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Procedure : 2007/0088(CNS)
Document stages in plenary
Document selected : A6-0484/2007

Texts tabled :

A6-0484/2007

Debates :

Votes :

PV 11/12/2007 - 9.11
Explanations of votes

Texts adopted :

P6_TA(2007)0588

Texts adopted
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Tuesday, 11 December 2007 - Strasbourg
The ARTEMIS Joint Undertaking *
P6_TA(2007)0588A6-0484/2007

European Parliament legislative resolution of 11 December 2007 on the proposal for a Council regulation setting up the ARTEMIS Joint Undertaking to implement a Joint Technology Initiative in Embedded Computing Systems (COM(2007)0243 – C6-0172/2007 – 2007/0088(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0243),

–   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(1) (Financial Regulation), and in particular Article 185 thereof,

–   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(2) (IIA), and in particular Point 47 thereof,

–   having regard to Articles 171 and 172 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0172/2007),

–   having regard to Rule 51 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 Budgets (A6-0484/2007),

1.  Approves the Commission proposal as amended;

2.  Considers that the reference amount indicated in the legislative proposal must be compatible with the ceiling of heading 1a of the current multiannual financial framework 2007-2013 and with the provisions of Point 47 of the Interinstitutional Agreement (IIA) of 17 May 2006; notes that any financing beyond 2013 will be evaluated in the context of the negotiations for the next financial framework;

3.  Recalls that the opinion delivered by the Committee on Budgets does not pre-empt the outcome of the procedure laid down in Point 47 of the IIA of 17 May 2006 which applies to the setting up of the ARTEMIS Joint Undertaking;

4.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty and Article 119, second paragraph, of the Euratom Treaty;

