Explanatory Memorandum to COM(2012)682 - Amendment of Regulation (EC) No 723/2009 concerning the EC legal framework for a European Research Infrastructures Consortium (ERIC) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2012)682 - Amendment of Regulation (EC) No 723/2009 concerning the EC legal framework for a European Research Infrastructures ... |
|---|---|
| source | COM(2012)682  |
| date | 03-12-2012 |
· Grounds for and objectives of the proposal
The ERIC Regulation[1] was adopted by Council in 2009 to facilitate the establishment and operation of European research infrastructures on a non-economic basis. With the Regulation a new legal instrument was created at EU level for establishing European research infrastructures with a legal personality recognized in all Member States. Many of the projects included in the European Strategy Forum on Research Infrastructures (ESFRI) Roadmap, are planning to use the ERIC as the legal instrument to implement and operate the research infrastructure.
The ERIC Regulation provides in Article 9(1) for a distinction and a difference in treatment between Member States, associated countries, third countries other than associated countries and intergovernmental organisations. An ERIC needs at least three Member States as members (Article 9(2)) and Member States shall jointly hold the majority of the voting rights in the assembly of members (Article 9(3)). An ERIC however, may be hosted by a Member State or an associated country (Article 8(1)).
Associated countries and in particular Norway, have indicated strongly that they intend to contribute as host or member to a significant number of ERICs that are in preparation if they would have voting rights as do EU Member States in an ERIC, especially when they would be host of an ERIC and thus provide substantial contributions to its activities.
The objective of the proposed amendment of the ERIC Regulation is to avoid that associated countries would not be able to become host or member of an ERIC because in the current situation, their voting rights do not potentially reflect their financial support to ERIC projects.
· General Context
Until now no associated countries or third states other than associated countries have become member of an ERIC. In view of the Innovation Union commitment to complete or launch construction by 2015 of 60% of the priority infrastructures of pan-European interest in the ESFRI roadmap it is important that associated countries could also be fully involved in the establishment and operation of ERICs as a member or host and contribute to these infrastructures.
Contents
The Commission Impact Assessment that was performed when the ERIC Regulation was proposed for adoption by Council will not be changed by the proposed limited technical amendments of the ERIC Regulation.
The proposed amendment of the ERIC Regulation concerns solely Article 9 paragraphs 2 and 3 in which it is proposed that a minimum of one Member State together with at least two Member States or associated countries is necessary for establishing an ERIC. Furthermore it is proposed that Member States or associated countries shall hold jointly the majority of voting rights in the general assembly. No other changes are proposed.
The proposed amendment of the ERIC Regulation has no budgetary implications for the Union or for the Member States.