Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2019/0151(COD)**

**OUTCOME OF PROCEEDINGS**

From: General Secretariat of the Council

To: Delegations

No. prev. doc.: 14325/19+ADD1-2

No. Cion doc.: 11228/19+ADD1

**Brussels, 2 December 2019**
**(OR. en)**

**14658/1/19**
**REV 1**

**RECH 512**
**COMPET 779**
**EDUC 469**
**CODEC 1710**

Subject: Regulation on European Institute of Innovation and Technology (EIT)

_Partial general approach_

Delegations will find attached the text of the partial general approach on the Regulation on the

European Institute of Innovation and Technology (EIT), as adopted by the Council

(Competitiveness) at its meeting on 29 November 2019.

Changes in comparison to the previous document (doc.14325/19) are in indicated in **bold**

**underlined** for additions and ~~strikethrough~~ for deletions.

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**ANNEX**

Proposal for a

**REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL**

**on the European Institute of Innovation and Technology (recast)**

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Article 173(3) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee **[1]**,

Having regard to the opinion of the Committee of the Regions **[2]**,

Acting in accordance with the ordinary legislative procedure,

Whereas:

HAVE ADOPTED THIS REGULATION:

**1** OJ C […], […], p. […].
**2** OJ C […], […], p. […].

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_Article 1_

**Subject matter**

A European Institute of Innovation and Technology (‘EIT’) is established.

_Article 2_

**Definitions**

For the purpose of this Regulation, the following definitions shall apply:

(1) ‘innovation’ means the process, including its outcome, by which new ideas respond to

societal, environmental or economic needs and demand and generate new products, processes,

services or business and organisational models that are successfully introduced into an

existing market or that are able to create new markets and that provide value to society;

(2) ‘Knowledge and Innovation Community’ (KIC) means large-scale European partnership as

referred to in Horizon Europe, of higher education institutions, research organisations,

companies and other stakeholders in the innovation process in the form of a strategic network,

regardless of its precise legal form, based on joint mid- to long-term innovation planning to

meet the EIT challenges and contribute to attaining the objectives established under Horizon

Europe;

(3) ‘partner organisation’ means any legal entity which is a member of a KIC and may include, in

particular, higher education institutions, vocational education and training providers, research

organisations, public or private companies, financial institutions, regional and local

authorities, foundations and non-profit organisations;

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(4) ‘research organisation’ means any public or private legal entity which undertakes research or

technological development as one of its main objectives;

(5) ‘higher education institution’ means a university or any type of higher education institution

which, in accordance with national legislation or practice, offers degrees and diplomas in

particular at masters or doctoral level, irrespective of its denomination in the national context;

(6) ‘EIT Community’ means the EIT and the active community of all individuals and legal

entities which benefited or benefit from the EIT support or financial contribution;

(7) ‘Strategic Innovation Agenda’ (‘SIA’) means an act setting out the priority fields and the

strategy of the EIT for future initiatives, its capacity to generate the best innovation added

value, objectives, key actions, its mode of operation, expected results and resources needed

covering Horizon Europe and the MFF;

(8) ‘Regional Innovation Scheme’ (‘RIS’) means scheme fostering knowledge triangle integration

and the innovation capacity of countries, in particular by attracting and integrating new

partners into the KICs;

(8a) Member States' Representatives Group means a group of representatives from Member States

and associated countries that is informed of the performance, achievements and activities, in

particular on results of monitoring and evaluation, of the EIT and the KICs and gives advice

on strategically important issues to, and shares experience with, them.

(9) ‘Stakeholder Forum’ means a platform open to representatives of Union institutions, national,

regional and local authorities, organised interests and individual entities from business, higher

education, research, associations, civil society and cluster organisations, as well as other

interested parties from across the knowledge triangle;

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(10) ‘KIC business plan’ means a document describing the objectives, the ways to achieve them

and the expected results of the KIC for the relevant period, as well as the planned KIC added

value activities and the related financial needs and resources and is annexed to the grant

agreement;

(11) ’KIC added-value activities’ means activities carried out by partner organisations in

accordance with the KIC business plan, contributing to the integration of the knowledge

triangle of higher education, research and innovation, including the establishment,

administrative and coordination activities of the KICs, and contributing to the overall

objectives of the EIT;

(12) ‘memorandum of co-operation’ means an agreement between the EIT and a KIC, without any

financial contribution from the EIT, aimed at keeping a KIC as an active member of the EIT

Community after the end date of the framework partnership agreement, and which ~~may~~

includes the conditions for access to EIT competitive calls for some specific activities;

(13) ‘financial sustainability’ means a capacity of a KIC to finance its knowledge triangle activities

independently of contributions from the EIT.

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_Article 3_

**Mission and objectives**

The EIT’s mission is to contribute to sustainable Union economic growth and competitiveness by

reinforcing the innovation capacity of all Member States and the Union in order to address major

challenges faced by the society. It shall do this by promoting synergies, integration and cooperation

among higher education, research and innovation of the highest standards, including by fostering

entrepreneurship, thereby strengthening the innovation ecosystems in an open and transparent

manner.

For the budget period of 2021-2027, the EIT shall contribute to deliver on the general and specific

objectives of Horizon Europe taking fully into account the strategic planning.

_Article 4_

**SIA**

1. The SIA shall define the priority fields and strategy for the EIT for the seven-year

period concerned, in line with the objectives and priorities of Horizon Europe, and shall

include an assessment of its socioeconomic impact and its capacity to generate the best

innovation added-value. The SIA shall be aligned with reporting, monitoring and evaluation

and other requirements of Horizon Europe and shall take into account the results of the

monitoring and evaluation of the EIT as referred to in Article 19.

