Source: EURLEX
Language: en
Format: md

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| 25.3.2010 | EN | Official Journal of the European Union | CE 76/94 |

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Thursday 19 February 2009  
Community legal framework for a European Research Infrastructure (ERI) \*

P6\_TA(2009)0058

European Parliament legislative resolution of 19 February 2009 on the proposal for a Council regulation on the Community legal framework for a European Research Infrastructure (ERI) (COM(2008)0467 – C6-0306/2008 – 2008/0148(CNS))

2010/C 76 E/19

(Consultation procedure)

The European Parliament,

having regard to the Commission proposal to the Council (COM(2008)0467),

having regard to Article 171 and the first paragraph of Article 172 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0306/2008),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Industry, Research and Energy (A6-0007/2009),

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| 1. | Approves the Commission proposal as amended; |

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| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |

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| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |

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| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |

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| 5. | Instructs its President to forward its position to the Council and Commission. |

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| TEXT PROPOSED BY THE COMMISSION | AMENDMENT |
| Amendment 1 | |
| Proposal for a regulation  Recital 3 | |
| |  |  | | --- | --- | | (3) | While traditional support for the use and development of European research infrastructures has essentially taken the form of grants in favour of established research infrastructures in the Member States, the need for additional efforts has become apparent in recent years in order to stimulate the development of new structures by creating an appropriate legal framework which should facilitate their establishment and operation at the level of the Community. | | |  |  | | --- | --- | | (3) | While traditional support for the use and development of European research infrastructures has essentially taken the form of grants in favour of established research infrastructures in the Member States, the need for additional efforts has become apparent in recent years in order to stimulate the development of new structures  or to upgrade existing structures in order to optimise their use  by creating an appropriate legal framework which should facilitate their establishment and operation at the level of the Community. | |
| Amendment 2 | |
| Proposal for a regulation  Recital 4 | |
| |  |  | | --- | --- | | (4) | This need has been expressed on numerous occasions both at political level by the Member States and the Community institutions, as well as by the various actors within the European research community such as undertakings, research centres  and  universities. | | |  |  | | --- | --- | | (4) | This need has been expressed on numerous occasions both at political level by the Member States and the Community institutions, as well as by the various actors within the European research community such as undertakings, research centres, universities  and, in particular, the European Strategy Forum on Research Infrastructures (ESFRI). | |
| Amendment 3 | |
| Proposal for a regulation  Recital 6 a (new) | |
|  | |  |  | | --- | --- | | (6a) | A research infrastructure to be set up under this Regulation as a European Research Infrastructure (ERI) should aim at facilitating and promoting research of pan-European interest. It should do so on a non-economic basis, that is, by not offering to undertake work or to provide supplies and/or services which could distort competition. However, in order to promote innovation, knowledge and technology transfer, the ERI should be allowed to carry out some limited economic activities under certain conditions. | |
| Amendment 4 | |
| Proposal for a regulation  Recital 7 | |
| |  |  | | --- | --- | | (7) | In contrast to Joint Technology Initiatives (JTI) constituted as Joint Undertakings of which the Community is a member and to which it makes financial contributions,  a European Research Infrastructure (hereinafter referred to as “ERI” )  should not be conceived as a Community body within the meaning of Article 185 of the Financial Regulation, but as a legal entity of which the Community is not  necessarily  a member and to which it does not make financial contributions within the meaning of Article 108(2), point (f), of the Financial Regulation. | | |  |  | | --- | --- | | (7) | In contrast to Joint Technology Initiatives (JTI) constituted as Joint Undertakings of which the Community is a member and to which it makes financial contributions,  an  ERI should not be conceived as a Community body within the meaning of Article 185 of the Financial Regulation, but as a legal entity of which the Community is not a member and to which it does not make financial contributions within the meaning of Article 108(2), point (f), of the Financial Regulation.  This should not apply where the Community becomes a member of an ERI and makes a relevant financial contribution referred to in Article 185(1) of the Financial Regulation. Community funding of eris should, in all cases, be subject to the relevant provisions of the Financial Regulation. | |
