Legal provisions of COM(2021)574 - 2030 Policy Programme “Path to the Digital Decade” - Main contents

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dossier	COM(2021)574 - 2030 Policy Programme “Path to the Digital Decade”.
document	COM(2021)574
date	December 14, 2022

Article 1

Subject matter

1. This Decision establishes the Digital Decade Policy Programme 2030 and sets out a monitoring and cooperation mechanism for that programme designated to:

(a)	creating an environment favourable to innovation and investment by setting a clear direction for the digital transformation of the Union and for the delivery of digital targets at Union level by 2030, on the basis of measurable indicators;

(b)	structuring and stimulating cooperation between the European Parliament, the Council, the Commission and the Member States;

(c)	fostering the consistency, comparability, transparency and completeness of monitoring and reporting by the Union.

2. This Decision establishes a framework for multi-country projects.

Article 2

Definitions

For the purposes of this Decision, the following definitions apply:

(1)

‘Digital Economy and Society Index’ or ‘DESI’ means an annual set of analyses and measurement indicators on the basis of which the Commission monitors the Union’s and the Member States’ overall digital performance across several policy dimensions, including their progress towards the digital targets set out in Article 4;

(2)	‘multi-country projects’ means large-scale projects facilitating the achievement of the digital targets set out in Article 4, including the Union’s and the Member States’ financing, in accordance with Article 10;

(3)	‘statistics’ means statistics as defined in Article 3, point (1), of Regulation (EC) No 223/2009 of the European Parliament and of the Council (18);

(4)

‘peer review process’ means a mechanism whereby Member States exchange best practices on specific aspects of the policies, measures and actions proposed by a given Member State, and in particular on their efficiency and suitability to contributing to achieving a specific target of the digital targets set out in Article 4, in the context of cooperation pursuant to Article 8;

(5)	‘projected trajectory’ means the projected path per digital target until 2030, to achieve the digital targets set out in Article 4, on the basis of historical data where available;

(6)	‘edge nodes’ means distributed data-processing capacity connected to the network and located close to or in the physical endpoint where the data is generated, which offers distributed computing and storage capabilities for low-latency data processing;

(7)	‘digital intensity’ means the aggregated value attributed to an undertaking, on the basis of the number of technologies it uses, against a scoreboard of various technologies, in line with DESI;

(8)	‘key public services’ means essential services provided by public entities to natural persons in their major life events and to legal persons in their professional life-cycle;

(9)	‘advanced digital skills’ means skills and professional competencies requiring knowledge and experience necessary to understand, design, develop, manage, test, deploy, use and maintain digital technologies, products and services;

(10)	‘basic digital skill’ means the ability to perform, by digital means, at least one activity related to the following areas: information, communication and collaboration, content creation, safety and personal data, and problem-solving;

(11)

‘unicorn’ means either:

(a)	an undertaking founded after 31 December 1990, which had an initial public offering or trade sale above USD 1 billion; or

(b)	an undertaking that has been valued at over USD 1 billion in its last private venture funding round, including where the valuation has not been confirmed in a secondary transaction;

(12)	‘small or medium sized enterprise’ or ‘SME’ means a microenterprise or a small or medium-sized enterprise as defined in Article 2 of the Annex to Commission Recommendation 2003/361/EC (19).

Article 3

General objectives of the Digital Decade Policy Programme 2030

1. The European Parliament, the Council, the Commission and the Member States shall cooperate to support and achieve the following general objectives at Union level (the ‘general objectives’):

(a)	promoting a human-centred, fundamental-rights-based, inclusive, transparent and open digital environment where secure and interoperable digital technologies and services observe and enhance Union principles, rights and values and are accessible to all, everywhere in the Union;

(b)

reinforcing Member States’ collective resilience and bridging the digital divide, achieving gender and geographic balance by promoting continuous opportunities for all individuals, developing basic and advanced digital skills and competencies, including through vocational and professional training, and lifelong learning, and fostering the development of high-performing digital capacities within horizontal education and training systems;

