COMMISSION DECISION

of 12 May 2021

establishing the European Research Council for Horizon Europe – the Framework Programme for Research and innovation and repealing Decision C(2013)8915

(2021/C 234 I/03)

THE EUROPEAN COMMISSION,

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

Having regard to Council Decision 2021/764/EU establishing the specific programme implementing Horizon Europe - the Framework Programme for Research and Innovation (2021-2027), and in particular Article 8(1) and Article 8(2) thereof,

Whereas:

(1) In order to ensure continuity with the actions and activities conducted under Council Decision 2013/743/EU (1), the European Research Council (‘ERC’) established by this Decision for implementing actions under Pillar I ’Excellent Science’ of Horizon Europe, should replace the ERC established by Commission Decision of 12 December 2013 establishing the European Research Council (2).

(2) Article 8(2) of Decision 2021/764/EU provides that the ERC is to be composed of an independent Scientific Council provided for in Article 9 of that Decision and the dedicated implementation structure provided for in Article 10 of that Decision. The dedicated implementation structure was set up as an executive agency by Commission Implementing Decision C(2021) 953 of 12 February 2021 in accordance with Article 3(3) of Council Regulation (EC) No 58/2003 (3).

(3) In accordance with Article 9 of Decision 2021/764/EU the Scientific Council is to be composed of independent scientists, engineers and scholars of the highest repute and appropriate expertise, of both women and men in different age groups, ensuring a diversity of research areas and the variety of geographical origins, and acting in their personal capacity, independent of extraneous interests. The members of the Scientific Council are to be appointed by the Commission, following an independent and transparent procedure for their identification agreed with the Scientific Council, including an open consultation of the scientific community and a report to the European Parliament and the Council.

(4) In order to ensure the succesful transition to Horizon Europe, the Scientific Council of the ERC set up by Decision C(2013) 8915 has been extended by Commission Decision C(2020)9154 of 16 December 2020 until the date of entry into force of Decision 2021/764/EU.

(5) In order to ensure timely implementation of the Horizon Europe specific programme, the Scientific Council of the ERC set up by Decision C(2013) 8915 has already established preliminary positions in anticipation of the measures to be adopted in accordance with Article 9 of Decision 2021/764/EU. Those preliminary positions should be endorsed or rejected by the Scientific Council established by this Decision.

(6) The necessary provisions for the operation of the Scientific Council should be laid down.

(7) Provisions should be made to ensure cooperation between the Scientific Council and the dedicated implementation structure of the ERC.

(8) The Scientific Council should have access to the documents and data necessary for its work in compliance with Regulation (EU) No 2018/1725 of the European Parliament and of the Council (4).

(9) Decision 2021/764/EU provides for the compensation of the members of the Scientific Council for the tasks they perform. The rules should be laid down for that purpose.

(10) Decision C(2013)8915 should be repealed,

HAS DECIDED AS FOLLOWS:

Article 1 Establishment of the European Research Council The European Research Council (‘ERC’) is established for the period from 12 May 2021 to 31 December 2027.

Article 2 Members of the Scientific Council 1. The Scientific Council shall be composed of the president of the ERC (‘ERC President’) and 21 other members. The 21 persons listed in Annex I are appointed as the other members of the Scientific Council for the term of office laid down therein. 2. Members shall carry out their tasks independently of any outside influence. They shall inform the Commission immediately of any conflict of interests which might undermine their objectivity. 3. Members shall be appointed for a term up to four years, renewable once. A member may be appointed for a period of less than the maximum term to allow a staggered rotation of members. 4. In duly justified cases, in order to maintain the integrity or continuity of the Scientific Council, the Commission may terminate the term of a member on its own initiative. 5. Where a member resigns or his/her term is terminated by the Commission, a new member shall be appointed. In the case of resignation or termination of the term of the ERC President, the Commission may appoint another member of the Scientific Council or a former ERC President as ERC President ad interim, for a limited period of time necessary for appointment of a new ERC President.

Article 3 Operation of the Scientific Council 1. The Scientific Council shall adopt its rules of procedure, as well as a code of conduct on confidentiality, conflict of interest and processing of personal data in accordance with Regulation (EU) 2018/1725. 2. The Scientific Council shall meet in plenary as required by its work. Summary minutes of the plenary meetings shall be published on the ERC’s website. 3. The chair may decide to hold meetings in closed session in accordance with the rules of procedure of the Scientific Council. 4. The Scientific Council may set up, from amongst its members, standing committees, working groups and other structures addressing specific tasks of the Scientific Council. 5. The preliminary positions of the Scientific Council set up by Decision C(2013) 8915 on the measures to be adopted in accordance with Article 9 of Decision 2021/764/EU shall be endorsed or rejected by the Scientific Council established under this Decision.

Article 4 Cooperation within the European Research Council The Scientific Council and the dedicated implementation structure shall ensure coherence between the strategic and operational aspects of all the ERC’s activities. The ERC President, the vice-chairs of the Scientific Council and the Director of the dedicated implementation structure shall hold regular coordination meetings to ensure an effective cooperation.

Article 5 Provision of documents and data 1. The Commission and the dedicated implementation structure shall provide the Scientific Council with the documents, data and assistance necessary for its work allowing it to operate under conditions of autonomy and independence, in compliance with Regulation (EC) No 2018/1725. 2. Where documents and data or access to personal data cannot be provided for reasons related to the protection of personal data, confidentiality, security or public interest, the Commission or the dedicated implementation structure shall provide the Scientific Council with a written statement of those reasons, as well as any information on the topic in question that they consider possible to provide within the provisions of the regulations.

Article 6 Compensation of the members of the Scientific Council other than the ERC President Rules on the honoraria for the tasks performed by Scientific Council members other than the ERC President and the reimbursement of their travel and subsistence expenses are set out in Annex II. Decision C(2013) 8915 is repealed.

Done at Brussels, 12 May 2021. For the Commission Mariya GABRIEL Member of the Commission

(1) Council Decision of 3 December 2013 establishing the specific programme implementing Horizon 2020 – the Framework Programme for Research and Innovation (2014-2020) and repealing Decisions 2006/971/EC, 2006/972/EC, 2006/973/EC, 2006/974/EC and 2006/975/EC (OJ L 347, 20.12.2013, p. 965).

(2) C(2013) 8915 (OJ C 373, 20.12.2013, p. 23).

(3) Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (OJ L 11, 16.1.2003, p. 1).

(4) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).