Proposal for a Council Regulation on the establishment of the "ARTEMIS Joint Undertaking" to implement a Joint Technology Initiative in Embedded Computing Systems {SEC(2007) 0582} {SEC(2007) 0583}
Date: 2007-05-15
Institutions: European Commission
Subjects: computer system, information technology, innovation, intelligent transport system, joint venture, legal status, research policy

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.5.2007 
COM(2007) 243 final 

2007/088 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the establishment of the "ARTEMIS Joint Undertaking" to implement a Joint 
Technology Initiative in Embedded Computing Systems 

{SEC(2007) 0582} 
{SEC(2007) 0583} 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

Europe's  capability  to  engineer  domain-specific  solutions  for  embedded  electronic 
systems  has  given  the  EU  a  large  share  of  the  market  in  key  areas  such  as  the 
automotive,  industrial  and  energy  sectors,  telecoms,  or  aerospace.  This  leadership 
position  needs  to  be  strengthened  by  harnessing  the  next  generation  of  information 
technology  systems  that  are  already  transforming  our  economy  and  society:  the 
"embedding  of  intelligence"  provides  new  functionality  and  adds  value  to  everyday 
products,  from  cars  and  planes  to  mobile  phones  and  pacemakers,  and  increases 
productivity  in  manufacturing  and  the  distribution  of  goods  and  services.  Embedded 
systems  are  crucial  not  only  for  the  innovation  potential  and  competitiveness  of 
existing  European  industrial  sectors,  but  also  for  opening  the  way  to  the  creation  of 
entirely  new  markets  and  societal  applications  -  from  personal  health  systems  to 
environmental monitoring. 

The  Specific  Programme  "Cooperation"1  of  the  European  Community  Seventh 
Framework  Programme  (2007-2013)  for  research,  technological  development  and 
demonstration  activities  introduces  the  Joint  Technology  Initiatives  (JTIs)  as  a  new 
way of realising public-private partnerships in research at European level. JTIs are an 
expression of the EU's strong commitment to coordinating research efforts. The aims 
are  to  achieve  greater  strategic  focus  by  supporting  common  ambitious  research 
agendas  in  areas  that  are  crucial  for  competitiveness  and  growth,  to  assemble  and 
coordinate  at  EU  level  a  critical  mass  of  research  drawing  on  all  sources  of  R&D 
investment,  whether  public  or  private,  and  to  provide  a  tighter  coupling  between 
research  and  innovation,  contributing  so  to  the  realisation  of  the  European  Research 
Area  and  Europe's  competitiveness  goals.  The  Specific  Programme  "Cooperation" 
identifies embedded computing systems as one of the areas where a JTI could have a 
particular relevance. 

JTIs  arise  primarily  from  the  work  of  European  Technology  Platforms  (ETPs).  A 
limited number of ETPs have achieved such an ambitious scale and scope that they will 
require  the  substantial  mobilisation  of  public  and  private  resources  to  implement 
important  elements  of  their  Strategic  Research  Agendas.  JTIs  are  proposed  as  an 
effective means of meeting the needs of these ETPs. The objective of this proposal is to 
set  up  a  Joint  Undertaking  to  implement  a  JTI  in  embedded  computing  systems 
(ARTEMIS  JTI).  The  ARTEMIS  JTI  aims  to  create  a  single,  Europe-wide  R&D 
programme  that  will  help  EU  industry  to  achieve  world  leadership  in  embedded 
computing  technologies.  This  JTI  will  combine,  for  the  first  time,  a  critical  mass  of 
national,  EU  and  private  resources  within  one  coherent,  flexible  and  efficient  legal 
framework; it will also ramp up R&D investment in Europe by providing incentives for 
industry and Member States to increase their R&D expenditure. 

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OJ L 412, 30.12.2006, p.1 

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•  General context 

Embedded systems are the computers used in larger systems to control equipment such 
as automobiles, home appliances,  communication devices,  control systems and office 
machines. They are becoming an integral and often invisible component of the world 
around  us  and  today  they  are  just  about  everywhere.  .  More  than  90%  of  computing 
devices are embedded, and forecasts predict more than 16 billion embedded devices by 
2010 and over 40 billion by 2020. Within the next five years, the share of embedded 
systems in the value of the final product is expected to reach unprecedented levels in 
key industrial sectors (e.g. 36% in automotive, 37% in telecommunications or 41% in 
consumer electronics)  

However,  the  current  structure  of  the  EU  industry  does  not  provide  the  necessary 
framework in which to develop the enabling technologies and standards needed to cope 
with the huge challenges posed by the increasing number and complexity of embedded 
systems and their applications. The competitiveness and ability to innovate of the EU is 
at risk : the EU economy should be able to reap the benefits from the new markets that 
will  be  created  from  the  "embedding  of  intelligence",  avoiding  a  repetition  of  what 
happened  with  the  desktop  computing  and  internet,  where  all  the  major  beneficiaries 
are outside the EU. In addition, unless it is able to nurture and retain talent, Europe will 
not  attract  and  keep  the  best  researchers.  Finally,  there  is  a  "cultural"  risk:  the  new 
systems will intimately touch upon the lives of EU citizens; European industry must be 
able  to  respond  to  home-grown  demand  in  a  way  that  recognises  our  unique 
preferences and values. 

In the face of this major challenge and despite its economic importance, EU's research 
investment  in  embedded  systems  is  lagging  well  behind  the  US  and  Japan. 
Furthermore,  the  EU  funding  landscape  is  fragmented  and  unable  to  provide  a 
convincing  response.  The  Community  Framework  Programmes  have  made  major 
investments  in  the  past  but  their  budget  is  severely  limited  compared  to  the  overall 
public  R&D  budget  in  Europe;  the  intergovernmental  Eureka  scheme  is  a  valuable 
mechanism  and  some  national  programmes  are  active  in  this  area;  however,  all  these 
efforts are scattered and not focused on common objectives. 

•  Existing provisions in the area of the proposal 

There are no existing provisions in the area of the proposal. 

•  Consistency with the other policies and objectives of the Union 

The  Seventh  Framework  Programme  (FP7)  is  an  important  point  of  departure  for 
Europe, reflecting a consensus that Europe must redouble its efforts to increase and get 
better returns from its R&D investments in order to equip itself as a competitive and 
dynamic  knowledge-based  economy.  JTIs  are  a  major  innovation  in  FP7  to  achieve 
greater  strategic  focus  and  coordination,  by  assembling  a  critical  mass  of  research  in 
key areas, and for tighter coupling between research and innovation.  

The implementation of this JTI will contribute directly to the Lisbon competitiveness 
objective and the Barcelona targets for research spending. The results of the ARTEMIS 
JTI in key application areas will also indirectly contribute to other EU policies such as 

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the  environment 
(safety),  energy 
(management and control), and the internal market (standards for embedded products 
and services).  

(monitoring  and  management), 

transport 

The proposed initiative is part of a broad ambitious Community strategy to tackle the 
innovation gap which includes, inter alia, the proposal to establish a European Institute 
of Technology (EIT). 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The creation of the ARTEMIS Technology Platform in January 2004 was followed by 
extensive  consultations  of  the  Commission  with  R&D  stakeholders  in  embedded 
systems.  Consultations  were  held  with  national  public  authorities  in  the  Platform's 
"Mirror  Group"  gathering  representatives  from  24  Member  States  and  countries 
associated  with  the  Framework  Programme.  The  Strategic  Research  Agenda  and  the 
governance  and  operational  aspects  of  the  Joint  Undertaking  were  presented  and 
discussed  at  major  public  events  such  as  the  ARTEMIS  annual  conferences  (Rome 
2004,  Paris  2005,  Graz  2006),  the  Information  Society  Technologies  Conference  IST 
2006  (Helsinki)  and  the  public  presentation  of  the  ARTEMIS  SRA  in  March  2006 
(Brussels). 

As  the  final  step  in  this  process,  several  meetings  (helped  by  independent  consultant 
expertise)  gave  rise  to  wide-ranging  discussions  collating  and  reviewing  previous 
findings, and provided further input for assessment of the governance structure and the 
impact of this initiative.  

For economic impacts the consultation drew primarily on public domain market data, 
in particular two studies published in 2005 (one of them resulting from an open call for 
tenders  by  the  Commission)  providing  a  detailed  picture  of  the  embedded  systems 
domain  as  a  whole,  taking  into  account  technological,  sectoral  market  and  funding 
aspects- , and a quantitative evaluation of the impact of software activities on the world 
economy,  focusing  on  internal  development  of  embedded  and  software-intensive 
systems in both the ICT and non-ICT sectors. 

Summary of responses and how they have been taken into account 

The  broad  and  continuous  involvement  of  public  and  private  stakeholders  in  the 
consultation process generated timely and pertinent inputs that were taken into account 
in the elaboration of the proposal. 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

Industrial  and  academic  expertise  in  embedded  systems  R&D  was  involved  in 

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developing the Strategic Research Agenda (SRA) that will be implemented through the 
proposed JTI, as well as the expertise of the national Mirror Group representatives for 
the governance and public administration aspects. 

Methodology used 

Experts met in numerous dedicated workshops and discussed objectives and priorities, 
taking  into  account  the  main  existing  EU  roadmaps,  reports  and  studies,  and  inputs 
from  Eureka  (ITEA  and  Medea+  clusters).  The  SRA  was  then  drafted  by  smaller 
groups of experts and iterated upon with the broader community. 

Main organisations/experts consulted 

The main European embedded systems companies and their suppliers and users were 
consulted, as well as the leading-edge research organisations in Europe2. 

Summary of advice received and used 

The existence of potentially serious risks with irreversible consequences has not been 
mentioned. 

The  ARTEMIS  JTI  can  mobilise  the  necessary  critical  mass  of  R&D  resources  to 
implement the SRA and provides a flexible basis for common public-private actions to 
create a fertile ecosystem in Europe for open innovation in embedded systems. 

Means used to make the expert advice publicly available 

Information on the SRA and the development of a JTI has been made available through 
the  above  public  events,  through  the  publication  of  the  "Building  ARTEMIS"  report 
and  the  "ARTEMIS  Strategic  Research  Agenda"  by  the  ARTEMIS  Technology 
Platform, as well as through the Commission and ARTEMIS web sites.  

•  Impact assessment 

The  proposed  Regulation  has  been  subject  to  a  Commission  Impact  Assessment 
(attached to the proposal).  

Its  main  findings  are  that  the  ARTEMIS  JTI  will  achieve  substantial  gains  in  system 
design and development lifecycle costs with respect to the baseline option ("Business-
as-usual").  It  also  increases  the  leverage  effect  of  the  Community's  contribution  on 
R&D effort (national and private) and provides a more efficient and reliable R&D and 
innovation framework that removes the budget uncertainty, streamlines procedures and 
shortens time-to-contract with respect to the baseline option. This will in turn broaden 
the participation and increase the number of new partners in the R&D activities.  

A  further  benefit  is  that  national  money  spent  through  the  ARTEMIS  JTI  will  be 
allocated  through  common  European  procedures  and  workplans,  achieving  a  similar 
impact  to  EU-level  disbursements  and  one  that  is  much  higher  than  in  the  baseline 
option.  

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ARTEMIS web site http://www.artemis-office.org/ 

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3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The proposal consists of a Council Regulation for the establishment of the ARTEMIS 
Joint Undertaking with its accompanying Statutes. 

•  Legal basis 

Article 171 of the Treaty establishing the European Community. The Joint Undertaking 
will be a Community body and the implementation of its budget is therefore subject to 
discharge  by  the  European  Parliament3,  taking  however  into  account  the  specificities 
resulting from the nature of JTIs as public-private partnerships and in particular from 
the private sector contribution. 

•  Subsidiarity principle 

The  objectives  of  the  proposal  cannot  be sufficiently  achieved  by  the  Member  States 
for the following reasons: 

Member States cannot overcome these challenges on their own because the appropriate 
legal and organisational framework is lacking at EU level. Current EU R&D funding is 
fragmented:  at  national  level  relevant  R&D  activities  are  spread  over  several, 
sometimes disconnected, programmes. Several Member States participate in the Eureka 
scheme  but  this  is  a  bottom-up  approach  that  has  well-recognised  shortcomings  in 
terms of long delays, duplication of procedures and unpredictable availability of public 
funding. 

Community action will better achieve the objectives of the proposal for the following 
reasons: 

Only  Community  action  can  establish  a  legal  framework  that  allows  the  effective 
pooling  of  resources  from  R&D  performers, 
the  Commission  and  national 
governments.  The  alignment  of  Community  and  national  funding  will  strongly 
contribute to the development of the European Research Area.  

The expected benefits of the initiative are the following: 

o 
Integration  of  national  efforts  by  pursuing  common  objectives  identified  at 
European level within  the Strategic Research Agenda and by selecting R&D projects 
through  a  common,  single  European  process.  Such  integration  will  help  to  build  a 
European Research Area in embedded computing systems. 

Greater  flexibility  in  mobilising  resources  of  Member  States  that  are  ready  to 

o 
work towards common goals. 

o 

Leveraging  effect  of  the  Community's  financial  contribution  that  will  provide 

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Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable 
to  the  budget  of  the  European  Communities,  OJ  L  357,  31.12.2002  p.  72;  corrigendum  in  OJ  L  2, 
7.1.2003, p. 39. 

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incentives  for  industry  and  Member  States  to  increase  their  funding,  thereby  directly 
contributing to the Barcelona objectives. 

o 
Programme  efficiency  by  combining  the  strengths  of  Eureka  and  European 
programmes  while  overcoming  their  weaknesses;  compared  to  Eureka,  it  will  avoid 
uncertainly  in  national  budgets  and  duplication  of  evaluation  and  monitoring 
procedures. 

Economic efficiency by reducing the time-to-project, allowing industry to carry 

o 
out projects more quickly and hence shorten the time-to-market for research results. 

Economic  impacts  by  achieving  the  technological  objectives  in  terms  of 

o 
boosting the competitiveness of EU industry. 

The  ARTEMIS  JTI  is  a  pioneering  approach  that  combines  the  benefits  of  European 
integration  with  rapid  adaptability  of  industrial  goals  and  policies,  and  allows 
flexibility in participation and national commitments by Member States in a way that is 
not possible under current instruments. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons: 

The proposed Joint Undertaking is the only simple option that satisfies the constraints 
and  requirements  for  achieving  the  objectives  of  the  action.  It  is  a  structure  that  is 
durable over  time, has legal personality and provides a  clear legal framework for the 
collaboration and participation of R&D actors, national authorities and the Community 
in a public-private partnership. 

The  participation  of  all  stakeholders  is  of  paramount  importance.  As  the  initiative 
focuses  on  industrial  objectives  of  key  relevance  for  economic  competitiveness, 
industrial  participation  is  necessary  to  guide  the  elaboration  of  the  research  priorities 
and innovation policies. Member States' involvement is needed to mobilise the national 
funding  that  constitutes  the  bulk  of  the  public  R&D  effort  in  the  area.  Finally,  the 
Community  has  a  key  role  to  play  in  driving  the  integration  process,  balancing  the 
different interests of the partners, and adequately monitoring the use of the Community 
financial contribution. 

The proposed action will achieve the necessary integration at EU level while providing 
flexibility for participation by Member States. It will keep at national level a maximum 
of  decisions  such  as  financial  commitments  for  the  Calls  for  proposals  and  using, 
wherever  possible,  national  procedures  for  concluding  grant  agreements,  processing 
cost claims, payments and audits. 

