Source: EURLEX
Language: en
Format: md

**EUROPEAN UNION**

**THE EUROPEAN PARLIAMENT** **THE COUNCIL**

**Brussels, 30 April 2021**
**(OR. en)**

**2019/0151 (COD)** **PE-CONS 8/21**

**RECH 91**

**COMPET 160**

**EDUC 78**

**CODEC 334**

**LEGISLATIVE ACTS AND OTHER INSTRUMENTS**

Subject: REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL on the European Institute of Innovation and Technology (recast)

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**REGULATION (EU) 2021/...**

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

**of ...**

**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]**,

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure **[2]**,

**1** OJ C 47, 11.2.2020, p. 69.
**2** Position of the European Parliament of 27 April 2021 (not yet published in the Official
Journal) and decision of the Council of ....

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Whereas:

(1) Regulation (EC) No 294/2008 of the European Parliament and of the Council **[1 ]** has been

substantially amended **[2]** . Since further amendments are to be made, that Regulation should

be recast in the interests of clarity.

(2) The periodic independent evaluations of the European Institute of Innovation and

Technology (EIT) and the experience in applying Regulation (EC) No 294/2008

demonstrate that substantial changes are necessary to further improve the EIT model and

its underlying processes. Moreover, the interim evaluation and ex-ante impact assessment

of the EIT have identified a number of areas for improvement, inter alia the funding model

of the Knowledge and Innovation Communities (KICs), the integration of the KICs in local

innovation ecosystems, the openness and transparency of the KICs and monitoring by the

EIT. This Regulation also offers the opportunity to address those aspects.

(3) Member States are primarily responsible for sustaining a strong European industrial,

competitive and innovative base. However, the nature and scale of the innovation

challenge also require action to be taken collaboratively at Union level.

**1** Regulation (EC) No 294/2008 of the European Parliament and of the Council of
11 March 2008 establishing the European Institute of Innovation and Technology (OJ L 97,
9.4.2008, p. 1).
**2** See Annex II.

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(4) The EIT is established to complement existing Union and national policies and initiatives

–
by fostering the integration of the knowledge triangle higher education, research and

innovation – across the Union.

(5) The EIT should contribute to reinforcing the innovation capacity of the Union and

Member States in order to tackle major challenges faced by society, thereby contributing to

sustainable Union economic development and competitiveness.

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(6) The EIT, through the KICs, should aim to strengthen innovation ecosystems across the

Union in an open and transparent manner. In order to achieve that objective, the EIT

should facilitate and enhance networking, integration and cooperation and promote

synergies between different innovation communities across Europe. The EIT also aims to

deliver on the Union strategic priorities and contribute to the realisation of Union

objectives and policies, including those referred to in the communications of the

Commission of 11 December 2019 on the European Green Deal, of 27 May 2020 on the

EU budget powering the recovery plan for Europe (Recovery Plan for Europe), of

19 February 2020 on a European strategy for data, of 10 March 2020 on an SME Strategy

for a sustainable and digital Europe and of 10 March 2020 on a New Industrial Strategy for

Europe, and those related to achieving the Union’s strategic autonomy, while retaining an

open economy. Furthermore, the EIT should contribute to tackling global challenges,

including the United Nations Sustainable Development Goals (SDGs) by following the

principles of the 2030 Agenda for Sustainable Development (the ‘2030 Agenda’) and the

Paris Agreement adopted under the United Nations Framework Convention on Climate

Change **[1]** (the ‘Paris Agreement’), and to achieving a net-zero greenhouse gas economy by

2050 at the latest. The transition will be possible only through a boost in research and

innovation, which underscores the need to reinforce favourable conditions and investments

in enhancing Europe’s knowledge base and research and innovation capacity, in particular

in green, climate-friendly technologies and innovations.

(7) The EIT should enhance the openness of the KICs in order to strengthen collaborative links

and create synergies between different innovation communities in Europe, thereby

facilitating geographical diversity and the talent circulation.

**1** OJ L 282, 19.10.2016, p. 4.

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(8) The priority fields and financial needs of the EIT for a period of seven years, covering the

relevant multiannual financial framework (MFF), should be laid down in a Strategic

Innovation Agenda (SIA). The SIA should be aligned with Horizon Europe – the

Framework Programme for Research and Innovation (Horizon Europe), established by

Regulation (EU) 2021/... of the European Parliament and of the Council **[1+]**, including with

regard to reporting, monitoring, evaluation and other requirements set out in that

Regulation, and should take into account the strategic planning of Horizon Europe. The

SIA should establish and foster synergies with other parts of Horizon Europe, other

relevant Union programmes of the MFF and other relevant Union, national and regional

initiatives, policies and instruments, in particular with those supporting research and

innovation, education and skills development, sustainable and competitive industry,

entrepreneurship and regional development. Given the importance of the SIA for Union

innovation policy and the expected socio-economic impact on the Union, the SIA should

be adopted by the European Parliament and by the Council on the basis of a Commission

proposal. That Commission proposal should be based on a contribution provided by the

EIT. That contribution should be made available to the European Parliament and to the

Council.

**1** Regulation (EU) 2021/... of the European Parliament and of the Council of ... establishing

–
Horizon Europe the Framework Programme for Research and Innovation, laying down its
rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and
(EU) No 1291/2013 (OJ ...).
**+** OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)) and insert the number, date and OJ reference of that Regulation in the
footnote.

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(9) The crisis resulting from the outbreak of COVID-19 has caused major disruptions to

Member States’ healthcare and economic systems. Overcoming the social, economic,

environmental and technological impacts arising from the crisis will require the

collaboration of Union institutions, bodies, offices and agencies. The EIT and the KICs

should respond with flexibility to existing as well as new and unexpected challenges and

priorities, and should be able to adopt measures and initiatives to provide appropriate

support to their ecosystems. In particular, the EIT and the KICs should contribute to the

innovation efforts that are needed to tackle the impact of the COVID-19 crisis, in

accordance with the priorities of the European Green Deal, the Recovery Plan for Europe,

the New Industrial Strategy for Europe and the SDGs, while ensuring synergy with other

Union initiatives and partnerships.

(10) In accordance with Regulation (EU) 2021/... **[+]**, the activities of the EIT should address

strategic long-term challenges, in particular in trans- and inter-disciplinary areas including

the development of innovative non-technological solutions as a necessary complement to

technology focused innovation activities. In so doing, the EIT should promote regular

dialogue with civil society, research organisations, innovation centres, small and medium

sized-enterprises (SMEs), higher education institutions (HEIs) and representatives of

industry.

**+** OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)).

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(11) The EIT should, through the KICs, give priority to the transfer of its higher education,

research and innovation and entrepreneurial activities to the business context and to their

commercial application and support the innovation and entrepreneurial capacity of HEIs

and the creation and development of innovative businesses, in complementarity with the

European Innovation Council (EIC), as well as other relevant parts of Horizon Europe, and

the InvestEU Programme established by Regulation (EU) 2021/523 of the European

Parliament and of the Council **[1]** .

**1** Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021
establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107,
26.3.2021, p. 30).