| Amendment 5 | |
| Proposal for a regulation  Recital 8 | |
| |  |  | | --- | --- | | (8) | Given the close cooperation between Member States and the Community in programming and implementing their respective research activities in a complementary manner, as set out in Articles 164 and 165 of the Treaty, it should be for interested Member States,  on their own or in conjunction with other qualified entities,  to define their needs for the establishment of research infrastructures based on their research and technological development activities and on the requirements of the Community. For the same reasons, membership of an ERI should be open for interested Member States with the possible participation of qualified third countries and specialised intergovernmental organisations. | | |  |  | | --- | --- | | (8) | Given the close cooperation between Member States and the Community in programming and implementing their respective research activities in a complementary manner, as set out in Articles 164 and 165 of the Treaty, it should be for interested Member States, to define their needs for the establishment of research infrastructures based on their research and technological development activities and on the requirements of the Community. For the same reasons, membership of an ERI should be open for interested Member States with the possible participation of qualified third countries and specialised intergovernmental organisations. | |
| Amendment 6 | |
| Proposal for a regulation  Recital 9 | |
| |  |  | | --- | --- | | (9) | A European Research Infrastructure (hereinafter referred to as “ERI”) set up under this Regulation should have as its task the establishment and operation of a research infrastructure. It should do so on a non-economic basis in order to prevent distortions of competition. In order to promote innovation and knowledge and technology transfer, the ERI should be allowed to carry out some limited economic activities on certain conditions.  The establishment of research infrastructures as ERIs does not exclude that research infrastructures of pan-European interest that have another legal form can equally be recognised as contributing  to the implementation of the roadmap developed by the European Strategy Forum for Research Infrastructure (ESFRI) and  to the progress of European research. The Commission will ensure that  ESFRI members and other  interested parties are informed about these alternative legal forms. | | |  |  | | --- | --- | | (9) | The establishment of research infrastructures as ERIs  under this Regulation  does not exclude that research infrastructures of pan-European interest that have another legal form can equally be recognised as contributing to the progress of European research. The Commission will ensure that interested parties are informed about these alternative legal forms. | |
| Amendment 7 | |
| Proposal for a regulation  Recital 10 | |
| |  |  | | --- | --- | | (10) | Research infrastructures should help to safeguard scientific excellence of Community research and the competitiveness of its economy, as based on medium-term to long-term forecasts, through the efficient support of European research activities. To achieve this they should be effectively open to the European research community at large and have the ambition to enhance the European scientific capabilities beyond the current state of the art and thereby contribute to the development of the European Research Area. | | |  |  | | --- | --- | | (10) | Research infrastructures should help to safeguard scientific excellence of Community research and the competitiveness of its economy, as based on medium-term to long-term forecasts, through the efficient support of European research activities. To achieve this they should be effectively open to the European research community at large  in accordance with the rules established in their Statutes  and have the ambition to enhance the European scientific capabilities beyond the current state of the art and thereby contribute to the development of the European Research Area , in particular by promoting synergies with the EU cohesion policy. | |
| Amendment 8 | |
| Proposal for a regulation  Recital 10a (new) | |
|  | |  |  | | --- | --- | | (10a) | In particular, new research infrastructures should take into account, where appropriate, the importance of unlocking the potential for scientific excellence in the convergence regions, as a means of enhancing the EU’s long-term performance in research, innovation and economic competitiveness. | |
| Amendment 9 | |
| Proposal for a regulation  Recital 12 | |