The Joint Undertaking will establish a lean structure for decision-making and financial 
and administrative operations, thanks to the use of existing procedures at national level. 
Such  implementation  is  not  disruptive  for  national  administrations,  uses  contractual 
models  that  are  familiar  to  the  R&D  actors  and  is  particularly  cost-effective:  the 
running costs are expected to be below 1.5% of the overall costs of the R&D activities 

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launched by the Joint Undertaking. 

•  Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason(s). 

The creation of a legal framework that allows to effectively combine private, national 
and  Community  resources  with  the  Community  participation  in  the  undertaking 
requires a Council regulation. 

4)  BUDGETARY IMPLICATION 

The budgetary assessment indicates maximum Community expenditure of 420 m€ over 
the initial period of the ARTEMIS Joint Undertaking (up to 2017), which would need 
to be committed before 31 December 2013 when the FP7 budget comes to an end. An 
initial 42.5 m€ is to be committed in 2008. 

5)  ADDITIONAL INFORMATION 

•  Simplification 

The  proposal  simplifies  administrative  procedures  for  public  authorities  (EU  or 
national) and for private parties. 

Compared  to  the  current  Eureka's  funding  arrangements,  the  Joint  Undertaking  will 
result in significant simplification: 

Removing the budgetary uncertainty, through formal financial commitments by 

o 
national authorities to the Calls for proposals launched by the Joint Undertaking. 

Avoiding the duplication of evaluation procedures that are currently applied at 

o 
both national and intergovernmental levels. 

o 

Reducing the time and costs involved in preparing R&D proposals.  

o 
Streamlining reporting procedures during project execution. Projects will report 
only  once  to  the  Joint  Undertaking  instead  of  reporting  to  Eureka  and  to  all  States 
providing financing. 

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2007/088 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the establishment of the "ARTEMIS Joint Undertaking" to implement a Joint 
Technology Initiative in Embedded Computing Systems 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
171 and 172 thereof, 

Having regard to the proposal from the Commission4, 

Having regard to the opinion of the European Parliament5, 

Having regard to the opinion of the European Economic and Social Committee6, 

Whereas: 

(1) 

(2) 

Decision  No  1982/2006/EC  of  the  European  Parliament  and  of  the  Council  of  18 
December  20067  concerning  the  Seventh  Framework  Programme  of  the  European 
Community  for  research,  technological  development  and  demonstration  activities 
(2007-2013), hereinafter referred to as the "Seventh Framework Programme", provides 
for  a  Community  contribution  for  the  establishment  of  long  term  public  private 
partnerships  in  the  form  of  Joint  Technology  Initiatives  (JTIs)  to  be  implemented 
through  Joint  Undertakings  within  the  meaning  of  Article  171  of  the  Treaty.  These 
JTIs stem from the work of European Technology Platforms, already set up under the 
Sixth  Framework  Programme,  and  cover  selected  aspects  of  research  in  their  field. 
They  should  combine  private-sector  investment  and  European  public  funding, 
including funding from the Seventh Framework Programme. 

Council  Decision  No  971/2006/EC  of  19  December  20068  concerning  the  specific 
programme  "Cooperation"  implementing  the  Seventh  Framework  Programme  of  the 
European  Community  for  research,  technological  development  and  demonstration 
activities (2007-2013) (hereinafter referred as the "Specific Programme Cooperation"), 
underlines  the  need  for  ambitious  pan-European  public  private  partnerships  to  speed 
up  the  development  of  major  technologies  by  large  research  actions  at  Community 
level including, in particular, JTIs. 

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OJ […],[…], […], 
OJ […],[…], […], 
OJ […],[…], […], 
OJ L 412, 30.12.2006, p.1. 
OJ L 400, 30.12.2006, p.86 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

The  Lisbon  Growth  and  Jobs  Agenda  underscores  the  need  to  develop  favourable 
conditions  for  investment  in  knowledge  and  innovation  in  the  Community  to  boost 
competitiveness, growth and jobs. 

In its conclusions of 25-26 November 2004, the Council encouraged the Commission 
to further elaborate the concepts of Technology Platforms and JTIs. It underlined that 
such  initiatives  could  contribute  to  coordinating  overall  Community  research  efforts 
with  a  view  to  achieving  synergies  with  the  activities  of  existing  schemes  such  as 
EUREKA and COST taking into account their important contribution to Research and 
Development (R&D). 

European  companies  and  other  research  and  development  organisations  active  in  the 
field  of  Embedded  Computing  Systems  took  the  lead  in  establishing  the  European 
Technology  Platform  on  Embedded  Computing  Systems  (hereinafter  referred  as  the 
ARTEMIS  Technology  Platform)  under  the  Sixth  Framework  Programme.  The 
ARTEMIS Technology Platform developed a Strategic Research Agenda based on an 
extensive  consultation  with  public  and  private  stakeholders.  The  Strategic  Research 
Agenda  identified  the  priorities  in  the  Embedded  Computing  Systems  domain  and 
recommended directions for a JTI in this field. 

The  JTI  on  Embedded  Computing  Systems  responds 
the  Commission 
Communications  of  6  April  20059  on  “Building  the  ERA  of  knowledge  for  growth” 
and  of  20  July  200510  on  “Common  Actions  for  Growth  and  Employment:  The 
Community Lisbon Programme", which call for a new and more ambitious approach 
to  large-scale  public-private  partnerships  in  fields  of  major  interest  for  European 
competitiveness identified through dialogue with industry. 

to 

The  JTI  on  Embedded  Computing  Systems  responds  to  the  need  for  support  for 
pervasive  Information  and  Communication  Technologies  as  identified  in  the  Report 
"Creating  an  Innovative  Europe"  of  January  2006.  This  report  also  commends  the 
ARTEMIS  Joint  Technology  model  for  combining  national  and  Community  funding 
within a clear legal structure and in a harmonised and synchronous manner. 

The JTI on Embedded Computing Systems should create a sustainable public-private 
partnership  and  increase  and  leverage  private  and  public  investment  in  the  sector  of 
embedded  systems  in  Europe,  which  for  the  purpose  of  this  Regulation  include  the 
Members States and Countries associated to the Seventh Framework Programme. The 
JTI  on  "Embedded  Computing  Systems”  should  also  achieve  effective  coordination 
and  synergy  of  resources  and  funding  from  the  Framework  Programme,  industry, 
national  R&D  programmes  and  intergovernmental  R&D  schemes  (EUREKA),  thus 
contributing  to  strengthen  Europe’s  future  growth,  competitiveness  and  sustainable 
development.  Finally,  its  objective  should  be  to  foster  collaboration  between  all 
stakeholders  such  as  industry,  national  authorities,  academic  and  research  centres 
pulling together and focusing the research effort. 

(9) 

The  JTI  on  "Embedded  Computing  Systems”  should  define  a  commonly  agreed 
research  agenda,  hereinafter  referred  to  as  the  "Research  Agenda",  closely  following 

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COM(2005) 118 final 
COM(2005) 330 final 

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the recommendations of the Strategic Research Agenda developed by the ARTEMIS 
Technology  Platform.  This  Research  Agenda  should  identify  and  regularly  review 
research  priorities  for  the  development  and  adoption  of  key  technologies  for 
Embedded  Computing  Systems  across  different  application  areas  in  order  to 
strengthen  European  competitiveness  and  allow  the  emergence  of  new  markets  and 
societal applications. 

(10)  The  JTI  on  Embedded  Computing  Systems  should  address  the  design,  development 
and  deployment  of  ubiquitous,  interoperable  and  cost-effective,  powerful,  safe  and 
secure  electronic  and  software  systems.  It  should  deliver  reference  designs  and 
architectures  that  offer  common  architectural  approaches  for  given  ranges  of 
applications,  middleware  that  allows  seamless  connectivity  and  interoperability  and 
integrated system design methods and tools for rapid development and prototyping.  

(11)  The ambition and scope of the stated objectives of the JTI on Embedded Computing 
Systems, the scale of the financial and technical resources that need to be mobilised, 
and the need to achieve effective coordination and synergy of resources and funding, 
call  for  action  to  be  taken  by  the  Community.  Therefore,  it  is  necessary  to  set  up  a 
Joint  Undertaking  (hereinafter  referred  to  as  the  “ARTEMIS  Joint  Undertaking”) 
under Article 171 of the Treaty as a legal entity responsible for the implementation of 
the JTI on "Embedded Computing Systems”. To ensure the appropriate management 
of  R&D  activities  initiated  under  the  Seventh  Framework  Programme  (2007-2013), 
the ARTEMIS Joint Undertaking should be set up for a period ending on 31 December 
2017, which may be extended. 

(12)  The  ARTEMIS  Joint  Undertaking  should  be  a  body  set  up  by  the  Communities  and 
discharge  for  the  implementation  of  its  budget  should  be  given  by  the  European 
Parliament11, on the recommendation of the Council, taking however into account the 
specificities  resulting  from  the  nature  of  JTIs  as  public-private  partnerships  and  in 
particular from the private sector contribution to the budget. 

(13)  The  ARTEMIS  Joint  Undertaking  should  discharge  commitments  pursuant  to 
international  agreements.  To  this  end,  it  should  be  considered  as  an  international 
organisation  within  the  meaning  of  Article  22  of  Directive  2004/17/EC  of  the 
European  Parliament  and  of  the  Council  of  31  March  2004  coordinating  the 
procurement procedures of entities operating in the water, energy, transport and postal 
service  sectors12,  and  of  Article  15  of  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 
contracts13. 

(14)  The  objectives  of  the  ARTEMIS  Joint  Undertaking  should  be  pursued  by  pooling 
resources from the public and private sectors to support R&D Activities in the form of 

11 

12 

13 

Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable 
to  the  budget  of  the  European  Communities,  OJ  L  357,  31.12.2002  p.  72;  corrigendum  in  OJ  L  2, 
7.1.2003, p. 39. 
OJ L 134, 30.4.2004, p. 1. Directive as last amended by Directive 2006/97/EC (OJ L 363, 20.12.2006, 
p. 107). 
OJ  L  134,  30.4.2004,  p.  114.  Directive  as  last  amended  by  Directive  2006/97/EC  (OJ  L  363, 
20.12.2006, p. 107). 

EN 

11 

   EN 

 
                                                 
Projects14.  To  that  end,  the  ARTEMIS  Joint  Undertaking  should  be  able  to  organise 
competitive  calls  for  proposals  for  Projects  to  implement  parts  of  the  Research 
Agenda. The R&D Activities should respect fundamental ethical principles applicable 
in the Seventh Framework Programme. 

(15)  Founding  Members  of  the  ARTEMIS  Joint  Undertaking  should  be  the  European 
Community, […], and ARTEMISIA, an association representing companies and other 
R&D  organisations  active  in  the  field  of  Embedded  Computing  Systems  in  Europe. 
The ARTEMIS Joint Undertaking should be open to new members; 

(16)  The  rules  for  the  organisation  and  operation  of  the  ARTEMIS  Joint  Undertaking 

should be laid down in the Statutes of the ARTEMIS Joint Undertaking. 

(17)  A letter of commitment to contribute to the establishment and implementation of the 
ARTEMIS  Joint  Undertaking  as  defined  in  its  Statutes  has  been  signed  by 
ARTEMISIA. 

(18)  The  R&D  Activities  should  be  partially  supported  by  the  European  Community's 

contribution to the ARTEMIS Joint Undertaking.  

(19)  Public  funding  for  the  R&D  Activities  following  competitive  calls  for  proposals 
published  by  the  ARTEMIS  Joint  Undertaking  should  consist  of  national  financial 
contributions from the ARTEMIS Member States and a financial contribution from the 
ARTEMIS  Joint  Undertaking.  The  financial  contribution  of  the  ARTEMIS  Joint 
Undertaking  should  be  provided  at  a  percentage  of  the  R&D  costs  incurred  by 
participants in Projects. This percentage should be equal for all participants in Projects 
in any given call for proposals. 

(20)  Over  the  duration  of  the  ARTEMIS  Joint  Undertaking  the  R&D  organisations 
participating in Projects should provide resources that equal or exceed the total public 
funding for the R&D Activities.  

(21)  The need to ensure stable employment conditions and equal treatment of staff, and in 
order to attract specialised scientific and technical staff of the highest calibre, requires 
the application of the Staff Regulations of Officials of the European Communities and 
the Conditions of Employment of Other Servants of the European Communities, ("the 
Staff Regulation") to all staff recruited by the ARTEMIS Joint Undertaking. 

(22) 

In view of the fact that the ARTEMIS Joint  Undertaking is  not designed  to fulfil an 
economic purpose, it is necessary for the performance of its tasks that the Protocol on 
the Privileges and Immunities of the European Communities applies to the ARTEMIS 
Joint Undertaking and its staff. 

(23)  As a body endowed with legal personality, the ARTEMIS Joint Undertaking should be 
accountable  for  its  actions.  Where  relevant,  the  Court  of  Justice  of  the  European 
Communities should be competent to resolve any disputes arising from the activities 
of the Joint Undertaking. 

14 

"Project"  shall  mean  a  research  and/or  development  project  that  is  selected  by  the  ARTEMIS  Joint 
Undertaking  following  competitive  calls  for  proposals  and  thereafter  partly  funded  by  the  ARTEMIS 
Joint Undertaking 

EN 

12 

   EN 

 
                                                 
(24)  The Commission and the ARTEMIS Joint Undertaking should regularly report on its 

progress to the Council and to the European Parliament. 

(25)  The ARTEMIS Joint Undertaking should have, subject to prior consultation with the 
Commission, a distinct financial regulation based on the principles of the framework 
financial regulation15 which takes into account its specific operating needs arising, in 
particular,  from  the  need  to  combine  Community  and  national  funding  to  support 
R&D Activities in an efficient and timely manner. 

(26)  Appropriate  measures  should  be  taken  to  prevent  irregularities  and  fraud  and  the 
necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used 
in  accordance  with  Council  Regulation  (EC,  Euratom)  No  2988/95  of  18  December 
1995  on  the  protection  of  the  European  Communities  financial  interests16,  Council 
Regulation (EC, Euratom) N° 2185/96 of 11 November 1996 concerning on-the-spot 
checks and inspections carried out by the Commission in order to protect the European 
Communities’  financial  interests  against  fraud  and  other  irregularities17,  and 
Regulation  (EC)  N°1073/1999  of  the  European  Parliament  and  of  the  Council 
concerning investigations concluded by the European Anti-Fraud Office18. 

(27)  The intellectual property policy should promote knowledge creation and exploitation. 

(28)  The Commission and ARTEMISIA should take all necessary preparatory measures for 

the setting-up of the ARTEMIS Joint Undertaking. 

(29)  Since the objective of the proposed action, namely the establishment of the ARTEMIS 
Joint  Undertaking,  cannot  be  sufficiently  achieved  by  the  Member  States  due  to  the 
lack of the appropriate legal and organisational framework at European level and can 
therefore  be  better  achieved  at  Community  level  as  only  the  Community  action  can 
establish a legal and organisational R&D framework that allows the effective pooling 
of  resources  from  R&D  undertakers,  the  Commission  and  national  governments,  the 
Community may adopt measures, in accordance with the principle of subsidiary 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. 

HAS ADOPTED THIS REGULATION: 

Article 1 
Establishment of a Joint Undertaking  

1. 

