Council Regulation (EC) No 71/2007 of 20 December 2007 setting up the Clean Sky Joint Undertaking (Text with EEA relevance )
Date: 2007-12-20
Institutions: Council of the European Union
Subjects: EU programme, air transport, atmospheric pollutant, joint venture, legal status, new technology, operation of the Institutions, pollution control measures, public-private partnership, research and development

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I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

COUNCIL REGULATION (EC) No 71/2007

of 20 December 2007

setting up the Clean Sky Joint Undertaking

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

should combine private sector investment and European
including funding from the Seventh
public funding,
Framework Programme.

Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 171 and 172 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

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

Whereas:

(1) 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 Commu-
nity for research, technological development and demon-
stration activities (2007-2013) (1) (hereinafter referred to as
for a
the Seventh Framework Programme), provides
long
Community contribution to the establishment of
term public private partnerships in the form of
Joint
Technology Initiatives (hereinafter referred to as JTIs), which
could be implemented through Joint Undertakings within
the meaning of Article 171 of the Treaty. These JTIs result
from the work of European Technology Platforms, already
set up under the Sixth Framework Programme, and cover
selected aspects of research in their respective fields. They

(2) Council Decision 2006/971/EC of 19 December 2006
imple-
concerning the Specific Programme ‘Cooperation’
menting the Seventh Framework Programme of
the
European Community for research, technological develop-
ment and demonstration activities (2007 to 2013) (2)
(hereinafter referred to as the Specific Programme Cooper-
ation), underlines the need for ambitious pan-European
public-private partnerships to accelerate the development
of major
technologies by large research actions at
Community level including, in particular, JTIs.

(3)

(4)

The Lisbon Growth and Jobs Agenda underscores the need
to develop favourable conditions for investment in knowl-
edge and innovation in Europe with a view to boosting
competitiveness, growth and jobs in the European Union.

In its conclusions of 13 May 2003, of 22 September 2003
and of 24 September 2004, the Council highlighted the
importance of further developing actions following the 3 %
Action Plan for
research and the innovation policy,
including the development of new initiatives aimed at
intensifying cooperation between industry and the public
sector in funding research to enhance transnational public-
private links.

(5)

In its conclusions of 4 December 2006 and of 19 February
2007, the Council and, its conclusions of 8-9 March 2007
the European Council, invited the Commission to submit
proposals for the setting up of JTIs for initiatives that have
reached an appropriate stage of preparedness.

(1) OJ L 412, 30.12.2006, p. 1.

(2) OJ L 400, 30.12.2006, p. 86, corrected by OJ L 54, 22.2.2007, p. 30.

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(6)

(7)

(8)

The Aeronautics European Technology Platform Advisory
Council
for Aeronautics Research in Europe (ACARE)
developed a Strategic Research Agenda, which identified as
one of its high priorities the reduction of aviation's impact
on the environment. It also concluded that technological
changes are needed in order to achieve by 2020 the goals of
cutting CO2 emissions by 50 %, reducing NOx emissions by
80 %, reducing perceived external noise by 50 %, and
making substantial progress in reducing the impact of
manufacture, maintenance and disposal of aircrafts and
related products on the environment.

The extent of the effort required to address the environ-
mental challenges to the air transport system as defined in
the Strategic Research Agenda of ACARE justified the
setting up of a Joint Undertaking as the appropriate
instrument to coordinate the relevant research activities.

failure which discourage private investment

The Clean Sky JTI should mitigate the various risks of
in
market
aeronautics research in general, and in clean Air Transport
technologies in particular. It should provide integration and
demonstration at the level of the system as a whole, thus
decreasing the risk for private investment in developing
new environmentally friendly aeronautics products.
It
should stimulate private R & D investment in environmen-
tally friendly technologies in the European Union, thus
addressing the
existing R & D and environmental
externalities.

(9)

The Clean Sky JTI should accelerate the development in the
European Union of clean Air Transport technologies for
earliest possible deployment which will contribute to
achieving Europe's
strategic environmental and social
priorities,
in combination with sustainable economic
growth.

(10) The Clean Sky JTI should be a public-private partnership
associating all key stakeholders. Taking into account the
long-term nature of this partnership, the necessary pooling
and availability of financial resources, the high scientific and
technical expertise required, including the management of a
vast amount of knowledge, and appropriate intellectual
property rules, it is vital to set up a legal entity capable of
ensuring the coordinated use and efficient management of
the funds assigned to the Clean Sky JTI. It is therefore
appropriate to set up a Joint Undertaking under Article 171
of the Treaty (hereinafter referred to as the Clean Sky Joint
Undertaking).

(11) The Clean Sky Joint Undertaking aims at addressing the
implementation of
innovative, environmentally-friendly
technologies in all segments of civil air transport, including
large commercial aircraft, regional aircraft and rotorcraft,
and in all supporting technologies such as engines, systems
and materials life cycle. The Clean Sky Joint Undertaking

will deliver full scale demonstrators in all areas of research
activities, which should be tested either in flight or on the
ground, as a result of a fully integrated approach and
monitoring of the technological progress and impact.

(12) The Clean Sky Joint Undertaking should be set up for the
period up to 31 December 2017 to ensure the appropriate
management of research activities, including exploitation of
the Clean Sky Joint
the results by the members of
Undertaking and the participants
initiated but not
concluded during the Seventh Framework Programme.
However, exploitation of results will not be funded by the
Joint Undertaking.

(13) The members of the Clean Sky Joint Undertaking should be
the European Community represented by the Commission
as public representative, the leaders of Integrated Technol-
ogy Demonstrators (hereinafter referred to as ‘ITDs) and the
Associate members of the individual ITDs.

(14) The Clean Sky Joint Undertaking should be open to new

members.

(15) The Clean Sky 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 Parliament,
on a recommendation from the Council, taking however
into account the particular characteristics resulting from the
nature of
JTIs as public-private partnerships and in
particular from the private sector contribution to the
budget.

(16) The leaders of

ITDs have signed a Memorandum of
Understanding committing their respective companies to
technical, managerial and financial participation in the
Clean Sky Joint Undertaking for its full duration. All
Associate members have committed themselves
to a
threshold financial participation for the whole duration of
Clean Sky Joint Undertaking.

(17) The research activities should be funded by the Community
and funded at
least equally by the other members’
resources. Further financing options may be available, inter
alia, from the European Investment Bank (EIB), in particular
through the Risk-Sharing Finance Facility developed jointly
with the EIB and the Commission, pursuant to Annex III of
Decision 2006/971/EC.

(18) The running costs of the Clean Sky Joint Undertaking
should be covered equally by the Community and the other
members.

(19) The leaders of ITDs and the Associate Members of the
individual ITDs should receive support from the Clean Sky
Joint Undertaking when carrying out the research activities
of which they are in charge.

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(20) The Clean Sky Joint Undertaking should be capable of
organising competitive calls for proposals for supporting
research activities, where appropriate.

(27) The Clean Sky Joint Undertaking should rely on a number
of external advisory bodies, involving National States and
the ACARE European Technology Platform for Aeronautics,
and should maintain regular contacts with National States.