| |  |  | | --- | --- | | (12) | For reasons of transparency, the decision of setting up an ERI should be published in the Official Journal of the European Union. For the same reasons, an extract from the Statutes, providing their essential elements, should be annexed to that decision. | | |  |  | | --- | --- | | (12) | For reasons of transparency, the decision of setting up  a research infrastructure as  an ERI should be published in the Official Journal of the European Union. For the same reasons, an extract from the Statutes, providing their essential elements, should be annexed to that decision. | |
| Amendment 10 | |
| Proposal for a regulation  Recital 14 | |
| |  |  | | --- | --- | | (14) | Membership of an ERI must comprise at least three Member States and may include qualified third countries and specialised intergovernmental organisations. Therefore, an ERI should qualify as an international body or organisation for the purpose of the application of the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, in conformity with State aid rules. In order to support more effectively the research activities of the ERI, Member States and participating third countries should take all possible measures to accord to such ERI the most extensive exemption from other taxes. | | |  |  | | --- | --- | | (14) | Membership of an ERI must comprise at least three Member States and may include qualified third countries and specialised intergovernmental organisations. Therefore,  an essential provision of this Regulation should be that  an ERI should qualify as an international body or organisation for the purpose of the application of the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, in conformity with State aid rules. In order to support more effectively the research activities of the ERI,  thereby making them more competitive at global level,  Member States and participating third countries should take all possible measures to accord to such ERI the most extensive exemption from other taxes. | |
| Amendment 11 | |
| Proposal for a regulation  Recital 17 | |
| |  |  | | --- | --- | | (17) | It is necessary to ensure that, on the one hand, an ERI has flexibility to amend its Statutes and, on the other hand, that the Community which sets up  the  ERI retains control over certain essential elements. If an amendment concerns a matter covered in the extract from the Statutes annexed to the decision setting up the ERI, such amendment has to be approved, prior to taking effect, by a Commission decision taken following the same procedure as the one for setting up the ERI, since the information contained therein is considered as essential. Any other amendment should be notified to the Commission which has an opportunity to object if it considers it contrary to this Regulation. If no objection is raised, an appropriate notice accompanied by a concise summary of the amendment should be published. | | |  |  | | --- | --- | | (17) | It is necessary to ensure that, on the one hand, an ERI has flexibility to amend its Statutes and, on the other hand, that the Community which sets up  a research infrastructure as an  ERI retains control over certain essential elements. If an amendment concerns a matter covered in the extract from the Statutes annexed to the decision setting up the ERI, such amendment has to be approved, prior to taking effect, by a Commission decision taken following the same procedure as the one for setting up the ERI, since the information contained therein is considered as essential. Any other amendment should be notified to the Commission which has an opportunity to object if it considers it contrary to this Regulation. If no objection is raised, an appropriate notice accompanied by a concise summary of the amendment should be published. | |
| Amendment 12 | |
| Proposal for a regulation  Recital 20 | |
| |  |  | | --- | --- | | (20) | ERIs may receive co-funding from Cohesion Policy financial instruments in conformity with Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999. | | |  |  | | --- | --- | | (20) | ERIs may receive co-funding from Cohesion Policy financial instruments in conformity with Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 , and Council Regulation (EC) No 1084/2006 of 11 July 2006 establishing a Cohesion Fund [(1)](#ntr1-CE2010076EN.01009401-E0001). | |
| Amendment 13 | |
| Proposal for a regulation  Recital 22 | |
| |  |  | | --- | --- | | (22) | As the ERI is established under Community law, it should be governed by Community law, next to the law of the country where it has its statutory seat. However, the ERI could have  a place  of operation in  another country . In that case, the law of  that country  should apply as regards public and occupational health and safety, environmental protection, treatment of hazardous substances and issuance of permits required. Further, an ERI should be governed by its Statutes adopted in compliance with the preceding sources of law, and by implementing rules complying with the Statutes. | | |  |  | | --- | --- | | (22) | As the ERI is established under Community law, it should be governed by Community law, next to the law of the country where it has its statutory seat. However, the ERI could have  places  of operation in  other countries . In that case, the law of  these countries  should apply as regards public and occupational health and safety, environmental protection, treatment of hazardous substances and issuance of permits required. Further, an ERI should be governed by its Statutes adopted in compliance with the preceding sources of law, and by implementing rules complying with the Statutes. | |
