Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ITRE | RIERA MADURELL Teresa (PSE) |
Legal Basis EC Treaty (after Amsterdam) EC 171, EC Treaty (after Amsterdam) EC 172-p2
Activites
- 2009/08/08 Final act published in Official Journal
- #2953
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2009/06/25
Council Meeting
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2009/06/25
End of procedure in Parliament
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2009/06/25
Act adopted by Council after consultation of Parliament
- #2945
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2009/05/28
Council Meeting
- #2929
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2009/03/05
Council Meeting
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2929
summary
The Council held an exchange of views on European research infrastructures on the basis of a questionnaire put forward by the Presidency in order to structure the debate.The exchange of views provided with a valuable input to carry out further examination of the matter on which the Council will be invited to adopt conclusions at its forthcoming session on 28-29 May 2009.Throughout the debate, delegations highlighted key features that pan-European research infrastructures could bring about, such as:the strengthening of links between universities, businesses and public administrations (the knowledge triangle), thus contributing to the competitiveness of Europe;the role that research infrastructures can play in contributing to the economic recovery in the context of the European recovery plan;the ways for achieving an optimal distribution of research infrastructures throughout the ERA, which would have to comply with criteria of scientific and technological excellence, as well as facilitate mobility of researchers across Europe and take advance of the best cost-efficient modalities.Before the debate, ministers took note of an update on the European Strategy Forum for Research Infrastructures (ESFRI) roadmap. This roadmap is a list of priority infrastructures identified by the Forum, notably on the basis of a consensus on the scientific needs in Europe in the various research sectors. The list is not binding to the member states or other parties to undertake the construction of such infrastructures. These require separate decisions by those countries committed to participate in the projects concerned.
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2929
summary
-
2009/02/19
Results of vote in Parliament
- Results of vote in Parliament
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T6-0058/2009
summary
The European Parliament adopted by 603 votes to 17 with 17 abstentions, a legislative resolution amending the proposal for a Council regulation on the Community legal framework for a European Research Infrastructure (ERI). The amendments – made in the framework of the consultation procedure - are as follows: Research infrastructure of pan-European interest: Members clarified the meaning of this term in the text. A research structure of pan-European interest is a facility, including resources and related services, which can be used by the scientific community to conduct high level research in their respective fields. This definition covers major scientific equipment or sets of instruments; knowledge-based resources such as collections, archives or structured scientific information; enabling ICT-based infrastructures such as grid, computing, software and communications; any other entity of a unique nature essential to achieve excellence in research. Such research infrastructures may be single-sited or distributed (an organised network of resources).Objective: the objective of an ERI shall be to facilitate and promote research of pan-European interest, either in an existing European infrastructure or in a new infrastructure established jointly by several Member States.Furthermore, a new clause states that ERIs shall pay special attention to patents and other valuable rights and interests arising from intellectual work which come about during their activities and shall inform the Commission of such intellectual property rights by means of an annual report.General requirements: these now include unlocking research potential in all EU regions, and improving research methods; contributing to the training of young researchers; and enhancing the efficiency of interdisciplinary research as a result of the concentration of research projects within a given time-scale . The research infrastructure to be set up as an ERI shall submit an impact assessment with its application.The members of a research infrastructure to be set up as an ERI shall commit the necessary human and financial resources for its establishment and operation.Decision on the application: the Commission must take into account the needs identified in the European Roadmap on Research Infrastructures (ESFRI). In cases of refusal, applicants shall have access to the evaluation report.Status of an ERI: a new clause states that in the case of infrastructures with a different legal form, the original legal person shall cease to exist when entered into the Commission's records, and the ERI shall operate as its successor in title by legal succession. Name: an ERI shall have a name containing the words 'European Research Infrastructure' or the abbreviation 'ERI' and a reference to its research area.Membership: third countries and international organisations may join as members. If 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. Should the Community become a member of an ERI either directly or through any intermediary, the Commission shall notify the two arms of the budgetary authority immediately.Statutes: these must contain, inter alia, an investment policy; an anti-discrimination policy, taking particular account of gender equality and equal opportunities for the disabled; and an agreement on the individual authorised to deal with patents and other intellectual property rights and interests arising from intellectual work which come about during the activities of the ERI and the use to which the income deriving from such rights is put.Community funding: should the Community at any time become a member of an ERI, 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.Report: the annual activity report must be submitted to Parliament and Council as well as any decision adopted regarding the circumstances referred to in the text where the ERI is in breach of the Regulation
- 2009/02/18 Debate in Parliament
- 2009/01/22 Committee report tabled for plenary, 1st reading/single reading
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2009/01/20
Vote in committee, 1st reading/single reading
- #2910
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2008/12/01
Council Meeting
-
2910
summary
The Council held an exchange of views on a draft Regulation on a Community legal framework for a European Research Infrastructure (ERI). It decided to return to the draft during the next Presidency.The exchange of views focused mainly on the legal status which ERIs should have and on the possibility of applying tax exemption schemes to them.At its meeting on 30 May 2008, the Council referred to the need to develop research infrastructures at European level based, inter alia, on effective coordination and an appropriate legal framework.Ministers also discussed the major research infrastructures and, more particularly, the implementation of the European Strategy Forum for Research Infrastructures (ESFRI) list, regarding which they acknowledged the added value contributed by the relevant Working Party.
