Proposal for a Council Regulation Setting up the "ENIAC Joint Undertaking" {SEC(2007) 851} {SEC(2007) 852}
Date: 2007-06-22
Institutions: European Commission
Subjects: EU programme, EU research policy, joint venture, nanotechnology, new technology, public-private partnership

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.6.2007 
COM(2007) 356 final 

2007/0122 (CNS) 

Proposal for a 

COUNCIL REGULATION 

Setting up the "ENIAC Joint Undertaking" 

(presented by the Commission) 

{SEC(2007) 851} 
{SEC(2007) 852} 

EN 

   EN 

 
 
 
  
 
 
EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

Nanoelectronics is a strategic technology for Europe that will have a major impact on 
industrial  competitiveness  and  growth.  Nanoelectronics  underpins 
the  future 
development  of  major  high-tech  manufacturing  sectors  which  are  key  to  the  EU’s 
industrial strength and which account for R&D investment of around €20bn per year. 
They are significant drivers of innovation and growth and are crucial to the EU’s future 
competitiveness  and  societal  development.  The  mean  value  of  electronic  components 
in  innovative  products  is  growing,  adding  extra  functionality  and  intelligence  to 
products. The EU faces risks of a steady loss of competitiveness in nanoelectronics as a 
result  of  a  fragmentation  of  its  research  efforts,  increasing  technological  complexity, 
and  competitive  pressures  from  other  world  regions.  At  risk  are  not  just  short  term 
opportunities for new products and services but loss of the ability to innovate in those 
sectors  with  the  greatest  potential  for  value  creation  and  growth  in  the  long-term. 
Investment  in  research  is  also  necessary  to  meet  the  technological  challenges  and  to 
nurture and retain the best researchers. 

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  nanoelectronics  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 
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  nanoelectronics  (ENIAC  JTI).  The 
ENIAC JTI aims to create a single, Europe-wide R&D programme that will help EU 
industry achieving world leadership in nanoelectronics. 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. 

1 

OJ L 412, 30.12.2006, p.1 

EN 

2 

   EN 

 
                                                 
•  General context 

The  market  size  of  the  nanoelectronics  business  chain  (that  is  the  manufacturers,  but 
also a large set of related industries such as the equipment and material suppliers, the 
designers,  etc.)  represents  currently  nearly  1%  of  the  world  wide  GDP  with  a  strong 
annual average growth rate (around 15%). However, the industries it affects (such as 
telecommunications, consumer products and education, multimedia services, transport, 
healthcare,  security/safety,  environment)  count  for  an  overall  weight  that  is  several 
times higher (estimated at ~5000 billion €). An effective initiative at EU level will have 
therefore  an  impact  of  significant  size  due  to  the  leveraging  effect  of  this  enabling 
technology.  The  nanoelectronics  sector  is  also  a  significant  generator  of  highly 
qualified jobs and a contributor to sustainable development. 

Europe  has  world  leading  capabilities,  but  is  under  threat  from  Asia  and  the  USA  if 
production  expansion  to  develop  future  generations  of  integrated  circuits  is  not 
addressed with significant investment. 

In the last 10 years, European research programmes and Eureka have supported large 
efforts to help bring micro/nanoelectronics research and manufacturing in Europe on a 
par with the competitors world wide. Given the high costs involved and the scarcity of 
resources  available,  a  coordinated  approach  among  the  various  actors  will  enable 
European industries to remain at the forefront. It is important that the best synergies in 
terms  of  scientific  objectives  and  funding  priorities  be  established  at  European  R&D 
level to meet effectively the future goals of industrial exploitation and greatest benefit 
for the citizens. 

•  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.  It  reflects  a  consensus  that  to  equip  itself  as  a  competitive  and  dynamic 
knowledge-based economy Europe must redouble its efforts to increase and get better 
returns  from  its  R&D  investments.  In  particular  there  is  a  need  for  greater  strategic 
focus, for assembling a critical mass of research in key areas, for better coordination in 
research, 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  ENIAC 
JTI in key application areas will also indirectly contribute to other EU policies such as 
the  environment 
(safety),  energy 
(management and control), health care (methodologies and instruments). 

(monitoring  and  management), 

transport 

The  ENIAC  JTI  will  address  any  potential  public  health,  safety,  environmental  and 
consumer  risks  upfront  in  accordance  with  Community  policies  in  these  areas. 
Specifically,  the  European  Action  “Nanosciences  and  nanotechnologies:  An  action 
plan  for  Europe  2005-2009”  (COM(2005)  243)  and  the  work  of  the  Scientific 
Committee  on  Emerging  and  Newly  Identified  Health  Risks  (SCENHIR)  provide  the 

EN 

3 

   EN 

 
framework within which the ENIAC JTI will operate. 

The  ENIAC  Joint  Undertaking  is  responsible  for  managing  a  research,  development 
and innovation programme of European interest, which shall be considered as a Project 
of common European interest in the sense of Article 87(3)(b) of the Treaty. 

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 

Extensive  consultations  by  the  Commission  took  place  with  stakeholders  in  the 
nanoelectronics domain following the creation of the ENIAC Technology Platform in 
June  2004  and  its  several  working  groups,  and  with  the  national  public  authorities 
represented  in  the  "Mirror  Group"  gathering  representatives  from  21  Member  States 
and  Associated  Countries.  Those  groups  met  regularly  over  the  last  2  years.  The 
relevant topics for  this  Joint Undertaking such as the Strategic Research Agenda,  the 
governance  and  operational  aspects  have  been  publicly  presented  and  discussed  in 
major events such as the 6-monthly ENIAC Forum meetings, the Information Society 
Technologies Conference IST-2006 (Helsinki) and the public presentations of the SRA 
in September 2005 and 2006. An independent consultant was involved in several ad-
hoc  meetings  with  the  stakeholders  in  order  to  assess  the  potential  impact  of  the 
initiative, mainly in terms of policy objectives and efficiency gains. 

For  economic  analyses,  the  consultation  has  drawn  primarily  on  market  data,  in 
particular through a study that provided a detailed picture of the effectiveness of R&D 
to  increase  the  competitiveness  of  European  industry  in  the  sector  of  nanoelectronics 
with respect to world wide trends and programmes, published in December 2005. An 
independent  consultant  was  tasked  to  derive  the  potential  economic  impact  of  the 
initiative in December 2006. 

Summary of responses and how they have been taken into account 

The  continuous  involvement  of  the  various  players  in  the  elaboration  process  of  the 
initiative  meant  that  the  specimen  quotations  could  be  validated  and  comments  and 
suggestions could be gathered along the way and taken into account when drawing up 
the proposal. 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

Experts  in  nanoelectronics  R&D  were  involved  in  drafting  the  Strategic  Research 
Agenda. 

Methodology used 

EN 

4 

   EN 

 
The  experts  met  in  dedicated  workshops  and  presented  their  work  in  public 
conferences. 

Main organisations/experts consulted 

The  main  European  semiconductor  companies  and  their  suppliers  and  users  were 
consulted, as well as the leading-edge independent research organisations in Europe. 