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2. The SIA shall take into account the strategic planning of Horizon Europe ensuring coherence

with the challenges of that programme, as well as complementarity with the EIC established

under Horizon Europe, and shall establish and foster appropriate synergies and

complementarities between the EIT activities and other relevant Union, national and regional

programmes supporting research and innovation, education and skills development,

sustainable and competitive industry, entrepreunership, and regional development.

3. The SIA shall include an estimate of financial needs and sources in view of the future

operation, long-term development and funding of the EIT. It shall also contain an indicative

financial plan covering the period of respective MFF.

4. The EIT shall submit its contribution to the Commission’s proposal on the SIA.

5. Acting on the proposal from the Commission, the European Parliament and the Council shall

adopt the SIA in accordance with Article 173(3) of the Treaty on the Functioning of the

European Union.

_Article 5_

**EIT Governance**

1. The bodies of the EIT shall be:

(a) a Governing Board composed of high-level members experienced in education,

research, innovation and business. It shall be responsible for steering the activities of the

EIT, for the selection, designation, financing, monitoring and evaluation of the KICs,

and for all other strategic decisions;

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(b) an Executive Committee composed of selected members and the Chairperson of the

Governing Board. It shall assist the Governing Board in the performance of its tasks and

prepare the Governing Board meetings in cooperation with the Director;

(c) a Director, appointed by the Governing Board, who shall be the legal representative of

the EIT and responsible for the implementation of Governing Board decisions, the EIT

operations and day-to-day management;

(d) an Internal Auditing Function, operating in complete independence and in compliance

with the relevant international standards, which shall advise the Governing Board and

the Director on financial and administrative management and control structures within

the EIT, on the organisation of financial links with KICs and on any other subject

requested by the Governing Board.

1a. A Member States' Representatives Group is composed of one representative from each

Member State and associated country. It shall give advice to the Governing Board and the

Director on strategically important issues.

2. The detailed provisions regarding the EIT governance are set out in the Statutes of the EIT,

annexed to this Regulation.

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_Article 6_

**Tasks**

In order to achieve its mission and objectives, the EIT shall in particular:

(a) identify, in accordance with the SIA, its main priorities and activities, and implement these in

accordance with the applicable rules and provisions of Horizon Europe;

(b) ensure openness to and raise awareness among potential new partner organisations and

encourage their participation in its activities across the Union, including through the RIS, by

building on existing networks of information and structures;

(c) select and designate KICs in the priority fields in accordance with Article 9 and define their

rights and obligations by framework partnership agreements and grant agreements, supervise

and provide them with appropriate support and strategic guidance, by appropriate quality

control measures, and closely monitor on an annual basis and periodically evaluate their

activities, and take corrective measures when appropriate;

(d) ensure an appropriate level of coordination and facilitate communication and thematic

cooperation between the KICs and launch calls for cross-KIC activities and shared services;

(e) strengthen the promotion outside the EIT Community of EIT-labelled degrees and diplomas

which are awarded by participating higher education institutions and extend them to lifelong

learning programmes;

(f) promote the dissemination of best practices for the integration of the knowledge triangle,

including among KICs and across the Union inter alia through the EIT RIS, in order to

develop a common innovation and knowledge transfer culture;

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(g) foster excellence in higher education, research and innovation, in particular by promoting the

KICs as excellent innovation partners;

(h) promote multidisciplinary approaches to innovation, including the integration of

technological, social and non-technological solutions, organisational approaches and new

business models;

(i) ensure complementarity and synergy between EIT activities and other Union programmes,

where appropriate;

(j) organise regular meetings of a Stakeholder Forum to inform about the activities of the EIT, its

experiences, best practices and contribution to Union innovation, research and education

policies and objectives, as well as other Union policies and objectives when relevant, and to

allow stakeholders to express their views;

(k) organise meetings of a Member States’ Representatives Group, at least twice a year,

independently from the meetings of the Stakeholder Forum. The Member States’

Representatives Group shall also facilitate appropriate synergies and complementarities

between EIT and KIC activities with national programmes and initiatives, including the

potential national co-financing of KIC activities;

(l) design and coordinate support actions undertaken by the KICs for the development of

entrepreneurial and innovation capacity of higher education institutions and their integration

in innovation ecosystems.

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_Article 7_

**KICs**

1. KICs shall in particular undertake:

(a) innovation activities and investments with European added value, including facilitating

the creation of innovative start-ups and development of innovative businesses in

complementarity with the EIC and InvestEU, fully integrating the higher education and

research dimensions to attain a critical mass and stimulating the dissemination and

exploitation of results;

(b) innovation-driven research, experimentation, prototyping and demonstration in areas of

key economic, environmental and societal interest and drawing on the results stemming

from Union and national research, with the potential to strengthen the

Union’s competitiveness at international level and find solutions for the major

challenges faced by European society;

(c) education and training activities in particular at masters and doctoral level, as well as

professional training courses, in areas with the potential to meet future European socio

economic needs and which expand the Union’s talent base, promote the development of

innovation-related skills, the improvement of managerial and entrepreneurial skills and

the mobility of researchers and students, and foster knowledge-sharing, mentoring and

networking among the recipients of EIT education and training activities, including

EIT-labelled ones;

(d) outreach activities and the dissemination of best practices in the field of innovation with

a focus on development of cooperation between higher education, research and

business, including the service and financial sectors;

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(e) to seek synergies and complementarities between KIC activities and existing European,

national and regional programmes, and cooperate with other European Partnerships

where appropriate;

(f) to mobilise funds from public and private sources. They shall in particular seek to raise

an increasing proportion of their budget from private sources and from income

generated by their own activities, in accordance with Article 17.

