# CE2010076EN.01009401.xml

| 25.3.2010 | EN | Official Journal of the European Union | CE 76/94 |
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25.3.2010

EN

Official Journal of the European Union

CE 76/94

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Thursday 19 February 2009Community legal framework for a European Research Infrastructure (ERI) *

P6_TA(2009)0058

European Parliament legislative resolution of 19 February 2009 on the proposal for a Council regulation on the Community legal framework for a European Research Infrastructure (ERI) (COM(2008)0467 – C6-0306/2008 – 2008/0148(CNS))

2010/C 76 E/19

(Consultation procedure)

The European Parliament,

The European Parliament,

having regard to the Commission proposal to the Council (COM(2008)0467),

having regard to Article 171 and the first paragraph of Article 172 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0306/2008),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Industry, Research and Energy (A6-0007/2009),

| 1. | Approves the Commission proposal as amended; |
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1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
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2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
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3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
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4.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 5. | Instructs its President to forward its position to the Council and Commission. |
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5.

Instructs its President to forward its position to the Council and Commission.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENT |
| --- | --- |
| Amendment 1 |
| Proposal for a regulation


  Recital 3 |
| (3) | While traditional support for the use and development of European research infrastructures has essentially taken the form of grants in favour of established research infrastructures in the Member States, the need for additional efforts has become apparent in recent years in order to stimulate the development of new structures by creating an appropriate legal framework which should facilitate their establishment and operation at the level of the Community. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENT

Amendment 1

Amendment 1

Proposal for a regulation

Proposal for a regulation

Recital 3

Recital 3

(3)

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

| (3) | While traditional support for the use and development of European research infrastructures has essentially taken the form of grants in favour of established research infrastructures in the Member States, the need for additional efforts has become apparent in recent years in order to stimulate the development of new structures
  or to upgrade existing structures in order to optimise their use
  by creating an appropriate legal framework which should facilitate their establishment and operation at the level of the Community. |
| --- | --- |

(3)

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

or to upgrade existing structures in order to optimise their use

Amendment 2

Amendment 2

Proposal for a regulation

Proposal for a regulation

Recital 4

Recital 4

| (4) | This need has been expressed on numerous occasions both at political level by the Member States and the Community institutions, as well as by the various actors within the European research community such as undertakings, research centres
  and
  universities. |
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(4)

This need has been expressed on numerous occasions both at political level by the Member States and the Community institutions, as well as by the various actors within the European research community such as undertakings, research centres
  and
  universities.

and

| (4) | This need has been expressed on numerous occasions both at political level by the Member States and the Community institutions, as well as by the various actors within the European research community such as undertakings, research centres, universities
  and, in particular, the European Strategy Forum on Research Infrastructures (ESFRI). |
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(4)

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

and, in particular, the European Strategy Forum on Research Infrastructures (ESFRI).

Amendment 3

Amendment 3

Proposal for a regulation

Proposal for a regulation

Recital 6 a (new)

Recital 6 a (new)

| (6a) | A research infrastructure to be set up under this Regulation as a European Research Infrastructure (ERI) should aim at facilitating and promoting research of pan-European interest. It should do so on a non-economic basis, that is, by not offering to undertake work or to provide supplies and/or services which could distort competition. However, in order to promote innovation, knowledge and technology transfer, the ERI should be allowed to carry out some limited economic activities under certain conditions. |
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(6a)

(6a)

A research infrastructure to be set up under this Regulation as a European Research Infrastructure (ERI) should aim at facilitating and promoting research of pan-European interest. It should do so on a non-economic basis, that is, by not offering to undertake work or to provide supplies and/or services which could distort competition. However, in order to promote innovation, knowledge and technology transfer, the ERI should be allowed to carry out some limited economic activities under certain conditions.

Amendment 4

Amendment 4

Proposal for a regulation

Proposal for a regulation

Recital 7

Recital 7

| (7) | In contrast to Joint Technology Initiatives (JTI) constituted as Joint Undertakings of which the Community is a member and to which it makes financial contributions,
  a European Research Infrastructure (hereinafter referred to as
  “ERI”
  )
  should not be conceived as a Community body within the meaning of Article 185 of the Financial Regulation, but as a legal entity of which the Community is not
  necessarily
  a member and to which it does not make financial contributions within the meaning of Article 108(2), point (f), of the Financial Regulation. |
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(7)

In contrast to Joint Technology Initiatives (JTI) constituted as Joint Undertakings of which the Community is a member and to which it makes financial contributions,
  a European Research Infrastructure (hereinafter referred to as
  “ERI”
  )
  should not be conceived as a Community body within the meaning of Article 185 of the Financial Regulation, but as a legal entity of which the Community is not
  necessarily
  a member and to which it does not make financial contributions within the meaning of Article 108(2), point (f), of the Financial Regulation.

a European Research Infrastructure (hereinafter referred to as

)

necessarily

| (7) | In contrast to Joint Technology Initiatives (JTI) constituted as Joint Undertakings of which the Community is a member and to which it makes financial contributions,
  an
  ERI should not be conceived as a Community body within the meaning of Article 185 of the Financial Regulation, but as a legal entity of which the Community is not a member and to which it does not make financial contributions within the meaning of Article 108(2), point (f), of the Financial Regulation.
  This should not apply where the Community becomes a member of an ERI and makes a relevant financial contribution referred to in Article 185(1) of the Financial Regulation. Community funding of eris should, in all cases, be subject to the relevant provisions of the Financial Regulation. |
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(7)

In contrast to Joint Technology Initiatives (JTI) constituted as Joint Undertakings of which the Community is a member and to which it makes financial contributions,
  an
  ERI should not be conceived as a Community body within the meaning of Article 185 of the Financial Regulation, but as a legal entity of which the Community is not a member and to which it does not make financial contributions within the meaning of Article 108(2), point (f), of the Financial Regulation.
  This should not apply where the Community becomes a member of an ERI and makes a relevant financial contribution referred to in Article 185(1) of the Financial Regulation. Community funding of eris should, in all cases, be subject to the relevant provisions of the Financial Regulation.

an

This should not apply where the Community becomes a member of an ERI and makes a relevant financial contribution referred to in Article 185(1) of the Financial Regulation. Community funding of eris should, in all cases, be subject to the relevant provisions of the Financial Regulation.