| Amendment 14 | |
| Proposal for a regulation  Recital 23 | |
| |  |  | | --- | --- | | (23) | In order to ensure sufficient control of compliance with this Regulation, an ERI should submit to the Commission the annual report  of the ERI  and any information about circumstances threatening to seriously jeopardise the achievement of  the tasks of the ERI . If the Commission obtains indications, through the annual report or otherwise, that the ERI acts in serious breach of this Regulation or other applicable law, it shall request explanations and/or actions from the ERI and/or its members. In extreme cases and if no remedial action is taken, the Commission may repeal the decision setting up the ERI; this will trigger the winding up of the ERI. | | |  |  | | --- | --- | | (23) | In order to ensure sufficient control of compliance with this Regulation, an ERI should submit to the Commission the annual report and any information about circumstances threatening to seriously jeopardise the achievement of  its objective . If the Commission obtains indications, through the annual report or otherwise, that the ERI acts in serious breach of this Regulation or other applicable law, it shall request explanations and/or actions from the ERI and/or its members. In extreme cases and if no remedial action is taken, the Commission may repeal the decision setting up the ERI; this will trigger the winding up of the ERI. | |
| Amendment 15 | |
| Proposal for a regulation  Recital 23 a (new) | |
|  | |  |  | | --- | --- | | (23a) | Based on the practice of its regular ESFRI Roadmap updates, the Commission should inform the European Parliament on a regular basis on the state of evolution of the ERIs in the European research Area, together with its evaluation and recommendations in this field. | |
| Amendment 16 | |
| Proposal for a regulation  Recital 24 | |
| |  |  | | --- | --- | | (24) | Since the objectives of the action to be taken; i.e. the establishment of a framework for European Research Infrastructures between  Member States, cannot be sufficiently achieved by the Member States in the framework of their national constitutional systems, therefore, by reason of the trans-national nature of the problem, these objectives can better be achieved at Community level. The Community may therefore 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 those objectives. | | |  |  | | --- | --- | | (24) | Since the objectives of the action to be taken; i.e. the establishment of a framework for ERIs set up collectively by  Member States, cannot be sufficiently achieved by the Member States in the framework of their national constitutional systems, therefore, by reason of the trans-national nature of the problem, these objectives can better be achieved at Community level. The Community may therefore 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 those objectives. | |
| Amendment 17 | |
| Proposal for a regulation  Article 1 | |
| 1.   This Regulation establishes  a framework laying down  the requirements and procedures for  and the effects of setting up a  European Research Infrastructure (hereinafter referred to as ‘ERI’).  2.     It shall apply to research infrastructures of pan-European interest. | 1.   This Regulation establishes the requirements and procedures for  a research infrastructure of pan-European interest to be set up as a  European Research Infrastructure (hereinafter referred to as ERI). |
| Amendment 18 | |
| Proposal for a regulation  Article 1 – paragraph 2 a (new) | |
|  | 2a.     A research structure of pan-European interest is a facility, including resources and related services, which can be used by the scientific community to conduct high level research in their respective fields. This definition covers major scientific equipment or sets of instruments; knowledge-based resources such as collections, archives or structured scientific information; enabling ICT-based infrastructures such as grid, computing, software and communications; any other entity of a unique nature essential to achieve excellence in research. Such research infrastructures may be single-sited or distributed (an organised network of resources). |
| Amendment 19 | |
| Proposal for a regulation  Article 2 – title | |
| Task  and  other  activities | Objective  and activities  of an ERI |
| Amendment 20 | |
| Proposal for a regulation  Article 2 – paragraph 1 | |
| 1.   The  task  of an ERI shall be to  establish  and  operate a  research infrastructure. | 1.   The  objective  of an ERI shall be to  facilitate  and  promote  research  of pan-European interest, either in an existing European  infrastructure  or in a new infrastructure established jointly by several Member States . |