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(12) The EIT should operate through excellence-driven Institutionalised European Partnerships

of HEIs, research organisations, companies, including SMEs and public companies, as well

as local authorities, social enterprises, relevant not-for-profit organisations and other

stakeholders. Given the innovative nature of certain enterprises in relation to the goods or

services that they offer, their organisation or the production methods that they employ, the

promotion of social entrepreneurship and a closer engagement of SMEs and social

enterprises that ensures their active participation should be pursued. Those partnerships

should aim to become financially sustainable by mobilising funds from other public and

private sources and to attract and engage the widest possible range of relevant new

partners. They should be selected and designated as KICs by the Governing Board, in

accordance with the priority fields and timetable set out in the SIA, taking into account the

priorities as set out in the Horizon Europe strategic planning, addressing emerging global

and social challenges. They should be selected on the basis of a competitive, open,

transparent and excellence-based process, in accordance with this Regulation and with the

criteria for the selection of European Partnerships set out in Regulation (EU) 2021/... **[+]** . The

first such KIC, to be launched as soon as possible in 2022 or 2023, should relate to

Cultural and Creative Sectors and Industries and the second such KIC, to be launched in

2026, should relate to the Water, Marine and Maritime Sectors and Ecosystems.

**+** OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)).

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(13) Taking into account the specificity of the KICs, it is necessary to provide for special

minimum conditions to form a KIC, derogating from the rules for the participation in and

dissemination of Horizon Europe. Similarly, specific rules on ownership, access rights,

exploitation and dissemination may be necessary for KIC added-value activities, where

appropriate.

(14) The Governing Board should steer and monitor the activities of the EIT and be responsible

for the selection, designation, financing, monitoring and evaluation of the activities of the

KICs in accordance with Regulation (EU) 2021/... **[+]** and the SIA. When appointing the

members of the Governing Board, the Commission should ensure a balanced

representation of those with experience in the fields of higher education, research,

innovation or business, as well as gender balance and geographical coverage, with

excellence as a guiding principle.

(15) The EIT should organise continuous monitoring and periodic external evaluations of the

output, results and impact of each KIC, including their progress towards financial

sustainability, cost-efficiency and openness to new members. Those evaluations should

include interim reviews covering the first three years of the partnership agreement and the

three years following any extension, comprehensive assessments conducted before the end

of the seventh year of the partnership agreement, and final reviews conducted before the

end of the partnership agreement. The Governing Board should take corrective measures in

respect of the KICs when appropriate.

**+** OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)).

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(16) The EIT should regularly inform the Member State Representatives Group (MSRG) of the

performance, achievements and activities of the EIT and the KICs, the results of their

monitoring and evaluation, and their performance indicators and corrective measures. The

MSRG should advise the Governing Board and the Director on strategically important

issues and should advise and share experience with the EIT and the KICs. The EIT should

organise the meetings of the MSRG.

(17) In order to contribute to the competitiveness and reinforce the international attractiveness

of the European economy and its innovation and entrepreneurial capacity, the EIT and the

KICs should be able to attract partner organisations, researchers and students from across

the Union, including from the Union’s outermost regions, and beyond, such as by

encouraging their mobility.

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(18) Relations between the EIT and the KICs should be based on partnership agreements and

grant agreements, which will set out the rights and obligations of the KICs and the EIT’s

performance-based financial contribution to the KICs. In order to limit the administrative

burden on the KICs and ensure more long-term planning resources and activities, the EIT

should conclude multiannual grant agreements of up to three years with the KICs, or,

where considered to be more appropriate, annual grant agreements. By way of derogation

from Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council **[1 ]**

(the ‘Financial Regulation’), the EIT should be able to establish such a partnership

agreement for an initial period of seven years and, subject to a positive performance and

positive outcomes of the interim review and of the comprehensive assessment of the KIC,

extend it for a further period of up to seven years. After the expiry of the partnership

agreement, the EIT and the KIC may conclude a memorandum of cooperation with the aim

of maintaining active cooperation.

**1** Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of
18 July 2018 on the financial rules applicable to the general budget of the Union, amending
Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU)
No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU)
No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom)
No 966/2012 (OJ L 193, 30.7.2018, p. 1).

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(19) There is a need to support higher education as an integral, but often missing, component of

the knowledge triangle. Participating HEIs and vocational education and training providers

should award degrees and diplomas through the KICs in accordance with national rules

and accreditation procedures. Partnership agreements, grant agreements and memoranda of

cooperation between the EIT and the KICs should provide for those degrees and diplomas

also to be labelled as EIT degrees and diplomas. In addition, the EIT should strengthen the

promotion of the EIT-labelled degrees and diplomas in order to increase their recognition

outside the EIT Community and extend their use to lifelong learning programmes,

vocational training, skilling, re-skilling and up-skilling programmes. Through its activities

and work, the EIT should, in accordance with Directive 2005/36/EC of the European

Parliament and of the Council **[1]**, help promote mobility for students, researchers and staff as

well as provide opportunities for lifelong learning, mentoring and coaching.

(20) Appropriate provision should be made to guarantee the liability, openness and transparency

of the EIT. Appropriate rules regulating its governance and functioning should be laid

down in the Statutes of the EIT.

(21) The EIT should have legal personality and, in order to guarantee its functional autonomy

and independence from national authorities and external pressures, it should administer its

own budget whose revenue should include a contribution from the Union.

**1** Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005
on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).

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(22) It is expected that industry, the financial and service sectors will contribute significantly to

the budget of the KICs. The KICs should, in particular, aim to maximise the share of

contributions from private sources and from income generated by their activities and to

pursue and achieve financial sustainability, at the latest before the expiry of the 15 years of

EIT financial support. The KICs and their partner organisations should publicise the fact

that their activities are undertaken in the context of the EIT and that they receive a

financial contribution from the general budget of the Union. Furthermore, transparency of

the funding should be increased by providing publicly available information on which

projects are funded and on the allocation of the funding.

(23) The Union budgetary procedure should be applicable to the Union financial contribution

chargeable to the general budget of the Union. The auditing of accounts should be

undertaken by the Court of Auditors in accordance with the Financial Regulation.

(24) The EIT should make best efforts to facilitate a smooth transition between MFF periods, in

particular for ongoing activities.

(25) The revenue of the EIT should include the contribution from the Union provided from the

financial contribution from Horizon Europe. That revenue should be able to include

contributions from other private and public sources.

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(26) The EIT is a body set up by the Union within the meaning of Article 70 of the Financial

Regulation and should adopt its financial rules accordingly. Consequently, Commission

Delegated Regulation (EU) 2019/715 **[1 ]** should apply to the EIT.

(27) The EIT should adopt a consolidated annual activity report, outlining the activities

conducted and results of the operations in the preceding calendar year. The EIT should also

adopt a single programming document, based on the SIA, in accordance with its financial

rules, outlining its planned initiative in terms of annual and multiannual programming and

allowing the EIT to respond to internal and external developments in the fields of research,

society, technology, higher education, innovation and other relevant areas. That

single programming document should be transmitted to the European Parliament and to the

Council for information.

(28) Since its creation, the EIT has benefited from the expertise of its staff. However, due to the

legal framework applicable under Regulation (EC) No 294/2008, some of those staff

contracts have expired without the possibility of renewal. To avoid such a situation in the

future, and given the importance of human expertise for the success of EIT activities, it is

in the EIT’s best interests to make every effort, within the applicable legal framework, to

attract and retain qualified staff.

**1** Commission Delegated Regulation (EU) 2019/715 of 18 December 2018 on the framework
financial regulation for the bodies set up under the TFEU and Euratom Treaty and referred
to in Article 70 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of
the Council (OJ L 122, 10.5.2019, p. 1).

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(29) It is appropriate that the Commission initiate independent, external evaluations of the

operation of the EIT, including the activities managed through the KICs, in particular with

a view to preparing the SIA. Those evaluations should examine how the EIT fulfils its

mission and objectives and cover the activities of the EIT and the KICs. They should

assess the Union added value of the EIT, the impact across the Union and the impact of the

Regional Innovation Scheme (RIS) activities, the openness, effectiveness, efficiency,

outreach activities, communication, visibility, dissemination of results, the relevance of the

activities pursued and whether they are consistent with and complement relevant Union

and national policies, including any synergies with other parts of Horizon Europe. Those

evaluations should feed into the Horizon Europe evaluations carried out by the

Commission in accordance with Regulation (EU) 2021/... **[+]** .