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

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

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

Text proposed by the Commission   Amendments by Parliament
Amendment 1
Recital 11
(11)  The ambition and scope of the stated objectives of the JTI on Embedded Computing Systems, the scale of the financial and technical resources that need to be mobilised, and the need to achieve effective coordination and synergy of resources and funding, call for action to be taken by the Community. Therefore, it is necessary to set up a Joint Undertaking (hereinafter referred to as the "ARTEMIS Joint Undertaking") under Article 171 of the Treaty as a legal entity responsible for the implementation of the JTI on "Embedded Computing Systems". To ensure the appropriate management of R&D activities initiated under the Seventh Framework Programme (2007-2013), the ARTEMIS Joint Undertaking should be set up for a period ending on 31 December 2017, which may be extended.
(11)  The ambition and scope of the stated objectives of the JTI on Embedded Computing Systems, the scale of the financial and technical resources that need to be mobilised, and the need to achieve effective coordination and synergy of resources and funding, call for action to be taken by the Community. Therefore, it is necessary to set up a Joint Undertaking (hereinafter referred to as the "ARTEMIS Joint Undertaking") under Article 171 of the Treaty as a legal entity responsible for the implementation of the JTI on "Embedded Computing Systems". To ensure the appropriate management of R&D activities initiated under the Seventh Framework Programme (2007-2013), the ARTEMIS Joint Undertaking should be set up for a period ending on 31 December 2017. It should be ensured that after the last call for proposals in 2013 projects still in progress are implemented, monitored and funded until 2017.
This amendment will apply throughout the text
Amendment 2
Recital 12
(12)  The ARTEMIS Joint Undertaking should be a body set up by the Communities and discharge for the implementation of its budget should be given by the European Parliament, on the recommendation of the Council, taking however into account the specificities resulting from the nature of JTIs as public-private partnerships and in particular from the private sector contribution to the budget.
(12)  The ARTEMIS Joint Undertaking should respect the Court of Auditor's competence to examine the revenue and expenditures accounts of all bodies set up by the Communities and should recognize the specificities of the Joint Technology Initiatives as new mechanisms for implementing public-private partnerships, in order to find a more effective solution for the purpose of discharging the general budget of the European Union.
____________
1 Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the budget of the European Communities (OJ L 357, 31.12.2002, p. 72; corrigendum in OJ L 2, 7.1.2003, p. 39).
Amendment 3
Recital 21
(21)  The need to ensure stable employment conditions and equal treatment of staff, and in order to attract specialised scientific and technical staff of the highest calibre, requires the application of the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities, ("the Staff Regulation") to all staff recruited by the ARTEMIS Joint Undertaking.
(21)  The need to ensure stable employment conditions and equal treatment of staff and to attract specialised scientific and technical staff of the highest calibre, requires that the Commission be authorised to second as many officials as needed to the ARTEMIS Joint Undertaking. The remaining staff should be recruited by the ARTEMIS Joint Undertaking in accordance with host country employment regulations.
Amendment 4
Recital 25
(25)  The ARTEMIS Joint Undertaking should have, subject to prior consultation with the Commission, a distinct financial regulation based on the principles of the framework financial regulation1 which takes into account its specific operating needs arising, in particular, from the need to combine Community and national funding to support R&D Activities in an efficient and timely manner.
(25)  The financial rules applicable to the ARTEMIS Joint Undertaking should not depart from Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities1, unless its specific operating needs so require, in particular the need to combine Community and national funding to support R&D Activities in an efficient and timely manner. The prior consent of the Commission is required for the adoption of any rules which depart from Regulation (EC, Euratom) No 2343/2002. The budgetary authority should be informed of any such derogation.
____________________________
1 Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the budget of the European Communities, OJ L 357, 31.12.2002, p. 72; corrigendum in OJ L 2, 7.1.2003, p. 39
____________________________
1 OJ L 357, 31.12.2002, p. 72. Corrigendum in OJ L 2, 7.1.2003, p. 39.