| Amendment 21 | |
| Proposal for a regulation  Article 2 – paragraph 2 | |
| 2.    An  ERI shall  pursue its task on  a non-economic  basis . However, it may carry out limited economic activities closely related to its  task  provided that they do not jeopardise the achievement of that  task. | 2.    The activities pursued by an  ERI shall  be of  a non economic  nature.  However, it may carry out limited economic activities closely related to its  objective  provided that they do not jeopardise the achievement of that  objective and income from such activities is used exclusively to achieve that objective. |
| Amendment 22 | |
| Proposal for a regulation  Article 2 – paragraph 3 a (new) | |
|  | 3a.     ERIs shall pay special attention to patents and other valuable intellectual property rights and interests which arise as a result of their activities and shall inform the Commission of such intellectual property rights by means of an annual report. |
| Amendment 23 | |
| Proposal for a regulation  Article 3 – title | |
| Requirements  relating to infrastructure | General  requirements |
| Amendment 24 | |
| Proposal for a regulation  Article 3 – paragraph 1 – introductory part | |
| The research infrastructure to be  established by  an ERI shall meet the following requirements: | The research infrastructure to be  set up as  an ERI shall meet the following requirements: |
| Amendment 25 | |
| Proposal for a regulation  Article 3 – paragraph 1 – point b | |
| |  |  | | --- | --- | | (b) | it represents an added value in the development of the European Research Area and a significant improvement in the relevant scientific and technological fields at international level; | | |  |  | | --- | --- | | (b) | it represents an added value in the development of the European Research Area  including by unlocking research potential in all EU regions,  and  by improving research methods,  a significant improvement in the relevant  specialist  scientific and technological fields at international level; | |
| Amendment 26 | |
| Proposal for a regulation  Article 3 – paragraph 1 – point c | |
| |  |  | | --- | --- | | (c) | the European research community, composed of researchers from Member States and from countries associated to the Community research, technological development and demonstration programmes can effectively have access to it;  and | | |  |  | | --- | --- | | (c) | it is effectively accessible to the European research community, composed of researchers from Member States and from countries associated to the Community research, technological development and demonstration programmes , in accordance with the rules established in its Statutes ; | |
| Amendment 27 | |
| Proposal for a regulation  Article 3 – paragraph 1 – point c a (new) | |
|  | |  |  | | --- | --- | | (ca) | it contributes to the training of young researchers; and | |
| Amendment 28 | |
| Proposal for a regulation  Article 3 – paragraph 1 – point d a (new) | |
|  | |  |  | | --- | --- | | (da) | it enhances the efficiency of interdisciplinary research as a result of the concentration of research projects within a given time-scale. | |
| Amendment 29 | |
| Proposal for a regulation  Article 3 – paragraph 1 a (new) | |
|  | The research infrastructure to be set up as an ERI shall submit an impact assessment with its application. |
| Amendment 30 | |
| Proposal for a regulation  Article 3 – paragraph 1 b (new) | |
|  | The members of a research infrastructure to be set up as an ERI shall commit the necessary human and financial resources for its establishment and operation. |
| Amendment 31 | |
| Proposal for a regulation  Article 4 – title | |
| Application  for the setting-up of an ERI | Application |
| Amendment 32 | |
| Proposal for a regulation  Article 4 – paragraph 1 – introductory part | |
| 1.   The entities applying for  the setting  up  of  an ERI (hereinafter referred to as ‘applicants’) shall submit an application to the Commission. The application shall be submitted in writing in one of the official languages of the Community and shall contain the following: | 1.   The entities applying for  a research infrastructure to be set  up  as  an ERI (hereinafter referred to as ‘applicants’) shall submit an application to the Commission. The application shall be submitted in writing in one of the official languages of the Community and shall contain the following: |
| Amendment 33 | |
| Proposal for a regulation  Article 4 – paragraph 1 – point a | |
| |  |  | | --- | --- | | (a) | a request to the Commission to set up  the  ERI; | | |  |  | | --- | --- | | (a) | a request to the Commission  for a research infrastructure  to  be  set up  as an  ERI; | |
| Amendment 34 | |
| Proposal for a regulation  Article 4 – paragraph 1 – point c | |
