Article 1 Establishment
1. For the implementation of the Joint Technology Initiative in aeronautics, a joint undertaking within the meaning of Article 187 of the Treaty on the Functioning of the European Union (‘Clean Sky 2 Joint Undertaking’), is established for a period until 31 December 2024. In order to take into account the duration of Horizon 2020, calls for proposals by the Clean Sky 2 Joint Undertaking shall be launched at the latest by 31 December 2020. In duly justified cases calls for proposals may be launched by 31 December 2021. 2. The Clean Sky 2 Joint Undertaking shall replace and succeed the Clean Sky Joint Undertaking, established by Regulation (EC) No 71/2008. 3. The Clean Sky 2 Joint Undertaking shall be a body entrusted with the implementation of a public-private partnership referred to in Article 209 of Regulation (EU, Euratom) No 966/2012. 4. The Clean Sky 2 Joint Undertaking shall have legal personality. In each of the Member States, it shall enjoy the most extensive legal capacity granted to legal persons under the laws of those States. It may acquire or dispose of movable and immovable property and may be party to legal proceedings. 5. The seat of the Clean Sky 2 Joint Undertaking shall be located in Brussels, Belgium. 6. The Statutes of the Clean Sky 2 Joint Undertaking are set out in Annex I.
Article 2 Objectives
The Clean Sky 2 Joint Undertaking shall have the following objectives: (a) to contribute to the finalisation of research activities initiated under Regulation (EC) No 71/2008 and to the implementation of Regulation (EU) No 1291/2013, and in particular the Smart, Green and Integrated Transport Challenge under Part III — Societal Challenges of Decision 2013/743/EU; (b) to contribute to improving the environmental impact of aeronautical technologies, including those relating to small aviation, as well as to developing a strong and globally competitive aeronautical industry and supply chain in Europe. This can be realised through speeding up the development of cleaner air transport technologies for earliest possible deployment, and in particular the integration, demonstration and validation of technologies capable of: (i) increasing aircraft fuel efficiency, thus reducing CO 2 emissions by 20 to 30 % compared to ‘state-of-the-art’ aircraft entering into service as from 2014; (ii) reducing aircraft NO x and noise emissions by 20 to 30 % compared to ‘state-of-the-art’ aircraft entering into service as from 2014.
Article 3 Union financial contribution
1. The Union financial contribution to the Clean Sky 2 Joint Undertaking, including EFTA appropriations, to cover administrative costs and operational costs, shall be up to EUR 1 755 000 000. The contribution shall be paid from the appropriations in the general budget of the Union allocated to the Horizon 2020 Specific Programme implementing Horizon 2020 in accordance with point (c)(iv) of Article 58(1) and Articles 60 and 61 of Regulation (EU, Euratom) No 966/2012 for bodies referred to in Article 209 of that Regulation. 2. The arrangements for the Union financial contribution shall be set out in a delegation agreement and annual transfer of funds agreements to be concluded between the Commission, on behalf of the Union, and the Clean Sky 2 Joint Undertaking. 3. The delegation agreement referred to in paragraph 2 of this Article shall cover the aspects set out in Article 58(3) and Articles 60 and 61 of Regulation (EU, Euratom) No 966/2012 and in Article 40 of Delegated Regulation (EU) No 1268/2012, as well as, inter alia, the following: (a) the requirements for the Clean Sky 2 Joint Undertaking’s contribution regarding the relevant performance indicators referred to in Annex II to Decision 2013/743/EU; (b) the requirements for the Clean Sky 2 Joint Undertaking’s contribution in view of the monitoring referred to in Annex III to Decision 2013/743/EU; (c) the specific performance indicators related to the functioning of the Clean Sky 2 Joint Undertaking; (d) the arrangements regarding the provision of data necessary to ensure that the Commission is able to meet its dissemination and reporting obligations including on the single portal for participants as well as through other Horizon 2020 electronic means of dissemination managed by the Commission; (e) provisions for the publication of calls for proposals by the Clean Sky 2 Joint Undertaking also on the single portal for participants as well as through other Horizon 2020 electronic means of dissemination managed by the Commission; (f) the use of and changes to human resources, in particular recruitment by function group, grade and category, the reclassification exercise and any changes to the number of staff members.