Amendment 5

Amendment 5

Proposal for a regulation

Proposal for a regulation

Recital 8

Recital 8

| (8) | Given the close cooperation between Member States and the Community in programming and implementing their respective research activities in a complementary manner, as set out in Articles 164 and 165 of the Treaty, it should be for interested Member States,
  on their own or in conjunction with other qualified entities,
  to define their needs for the establishment of research infrastructures based on their research and technological development activities and on the requirements of the Community. For the same reasons, membership of an ERI should be open for interested Member States with the possible participation of qualified third countries and specialised intergovernmental organisations. |
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(8)

Given the close cooperation between Member States and the Community in programming and implementing their respective research activities in a complementary manner, as set out in Articles 164 and 165 of the Treaty, it should be for interested Member States,
  on their own or in conjunction with other qualified entities,
  to define their needs for the establishment of research infrastructures based on their research and technological development activities and on the requirements of the Community. For the same reasons, membership of an ERI should be open for interested Member States with the possible participation of qualified third countries and specialised intergovernmental organisations.

on their own or in conjunction with other qualified entities,

| (8) | Given the close cooperation between Member States and the Community in programming and implementing their respective research activities in a complementary manner, as set out in Articles 164 and 165 of the Treaty, it should be for interested Member States, to define their needs for the establishment of research infrastructures based on their research and technological development activities and on the requirements of the Community. For the same reasons, membership of an ERI should be open for interested Member States with the possible participation of qualified third countries and specialised intergovernmental organisations. |
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(8)

Given the close cooperation between Member States and the Community in programming and implementing their respective research activities in a complementary manner, as set out in Articles 164 and 165 of the Treaty, it should be for interested Member States, to define their needs for the establishment of research infrastructures based on their research and technological development activities and on the requirements of the Community. For the same reasons, membership of an ERI should be open for interested Member States with the possible participation of qualified third countries and specialised intergovernmental organisations.

Amendment 6

Amendment 6

Proposal for a regulation

Proposal for a regulation

Recital 9

Recital 9

| (9) | A European Research Infrastructure (hereinafter referred to as “ERI”) set up under this Regulation should have as its task the establishment and operation of a research infrastructure. It should do so on a non-economic basis in order to prevent distortions of competition. In order to promote innovation and knowledge and technology transfer, the ERI should be allowed to carry out some limited economic activities on certain conditions.
  The establishment of research infrastructures as ERIs does not exclude that research infrastructures of pan-European interest that have another legal form can equally be recognised as contributing
  to the implementation of the roadmap developed by the European Strategy Forum for Research Infrastructure (ESFRI) and
  to the progress of European research. The Commission will ensure that
  ESFRI members and other
  interested parties are informed about these alternative legal forms. |
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(9)

A European Research Infrastructure (hereinafter referred to as “ERI”) set up under this Regulation should have as its task the establishment and operation of a research infrastructure. It should do so on a non-economic basis in order to prevent distortions of competition. In order to promote innovation and knowledge and technology transfer, the ERI should be allowed to carry out some limited economic activities on certain conditions.
  The establishment of research infrastructures as ERIs does not exclude that research infrastructures of pan-European interest that have another legal form can equally be recognised as contributing
  to the implementation of the roadmap developed by the European Strategy Forum for Research Infrastructure (ESFRI) and
  to the progress of European research. The Commission will ensure that
  ESFRI members and other
  interested parties are informed about these alternative legal forms.

A European Research Infrastructure (hereinafter referred to as “ERI”) set up under this Regulation should have as its task the establishment and operation of a research infrastructure. It should do so on a non-economic basis in order to prevent distortions of competition. In order to promote innovation and knowledge and technology transfer, the ERI should be allowed to carry out some limited economic activities on certain conditions.

to the implementation of the roadmap developed by the European Strategy Forum for Research Infrastructure (ESFRI) and

ESFRI members and other

| (9) | The establishment of research infrastructures as ERIs
  under this Regulation
  does not exclude that research infrastructures of pan-European interest that have another legal form can equally be recognised as contributing to the progress of European research. The Commission will ensure that interested parties are informed about these alternative legal forms. |
| --- | --- |

(9)

The establishment of research infrastructures as ERIs
  under this Regulation
  does not exclude that research infrastructures of pan-European interest that have another legal form can equally be recognised as contributing to the progress of European research. The Commission will ensure that interested parties are informed about these alternative legal forms.

under this Regulation

Amendment 7

Amendment 7

Proposal for a regulation

Proposal for a regulation

Recital 10

Recital 10

| (10) | Research infrastructures should help to safeguard scientific excellence of Community research and the competitiveness of its economy, as based on medium-term to long-term forecasts, through the efficient support of European research activities. To achieve this they should be effectively open to the European research community at large and have the ambition to enhance the European scientific capabilities beyond the current state of the art and thereby contribute to the development of the European Research Area. |
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(10)

Research infrastructures should help to safeguard scientific excellence of Community research and the competitiveness of its economy, as based on medium-term to long-term forecasts, through the efficient support of European research activities. To achieve this they should be effectively open to the European research community at large and have the ambition to enhance the European scientific capabilities beyond the current state of the art and thereby contribute to the development of the European Research Area.

| (10) | Research infrastructures should help to safeguard scientific excellence of Community research and the competitiveness of its economy, as based on medium-term to long-term forecasts, through the efficient support of European research activities. To achieve this they should be effectively open to the European research community at large
  in accordance with the rules established in their Statutes
  and have the ambition to enhance the European scientific capabilities beyond the current state of the art and thereby contribute to the development of the European Research Area
  , in particular by promoting synergies with the EU cohesion policy. |
| --- | --- |

(10)

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

in accordance with the rules established in their Statutes

, in particular by promoting synergies with the EU cohesion policy.