(21) Research activities carried out under the Clean Sky Joint
Undertaking should respect
ethical
principles applicable in the Seventh Framework pro-
gramme.

fundamental

the

(22) The Clean Sky Joint Undertaking should adopt,

in
accordance with Article 185(1) of Council Regulation
(EC, Euratom) No 1605/2002 (1) of 25 June 2002 on the
Financial Regulation applicable to the general budget of the
European Communities (hereinafter referred to as ‘Financial
Regulation) and subject to prior consent of the Commis-
sion, specific financial rules which take into account its
specific operating needs arising, in particular, from the need
to combine Community and private funding to support
research and development activities in an efficient and
timely manner. In order to ensure a harmonised treatment
the Joint Undertaking research
of
activities and those of the indirect actions of the Seventh
Framework Programme, it is appropriate that value added
tax should not be an eligible cost for Community funding,
in line with Regulation (EC) No 1906/2006 of
the
European Parliament and of the Council of 18 December
2006 laying down the rules for
the participation of
undertakings, research centres and universities in actions
under the Seventh Framework Programme and for the
dissemination of research results (2007-2013) (2).

the participants of

(23)

In order to ensure stable employment conditions and equal
treatment of staff, and to attract specialised scientific and
technical staff of the highest calibre, the Staff Regulations of
Officials and the Conditions of Employment of Other
laid down in
Servants of
the European Communities,
Regulation (EEC, Euratom, ECSC) No 259/68 of
the
Council (3) (the Staff Regulations) should be applied to all
staff recruited by the Clean Sky Joint Undertaking.

(24) The rules for the organisation and operation of the Clean
Sky Joint Undertaking should be laid down in the Statutes
of
the Clean Sky Joint Undertaking annexed to this
Regulation.

(25) The Commission should be entrusted with specific tasks
associated with the monitoring of public funds and
safeguarding Community interests in the Joint Undertaking.

(26) The Clean Sky Joint Undertaking should regularly report to
the European Parliament and to the Council on its progress.

(1) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation

(EC) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

(2) OJ L 391, 30.12.2006, p. 1.
(3) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation

(EC, Euratom) No 337/2007 (OJ L 90, 30.3.2007, p. 1).

(28) As a body possessing legal personality, the Clean Sky Joint
Undertaking should be accountable for its actions. As
regards the resolution of disputes in contractual matters,
any grant agreements or contracts concluded by the Clean
Sky Joint Undertaking could provide for the jurisdiction of
the Court of Justice.

(29) The intellectual property rights policy of the Clean Sky
Joint Undertaking should promote the creation and
exploitation of knowledge.

(30) Appropriate measures should be taken to prevent irregu-
larities and fraud, and 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
interests (4), and
the European Communities
Council Regulation (Euratom, EC) No 2185/96 of
11 November 1996 concerning on the spot checks and
inspections carried out by the Commission in order to
interests
protect
financial
irregularities (5), and Regula-
against
tion (EC) No 1073/1999 of the European Parliament and
of the Council of 25 May 1999 concerning investigations
concluded by the European Anti-Fraud Office (OLAF) (6).

the European Communities’
fraud and other

financial

(31)

In order to facilitate the setting up of the Clean Sky Joint
Undertaking, the Commission should be responsible for the
establishment and initial operation of the Clean Sky Joint
Undertaking until
the operational capacity to
it has
implement its own budget.

(32) The Clean Sky Joint Undertaking should be established in
Brussels, Belgium. A host agreement should be concluded
between the Clean Sky Joint Undertaking and Belgium
concerning office accommodation, privileges and immu-
nities and other support to be provided by Belgium to the
Clean Sky Joint Undertaking.

(33) Since the objective of this Regulation, namely the setting up
of the Clean Sky Joint Undertaking, cannot be sufficiently
achieved by the Member States due to the transnational
nature of the great research challenge identified; which

(4) OJ L 312, 23.12.1995, p. 1.
(5) OJ L 292, 15.11.1996, p. 2.
(6) OJ L 136, 31.5.1999, p. 1.

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requires the pooling of complementary knowledge and
financial resources across sectors and borders, and can
therefore be better achieved at Community level,
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 that objective,

HAS ADOPTED THIS REGULATION:

Article 3

Legal status

The Clean Sky Joint Undertaking shall be a Community body
with legal personality.
the
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.

the Member States of

In all

Article 1

Setting up of a Joint Undertaking

Article 4

Statutes

For the implementation of the Joint Technology Initiative on
1.
Clean Sky, a Joint Undertaking within the meaning of Article 171
of the Treaty is hereby set up for the period up to 31 December
2017 (hereinafter referred to as the Clean Sky Joint Undertaking).

The Statutes of the Clean Sky Joint Undertaking, as set out in
Annex I hereto, constitute an integral part of this Regulation and
are hereby adopted.

2.

Its seat shall be located in Brussels, Belgium.

Article 2

Objectives of the Joint Undertaking

1. The Clean Sky Joint Undertaking shall contribute to the
implementation of the Seventh Framework Programme and in
particular Theme 7, Transport (including Aeronautics) of the
Specific Programme Cooperation.

2. The objectives of the Clean Sky Joint Undertaking shall be
the following:

accelerating in the EU the development, validation and
demonstration of clean Air Transport
technologies for
earliest possible deployment;

ensuring coherent implementation of European research
efforts aiming at environmental improvements in the field
of Air Transport;

Article 5

Community contribution

1. The maximum Community contribution to the Clean Sky
Joint Undertaking covering running costs and research activities
shall be EUR 800 million paid from the budget appropriation
allocated to the Theme ‘Transport’ of the Specific Programme
the Financial
Cooperation, according to Article 54(2)(b) of
Regulation.

2. Where appropriate, the Community contribution to the
Clean Sky Joint Undertaking for the funding of the research
activities shall include funding of proposals selected by way of
open and competitive calls for proposals.

The evaluation and selection process shall ensure that allocation
of
the Clean Sky Joint Undertaking public funding for
competitive calls for proposals follow the principles of excellence
and competition, and shall be carried out with the assistance of
independent experts.

Any public or private entity established in a Member State or in a
country associated to the Seventh Framework Programme, shall
be eligible for such funding.

creating a radically innovative Air Transport System based
on the integration of advanced technologies and full scale
demonstrators, with the target of reducing the environ-
mental impact of air transport through significant reduc-
tion of noise and gaseous emissions, and improvement of
the fuel economy of aircrafts;

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

accelerating the generation of new knowledge, innovation
and the uptake of research proving the relevant technol-
ogies and fully integrated system of systems,
in the
appropriate operational environment, leading to strength-
ened industrial competitiveness.

least equal

4. Other Members of the Joint Undertaking shall contribute
resources at
to the Community contribution,
excluding those allocated through calls for proposals in order
the Clean Sky Joint
to carry out
Undertaking.

the research activities of

(a)

(b)

(c)

(d)

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Article 6

Financial rules

Article 8

Privileges and immunities

1. The Clean Sky Joint Undertaking shall adopt specific
financial rules in accordance with Article 185(1) of Regulation
(EC, Euratom) No 1605/2002. They may depart from the rules
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 Commu-
nities (1) where the specific operating needs of the Clean Sky
Joint Undertaking so require, subject to the prior consent of the
Commission.

2. The Clean Sky Joint Undertaking shall have its own internal
audit capability.

Article 7

Staff

1. The Staff Regulations and the rules adopted jointly by the
institutions of the Communities for the purpose of applying
them shall apply to the staff of the Clean Sky Joint Undertaking
and its Executive Director.