Article 4 Contributions of members other than the Union
1. Each Leader and Core Partner of the Clean Sky 2 Joint Undertaking shall make or arrange for its affiliated entities to make its respective contribution. The total contribution from all members shall be of at least EUR 2 193 750 000 over the period defined in Article 1. 2. The contribution referred to in paragraph 1 shall consist of the following: (a) contributions to the Clean Sky 2 Joint Undertaking in accordance with Article 15(2) and point (b) of Article 15(3) of the Statutes; (b) in-kind contributions of at least EUR 965 250 000 over the period defined in Article 1 by the Leaders and Core Partners or their affiliated entities, consisting of the costs incurred by them in implementing additional activities outside the work plan of the Clean Sky 2 Joint Undertaking contributing to the objectives of the Clean Sky Joint Technology Initiative. Other Union funding programmes may support those costs in accordance with the applicable rules and procedures. In such cases, the Union financial contribution shall not be a substitute for the in-kind contributions from the Leaders and Core Partners or their affiliated entities. The costs referred to in point (b) of the first subparagraph shall not be eligible for financial support by the Clean Sky 2 Joint Undertaking. The corresponding activities shall be set out in an additional activities plan that shall indicate the estimated value of those contributions. 3. The Leaders and Core Partners of the Clean Sky 2 Joint Undertaking shall declare, each year by 31 January to the Governing Board of the Clean Sky 2 Joint Undertaking, the value of the contributions referred to in paragraph 2 made in each of the previous financial years. The States Representative Group shall also be informed. 4. For the purpose of valuing the contributions referred to in point (b) of the first subparagraph of paragraph 2 and in point (b) of Article 15(3) of the Statutes, the costs shall be determined in accordance with the usual cost accounting practices of the entities concerned, to the applicable accounting standards of the country where the entity is established, and to the applicable International Accounting Standards and International Financial Reporting Standards. The costs shall be certified by an independent external auditor appointed by the entity concerned. The valuation method may be verified by the Clean Sky 2 Joint Undertaking should there be any uncertainty arising from the certification. For the purposes of this Regulation, the costs incurred in additional activities shall not be audited by the Clean Sky 2 Joint Undertaking or any Union body. 5. The Commission may terminate, proportionally reduce or suspend the Union financial contribution to the Clean Sky 2 Joint Undertaking or trigger the winding-up procedure referred to in Article 24(2) of the Statutes if members other than the Union or their affiliated entities do not contribute, contribute only partially or contribute late with regard to the contributions referred to in paragraph 2 of this Article. The Commission decision shall not hinder the reimbursement of eligible costs already incurred by those members by the time of the notification of the decision to the Clean Sky 2 Joint Undertaking.
Article 5 Financial rules
Without prejudice to Article 12 of this Regulation, the Clean Sky 2 Joint Undertaking shall adopt its specific financial rules in accordance with Article 209 of Regulation (EU, Euratom) No 966/2012 and Commission Delegated Regulation (EU) No 110/2014 ( 10 ) .
Article 6 Staff
1. The Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union as laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 ( 11 ) (‘Staff Regulations’ and ‘Conditions of Employment’) and the rules adopted jointly by the institutions of the Union for the purpose of applying Staff Regulations and Conditions of Employment shall apply to the staff of the Clean Sky 2 Joint Undertaking. 2. The Governing Board shall exercise, with respect to the staff of the Clean Sky 2 Joint Undertaking, the powers conferred by the Staff Regulations on the appointing authority and the powers conferred by the Conditions of Employment on the authority empowered to conclude contracts (‘the appointing authority powers’). The Governing Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which that delegation may be suspended. The Executive Director is authorised to sub-delegate those powers. Where exceptional circumstances so require, the Governing Board may by decision temporarily suspend the delegation of the appointing authority powers to the Executive Director and any subsequent sub-delegation thereof by the latter. In such cases, the Governing Board shall exercise the appointing authority powers itself or shall delegate them to one of its members or to a staff member of the Clean Sky 2 Joint Undertaking other than the Executive Director. 3. The Governing Board shall adopt appropriate implementing rules to the Staff Regulations and the Conditions of Employment in accordance with Article 110 of the Staff Regulations. 4. The staff resources shall be determined in the staff establishment plan of the Clean Sky 2 Joint Undertaking indicating the number of temporary posts by function group and by grade and the number of contract staff expressed in full-time equivalents, in line with its annual budget. 5. The staff of the Clean Sky 2 Joint Undertaking shall consist of temporary staff and contract staff. 6. All costs related to staff shall be borne by the Clean Sky 2 Joint Undertaking.