(c)

ensuring the Union’s digital sovereignty in an open manner, in particular by secure and accessible digital and data infrastructures capable of efficiently storing, transmitting and processing vast volumes of data that enable other technological developments, supporting the competitiveness and sustainability of the Union’s industry and economy, in particular of SMEs, and the resilience of the Union’s value chains, as well as fostering the start-up ecosystem and the smooth functioning of the European digital innovation hubs;

(d)

promoting the deployment and the use of digital capabilities with a view to reducing the geographical digital divide and granting access to digital technologies and data on open, accessible and fair terms, in order to achieve a high level of digital intensity and innovation in Union enterprises, in particular start-ups and SMEs;

(e)

developing a comprehensive and sustainable ecosystem of interoperable digital infrastructures, where high performance, edge, cloud, quantum computing, artificial intelligence, data management and network connectivity work in convergence, to promote their uptake by businesses in the Union, and to create opportunities for growth and jobs through research, development and innovation, and ensuring that the Union has a competitive, secure and sustainable data cloud infrastructure in place, with high security and privacy standards and complying with the Union data protection rules;

(f)	promoting a Union digital regulatory environment to support the ability of Union undertakings, especially that of SMEs, to compete fairly along global value chains;

(g)

ensuring that online participation in democratic life is possible for everyone, and that public services, health and care services are also accessible in a trusted and secure online environment for everyone, in particular for disadvantaged groups including persons with disabilities, and in rural and remote areas, offering inclusive, efficient, interoperable and personalised services and tools with high security and privacy standards;

(h)

ensuring that digital infrastructure and technologies, including their supply chains, become more sustainable, resilient, and energy- and resource-efficient, with a view to minimising their negative environmental and social impact, and contributing to a sustainable circular and climate-neutral economy and society in line with the European Green Deal, including by promoting research and innovation which contribute to that end and by developing methodologies for measuring the energy and resource efficiency of the digital space;

(i)

facilitating fair and non-discriminatory conditions for users during the digital transformation throughout the Union by strengthening the synergies between private and public investments and the use of Union and national funds, and by developing predictable regulatory and supportive approaches that also involve the regional and local levels;

(j)

ensuring that all policies and programmes which are relevant to achieving the digital targets set out in Article 4 are taken into account in a coordinated and coherent way to fully contribute to the European green and digital transition, while avoiding overlaps and minimising administrative burdens;

(k)	improving resilience to cyberattacks, contributing to increasing risk-awareness and the knowledge of cybersecurity processes, and increasing the efforts of public and private organisations to achieve at least basic levels of cybersecurity.

2. In cooperating to achieve the general objectives set out in this Article, the Member States and the Commission shall take account of the digital principles and rights set out in the European Declaration on Digital Rights and Principles for the Digital Decade.

Article 4

Digital targets

1. The European Parliament, the Council, the Commission and the Member States shall cooperate with a view to achieving the following digital targets in the Union by 2030 (the ‘digital targets’):

(1)

a digitally skilled population and highly skilled digital professionals, with the aim of achieving gender balance, where:

(a)	at least 80 % of those aged 16-74 have at least basic digital skills;

(b)	at least 20 million ICT specialists are employed within the Union, while promoting the access of women to this field and increasing the number of ICT graduates;

(2)

secure, resilient, performant and sustainable digital infrastructures, where:

(a)

all end users at a fixed location are covered by a gigabit network up to the network termination point, and all populated areas are covered by next-generation wireless high-speed networks with performance at least equivalent to that of 5G, in accordance with the principle of technological neutrality;

(b)	the production, in accordance with Union law on environmental sustainability, of cutting-edge semiconductors in the Union is at least 20 % of world production in value;

(c)	at least 10 000 climate-neutral highly secure edge nodes are deployed in the Union, distributed in a way that guarantees access to data services with low latency (i.e. a few milliseconds) wherever businesses are located;

(d)	the Union has, by 2025, its first computer with quantum acceleration, paving the way for the Union to be at the cutting edge of quantum capabilities by 2030.