Summary of advice received and used 

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

•  Impact assessment 

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

Its main findings are that the ENIAC JTI will allow to (a)share the increasing costs of 
the  R&D  activities  and  infrastructures  in  order  to  maintain  Europe  in  line  with  the 
international  competition,  (b)take  the  leadership  in  diversifying  applications  of 
semiconductor  technologies  and  applying  them  to  alternative  innovative  markets, 
(c)manage  breakthroughs  in  electronic  design,  in  order  to  fill  the  ever-widening  gap 
between  what  is  achievable  in  technologies  and  what  can  economically  be  designed 
and tested, and (d)provide European SMEs with effective and efficient tools to support 
them  in  their  innovation  process.  The  JTI  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 ENIAC JTI will be allocated 
through common European procedures and work plans, achieving a similar impact to 
EU-level disbursements and one that is much higher than in the baseline option. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The proposal consists of a Council regulation on the establishment of the ENIAC Joint 
Undertaking. 

•  Legal basis 

The legal basis of the proposal is Article 171 of the Treaty establishing the European 
Community. The Joint Undertaking will be a Community body and the implementation 

2 

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, 
7.12003, p. 39. 

EN 

5 

   EN 

 
                                                 
of  its  budget  is  therefore  subject  to  discharge  by  the  European  Parliament2,  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  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Community. 

The  objectives  of  the  proposal  cannot  be  sufficiently  achieved  by  the  Member  States 
for the following reason(s). 

In front of the major challenges facing the European industry and economy, Europe's 
research  landscape  is  fragmented  and  unable  to  supply  a  convincing  response.  At 
national  level,  many  funding  programmes  co-exist.  In  some  countries  the  relevant 
nanoelectronics  research  activities  are  spread  over  several  (sometimes  disconnected) 
programmes,  and  for  some  others  it  is  not  possible  to  identify  whether  there  are 
relevant activities in the area. Several countries provide additional funding through the 
Eureka inter-governmental scheme. 

The  current  fragmented  situation  in  Europe  is  ineffective  and  inefficient.  Without  a 
focused  and  coherent  programme,  European  efforts  in  nanoelectronics  research  will 
continue in a scattered and unstructured manner. Progress will be held back by lack of 
coordination  of  industrial  R&D  objectives,  duplication  of  effort,  unnecessary 
bureaucracy, and suboptimal use of limited research funding. 

Therefore, action by individual Member States is not ideal to meet the huge challenges 
of the nanoelectronics sector. No single existing mechanism will indeed be able in the 
coming years to gather all the necessary expertise and financial means to take a leader 
position  in  the  world  wide  competitive  race.  A  strong  public-private  partnership  is 
required  to  leverage  the  indispensable  financial  and  technical  means  to  master  the 
complexity of the ever escalating pace of innovation in this sector. 

Community action will better achieve the objectives of the proposal for the following 
reason(s). 

Building  critical  mass,  through  involvement  in  an  initiative  with  strong  contributions 
from  industry  and  the  Member  States.  The  JTI  is  expected  to  become  a  centre  of 
gravity for Europe and a pole for external interactions. 

Mobilising resources, through significant leveraging of EU resources against national 
and industry funds. 

Testing a novel instrument for industrial research that is capable of making a concrete 
contribution  to  the  Lisbon  strategy  and  to  the  Barcelona  objectives  by  having 
Community,  national  and  private  funds  work  in  synergy.  If  successful,  this  novel 
instrument  is  expected  to  be  put  into  use  in  other  domains  requiring  a  public-private 
partnership. 

"Communautarisation"  of  part  of  nationally-funded  research,  making  thus  a  strong 
contribution to the development of the European Research Area. 

EN 

6 

   EN 

 
Risk  minimisation,  with  the  EU  retaining  control  of  its  contribution  in  a  way  that 
ensures minimal financial risk. 

Cost-effective implementation, with the JTI having a light administrative infrastructure 
paid for by industry, retaining just the decision-making and financial capabilities. 

Focusing  effect:  to  focus  R&D  agendas  more  effectively  than  the  current  dispersed 
national  programmes  and  bottom-up  Eureka  clusters.  The  proposal  will  help  build  a 
European Research Area (ERA) in nanoelectronics. 

Greater flexibility: to provide a mechanism to mobilise Member States that are ready to 
act towards common goals in a flexible way according to their available resources and 
promptly adapting to the rapidly evolving needs of the area, so helping to build critical 
mass for nanoelectronics research in Europe. 

Integration of national efforts: to pursue objectives that have been defined at European 
level  within  the  SRA  of  the  relevant  Technology  Platform,  and  to  carry  out  project 
selection  according  to  a  common,  single  European  process  and  according  to  criteria 
published in advance. 

Leveraging  effect:  to  provide  incentives  to  industry  and  Member  States,  attracting 
additional national support and leveraging greater industry funding. This will directly 
contribute to the Barcelona objectives. 

Programme  efficiency:  to  combine  the  strengths  of  transnational  (Eureka)  and 
European  programmes  while  overcoming  their  weaknesses.  In  particular,  to  avoid 
uncertainty in national budgets (compared to Eureka) and the duplication of evaluation 
and  monitoring  procedures.  The  adoption  of  common  procedures  should  allow  a 
shorter time-to-contract while avoiding additional red tape for participants. 

Economic  efficiency:  to  reduce  the  time-to-project,  allowing  industry  to  execute 
projects  more  quickly  and  hence  accelerate  the  time-to-market  for  research  results. 
Faster  product  development,  fewer  lost  market  opportunities  and  higher  productivity 
can  bring  huge  benefits  for  companies  in  a  situation  where  windows  for  action  are 
shrinking. 

impact: 

to  achieve 

Economic 
in 
nanoelectronics);  simpler  and  more  efficient  procedures  (lower  overheads  for 
participants  and  greater  concentration  of  research  resources);  and  shorter  time  to 
contract (improved competitiveness and growth in jobs). 

technological  objectives 

(leadership 

the 

Safe,  integrated  and  responsible  approach:  Bringing  all  stakeholders  together  will 
reinforce  that  developments  will  address  any  potential  public  health,  safety, 
environmental and consumer risks upfront.  

The ENIAC JTI will permit the alignment of hundreds of millions of national funds to 
the commonly agreed SRA and to the Commission's own strategy. It will also provide 
the  Commission  with  a  strong  voice  on  how  and  where  these  national  moneys  are 
spent, a role that it does not currently have. The work that will be undertaken under the 
JTI should not be considered as a transfer of Eureka activities under a new umbrella. It 
is  rather  a  full  partnership  of  all  stakeholders  (EC,  Member  States  and 

EN 

7 

   EN 

 
industry/research)  that  is  geared  towards  progressively  achieving  true  European-level 
integration, while at the same time exercising a new way of governance promising less 
red tape. 

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 
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 an undertaking in which the Community participates requires a Council 
regulation. 

4)  BUDGETARY IMPLICATION 

The budgetary assessment indicates maximum Community expenditure of €450m over 
the initial period of the ENIAC Joint Undertaking (up to 2017), which would need to 

EN 

8 

   EN 

 
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  provides  for  simplification  of  administrative  procedures  for  public 
authorities  (EU  or  national),  simplification  of  administrative  procedures  for  private 
parties. 