2. Without prejudice to paragraph 3 of
this Article and
Article 7(3) of the Statutes, the Clean Sky 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 in respect of its staff.

3. The Governing Board shall,
Commission, adopt
referred to in Article 110 of the Staff Regulations.

in agreement with the
the necessary implementing measures

4. The staff resources shall be determined in the establishment
plan of the Clean Sky Joint Undertaking that shall be set out in
its annual budget.

5. The staff of the Clean Sky Joint Undertaking shall consist of
temporary agents and contract agents engaged for a fixed period
that may be renewed no more than once for another fixed
period. The total period of engagement shall not exceed seven
years and shall not in any case exceed the period during which
the Joint Undertaking shall exist.

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

Article 9

Liability

1. The contractual liability of the Clean Sky 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 Clean Sky Joint
2.
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.

3. Any payment by the Clean Sky 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 Clean Sky Joint Undertaking
and shall be covered by the resources of the Clean Sky Joint
Undertaking.

4. The Clean Sky Joint Undertaking shall be solely responsible
for meeting its obligations.

Article 10

Jurisdiction of the Court of Justice and applicable law

1. The Court of Justice shall have jurisdiction:

(a)

(b)

(c)

(d)

in any dispute between the Members which relates to the
subject matter of
the Statutes
referred to in Article 4;

this Regulation and/or

pursuant to any arbitration clause contained in agreements
and contracts concluded by the Clean Sky Joint Under-
taking;

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

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

6. All costs related to the staff shall be borne by the Clean Sky
Joint Undertaking.

(1) OJ L 357, 31.12.2002, p. 72.

2.
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
Clean Sky Joint Undertaking is located shall apply.

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Article 11

Report, evaluation and discharge

1. The Commission shall present to the European Parliament
and to the Council an annual report on the progress achieved by
the Clean Sky Joint Undertaking. This report shall contain details
of implementation including the number of proposals submitted,
the type of
the number of
participants,
including SMEs, and statistics broken down by
country. In particular this annual report will include assessment
results of the Technology Evaluator referred to in Article 8(1) of
the Statutes, as appropriate.

those selected for

funding,

2. Three years after the adoption of this Regulation (but in any
case no later than 31 December 2010), and subsequently by
the Commission shall carry out an
31 December 2013,
evaluation with the assistance of independent experts on the
basis of terms of reference established after consultation with the
Joint Undertaking. These evaluations shall cover the quality and
efficiency of the Clean Sky Joint Undertaking, and progress
towards the objectives set. The Commission shall communicate
to the Council the conclusions thereof, accompanied by its
observations and, where appropriate, by its proposals to amend
this Regulation, including the possible early termination of the
Joint Undertaking.

3. Not
the Joint
later than six months after the end of
Undertaking, the Commission shall conduct a final evaluation of
the Clean Sky Joint Undertaking with the assistance of
independent experts. The results of the final evaluation shall be
presented to the European Parliament and to the Council.

4. Discharge for the implementation of the budget of the Clean
Sky Joint Undertaking shall be given by the European Parliament,
upon recommendation from the Council, in accordance with a
procedure provided for by the financial rules of the Clean Sky
Joint Undertaking.

Article 12

Protection of the financial interests of the Members and
anti-fraud measures

1. The Clean Sky Joint Undertaking shall ensure that
the
financial interests of its members are adequately protected by
carrying out or by allowing the carrying out of appropriate
internal and external controls.

Should the Members discover any irregularities, they shall
2.
reserve the right
suspend any subsequent
contribution to the Clean Sky Joint Undertaking, or to recover
amounts unduly spent.

to reduce or

4. The Clean Sky Joint Undertaking shall carry out on-the-spot
checks and financial audits among the recipients of the Clean Sky
Joint Undertaking's public funding.

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

irregularities,

6. The European Anti-Fraud Office (OLAF) (1) 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
to the
Interinstitutional Agreement of 25 May 1999 between the
European Parliament, the Council and the Commission con-
cerning internal investigations by OLAF. The Clean Sky Joint
Undertaking shall adopt the measures necessary to facilitate
internal investigations conducted by OLAF.

shall accede

established,

it

Article 13

Confidentiality

Without prejudice to Article 14, the Clean Sky Joint Undertaking
shall ensure the protection of sensitive information, disclosure of
which could damage the interests of
its Members or of
participants in the activities of the Clean Sky Joint Undertaking.

Article 14

Transparency

1. Regulation (EC) No 1049/2001 of the European Parliament
and of the Council of 30 May 2001 regarding access to European
Parliament, Council and Commission documents (2) shall apply
to documents held by the Clean Sky Joint Undertaking.

2. The Clean Sky Joint Undertaking shall adopt practical
arrangements for implementing Regulation (EC) No 1049/2001
by 7 August 2008.

3. Decisions
taken by the Clean Sky Joint Undertaking
pursuant to Article 8 of Regulation (EC) No 1049/2001 may
form the subject of a complaint to the Ombudsman or of an
action before the Court of Justice, under the conditions laid
down in Articles 195 and 230 of the Treaty respectively.

4. The Clean Sky Joint Undertaking shall adopt practical
arrangements for implementing Regulation (EC) No 1367/2006
of the European Parliament and of the Council of 6 September
2006 on the application of
the Aarhus
Convention on Access to Information, Public Participation in
Decision-making and Access to Justice in Environmental Matters
to Community institutions and bodies (3) before 7 August 2008.

the provisions of

(1) Commission Decision 1999/352/EC, ECSC, Euratom of 28 April
1999 establishing the European Anti-fraud Office (OLAF) (OJ L 136,
31.5.1999, p. 20).

For the purposes of combating fraud, corruption and other

3.
illegal acts, Regulation (EC) No 1073/1999 shall apply.

(2) OJ L 145, 31.5.2001, p. 43.
(3) OJ L 264, 25.9.2006, p. 13.

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Article 15

Intellectual property

The Clean Sky Joint Undertaking shall adopt distinct rules
governing the protection, use and dissemination of research
results, based on the principles of Regulation (EC) No 1906/
2006 as set out in Article 23 of the Statutes, which ensure that,
where appropriate, intellectual property generated in research
activities under this Regulation is protected, and that research
results are used and disseminated.

its officials,
Commission may assign a limited number of
including one to fulfil the functions of the Executive Director, on
an interim basis.

3. The interim Executive Director may authorise all payments
covered by the credits provided in the budget of the Clean Sky
Joint Undertaking once approved by the Governing Board and
may conclude contracts, including staff contracts following the
adoption of the Clean Sky Joint Undertaking establishment plan.
The Commission authorising officer may authorise all payments
covered by the credits provided in the general budget of the
Clean Sky Joint Undertaking.

Article 16

Preparatory actions

Article 17

Support from the host State

1. The Commission shall be responsible for the establishment
and initial operation of the Clean Sky Joint Undertaking until the
Joint Undertaking has the operational capacity to implement its
own budget. It shall carry out, in accordance with Community
law, all necessary actions in collaboration with other Founding
Members and the involvement of the Governing Board.

2.
For that purpose, until such time as the Executive Director
takes up his duties following his appointment by the Governing
Board in accordance with Article 7(3)(a) of the Statutes, the

A host agreement shall be concluded between the Clean Sky
Joint Undertaking and Belgium concerning office accommoda-
tion, privileges and immunities and other support to be provided
by Belgium to the Clean Sky Joint Undertaking.

