# Regulation (EU) No 1292/2013 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 1292/2013 of the European Parliament and of the Council of 11 December 2013 amending Regulation (EC) No            294/2008 establishing the European Institute of Innovation and Technology (Text with EEA relevance)         

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U.K.

# Regulation (EU) No 1292/2013 of the European Parliament and of the Council

# of 11 December 2013

# amending Regulation (EC) No 294/2008 establishing the European Institute of Innovation and Technology

# (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 173(3) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(1),                        

Acting in accordance with the ordinary legislative procedure(2),                        

Whereas:

(1)The Europe 2020 strategy for smart, sustainable and inclusive growth assigns a prominent role to the European Institute of                              Innovation and Technology ("the EIT") which contributes to a number of flagship initiatives.

(2)During the period from 2014 to 2020 the EIT should contribute to the objectives of the "Horizon 2020 - The Framework Programme                              for Research and Innovation" established by Regulation (EU) No 1291/2013(3) of the European Parliament and of the Council ("Horizon 2020") by integrating the knowledge triangle of higher education,                              research and innovation.

(3)In order to ensure a coherent framework for participants in Horizon 2020, Regulation (EU) No 1290/2013 of the European Parliament                              and of the Council(4) ('Rules for Participation') should apply to the EIT.

(4)The rules concerning the management of intellectual property rights are defined in the Rules for Participation.

(5)The rules concerning the association of third countries are defined in Horizon 2020.

(6)The EIT should foster entrepreneurship in its higher education, research and innovation activities. In particular, it should                              promote excellent entrepreneurial education and support the creation of start-ups and spin-offs.

(7)The EIT should directly engage with national and regional representatives and other stakeholders from across the innovation                              chain, generating beneficial effects on both sides. In order to render such dialogue and exchange more systematic, an EIT                              Stakeholder Forum should be established, bringing together the wider community of stakeholders around horizontal issues. The                              EIT should also carry out information and communication activities targeting relevant stakeholders.

(8)The EIT should promote an appropriately balanced participation between the different actors from the knowledge triangle involved                              in the Knowledge and Innovation Communities ("KICs"). Furthermore, it should promote strong participation from the private                              sector, in particular micro-/small and medium-sized enterprises ("SMEs").

(9)The scope of the EIT contribution to the KICs should be defined and the origins of the KICs’ financial resources clarified.

(10)The composition of the EIT bodies should be simplified. The functioning of the EIT Governing Board should be streamlined and                              the respective roles and tasks of the Governing Board and the Director should be further clarified.

(11)New KICs, including their priority fields and the organisation and timing of the selection process, should be launched on                              the basis of modalities defined in the Strategic Innovation Agenda following an open, transparent and competitive process.

(12)The KICs should broaden their educational activities to enhance the skills base across the Union, by providing professional                              and other appropriate training courses.

(13)Cooperation on the organisation of monitoring and evaluations of the KICs between the Commission and the EIT is required in                              order to ensure coherence with the overall Union-level monitoring and evaluation system. In particular, there should be clear                              principles for monitoring the KICs and the EIT.

(14)The KICs should seek synergies with relevant Union, national and regional initiatives.

(15)In order to ensure broader participation of organisations from different Members States in the KICs, partner organisations                              should be established in at least three different Member States.

(16)The EIT and the KICs should develop outreach activities and disseminate best practices, including through the Regional Innovation                              Scheme.

(17)The criteria and procedures for the financing, monitoring and evaluation of the activities of the KICs should be adopted by                              the EIT prior to launching the KIC selection process.

(18)The EIT Triennial Work Programme should take into account the Commission’s opinion concerning the EIT’s specific objectives,                              as defined in Horizon 2020, and its complementarities with Union policies and instruments.

(19)The EIT, being under Horizon 2020, will be part of the mainstreaming of climate change expenditure as defined in Horizon 2020.

(20)The evaluation of the EIT should provide timely input for the evaluation of Horizon 2020 in 2017 and 2023.

