REPORT on the proposal for a Council regulation on the Bio-Based Industries Joint Undertaking

5.2.2014 - (COM(2013)0496 – C7‑0257/2013 – 2013/0241(NLE)) - *

Committee on Industry, Research and Energy
Rapporteur: Lambert van Nistelrooij

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council regulation on the Bio-Based Industries Joint Undertaking

(COM(2013)0496 – C7‑0257/2013 – 2013/0241(NLE))

(Consultation)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2013)0496),

–   having regard to Article 187 and the first paragraph of 188 of the Treaty on European Union, pursuant to which the Council consulted Parliament (C7‑0257/2013),

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Regional Development (A7-0092/2014),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;

5.  Instructs its President to forward its position to the Council and the Commission.

Amendment  1 Proposal for a Regulation Recital 3
Text proposed by the Commission	Amendment
(3) Regulation (EU) No …/2013 of the European Parliament and of the Council of … 2013 establishing Horizon 2020 - The Framework Programme for Research and Innovation (2014-2020)20 aims to achieve a greater impact on research and innovation by combining Horizon 2020 Framework Programme and private-sector funds in public-private partnerships in key areas where research and innovation can contribute to the Union's wider competitiveness goals and help tackle societal challenges. The involvement of the Union in those partnerships may take the form of financial contributions to joint undertakings established on the basis of Article 187 of the Treaty under Decision No 1982/2006/EC	(3) Regulation (EU) No .../2013 of the European Parliament and of the Council of ... 2013 establishing Horizon 2020 - The Framework Programme for Research and Innovation (2014-2020)20 aims to achieve a greater impact on research and innovation by combining Horizon 2020 Framework Programme and private-sector funds in public-private partnerships in key areas where research and innovation can contribute to the Union's wider competitiveness goals, leverage private investment and help tackle societal challenges. Those partnerships should be based on a long-term commitment, including a balanced contribution from all partners. They should also be accountable for the achievement of their targets and be aligned with the Union's strategic goals relating to research, development and innovation. The governance and functioning of those partnerships should be open, transparent, effective and efficient and should give to a wide range of stakeholders active in their specific areas the opportunity to participate. The involvement of the Union in those partnerships may take the form of financial contributions to joint undertakings established on the basis of Article 187 of the Treaty under Decision No 1982/2006/EC.
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20 OJ … [H2020 FP]	20 OJ … [H2020 FP]
Justification
This addition stresses the important principles that have been agreed on during the Horizon 2020 negotations regarding JTIs and what they should deliver. In line with Recital 40 of Framework programme
Amendment  2 Proposal for a Regulation Recital 4
Text proposed by the Commission	Amendment
(4) In accordance with Decision (EU) No …/2013 of the Council of … 2013 establishing the Specific Programme implementing Horizon 2020 (2014-2020)21 support may be provided to joint undertakings established in the Horizon 2020 Framework Programme under the conditions specified in that Decision.	(4) In accordance with Regulation (EU) No .../2013 of the European Parliament and of the Council of ... 2013 establishing Horizon 2020 and Decision (EU) No .../2013 of the Council of ... 2013 establishing the Specific Programme implementing Horizon 2020 (2014-2020)21 support may be provided to joint undertakings established in the Horizon 2020 Framework Programme under the conditions specified in that Regulation and Decision, in particular in Article 25 of the Framework programme
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21 OJ … [H2020 SP]	21 OJ … [H2020 SP]
Justification
A reference not only to the Specific Programme but also to the Framework Programme should be included, which is important to evidence the compliance with Article 25 of the Framework Programme and the principles stated there.
Amendment  3 Proposal for a Regulation Recital 7
Text proposed by the Commission	Amendment
(7) BIC is a non-profit organisation that was created to represent the industry group that supports the Joint Technology Initiative on Bio-based Industries. Its members cover the entire bio-based value chain and consist of large industries, small and medium-sized enterprises (SMEs), regional clusters, European trade associations, and European Technology Platforms. The aim of BIC is to ensure and promote the technological and economic development of the bio-based industries in Europe. Any interested stakeholders along the bio-based value chain may apply for membership. It applies general principles of openness and transparency regarding membership, ensuring a wide industrial involvement.	(7) BIC is a non-profit organisation that was created to represent the industry group that supports the Joint Technology Initiative on Bio-based Industries. Its members cover the entire bio-based value chain and consist of large industries, small and medium-sized enterprises (SMEs), regional clusters, European trade associations, and European Technology Platforms. The aim of BIC is to ensure and promote the technological and economic development of the bio-based industries in Europe. Any interested stakeholders along the bio-based value chain may apply for membership. It applies the general principles, established in the Framework Programme, of openness and transparency regarding membership, ensuring the widest possible industrial and SME involvement
Justification
This addition stresses the important principles that have been agreed on during the Horizon 2020 negotations regarding JTIs and what they should deliver, in particular as regards Article 25, but also as regards Article 14 on widening participation and Article 25, Para 3 on SMEs.
Amendment  4 Proposal for a regulation Recital 10 a (new)
Text proposed by the Commission	Amendment
	(10a) Some of the Union's largest biomass resources are found in its most sparsely populated regions. It is therefore imperative that the work of the joint undertaking and the opportunities offered also includes these more remote regions.
Amendment  5 Proposal for a regulation Recital 11
Text proposed by the Commission Amendment (11) The Joint Technology Initiative on Bio-based Industries should mitigate the different types of market failures that discourage private investment into pre-competitive research, demonstration and deployment activities for bio-based industries in Europe. In particular, it should ascertain the availability of reliable biomass supply taking into account other competing social and environmental demands, and support the development of advanced processing technologies, large scale demonstration activities and policy instruments, thus reducing the risk for private research and innovation investment in the development of sustainable and competitive bio-based products and biofuels. (11) The Joint Technology Initiative on Bio-based Industries should mitigate the different types of market failures that discourage private investment into pre-competitive research, demonstration and deployment activities for bio-based industries in Europe. In particular, it should ascertain the continuous availability of reliable and sustainably-produced biomass supply taking into account other competing social and environmental demands, and support the development of large and small scale advanced processing technologies, large scale demonstration activities (taking particular account of individual agricultural entities and agricultural areas) and policy instruments, thus reducing the risk for private research and innovation investment in the development of sustainable and competitive bio-based products and biofuels and enabling all stakeholders including those from rural areas to profit from such an initiative.
Justification
Access to knowledge, research outcomes and the latest technologies is of great importance, and farmers should now be able to benefit from this in order to reap the greatest possible results from their efforts. Therefore, the Joint Technology Initiative should ensure that the outcomes of its research and activities in the area of new technologies also reach the smallest entities at all stages of the value chain, which in this case would include farmers.
Amendment  6 Proposal for a regulation Recital 12
Text proposed by the Commission	Amendment
(12) The Joint Technology Initiative on Bio-based Industries should be a public-private partnership aiming at increasing investment in the development of a sustainable bio-based industry sector in Europe. It should provide environmental and socio-economic benefits for European citizens, increase the competitiveness of Europe and contribute to establishing Europe as a key player in research, demonstration and deployment of advanced bio-based products and biofuels.	(12) The Joint Technology Initiative on Bio-based Industries should be a public-private partnership aiming at increasing and spreading investment in the development of a sustainable bio-based industry sector in Europe, since bio‑industry can make a significant contribution to achieving the objective of smart, sustainable and inclusive growth by 2020. It should provide environmental and socio-economic benefits for European citizens, increase the competitiveness of Europe and contribute to establishing Europe as a key player in research, demonstration and deployment of advanced bio-based products and biofuels.
Amendment  7 Proposal for a regulation Recital 13
Text proposed by the Commission	Amendment
(13) The objective of the Joint Technology Initiative on Bio-based Industries is to implement a programme of research and innovation activities in Europe that will assess the availability of renewable biological resources that can be used for the production of bio-based materials and on that basis support the establishment of sustainable bio-based value chains. These activities should be carried out through collaboration between stakeholders along the entire bio-based value chains, including primary production and processing industries, consumer brands, SMEs, research and technology centres and universities.	(13) Bio-industries represent a cornerstone of bio-economy in terms of stimulating economic growth and creating jobs. The objective of the Joint Technology Initiative on Bio-based Industries is to implement a programme of research and innovation activities in Europe that will assess the availability of renewable biological resources that can be used for the production of bio-based materials and on that basis support the establishment of sustainable bio-based value chains. These activities should be carried out through open and transparent collaboration between stakeholders along the entire bio-based value chains, including primary production and processing industries, consumer brands, SMEs, regional innovation clusters, research and technology centres and universities. In this connection, it is important to develop strategic interregional cooperation on the basis of smart specialisation strategies (RIS3), effective coordination and communication, exchanges of good practice and active participation by the regions in the bio-based economic planning.