Article 18

Entry into force

This Regulation shall enter into force on the third day following
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, 20 December 2007.

For the Council

The President

F. NUNES CORREIA

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ANNEX I

STATUTES OF THE CLEAN SKY JOINT UNDERTAKING

Article 1

Definitions

For the purposes of these Statutes, the following definitions shall apply:

(a)

(b)

(c)

(d)

‘associate’ means a single legal entity selected following call for
membership and which commits for the full duration of the Joint
Undertaking and for a minimum fixed share of the ITD budget.

‘calls for proposals’ means open calls for specific tasks, resulting in
the selection of Partners on a competitive basis.

‘calls for tender’ means calls for subcontracting specific tasks issued
by ITD Leaders or Associates.

‘Integrated Technology Demonstrator (ITD)’ means one of the six
technological areas
to be covered by the Clean Sky Joint
Undertaking.

(e)

‘ITD Leader’ means Co-leader of one of the six ITDs.

(e)

(f)

(g)

implementing the research and development activities needed,
where
for
proposals;

appropriate by awarding grants

following calls

awarding grants to support research performed by its Members and
by other entities
in
for proposals
selected following calls
accordance with open criteria agreed by the Governing Board;

publishing information on the projects, including the name of the
recipients and the amount of the financial contribution of the
Clean Sky Joint Undertaking per recipient;

(h)

ensuring the provision of services and supply contracts, where
appropriate, through calls for tender;

(i) mobilising the public and private sector funds needed;

(j)

liaising with national and international activities in the Joint
Undertaking technical domain, in particular with the SESAR Joint
Undertaking (1);

‘National States’ means Member States and countries associated to
the Seventh Framework Programme.

(k)

informing, by way of periodic meetings,
Representative Group and involving ACARE;

the National States

(f)

(g)

(a)

(b)

(c)

(d)

‘Partner’ means a legal entity selected in the course of JTI to
perform specific tasks and is not necessarily committed for the full
duration of the Joint Undertaking.

(h)

‘subcontractor’ means a legal entity which performs tasks under
contract to ITD Leader or Associate.

(i)

‘Technology Evaluator (TE)’ means the central activity established in
accordance with Article 8(1).

Article 2

Tasks and activities

In order to achieve the objectives of the Clean Sky Joint Undertaking its
main tasks and activities shall be the following:

bringing together a range of ITDs with the emphasis on innovative
technologies and development of full scale demonstrators;

focusing efforts within ITDs on key deliverables that can help meet
Europe's environmental and competitiveness goals;

enhancing the technology verification process in order to identify
and remove obstacles to future market penetration;

(l)

(m)

notifying legal entities that have concluded a grant agreement with
the Clean Sky Joint Undertaking of
the potential borrowing
opportunities from the European Investment Bank, in particular
the Seventh
the Risk Sharing Finance Facility set up under
Framework Programme;

stimulating the involvement of SMEs in its activities, in line with
the objectives of the Seventh Research Framework Programme; in
this respect the Clean Sky Joint Undertaking shall establish relevant
quantitative targets in line with those set in the Seventh Framework
Programme;

(n)

developing close cooperation and ensure coordination with related
European (in particular the Framework Programme), national and
trans-national activities.

Article 3

Members

1. The following shall be Founding Members of the Clean Sky Joint
Undertaking:

(a)

the European Community, represented by the Commission; and,

(b)

upon acceptance of the Statutes of the Clean Sky Joint Under-
taking, 12 ITD leaders and the Associates.

pooling user requirements to guide investment in research and
development towards operational and marketable solutions;

(1) OJ L 64, 2.3.2007, p. 1.

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The Commission and the ITD Leaders shall have overall visibility of the
activities of the JTI, and shall be responsible for taking overall strategic
decisions.

The Associates shall participate in one or more ITDs, will co-determine
technical decisions to be taken regarding these ITDs, and contribute a fair
share of the total work programme of these ITDs.

Decisions of the Governing Board on accession of any other legal entity
shall be made taking into account the relevance and potential added
value of the applicant for the achievement of the objectives of the Clean
Sky Joint Undertaking, as well as
the
technologies developed. For any application for new membership, the
Commission shall provide timely information to the Council on the
assessment and, where applicable, on the decision of the Governing
Board.

their capacity to exploit

The founding ITD Leaders and Associates are listed in Annex II, subject to
the first subparagraph.

3. Membership of
the Clean Sky Joint Undertaking may not be
transferred to a third party without the prior written consent of the
Governing Board.

2. Any public or private entity established in a Member State or in a
country associated to the Seventh Framework Programme may apply to
become a member of the Clean Sky Joint Undertaking, provided that:

(a)

(b)

as ITD Leaders, they commit themselves to contribute resources
proportional to and consistent with the overall JTI activities;

as Associates, their commitment is proportional to the budget of
the ITD they participate in and consistent with the ITD
requirements.

3. 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’.

Article 4

Accession and changes to membership

1. Accession Rules

Any public or private legal entity established in a Member State or in a
country associated to the Seventh Framework Programme may apply to
become a Member of the Clean Sky Joint Undertaking, under conditions
below:

— the legal entities applying to become ITD Leaders or Associates
shall accept the Statutes of the Clean Sky Joint Undertaking,

— the legal entities applying to become ITD Leaders shall commit
themselves
to
contribute financially to the running costs of the Clean Sky Joint
Undertaking with a commitment proportional
to its overall
budget, and to contribute to the ITDs they lead,

to the exploitation of

results afterwards,

its

— the legal entities applying to become Associates shall commit
themselves to contribute financially to the Clean Sky Joint
Undertaking in one or more ITDs according to a predefined
threshold of commitment proportional to the budget of that ITD,
and to contribute financially to the running costs of the Clean Sky
Joint Undertaking.

Calls for Associates shall be driven by the need for key capabilities within
the various ITDs. Vacancies shall be publicised via the Clean Sky website,
communicated through the National States Representative Group and
other channels where appropriate.

2. Governing Board decision

Any application of new membership to the Clean Sky Joint Undertaking
shall be shall be addressed to the Governing Board for its approval
according to the procedure set out in Article 5 and transmitted to the
National States Representatives Group for information.

Any Member may,
in exceptional circumstances and subject to the
consent of the Governing Board and the Steering Committee of any
relevant ITDs, withdraw from the Clean Sky Joint Undertaking. Following
withdrawal, the former Member shall be discharged from any obligation
other than those already undertaken through contracts entered into with
the Clean Sky Joint Undertaking and with other Members in accordance
with these Statutes prior to the Member's withdrawal.

Article 5

Bodies of the Clean Sky Joint Undertaking

1. The bodies of the Clean Sky Joint Undertaking shall be:

— the Governing Board,

— the Executive Director,

— the ITD Steering Committees,

— the Technology Evaluator Steering Committee, and

— the General Forum.

A National States Representative Group shall be an external advisory
body to the Clean Sky Joint Undertaking.

In case a specific task is not assigned to one of the bodies, the

2.
Governing Board shall be the competent one.

3. An Advisory Board shall be established as appropriate by the Joint
Undertaking to advise, and issue recommendations to, the Clean Sky
Joint Undertaking on managerial, financial and technical topics.