(21)The Commission should strengthen its role in monitoring the implementation of specific aspects of EIT activities.

(22)This Regulation lays down a financial envelope for the entire duration of Horizon 2020 which is to constitute the prime reference                              amount, within the meaning of point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament,                              the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management(5), for the European Parliament and the Council during the annual budgetary procedure. The financial contribution for the EIT                              should be provided from Horizon 2020.

(23)Contrary to initial expectations, the EIT Foundation will not receive a direct contribution from the Union budget, and the                              Union discharge procedure should therefore not apply to it.

(24)For reasons of clarity, the Annex to Regulation (EC) No 294/2008 of the European Parliament and of the Council(6) should be replaced by a new Annex.

(25)Regulation (EC) No 294/2008 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

# Article 1U.K.

Regulation (EC) No 294/2008 is amended as follows:

Article 2 is amended as follows:

point 1 is replaced by the following:

"innovation" means the process, including its outcome, by which new ideas respond to societal or economic needs and demand                                                   and generate new products, services or business and organisational models that are successfully introduced into an existing                                                   market or that are able to create new markets and that provide value to society;"                                             

point 2 is replaced by the following:

"Knowledge and Innovation Community" (KIC) means an autonomous partnership of higher education institutions, research organisations,                                                   companies and other stakeholders in the innovation process in the form of a strategic network, regardless of its precise legal                                                   form, based on joint mid- to long-term innovation planning to meet the EIT challenges and contribute to attaining the objectives                                                   established under Regulation (EU) No 1291/2013 of the European Parliament and of the Council(7) ("Horizon 2020");                                             

point 3 is replaced by the following:

"co-location centre" means a geographical area where the main knowledge triangle partners are based and can easily interact,                                                   providing the focal point for the KICs’ activity in that area;";                                             

point 4 is deleted;

point 5 is replaced by the following:

"partner organisation" means any organisation which is a member of a KIC and may include, in particular, higher education                                                   institutions, research organisations, public or private companies, financial institutions, regional and local authorities,                                                   foundations and non-profit organisations;";                                             

point 9 is replaced by the following:

"Strategic Innovation Agenda" (SIA) means a policy document outlining the priority fields and the long-term strategy of the                                                   EIT for future initiatives, including an overview of planned higher education, research and innovation activities over a period                                                   of seven years;";                                             

the following point is added:

"Regional Innovation Scheme" (RIS) means an outreach scheme targeted at partnerships between higher education institutions,                                                   research organisations, companies and other stakeholders, in order to foster innovation across the Union;";                                             

the following points are added:

"Stakeholder Forum" means a platform open to representatives of national, regional and local authorities, organised interests                                                   and individual entities from business, higher education, research, associations, civil society and cluster organisations,                                                   as well as other interested parties from across the knowledge triangle;                                             

"KIC added-value activities" means activities carried out by partner organisations or KIC legal entities, if applicable, contributing                                                   to the integration of the knowledge triangle of higher education, research and innovation, including the establishment, administrative                                                   and coordination activities of the KICs, and contributing to the overall objectives of the EIT.".                                             

Article 3 is replaced by the following:

## "Article 3Mission and Objectives

The EIT’s mission is to contribute to sustainable European economic growth and competitiveness by reinforcing the innovation                                 capacity of the Member States and the Union in order to address major challenges faced by European society. It shall do this                                 by promoting synergies and cooperation among, and integrating, higher education, research and innovation of the highest standards,                                 including by fostering entrepreneurship.                           

The EIT’ General Objectives, Specific Objectives and result indicators for the period from 2014 to 2020 are defined in Horizon                                 2020.".                           

