Proposal for a COUNCIL REGULATION Amending Regulation (EC) No 723/2009 concerning the Community legal framework for a European Research Infrastructures Consortium (ERIC)
Date: 2012-12-03
Institutions: European Commission
Subjects: consortium, legal status, operation of the Institutions, research body, research programme

EUROPEAN 
COMMISSION 

Brussels, 3.12.2012  
COM(2012) 682 final 

2012/0321 (NLE) 

Proposal for a 

COUNCIL REGULATION 

Amending Regulation (EC) No 723/2009 concerning the Community legal framework 
for a European Research Infrastructures Consortium (ERIC) 

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EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

The  ERIC  Regulation1  was  adopted  by  Council  in  2009  to  facilitate  the  establishment  and 
operation of European research infrastructures on a non-economic basis. With the Regulation 
a  new  legal  instrument  was  created  at  EU  level  for  establishing  European  research 
infrastructures with a legal personality recognized in all Member States. Many of the projects 
included in the European Strategy Forum on Research Infrastructures (ESFRI) Roadmap, are 
planning  to  use  the  ERIC  as  the  legal  instrument  to  implement  and  operate  the  research 
infrastructure.  

The ERIC Regulation provides in Article 9(1) for a distinction and a difference in treatment 
between Member States, associated countries, third countries other than associated countries 
and  intergovernmental  organisations.  An  ERIC  needs  at  least  three  Member  States  as 
members (Article 9(2)) and Member States shall jointly hold the majority of the voting rights 
in the assembly of members (Article 9(3)). An ERIC however, may be hosted by a Member 
State or an associated country (Article 8(1)). 

Associated  countries  and  in  particular  Norway,  have  indicated  strongly  that  they  intend  to 
contribute as host or member to a significant number of ERICs that are in preparation if they 
would have voting rights as do EU Member States in an ERIC, especially when they would be 
host of an ERIC and thus provide substantial contributions to its activities.  

The objective of the proposed amendment of the ERIC Regulation is to avoid that associated 
countries  would  not  be  able  to  become  host  or  member  of  an  ERIC  because  in  the  current 
situation, their voting rights do not potentially reflect their financial support to ERIC projects. 

• 

General Context 

Until now no associated countries or third states other than associated countries have become 
member  of  an  ERIC.  In  view  of  the  Innovation  Union  commitment  to  complete  or  launch 
construction  by  2015  of  60%  of  the  priority  infrastructures  of  pan-European  interest  in  the 
ESFRI  roadmap  it  is  important  that  associated  countries  could  also  be  fully  involved  in  the 
establishment  and  operation  of  ERICs  as  a  member  or  host  and  contribute  to  these 
infrastructures.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The  Commission  Impact  Assessment  that  was  performed  when  the  ERIC  Regulation  was 
proposed  for  adoption  by  Council  will  not  be  changed  by  the  proposed  limited  technical 
amendments of the ERIC Regulation. 

1 

Council  Regulation  (EC)  No  723/2009  –  Community  Legal  Framework  for  a  European  Research 
Infrastructure Consortium (ERIC)  

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3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The proposed amendment of the ERIC Regulation concerns solely Article 9 paragraphs 2 and 
3  in  which  it  is  proposed  that  a  minimum  of  one  Member  State  together  with  at  least  two 
Member States or associated countries is necessary for establishing an ERIC. Furthermore it 
is  proposed  that  Member  States  or  associated  countries  shall  hold  jointly  the  majority  of 
voting rights in the general assembly. No other changes are proposed. 

4. 

BUDGETARY IMPLICATION 

The  proposed  amendment  of  the  ERIC  Regulation  has  no  budgetary  implications  for  the 
Union or for the Member States. 

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2012/0321 (NLE) 

Proposal for a 

COUNCIL REGULATION 

Amending Regulation (EC) No 723/2009 concerning the Community legal framework 
for a European Research Infrastructures Consortium (ERIC) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 187 and 188 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legal act to the national Parliaments, 

Having regard to the opinion of the European Parliament2, 

Having regard to the opinion of the European Economic and Social Committee3, 

Having regard to the opinion of the Committee of the Regions4, 

Whereas: 

(1) 

(2) 

Council  Regulation  (EC)  No  723/2009  of  25  June  2009  on  the  Community  Legal 
Framework for a European Research Infrastructure Consortium (ERIC) 5 establishes a 
legal  framework  laying  down  the  requirements  and  procedures  for  and  the  effect  of 
setting-up a European Research Infrastructure Consortium.  

The  support  and  development  of  research  infrastructures  in  Europe  has  been  an 
ongoing objective of the Community, as last reflected in 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 and in particular 
in  Council  Decision  No 2006/974/EC  of  19 December 2006  on 
the  specific 
programme "Capacities"7. 

(3) 

The  European  Strategy  Forum  on  Research  Infrastructures  (ESFRI)  and  the  e-
Infrastructure  Reflection  Group  (e-IRG)  have  produced  and  updated  the  first  ever 
European Roadmap for Research Infrastructures.  

2 
3 
4 
5 
6 
7 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 206, 8.8.2009, p.1 
OJ L 412, 30.12.2006, p.1. 
OJ L 54, 22.2.2007, p.101. 

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(4) 

Since the entry into force of the Community legal framework for a European Research 
Infrastructure Consortium (ERIC) in 2009, two European research infrastructures have 
been awarded ERIC status. 

(5)  Membership  of  an  ERIC  is  open  to  Member  States,  associated  countries,  third 
countries other than associated countries and intergovernmental organisations. 

(6) 

(7) 

Associated countries play an integral role in the preparation and the implementation of 
European  research  infrastructures  and  should  be  able  to  participate  in  ERIC's  on  the 
same  footing  as  Member  States,  as  they  contribute  to  the  scientific  excellence  of 
Union  research  and  to  the  competitiveness  of  the  Union's  economy  through  their 
support.  

In  order  to  facilitate  the  participation  of  associated  countries  in  ERIC's,  Article  9(2) 
and (3) of Regulation (EC) No 723/2009 should be amended so that the contributions 
of the  associated  countries can be fully reflected in terms  of  membership  and  voting 
rights,  

HAS ADOPTED THIS REGULATION: 

Article 1 

Article 9(2) and (3) of Regulation (EC) No 723/2009 are replaced by the following: 

"2. An ERIC shall have one Member State and at least two other Member States or associated 
countries as members. Further Member States or associated countries may join as members at 
any time on fair and reasonable terms specified in the Statutes and as observers without voting 
rights on conditions specified in the Statutes. Third countries other than associated countries 
as well as intergovernmental organisations may also become members of an ERIC, subject to 
approval  by  the  assembly  of  members,  referred  to  in  Article  12(a),  in  accordance  with  the 
conditions and procedure for changes in membership laid down in its Statutes. 

3. Member States or associated countries shall hold jointly the majority of the voting rights in 
the assembly of members. For an ERIC hosted by a Member State, proposals for amending its 
Statutes shall require the agreement of the majority of the Member States that are member of 
the ERIC.     

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Article 2 

This Regulation shall enter into force on the 20th 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 the Member States in 
accordance with the Treaties. 

Done at Brussels,  

For the Council 
The President 

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