Amendment 5
Article 1, paragraph 1
1.  For the implementation of the Joint Technology Initiative (JTI) on Embedded Computing Systems, a Joint Undertaking within the meaning of Article 171 of the Treaty hereinafter referred to as the "ARTEMIS Joint Undertaking" is hereby set up for a period ending on 31 December 2017. This period may be extended by a revision of this Regulation.
1.  For the implementation of the Joint Technology Initiative (JTI) on Embedded Computing Systems, a Joint undertaking within the meaning of Article 171 of the Treaty hereinafter referred to as the "ARTEMIS Joint Undertaking" is hereby set up for a period ending on 31 December 2017. It shall be ensured that after the last call for proposals in 2013 projects still in progress are implemented, monitored and funded until 2017.
Amendment 6
Article 2, point d)
(d) ensure the efficiency and durability of the JTI on Embedded Computing Systems;
deleted
Amendment 7
Article 2, point (d a) (new)
(da) promote the involvement of small and medium-sized enterprises (SMEs) in its activities;
Amendment 8
Article 4, paragraph 2, point (a)
(a) a financial contribution from ARTEMISIA of up to EUR 20 million or up to 1% of the overall costs of Projects , whichever figure is higher, but not exceeding EUR [30] million;
(a) a financial contribution from ARTEMISIA of up to EUR 20 million or up to 1% of the overall costs of Projects , whichever figure is higher, but not exceeding EUR 30 million;
Amendment 9
Article 4, paragraph 2, subparagraph 1a (new)
The sum of the contributions referred to in points (a) and (b) shall not exceed 5% of the overall budget of the ARTEMIS Joint Undertaking.
Amendment 10
Article 4, paragraph 3, point b)
(b) financial contributions from ARTEMIS Member States made in the form of annual commitments to be disbursed directly to research and development organisations participating in the R&D Projects;
(b) financial contributions from ARTEMIS Member States made in the form of annual commitments to be disbursed directly to research and development organisations participating in the R&D Projects; ARTEMIS Member States shall ensure that national funds are allocated within the shortest possible delay.
Amendment 11
Article 4, paragraph 3 a (new)
3a.  The financial contributions to the cost of Projects from public funds shall be conditional on in-kind contributions to the Projects submitted by research and development organisations to cover their share of the costs of the Projects.
Amendment 12
Article 6, paragraph 1
1.  The ARTEMIS Joint Undertaking Financial Regulation shall be based on the principles of the Framework Financial Regulation. It may depart from the Framework Financial Regulation where the specific operating needs of the ARTEMIS Joint Undertaking so require and subject to prior consultation with the Commission.
1.  The financial rules of the ARTEMIS Joint Undertaking shall not depart from Regulation (EC, Euratom) No 2343/2002, unless its specific operating needs so require and subject to the prior consent of the Commission. The budgetary authority shall be informed of any such derogation.
Amendment 13
Article 7, paragraph 5, point (c)
(c)  The evaluation and selection process shall ensure that allocation of the ARTEMIS Joint Undertaking public funding follows the principles of excellence and competition.
c)  The evaluation and selection process, which shall be carried out with the assistance of external experts, shall ensure that allocation of the ARTEMIS Joint Undertaking public funding follows the principles of excellence and competition.
Amendment 14
Article 8, paragraph 1
1.  The Staff Regulations of Officials of the European Communities, the Conditions of Employment of Other Servants of the European Communities and the rules adopted jointly by the European Community institutions for the purpose of applying these Staff Regulations and Conditions of Employment shall apply to the staff of the ARTEMIS Joint Undertaking and its Executive Director.
1.   The ARTEMIS Joint Undertaking shall recruit its staff in accordance with applicable regulations of the host country. The Commission may second to the Artemis Joint Undertaking as many officials as may be needed.
Amendment 15
Article 8, paragraph 2
2.  In respect of its staff, the ARTEMIS Joint Undertaking shall exercise the powers conferred on the appointing authority by the Staff Regulations of Officials of the European Communities and on the authority empowered to conclude contracts by the Conditions of Employment of Other Servants of the European Communities.
deleted
Amendment 16
Article 8, paragraph 3
3.  The Governing Board shall, in agreement with the Commission, adopt the necessary implementing measures, in accordance with arrangements provided for in article 110 of the Staff Regulations of Officials of the European Communities, and the Conditions of Employment of Other Servants of the European Communities.