(3)

the digital transformation of businesses, where:

(a)

at least 75 % of Union enterprises have taken up one or more of the following, in line with their business operations:

(i)	cloud computing services;

(ii)

big data;

(iii)

artificial intelligence;

(b)	more than 90 % of Union SMEs reach at least a basic level of digital intensity;

(c)	the Union facilitates the growth of its innovative scale-ups and improves their access to finance, leading to at least doubling the number of unicorns;

(4)

the digitalisation of public services, where:

(a)	there is 100 % online accessible provision of key public services and, where relevant, it is possible for citizens and businesses in the Union to interact online with public administrations;

(b)	100 % of Union citizens have access to their electronic health records;

(c)	100 % of Union citizens have access to secure electronic identification (eID) means that are recognised throughout the Union, enabling them to have full control over identity transactions and shared personal data.

2. The Commission, taking into account in particular the information submitted by Member States in accordance with Article 5(2) and Articles 7, 8 and 9, shall review the digital targets and the relevant definitions by 30 June 2026. The Commission shall submit a report to the European Parliament and to the Council regarding the outcome of the review, and shall submit a legislative proposal to amend the digital targets where it considers it to be necessary to address technical, economic or societal developments in order to achieve a successful digital transformation of the Union.

Article 5

Monitoring of progress

1. The Commission shall monitor the progress of the Union towards the general objectives and the digital targets. To that end, the Commission shall rely upon DESI and shall set out, by means of an implementing act, the KPIs for each digital target. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 23(2).

2. Member States shall provide to the Commission in a timely manner the necessary statistics and data required for the effective monitoring of the digital transformation and of the degree of achievement of the digital targets. Those data shall, where possible, be disaggregated by gender and by region, in accordance with Union and national law. Where the relevant statistics from Member States are not available, the Commission may use an alternative data collection methodology, such as studies or direct collection of data from the Member States, in consultation with the Member States, including in order to ensure that the regional level is properly documented. The use of that alternative data collection methodology shall not affect the tasks of the Commission (Eurostat) as laid down in Commission Decision 2012/504/EU (20).

3. The Commission, in close cooperation with Member States, shall establish Union-level projected trajectories for each of the digital targets. Those projected trajectories shall serve as a basis for the Commission’s monitoring referred to in paragraph 1 and for the Member States’ national digital decade strategic roadmaps (the ‘national roadmaps’). Where necessary, in light of technical, economic or societal developments, the Commission, in close cooperation with the Member States, shall update one or more of those projected trajectories. The Commission shall report to the European Parliament and the Council about the Union-level projected trajectories and their updates in a timely manner.

Article 6

Report on the state of the Digital Decade

1. The Commission shall annually submit and present to the European Parliament and to the Council a comprehensive report on the state of the Digital Decade (the ‘Report on the Digital Decade’). The Report on the Digital Decade shall cover progress with regard to the digital transformation of the Union and DESI.

The Commission shall submit its first Report on the Digital Decade by 9 January 2024.

2. In the Report on the Digital Decade, the Commission shall provide an assessment of the progress of the Union’s digital transformation towards the digital targets, as well as the state of compliance with the general objectives. The assessment of the progress made shall be based, in particular, on the analysis and KPIs in DESI compared to Union-level projected trajectories and national projected trajectories, taking into account, where applicable and possible, an analysis of the regional dimension. The assessment of the progress made shall also be based, where applicable, on the establishment of, and progress regarding, multi-country projects.

