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19.11.2011 Official
Journal
of
the
European
Union
L
302/3
REGULATIONS
COUNCIL REGULATION (EU) No 1183/2011
of 14 November 2011
amending Regulation (EC) No 521/2008 setting up the Fuel Cells and Hydrogen Joint Undertaking
THE COUNCIL OF THE EUROPEAN UNION,
consider that in-kind contributions from research organi
sations (including universities and research centres)
match the contribution of the Union, within the
Having regard to the Treaty on the Functioning of the European
meaning of the Statutes of the FCH Joint Undertaking
Union, and in particular Articles 187 and 188 thereof,
annexed to Regulation (EC) No 521/2008 (hereinafter
referred as the ‘Statutes’).
Having regard to the proposal from the European Commission,
(4) The
FCH
Joint
Undertaking
has
been
operating
for
more
After transmission of the draft legislative act to the national
than 2 years, and during this period the entire oper
parliaments,
ational cycle with publishing calls for proposals,
evaluations of proposals, negotiations of funding and
conclusion of grant agreements has been completed.
Having regard to the opinion of the European Parliament (
Experience gained during this period has shown that

1 ),
the maximum funding levels in FCH Joint Undertaking
projects had to be reduced significantly for all
Having regard to the opinion of the European Economic and
participants. As a result, the level of participation in
Social Committee,
the actions of the FCH Joint Undertaking proved to be
significantly below initial expectations.
Acting in accordance with a special legislative procedure,
(5) The
Governing
Board
approved
the
amendments
to
Regulation (EC) No 521/2008, in accordance with the
Whereas:
Statutes.
(1) The
Fuel
Cells
and
Hydrogen
Joint
Undertaking
(here
inafter referred as the ‘FCH Joint Undertaking’) was set
(6) Allowing
in-kind
contributions
from
all
legal
entities
up on 30 May 2008 under Council Regulation (EC) No
participating in the activities to be counted as matching
521/2008 ( 2 ) by its founding members, the European
funding would recognise the membership of the Research
Fuel Cell and Hydrogen Joint Technology Initiative
Grouping and would improve the funding levels while
Industry Grouping Aisbl (hereinafter referred as the
still respecting the fundamental principle of matching, as
‘Industry Grouping’) and the Commission.
well as the need to apply fair and balanced funding
reductions to the different types of participants.
(2) The
Research
Grouping
became
a
member
of
the
FCH
Joint Undertaking on 14 July 2008. The Research
Grouping contributes both financially and in kind to
(7)
The running costs of the Programme Office of the FCH
the objectives of the FCH Joint Undertaking. Given the
Joint Undertaking (hereinafter referred as the ‘Programme
specific composition of the FCH Joint Undertaking, as
Office’) should be covered by its three members. It is
well as its rules and the nature, objectives and scope of
appropriate to provide that all members of the FCH
its activities, the members of the Research Grouping may
Joint Undertaking have the same payment schedule.
benefit from the results achieved in the same manner as
the members of the Industry Grouping. Therefore, it is
justified to allow the in-kind contribution from both the
(8) The
Commission
should
be
given
some
flexibility
Industry Grouping and Research Grouping to be counted
regarding the measures to be taken in case of insufficient
as matching funds.
matching.
(3) The
Research
Grouping
became
a
member
of
the
FCH
Joint Undertaking, and it is therefore appropriate to
(9) Currently
the
level
of
funding
is
determined
after
each
evaluation of proposals received. To enable beneficiaries
to estimate the extent of the potential funding, it should
( 1 ) Opinion of 13 September 2011 (not yet published in the Official
Journal).
be possible for each call to specify the minimum level of
( 2 ) OJ L 153, 12.6.2008, p. 1.
funding.

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L 302/4
EN
Official Journal of the European Union
19.11.2011
(10) Regulation (EC) No 521/2008 should therefore be
Article 2
amended accordingly,
Notwithstanding Article 12(3) of the Annex to Regulation (EC)
No 521/2008, this amending Regulation shall not affect the
HAS ADOPTED THIS REGULATION:
rights and obligations arising under the grant agreements and
other contracts concluded by the FCH Joint Undertaking before
Article 1
the entry into force of this Regulation. In particular, it shall not
affect the upper funding limits set out therein.
Regulation (EC) No 521/2008 is hereby amended as follows:
(1) in Article 6, paragraph 2 is replaced by the following:
Article 3
This Regulation shall enter into force on the 20th day following
‘2. The FCH Joint Undertaking may have its own internal
its publication in the Official Journal of the European Union.
audit capability.’;
(2) the Annex is amended in accordance with the Annex to this
However, point 2(a) of the Annex to this Regulation shall apply
Regulation.
from 14 July 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 November 2011.
For the Council
The President
M. SAWICKI

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EN
19.11.2011 Official
Journal
of
the
European
Union
L
302/5
ANNEX
The Statutes of the Fuel Cells and Hydrogen Joint Undertaking as set out in the Annex to Regulation (EC) No 521/2008
are hereby amended as follows:
(1) Article 2 is amended as follows:
(a) in paragraph 2, the first and second indents are replaced by the following:
‘— ensure that its contribution to the resources of the FCH Joint Undertaking, in accordance with Article 12 of
these Statutes, is provided in advance as a cash contribution to cover 50 % of the running costs of the FCH
Joint Undertaking and transferred to the budget of the FCH Joint Undertaking in agreed instalments,
— ensure that industry’s contribution to the achievement of the RTD activities funded by the FCH Joint
Undertaking, together with contributions from other beneficiaries, at least matches the Union contribution,’;
(b) in paragraph 3, second subparagraph, the fourth indent is replaced by the following:
‘— ensure that its contribution to the resources of the FCH Joint Undertaking, in accordance with Article 12 of
these Statutes, is provided in advance as a cash contribution to cover 1/12 of the running costs of the FCH
Joint Undertaking and transferred to the budget of the FCH Joint Undertaking in agreed instalments.’;
(2) Article 12 is amended as follows:
(a) paragraph 3 is replaced by the following:
‘3. The operational costs of the FCH Joint Undertaking shall be covered through the financial contribution of
the Union, and through in-kind contributions from the legal entities participating in the activities. The
contribution from the participating legal entities shall at least match the financial contribution of the Union.
Receipts shall be dealt with in accordance with the Rules of Participation set out in the Decision No
1982/2006/EC.
This paragraph shall apply from the date on which the Research Grouping became member of the FCH Joint
Undertaking.’;
(b) in paragraph 7, the second and third subparagraphs are replaced by the following:
‘If the assessment determines that the in-kind contribution from the participating legal entities does not reach the
required level, the Commission may reduce its contribution the following year.
If it is determined that, for 2 consecutive years, the in-kind contribution from the participating legal entities does
not reach the required level the Commission may propose to the Council to terminate the FCH Joint Under
taking.’;
(3) the following paragraph is added to Article 15:
‘4. The Governing Board may decide to specify a minimum level of funding for each category of participant for a
particular Call for proposals.’.

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