Regulation 2009/723 - EC legal framework for a European Research Infrastructure Consortium (ERIC) - Main contents

Summary of Legislation
Legislative text

1. Summary of Legislation

European Research Infrastructure Consortium (ERIC)

SUMMARY OF:

Regulation (EC) No 723/2009 — rules for creating a European Research Infrastructure Consortium (ERIC)

WHAT IS THE AIM OF THE REGULATION?

It establishes a single legal base aimed at facilitating the creation and operation of a European Research Infrastructure Consortium (ERIC) by EU countries, with the possible participation of countries associated with research framework programmes of the EU, of other countries and of specialist intergovernmental organisations.

KEY POINTS

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EU countries and associated countries are responsible for designing research infrastructure projects and for defining the main aspects such as statutes, and statutory seat.
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Unlike the Joint Technology Initiative Joint Undertakings (JTI JUs) in which the EU systematically participates as a member, an ERIC is a legal entity of which the EU is not necessarily a member.
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This legal set-up may apply to infrastructures of pan-European interest.
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Research infrastructures created as ERICs under this regulation must respect the following conditions:
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  carry out European research activities;
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  represent added value in the scientific and technological fields at the European and international level;
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  be accessible to researchers from EU countries and countries associated to the EU Research and Development Framework Programme (Horizon 2020);
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  promote the mobility of researchers and the exchange of knowledge within the European Research Area (ERA);
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  contribute to the dissemination and optimisation of the results of research activities.

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The European Commission provides practical guidelines to help potential applicants.
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The activities of the ERIC are, in principle, non-profit-making. However, an ERIC may carry out some limited economic activities as long they are closely related to its principal task and they do not impede the main aim of the research infrastructure.
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Applications for the setting up of an ERIC must be submitted to the Commission for assessment. The application pack must include:
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  a request to the Commission to set up the ERIC;
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  the proposed statutes (a list of members, statutory seat, name of the ERIC, rights and obligations of the members, bodies of the ERIC with their competences and the manner in which they are constituted and in which they decide, duration of the ERIC, basic principles, identification of the working language, references to rules implementing the statutes);
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  a technical and scientific description (see conditions above);
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  a declaration by the host EU country recognising the ERIC as an international body within the meaning of the EU directives on value-added tax (VAT) and on excise duties.

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During the assessment period applicants may be invited to complete or amend their application.
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Taking into account the results of the assessment and the opinions of EU countries, the Commission adopts its decision and notifies the applicant. If the creation of an ERIC is approved, the decision is published in the Official Journal of the European Union.
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The ERIC has legal personality and must have its statutory seat in one of its members (EU country or country associated with the EU Framework Programme for Research). Its name must include the abbreviation ‘ERIC’.
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Membership of an ERIC must comprise an EU country and 2 other countries which are either EU countries or associated countries. They may be joined at any stage by other EU countries or associated countries, other countries or inter-governmental organisations.
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An ERIC is considered as an international body or organisation in the sense of the directives on value-added tax, on excise duties and on public procurement. It is thus, under certain limits and conditions, exempted from VAT and excise duties and it may adopt its own procurement procedures.
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The liability of the members for the debts of the ERIC is, in principle, limited to their respective contributions.
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The applicable law is firstly EU law, then the law of the country of the statutory seat or of the country of operation regarding certain safety and technical matters.
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5 years after its adoption, the Commission was to carry out an evaluation of the legal framework and submita report to the European Parliament and the Council.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 28 August 2009.

BACKGROUND

This regulation is one of the strategic initiatives following the Green Paper on the ERA of 4 April 2007. This initiative contributes to the implementation of the ‘Research infrastructures’ section of the 7th Framework Programme (2007-2013) and of Horizon 2020 – the Framework Programme for Research and Innovation (2014-2020).For more information, see:

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European Research Infrastructure Consortium (European Commission).

MAIN DOCUMENT

Council Regulation (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC) (OJ L 206, 8.8.2009, pp. 1-8)

Successive amendments to Regulation (EC) No 723/2009 have been incorporated into the original document. This consolidated version is of documentary value only.

2. Legislative text

Council Regulation (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC)

Contents

1.

Summary of Legislation

2.

Legislative text