Amendment 8

Amendment 8

Proposal for a regulation

Proposal for a regulation

Recital 10a (new)

Recital 10a (new)

| (10a) | In particular, new research infrastructures should take into account, where appropriate, the importance of unlocking the potential for scientific excellence in the convergence regions, as a means of enhancing the EU’s long-term performance in research, innovation and economic competitiveness. |
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(10a)

(10a)

In particular, new research infrastructures should take into account, where appropriate, the importance of unlocking the potential for scientific excellence in the convergence regions, as a means of enhancing the EU’s long-term performance in research, innovation and economic competitiveness.

Amendment 9

Amendment 9

Proposal for a regulation

Proposal for a regulation

Recital 12

Recital 12

| (12) | For reasons of transparency, the decision of setting up an ERI should be published in the Official Journal of the European Union. For the same reasons, an extract from the Statutes, providing their essential elements, should be annexed to that decision. |
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(12)

For reasons of transparency, the decision of setting up an ERI should be published in the Official Journal of the European Union. For the same reasons, an extract from the Statutes, providing their essential elements, should be annexed to that decision.

Official Journal of the European Union

| (12) | For reasons of transparency, the decision of setting up
  a research infrastructure as
  an ERI should be published in the Official Journal of the European Union. For the same reasons, an extract from the Statutes, providing their essential elements, should be annexed to that decision. |
| --- | --- |

(12)

For reasons of transparency, the decision of setting up
  a research infrastructure as
  an ERI should be published in the Official Journal of the European Union. For the same reasons, an extract from the Statutes, providing their essential elements, should be annexed to that decision.

a research infrastructure as

Official Journal of the European Union

Amendment 10

Amendment 10

Proposal for a regulation

Proposal for a regulation

Recital 14

Recital 14

| (14) | Membership of an ERI must comprise at least three Member States and may include qualified third countries and specialised intergovernmental organisations. Therefore, an ERI should qualify as an international body or organisation for the purpose of the application of the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, in conformity with State aid rules. In order to support more effectively the research activities of the ERI, Member States and participating third countries should take all possible measures to accord to such ERI the most extensive exemption from other taxes. |
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(14)

Membership of an ERI must comprise at least three Member States and may include qualified third countries and specialised intergovernmental organisations. Therefore, an ERI should qualify as an international body or organisation for the purpose of the application of the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, in conformity with State aid rules. In order to support more effectively the research activities of the ERI, Member States and participating third countries should take all possible measures to accord to such ERI the most extensive exemption from other taxes.

| (14) | Membership of an ERI must comprise at least three Member States and may include qualified third countries and specialised intergovernmental organisations. Therefore,
  an essential provision of this Regulation should be that
  an ERI should qualify as an international body or organisation for the purpose of the application of the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, in conformity with State aid rules. In order to support more effectively the research activities of the ERI,
  thereby making them more competitive at global level,
  Member States and participating third countries should take all possible measures to accord to such ERI the most extensive exemption from other taxes. |
| --- | --- |

(14)

Membership of an ERI must comprise at least three Member States and may include qualified third countries and specialised intergovernmental organisations. Therefore,
  an essential provision of this Regulation should be that
  an ERI should qualify as an international body or organisation for the purpose of the application of the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, in conformity with State aid rules. In order to support more effectively the research activities of the ERI,
  thereby making them more competitive at global level,
  Member States and participating third countries should take all possible measures to accord to such ERI the most extensive exemption from other taxes.

an essential provision of this Regulation should be that

thereby making them more competitive at global level,

Amendment 11

Amendment 11

Proposal for a regulation

Proposal for a regulation

Recital 17

Recital 17

| (17) | It is necessary to ensure that, on the one hand, an ERI has flexibility to amend its Statutes and, on the other hand, that the Community which sets up
  the
  ERI retains control over certain essential elements. If an amendment concerns a matter covered in the extract from the Statutes annexed to the decision setting up the ERI, such amendment has to be approved, prior to taking effect, by a Commission decision taken following the same procedure as the one for setting up the ERI, since the information contained therein is considered as essential. Any other amendment should be notified to the Commission which has an opportunity to object if it considers it contrary to this Regulation. If no objection is raised, an appropriate notice accompanied by a concise summary of the amendment should be published. |
| --- | --- |

(17)

It is necessary to ensure that, on the one hand, an ERI has flexibility to amend its Statutes and, on the other hand, that the Community which sets up
  the
  ERI retains control over certain essential elements. If an amendment concerns a matter covered in the extract from the Statutes annexed to the decision setting up the ERI, such amendment has to be approved, prior to taking effect, by a Commission decision taken following the same procedure as the one for setting up the ERI, since the information contained therein is considered as essential. Any other amendment should be notified to the Commission which has an opportunity to object if it considers it contrary to this Regulation. If no objection is raised, an appropriate notice accompanied by a concise summary of the amendment should be published.

the

| (17) | It is necessary to ensure that, on the one hand, an ERI has flexibility to amend its Statutes and, on the other hand, that the Community which sets up
  a research infrastructure as an
  ERI retains control over certain essential elements. If an amendment concerns a matter covered in the extract from the Statutes annexed to the decision setting up the ERI, such amendment has to be approved, prior to taking effect, by a Commission decision taken following the same procedure as the one for setting up the ERI, since the information contained therein is considered as essential. Any other amendment should be notified to the Commission which has an opportunity to object if it considers it contrary to this Regulation. If no objection is raised, an appropriate notice accompanied by a concise summary of the amendment should be published. |
| --- | --- |

(17)