Compared  to  the  current  transnational  funding  arrangements  under  Eureka,  the 
procedures of the Joint Undertaking will: 

Remove 

o 
commitments under the Regulation. 

the  budgetary  uncertainty, 

through  binding  Member  States 

Remove  duplication 

o 
procedures are applied at national level. 

in  evaluation/monitoring,  where  currently  different 

o 

o 

Enable shorter time-to-contract. 

Remove unnecessary red-tape for participants. 

These simplifications will impact on research stakeholders in the following ways: 

Applicants' time and costs in preparing proposals will be reduced significantly 

o 
compared to the current application arrangements under Eureka.  

In  addition,  a  proportion  of  proposals  collapse  through  not  getting  national 

o 
funding and are lost. This would be avoided under the JTI scheme.  

o 
Further  savings  can  be  expected  through  the  streamlined  reporting  procedures 
that will apply during project execution. Under the JTI, projects will adhere to a single 
procedure rather than the different national procedures which apply under Eureka. 

EN 

9 

   EN 

 
2007/0122(CNS) 

Proposal for a 

COUNCIL REGULATION 

Setting up the "ENIAC Joint Undertaking" 

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 Commission3, 

Having regard to the opinion of the European Parliament4, 

Having regard to the opinion of the European Economic and Social Committee5, 

Whereas: 

(1) 

(2) 

Decision  No  1982/2006/EC  of  the  European  Parliament  and  of  the  Council  of  18 
December  2006  concerning  the  Seventh  Framework  Programme  of  the  European 
Community  for  research,  technological  development  and  demonstration  activities 
(2007-2013)6,  hereinafter  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  (hereinafter  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  2006  concerning  the  specific 
programme  "Cooperation"  implementing  the  Seventh  Framework  Programme  of  the 
European  Community  for  research,  technological  development  and  demonstration 
activities (2007-2013)7 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. 

(3) 

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. 

3 
4 
5 
6 
7 

OJ […],[…], […], 
OJ […],[…], […], 
OJ […],[…], […], 
OJ L 412, 30.12.2006, p.1. 
OJ L 400, 30.12.2006, p.86 and OJ L 54, 22.02.2007, p.30. 

EN 

10 

   EN 

 
                                                 
(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

In  its  conclusions  of  25  and  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  taking  into  account  their  important  contribution  to 
Research and Development (hereinafter R&D). 

European  companies  and  other  R&D  organisations  active 
the  field  of 
Nanoelectronics  took  the  lead  in  establishing  the  European  Technology  Platform  on 
Nanoelectronics  (hereinafter  the  ENIAC  Technology  Platform)  under  the  Sixth 
Framework  Programme.  The  ENIAC  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 
Nanoelectronics domain and recommended directions for a JTI in this field. 

in 

The JTI on Nanoelectronics responds to the Commission Communications of 6 April 
2005  on  “Building  the  ERA  of  knowledge  for  growth”8  and  of  20  July  2005  on 
“Common  Actions 
for  Growth  and  Employment:  The  Community  Lisbon 
Programme"9,  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. 

The JTI on Nanoelectronics 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  ENIAC  Joint  Technology 
model  for  combining  national  and  Community  funding  within  a  clear  legal  structure 
and in a harmonised and synchronous manner. 

The JTI on Nanoelectronics should create a sustainable public-private partnership and 
increase and leverage private and public investment in the sector of nanoelectronics in 
Europe,  which  for  the  purpose  of  this  Regulation  includes  the  Members  States  and 
Countries  associated  with  the  Seventh  Framework  Programme.  The  JTI  on 
Nanoelectronics  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, 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. 

The  JTI  on  Nanoelectronics  should  define  a  commonly  agreed  research  agenda 
(hereinafter  the  Research  Agenda),  closely  following  the  recommendations  of  the 
Strategic  Research  Agenda  developed  by  the  ENIAC  Technology  Platform.  This 
Research  Agenda  should  identify  and  regularly  review  research  priorities  for  the 
development  and  adoption  of  key  competences  for  Nanoelectronics  across  different 
application  areas  in  order  to  strengthen  European  competitiveness  and  allow  the 
emergence of new markets and societal applications. 

8 
9 

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

EN 

11 

   EN 

 
                                                 
(10)  The JTI on Nanoelectronics should address two objectives which are a substantial part 
of the Strategic Research Agenda of the ENIAC Technology Platform: enhancing the 
further integration and miniaturisation of devices, and increasing their functionalities. 
It  should  deliver  new  materials,  equipment  and  processes,  new  architectures, 
innovative  manufacturing  processes,  disruptive  design  methodologies  and  new 
packaging  and  'systemizing'  methods.  It  should  drive  and  be  driven  by  innovative 
high-tech applications in the area of communication and computing, transport, health 
care  and  wellness,  energy  and  environmental  management,  security  and  safety,  and 
entertainment. 

(11)  The  ambition  and  scope  of  the  stated  objectives  of  the  JTI  on  Nanoelectronics,  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 the “ENIAC Joint Undertaking”) under Article 171 of the Treaty as a legal 
entity responsible for the implementation of the JTI on Nanoelectronics. To ensure the 
appropriate  management  of  R&D  activities  initiated  under  the  Seventh  Framework 
Programme, the ENIAC Joint Undertaking should be set up for a period ending on 31 
December 2017, which may be extended. 

(12)  The  ENIAC  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 
Parliament10,  on  the  recommendation  of  the  Council.  However,  account  should  be 
taken  of  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  ENIAC  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  sectors11,  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 
contracts12. 

(14)  The  objectives  of  the  ENIAC  Joint  Undertaking  should  be  pursued  by  pooling 
resources from the public and private sectors to support R&D activities in the form of 
projects.  To  that  end,  the  ENIAC  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)  The  ENIAC  Joint  Undertaking  will  ensure  and  promote  a  safe,  integrated,  and 
responsible approach to nanoelectronics keeping with the high safety standards already 

10 

11 
12 

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 

12 

   EN 

 
                                                 
established  in  the  nanoelectronics  industry  and  in  accordance  with  public  health, 
safety, environmental and consumer Community policies13,14 and the European Action 
“Nanosciences and nanotechnologies: An action plan for Europe 2005-2009”15.  

(16)  The  founding  members  of  the  ENIAC  Joint  Undertaking  should  be  the  European 
Community,  […Member  States…],  and  AENEAS,  an  association  representing 
companies  and  other  R&D  organisations  active  in  the  field  of  Nanoelectronics  in 
Europe. The ENIAC Joint Undertaking should be open to new members. 

(17)  The rules for the organisation and operation of the ENIAC Joint Undertaking should 

be laid down in the Statutes of the ENIAC Joint Undertaking. 

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

(19)  The R&D activities should be partially supported by the Community's contribution to 

the ENIAC Joint Undertaking.  

