Annexes to COM(2019)331 - European Institute of Innovation and Technology (recast) - Main contents

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier	COM(2019)331 - European Institute of Innovation and Technology (recast).
document	COM(2019)331
date	May 20, 2021

Annex II.

(5) OJ L 282, 19.10.2016, p. 4.

(6) Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 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 L 170, 12.5.2021, p. 1).

(7) 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).

(8) 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).

(9) 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).

(10) 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).

(11) 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).

(12) 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).

(13) 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).

(14) 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).

(15) 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).

(16) OJ L 136, 31.5.1999, p. 15.

ANNEX I

STATUTES OF THE EUROPEAN INSTITUTE OF INNOVATION AND TECHNOLOGY

SECTION 1

COMPOSITION OF THE GOVERNING BOARD

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.

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 29 November 2022. The members of the Governing Board appointed before 28 May 2021 shall complete their non-renewable term of office.

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.

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.

The Governing Board may invite a Member of the EIC Board or other stakeholders to attend their meetings as observers.

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

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;

(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;

(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;

(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.

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;

(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.

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;

(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

The Governing Board shall elect its Chairperson from among its members. The term of office of the Chairperson shall be two years, renewable once.

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.

The Director shall participate in the meetings of the Governing Board, without the right to vote.

The Governing Board shall adopt decisions by simple majority of members having a right to vote.

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.

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.

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.

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.

SECTION 4

THE EXECUTIVE COMMITTEE

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

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.

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

The Governing Board may request the Executive Committee to supervise and monitor the implementation of decisions and recommendations of the Governing Board.

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.

Decisions of the Executive Committee shall be adopted on the basis of a majority of the members present. Each member shall have one vote.

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.

The Director shall participate in the meetings of the Executive Committee, without the right to vote.

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.

SECTION 5

THE DIRECTOR

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.

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.

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.

The Director shall be removed from office only upon a decision of the Governing Board, acting on a proposal from the Commission.

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.

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);

(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);

(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.

The Director shall perform any other tasks entrusted to him or her by the Governing Board and under its responsibility.

SECTION 6

STAFF OF THE EIT AND SECONDED NATIONAL EXPERTS

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 28 May 2021, regardless of the starting date of their contract of employment.

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.

(1) OJ L 56, 4.3.1968, p. 1.

ANNEX II

REPEALED REGULATION WITH THE AMENDMENT THERETO

Regulation (EC) No 294/2008 of the European Parliament and of the Council	(OJ L 97, 9.4.2008, p. 1)
Regulation (EU) No 1292/2013 of the European Parliament and of the Council	(OJ L 347, 20.12.2013, p. 174)

ANNEX III

CORRELATION TABLE

Regulation (EC) No 294/2008	This Regulation
Article 1	Article 1
Article 2, point 1	Article 2, point 1
Article 2, point 2	Article 2, point 2
Article 2, point 3	Article 2, point 3
Article 2, point 5	Article 2, point 5
Article 2, point 6	Article 2, point 6
Article 2, point 7	Article 2, point 7
-	Article 2, point 8
Article 2, point 8	-
Article 2, point 9	Article 2, point 9
Article 2, point 9a	Article 2, point 10
Article 2, point 10	Article 2, point 11
-	Article 2, point 12
Article 2, point 11	Article 2, point 13
-	Article 2, point 14
-	Article 2, point 15
-	Article 2, point 16
Article 3	Article 3(1) and (2)
Article 4(1), points (a), (c) and (d)	Article 5(1)
Article 4(2)	-
Article 4(3)	Article 5(2)
-	Article 5(3)
Article 5(1), points (a) to (c)	Article 6, points (a), (b) and (c) and point (e)
Article 5(1), point (d)	-
-	Article 6, point (d)
Article 5(1), points (e) and (f)	Article 6, points (f) and (g)
-	Article 6, points (h) and (i)
Article 5(1), points (g) to (i)	Article 6, points (j), (k) and (l)
Article 5(1), point (j)	-
-	Article 6, points (m) and (n)
Article 5(1), point (k)	Article 6, points (o) and (p)
-	Article 6, points (q) to (t)
Article 5(2)	-
Article 6(1), points (a) to (c)	Article 7(1), points (a), (b) and (c)
-	Article 7(1), point (d)
Article 6(1), point (d)	Article 7(1), point (e)
-	Article 7(1), point (f)
Article 6(1), point (e)	Article 7(1), point (g)
-	Article 7(1), points (h) and (i)
Article 6(2), points (a) to (e)	Article 7(2), points (a) to (e)
-	Article 7(3)
Article 6(3)	Article 7(4)
-	Article 8
Article 7(1)	Article 9(1)
Article 7(1a)	Article 9(2)
Article 7(2)	-
Article 7(3)	Article 9(3)
Article 7(4)	Article 9(4)
Article 7(5)	Article 9(5)
Article 7a	Article 10
Article 7b(1)	-
Article 7b(2)	Article 11(1)
-	Article 11(2)
-	Article 11(3)
Article 7b(3)	Article 11(4)
-	Article 11(5)
Article 7b(4)	Article 11(6)
-	Article 11(7)
-	Article 12
Article 8(1)	Article 13(1)
Article 8(2), point (a)	Article 13(2), point (a)
Article 8(2), point (aa)	Article 13(2), point (b)
-	Article 13(2), points (c) to (f)
Article 8(2), point (b)	Article 13(2), point (g)
Article 9(1) and (2)	Article 14(1)
Article 9(3)	Article 14(2)
Article 11	Article 15
Article 12	Article 16
Article 13(1)	Article 17(1)
-	Article 17(2)
Article 13(2) to (7)	Article 17(3) to (8)
Article 14(1)	-
Article 14(2)	Article 18(1)
Article 14(3)	Article 18(2)
-	Article 18(3)
Article 14(4)	Article 18(4)
Article 14(5)	Article 18(5)
Article 14(6)	-
-	Article 18(6)
Article 14(7)	Article 18(7)
Article 15(1)	Article 19(1)
Article 15(2)	Article 19(2)
Article 16(1)	Article 20(1)
Article 16(2)	Article 20(2)
Article 16(2a)	Article 20(3)
Article 16(3)	Article 20(4)
Article 17(1)	-
-	Article 4(4)
Article 17(2)	Article 4(1)
Article 17(2a)	Article 4(2)
Article 17(3)	Article 4(3)
Article 17(4)	Article 4(5)
Article 18	-
Article 19(1)	-
-	Article 21(1)
Article 19(2)	-
Article 19(3)	Article 21(2)
Article 20(1)	Article 22(1)
Article 20(2)	-
Article 20(3)	Article 22(2)
Article 20(4)	-
Article 20(5)	Article 22(3)
Article 20(6)	-
Article 20(7)	-
Article 20(8)	Article 22(4)
Article 20(9)	Article 22(5)
Article 20(10)	Article 22(6)
Article 21(1)	Article 23(1)
Article 21(1a)	Article 23(2)
Article 21(2)	Article 23(3)
Article 21(3)	Article 23(4)
Article 21(4)	-
Article 22	Article 24
Article 22a	Article 25
Article 23	-
-	Article 26
-	Article 27
Article 24	Article 28
Annex	Annex I
-	Annex II
-	Annex III