It is necessary to ensure that, on the one hand, an ERI has flexibility to amend its Statutes and, on the other hand, that the Community which sets up
  a research infrastructure as an
  ERI retains control over certain essential elements. If an amendment concerns a matter covered in the extract from the Statutes annexed to the decision setting up the ERI, such amendment has to be approved, prior to taking effect, by a Commission decision taken following the same procedure as the one for setting up the ERI, since the information contained therein is considered as essential. Any other amendment should be notified to the Commission which has an opportunity to object if it considers it contrary to this Regulation. If no objection is raised, an appropriate notice accompanied by a concise summary of the amendment should be published.

a research infrastructure as an

Amendment 12

Amendment 12

Proposal for a regulation

Proposal for a regulation

Recital 20

Recital 20

| (20) | ERIs may receive co-funding from Cohesion Policy financial instruments in conformity with Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999. |
| --- | --- |

(20)

ERIs may receive co-funding from Cohesion Policy financial instruments in conformity with Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999.

| (20) | ERIs may receive co-funding from Cohesion Policy financial instruments in conformity with Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999
  , and Council Regulation (EC) No 1084/2006 of 11 July 2006 establishing a Cohesion Fund

   (1). |
| --- | --- |

(20)

ERIs may receive co-funding from Cohesion Policy financial instruments in conformity with Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999
  , and Council Regulation (EC) No 1084/2006 of 11 July 2006 establishing a Cohesion Fund

   (1).

, and Council Regulation (EC) No 1084/2006 of 11 July 2006 establishing a Cohesion Fund

1

Amendment 13

Amendment 13

Proposal for a regulation

Proposal for a regulation

Recital 22

Recital 22

| (22) | As the ERI is established under Community law, it should be governed by Community law, next to the law of the country where it has its statutory seat. However, the ERI could have
  a place
  of operation in
  another country
  . In that case, the law of
  that country
  should apply as regards public and occupational health and safety, environmental protection, treatment of hazardous substances and issuance of permits required. Further, an ERI should be governed by its Statutes adopted in compliance with the preceding sources of law, and by implementing rules complying with the Statutes. |
| --- | --- |

(22)

As the ERI is established under Community law, it should be governed by Community law, next to the law of the country where it has its statutory seat. However, the ERI could have
  a place
  of operation in
  another country
  . In that case, the law of
  that country
  should apply as regards public and occupational health and safety, environmental protection, treatment of hazardous substances and issuance of permits required. Further, an ERI should be governed by its Statutes adopted in compliance with the preceding sources of law, and by implementing rules complying with the Statutes.

a place

another country

that country

| (22) | As the ERI is established under Community law, it should be governed by Community law, next to the law of the country where it has its statutory seat. However, the ERI could have
  places
  of operation in
  other countries
  . In that case, the law of
  these countries
  should apply as regards public and occupational health and safety, environmental protection, treatment of hazardous substances and issuance of permits required. Further, an ERI should be governed by its Statutes adopted in compliance with the preceding sources of law, and by implementing rules complying with the Statutes. |
| --- | --- |

(22)

As the ERI is established under Community law, it should be governed by Community law, next to the law of the country where it has its statutory seat. However, the ERI could have
  places
  of operation in
  other countries
  . In that case, the law of
  these countries
  should apply as regards public and occupational health and safety, environmental protection, treatment of hazardous substances and issuance of permits required. Further, an ERI should be governed by its Statutes adopted in compliance with the preceding sources of law, and by implementing rules complying with the Statutes.

places

other countries

these countries

Amendment 14

Amendment 14

Proposal for a regulation

Proposal for a regulation

Recital 23

Recital 23

| (23) | In order to ensure sufficient control of compliance with this Regulation, an ERI should submit to the Commission the annual report
  of the ERI
  and any information about circumstances threatening to seriously jeopardise the achievement of
  the tasks of the ERI
  . If the Commission obtains indications, through the annual report or otherwise, that the ERI acts in serious breach of this Regulation or other applicable law, it shall request explanations and/or actions from the ERI and/or its members. In extreme cases and if no remedial action is taken, the Commission may repeal the decision setting up the ERI; this will trigger the winding up of the ERI. |
| --- | --- |

(23)

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

of the ERI

the tasks of the ERI

| (23) | In order to ensure sufficient control of compliance with this Regulation, an ERI should submit to the Commission the annual report and any information about circumstances threatening to seriously jeopardise the achievement of
  its objective
  . If the Commission obtains indications, through the annual report or otherwise, that the ERI acts in serious breach of this Regulation or other applicable law, it shall request explanations and/or actions from the ERI and/or its members. In extreme cases and if no remedial action is taken, the Commission may repeal the decision setting up the ERI; this will trigger the winding up of the ERI. |
| --- | --- |

(23)

In order to ensure sufficient control of compliance with this Regulation, an ERI should submit to the Commission the annual report and any information about circumstances threatening to seriously jeopardise the achievement of
  its objective
  . If the Commission obtains indications, through the annual report or otherwise, that the ERI acts in serious breach of this Regulation or other applicable law, it shall request explanations and/or actions from the ERI and/or its members. In extreme cases and if no remedial action is taken, the Commission may repeal the decision setting up the ERI; this will trigger the winding up of the ERI.

its objective

Amendment 15

Amendment 15

Proposal for a regulation

Proposal for a regulation

Recital 23 a (new)

Recital 23 a (new)

| (23a) | Based on the practice of its regular ESFRI Roadmap updates, the Commission should inform the European Parliament on a regular basis on the state of evolution of the ERIs in the European research Area, together with its evaluation and recommendations in this field. |
| --- | --- |

(23a)

(23a)

Based on the practice of its regular ESFRI Roadmap updates, the Commission should inform the European Parliament on a regular basis on the state of evolution of the ERIs in the European research Area, together with its evaluation and recommendations in this field.