(20)  Public  funding  for  the  R&D  activities  following  competitive  calls  for  proposals 
published  by  the  ENIAC  Joint  Undertaking  should  consist  of  national  financial 
contributions  from  the  ENIAC  Member  States  and  a  financial  contribution  from  the 
ENIAC Joint Undertaking. The financial contribution of the ENIAC 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. 

(21)  Over  the  duration  of  the  ENIAC  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.  

(22)  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 ENIAC Joint Undertaking. 

(23) 

In  view  of  the  fact  that  the  ENIAC  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  ENIAC 
Joint Undertaking and its staff. 

(24)  As  a  body  endowed  with  legal  personality,  the  ENIAC  Joint  Undertaking  should  be 
accountable  for  its  actions.  Where  relevant,  the  Court  of  Justice  of  the  European 

13 

14 

15 

Treaty Articles 152 and 153 respectively require that a “high level of human health protection […] be 
ensured  in  the  definition  and  implementation  of  all  Community  policies  and  activities”  and  that 
“consumer  protection  requirements  […]  be  taken  into  account  in  defining  and  implementing  other 
Community policies and activities.” 
Treaty  Article  174  has,  among  others,  the  objectives  of  “preserving,  protecting  and  improving  the 
quality  of  the  environment”,  “prudent  and  rational  utilisation  of  natural  resources”  and  “promoting 
measures at international level to deal with regional or worldwide environmental problems.” 
COM(2005) 243); http://cordis.europa.eu/nanotechnology/actionplan.htm. 

EN 

13 

   EN 

 
                                                 
Communities should be competent to resolve any disputes arising from the activities 
of the Joint Undertaking. 

(25)  The  Commission  and  the  ENIAC  Joint  Undertaking  should  regularly  report  on  its 

progress to the Council and to the European Parliament. 

(26)  The  ENIAC  Joint  Undertaking  should  adopt,  subject  to  prior  consent  from  the 
Commission,  specific  financial  rules  which  take  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. They should be 
based  on  the  principles  laid  down  in  Commission  Regulation  (EC,  Euratom)  No 
2343/2002  of  23  December  2002  on  the  framework  Financial  Regulation  for  the 
bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 
on the Financial Regulation applicable to the budget of the European Communities16 

(27)  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  interests17,  Council 
Regulation (EC, Euratom) No 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  irregularities18,  and 
Regulation  (EC)  No  1073/1999  of  the  European  Parliament  and  of  the  Council 
concerning investigations concluded by the European Anti-Fraud Office (OLAF)19. 

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

(29)  The Commission and AENEAS should take all necessary preparatory measures for the 

establishment of the ENIAC Joint Undertaking. 

(30)  Since  the  objective  of  the  proposed  action,  namely  the  establishment  of  the  ENIAC 
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  subsidiarity  as 
set out in Article 5 of the Treaty. In accordance with the principle of proportionality, 
as set out in that Article, this Regulation does not go beyond what is necessary in order 
to achieve this objective 

16 

17 
18 
19 

OJ L 357, 31.12.2002 p. 72. 
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 

14 

   EN 

 
                                                 
HAS ADOPTED THIS REGULATION: 

Article 1 
Establishment of a Joint Undertaking  

1. 

2. 

3. 

4. 

For  the  implementation  of  the  Joint  Technology  Initiative  (hereinafter  JTI)  on 
Nanoelectronics, a Joint Undertaking within the meaning of Article 171 of the Treaty 
(hereinafter the "ENIAC Joint Undertaking") is hereby set up for a period ending on 
31 December 2017. This period may be extended by a revision of this Regulation. 

The ENIAC 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/EC and of Article 15 (c) of Directive 2004/18/EC. 

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

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

Article 2 
Objectives 

The  ENIAC  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 
competences for Nanoelectronics across different application areas in order to 
strengthen  European  competitiveness  and  sustainability  and  allow 
the 
emergence of new markets and societal applications; 

support the activities required for the implementation of the Research Agenda 
(hereinafter  R&D  activities),  notably  by  awarding  funding  to  participants  in 
selected projects 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 Nanoelectronics, and fostering collaboration between the public 
and private sectors; 

(d) 

ensure the efficiency and durability of the JTI on Nanoelectronics; 

(e) 

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

EN 

15 

   EN 

 
Article 3 
Members 

1. 

The founding members of the ENIAC Joint Undertaking shall be: 

(a) 

the European Community, represented by the Commission; 

(b) 

[…Member States…]; 

(c) 

the AENEAS association (hereinafter “AENEAS”). 

2. 

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

(a) 

(b) 

(c) 

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

any  non-EU,  non-candidate  and  non-associated  country  (hereinafter  "Third 
Country")  pursuing  R&D  policies  or  programmes 
the  area  of 
Nanoelectronics; 

in 

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

The founding members as referred to in paragraph 1 and new members as referred to 
in paragraph 2 shall be hereinafter referred to as "Members". 

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

Article 4 
Sources of financing 

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

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

(a) 

a financial contribution from AENEAS 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) 

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

(c) 

in-kind contributions from ENIAC Member States.  

3. 

4. 

1. 

2. 

3. 

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

(a) 

a  financial  contribution  from  the  Community  of  up  to  EUR  440  million  to 
finance Projects; 

EN 

16 

   EN 

 
(b) 

(c) 

financial  contributions  from  ENIAC  Member  States  made  in  the  form  of 
to  R&D  organisations 
annual  commitments 
participating in the R&D projects; 

to  be  disbursed  directly 

in-kind contributions by R&D organisations to bear their share of the necessary 
cost of carrying out the projects. 

4. 

5. 

6. 

7. 

The  maximum  Community  contribution  to  the  ENIAC  Joint  Undertaking  shall  be 
EUR  450  million  paid  from  the  budget  appropriations  allocated  to  the  Theme 
"Information  and  Communication  Technologies"  of  the  Specific  Programme 
"Cooperation" implementing the Seventh Framework Programme. 

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  ENIAC  Joint 
Undertaking. 

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

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

Article 5 
Bodies  

The Bodies of the ENIAC Joint Undertaking shall be: 

(a) 

the Governing Board; 

(b) 

the Public Authorities Board; 

(c) 

the Industry and Research Committee; 

(d) 

the Executive Director. 

Article 6 
Financial Regulation 

1. 

The  ENIAC  Joint  Undertaking  shall  adopt  specific  financial  rules  based  on  the 
principles of the Regulation (EC, Euratom) No2343/2002. They may depart from that 
regulation  where  the  specific  operating  needs  of  the  ENIAC  Joint  Undertaking  so 
require and subject to prior consent from the Commission. 

2. 

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

Article 7  
Funding of R&D activities  

1. 

Public  funding  for  projects  selected  following  calls  for  proposals  published  by  the 
ENIAC  Joint  Undertaking  shall  consist  of  the  national  financial  contributions  from 

EN 

17 

   EN 

 
the  ENIAC  Member  States  and/or  the  financial  contribution  from  the  ENIAC  Joint 
Undertaking. 

2. 

The  Community  contribution  to  the  ENIAC  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  ENIAC  Member  States  having  concluded  a 
grant  agreement  for  such  project  with  the  corresponding  national  authority 
following the award procedures of the ENIAC Joint Undertaking; 

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

3. 