15 

16 
17 
18 

For  the  implementation  of  the  Joint  Technology  Initiative  (JTI)  on  Embedded 
Computing  Systems,  a  Joint  Undertaking  within  the  meaning  of  Article  171  of  the 
Treaty hereinafter referred to as the "ARTEMIS Joint Undertaking" is hereby set up 

Commission  Regulation  (EC,  Euratom)  No2343/2002  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  budget  of  the  European  Communities,  OJ  L 
357, 31.12.2002 p. 72; corrigendum in OJ L 2, 7.1.2003, p. 39 
OJ L 312,23.12.1995, p.1 
OJ L 295,15.11.1996, p.2 
OJ L 136,31.05.1999, p.1 

EN 

13 

   EN 

 
                                                 
for  a  period  ending  on  31  December  2017.  This  period  may  be  extended  by  a 
revision of this Regulation. 

The ARTEMIS Joint Undertaking shall have legal personality. In the Member States, 
it shall enjoy the most extensive legal capacity accorded to legal persons under the 
laws  of  those  States.  It  may,  in  particular,  acquire  or  dispose  of  movable  and 
immovable property and be a party to legal proceedings. 

It shall be considered as an international organisation within the meaning of Article 
22(c) of Directive 2004/17/EC19 and of Article 15 (c) of Directive 2004/18/EC20. 

The seat of the Joint Undertaking shall be located in Brussels, Belgium. 

The Statutes of the ARTEMIS Joint Undertaking are set out in the Annex. 

2. 

3. 

4. 

Article 2 
Objectives 

The  ARTEMIS  Joint  Undertaking  shall  contribute  to  the  implementation  of  the  Seventh 
Framework Programme of the European Community for research, technological development 
and  demonstration  activities  (2007-2013)  and  the  Theme  "Information  and  Communication 
Technologies"  of  the  Specific  Programme  "Cooperation"  implementing  the  Seventh 
Framework Programme (2007-2013) of the European Community for research, technological 
development and demonstration activities. It shall, in particular: 

(a) 

(b) 

(c) 

define  and  implement  a  Research  Agenda  for  the  development  of  key 
technologies  for  Embedded  Computing  Systems  across  different  application 
areas  in  order  to  strengthen  European  competitiveness  and  sustainability  and 
allow  the  emergence  of  new  markets  and  societal  applications.  Activities  for 
the  implementation  of  the  Research  Agenda  are  hereinafter  referred  to  as 
"R&D Activities"; 

support  the  implementation  of  the  R&D  Activities  notably  by  awarding 
funding  to  participants  in  selected  Projects21  following  competitive  calls  for 
proposals; 

promote  a  public-private  partnership  aiming  at  mobilising  and  pooling 
Community, national and private efforts, increasing overall R&D investments 
in  the  field  of  Embedded  Computing  Systems,  and  fostering  collaboration 
between the public and private sectors; 

(d) 

ensure  the  efficiency  and  durability  of  the  JTI  on  Embedded  Computing 
Systems; 

19 

20 

21 

OJ L 134, 30.4.2004, p. 1. Directive as last amended by Directive 2006/97/EC (OJ L 363, 20.12.2006, 
p. 107). 
OJ  L  134,  30.4.2004,  p.  114.  Directive  as  last  amended  by  Directive  2006/97/EC  (OJ  L  363, 
20.12.2006, p. 107). 
"Project"  shall  mean  a  research  and/or  development  project  that  is  selected  by  the  ARTEMIS  Joint 
Undertaking  following  competitive  calls  for  proposals  and  thereafter  partly  funded  by  the  ARTEMIS 
Joint Undertaking 

EN 

14 

   EN 

 
                                                 
(e) 

achieve  synergy  and  co-ordination  of  European  R&D  efforts  in  the  field  of 
Embedded  Computing  Systems  including  the  progressive  integration  into  the 
ARTEMIS  Joint  Undertaking  of  the  related  activities  in  this  field  currently 
implemented through intergovernmental R&D schemes (Eureka). 

Article 3 
Members  

1. 

The founding members of the ARTEMIS Joint Undertaking (hereinafter referred to 
as "Founding Members") shall be: 

(a) 

the European Community, represented by the Commission 

(b) 

[……] 

(c) 

the ARTEMISIA association (hereinafter referred as “ARTEMISIA”). 

2. 

Provided  that  they  subscribe  to  the  objectives  described  in  Article  2,  the  following 
entities may become members of the ARTEMIS Joint Undertaking: 

(a) 

(b) 

(c) 

other  Member  States  and  Associated  Countries  to  the  Seventh  Framework 
Programme; 

any non-EU, non-candidate and non-associated country (hereinafter referred to 
as  "Third  Country")  pursuing  R&D  policies  or  programmes  in  the  area  of 
Embedded Computing Systems; 

any  legal  entity  capable  of  making  a  substantial  financial  contribution  to  the 
achievement of the objectives of the ARTEMIS Joint Undertaking. 

The  Founding  Members  and  new  members  as  referred  to  in  paragraph  2  shall  be 
hereinafter referred to as "Members". 

Member States and Associated Countries which are members of the ARTEMIS Joint 
Undertaking shall be hereinafter referred to as "ARTEMIS Member States". 

Article 4 
Sources of financing 

The  activities  of  the  ARTEMIS  Joint  Undertaking  shall  be  jointly  funded  through 
financial contributions paid in partial instalments and in-kind contributions from its 
Members to support the running costs22 and the R&D Activities. 

The  running  costs  of  the  ARTEMIS  Joint Undertaking for the period ending on 31 
December 2017 shall be supported by the following contributions: 

(a) 

a financial contribution from  ARTEMISIA  of  up  to  EUR  20  million  or  up  to 
1%  of  the  overall  costs  of  Projects23,  whichever  figure  is  higher,  but  not 
exceeding EUR [30] million; 

Running costs are the costs necessary for the functioning of the ARTEMIS Joint Undertaking excluding 
the funding of R&D Activities 

3. 

4. 

1. 

2. 

22 

EN 

15 

   EN 

 
                                                 
(b) 

a financial contribution from the Community of up to EUR 10 million; 

(c) 

in-kind contributions from ARTEMIS Member States.  

3. 

The R&D Activities of the ARTEMIS Joint Undertaking for the period ending on 31 
December 2017 shall be supported by the following contributions: 

(a) 

(b) 

(c) 

a  financial  contribution  from  the  Community  of  up  to  EUR  410  million  to 
finance Projects; 

financial  contributions  from  ARTEMIS  Member  States  made  in  the  form  of 
annual  commitments  to  be  disbursed  directly  to  research  and  development 
organisations participating in the R&D Projects; 

in-kind  contributions by  research and development organisations to bear their 
share of the necessary cost of carrying out the Projects. 

The maximum Community contribution to the ARTEMIS Joint Undertaking shall be 
EUR  420  million  paid  from  the  budget  appropriations  allocated  to  the  Theme 
"Information  and  Communication  Technologies"  of  the  Specific  Programme 
"Cooperation"  implementing  the  Seventh  Framework  Programme  for  research, 
technological  development  and  demonstration  (2007-2013),  according  to  the 
provisions  of  Article  54(2)(b)  of  the  Council  Regulation  (EC,  Euratom)  No 
1605/2002  on  the  Financial  Regulation  applicable  to  the  general  budget  of  the 
European Communities. 

The  arrangements for the Community financial contribution shall be established  by 
means  of  a  general  agreement  and  annual  financial  agreements  to  be  concluded 
between  the  Commission,  on  behalf  of  the  Community,  and  the  ARTEMIS  Joint 
Undertaking. 

The financial contributions of the Members to the ARTEMIS Joint Undertaking shall 
be paid through partial instalments. 

Any new Member of the ARTEMIS Joint Undertaking other than Member States or 
Associated  Countries  shall  make  a  financial  contribution  to  the  ARTEMIS  Joint 
Undertaking. 

4. 

5. 

6. 

7. 

Article 5 
Bodies  

The Bodies of the ARTEMIS Joint Undertaking shall be: 

–  the Governing Board; 

–  the Public Authorities Board; 

–  the Industry and Research Committee; 

23 

"Project"  shall  mean  a  research  and/or  development  project  that  is  selected  by  the  ARTEMIS  Joint 
Undertaking  following  competitive  calls  for  proposals  and  thereafter  partly  funded  by  the  ARTEMIS 
Joint Undertaking 

EN 

16 

   EN 

 
                                                                                                                                                         
–  the Executive Director. 

Article 6 
Financial Regulation 

1. 

The  ARTEMIS  Joint  Undertaking  Financial  Regulation  shall  be  based  on  the 
principles  of  the  Framework  Financial  Regulation24.  It  may  depart  from  the 
Framework  Financial  Regulation  where  the  specific  operating  needs  of  the 
ARTEMIS  Joint  Undertaking  so  require  and  subject  to  prior  consultation  with  the 
Commission. 

2. 

The ARTEMIS Joint Undertaking shall have its own internal audit capability. 

1. 

2. 

3. 

4. 

24 

Article 7  
Funding of R&D Activities  

Public  funding  for  Projects  selected  following  calls  for  proposals  published  by  the 
ARTEMIS  Joint  Undertaking  shall  consist  of  the  national  financial  contributions 
from  the  ARTEMIS  Member  States  and/or  the  financial  contribution  from  the 
ARTEMIS Joint Undertaking. 

The  Community  contribution  to  the  ARTEMIS  Joint  Undertaking  shall  be  used  for 
funding  Projects  following  competitive  calls  for  proposals.  The  following  legal 
entities shall be eligible for receiving such funding:  

(a) 

(b) 

legal entities established in the ARTEMIS Member States having concluded a 
grant  agreement  for  such  Project  with  the  corresponding  national  authority 
following the award procedures of the ARTEMIS Joint Undertaking; 

legal entities established in Member States or Associated Countries that are not 
Members  of  the  ARTEMIS  Joint  Undertaking.  In  this  case,  such  States  may 
establish administrative arrangements with the ARTEMIS Joint Undertaking to 
enable  the  participation  of  the  companies  and  research  and  development 
organisations located in their State. 

The calls for proposals launched and published by the ARTEMIS Joint Undertaking 
shall specify the overall budget available for each Call. This budget shall indicate the 
amounts  committed  at  national  level  by  each  ARTEMIS  Member  State  and  the 
estimated  amount  of  the  ARTEMIS  Joint  Undertaking  financial  contribution.  The 
Calls shall state the evaluation criteria in relation to the objectives of the Call. 

The  ARTEMIS  Joint  Undertaking  financial  contribution  to  the  budget  of  each  Call 
shall be equivalent to 55% of the total amount committed by the ARTEMIS Member 
States, unless the Public Authorities Board decides otherwise at the proposal of the 
representative of the Community. 

Commission  Regulation  (EC,  Euratom)  No2343/2002  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  budget  of  the  European  Communities,  OJ  L 
357, 31.12.2002 p. 72; corrigendum in OJ L 2, 7.1.2003, p. 39 

EN 

17 

   EN 

 
                                                 
5. 

Calls, evaluation and selection of proposals shall respect the following rules: 

(a) 

(b) 

(c) 

(d) 

(e) 

Calls for proposals launched by the ARTEMIS Joint Undertaking shall be open 
to  participants  established  in  ARTEMIS  Member  States  and  in  any  other 
Member State of the European Union or Associated Country. 

Consortia  of  participants  in  project  proposals  submitted  in  response  to  these 
Calls shall include at least three non-affiliated entities25 established in at least 
three ARTEMIS Member States.  

The  evaluation  and  selection  process  shall  ensure  that  allocation  of  the 
ARTEMIS  Joint  Undertaking  public  funding  follows  the  principles  of 
excellence and competition. 

Following  the  evaluation  of  proposals,  the  Public  Authorities  Board  shall 
establish a ranked list of proposals on the basis of clear evaluation criteria and 
their collective contribution towards achieving the objectives of the Call. 

The Public Authorities Board shall decide on the selection of proposals and the 
allocation of public funding to selected proposals up to the limit of the budgets 
available,  taking  into  account  any  national  eligibility  criteria.  This  decision 
shall be binding for ARTEMIS Member States without any further evaluation 
or selection processes.  

6. 

Funding of Projects shall respect the following rules: 

(a) 

(b) 

The financial contribution  of  the ARTEMIS Joint Undertaking  to  participants 
in  Projects  shall  be  provided  at  a  percentage  of  the  total  costs,  defined  when 
appropriate  by  the  funding  authorities  issuing  the  grant  agreements,  incurred 
for implementing the Project. This percentage shall be determined on a yearly 
basis by the ARTEMIS Joint Undertaking and be up to 16.7%. This percentage 
shall  be  equal  for  all  participants  in  Projects  arising  from  any  given  call  for 
proposals. 

ARTEMIS Member States shall establish grant agreements with participants in 
Projects  in  accordance  with  their  national  rules,  in  particular  as  regards 
eligibility criteria and other necessary financial and legal requirements. When 
applicable,  national  financial  contributions  from  ARTEMIS  Member  States 
shall be disbursed directly to participants in Projects according to the national 
grant  agreements.  ARTEMIS  Member  States  shall  undertake  best  efforts  to 
synchronise  the  establishment  of  grant  agreements  and  to  disburse  their 
financial contributions in a timely manner. 

Article 8 
Staff Regulation 

The Staff Regulations of Officials of the European Communities, the Conditions of 
Employment of Other Servants of the European Communities and the rules adopted 

"affiliated  entity"  as  defined  in  the  Rules  of  Participation  of  the  Seventh  Framework  Programme 
1906/2006 18 December 2006  

18 

   EN 

1. 

25 

EN 

 
                                                 
jointly  by  the  European  Community  institutions  for  the  purpose  of  applying  these 
Staff  Regulations  and  Conditions  of  Employment  shall  apply  to  the  staff  of  the 
ARTEMIS Joint Undertaking and its Executive Director. 

In  respect  of  its  staff,  the  ARTEMIS  Joint  Undertaking  shall  exercise  the  powers 
conferred  on  the  appointing  authority  by  the  Staff  Regulations  of  Officials  of  the 
European Communities and on the authority empowered to conclude contracts by the 
Conditions of Employment of Other Servants of the European Communities. 

The Governing Board shall, in agreement with the Commission, adopt the necessary 
implementing measures, in accordance with arrangements provided for in article 110 
of  the  Staff  Regulations  of  Officials  of  the  European  Communities,  and  the 
Conditions of Employment of Other Servants of the European Communities. 

The  Governing  Board  may  adopt  provisions  to  allow  experts  from  Members  to  be 
seconded to the ARTEMIS Joint Undertaking. 

2. 

3. 

4. 

Article 9 
Privileges and Immunities 

The Protocol on the Privileges and Immunities of the European Communities shall apply to 
the ARTEMIS Joint Undertaking and its staff. 

Article 10 
Liability 

1. 

2. 

3. 

The  contractual  liability  of  the  ARTEMIS  Joint  Undertaking  shall  be  governed  by 
law applicable to the relevant contractual provisions. 

In  the  case  of  non-contractual  liability,  the  ARTEMIS  Joint  Undertaking  shall,  in 
accordance  with  the  general  principles  common  to  the  laws  of  the  Member  States, 
make good any damage caused by its staff in the performance of their duties. 

Any payment by the ARTEMIS Joint Undertaking in respect of the liability referred 
to in paragraphs 1 and 2 and the costs and expenses incurred in connection therewith 
shall be considered as expenditure of the ARTEMIS Joint Undertaking and shall be 
covered by the resources of the ARTEMIS Joint Undertaking. 

Article 11 
Jurisdiction of the Court of Justice and applicable law 

1. 

The Court of Justice shall have jurisdiction concerning: 

(a) 

(b) 

(c) 

in any dispute between the Members which relates to the subject matter of this 
Regulation and/or the Statutes referred to in Article 1; 

any arbitration clause contained in agreements and contracts concluded by the 
ARTEMIS Joint Undertaking; 

actions  brought  against  the  ARTEMIS  Joint  Undertaking,  including  decisions 
of its Bodies, under the conditions provided for in Articles 230 and 232 of the 
Treaty; 

EN 

19 

   EN 

 
2. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

(d) 

disputes  related  to  compensation  for  damage  caused  by  the  staff  of  the 
ARTEMIS Joint Undertaking in the performance of their duties. 