Amendment  8 Proposal for a Regulation Recital 16
Text proposed by the Commission	Amendment
(16) To achieve maximum impact, the Bio-Based Industries Joint Undertaking should develop close synergies with other Union programmes in areas such as education, environment, competitiveness and SMEs, and with the Cohesion Policy funds and Rural Development Policy, which can specifically help to strengthen national and regional research and innovation capabilities in the context of smart specialisation strategies.	(16) In accordance with the General Principles of the Framework programme and in order to achieve maximum impact, the Bio-Based Industries Joint Undertaking should develop close synergies with other Union programmes in areas such as education, environment, competitiveness and SMEs, and with the Cohesion Policy funds and Rural Development Policy, which can specifically help to strengthen national and regional research and innovation capabilities in the context of smart specialisation strategies. It is vital to increase coordination, communication and complementarity with other policies and funds, as well as to find cross‑financing opportunities. It is also of vital importance that information on the joint undertaking’s activities, and on itspotential to support the establishment of sustainable bio-based value chains, is given to relevant stakeholders. Synergies should also be developed between the Bio-Based Industries Joint Undertaking and the three European Innovation Partnerships on Water, Agricultural Productivity and Sustainability, and Raw Materials.
Amendment  9 Proposal for a regulation Recital 16 a (new)
Text proposed by the Commission Amendment   (16a) A grass‑roots approach is of enormous importance for realising the potential of all regions. Joint Technology Initiatives on bio-based industries should be based on such an approachs, and, in particular, on supporting local and regional actions while remaining in constant contact with the local and regional authorities. Doing so has the potential to increase public awareness of the importance of the bio‑economy and of the enormous benefits that it brings, drawing on the specialised knowledge of the regions and increasing cooperation between science, enterprises and public authorities within the so‑called ‘Triple Helix’. The aim of that Triple Helix is to construct an open and expansive economy, to facilitate the cross‑border flow of investments and to encourage effective cooperation, the basis of which is competitive complementarity and the optimal use of research infrastructure between scientific facilities, as well as between scientific facilities and businesses.
Justification
A grass‑roots approach increases the coherence of decisions taken at local level, improves the quality of management, contributes to strengthening social capital in the regions and encourages the use of innovative solutions.
Increasing public awareness of the bio‑economy and of establishing a bio‑based society is one of the vital factors accelerating the full transition to industry based on renewable biological resources in Europe.
The regions are closest to the public and stand as an element bringing together research institutions, companies, local and regional authorities, and civil society. They therefore play a vital role in raising public awareness and should be included in the wording.
Amendment  10 Proposal for a regulation Recital 16 b (new)
Text proposed by the Commission	Amendment
	(16b) Taking due account of the intended synergies between Horizon 2020 and the Structural Funds, as well as relevant national and regional R&D funding programmes, regions across the Union should be encouraged to contribute pro-actively to the activities of the BBI Joint Undertaking, for example. by supporting financially relevant research infrastructure, by preparing proposals, by exploiting the research results or the networking activities of relevant actors, with the aim of boosting the regional impact of BBI activities and their potential to create jobs and growth at regional level.
Amendment  11 Proposal for a regulation Recital 20
Text proposed by the Commission	Amendment
(20) In order to achieve its objectives, the BBI Joint Undertaking should provide financial support mainly in the form of grants to participants following open and competitive calls for proposals.	(20) In order to achieve its objectives and also to ensure that smaller players and financiers benefit in a similar way, the BBI Joint Undertaking should provide the EU contribution to the actions through open and transparent procedures mainly in the form of grants to participants following open and transparent competitive calls.
Amendment  12 Proposal for a regulation Recital 22
Text proposed by the Commission	Amendment
(22) Their contributions should also relate to additional activities to be undertaken by the private Members, as specified in an additional activities plan; in order to get a proper overview of the leverage effect those additional activities should represent contributions to the broader Joint Technology Initiative on Bio-Based Industries.	(22) Their contributions should also relate to additional activities to be undertaken by the private Members, as specified in an additional activities plan and presented in an annual report; in order to get a proper overview of the leverage effect those additional activities should represent contributions to the broader Joint Technology Initiative on Bio-Based Industries.
(see amendment in Art. 4 (4).)
Amendment  13 Proposal for a Regulation Recital 23 a (new)
Text proposed by the Commission	Amendment
	(23a) The derogation from Regulation (EU) No ... /2013 of the European Parliament and of the Council of ... 2013 laying down the rules for participation and dissemination in "Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) for which this Regulation provides seems justified for the specific operating needs.
Justification
Your rapporteur would like to state already at this stage that the envisaged derogation seems acceptable. For an optimal level of leverage effect on private investment, the BBI shall limit the funding from the Union for actions in the area of bio-based industries other than innovation actions only to the following types of participants: SMEs; secondary and higher education establishments; non-profit legal entities, including those carrying out research or technological development as one of their main objectives; the JRC; international European interest organisations.
Amendment  14 Proposal for a regulation Recital 24
Text proposed by the Commission	Amendment
(24) The Union financial contribution to the BBI Joint Undertaking should be managed in accordance with the principle of sound financial management and with the relevant rules on indirect management set out in Regulation (EU, Euratom) No 966/2012 and Commission delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/201227 .	(24) The Union financial contribution to the BBI Joint Undertaking should be managed in accordance with the principle of sound financial management and with the relevant rules on indirect management set out in Article 60(1) to (4) of Regulation (EU, Euratom) No 966/2012 and Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 27 .
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27 OJ L 362, 31.12.2012, p. 1.	27 Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).
Amendment  15 Proposal for a regulation Recital 26 a (new)
Text proposed by the Commission	Amendment
	(26a) Without prejudice to the interim evaluation referred to in Article 11 and in accordance with Article 32 of Regulation (EU) No 1291/2013 and as part of the Horizon 2020 Interim Evaluation, Joint Technology Initiatives as a particular funding instrument of Horizon 2020 should be subject to an in-depth assessment which shall include, inter alia, an analysis of openness, transparency and efficiency of public-private partnerships based on Article 187 TFEU.
Amendment  16 Proposal for a regulation Recital 27
Text proposed by the Commission	Amendment
(27) The Commission’s internal auditor should exercise the same powers over the BBI Joint Undertaking as those exercised in respect of the Commission.	(27) The Commission’s internal auditor should exercise the same powers over the BBI Joint Undertaking as those exercised in respect of the Commission. A corresponding arrangement should apply to the European Parliament and to the Court of Auditors .
Amendment  17 Proposal for a regulation Recital 28
Text proposed by the Commission	Amendment
(28) In accordance with Article 287(1) of the Treaty, the constituent instrument of bodies, offices or agencies set up by the Union may preclude the examination of the accounts of all revenue and expenditure of those bodies, offices or agencies by the Court of Auditors. In accordance with Article 60(5) of Regulation (EU, Euratom) No 966/2012, the accounts of the bodies under Article 209 Regulation (EU, Euratom) No 966/2012 are to be examined by an independent audit body which is to give an opinion inter alia on the reliability of the accounts and the legality and regularity of the underlying transactions. Avoidance of duplication of the examination of the accounts justifies that the accounts of the BBI Joint Undertaking should not be subject to examination by the Court of Auditors.	(28) By way of derogation from Articles 60(7) and 209 of Regulation (EU, Euratom) No 966/2012, discharge for the implementation of the budget of the BBI Joint Undertaking should be given by the European Parliament on the recommendation of the Council. As a result, the reporting requirements set out in Article 60(5) should not apply to the contribution of the Union to the BBI Joint Undertaking but should be aligned as far as possible to the ones provided for in respect of bodies under Article 208 of Regulation (EU, Euratom) No 966/2012. The auditing of accounts and of the legality and regularity of the underlying transactions should be undertaken by the Court of Auditors.
Amendment  18 Proposal for a Regulation Recital 28 a (new)
Text proposed by the Commission	Amendment
	(28a) The BBI Joint Undertaking should operate in a transparent way when providing all relevant available information to its appropriate bodies and promoting its activities.
Amendment  19 Proposal for a regulation Recital 30 a (new)
Text proposed by the Commission	Amendment
	(30a) With a view to achieving the overall aim of Horizon 2020 which is to bring about the greater simplification and harmonisation of the European research and innovation funding landscape, Joint Undertakings should avoid different sets of rules from Horizon 2020.
Amendment  20 Proposal for a regulation Recital 30 b (new)
Text proposed by the Commission	Amendment