Article 4(1) is amended as follows:

point (a) is replaced by the following:

a Governing Board composed of high-level members experienced in higher education, research, innovation and business. It shall                                                   be responsible for steering the activities of the EIT, for the selection, designation and evaluation of the KICs, and for                                                   all other strategic decisions. It shall be assisted by an Executive Committee;";                                             

point (b) is deleted;

point (c) is replaced by the following:

a Director, appointed by the Governing Board, who shall be responsible to the Governing Board for the administrative and financial                                                   management of the EIT and shall be the legal representative of the EIT;".                                             

Article 5(1) is amended as follows:

point (a) is replaced by the following:

identify, in accordance with the SIA, its main priorities and activities;";                                             

point (c) is replaced by the following:

select and designate KICs in the priority fields in accordance with Article 7 and define their rights and obligations by agreement,                                                   provide them with appropriate support, apply appropriate quality control measures, continuously monitor and periodically evaluate                                                   their activities, ensure an appropriate level of coordination and facilitate communication and thematic cooperation between                                                   the KICs;";                                             

point (f) is replaced by the following:

promote the dissemination of best practices for the integration of the knowledge triangle, including among KICs, in order                                                   to develop a common innovation and knowledge transfer culture, and encourage participation in outreach activities, including                                                   in the RIS;";                                             

point (h) is replaced by the following:

promote multidisciplinary approaches to innovation, including the integration of technological, social and non-technological                                                   solutions, organisational approaches and new business models;";                                             

the following points are added:

ensure complementarity and synergy between EIT activities and other Union programmes, where appropriate;                                             

promote the KICs as excellent innovation partners inside and outside the Union;                                             

establish a Stakeholder Forum to inform about the activities of the EIT, its experiences, best practices and contribution                                                   to Union innovation, research and education policies and objectives and to allow stakeholders to express their views. A meeting                                                   of the Stakeholder Forum shall be convened at least once a year. Member States’ representatives shall meet in a special configuration,                                                   within the meeting of the Stakeholder Forum, to ensure appropriate communication and flow of information with the EIT, and                                                   be informed of the achievements of, give advice to, and share experiences with, the EIT and the KICs. The special configuration                                                   of Member States’ representatives within the Stakeholder Forum shall also ensure appropriate synergies and complementarities                                                   between EIT and KIC activities with national programmes and initiatives, including the potential national co-financing of                                                   KIC activities.".                                             

Article 6 is amended as follows:

paragraph 1 is amended as follows:

point (b) is replaced by the following:

cutting-edge and innovation-driven research in areas of key economic and societal interest and drawing on the results of European                                                            and national research, with the potential to strengthen Europe’s competitiveness at international level and find solutions                                                            for the major challenges faced by European society;";                                                      

point (c) is replaced by the following:

education and training activities at masters and doctoral level, as well as professional training courses, in disciplines                                                            with the potential to meet future European socio-economic needs and which expand the Union’s talent base, promote the development                                                            of innovation-related skills, the improvement of managerial and entrepreneurial skills and the mobility of researchers and                                                            students, and foster knowledge-sharing, mentoring and networking among the recipients of EIT-labelled degrees and training;";                                                      

point (d) is replaced by the following:

outreach activities and the dissemination of best practices in the innovation sector with a focus on the development of cooperation                                                            between higher education, research and business, including the service and financial sectors;";                                                      

the following point is added:

to seek synergies and complementarities between KIC activities and existing European, national and regional programmes, where                                                            appropriate.";                                                      

paragraph 2 is replaced by the following:

"2.KICs shall have substantial overall autonomy to define their internal organisation and composition, as well as their precise                                             agenda and working methods. In particular, KICs shall:                                    

(a)establish governance arrangements which reflect the knowledge triangle of higher education, research and innovation;                                    

(b)aim to be open to new members whenever they add value to the partnership;                                    

(c)function in an open and transparent way, in accordance with their internal rules;                                    

(d)establish business plans with objectives and key performance indicators;                                    

(e)develop strategies for financial sustainability.".                                    