Article 6

Governing Board

1. The Governing Board is the governing body of the Clean Sky Joint
Undertaking.

2. Composition

The Governing Board shall be composed of named representatives of the
following parties:

(a)

the European Community represented by the Commission;

(b)

the ITD Leaders;

(c)

one Associate per ITD, as laid out in Article 8, 4(f) of these
Statutes.

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3. Decision making

Each individual member of the Governing Board shall have one equal
vote.

(h)

actions against defaulting ITD Leaders and Associates and/or
reaching terms of compromise in disputes between the Clean Sky
Joint Undertaking and any of its Members;

The Governing Board shall make decisions by a two-thirds majority of all
eligible votes. Eligible votes include those of members that are not
present at the meeting.

(i)

third instance settlement of disputes within ITDs;

(j)

second instance settlement of disputes across ITDs;

The consent of all affected ITD Leaders is required in order to modify the
budget allocation to and within ITDs.

(k)

admission of new ITD leaders and Associates as well as setting their
minimum level of commitment;

4. Chairmanship

(l)

selection procedures by way of calls for proposals/tenders;

(a)

(b)

The Governing Board shall appoint among its representatives a
chairman and a vice-chairman. The Commission representative
shall not be eligible for either function.

(m)

transfer of Membership;

The chairman and the vice-chairman of the Governing Board shall
be elected for a period of one year and may be re-elected for one
further year.

(n)

second instance review and re-opening of contested partners'
selection decisions;

5. Meetings

(o)

adoption of changes in the major deliverables;

The Governing Board shall meet at least twice a year.

Extraordinary meetings shall be convened at the request of the chairman
of the Governing Board or the Commission or the Executive Director.

The meetings shall normally take place at the seat of the Clean Sky Joint
Undertaking.

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

The chairman of the National States Representatives Group shall have the
right to attend meetings of the Governing Board as an observer.

6. Role and tasks

The Governing Board shall be responsible in particular for:

(a)

definition or change of the strategic orientation;

(b)

conclusion, release and/or amendment of contracts;

(p)

appointment, extension of
Executive Director;

the mandate or

removal of

the

(q)

approval of Executive Director's proposals
Directorate staffing levels;

for changes on

(r)

(s)

specification of the duties and responsibilities of the Executive
Director set out in Article 7(4);

approval of the Clean Sky Joint Undertaking Communication and
Dissemination strategy;

(t)

approval of principles for public consultation and dialogue;

(u)

promotion of a policy of human resource diversity and gender
equality;

(v)

development of an external relations strategy in an international
perspective;

(c)

(d)

adoption of the financial rules of the Clean Sky Joint Undertaking
in accordance with Article 6 of this Regulation;

(w)

rules for assessing in-kind contributions;

adoption of the budget and the annual accounts of the Clean Sky
Joint Undertaking;

(x)

adoption of the practical arrangements for implementing Regula-
tion (EC) No 1049/2001 referred to in Article 14(2) of this
Regulation.

(e)

adoption of changes of budget allocation to ITDs;

(f)

adoption of the annual ITD work programmes;

(g)

approval of annual reports from ITD Leaders and the Executive
Director and reviewing progress of research;

7. The Community shall hold veto rights on all decisions related to the
use of its financial contribution, decisions concerning the liquidation and
winding-up of the Joint Undertaking, adoption of major changes in
budget allocations to and within ITDs, and decisions related to points (a),
(b), (c), (h), (k) to (o), (p), (w) and (x). A major change in budget shall be a
change in the order of 10 % of the budget of the ITD affected (or the
Technology Evaluator).

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8. Rules

The Governing Board shall adopt its detailed rules of procedure.

Article 7

Executive Director

1. The Executive Director shall be responsible for the day-to-day
the Clean Sky Joint Undertaking and is its legal
management of
representative. He shall be accountable to the Governing Board.

The Executive Director
independence.

shall perform his duties with complete

The Executive Director shall exercise, in respect of the staff, the powers
laid down in Article 7(2) of this Regulation.

2. The Executive Director shall be aided in the performance of his
duties by the Directorate staff. The Directorate staff shall perform all
necessary supporting functions.

The Executive Director of the Joint Undertaking shall select and appoint
the Directorate staff.

3. Appointment of the Executive Director

(a)

The Executive Director shall be appointed by the Governing Board
for a period of three years, following a call for expression of
interest published in the Official Journal of the European Union and in
other periodicals or Internet sites. After an evaluation of the
Executive Director's performance, the Governing Board may extend
the term of office once for a further period of no more than four
years.

(b)

The Executive Director may be removed from office by the
Governing Board.

4. Role and tasks of the Executive Director

The Executive Director shall in particular:

(a)

report to the Governing Board;

coordinate and follow-up the
coordination meetings), prepare technical and financial reports;

ITD activities

(through ITD

(g)

(h)

implement calls for proposal and calls for tender processes based
on the content defined by the relevant ITD Steering Committee;

implement first instance reviewing process in case of contested
Partner selection decisions;

(i)

handle second instance settlement of disputes within ITDs;

(j)

handle first instance settlement of disputes across ITDs;

(k)

verify financial contributions from ITD leaders and Associates,
check expenditures against plans and carry out reviews of financial
contributions on a yearly basis;

(l)

prepare yearly budgets, implement them, and represent the Clean
Sky Joint Undertaking in the annual budget discharge procedure;

(m) provide the Governing Board and the Commission with the

technical and financial reports;

(n)

(o)

(p)

prepare, together with Governing Board chairman, the Agenda of
Governing Board meetings;

attend National States Representative Group and ACARE meetings
alongside the Commission and report on status of Clean Sky
activities, including SME issues;

run the communication and public relations aspects of the Clean
Sky Joint Undertaking, including the organisation of presentation
and dissemination events;

(q)

organise dialogue with users and relevant interest groups;

(r)

oversee the evaluation and selection process of
proposals;

the calls for

(s)

report on the results of the calls for proposals and calls for tender.

Article 8

ITD Steering Committees

1.

Establishment

ITD Steering Committees shall be established by the Governing Board for
each of the six ITDs. The following ITDs shall be established:

(b)

(c)

(d)

supervise integration and interface activities and call and chair
reviews as required;

(a)

Smart Fixed-Wing Aircraft

the Steering Committee of

chair
participate as active observer to the ITD Steering Committees;

the Technology Evaluator,

(e) monitor

the progress of

towards achieving the
environmental goals, based on the assessments of the Technology
Evaluator;

the ITDs

(b) Green Regional Aircraft

(c)

Green Rotorcraft

(d)

Systems for Green Operations

(e)

Green and Sustainable Engine

(f) monitor the participation of SMEs to ensure target levels of

participation are met;

(f)

Eco-Design.

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An independent Technology Evaluator shall be established for the entire
duration of Clean Sky. His tasks are:

(f)

establishing the order of rotation for the Associate representation
in the Governing Board; the decision on this item being taken by
the Associates only, ITD Leaders shall not have the right to vote;

(a)

(b)

(c)

assess the environmental impact of the technology results arising
from individual ITDs;

(g)

handling disputes within the ITD;

provide recommendations
performance across Clean Sky activities;

to ITDs

to optimise environment

(h) modifications of the budget allocation within its ITD subject to

Article 6(3).

regularly inform, through the Executive Director, the Commission
and the National States Representative Group about the environ-
mental impact of the technology results of the ITDs.

5. Voting

The Governing Board shall decide on the composition and setting up of
the Technology Evaluator Steering Committee.

