finances and the keeping of accounts; |
| --- | --- |

—

finances and the keeping of accounts;

| — | relations with the press and public. |
| --- | --- |

—

relations with the press and public.

41.2   The Secretary-General has a right of initiative during meetings of the PES concerning the implementation of decisions taken by the PES.

Article 42

The Coordination Team

42.1.   The Secretary-General shall convene meetings of a Coordination Team to discuss the planning, preparation, follow-up and financing of PES activities.

42.2.   The Coordination Team shall consist of one representative from each full member. The Secretary-General may also invite representatives from associate and observer members and other organisations.

42.3.   Meetings of the Coordination Team shall take place at least three times in each calendar year.

Article 43

Administrative organ

43.1.   The administrative organ of the PES is composed of the President, the Treasurer and the Secretary-General appointed according to articles 21.2. and 33.3. of the present statutes.

43.2.   The length of their mandate is ruled by articles 23.1. and 33.5. of the present statutes.

43.3.   The Administrative organ presents the annual accounts and the budget to the PES Presidency.

CHAPTER X

FINANCES

Article 44

Financing of the PES

44.1.   The PES shall be financed by:

| — | the general budget of the EU in conformity with the Regulation of the European Parliament and Council on the regulations governing political parties at European level and the rules regarding their funding; |
| --- | --- |

—

the general budget of the EU in conformity with the Regulation of the European Parliament and Council on the regulations governing political parties at European level and the rules regarding their funding;

| — | membership fees; |
| --- | --- |

—

membership fees;

| — | contributions from members or other organisations or individuals; |
| --- | --- |

—

contributions from members or other organisations or individuals;

| — | donations. |
| --- | --- |

—

donations.

44.2.   Membership fees, contributions and donations come under the conditions and obligations relating to the funding of European political parties established in the EC Regulation referred to in Article 2.2. of the present statutes;

44.3.   Membership fees shall be determined annually by the PES Presidency, based on the weight of each party within the PES as defined in article 20.6.

Member organisations are exempt from subscription.

44.4.   Members of the PES are not entitled to vote or take part in meetings of the PES unless they have paid their annual affiliation fee by the end of the first quarter of the financial year.

Article 45

Financial year

The financial year begins on 1 January and ends on 31 December.

Article 46

Audit

The control of the financial situation, of the annual accounts and the certification that the operations stated in the annual accounts are in conformity with the law, the statutes and the financial regulations of the European Union, is entrusted to one or several auditors, nominated by the Presidency from among the members of the Belgian ‘Institut des Réviseurs d'Entreprise’.

CHAPTER XI

MISCELLANEOUS

Article 47

Representation of the PES

47.1.   The PES shall be legitimately represented in all its acts, including legal matters, either by the President or by any other representative acting within the limits of his/her mandate.

47.2.   The Secretary-General may legitimately represent the PES individually in all acts of daily management, including legal matters.

Article 48

Limited liability

48.1.   Members of the PES, members of the Presidency and people in charge of daily management are not bound by the obligations of the PES.

48.2.   The liability of the members of the Presidency or of people charged with the daily management of the PES is limited to the strict fulfilment of their mandate

Article 49

Change of statutes, dissolution and liquidation

49.1.   Amendments to the Statutes may only be tabled by a full member and shall require a superqualified majority (cf. Art. 20.5.) of Congress in order to be adopted, following a proposal from the Presidency.

49.2.   All decisions related to the change of statutes must be submitted to the Belgian Minister of Justice and published in the Annexes of the Belgian Official Journal.

49.3.   If the association is dissolved, the Congress shall decide by simple majority on the disinterested allocation of the net assets of the association after its liquidation.

Annex 1

Article 3.2. of PES Statutes

PES Declaration of principles, adopted by the PES Council on 24 November 2011

Socialism and Social Democracy have a long and proud history of achievement. The welfare state, universal access to education and to health care, and the struggle for fundamental rights have improved the lives of countless individuals and created more equal, just and secure societies. In the 21st century, our movement continues to shape a better future for all.

Freedom, equality, solidarity and justice are our fundamental values. These universal values belong together. Democracy is a prerequisite to their full expression. Combined, our values form our moral compass to build progressive societies in today’s world. These are societies in which individuals do not struggle against each other but work together for the benefit of all. These are thriving, trusting societies which take care of their environment now and as an investment for the future. These are societies in which each and every person is able to create the conditions for his or her emancipation.

Our values are being challenged. People, money, goods, information and ideas travel incessantly. But the reality of deregulated globalization provokes a more fragmented sense of living. Market forces, driven by finance and greed, are annexing huge amounts of power from democratic control. These forces serve the interests of a privileged few. Conservatives and neo-liberals, have deepened economic, geographic and social inequalities, promoting a system of short-termism, easy profits and loose rules that has led to the worst crisis in modern times.

We reject the politics of pessimism that claim that nothing can be done. We reject the language of hate that makes people, and whole communities, scapegoats for the ills in societies. Instead, we work to build inclusive societies and a better future for all. We need a new progressive global agenda to enable the fruits of globalization to benefit all. This is a matter of political choice and responsibility.

Our principles for action

| 1. | Democracy must prevail in all areas of life to enable citizens to decide. Democracy must be pluralistic, transparent, truly representative of society’s diversity and enable everyone to participate, with an open public sphere, an independent media and free access to internet. Freedom of speech is fundamental to a democratic society. |
| --- | --- |

1.