4. 

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

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

5. 

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

(a) 

(b) 

(c) 

(d) 

(e) 

calls for proposals launched by the ENIAC Joint Undertaking shall be open to 
participants  established  in  ENIAC  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  entities  established  in  at  least 
three ENIAC Member States; 

the evaluation and selection process shall ensure that allocation of the ENIAC 
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 ENIAC Member States without any further evaluation or 
selection processes.  

EN 

18 

   EN 

 
6. 

Funding of projects shall respect the following rules: 

(a) 

(b) 

the  financial  contribution  of  the  ENIAC  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  ENIAC  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; 

ENIAC  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  ENIAC  Member  States  shall 
be disbursed directly to participants in projects according to the national grant 
agreements. ENIAC 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 

1. 

2. 

3. 

4. 

The Staff Regulations of Officials of the European Communities, the Conditions of 
Employment of Other Servants of the European Communities and the rules adopted 
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 
ENIAC Joint Undertaking and its Executive Director. 

In  respect  of  its  staff,  the  ENIAC  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 provisions 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 ENIAC Joint Undertaking. 

Article 9 
Privileges and Immunities 

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

Article 10 
Liability 

1. 

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

EN 

19 

   EN 

 
2. 

3. 

In  the  case  of  non-contractual  liability,  the  ENIAC  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 ENIAC 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  ENIAC  Joint  Undertaking  and  shall  be 
covered by the resources of the ENIAC 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) 

(d) 

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 
ENIAC Joint Undertaking; 

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

disputes related to compensation for damage caused by the staff of the ENIAC 
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 ENIAC Joint Undertaking is located shall 
apply. 

Article 12 
Report, evaluations and discharge 

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

No  later  than  31  December  2010  and  31  December  2015,  the  Commission  shall 
conduct interim evaluations of the ENIAC Joint Undertaking with the assistance of 
independent  experts.  This  evaluation  shall  cover  the  quality  and  efficiency  of  the 
ENIAC 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 ENIAC 
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  ENIAC  Joint  Undertaking 
shall be given by the European Parliament, upon recommendation of the Council, in 
accordance with a procedure provided for in the financial rules of the ENIAC Joint 
Undertaking. 

2. 

1. 

2. 

3. 

4. 

EN 

20 

   EN 

 
1. 

2. 

3. 

4. 

5. 

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

The ENIAC 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 ENIAC Joint Undertaking. 

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

The  Commission  and/or  the  Court  of  Auditors  may,  if  necessary,  carry  out  on-the-
spot checks among the recipients of the ENIAC Joint Undertaking's funding and the 
agents responsible for its allocation. To that end, the ENIAC Joint Undertaking shall 
ensure that grant agreements and contracts provide for the right of the Commission 
and/or 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. 

The European Anti-Fraud Office (OLAF) shall enjoy the same powers in respect of 
the  ENIAC  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  OLAF20.  The 
Governing Board shall approve that accession and adopt the necessary measures to 
facilitate internal investigations conducted by OLAF. 

Article 14 
Confidentiality 

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

Article 15 
Intellectual Property 

The  ENIAC  Joint  Undertaking  shall  adopt  rules  governing  the  dissemination  and  use  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 AENEAS shall take all necessary preparatory actions for the setting up 
of the ENIAC Joint Undertaking until its bodies are fully operational. 

20 

OJ L 136, 31.5.1999, p. 15. 

EN 

21 

   EN 

 
                                                 
Article 17 
Support from the host State 

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

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 

EN 

22 

   EN 

 
 
 
ANNEX  

STATUTES  
OF THE  
ENIAC JOINT UNDERTAKING 

Article 1 
Name, location, duration, legal personality 

1. 

2. 

3. 

4. 

5. 

1. 

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

Its seat shall be located in Brussels, Belgium. 

The ENIAC 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 22, taking into account the progress made towards achieving the 
objectives of the ENIAC Joint Undertaking and provided that financial sustainability 
is ensured. 

The ENIAC 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  ENIAC  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 
competences for Nanoelectronics 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"; 

(b) 

support the implementation of the R&D activities notably by awarding funding 
to participants in selected projects21 following competitive calls for proposals; 

21 

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

EN 

23 

   EN 

 
 
                                                 
(c) 

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

(d) 

ensure the efficiency and durability of the JTI on Nanoelectronics; 

(e) 

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

2. 

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

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

to  ensure  the  establishment  and  sustainable  management  of  the  JTI  on 
Nanoelectronics; 

to define and make any necessary adjustment to the Multiannual Strategic Plan 
including the Research Agenda as referred to in Article 13; 

to  define  and  carry  out  Annual  Implementation  Plans  for  executing  the 
Multiannual Strategic Plan as referred to in Article 13; 

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  trans-national  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 Nanoelectronics; 

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

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

to  publish  information  on  the  Projects,  including  the  name  of  the  participants 
and the amount of the financial contribution of the ENIAC 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  ENIAC  Joint  Undertaking  (hereinafter  "Founding 
Members") shall be: 

(a) 

the European Community, represented by the Commission; 

EN 

24 

   EN 

 
(b) 

[…Member States…]; 

(c) 

the  AENEAS  association  (hereinafter  “AENEAS”),  an  association  registered 
under  French  law  (registration  No  ….)  with  its  registered  office  in  Paris 
(France),  acting  as  a  representative  of  companies  and  other  R&D  actors 
operating in the field of Nanoelectronics in Europe. 

2. 

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

(a) 

(b) 

(c) 

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

any  non-EU,  non-candidate  and  non-associated  country  (hereinafter  "Third 
Country")  pursuing  R&D  policies  or  programmes 
the  area  of 
Nanoelectronics; 

in 

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

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

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

Article 4 
Accession and changes to membership  

Any  new  membership  application  to  the  ENIAC  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 ENIAC 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 ENIAC Joint Undertaking.  

Any application for membership of the ENIAC 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 ENIAC 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 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

EN 

25 

   EN 

 
be made taking into account the relevance and potential added value of the applicant 
for the achievement of the objectives of the ENIAC Joint Undertaking. 

5. 

Any  Member  may  withdraw  from  the  ENIAC  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 ENIAC Joint Undertaking 

The Bodies of the ENIAC Joint Undertaking shall be: 

(a) 

the Governing Board; 

(b) 

the Public Authorities Board; 

(c) 

the Industry and Research Committee; 

(d) 

the Executive Director. 

Article 6 
Governing Board 

1. 

Composition and decision-making process 

(a) 

(b) 

(c) 

(d) 

(e) 

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

Each Member of the ENIAC Joint Undertaking shall appoint its representatives 
and  a  lead  delegate  who  shall  hold  the  voting  rights  of  the  Member  in  the 
Governing  Board.  The  Chairperson  of  the  Industry  and  Research  Committee 
shall have no voting rights. 

Voting rights for AENEAS 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 AENEAS 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 Projects 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  ENIAC  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 ENIAC Member States. 