For any matter not covered by this Regulation or by other acts of Community law, 
the  law  of  the  State  where  the  seat  of  the  ARTEMIS  Joint  Undertaking  is  located 
shall apply. 

Article 12 
Report, evaluation and discharge 

The Commission shall present to the European Parliament and the Council an annual 
report on the progress achieved by the ARTEMIS Joint Undertaking. 

No  later  than  31  December  2010  and  31  December  2015,  the  Commission  shall 
conduct interim evaluations of the ARTEMIS Joint Undertaking with the assistance 
of independent experts. This evaluation shall cover the quality and efficiency of the 
ARTEMIS  Joint  Undertaking  and  progress  towards  the  objectives  set.  The 
Commission  shall  communicate  the  conclusions  thereof,  accompanied  by  its 
observations to the European Parliament and the Council. 

By  31  March  2018,  the  Commission  shall  conduct  a  final  evaluation  of  the 
ARTEMIS Joint Undertaking with the assistance of independent experts. The results 
of the final evaluation shall be presented to the European Parliament and the Council. 

Discharge for the implementation of the budget of the ARTEMIS Joint Undertaking 
shall be given by the European Parliament, upon recommendation of the Council, in 
accordance  with  a  procedure  provided  for  by  the  Financial  Regulation  of  the 
ARTEMIS Joint Undertaking. 

Article 13 
Protection of the financial interests of the members and anti-fraud measures 

The  ARTEMIS  Joint  Undertaking  shall  ensure  that  the  financial  interests  of  its 
Members  are  adequately  protected  by  carrying  out  or  commissioning  appropriate 
internal and external controls. 

In  case  of  irregularities,  the  Members  shall  reserve  the  right  to  recover  amounts 
unduly spent, including by a reduction or a suspension of subsequent contributions to 
the ARTEMIS Joint Undertaking. 

For  the  purposes  of  combating  fraud,  corruption  and  other  illegal  acts,  Regulation 
(EC) No1073/1999 shall apply. 

The Commission or the Court of Auditors may, as necessary, carry out on-the-spot 
checks  among  the  recipients  of  the  ARTEMIS  Joint  Undertaking's  funding  and  the 
agents  responsible  for  its  allocation.  To  that  end,  the  ARTEMIS  Joint  Undertaking 
shall  ensure  that  grant  agreements  and  contracts  provide  for  the  right  of  the 
Commission and of the Court of Auditors to carry out the appropriate controls and, in 
the  event  of  the  detection  of  irregularities,  to  impose  dissuasive  and  proportionate 
penalties. 

EN 

20 

   EN 

 
5. 

The  European  Anti-Fraud  Office  (OLAF)  set  up  by  Commission  Decision 
1999/352/EC,  ECSC,  Euratom  shall  enjoy  the  same  powers  in  respect  of  the  Joint 
Undertaking and its staff as it enjoys in respect of Commission departments. As soon 
as  the  Joint  Undertaking  is  established,  it  shall  accede  to  the  Interinstitutional 
Agreement of 25 May 1999 between the European Parliament, the Council and the 
Commission  concerning  internal  investigations  by  OLAF.  The  Governing  Board 
shall  approve  that  accession  and  adopt  the  necessary  measures  needed  to  facilitate 
internal investigations conducted by OLAF. 

Article 14 
Confidentiality 

The ARTEMIS Joint Undertaking shall ensure the protection of sensitive information, whose 
disclosure could damage the interests of its Members. 

Article 15 
Intellectual Property 

The ARTEMIS Joint Undertaking shall adopt rules governing the dissemination  of research 
results  which  ensure  that,  where  appropriate,  intellectual  property  generated  in  R&D 
Activities  under  this  Regulation  is  protected,  and  that  research  results  are  used  and 
disseminated. 

Article 16 
Preparatory actions 

The Commission and ARTEMISIA shall take all necessary preparatory actions for the setting 
up of the ARTEMIS Joint Undertaking until its bodies are fully operational. 

Article 17 
Support from the host State 

A host agreement shall be concluded between the ARTEMIS Joint Undertaking and the host 
State  concerning  office  accommodation,  privileges  and  immunities  and  other  support  to  be 
provided by Belgium to the ARTEMIS Joint Undertaking. 

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Article 18 

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

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

Done at Brussels,  

For the Council 
The President 

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ANNEX  

STATUTES  
OF THE  
ARTEMIS JOINT UNDERTAKING 

Article 1 
Name, location, duration, legal personality 

1. 

2. 

3. 

4. 

5. 

1. 

The name of the Joint Undertaking shall be: “ARTEMIS Joint Undertaking". 

Its seat shall be located in Brussels, Belgium. 

The  ARTEMIS  Joint  Undertaking  shall  be  established  as  from  the  publication  of 
these  Statutes  in  the  Official  Journal  of  the  European  Communities  for  a  period 
ending on 31 December 2017. 

This  period  may  be  extended  by  amending  these  Statutes  in  accordance  with  the 
provisions of Article 23, taking into account the progress made towards achieving the 
objectives  of  the  ARTEMIS  Joint  Undertaking  and  provided  that  financial 
sustainability is ensured. 

The  ARTEMIS  Joint  Undertaking  shall  have  legal  personality.  In  all  the  Member 
States  of  the  European  Community  it  shall  enjoy  the  most  extensive  legal  capacity 
accorded to legal persons under the laws of those States. It may, in particular, acquire 
or dispose of movable and immovable property and be a party to legal proceedings. 

Article 2 
Objectives and tasks 

The  objective  of  the  ARTEMIS  Joint  Undertaking  shall  be  to  contribute  to  the 
implementation of the Seventh Framework Programme of the European Community 
for  research,  technological  development  and  demonstration  activities  (2007-2013) 
and  the  Theme  "Information  and  Communication  Technologies"  of  the  Specific 
Programme "Cooperation" implementing the Seventh Framework Programme (2007-
2013)  of  the  European  Community  for  research,  technological  development  and 
demonstration activities. It shall, in particular: 

(a) 

define  and  implement  a  "Research  Agenda"  for  the  development  of  key 
technologies  for  Embedded  Computing  Systems  across  different  application 
areas  in  order  to  strengthen  European  competitiveness  and  sustainability,  and 
allow  the  emergence  of  new  markets  and  societal  applications.  Activities  for 
the  implementation  of  the  Research  Agenda  are  hereinafter  referred  to  as 
"R&D Activities"; 

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(b) 

(c) 

(d) 

(e) 

support  the  implementation  of  the  R&D  Activities  notably  by  awarding 
funding  to  participants  in  selected  Projects26  following  competitive  calls  for 
proposals; 

promote  a  public-private  partnership  aimed  at  mobilising  and  pooling 
Community, national and private efforts, increasing overall R&D investments 
in  the  field  of  Embedded  Computing  Systems,  and  fostering  collaboration 
between the public and private sectors; 

ensure  the  efficiency  and  durability  of  the  JTI  on  Embedded  Computing 
Systems; 

achieve  synergy  and  coordination  of  European  R&D  efforts  into  the  field  of 
Embedded  Computing  Systems  including  the  progressive  integration  in  the 
ARTEMIS  Joint  Undertaking  of  the  related  activities  in  this  field  currently 
implemented through intergovernmental R&D schemes (Eureka). 

2. 

The main tasks of the ARTEMIS Joint Undertaking shall be the following: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

to  ensure  the  establishment  and  sustainable  management  of  the  JTI  on 
Embedded Computing Systems; 

to define and make any necessary adjustment to the Multiannual Strategic Plan 
including the Research Agenda as referred to in Article 14; 

to  define  and  carry  out  Annual  Implementation  Plans  for  executing  the 
Multiannual Strategic Plan as referred to in Article 14; 

to  initiate  calls  for  proposals,  to  evaluate  proposals,  and  award  funding  to 
Projects selected through open, transparent and effective procedures, within the 
limits of available funds; 

to develop close cooperation and ensure coordination with European, national 
and  transnational  activities,  bodies  and  stakeholders,  aiming  at  fostering  a 
fertile innovation environment in Europe and better synergies and exploitation 
of  research  and  development  results  in  the  area  of  Embedded  Computing 
Systems; 

the  ARTEMIS  Joint 
to  monitor  progress 
Undertaking, and make any necessary adjustments in the light of developments 
occurring during its implementation; 

the  objectives  of 

towards 

(g) 

to manage communication and dissemination of the activities of the ARTEMIS 
Joint Undertaking subject to confidentiality obligations; 

26 

"Project"  shall  mean  a  research  and/or  development  project  that  is  selected  by  the  ARTEMIS  Joint 
Undertaking  following  competitive  calls  for  proposals  and  thereafter  partly  funded  by  the  ARTEMIS 
Joint Undertaking 

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(h) 

(i) 

to  publish  information  on  the  Projects,  including  the  name  of  the  participants 
and  the  amount  of  the  financial  contribution  of  the  ARTEMIS  Joint 
Undertaking; 

to  carry  out  any  other  activity  needed  to  achieve  the  objectives  referred  to  in 
paragraph 1. 

Article 3 
Members 

1. 

The founding members of the ARTEMIS Joint Undertaking (hereinafter referred to 
as "Founding Members") shall be: 

(a) 

the European Community, represented by the Commission; 

(b) 

[……]; 

(c) 

the  ARTEMISIA  association  (hereinafter  referred  as  “ARTEMISIA”),  an 
association  registered  under  Dutch  law  (registration  No  17201341)  with  its 
registered office in Eindhoven (the Netherlands), acting as a representative of 
companies  and  other  R&D  actors  operating  in  the  field  of  Embedded 
Computing Systems in Europe. 

2. 

Provided  that  they  subscribe  to  the  objectives  as  described  in  Article  2(1),  the 
following entities may become members of the ARTEMIS Joint Undertaking: 

(a) 

(b) 

(c) 

other  Member  States  and  Associated  Countries  to  the  Seventh  Framework 
Programme; 

any non-EU, non-candidate and non-associated country (hereinafter referred to 
as  "Third  Country")  pursuing  R&D  policies  or  programmes  in  the  area  of 
Embedded Computing Systems; 

any other legal entity capable of making a substantial financial contribution to 
the achievement of the objectives of the ARTEMIS Joint Undertaking. 

3. 

4. 

The  Founding  Members  and  new  members  as  referred  to  in  paragraph  2  shall 
hereinafter be referred to as "Members". 

Member  States  and  Associated  Countries  members  of  the  ARTEMIS  Joint 
Undertaking  shall  hereinafter  be  referred  to  as  "ARTEMIS  Member  States".  Each 
ARTEMIS  Member  State  shall  appoint  its  representative  in  the  bodies  of  the 
ARTEMIS Joint Undertaking and designate the national entity or entities responsible 
for  fulfilling  its  obligations  with  respect  to  implementation  of  the  activities  of  the 
ARTEMIS Joint Undertaking.  

5. 

The ARTEMIS Member States and the Commission shall hereinafter be referred to 
as the "public authorities" of the ARTEMIS Joint Undertaking. 

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Article 4 
Accession and changes to membership  

1. 

2. 

3. 

4. 

5. 

Any  new  membership  application  to  the  ARTEMIS  Joint  Undertaking  shall  be 
addressed to the Governing Board in accordance with Article 6 (2)(a). 

Member States of the European Union or Associated Countries that are not Founding 
Members  of  the  ARTEMIS  Joint  Undertaking  shall  become  Members  upon 
notification to the Governing Board of their written acceptance of these Statutes and 
of  any  other  provisions  governing  the  functioning  of  the  ARTEMIS  Joint 
Undertaking.  

Any  application  for  membership  of  the  ARTEMIS  Joint  Undertaking  by  Third 
Countries  shall  be  considered  by  the  Governing  Board,  which  shall  make  a 
recommendation  to  the  Commission.  The  Commission  may  make  a  proposal  to 
amend  this  Regulation  on  the  accession  of  the  Third  Country,  subject  to  the 
successful completion of negotiations with the ARTEMIS Joint Undertaking. 

Decisions  of  the  Governing  Board  on  accession  of  any  other  legal  entity  or 
recommendations of the Governing Board on the accession of Third Countries shall 
be made taking into account the relevance and potential added value of the applicant 
for the achievement of the objectives of the ARTEMIS Joint Undertaking. 

Any  Member  may  withdraw  from  the  ARTEMIS  Joint  Undertaking.  Withdrawal 
shall  become  effective  and  irrevocable  six  months  after  notification  to  the  other 
Members  following  which  the  former  Member  shall  be  discharged  from  any 
obligations other than those already existing previous to its withdrawal. 

Article 5 
Bodies of the ARTEMIS Joint Undertaking 

The Bodies of the ARTEMIS Joint Undertaking shall be: 

–  the Governing Board; 

–  the Public Authorities Board; 

–  the Industry and Research Committee; 

–  the Executive Director. 

Article 6 
Governing Board 

1. 

Composition and decision-making process 

(a) 

(b) 

The  Governing  Board  shall  consist  of  representatives  of  the  Members  of  the 
ARTEMIS Joint Undertaking and the Chairperson of the Industry and Research 
Committee. 

its 
Each  Member  of 
representatives  and  a  lead  delegate  who  shall  hold  the  voting  rights  of  the 

the  ARTEMIS  Joint  Undertaking  shall  appoint 

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(c) 

(d) 

(e) 

(f) 

(g) 

Member  in  the  Governing  Board.  The  Chairperson  of  the  Industry  and 
Research Committee shall have no voting rights. 

Voting  rights  for  ARTEMISIA  and  the  public  authorities  shall  be  equal  and 
shall amount in total to at least 90% of the total votes. The initial distribution of 
the voting rights shall be 50% for ARTEMISIA and 50% for public authorities. 

The  distribution  of  the  votes  for  the  public  authorities  shall  be  established 
annually  in  proportion  to  the  funds  they  have  committed  to  Projects27  in  the 
past two financial years. The Commission shall hold a minimum of 10% of the 
votes.  

For the first financial year, and any subsequent financial years in which two or 
fewer  ARTEMIS  Member  States  have  committed  public  funds  to  Projects  in 
the previous financial years, the Commission shall hold one third of the votes 
corresponding  to  public  authorities.  The  remaining  two  thirds  shall  be 
distributed equally amongst the ARTEMIS Member States. 

Voting rights for any new Member that is not a Member State of the European 
Union or an Associated Country shall be determined by the Governing Board 
before accession of this Member to the ARTEMIS Joint Undertaking. 

Decisions  shall  be  adopted  by  a  majority  of  at  least  75%  of  votes  unless 
otherwise explicitly stated in these Statutes. The Community shall hold a veto 
right  on  all  decisions  taken  by  this  Board  relating  to  the  use  of  its  financial 
contribution, any amendments to these Statutes and the Financial Regulation of 
the ARTEMIS Joint Undertaking. 

(h) 

The representatives shall not be personally liable for actions undertaken in their 
capacity as representatives in the Governing Board. 

2. 

Role and tasks 

The  Governing  Board  shall  have  overall  responsibility  for  the  operations  of  the  ARTEMIS 
Joint Undertaking and shall oversee the implementation of its activities. 