	(30b) In order to help close the research and innovation divide in Europe, complementarity and close synergies should be developed with the Structural Funds. Where possible, the interoperability of the two instruments should be promoted. Cumulative or combined funding should be encouraged. In this context, measures should aim to fully exploit the potential of Europe's talent pool, thereby optimising the economic and social impact of research and innovation, and should be distinct from but complementary to policies and actions of the Cohesion policy Funds.
Amendment  21 Proposal for a regulation Recital 30 c (new)
Text proposed by the Commission	Amendment
	(30c) In view of the importance of basic research to creating breakthrough ideas that make future innovation possible, calls for proposals for collaborative R&D projects should be issued in the field of biotechnology research under Horizon 2020 in parallel with and in addition to the activities of the Bio-Based Industries Joint Undertaking, particularly those regarding research at Technology Readiness Levels 1 to 4;
Justification
According to the H2020 Regulation, R&D activities covered by JTIs should also be included in regular CfPs in H2020 work programmes. In the case of BBI, collaborative research should be carried out in parallel to BBI activities at lower TRLs, to achieve a wider inclusion of universities and SMEs in EU-funded biotechnology research, to ensure the right balance between lower and upper TRLs, to create a competitive research environment, and to boost future innovation.
Amendment  22 Proposal for a regulation Recital 30 d (new)
Text proposed by the Commission	Amendment
	(30d) Taking due account of the intended synergies between Horizon 2020 and the Structural Funds as well as relevant national and regional R&D funding programmes, regions across the Union should be encouraged to contribute pro-actively to the activities of the Bio-Based Industries Joint Undertaking, for example by supporting financially relevant research infrastructure, the preparation of proposals, the exploitation of research results or the networking activities of relevant actors, aiming at boosting the regional impact of Bio-Based Industries JU activities and their potential to create jobs and growth at regional level.
Justification
The European Parliament successfully pushed for a new article in the Horizon 2020 Framework Regulation that explicitly demands better synergies between Horizon 2020 and the Structural Funds. In this context, JTIs should be no exception. Regions should be encouraged to contribute to their activities, particularly in view of their huge potential for strengthening regional clusters.
Amendment  23 Proposal for a regulation Recital 30 e (new)
Text proposed by the Commission	Amendment
	(30e) Measures should be taken that promote the participation of SMEs, Universities and Research Centres should be . In this context, barriers that prevent the participation of new comers to the programme should be identified and addressed.
Amendment  24 Proposal for a Regulation Article 1 – paragraph 1
Draft legislative resolution	Amendment
1. For the implementation of the Joint Technology Initiative on Bio-Based Industries, a joint undertaking within the meaning of Article 187 of the Treaty (hereinafter ‘BBI Joint Undertaking’), is established for a period from 1 January 2014 until 31 December 2024.	1. For the implementation of the Joint Technology Initiative on Bio-Based Industries, a joint undertaking within the meaning of Article 187 TFEU (hereinafter ‘BBI Joint Undertaking’), is established for a period from 1 January 2014 until 31 December 2024. In order to take account of the duration of the Horizon 2020 Framework Programme for Research and Innovation (2014-2020), all calls for proposals shall be launched by 31 December 2020.
Amendment  25 Proposal for a Regulation Article 2 – point a
Text proposed by the Commission	Amendment
(a) to contribute to the implementation of Regulation (EU) No …/2013 of the European Parliament and of the Council of ….2013 establishing the Horizon 2020 Framework Programme and in particular part … of Decision No … /2013 EU of the Council of …2013 establishing the Horizon 2020 Specific Programme.	(a) to contribute to the implementation of Regulation (EU) No .../2013 of the European Parliament and of the Council of ....2013 establishing the Horizon 2020 Framework Programme and in particular addressing the research and innovation priorities laid down in Part II.1 and Part III.2 of Decision No ... /2013 EU of the Council of ...2013 establishing the Horizon 2020 Specific Programme.
Justification
Additions in order to be more explicit that the JTI has to follow the research and innovation objectives established in Horizon 2020.
Amendment  26 Proposal for a regulation Article 2 – point b
Text proposed by the Commission Amendment (b) to contribute to the objectives of the Biobased Industries Joint Technology Initiative for a more resource efficient and sustainable low-carbon economy and increasing economic growth and employment, in particularly in rural areas, by developing sustainable and competitive bio-based industries in Europe based on advanced biorefineries that source their biomass sustainably; and in particular to: (b) to contribute to the objectives of the Biobased Industries Joint Technology Initiative for a more resource efficient and sustainable low-carbon economy and for accelerating economic growth and increasing employment, in particularly in rural areas and areas with large biomass resources and potential for developing bio-based products, by developing sustainable and competitive bio-based industries in Europe based on advanced biorefineries that source their biomass sustainably; and in particular to:
Amendment  27 Proposal for a regulation Article 2 – point b a (new)
Text proposed by the Commission	Amendment
	(ba) to promote the involvement of small and medium-sized enterprises (SMEs) in its activities, in line with the objectives of the Horizon 2020 Framework Programme.
Amendment  28 Proposal for a regulation Article 2 – point c
Text proposed by the Commission Amendment (c) demonstrate technologies that enable new chemical building blocks, new materials, and new consumer products from European biomass and which replace the need for fossil based inputs; (c) to demonstrate and promote large and small scale technology solutions that enable new chemical building blocks, new materials, and new consumer products from European biomass to be sustainably-produced and which replace the need for fossil based inputs; as well as to support innovation and the pursuit of new sources of growth that make it possible to take full advantage of intellectual capital;
Justification
Better and more effective promotion of innovative technologies will accelerate their use at all levels of the bio‑materials value chain.
Making full use of intellectual capital (human resources in companies, experts and scientists) will accelerate the development of the Bio-Based Industries Joint Undertaking and of all measures aimed at promoting a flourishing bio‑economy, and, in so doing, will strengthen Europe’s global competitiveness.
Amendment  29 Proposal for a regulation Article 2 – point d
Text proposed by the Commission Amendment (d) develop business models that integrate economic actors along the whole value chain from supply of biomass to biorefinery plants to consumers of bio-based materials, chemicals and fuels, including through creating new cross-sector interconnections and supporting cross-industry clusters; and (d) to develop business models that integrate economic actors along the whole value chain from supply of biomass to biorefinery plants to consumers of bio-based materials, chemicals and fuels, including through creating new cross-sector interconnections, supporting cross-industry clusters as well as the development of interregional and transnational cooperation; and
Amendment  30 Proposal for a regulation Article 2 – point e
Text proposed by the Commission	Amendment
(e) set up flagship biorefinery plants that deploy the technologies and business models for bio-based materials, chemicals and fuels and demonstrate cost and performance improvements to levels that are competitive with fossil based alternatives.	(e) to set up flagship biorefinery plants that deploy the sustainable technologies and sustainable business models for bio-based materials, chemicals and fuelsand demonstrate cost and performance improvements to levels that are competitive with fossil based alternatives.
Amendment  31 Proposal for a regulation Article 2 – point e a (new)
Text proposed by the Commission Amendment   (ea) to ensure that the outcomes of research into innovative bio‑economy technologies are communicated to all entities, including individual farmers, in order to enable everyone to make the greatest possible use of them.
Justification
Current structural conditions in agriculture and related sectors and the excessively low amount of own resources mean that entities do not always have information on how to access innovative technologies. Other problems also arise with regard to the rapid application of scientific knowledge.
Amendment  32 Proposal for a regulation Article 2 a (new)
Text proposed by the Commission	Amendment
	Article 2 a
	Scope of activities
	1. In order to fulfil the objectives set out in Article 2, the Bio-Based Industries research programme may fund the research and development consisting of comprising the Technology Readiness Levels from 2 to 6.
	2. Should the Bio-Based Industries research programme provides for innovation activities comprising the Technology Readiness Levels from 7 to 8, funding rates for indirect actions shall be reduced in accordance with [Art. 22] of the Rules for Participation laid down in Horizon 2020.
Justification
This article means to clarify the scope of activities of the Bio-Based Industries Joint Undertaking, in particular with respect to the relevant TRLs covered by its research programme. The RfP also call for a greater consideration of the TRL-concept to stipulate funding levels, which is taken up in this article with a view to the funding rates used in indirect actions.
Amendment  33 Proposal for a regulation Article 3 – paragraph 1
Text proposed by the Commission	Amendment
1. The maximum Union contribution, including EFTA appropriations to the BBI Joint Undertaking to cover administrative costs and operational costs shall be EUR 1000 million. The contribution shall be paid from the appropriations in the general budget of the Union allocated to the Horizon 2020 Specific Programme implementing the Horizon 2020 Framework Programme in accordance with the relevant provisions of Article 58(1)(c)(iv) and Articles 60 and 61 of Regulation (EU, Euratom) No 966/2012 for bodies referred to in Article 209 of that Regulation.	1. The maximum Union contribution, including contributions from countries of the European Free Trade Association (EFTA), to the BBI Joint Undertaking to cover administrative costs and operational costs shall be EUR 950 million. The contribution shall be paid from the appropriations in the general budget of the Union allocated to the Horizon 2020 Framework Programme and in particular from appropriations allocated to the specific objectives "Leadership in enabling and industrial technologies" and "Food security, sustainable agriculture and forestry, marine, maritime and inland water research, and the bioeconomy" in accordance with the relevant provisions of Article 58(1)(c)(iv) and Articles 60(1) to (4) and 61 of Regulation (EU, Euratom) No 966/2012 for bodies referred to in Article 209 of that Regulation