Democracy must prevail in all areas of life to enable citizens to decide. Democracy must be pluralistic, transparent, truly representative of society’s diversity and enable everyone to participate, with an open public sphere, an independent media and free access to internet. Freedom of speech is fundamental to a democratic society.

| 2. | Strong public authorities all along the democratic chain, from the local, regional and national levels, to the European level of government, are essential. Together, they preserve the public good, guarantee the common interest and promote justice and solidarity in society. Good governance, the rule of law, accountability and transparency are the pillars of strong public authorities. |
| --- | --- |

2.

Strong public authorities all along the democratic chain, from the local, regional and national levels, to the European level of government, are essential. Together, they preserve the public good, guarantee the common interest and promote justice and solidarity in society. Good governance, the rule of law, accountability and transparency are the pillars of strong public authorities.

| 3. | We want to shape the future so that people regain control over their lives. True freedom means that people are active citizens, not passive consumers, empowered to build societies which have a richness that goes beyond material wealth, so that each individual’s fulfillment is also part of a collective endeavour. |
| --- | --- |

3.

We want to shape the future so that people regain control over their lives. True freedom means that people are active citizens, not passive consumers, empowered to build societies which have a richness that goes beyond material wealth, so that each individual’s fulfillment is also part of a collective endeavour.

| 4. | Decent work is the keystone in ensuring people are the architects of their future. Giving back a real meaning, a real value and a real continuity to work in life, is central to ensuring people’s emancipation and sense of pride. |
| --- | --- |

4.

Decent work is the keystone in ensuring people are the architects of their future. Giving back a real meaning, a real value and a real continuity to work in life, is central to ensuring people’s emancipation and sense of pride.

| 5. | A society based on our values means a new economy that embodies them. Values-driven growth, means that environmental sustainability, human dignity and well being are fundamental to wealth creation. This new economy must foster social progress that raises living standards, secures homes and creates jobs. The public sector plays an essential role in this new economy. |
| --- | --- |

5.

A society based on our values means a new economy that embodies them. Values-driven growth, means that environmental sustainability, human dignity and well being are fundamental to wealth creation. This new economy must foster social progress that raises living standards, secures homes and creates jobs. The public sector plays an essential role in this new economy.

| 6. | Our politics work to preserve the planet’s resources rather than exhaust them. Environmental sustainability means that we safeguard nature for present and future generations, not only in European cities and countries but across the globe. |
| --- | --- |

6.

Our politics work to preserve the planet’s resources rather than exhaust them. Environmental sustainability means that we safeguard nature for present and future generations, not only in European cities and countries but across the globe.

| 7. | Our renewed vision of solidarity is a joint investment in our common future. It means lasting justice and solidarity between generations. It means we preserve the planet, protect the elderly and invest in young people. Access to universal and free education is a cornerstone in ensuring our children and grandchildren have the means for emancipation. |
| --- | --- |

7.

Our renewed vision of solidarity is a joint investment in our common future. It means lasting justice and solidarity between generations. It means we preserve the planet, protect the elderly and invest in young people. Access to universal and free education is a cornerstone in ensuring our children and grandchildren have the means for emancipation.

| 8. | A strong and just society is one that instills confidence and inspires trust. To guarantee this trust and confidence, we must ensure that the wealth generated by all is shared fairly. This collective responsibility embodies our conviction that we are stronger when we work together. It also reflects our determination to enable all people to live a dignified life, free of poverty. All members of society are entitled to protection from social risks in life. |
| --- | --- |

8.

A strong and just society is one that instills confidence and inspires trust. To guarantee this trust and confidence, we must ensure that the wealth generated by all is shared fairly. This collective responsibility embodies our conviction that we are stronger when we work together. It also reflects our determination to enable all people to live a dignified life, free of poverty. All members of society are entitled to protection from social risks in life.

| 9. | We foster a sense of belonging based on a confident inclusion of all and not the fearful exclusion of some. An open and inclusive society values the individual and embraces diversity. This means the same dignity, freedom and equal access to rights, education, culture and public services for all, regardless of sex, racial or ethnic origin, religion or belief, disability, sexual orientation, gender identity or age. In this society, religion is separated from the State. |
| --- | --- |

9.

We foster a sense of belonging based on a confident inclusion of all and not the fearful exclusion of some. An open and inclusive society values the individual and embraces diversity. This means the same dignity, freedom and equal access to rights, education, culture and public services for all, regardless of sex, racial or ethnic origin, religion or belief, disability, sexual orientation, gender identity or age. In this society, religion is separated from the State.

| 10. | Building on the achievements of the feminist movement, we continue to fight for gender equality. This means that women and men equally share work, share power, share time and share roles, both in the public and in the private realms. |
| --- | --- |

10.

Building on the achievements of the feminist movement, we continue to fight for gender equality. This means that women and men equally share work, share power, share time and share roles, both in the public and in the private realms.

| 11. | Our shared pride in society guarantees our shared security. A free, peaceful and just society is one in which people are safe as they go about their lives. |
| --- | --- |

11.

Our shared pride in society guarantees our shared security. A free, peaceful and just society is one in which people are safe as they go about their lives.

| 12. | International solidarity means our political practice is always outward looking. Our solidarity goes beyond national borders. Ensuring long lasting prosperity, stability and above all, peace requires effective coordination in the international realm based on democracy, mutual respect and human rights. |
| --- | --- |

12.