3. In the Report on the Digital Decade, the Commission shall identify significant gaps and shortages and recommend policies, measures or actions to be taken by Member States in areas where progress was insufficient to achieve the general objectives and the digital targets. Those recommended policies, measures or actions may, in particular, address:

(a)	the level of ambition of contributions and initiatives proposed by Member States, with a view to achieving the general objectives and the digital targets;

(b)	policies, measures and actions at Member State level, including, where relevant, of the regional dimension, and other policies and measures of potential cross-border relevance;

(c)	any additional policies, measures or actions that might be required to adjust national roadmaps;

(d)	the interactions between, and the consistency of, existing and planned policies, measures and actions.

4. The Report on Digital Decade shall take into account joint commitments as referred to in Article 8(4), as well as the implementation thereof.

5. The Report on Digital Decade shall include information on progress regarding recommended policies, measures or actions referred to in paragraph 3 of this Article and mutually agreed conclusions pursuant to Article 8(7) and the implementation thereof.

6. The Report on the Digital Decade shall assess the need for any additional policies, measures or actions that might be required at Union level.

Article 7

National digital decade strategic roadmaps

1. By 9 October 2023, each Member State shall submit to the Commission its national roadmap. The national roadmaps shall be consistent with, and shall contribute to, achieving at Union level the general objectives and the digital targets. Member States shall take into account relevant sectoral initiatives and foster consistency with them.

2. Each national roadmap shall comprise the following:

(a)	the main planned, adopted and implemented policies, measures and actions that contribute to achieving the general objectives and the digital targets;

(b)	national projected trajectories contributing to achieving the relevant digital targets that are measurable at national level, while the regional dimension is reflected where possible in the national roadmaps;

(c)	the timing, and expected impact on achieving the general objectives and the digital targets, of the planned, adopted and implemented policies, measures and actions referred to in point (a).

3. The policies, measures and actions referred to in paragraph 2 shall indicate one or more of the following:

(a)	the relevant directly applicable Union or national law;

(b)	one or more commitments undertaken to adopt those policies, measures or actions;

(c)	the public financial resources allocated;

(d)	the human resources mobilised;

(e)	any other critical enablers related to achieving the general objectives and the digital targets that they constitute.

4. In their national roadmaps, Member States shall provide an estimate of the investments and resources needed to contribute to achieving the general objectives and the digital targets, as well as a general description of the sources of those investments, either private or public, including, where applicable, the planned use of Union programmes and instruments. The national roadmaps may include proposals for multi-country projects.

5. Member States may establish regional roadmaps. The Member States shall strive to align such regional roadmaps with their national roadmaps, and may integrate them therein, in order to ensure that the general objectives and the digital targets are pursued throughout their territories.

6. Member States shall ensure that their national roadmaps take into consideration the latest country-specific recommendations issued in the context of the European Semester. Adjustments to national roadmaps shall take into utmost account the recommended policies, measures and actions under Article 6(3).

7. The Commission shall provide guidance and support to Member States in the preparation of their national roadmaps, including, where possible, on how to establish at national level, where possible taking into account the regional dimension, appropriate national projected trajectories which can effectively contribute to the achievement of the Union-level projected trajectories.

Article 8

Cooperation mechanisms between the Commission and the Member States

1. The Commission and the Member States shall cooperate with each other closely to identify ways to address deficiencies in areas where progress in achieving one or more of the digital targets is regarded to be insufficient by the Commission and the Member States or where significant gaps and shortages have been identified on the basis of the results of the Report on the Digital Decade. That analysis shall take into account, in particular, the various capacities of Member States to contribute to achieving some of the digital targets and the risk that delays in achieving certain of those targets may have a detrimental effect on the achievement of other digital targets.

2. Within 2 months of the publication of the Report on the Digital Decade, the Commission and the Member States shall endeavour to discuss the Member State’s preliminary observations, in particular as regards policies, measures and actions recommended by the Commission in its report.