Amendment  34 Proposal for a regulation Article 3 – paragraph 3
Text proposed by the Commission	Amendment
3. The delegation agreement referred to in paragraph 2 shall address the elements set out in Article 58(3) and Articles 60 and 61 of Regulation (EU, Euratom) No 966/2012 and in Article 40 of Commission delegated Regulation (EU) No 1268/2012 as well as inter alia the following:	3. The delegation agreement referred to in paragraph 2 shall address the elements set out in Article 58(3) and Articles 60(1) to (4) and 61 of Regulation (EU, Euratom) No 966/2012 and in Article 40 of Commission delegated Regulation (EU) No 1268/2012 as well as inter alia the following:
Amendment  35 Proposal for a regulation Article 3 – paragraph 3 – point d
Text proposed by the Commission	Amendment
(d) the arrangements regarding the provision of data necessary to ensure that the Commission is able to meet its dissemination and reporting obligations;	(d) the arrangements regarding the provision of data necessary to ensure that the Commission is able to meet its dissemination and reporting obligations, including complete information on all proposals and grant agreements and their partners, which shall be published in a timely manneron the web-based Horizon 2020 Participant Portal ;
Amendment  36 Proposal for a Regulation Article 4 – paragraph 3
Text proposed by the Commission	Amendment
3. The Members of the BBI Joint Undertaking other than the Union shall report each year by 31 January to the Governing Board of the BBI Joint Undertaking on the value of the contributions referred to in paragraph 2 made in each of the previous financial years.	3. The Members of the BBI Joint Undertaking other than the Union shall report each year by 31 January to the Governing Board of the BBI Joint Undertaking on the value of the contributions referred to in paragraph 2 made in each of the previous financial years. The States Representatives Group shall also be informed in a timely manner.
Amendment  37 Proposal for a regulation Article 4 – paragraph 4
Text proposed by the Commission	Amendment
4. For the purpose of valuing the contributions referred to in point (b) of paragraph 2 and clause 12(3)(c) of the Statutes contained in the Annex, the costs shall be determined according to the usual cost accounting practices of the entities concerned, to the applicable accounting standards of the country where each entity is established, and to the applicable International Accounting Standards / International Financial Reporting Standards. The costs shall be certified by an independent external auditor appointed by the entity concerned. The valuation of the contributions shall be verified by the BBI Joint Undertaking. In case of remaining uncertainties, it may be audited by the BBI Joint Undertaking.	4. For the purpose of valuing the contributions referred to in point (b) of paragraph 2 and clause 12(3)(c) of the Statutes contained in the Annex, the costs shall be determined according to the usual cost accounting practices of the entities concerned, to the applicable accounting standards of the country where each entity is established, and to the applicable International Accounting Standards / International Financial Reporting Standards. The costs of the contributions referred to in clause 12(3)(c) of the Statutes shall be certified by an independent external auditor appointed by the entity concerned. The valuation of the contributions shall be verified by the BBI Joint Undertaking. In case of remaining uncertainties, it may be audited by the BBI Joint Undertaking. The entity concerned shall draw up an annual report setting out its additional activities. That report shall be made available to the general public.
Justification
While the additional activities to be carried out by private members are a welcome addition to the leverage effect of the JTI, they should not be subject to auditing. Additional activities should be planned and carried-out accordingly, determined clearly as in-kind contributions, and reported on annually. But these activities are not co-financed by the Union and should thus be exempt from control other than through the JU.
Amendment  38 Proposal for a regulation Article 5
Text proposed by the Commission	Amendment
The BBI Joint Undertaking shall adopt its specific Financial rules in accordance with Article 209 of Regulation (EU, Euratom) No 966/2012 and Regulation (EU) No … [Delegated Regulation on the model Financial Regulation for PPPs].	Without prejudice to Article 12, the BBI Joint Undertaking shall adopt its specific Financial rules in accordance with Article 209 of Regulation (EU, Euratom) No 966/2012 and Regulation (EU) No … [Delegated Regulation on the model Financial Regulation for PPPs].
Amendment  39 Proposal for a regulation Article 9 – paragraph 2
Text proposed by the Commission	Amendment
2. In the case of non-contractual liability, the BBI Joint Undertaking shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its staff in the performance of their duties.	2. In the case of non-contractual liability, the BBI Joint Undertaking shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its staff and by members of its Governing Board in the performance of their duties.
Amendment  40 Proposal for a regulation Article 11 – paragraph 1
Text proposed by the Commission	Amendment
1. By 31 December 2017 the Commission shall conduct an interim evaluation of the BBI Joint Undertaking. The Commission shall communicate the conclusions thereof, accompanied by its observations, to the European Parliament and to the Council by 30 June 2018.	1. By 30 June 2017 the Commission shall organise an independent interim evaluation of the BBI Joint Undertaking. The Commission shall communicate the conclusions thereof, accompanied by its observations, to the European Parliament and to the Council by 31 December 2017.
	The results of the independent interim evaluation of the Bio-Based Industries Joint Undertaking shall be taken into account in the interim evaluation of Horizon 2020.
	In accordance with Article 32 of Regulation (EU) No 1291/2013 and as part of the Horizon 2020 Interim Evaluation, Joint Technology Initiatives as a funding instrument of Horizon 2020 shall be subject to an in-depth assessment which shall include, inter alia, an analysis of the openness, transparency and efficiency of public-private partnerships based on Article 187 TFEU.
	In  order to respond to unforeseen situations or to new developments and needs  the Commission may, following the interim evaluation of Horizon 2020 as referred to in Article 32(3) of the Regulation (EU) No 1291/2013 review,  within the annual budgetary procedure, the budget of the Bio-Based Industries Joint Undertaking.
Amendment  41 Proposal for a regulation Article 12
Text proposed by the Commission	Amendment
1. The discharge of the budget implementation with regard to the Union contribution to the BBI Joint Undertaking shall be part of the discharge given by the European Parliament, upon recommendation of the Council, to the Commission in accordance with the procedure provided for in Article 319 of the Treaty.	The discharge for the implementation of the budget of the BBI Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council in accordance with the procedure provided for in the financial rules of the BBI Joint Undertaking.
2. The BBI Joint Undertaking shall fully cooperate with the institutions involved in the discharge procedure and provide, as appropriate, any necessary additional information. In this context, it may be requested to be represented in meetings with the relevant institutions or bodies and assist the Commission authorising officer by delegation.
Amendment  42 Proposal for a regulation Article 14 – paragraph 1
Text proposed by the Commission	Amendment
1. Without prejudice to clause 16(4) of the Statutes contained in the Annex, the BBI Joint Undertaking shall grant Commission staff and other persons authorised by it, as well as the Court of Auditors, access to its sites and premises and to all the information, including information in electronic format, needed in order to conduct their audits.	1. The BBI Joint Undertaking shall grant Commission staff and other persons authorised by it, as well as the Court of Auditors, access to its sites and premises and to all the information, including information in electronic format, needed in order to conduct their audits.
Amendment  43 Proposal for a regulation Article 14 – paragraph 5 a (new)
Text proposed by the Commission	Amendment
	5a. Members of the staff of the Joint Undertaking, the Executive Director, and members of the Governing Board shall, without delay , report such fraud as might have come to their knowledge in the performance of their duties or office in OLAF provided that this disclosure does not render them liable to prosecution.
Justification
Fighting fraud has to be an EU priority. This reporting arrangement, which is already operating in at least one Member State, is a very useful means to that end.
Amendment  44 Proposal for a regulation Article 17 – paragraph 1
Text proposed by the Commission	Amendment
Regulation (EU) No … [Rules for participation and dissemination in Horizon 2020] shall apply to the actions funded by the BBI Joint Undertaking. In accordance with that Regulation, the BBI Joint Undertaking shall be considered as a funding body and shall provide financial support to indirect actions as set out in clause 1 of the Statutes contained in the Annex.	Regulation (EU) No … [Rules for participation and dissemination applicable to Horizon 2020] and Commission decisions relevant to its implementation shall apply to the indirect actions funded by the BBI Joint Undertaking. In accordance with that Regulation, the BBI Joint Undertaking shall be considered as a funding body and shall provide financial support to indirect actions as set out in clause 1 of the Statutes contained in the Annex.
Amendment  45 Proposal for a regulation Article 17 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	In order to take into account the specific operating needs of the Bio-based Industries Joint Undertaking, work plans of the BBI Joint Undertaking may derogate from the Rules for Participation laid down in Horizon 2020 in order to facilitate and encourage the participation of specific types of participants, namely by limiting the allocation of funding to SMEs, universities, non-profit research organisations, the JRC, and European interest organisations.
Amendment  46 Proposal for a regulation Article 17 – paragraph 1 b (new)
Text proposed by the Commission	Amendment
	In accordance with the principles of transparency and non-discrimination as laid out in Article 60(1) and Article 128(1) of Regulation (EU, Euratom) No 966/2012 and Article 16 of this Regulation, calls for proposals organised by the BBI Joint Undertaking shall be published on the web-based Horizon 2020 Participant Portal.
Justification