Each ITD Steering Committee shall make decisions by a simple majority
with votes weighted according to the financial commitment to the ITD of
each member of the Steering Committee. The ITD Leaders will have a
right to veto any resolution of the Steering Committee of the ITD of
which they are leaders.

2. Composition

Each ITD Steering Committee shall be composed of:

6. Rules

(a)

a chairman — a senior representative of the ITD Leader(s);

(b)

representatives of each Associate within the ITD and other
participating ITD leaders;

(c)

executive Director and ITD Responsible Officer;

Each ITD Steering Committee shall adopt its rules of procedure, based on
a model common to all ITDs and including detailed provisions governing
the exercise of the ITD leaders' rights and obligations, including veto
rights.

Article 9

General Forum

(d)

(e)

Commission representative as appropriate/if requested by the
Executive Director of the Clean Sky Joint Undertaking, as observer;

1. The General Forum is a consultative body to the Clean Sky Joint
Undertaking.

other ITD Leaders with an interest in the results of the ITD upon
invitation.

The General Forum shall be composed of one representative from:

3. Meetings

(a)

each Member of the Clean Sky Joint Undertaking;

Each ITD Steering Committee shall meet at least every three months.

Extraordinary meetings shall be convened at the request of the chairman
of the relevant ITD Steering Committee or the Executive Director.

(b)

each Partner.

2. Meetings

4. Responsibility

The General Forum shall meet at least once a year.

Each ITD Steering Committee shall be responsible for:

(a)

guiding and monitoring the technical functions of its ITD and
taking decisions on behalf of the Clean Sky Joint Undertaking on
all technical matters specific to the relevant ITD;

(b)

establishing the detailed annual work programmes for the ITD;

(c)

defining the contents of the calls for proposals;

Extraordinary meetings shall be convened at the request of at least 30 %
of the General Forum members.

The meetings shall normally take place in Brussels.

3. Roles

The General Forum shall:

(d)

(e)

selecting external partners with the assistance of
experts;

independent

(a)

be informed about the Clean Sky Joint Undertaking state of play;

defining the contents of the calls for tender in conjunction and
cooperation with the Member concerned;

(b)

be informed of the annual budget and receive annual reports and
accounts;

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(c) make recommendations and raise issues, by two-thirds majority
voting, to the Governing Board and the Executive Director on
matters of a technical, managerial or financial nature.

relevance to Clean Sky Joint Undertaking activities. These meetings shall
be called by the Joint Undertaking either on its own initiative or upon
request from the National States Representatives Group.

4. Rules

The General Forum shall adopt its rules of procedure.

The Executive Director and the chairman of the Governing Board and/or
their representatives shall attend the meetings.

Article 10

The National States Representative Group shall adopt
procedure.

its rules of

National States Representative Group

1. Composition

The National States Representative Group shall consist of one
representative of each Member State and of each other country
associated to the Framework Programme. It shall elect a chairman from
among its members.

2. Role and tasks

The National States Representative Group shall have an advisory role for
the Joint Undertaking. It shall,
in particular, review information and
provide opinions on the following topics:

(a)

programme progress in the Clean Sky Joint Undertaking;

(b)

compliance and the meeting of targets;

(c)

updating of strategic orientation;

(d)

links to Framework Programme Collaborative Research;

(e)

the outcome and planning of calls for proposals and tenders;

(f)

involvement of SMEs;

(g)

new applications, accessions and changes to the Membership.

It shall also provide input to the Joint Undertaking on the following:

(a)

(b)

status of and interface to Joint Undertaking activities to relevant
national research programmes and identification of potential areas
of cooperation;

specific measures taken at national level with regard to dissemina-
tion events, dedicated technical workshops and communication
activities.

The National States Representative Group may issue, on its own
initiative, recommendations to the Clean Sky Joint Undertaking on
technical, managerial and financial matters,
in particular when these
affect national interests. The Clean Sky Joint Undertaking shall inform
the National States Representatives Group of the action it has taken in
respect of such recommendations.

Article 11

Internal auditing function

The functions entrusted by Article 185(3) of Regulation (EC, Euratom)
No 1605/2002 to the Commission's internal auditor shall be carried out
under the responsibility of the Governing Board, which shall make
appropriate provision taking into account the size and scope of the Clean
Sky Joint Undertaking.

Article 12

Sources of financing

1. All the resources of the Clean Sky Joint Undertaking shall be devoted
to the objectives of the Clean Sky Joint Undertaking.

2. The resources of the Clean Sky Joint Undertaking shall be made up
of contributions brought in by its Members and their participating
affiliates. A participating affiliate shall be defined as a legal entity that:

(a)

(b)

is directly or indirectly owned or controlled by, or owns and
controls, or is under the same ownership or control, as the relevant
ITD leader or Associate; and

is incorporated and resident in, and subject to the law of, a Member
State of the Community, or an Associated country to the Seventh
Framework Programme; and

(c)

participates in the activities of the relevant ITD Leader or Associate
in the Clean Sky work programme.

3. The running costs of the Clean Sky Joint Undertaking shall be shared
equally between on the one hand the Community, which shall contribute
with 50 % of total cost, and on the other hand the rest of the Members,
that shall contribute in cash the remaining 50 %. The running costs of
the Clean Sky Joint Undertaking shall not exceed 3 % of the overall cash
contribution and of the contributions in kind of the Members and
Partners referred to in Article 13. If part of the contribution from the
Community is not used it may be available for Research Activities
referred to in Article 13.

4. All the resources shall be entered into the annual budget.

3. The National States Representative Group shall meet at least twice a
year and shall be convened by the Joint Undertaking. Extraordinary
meetings can be convened to deal with specific matters of major

5. The annual financial contribution of the Community to the Clean
Sky Joint Undertaking shall be subject to the verification of the activities
carried out by the other Members.

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6.
Should any Member of the Clean Sky Joint Undertaking, or any
participating affiliate, fail to meet its commitments concerning its agreed
contributions, the Governing Board shall decide:

(b)

11 % to the Green Regional Aircraft ITD;

(c)

10 % to the Green Rotorcraft ITD;

— in the case of a defaulting Member, whether the remaining
Members should repeal the defaulting Member's membership or if
any other measures should be taken until its obligation has been
met; or

— in case of a defaulting participating affiliate, whether the remaining
Members should repeal the defaulting affiliate's participation or if
any other measures should be taken until its obligation has been
met.

7. The Clean Sky Joint Undertaking shall own all the tangible assets
created by it or transferred to it. ITDs and other tangible and intangible
outputs of the Clean Sky research and development programme shall be
the property of the Members and/or Partners creating them.

Article 13

Contributions to the activities carried out within the Clean Sky
Joint Undertaking

In order to support the activities to be developed within the Clean
1.
Sky Joint Undertaking, the other Members of
the Clean Sky Joint
Undertaking shall provide resources equal to the Community contribu-
tion. This includes their contribution to the running cost of the Clean
Sky Joint Undertaking.

2. The Community contribution will be distributed as follows:

(a)

An amount of up to EUR 400 million shall be allocated to the ITD
leaders and an amount of up to EUR 200 million to Associates (1).
ITD leaders and Associates will contribute resources at
least
matching the Community contribution.

(b) An amount of at least EUR 200 million shall be allocated to
Partners selected by way of competitive calls for proposals.
Particular attention shall be paid to ensuring adequate participation
of SMEs. The Community financial contribution shall comply with
the upper funding limits of the total eligible costs, laid down by the
Rules of Participation of the Seventh Framework Programme.