EN 

26 

   EN 

 
(f) 

(g) 

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 ENIAC 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,  the  methodology  for  assessing  the  in-kind  contributions,  any 
amendments to these Statutes and the Financial Regulation of the ENIAC 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 ENIAC 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; 

(c) 

approve the Financial Regulation of the ENIAC Joint Undertaking according to 
Article 12 of these Statutes; 

(d) 

adopt proposed amendments to the Statutes in accordance with Article 22;  

(e) 

(f) 

approve the Multiannual Strategic Plan including the Research Agenda;  

supervise the overall activities of the ENIAC Joint Undertaking; 

(g) 

supervise progress in implementing the Multiannual Strategic Plan; 

(h) 

(i) 

(j) 

(k) 

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; 

take  responsibility  for  the  appropriate  provision of  the  function  entrusted  by 
the 
Article  185(3)  of  Regulation  (EC,  Euratom)  N°  1605/2002 
Commission’s internal auditor; 

to 

EN 

27 

   EN 

 
(l) 

(m) 

(n) 

(o) 

adopt  the  necessary  implementing  measures  for  the  Staff  Regulation  of  the 
ENIAC Joint Undertaking in accordance with Article 17; 

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 
ENIAC 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 ENIAC 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, 
AENEAS and at least three ENIAC Member States. 

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 
ENIAC 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 ENIAC 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 ENIAC 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 ENIAC Member States. 

(e) 

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

EN 

28 

   EN 

 
(f) 

The  representative  of  the  Community  shall  have  a  veto  right  on  all  issues 
concerning the use of its own contribution to the ENIAC 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 ENIAC 
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 ENIAC Joint Undertaking's financial contribution referred to 
in Article 15(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 ENIAC 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 ENIAC Member States. 

Article 8 – Industry and Research Committee 

1. 

Composition 

(a) 

(b) 

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

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

EN 

29 

   EN 

 
2. 

Role and tasks 

The Industry and Research Committee shall: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

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 ENIAC Joint Undertaking; 

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

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

(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 AENEAS. 

Article 9 – Executive Director 

1. 

2. 

The  Executive  Director  shall  be  the  chief  executive  responsible  for  the  day-to-day 
management of the ENIAC 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 Director shall exercise, in respect of the staff, the powers laid 
down  in  Article  8  (2)  of  the  Council  Regulation  setting  up  the  ENIAC  Joint 
Undertaking. 

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: 

EN 

30 

   EN 

 
(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  ENIAC  Joint 
Undertaking to the Governing Board for approval; 

to present proposals on the rules of procedure for calls for proposals launched 
by  the  ENIAC  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 Articles 14 and 15, and service and supply contracts necessary for 
the operations of the ENIAC Joint Undertaking as referred to in Article 16; 

(h) 

to authorise all payments due by the ENIAC Joint Undertaking; 

(i) 

(j) 

(k) 

(l) 

(m) 

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

to negotiate the conditions for accession of new members of the ENIAC 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 
ENIAC  Joint  Undertaking's  objectives  not  provided  for  in  the  Annual 
Implementation  Plan,  within  any  limits  and  conditions  established  by  the 
Governing Board; 

EN 

31 

   EN 

 
(n) 

(o) 

(p) 

(q) 

(r) 

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 ENIAC 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 ENIAC 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) 

secretarial support for the Bodies of the ENIAC Joint Undertaking; 

(b) 

(c) 

(d) 

(e) 

(f) 

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; 

financial tasks, including payments of financial contributions from the ENIAC 
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  ENIAC  Joint  Undertaking  goods/services 
requirements  according  to  the  Financial  Regulation  of  the  ENIAC  Joint 
Undertaking. 

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

Article 10 – Sources of financing 

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

The  resources  of  the  ENIAC  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); 

5. 

1. 

2. 

EN 

32 

   EN 

 
(b) 

a Community contribution to fund the R&D activities;  

(c) 

any revenue generated by the ENIAC 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 ENIAC Joint Undertaking. 

3. 

4. 

Any legal entity that is not a Member may make in-kind or cash contributions to the 
resources of the ENIAC 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  costs22  of  the  ENIAC  Joint  Undertaking  for  the  period  ending  on  31 
December 2017 shall be borne by its members: 

(a) 

AENEAS 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; 

(c) 

(d) 

ENIAC  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 14 and 15; 

the contributions of the Community and AENEAS 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  ENIAC  Joint  Undertaking  for  the  period  ending  on  31 
December 2017 shall be supported through: 

(a) 

(b) 

a  financial  contribution  from  the  Community  of  up  to  EUR  440  million  to 
finance Projects; 

financial contributions from ENIAC 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 14 and 15. Every year, ENIAC 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 ENIAC Joint Undertaking taking into account the scope of the supported 
R&D activities addressed in the Calls; 

22 

Running costs are the costs necessary for the functioning of the ENIAC Joint Undertaking excluding the 
funding of R&D activities 

EN 

33 

   EN 

 
                                                 
(c) 

in-kind  contributions  by  R&D  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 ENIAC 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 ENIAC Joint Undertaking shall be 
paid  through  partial  instalments  in  accordance  with  the  provisions  of  the  Annual 
Budget Plan. 

Should  any  Member  of  the  ENIAC  Joint  Undertaking  be  in  default  of  its 
commitments  concerning  its  agreed  financial  contribution  to  the  ENIAC  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 ENIAC 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. 

The financial year shall correspond to the calendar year. 

Article 11 – Financial year 

Article 12 – Financial Regulation 

1. 

2. 

3. 

1. 

23 

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

The  Financial  Regulation  shall  be  based  on  the  principles  of  the  Framework 
Financial  Regulation23  and  shall 
the  planning  and 
implementation  of  the  budget  of  the  ENIAC  Joint  Undertaking.  The  Financial 
Regulation may depart from the Framework Financial Regulation where the specific 
operating  needs  of  the  ENIAC  Joint  Undertaking  so  require  and  subject  to  prior 
consent from the Commission. 

include  provisions  for 

Discharge  for  the  implementation  of  the  budget  of  the  ENIAC  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 ENIAC Joint Undertaking. 

Article 13 – Planning and reporting  

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

Commission  Regulation  (EC,  Euratom)  No  2343/2002  of  23  December  2002  on  the  framework 
Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 
1605/2002  on  the  Financial  Regulation  applicable  to  the  budget  of  the  European  Communities,  OJ  L 
357, 31.12.2002 p. 72; corrigendum in OJ L 2, 7.1.2003, p. 39 

EN 

34 

   EN 

 
                                                 
2. 

3. 

4. 

5. 

6. 

7. 

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  ENIAC  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 
ENIAC Joint Undertaking. The Executive Director shall supply the Governing Board 
with all supplementary information needed for this purpose. 

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  ENIAC  Joint  Undertaking  by  31 
October of the previous year. 

The  Annual  Activity  Report  shall  present  progress  made  by  the  ENIAC  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. 

Within  two  months  after  the  end  of  each  financial  year  the  provisional  accounts  of 
the  Joint  Undertaking  shall  be  submitted  to  the  Commission  and  the  Court  of 
Auditors  of  the  European  Communities  ('the  Court  of  Auditors').  The  Court  of 
Auditors shall, by 15 June after the end of each financial year, make its observations 
on the provisional accounts of the Joint Undertaking. 