Amendment 16

Amendment 16

Proposal for a regulation

Proposal for a regulation

Recital 24

Recital 24

| (24) | Since the objectives of the action to be taken; i.e. the establishment of a framework for European Research Infrastructures between
  Member States, cannot be sufficiently achieved by the Member States in the framework of their national constitutional systems, therefore, by reason of the trans-national nature of the problem, these objectives can better be achieved at Community level. The Community may therefore adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(24)

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

European Research Infrastructures between

| (24) | Since the objectives of the action to be taken; i.e. the establishment of a framework for ERIs set up collectively by
  Member States, cannot be sufficiently achieved by the Member States in the framework of their national constitutional systems, therefore, by reason of the trans-national nature of the problem, these objectives can better be achieved at Community level. The Community may therefore adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(24)

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

ERIs set up collectively by

Amendment 17

Amendment 17

Proposal for a regulation

Proposal for a regulation

Article 1

Article 1

1.   This Regulation establishes
  a framework laying down
  the requirements and procedures for
  and the effects of setting up a
  European Research Infrastructure (hereinafter referred to as ‘ERI’).

a framework laying down

and the effects of setting up a

2.
     
  It shall apply to research infrastructures of pan-European interest.

2.

It shall apply to research infrastructures of pan-European interest.

1.   This Regulation establishes the requirements and procedures for
  a research infrastructure of pan-European interest to be set up as a
  European Research Infrastructure (hereinafter referred to as ERI).

a research infrastructure of pan-European interest to be set up as a

Amendment 18

Amendment 18

Proposal for a regulation

Proposal for a regulation

Article 1 – paragraph 2 a (new)

Article 1 – paragraph 2 a (new)

2a.
     
  A research structure of pan-European interest is a facility, including resources and related services, which can be used by the scientific community to conduct high level research in their respective fields. This definition covers major scientific equipment or sets of instruments; knowledge-based resources such as collections, archives or structured scientific information; enabling ICT-based infrastructures such as grid, computing, software and communications; any other entity of a unique nature essential to achieve excellence in research. Such research infrastructures may be single-sited or distributed (an organised network of resources).

2a.

A research structure of pan-European interest is a facility, including resources and related services, which can be used by the scientific community to conduct high level research in their respective fields. This definition covers major scientific equipment or sets of instruments; knowledge-based resources such as collections, archives or structured scientific information; enabling ICT-based infrastructures such as grid, computing, software and communications; any other entity of a unique nature essential to achieve excellence in research. Such research infrastructures may be single-sited or distributed (an organised network of resources).

Amendment 19

Amendment 19

Proposal for a regulation

Proposal for a regulation

Article 2 – title

Article 2 – title

Task
  and
  other
  activities

Task

other

Objective
  and activities
  of an ERI

Objective

of an ERI

Amendment 20

Amendment 20

Proposal for a regulation

Proposal for a regulation

Article 2 – paragraph 1

Article 2 – paragraph 1

1.   The
  task
  of an ERI shall be to
  establish
  and
  operate a
  research infrastructure.

task

establish

operate a

1.   The
  objective
  of an ERI shall be to
  facilitate
  and
  promote
  research
  of pan-European interest, either in an existing European
  infrastructure
  or in a new infrastructure established jointly by several Member States
  .

objective

facilitate

promote

of pan-European interest, either in an existing European

or in a new infrastructure established jointly by several Member States

Amendment 21

Amendment 21

Proposal for a regulation

Proposal for a regulation

Article 2 – paragraph 2

Article 2 – paragraph 2

2.   
  An
  ERI shall
  pursue its task on
  a non-economic
  basis
  . However, it may carry out limited economic activities closely related to its
  task
  provided that they do not jeopardise the achievement of that
  task.

An

pursue its task on

basis

task

task.

2.   
  The activities pursued by an
  ERI shall
  be of
  a non economic
  nature.
  However, it may carry out limited economic activities closely related to its
  objective
  provided that they do not jeopardise the achievement of that
  objective and income from such activities is used exclusively to achieve that objective.

The activities pursued by an

be of

nature.

objective

objective and income from such activities is used exclusively to achieve that objective.

Amendment 22

Amendment 22

Proposal for a regulation

Proposal for a regulation

Article 2 – paragraph 3 a (new)

Article 2 – paragraph 3 a (new)

3a.
     
  ERIs shall pay special attention to patents and other valuable intellectual property rights and interests which arise as a result of their activities and shall inform the Commission of such intellectual property rights by means of an annual report.

3a.

ERIs shall pay special attention to patents and other valuable intellectual property rights and interests which arise as a result of their activities and shall inform the Commission of such intellectual property rights by means of an annual report.

Amendment 23

Amendment 23

Proposal for a regulation

Proposal for a regulation

Article 3 – title

Article 3 – title

Requirements
  relating to infrastructure

relating to infrastructure

General
  requirements

General

Amendment 24

Amendment 24

Proposal for a regulation

Proposal for a regulation

Article 3 – paragraph 1 – introductory part

Article 3 – paragraph 1 – introductory part

The research infrastructure to be
  established by
  an ERI shall meet the following requirements:

established by

The research infrastructure to be
  set up as
  an ERI shall meet the following requirements:

set up as

Amendment 25

Amendment 25

Proposal for a regulation

Proposal for a regulation

Article 3 – paragraph 1 – point b

Article 3 – paragraph 1 – point b

| (b) | it represents an added value in the development of the European Research Area and a significant improvement in the relevant scientific and technological fields at international level; |
| --- | --- |

(b)

it represents an added value in the development of the European Research Area and a significant improvement in the relevant scientific and technological fields at international level;

| (b) | it represents an added value in the development of the European Research Area
  including by unlocking research potential in all EU regions,
  and
  by improving research methods,
  a significant improvement in the relevant
  specialist
  scientific and technological fields at international level; |
| --- | --- |

(b)

it represents an added value in the development of the European Research Area
  including by unlocking research potential in all EU regions,
  and
  by improving research methods,
  a significant improvement in the relevant
  specialist
  scientific and technological fields at international level;

including by unlocking research potential in all EU regions,

by improving research methods,

specialist

Amendment 26

Amendment 26

Proposal for a regulation

Proposal for a regulation

Article 3 – paragraph 1 – point c

Article 3 – paragraph 1 – point c

| (c) | the European research community, composed of researchers from Member States and from countries associated to the Community research, technological development and demonstration programmes can effectively have access to it;
  and |
| --- | --- |