Article 7 is amended as follows:

paragraph 1 is replaced by the following:

"1.A partnership shall be selected and designated by the EIT to become a KIC following a competitive, open and transparent procedure.                                             Detailed criteria for the selection of the KICs, based on the principles of excellence and innovation relevance, shall be                                             adopted and published by the EIT. External and independent experts shall be involved in the selection process.";                                    

the following paragraph is inserted:

"1a.The EIT shall launch the selection and designation of KICs according to the priority fields and time schedule defined in the                                             SIA.";                                    

paragraph 2 is replaced by the following:

"2.In accordance with the principles enshrined in paragraph 1, the selection criteria for the designation of a KIC shall, inter                                             alia, include:                                    

(a)the current and potential innovation capacity, including entrepreneurship, within the partnership as well as its excellence                                             in higher education, research and innovation;                                    

(b)the partnership’s capacity to achieve the goals of the SIA and thereby contribute to the general objective and priorities                                             of Horizon 2020;                                    

(c)a multidisciplinary approach to innovation, including the integration of technological, social and non-technological solutions;                                    

(d)the partnership’s capacity to ensure sustainable and long-term self-supporting financing, including a substantial and increasing                                             contribution from the private sector, industry and services;                                    

(e)an appropriately balanced participation in the partnership of organisations active in the knowledge triangle of higher education,                                             research and innovation;                                    

(f)the demonstration of a plan for the management of intellectual property appropriate to the sector concerned, including the                                             way in which contributions from the various partner organisations have been taken into account;                                    

(g)measures to support the involvement of, and cooperation with, the private sector, including the financial sector and in particular                                             SMEs, as well as the creation of start-ups, spin-offs and SMEs, with a view to the commercial exploitation of the results                                             of the activities of KICs;                                    

(h)readiness to establish concrete measures to interact and cooperate with the public and third sectors, as appropriate;                                    

(i)readiness to interact with other organisations and networks outside the KIC with the aim of sharing best practices and excellence;                                    

(j)readiness to establish concrete proposals for synergies with Union and other relevant initiatives.";                                    

paragraph 3 is replaced by the following:

"3.The minimum condition to form a KIC is the participation of at least three partner organisations, established in at least                                             three different Member States. All such partner organisations must be independent of each other, within the meaning of Article                                             8 of Regulation (EU) No 1290/2013 of the European Parliament and of the Council(8).                                    

paragraph 4 is replaced by the following:

"4.In addition to the condition set out in paragraph 3, at least two thirds of the partner organisations forming a KIC shall                                             be established in the Member States. At least one higher education institution and one private company shall be part of each                                             KIC.";                                    

the following paragraph is added:

"5.The EIT shall adopt and publish criteria and procedures for financing, monitoring and evaluating the activities of the KICs                                             prior to the launching of the selection procedure for new KICs. The special configuration of Member States’ representatives                                             within the Stakeholder Forum shall be promptly informed of them.".                                    

The following Articles are inserted:

## "Article 7aPrinciples for the evaluation and monitoring of KICs

The EIT shall, on the basis of key performance indicators set out, inter alia, in Regulation (EU) No 1291/2013 and in the                                 SIA, and in cooperation with the Commission, organise continuous monitoring and periodic external evaluations of the output,                                 results and impact of each KIC. The results of such monitoring and evaluations shall be reported to the European Parliament                                 and to the Council and shall be made public.                           

## Article 7bDuration, continuation and termination of a KIC

1.Subject to the outcome of the continuous monitoring and periodic evaluations and to the specificities of particular fields,                                    a KIC shall normally have a time-frame of seven to fifteen years.                           

2.The EIT may establish a framework partnership agreement with a KIC for an initial period of seven years.                           

3.The Governing Board may decide to extend the framework partnership agreement with a KIC beyond the period initially set, within                                    the limits of the financial envelope referred to in Article 19, if this is the most appropriate way to achieve the objectives                                    of the EIT.                           

4.In the event that evaluations of a KIC show inadequate results, the Governing Board shall take appropriate measures, including                                    the reduction, modification or withdrawal of its financial support or the termination of the agreement.".                           

In Article 8(2), the following point is inserted:

disseminate best practices on horizontal issues;".                                    

Article 10 is deleted.

