Legal provisions of COM(2021)89 - Participation of the Union in the European Partnership on Metrology jointly undertaken by several Member States

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dossier COM(2021)89 - Participation of the Union in the European Partnership on Metrology jointly undertaken by several Member States.
document COM(2021)89 EN
date November 24, 2021


Article 1

Participation in the European Partnership on Metrology

1. The Union shall participate in the European Partnership on Metrology (the ‘Metrology Partnership’), an Institutionalised European Partnership as referred to in Article 10(1), point (c), of Regulation (EU) 2021/695, jointly undertaken by Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, the Netherlands, Norway, Poland, Portugal, Romania, Slovenia, Slovakia, Spain and Sweden (the ‘Participating States’), in accordance with the conditions laid down in this Decision.

2. Any Member State not referred to in paragraph 1 of this Article and any third country associated to Horizon Europe may participate in the Metrology Partnership, provided that it fulfils the condition laid down in Article 4(1), point (c). Such Member States and third countries shall be considered to be Participating States for the purposes of this Decision.

3. Any third country not associated to Horizon Europe may participate in the Metrology Partnership, provided that it:

(a)concludes an international agreement for scientific and technological cooperation with the Union setting out the terms and conditions of its participation in the Metrology Partnership;

(b)obtains the approval of the Metrology Partnership Committee in accordance with Article 14(3), point (g); and

(c)fulfils the condition laid down in Article 4(1), point (c).

A third country that fulfils the conditions laid down in the first subparagraph shall be considered to be a Participating State for the purposes of this Decision.

Article 2

Objectives of the Metrology Partnership

1. The Metrology Partnership shall contribute to the implementation of Regulation (EU) 2021/695, and in particular Article 3 thereof.

2. Without prejudice to paragraph 1, the Metrology Partnership shall, through the involvement and commitment of partners in designing and implementing an annual work programme as referred to in Article 7, pursue the following general objectives:

(a)to develop a sustainable, excellent and coordinated metrology system at European level, thereby helping to bridge the investment gap between Europe and its global competitors;

(b)to ensure that state-of-the-art metrology capabilities are widely taken up by innovators in their ecosystems and beyond;

(c)to increase the impact of metrology on societal challenges in relation to the implementation of policies, standards and regulations, inter alia in the digital, economic, industrial and environmental areas, in order to make them fit for purpose.

3. When implementing the general objectives set out in paragraph 2, the Metrology Partnership shall pursue the following specific objectives:

(a)to develop, by 2030, new research capabilities which are built within the framework of new European metrology networks and which perform in terms of calibration and measurement capabilities at least equally to the leading metrology institutes outside the Participating States;

(b)to support, by 2030, sales of new innovative products and services through the use and adoption of the new metrology capabilities in key emerging and enabling technologies;

(c)to contribute to the creation and diffusion of high-quality new knowledge, competences and skills across the Union in the context of lifelong learning and with a view to achieving societal transformation, including through enhancing capability for innovation;

(d)to contribute fully and effectively, by 2030, to the design and implementation of specific standards and regulations that underpin public policies addressing societal, economic and environmental challenges;

(e)to unleash the potential of metrology among end-users, including SMEs and industrial stakeholders, as an instrument which contributes to the achievement of the Union goals for the digital and green transitions.

Article 3

The Union’s financial contribution to the Metrology Partnership

1. The Union’s financial contribution, including EEA appropriations, to the Metrology Partnership shall be up to EUR 300 million to match the contributions from the Participating States referred to in Article 1(1). The amount of the Union’s financial contribution may be increased by contributions from third countries associated to Horizon Europe, in accordance with Article 16(5) of Regulation (EU) 2021/695, provided that the total amount by which the Union’s financial contribution is increased is at least matched by contributions from the Participating States referred to in Article 1(2) of this Decision.

2. For the calculation of the Union’s financial contribution, any contribution from the Participating States to the administrative costs pertaining to the implementation of the Metrology Partnership that exceeds 5 % of the total combined contributions to the Metrology Partnership shall not be taken into account.

3. The Union’s financial contribution shall be paid from the appropriations in the general budget of the Union allocated to the relevant parts of the Specific Programme implementing Horizon Europe, established by Council Decision (EU) 2021/764 (9).

4. EURAMET e.V. (EURAMET) shall use the Union’s financial contribution to fund the activities referred to in Article 6(1), point (a).

5. The Union’s financial contribution shall not be used to cover the administrative costs of the Metrology Partnership.

6. Financial contributions under the programmes co-financed by the European Regional Development Fund, the European Social Fund Plus, the European Maritime, Fisheries and Aquaculture Fund and the European Agricultural Fund for Rural Development, as well as the Recovery and Resilience Facility, may be considered to be contributions from a Member State that is a Participating State, subject to compliance with the relevant provisions of Regulation (EU) 2021/1060 of the European Parliament and of the Council (10) and the regulations laying down specific rules applicable to each of those funds.

Article 4

Conditions for the Union’s financial contribution

1. The Union’s financial contribution shall be conditional upon all of the following:

(a)the demonstration by the Participating States that the Metrology Partnership is set up in accordance with this Decision;

(b)the designation by the Participating States, or by the NMIs designated by them, of EURAMET as the structure responsible for implementing the Metrology Partnership and for receiving, allocating and monitoring the Union’s financial contribution;

(c)the commitment by each Participating State to contribute to the financing of the Metrology Partnership and to establish a reserve funding capability of 50 % of the amount of the commitment;

(d)the demonstration by EURAMET of its capacity to implement the Metrology Partnership, including receiving, allocating and monitoring the Union’s financial contribution in the framework of indirect management of the Union budget in accordance with Articles 62 and 154 of Regulation (EU, Euratom) 2018/1046;

(e)the establishment of a governance model for the Metrology Partnership in accordance with Articles 13 to 16.

2. During the implementation of the Metrology Partnership, the Union’s financial contribution shall also be conditional upon all of the following:

(a)the implementation by EURAMET of the activities of the Metrology Partnership set out in Article 6 in line with the objectives set out in Article 2;

(b)the maintenance of an efficient governance model in accordance with Articles 13 to 16;

(c)the compliance by EURAMET with the reporting requirements set out in Article 155 of Regulation (EU, Euratom) 2018/1046;

(d)the fulfilment by the Participating States of the commitments referred to in paragraph 1, point (c).

Article 5

Contributions from the Participating States to the Metrology Partnership

1. The Participating States referred to in Article 1(1) shall make, or arrange for their national funding bodies to make, contributions, whether financial or in kind, of at least EUR 363 million during the period from 1 January 2021 until 31 December 2031.

A share of the contributions from the Participating States shall be in the form of financial contributions. The Participating States shall arrange among themselves their collective contributions and how they will deliver them.

2. The contributions from the Participating States shall consist of the following:

(a)financial or in-kind contributions to the implementing activities referred to in Article 6(1); and

(b)financial or in-kind contributions to cover all the administrative costs of EURAMET.

3. The financial or in-kind contributions referred to in paragraph 2, point (a), of this Article shall cover the costs incurred by the Participating States in implementing the activities referred to in Article 6(1), point (b), less any direct or indirect Union’s financial contribution to those costs.

4. The financial or in-kind contributions referred to in paragraph 2, point (b), shall cover the costs incurred by the Participating States in relation to the administrative costs of EURAMET for the implementation of the Metrology Partnership. Those administrative costs shall not exceed 5 % of the total budget of the Metrology Partnership.

5. For the purpose of valuing the in-kind contributions referred to in paragraph 2, points (a) and (b), of this Article, the costs shall be determined in accordance with a harmonised approach, including criteria and processes, to be established by the Metrology Partnership Committee in accordance with Article 14. To the extent possible, the reporting of costs shall comply with the reporting procedures laid down in Regulation (EU) 2021/695, while taking into account the usual accounting practices of the Participating States or the national funding bodies concerned, the applicable accounting standards of the Participating State where the national funding bodies concerned are established, and the applicable International Accounting Standards and International Financial Reporting Standards. The costs shall be certified by an independent auditor appointed by the Participating States or the national funding bodies concerned.

6. The contributions from the Participating States shall be made after the adoption of the annual work programme.

If the annual work programme is adopted during the reference year, the contributions referred to in paragraph 2, point (b), that are included in the annual work programme may comprise contributions made as from 1 January of that year.

The contributions referred to in paragraph 2, point (b), that are made after 1 December 2021 may count as contributions from Participating States, provided that they are included in the Metrology Partnership’s first annual work programme.

Article 6

Activities of EURAMET

1. The Metrology Partnership shall support a wide range of research and innovation activities by means of:

(a)indirect actions within the meaning of Article 2, point (43), of Regulation (EU) 2021/695 funded by EURAMET in accordance with Article 7 of this Decision, mainly in the form of grants following transnational open, transparent and competitive calls for proposals organised by EURAMET, including:

(i)scientific and technical actions supporting fundamental scientific metrology laying the basis for all successive steps, including applied metrology research and development and metrology-related services;

(ii)metrology research to provide solutions for societal, economic and environmental challenges focusing on contributions to sustainable technologies and innovations in the energy, digital and health sectors, as well as with regard to the environment and the climate, and to develop projects in specific European metrology networks addressing those challenges;

(iii)research to develop novel measurement instrumentation aiming to enhance the European industrial and commercial take-up of metrological technologies to stimulate innovation in industry;

(iv)pre-normative and co-normative metrology research and development in support of policy implementation, regulations and acceleration of the market introduction and societal uptake of sustainable innovative products and services;

(v)exchange of best practices on metrology research carried out at national level;

(b)activities funded by the Participating States without the Union’s financial contribution consisting of the metrology capacity-building activities at different technological levels to achieve the widest possible, balanced and integrated metrology system in the Participating States enabling them to develop their scientific and technical capabilities in metrology, and which include activities not selected from the calls for proposals referred to in point (a), of this Article, as outlined in the annual work programmes, as well as any of the following:

(i)activities under the national programmes of the Participating States such as transnational projects contributing to the priorities laid out in a European metrology network and EURAMET technical committees;

(ii)actions for the dissemination and exploitation of results, including in industry and by SMEs, of metrology research as widely as possible in Europe, with a view to increasing the visibility of EURAMET activities to the public in a user-friendly manner;

(iii)activities to raise awareness and promote educational and dissemination activities and campaigns and to provide appropriate information on EURAMET’s website, and the publication of relevant documentation;

(iv)actions specifically addressing metrology institutes which have no or limited scientific capabilities by supporting them in using other Union, national or regional programmes for training and mobility, cross-border cooperation or investment in metrology infrastructure;

(v)the organisation of external dissemination and knowledge-transfer activities to promote the Metrology Partnership as widely as possible in the Union and beyond, in order to maximise its impact.

2. Before identifying the topics of each call for proposals referred to in paragraph 1, point (a), EURAMET shall publicly invite individuals or organisations, including SMEs, and the general metrology value chain to suggest potential research topics in a transparent manner.

Article 7

Annual work programme

1. The Metrology Partnership shall be implemented on the basis of annual work programmes covering activities to be undertaken for the period from 1 January to 31 December of a given year (the ‘reference year’).

2. The Metrology Partnership Committee referred to in Article 14 shall adopt the annual work programmes by 31 March of the reference year, after obtaining approval from the Commission. In adopting the annual work programmes, both the Metrology Partnership Committee and the Commission shall act without undue delay. The Metrology Partnership Committee shall make the annual work programme publicly available.

3. The activities referred to in Article 6(1), points (a) and (b), shall be launched only in the reference year and only after the adoption of the annual work programme for that year.

4. Activities may be funded by EURAMET only if they are set out in the annual work programme. The annual work programme shall distinguish between the activities referred to in Article 6(1), point (a), the activities referred to in Article 6(1), point (b), and the administrative costs of EURAMET. The annual work programme shall include their corresponding expenditure estimates and the budget being allocated to activities funded with the Union’s financial contribution and to activities funded by the Participating States without that contribution. The annual work programme shall also include the valuation of the in-kind contributions from the Participating States referred to in Article 5(2), point (b).

5. Any amended annual work programmes for a reference year and annual work programmes for subsequent reference years shall take into account the results of previous calls for proposals. They shall endeavour to address insufficient coverage of scientific topics, in particular those initially addressed in activities under Article 6(1), point (b), that could not be adequately funded.

6. The calls for proposals under the relevant annual work programmes, shall be launched by 31 December 2027. In duly justified cases, they may be launched by 31 December 2028.

7. EURAMET shall monitor, and shall report annually to the Commission on, the implementation of all activities included in the annual work programme without increasing the administrative burden on the beneficiaries. The annual report shall be made publicly available in a timely manner on EURAMET’s website.

8. Any communication or publication relating to the activities of the Metrology Partnership and performed in cooperation with the Metrology Partnership, whether undertaken by EURAMET, a Participating State or its national funding bodies, or participants in an activity, shall be labelled or co-labelled as being co-funded by the Metrology Partnership under Horizon Europe.

Article 8

Rules for participation and dissemination

1. EURAMET shall be considered to be a funding body within the meaning of Article 2, point 14, of Regulation (EU) 2021/695 and shall provide financial support to indirect actions referred to in Article 6(1), point (a), of this Decision in accordance with Article 6(2) of that Regulation.

2. Regulation (EU) 2021/695, in particular the rules for participation, open science and dissemination laid down therein, shall apply to the actions referred to in Article 6(1), point (a), of this Decision. In addition, in accordance with Article 17(2) of that Regulation, where strictly necessary and after consulting the Steering Group referred to in Article 15 of this Decision where the Metrology Partnership Committee requests such consultation, the annual work programme may provide for a limitation of the coordinator role in indirect actions, from submission of the proposal to the end of the project, to the NMIs and the DIs of the Participating States in order to ensure that the objectives and the contribution targets of the Participating States are met.

3. EURAMET shall ensure appropriate interactions with NMIs and DIs in the indirect actions referred to in Article 6(1), point (a), in accordance with their designation by the appropriate national authority. EURAMET shall also encourage and support the participation of other entities, including SMEs, in all calls for proposals.

Article 9

Agreements between the Union and EURAMET

Provided that an equivalent level of protection of the financial interest of the Union is ensured, EURAMET shall be entrusted with the implementation of the Union’s financial contribution in accordance with Article 62(3) and Article 154 of Regulation (EU, Euratom) 2018/1046.

Article 10

Termination, reduction or suspension of the Union’s financial contribution

1. If the Metrology Partnership fails to meet the conditions under which the Union’s financial contribution is entrusted, the Commission may terminate, proportionally reduce or suspend that contribution.

2. If a Participating State does not contribute to the financing of the Metrology Partnership, contributes only partially or does not respect the time frames for the contributions referred to in Article 5, the Commission may terminate, proportionally reduce or suspend the Union’s financial contribution. The Commission’s decision shall not hinder the reimbursement of eligible costs already incurred by the Participating State before the decision to terminate, proportionally reduce or suspend the Union’s financial contribution is notified to the Metrology Partnership.

Article 11

Ex post audits

1. The ex post audits of expenditure on indirect actions referred to in Article 6(1), point (a), of this Decision shall be carried out by EURAMET in accordance with Article 53(3) of Regulation (EU) 2021/695.

2. The Commission may itself carry out the audits referred to in paragraph 1 of this Article. In such cases, the Commission shall carry out such audits in accordance with the applicable rules, in particular Article 53(3) of Regulation (EU) 2021/695 and Article 127 of Regulation (EU, Euratom) 2018/1046.

Article 12

Protection of the financial interests of the Union

1. The Commission shall take appropriate measures to ensure that, when actions financed under this Decision are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive penalties.

2. In implementing the Metrology Partnership, the Participating States shall take the legislative, regulatory, administrative and other measures necessary to protect the financial interests of the Union, in particular, to ensure full recovery of any amounts due to the Union in accordance with Regulation (EU, Euratom) 2018/1046.

3. EURAMET shall grant Commission staff and other persons authorised by 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.

4. 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 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (11) and Council Regulation (Euratom, EC) No 2185/96 (12) 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, a decision or a contract funded under this Decision.

5. The European Public Prosecutor’s Office (EPPO) may carry out investigations in accordance with the provisions and procedures laid down in Council Regulation (EU) 2017/1939 (13), with a view to investigating criminal offences affecting the financial interests of the Union as set out in Article 4 of that Regulation.

6. Without prejudice to paragraphs 3, 4 and 5, agreements, decisions and contracts resulting from the implementation of this Decision shall contain provisions expressly empowering the Commission, EURAMET, the Court of Auditors, EPPO and OLAF to conduct such audits, on-the-spot checks and investigations in accordance with their respective competences.

Article 13

Governance of the Metrology Partnership

1. The bodies governing the Metrology Partnership shall include at least the following:

(a)a Metrology Partnership Committee;

(b)a Steering Group;

(c)the Secretariat of EURAMET.

2. The bodies referred to in paragraph 1 shall take appropriate measures to seek a balanced composition in terms of skills, experience, knowledge, geographical diversity and gender.

Article 14

Metrology Partnership Committee

1. The Metrology Partnership Committee shall manage the Metrology Partnership in a transparent way, while ensuring that the Metrology Partnership as executed meets its objectives.

2. The Metrology Partnership Committee shall be composed of one representative and one alternate representative from each Participating State. The voting weights shall be calculated on the basis of the commitments by each Participating State according to the square root of the commitment.

3. The Metrology Partnership Committee shall, in particular:

(a)take decisions on the strategic research and innovation agenda, and make them publicly available;

(b)take decisions on the planning of calls for proposals and on the evaluation review procedure as provided for in Article 30 of Regulation (EU) 2021/695;

(c)adopt the annual work programme after obtaining the Commission’s approval and after consulting the Steering Group referred to in Article 15 and make it publicly available;

(d)take decisions on the selection of the proposals to be funded according to the ranking lists established after evaluations of the proposals following the calls for proposals referred to in Article 6(1), point (a) of this Decision;

(e)adopt measures to attract newcomers;

(f)monitor the progress of the activities of EURAMET referred to in Article 6;

(g)approve the participation in the Metrology Partnership of any third country not associated to Horizon Europe, provided that that third country fulfils the conditions referred to in Article 1(3), points (a) and (c);

(h)by 31 December 2021, establish a harmonised approach, including criteria and processes, for the purpose of valuing the in-kind contributions referred to in Article 5(2).

For the purpose of taking decisions in accordance with point (d) of the first subparagraph of this paragraph, the annual work programme may include rules for dealing with ex-aequo proposals in accordance with Article 28(3) of Regulation (EU) 2021/695 and the Horizon Europe work programme.

4. The Commission shall have observer status in the meetings of the Metrology Partnership Committee. However, the adoption of the annual work programme by the Metrology Partnership Committee shall require the Commission’s prior approval. The Metrology Partnership Committee shall invite the Commission to its meetings and shall provide the Commission with all relevant documents. The Commission may take part in the Metrology Partnership Committee’s discussions. The agenda, list of participants and decisions of meetings of the Metrology Partnership Committee shall be made publicly available in a timely manner on EURAMET’s website.

5. The Metrology Partnership Committee shall elect its Chairperson and Deputy Chairperson according to the voting weights set out in paragraph 2. The Chairperson of the Metrology Partnership Committee shall represent EURAMET in matters related to the Metrology Partnership.

Article 15

Steering Group

1. The Commission shall set up a Steering Group. The Commission shall seek geographical and gender balanced representation among its members as well as balance in terms of the necessary competence and expertise. The Steering Group shall be an advisory body of the Metrology Partnership and shall give advice to the Metrology Partnership on the emerging priorities for metrology research at European level and on how to increase the impact of its research on European industry, economy and society. It shall in particular:

(a)identify emerging technologies, innovations, markets and industrial applications where metrology research and innovation could become relevant in the future;

(b)identify research areas which contribute to the smooth functioning of the internal market and to the Union’s goal of achieving climate neutrality by 2050 at the latest, including to relevant regulations and standards;

(c)advise the Metrology Partnership on priorities for its future work programmes.

2. The Steering Group shall be composed of 15 members:

(a)four representatives from European standard setters and regulators designated by EURAMET;

(b)four representatives from different European Partnerships set up pursuant to Regulation (EU) 2021/695, which the Commission shall designate in an open and transparent manner, ensuring diversity of expertise and background;

(c)four representatives from the European scientific community, appointed by the Commission following an open and transparent process, based on a call for expression of interest, seeking geographical and gender balanced representation, covering the necessary competences and expertise with regard to the relevant technical domains and aiming to make independent science-based recommendations;

(d)the Chairperson of EURAMET;

(e)one representative designated by the Commission; and

(f)one representative from a national ministry who is not a staff member of a national metrology institute represented in EURAMET and who is appointed by the Metrology Partnership Committee.

3. The Steering Group shall provide independent advice on the scientific priorities and other relevant issues to be addressed in the Metrology Partnership’s annual work programme, as well as on specific issues, as requested by the Metrology Partnership Committee, and shall monitor scientific achievements in adjacent sectors.

4. At least 50 % of the members referred in paragraph 2, points (a) and (b), of this Article shall be rotated at the latest after the interim evaluation referred to in Article 18(1).

5. The Steering Group shall be jointly chaired by the representatives referred to in paragraph 2, point (e).

6. All recommendations made by the Steering Group shall be made publicly available.

Article 16

Secretariat of EURAMET

1. The Secretariat of EURAMET, providing general administrative support for EURAMET, shall keep separate accounting and bank accounts for the Metrology Partnership.

2. A Management support unit shall be established as part of the Secretariat of EURAMET and shall be responsible for the implementation and day-to-day management of the Metrology Partnership.

3. The Secretariat shall offer support to the Participating States as regards the application of the criteria and processes of the harmonised approach referred to in Article 5(5).

Article 17

Communication of information

1. EURAMET shall, upon the Commission’s request, provide the Commission with any information necessary for the preparation of the evaluations referred to in Article 18.

2. The Participating States shall submit to the Commission, through EURAMET, any information requested by the European Parliament, by the Council or by the Court of Auditors concerning the financial management of the Metrology Partnership.

3. The Commission shall include the information referred to in paragraph 2 of this Article in the evaluations referred to in Article 18.

Article 18

Evaluations

1. The Commission shall conduct an interim evaluation and a final evaluation of the Metrology Partnership in the framework of the Horizon Europe evaluations, in accordance with Article 52 of Regulation (EU) 2021/695, with the assistance of external independent experts selected on the basis of an open and transparent process.

2. The interim and final evaluations shall examine how the Metrology Partnership fulfils its mission and objectives, cover all its activities and evaluate its European added value, effectiveness, efficiency, including its openness and transparency, the relevance of the activities pursued, including in industry and by SMEs, and their consistency and complementarity with relevant regional, national and Union policies, including synergies with other parts of Horizon Europe, such as other partnerships, missions, clusters, thematic or specific programmes. The evaluations shall take into account the views of stakeholders, at both European and national level and shall, where relevant, also include an assessment of the long-term scientific, societal, economic, environmental and technological impacts of the preceding initiatives, as well as an evaluation of external partners’ participation. They shall include, where relevant, an assessment of the most effective policy intervention mode for any future action, as well as the relevance and coherence of any possible renewal of the Metrology Partnership, given the overall policy priorities and the research and innovation support landscape, including the positioning against other initiatives supported through Horizon Europe. When carrying out those evaluations, the Commission shall fully consider the administrative impact on the Metrology Partnership and shall make best efforts to reduce the administrative burden and to ensure that the evaluation process is kept simple and fully transparent.

3. The Commission shall publish and disseminate the results and conclusions of the evaluations conducted under this Article.

Article 19

Access to results and information on proposals

1. EURAMET shall provide the Commission access to all information related to the indirect actions it funds. Such information shall include the results of beneficiaries’ participation in indirect actions of the Metrology Partnership or any other information deemed necessary for developing, implementing, monitoring and evaluating Union policies or programmes. Such access rights are limited to a non-commercial and non-competitive use and shall comply with the applicable confidentiality rules.

2. EURAMET shall enter information on funded proposals of the Metrology Partnership in the database established pursuant to Article 50 of Regulation (EU) 2021/695.

3. For the purposes of developing, implementing, monitoring and evaluating Union policies or programmes, EURAMET shall provide the Commission with information included in submitted proposals.

Article 20

Confidentiality

Without prejudice to Article 17, EURAMET shall ensure the protection of confidential information which, if disclosed beyond the Union institutions, bodies, offices or agencies, could damage the interests of EURAMET members or of participants in the activities of the Metrology Partnership. Such confidential information includes but is not limited to personal, commercial, sensitive non-classified and classified information.

Article 21

Conflicts of interest

1. EURAMET, its bodies and staff, and the bodies of the Metrology Partnership shall take the appropriate measures to prevent any conflict of interest in the implementation of their activities, and shall ensure that a person faced with such a conflict of interest does not decide, give advice, or assist on the specific matter affected by that conflict of interest.

2. EURAMET shall adopt rules for the prevention, avoidance and management of conflicts of interest in respect of the staff of EURAMET, the members and other persons serving in the Metrology Partnership Committee and in the other bodies or groups of EURAMET and the Metrology Partnership, in accordance with Article 61 of Regulation (EU, Euratom) 2018/1046.

3. EURAMET shall establish a code of conduct for members of the Metrology Partnership Committee, considering the publication of declarations of professional activities, financial interests and conflicts of interest in accordance with data protection rules.

Article 22

Entry into force

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Article 23

Addressees

This Decision is addressed to the Member States.