(c)

the European research community, composed of researchers from Member States and from countries associated to the Community research, technological development and demonstration programmes can effectively have access to it;
  and

can effectively have access to it

and

| (c) | it is effectively accessible to the European research community, composed of researchers from Member States and from countries associated to the Community research, technological development and demonstration programmes
  , in accordance with the rules established in its Statutes
  ; |
| --- | --- |

(c)

it is effectively accessible to the European research community, composed of researchers from Member States and from countries associated to the Community research, technological development and demonstration programmes
  , in accordance with the rules established in its Statutes
  ;

it is effectively accessible to

, in accordance with the rules established in its Statutes

Amendment 27

Amendment 27

Proposal for a regulation

Proposal for a regulation

Article 3 – paragraph 1 – point c a (new)

Article 3 – paragraph 1 – point c a (new)

| (ca) | it contributes to the training of young researchers; and |
| --- | --- |

(ca)

(ca)

it contributes to the training of young researchers; and

Amendment 28

Amendment 28

Proposal for a regulation

Proposal for a regulation

Article 3 – paragraph 1 – point d a (new)

Article 3 – paragraph 1 – point d a (new)

| (da) | it enhances the efficiency of interdisciplinary research as a result of the concentration of research projects within a given time-scale. |
| --- | --- |

(da)

(da)

it enhances the efficiency of interdisciplinary research as a result of the concentration of research projects within a given time-scale.

Amendment 29

Amendment 29

Proposal for a regulation

Proposal for a regulation

Article 3 – paragraph 1 a (new)

Article 3 – paragraph 1 a (new)

The research infrastructure to be set up as an ERI shall submit an impact assessment with its application.

The research infrastructure to be set up as an ERI shall submit an impact assessment with its application.

Amendment 30

Amendment 30

Proposal for a regulation

Proposal for a regulation

Article 3 – paragraph 1 b (new)

Article 3 – paragraph 1 b (new)

The members of a research infrastructure to be set up as an ERI shall commit the necessary human and financial resources for its establishment and operation.

The members of a research infrastructure to be set up as an ERI shall commit the necessary human and financial resources for its establishment and operation.

Amendment 31

Amendment 31

Proposal for a regulation

Proposal for a regulation

Article 4 – title

Article 4 – title

Application
  for the setting-up of an ERI

for the setting-up of an ERI

Application

Amendment 32

Amendment 32

Proposal for a regulation

Proposal for a regulation

Article 4 – paragraph 1 – introductory part

Article 4 – paragraph 1 – introductory part

1.   The entities applying for
  the setting
  up
  of
  an ERI (hereinafter referred to as ‘applicants’) shall submit an application to the Commission. The application shall be submitted in writing in one of the official languages of the Community and shall contain the following:

the setting

of

1.   The entities applying for
  a research infrastructure to be set
  up
  as
  an ERI (hereinafter referred to as ‘applicants’) shall submit an application to the Commission. The application shall be submitted in writing in one of the official languages of the Community and shall contain the following:

a research infrastructure to be set

as

Amendment 33

Amendment 33

Proposal for a regulation

Proposal for a regulation

Article 4 – paragraph 1 – point a

Article 4 – paragraph 1 – point a

| (a) | a request to the Commission to set up
  the
  ERI; |
| --- | --- |

(a)

a request to the Commission to set up
  the
  ERI;

the

| (a) | a request to the Commission
  for a research infrastructure
  to
  be
  set up
  as an
  ERI; |
| --- | --- |

(a)

a request to the Commission
  for a research infrastructure
  to
  be
  set up
  as an
  ERI;

for a research infrastructure

be

as an

Amendment 34

Amendment 34

Proposal for a regulation

Proposal for a regulation

Article 4 – paragraph 1 – point c

Article 4 – paragraph 1 – point c

| (c) | a technical and scientific description of the research infrastructure to be
  established and operated by the
  ERI, addressing in particular the requirements set out in Article 3. |
| --- | --- |

(c)

a technical and scientific description of the research infrastructure to be
  established and operated by the
  ERI, addressing in particular the requirements set out in Article 3.

established and operated by the

| (c) | a technical and scientific description of the research infrastructure to be
  set up as an
  ERI,
  and the socio-economic effects and the contribution to the EU’s convergence objectives,
  addressing in particular the requirements set out in Article 3; |
| --- | --- |

(c)

a technical and scientific description of the research infrastructure to be
  set up as an
  ERI,
  and the socio-economic effects and the contribution to the EU’s convergence objectives,
  addressing in particular the requirements set out in Article 3;

set up as an

and the socio-economic effects and the contribution to the EU’s convergence objectives,

;

Amendment 35

Amendment 35

Proposal for a regulation

Proposal for a regulation

Article 4 – paragraph 2

Article 4 – paragraph 2

2.
     
  The Commission shall assess the application. During the assessment it may obtain the views of independent experts in particular in the field of the intended activities of the ERI. The result of such assessment shall be communicated to the applicants who shall be, if necessary, invited to complete or amend the application within a reasonable time.

2.

The Commission shall assess the application. During the assessment it may obtain the views of independent experts in particular in the field of the intended activities of the ERI. The result of such assessment shall be communicated to the applicants who shall be, if necessary, invited to complete or amend the application within a reasonable time.

deleted

deleted

Amendment 36

Amendment 36

Proposal for a regulation

Proposal for a regulation

Article 5 – title

Article 5 – title

Decision on the application

Assessment and
  decision on the application

Assessment and

Amendment 37

Amendment 37

Proposal for a regulation

Proposal for a regulation

Article 5 – paragraph – -1 (new)

Article 5 – paragraph – -1 (new)

-1.
     
  The Commission shall assess the application. During the assessment it must obtain the views of independent experts in particular in the field of the intended activities of the ERI. The result of such assessment shall be communicated to the applicants who shall, if necessary, be invited to complete or amend the application within a reasonable time.