The Governing Board shall in particular: 

(a) 

(b) 

assess  applications  and  decide  or  recommend  changes  in  membership  in 
accordance with Article 4; 

decide on the termination of the membership of any Member that is in default 
of  its  obligations  and  has  not  remedied  within  a  reasonable  period  set  by  the 
Executive  Director,  notwithstanding  the  provisions  of  the  Treaty  ensuring 
compliance with Community law; 

27 

"Project"  shall  mean  a  research  and/or  development  project  that  is  selected  by  the  ARTEMIS  Joint 
Undertaking  following  competitive  calls  for  proposals  and  thereafter  partly  funded  by  the  ARTEMIS 
Joint Undertaking. 

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(c) 

approve  the  Financial  Regulation  of  the  ARTEMIS  Joint  Undertaking 
according to Article 13 of these Statutes; 

(d) 

adopt proposed amendments to the Statutes in accordance with Article 23;  

(e) 

(f) 

approve the Multiannual Strategic Plan including the Research Agenda;  

supervise the overall activities of the ARTEMIS Joint Undertaking; 

(g) 

supervise progress in implementing the Multiannual Strategic Plan; 

(h) 

(i) 

(j) 

approve  the  Annual  Implementation  Plan  and  the  Annual  Budget  Plan, 
including the staff establishment plan; 

approve  the  Annual  Activity  Report  and  the  Annual  Accounts  and  balance 
sheet; 

appoint,  dismiss  or  replace  the  Executive  Director,  provide  guidance  to  the 
Executive Director, and monitor the Executive Director's performance; 

(k) 

supervise the internal audit capabilities of the ARTEMIS Joint Undertaking; 

(l) 

(m) 

(n) 

(o) 

approve  the  Staff  Regulation  of  the  ARTEMIS  Joint  Undertaking  in 
accordance with Article 18; 

establish  committees  or  working  groups  to  carry  out  specific  tasks  as 
necessary; 

adopt its rules of procedure in accordance with paragraph 3 of this Article; 

assign  any  task  not  specifically  allocated  to  one  of  the  other  Bodies  of  the 
ARTEMIS Joint Undertaking. 

3. 

Rules of procedure 

(a) 

(b) 

(c) 

(d) 

(e) 

The Governing Board shall meet at least twice a year, normally at the seat of 
the ARTEMIS Joint Undertaking. 

The  meetings  of  the  Governing  Board  shall  be  chaired  by  the  Chairperson  of 
the Industry and Research Committee. 

Unless otherwise decided by the Governing Board, the Executive Director shall 
participate in the meetings. 

Until the Governing Board has adopted its own rules of procedure the meetings 
shall be convened by the Commission. 

The quorum of the Governing Board shall be constituted by the Commission, 
ARTEMISIA and at least three ARTEMIS Member States. 

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Article 7 
Public Authorities Board 

1. 

Composition and decision-making process 

(a) 

(b) 

(c) 

(d) 

The  Public  Authorities  Board  shall  consist  of  the  public  authorities  of  the 
ARTEMIS Joint Undertaking. 

Each public authority shall appoint its representatives and a lead delegate who 
shall hold the voting rights in the Public Authorities Board. 

One third of the voting rights in the Public Authorities Board shall be assigned 
to  the  Community;  the  remaining  two  thirds  shall  be  allocated  to  the  other 
members  of  the  Public  Authorities  Board  on  an  annual  basis  in  proportion  to 
their financial contribution to the activities of the ARTEMIS Joint Undertaking 
for that year in accordance with Article 10(5) and with an upper limit for any 
given member of 50% of the total voting rights in this Board.  

If  less  than  three  ARTEMIS  Member  States  have  communicated  to  the 
Executive Director their financial contribution according to Article 10 (5), the 
Community shall hold one third of the votes and the remaining two thirds shall 
be distributed equally amongst the ARTEMIS Member States. 

(e) 

Decisions shall be taken by at least 60% of total votes. 

(f) 

The  representative  of  the  Community  shall  have  a  veto  right  on  all  issues 
concerning the use of its own contribution to the ARTEMIS Joint Undertaking. 

2. 

Role and tasks 

The Public Authorities Board shall: 

(a) 

(b) 

(c) 

(d) 

ensure that the principles of fairness and transparency are properly applied in 
the allocation of public funding to participants in Projects; 

approve  the  Annual  Work  Programme  upon  proposals  from  the  Industry  and 
Research Committee, including the budgets available for calls for proposals; 

approve  the  rules  of  procedure  for  calls  for  proposals,  for  the  evaluation  and 
selection of proposals and for monitoring of Projects; 

upon  proposal  of  the  representative  of  the  Community,  decide  on  the 
ARTEMIS  Joint  Undertaking  financial  contribution  to  the  budget  of  the  calls 
for proposals; 

(e) 

approve the launch of calls for proposals; 

(f) 

(g) 

approve the selection of project proposals to receive public funding following 
calls for proposals; 

upon  proposal  of  the  representative  of  the  Community,  decide  on  the 
percentage of the ARTEMIS Joint Undertaking's financial contribution referred 

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to in Article 16(5)(a) to participants in Projects arising from calls for proposals 
in any given year.; 

(h) 

adopt its rules of procedure in accordance with paragraph 3 of this Article. 

3. 

Rules of procedure 

(a) 

The Public Authorities Board shall meet at least twice a year, normally at the 
seat of the ARTEMIS Joint Undertaking.  

(b) 

The Public Authorities Board shall elect its Chairperson.  

(c) 

(d) 

Until  the  Public  Authorities  Board  has  adopted  its  rules  of  procedure,  the 
meetings shall be convened by the Commission. 

The  quorum  of  the  Public  Authorities  Board  shall  be  constituted  by  the 
Commission and at least three ARTEMIS Member States. 

Article 8 – Industry and Research Committee 

1. 

Composition 

(a) 

(b) 

ARTEMISIA  shall  appoint  the  members  of  the  Industry  and  Research 
Committee. 

The  Industry  and  Research  Committee  shall  consist  of  no  more  than  25 
members. 

2. 

Role and tasks 

The Industry and Research Committee shall: 

(a) 

(b) 

(c) 

(d) 

(e) 

elaborate the draft Multiannual Strategic Plan, including the content and update 
of the Research Agenda, and submit it to the Governing Board for approval; 

prepare the draft Annual Work Programme, including proposals for the content 
of calls for proposals to be launched by the ARTEMIS Joint Undertaking; 

elaborate  proposals  regarding  the  technological,  research  and  innovation 
strategy of the ARTEMIS Joint Undertaking; 

elaborate  proposals  for  activities  regarding  the  creation  of  open  innovation 
environments,  promoting  the  participation  of  SMEs,  developing  standards 
transparently  and  with  openness  to  participation,  international  cooperation, 
dissemination and public relations; 

advise the other Bodies on any issue related to planning and operating research 
and development programmes, fostering partnerships and leveraging resources 
in  Europe  in  order  to  achieve  the  objectives  of  the  ARTEMIS  Joint 
Undertaking; 

(f) 

appoint working groups where necessary under the overall coordination of one 
or more members of this Committee in order to achieve the above tasks; 

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(g) 

adopt its rules of procedure in accordance with paragraph 3 of this Article. 

3. 

Rules of procedure  

(a) 

The Industry and Research Committee shall meet at least twice a year.  

(b) 

The Industry and Research Committee shall elect its Chairperson. 

(c) 

Until  the  Industry  and  Research  Committee  has  adopted  its  own  rules  of 
procedure, the meetings shall be convened by ARTEMISIA. 

Article 9 – Executive Director 

1. 

2. 

The  Executive  Director  shall  be  the  chief  executive  responsible  for  the  day-to-day 
management  of  the  ARTEMIS  Joint  Undertaking  and  be  its  legal  representative. 
He/she shall perform his/her tasks with independence and shall be accountable to the 
Governing Board. 

The  Executive  Director  shall  be  appointed  by  the  Governing  Board  from  a  list  of 
candidates proposed by the Commission, for a period of up to three years. After an 
evaluation of the Executive Director's performance, the Board may extend the term 
of office once for a further period of not more than four years. 

3. 

The role and tasks of the Executive Director shall be: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

to  prepare  the  Annual  Implementation  Plan  and  the  Annual  Budget  Plan,  in 
collaboration  with  the  Industry  and  Research  Committee,  and  submit  them  to 
the Governing Board for approval; 

to oversee the organisation and execution of all activities  needed to carry  out 
the Annual Implementation Plan within the framework and the rules laid down 
by  these  Statutes  and  subsequent  decisions  adopted  by  the  Governing  Board 
and the Public Authorities Board; 

to  prepare  the  Annual  Activity  Report  and  the  Annual  Accounts  and  balance 
sheets and submit them to the Governing Board for approval; 

to  present  proposals  on  the  internal  functioning  of  the  ARTEMIS  Joint 
Undertaking to the Governing Board for approval; 

to present proposals on the rules of procedure for calls for proposals launched 
by the ARTEMIS Joint Undertaking, including the associated project proposal 
evaluation and selection process to the Public Authorities Board for approval; 

to  manage  the  launch  of  calls  for  proposals,  the  process  of  evaluating  and 
selecting  project  proposals  and  negotiating  grant  agreements  for  selected 
proposals,  and  the  subsequent  periodic  monitoring  and  follow-up  of  Projects 
within the mandate given by the Public Authorities Board; 

to conclude grant agreements for the implementation of the R&D Activities as 
referred to in Article 15 and 16, and service and supply contracts necessary for 
the operations of the ARTEMIS Joint Undertaking as referred to in Article 17; 

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(h) 

to authorise all payments due by the ARTEMIS Joint Undertaking; 

(i) 

(j) 

(k) 

(l) 

(m) 

(n) 

(o) 

(p) 

(q) 

(r) 

to  establish  and  implement  the  necessary  measures  and  actions  for  assessing 
the  progress  of  the  ARTEMIS  Joint  Undertaking  towards  achieving  its 
objectives,  including  independent  monitoring  and  auditing  to  assess  the 
effectiveness and performance of the ARTEMIS Joint Undertaking; 

to organise Project reviews and technical audits for the assessment of research 
and development results, and to report to the Governing Board on the overall 
results; 

to carry out financial audits, directly or through the national public authorities, 
on  Project  participants  as  necessary,  in  compliance  with  the  Financial 
Regulation of the ARTEMIS Joint Undertaking; 

to  negotiate  the  conditions  for  accession  of  new  members  of  the  ARTEMIS 
Joint  Undertaking,  on  behalf  of  and  within  the  mandate  of  the  Governing 
Board; 

to  carry  out  any  other  necessary  action  for  the  successful  achievement  of  the 
ARTEMIS  Joint  Undertaking's  objectives  not  provided  for  in  the  Annual 
Implementation  Plan,  within  any  limits  and  conditions  established  by  the 
Governing Board; 

to  convene  meetings  of  the  Governing  Board  and  of  the  Public  Authorities 
Board and to attend where appropriate these meetings as an observer; 

to provide the Governing Board with any information requested by it; 

to  submit  to  the  Governing  Board  his/her  proposal(s)  concerning  the 
organisation structure of the Secretariat; 

to  be  fully  responsible  for  decisions  on  personnel  management  regarding  the 
staff of the ARTEMIS Joint Undertaking; 

to perform risk assessment and risk management analysis and to propose to the 
Governing  Board  any  insurance  that  it  may  be  necessary  for  the  ARTEMIS 
Joint Undertaking to take out in order to meet its obligations. 

4. 

A Secretariat under the responsibility of the Executive Director shall be established 
to provide support in all his/her tasks, including: 

(a) 

(b) 

(c) 

secretarial support for the Bodies of the ARTEMIS Joint Undertaking; 

operational support for evaluating proposals and monitoring Projects, including 
support in organising calls for proposals and arranging for Project reviews and 
technical audits; 

establishment and management of an appropriate internal audit and accounting 
system; 

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(d) 

(e) 

(f) 

financial  tasks,  including  payments  of  financial  contributions  from  the 
ARTEMIS Joint Undertaking to participants in Projects; 

support for communication activities such as public relations, publication and 
dissemination activities and organisation of events; 

managing invitations to tender for ARTEMIS Joint Undertaking goods/services 
requirements  according  to  the  Financial  Regulation  of  the  ARTEMIS  Joint 
Undertaking. 

Non-financial  tasks  of  the  Secretariat  may  be  contracted  by  the  ARTEMIS  Joint 
Undertaking  to  external  service  providers.  Such  contracts  shall  be  established  in 
accordance  with  the  provisions  of  the  Financial  Regulation  of  the  ARTEMIS  Joint 
Undertaking. 

Article 10 – Sources of financing 

All resources of the ARTEMIS Joint Undertaking shall be devoted to achieving the 
objectives laid down in Article 2 of these Statutes. 

The  resources  of  the  ARTEMIS  Joint  Undertaking  entered  to  its  budget  shall  be 
composed of: 

(a)  Members’ contributions to the running costs, except for the ones referred to in 

paragraph 4(c); 

(b) 

a Community contribution to fund the R&D Activities;  

(c) 

any revenue generated by the ARTEMIS Joint Undertaking; 

(d) 

any other contributions and revenues. 

Any interest yielded by the contributions paid by Members shall be considered to be 
revenue of the ARTEMIS Joint Undertaking. 

Any legal entity that is not a Member may make in-kind or cash contributions to the 
resources  of  the  ARTEMIS  Joint  Undertaking  under  the  terms  and  conditions 
negotiated by the Executive Director on behalf of and within the mandate granted by 
the Governing Board.  

The running costs28 of the ARTEMIS Joint Undertaking for the period ending on 31 
December 2017 shall be borne by its members: 

(a) 

ARTEMISIA shall make a contribution of up to EUR 20 million or up to 1% of 
the  overall  costs  of  Projects,  whichever  figure  is  higher,  but  not  exceeding 
EUR 30 million; 

(b) 

the Community shall make a contribution of up to EUR 10 million; 

5. 

1. 

2. 

3. 

4. 

28 

Running costs are the costs necessary for the functioning of the ARTEMIS Joint Undertaking excluding 
the funding of R&D Activities 

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(c) 

(d) 

ARTEMIS  Member  States  shall  make  in-kind  contributions  to  the  running 
costs by facilitating the implementation of Projects and the granting of public 
funds as referred to in Articles 15 and 16; 

the contributions of the Community and ARTEMISIA shall be made available 
in accordance with the provisions of the relevant Annual Budget Plan. Partial 
instalments shall be provided on the basis of the Joint Undertaking's financial 
needs. 

5. 

The R&D Activities of the ARTEMIS Joint Undertaking for the period ending on 31 
December 2017 shall be supported through: 

(a) 

(b) 

(c) 

a  financial  contribution  from  the  Community  of  up  to  EUR  410  million  to 
finance Projects; 

financial  contributions  from  ARTEMIS  Member  States  that  shall  amount  in 
total  to  at  least  1.8  times  the  Community's  financial  contribution.  These 
financial  contributions  shall  be  paid  to  Project  participants  according  to  the 
provisions of Articles 15 and 16. Every year, ARTEMIS Member States shall 
communicate to the Executive Director by a date determined by the Governing 
Board their national financial commitments reserved for calls for proposals to 
be launched by the ARTEMIS Joint Undertaking taking into account the scope 
of the supported R&D Activities addressed in the Calls; 

in-kind contributions by research and development organisations participating 
in Projects which shall bear their share of the necessary cost of carrying out the 
Projects.  Their  overall  contribution  over  the  duration  of  the  ARTEMIS  Joint 
Undertaking  shall  be  equal  to  or  greater  than  the  contribution  of  public 
authorities. 

6. 

7. 

8. 

The financial contributions of the Members to the ARTEMIS Joint Undertaking shall 
be paid through partial instalments in accordance with the provisions of the Annual 
Budget Plan. 