(30) The EIT should make best efforts to streamline the terminology related to the structure of

each KIC, with the purpose of further simplifying and enhancing the recognisability of the

EIT.

(31) In order to contribute to tackling disparities in innovation in Europe, the EIT should, in

particular through the RIS, as further set out in the SIA, support the innovation capacity of

countries and regions, aim to strengthen innovation ecosystems to tackle global challenges

and integrate new partner organisations in the KICs.

**+** OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)).

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(32) The KICs, acting as an innovation facilitator, should consider Member States’ smart

specialisation strategy priorities and enhance their innovation capacity by fully reflecting

regional capacities and strengths, opportunities, weaknesses, as well as local actors and

their activities and markets.

(33) It is essential to promote strong synergies between the EIT and the EIC. The KICs should

stimulate the creation of innovative businesses in close synergy with the EIC, while

avoiding duplication, and EIT beneficiaries should be able to apply to the EIC instruments

for support additional to the services provided by the KICs. In particular, start-ups with a

high growth potential supported by KICs should have simplified and thereby faster access

to EIC actions in accordance with the relevant provisions of Regulation (EU) 2021/... **[+]** in

order to help them scale up rapidly, while the EIC beneficiaries should benefit from

support schemes provided by the EIT. In order to avoid silos and promote synergies and

collaboration, the EIT and the EIC should envisage reciprocal and systematic exchanges of

information. The Governing Board should be able to invite members of the EIC Board to

its meetings as observers where relevant.

**+** OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)).

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(34) In order to ensure the continuity of the activities of the EIT and the KICs in compliance

with the relevant provisions of Regulation (EU) 2021/... **[+]**, this Regulation should enter into

force as a matter of urgency and certain provisions thereof should apply, with retroactive

effect, from 1 January 2021.

(35) Since the objectives of this Regulation cannot be sufficiently achieved by the

Member States but can rather, for reasons of scale and transnationality, be better achieved

at Union level, the Union may adopt measures, in accordance with the principle of

subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). 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,

HAVE ADOPTED THIS REGULATION:

**+** OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)).

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_Article 1_

_Subject matter_

This Regulation establishes the European Institute of Innovation and Technology (EIT).

_Article 2_

_Definitions_

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

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

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

processes, services, or business, organisational and social 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’ or ‘KIC’ means a large-scale Institutionalised

European Partnership, as referred to in Regulation (EU) 2021/... **[+]**, of higher education

institutions, research organisations, companies and other stakeholders in the innovation

process in the form of a strategic network, regardless of its legal form, based on joint

mid- to long-term innovation planning to meet the EIT challenges and contribute to

attaining the objectives established under Regulation (EU) 2021/... **[+]** ;

**+** OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)).

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(3) ‘co-location centre’ means a physical hub, established in an open and transparent manner,

which promotes links between and active collaboration among knowledge triangle actors

and acts as a focal point for knowledge exchange and through which the KICs' partners are

able to access facilities and the expertise needed to pursue their common objectives;

(4) ‘RIS hub’ means a physical hub, established by a KIC and forming part of its structure, in

a Member State or in an associated country targeted by the RIS that serves as focal point

for the KIC’s activities and for the mobilisation and involvement of local knowledge

triangle actors in the activities of the KIC;

(5) ‘partner organisation’ means a 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 institutions, public or private companies, financial

institutions, regional and local authorities, foundations and not-for-profit organisations;

(6) ‘research organisation’ means a public or private legal entity which undertakes research or

technological development as one of its main objectives;

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

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

in particular at master’s or doctoral level, regardless of its denomination in the national

context;

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

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

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

strategy of the EIT for future initiatives, the EIT’s capacity to generate the best innovation

added-value, the EIT’s objectives, key actions, mode of operation, expected results and

impact, as well as an estimate of the resources needed for the period of Horizon Europe

and the MFF;

(10) ‘Regional Innovation Scheme’ or ‘RIS’ means a scheme fostering the integration of the

knowledge triangle and the innovation capacity of countries (and regions in those

countries) that are classified as ‘moderate’ or ‘modest’ innovators in the European

Innovation Scoreboard as referred to in the SIA and of the outermost regions within the

meaning of Article 349 of the Treaty on the Functioning of the European Union (TFEU), in

particular by attracting and integrating new partners into the KICs and bridging regional

disparities, thereby mitigating the innovation divide;

(11) ‘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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(12) ‘KIC business plan’ means a document annexed to the grant agreement covering a period

of up to three years, describing the KIC’s objectives, the manner in which they are to be

achieved, the expected results, the planned KIC added-value activities and the related

financial needs and resources, including the actions aiming to achieve financial

sustainability and increase the KIC’s openness to new partners from across the Union;

(13) ’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;

(14) ‘cross-KIC activities’ means activities that aim to enhance cooperation and synergies

between KICs, foster a more inter-disciplinary approach and create a critical mass among

KICs to tackle topics of common interest;

(15) ‘memorandum of cooperation’ means an agreement between the EIT and a KIC, aiming to

keep the KIC as an active member of the EIT Community after the expiry of the

partnership agreement, and which includes the conditions for access to EIT competitive

calls for some specific activities and transnational activities with a high Union added

value;

(16) ‘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_

1. The EIT’s mission is to contribute to sustainable Union economic growth and

competitiveness by reinforcing the innovation capacity of the Union and Member States in

order to address major challenges faced by 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 across the Union in an open and transparent manner. The EIT shall

also deliver on the Union strategic priorities and contribute to the realisation of Union

objectives and policies, including the European Green Deal, the European Recovery Plan,

the European strategy for data, the SME Strategy for a sustainable and digital Europe and

the New Industrial Strategy for Europe and those related to achieving the Union’s strategic

autonomy, while retaining an open economy. Furthermore, it shall contribute to tackling

global challenges, including the SDGs by following the principles of the 2030 Agenda and

the Paris Agreement, and to achieving a net-zero greenhouse gas economy by 2050 at the

latest.

2. For the budget period of 2021-2027, the EIT shall contribute to delivering on the general

and specific objectives of Horizon Europe, fully taking into account its strategic planning.

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_Article 4_

_SIA_

1. The SIA shall set out the priority fields and strategy of the EIT for the seven-year period

concerned in accordance with the objectives and the priorities of Horizon Europe set out in

Regulation (EU) 2021/... **[+]**, and shall include an assessment of the EIT’s expected

socio-economic impact, its outreach activities and its capacity to generate the best

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

evaluation and other requirements set out in Regulation (EU) 2021/... **[+]** and shall take into

account the results of the continuous monitoring and periodic independent evaluation of

the EIT as referred to in Article 20 of this Regulation.

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

consistency with the challenges of that programme, as well as complementarity with the

EIC established by Regulation (EU) 2021/... **[+]**, and shall establish and foster appropriate

synergies and complementarities between EIT activities and other relevant Union, national

and regional programmes supporting research and innovation, education and skills

development, sustainable and competitive industry, entrepreneurship and regional

development.

**+** OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)).

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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 the relevant MFF.

4. The EIT shall, after consulting the existing KICs and taking their opinions into account,

prepare a contribution to the Commission’s proposal on the SIA and submit it to the

Commission. The EIT contribution shall be made public.

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

shall adopt the SIA in accordance with Article 173(3) TFEU.