During the Horizon 2020 trilogue negotiations the institutions agreed to promote a greater coherence of all call possibilities financed under Horizon 2020. To this effect, the Commission promised to promote the publication of CfPs organised by the JTIs on the Horizon 2020 Participant Portal. All of them agreed to follow this approach. This amendment aims to turn a self-obligation into a legal requirement, guaranteeing simple and accessible information for applicants.
Amendment  47 Proposal for a regulation Article 18 a (new)
Text proposed by the Commission	Amendment
	Article 18a
	The Commission shall ensure constant coordination between the activities of Horizon 2020 and the activities of the BBI Joint Undertaking by regularly identifying possible complementarities and synergies and by implementing a formal coordination process to fine-tune the research priorities covered by collaborative research under the framework programme and the activities covered by the BBI Joint Undertaking.
Amendment  48 Proposal for a regulation Annex 1 – part 1 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) establish and develop close and long-term cooperation between the Union, industry and the other stakeholders;	(c) establish and develop close and long-term cooperation between the Union, industry, academic circles, research organisations and the other stakeholders, while ensuring that participation is as wide as possible in geographical terms and regarding the number of participants;
Amendment  49 Proposal for a regulation Annex - paragraph 1 - point h
Text proposed by the Commission Amendment (h) information, communication, exploitation and dissemination activities by applying mutatis mutandis the provisions of Article 22 of Regulation (EU- No…/2013 [the Horizon 2020 Framework Programme]; (h) information, communication, promotion, exploitation and dissemination activities by applying mutatis mutandis the provisions of Article 22 of Regulation (EU- No…/2013 [the Horizon 2020 Framework Programme];
Justification
Better and more effective promotion of innovative technologies will accelerate their use at all levels of the bio‑materials value chain.
Amendment  50 Proposal for a regulation Annex 1 – part 2 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) upon acceptance of these Statutes, by means of a letter of endorsement, the Bio-based Industries Consortium Aisbl (hereinafter referred to as BIC), a non-profit organization established under Belgium law (registration number: 0521-857-822), with its permanent office in Brussels, Belgium	(b) upon acceptance of these Statutes, by decision of its governing body, the Bio-based Industries Consortium Aisbl (hereinafter referred to as BIC), a non-profit organization established under Belgium law (registration number: 0521-857-822), with its permanent office in Brussels, Belgium
Amendment  51 Proposal for a regulation Annex 1 – part 3 – paragraph 3
Text proposed by the Commission	Amendment
3. The Governing Board shall assess the application taking into account the relevance and the potential added value of the applicant for the achievement of the objectives of the BBI Joint Undertaking. It shall then decide on the application.	3. The Governing Board shall assess the application taking into account the relevance and the potential added value of the applicant for the achievement of the objectives of the BBI Joint Undertaking. It shall then decide on the application. Rules for accepting new members shall be public and transparent. They shall not impose undue obstacles. Any rejection of new members shallbe clearly justified in writing and made available to the candidate and to the States Representative Group.
Amendment  52 Proposal for a regulation Annex 1 – part 3 – paragraph 4
Text proposed by the Commission	Amendment
4. Any Member may terminate its membership to the BBI Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the other Members. As of then, the former Member shall be discharged from any obligations other than those approved or incurred by the BBI Joint Undertaking prior to terminating the membership.	4. Any Member may terminate its membership of the BBI Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the other Members. As of then, the former Member shall be discharged from any obligations other than those approved or incurred by the BBI Joint Undertaking prior to terminating the membership. In the event of such termination, the outgoing Member and the BBI Joint Undertaking shall set up an account to settle outstanding financial obligations.
Amendment  53 Proposal for a regulation Annex 1 – part 6 – paragraph 3 – subparagraph 3
Text proposed by the Commission	Amendment
The chairperson of the States Representatives Group shall have the right to attend meetings of the Governing Board as an observer.	The chairperson of the States Representatives Group shall have the right to attend meetings of the Governing Board and to take part in the deliberations, but shall not have any voting rights.
Justification
Both the States Representative Group as well as the Scientific Committee are advisory bodies to the Bio-Based Industries Joint Undertaking according to point 4(2) of the statutes. To appropriately fulfil this role they should be given the right both to attend meetings of the Governing Board as well as to take part in the deliberations taking place there. Who shall advise, shall have the right to speak.
Amendment  54 Proposal for a regulation Annex 1 – part 6 – paragraph 3 – subparagraph 3 a (new)
Text proposed by the Commission	Amendment
	The chairperson of the Scientific Committee shall have the right to attend meetings of the Governing Board and to take part in its deliberations, but not have any voting rights
Amendment  55 Proposal for a regulation Annex 1 – part 6 – paragraph 3 – subparagraph 6
Text proposed by the Commission	Amendment
The Governing Board shall adopt its own rules of procedure.	The Governing Board shall adopt its own rules of procedure and shall make them publically available.
Amendment  56 Proposal for a regulation Annex 1 – part 7 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	1a. The Commission shall ensure that the activities of Horizon 2020 and the activities of the Bio-Based Industries Joint Undertaking are coordinated constantly. It shall do so by regularly identifying possible complementarities and synergies, including desirable overlaps, and by implementing a formal coordination process to bring into harmony with one another the research priorities covered by collaborative research under the framework programme and the activities covered by the Bio-Based Industries Joint Undertaking.
Justification
There is an urgent need to coordinate the research activities under the framework programme and the activities carried out in the JTIs, including the management of desired overlap and needed synergies and complementarities. Naturally this task would be best fulfilled by the Commission whose role in the governance structure of the JTIs (50% of votes) should provide it with sufficient means to do so.
Amendment  57 Proposal for a regulation Annex 1 – part 7 – paragraph 2 – point m
Text proposed by the Commission	Amendment
(m) approve the calls as well as, where appropriate, the related rules for submission, evaluation, selection, award and review procedures;	(m) approve the calls;
Justification
The rules for submission, evaluation, selection, award and review procedures of Horizon 2020 should apply, mutatis mutandis.
Amendment  58 Proposal for a regulation Annex 1 – part 7 – paragraph 2 – point n
Text proposed by the Commission	Amendment
(n) approve the list of actions selected for funding;	(n) approve the list of actions selected for funding on the basis of the ranking list produced by a panel of independent experts in accordance with Article 37 of the Rules for Participation laid down in Horizon 2020;
Amendment  59 Proposal for a regulation Annex 1 – part 7 – paragraph 2 – point o a (new)
Text proposed by the Commission	Amendment
	(oa) inform the States Representatives Group and the Scientific Committee regularly on all matters relevant to their advisory role;
Justification
In order to fulfil their task as advisory bodies to the Bio-Based Industries Joint Undertaking, the States Representatives Group and the Scientific Committee should receive adequate information on all relevant issues.
Amendment  60 Proposal for a regulation Annex 1 – part 8 – paragraph 1 – subparagraph 1
Text proposed by the Commission	Amendment
1. The Executive Director shall be appointed by the Governing Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The Commission shall associate the representation from the other Members of the BBI Joint Undertaking in the selection procedure as appropriate.	1. The Executive Director shall be appointed by the Governing Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The Commission shall associate the representation from the other Members of the BBI Joint Undertaking in the selection procedure as appropriate. The European Parliament shall have the right to object.
Amendment  61 Proposal for a regulation Annex 1 – part 9 – paragraph 4 – point c
Text proposed by the Commission	Amendment
(c) submit for approval to the Governing Board the annual accounts;	(c) draw up the annual accounts with a view to their submission to the Governing Board for its approval;
Amendment  62 Proposal for a regulation Annex 1 – part 9 – paragraph 4 – point k a (new)
Text proposed by the Commission	Amendment
	(ka) draw up an annual report on the progress of the research and development activities in cooperation with the communications division of the Bio-Based Industries Joint Undertaking;
Justification
It would be recommendable to disseminate more and easily accessible information on the progress and performance of the JTI on a regular basis, in order to raise the visibility of the JTI and create awareness of its achievements among the wider public.
Amendment  63 Proposal for a regulation Annex 1 – part 9 – paragraph 4 – point m a (new)
Text proposed by the Commission	Amendment
	(ma) follow-up on any recommendations resulting from the interim evaluation of the Bio-based Industries Joint Undertaking or any other relevant assessment of the Bio-based Industries JU activities in a timely manner;
Amendment  64 Proposal for a regulation Annex 1 – part 9 – paragraph 5 – point b
Text proposed by the Commission	Amendment
(b) manage the calls as provided for in the annual work plan and the administration of the agreements or decisions, including their coordination;	(b) manage the calls, including the evaluation by a panel of independent experts, as provided for in the annual work plan and the administration of the agreements or decisions, including their coordination;
Amendment  65 Proposal for a regulation Annex 1 – part 9 – paragraph 5 – point d a (new)
Text proposed by the Commission	Amendment
	(da) supervise an information and promotion system for wide participation in the JU activities, namely the Calls for proposals, including a link to the NCP system
Amendment  66 Proposal for a regulation Annex 1 – part 10 – paragraph 2
Text proposed by the Commission	Amendment