-1.

The Commission shall assess the application. During the assessment it must obtain the views of independent experts in particular in the field of the intended activities of the ERI. The result of such assessment shall be communicated to the applicants who shall, if necessary, be invited to complete or amend the application within a reasonable time.

Amendment 38

Amendment 38

Proposal for a regulation

Proposal for a regulation

Article 5 – paragraph 1 – introductory part

Article 5 – paragraph 1 – introductory part

1.   The Commission shall, taking into account the results of the assessment referred to in
  Article 4(2)
  and in accordance with the procedure referred to in Article 21:

Article 4(2)

1.   The Commission shall, taking into account the results of the assessment referred to in
  Article 5(-1) and the needs identified in the European Strategy Forum on Research Infrastructures (ESFRI) Roadmap
  and in accordance with the procedure referred to in Article 21:

Article 5(-1) and the needs identified in the European Strategy Forum on Research Infrastructures (ESFRI) Roadmap

Amendment 39

Amendment 39

Proposal for a regulation

Proposal for a regulation

Article 5 – paragraph 1 – point a

Article 5 – paragraph 1 – point a

| (a) | adopt a decision setting up the ERI after it has satisfied itself that the requirements laid down in this Regulation are met; or |
| --- | --- |

(a)

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

| (a) | adopt a decision setting up the
  research infrastructure as an
  ERI after it has satisfied itself that the requirements laid down in this Regulation are met; or |
| --- | --- |

(a)

adopt a decision setting up the
  research infrastructure as an
  ERI after it has satisfied itself that the requirements laid down in this Regulation are met; or

research infrastructure as an

Amendment 40

Amendment 40

Proposal for a regulation

Proposal for a regulation

Article 5 – paragraph 2

Article 5 – paragraph 2

2.   The decision on the application shall be notified to the applicants. The decision setting up the ERI shall also be published in the L series of the Official Journal of the European Union.

Official Journal of the European Union

2.   The decision on the application shall be notified to the applicants. The decision setting up the
  research infrastructure as an
  ERI shall also be published in the L series of the Official Journal of the European Union.
  In cases of refusal, applicants shall have access to the evaluation report.

research infrastructure as an

Official Journal of the European Union

In cases of refusal, applicants shall have access to the evaluation report.

Amendment 42

Amendment 42

Proposal for a regulation

Proposal for a regulation

Article 6 – paragraph 1 a (new)

Article 6 – paragraph 1 a (new)

1a.
     
  In the case of infrastructures with a different legal form, the original legal person shall cease to exist on the date referred to in paragraph 1, and the ERI shall operate as its successor in title by legal succession;

1a.

In the case of infrastructures with a different legal form, the original legal person shall cease to exist on the date referred to in paragraph 1, and the ERI shall operate as its successor in title by legal succession;

Amendment 43

Amendment 43

Proposal for a regulation

Proposal for a regulation

Article 7 – paragraph 2

Article 7 – paragraph 2

2.   An ERI shall have a name containing the words ‘European Research Infrastructure’ or the abbreviation ‘ERI’.

2.   An ERI shall have a name containing the words ‘European Research Infrastructure’ or the abbreviation ‘ERI’
  and a reference to its research area
  .

and a reference to its research area

Amendment 44

Amendment 44

Proposal for a regulation

Proposal for a regulation

Article 8 – paragraph 2

Article 8 – paragraph 2

2.   An ERI must at all times have at least three Member States as members. Further Member States may join as members at any time on fair and reasonable terms specified in the Statutes.

2.   An ERI must at all times have at least three Member States as members. Further Member States
  , third countries and international organisations
  may join as members at any time on fair and reasonable terms specified in the Statutes.

, third countries and international organisations

Amendment 45

Amendment 45

Proposal for a regulation

Proposal for a regulation

Article 8 – paragraph 4

Article 8 – paragraph 4

4.   Any Member State or third country may be represented by one or more public entities, including regions, or private entities with a public-service mission as regards the exercise of specified rights and the discharge of specified obligations as a member of the ERI.

4.   Any Member State or third country may be represented
  in the assembly of members
  by one or more public entities, including regions, or private entities with a public-service mission as regards the exercise of specified rights and the discharge of specified obligations as a member of the ERI.

in the assembly of members

Amendment 46

Amendment 46

Proposal for a regulation

Proposal for a regulation

Article 8 – paragraph 5

Article 8 – paragraph 5

5.   Third countries and intergovernmental organisations applying for a membership of an ERI shall recognise that that ERI shall have legal personality and capacity in accordance with Article 6(1) and (2) and that it shall be subject to rules determined in application of Article 16.

5.   Third countries and intergovernmental organisations applying for a membership of an ERI shall recognise that that ERI shall have legal personality and capacity in
  their respective territories and organisations
  in accordance with Article 6(1) and (2) and that it shall be subject to rules determined in application of Article 16.

their respective territories and organisations

In the event that Community funds are being used by an ERI, the international or intergovernmental ERI members shall maintain their ERI status only if they commit to sending their internal and external audits to the European Court of Auditors and to the Internal Auditor of the Commission.

In the event that Community funds are being used by an ERI, the international or intergovernmental ERI members shall maintain their ERI status only if they commit to sending their internal and external audits to the European Court of Auditors and to the Internal Auditor of the Commission.

Amendment 47

Amendment 47

Proposal for a regulation

Proposal for a regulation

Article 8 – paragraph 6 a (new)

Article 8 – paragraph 6 a (new)

6a.
     
  Should the Community become a member of an ERI either directly or through any intermediary, the Commission shall notify the two arms of the budgetary authority immediately.

6a.

Should the Community become a member of an ERI either directly or through any intermediary, the Commission shall notify the two arms of the budgetary authority immediately.