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_Article 5_

_Bodies of the EIT and the Member State Representatives Group_

1. The bodies of the EIT shall comprise those set out in this paragraph.

A Governing Board shall be composed of high-level members with proven experience in

the fields of higher education, research, innovation or business. The Governing Board shall

be responsible for steering and monitoring the activities of the EIT, for the selection,

designation, financing, monitoring and evaluation of the KICs, including taking

appropriate corrective measures in the event of underperformance of the KICs, and other

strategic decisions. The selection of the Governing Board shall take into account criteria

concerning gender and geographical balance. The Governing Board shall elect a

Chairperson from among its members.

An Executive Committee shall be composed of selected members representing all three

components of the knowledge triangle and the Chairperson of the Governing Board. The

Executive Committee shall assist the Governing Board in the performance of its tasks and

shall prepare the meetings of the Governing Board in cooperation with the Director.

A Director shall be appointed by the Governing Board. The Director shall act as the legal

representative of the EIT and shall be responsible for the implementation of the Governing

Board’s decisions, and the EIT’s operations and day-to-day management.

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An Internal Auditing Function shall operate in complete independence and in compliance

with the relevant international standards. The Internal Auditing Function 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 the KICs and on any

other subject requested by the Governing Board.

2. Detailed provisions regarding the bodies of the EIT are provided for in the Statutes of the

EIT, which are set out in Annex I.

3. The Member State Representatives Group (MSRG) shall be established.

The MSRG shall be composed of one representative from each Member State and each

associated country.

The MSRG shall advise the Governing Board and the Director:

(a) on the extension or termination of the EIT’s partnership agreements with the KICs,

as referred to in point 6 of Section 3 of Annex I;

(b) on the conclusion of a memorandum of cooperation with each KIC, as referred to in

point 6 of Section 3 of Annex I; and

(c) on strategically important issues to the EIT other than those referred to in points (a)

and (b), sharing experience with regard thereto.

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The MSRG shall also advise and share experience with the KICs.

The MSRG shall be regularly informed of the performance, achievements and activities of

the EIT and the KICs, the results of their monitoring and evaluation, and their performance

indicators and corrective measures. The MSRG shall provide its opinion in regard thereto.

The MSRG shall facilitate appropriate synergies and complementarities between EIT and

KIC activities with national programmes and initiatives, including the potential national

co-financing of KIC activities.

_Article 6_

_Tasks_

In order to achieve its mission and objectives set out in Article 3, the EIT shall undertake at least the

following:

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

in accordance with the applicable provisions of Regulation (EU) 2021/... **[+]** ;

**+** OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)).

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

encourage their participation in its activities, in particular SMEs and emerging centres of

excellence, across the Union, including through the RIS, by building on existing networks

of information and structures;

(c) select and designate KICs in accordance with Article 9 and set out the KICs’ rights and

obligations by means of partnership agreements and grant agreements, supervise and

provide the KICs with appropriate support and strategic guidance by appropriate quality

control measures, continuous monitoring and periodic external evaluation of their activities

in accordance with Article 11, and take corrective measures where appropriate;

(d) steer the implementation of the RIS, including through the implementation of RIS hubs by

the KICs;

(e) 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;

(f) ensure the widespread implementation of EIT-labelled degrees and diplomas by KICs,

strengthen their promotion outside the EIT Community and extend them to lifelong

learning programmes;

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

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

develop a common innovation and knowledge transfer culture, and to encourage the

openness of KICs to new members through outreach activities;

(h) promote the wide dissemination, communication and exploitation of the results and

opportunities emerging from the EIT Community in order to increase the awareness,

visibility and knowledge of the EIT across the Union, as well as to encourage participation

in EIT Community activities;

(i) support the KICs in the development of an effective financial sustainability strategy for the

mobilisation of funds from other public and private sources;

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

the KICs as excellent innovation partners;

(k) promote multidisciplinary approaches to innovation, across all sectors, including through

the integration of technological, social and non-technological solutions, sustainability and

climate neutrality by design, organisational approaches, focus on entrepreneurship and new

business models;

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(l) ensure synergies and complementarities between the activities of the EIT and other Union

programmes, where appropriate, in accordance with Regulation (EU) 2021/... **[+]** ;

(m) foster the discussion and exchange and dissemination of expertise and knowhow between

KICs with regard to innovative intellectual property rights models, with the aim of

promoting knowledge transfer and dissemination, both within the context of the KICs and

more widely across the Union;

(n) provide the necessary support and foster synergies with the KICs to develop innovative

solutions;

(o) organise regular meetings, at least every two years, of a stakeholder forum to share and

discuss 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;

(p) organise meetings of the MSRG, at least twice a year, independently from the meetings of

the stakeholder forum;

(q) facilitate the establishment of EIT Community shared services facilities;

**+** OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)).

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(r) encourage the networking, over time, of the RIS hubs and co-location centres in

Member States in order to facilitate their cooperation within the EIT Community and with

the local innovation ecosystems;

(s) monitor the implementation of activities to be undertaken by the KICs for the development

of the entrepreneurial and innovation capacity of their member organisations, in particular

HEIs, vocational education and training providers, SMEs and start-ups and their

integration in innovation ecosystems, throughout the Union and in line with the knowledge

triangle approach;

(t) design, in cooperation with the Commission and after consulting the KICs, launch and

coordinate a pilot initiative supporting the innovation and entrepreneurial capacities of

higher education institutions and their integration in innovation ecosystems (pilot higher

education initiative), which is to be implemented by the KICs.

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_Article 7_

_KICs_

1. The KICs shall undertake at least the following:

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

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

complementarity with the EIC and the InvestEU Programme, 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, including those relating to health and the

digital market;

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(c) education and training activities in particular at master’s and doctoral level, as well

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

socio-economic and socio-ecological 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 those that are EIT-labelled;

(d) actions as part of the pilot higher education initiative to better integrate HEIs in

innovation value chains and ecosystems and bring them together with other key

innovation players from the knowledge triangle and thereby improve their innovation

and entrepreneurial capacity;

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

with a focus on the development of cooperation between higher education, research

and business, including the service and financial sectors, and, where relevant, public

and third sector organisations;

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(f) RIS activities, fully integrated in the KICs’ multiannual strategy and linked to the

relevant smart specialisation strategies as defined in point (2) of Article 2 of

Regulation (EU) 2021/... **[+]** in order to strengthen innovation capacity and to develop

sustainable innovation ecosystems with a view to decreasing the disparities and

divide in innovation performance across the Union;

(g) to seek synergies and complementarities between KIC activities and existing Union,

national and regional programmes, in particular the EIC, other European Partnerships

and missions of Horizon Europe, as appropriate;

(h) to mobilise funds from public and private sources, in particular seeking to raise an

increasing proportion of their budget from private sources and from income

generated by their own activities, in accordance with Article 18;

(i) to provide, on request, information on research and innovation outputs and results,

and related intellectual rights, developed pursuant to the activities of the KICs, and

on the relevant inventors.

**+** OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)).

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

and the KICs, the KICs shall have substantial autonomy to establish their internal

organisation and composition, as well as their agenda and working methods, provided that

they result in progress towards achieving the objectives of the EIT and the KICs, while

taking into account the strategic planning of Horizon Europe and the strategic direction of

the EIT set out in the SIA and by the Governing Board.

In particular, the KICs shall:

(a) establish internal transparent governance arrangements which reflect the knowledge

triangle of higher education, research and innovation;

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

criteria, including through open calls, to potential new partner organisations across

the Union that add value to the partnership;

(c) establish internal rules, including codes of conduct, that ensure their functioning in

an open and transparent manner;

(d) establish and implement their business plans;

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

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3. KICs may adopt measures and initiatives aiming to mitigate the effects of the COVID-19

crisis, in particular actions aiming to increase the resilience of microenterprises, SMEs and

start-ups, as well as students, researchers and employees.