Should  any  Member  of  the  ARTEMIS  Joint  Undertaking  be  in  default  of  its 
commitments  concerning  its  agreed  financial  contribution  to  the  ARTEMIS  Joint 
Undertaking, the Executive Director shall convene a meeting of the Governing Board 
to  decide  whether  the  remaining  Members  should  revoke  the  defaulting  Member's 
membership or if any other measures should be taken until its obligations have been 
met. 

The ARTEMIS Joint Undertaking shall own all assets generated by or transferred to 
it  for  the  fulfilment  of  its  objectives  as  described  in  Article  2,  unless  otherwise 
specified. 

Article 11 - Financial revenues 

Except when the ARTEMIS Joint Undertaking is wound up pursuant to Article 22, any excess 
revenue  over  expenditure  shall  not  be  paid  to  the  Members  of  the  ARTEMIS  Joint 
Undertaking. 

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34 

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The financial year shall correspond to the calendar year. 

Article 12 – Financial year 

Article 13 – Financial Regulation 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

29 

The  Financial  Regulation  of  the  ARTEMIS  Joint  Undertaking  shall  be  adopted  by 
the Governing Board. 

The purpose of the Financial Regulation is to ensure the sound financial management 
of the ARTEMIS Joint Undertaking. 

The  Financial  Regulation  shall  be  based  on  the  principles  of  the  Framework 
Financial  Regulation29  and  shall 
the  planning  and 
implementation  of  the  budget  of  the  ARTEMIS  Joint  Undertaking.  The  Financial 
Regulation may depart from the Framework Financial Regulation where the specific 
operating needs of the ARTEMIS Joint Undertaking so require and subject to prior 
consultation with the Commission. 

include  provisions  for 

Discharge for the implementation of the budget of the ARTEMIS Joint Undertaking 
shall be given by the European Parliament, upon recommendation of the Council, in 
accordance with a procedure that shall be provided for by the Financial Regulation of 
the ARTEMIS Joint Undertaking. 

Article 14 – Planning and reporting  

The Multiannual Strategic Plan shall specify the strategy and plans for achieving the 
objectives of the ARTEMIS Joint Undertaking, including the Research Agenda. 

The  Annual  Work  Programme  shall  describe  the  scope  and  budget  of  calls  for 
proposals needed to implement the Research Agenda for a particular year. 

The  Annual  Implementation  Plan  shall  specify  the  plan  for  the  execution  of  all  the 
activities of the ARTEMIS Joint Undertaking for a particular year, including planned 
calls for proposals and actions needing to be implemented through Calls for tenders. 
The Annual Implementation Plan shall be presented by the Executive Director to the 
Governing Board together with the Annual Budget Plan. 

Annual  Budget  Plan:  every  year,  the  Executive  Director  shall  present  to  the 
Governing  Board  a  preliminary  draft  Annual  Budget  Plan  containing  a  forecast  of 
annual expenditure for the following two years and including the staff establishment 
plan.  Within  this  forecast,  the  estimates  of  revenue  and  expenditure  for  the  first  of 
those  two  years  shall  be  drawn  up  in  such  detail  as  is  necessary  for  the  internal 
budgetary  procedure  of  each  Member  regarding  its  financial  contributions  to  the 
ARTEMIS  Joint  Undertaking.  The  Executive  Director  shall  supply  the  Governing 
Board with all supplementary information needed for this purpose. 

Commission  Regulation  (EC,  Euratom)  No2343/2002  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  budget  of  the  European  Communities,  OJ  L 
357, 31.12.2002 p. 72; corrigendum in OJ L 2, 7.1.2003, p. 39 

EN 

35 

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The members of the Governing Board shall communicate to the Executive Director 
its  comments on the  preliminary draft Annual Budget Plan and in particular on the 
estimates  of  resources  and  expenditure  for  the  following  year.  Taking  into  account 
the  comments  received  from  the  members  of  the  Governing  Board,  the  Executive 
Director  shall  prepare  the  draft  Annual  Budget  Plan  for  the  following  year  in 
collaboration  with  the  Industry  and  Research  Committee.  Before  1  September  of 
each  year,  the  Executive  Director  shall  submit  the  Annual  Budget  Plan  to  the 
Governing Board for approval. 

The Annual Budget Plan and the  Annual Implementation Plan for a particular  year 
shall be adopted by the Governing Board of the ARTEMIS Joint Undertaking by 31 
October of the previous year. 

The  Annual  Activity  Report  shall  present  progress  made  by  the  ARTEMIS  Joint 
Undertaking  in  each  calendar  year,  in  particular  in  relation  to  the  Multiannual 
Strategic Plan and the Annual Implementation Plan for that year.  

The  Annual  Activity  Report  shall  be  presented  by  the  Executive  Director  together 
with the Annual Accounts and balance sheets. 

Annual  Accounts  and  balance  sheets:  within  two  months  of  the  closure  of  each 
financial year, the Annual Accounts and balance sheets for the preceding year shall 
be  submitted  by  the  Executive  Director  to  the  Governing  Board  for  approval.  The 
Annual Accounts and balance sheets for the preceding year shall be submitted to the 
European Court of Auditors.  

Article 15 - Implementation of R&D Activities 

The ARTEMIS Joint Undertaking shall support R&D Activities through competitive 
calls for proposals, independent evaluation and selection of proposals, allocation of 
public funding to selected proposals, and the funding of Projects. 

The  ARTEMIS  Joint  Undertaking  shall  conclude  grant  agreements  with  Project 
participants  for  the  implementation  of  the  Projects.  These  grant  agreements  shall 
refer to and, where appropriate, rely on corresponding national grant agreements as 
referred to in Article 16(5)(b). 

In order to enable the implementation of  Projects and the granting of  public  funds, 
the  ARTEMIS  Joint  Undertaking  shall  establish  administrative  arrangements  with 
the national entities designated by the ARTEMIS Member States for that purpose, in 
line with the Financial Regulation of the ARTEMIS Joint Undertaking. 

Member States of the European Union or Associated Countries that are not Members 
of  the  ARTEMIS  Joint  Undertaking  may  conclude  similar  arrangements  with  the 
ARTEMIS Joint Undertaking. 

The ARTEMIS Joint Undertaking shall set up the procedures for the supervision and 
control  of  the  R&D  Activities,  including  provisions  for  monitoring  and  technical 
auditing  of  Projects.  The  ARTEMIS  Member  States  shall  not  require  additional 
monitoring  and  technical  audit  reports  other  than  those  required  by  the  ARTEMIS 
Joint Undertaking. 

5. 

6. 

1. 

2. 

3. 

4. 

5. 

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36 

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Article 16 – Funding of Projects 

1. 

2. 

3. 

Public  funding  to  Project  participants  shall  consist  of  the  national  financial 
contributions of the  ARTEMIS Member States,  and/or of the financial contribution 
of  the  ARTEMIS  Joint  Undertaking.  Any  public  support  under  this  initiative  is 
without prejudice to the procedural and material State aid rules when applicable.  

The calls for proposals launched and published by the ARTEMIS Joint Undertaking 
shall specify the overall budget available for each Call. This budget shall indicate the 
amounts  committed  at  national  level  by  each  ARTEMIS  Member  State  and  the 
amount of the ARTEMIS Joint Undertaking's financial contribution. The Calls shall 
state the evaluation criteria in relation to the objectives of the Call. 

The ARTEMIS Joint Undertaking's financial contribution to the budget for each Call 
shall be equivalent to 55% of the total amount committed by the ARTEMIS Member 
States, unless the Public Authorities Board decides otherwise on a proposal from the 
representative of the Community. 

4. 

Calls, evaluation and selection of proposals 

(a) 

(b) 

(c) 

(d) 

(e) 

Calls for proposals launched by the ARTEMIS Joint Undertaking shall be open 
to  participants  established  in  ARTEMIS  Member  States  and  in  any  other 
Member State of the European Union or Associated Country. 

Consortia  of  participants  in  project  proposals  submitted  in  response  to  these 
Calls shall include at least three non-affiliated entities30 established in at least 
three ARTEMIS Member States.  

The  evaluation  and  selection  process  shall  ensure  that  allocation  of  the 
ARTEMIS  Joint  Undertaking's  public  funding  follows  the  principles  of 
excellence and competition31. 

Following  the  evaluation  of  proposals,  the  Public  Authorities  Board  shall 
establish a ranked list of proposals on the basis of clear evaluation criteria and 
their collective contribution towards achieving the objectives of the Call. 

The Public Authorities Board shall decide on the selection of proposals and the 
allocation of public funding to selected proposals up to the limit of the budgets 
available,  taking  into  account  any  national  eligibility  criteria.  This  decision 
shall be binding for ARTEMIS Member States without any further evaluation 
or selection processes.  

5. 

Funding of Projects 

30 

31 

"affiliated  entity"  as  defined  in  the  Rules  for  Participation  in  the  Seventh  Framework  Programme 
1906/2006 18 December 2006  
In particular, the evaluation and selection of projects should be consistent with the criteria spelled out in 
the Community Framework for State aid for Research and Development and Innovation (OJ C 323 of 
30.12.2006, p. 1) and the Guidelines on the applicability of Article 81 of the EC Treaty to horizontal 
cooperation agreements, Official Journal C 003 , 06/01/2001 P. 0002 – 0030) 

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37 

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(a) 

(b) 

The financial contribution  of  the ARTEMIS Joint Undertaking  to  participants 
in  Projects  shall  be  provided  at  a  percentage  of  the  total  costs32  incurred  for 
implementing  the  Project.  This  percentage  shall  be  determined  on  a  yearly 
basis  by  the  Public  Authorities  Board  and  be  up  to  16.7%.  This  percentage 
shall  be  equal  for  all  participants  in  Projects  arising  from  any  given  call  for 
proposals. 

ARTEMIS Member States shall establish grant agreements with participants in 
Projects in accordance to their national rules, in particular as regards eligibility 
criteria and other necessary financial and legal requirements. When applicable, 
national  financial  contributions  from  ARTEMIS  Member  States  shall  be 
disbursed  directly  to  participants  in  Projects  according  to  the  national  grant 
agreements.  ARTEMIS  Member  States  shall  undertake  best  efforts  to 
synchronise  the  establishment  of  grant  agreements  and  to  disburse  their 
financial contributions in a timely manner. 

Article 17 – Service and supply contracts 

The ARTEMIS Joint Undertaking shall set up all the appropriate procedures and mechanisms 
for  the  implementation,  supervision  and  control  of  service  and  supply  contracts  concluded 
where necessary for the operations of the ARTEMIS Joint Undertaking. 

Article 18 – Staff resources 

The staff resources shall be determined in an establishment plan to be set out in the 
Annual Budget Plan.  

The  members  of  the  staff  of  the  ARTEMIS  Joint  Undertaking  shall  be  temporary 
agents and contract agents and shall have fixed-term contracts extendable once up to 
a maximum total period of seven years. 

The staff expenditure shall be borne by the ARTEMIS Joint Undertaking. 

Any Member of the ARTEMIS Joint Undertaking or the host State may propose to 
the  Executive  Director  that  it  second  members  of  its  staff  to  the  Secretariat  of  the 
ARTEMIS Joint Undertaking.  

Article 19 – Liability, insurance  

The  contractual  liability  of  the  ARTEMIS  Joint  Undertaking  shall  be  governed  by 
the  relevant  contractual  provisions  and  by  the  law  applicable  to  the  agreement  or 
contract in question. 

In  the  case  of  non-contractual  liability,  the  ARTEMIS  Joint  Undertaking  shall,  in 
accordance  with  the  general  principles  common  to  the  laws  of  the  Member  States, 
make good any damage caused by its staff in the performance of their duties. 

Any payment by the ARTEMIS Joint Undertaking in respect of the liability referred 
to in paragraphs 1 and 2 and the costs and expenses incurred in connection therewith 

"Total costs" as defined where appropriate by the funding authorities issuing the grant agreements 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

32 

EN 

38 

   EN 

 
                                                 
4. 

5. 

6. 

7. 

shall be considered as expenditure of the ARTEMIS Joint Undertaking and shall be 
covered by the resources of the ARTEMIS Joint Undertaking. 

The  ARTEMIS  Joint  Undertaking  shall  be  solely  responsible  for  meeting  its 
obligations.  

The ARTEMIS Joint Undertaking shall not be responsible for meeting the financial 
obligations  of  its  Members.  It  shall  not  be  liable  for  any  ARTEMIS  Member  State 
failing  to  meet  its  obligations  resulting  from  calls  for  proposals  launched  by  the 
ARTEMIS Joint Undertaking. 

The Members are not liable for any of the ARTEMIS Joint Undertaking’s financial 
obligations. The financial liability of the Members is an internal liability towards the 
ARTEMIS Joint Undertaking only, and is limited to their commitment to contribute 
to the resources as set out in Article 10(2). 

The financial liability of the ARTEMIS Joint Undertaking for its debts is limited to 
the  contributions  that  the  Members  have  made  to  the  running  costs  as  set  out  in 
Article 10 (2). 

8. 

The ARTEMIS Joint Undertaking shall take out and maintain appropriate insurance. 

Article 20 - Conflict of interests 

The ARTEMIS Joint Undertaking shall avoid any conflict of interests in the implementation 
of its activities. 

1. 

2. 

3. 

Article 21 – Protection of financial interests 

The  ARTEMIS  Joint  Undertaking  shall  carry  out  on-the-spot  checks  and  financial 
audits  among  the  recipients  of  the  ARTEMIS  Joint  Undertaking’s  public  funding. 
These  checks  and  audits  shall  be  performed  either  directly  by  the  ARTEMIS  Joint 
Undertaking or by ARTEMIS Member States on its behalf. 

The Commission or the European Court of Auditors may, as necessary, carry out on-
the-spot checks among the recipients of the ARTEMIS Joint Undertaking's funding 
and  the  agents  responsible  for  allocating  it.  To  that  end,  the  ARTEMIS  Joint 
Undertaking shall ensure that its grant agreements and contracts provide for the right 
of the Commission and of the Court of Auditors to carry out the appropriate controls 
and, in the event of detection of irregularities, to impose dissuasive and proportionate 
penalties. 

The  European  Anti-Fraud  Office  (OLAF)  set  up  by  Commission  Decision 
1999/352/EC,  ECSC,  Euratom  shall  enjoy  the  same  powers  in  respect  of  the  Joint 
Undertaking and its staff as it enjoys in respect of Commission departments. As soon 
as  the  Joint  Undertaking  is  established,  it  shall  accede  to  the  Interinstitutional 
Agreement of 25 May 1999 between the European Parliament, the Council and the 
Commission  concerning  internal  investigations  by  OLAF.  The  Governing  Board 
shall  approve  that  accession  and  adopt  the  necessary  measures  needed  to  facilitate 
internal investigations conducted by OLAF. 

EN 

39 

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1. 

2. 

3. 

4. 

5. 

6. 

7. 

1. 

2. 

3. 

4. 

5. 

Article 22 – Winding up 

At  the  end  of  the  period  provided  for  in  Article  1(3),  the  ARTEMIS  Joint 
Undertaking shall be wound up. 

The  winding-up  procedure  shall  be  automatically  triggered  if  the  Commission 
withdraws from the ARTEMIS Joint Undertaking. 

For the purpose of conducting the proceedings involved in liquidating the ARTEMIS 
Joint Undertaking, the Governing Board shall appoint one or more liquidators, who 
shall comply with the decisions of the Governing Board. 