2. The members shall reflect a balanced representation of world-wide recognised experts from academia, industry, small and medium enterprises, non-governmental organisations and regulatory bodies. Collectively, the Scientific Committee members shall have the necessary scientific competencies and expertise covering the technical domain needed to make science-based recommendations to the BBI Joint Undertaking.	2. The members shall reflect a balanced representation of world-wide recognised experts from academia, industry, small and medium enterprises, non-governmental organisations and regulatory bodies. Collectively, the Scientific Committee members shall have the necessary scientific competencies and expertise covering the technical domain needed to make science-based recommendations to the BBI Joint Undertaking. The composition of the the Scientific Committee shall seek to achieve gender equality in accordance with Article 16 of the Horizon 2020 Framework Programme.
Amendment  67 Proposal for a regulation Annex 1 – part 10 – paragraph 4 – point a
Text proposed by the Commission	Amendment
(a) advise on the scientific priorities to be addressed in the annual work plans;	(a) advise on the scientific priorities to be addressed in the annual work plans, including on draft call texts;
Amendment  68 Proposal for a regulation Annex 1 – part 10 – paragraph 5
Text proposed by the Commission	Amendment
5. The Scientific Committee shall meet at least once a year. The meetings shall be convened by its chairperson.	5. The Scientific Committee shall meet at least twice a year. The meetings shall be convened by its chairperson.
Amendment  69 Proposal for a regulation Annex 1 – part 10 – paragraph 6 a (new)
Text proposed by the Commission	Amendment
	6 a. The Scientific Committee shall receive information on a regular basis, and in particular on participation in indirect actions funded by the BBI Joint Undertaking, on the outcome of each call and project implementation, on synergies with other relevant Union programmes, on the execution of the BBI JU budget and on the dissemination and exploitation of research results.
Amendment  70 Proposal for a regulation Annex 1 – part 10 – paragraph 7
Text proposed by the Commission	Amendment
7. The Scientific Committee shall adopt its own rules of procedure.	7. The Scientific Committee shall adopt its own rules of procedure and make them publicly available.
Amendment  71 Proposal for a regulation Annex 1 – part 11 – paragraph 2 – subparagraph 1
Text proposed by the Commission	Amendment
2. The States Representatives Group shall meet at least once a year. The meetings shall be convened by its chairperson. The Executive Director and the chairperson of the Governing Board or their representatives shall attend the meetings.	2. The States Representatives Group shall meet at least twice a year. The meetings shall be convened by its chairperson. The Executive Director and the chairperson of the Governing Board or their representatives shall attend the meetings.
Amendment  72 Proposal for a regulation Annex 1 – part 11 – paragraph 3 – point c
Text proposed by the Commission	Amendment
(c) links to the Horizon 2020 Framework Programme;	(c) compliance with the Horizon 2020 Framework Programme;
Amendment  73 Proposal for a regulation Annex 1 – part 11 – paragraph 3 – point d
Text proposed by the Commission	Amendment
(d) annual work plans;	(d) annual work plans, including draft call texts;
Amendment  74 Proposal for a regulation Annex 1 – part 11 – paragraph 3 – point d a (new)
Text proposed by the Commission	Amendment
	(da) the advisability of including a given research priority covered by BBI Joint Undertaking in regular calls in the Horizon 2020 Framework Programme in order to develop new synergies with research and innovation activities of strategic importance;
Amendment  75 Proposal for a Regulation Annex 1 – part 11 – point 4 – point a
Text proposed by the Commission	Amendment
(a) the status of relevant national or regional research and innovation programmes and identification of potential areas of cooperation, including deployment of relevant technologies;	(a) the status of relevant national or regional research and innovation programmes and identification of potential areas of cooperation, including deployment of relevant technologies to allow synergies and avoid overlaps;
Amendment  76 Proposal for a regulation Annex 1 – part 11 – paragraph 5 – subparagraph 1 a (new)
Text proposed by the Commission	Amendment
	The States Representatives Group shall receive information on a regular basis, in particular on the participation in indirect actions funded by the Bio-Based Industries Joint Undertaking, on the outcome of each call and project implementation, on synergies with other relevant Union programmes, on the execution of the Bio-Based Industries budget and on the dissemination and exploitation of research results.
Justification
In order to fulfil its task as an advisory body to the Bio-Based Industries Joint Undertaking, the States Representatives Group should receive adequate information on all relevant issues.
Amendment  77 Proposal for a regulation Annex 1 – part 11 – paragraph 6
Text proposed by the Commission	Amendment
6. The States Representatives Group shall adopt its own rules of procedure.	6. The States Representatives Group shall adopt its own rules of procedure and make them publicly available .
Amendment  78 Proposal for a regulation Annex 1 – part 16
Text proposed by the Commission	Amendment
1. The Executive Director shall report annually to the Governing Board on the performance of his duties in accordance with the financial rules of the BBI Joint Undertaking.	1. The Executive Director shall report annually to the Governing Board on the performance of his duties in accordance with the financial rules of the BBI Joint Undertaking.
By 15 February each year the Executive Director shall submit to the Governing Board for approval an annual activity report on the progress made by the BBI Joint Undertaking in the previous calendar year, in particular in relation to the annual work plan for that year. That report shall include, inter alia, information on the following matters:	Within two months of the closure of each financial year, Executive Director shall submit to the Governing Board for approval an annual activity report on the progress made by the BBI Joint Undertaking in the previous calendar year, in particular in relation to the annual work plan for that year. That report shall include, inter alia, information on the following matters:
(a) research, innovation and other actions carried out and the corresponding expenditure;	(a) research, innovation and other actions carried out and the corresponding expenditure;
(b) the actions submitted, including a breakdown by participant type, including SMEs, and by country;	(b) the actions submitted, including a breakdown by participant type, including SMEs, and by country;
(c) the actions selected for funding, including a breakdown by participant type, including SMEs, and by country and indicating the contribution of the BBI Joint Undertaking to the individual participants and actions.	(c) the actions selected for funding, including a breakdown by participant type, including SMEs, and by country and indicating the contribution of the BBI Joint Undertaking to the individual participants and actions.
2. Once approved by the Governing Board, the annual activity report shall be made publicly available.	2. Once approved by the Governing Board, the annual activity report shall be made publicly available.
3. The BBI Joint Undertaking shall report annually to the Commission in accordance with Article 60(5) of Regulation (EU, Euratom) No 966/2012.	3. By 1 March , the accounting officer of the BBI Joint Undertaking shall send the provisional accounts for the previous calendar year to the Commission's accounting officer and the Court of Auditors.
4. The accounts of the BBI Joint Undertaking shall be examined by an independent audit body as laid down in Article 60(5) of Regulation (EU, Euratom) No 966/2012.	By 31 March, the BBI Joint Undertaking shall send the report on the budgetary and financial management for the previous calendar year to the European Parliament, to the Council and to the Court of Auditors.
The accounts of the BBI Joint Undertaking shall not be subject to examination by the Court of Auditors.	On receipt of the Court of Auditors' observations on the BBI Joint Undertaking's provisional accounts pursuant to Article 148 of the Regulation (EU, Euratom) No 966/2012, the accounting officer shall draw up the BBI Joint Undertaking's final accounts, the Executive Director shall submit them to the Governing Board for its opinion.
	The Governing Board shall deliver its opinion on the BBI Joint Undertaking's final accounts.
	By 1 July, the Executive Director shall, send the final accounts for the previous calendar year to the European Parliament, to the Council, to the Commission and to the Court of Auditors, together with the Governing Board's opinion.
	By 15 November, the final accounts for the previous calendar year shall be published in the Official Journal of the European Union .
	By 30 September, the Executive Director shall send the Court of Auditors a reply to its observations made in its annual report for the previous calendar year. The Executive Director shall also send this reply to the Governing Board.
	The Executive Director shall submit to the European Parliament, at the latter's request, any information required for the smooth application of the discharge procedure for the financial year in question, in accordance with Article 165(3) of the Regulation (EU, Euratom) No 966/2012.
Amendment  79 Proposal for a regulation Annex 1 – part 19 – paragraph 2
Text proposed by the Commission	Amendment
2. The BBI Joint Undertaking Governing Board may adopt rules for the prevention and management of conflicts of interest in respect of its Members, bodies and staff. In those rules provision shall be made to avoid a conflict of interest for the representatives of the Members serving in the Governing Board.	2. The BBI Joint Undertaking Governing Board shall adopt rules for the prevention and management of conflicts of interest in respect of its Members, bodies and staff. In those rules provision shall be made to avoid a conflict of interest for the representatives of the Members serving in the Governing Board.
Amendment  80 Proposal for a regulation Annex 1 – part 20 – paragraph 4
Text proposed by the Commission	Amendment
4. When the BBI Joint Undertaking is being wound up, its assets shall be used to cover its liabilities and the expenditure relating to its winding up. Any surplus shall be distributed among the Members at the time of the winding up in proportion to their financial contribution to the BBI Joint Undertaking. Any such surplus distributed to the Union shall be returned to the Union budget.	4. When the BBI Joint Undertaking is being wound up, its assets shall be used to cover its liabilities and the expenditure relating to its winding up. Any surplus shall be distributed among the Members at the time of the winding up in proportion to their financial contribution to the BBI Joint Undertaking. Any such surplus distributed to the Union shall be returned to the Specific Programme implementing the Horizon 2020 Framework Programme under the Union budget.