The annual accounts for the financial year shall be sent in the following year to the 
Commission's  Accounting  Officer  according  to  the  deadlines  fixed  by  the 
Framework  Financial  Regulation  so  that  the  Commission's  Accounting  Officer  can 
consolidate  these  into  the  EC  annual  accounts.  The  Joint  Undertaking's  annual 
accounts  have  to  be  prepared  and  audited  following  the  EC  Accounting  Rules  as 
adopted by the Commission's Accounting Officer. 

EN 

35 

   EN 

 
 
 
 
 
 
1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

Article 14 - Implementation of R&D activities 

The  ENIAC  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  ENIAC  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 15(5)(b). 

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

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

The  ENIAC  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  ENIAC  Member  States  shall  not  require  additional 
monitoring and technical audit reports other than those required by the ENIAC Joint 
Undertaking. 

Article 15 – Funding of Projects 

Public  funding  to  Project  participants  shall  consist  of  the  national  financial 
contributions  of  the  ENIAC  Member  States,  and/or  of  the  financial  contribution  of 
the  ENIAC  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  ENIAC  Joint  Undertaking 
shall specify the overall budget available for each Call. This budget shall indicate the 
amounts committed at national level by each ENIAC Member State and the amount 
of  the  ENIAC  Joint  Undertaking's  financial  contribution.  The  Calls  shall  state  the 
evaluation criteria in relation to the objectives of the Call. 

The  ENIAC  Joint  Undertaking's  financial  contribution  to  the  budget  for  each  Call 
shall  be  equivalent  to  55%  of  the  total  amount  committed  by  the  ENIAC  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) 

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

EN 

36 

   EN 

 
(b) 

(c) 

(d) 

(e) 

Consortia  of  participants  in  project  proposals  submitted  in  response  to  these 
Calls shall include at least three non-affiliated entities24 established in at least 
three ENIAC Member States.  

The evaluation and selection process shall ensure that allocation of the ENIAC 
Joint  Undertaking's  public  funding  follows  the  principles  of  excellence  and 
competition25. 

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 ENIAC Member States without any further evaluation or 
selection processes.  

5. 

Funding of Projects 

(a) 

(b) 

The  financial  contribution  of  the  ENIAC  Joint  Undertaking  to  participants  in 
Projects  shall  be  provided  at  a  percentage  of  the  total  costs26  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. 

ENIAC  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 ENIAC Member States shall be disbursed 
directly to participants in Projects according to the national grant agreements. 
ENIAC  Member  States  shall  undertake  best  efforts  to  synchronise  the 
establishment of grant agreements and to disburse their financial contributions 
in a timely manner. 

Article 16 – Service and supply contracts 

The ENIAC 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 ENIAC Joint Undertaking. 

24 

25 

26 

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

EN 

37 

   EN 

 
                                                 
1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Article 17 – 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 ENIAC 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 ENIAC Joint Undertaking. 

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

Article 18 – Liability, insurance  

The  contractual  liability  of  the  ENIAC  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  ENIAC  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 ENIAC 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  ENIAC  Joint  Undertaking  and  shall  be 
covered by the resources of the ENIAC Joint Undertaking. 

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

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

The  Members  are  not  liable  for  any  of  the  ENIAC  Joint  Undertaking’s  financial 
obligations. The financial liability of the Members is an internal liability towards the 
ENIAC 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 ENIAC 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 ENIAC Joint Undertaking shall take out and maintain appropriate insurance. 

Article 19 - Conflict of interests 

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

EN 

38 

   EN 

 
1. 

2. 

3. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Article 20 – Protection of financial interests 

The ENIAC Joint Undertaking shall carry out on-the-spot checks and financial audits 
among  the  recipients  of  the  ENIAC  Joint  Undertaking’s  public  funding.  These 
checks and audits shall be performed either directly by the ENIAC Joint Undertaking 
or by ENIAC 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 ENIAC Joint Undertaking's funding and 
the  agents  responsible  for  allocating  it.  To  that  end,  the  ENIAC  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. 

Article 21 – Winding up 

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

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

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

When  the  ENIAC  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 24.  

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 ENIAC 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 ENIAC 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  ENIAC  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  ENIAC  Joint 

EN 

39 

   EN 

 
undertaking,  with  a  duration  longer  than  the  duration  of  the  ENIAC  Joint 
Undertaking. 

Article 22 – Amendments to the Statutes 

The present Statutes of the ENIAC 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  ENIAC  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  AENEAS  shall  be  notified  to  the 
Governing Board of the ENIAC Joint Undertaking at least forty-five days in advance 
of their adoption.  

Article 23 – Intellectual property policy 

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. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

For the purposes of this Article: 

(a) 

(b) 

(c) 

“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; 

(d) 

"Background  IPR”  shall  mean  any  IPRs  which  are  owned  or  controlled  by  a 
Project  participant  on  the  effective  date  of  the  corresponding  Project 

EN 

40 

   EN 

 
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; 

(e) 

(f) 

(g) 

(h) 

"Foreground" shall mean Foreground Information and Foreground IPR; 

(i) 

(j) 

(k) 

(l) 

(m) 

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

“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  ENIAC  Joint 
Undertaking, unless otherwise specified.  

EN 

41 

   EN 

 
3.1.2.  Notwithstanding the provisions above, the ENIAC 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  ENIAC  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. 

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 

EN 

42 

   EN 

 
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  ENIAC  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  transfer27,  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. 

27 

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 

43 

   EN 

 
                                                 
Article 24 – Agreement with the host State 

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

Article 25 – 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 ENIAC Joint Undertaking is located shall apply. 

EN 

44 

   EN 

 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Council regulation setting up the ENIAC Joint Undertaking. 

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 30 "Research and Development activities of the ENIAC JTI" 

09 04 01 40 "Support expenditure for the ENIAC JTI" 

3.2. 

Duration of the action and of the financial impact: 

The ENIAC 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 

09.040130  Non-comp 

Diff 

YES 

09.040140  Non-comp  Non-diff 

YES 

YES 

YES 

YES 

YES 

No [1A] 

No [1A] 

4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

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

EUR million (to 3 decimal places) 

EN 

45 

   EN 

 
 
 
 
 
 
 
 
Expenditure type 

Section 
No 

Year 
2007 

Year 
2008 

Year 
2009 

Year 
2010 

Year 
2011 

Year 
2012 
and 
later 

Total 

Operational expenditure28 

Commitment 
Appropriations (CA) 

8.1 

Payment  Appropriations 
(PA)29 

0 

0 

a 

b 

41.5 

55 

68.5 

85 

190 

440 

13.85 

32.2 

55 

73.65 

265.3 

440 

Administrative expenditure30 within reference amount31 

Technical 
& 
administrative  assistance 
(NDA) 

8.2.4 

c 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT32  

Commitment 
Appropriations 

Payment 
Appropriations 

a+c 

b+c 

0 

1.5 

2 

1.5 

2 

3 

10

0 

43 

57 

70 

87 

193 

450 

0 

15.35 

34.2 

56.5 

75.65 

268.3 

450 

Administrative expenditure not included in reference amount33 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

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

costs, 

0.088  0.351 

0.351 

0.351 

0.351 

2.106 

3.598 

0.005  0.017 

0.017 

0.037 

0.037 

0.222 

0.335 

8.2.5 

d 

8.2.6 

e 

Total indicative financial cost of action … 

28 
29 

30 
31 
32 

33 

Expenditure 09 04 01 30 "Research and Development activities of the ENIAC JTI". 
Payment  appropriations  are calculated on the basis of  average duration of projects  (3 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 40 "Support expenditure for the ENIAC JTI". 
The  reference  amount  is  the  amount  of  the  Commission  financial  contribution  to  the  ENIAC 
Joint Undertaking as stated in the legal instrument (€450 million). 
The reference amount does not include the administrative expenditure from the Research budget 
that is not transferred to the ENIAC Joint Undertaking. 