3.  The Governing Board shall, in agreement with the Commission, adopt the necessary implementing measures regarding the secondment of officials of the European Communities.
Amendment 17
Article 9
Article 9
Privileges and Immunities
The Protocol on the Privileges and Immunities of the European Communities shall apply to the ARTEMISJoint Undertaking and its staff.
deleted
Amendment 18
Article 10, paragraph 1
1.  The contractual liability of the ARTEMIS Joint Undertaking shall be governed by law applicable to the relevant contractual provisions.
1.  The contractual liability of the ARTEMIS Joint Undertaking shall be governed by the relevant contractual provisions and by the law applicable to the agreement or contract in question.
Amendment 19
Article 10, paragraph 3 a (new)
3a.  The ARTEMIS Joint Undertaking shall be solely responsible for meeting its obligations.
Amendment 20
Article 10, paragraph 3 b (new)
3b.  The ARTEMIS Joint Undertaking shall not be responsible for meeting the financial obligations of its Members. It shall not be liable for any ARTEMIS Member State failing to meet its obligations resulting from calls for proposals launched by the ARTEMIS Joint Undertaking.
Amendment 21
Article 10, paragraph 3 c (new)
3c.  The Members shall not be liable for any of the ARTEMIS Joint Undertaking's obligations. The financial liability of the Members shall be an internal liability towards the ARTEMIS Joint Undertaking only, limited to their commitment to contribute to the resources as set out in Article 4.
Amendment 22
Article 12, paragraph 2
2.  No later than 31 December 2010 and 31 December 2015, the Commission shall conduct interim evaluations of the ARTEMIS Joint Undertaking with the assistance of independent experts. This evaluation shall cover the quality and efficiency of the ARTEMIS Joint Undertaking and progress towards the objectives set. The Commission shall communicate the conclusions thereof, accompanied by its observations to the European Parliament and the Council.
2.  No later than 31 December 2010, the Commission shall present to the European Parliament and the Council an interim evaluation of the ARTEMIS Joint Undertaking prepared with the assistance of independent experts. This evaluation shall cover the quality and efficiency of the ARTEMIS Joint Undertaking and progress towards the objectives set.
Amendment 23
Article 12, paragraph 3
3.  By 31 March 2018, the Commission shall conduct a final evaluation of the ARTEMIS Joint Undertaking with the assistance of independent experts. The results of the final evaluation shall be presented to the European Parliament and the Council.
deleted
Amendment 24
Article 12, paragraph 4
4.  Discharge for the implementation of the budget of the ARTEMIS Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure provided for by the Financial Regulation of the ARTEMIS Joint Undertaking.
4.  Discharge for the implementation of the budget of the ARTEMIS Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure provided for by the financial rules of the ARTEMIS Joint Undertaking, respecting the Court of Auditor's competence to examine the revenue and expenditures accounts of all bodies set up by the Communities and recognising the specificities of the Joint Technology Initiatives as new mechanisms for implementing public private partnerships, in order to find a more effective solution for the purpose of discharging the general budget of the Euoprean Union.
Amendment 25
Article 17
A host agreement shall be concluded between the ARTEMIS Joint Undertaking and the host State concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the ARTEMIS Joint Undertaking.
A host agreement shall be concluded between the ARTEMIS Joint Undertaking and the host State concerning assistance with regard to office accommodation, privileges and immunities and other support to be provided by Belgium to the ARTEMIS Joint Undertaking.
Amendment 26
Annex, Article 1, paragraph 3
3.  The ARTEMIS Joint Undertaking shall be established as from the publication of these Statutes in the Official Journal of the European Communities for a period ending on 31 December 2017.
3.  The ARTEMIS Joint Undertaking shall be established as from the publication of these Statutes in the Official Journal of the European Union for a period ending on 31 December 2017. It shall be ensured that after the last call for proposals in 2013 projects still in progress are implemented, monitored and funded until 2017.
Amendment 28
Annex, Article 1, paragraph 4
4.  This period may be extended by amending these Statutes in accordance with the provisions of Article 23, taking into account the progress made towards achieving the objectives of the ARTEMIS Joint Undertaking and provided that financial sustainability is ensured.
deleted
Amendment 27
Annex, Article 1, paragraph 5 a (new)
5a.  The ARTEMIS Joint Undertaking is a body as referred to in Article 185 of the Financial Regulation and Point 47 of the IIA of 17 May 2006.
Amendment 29
Annex, Article 2, paragraph 1, point (d)