2. Without prejudice to the framework partnership agreements and grant agreements between the

EIT and the KICs, the KICs shall have substantial autonomy to define their internal

organisation and composition, as well as their agenda and working methods, as long as these

result in progress towards achieving the KICs' and the EIT's objectives, while taking into

account the strategic plan and the strategic directions of the EIT set out in the SIA and by the

Governing Board. In particular, KICs shall:

(a) establish internal governance arrangements which reflect the knowledge triangle of

higher education, research and innovation;

(b) ensure and promote their openness through clear and transparent accession criteria,

including through open calls, to all potential new partner organisations across the Union

that add value to the partnership;

(c) function in an open and transparent way;

(d) establish and implement the KIC business plans;

(e) establish and implement strategies for achieving financial sustainability.

3. The relationship between the EIT and each KIC shall be based on framework partnership

agreements, grant agreements or, subject to the provisions of Article 11(4), memoranda of

cooperation.

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_Article 8_

**Rules for participation and dissemination**

The rules for participation and dissemination of Horizon Europe shall apply. By way of derogation

from those rules:

(a) the minimum conditions to form a KIC are set out in Article 9(3) and (4) of this

Regulation;

(b) specific rules on ownership, access rights, exploitation and dissemination may apply for

KIC added-value activities.

_Article 9_

**Selection of KICs**

1. A partnership shall be selected and designated by the EIT to become a KIC following a

competitive, open and transparent procedure. The conditions and criteria of Horizon Europe,

as well as for the selection of European partnerships, shall apply. The EIT Governing Board

may further specify those criteria, by adopting and publishing criteria for the selection of

KICs based on the principles of excellence and innovation relevance.

2. The EIT shall launch the selection and designation of KICs according to the priority fields and

time schedule defined in the SIA, taking into account the priorities as defined in the strategic

planning of Horizon Europe.

3. The minimum condition to form a KIC is the participation of at least three independent

partner organisations, established in at least three different Member States.

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4. In addition to the condition set out in paragraph 3, at least two thirds of the partner

organisations forming a KIC shall be established in the Member States. At least one higher

education institution, one research organisation and one private company shall be part of each

KIC.

5. The EIT shall adopt and publish criteria and procedures for financing, monitoring and

evaluating the activities of the KICs prior to the launching of the selection procedure for new

KICs. The Member States’ Representatives Group shall be promptly informed of them.

_Article 10_

**Principles for the evaluation and monitoring of KICs**

The EIT shall, on the basis of indicators and monitoring provisions set out, inter alia, in Horizon

Europe and in the SIA, and in close cooperation with the Commission, organise continuous

monitoring and periodic external evaluations of the output, results and impact of each KIC. In the

context of such monitoring and evaluation, the EIT shall monitor KICs progress towards financial

sustainability, cost-efficiency and openness to new members. The results of such monitoring and

evaluations shall be reported to the European Parliament and to the Council and shall be made

public.

_Article 11_

**Duration, continuation and termination of framework partnership agreement**

1. By way of derogation from Article 130(4)(c) of the Financial Regulation, the EIT may

establish a framework partnership agreement with a KIC for an initial period of seven years.

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1.a Based on the annual monitoring of the KICs, in accordance with Article 10, the EIT under the

supervision of the Governing Board shall prepare interim reviews of the KICs performance

and activities covering the first three years of the framework partnership agreement and, in the

case of extension, three years following its extension.

2. Subject to positive performance, the interim review and the outcome of a comprehensive

assessment with support of external experts before the expiry of the initial period of seven

years, and after consulting with the Member States' Representatives Group, the Governing

Board may decide to extend the framework partnership agreement with a KIC beyond the

initial period for another period of a maximum of seven years or to discontinue the EIT’s

financial contribution and not to extend the framework partnership agreement. The Governing

Board shall take into account in particular the criteria of Horizon Europe for implementation,

monitoring and evaluation of the European Partnerships, the achievement of the goals set by

the KIC itself, the KIC’s coordination efforts with other relevant research and innovation

initiatives, achieved level of financial sustainability of a KIC, its capacity to ensure openness

to new members and its achievement in attracting new members, within the limits of the

Union financial contribution referred to in Article 20, the EU added value and relevance with

regard to the objectives of the EIT.

3. In the event that the monitoring, the interim reviews or the comprehensive assessment of a

KIC show inadequate progress in areas referred to in Article 10 or lack of European added

value, the Governing Board shall take appropriate corrective measures, including the

reduction, modification or withdrawal of the EIT’s financial contribution or the termination of

the framework partnership agreement.

4. Subject to the outcome of a final review before the expiry of the extended framework

partnership agreement, the EIT may conclude a memorandum of cooperation with a KIC.

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_Article 12_

**Degrees and diplomas**

1. Degrees and diplomas relating to the higher education activities referred to in point (c) of

Article 7(1) shall be awarded by participating higher education institutions in accordance with

national rules and accreditation procedures. The framework partnership agreements and

grant agreements between the EIT and the KICs shall provide that these degrees and diplomas

may also be labelled EIT degrees and diplomas.