International solidarity means our political practice is always outward looking. Our solidarity goes beyond national borders. Ensuring long lasting prosperity, stability and above all, peace requires effective coordination in the international realm based on democracy, mutual respect and human rights.

To put our principles into action in a world of economic, social and cultural interconnection, new progressive politics linking local, regional, national and European levels are needed to regain democratic control. A comprehensive approach to policy making that integrates all levels of governance is the guarantee to making each and every individual’s life more secure in the global, multi-polar age. A progressive, democratic European Union, with solidarity between European people’s and countries, reinforces democratic sovereignty on the national level on one side, and the international on the other.

Our commitment to European integration transcends competition between countries and reflects our determination to oppose the erosion of social rights. It embodies our pledge to build a European Union with lasting common political, social and economic realities, not only provisional cooperation between governments. There can be no political decision making without democratic control, no economic Union without a social Union, and no social Union without a common budget to support investment and reduce inequalities in the European Union. Alongside a political and economic European Union, an integrated Social Europe is crucial to improve the living conditions for citizens, in all countries indiscriminately. Our historical task is to work towards a progressive harmonization within a political Union, making it a tool for justice and emancipation.

A political voice that is truly progressive is needed in Europe. Unified action by the socialist, social democratic, labour and democratic progressive movement in the European Union and throughout Europe, and in cooperation with our partners within civil society and trade unions is required. The Party of European Socialists embodies these principles for action. Together, we will continue our political struggle in the European Union for progressive societies in the 21st century.

Annex 2

Article 1.2. of the Statutes

| | Партия на европейските социалисти, in Bulgarian |
| --- | --- |

Партия на европейските социалисти, in Bulgarian

| | Stranka europskih socijalista, in Croatian |
| --- | --- |

Stranka europskih socijalista, in Croatian

| | Evropská Strana Sociálně Demokratická, in Czech |
| --- | --- |

Evropská Strana Sociálně Demokratická, in Czech

| | De Europæiske Socialdemokraters Parti, in Danish |
| --- | --- |

De Europæiske Socialdemokraters Parti, in Danish

| | Partij van de Europese Sociaaldemocraten, in Dutch |
| --- | --- |

Partij van de Europese Sociaaldemocraten, in Dutch

| | Party of European Socialists, in English |
| --- | --- |

Party of European Socialists, in English

| | Euroopa Sotsiaaldemokraatlik Partei, in Estonian |
| --- | --- |

Euroopa Sotsiaaldemokraatlik Partei, in Estonian

| | Euroopan Sosialidemokraattinen Puolue, in Finnish |
| --- | --- |

Euroopan Sosialidemokraattinen Puolue, in Finnish

| | Parti Socialiste Européen, in French |
| --- | --- |

Parti Socialiste Européen, in French

| | Sozialdemokratische Partei Europas, in German |
| --- | --- |

Sozialdemokratische Partei Europas, in German

| | Ευρωπαϊκό Σοσιαλιστικό Κόμμα, in Greek |
| --- | --- |

Ευρωπαϊκό Σοσιαλιστικό Κόμμα, in Greek

| | Európai Szocialisták Pártja, in Hungarian |
| --- | --- |

Európai Szocialisták Pártja, in Hungarian

| | Páirtí na Soisialach um Eoraip, in Irish |
| --- | --- |

Páirtí na Soisialach um Eoraip, in Irish

| | Partito del Socialismo Europeo, in Italian |
| --- | --- |

Partito del Socialismo Europeo, in Italian

| | Eiropas Sociâldemokrâtu Partija, in Latvian |
| --- | --- |

Eiropas Sociâldemokrâtu Partija, in Latvian

| | Europos Socialdemokratu Partija, in Lithuanian |
| --- | --- |

Europos Socialdemokratu Partija, in Lithuanian

| | Parti tas-Socjalisti Ewropej, in Maltese |
| --- | --- |

Parti tas-Socjalisti Ewropej, in Maltese

| | De Europeiske Sosialdemokraters Parti, in Norwegian |
| --- | --- |

De Europeiske Sosialdemokraters Parti, in Norwegian

| | Partia Europejskich Socjalistów, in Polish |
| --- | --- |

Partia Europejskich Socjalistów, in Polish

| | Partido Socialista Europeu, in Portuguese |
| --- | --- |

Partido Socialista Europeu, in Portuguese

| | Partidul Socialistilor Europeni, in Romanian |
| --- | --- |

Partidul Socialistilor Europeni, in Romanian

| | Strana Európskych Socialistov, in Slovakian |
| --- | --- |

Strana Európskych Socialistov, in Slovakian

| | Stranka Evropskih Socialdemokratov, in Slovenian |
| --- | --- |

Stranka Evropskih Socialdemokratov, in Slovenian

| | Partido Socialista Europeo, in Spanish |
| --- | --- |

Partido Socialista Europeo, in Spanish

| | Europeiska Socialdemokraters Parti, in Swedish |
| --- | --- |

Europeiska Socialdemokraters Parti, in Swedish

Annex 3

Article 3.3. of PES Statutes

‘For a modern, pluralist and tolerant Europe’ declaration adopted by the 5th PES Congress on 7-8 May 2001 in Berlin.

We, the European socialist, social democratic and labour parties, reaffirm democracy, freedom, equality and solidarity as our central political values.

The belief that all humans are of equal worth is fundamental to our vision and our purpose as a movement. We fight racism because it disfigures society at a cost to everyone in it and because it diminishes the human dignity that is everyone’s birthright.