(d) ensure the efficiency and durability of the JTI on Embedded Computing Systems;
deleted
Amendment 30
Annex, Article 2, paragraph 2, point (d a) (new)
(da) to promote the involvement of SMEs in its activities;
Amendment 31
Annex, Article 2, paragraph 2, point (h)
(h) to publish information on the Projects, including the name of the participants and the amount of the financial contribution of the ARTEMIS Joint Undertaking;
(h) to publish information on the Projects, including the name of the participants and the amount per participant of the financial contribution of the ARTEMIS Joint Undertaking;
Amendment 32
Annex, Article 4, paragraph 4
4.  Decisions of the Governing Board on accession of any other legal entity or recommendations of the Governing Board on the accession of Third Countries shall be made taking into account the relevance and potential added value of the applicant for the achievement of the objectives of the ARTEMIS Joint Undertaking.
4.  Decisions of the Governing Board on the accession of any other legal entity or recommendations of the Governing Board on the accession of Third Countries shall be made taking into account the relevance and potential added value of the applicant for the achievement of the objectives of the ARTEMIS Joint Undertaking. In the event of an application for membership, the Governing Board shall provide timely information to the Commission on the assessment made of the applicant and, where applicable, on the recommendation or decision of the Governing Board. The Commission shall transmit this information to the Council.
Amendment 33
Annex, Article 4, paragraph 5
5.  Any Member may withdraw from the ARTEMIS Joint Undertaking. Withdrawal shall become effective and irrevocable six months after notification to the other Members following which the former Member shall be discharged from any obligations other than those already existing previous to its withdrawal.
5.  Any Member may withdraw from the ARTEMIS Joint Undertaking. Withdrawal shall become effective and irrevocable six months after notification to the other Members following which the former Member shall be discharged from any obligations other than those already undertaken through a decision of the ARTEMIS Joint Undertaking in accordance with these Statutes prior to the Member's withdrawal. The obligation to give six months' notice shall not apply when a Member's withdrawal is based upon and a direct consequence of amendment of these Statutes.
Amendment 34
Annex, Article 6, paragraph 2, point (c)
(c) approve the Financial Regulation of the ARTEMIS Joint Undertaking according to Article 13 of these Statutes;
(c) approve the financial rules of the ARTEMIS Joint Undertaking according to Article 13 of these Statutes, after consulting the Commission;
Amendment 35
Annex, Article 7, paragraph 2, point (e)
(e) approve the launch of calls for proposals;
(e) approve the content, the objectives and the launch of calls for proposals;
Amendment 36
Annex, Article 7, paragraph 3, point (b)
(b)  The Public Authorities Board shall elect its Chairperson.
(b)  The Public Authorities Board shall elect its Chairperson every two years. The same Chairperson may be re-elected no more than twice.
Amendment 37
Annex, Article 9, paragraph 2
2.  The Executive Director shall be appointed by the Governing Board from a list of candidates proposed by the Commission, for a period of up to three years. After an evaluation of the Executive Director's performance, the Board may extend the term of office once for a further period of not more than four years.
2.  The Executive Director shall be appointed by the Governing Board on the basis of a list of candidates proposed by the Commission following a call for expression of interest published in the Official Journal of the European Union and in the press or on the internet, for a period of up to three years. After an evaluation of the Executive Director's performance, the Board may extend the term of office once for a further period of not more than three years.
Amendment 38
Annex, Article 10, paragraph 2, point (b)
(b) a Community contribution to fund the R&D Activities;
(b) a Community contribution to fund the Projects;
Amendment 39
Annex, Article 10, paragraph 4, point (a)
(a)  ARTEMISIA shall make a contribution of up to EUR 20 million or up to 1% of the overall costs of Projects, whichever figure is higher, but not exceeding EUR 30 million;
(a)  ARTEMISIA shall make a contribution of up to EUR 20 million or up to 1% of the overall costs of Projects, whichever figure is higher, but not exceeding EUR 30 million. The overall costs of Projects shall mean the sum of the total costs (as defined in footnote 32) of all Projects;
Amendment 40
Annex, Article 10, paragraph 4, point (d a) (new)
(da) the sum of the contributions referred to in points (a) and (b) shall not exceed 5% of the overall budget of the ARTEMIS Joint Undertaking.
Amendment 41
Annex, Article 10, paragraph 5, point (c)