| |  |  | | --- | --- | | (c) | a technical and scientific description of the research infrastructure to be  established and operated by the  ERI, addressing in particular the requirements set out in Article 3. | | |  |  | | --- | --- | | (c) | a technical and scientific description of the research infrastructure to be  set up as an  ERI,  and the socio-economic effects and the contribution to the EU’s convergence objectives,  addressing in particular the requirements set out in Article 3; | |
| Amendment 35 | |
| Proposal for a regulation  Article 4 – paragraph 2 | |
| 2.     The Commission shall assess the application. During the assessment it may obtain the views of independent experts in particular in the field of the intended activities of the ERI. The result of such assessment shall be communicated to the applicants who shall be, if necessary, invited to complete or amend the application within a reasonable time. | deleted |
| Amendment 36 | |
| Proposal for a regulation  Article 5 – title | |
| Decision on the application | Assessment and  decision on the application |
| Amendment 37 | |
| Proposal for a regulation  Article 5 – paragraph – -1 (new) | |
|  | -1.     The Commission shall assess the application. During the assessment it must obtain the views of independent experts in particular in the field of the intended activities of the ERI. The result of such assessment shall be communicated to the applicants who shall, if necessary, be invited to complete or amend the application within a reasonable time. |
| Amendment 38 | |
| Proposal for a regulation  Article 5 – paragraph 1 – introductory part | |
| 1.   The Commission shall, taking into account the results of the assessment referred to in  Article 4(2)  and in accordance with the procedure referred to in Article 21: | 1.   The Commission shall, taking into account the results of the assessment referred to in  Article 5(-1) and the needs identified in the European Strategy Forum on Research Infrastructures (ESFRI) Roadmap  and in accordance with the procedure referred to in Article 21: |
| Amendment 39 | |
| Proposal for a regulation  Article 5 – paragraph 1 – point a | |
| |  |  | | --- | --- | | (a) | adopt a decision setting up the ERI after it has satisfied itself that the requirements laid down in this Regulation are met; or | | |  |  | | --- | --- | | (a) | adopt a decision setting up the  research infrastructure as an  ERI after it has satisfied itself that the requirements laid down in this Regulation are met; or | |
| Amendment 40 | |
| Proposal for a regulation  Article 5 – paragraph 2 | |
| 2.   The decision on the application shall be notified to the applicants. The decision setting up the ERI shall also be published in the L series of the Official Journal of the European Union. | 2.   The decision on the application shall be notified to the applicants. The decision setting up the  research infrastructure as an  ERI shall also be published in the L series of the Official Journal of the European Union.  In cases of refusal, applicants shall have access to the evaluation report. |
| Amendment 42 | |
| Proposal for a regulation  Article 6 – paragraph 1 a (new) | |
|  | 1a.     In the case of infrastructures with a different legal form, the original legal person shall cease to exist on the date referred to in paragraph 1, and the ERI shall operate as its successor in title by legal succession; |
| Amendment 43 | |
| Proposal for a regulation  Article 7 – paragraph 2 | |
| 2.   An ERI shall have a name containing the words ‘European Research Infrastructure’ or the abbreviation ‘ERI’. | 2.   An ERI shall have a name containing the words ‘European Research Infrastructure’ or the abbreviation ‘ERI’ and a reference to its research area . |
| Amendment 44 | |
| Proposal for a regulation  Article 8 – paragraph 2 | |
| 2.   An ERI must at all times have at least three Member States as members. Further Member States may join as members at any time on fair and reasonable terms specified in the Statutes. | 2.   An ERI must at all times have at least three Member States as members. Further Member States , third countries and international organisations  may join as members at any time on fair and reasonable terms specified in the Statutes. |
| Amendment 45 | |
| Proposal for a regulation  Article 8 – paragraph 4 | |
| 4.   Any Member State or third country may be represented by one or more public entities, including regions, or private entities with a public-service mission as regards the exercise of specified rights and the discharge of specified obligations as a member of the ERI. | 4.   Any Member State or third country may be represented  in the assembly of members  by one or more public entities, including regions, or private entities with a public-service mission as regards the exercise of specified rights and the discharge of specified obligations as a member of the ERI. |
| Amendment 46 | |
| Proposal for a regulation  Article 8 – paragraph 5 | |