4. The relationship between the EIT and each KIC shall be based on a partnership agreement,

a grant agreement or, subject to Article 12, a memorandum of cooperation.

_Article 8_

_Rules for participation and dissemination_

The rules for the participation in 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, where appropriate.

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_Article 9_

_Selection and designation of the KICs_

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

competitive, open and transparent procedure. The conditions and criteria laid down in

Regulation (EU) 2021/... **[+]**, inter alia in Article 28(3) thereof, as well as the criteria for the

selection of European Partnerships, shall apply. The Governing Board may further specify

those criteria, by adopting and publishing criteria for the selection of the KICs based on the

principles of excellence and innovation relevance in delivering on global challenges and

Union policy priorities.

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

and timetable set out in the SIA, taking into account the priorities set out 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, that are comprised of at least one HEI, one research organisation and

one private company and that are established in at least three different Member States.

**+** OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)).

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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.

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 EIT shall promptly inform the MSRG and the European Parliament of

those criteria and procedures.

_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 Regulation

(EU) 2021/... **[+]** 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,

including the progress of the KICs towards financial sustainability, cost-efficiency and openness to

new members.

The results of such monitoring and evaluations shall be submitted to the European Parliament and

to the Council and shall be made public.

**+** OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)).

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# ECOMP.3.B EN

_Article 11_

_Duration, extension and termination of a partnership agreement_

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

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

2. On the basis of a continuous monitoring of the KICs in accordance with Article 10, the EIT

shall, under the supervision of the Governing Board, conduct interim reviews of the

performance and activities of the KICs covering the first three years of the partnership

agreement.

In the case of an extension of the partnership agreement, the EIT shall conduct such

interim reviews covering the first three years following its extension.

The Governing Board shall make those interim reviews public.

3. Before expiry of the seven-year period referred to in paragraph 1, the EIT shall, under the

supervision of the Governing Board, conduct a comprehensive assessment of the

performance and activities of each KIC, with the support of independent external experts.

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4. After consulting the MSRG, the Governing Board may extend the partnership agreement

for a further period of up to seven years or discontinue the EIT’s financial contribution and

not extend the partnership agreement with a KIC on the basis of:

(a) the outcome of the interim review referred to in the first subparagraph of

paragraph 2; and

(b) the outcome of a comprehensive assessment referred to in paragraph 3.

The EIT shall inform the European Parliament and the Council before extending the

seven-year period referred to in paragraph 1.

5. For the purpose of deciding whether to extend the partnership agreement with a KIC under

paragraph 4, the Governing Board shall take into account the criteria for implementing,

monitoring and evaluating the European Partnerships set out in Regulation (EU) 2021/… []

and, with regard to the KICs, the following matters:

(a) their relevance to the Union’s global challenges;

(b) their Union added value and relevance with regard to the objectives of the EIT;

(c) the achievement of their objectives;

 OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)).

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(d) their efforts to coordinate their activities with other relevant research and innovation

initiatives;

(e) their capacity to ensure openness to new members;

(f) their achievements in attracting new members from across the Union;

(g) their compliance with good governance principles;

(h) their efforts and results in designing and implementing gender-sensitive measures

and activities; and

(i) their capacity to develop sustainable innovation ecosystems and the achieved level of

financial sustainability.

6. In the event that the continuous monitoring, an interim review or the comprehensive

assessment of a KIC referred to in paragraphs 2 and 3 of this Article shows inadequate

progress in areas referred to in Article 10 or a lack of Union 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 partnership

agreement.

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7. The EIT shall, under the supervision of the Governing Board, conduct a final review of the

performance and activities of the KIC before the expiry of the partnership agreement.

Subject to the positive outcome of a final review before the expiry of the partnership

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

_Article 12_

_Memorandum of cooperation_

1. The duration, content and structure of the memorandum of cooperation shall be established

by the Governing Board, taking into account an in-depth, independent study. The study

shall include an assessment of the KIC’s efforts to achieve financial sustainability, the

revenues generated and the KIC’s financial outlook. In addition, the assessment shall

identify any activities the continuation of which might be at risk due to a lack of resources.

2. The memorandum of cooperation shall include:

(a) rights and obligations linked to the continuation of the knowledge triangle activities

as well as the maintenance of the KIC’s ecosystem and network;

(b) conditions for the use of the EIT brand and participation in EIT Awards and in other

initiatives organised by the EIT;

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(c) conditions for the participation in higher education and training activities including

the use of the EIT label for education and training programmes and relations with the

EIT Alumni Community;

(d) conditions for participation in EIT competitive calls for some specific activities,

including cross-KIC activities and shared services;

(e) conditions for additional support from the EIT for transnational coordination

activities among the co-location centres with a high Union added value.

3. Where no memorandum of cooperation is concluded, the KIC shall not use the EIT brand

for its activities.

_Article 13_

_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 HEIs and vocational education and training

providers in accordance with national rules and accreditation procedures. The partnership

agreements, grant agreements and memoranda of cooperation between the EIT and the

KICs shall provide for such degrees and diplomas also to be labelled as EIT degrees and

diplomas.

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2. The EIT shall encourage participating HEIs and vocational education and training

providers to:

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

KICs, which may also be awarded by a single HEI or vocational education and

training provider;

(b) disseminate best practices on horizontal issues;

(c) promote and publicise the EIT label in their training and diplomas;

(d) develop different strategies with the aim of promoting effective cooperation with

innovation ecosystems and businesses and fostering an entrepreneurial mind-set;

(e) create programmes focusing on lifelong learning and certification;

(f) pay special attention to gender balance and gender-sensitive approaches, in particular

in areas where women continue to be underrepresented, such as information and

communications technology, science, technology, engineering and mathematics;

(g) take into account:

(i) Union action undertaken in accordance with Articles 165 and 166 TFEU;

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

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_Article 14_

_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 ensuring that such activities are consistent, through coordination, with

other actions and instruments to be implemented at Union level, in particular in the fields

of higher education, research and innovation.

2. 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.

The Commission shall offer the EIT the necessary support in establishing appropriate

synergies and complementarities with other activities undertaken under Regulation

(EU) 2021/... **[+]**, as well as other Union initiatives and programmes, while avoiding

duplication.

The Commission shall provide recommendations to the EIT on how to reduce the

administrative burden on KICs.

**+** OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)).

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# ECOMP.3.B EN

_Article 15_

_Legal status_

1. The EIT shall be a Union body and shall have legal personality. In each Member State, it

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

In particular, it may acquire and 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 annexed to the

TEU and to the TFEU shall apply to the EIT.

_Article 16_

_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 of the European Union (the ‘Court of Justice’) shall have jurisdiction

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

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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 by its members of staff in the performance of their duties.

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

such damage.

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 in

accordance with Articles 263 and 265 TFEU.

_Article 17_

_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

that provides information about their activities and the opportunities they offer, in

particular with regard to open calls.

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2. The EIT and the KICs shall make available detailed information on calls for proposals

issued by them, including the information on their evaluation processes and results from

those calls for proposals. That information shall be made available in a timely, searchable

and traceable manner in the relevant common online databases of Union-funded research

and innovation projects, in accordance with Regulation (EU) 2021/... **[+]** .

3. Before issuing calls for proposals for the selection of the KICs, the EIT shall make public

its rules of procedure, its specific financial rules referred to in Article 23(1) and the criteria

for the selection of the KICs referred to in Article 9.

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

consolidated annual activity report referred to in Article 19.

5. Without prejudice to paragraphs 6 and 7, the EIT shall not divulge to third parties

confidential information it has received for which confidential treatment has been

requested and is justified.