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2910
summary
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2008/09/23
Committee referral announced in Parliament, 1st reading/single reading
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2008/07/25
Legislative proposal published
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COM(2008)0467
summary
PURPOSE: the establishment of “European Research Infrastructures” (ERI).PROPOSED ACT: Council Regulation.BACKGROUND: since January 2000 the European Union has been pushing for the creation and development of a European Research Area (ERA) that consolidates and support the so-called “fifth freedom”, namely the free movement of knowledge across Europe. One of the key pillars supporting the ERA is the development of world class research infrastructures. Research infrastructures are large-scale projects typically environmental observatories, genomic data bases, imaging systems, clean rooms for nano-electronics, irradiation facilities for materials research and super-computers. Yet, although they play a key role in the construction of an efficient research and innovation environment, they are becoming increasingly complex and more expensive thus placing them beyond the reach of a single research group, region, nation or even continent. One of the major difficulties for setting up new European research infrastructures – other than scarcity of resources and the complexity of technical and organisational issues, is the lack of an adequate legal framework that allows for the creation of appropriate partnership with partners from different countries.CONTENT: the purpose of this proposal, therefore, is to facilitate the joint establishment of research infrastructures of European interest among several Member countries associated with the Community R&D Framework Programme. More specifically speaking, the Commission is proposing the creation of a framework Regulation that provides a common legal framework based on Article 171 of the EC Treaty.In short, an ERI will be a legal entity with a legal personality and the right to be recognised as such in all of the EU Member States. It will be based on membership namely, the Member States, third countries and intergovernmental organisation. Their primary role will be the establishment and operation of research infrastructures. The Commission proposes that the structure of an ERI be flexible. Members will be allowed to define, in the Statutes, member rights and obligations and other internal arrangements. Members’ liability on ERI debt will, in principle, be limited to their respective contributions albeit that some flexibility will be included in the statutes to modify any such arrangements. The applicable law will be Community law, the law of the State of the statutory seat or that of the State of operation regarding certain safety and technical matters. The Statutes and their implementing rules must comply with such applicable law.ERI's will be international bodies or organisations in the sense of the Directive on value-added tax, on excise duties and on public procurement and as such it will be exempted from VAT and excise duties and its procurement procedures will fall outside of the EU’s public procurement Directives.
- DG {'url': 'http://ec.europa.eu/research/home.cfm', 'title': 'Research and Innovation'}, POTOČNIK Janez
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COM(2008)0467
summary
Documents
- Legislative proposal published: COM(2008)0467
- Debate in Council: 2910
- Committee report tabled for plenary, 1st reading/single reading: A6-0007/2009
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T6-0058/2009
- Debate in Council: 2929
- : Regulation 2009/723
- : OJ L 206 08.08.2009, p. 0001
Amendments | Dossier |
34 |
2008/0148(CNS)
2009/01/06
ITRE
34 amendments...
Amendment 50 #
Proposal for a regulation Recital 6 (6) The term research infrastructure refers to special facilities
Amendment 51 #
Proposal for a regulation 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
Amendment 52 #
Proposal for a regulation Recital 9 (9)
Amendment 53 #
Proposal for a regulation 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 or the continued operation of an existing 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
Amendment 54 #
Proposal for a regulation Recital 10 (10) Research infrastructures should help to safeguard scientific excellence and efficiency of Community research and the competitiveness of European research and the Communit
Amendment 55 #
Proposal for a regulation Recital 10 (10) Research infrastructures should help to safeguard scientific excellence of Community research and the competitiveness of its economy, as based on medium-term to long-term forecasts, through the efficient support of European research activities. To achieve this they should be effectively open to the European research community at large and have the ambition to enhance the European scientific capabilities beyond the current state of the art and thereby contribute to the development of the European Research Area, in particular by promoting synergies with the EU's cohesion policy.
