Legal provisions of COM(2013)503 - Extension of the Joint Undertaking to develop the new generation European air traffic management system (SESAR) until 2024

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Article 1 - Amendments to Regulation (EC) No 219/2007

Regulation (EC) No 219/2007 is amended as follows:

(1)Article 1 is amended as follows:

(a)paragraph 2 is replaced by the following:

‘2.   The Joint Undertaking shall cease to exist on 31 December 2024. In order to take into account the duration of Horizon 2020 — Framework Programme for Research and Innovation (2014-2020),established under Regulation (EU) No 1291/2013 of the European Parliament and of the Council (12) (“Horizon 2020 Framework Programme”) calls for proposals under the Joint Undertaking shall be launched at the latest by 31 December 2020. In duly justified cases calls for proposals may be launched until 31 December 2021.

(12) Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 — the Framework programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC (OJ 347, 20.12.2013, p. 104).’"

(b)paragraph 3 is deleted;

(c)in paragraph (5), the fifth indent is replaced by the following:

‘—ensuring the supervision of activities related to the development of common products duly identified in the ATM Master Plan, through grants to Members and through the most appropriate measures, such as procurement or the award of grants following calls for proposals to achieve the programme objectives, in accordance with Regulation (EU) No 1291/2013’;

(2)in Article 2a, paragraph 5 is replaced by the following:

‘5.   The staff of the Joint Undertaking shall consist of temporary agents and contract agents. The total period of engagement shall not in any case exceed the duration of the Joint Undertaking.’;

(3)Article 4 is amended as follows:

(a)the first and second subparagraphs of paragraph 2 are replaced by the following:

‘2.   The Union contribution under the Multiannual Financial Framework 2014-2020, including EFTA contributions, paid from the budget appropriations allocated to Horizon 2020 Framework Programme shall be EUR 585 000 000.

The arrangements for the Union contribution shall be established by means of a general agreement and annual financial implementation agreements, which shall be concluded between the Commission, on behalf of the Union, and the Joint Undertaking. The arrangements shall include 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 Framework Programme electronic means of dissemination managed by the Commission and provisions for the publication of calls for proposals of the Joint Undertaking also on the single portal for participants as well as through other Horizon 2020 Framework Programme electronic means of dissemination managed by the Commission.’;

(b)paragraph 3 is replaced by the following:

‘3.   All Union financial contributions to the Joint Undertaking shall cease upon expiry of the 2014-2020 financial framework unless otherwise decided by the Council on the basis of a Commission proposal.’;

(4)Article 4a is amended as follows:

(a)paragraph 1 is replaced by the following:

‘1.   The financial rules applicable to the Joint Undertaking shall be adopted by the Administrative Board after consulting the Commission. They shall not depart from the framework Financial Regulation unless it is specifically required for the Joint Undertaking's operation and the Commission has given its prior consent.’;

(b)paragraph 2 is deleted;

(5)Article 5 is amended as follows:

(a)paragraph 2 is replaced by the following:

‘2.   The Commission shall adopt the Union position in the Administrative Board.’;

(b)paragraph 3 is deleted;

(c)paragraph 4 is replaced by the following:

‘4.   Without prejudice to paragraph 2 of this Article, the position of the Union in the Administrative Board as regards decisions concerning significant modifications of the ATM Master Plan shall be adopted by the Commission,by means of implementing acts to be adopted in accordance with the examination procedure referred to in Article 6(2).’;

(6)Article 6 is replaced by the following:

‘Article 6

Committee procedure

1. The Commission shall be assisted by the Single Sky Committee established by Regulation (EC) No 549/2004. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third paragraph of Article 5(4) of Regulation (EU) 182/2011 shall apply.’;

(7)Article 7 is replaced by the following:

‘Article 7

Interim evaluation and report

By 30 June 2017, the Commission shall carry out, with the assistance of independent experts, an interim evaluation on the implementation of this Regulation and the results obtained by the Joint Undertaking, focussing in particular on the impact and effectiveness of these concrete results achieved under the given term, in accordance with the ATM Master Plan. The evaluation shall also cover the working methods, as well as the general financial situation of the Joint Undertaking. The Commission shall prepare a report on that evaluation which includes 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 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.’;

(8)The Annex is amended in accordance with the Annex to this Regulation.

Article 2 - Transitional provisions relating to the membership in the Joint Undertaking

Membership in the Joint Undertaking shall end by 31 December 2016 with regard to the Members of the Joint Undertaking who, as of 1 January 2014, do not contribute in kind or in cash to the costs of the Joint Undertaking's work programme related to the Union's 2014-2020 financial framework.

Article 3 - Transitional provisions relating to the activities of the Joint Undertaking financed under the Union's 2007-2013 financial framework

The activities of the Joint Undertaking financed under the 7th Framework Programme for research and technological development and the Framework Programme on Trans-European networks initiated until 31 December 2013 shall be terminated by 31 December 2016, with the exclusion of project management activities related to their closing down.

Article 4 - Entry into force and application

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

It shall apply from 1 January 2014.

This Regulation shall be binding in its entirety and directly applicable in all Member States.