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6.12.2013 Official
Journal
of
the
European
Union L
326/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 1261/2013
of 2 December 2013
amending Regulation (EC) No 723/2009 concerning the Community legal framework for a European
Research Infrastructures Consortium (ERIC)
THE COUNCIL OF THE EUROPEAN UNION,
(3) The
European
Strategy
Forum
on
Research
Infrastructures
(ESFRI) and the e-Infrastructure Reflection Group (e-IRG)
have produced and updated the first ever European
Having regard to the Treaty on the Functioning of the European
Roadmap for Research Infrastructures.
Union, and in particular Articles 187 and 188 thereof,
Having regard to the proposal from the European Commission,
(4) Since the entry into force of the Community legal
After transmission of the draft legislative act to the national
framework for an ERIC in 2009, two European
parliaments,
research infrastructures have been awarded ERIC status.
Having regard to the opinion of the European Parliament,
(5) Membership
of
an
ERIC
is
open
to
Member
States,
Having regard to the opinion of the European Economic and
associated countries, third countries other than associated
Social Committee ( 1 ),
countries and intergovernmental organisations.
Having regard to the opinion of the Committee of the Regions,
(6) Associated
countries
play
an
integral
role
in
the
prep
Whereas:
aration and the implementation of European research
infrastructures and should be able to participate in
(1) Council
Regulation
(EC)
No
723/2009
(
ERICs on the same footing as Member States, as they

2 ) establishes a
legal framework laying down the requirements and
contribute to the scientific excellence of Union research
procedures for, and the effect of, setting up a European
and to the competitiveness of the Union’s economy
Research Infrastructure Consortium (ERIC).
through their support.
(2) The
support
and
development
of
research
infrastructures
in Europe has been an ongoing objective of the Union, as
last reflected in Decision No 1982/2006/EC of the
(7) In
order
to
facilitate
the
participation
of
associated
European Parliament and of the Council (
countries in ERICs, Article 9(2) and (3) of Regulation

3 ) and, in
particular, in Council Decision 2006/974/EC (
(EC) No 723/2009 should be amended so that the

4 ).
contributions of the associated countries can be fully
reflected in terms of membership and voting rights,
( 1 ) OJ C 161, 6.6.2013, p. 58.
( 2 ) 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, p. 1).
( 3 ) Decision No 1982/2006/EC of the European Parliament and of the
HAS ADOPTED THIS REGULATION:
Council of 18 December 2006 concerning the Seventh Framework
Programme of the European Community for research, technological
development and demonstration activities (2007-13) (OJ L 412,
30.12.2006, p. 1).
( 4 ) Council Decision 2006/974/EC of 19 December 2006 on the
specific programme: ‘Capacities’ implementing the Seventh
Article 1
Framework Programme of the European Community for research,
technological development and demonstration activities (2007 to
Article 9(2) and (3) of Regulation (EC) No 723/2009 are
2013) (OJ L 54, 22.2.2007, p. 101).
replaced by the following:

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L 326/2
EN
Official Journal of the European Union
6.12.2013
‘2. The
membership
of
an
ERIC
must
include
a
Member
3. Member
States
or
associated
countries
shall
hold
jointly
State and two other countries that are either Member States
the majority of the voting rights in the assembly of
or associated countries. Further Member States or associated
members. For an ERIC hosted by a Member State,
countries may join as members at any time on fair and
proposals for amending its Statutes shall require the
reasonable terms specified in the Statutes and as observers
agreement of the majority of the Member States that are
without voting rights on conditions specified in those
members of that ERIC.’
Statutes. Third countries other than associated countries as
well as intergovernmental organisations, may also become
Article 2
members of an ERIC, subject to approval by the assembly
of members referred to in Article 12(a), in accordance with
This Regulation shall enter into force on the twentieth day
the conditions and procedure for changes in membership
following that of its publication in the Official Journal of the
laid down in its Statutes.
European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Brussels, 2 December 2013.
For the Council
The President
E. GUSTAS

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Document Outline

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