2. The EIT shall encourage participating higher education institutions to:

(a) award joint or multiple degrees and diplomas, reflecting the integrated nature of the

KICs. However, these may also be awarded by a single higher education institution;

(b) disseminate best practices on horizontal issues;

(c) take into account:

(i) Union action undertaken in accordance with Articles 165 and 166 of the Treaty;

(ii) action undertaken in the context of the European Higher Education Area.

_Article 13_

**Operational independence of the EIT and consistency with Union, Member State or**

**intergovernmental action**

1. The EIT shall carry out its activities independently of national authorities and external

pressures, while being consistent through coordination with other action and instruments to be

implemented at Union level, in particular in the fields of higher education, research and

innovation.

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3. The EIT shall also seek synergies and complementarities by taking appropriate account of

policies and initiatives at regional, national and intergovernmental levels in order to make use

of best practices, well established concepts and existing resources.

_Article 14_

**Legal status**

1. The EIT shall be a Union body and shall have legal personality. In each of the Member States,

it shall enjoy the widest possible legal capacity accorded to legal persons under national

legislation. In particular, it may acquire or dispose of movable and immovable property and

be a party to legal proceedings.

2. Protocol No 7 on the Privileges and Immunities of the European Union shall apply to the EIT.

_Article 15_

**Liability**

1. The EIT shall be solely responsible for meeting its obligations.

2. The contractual liability of the EIT shall be governed by the relevant contractual provisions

and the law applicable to the contract in question. The Court of Justice shall have jurisdiction

pursuant to any arbitration clause contained in a contract concluded by the EIT.

3. In the case of non-contractual liability, the EIT shall, in accordance with the general

principles common to the laws of the Member States, make good any damage caused by it or

its servants in the performance of their duties.

The Court of Justice shall have jurisdiction in any dispute relating to compensation for such

damage.

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4. Any payment by the EIT for covering the liability referred to in paragraphs 2 and 3 and the

costs and expenses incurred in connection therewith shall be considered expenditure of the

EIT and shall be covered by the resources of the EIT.

5. The Court of Justice shall have jurisdiction in actions brought against the EIT under the

conditions provided for in Articles 263 and 265 of the Treaty.

_Article 16_

**Transparency and access to documents**

1. The EIT and the KICs shall ensure that their activities are conducted with a high level of

transparency. In particular, the EIT and the KICs shall set up an accessible, free website

providing information about their activities and opportunities they provide.

1.a Detailed information on the monitoring and evaluation processes and results from all calls for

proposals issued by EIT or its KICs is to be made available timely and made accessible in the

common database of Horizon Europe.

2. The EIT shall make public its rules of procedure, its specific financial rules referred to in

Article 22(1) and the detailed criteria for the selection of the KICs referred to in Article 9

before issuing calls for proposals for the selection of the KICs.

3. The EIT shall make public without delay its single programming document and consolidated

annual activity report referred to in Article 18.

4. Without prejudice to paragraphs 5 and 6, the EIT shall not divulge to third parties confidential

information it has received for which confidential treatment has been requested and is

justified.

5. The members of the EIT bodies shall be subject to the confidentiality requirement referred to

in Article 339 of the Treaty.

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The information gathered by the EIT in accordance with this Regulation shall be subject to

Regulation (EU) 2018/1725 of the European Parliament and of the Council **[3]** .

6. Regulation (EC) No 1049/2001 of the European Parliament and of the Council **[4]** shall apply to

the documents held by the EIT.

7. Council Regulation No 1 of 15 April 1958 **[5]** shall apply to the EIT. The translation services

required for the functioning of the EIT shall be provided by the Translation Centre for bodies

of the European Union, set up by Council Regulation (EC) No 2965/1994 **[6]** .

_Article 17_

**Financing of the KICs**

1. The KICs shall be financed, in particular, from the following sources:

(a) contributions from partner organisations, forming a substantial source of funding;

(b) voluntary contributions from Member States, associated countries or third countries or

public authorities within them;

(c) contributions from international bodies or institutions;

**3** Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October
2018 on the protection of natural persons with regard to the processing of personal data by
the Union institutions, bodies, offices and agencies and on the free movement of such data,
and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC.(OJ L 295,
21.11.2018, p. 39).
**4** Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May
2001 regarding public access to European Parliament, Council and Commission documents
(OJ L 145, 31.5.2001, p. 43).
**5** Council Regulation No 1 of 15 April 1958 determining the languages to be used by the
European Economic Community (OJ 17, 6.10.1958, p. 385/58).
**6** Council Regulation (EC) No 2965/1994 of 28 November 1994 setting up a Translation
Centre for bodies of the European Union (OJ L 314, 7.12.1994, p. 1).

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(d) revenue generated by the KICs’ own assets and activities and royalties from intellectual

property rights;

(e) capital endowments;

(f) bequests, donations and contributions from individuals, institutions, foundations or any

other bodies established under national law;

(g) the financial contribution from the EIT;

(h) financial instruments, including those funded from the general budget of the Union.

2. The modalities for accessing funding from the EIT shall be defined in the financial rules of

the EIT referred to in Article 22(1).

3. Budgetary commitments for actions extending over more than one financial year may be

broken down over several years into annual instalments, subject to adequate monitoring of

estimated financial needs of the KICs to be established on an annual basis.

4. The EIT financial contribution to the KICs may cover up to 100 % of the total eligible costs

of KIC added-value activities in the initial stages of the KIC life. Such contribution shall

gradually decrease over time in compliance with the funding rates defined in the SIA.