Article 13(2) is replaced by the following:

"2.The EIT shall make public its rules of procedure, its specific financial rules referred to in Article 21(1) and the detailed                                    criteria for the selection of the KICs referred to in Article 7 before issuing calls for proposals for the selection of the                                    KICs.".                           

Article 14 is amended as follows:

paragraph 2 is replaced by the following:

"2.The KICs shall be financed, in particular, from the following sources:                                    

(a)contributions from partner organisations, forming a substantial source of funding;                                    

(b)voluntary contributions from Member States, third countries or public authorities within them;                                    

(c)contributions from international bodies or institutions;                                    

(d)revenue generated by the KICs’ own assets and activities and royalties from intellectual property rights;                                    

(e)capital endowments, including those managed by the EIT Foundation;                                    

(f)bequests, donations and contributions from individuals, institutions, foundations or any other national bodies;                                    

(g)the contribution from the EIT;                                    

(h)financial instruments, including those funded from the general budget of the Union.                                    

Contributions may include contributions in kind.".                                    

paragraph 4 is replaced by the following:

"4.The EIT contribution to the KICs may cover up to 100 % of the total eligible costs of KIC added-value activities.";                                    

the following paragraphs are added:

"6.The EIT contribution shall not, on average, exceed 25 % of a KIC’s overall funding.                                    

7.The EIT shall establish a competitive review mechanism for allocating an appropriate share of its financial contribution to                                             the KICs. It shall include assessing the KICs’ business plans and performance as measured by continuous monitoring.".                                    

Article 15 is replaced by the following:

## "Article 15Programming and reporting

1.The EIT shall adopt a rolling triennial work programme, based on the SIA, once it is adopted, containing a statement of the                                    major priorities and planned initiatives of the EIT and the KICs, including an estimate of financing needs and sources. It                                    shall also contain appropriate indicators for monitoring the KICs and EIT activities using a results-oriented approach. The                                    preliminary rolling triennial work programme shall be submitted by the EIT to the Commission by 31 December of the year which                                    ends two years before the entry into force of the triennial work programme in question (year N - 2).                           

The Commission shall deliver an opinion on EIT specific objectives as defined in Horizon 2020 and its complementarities with                                 Union policies and instruments within three months of the submission of the work programme. The EIT shall take due account                                 of the Commission opinion and, in the event of disagreement, justify its position. The final work programme shall be transmitted                                 by the EIT to the European Parliament, the Council, the Commission, the European Economic and Social Committee and the Committee                                 of the Regions for information. Upon request, the Director shall present the final work programme to the committee responsible                                 of the European Parliament.                           

2.The EIT shall adopt an annual report by 30 June each year. The report shall outline the activities conducted by the EIT and                                    the KICs during the preceding calendar year and assess the results with respect to the objectives, indicators and timetable                                    set, the risks associated with the activities carried out, the use of resources and the general operation of the EIT. The                                    EIT shall transmit the annual report to the European Parliament and the Council and inform them of the activities of the EIT,                                    its contribution to Horizon 2020 and to the Union innovation, research and education policies and objectives at least once                                    a year.".                           

Article 16 is amended as follows:

in paragraph 2, the word "five" is replaced by the word "three";

the following paragraph is inserted:

"2a.The Commission may carry out further evaluations of themes or topics of strategic relevance, with the assistance of independent                                             experts, to examine the progress made by the EIT towards the objectives set, identify the factors contributing to the implementation                                             of the activities and identify best practices. In so doing, the Commission shall fully consider the administrative impact                                             on the EIT and the KICs.".                                    

Article 17 is amended as follows:

paragraph 2 is replaced by the following:

"2.The SIA shall define the priority fields and the long-term strategy for the EIT and shall include an assessment of its socioeconomic                                             impact and its capacity to generate the best innovation added-value. The SIA shall take into account the results of the monitoring                                             and evaluation of the EIT as referred to in Article 16.";                                    

the following paragraph is inserted:

"2a.The SIA shall include an analysis of potential and appropriate synergies and complementarities between EIT activities and                                             other Union initiatives, instruments and programmes.";                                    

paragraph 4 is replaced by the following:

"4.Acting on a proposal from the Commission, the European Parliament and the Council shall adopt the SIA in accordance with Article                                             173(3) of the Treaty on the Functioning of the European Union.".                                    