When the ARTEMIS Joint Undertaking is being wound up, it shall return to the host 
State any physical support item made available by the host State in accordance with 
the host agreement referred to in Article 25.  

When  any  physical  asset  has  been  dealt  with  as  provided  for  in  paragraph  4,  any 
further  assets  shall  be  used  to  cover  the  liabilities  of  the  ARTEMIS  Joint 
Undertaking and the costs relating to its winding-up. Any surplus or deficit shall be 
distributed among or met by the Members existing at the time of the winding-up in 
proportion to their actual contribution to the ARTEMIS Joint Undertaking.  

Remaining  assets  shall  be  distributed  to  the  Members  existing  at  the  time  of  the 
winding-up  in  proportion  to  their  actual  contribution  to  the  ARTEMIS  Joint 
Undertaking. 

An  ad  hoc  procedure  shall  be  set  up  to  ensure  the  appropriate  management  of  any 
grant agreement and service and supply contract concluded by the ARTEMIS Joint 
undertaking,  with  a  duration  longer  than  the  duration  of  the  ARTEMIS  Joint 
Undertaking. 

Article 23 – Amendments to the Statutes 

The  present  Statutes  of  the  ARTEMIS  Joint  Undertaking  shall  enter  into  force 
following  their  approval  by  the  Founding  Members  at  the  first  meeting  of  the 
Governing Board.  

Any  Member  of  the  ARTEMIS  Joint  Undertaking  may  submit  a  draft  proposal  for 
amending the Statutes to the Governing Board. 

Proposals for amendments to the Statutes shall be approved by the Governing Board 
according  to  the  provisions  of  Article  6  and  submitted  to  the  Commission  for 
decision.  

Notwithstanding paragraph 3, any amendment proposed to Article 1(3), Article 4 (3), 
Article  10(4)(b)  Article  10(5)(a)  shall  be  considered  as  an  essential  aspect  and 
therefore subject to a revision of this Regulation. 

Proposals  for  amendments  to  the  Statutes  of  ARTEMISIA  shall  be  notified  to  the 
Governing  Board  of  the  ARTEMIS  Joint  Undertaking  at  least  forty-five  days  in 
advance of their adoption.  

EN 

40 

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Article 24 – Intellectual property policy 

1. 

The  objective  of  the  intellectual  property  policy  as  laid  down  in  this  Article  is  to 
promote the creation of knowledge and its exploitation, to achieve fair allocation of 
rights, to reward innovation, and to achieve broad participation of private and public 
entities in Projects. 

2. 

For the purposes of this Article: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

“Information” shall mean any drawings, specifications, photographs, samples, 
models,  processes,  procedures,  instructions,  software,  reports,  papers,  or  any 
other technical and/or commercial information, know-how, data or documents 
of any kind, including oral information, other than subject matter protected by 
"Intellectual Property Rights” (IPR); 

"Intellectual Property Rights” (IPR) shall mean any intellectual property rights, 
including patents, utility models and utility certificates, industrial design rights, 
copyrights,  trade  secrets,  database  rights,  topographies  of  semiconductor 
products'  rights,  as  well  as  any  registrations,  applications,  divisions, 
continuations,  re-examinations,  renewals  or  reissues  of  any  of  the  foregoing, 
excluding trademarks and trade names; 

"Background  Information”  shall  mean  any  information  which  is  owned  or 
controlled  by  a  Project  participant  on  the  effective  date  of  the  corresponding 
Project Agreement, or in respect of which ownership or control is acquired by a 
Project participant as a result of activities outside the framework of the Project; 

"Background  IPR”  shall  mean  any  IPRs  which  are  owned  or  controlled  by  a 
Project  participant  on  the  effective  date  of  the  corresponding  Project 
Agreement, or in respect of which ownership or control is acquired during the 
term of the corresponding Project agreement as a result of activities outside the 
framework of the Project; 

"Background" shall mean Background Information and Background IPR; 

"Foreground  Information”  shall  mean  any  Information  that  is  generated  as  a 
result of the activities conducted within the framework of a Project concerned, 
as specified in the corresponding Project Agreement; 

"Foreground  IPR”  shall  mean  any  IPRs  that  are  generated  as  a  result  of  the 
activities conducted within the framework of the Project concerned as specified 
in the corresponding Project Agreement; 

(h) 

"Foreground" shall mean Foreground Information and Foreground IPR; 

(i) 

(j) 

"Access  Right”  shall  mean  non-exclusive  licences  and  user  rights  to 
Foreground  or  Background,  which  rights  shall  not  include  the  right  to 
sublicense unless otherwise agreed upon in the Project Agreement; 

“Needed”  shall  mean  “technically  essential”  for  the  implementation  of  the 
Project and/or in respect of use of Foreground and, where Intellectual Property 

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41 

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Rights are concerned, shall mean that those Intellectual Property Rights would 
be infringed if the Access Rights were not granted; 

(k) 

(l) 

(m) 

“Use”  shall  mean  the  developing,  creating  and  marketing  of  a  product  or 
process  for  creating  and  providing  a  service  as  may  be  further  defined  in  the 
applicable Project Agreement; 

"Dissemination"  shall  mean  the  disclosure  of  Foreground  by  any  appropriate 
means  other  than  that  resulting  from  the  formalities  for  protecting  it,  and 
including the publication of Foreground in any medium; 

“Project  Agreement”  shall  mean  an  agreement  between  Project  participants 
setting  forth  all  or  part  of  the  terms  and  conditions  that  apply  between  them 
regarding  a  specific  Project,  such  as  a  project  consortium  agreement,  which 
agreement  shall  include  without  limitation  Access  Rights  in  accordance  with 
this Article; 

(n) 

“Transfer Conditions” means financial conditions that have a value lower than 
fair and reasonable conditions, normally the cost of making the Access Rights 
available. 

3. 

Without  prejudice  of  Community  competition  rules,  the  intellectual  property 
arrangements in Projects shall be governed by the following principles: 

3.1. 

Ownership 

3.1.1.  The Joint Undertaking shall own any tangible and intangible assets created with its 
own  resources  or  transferred  to  it  for  the  implementation  of  the  ARTEMIS  Joint 
Undertaking, unless otherwise specified.  

3.1.2.  Notwithstanding  the  provisions  above,  the  ARTEMIS  Joint  Undertaking  shall  not 

retain any Information or IPR created in Projects.  

3.1.3.  Each participant in a Project remains the owner of its Background. Participants may 
define the Background needed for the purposes of the ARTEMIS Joint Undertaking 
Project in a written project agreement and, where appropriate, may exclude specific 
background.  

3.1.4.  Foreground arising from work carried out under Projects shall be the property of the 
participant(s)  carrying  out  the  work  generating  that  Foreground  according  to  the 
arrangements described in the grant and Project Agreements and the principles laid 
down in this Article. 

3.2. 

Access Rights 

3.2.1.  Project  participants  in  the  same  Project  shall  conclude  among  themselves  a  Project 
Agreement  that  shall  govern,  inter  alia,  the  Access  Rights  to  be  granted  in 
accordance with this Article. Project participants may define the Background needed 
for the purposes of the Project and, where appropriate, may agree to exclude specific 
Background. 

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42 

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3.2.2.  Access  Rights  to  Background  shall  be  granted  to  other  participants  in  the  same 
Project  if  such  Background  is  needed  by  those  other  participants  to  carry  out  their 
own  work  in  the  Project,  provided  that  the  owner  is  entitled  to  grant  such  rights. 
Access  Rights  shall  be  granted  on  Transfer  Conditions  to  be  agreed  by  the  Project 
participants  concerned,  unless  otherwise  agreed  by  all  participants  in  the  Project 
Agreement. 

3.2.3.  Access  Rights  to  Foreground  shall  be  granted  to  other  participants  in  the  same 
project  if  such  Foreground  is  needed  by  those  other  participants  to  carry  out  their 
own work in the project. Such Access Rights shall be granted on a royalty-free non-
exclusive and non-transferable basis. 

3.2.4.  Participants  in  the  same  Project  shall  enjoy  Access  Rights  to  Background  if  this  is 
needed for the Use of their own Foreground of that Project, provided that the owner 
of the Background is entitled to grant them. Such Access Rights shall be granted on a 
non-exclusive basis on fair, reasonable and non-discriminatory conditions. 

3.2.5.  Participants  in  the  same  Project  shall  enjoy  Access  Rights  to  Foreground  if  this  is 
needed for their own Use. Such Access Rights shall be granted on a non-transferable 
non-exclusive basis either royalty-free or on fair, reasonable and non-discriminatory 
conditions. 

3.2.6.  Subject to the agreement of all the owners concerned, Access Rights to Foreground 
for  the  purposes  of  pursuing  further  research  activities  shall  be  granted  to  a  third 
party on fair and reasonable conditions to be agreed.  

3.3. 

Protection, Use and Dissemination 

3.3.1.  Where  Foreground  is  capable  of  being  profitably  exploited,  its  owner  (i)  shall 
provide  for  its  appropriate  and  effective  protection,  having  due  regard  to  its 
legitimate  interests,  particularly  commercial  interests,  and  those  of  the  other 
participants in the Project concerned and (ii) shall use it or ensure that it is used. 

3.3.2.  Each  participant  shall  ensure  that  the  Foreground  of  which  it  has  ownership  is 

disseminated without undue delay. 

3.3.3.  All  dissemination  activities  shall  be  compatible  with  the  protection  of  intellectual 
property rights, confidentiality obligations, and the legitimate interest of the owners 
of the Foreground. 

3.3.4.  Prior  notice  of  any  dissemination  activity  regarding  Foreground,  Background  or 
confidential  information  owned  by  other  participants  in  the  same  Project  or  other 
data  or  information  that  is  amalgamated  with  such  other  participants  Foreground, 
Background  or  confidential  information,  shall  be  given  to  such  other  participants. 
Within 45 days following such notification, any of those participants may object in 
writing if its legitimate interests in relation to its Foreground or Background may be 
harmed by such dissemination. In such cases, the dissemination activity may not take 
place unless appropriate steps are taken to safeguard those legitimate interests. 

3.3.5.  All  publications,  patent  applications  filed  by  or  on  behalf  of  a  participant,  or  any 
other  dissemination  relating  to  Foreground  shall  include  a  statement  that  the 
Foreground  concerned  was  generated  with  financial  support  from  the  ARTEMIS 

EN 

43 

   EN 

 
Joint  Undertaking.  All  dissemination  activities  shall  be  compatible  with  the 
protection  of  intellectual  property  rights,  confidentiality  obligations,  and  the 
legitimate interest of the owners of the Foreground. 

3.4. 

Transfer 

3.4.1.  Where  a  participant  transfers  ownership  of  Foreground,  it  shall  pass  on  its 
obligations  regarding  such  Foreground  to  the  transferee  including  the  obligation  to 
pass  those  obligations  on  to  any  subsequent  transferee.  These  obligations  shall 
include those relating to the granting of Access Rights, and dissemination and use.  

3.4.2.  Subject  to  its  obligations  concerning  confidentiality,  where  a  Project  participant  is 
required  to  pass  on  its  obligations  to  provide  access  rights,  it  shall  give  at  least  45 
days  prior  notice  to  the  other  participants  of  the  envisaged  transfer33,  together  with 
sufficient  information  concerning  the  envisaged  new  owner  of  the  Foreground  to 
permit  the  other  participants  to  exercise  their  access  rights.  Following  notification, 
any  other  participant  may  object  within  30  days  or  within  a  different  time-limit 
agreed  in  writing,  to  any  envisaged  transfer  of  ownership  on  the  grounds  that  it 
would  adversely  affect  its  access  rights.  Where  any  of  the  other  participants 
demonstrate  that  their  access  rights  would  be  adversely  affected,  the  intended 
transfer  shall  not  take  place  until  agreement  has  been  reached  between  participants 
concerned. 

Article 25 – Agreement with the host State 

A host agreement shall be concluded between the ARTEMIS Joint Undertaking and the host 
State. 

Article 26 – Applicable law 

In any matter not covered by these Statutes or by acts of Community law, the law of the State 
where the seat of the ARTEMIS Joint Undertaking is located shall apply. 

33 

The participants may, by written agreement, agree on a different time-limit or waive their right to prior 
notice in the case of transfers of ownership from one participant to a specifically identified third party 

EN 

44 

   EN 

 
                                                 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Council  regulation  on  the  establishment  of  the  "ARTEMIS  Joint  Undertaking"  to 
implement a Joint Technology Initiative in Embedded Computing Systems.. 

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities: 

Research and Technological Development: 7th Framework Programme 

3. 

BUDGET LINES 

3.1. 

Budget lines including headings:  

09 04 01 10 "Research and Development activities of the ARTEMIS JTI "   

09 04 01 20 "Support expenditure for the ARTEMIS JTI " 

3.2. 

Duration of the action and of the financial impact: 

The ARTEMIS Joint Undertaking is expected to be established by means of 
a  Council  Regulation  in  autumn  2007  for  an  initial  period  up  to  31 
December 2017. 

3.3. 

Budgetary characteristics: 

Budget 
line 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

09.040110  

Non-comp 

Diff 

YES 

YES 

YES 

No [1A] 

09.040120 

Non-comp 

Non-diff 

YES 

YES 

YES 

No [1A] 

EN 

45 

   EN 

 
 
 
 
 
 
 
 
 
 
 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

Expenditure type 

Section 
No 

Year 
2007 

Year 
2008 

Year 
2009 

Year 
2010 

Year 
2011 

Year 
2012 
and 
later 

Total 

EUR million (to 3 decimal places) 

Operational expenditure34 

Commitment 
Appropriations (CA) 

8.1 

Payment  Appropriations 
(PA)35 

0 

0 

a 

b 

41 

53.5  63.5 

75.5  176.

410 

5 

12.4
5 

28.5  47.5

61.9  259.

410 

5 

6 

Administrative expenditure36 within reference amount37 

Technical 
& 
administrative  assistance 
(NDA) 

8.2.4 

c 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT38  

Commitment 
Appropriations 

Payment 
Appropriations 

a+c 

b+c 

0 

1.5 

2.0 

2.0 

1.5 

3 

10

0 

42.5 

55.5 

65.5 

77 

179.5 

420 

0 

13.95 

30.5 

49.55 

63.4 

262.6 

420 

Administrative expenditure not included in reference amount39 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

0.088  0.351 

0.351 

0.351 

0.351 

2.106 

3.598 

8.2.5 

d 

34 
35 

36 
37 
38 

39 

Expenditure 09 04 01 10 "Research and Development activities of the ARTEMIS JTI ". 
Payment appropriations are calculated on the basis of average duration of projects (2,5 years) and 
payments over 4 years of which 30% in Y1 (advance payment), 10% in Y4, and 30% in Y2 and 
Y3 
Expenditure to cover the running costs of the JTI. 
Expenditure 09 04 01 20 "Support expenditure for the ARTEMIS JTI ". 
The  reference  amount is  the  amount of  the Commission  financial contribution to the ARTEMIS 
Joint Undertaking as stated in the legal instrument (€420 million). 
The reference amount does not include the administrative expenditure from the Research budget 
that is not transferred to the ARTEMIS Joint Undertaking. 