Real justice can only thrive in a society that is open and tolerant. The free expression of different cultures, different faiths, different orientations and different life choices is the basis of an open society. Prejudice, discrimination and intolerance are the enemies of a common European cultural heritage which build its identity not on the membership to a same ethnic group, to a same soil or to a same blood but on sharing the same principles and fundamental rights for people.

The universality of rights in which we believe is not limited by colour or creed. That is why social democrats have led the way with legislation across Europe to oppose discrimination and to ban expressions of race hatred. But there must be more to the creation of a successful multi-ethnic society than measures to combat racism in its overt form. We must also create a positive climate in which all ethnic communities have the full opportunity to contribute their creativity and talents to the societies in which they live. We must reject cultural chauvinism and make it clear that our national and European identities are shared concepts which all communities have a role in helping to shape.

The promotion of tolerance and mutual respect has always been a central objective of social democracy. But it is all the more relevant to the modern world. The global era and the revolution in communications have produced global population movements without parallel in history. Successive waves of immigration have added greatly to Europe’s ethnic and cultural diversity. We do not see this as a threat. It is an asset which has strengthened our economy, enriched our culture and broadened our understanding of the world.

The countries of the European Union, and the countries in the accession process, share a common set of values of freedom, equality and tolerance. We seek to share these values with our neighbours. In particular we will work in the former Yugoslavia to close the past of ethnic hatred and ethnic nationalism. We offer a future to the new democracies of the Western Balkans based on equal rights for all citizens regardless of ethnic identity.

Therefore we reaffirm our support for the Charter of European political parties for a non-racist society and commit ourselves to upholding its principles. In particular, all PES parties adhere to the following principles of good practice and invite other European political families to do the same:

| — | To refrain from any form of political alliance or cooperation at all levels with any political party which incites or attempts to stir up racial or ethnic prejudices and racial hatred. |
| --- | --- |

—

To refrain from any form of political alliance or cooperation at all levels with any political party which incites or attempts to stir up racial or ethnic prejudices and racial hatred.

| — | To strive for fair representation of citizens without distinction of origin at all levels of the parties with a special responsibility for the party leadership to stimulate and support the recruitment of candidates from these groups for political functions as well as membership. |
| --- | --- |

—

To strive for fair representation of citizens without distinction of origin at all levels of the parties with a special responsibility for the party leadership to stimulate and support the recruitment of candidates from these groups for political functions as well as membership.

| — | To strive for fair representation and democratic involvement of all ethnic minorities in society and its institutions. Democracy is not the property of the majority and our concept of citizenship is an inclusive one. |
| --- | --- |

—

To strive for fair representation and democratic involvement of all ethnic minorities in society and its institutions. Democracy is not the property of the majority and our concept of citizenship is an inclusive one.

Bigotry and racism towards people of different ethnic identities is parent to xenophobia towards the foreigner. Those who cannot come to terms with ethnic diversity at home will be incapable of building a successful, modern Europe. Conversely, we who support pluralism at home are better equipped to forge strong partnerships abroad. We must ensure that political chauvinism and narrow nationalism are consigned to Europe’s past.

Appendix

Register of PES members

(Article 9 of the PES Statutes)

Memberships are ruled by Chapter II of the PES Statutes

The following Parties and organisations are members of the PES:

FUL MEMBER PARTIES

| | Sozialdemokratische Partei Österreichs – SPÖ (Austria) |
| --- | --- |

Sozialdemokratische Partei Österreichs – SPÖ (Austria)

| | Parti Socialiste – PS (Belgium) |
| --- | --- |

Parti Socialiste – PS (Belgium)

| | Sociaal Progressief Alternatief – sp.a (Belgium) |
| --- | --- |

Sociaal Progressief Alternatief – sp.a (Belgium)

| | Bulgarska Sotsialisticheska Partiya – BSP (Bulgaria) |
| --- | --- |

Bulgarska Sotsialisticheska Partiya – BSP (Bulgaria)

| | Socijaldemokratska Partija Hrvatske – SDP (Croatia) |
| --- | --- |

Socijaldemokratska Partija Hrvatske – SDP (Croatia)

| | Kinima Sosialdemokraton – EDEK (Cyprus) |
| --- | --- |

Kinima Sosialdemokraton – EDEK (Cyprus)

| | Ceská strana sociálne demokratická – CSSD (Czech Republic) |
| --- | --- |

Ceská strana sociálne demokratická – CSSD (Czech Republic)

| | Socialdemokratiet – SD (Denmark) |
| --- | --- |

Socialdemokratiet – SD (Denmark)

| | Sotsiaaldemokraatlik Erakond – SDE (Estonia) |
| --- | --- |

Sotsiaaldemokraatlik Erakond – SDE (Estonia)

| | Suomen Sosialidemokraattinen Puolue – SDP (Finland) |
| --- | --- |

Suomen Sosialidemokraattinen Puolue – SDP (Finland)

| | Parti Socialiste – PS (France) |
| --- | --- |

Parti Socialiste – PS (France)

| | Sozialdemokratische Partei Deutschlands – SPD (Germany) |
| --- | --- |

Sozialdemokratische Partei Deutschlands – SPD (Germany)

| | The Labour Party (Great Britain) |
| --- | --- |

The Labour Party (Great Britain)