Article 19 is replaced by the following:

## "Article 19Budgetary commitments

1.The financial envelope from Horizon 2020 for the implementation of this Regulation during the period from 1 January 2014 to                                    31 December 2020 is set at EUR 2 711,4 million in current prices.                           

2.That amount shall constitute the prime reference for the European Parliament and the Council during the budgetary procedure,                                    within the meaning of point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the                                    Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management(9).                           

3.The annual appropriations shall be authorised by the European Parliament and the Council within the limits of the financial                                    framework. The EIT financial contribution to the KICs shall be provided under this financial envelope.                           

Article 20 is amended as follows:

paragraph 5 is replaced by the following:

"5.The Governing Board shall adopt the draft estimate, accompanied by a draft establishment plan and the preliminary rolling                                             triennial work programme and forward them to the Commission by 31 December of the year N - 2.".                                    

paragraph 6 is replaced by the following:

"6.On the basis of the estimate, the Commission shall enter in the draft general budget of the Union the estimates it deems necessary                                             for the amount of the subsidy to be charged to the general budget.".                                    

Article 21 is amended as follows:

the following paragraph is inserted:

"1a.The financial contribution to the EIT shall be implemented in accordance with Regulation (EU) No 1290/2013 and with Regulation                                             (EU) No 1291/2013.";                                    

paragraph 4 is replaced by the following:

"4.Upon a recommendation from the Council, the European Parliament shall, before 15 May of the year N + 2, give a discharge for                                             the year N to the Director in respect of the implementation of the EIT budget.".                                    

Article 22(4) is deleted.

The following Article is inserted:

## "Article 22aWinding up of the EIT

In the event of the EIT being wound up, its liquidation shall take place under the supervision of the Commission in accordance                                 with the applicable laws. The agreements with the KICs and the act establishing the EIT Foundation shall lay down the appropriate                                 provisions in such situation.".                           

# Article 2U.K.

The Annex to Regulation (EC) No 294/2008 shall be replaced by the Annex to this Regulation.

# Article 3U.K.

This Regulation shall enter into force on 1 January 2014.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 11 December 2013.

*For the European Parliament*                            

*The President*                            

M. Schulz                            

*For the Council*                            

*The President*                            

V. Leškevičius                            

## ANNEXU.K.**Statutes of the European Institute of Innovation and Technology**

### SECTION 1U.K.**COMPOSITION OF THE GOVERNING BOARD**

#### 1.The Governing Board shall consist both of appointed and of representative members.U.K.

#### 2.There shall be 12 appointed members, appointed by the Commission, providing a balance between those with experience in business,                        higher education and research. They shall have a four-year non-renewable term of office.U.K.

Whenever necessary, the Governing Board shall submit to the Commission a proposal for appointment of a new member(s). The                     candidate(s) shall be chosen on the basis of the outcome of a transparent and open procedure, involving consultation with                     stakeholders.                  

The Commission shall have regard to the balance between higher education, research, innovation and business experience as                     well as to gender and geographical balance and an appreciation of the higher education, research and innovation environment                     across the Union.                  

The Commission shall appoint the member(s) and inform the European Parliament and the Council of the selection process and                     of the final appointment of those members of the Governing Board.                  

In the event that an appointed member is unable to complete his/her term of office, a substitute member shall be appointed                     by the same procedure as the incapacitated member in order to complete the latter's term of office. A substitute member who                     has served for a period of less than two years may be re-appointed by the Commission for an additional period of four years                     at the request of the Governing Board.                  

During a transitional period, the Board members initially appointed for a six-year period shall complete their term of office.                     Until that time there shall be 18 appointed members. Within six months of entry into force of this Regulation, one third of                     the twelve members appointed in 2012 shall be chosen by the Governing Board with the Commission's approval to serve for a                     two-year period, one third for a four-year period and one third for a six-year period.                  