EN 

46 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
 
 
 
 
                                                 
Administrative  costs,  other 
than  human  resources  and 
not 
associated 
included in reference amount 
(NDA) 

costs, 

8.2.6 

e 

0.005  0.017 

0.017 

0.037 

0.037 

0.222 

0.335 

Total indicative financial cost of action … 

TOTAL  CA 
cost 
Resources 

of 

including 
Human 

TOTAL  PA 
cost 
Resources 

of 

including 
Human 

Co-financing details 

a+c
+d+
e 

b+c
+d+
e 

42.88
6 

55.86
8 

65.88
8 

77.38
8 

181.8
28 

0.093 

423.933 

14.31
8 

30.86
8 

49.93
8 

63.78
8 

264.9
28 

0.093 

423.933

ARTEMISIA (association representing industrial and other R&D actors) will contribute 
to  the  running40  (non-R&D)  costs  of  the  Joint  Undertaking  up  to  €20m  or  1%  of  the 
overall costs of R&D whichever figure is higher, but not exceeding €30m. For the table 
below  it  is  considered  that  these  overall  costs  will  amount  to  €2 733.333m.  The 
Community contribution to the running costs will be up to €10m (see 8.2.4). 

EUR million (to 3 decimal places) 

Co-financing body 

Year 
2007 

Year 
2008 

Year 
2009 

Year 
2010 

Year 
2011 

Year 
2012 
and 
later 

ARTEMISIA………… 

f 

0.2 

1.5 

2.5 

4.5 

5 

13.633 

TOTAL  CA  including 
co-financing 

a+c+d+
e+f 

0.293 

44.36
8 

58.36
8 

70.38
8 

82.38
8 

195.461 

Total 

27.33
3 

451.2
66 

Additionally, Member States of the Joint Undertaking will at national level make annual 
commitments of funds to be spent in R&D projects launched by the Joint Undertaking; 
these  additional  resources  are  estimated  to  be  at  least  1.8  times  the  operational 
expenditure stated in section 4.1.1, i.e. at least €738 million for the duration of the Joint 
Undertaking. 

The organisations participating in R&D projects selected through the Calls for proposals 
launched by the Joint Undertaking will contribute to these projects in kind; the value of 
these contributions will be assessed and is expected to amount to about €1 600 m. 

40 

Running  costs  are  the  costs  necessary  for  the  functioning  of  the  ARTEMIS  Joint  Undertaking, 
excluding the funding of R&D Projects launched following Calls for proposals. 

EN 

47 

   EN 

 
 
 
 
 
 
 
 
 
 
                                                 
4.1.2.  Compatibility with Financial Programming 

x 

Proposal is compatible with existing financial programming. 

4.1.3.  Financial impact on Revenue 

x 

Proposal has no financial implications on revenue 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – 
see detail under point 8.2.1. 

Annual requirements 

Year 
2007 

Year 
2008 

Year 
2009 

Year 
2010 

Year 
2011 

Year 2012 
and later 
(average) 

number 
Total 
human resources 

of 

0.75 

13 

17 

24 

24 

19.5 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term  

Setting-up  of  the  ARTEMIS  Joint  Undertaking  as  a  public-private 
partnership, and Community contribution to its resources. 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal 
with other financial instruments and possible synergy  

The  ARTEMIS  Joint  Undertaking  will  operate  an  integrated  R&D 
programme  to  pursue  key  technological  and  industrial  objectives.  The 
added value is significant because: 

•  It  will  create  a  new  legal  framework  where  Community  and  national  funds 
can be combined for co-financing R&D projects with the private sector. This 
is a significant institutional innovation since such co-financing is impossible 
in the current state of affairs. 

•  It will align national and Community budgets along common R&D objectives 
and  will  allocate  these  budgets  according  to  common  European-level 
procedures.  This  will  be  a  major  advancement  to  the  European  Research 
Area. 

EN 

48 

   EN 

 
 
 
 
 
 
 
 
 
 
 
•  The  proposed  set-up  will  significantly  boost  the  effectiveness  of  European 
R&D  compared  to  current  intergovernmental  process  for  financing  projects 
from different national sources (e.g. in Eureka). 

•  Finally, it will create incentives for the private and public sectors to increase 
their investments in R&D, thereby advancing towards the Barcelona objective 
of 3% of European GDP investment in RTD. 

The Community's operational expenditure envisaged for this purpose is a small 
fraction of the overall budget of the Seventh Framework Programme (420:50521 
= 0.83%) and of the ICT theme therein (4.6%). 

5.3. 

Objectives,  expected  results  and  related  indicators  of  the  proposal  in  the 
context of the ABM framework 

The  implementation  of  a  Joint  Technology  Initiative  (JTI)  in  this  area 
already figures in the Seventh Framework Programme for RTD and in its 
"Cooperation"  Specific  Programme. 
the  Council 
(competitiveness)  has  repeatedly  acknowledged  the  potential  of  the  JTI 
concept41  and  recently  has  invited  the  Commission  to  make  proposals  for 
the  setting  up  of  Joint  Technology  Initiatives  that  have  reached  an 
preparedness"42. 
appropriate 

addition, 

stage 

In 

of 

Policy objectives that are linked to this operational objective are: 

(1) 

(2) 

To create the legal basis that will allow, for the first time, national, EU 
and private investment to be combined within a coherent framework. 

To  ramp  up  R&D  investment  in  Europe  by  providing  incentives  for 
Member  States  and  industry to increase  their  R&D  expenditure.  This is 
one  of  the  key  points  in  the  Commission's  Annual  Policy  Strategy  for 
200643  and  responds  to the  3%  Action  Plans  and  related conclusions  of 
the European Councils and Council meetings (competitiveness)44. 

The  achievement  of  the  technological  and  economic  objectives  of  the  JTI  will 
contribute to enhance the competitiveness of European industry and significant 
economic  and  social  benefits  will  be  obtained.  These  objectives  are  therefore 
fully consistent with the revised Lisbon strategy for growth and jobs. 

Moreover, the present legislative proposals contribute to Action 7 of the i2010 
strategic initiative. Work to set up the ARTEMIS Joint Undertaking was covered 

41 
42 
43 
44 

9039/03, 12339/03, 12487/04 
15717/06, 7224/07 
COM(2005) 73 final. 
9039/03, 12339/03, 12487/04. 

EN 

49 

   EN 

 
 
 
 
                                                 
by  the  AMP  of  DG  INFSO  under  Objectives  8  and  10  (ABB  Activity  code 
0904). 

Concerning  the  inputs  and  the  expected  outputs,  results  and  impacts,  the 
following details are given: 

The inputs by the Commission are the resources listed in section 4.1. 

The outputs are R&D projects launched by the Joint Undertaking.  

The following results are expected: 

•  Leveraging  resources  and 

integrating  national  efforts.  By  providing 
incentives to industry and Member States, additional national support will be 
attracted and greater industry funding will be leveraged. 

Indicators:  (i)  number  of  countries  that  commit  funding  to  the  Joint 
Undertaking; (ii) commitments and payments according to the provisions of 
section 4.1.1; (iii) national funding committed and spent on projects selected 
by  the  Joint  Undertaking;  (iv)  resources  invested  by  industry  in  R&D  work 
under projects selected by the Joint Undertaking. 

•  Focusing  on  common  R&D  agendas  more  effectively  than  is  currently 

possible.   

Indicators:  this  result  will  be  achieved  de  facto  when  the  Joint  Undertaking 
becomes fully operational. 

•  High programme efficiency by removing uncertainty as to the availability of 
national budgets, getting rid of the duplication of evaluation and monitoring 
procedures.  These  benefits  should  lead  to  a  programme  that  is  popular  and 
attractive to a broader variety of R&D actors, especially SMEs. 

Indicators:  (v)  time  interval  between  proposal  submission  and  project 
selection  decision  by  the  Joint  Undertaking;  (vi)  number  of  organisations, 
including SMEs participating in Calls for proposals; (vii) overhead costs for 
operating the programme. 

•  Significant economic and social benefits will be gained to the extent that the 
R&D projects launched by the Joint Undertaking make progress in achieving 
its  technological  and  economic  objectives.  This  progress  will  be  subject  to 
periodic independent evaluation. 

Indicators:  (viii)  patents  filed  resulting  from  projects;  (ix)  number  of 
publications resulting from projects. 

EN 

50 

   EN 

 
 
 
 
 
 
 
 
5.4.  Method of Implementation (indicative) 

…Centralised Management 

Directly by the Commission 

Indirectly by delegation to: 

Executive Agencies 

X 

Bodies set up by the Communities as referred to in Art. 185 of 
the Financial Regulation 

National  public-sector  bodies/bodies  with  public-service 
mission 

…Joint management with international organisations (please specify) 

Relevant  comments:  the  ARTEMIS  Joint  Technology  Initiative  will  be  a 
Community body, established by Council Regulation on the basis of Article 171 
of the EC Treaty. Its members are ARTEMISIA, the European Commission and 
Member  States.  Member  States  can  undertake  some  administrative  tasks,  for 
example, financial and legal verifications and audits of participants in the R&D 
projects. 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

The Joint Undertaking will be monitored as provided in its Statutes. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

See the impact assessment attached to this proposal. 

6.2.2.  Measures  taken  following  an  intermediate/ex-post  evaluation  (lessons  learned 

from similar experiences in the past) 

Not applicable 

6.2.3.  Terms and frequency of future evaluation 

Independent evaluations are provided for the Statutes (two interim by 2010 and 
2015 and one ex-post by March 2018). 

EN 

51 

   EN 

 
 
 
 
 
7. 

ANTI-FRAUD MEASURES  

The  ARTEMIS  Joint  Undertaking  shall  adopt  a  Financial  Regulation  based  on  the 
principles  of  the  Framework  Financial  Regulation45,  departing  from  the  Framework 
Financial  Regulation  where  the  specific  operating  needs  of  the  ARTEMIS  Joint 
Undertaking  so  require  and  subject  to  prior  consultation  with  the  Commission. 
Furthermore,  Article  13 of  the  Council  Regulation  stipulates  specific  provisions  for  the 
protection  of  the  financial  interests  of  the  Members  of  the  Joint  Undertaking  and  anti-
fraud measures. 

45 

Commission  Regulation  (EC,  Euratom)  No2343/2002  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  budget  of  the  European 
Communities, OJ L 357, 31.12.2002 p. 72; corrigendum in OJ L 2, 7.1.2003, p. 39 

EN 

52 

   EN 

 
                                                 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

Type of output 

Av. 
cost 

Year 
2008 

Year 
2009 

Year 
2010 

Year 
2011 

Year 
2012 

Year 2013 and 
later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

Commitment appropriations in EUR million (to 3 decimal places) 

(Headings  of  objectives, 
actions and outputs  should 
be provided) 

OPERATIONAL 
OBJECTIVE46  -  Setting  up 
Joint 
the 
ARTEMIS 
and 
Undertaking 
implementing  its  Research 
Agenda 

Action 1 -  

- Output 1 (*) 

projects 

TOTAL COST 

1.5 

1.5 

0 

0 

27.667 

41.5 

35.667 

53.5 

42.333 

63.5 

50.333 

75,5 

117.333 

176 

273.333 

410 

27.667 

41.5 

35.667 

53.5 

42.333 

63.5 

50.333 

75,5 

117.333 

176 

273.333 

410 

(*) assuming an average total cost per project of €10m, of which 15% is borne by the ARTEMIS Joint Undertaking. 

46 

As described in section 5.3. 

EN 

53 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of 
post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

Year 2007  Year 2008  Year 2009  Year 2010  Year 2011 

Officials 
or 
temporary 
staff47  

A*/AD 

0.5 

B*, 
C*/AST 

0.25 

Staff  financed48  by 
art. XX 01 02 

Other  staff49  (09  04 
01 20) 

0 

0 

TOTAL 

0.75 

2 

1 

0 

10 

13 

2 

1 

0 

14 

17 

2 

1 

0 

21 

24 

2 

1 

0 

21 

24 

Year 2012 
and later 
(average) 

2 

1 

0 

16.5 

19.5 

8.2.2.  Description  of  tasks  deriving  from  the  action:  Representing  the  Commission  in  the 
bodies of the Joint Undertaking, including the associated preparatory and follow-up 
work.  This  includes:  (a)  representation  in  the  Governing  Board  (Director  level, 
10%);  (b)  representation  in  Public  Authorities  Board  (HoU  level,  20%);  (c) 
preparation  of  meetings,  Calls,  project  selection,  attendance  at  evaluations,  etc.  (2 
AD  level  staff,  75%  of  time  each);  (d)  auditing,  including  on-the-spot  checks  and 
verifications  (1  AD,  20%).The  "Other  staff"  will  be  hired  by  the  ARTEMIS  Joint 
Undertaking. 

8.2.3. 

Sources of human resources (statutory) 

X 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment): 2 AD and 1 AST. 

47 
48 
49 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included within the reference amount and the contribution from ARTEMISIA. 

EN 

54 

   EN 

 
 
 
 
                                                 
8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (09  04  01  20  "Support 

expenditure for the ARTEMIS JTI "):  

Budget line 

(number and heading) 

Year 
2007 

Year 
2008 

Year 
2009 

Year 
2010 

Year 
2011 

Year 
2012  

and later 

TOTAL 

EUR million (to 3 decimal places) 

1  Technical  and  administrative 
assistance (including related staff 
costs) 

ARTEMIS Joint Undertaking(*) 

Total 
administrative assistance 

Technical 

and 

0 

0 

1.5 

1.5 

2.0 

2.0 

2.0 

2.0 

1.5 

1.5 

3 

3 

10 

10 

(*)The running costs of the Joint Undertaking will be co-financed by ARTEMISIA (see co-
financing table above) and a Community contribution of up to €10m for the duration of the 
JU. The indicative costs in this table correspond only to the Community contribution. 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount:  

Type of human resources 

Year 
2007 

Year 
2008 

Year 
2009 

Year 
2010 

Year 
2011 

Year 
2012 and 
later 

Officials and temporary staff 

0.088 

0.351 

0.351 

0.351 

0.351 

2.106 

EUR million (to 3 decimal places) 

Staff  financed  by  Art  XX  01  02 
(auxiliary, END, contract staff, etc.) 

0 

0 

0 

0 

0 

0 

(specify budget line) 

Total cost of Human Resources 
and associated costs (NOT in 
reference amount) 

0.088 

0.351 

0.351 

0.351 

0.351 

2.106 

Calculation– Officials and temporary agents 

The human resources indicated in section 8.2.1 are used with an average cost of €117 000 per 
post FTE. 

Calculation– Staff financed under Art XX 01 02 

8.2.6.  Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

Year  Year  Year  Year  Year  TOTAL 

EN 

55 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
2008 

2009 

2010 

2011 

Year 
2007 

2012
and 
later 

 – Missions 

0.005  0.017 

0.017 

0.017 

0.017 

0.102 

0.175 

– Meetings & Conferences 

– Committees50  

– Studies & consultations 

- Information systems 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0.020 

0.020 

0.12 

0.16 

0 

0 

0 

0 

2 Total Other Management Expenditure  0.005  0.017 

0.017 

0.037 

0.037 

0.222 

0.335 

3 

Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

Total Administrative expenditure, other 
than human resources and associated 
costs (NOT included in reference 
amount) 

0.005  0.017 

0.017 

0.037 

0.037 

0.222 

0.335 

Calculation - Other administrative expenditure not included in reference amount 

Missions: 

It  is  assumed  that  half  of  the  meetings  will  be  held  in  Brussels.  The  total  shown  above  is 
based on €1 300 per mission and: 1 mission per year for 2 officials to attend Governing Board 
meetings, 3 missions per year by 1 official to attend meetings of other committees created by 
the  Governing  Board,  3  missions  per  year  by  2  officials  to  attend  Public  Authorities  Board 
meetings, and 2 missions per year for other reasons.  

Studies and consultations: One independent consultation is planned per year after the third 
year in order to obtain feedback on the operation of the scheme from the research community. 

50 

Specify the type of committee and the group to which it belongs. 

EN 

56 

   EN