| 5.   Third countries and intergovernmental organisations applying for a membership of an ERI shall recognise that that ERI shall have legal personality and capacity in accordance with Article 6(1) and (2) and that it shall be subject to rules determined in application of Article 16. | 5.   Third countries and intergovernmental organisations applying for a membership of an ERI shall recognise that that ERI shall have legal personality and capacity in  their respective territories and organisations  in accordance with Article 6(1) and (2) and that it shall be subject to rules determined in application of Article 16.  In the event that Community funds are being used by an ERI, the international or intergovernmental ERI members shall maintain their ERI status only if they commit to sending their internal and external audits to the European Court of Auditors and to the Internal Auditor of the Commission. |
| Amendment 47 | |
| Proposal for a regulation  Article 8 – paragraph 6 a (new) | |
|  | 6a.     Should the Community become a member of an ERI either directly or through any intermediary, the Commission shall notify the two arms of the budgetary authority immediately. |
| Amendment 48 | |
| Proposal for a regulation  Article 9 – paragraph 1 – point b | |
| |  |  | | --- | --- | | (b) | tasks  and activities of the ERI; | | |  |  | | --- | --- | | (b) | objective  and activities of the ERI; | |
| Amendment 49 | |
| Proposal for a regulation  Article 9 – paragraph 1 – point e | |
| |  |  | | --- | --- | | (e) | rights and obligations of the members, including the obligation to make contributions to a balanced budget; | | |  |  | | --- | --- | | (e) | rights and obligations of the members, including the obligation to make contributions to a balanced budget  and voting rights ; | |
| Amendment 50 | |
| Proposal for a regulation  Article 9 – paragraph 1 – point h – point i | |
| |  |  | | --- | --- | | (i) | access policy for users; | | |  |  | | --- | --- | | (i) | access policy for users  based on scientific excellence ; | |
| Amendment 51 | |
| Proposal for a regulation  Article 9 – paragraph 1 – point h – point i a (new) | |
|  | |  |  | | --- | --- | | (ia) | investment policy; | |
| Amendment 52 | |
| Proposal for a regulation  Article 9 – paragraph 1 – point h – point vi a (new) | |
|  | |  |  | | --- | --- | | (via) | an anti-discrimination policy, taking particular account of gender equality and equal opportunities for the disabled; | |
| Amendment 53 | |
| Proposal for a regulation  Article 9 – paragraph 1 – point j a (new) | |
|  | |  |  | | --- | --- | | (ja) | an agreement on the individual authorised to deal with patents and other intellectual property rights and interests which arise as a result of the activities of the ERI and the use to which the income deriving from such rights is put; | |
| Amendment 54 | |
| Proposal for a regulation  Article 13 – paragraph 6 | |
| 6.   An ERI shall take out appropriate insurance to cover all risks specific to its operation. | 6.   An ERI shall take out appropriate insurance to cover all risks specific to  the construction of the infrastructure and  its operation. |
| Amendment 55 | |
| Proposal for a regulation  Article 14 | |
| Community funding to an ERI may be awarded  solely  in accordance with Title VI of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities. Funding under Cohesion Policy shall also be possible, in conformity with the relevant Community legislation. | Community funding to an ERI may  only  be awarded in accordance with Title VI of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities. Funding under Cohesion Policy shall also be possible, in conformity with the relevant Community legislation.  Should the Community at any time become a member of an ERI either directly or through any intermediary, that ERI shall be treated as a body having legal personality under Article 185 of the Financial Regulation. This also applies to an ERI which receives contributions (operative grants) under Article 185 of the Financial Regulation. |
| Amendment 56 | |
| Proposal for a regulation  Article 16 – paragraph 1 – point a | |
| |  |  | | --- | --- | | (a) | by Community law, in particular this Regulation and the decisions referred to in Articles 5(1)(a) and 10(1); | | |  |  | | --- | --- | | (a) | by Community law, in particular this Regulation and the decisions referred to in Articles 5(1)(a) and 10(1)  and the Financial Regulation where applicable ; | |
| Amendment 57 | |
| Proposal for a regulation  Article 18 – paragraph 5 | |
| 5.   If no remedial action is taken, the Commission may repeal the decision  establishing the  ERI. Such decision shall be notified to the ERI and be published in the L series of the Official Journal of the European Union. This shall trigger the winding-up of the ERI. | 5.   If no remedial action is taken, the Commission may repeal the decision  setting up the research infrastructure as an  ERI. Such decision shall be notified to the ERI and be published in the L series of the Official Journal of the European Union. This shall trigger the winding-up of the ERI. |
| Amendment 58 | |
| Proposal for a regulation  Article 18 – paragraph 5 a (new) | |
|  | 5a.     The Commission shall submit the annual activity report to the European Parliament and to the Council and shall notify them of any decisions adopted under paragraphs 3 to 5. |

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