3. Within 5 months of the publication of the second Report on the Digital Decade and every second year thereafter, the Member States concerned shall submit to the Commission adjustments to their national roadmaps consisting of policies, measures and actions they intend to undertake, including, where relevant, proposals for multi-country projects, to foster progress in achieving the general objectives and the areas concerned by the digital targets. If a Member State considers that no action is required and that its national roadmap does not require updating, it shall provide its reasons to the Commission.

4. At any point during cooperation pursuant to this Article, the Commission and Member States, or at least two Member States, may make joint commitments, consult other Member States on policies, measures or actions, or establish multi-country projects. Such joint commitments may be made by the Commission and one or more Member States or by at least two Member States. Such multi-country projects shall involve the participation of at least three Member States, in accordance with Article 10. Member States may also request that a peer review process be launched regarding specific aspects of their policies, measures or actions, and in particular regarding the suitability of those policies, measures or actions to contribute to achieving a specific digital target, as well as to meet the obligations and carry out the tasks provided for in this Decision. The outcome of the peer review process may be included in the following Report on the Digital Decade, if the Member State concerned agrees.

5. The Commission shall inform Member States about the recommended policies, measures and actions it intends to include in the Report on the Digital Decade before the publication of the report.

6. The Commission and the Member States shall cooperate with each other closely in order to meet the obligations and carry out the tasks provided for in this Decision. To that end, each Member State may initiate a dialogue, either with the Commission, or with the Commission and the other Member States, on any subject relevant to achieving the general objectives and the digital targets. The Commission shall provide all appropriate technical assistance services and expertise, and shall organise a structured exchange of information and of best practices and shall facilitate coordination.

7. In the event of a significant or continuous deviation from the national projected trajectories, the Commission or the Member State concerned may initiate a structured dialogue with each other.

The structured dialogue shall be based on a specific analysis of how such a deviation could affect the collective achieving of the general objectives and the digital targets, in view of the evidence and data in the Report on the Digital Decade. The aim of the structured dialogue shall be to provide guidance and support the Member State concerned in identifying the appropriate adjustments to its national roadmap or any other necessary measures. The structured dialogue shall result in mutually agreed conclusions, which shall be taken into account in the follow-up actions to be taken by the Member State concerned. The Commission shall duly inform the European Parliament and the Council about the structured dialogue process and shall present to them the mutually agreed conclusions.

Article 9

Consultation of stakeholders

1. The Commission shall, in a timely and transparent manner and on a regular basis, consult private and public stakeholders, including representatives of SMEs, the social partners and civil society, to collect information and develop recommended policies, measures and actions for the purposes of implementing this Decision. The Commission shall publish the outcome of the consultations carried out pursuant to this Article.

2. The Member States shall, in a timely manner and in accordance with national law, consult private and public stakeholders, including representatives of SMEs, the social partners and civil society, as well as regional and local representatives, when adopting their national roadmaps and the adjustments thereto.

Article 10

Multi-country projects

1. Multi-country projects shall facilitate achieving the general objectives and the digital targets.

2. Multi-country projects shall aim to achieve one or more of the following specific goals:

(a)	improving the cooperation between the Union and the Member States and among the Member States in achieving the general objectives;

(b)

reinforcing the Union’s technological excellence, leadership, innovation and industrial competitiveness in critical technologies, complementary technology combinations, and digital products, infrastructure and services that are essential for economic recovery and growth and for the security and safety of individuals;

(c)	addressing strategic vulnerabilities and dependencies of the Union along the digital supply chains in order to enhance their resilience;

(d)	increasing the availability, and promoting the best use, of safe digital solutions in areas of public interest and the private sector while observing the principles of technological neutrality;

(e)	contributing to an inclusive and sustainable digital transformation of the economy and society that benefits all citizens and businesses, in particular SMEs, across the Union;

(f)	promoting digital skills for citizens through education, training and life-long learning, with a focus on fostering gender-balanced participation in education and career opportunities.

An indicative list of possible areas of activity in which multi-country projects addressing those specific objectives could be established is set out in the Annex.