(c) in-kind contributions by research and development organisations participating in Projects which shall bear their share of the necessary cost of carrying out the Projects. Their overall contribution over the duration of the ARTEMIS Joint Undertaking shall be equal to or greater than the contribution of public authorities.
(c) in-kind contributions by research and development organisations participating in Projects, which shall be subject to an evaluation of their value and relevance to the carrying-out of the activities of the ARTEMIS Joint Undertaking and to acceptance by the Governing Board. The procedure for evaluating in-kind contributions shall be adopted by the Governing Board. It shall be based on the following principles:
– the overall approach will be based on the modus operandi of the Seventh Framework Programme, whereunder in-kind contributions to projects are assessed at review level;
– the implementing rules of the ARTEMIS Joint Undertaking's financial rules will be used as guide;
– additional items will be covered by International Accounting Standards;
– evaluation of contributions will take place in accordance with the values generally accepted on the market in question (Article 172(2)(b) of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the financial Regulation applicable to the general budget of the European Communities*).
Verification shall be carried out by an independent auditor.
__________________
* OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Commission Regulation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13).
Amendment 42
Annex, Article 10, paragraph 7
7.  Should any Member of the ARTEMIS Joint Undertaking be in default of its commitments concerning its agreed financial contribution to the ARTEMIS Joint Undertaking, the Executive Director shall convene a meeting of the Governing Board to decide whether the remaining Members should revoke the defaulting Member's membership or if any other measures should be taken until its obligations have been met.
7.  Should any Member of the ARTEMIS Joint Undertaking be in default of its commitments concerning its agreed financial contribution to the ARTEMIS Joint Undertaking, the Executive Director shall notify such Member in writing thereof and shall set a reasonable period in which such default may be remedied. If the default has not been remedied within such period, the Executive Director shall convene a meeting of the Governing Board to decide whether the defaulting Member's membership should be revoked or if any other measures should be taken until its obligations have been met.
Amendment 43
Annex, Article 13, title and paragraphs (1) to (3)
Financial Regulation
Financial rules
1.  The Financial Regulation of the ARTEMIS Joint Undertaking shall be adopted by the Governing Board.
1.  The financial rules of the ARTEMIS Joint Undertaking shall be adopted by the Governing Board after consulting the Commission.
2.  The purpose of the Financial Regulation is to ensure the sound financial management of the ARTEMIS Joint Undertaking.
2.  The purpose of the financial rules is to ensure the sound financial management of the ARTEMIS Joint Undertaking.
3.  The Financial Regulation shall be based on the principles of the Framework Financial Regulation and shall include provisions for the planning and implementation of the budget of the ARTEMIS Joint Undertaking. The Financial Regulation may depart from the Framework Financial Regulation where the specific operating needs of the ARTEMIS Joint Undertaking so require and subject to prior consultation with the Commission.
3.  The ARTEMIS Joint Undertaking's financial rules shall not depart from Regulation (EC, Euratom) No 2343/2002, unless its specific operating needs so require. The prior consent of the Commission shall be required for the adoption of any rules which depart from Regulation (EC, Euratom) No 2343/2002. The budgetary authority shall be informed of any such derogation.
Amendment 44
Annex, Article 13, paragraph 4
4.  Discharge for the implementation of the budget of the ARTEMIS Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure that shall be provided for by the Financial Regulation of the ARTEMIS Joint Undertaking.
4.  Discharge for the implementation of the budget of the ARTEMIS Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure provided for by the financial rules of the ARTEMIS Joint Undertaking, respecting the Court of Auditor's competence to examine the revenue and expenditure accounts of all bodies set up by the Communities and recognizing the specificities of the Joint Technology Initiatives as new mechanisms for implementing public private partnerships, in order to find a more effective solution for the purpose of discharging the general budget of the European Union.
Amendment 45
Annex, Article 14, paragraph 1
1.  The Multiannual Strategic Plan shall specify the strategy and plans for achieving the objectives of the ARTEMIS Joint Undertaking, including the Research Agenda.