| | Panellinio Sosialistiko Kinima – PASOK (Greece) |
| --- | --- |

Panellinio Sosialistiko Kinima – PASOK (Greece)

| | Magyar Szocialista Párt – MSzP (Hungary) |
| --- | --- |

Magyar Szocialista Párt – MSzP (Hungary)

| | Magyarországi Szociáldemokrata Párt – MSzDP (Hungary) |
| --- | --- |

Magyarországi Szociáldemokrata Párt – MSzDP (Hungary)

| | An Luch Oibre/The Labour Party (Ireland) |
| --- | --- |

An Luch Oibre/The Labour Party (Ireland)

| | Partito Democratico – PD (Italy) |
| --- | --- |

Partito Democratico – PD (Italy)

| | Partito Socialista – PSI (Italy) |
| --- | --- |

Partito Socialista – PSI (Italy)

| | Lietuvos Socialdemokratu Partija – LSDP (Lithuania) |
| --- | --- |

Lietuvos Socialdemokratu Partija – LSDP (Lithuania)

| | Lëtzebuerger Sozialistesch Arbechterparte – LSAP (Luxembourg) |
| --- | --- |

Lëtzebuerger Sozialistesch Arbechterparte – LSAP (Luxembourg)

| | Partit Laburista – PL (Malta) |
| --- | --- |

Partit Laburista – PL (Malta)

| | Partij van de Arbeid – PvdA (The Netherlands) |
| --- | --- |

Partij van de Arbeid – PvdA (The Netherlands)

| | Social Democratic and Labour Party – SDLP (Northern Ireland) |
| --- | --- |

Social Democratic and Labour Party – SDLP (Northern Ireland)

| | Det Norske Arbeiderparti (Norway) |
| --- | --- |

Det Norske Arbeiderparti (Norway)

| | Sojusz Lewicy Demokratycznej – SLD (Poland) |
| --- | --- |

Sojusz Lewicy Demokratycznej – SLD (Poland)

| | Unia Pracy – UP (Poland) |
| --- | --- |

Unia Pracy – UP (Poland)

| | Partido Socialista – PS (Portugal) |
| --- | --- |

Partido Socialista – PS (Portugal)

| | Partidul Social Democrat – PSD (Romania) |
| --- | --- |

Partidul Social Democrat – PSD (Romania)

| | SMER — sociálna demokracia – SMER (Slovakia) |
| --- | --- |

SMER — sociálna demokracia – SMER (Slovakia)

| | Socialni Demokrati – SD (Slovenia) |
| --- | --- |

Socialni Demokrati – SD (Slovenia)

| | Partido Socialista Obrero Español – PSOE (Spain) |
| --- | --- |

Partido Socialista Obrero Español – PSOE (Spain)

| | Sveriges Socialdemokratiska Arbetareparti – SAP (Sweden) |
| --- | --- |

Sveriges Socialdemokratiska Arbetareparti – SAP (Sweden)

FULL MEMBER ORGANISATIONS

| | Political Groups in the EU institutions |
| --- | --- |

Political Groups in the EU institutions

| | Group of the Progressive Alliance of Socialist & Democrats in the European Parliament (S&D) |
| --- | --- |

Group of the Progressive Alliance of Socialist & Democrats in the European Parliament (S&D)

| | PES Group in the Committee of the Regions |
| --- | --- |

PES Group in the Committee of the Regions

| | Sectoral organisations of the PES |
| --- | --- |

Sectoral organisations of the PES

| | PES Women |
| --- | --- |

PES Women

| | Young Europen Socialists (YES) |
| --- | --- |

Young Europen Socialists (YES)

| | Political Foundation |
| --- | --- |

Political Foundation

| | Foundation for European Progressive Studies (FEPS) |
| --- | --- |

Foundation for European Progressive Studies (FEPS)

ASSOCIATE PARTIES

| | Parti Socialist e Shqipërisë – PS (Albania) |
| --- | --- |

Parti Socialist e Shqipërisë – PS (Albania)

| | Socijaldemokratska partija Bosne i Hercegovine – SDP (Bosnia & Herzegovina) |
| --- | --- |

Socijaldemokratska partija Bosne i Hercegovine – SDP (Bosnia & Herzegovina)

| | Pariya Bulgarski Socialdemokrati – pBS (Bulgaria) |
| --- | --- |

Pariya Bulgarski Socialdemokrati – pBS (Bulgaria)

| | Socijaldemokratski Sojuz na Makedonija – SDSM (FYR Macedonia) |
| --- | --- |

Socijaldemokratski Sojuz na Makedonija – SDSM (FYR Macedonia)

| | Samfylkingin (Iceland) |
| --- | --- |

Samfylkingin (Iceland)

| | Sociāldemokrātiskā partija ‘Saskaņa’ – SDPS (Latvia) |
| --- | --- |

Sociāldemokrātiskā partija ‘Saskaņa’ – SDPS (Latvia)

| | Partidului Democrat din Moldova – DP (Moldova) |
| --- | --- |

Partidului Democrat din Moldova – DP (Moldova)

| | Demokratska Partija Socijalista Crne Gore – DPS (Montenegro) |
| --- | --- |

Demokratska Partija Socijalista Crne Gore – DPS (Montenegro)

| | Socijaldemokratska Partija Crne Gore – SDP (Montenegro) |
| --- | --- |

Socijaldemokratska Partija Crne Gore – SDP (Montenegro)

| | Demokratska stranka – DS (Serbia) |
| --- | --- |

Demokratska stranka – DS (Serbia)

| | Sozialdemokratische Partei der Schweiz/Parti Socialiste Suisse – PS (Switzerland) |
| --- | --- |