3. A multi-country project shall involve the participation of at least three Member States.

4. Where appropriate, a Member State participating in a multi-country project may delegate the implementation of its part of that project to a region, in line with its national roadmap.

5. The Commission may, pursuant to Article 6(3) and Article 8(4), recommend that Member States propose a multi-country project or participate in a multi-country project meeting the requirements of paragraphs 1, 2 and 3 of this Article, taking into account progress in implementing the relevant national roadmaps. The Commission and the Member States may also undertake to set up, or join, a multi-country project as a joint commitment.

Article 11

Selection and implementation of multi-country projects

1. Taking into account proposals for multi-country projects in the national roadmaps and joint commitments, the Commission shall, in close cooperation with the Member States, prepare and publish, as an annex to the Report on the Digital Decade, the strategic principles and priorities for the implementation of multi-country projects, and a progress report on the multi-country projects selected for implementation at the time of the publication of the Report on the Digital Decade.

2. All Union programmes and investment schemes may, if allowed by the acts establishing them, contribute to a multi-country project.

3. A third country may participate in a multi-country project if that country is associated to a directly managed Union programme which supports the digital transformation of the Union, and if its participation is necessary to facilitate the achievement of the general objectives and digital targets with regard to the Union and the Member States. Such an associated third country, including in its financial contributions, shall comply with the rules arising from the Union programmes and investment schemes contributing to the multi-country project.

4. Other entities, whether public or private, may contribute to multi-country projects, where appropriate. Complementary private contributions shall contribute to the achievement of the purpose and goals laid down in Article 10(1) and (2) and shall support, where relevant, open access to results and their reuse in the interest of citizens and businesses in the Union.

5. Multi-country projects may be implemented by recourse to any of the following mechanisms:

(a)	joint undertakings;

(b)	European Research Infrastructure Consortia;

(c)	the Union’s agencies;

(d)	independently by the Member States concerned;

(e)	to promote the execution of important projects of common European interest under Article 107(3), point (b), TFEU;

(f)	European digital infrastructure consortia, in accordance with Articles 13 to 21;

(g)	other appropriate implementation mechanisms.

Article 12

Multi-country projects accelerator

1. The Commission shall, at the request of the participating Member States or on its own initiative and in agreement with the participating Member States, coordinate the implementation of a multi-country project, in accordance with paragraphs 2 to 5, acting as a multi-country project accelerator.

2. As a first coordination step, the Commission shall address to all Member States a call for expressions of interest. The call for expressions of interest shall aim to determine which Member States intend to participate in the multi-country project and what financial or non-financial contribution they propose to provide.

3. As a second coordination step, if at least three Member States express interest in a multi-country project and propose financial or non-financial commitments to that project, the Commission, after consulting all Member States, shall provide guidance on the choice of the appropriate implementation mechanism, on the sources of funding and on their combination within the project, as well as on other strategic aspects related to the implementation of that project.

4. The Commission may provide Member States with guidance regarding the setting-up of European digital infrastructure consortia (EDICs) pursuant to Article 14.

5. The Commission shall support the implementation of multi-country projects by providing, as appropriate, services and resources referred to in Article 8(6).

Article 13

Objective and status of EDICs

1. Member States may implement a multi-country project by means of an EDIC.

2. Any Member State may be represented by one or more public entities, including regions or private entities with a public service mission, as regards the exercise of specified rights and the discharge of specified obligations as a member of an EDIC.

3. EDICs shall have legal personality from the date of entry into force of the relevant Commission decision referred to in Article 14(3), point (a).

4. EDICs shall have in each Member State the most extensive legal capacity accorded to legal entities under the law of that Member State. They may, in particular, acquire, own and dispose of movable, immovable and intellectual property, conclude contracts and be a party to legal proceedings.

5. EDICs shall have a statutory seat, which shall be located on the territory of a Member State that is a member providing a financial or non-financial contribution as referred to in Article 15(1).

