8 Amendments of Lambert van NISTELROOIJ related to 2008/0148(CNS)
Amendment 51 #
Proposal for a regulation
Recital 7
Recital 7
(7) In contrast to Joint Technology Initiatives (JTI) constituted as Joint Undertakings of which the Community is a member and to which it makes financial contributions, an European Research Infrastructure (hereinafter referred to as "ERI") should not be conceived as a Community body within the meaning of Article 185 of the Financial Regulation , but as a legal entity of which the Community is not necessarily a member and to which it does not make financial contributions within the meaning of Article 108(2), point (f), of the Financial Regulation. This should not apply where the Community becomes a member of an ERI either directly or through an intermediary or where an ERI receives contributions charged to the budget under Art. 185 (1) of the Financial Regulation. In any case, all and any Community funding of an ERI, should be subject to the relevant provisions of the Financial Regulation.
Amendment 52 #
Proposal for a regulation
Recital 9
Recital 9
(9) A European Research Infrastructure (hereinafter referred to as "ERI") set up under this Regulation should have as its task the establishment and operation of a research infrastructure. It should do so on a non-economic basis in order to prevent distortions of competition. In order to promote innovation and knowledge and technology transfer, the ERI should be allowed to carry out some limited economic activities on certain conditions. The establishment of research infrastructures as ERIs does not exclude that research infrastructures of pan- European interest that have another legal form can equally be recognised as contributing to the implementation of the roadmap developed by the European Strategy Forum for Research Infrastructure (ESFRI) and to the progress of European research. The Commission will ensure that ESFRI members and other interested parties are informed about these alternative legal forms.
Amendment 58 #
Proposal for a regulation
Recital 20
Recital 20
(20) ERIs may receive co-funding from Cohesion Policy financial instruments in conformity with Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999. , and Council Regulation (EC) No 1084/2006 of 11 July 2006 establishing a Cohesion Fund and repealing Regulation (EC) No 1164/941. .___________ 1 OJ L 210, 31.7.2006, p. 79.
Amendment 59 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Based on the practice of its regular ESFRI communications, the Commission should present to the European Parliament an annual communication on the state of evolution of the European Research Infrastructures in the European Research Area, together with its evaluation and recommendations in this field.
Amendment 77 #
Proposal for a regulation
Article 8 - paragraph 5
Article 8 - paragraph 5
5. Third countries and intergovernmental organisations applying for a membership of an ERI shall recognise that that ERI shall have legal personality and capacity in accordance with Article 6(1) and (2) and that it shall be subject to rules determined in application of Article 16. In the event that Community funds are being used by an ERI, the international or intergovernmental ERI members shall maintain their ERI status only if they commit to sending their internal and external audits to the European Court of Auditors and to the Internal Auditor of the Commission
Amendment 78 #
Proposal for a regulation
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. Should the Community become a member of an ERI either directly or through any intermediary, they shall notify the two arms of the budgetary authority immediately.
Amendment 82 #
Proposal for a regulation
Article 14
Article 14
Community funding to an ERI may only be awarded solely in accordance with Title VI of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities. Funding under Cohesion Policy shall also be possible, in conformity with the relevant Community legislation. Should the Community at any time become a member of an ERI either directly or through any intermediary, that ERI shall be treated as a body having legal personality under Article 185 of the Financial Regulation. This also applies to an ERI which receives contributions (operative grants) under Article 185 of the Financial Regulation.
Amendment 83 #
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) by Community law, in particular this Regulation and the decisions referred to in Articles 5(1)(a) and 10(1) as well as the Financial Regulation where applicable;