1.  The Multiannual Strategic Plan shall specify the strategy and plans for achieving the objectives of the ARTEMIS Joint Undertaking, including the Research Agenda. Once approved by the Governing Board, the Multiannual Strategic Plan shall be made public.
Amendment 46
Annex, Article 14, paragraph 2
2.  The Annual Work Programme shall describe the scope and budget of calls for proposals needed to implement the Research Agenda for a particular year.
2.  The Annual Work Programme shall describe the scope and budget of calls for proposals needed to implement the Research Agenda for a particular year. Once approved by the Governing Board, the Annual Work Programme shall be made public.
Amendment 47
Annex, Article 14, paragraph 3
3.  The Annual Implementation Plan shall specify the plan for the execution of all the activities of the ARTEMIS Joint Undertaking for a particular year, including planned calls for proposals and actions needing to be implemented through Calls for tenders. The Annual Implementation Plan shall be presented by the Executive Director to the Governing Board together with the Annual Budget Plan.
3.  The Annual Implementation Plan shall specify the plan for the execution of all the activities of the ARTEMIS Joint Undertaking for a particular year, including planned calls for proposals and actions needing to be implemented through Calls for tenders. The Annual Implementation Plan shall be presented by the Executive Director to the Governing Board together with the Annual Budget Plan. Once approved by the Governing Board, the Annual Implementation Plan shall be made public.
Amendment 48
Annex, Article 14, paragraph 5, subparagraph 2
The Annual Activity Report shall be presented by the Executive Director together with the Annual Accounts and balance sheets.
The Annual Activity Report shall be presented by the Executive Director together with the Annual Accounts and balance sheets. This Annual Activity Report shall include the participation of SMEs in the R&D activities of the ARTEMIS Joint Undertaking.
Amendment 49
Annex, Article 14, paragraph 6
6.  Annual Accounts and balance sheets: within two months of the closure of each financial year, the Annual Accounts and balance sheets for the preceding year shall be submitted by the Executive Director to the Governing Board for approval. The Annual Accounts and balance sheets for the preceding year shall be submitted to the European Court of Auditors.
6.  Annual Accounts and balance sheets: within two months of the closure of each financial year, the Annual Accounts and balance sheets for the preceding year shall be submitted by the Executive Director to the Governing Board for approval. The Annual Accounts and balance sheets for the preceding year shall be submitted to the European Court of Auditors and to the budgetary authority.
Amendment 50
Annex, Article 15, paragraph 2
2.  The ARTEMIS Joint Undertaking shall conclude grant agreements with Project participants for the implementation of the Projects. These grant agreements shall refer to and, where appropriate, rely on corresponding national grant agreements as referred to in Article 16(5)(b).
2.  The ARTEMIS Joint Undertaking shall conclude grant agreements with Project participants for the implementation of the Projects. The terms and conditions of these grant agreements shall be in accordance with the financial rules of the ARTEMIS Joint Undertaking and shall refer to and, where appropriate, rely on corresponding national grant agreements as referred to in Article 16(5)(b).
Amendment 51
Annex, Article 16, paragraph 4, point (a)
(a)  Calls for proposals launched by the ARTEMIS Joint Undertaking shall be open to participants established in ARTEMIS Member States and in any other Member State of the European Union or Associated Country.
a)  Calls for proposals launched by the ARTEMIS Joint Undertaking shall be open to participants established in ARTEMIS Member States and in any other Member State of the European Union or Associated Country. Calls for proposals shall be made public to the greatest extent possible through periodicals, on the internet, etc.
Amendment 52
Annex, Article 18, paragraph 1
1.  The staff resources shall be determined in an establishment plan to be set out in the Annual Budget Plan.
1.  The staff resources shall be determined in an establishment plan to be set out in the Annual Budget Plan and to be forwarded by the Commission to the European Parliament and the Council together with the preliminary draft budget of the European Union.
Amendment 53
Annex, Article 18, paragraph 2
2.  The members of the staff of the ARTEMIS Joint Undertaking shall be temporary agents and contract agents and shall have fixed-term contracts extendable once up to a maximum total period of seven years.
deleted
Amendment 54
Annex, Article 19, paragraph 6
6.  The Members are not liable for any of the ARTEMIS Joint Undertaking's financial obligations. The financial liability of the Members is an internal liability towards the ARTEMIS Joint Undertaking only, and is limited to their commitment to contribute to the resources as set out in Article 10(2).