Sozialdemokratische Partei der Schweiz/Parti Socialiste Suisse – PS (Switzerland)

| | Cumhuriyet Halk Partisi – CHP (Turkey) |
| --- | --- |

Cumhuriyet Halk Partisi – CHP (Turkey)

| | Halklarin Demokratik Partisi – HDP (Turkey) |
| --- | --- |

Halklarin Demokratik Partisi – HDP (Turkey)

ASSOCIATED ORGANISATIONS

| | Rainbow Rose, the LGBT network in the PES |
| --- | --- |

Rainbow Rose, the LGBT network in the PES

| | Progressive Alliance |
| --- | --- |

Progressive Alliance

| | Socialist Group in the Parliamentary Assembly of the Council of Europe |
| --- | --- |

Socialist Group in the Parliamentary Assembly of the Council of Europe

| | Socialist Group in the Parliamentary Assembly of the OSCE |
| --- | --- |

Socialist Group in the Parliamentary Assembly of the OSCE

| | Socialist Internationa |
| --- | --- |

Socialist Internationa

OBERVER PARTIES

| | ARF-Dashnaktsutyun – ARF (Armenia) |
| --- | --- |

ARF-Dashnaktsutyun – ARF (Armenia)

| | Partit Socialdemòcrata – PSD (Andorra) |
| --- | --- |

Partit Socialdemòcrata – PSD (Andorra)

| | Cumhuriyetçi Türk Partisi – CTP (Cyprus) |
| --- | --- |

Cumhuriyetçi Türk Partisi – CTP (Cyprus)

| | ESDP (Egypt) |
| --- | --- |

ESDP (Egypt)

| | Georgian Dream (Georgia) |
| --- | --- |

Georgian Dream (Georgia)

| | Israel Labor Party (Israel) |
| --- | --- |

Israel Labor Party (Israel)

| | Meretz (Israel) |
| --- | --- |

Meretz (Israel)

| | Latvijas Socialdemokratiska Stradnieky Partija – LSDSP (Latvia) |
| --- | --- |

Latvijas Socialdemokratiska Stradnieky Partija – LSDSP (Latvia)

| | Fatah (Palestine) |
| --- | --- |

Fatah (Palestine)

| | Partito dei Socialisti e dei Democratici – PSD (San Marino) |
| --- | --- |

Partito dei Socialisti e dei Democratici – PSD (San Marino)

| | FDTL-Ettakatol – FDTL (Tunisia) |
| --- | --- |

FDTL-Ettakatol – FDTL (Tunisia)

| | Union Socialiste del Forces Populaires – USFP (Morocco) |
| --- | --- |

Union Socialiste del Forces Populaires – USFP (Morocco)

OBSERVER ORGANISATIONS

| | CEE Network for Gender Issues |
| --- | --- |

CEE Network for Gender Issues

| | European Forum for Democracy and Solidarity (EFDS) |
| --- | --- |

European Forum for Democracy and Solidarity (EFDS)

| | European Senior Organisation (ESO) |
| --- | --- |

European Senior Organisation (ESO)

| | International Falcon Movement – Socialist Educational International (IFM-SEI) |
| --- | --- |

International Falcon Movement – Socialist Educational International (IFM-SEI)

| | International Social Democratic Union for Education (ISDUE) |
| --- | --- |

International Social Democratic Union for Education (ISDUE)

| | International Union of Socialist Youth (IUSY) |
| --- | --- |

International Union of Socialist Youth (IUSY)

| | Joint Committee of the Nordic Social Democratic Labour Movement (SAMAK) |
| --- | --- |

Joint Committee of the Nordic Social Democratic Labour Movement (SAMAK)

| | Socialist International Women (SIW) |
| --- | --- |

Socialist International Women (SIW)

| | PES Local – Socialist Local Representatives in Europe (1) |
| --- | --- |

PES Local – Socialist Local Representatives in Europe (1)

Brussels, 25 April 2017.

Sergei STANISHEV

President

Party of European Socialists

---

(1)  Former USLRRE

1

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 15.7.2017 | EN | Official Journal of the European Union | C 230/51 |
| --- | --- | --- | --- |

15.7.2017

EN

Official Journal of the European Union

C 230/51

---

Prior notification of a concentration

(Case M.8560 — HAPM/Magna/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 230/07)

| 1. | On 10 July 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Hubei Aviation Precision Machinery Technology Co., Ltd. (China) (‘HAPM’) ultimately controlled by Aviation Industry Corporation of China, Beijing (China) (‘AVIC’), and Magna International Inc. (Canada) (‘Magna’) acquire within the meaning of Article 3(4) of the Merger Regulation joint control of Hubei HAPM MAGNA Seating Systems Co., Ltd., (China) (the ‘JV’) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 10 July 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Hubei Aviation Precision Machinery Technology Co., Ltd. (China) (‘HAPM’) ultimately controlled by Aviation Industry Corporation of China, Beijing (China) (‘AVIC’), and Magna International Inc. (Canada) (‘Magna’) acquire within the meaning of Article 3(4) of the Merger Regulation joint control of Hubei HAPM MAGNA Seating Systems Co., Ltd., (China) (the ‘JV’) by way of purchase of shares in a newly created company constituting a joint venture.