5. The KICs or their partner organisations may apply for Union financial contribution, in

particular in the framework of Union programmes and funds, in accordance with their

respective rules. In that case, such contribution shall not cover the same costs already funded

under another Union programme.

6. Contributions from partner organisations to the financing of the KICs shall be determined in

accordance with the funding rates refered to in paragraph 4 of this Article and reflect the KICs

strategy for achieving financial sustainability.

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7. The EIT shall establish a performance-based allocation mechanism for granting its financial

contribution to the KICs. It shall include assessing the KICs’ business plans and performance

as measured by continuous monitoring in accordance with Article 10 and as described in the

SIA.

_Article 18_

**Programming and reporting**

1. The EIT shall adopt a single programming document based on the SIA, in accordance with its

financial rules, containing the following:

(a) a statement of the major priorities and planned initiatives of the EIT and the KICs;

(b) an estimate of financing needs and sources;

(c) appropriate indicators for monitoring the KICs and EIT activities using an impact

oriented approach;

(d) other components as laid down in its financial rules.

2. The EIT shall adopt a consolidated annual activity report, which shall include comprehensive

information on the activities conducted by the EIT and the KICs during the preceding

calendar year and on the EIT’s contribution to the objectives of Horizon Europe, and to the

Union innovation, research and education policies and objectives. It shall also assess the

results with respect to the objectives, indicators and timetable set, the risks associated with the

activities carried out, the use of resources and the general operation of the EIT. The

consolidated annual activity report shall include further comprehensive information in

accordance with the EIT’s financial rules.

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_Article 19_

**Monitoring and evaluation of the EIT**

1. The EIT shall ensure that its activities, including those managed through KICs, shall be

subject to continuous and systematic monitoring and periodic independent evaluation in

accordance with its financial rules, to ensure both the highest quality of outcome, scientific

excellence and the most efficient use of resources. The outcomes of the monitoring and of the

evaluations shall be made public.

2. The Commission shall provide for evaluations of the EIT with the assistance of external

independent experts selected on the basis of a transparent process in accordance with its

financial rules. Those evaluations shall examine how the EIT fulfils its mission and

objectives, cover all activities of the EIT and the KICs and assess the European added value

of the EIT, the impact across the Union, openness, effectiveness, sustainability, efficiency and

relevance of the activities pursued and their coherence and/or complementarity with relevant

national and Union policies, including synergies with other parts of Horizon Europe. They

shall take into account the views of stakeholders, at both European and national level and feed

into the Commission programme evaluations provided for in Horizon Europe.

3. The Commission may carry out further evaluations of themes or topics of strategic relevance,

with the assistance of external independent experts selected on the basis of a transparent

process, to examine the progress made by the EIT towards the objectives set, identify the

factors contributing to the implementation of the activities and identify best practices. By

carrying out those further evaluations, the Commission shall fully consider the administrative

impact on the EIT and the KICs.

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4. The Commission shall communicate the results of the evaluations, accompanied by its

observations, to the European Parliament, the Council, the European Economic and Social

Committee and the Committee of the Regions. The Governing Board shall take due account

of the findings of evaluations in the programmes and operations of the EIT.

_Article 20_

**EIT budget**

1. The revenue of the EIT shall consist of a contribution from the Union. The revenue of the EIT

may also include a contribution from other private and public sources.

The Union contribution shall be provided through a financial contribution from Horizon

Europe set at [EUR 3 000 000 000] during the period from 1 January 2021 to 31 December

2027. Additional financial resources from other Union programmes may be received by the

EIT.

2. The EIT financial contribution to the KICs shall be provided from the Union contribution

referred in paragraph 1.

_Article 21_

**Preparation and adoption of the annual budget**

1. The content and structure of the budget of the EIT shall be established in accordance with its

financial rules. The expenditure of the EIT shall include the staff, administrative,

infrastructure and operational expenses. Administrative expenditure shall be kept to a

minimum. Revenue and expenditure shall be in balance.

2. The Director shall draw up an estimate of the revenue and expenditure of the EIT for the

following financial year and shall forward it to the Governing Board.

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3. The Governing Board shall adopt the draft estimate of EIT’s revenue and expenditure,

accompanied by a draft establishment plan, and forward them as a part of the single

programming document by the date specified in the EIT’s financial rules to the European

Parliament, the Council and the Commission.

4. The Governing Board shall adopt the EIT budget, which shall become final following the

final adoption of the general budget of the European Union. Where appropriate, it shall be

adjusted accordingly.

5. The Governing Board shall, as soon as possible, notify the budgetary authority of its intention

to implement any project which may have significant financial implications for the funding of

the EIT budget, in particular any projects relating to property such as the rental or purchase of

buildings. It shall inform the Commission thereof.

6. Any substantial modification of the budget shall follow the same procedure.

_Article_ 22

**Implementation and control of the budget**

1. The EIT shall adopt its financial rules in accordance with Article 70(3) of the Financial

Regulation. Appropriate consideration shall be given to the need for adequate operational

flexibility in order to enable the EIT to achieve its objectives and attract and retain private

sector partners.

2. The financial contribution to the EIT from Horizon Europe and other Union programmes shall

be implemented in accordance with the rules of those programmes.

3. The Director shall implement the budget of the EIT.

4. The accounts of the EIT shall be consolidated with the Commission’s accounts.

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_Article 23_

[ **Protection of the financial interests of the** **Union**

1. With a view to combating fraud, corruption and other illegal acts, Regulation (EU, Euratom)

No 883/2013 of the European Parliament and of the Council [7 ] shall apply to the EIT in its

entirety.