EXPLANATORY STATEMENT

Your Rapporteur welcomes the Commission proposal for a Council regulation on Bio-Based Industries Joint Undertaking as an important part of the Innovation Investment Package under Horizon 2020. This Joint Undertaking builds up on experience of the past years where the EU has funded a wide range of projects that contribute to the advancement of bio-based industries. The transnational and complex nature of this large research and innovation challenge requires pooling complementary knowledge and financial resources across sectors and borders. The proposed JTI  will allow the required coordination of agenda and resources.

Concerning the rather horizontal amendments, your rapporteur is of the opinion that implementation of Horizon 2020 through PPPs based on Article 187, should be open, transparent, effective and efficient and give the opportunity to a wide range of stakeholders active in their specific areas to participate. Your rapporteur has therefore stressed the importance that the principles agreed on during the Horizon 2020 negotiations regarding PPP and what they should deliver are respected. This is in particular important concerning openness and transparency.

BBI as implementing measure of Horizon 2020 has obviously to be in line with the Horizon 2020 research and innovation priorities as established in the parts Leadership in enabling and industrial technologies and in the Food security, sustainable agriculture and forestry, marine, maritime and inland water research and the bioeconomy challenge. Your rapporteur has through the amendments evidenced this direct link.

Finally, your rapporteur would like to mention that this Joint Undertaking will be implemented according the Rules for Participation of Horizon 2020 with one derogation:  For an optimal level of leverage effect on private investment, the BBI shall limit the funding from the Union for actions in the area of bio-based industries other than innovation actions only to the following types of participants: SMEs; secondary and higher education establishments; non-profit legal entities, including those carrying out research or technological development as one of their main objectives; the JRC; international European interest organisations. Without pre-empting the formal procedure on delegated acts, your rapporteur would like to state already at this stage that this derogation seems acceptable.

OPINION of the Committee on Regional Development (18.12.2013)

for the Committee on Industry, Research and Energy

on the proposal for a Council regulation on the Bio-Based Industries Joint Undertaking
(COM(2013)0496 – C7‑0257/2013 – 2013/0241(NLE))

Rapporteur: Elżbieta Katarzyna Łukacijewska

AMENDMENTS

The Committee on Regional Development calls on the Committee on Industry, Research and Energy, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1 Proposal for a regulation Recital 3
Text proposed by the Commission	Amendment
(3) Regulation (EU) No …/2013 of the European Parliament and of the Council of … 2013 establishing Horizon 2020 - The Framework Programme for Research and Innovation (2014-2020)20 aims to achieve a greater impact on research and innovation by combining Horizon 2020 Framework Programme and private-sector funds in public-private partnerships in key areas where research and innovation can contribute to the Union’s wider competitiveness goals and help tackle societal challenges. The involvement of the Union in those partnerships may take the form of financial contributions to joint undertakings established on the basis of Article 187 of the Treaty under Decision No 1982/2006/EC	(3) Regulation (EU) No .../2013 of the European Parliament and of the Council of ... 2013 establishing Horizon 2020 - The Framework Programme for Research and Innovation (2014-2020)20 aims to achieve a greater impact on research and innovation by combining Horizon 2020 Framework Programme and private-sector funds in public-private partnerships in key areas where research and innovation can contribute to the Union’s wider competitiveness goals, leverage private investment and help tackle societal challenges. Those partnerships should be based on a long-term commitment, including a balanced contribution from all partners, be accountable for the achievement of their targets and be aligned with the Union’s strategic goals relating to research, development and innovation. The governance and functioning of those partnerships should be open, transparent, effective and efficient and give the opportunity to a wide range of stakeholders active in their specific areas to participate. The involvement of the Union in those partnerships may take the form of financial contributions to joint undertakings established on the basis of Article 187 of the Treaty under Decision No 1982/2006/EC
__________________	__________________
20 OJ … [H2020 FP]	20 OJ … [H2020 FP]
Amendment  2 Proposal for a regulation Recital 7
Text proposed by the Commission	Amendment
(7) BIC is a non-profit organisation that was created to represent the industry group that supports the Joint Technology Initiative on Bio-based Industries. Its members cover the entire bio-based value chain and consist of large industries, small and medium-sized enterprises (SMEs), regional clusters, European trade associations, and European Technology Platforms. The aim of BIC is to ensure and promote the technological and economic development of the bio-based industries in Europe. Any interested stakeholders along the bio-based value chain may apply for membership. It applies general principles of openness and transparency regarding membership, ensuring a wide industrial involvement.	(7) BIC is a non-profit organisation that was created to represent the industry group that supports the Joint Technology Initiative on Bio-based Industries. Its members cover the entire bio-based value chain and consist of large industries, small and medium-sized enterprises (SMEs), regional clusters, European trade associations, and European Technology Platforms. The aim of BIC is to ensure and promote the technological and economic development of the bio-based industries in Europe. Any interested stakeholders along the bio-based value chain may apply for membership. It applies the general principles as established in the Framework Programme of openness and transparency regarding membership, decision making, ensuring the widest possible industrial and SME involvement.
Amendment  3 Proposal for a regulation Recital 10 a (new)
Text proposed by the Commission	Amendment
	(10a) Some of the Union's largest biomass resources are found in its most sparsely populated regions. It is therefore imperative that the work of the joint undertaking and the opportunities offered also reach out to these more remote regions.
Amendment  4 Proposal for a regulation Recital 11
Text proposed by the Commission Amendment (11) The Joint Technology Initiative on Bio-based Industries should mitigate the different types of market failures that discourage private investment into pre-competitive research, demonstration and deployment activities for bio-based industries in Europe. In particular, it should ascertain the availability of reliable biomass supply taking into account other competing social and environmental demands, and support the development of advanced processing technologies, large scale demonstration activities and policy instruments, thus reducing the risk for private research and innovation investment in the development of sustainable and competitive bio-based products and biofuels. (11) The Joint Technology Initiative on Bio-based Industries should mitigate the different types of market failures that discourage private investment into pre-competitive research, demonstration and deployment activities for bio-based industries in Europe. In particular, it should ascertain the continuous availability of reliable and sustainably-produced biomass supply taking into account other competing social and environmental demands, and support the development of large and small scale advanced processing technologies, large scale demonstration activities (taking particular account of individual agricultural entities and agricultural areas) and policy instruments, thus reducing the risk for private research and innovation investment in the development of sustainable and competitive bio-based products and biofuels and enabling all stakeholders including those from rural areas to profit from such an initiative.
Justification
Access to knowledge, research outcomes and the latest technologies is of great importance, and farmers should now be able to benefit from this in order to reap the greatest possible results from their efforts. Therefore, the Joint Technology Initiative should ensure that the outcomes of its research and activities in the area of new technologies also reach the smallest entities at all stages of the value chain, which in this case would include farmers.
Amendment  5 Proposal for a regulation Recital 12
Text proposed by the Commission	Amendment
(12) The Joint Technology Initiative on Bio-based Industries should be a public-private partnership aiming at increasing investment in the development of a sustainable bio-based industry sector in Europe. It should provide environmental and socio-economic benefits for European citizens, increase the competitiveness of Europe and contribute to establishing Europe as a key player in research, demonstration and deployment of advanced bio-based products and biofuels.	(12) The Joint Technology Initiative on Bio-based Industries should be a public-private partnership aiming at increasing and spreading investment in the development of a sustainable bio-based industry sector in Europe, since bio‑industry can make a significant contribution to achieving the objective of smart, sustainable and inclusive growth by 2020. It should provide environmental and socio-economic benefits for European citizens, increase the competitiveness of Europe and contribute to establishing Europe as a key player in research, demonstration and deployment of advanced bio-based products and biofuels.
Amendment  6 Proposal for a regulation Recital 13
Text proposed by the Commission	Amendment
(13) The objective of the Joint Technology Initiative on Bio-based Industries is to implement a programme of research and innovation activities in Europe that will assess the availability of renewable biological resources that can be used for the production of bio-based materials and on that basis support the establishment of sustainable bio-based value chains. These activities should be carried out through collaboration between stakeholders along the entire bio-based value chains, including primary production and processing industries, consumer brands, SMEs, research and technology centres and universities.	(13) The objective of the Joint Technology Initiative on Bio-based Industries is to implement a programme of research and innovation activities in Europe, bio-industries represent a cornerstone of bio-economy in terms of stimulating economic growth and creating jobs, that will assess the availability of renewable biological resources that can be used for the production of bio-based materials and on that basis support the establishment of sustainable bio-based value chains. These activities should be carried out through open and transparent collaboration between stakeholders along the entire bio-based value chains, including primary production and processing industries, consumer brands, SMEs, research and technology centres and universities.
Amendment  7 Proposal for a regulation Recital 16
Text proposed by the Commission Amendment (16) To achieve maximum impact, the Bio-Based Industries Joint Undertaking should develop close synergies with other Union programmes in areas such as education, environment, competitiveness and SMEs, and with the Cohesion Policy funds and Rural Development Policy, which can specifically help to strengthen national and regional research and innovation capabilities in the context of smart specialisation strategies. (16) To achieve maximum impact, the Bio-Based Industries Joint Undertaking should develop close synergies with other Union programmes in areas such as education, environment, competitiveness and SMEs, and with the Cohesion Policy funds and Rural Development Policy, which can specifically help to strengthen national and regional research and innovation capabilities in the context of smart specialisation strategies. It is vital to step up coordination, communication and complementarity with other policies and funds, as well as to find cross‑financing opportunities. It is also of vital importance that information on the joint undertaking’s activities and possibilities to support the establishment of sustainable bio-based value chains is given to relevant stakeholders.
Justification
Better coordination, communication and complementarity with other policies and cross‑financing are actions that are vital for the successful execution of projects under the Joint Technology Initiative. These will facilitate the implementation of new technological solutions, the purchase of new equipment, the improvement of infrastructure and training.
Amendment  8 Proposal for a regulation Recital 16 a (new)
Text proposed by the Commission Amendment   (16a) Joint Technology Initiatives on bio-based industries should be based on a grass‑roots approach, which is of enormous importance for making use of the potential of all regions, and, in particular, on supporting local and regional actions while remaining in constant contact with the local and regional authorities. This should increase public awareness of the importance of the bio‑economy and of the enormous benefits that it brings. It should draw on the specialised knowledge of the regions, step up cooperation between science, enterprises and public authorities within the so‑called ‘Triple Helix’, which aims to construct an open and expansive economy, to facilitate the cross‑border flow of investments and to encourage effective cooperation, the basis of which is competitive complementarity and the optimal use of research infrastructure between scientific facilities, as well as between scientific facilities and businesses.
Justification
A grass‑roots approach increases the coherence of decisions taken at local level, improves the quality of management, contributes to strengthening social capital in the regions and encourages the use of innovative solutions.
Increasing public awareness of the bio‑economy and of establishing a bio‑based society is one of the vital factors accelerating the full transition to industry based on renewable biological resources in Europe.
The regions are closest to the public and stand as an element bringing together research institutions, companies, local and regional authorities, and civil society. They therefore play a vital role in raising public awareness and should be included in the wording.
Amendment  9 Proposal for a regulation Recital 20
Text proposed by the Commission	Amendment
(20) In order to achieve its objectives, the BBI Joint Undertaking should provide financial support mainly in the form of grants to participants following open and competitive calls for proposals.	(20) In order to achieve its objectives, the BBI Joint Undertaking should provide financial support mainly in the form of grants to participants following open and transparent competitive calls for proposals.
Amendment  10 Proposal for a regulation Recital 21 a (new)
Text proposed by the Commission	Amendment
	(21a) To ensure that smaller players and financiers also benefit in a similar way, all contributions and the selection of projects shall be fully transparent and open.
Amendment  11 Proposal for a regulation Article 2 – point b
Text proposed by the Commission Amendment (b) to contribute to the objectives of the Biobased Industries Joint Technology Initiative for a more resource efficient and sustainable low-carbon economy and increasing economic growth and employment, in particularly in rural areas, by developing sustainable and competitive bio-based industries in Europe based on advanced biorefineries that source their biomass sustainably; and in particular to: (b) to contribute to the objectives of the Biobased Industries Joint Technology Initiative for a more resource efficient and sustainable low-carbon economy and accelerating economic growth and increasing employment, in particularly in rural areas and areas with large biomass resources and potential for developing bio-based products, by developing sustainable and competitive bio-based industries in Europe based on advanced biorefineries that source their biomass sustainably; and in particular to:
Amendment  12 Proposal for a regulation Article 2 – point c
Text proposed by the Commission Amendment (c) demonstrate technologies that enable new chemical building blocks, new materials, and new consumer products from European biomass and which replace the need for fossil based inputs; (c) to demonstrate and promote large and small scale technology solutions that enable new chemical building blocks, new materials, and new consumer products from European biomass sustainably-produced and which replace the need for fossil based inputs; support, furthermore, innovation and the pursuit of new sources of growth that make it possible to take full advantage of intellectual capital;
Justification
Better and more effective promotion of innovative technologies will accelerate their use at all levels of the bio‑materials value chain.
Making full use of intellectual capital (human resources in companies, experts and scientists) will accelerate the development of the Bio-Based Industries Joint Undertaking and of all measures aimed at promoting a flourishing bio‑economy, and, in so doing, will strengthen Europe’s global competitiveness.
Amendment  13 Proposal for a regulation Article 2 – point d
Text proposed by the Commission Amendment (d) develop business models that integrate economic actors along the whole value chain from supply of biomass to biorefinery plants to consumers of bio-based materials, chemicals and fuels, including through creating new cross-sector interconnections and supporting cross-industry clusters; and (d) to develop business models that integrate economic actors along the whole value chain from supply of biomass to biorefinery plants to consumers of bio-based materials, chemicals and fuels, including through creating new cross-sector interconnections, supporting cross-industry clusters as well as the development of interregional and transnational cooperation; and
Amendment  14 Proposal for a regulation Article 2 – paragraph 1 – point b – subpoint e
Text proposed by the Commission	Amendment
(e) set up flagship biorefinery plants that deploy the technologies and business models for bio-based materials, chemicals and fuels and demonstrate cost and performance improvements to levels that are competitive with fossil based alternatives.	(e) to set up flagship biorefinery plants that deploy the technologies and business models for bio-based materials, chemicals and fuels which are sustainable and demonstrate cost and performance improvements to levels that are competitive with fossil based alternatives.
Amendment  15 Proposal for a regulation Article 2 – point e a (new)
Text proposed by the Commission Amendment   ea) to ensure that the outcomes of research into innovative bio‑economy technologies are passed on to all entities, including individual farmers, in order that everyone may make the greatest possible use of them.
Justification
Current structural conditions in agriculture and related sectors and the excessively low amount of own resources mean that entities do not always have information on how to access innovative technologies. Other problems also arise with regard to the rapid application of scientific knowledge.
Amendment  16 Proposal for a regulation Annex - paragraph 1 - point h
Text proposed by the Commission Amendment (h) information, communication, exploitation and dissemination activities by applying mutatis mutandis the provisions of Article 22 of Regulation (EU- No…/2013 [the Horizon 2020 Framework Programme]; (h) information, communication, promotion, exploitation and dissemination activities by applying mutatis mutandis the provisions of Article 22 of Regulation (EU- No…/2013 [the Horizon 2020 Framework Programme];
Justification
Better and more effective promotion of innovative technologies will accelerate their use at all levels of the bio‑materials value chain.
Amendment  17 Proposal for a regulation Annex I – part 11 – point 4 – point a
Text proposed by the Commission	Amendment
(a) the status of relevant national or regional research and innovation programmes and identification of potential areas of cooperation, including deployment of relevant technologies;	(a) the status of relevant national or regional research and innovation programmes and identification of potential areas of cooperation, including deployment of relevant technologies to allow synergies and avoid overlaps.