| 2. | The business activities of the undertakings concerned are:
  —   HAPM: the supply of seat mechanism and structure components,
  —   Magna: the supply of a broad range of automotive components, including body, chassis, exterior, seating, powertrain, active driver assistance, vision, closure and roof systems, as well as complete vehicle engineering and contract manufacturing,
  —   JV: will be active in the manufacture and sale of components for automotive seats for passenger cars and light commercial vehicles (seat structures and seat mechanisms) for the Chinese market. The JV will be active exclusively in China and may expand in other Asian countries in the future. The Parties have not foreseen any expansion of the JV’s business activity in the EEA. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   HAPM: the supply of seat mechanism and structure components,

—   Magna: the supply of a broad range of automotive components, including body, chassis, exterior, seating, powertrain, active driver assistance, vision, closure and roof systems, as well as complete vehicle engineering and contract manufacturing,

—   JV: will be active in the manufacture and sale of components for automotive seats for passenger cars and light commercial vehicles (seat structures and seat mechanisms) for the Chinese market. The JV will be active exclusively in China and may expand in other Asian countries in the future. The Parties have not foreseen any expansion of the JV’s business activity in the EEA.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8560 — HAPM/Magna/JV, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8560 — HAPM/Magna/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

---

| 15.7.2017 | EN | Official Journal of the European Union | C 230/52 |
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Prior notification of a concentration

(Case M.8558 — DB/PSPIB/TIAA/Vantage)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 230/08)

| 1. | On 7 July 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Digital Bridge Holdings, LLC (‘DB’, United States), Public Sector Pension Investment Board (‘PSPIB’, Canada), and Teachers Insurance and Annuity Association of America (‘TIAA’, United States) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Vantage Data Centers Holding Company (‘Vantage’, United States) by way of an exchange of shares. |
| --- | --- |

1.

On 7 July 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Digital Bridge Holdings, LLC (‘DB’, United States), Public Sector Pension Investment Board (‘PSPIB’, Canada), and Teachers Insurance and Annuity Association of America (‘TIAA’, United States) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Vantage Data Centers Holding Company (‘Vantage’, United States) by way of an exchange of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for DB: owning interests in communications infrastructure companies.
  —   for PSPIB: managing pension investment of the pension plans of the Canadian Federal Public Service, the Canadian Forces, the Royal Canadian Mounted Police and the Reserve Force. It manages a diversified global portfolio including stocks, bonds and other fixed-income securities as well as investments in private equity, real estate, infrastructure, natural resources and private debt.
  —   for TIAA: providing investment products and services to those who work in the academic, research, medical and cultural fields in the United States.
  —   for Vantage: owning and operating five fully leased data centres across two campuses in: (i) Santa Clara, California; and (ii) Quincy, Washington, United States, for a total capacity of approximately 56 MW. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for DB: owning interests in communications infrastructure companies.

—   for PSPIB: managing pension investment of the pension plans of the Canadian Federal Public Service, the Canadian Forces, the Royal Canadian Mounted Police and the Reserve Force. It manages a diversified global portfolio including stocks, bonds and other fixed-income securities as well as investments in private equity, real estate, infrastructure, natural resources and private debt.

—   for TIAA: providing investment products and services to those who work in the academic, research, medical and cultural fields in the United States.

—   for Vantage: owning and operating five fully leased data centres across two campuses in: (i) Santa Clara, California; and (ii) Quincy, Washington, United States, for a total capacity of approximately 56 MW.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8558 — DB/PSPIB/TIAA/Vantage to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8558 — DB/PSPIB/TIAA/Vantage to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

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OTHER ACTS

European Commission

| 15.7.2017 | EN | Official Journal of the European Union | C 230/53 |
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INFORMATION NOTICE — PUBLIC CONSULTATION

Geographical indication from Moldova

(2017/C 230/09)

In the context of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (1), the protection in the European Union, as geographical indication, of the Moldovan names set out below is under consideration.

The Commission invites any Member State or third country or any natural or legal person having a legitimate interest, resident or established in a Member State or in a third country, to submit opposition to such protection by lodging a duly substantiated statement.

Statements of opposition must reach the Commission within one month of the date of this publication. Statements of opposition should be sent to the following email address:

AGRI-A5-GI@ec.europa.eu

Statements of opposition shall be examined only if they are received within the time-limit set out above and if they show that the protection of the name proposed would:

| (a) | conflict with the name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the true origin of the product; |
| --- | --- |

(a)

conflict with the name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the true origin of the product;

| (b) | be wholly or partially homonymous with that of a name already protected in the Union under Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (2) and Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (3) or contained in the agreements the Union has concluded with the following countries:






  — | Chile (4) |
| --- | --- | --- |

(b)

be wholly or partially homonymous with that of a name already protected in the Union under Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (2) and Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (3) or contained in the agreements the Union has concluded with the following countries:

—

Chile (4)

| — | Korea (5) |
| --- | --- |

—

Korea (5)

| — | Central America (6) |
| --- | --- |

—

Central America (6)

| — | Colombia, Peru and Ecuador (7) |
| --- | --- |

—

Colombia, Peru and Ecuador (7)

| — | Former Yugoslav Republic of Macedonia (8) |
| --- | --- |

—

Former Yugoslav Republic of Macedonia (8)

| — | Canada (9) |
| --- | --- |

—

Canada (9)

| — | Albania (10) |
| --- | --- |

—

Albania (10)

| — | Montenegro (11) |
| --- | --- |

—

Montenegro (11)

| — | Bosnia and Herzegovina (12) |
| --- | --- |

—

Bosnia and Herzegovina (12)

| — | Serbia (13) |
| --- | --- |

—

Serbia (13)

| — | Georgia (14) |
| --- | --- |

—

Georgia (14)

| — | SADC EPA States (comprising Botswana, Lesotho, Mozambique, Namibia, South Africa and Swaziland) (15) |
| --- | --- |