Amendment 56 #
Proposal for a regulation Recital 10a (new) (10a) In particular, new research infrastructures should take into account, where appropriate, the importance of unlocking the potential for scientific excellence in the convergence regions, as a means of enhancing the EU's long-term performance in research, innovation and economic competitiveness.
Amendment 57 #
Proposal for a regulation Recital 14 (14) Membership of an ERI must comprise at least
Amendment 58 #
Proposal for a regulation 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
Amendment 59 #
Proposal for a regulation 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 60 #
Proposal for a regulation Article 2 – paragraph 1 1. The task of an ERI shall be to establish and operate a research infrastructure or to continue operating an existing research facility.
Amendment 61 #
Proposal for a regulation Article 2 – paragraph 2 2. An ERI shall pursue its task on a non- economic basis. However, it may carry out limited economic activities closely related to its task provided that they do not jeopardise the achievement of that task and income from such activities is used exclusively to achieve the objectives of the ERIs.
Amendment 62 #
Proposal for a regulation Article 2 – paragraph 3 a (new) 3a. ERIs shall pay special attention to the patents and other valuable rights and interests arising from intellectual work which come about during their activities and shall inform the Commission of these by means of an annual report.
Amendment 63 #
Proposal for a regulation Article 3 – point b (b) it represents an added value in the development of the European Research Area including by unlocking research potential in all EU regions, and a significant improvement in the relevant scientific and technological fields at international level;
Amendment 64 #
Proposal for a regulation Article 3 – point b (b) it represents an added value in the development of the European Research Area and, by perfecting research methods, a significant improvement in the relevant specialist scientific and technological fields at international level;
Amendment 65 #
Proposal for a regulation Article 3 – point d a (new) (da) it enhances the efficiency of interdisciplinary research as a result of the concentration of research projects within a given time-span and the implementation of these projects at the same time in various specialised ERIs.
Amendment 66 #
Proposal for a regulation Article 4 – paragraph 1 1. The entities applying for
Amendment 67 #
Proposal for a regulation Article 4 – paragraph 1 – point a (a) a request to the Commission
Amendment 68 #
Proposal for a regulation Article 4 – paragraph 1 – point c (c) a technical and scientific description of the research infrastructure to be established and operated by the ERI, as well as the socio-economic effects and the contribution to the EU's convergence objectives, addressing in particular the requirements set out in Article 3.
Amendment 69 #
Proposal for a regulation Article 4 – paragraph 1 – point c (c) a technical and scientific description of the research infrastructure to be established and operated or continued by the ERI, addressing in particular the requirements set out in Article 3.
Amendment 70 #
Proposal for a regulation Article 6 – paragraph 1 a (new) 1a. In the case of infrastructures with a different legal form, the original legal person shall cease to exist by transformation when entered into the Commission’s records, and the ERI shall operate as its successor in title by legal succession;
Amendment 71 #
Proposal for a regulation Article 7 – paragraph 1 1. An ERI shall have a statutory seat, which shall be located on the territory of a member which shall be a Member State
Amendment 72 #
Proposal for a regulation Article 7 – paragraph 2 2. An ERI shall have a name containing the words 'European Research Infrastructure' or the abbreviation 'ERI' and a reference to its research area.
Amendment 73 #
Proposal for a regulation Article 7 – paragraph 2 2. An ERI shall have a name containing the words "
Amendment 74 #
Proposal for a regulation Article 8 – paragraph 1 – point a (a) Member States or their regional authorities which have a mandate secured by means of elections;
Amendment 75 #
Proposal for a regulation Article 8 – paragraph 2 2. An ERI must at all times have at least
Amendment 76 #
Proposal for a regulation Article 8 – paragraph 2 2. An ERI must at all times have at least
Amendment 77 #
Proposal for a regulation Article 8 - paragraph 5 5. Third countries and intergovernmental
Amendment 78 #
Proposal for a regulation 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 79 #
Proposal for a regulation Article 9 – point h – subpoint i a (new) (ia) investment policy;
Amendment 80 #
Proposal for a regulation Article 9 – point h – subpoint vi a (new) (via) an anti-discrimination policy, taking particular account of gender equality and equal opportunities for the disabled;
Amendment 81 #
Proposal for a regulation Article 9 – point j a (new) (ja) an agreement on the individual authorised to deal with patents and other valuable rights and interests arising from intellectual work which come about during the activities of the ERI and the use to which the income deriving from such rights is put;
Amendment 82 #
Proposal for a regulation Article 14 Community funding to an ERI may only be awarded
Amendment 83 #
Proposal for a regulation 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;
source: PE-415.357
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