**+** OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)).

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

to in Article 339 TFEU.

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 **[1]** .

7. Regulation (EC) No 1049/2001 of the European Parliament and of the Council **[2]** shall apply

to the documents held by the EIT.

8. Council Regulation No 1 **[3 ]** shall apply to the EIT. The translation services required for the

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

European Union, set up by Council Regulation (EC) No 2965/94 **[4]** .

**1** 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).
**2** 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).
**3** 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).
**4** Council Regulation (EC) No 2965/94 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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# ECOMP.3.B EN

_Article 18_

_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 other

third countries or public authorities within those Member States or countries;

(c) contributions from international bodies or institutions;

(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.

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2. The conditions for accessing the financial contribution from the EIT shall be established in

the financial rules of the EIT referred to in Article 23(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 a KIC’s life cycle. Such a

contribution shall gradually decrease over time in accordance with the funding rates set in

the SIA.

5. The KICs and their partner organisations may apply for Union funding, in particular in the

framework of Union programmes and funds, in accordance with the relevant rules. Such

funding shall not cover 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 referred to in paragraph 4 and reflect the KICs’

strategy for achieving financial sustainability.

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

set out in the SIA.

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_Article 19_

_Programming and reporting_

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

its financial rules referred to in Article 23(1), 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) an estimate of the staffing needs arising from new tasks;

(d) appropriate qualitative and quantitative methods, tools and indicators for monitoring

the activities of the EIT and the KICs, using an impact-oriented and

performance-based approach;

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

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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. The

consolidated annual activity report shall assess the results with respect to the objectives,

indicators and timetable set, the risks associated with the activities carried out, the use of

resources, including its contribution to the climate mainstreaming target under Regulation

(EU) 2021/... **[+]** broken down by KIC, 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.

By ... [one year after the date of entry into force of this Regulation] and on an annual basis

thereafter, the Director shall submit the consolidated annual activity report to the

competent committees of the European Parliament.

**+** OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)).

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# ECOMP.3.B EN

_Article 20_

_Monitoring and evaluation of the EIT_

1. The EIT shall ensure that its activities, including those managed through the 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, with the assistance of independent external experts and taking into

account the views of stakeholders, shall carry out, in a timely manner, an interim and a

final evaluation of the EIT and the KICs. Those evaluations shall feed into the Horizon

Europe evaluations provided for in Article 52 of Regulation (EU) 2021/... **[+]** .

Those evaluations shall examine how the EIT fulfils its mission and objectives and cover

activities of the EIT and the KICs. They shall assess the Union added value of the EIT, the

impact across the Union and the impact of the RIS activities, openness, effectiveness,

efficiency and relevance of the EIT activities pursued and their consistency and

complementarity with relevant Union and national policies, including the synergies with

other parts of Horizon Europe, in particular the other European Partnerships and missions

and the EIC.

**+** OJ: please insert in the text the number of the Regulation contained in file ST 7064/20
(2018/0224(COD)).

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# ECOMP.3.B EN

The interim evaluation shall also assess, inter alia, the result and impacts of the pilot higher

education initiative, the effectiveness of the KICs’ financial sustainability strategies and

the collaboration between the EIT and implementing bodies under Pillar III ‘Innovative

Europe’ of Horizon Europe. In that respect, the EIT evaluations shall feed into Horizon

Europe evaluations, also in view of a systematic assessment of the Pillar III ‘Innovative

Europe’ of Horizon Europe, in particular with respect to the one-stop shop for innovation.

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

relevance, with the assistance of independent external 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 burden on the EIT and the KICs.

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 carrying out the programmes and operations of the

EIT.

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# ECOMP.3.B EN

_Article 21_

_The EIT’s budget_

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

EIT may also include contributions from other private and public sources.

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

Europe set at EUR 2 726 000 000 in current prices, with an additional amount of

EUR 210 000 000 in constant 2018 prices, for the period 2021-2027.

The EIT may receive additional financial resources from other Union programmes.

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

referred in paragraph 1.

_Article 22_

_Preparation and adoption of the EIT’s annual budget_

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

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

and infrastructure expenses and operational expenditure. Administrative expenses shall be

kept to a minimum. The EIT’s budget shall be balanced in terms of revenue and

expenditure.

PE-CONS 8/21 AV/NC/fh 56

# ECOMP.3.B EN

2. The Director shall draw up a draft estimate of the EIT’s revenue and expenditure for the

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

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

accompanied by a draft establishment plan, and shall 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’s budget. The EIT’s budget shall become final

following the final adoption of the general budget of the 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’s 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 EIT’s budget shall follow the same procedure.

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# ECOMP.3.B EN

_Article 23_

_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.

_Article 24_

_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 **[1 ]** shall apply to the

EIT.

**1** 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).

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# ECOMP.3.B EN

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) **[1]** . The Governing Board shall formalise that accession and adopt the

necessary measures to help OLAF carry out internal investigations.

3. All decisions adopted and partnership agreements or grant agreements concluded by the

EIT shall provide explicitly that OLAF and the Court of Auditors may carry out

on-the-spot inspections of the documents of contractors and sub-contractors which have

received Union funds, including at the premises of the final beneficiaries.

_Article 25_

_Winding up of the EIT_

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

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

agreements with the KICs shall lay down the appropriate provisions.

**1** OJ L 136, 31.5.1999, p. 15.

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# ECOMP.3.B EN

_Article 26_

_Review_

By 31 December 2026, the Commission shall, on the basis of the results of the evaluations referred

to in Article 20(2) and (3), submit, where appropriate, any proposals for amendments to this

Regulation which it considers to be necessary, in particular in relation to the EIT’s mission and

objectives set out in Article 3 and with a view to extending the EIT’s budget beyond the period

specified in Articles 3 and 21 in accordance with the relevant Union framework programme for

research and innovation.

_Article 27_

_Repeal_

Regulation (EC) No 294/2008 is repealed as from ... [the date of entry into force of this Regulation],

with the exception of Articles 3 and 5, Article 6(1) and Articles 7, 14, 17 and 19 thereof, which

shall be repealed with effect from 1 January 2021.

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.

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# ECOMP.3.B EN

_Article 28_

_Entry into force and application_

This Regulation shall enter into force on the day of its publication in the _Official Journal of the_

_European Union_ .

Articles 3, 4 and 6, Article 7 (1) and (3), and Articles 8, 9, 18 and 21 shall apply from

1 January 2021.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at..,

_For the European Parliament_ _For the Council_

_The President_ _The President_

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# ECOMP.3.B EN

**ANNEX I**

STATUTES OF THE EUROPEAN INSTITUTE OF INNOVATION AND TECHNOLOGY

## **S ECTION 1**

**COMPOSITION OF THE GOVERNING BOARD**

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

a transparent manner, providing a balance between those with experience in the fields of

higher education, research, innovation or business. That appointment shall be made

following an open call for expressions of interest. The term of office of the members of the

Governing Board shall be four years. The Commission may extend the term of office once

by a two-year period on the proposal of the Governing Board.

In appointing the members of the Governing Board, the Commission shall make best

efforts to ensure a balanced representation of those with experience in the fields of higher

education (including vocational education and training), research, innovation and business,

as well as gender and geographical balance and an appreciation of the higher education,

research and innovation environment across the Union.

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# ANNEX I ECOMP.3.B EN

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

candidates for the purposes of the appointment of a 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 appoint the member or members in accordance with the procedure

laid down in the first, second and third paragraphs and inform the European Parliament and

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

the Governing Board.

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

member shall be appointed by the procedure set out in the first, second and

third paragraphs in order to complete the incapacitated member’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 term of four years at the request of the Governing

Board.

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

the number of 15 by ... [18 months after the date of entry into force of this Regulation].