In exceptional and duly justified circumstances, in order to maintain the integrity of the Governing Board, the Commission                     may, at its own initiative, terminate the term of office of a member of the Board.                  

#### 3.There shall be three representative members elected by the KICs from among their partner organisations. They shall have a                        two-year term of office, renewable once. Their term of office shall cease if they leave the KIC.U.K.

The conditions and procedures for the election and replacement of the representative members shall be adopted by the Governing                     Board on the basis of a proposal from the Director. This mechanism shall ensure an appropriate representation of diversity                     and shall take into account the evolution of the KICs.                  

During a transitional period, the representative members initially elected for a three-year period shall complete their term                     of office. Until that time there shall be four representative members.                  

#### 4.The Governing Board members shall act in the interests of the EIT, safeguarding its goals and mission, identity, autonomy                        and coherence, in an independent and transparent way.U.K.

### SECTION 2U.K.**RESPONSIBILITIES OF THE GOVERNING BOARD**

The Governing Board shall take necessary strategic decisions, in particular:

adopt the EIT's draft Strategic Innovation Agenda (SIA), triennial rolling work programme, budget, annual accounts and balance                              sheet and annual activity report, on the basis of a proposal from the Director;                           

adopt criteria and procedures for financing, monitoring and evaluating the activities of the KICs, on the basis of a proposal                              from the Director;                           

adopt the selection procedure of the KICs;

select and designate a partnership as a KIC or withdraw the designation where appropriate;

ensure the continuing evaluation of the activities of the KICs;

adopt its rules of procedure, those for the Executive Committee, as well as the specific financial rules of the EIT;

define, with the Commission's agreement, appropriate fees for members of the Governing Board and of the Executive Committee;                              such fees shall be benchmarked against similar remuneration in the Member States;                           

adopt a procedure for selecting the Executive Committee and the Director;

appoint and if necessary dismiss the Director, and exercise disciplinary authority over him/her;

appoint the Accounting Officer and the members of the Executive Committee;

adopt a code of good conduct regarding conflicts of interest;

establish, where appropriate, advisory groups which may have a defined duration;

set up an Internal Auditing Function in accordance with Commission Regulation (EC, Euratom) No 2343/2002(10);                           

be empowered to establish a Foundation with the specific objective of promoting and supporting the activities of the EIT;

decide on the language policy of the EIT, taking into account existing principles on multilingualism and the practical requirements                              of its operations;                           

promote the EIT globally, so as to raise its attractiveness and make it a world-class body for excellence in higher education,                              research and innovation.                           

### SECTION 3U.K.**FUNCTIONING OF THE GOVERNING BOARD**

#### 1.The Governing Board shall elect its Chairperson from among the appointed members. The term of office of the Chairperson shall                        be two years, renewable once.U.K.

#### 2.Without prejudice to paragraph 3, the Governing Board shall adopt decisions by simple majority of members having a right to                        vote.U.K.

However, decisions under points (a), (b), (c), (i) and (o) of Section 2, and under paragraph 1 of this Section shall require                     a majority of two thirds of its members having the right to vote.                  

#### 3.The representative members may not vote on decisions under points (b), (c), (d), (e), (f), (g), (i), (j), (k), (o) and (p)                        of Section 2.U.K.

#### 4.The Governing Board shall meet in ordinary session at least three times a year and in extraordinary session when convened                        by its Chairperson or at the request of at least one third of all its members.U.K.

#### 5.The Governing Board shall be assisted by the Executive Committee. The Executive Committee shall consist of three appointed                        members and the Chairperson of the Governing Board, who shall also chair the Executive Committee. The three members other                        than the Chairperson shall be chosen by the Governing Board from among the Governing Board's appointed members. The Governing                        Board may delegate specific tasks to the Executive Committee.U.K.