Article 14

Setting up an EDIC

1. Member States applying to set up an EDIC shall submit a written application to the Commission. The application shall contain the following:

(a)	a request to the Commission to set up the EDIC;

(b)	the proposed Statutes of the EDIC;

(c)	a technical description of the multi-country project to be implemented by the EDIC;

(d)

a declaration by the host Member State whether it recognises the EDIC as an international body as referred to in Article 143(1), point (g), and Article 151(1), point (b), of Directive 2006/112/EC and as an international organisation as referred to in Article 12(1), point (b), of Directive 2008/118/EC, from the date on which the EDIC is set up.

The limits and conditions of the exemptions provided for in the provisions referred to in point (d) of the first subparagraph shall be laid down in an agreement between the members of the EDIC.

2. The Commission shall assess the application on the basis of the conditions set out in paragraph 1 of this Article. It shall take into account the general objectives, as well as the purposes and goals of the multi-country project, pursuant to Article 10(1) and (2), and practical considerations related to the implementation of the multi-country project to be implemented by the EDIC.

3. The Commission shall, taking into account the results of the assessment referred to in paragraph 2 of this Article, adopt by means of implementing acts either of the following:

(a)	a decision setting up the EDIC, after it has concluded that the requirements laid down in Articles 13 to 21 are met; or

(b)	a decision rejecting the application, if it concludes that the requirements laid down in Articles 13 to 21 are not met, including in the absence of the declaration referred to in paragraph 1, point (d), of this Article.

In the event of a decision rejecting the application under point (b) of the first subparagraph of this paragraph, Member States may form a consortium by way of an agreement. Such a consortium shall not be considered to be an EDIC and shall not benefit from the implementation structure laid down in Articles 13 to 21.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 23(2).

4. Decisions referred to in paragraph 3, point (a) or (b), shall be notified to the applicant Member State. Where the application is rejected, the decision shall be explained in clear and precise terms.

5. The Commission shall annex the essential elements of the Statutes of the EDIC referred to in Article 17(1), points (c), (d), (e) and (i), to the decision setting up an EDIC.

Decisions setting up an EDIC shall be published in the Official Journal of the European Union. The Commission shall establish a publicly accessible list of the EDICs set up, and shall update the list in a timely and regular manner.

Article 15

Membership of an EDIC

1. The membership of an EDIC shall include at least three Member States.

Only Member States that provide a financial or non-financial contribution shall be eligible to become members of the EDIC. Such Member States shall have voting rights.

2. Following the adoption of a decision setting up an EDIC, other Member States may become members at any time, on fair and reasonable terms to be specified in the Statutes of the EDIC.

3. Member States that provide neither a financial nor a non-financial contribution may join an EDIC as observers by notifying the EDIC. Such Member States shall not have voting rights.

4. Membership of an EDIC may be open to entities other than Member States, which may include third countries as referred to in Article 11(3), international organisations of European interest, and public or private entities, as specified in the Statutes of the EDIC. Where entities other than Member States are members of an EDIC, Member States shall hold jointly the majority of the voting rights in the assembly of members, regardless of the amount of contributions from entities other than Member States.

Article 16

Governance of an EDIC

1. An EDIC shall have at least the following two bodies:

(a)	an assembly of members made up of the Member States, of other entities referred to in Article 15(4), and of the Commission, the assembly being the body having full decision-making powers, including the adoption of the budget;

(b)	a director, appointed by the assembly of members, as the executive body and legal representative of the EDIC.

2. The Commission shall participate in the deliberations of the assembly of members, without itself having voting rights. However, where a centrally managed Union programme contributes financially to a multi-country project, the Commission shall have a right of veto against decisions of the assembly related only to actions financed under centrally-managed Union programmes.

Decisions of the assembly shall be made publicly available within 15 days of their adoption.