The members of the Governing Board appointed before ... [date of the entry into force of

this Regulation] shall complete their non-renewable term of office.

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# ANNEX I ECOMP.3.B EN

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 Governing Board.

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

mission and objectives, identity, autonomy and coherence, in an independent and

transparent manner.

3. The Governing Board may invite a Member of the EIC Board or other stakeholders to

attend their meetings as observers.

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

of the Commission in implementing the EIT’s mission and objectives set out in Article 3.

## **SECTION 2**

**RESPONSIBILITIES OF THE GOVERNING BOARD**

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

activities of the EIT and the KICs, shall take strategic decisions. In particular, it shall:

(a) after consulting the existing KICs and taking their opinions into account, adopt the

EIT’s contribution to the Commission’s proposal on the SIA and make it public;

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# ANNEX I ECOMP.3.B EN

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

sheet and consolidated annual activity report;

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

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

financial contribution to them, with a view to implementing the relevant KIC

business plan and achieving the objectives set out in the SIA and in accordance with

Article 10, taking into account the requirements set out in Article 11(4) and (5),

including the KICs’ progress in achieving financial sustainability;

(d) adopt the selection procedure of the KICs, in accordance with Article 9 and the SIA;

(e) select and designate a partnership as a KIC in accordance with the conditions and

criteria set out in Article 9, and withdraw such a designation where appropriate;

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

grant agreements with the KICs;

(g) establish the duration, content and structure of memoranda of cooperation in

accordance with Article 12, mandate and authorise the Director to prepare and

negotiate memoranda of cooperation with the KICs and, after having examined the

negotiated memoranda of cooperation, authorise the Director to conclude them;

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# ANNEX I ECOMP.3.B EN

(h) authorise the Director to extend partnership agreements with the KICs beyond the

period initially set, subject to the positive outcome of the interim review and

comprehensive assessment, as set out in the SIA, before the expiry of that period in

accordance with Articles 10 and 11;

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

legal entities;

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

procedures, including a sound set of indicators in accordance with Articles 10, 11, 19

and 20, and supervise their implementation by the Director;

(k) take appropriate corrective measures with respect to underperforming KICs,

including the reduction, modification or withdrawal of the EIT’s financial

contribution to those KICs or the termination of the partnership agreements with

them, based on the monitoring and the assessment of results, in accordance with the

objectives of the EIT and the KICs and with Articles 10, 11 and 18;

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

organisations;

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

for that purpose authorise the Director to sign memoranda of understanding with

Member States, associated countries or other third countries;

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# ANNEX I ECOMP.3.B EN

(n) 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 HEIs, as well as vocational education and

training providers where appropriate, and their integration in innovation ecosystems,

in order to reinforce the integration of the knowledge triangle;

(o) promote the creation of synergies between the EIT, including through the KICs, and

the Union framework programmes for research and innovation, as well as national

and regional funding schemes.

2. In addition to the strategic decisions referred to in point 1, the Governing Board shall take

the following procedural and operational decisions necessary for the fulfilment of its tasks

and the activities of the EIT. It shall, in particular:

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

specific financial rules of the EIT;

(b) delegate specific tasks to the Executive Committee;

(c) set appropriate fees for members of the Governing Board and of the Executive

Committee, which shall be in line with similar remuneration in the Member States;

(d) adopt an open and transparent procedure for selecting the members of the Executive

Committee;

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# ANNEX I ECOMP.3.B EN

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

Director from office, in accordance with Section 5;

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

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

(h) establish, where appropriate, advisory groups with a defined objective, tasks and

duration;

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

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

on multilingualism and the practical requirements of its operations;

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

(l) report on the KICs’ cooperation with other European Partnerships.

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# ANNEX I ECOMP.3.B EN

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

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

the Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 **[1]** (referred

to as the ‘Staff Regulations’ and the ‘Conditions of Employment’, respectively), relating to

the EIT staff and the conditions of its employment. In particular, it shall:

(a) adopt the implementing measures in order to give effect to the Staff Regulations and

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

Regulations;

(b) in accordance with point (c) of this point, exercise, with respect to the staff of the

EIT, the powers of the Appointing Authority conferred by the Staff Regulations and

the Authority Empowered to Conclude a Contract of Employment conferred by the

Conditions of Employment (the ‘appointing authority powers’);

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

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

delegating relevant appointing authority powers to the Director and establishing the

conditions under which that delegation can be suspended with the Director being

authorised to sub-delegate those powers;

**1** OJ L 56, 4.3.1968, p. 1.

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# ANNEX I ECOMP.3.B EN

(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 Director 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 or her agreement shall be required in cases referred

to in point 5. He or 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.

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# ANNEX I ECOMP.3.B EN

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

and (j) of Section 2, as well as decisions under point 1 of this Section shall require a

majority of two thirds of the Governing Board’s members having the right to vote.

5. Decisions of the Governing Board under points (1)(c), (e), (g), (h), (j) and (m), point (2)(c)

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

its representative in the Governing Board.

6. The Governing Board shall seek the opinion of the MSRG before adopting decisions

concerning the extension or termination of the partnership agreements with the KICs in

accordance with points (1)(h) and (k) of Section 2, and on the conclusion of the

memorandum of cooperation in accordance with point (1)(g) of Section 2.

The opinion referred to in the first paragraph shall not be binding on the Governing Board.

It shall be issued without undue delay and in any event not later than two months after it

has been requested.

7. 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.

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# ANNEX I ECOMP.3.B EN

## **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 its members,

providing a balance between those with experience in the fields of higher education,

research, innovation or business. 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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# ANNEX I ECOMP.3.B EN

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

draft 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 mission and objectives, identity, autonomy and coherence, in an

independent and transparent manner. They shall regularly report to the Governing Board

on the decisions adopted and tasks assigned to them by the Governing Board.

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# ANNEX I ECOMP.3.B EN

## **SECTION 5**

**THE DIRECTOR**

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

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

as a temporary agent under point (a) of Article 2 of the Conditions of Employment.

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 best interests as well as its future tasks and challenges, may

extend that term of office once for a period of up to four years. A Director whose term of

office has been extended shall not participate in another selection procedure for the same

post.

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

acting on a proposal from the Commission.

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# ANNEX I ECOMP.3.B EN

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 activities falling under his or 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 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;

(e) prepare and administer the KICs selection procedure and ensure that the various

stages of that procedure are carried out in a transparent and objective manner, under

the supervision of the Governing Board, annexing a detailed report of the selection

procedure to the consolidated annual activity report referred to in point (d);

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# ANNEX I ECOMP.3.B EN

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

partnership agreements and grant agreements with the KICs;

(g) prepare and negotiate memoranda of cooperation with the KICs and, subject to final

approval by the Governing Board, conclude them in accordance with point (1)(a) of

Section 2;

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

agreements with other legal entities;

(i) organise the meetings of the stakeholder forum and of the MSRG and ensure

effective communication with them, under the supervision of the Governing Board;

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

with Member States, associated countries or other third countries with the aim of

promoting the EIT globally;

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

procedures relating to the performance of the KICs in accordance with point (1)(j) of

Section 2, as well as implement the corrective measures decided by the Governing

Board in accordance with Article 11(6);

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# ANNEX I ECOMP.3.B EN

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

principle of sound financial management, including the implementation of the EIT’s

budget, taking due account of advice received from the Internal Auditing Function;

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

and subsequently to the Governing Board;

(n) 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;

(o) ensure effective communication with the Union’s institutions, under the supervision

of the Governing Board;

(p) inform the MSRG of the results of the monitoring, assessment and evaluation, and

submit the opinions of the MSRG to the Governing Board;

(q) act in the interests of the EIT, safeguarding its mission and objectives, identity,

autonomy and coherence, in an independent and transparent manner.