2. The EIT shall accede to the Interinstitutional Agreement of 25 May 1999 between the

European Parliament, the Council of the European Union and the Commission of the

European Communities concerning internal investigations by the European Anti-fraud Office

(OLAF) **[8]** . The Governing Board shall formalise this accession and adopt the necessary

measures to help OLAF carry out internal investigations.]

_Article 24_

**Winding up of the EIT**

In the event of the EIT being wound up, its liquidation shall take place under the supervision of the

Commission in accordance with the applicable laws. The framework partnership agreements or

grant agreements with the KICs shall lay down the appropriate provisions in such situation.

_Article 25_

**Statutes**

The Statutes of the EIT are set out in Annex I.

**7** Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of
11 September 2013 concerning investigations conducted by the European Anti-Fraud Office
(OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the
Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
**8** OJ L 136, 31.5.1999, p. 15.

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_**Article 25a**_

**Review clause**

**By [31 December 2026], the Commission shall, based on the results of the evaluations referred to**

**in Article 19(2) and (3), submit, where appropriate, any proposals for amendments to this**

**Regulation which it considers necessary, in particular in relation to the EIT's mission and**

**objectives and with a view to extend the EIT budget beyond the period specified in [Article 3 and**

**Article 20] in accordance with the relevant Union framework programme for research and**

**innovation.**

_Article 26_

**Repeal**

Regulation (EC) No 294/2008 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall

be read in accordance with the correlation table in Annex III.

_Article 27_

**Entry into force**

This Regulation shall enter into force on the twentieth 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 European Parliament_ _For the Council_

The President The President

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**ANNEX**

**ANNEX I**

_Statutes of the European Institute of Innovation and Technology_

**SECTION 1**

_COMPOSITION OF THE GOVERNING BOARD_

1. The Governing Board shall, when executing its responsibilities, act under the supervision of

the Commission in implementing the EIT's mission and objectives.

The Governing Board shall be composed of 15 members, appointed by the Commission,

providing a balance between those with experience in business, higher education and

research. The term of office of the members of the Governing Board shall be four years. The

Commission may extend that term of office once by a two-year period on the proposal of the

Governing Board.

Whenever necessary, the Governing Board shall submit to the Commission a shortlist of

candidates for the purpose of appointment of a new member or members.

The shortlisted candidates shall be selected on the basis of the outcome of a transparent and

open procedure initiated by the EIT.

The Commission shall have regard to the balance between higher education (including

vocational education and training), research, innovation and business experience as well as to

gender and geographical balance and an appreciation of the education, research and

innovation environment across the Union.

The Commission shall appoint the member or members and inform the European Parliament

and the Council of the selection process and of the final appointment of those members of the

Governing Board.

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In the event that a member is unable to complete his/her term of office, a substitute member

shall be appointed by the same procedure as the incapacitated member in order to complete

the latter's term of office. A substitute member who has served for a period of less than two

years may be reappointed by the Commission for an additional period of four years at the

request of the Governing Board.

The Commission shall appoint three additional members of the Governing Board to reach the

number of 15 within eighteen months of entry into force of this Regulation. The Board

members appointed before the entry into force of this Regulation shall complete their non

renewable term of office.

In exceptional and duly justified circumstances, in particular in order to maintain the integrity

of the Governing Board, the Commission may, on its own initiative, terminate the term of

office of a member of the Board.

2. The Governing Board members shall act in the interests of the EIT, safeguarding its goals and

mission, identity, autonomy and coherence, in an independent and transparent way.

**SECTION 2**

_RESPONSIBILITIES OF THE GOVERNING BOARD_

1. The Governing Board, in exercising its responsibility for steering and monitoring the

activities of the EIT, shall take strategic decisions, in particular:

(a) adopt the EIT’s contribution to the Commission’s proposal on the EIT's Strategic

Innovation Agenda (SIA);

(b) adopt the EIT’s single programming document, budget, annual accounts and balance

sheet and consolidated annual activity report;

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(c) adopt sound criteria and clear and transparent procedures for performance-based

financing of the KICs, including the decision on the maximum allocation of EIT

funding contribution to them, in view of implementing the relevant KIC business plan

and achieving the objectives described in the SIA and in accordance with Article 10 of

this Regulation, including their progress in achieving financial sustainability;

(d) adopt the selection procedure of the KICs, in accordance with Article 9 of this

Regulation and the SIA;

(e) select and designate a partnership as a KIC or withdraw the designation;

(f) authorise the Director to prepare, negotiate and conclude framework partnership

agreements and grant agreements with the KICs;

(fa) authorise the Director to prepare and negotiate Memoranda of Cooperation with the

KICs and, after having examined the negotiated Memoranda, authorise the Director to

conclude them;

(g) authorise the Director to extend framework partnership agreements with the KICs

beyond the period initially set, subject to the satisfactory outcome of the comprehensive

assessment, as described in the SIA and in accordance with Article 10 of this

Regulation, before the expiry of this period in accordance with Article 11;

(h) authorise the Director to prepare, negotiate and conclude grant agreements with other

legal entities;

(i) adopt effective, efficient, transparent and continuous monitoring and evaluation

procedures, including a sound set of indicators in accordance with Articles 10, 11, 18

and 19 of this Regulation, and supervise their implementation by the Director;

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(j) take appropriate corrective measures on underperforming KICs, including the reduction,

modification or withdrawal of the EIT’s financial contribution to the KICs or the

termination of the framework partnership agreements with them, based on the

monitoring and the assessment results, in accordance with the objectives of the EIT and

the KICs and Articles 10, 11 and 17 of this Regulation;

(ja) encourage the KICs to adopt operational models for openness towards new partner

organisations;

(k) promote the EIT across the Union and globally, so as to raise its attractiveness, and for

this purpose authorise the Director to sign memoranda of understanding with Member

States, associated countries or third countries;

(l) decide on the design and coordination of support actions undertaken by the KICs to

broaden the impact of the EIT across the Union for the development of entrepreneurial

and innovation capacity of higher education institutions, as well as vocational education

and training institutions where approriate, and their integration in innovation

ecosystems, in order to reinforce the knowledge triangle integration.