### SECTION 4U.K.**THE DIRECTOR**

#### 1.The Director shall be a person with expertise and high reputation in the areas where the EIT operates. The Director shall                        be appointed by the Governing Board for a term of office of four years. The Governing Board may extend that term of office                        once by a four-year period when it considers that the interests of the EIT are best served by so doing.U.K.

#### 2.The Director shall be responsible for operations and for the day-to-day management of the EIT and shall be its legal representative.                        The Director shall be accountable to the Governing Board and report to it on an ongoing basis on the development of the EIT                        activities.U.K.

#### 3.The Director shall in particular:U.K.

organise and manage the activities of the EIT;

support the Governing Board and the Executive Committee in their work, provide the secretariat for their meetings and supply                              all information necessary for the performance of their duties;                           

prepare a draft SIA, a preliminary rolling triennial work programme, the draft annual report and the draft annual budget for                              submission to the Governing Board;                           

prepare and administer the KICs selection process and ensure that the various stages of that process are carried out in a                              transparent and objective manner;                           

prepare, negotiate and conclude contractual agreements with the KICs;

organise the Stakeholder Forum, including the special configuration of Member States' representatives;

ensure the implementation of effective monitoring and evaluation procedures relating to the performance of the EIT in accordance                              with Article 16 of this Regulation;                           

be responsible for administrative and financial matters, including the implementation of the EIT budget, taking due account                              of advice received from the Internal Auditing Function;                           

be responsible for all staff matters;

submit the draft annual accounts and balance sheet to the Internal Auditing Function, and subsequently to the Governing Board,                              through the Executive Committee;                           

ensure that the obligations of the EIT with regard to the contracts and agreements it has concluded are met;

ensure effective communication with the Union's institutions;

act in the interests of the EIT, safeguarding its goals and mission, identity, autonomy and coherence, in an independent and                              transparent way.                           

### SECTION 5U.K.**STAFF OF THE EIT**

#### 1.The staff of the EIT shall consist of personnel employed directly by the EIT under fixed-term contracts. The conditions of                        employment of other servants of the European Union shall apply to the Director and the staff of the EIT.U.K.

#### 2.Experts may be seconded to the EIT for a limited period. The Governing Board shall adopt provisions enabling seconded experts                        to work at the EIT and defining their rights and responsibilities.U.K.

#### 3.The EIT shall exercise, with regard to its staff, the powers which are devolved to the authority authorised to conclude contracts                        with its staff.U.K.

#### 4.A member of staff may be required to make good, in whole or in part, any damage suffered by the EIT as a result of serious                        misconduct on his/her part in the course of or in connection with the performance of his/her duties.U.K.

1

OJ C 181, 21.6.2012, p. 122.                           

2

Position of the European Parliament of 21 November 2013 (not yet published in the OJ)

3

Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 -                              The Framework Programme for Research and Innovation (2014-2020) (See page 104 of this Official Journal)                           

4

Regulation (EU) No 1290/2013 of the European Parliament and of the Council of 11 December 2013 laying down the rules for the                              participation and dissemination in "Horizon 2020" – the Framework Programme for Research and Innovation (2014-2020) (See page                              81 of this Official Journal) contained                           

5

OJ C 373, 20.12.2013, p. 1.                           

6

Regulation (EC) No 294/2008 of the European Parliament and of the Council of 11 March 2008 establishing the European Institute                              of Innovation and Technology (OJ L 97, 9.4.2008, p. 1).                           

7

Regulation (EU) No 1291/2013 of 11 December 2013 of the European Parliament and of the Council establishing Horizon 2020 -                              The Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013, p. 104).";                           

8

Regulation (EU) No 1290/2013 of the European Parliament and of the Council of 11 December 2013 laying down the rules for the                              participation and dissemination in "Horizon 2020 – the Framework Programme for Research and Innovation (2014-2020)" and repealing                              Regulation (EC) No 1906/2006 (OJ L 347, 20.12.2013, p. 81).";                           

9

OJ C 373, 20.12.2013, p. 1.".                           

10

Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies                              referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the                              general budget of the European Communities (OJ L 357, 31.12.2002, p. 72).