Amendment 48

Amendment 48

Proposal for a regulation

Proposal for a regulation

Article 9 – paragraph 1 – point b

Article 9 – paragraph 1 – point b

| (b) | tasks
  and activities of the ERI; |
| --- | --- |

(b)

tasks
  and activities of the ERI;

tasks

| (b) | objective
  and activities of the ERI; |
| --- | --- |

(b)

objective
  and activities of the ERI;

objective

Amendment 49

Amendment 49

Proposal for a regulation

Proposal for a regulation

Article 9 – paragraph 1 – point e

Article 9 – paragraph 1 – point e

| (e) | rights and obligations of the members, including the obligation to make contributions to a balanced budget; |
| --- | --- |

(e)

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

| (e) | rights and obligations of the members, including the obligation to make contributions to a balanced budget
  and voting rights
  ; |
| --- | --- |

(e)

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

and voting rights

Amendment 50

Amendment 50

Proposal for a regulation

Proposal for a regulation

Article 9 – paragraph 1 – point h – point i

Article 9 – paragraph 1 – point h – point i

| (i) | access policy for users; |
| --- | --- |

(i)

access policy for users;

| (i) | access policy for users
  based on scientific excellence
  ; |
| --- | --- |

(i)

access policy for users
  based on scientific excellence
  ;

based on scientific excellence

Amendment 51

Amendment 51

Proposal for a regulation

Proposal for a regulation

Article 9 – paragraph 1 – point h – point i a (new)

Article 9 – paragraph 1 – point h – point i a (new)

| (ia) | investment policy; |
| --- | --- |

(ia)

(ia)

investment policy;

Amendment 52

Amendment 52

Proposal for a regulation

Proposal for a regulation

Article 9 – paragraph 1 – point h – point vi a (new)

Article 9 – paragraph 1 – point h – point vi a (new)

| (via) | an anti-discrimination policy, taking particular account of gender equality and equal opportunities for the disabled; |
| --- | --- |

(via)

(via)

an anti-discrimination policy, taking particular account of gender equality and equal opportunities for the disabled;

Amendment 53

Amendment 53

Proposal for a regulation

Proposal for a regulation

Article 9 – paragraph 1 – point j a (new)

Article 9 – paragraph 1 – point j a (new)

| (ja) | an agreement on the individual authorised to deal with patents and other intellectual property rights and interests which arise as a result of the activities of the ERI and the use to which the income deriving from such rights is put; |
| --- | --- |

(ja)

(ja)

an agreement on the individual authorised to deal with patents and other intellectual property rights and interests which arise as a result of the activities of the ERI and the use to which the income deriving from such rights is put;

Amendment 54

Amendment 54

Proposal for a regulation

Proposal for a regulation

Article 13 – paragraph 6

Article 13 – paragraph 6

6.   An ERI shall take out appropriate insurance to cover all risks specific to its operation.

6.   An ERI shall take out appropriate insurance to cover all risks specific to
  the construction of the infrastructure and
  its operation.

the construction of the infrastructure and

Amendment 55

Amendment 55

Proposal for a regulation

Proposal for a regulation

Article 14

Article 14

Community funding to an ERI may be awarded
  solely
  in accordance with Title VI of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities. Funding under Cohesion Policy shall also be possible, in conformity with the relevant Community legislation.

solely

Community funding to an ERI may
  only
  be awarded in accordance with Title VI of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities. Funding under Cohesion Policy shall also be possible, in conformity with the relevant Community legislation.

only

Should the Community at any time become a member of an ERI either directly or through any intermediary, that ERI shall be treated as a body having legal personality under Article 185 of the Financial Regulation. This also applies to an ERI which receives contributions (operative grants) under Article 185 of the Financial Regulation.

Should the Community at any time become a member of an ERI either directly or through any intermediary, that ERI shall be treated as a body having legal personality under Article 185 of the Financial Regulation. This also applies to an ERI which receives contributions (operative grants) under Article 185 of the Financial Regulation.

Amendment 56

Amendment 56

Proposal for a regulation

Proposal for a regulation

Article 16 – paragraph 1 – point a

Article 16 – paragraph 1 – point a

| (a) | by Community law, in particular this Regulation and the decisions referred to in Articles 5(1)(a) and 10(1); |
| --- | --- |

(a)

by Community law, in particular this Regulation and the decisions referred to in Articles 5(1)(a) and 10(1);

| (a) | by Community law, in particular this Regulation and the decisions referred to in Articles 5(1)(a) and 10(1)
  and the Financial Regulation where applicable
  ; |
| --- | --- |

(a)

by Community law, in particular this Regulation and the decisions referred to in Articles 5(1)(a) and 10(1)
  and the Financial Regulation where applicable
  ;

and the Financial Regulation where applicable

Amendment 57

Amendment 57

Proposal for a regulation

Proposal for a regulation

Article 18 – paragraph 5

Article 18 – paragraph 5

5.   If no remedial action is taken, the Commission may repeal the decision
  establishing the
  ERI. Such decision shall be notified to the ERI and be published in the L series of the Official Journal of the European Union. This shall trigger the winding-up of the ERI.

establishing the

Official Journal of the European Union

5.   If no remedial action is taken, the Commission may repeal the decision
  setting up the research infrastructure as an
  ERI. Such decision shall be notified to the ERI and be published in the L series of the Official Journal of the European Union. This shall trigger the winding-up of the ERI.

setting up the research infrastructure as an

Official Journal of the European Union

Amendment 58

Amendment 58

Proposal for a regulation

Proposal for a regulation

Article 18 – paragraph 5 a (new)

Article 18 – paragraph 5 a (new)

5a.
     
  The Commission shall submit the annual activity report to the European Parliament and to the Council and shall notify them of any decisions adopted under paragraphs 3 to 5.

5a.

The Commission shall submit the annual activity report to the European Parliament and to the Council and shall notify them of any decisions adopted under paragraphs 3 to 5.

---

(1)  
  OJ L 210, 31.7.2006, p. 79.

1

OJ L 210, 31.7.2006, p. 79.

---