2. The Governing Board shall take other procedural and operational decisions necessary for the

fulfilment of its tasks and the activities of the EIT, in particular:

(a) adopt its rules of procedure, those for the Executive Committee, as well as the specific

financial rules of the EIT;

(aa) delegate specific tasks to the Executive Committee;

(b) define appropriate fees for members of the Governing Board and of the Executive

Committee, which shall be benchmarked against similar remuneration in the Member

States;

(c) adopt a procedure for selecting the members of the Executive Committee;

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(d) appoint the Director and if necessary extend his/her term of office or remove the

Director from office, in accordance with Section 5;

(e) appoint the Accounting Officer and the members of the Executive Committee;

(f) adopt a code of good conduct regarding conflicts of interest;

(g) establish, where appropriate, advisory groups which shall have a defined objective,

tasks and duration;

(h) set up an Internal Auditing Function in accordance with EIT’s financial rules;

(i) decide on the working languages of the EIT, taking into account existing principles on

multilingualism and the practical requirements of its operations;

(j) convene an annual senior-level meeting with the KICs;

(k) report on KICs co-operation with other European partnerships.

3. The Governing Board shall take decisions in compliance with the Staff Regulations of

Officials and the Conditions of Employment of Other Servants of the European Union, laid

down in Council Regulation (EEC, Euratom, ECSC) No 259/68 [9], relating to the EIT staff and

the conditions of its employment, in particular:

(a) adopt the implementing measures for giving effect to the Staff Regulations and the

Conditions of Employment of Other Servants, in accordance with Article 110(2) of the

Staff Regulations;

(b) exercise in accordance with point (c) the powers conferred by the Staff Regulations on

the Appointing Authority and by the Conditions of Employment of Other Servants on

the Authority Empowered to Conclude a Contract of Employment (the ‘appointing

authority powers’);

**9** OJ L 56, 4.3, 1968, p. 1.

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(c) adopt, in accordance with Article 110(2) of the Staff Regulations, a decision based on

Article 2(1) of the Staff Regulations and Article 6 of the Conditions of Employment of

Other Servants, delegating relevant appointing authority powers to the Director and

defining the conditions under which this delegation of powers can be suspended. The

Director shall be authorised to sub-delegate those powers;

(d) adopt a decision to temporarily suspend, where exceptional circumstances so require,

the delegation of the appointing authority powers to the Director and those sub

delegated by the latter and exercise them itself or delegate them to one of its members

or to a staff member other than the Director.

**SECTION 3**

_FUNCTIONING OF THE GOVERNING BOARD_

1. The Governing Board shall elect its Chairperson from among its members. The term of office

of the Chairperson shall be two years, renewable once.

2. The representative of the Commission shall participate in the meetings of the Governing

Board, without the right to vote, but his/her agreement shall be required in accordance with

paragraph 5. He/she shall have the right to suggest points on the agenda of the Governing

Board.

3. The Director shall participate in the meetings of the Governing Board, without the right to

vote.

4. The Governing Board shall adopt decisions by simple majority of members having a right to

vote.

However, decisions under points (a), (b), (c), (d), and (l) of Section 2(1) and points (d) and (i)

of Section 2(2), as well as under paragraph 1 of this Section shall require a majority of two

thirds of its members having the right to vote.

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5. Decisions of the Governing Board under points (c), (e), (g), (i) and (k) of Section 2(1), point

(b) of Section 2(2) and point (a) of Section 2(3) shall require agreement of the Commission,

expressed by its representative in the Governing Board.

5a. The Governing Board shall seek the opinion of the Member States' Representatives Group

prior to decisions concerning the extension or termination of the framework partnership

agreements with the KICs in accordance with points (g) and (j) of Section 2(1), and on the

conclusion of the Memorandum of Cooperation with a KIC in accordance with point (fa) of

Section 2(1).

6. The Governing Board shall meet in ordinary session at least four times a year and in

extraordinary session when convened by its Chairperson or at the request of at least one third

of all its members or the representative of the Commission.

**SECTION 4**

_THE EXECUTIVE COMMITTEE_

1. The Executive Committee shall assist the Governing Board in the performance of its tasks.

2. The Executive Committee shall consist of five members, including the Chairperson of the

Governing Board, who shall also chair the Executive Committee. The four members other

than the Chairperson shall be chosen by the Governing Board from among the Governing

Board's members, providing a balance between those with experience in business, higher

education and research. The term of office of the members of the Executive Committee shall

be two years, renewable once.

3. The Executive Committee shall prepare the meetings of the Governing Board in cooperation

with the Director.

4. The Governing Board may request the Executive Committee to supervise and monitor the

implementation of decisions and recommendations of the Governing Board.

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5. The Executive Committee shall prepare the discussion and adoption of the Governing Board

on the draft EIT’s contribution to the Commission’s proposal on the SIA. In addition, the

Executive Committee shall prepare the discussion of the Governing Board on the draft single

programming document, the draft consolidated annual activity report, the annual budget and

the draft annual accounts and the balance sheet before their submission to the Governing

Board.