RESULT OF FINAL VOTE IN COMMITTEE

Date adopted	18.12.2013
Result of final vote	+: –: 0:	36 2 1
Members present for the final vote	François Alfonsi, Luís Paulo Alves, Charalampos Angourakis, Catherine Bearder, Victor Boştinaru, Francesco De Angelis, Tamás Deutsch, Rosa Estaràs Ferragut, Danuta Maria Hübner, María Irigoyen Pérez, Seán Kelly, Mojca Kleva Kekuš, Constanze Angela Krehl, Iosif Matula, Jens Nilsson, Lambert van Nistelrooij, Jan Olbrycht, Younous Omarjee, Markus Pieper, Ovidiu Ioan Silaghi, Georgios Stavrakakis, Nuno Teixeira, Oldřich Vlasák, Kerstin Westphal, Hermann Winkler, Joachim Zeller
Substitute(s) present for the final vote	Jan Březina, Catherine Grèze, Juozas Imbrasas, Karin Kadenbach, James Nicholson, Marie-Thérèse Sanchez-Schmid, Vilja Savisaar-Toomast, Elisabeth Schroedter, Richard Seeber, Czesław Adam Siekierski, Michael Theurer, Derek Vaughan
Substitute(s) under Rule 187(2) present for the final vote	Carl Schlyter

RESULT OF FINAL VOTE IN COMMITTEE

Date adopted	23.1.2014
Result of final vote	+: –: 0:	46 1 5
Members present for the final vote	Amelia Andersdotter, Bendt Bendtsen, Jan Březina, Maria Da Graça Carvalho, Giles Chichester, Jürgen Creutzmann, Pilar del Castillo Vera, Christian Ehler, Vicky Ford, Gaston Franco, Norbert Glante, Robert Goebbels, Fiona Hall, Edit Herczog, Kent Johansson, Romana Jordan, Krišjānis Kariņš, Bogdan Kazimierz Marcinkiewicz, Angelika Niebler, Jaroslav Paška, Aldo Patriciello, Vittorio Prodi, Miloslav Ransdorf, Herbert Reul, Teresa Riera Madurell, Michèle Rivasi, Jens Rohde, Salvador Sedó i Alabart, Francisco Sosa Wagner, Konrad Szymański, Patrizia Toia, Evžen Tošenovský, Claude Turmes, Vladimir Urutchev, Kathleen Van Brempt, Alejo Vidal-Quadras, Zbigniew Zaleski
Substitute(s) present for the final vote	Maria Badia i Cutchet, Yves Cochet, Věra Flasarová, Elisabetta Gardini, Françoise Grossetête, Roger Helmer, Jolanta Emilia Hibner, Ivailo Kalfin, Werner Langen, Vladko Todorov Panayotov, Silvia-Adriana Ţicău, Lambert van Nistelrooij, Hermann Winkler
Substitute(s) under Rule 187(2) present for the final vote	Jean-Paul Besset, Janusz Władysław Zemke