3. The Statutes of an EDIC shall contain specific governance provisions, in accordance with paragraphs 1 and 2.

Article 17

Statutes of an EDIC

1. The Statutes of an EDIC shall contain at least the following:

(a)	a list of members and observers and the procedure for changes in membership and representation, providing for the right of non-participating Member States to join the EDIC;

(b)	a detailed description of the multi-country project, the tasks of members, if applicable, and an indicative timeline;

(c)	the statutory seat and name of the EDIC;

(d)	the duration of the EDIC, and the procedure for winding it up in accordance with Article 20;

(e)	the liability regime of the EDIC, in accordance with Article 18;

(f)	the rights and obligations of the members, including the obligation to make contributions to the budget;

(g)	the voting rights of members;

(h)	rules on the ownership of infrastructure, intellectual property, profits and other assets, as applicable;

(i)	information about the declaration of the host Member State referred to in Article 14(1), point (d).

2. Amendments to the essential elements of the Statutes of an EDIC as referred to in paragraph 1, points (c), (d), (e) and (i), of this Article shall be subject to the procedure referred to in Article 14.

3. Amendments to the Statutes of an EDIC other than those referred to in paragraph 2 shall be submitted to the Commission by the EDIC within 10 days of their adoption.

4. The Commission may object to amendments within 60 days of their submission under paragraph 3. The Commission shall provide reasons for such an objection and shall explain why the amendments do not meet the requirements of this Decision.

5. Amendments shall not take effect until the expiry of the deadline referred to in paragraph 4, a waiver of that deadline by the Commission, or the withdrawal of the Commission’s objection.

6. The application for an amendment shall contain the following:

(a)	the text of the amendment as proposed or adopted, including the date on which it enters or entered into force;

(b)	an updated consolidated version of the EDIC’s Statutes.

Article 18

Liability of an EDIC

1. An EDIC shall be liable for its debts.

2. The financial liability of the members for the debts of the EDIC shall be limited to their respective contributions provided to the EDIC. The members may specify in the Statutes that they will assume a fixed liability above their respective contributions or unlimited liability.

3. The Union shall not be liable for any debt of the EDIC.

Article 19

Applicable law and jurisdiction

1. The setting-up and internal functioning of an EDIC shall be governed:

(a)	by Union law, in particular by this Decision;

(b)	by the law of the Member State where the EDIC has its statutory seat in the case of matters not, or only partly, regulated by Union law, in particular this Decision;

(c)	by the Statutes and their implementing rules.

2. Without prejudice to the cases in which the Court of Justice of the European Union has jurisdiction under the Treaties, the law of the Member State where an EDIC has its statutory seat shall determine the jurisdiction competent for the resolution of disputes among the members in relation to the EDIC, between the members and the EDIC, and between the EDIC and third parties.

Article 20

Winding-up of an EDIC

1. The Statutes of an EDIC shall determine the procedure to be followed for its winding-up following a decision of the assembly of members to that effect. The winding-up of an EDIC may include the transfer of its activities to another legal entity.

2. The insolvency rules of the Member State where an EDIC has its statutory seat shall apply in the event that an EDIC is unable to pay its debts.

Article 21

Reporting by and control of an EDIC

1. An EDIC shall produce an annual activity report, containing a technical description of its activities, and a financial report. The reports shall be approved by the assembly of members and transmitted to the Commission. The reports shall be made publicly available.

2. The Commission may provide guidance regarding the matters to be covered in the annual activity report.

Article 22

Provision of information by Member States

Member States shall, upon request from the Commission, provide it with the information necessary to carry out its tasks under this Decision, in particular regarding the information necessary to implement Articles 7 and 8. The information requested by the Commission shall be proportionate to the performance of its tasks. Where the information to be provided contains data previously provided by undertakings at the request of a Member State, such undertakings shall be informed thereof before Member States provide the data to the Commission.

Article 23

Committee procedure

1. The Commission shall be assisted by a committee. 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.

Article 24

Entry into force

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