Article 7 Seconded national experts and trainees
1. The Clean Sky 2 Joint Undertaking may make use of seconded national experts and trainees not employed by the Clean Sky 2 Joint Undertaking. The number of seconded national experts expressed in full-time equivalents shall be added to the information on staff as referred to in Article 6(4) in line with the annual budget. 2. The Governing Board shall adopt a decision laying down rules on the secondment of national experts to the Clean Sky 2 Joint Undertaking and on the use of trainees.
Article 8 Privileges and immunities
The Protocol No 7 on the privileges and immunities of the European Union, annexed to the Treaty on Euroepan Union and to the Treaty on the Functioning of the European Union, shall apply to the Clean Sky 2 Joint Undertaking and its staff.
Article 9 Liability of the Clean Sky 2 Joint Undertaking
1. The contractual liability of the Clean Sky 2 Joint Undertaking shall be governed by the relevant contractual provisions and by the law applicable to the agreement, decision or contract in question. 2. In the case of non-contractual liability, the Clean Sky 2 Joint Undertaking shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its staff in the performance of their duties. 3. Any payment by the Clean Sky 2 Joint Undertaking in respect of the liability referred to in paragraph 1 or 2 and the costs and expenses incurred in connection therewith shall be considered as expenditure of the Clean Sky 2 Joint Undertaking and shall be covered by its resources. 4. The Clean Sky 2 Joint Undertaking shall be solely responsible for meeting its obligations.
Article 10 Jurisdiction of the Court of Justice of the European Union and applicable law
1. The Court of Justice of the European Union shall have jurisdiction: (a) pursuant to any arbitration clause contained in agreements or contracts concluded by the Clean Sky 2 Joint Undertaking or in its decisions; (b) in disputes relating to compensation for damage caused by the staff of the Clean Sky 2 Joint Undertaking in the performance of their duties; (c) in any dispute between the Clean Sky 2 Joint Undertaking and its staff within the limits and under the conditions laid down in the Staff Regulations and the Conditions of Employment. 2. Regarding any matter not covered by this Regulation or by other Union legal acts, the law of the State where the seat of the Clean Sky 2 Joint Undertaking is located shall apply.
Article 11 Evaluation
1. By 30 June 2017, the Commission shall carry out, with the assistance of independent experts, an interim evaluation of the Clean Sky 2 Joint Undertaking. The Commission shall prepare a report on that evaluation which shall include conclusions of the evaluation and observations by the Commission. The Commission shall send that report to the European Parliament and to the Council by 31 December 2017. The results of the interim evaluation of the Clean Sky 2 Joint Undertaking shall be taken into account in the in-depth assessment and in the interim evaluation referred to in Article 32 of Regulation (EU) No 1291/2013. 2. On the basis of the conclusions of the interim evaluation referred to in paragraph 1 of this Article, the Commission may act in accordance with Article 4(5) or take any other appropriate action. 3. Within six months of the winding up of the Clean Sky 2 Joint Undertaking, but in any event no later than two years after the triggering of the winding-up procedure referred to in Article 24 of the Statutes, the Commission shall conduct a final evaluation of the Clean Sky 2 Joint Undertaking. The results of that final evaluation shall be presented to the European Parliament and to the Council.
Article 12 Discharge
By way of derogation from Article 60(7) and Article 209 of Regulation (EU, Euratom) No 966/2012, the discharge for the implementation of the budget of the Clean Sky 2 Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council in accordance with the procedure provided for in the financial rules of the Clean Sky 2 Joint Undertaking.
Article 13 Ex-post audits
1. Ex-post audits of expenditure on indirect actions shall be carried out by the Clean Sky 2 Joint Undertaking in accordance with Article 29 of Regulation (EU) No 1291/2013 as part of Horizon 2020 indirect actions. 2. The Commission may decide to carry out itself the audits referred to in paragraph 1. In such cases, it shall do so in accordance with the applicable rules, in particular the provisions of Regulations (EU, Euratom) No 966/2012, (EU) No 1290/2013 and (EU) No 1291/2013.