6. Decisions of the Executive Committee shall be adopted on the basis of a majority of the

members present. Each member shall have one vote.

7. The representative of the Commission shall participate in the meetings of the Executive

Committee, without the right to vote. The representative of the Commission shall have the

right to suggest points on the agenda of the Executive Committee.

8. The Director shall participate in the meetings of the Executive Committee, without the right to

vote.

9. The members of the Executive Committee shall act in the interests of the EIT, safeguarding

its goals and mission, identity, autonomy and coherence, in an independent and transparent

way. They shall regularly report to the Governing Board on the adopted decisions and tasks

assigned to them by the Governing Board.

**SECTION 5**

_THE DIRECTOR_

1. The Director shall be a person with expertise and high reputation in the areas where the EIT

operates. The Director shall be a member of the EIT staff and shall be engaged as a temporary

agent under Article 2(a) of the Conditions of Employment of Other Servants.

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2. The Director shall be appointed by the Governing Board from a list of candidates proposed by

the Commission, following an open and transparent selection procedure. For the purpose of

concluding the contract with the Director, the EIT shall be represented by the Chairperson of

the Governing Board.

3. The term of office of the Director shall be four years. The Governing Board, acting on a

proposal from the Commission that takes into account its evaluation of the Director’s

performance and the EIT’s future tasks and challenges, may extend that term of office

once for a period of up to two years. A Director whose term of office has been extended may

not participate in another selection procedure for the same post.

4. The Director may be removed from office only upon a decision of the Governing Board

acting on a proposal from the Commission.

5. The Director shall be responsible for operations and for the day-to-day management of the

EIT and shall be its legal representative. The Director shall be accountable to the Governing

Board and report to it on an ongoing basis on the development of the EIT activities and all

activities falling under his/her responsibility.

6. The Director shall in particular:

(a) organise and manage the activities of the EIT;

(b) support the Governing Board and the Executive Committee in their work, provide the

secretariat for their meetings and supply all information necessary for the performance

of their duties;

(c) support the Governing Board in preparing the EIT’s contribution to the Commission’s

proposal on the SIA;

(d) prepare the draft single programming document, the draft consolidated annual activity

report and the draft annual budget for submission to the Governing Board;

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(e) prepare and administer the KICs selection process and ensure that the various stages of

that process are carried out in a transparent and objective manner, under the supervision

of the Governing Board. A detailed report of the selection process shall be annexed to

the consolidated annual activity report;

(f) prepare, negotiate and conclude, under the authorisation of the Governing Board,

framework partnership agreements and grant agreements with the KICs;

(fa) prepare and negotiate Memoranda of Cooperation with the KICs and, subject to final

approval by the Governing Board, conclude them in accordance with Section 2(1)fa of

the Statutes;

(g) prepare, negotiate and conclude, with the agreement of the Governing Board, grant

agreements with other legal entities;

(h) organise the meetings of the Stakeholder Forum and of the Member States'

Representatives Group and ensure effective communication with them, under the

supervision of the Governing Board;

(i) sign, with the authorisation of the Governing Board, memoranda of understanding with

Member States, associated or third countries with the aim to promote the EIT globally;

(j) ensure the implementation of effective monitoring, assessment and evaluation

procedures relating to the performance of the KICs in accordance with Section 2.1 point

(i), under the supervision of the Governing Board;

(k) be responsible for administrative and financial matters, in accordance with the principle

of sound financial management, including the implementation of the EIT budget, taking

due account of advice received from the Internal Auditing Function;

(l) submit the draft annual accounts and balance sheet to the Internal Auditing Function,

and subsequently to the Governing Board;

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(m) ensure that the obligations of the EIT with regard to the contracts and agreements it has

concluded are met, under the supervision of the Governing Board;

(n) ensure effective communication with the Union's institutions, under the supervision of

the Governing Board. In addition, inform the Member States' Representatives Group on

the results of the monitoring, assessment and evaluation, and transmit the opinions of

the Member States' Representatives Group to the Governing Board;

(o) act in the interests of the EIT, safeguarding its goals and mission, identity, autonomy

and coherence, in an independent and transparent way.

7. The Director shall perform any other tasks entrusted to him/her by the Governing Board and

under its responsibility.

**SECTION 5a**

_MEMBER STATES' REPRESENTATIVES GROUP_

1. The Member States' Representatives Group shall:

a) give advice to and share experience with the EIT and the KICs;

b) advice the Governing Board and the Director on strategically important issues;

c) advice the Governing Board and the Director on the extension or termination of the

framework partnership agreements with the KICs and on the conclusion of the

Memorandum of Cooperation with a KIC, in accordance with Section 3(5a.).

2. Member States' Representatives Group shall be regularly informed and gives views on the

performance, achievements and activities of the EIT and the KICs, on the monitoring and

evaluation results, the performance indicators and the corrective measures.

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**SECTION 6**

_STAFF OF THE EIT AND SECONDED NATIONAL EXPERTS_

1. The staff of the EIT shall consist of personnel employed directly by the EIT. The Staff

Regulations, the Conditions of Employment of Other Servants and the rules adopted by

agreement between the institutions of the Union for giving effect to them shall apply to the

staff of the EIT .

2. National experts may be seconded to the EIT for a limited period. The Governing Board shall

adopt provisions enabling seconded national experts to work at the EIT and defining their

rights and responsibilities.

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