To the extent that a call for proposals remains unanswered or
unallocated,
the corresponding tasks
themselves.

the Members shall

fulfil

(d)

27 % to the Sustainable and Green Engines ITD;

(e)

19 % to the Systems for Green Operations ITD;

(f)

7 % to the Eco-Design ITD;

(g)

2 % to the Technology Evaluator.

A detailed breakdown of the resource allocations across the various work
packages and Clean Sky Joint Undertaking Members will be established.
The detailed breakdown will be adopted by the Governing Board. This
process will be supervised by Commission, and will follow the principle
of equal treatment between the members.

In order to implement the Clean Sky programme, the Clean Sky
4.
Joint Undertaking may award grants to its Members, and, in accordance
with open criteria agreed by the Governing Board, to partners and other
entities for the performance of their research activities.

5.
Except for the running costs of the Clean Sky Joint Undertaking,
contributions in kind are possible. They shall be subject to an evaluation
of their value and relevance to the carrying-out of the activities of the
Clean Sky Joint Undertaking, and to acceptance by the Governing Board.
The procedure for valuing contributions in-kind will be determined in
detail and will be adopted by the Governing Board. It will be based on the
following principles:

(a)

the overall approach shall be based on FP7 principles, where
contributions in-kind in projects are assessed at review level;

(b)

the financial rules of the Clean Sky Joint Undertaking shall apply;

(c)

verification by an independent auditor will take place.

6. The contributions of the other Members shall be registered by the
Clean Sky Joint Undertaking.

In order to be considered eligible for Community funding, costs incurred
in the implementation of the research activities shall be exclusive of value
added tax.

Article 14

Financial commitments

3. A preliminary distribution of the Community contribution across
the various research activities has been set forward as follows (2):

The financial commitments of the Clean Sky Joint Undertaking shall not
exceed the amount of financial resources at its disposal or committed to
its budget.

(a)

24 % to the Smart Fixed Wing ITD;

(1) This breakdown of cost distribution is in line with normal practice in
the work and

aeronautical R & D projects, where the biggest share of
investment risk is taken on board by the major integrators.

(2) This distribution was obtained using a bottom-up approach, where the
budgetary requirements of individual ITDs and the Technology Evaluator were
mapped against their technical objectives.

Article 15

Financial revenues

Except when the Clean Sky Joint Undertaking is wound up pursuant to
Article 25, any excess of revenue over expenditure shall not be paid to
the Members of the Clean Sky Joint Undertaking.

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Article 16

Financial year

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

The financial year shall correspond to the calendar year.

Article 17

Financial implementation

The Executive Director shall implement the budget of the Clean Sky Joint
Undertaking.

Article 18

Financial reporting

1.
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 Clean Sky Joint
Undertaking. The Executive Director shall supply the Governing Board
with all supplementary information needed for this purpose.

2. The members of the Governing Board shall communicate to the
Executive Director their comments on the preliminary draft Annual
Budget Plan and in particular on the estimates of revenues and
expenditure for the following year.

3. 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 and submit
to the
Governing Board for approval.

it

4. The Annual Budget Plan and the Annual Implementation Plan for a
particular year shall be adopted by the Governing Board of the Clean Sky
Joint Undertaking by the end of the previous year.

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

Article 19

Planning and reporting

1. An Annual Report shall present the progress made by the Clean Sky
Joint Undertaking every calendar year, in particular in relation to the
Annual Implementation Plan for that year. The Annual Report shall be
presented by the Executive Director together with the annual accounts
and balance sheets. This Annual Report shall include the participation of
SMEs in the R & D activities of the Clean Sky Joint Undertaking.

2. The Annual Implementation Plan shall specify the plan for the
execution of all the activities of the Clean Sky Joint Undertaking for a
particular year, including planned calls for proposals and actions which
should be implemented through calls
tenders. The Annual
Implementation Plan shall be presented by the Executive Director to
the Governing Board together with the Annual Budget Plan. Once
approved by the Governing Board, a publishable version of the Annual
Implementation Plan shall be made publicly available.

for

Article 20

Service and supply contracts

The Clean Sky 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 Clean Sky Joint Undertaking.

Article 21

Liability of Members, Insurance

1. The Members shall have no liability for the debts of the Clean Sky
Joint Undertaking.

2. The Clean Sky Joint Undertaking shall
appropriate insurance.

take out and maintain

Article 22

Conflict of interests

The Clean Sky Joint Undertaking shall avoid any conflict of interest in the
implementation of its activities.

Members involved in defining work that is subject to a call for proposals
or a call for tender, cannot take part in carrying out that work.

Article 23

Intellectual property policy

1. The intellectual property (IP) policy of
the Clean Sky Joint
Undertaking shall be incorporated in the grant agreements concluded
by the Clean Sky Joint Undertaking.

2.
Its objective is to promote knowledge creation and its exploitation,
to achieve fair allocation of rights, to reward innovation, and to achieve a
broad participation of private and public entities responding to calls for
proposals, subject to signature of a grant agreement with the Clean Sky
Joint Undertaking.

3. The IP policy shall be governed by the principles, that each legal
entity having concluded a grant agreement with the Clean Sky Joint
Undertaking shall remain the owner of:

(a)

(b)

information which is held by participants prior to their accession
to the grant agreement, as well as copyrights or other intellectual
property rights pertaining to such information, the application for
which has been filed before their accession to the grant agreement,
and which is needed for carrying out the project or for using the
Foreground of the project (hereafter called Background);

the results,
including information, whether or not they can be
protected, which are generated by the project concerned; such
results include rights related to copyright, design rights, patent
rights or similar forms of protection (hereafter called ‘Foreground).
Jointly developed Foreground shall belong to all participants
developing it if their respective contributions cannot be ascer-

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tained. Unless otherwise agreed each joint owner shall be entitled
to use such jointly developed Foreground free of charge in its own
business and for future research.

24, and 25, shall be adopted in accordance with Article 172 of the
Treaty.

Creators of Foreground shall take reasonable steps to protect it,
in
particular by filing patents. Where such steps are not taken by the creator
or by other participants in the ITD with the creator's consent the Joint
Undertaking itself, acting through the relevant ITD Steering Committee,
may apply for protection.

4. The terms and conditions of access rights and licenses between legal
entities having concluded a grant agreement with the Clean Sky Joint
Undertaking shall be defined in the grant agreement with regards to
Background and Foreground for the purposes of completing the projects,
Foreground for
research use, and Background necessary to use
Foreground for research use.

5.
Subject to appropriate undertakings of confidentiality, the legal
entities having concluded a grant agreement with the Clean Sky Joint
Undertaking shall disclose information relating to Foreground and
disseminate Foreground under terms and conditions defined in the grant
agreement.

Article 24

Amendments to the Statutes

1. Any Member of the Clean Sky Joint Undertaking may take an
initiative to the Governing Board for the amendment of these Statutes.

2. The initiatives referred to in paragraph 1 as approved by the
Governing Board shall be submitted as draft amendments to the
Commission who shall adopt them, as appropriate.

3. However, any amendment affecting the essential elements of these
Statutes and in particular amendments to Articles 3, 4, 6, 7, 12, 13, 21,

Article 25

Liquidation and winding-up

1. At the end of the period provided for in Article 1(1) of
this
Regulation, or following an amendment of this Regulation pursuant to
Article 11(2) of this Regulation, the Clean Sky Joint Undertaking shall be
wound up.

2.
For the purpose of conducting the proceedings in winding up of the
Clean Sky Joint Undertaking, the Governing Board shall appoint one or
more liquidators, who shall comply with the decisions of the Governing
Board.

3. When the Clean Sky 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.

4. When any physical support item has been dealt with as provided in
paragraph 3, any further assets shall be used to cover the liabilities of the
Clean Sky Joint Undertaking and the expenditures relating to its winding
up. Any surplus shall be distributed among the Members existing at the
time of the winding up in proportion of their actual contribution to the
Clean Sky Joint Undertaking. Any surplus distributed to the Community
shall be returned to the Commission budget.

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

6. An ad hoc procedure shall be set up to ensure the appropriate
management of any grant agreement and service and supply contract
the Clean Sky Joint
than the duration of
with duration longer
Undertaking.

4.2.2008

EN

Official Journal of the European Union

L 30/17

ANNEX II

Founding Members of Clean Sky Joint Undertaking (1)

A.

ITD LEADERS:

AgustaWestland

Airbus

Affiliates: Airbus France SAS, Airbus Deutschland GmbH, Airbus Espaňa SL, Airbus UK Limited

Alenia

Affiliates: Alenia Aermacchi SpA, Alenia SIA SpA

Dassault Aviation

EADS-CASA

Eurocopter

Affiliates: Eurocopter Deutschland GmbH

Fraunhofer Gesellschaft

Liebherr

Affiliates: Liebherr-Aerospace Toulouse S.A.S., Liebherr-Elektronik GmbH

Thales

Affiliates: Thales ATM, Thales Systèmes Aéroportés, Thales Avionics Electrical System, Thales Communication, Thales
Air Systems Division UK

Rolls-Royce

Affiliates: Rolls-Royce Deutschland GmbH

SAAB

Safran

Affiliates: Snecma, Turbomeca, Hispano Suiza, Aircelle, Techspace Aero, Snecma Propulsion Solide, Microturbo,
Technofan, Sofrance, Messier Dowty, Messier Bugatti, Labinal, Sagem Sécurité Défense, Snecma Services, SMA

B.

ASSOCIATES

Membership of Clean Sky — Founding Members

Organisation

National State

Cluster(s)

Role

Fiber Optic Sensors & Sensing
Syst.

Belgium

KU Leuven

LMS International

Micromega Dynamics

Belgium

Belgium

Belgium

IGOR

IGOR

IGOR

IGOR

(1)

In addition to the Community and subject to Article 3(1) of the Statutes.

Type

SME

Uni

Ind

SME

L 30/18

EN

Official Journal of the European Union

4.2.2008

Organisation

National State

Cluster(s)

Role

ReFiber ApS

Denmark

RUAG

ITD leader

ITD leader

ITD leader

ITD leader

ITD leader

ITD leader

ITD leader

ITD leader

IGOR

Dassault Aviation

EADS-CCR

InterAC

ONERA

Safran

Thales avionics

Zodiac-ECE/IN

Airbus

EADS IW

Eurocopter

France

France

France

France

France

France

France

France/Ger-
many

France/Ger-
many

France/Ger-
many

Akustik Technolgie Göttingen

Germany

IGOR

DIEHL Aerospace

DLR

EADS-CRC

Fraunhofer GhF

Germany

Germany

Germany

Germany

HADEG Recycling GmbH

Germany

RUAG

Liebherr Aerospace

MTU Aero Engines

TU Hamburg-Harburg

HAI

IAI

AEROSOFT

Alenia Aeronautica

Avio S.p.A.

CIRA

CNR

CSM

DEMA

FOXBIT

Galileo Avionica

IMAST

PIAGGIO

Politech. Torino

Germany

Germany

Germany

Greece

Israel

Italy

Italy

Italy

Italy

Italy

Italy

Italy

Italy

Italy

Italy

Italy

Italy

POLO DELLE S.& T. NAPOLI

Italy

SELEX S.I.

Italy

RUAG

CIRA

Airgreen

Airgreen

CIRA

Airgreen

Airgreen

Airgreen

Airgreen

Airgreen

Type

SME

Ind

Res Cen

SME

Res Cen

Ind

Ind

Ind

Ind

Ind

Ind

SME

Ind

Res Cen

Res Cen

Res Cen

SME

Ind

Ind

Uni

Ind

Ind

SME

Ind

Ind

Res Cen

Res Cen

Res Cen

SME

SME

Ind

Res Cen

Ind

Uni

Uni

Ind

4.2.2008

EN

Official Journal of the European Union

L 30/19

Organisation

National State

Cluster(s)

Role

ITD leader

SICAMB

Univ. Bologna/Forlì

Univ. Piemonte

Univ. Pisa

Univ. Torino

ATR

Agusta Westland

ELSIS

University of Malta

ADSE

Aeronamic

Italy

Italy

Italy

Italy

Italy

Italy/France

Italy/UK

Lithuania

Malta

Netherlands

Netherlands

Airborne Composite

Netherlands

Axxiflex

CCM

DNW

Eurocarbon

HAN University

Netherlands

Netherlands

Netherlands

Netherlands

Netherlands

Airgreen

Airgreen

Airgreen

Airgreen

Airgreen

CIRA

GSAF

GSAF

IGOR

GSAF

IGOR

IGOR

IGOR

MicroFlown Technologies

Netherlands

IGOR, NL

NLR

Sergem

STORK aerospace

Ten Cate Advances Compo-
sites

TNO

TU Delft

Uni. Twente

PZL-Świdnik

INCAS

Aerostar

Avioane Craiova

STRAERO

ANOTEC

EADS Casa

ITP

Saab

Volvo Aero Corporation

Netherlands

IGOR, NL, GSAF

Netherlands

Netherlands

Netherlands

Netherlands

NL

IGOR

NL

Netherlands

IGOR, NL, GSAF

Netherlands

IGOR, NL

Poland

Romania

Rumania

Rumania

Rumania

Spain

Spain

Spain

Sweden

Sweden

CIRA

CIRA

CIRA

CIRA

IGOR

ITD leader

ITD leader

EPFL Ecole Polytechnique Lau-
sanne

Switzerland

ETH Zurich

Switzerland

RUAG

RUAG

Type

SME

Uni

Uni

Uni

Uni

Ind

Ind

SME

Uni

SME

SME

SME

SME

Ind

Res Cen

Ind

Uni

SME

Res Cen

SME

Ind

Ind

Res Cen

Uni

Uni

Ind

Res Cen

Ind

Ind

Res Cen

SME

Ind

Ind

Ind

Ind

Uni

Uni

L 30/20

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Official Journal of the European Union

4.2.2008

Organisation

National State

Cluster(s)

Role

Huntsman Advanced Materials

Switzerland

Icotec AG

RUAG Aerospace

University of Applied Sciences
NW Switzerland

Advanced Composites Group
(ACG)

Nottingham University

QinetiQ

Rolls-Royce

University of Cranfield

Switzerland

Switzerland

Switzerland

UK

UK

UK

UK

UK

RUAG

RUAG

RUAG

RUAG

RUAG

GSAF

ITD leader

Type

Ind

SME

Ind

Uni

SME

Uni

Res Cen

Ind

Uni