Article 14 Protection of the financial interests of the members
1. The Clean Sky 2 Joint Undertaking shall grant Commission staff and other persons authorised by the Clean Sky 2 Joint Undertaking or the Commission, as well as the Court of Auditors, access to its sites and premises and to all the information, including information in electronic format, needed in order to conduct their audits. 2. The European Anti-fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Council Regulation (Euratom, EC) No 2185/96 ( 12 ) and Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council ( 13 ) with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with an agreement, decision or contract funded under this Regulation. 3. Without prejudice to paragraphs 1 and 2, agreements, decisions and contracts resulting from the implementation of this Regulation shall contain provisions expressly empowering the Commission, the Clean Sky 2 Joint Undertaking, the Court of Auditors and OLAF to conduct audits and investigations for the purposes referred to in those paragraphs, in accordance with their respective competences. 4. The Clean Sky 2 Joint Undertaking shall ensure that the financial interests of its members are adequately protected by carrying out or commissioning appropriate internal and external controls. 5. The Clean Sky 2 Joint Undertaking shall accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council and the Commission concerning internal investigations by the European Anti-fraud Office (OLAF) ( 14 ) . The Clean Sky 2 Joint Undertaking shall adopt the necessary measures needed to facilitate internal investigations conducted by OLAF.
Article 15 Confidentiality
Without prejudice to Article 16, the Clean Sky 2 Joint Undertaking shall ensure the protection of sensitive information the disclosure of which could damage the interests of its members or of participants in the activities of the Clean Sky 2 Joint Undertaking.
Article 16 Transparency
1. Regulation (EC) No 1049/2001 of the European Parliament and of the Council ( 15 ) shall apply to documents held by the Clean Sky 2 Joint Undertaking. 2. The Governing Board may adopt the practical arrangements for implementing Regulation (EC) No 1049/2001. 3. Without prejudice to Article 10 of this Regulation, decisions taken by the Clean Sky 2 Joint Undertaking pursuant to Article 8 of Regulation (EC) No 1049/2001 may form the subject of a complaint to the Ombudsman under the conditions laid down in Article 228 TFEU. 4. The Clean Sky 2 Joint Undertaking shall adopt practical arrangements for implementing Regulation (EC) No 1367/2006 of the European Parliament and of the Council ( 16 ) .
Article 17 Rules for participation and dissemination
Regulation (EU) No 1290/2013 shall apply to the actions funded by the Clean Sky 2 Joint Undertaking. In accordance with that Regulation, the Clean Sky 2 Joint Undertaking shall be considered to be a funding body and shall provide financial support to indirect actions as set out in Article 2 of the Statutes.
Article 18 Support from the host State
An administrative agreement may be concluded between the Clean Sky 2 Joint Undertaking and the State where its seat is located concerning privileges and immunities and other support to be provided by that State to the Clean Sky 2 Joint Undertaking.
Article 19 Repeal and transitional provisions
1. Regulation (EC) No 71/2008 is hereby repealed. 2. Without prejudice to paragraph 1, actions initiated under Regulation (EC) No 71/2008 and financial obligations related to those actions shall continue to be governed by that Regulation until their completion. Actions arising from calls for proposals provided for in annual implementation plans adopted under Regulation (EC) No 71/2008 shall also be regarded as actions initiated under that Regulation. The interim evaluation referred to in Article 11(1) of this Regulation shall include a final evaluation of the Clean Sky Joint Undertaking under Regulation (EC) No 71/2008. 3. This Regulation shall not affect the rights and obligations of staff engaged under Regulation (EC) No 71/2008. The employment contracts of staff referred to in the first subparagraph may be renewed under this Regulation in accordance with the Staff Regulations and Conditions of Employment. In particular, the Executive Director appointed under Regulation (EC) No 71/2008 shall, for the remaining period of term of office, be assigned to the functions of Executive Director as provided for in this Regulation with effect from 27 June 2014. The other conditions of contract shall remain unchanged. 4. Unless otherwise agreed between members pursuant to Regulation (EC) No 71/2008, all rights and obligations including assets, debts or liabilities of the members pursuant to Regulation (EC) No 71/2008shall be transferred to the members pursuant to this Regulation. 5. Any unused appropriations under Regulation (EC) No 71/2008 shall be transferred to the Clean Sky 2 Joint Undertaking.
Article 20 Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .