Legal provisions of COM(2022)47 - Amendment of Regulation (EU) 2021/2085 establishing the Joint Undertakings under Horizon Europe, as regards the Chips Joint Undertaking - Main contents
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| dossier | COM(2022)47 - Amendment of Regulation (EU) 2021/2085 establishing the Joint Undertakings under Horizon Europe, as regards the Chips Joint ... |
|---|---|
| document | COM(2022)47  |
| date | July 25, 2023 |
Article 1
(1) Article 2 is amended as follows:
(a)Points 2, 3 and 4 are replaced by the following:
“2. ‘founding member’ means any legal entity established in a Member State, a country associated to Horizon Europe or, where applicable, to the Digital Europe Programme, or an international organisation that is identified as a member of a joint undertaking in this Regulation or in one of its Annexes;
“3. ‘associated member’ means any legal entity established in a Member State, a country associated to Horizon Europe or, where applicable, to the Digital Europe Programme, or an international organisation that accedes to a joint undertaking by signing a letter of commitment in accordance with Article 6(3) and subject to an approval in accordance with Article 7;
4. ‘participating state’ means any Member State or country associated to Horizon Europe or, where applicable, to the Digital Europe Programme upon notification of its participation in the activities of the relevant joint undertaking by means of a letter of commitment;”;
(2) Article 3 is amended as follows:
(a)In paragraph 1, point (g) is replaced by the following:
“(g) the Chips Joint Undertaking;”;
(b)paragraph 3 is replaced by the following:
“3. In order to take into account the duration of Horizon Europe and, where applicable, the Digital Europe Programme, calls for proposals under the joint undertakings shall be launched at the latest by 31 December 2027. In duly justified cases, calls for proposals may be launched by 31 December 2028, at the latest.”
(3) In Article 4 (1), the following subparagraph is added:
“The Chips Joint Undertaking shall also contribute to the objectives of the Chips for Europe Initiative and the Digital Europe Programme”.
(4) In Article 10, paragraphs 2 and 3 are replaced by the following:
“2. The amount of the Union contribution specified in Part Two may be increased with contributions from third countries associated to Horizon Europe in line with Article 16(5) of Regulation (EU) 2021/695 and, where applicable, to the Digital Europe Programme in accordance with point (d) of Article 10(1) of Regulation (EU) 2021/694, provided that the total amount by which the Union contribution is increased is at least matched by the contribution of members other than the Union, or their constituent or affiliated entities.
3. The Union contribution shall be paid from the appropriations in the general budget of the Union allocated to the Specific Programme implementing Horizon Europe and, where applicable, to the Digital Europe Programme, in accordance with Article 62(1), point (c)(iv), and Article 154 of Regulation (EU, Euratom) 2018/1046 in the case of bodies referred to in Article 71 of that Regulation.”
(5) Article 12(1) is amended as follows:
(a)The second subparagraph of paragraph 1 is replaced by the following:
“1. In addition to criteria set out in Article 22 of the Horizon Europe Regulation or, in the case of the Chips Joint Undertaking, in Article 18 of the Digital Europe Programme, the work programme may include, as an annex, eligibility criteria regarding national legal entities.”
(b)The third subparagraph of paragraph 1 is replaced by the following:
“Each participating state shall entrust the joint undertaking with the evaluation of the proposals according to the contributing Union programme.”
(6) In Article 29, paragraph 2 is replaced by the following:
(a)Paragraph 2 is replaced by the following:
“2. Budgetary commitments of the joint undertakings referred to in Article 3(1), points (b), (d), (g) and (h), may be divided into annual instalments. Until 31 December 2024, the cumulative amount of those budgetary commitments in instalments shall not exceed 50 % of the maximum Union contribution set out in Article 10. From January 2025, at least 20 % of the cumulative budget of the residual years shall not be covered by annual instalments.”
(7) Article 126 is amended as follows:
(a)In paragraph 1 point (b) is replaced by the following:
“(b) Establish Union scientific excellence and innovation leadership in emerging components and systems technologies, including in activities related to lower TRLs; and promote the active involvement of SMEs, which shall represent at least one third of the total number of participants in indirect actions and at least 20 % of public funding dedicated to research and innovation actions should go to them.
(b)In paragraph 1 the following point (d) is added:
“(d) increase large-scale capacity throughout the Union in cutting-edge and next-generation semiconductor technologies to reinforce the Union’s advanced design, systems integration and semiconductor production capabilities and limit where possible the environmental footprint.”
(c)In paragraph 2 point (f) is replaced by the following:
“(f) establish coherence between the Strategic Research and Innovation Agenda of the Chips Joint Undertaking inputs from other relevant stakeholders, including as appropriate, roadmaps produced by the Alliance on Processors and Semiconductor technologies and Union policies so that electronics components and systems technologies contribute efficiently.”
(d)In paragraph 2 the following points (g), (h), (i) and (j) are added:
“(g) build up large-scale design capacities for integrated semiconductor technologies.
(h) enhance existing and develop new pilot lines.
(i) build advanced technology and engineering capacities for accelerating the development of quantum chips.
(j) establish a network of competence centres across Europe.”
(8) Article 128 is replaced by the following:
Article 128
1. The Union financial contribution to the Joint Undertaking including EEA appropriations shall be up to EUR 4 175 000 000, including up to EUR 50 174 000 for administrative costs distributed as follows:(a) up to EUR 2 650 000 000 from Horizon Europe;
(b) up to EUR 1 525 000 000 from the Digital Europe Programme;
2. The Union financial contribution referred to in paragraph 1 shall be paid from the appropriations in the general budget of the Union allocated to each relevant programme.
3. Additional Union funds complementing the contribution referred to in paragraph 1 of this Article may be allocated to the Joint Undertaking from third countries associated to Horizon Europe or the Digital Europe Programme in accordance with their respective association agreements. Those additional Union funds shall not affect the Participating States’ contribution referred to in Article 129(1).
4. The Union financial contribution referred to in paragraph 1 point (a) of this Article shall be used for the Joint Undertaking to provide financial support to indirect actions as defined in Article 2, point (43), of Regulation (EU) 2021/695, corresponding to the research and innovation activities of the Joint Undertaking.
5. The Union financial contribution referred to in paragraph 1 point (b) shall be used for capability building for pilot lines and design infrastructures across the whole Union.
(9) In Article 129 paragraph 3 is replaced by the following:
“3. By way of derogation from Article 28(4), the private members shall make or arrange for their constituent and affiliated entities to make a financial contribution of at least EUR 26 331 000 for administrative costs of the Chips Joint Undertaking. The share of the total contribution on an annual basis for administrative costs of the Chips Joint Undertaking by the private members shall be 35%.”
(10) In Article 133, the following paragraph 3a is added:
“3a. The Governing Board shall solely include the Commission and public authorities from Member States when voting on the part of the work programme related to capacity building activities. The Commission shall hold 50% of the voting rights. Paragraphs 2 and 3 shall apply mutatis mutandis to the voting rights of the Member States.”
(11) The following Article 133a is inserted
Article 133 - a Rules applicable to the activities funded under the Digital Europe Programme
1. Regulation (EU) 2021/694 shall apply to the activities funded by the Chips Joint Undertaking under the Digital Europe Programme.2. The work programme and the calls for proposals of the Chips Joint Undertaking shall be published on the website of the Digital Europe Programme.
3. In the case of the Chips Joint Undertaking, ex post audits of expenditure on activities funded by the Digital Europe Programme budget shall be carried out by the Joint Undertaking in accordance with Article 27 of Regulation (EU) 2021/694.
(12) Article 134 is replaced by the following:
Article 134 - Limitations and conditions to participation in specific actions
1. For actions funded under the Horizon Europe, by way of derogation from Article 17(2), point (l), where the Commission so requests, following approval of the Public Authorities Board, participation in specific actions shall be limited in accordance with Article 22(5) of Regulation (EU) 2021/695.2. For actions funded under the Digital Europe Programme, where the Commission so requests, following approval of the Public Authorities Board, participation in specific actions shall be limited in accordance with Articles 12(6) and 18 of the Regulation (EU) 2021/694.
3. For actions funded under more than one contributing Union programme, the work programme shall set joint conditions, including for the limitation of participation under paragraphs 1-2 of this Article, in accordance with the rules of the contributing Union programmes.
4. Certain actions may be carried out by legal entities cooperating within a consortium structured in a form of European Chips Infrastructure Consortium. The actions for which such consortium may be necessary, as well as specific eligibility requirements for implementing specific actions and tasks, and, where appropriate, operational requirements for setting up, operating, and winding up shall be defined in the work programme.
(13) The following Article 134a is inserted
Article 134 - a Additional tasks of the Executive Director
In addition to the tasks listed in Article 19, the Executive Director of the Chips Joint Undertaking shall prepare and, after having taken into account the definition of the Public Authorities Board referred to in Article 137(f), as well as the inputs from relevant stakeholders including as appropriate, roadmaps produced by the Alliance on Processors and Semiconductor technologies, submit for adoption to the Governing Board the work programme for the joint undertaking, to implement the Strategic Research and Innovation Agenda.(14) Article 136 is amended as follows:
(a)Paragraph 2 is replaced by the following:
“2. For the purpose of paragraphs (1) and (2) Article 134 and points (f) and (g) of Article 137, the Public Authorities Board shall include only the Commission and public authorities from Member States. Paragraph 1 shall apply mutatis mutandis.”
(15) Article 137 is amended as follows:
(a)The following points (f) and (g) are added:
“(f) before each work programme is prepared, define the part of the work programme related to capacity building activities and research and innovation activities, including the corresponding expenditure estimates, taking into account the advice of the European Semiconductor Board and input from other relevant stakeholders, including as appropriate, roadmaps produced by the Alliance on Processors and Semiconductor Technologies;
(g) select proposals corresponding to capacity building activities in accordance with Articles 12(1) and 17(2), point (u);”
(b)Point (d) is replaced by the following:
“(d) select proposals corresponding to research and innovation activities in accordance with Articles 12(1) and 17(2), point (u);”
(16) Article 141 is replaced by the following:
Article 141 - Funding rates and rules for participation
1. For indirect actions funded under Horizon Europe, in accordance with Article 17(2) of Regulation (EU) 2021/695 and by way of derogation from Article 34 of that Regulation and for activities funded under the Digital Europe Programme, the Chips Joint Undertaking may apply different funding rates for the Union funding within an action depending on the type of participant, in particular SMEs and non-profit legal entities, and the type of action. The funding rates shall be indicated in the work programme.2. Where it is duly justified in the description of relevant topics in the work programme, a single legal entity established in a Member State or associated country or consortia not meeting the condition laid down in Article 22(2) of Regulation (EU) 2021/695 or in Article 18 of Regulation (EU) 2021/694 shall be eligible to participate in actions funded by the Chips Joint Undertaking.
(17) The references to “Key Digital Technologies Joint Undertaking” shall be understood as referring to “Chips Joint Undertaking”.
Article 2
This Regulation shall be binding in its entirety and directly applicable in all Member States.