—

SADC EPA States (comprising Botswana, Lesotho, Mozambique, Namibia, South Africa and Swaziland) (15)

| — | Ukraine (16) |
| --- | --- |

—

Ukraine (16)

| — | Switzerland (17) |
| --- | --- |

—

Switzerland (17)

| — | Mexico (18) |
| --- | --- |

—

Mexico (18)

| (c) | in the light of a trade mark’s reputation and renown and the length of time it has been used, be liable to mislead the consumer as to the true identity of the product; |
| --- | --- |

(c)

in the light of a trade mark’s reputation and renown and the length of time it has been used, be liable to mislead the consumer as to the true identity of the product;

| (d) | jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication of this notice; |
| --- | --- |

(d)

jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication of this notice;

| (e) | or if they can give details from which it can be concluded that the name for which protection is considered is generic. |
| --- | --- |

(e)

or if they can give details from which it can be concluded that the name for which protection is considered is generic.

The criteria referred to above shall be evaluated in relation to the territory of the Union, which in the case of intellectual property rights refers only to the territory or territories where the said rights are protected. The publication of this notice shall not imply that the names under consideration will ultimately be granted protection as geographic indications in the European Union. The possible protection of these names in the European Union is subject to the successful conclusion of further steps under the Association Agreement and subsequent legal acts.

Geographical Indications

| Name to be protected | Type of product |
| --- | --- |
| Dulceaţă din petale de trandafir Călăraşi | Rose petal jam |
| Rachiu de caise de Nimoreni | Spirit drink |

Name to be protected

Type of product

Dulceaţă din petale de trandafir Călăraşi

Rose petal jam

Rachiu de caise de Nimoreni

Spirit drink

---

(1)  OJ L 260, 31.8.2014, p. 4.

(2)  OJ L 343, 14.12.2012, p. 1.

(3)  OJ L 39, 13.2.2008, p. 16.

(4)  Council Decision 2002/979/EC of 18 November 2002 on the signature and provisional application of certain provisions of an Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (OJ L 352, 30.12.2002, p. 1).

(5)  Council Decision 2011/265/EU of 16 September 2010 on the signing, on behalf of the European Union, and provisional application of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (OJ L 127, 14.5.2011, p. 1).

(6)  Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (OJ L 346, 15.12.2012, p. 3).

(7)  Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, OJ L 354, 21.12.2012, p. 3, and Protocol of Accession to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of Ecuador (OJ L 356, 24.12.2016, p. 3).

(8)  Council Decision 2001/916/EC of 3 December 2001 on the conclusion of an Additional Protocol adjusting the trade aspects of the Stabilisation and Association Agreement between the European Community and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks (OJ L 342, 27.12.2001, p. 6).

(9)  Council Decision 2004/91/EC of 30 July 2003 on the conclusion of the Agreement between the European Community and Canada on trade in wines and spirit drinks (OJ L 35, 6.2.2004, p. 1).

(10)  Council Decision 2006/580/EC of 12 June 2006 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part – Protocol 3 on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine, spirit drinks and aromatised wine names (OJ L 239, 1.9.2006, p. 1).

(11)  Council Decision 2007/855/EC of 15 October 2007 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Montenegro, of the other part (OJ L 345, 28.12.2007, p. 1).

(12)  Council Decision 2008/474/EC of 16 June 2008 on the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part – Protocol 6 (OJ L 169, 30.6.2008, p. 10).

(13)  Council and Commission Decision 2013/490/EU, Euratom of 22 July 2013 on the conclusion of the Stabilisation and Association Agreement matters between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (OJ L 278, 18.10.2013, p. 14).

(14)  Council Decision 2012/164/EU of 14 February 2012 on the conclusion of the Agreement between the European Union and Georgia on the protection of geographical indications of agricultural products and foodstuffs (OJ L 93, 30.3.2012, p. 1).

(15)  Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (OJ L 250, 16.9.2016, p. 3).

(16)  Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (OJ L 161, 29.5.2014, p. 3).

(17)  Decision of the Council, and of the Commission 2002/309/EC as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation, and in particular the Agreement between the European Community and the Swiss Confederation on trade in Agricultural products (OJ L 114, 30.4.2002, p. 132).

(18)  Council Decision 97/361/EC of 27 May 1997 concerning the conclusion of an Agreement between the European Community and the United Mexican States on the mutual recognition and protection of designations for spirit drinks (OJ L 152, 11.6.1997, p. 15).

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Corrigenda

| 15.7.2017 | EN | Official Journal of the European Union | C 230/56 |
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Corrigendum to Commission Notice on the cooperation between the Commission and the courts of the EU Member States in the application of Articles 81 and 82 EC

(
  Official Journal of the European Union C 101 of 27 April 2004
  )

(2017/C 230/10)

On page 57, in point 18:

for:

‘comp-amicus@cec.eu.int’,

read:

read:

‘comp-amicus@ec.europa.eu’.

---