EN 

46 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
 
 
 
 
                                                 
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 

43.36
8 

57.36
8 

70.38
8 

87.38
8 

195.3
28 

0.093 

453.933 

15.71
8 

34.56
8 

56.88
8 

76.03
8 

270.6
28 

0.093 

453.933

AENEAS  (association  representing  industrial  and  other  R&D  actors)  will  contribute  to 
the running34 (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 €3bn. 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 

Total 

AENEAS 

f 

0.2 

2 

3 

4.5 

5 

15.3 

30 

TOTAL  CA  including 
co-financing 

a+c+d+
e+f 

0,.93 

45.36
8 

60.36
8 

74.88
8 

92.38
8 

210.628 

483.9
33 

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  €792m  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 at least €1232m. 

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 

34 

Running  costs  are  the  costs  necessary  for  the  functioning  of  the  ENIAC  Joint  Undertaking, 
excluding the funding of R&D projects launched following Calls for Proposals. 

EN 

47 

   EN 

 
 
 
 
 
 
 
 
 
 
                                                 
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) 

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

•  It creates 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  aligns  national  and  Community  budgets  along  common  R&D  objectives 
and allocates these budgets according to common European-level procedures. 
This is a major advancement to the European Research Area. 

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

•  Finally, it creates 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. 

EN 

48 

   EN 

 
 
 
 
 
 
 
 
 
 
The Community's operational expenditure envisaged for this purpose is a small 
fraction of the overall budget of the Seventh Framework Programme (450:50521 
= 0.89%) and of the ICT theme therein (5.2%). 

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 
the  Council 
"Cooperation"  Specific  Programme. 
(competitiveness)  has  repeatedly  acknowledged  the  potential  of  the  JTI 
concept35  and  recently  has  invited  the  Commission  to  make  proposals  for 
the  setting  up  of  "Joint  Technology  Initiatives  that  have  reached  an 
appropriate stage of preparedness"36. 

addition, 

In 

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  and  to  transfer  faster  research  into 
innovation  in  key  lead  markets  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 
200637  and  responds  to the  3%  Action  Plans  and  related conclusions  of 
the European Councils and Council meetings (competitiveness)38. 

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 and the strategy for sustainable 
growth and jobs. 

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

35 
36 
37 
38 

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

EN 

49 

   EN 

 
 
 
 
 
                                                 
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. The integrated holistic approach will enlarge the number of strategic 
partnerships between European players, creating new business ecosystems.   

Indicators:  this  result  will  be  achieved  de  facto  when  the  Joint  Undertaking 
becomes fully operational - (v) number and level of partnerships 

•  High programme efficiency by removing uncertainty as to the availability of 
national budgets, getting rid of the duplication of evaluation and monitoring 
procedures,  decentralised  flexible  management,  linking  pre-competitive 
research with closer to the market innovation. These benefits should lead to a 
programme  that  is  popular  and  attractive  to  a  broad  variety  of  R&D  actors, 
especially SMEs.  

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

•  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:  (x)  patents  filed  resulting  from  projects;  (xi)  number  of 
publications resulting from projects. 

5.4.  Method of Implementation (indicative) 

…Centralised Management 

Directly by the Commission 

EN 

50 

   EN 

 
 
 
 
 
 
 
 
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  ENIAC  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  AENEAS,  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  in  the  Statutes  (two  interim  by  2010 
and 2015 and one ex-post by March 2018). 

7. 

ANTI-FRAUD MEASURES  

The ENIAC Joint Undertaking shall adopt a Financial Regulation based on the principles 
of  the  Framework  Financial  Regulation,  departing  from  the  Framework  Financial 
Regulation where the specific operating needs of the ENIAC Joint Undertaking so require 

EN 

51 

   EN 

 
 
 
 
and  subject  to  prior  consent  from  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. 

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) 

OPERATIONAL 
OBJECTIVE39 - Setting up 
the ENIAC Joint 
Undertaking and 
implementing its Research 
Agenda 

Action 1 

- Output 1 (*) 

projects 

TOTAL COST 

2.5 

2.5 

0 

0 

16.6 

41.5 

16.6 

41.5 

22 

22 

55 

55 

27.4 

68.5 

27.4 

68.5 

34 

34 

85 

85 

76 

76 

190 

176 

190 

176 

440 

440 

(*) assuming an average total cost per project of €15m, of which 16.7% is funded by the ENIAC Joint Undertaking. 

39 

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 
staff40  

A*/AD 

0.5 

B*, 
C*/AST 

0.25 

Staff  financed41  by 
art. XX 01 02 

Other  staff42  (09  04 
01 40) 

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 ENIAC Joint Undertaking 

8.2.3. 

Sources of human resources (statutory) 

Posts  to  be  redeployed  using  existing  resources  within  the  managing 

X 
service (internal redeployment): 2 AD and 1 AST 

40 
41 
42 

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 AENEAS. 

EN 

54 

   EN 

 
 
 
 
                                                 
8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (09  04  01  40 

"Support expenditure for the ENIAC JTI"):  

Budget line 

(number and heading) 

EUR million (to 3 decimal places) 

Year 
2007 

Year 
2008 

Year 
2009 

Year 
2010 

Year 
2011 

Year 
2012 
and 
later 

TOTAL 

Technical 

and 
1 
assistance (including related staff costs) 

administrative 

ENIAC Joint Undertaking (*) 

Total  Technical  and  administrative 
assistance 

0 

0 

1.5 

1.5 

2 

2 

1.5 

1.5 

2 

2 

3 

3 

10 

10 

(*)The running costs of the Joint Undertaking will be co-financed by AENEAS (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 

0.088 

0.351 

0.351 

0.351 

0.351 

2.106 

EUR million (to 3 decimal places) 

Officials and temporary staff 

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

(specify budget line) 

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

0 

0 

0 

0 

0 

0 

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 

EN 

55 

   EN 

 
 
 
 
 
 
 
 
 
8.2.6.  Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

Year 
2007 

Year 
2008 

Year 
2009 

Year 
2010 

Year 
2011 

Year 
2012 
and 
later 

TOTAL 

Missions 

0.005  0.017  0.017 

0.017 

0.017 

0.102 

0.175 

Meetings & Conferences 

Committees  

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. 

EN 

56 

   EN