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

and under its responsibility.

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# ANNEX I ECOMP.3.B EN

## **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 and the rules adopted by agreement between

the Union institutions for giving effect to them shall apply to the staff of the EIT. This

point shall apply to staff employed by the EIT on ... [the date of entry into force of this

Regulation], regardless of the starting date of their contract of employment.

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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# ANNEX I ECOMP.3.B EN

**ANNEX II**

REPEALED REGULATION WITH THE AMENDMENT THERETO

Regulation (EC) No 294/2008 of the European Parliament
and of the Council

Regulation (EU) No 1292/2013 of the European Parliament
and of the Council

(OJ L 97, 9.4.2008, p. 1)

(OJ L 347, 20.12.2013, p. 174)

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# ANNEX II ECOMP.3.B EN

**ANNEX III**

CORRELATION TABLE

|Regulation (EC) No 294/2008|This Regulation|
|---|---|
|Article 1<br>Article 2, point 1<br>Article 2, point 2<br>Article 2, point 3<br>Article 2, point 5<br>Article 2, point 6<br>Article 2, point 7<br>- <br>Article 2, point 8<br>Article 2, point 9<br>Article 2, point 9a<br>Article 2, point 10<br>- <br>Article 2, point 11<br>- <br>- <br>- <br>Article 3<br>Article 4(1), points (a), (c) and (d)|Article 1<br>Article 2, point 1<br>Article 2, point 2<br>Article 2, point 3<br>Article 2, point 5<br>Article 2, point 6<br>Article 2, point 7<br>Article 2, point 8<br>- <br>Article 2, point 9<br>Article 2, point 10<br>Article 2, point 11<br>Article 2, point 12<br>Article 2, point 13<br>Article 2, point 14<br>Article 2, point 15<br>Article 2, point 16<br>Article 3(1) and (2)<br>Article 5(1)|

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# ANNEX III ECOMP.3.B EN

|Regulation (EC) No 294/2008|This Regulation|
|---|---|
|Article 4(2)<br>Article 4(3)<br>- <br>Article 5(1), points (a) to (c)<br>Article 5(1), point (d)<br>- <br>Article 5(1), points (e) and (f)<br>- <br>Article 5(1), points (g) to (i)<br>Article 5(1), point (j)<br>- <br>Article 5(1), point (k)<br>- <br>Article 5(2)<br>Article 6(1), points (a) to (c)<br>- <br>Article 6(1), point (d)<br>- <br>Article 6(1), point (e)<br>- <br>Article 6(2), points (a) to (e)<br>-|- <br>Article 5(2)<br>Article 5(3)<br>Article 6, points (a), (b) and (c) and point (e)<br>- <br>Article 6, point (d)<br>Article 6, points (f) and (g)<br>Article 6, points (h) and (i)<br>Article 6, points (j), (k) and (l)<br>- <br>Article 6, points (m) and (n)<br>Article 6, points (o) and (p)<br>Article 6, points (q) to (t)<br>- <br>Article 7(1), points (a), (b) and (c)<br>Article 7(1), point (d)<br>Article 7(1), point (e)<br>Article 7(1), point (f)<br>Article 7(1), point (g)<br>Article 7(1), points (h) and (i)<br>Article 7(2), points (a) to (e)<br>Article 7(3)|

PE-CONS 8/21 AV/NC/fh 2

# ANNEX III ECOMP.3.B EN

|Regulation (EC) No 294/2008|This Regulation|
|---|---|
|Article 6(3)<br>- <br>Article 7(1)<br>Article 7(1a)<br>Article 7(2)<br>Article 7(3)<br>Article 7(4)<br>Article 7(5)<br>Article 7a<br>Article 7b(1)<br>Article 7b(2)<br>- <br>- <br>Article 7b(3)<br>- <br>Article 7b(4)<br>- <br>- <br>Article 8(1)<br>Article 8(2), point (a)<br>Article 8(2), point (aa)<br>- <br>Article 8(2), point (b)|Article 7(4)<br>Article 8<br>Article 9(1)<br>Article 9(2)<br>- <br>Article 9(3)<br>Article 9(4)<br>Article 9(5)<br>Article 10<br>- <br>Article 11(1)<br>Article 11(2)<br>Article 11(3)<br>Article 11(4)<br>Article 11(5)<br>Article 11(6)<br>Article 11(7)<br>Article 12<br>Article 13(1)<br>Article 13(2), point (a)<br>Article 13(2), point (b)<br>Article 13(2), points (c) to (f)<br>Article 13(2), point (g)|

PE-CONS 8/21 AV/NC/fh 3

# ANNEX III ECOMP.3.B EN

|Regulation (EC) No 294/2008|This Regulation|
|---|---|
|Article 9(1) and (2)<br>Article 9(3)<br>Article 11<br>Article 12<br>Article 13(1)<br>- <br>Article 13(2) to (7)<br>Article 14(1)<br>Article 14(2)<br>Article 14(3)<br>- <br>Article 14(4)<br>Article 14(5)<br>Article 14(6)<br>- <br>Article 14(7)<br>Article 15(1)<br> <br>Article 15(2)<br>Article 16(1)<br>Article 16(2)<br>Article 16(2a)<br>Article 16(3)|Article 14(1)<br>Article 14(2)<br>Article 15<br>Article 16<br>Article 17(1)<br>Article 17(2)<br>Article 17(3) to (8)<br>- <br>Article 18(1)<br>Article 18(2)<br>Article 18(3)<br>Article 18(4)<br>Article 18(5)<br>- <br>Article 18(6)<br>Article 18(7)<br>Article 19(1)<br> <br>Article 19(2)<br>Article 20(1)<br>Article 20(2)<br>Article 20(3)<br>Article 20(4)|

PE-CONS 8/21 AV/NC/fh 4

# ANNEX III ECOMP.3.B EN

|Regulation (EC) No 294/2008|This Regulation|
|---|---|
|Article 17(1)<br>- <br>Article 17(2)<br>Article 17(2a)<br>Article 17(3)<br>Article 17(4)<br>Article 18<br>Article 19(1)<br> -<br>Article 19(2)<br>Article 19(3)<br>Article 20(1)<br>Article 20(2)<br>Article 20(3)<br>Article 20(4)<br>Article 20(5)<br>Article 20(6)<br>Article 20(7)<br>Article 20(8)<br>Article 20(9)<br>Article 20(10)<br>Article 21(1)<br>Article 21(1a)|- <br>Article 4(4)<br>Article 4(1)<br>Article 4(2)<br>Article 4(3)<br>Article 4(5)<br>- <br> -<br>Article 21(1)<br>- <br>Article 21(2)<br>Article 22(1)<br>- <br>Article 22(2)<br> -<br>Article 22(3)<br>- <br>- <br>Article 22(4)<br>Article 22(5)<br>Article 22(6)<br>Article 23(1)<br>Article 23(2)|

PE-CONS 8/21 AV/NC/fh 5

# ANNEX III ECOMP.3.B EN

|Regulation (EC) No 294/2008|This Regulation|
|---|---|
|Article 21(2)<br>Article 21(3)<br>Article 21(4)<br>Article 22<br>Article 22a<br>Article 23<br>- <br>- <br>Article 24<br>Annex<br>- <br>-|Article 23(3)<br>Article 23(4)<br>- <br>Article 24<br>Article 25<br>- <br>Article 26<br>Article 27<br>Article 28<br>Annex I<br>Annex II<br>Annex III|

PE-CONS 8/21 AV/NC/fh 6

# ANNEX III ECOMP.3.B EN