6.  The Members are not liable for any of the ARTEMIS Joint Undertaking's obligations. The financial liability of the Members is an internal liability towards the ARTEMIS Joint Undertaking only, and is limited to their commitment to contribute to the resources as set out in Article 10(2).
Amendment 55
Annex, Article 19, paragraph 7
7.  The financial liability of the ARTEMIS Joint Undertaking for its debts is limited to the contributions that the Members have made to the running costs as set out in Article 10 (2).
7.   With the exception of the financial contributions due to Project participants pursuant to Article 16(5)(a), the financial liability of the ARTEMIS Joint Undertaking for its debts is limited to the contributions that the Members have made to the running costs as set out in Article 10(2).
Amendment 56
Annex, Article 22, paragraph 5
5.  When any physical asset has been dealt with as provided for in paragraph 4, any further assets shall be used to cover the liabilities of the ARTEMIS Joint Undertaking and the costs relating to its winding-up. Any surplus or deficit shall be distributed among or met by the Members existing at the time of the winding-up in proportion to their actual contribution to the ARTEMIS Joint Undertaking.
5.  When any physical asset has been dealt with as provided for in paragraph 4, any further assets shall be used to cover the liabilities of the ARTEMIS Joint Undertaking and the costs relating to its winding-up. Any surplus shall be distributed among the Members existing at the time of the winding-up in proportion to their actual contribution to the ARTEMIS Joint Undertaking.
Amendment 57
Annex, Article 23, paragraph 3
3.  Proposals for amendments to the Statutes shall be approved by the Governing Board according to the provisions of Article 6 and submitted to the Commission for decision.
3.  Proposals for amendments to the Statutes shall be approved by the Governing Board according to the provisions of Article 6 and submitted to the Commission for decision after consulting the European Parliament.
Amendment 58
Annex, Article 23, paragraph 4
4.  Notwithstanding paragraph 3, any amendment proposed to Article 1(3), Article 4 (3), Article 10(4)(b) Article 10(5)(a) shall be considered as an essential aspect and therefore subject to a revision of this Regulation.
4.  Notwithstanding paragraph 3, any amendment proposed to Article 1(3), Article 4(3), Article 6(1), Article 7(1), Article 9(2), Article 10(4)(b), Article 10(5)(a) , ) and Article 19 shall be considered as an essential aspect and therefore subject to a revision of this Regulation.
Amendment 60
Annex, Article 24, paragraph 2, point (i)
(i)  "Access Right" shall mean non-exclusive licences and user rights to Foreground or Background, which rights shall not include the right to sublicense unless otherwise agreed upon in the Project Agreement;
(i)  "Access Right" shall mean non-exclusive licences and user rights to Foreground or Background to be granted under Project Agreements, which rights shall not include the right to sublicense unless otherwise agreed upon in the Project Agreement;
Amendment 61
Annex, Article 24, paragraph 2, point (j)
(j)  "Needed" shall mean "technically essential" for the implementation of the Project and/or in respect of use of Foreground and, where Intellectual Property Rights are concerned, shall mean that those Intellectual Property Rights would be infringed if the Access Rights were not granted;
(j)  "Needed" shall mean "technically essential" for the implementation of the Project and/or in respect of Use of Foreground and, where Intellectual Property Rights are concerned, shall mean that those Intellectual Property Rights would be infringed if the Access Rights were not granted;
Amendment 62
Annex, Article 24, paragraph 3, point 3.2.1.
3.2.1.  Project participants in the same Project shall conclude among themselves a Project Agreement that shall govern, inter alia, the Access Rights to be granted in accordance with this Article. Project participants may define the Background needed for the purposes of the Project and, where appropriate, may agree to exclude specific Background.
3.2.1.  Project participants in the same Project shall conclude among themselves a Project Agreement that shall govern, inter alia, the Access Rights to be granted in accordance with this Article. Project participants may decide to grant broader Access Rights than required by this Article. Project participants may define the Background needed for the purposes of the Project and, where appropriate, may agree to exclude specific Background.
Amendment 63
Annex, Article 24, paragraph 3, point 3.2.4.
3.2.4.  Participants in the same Project shall enjoy Access Rights to Background if this is needed for the Use of their own Foreground of that Project, provided that the owner of the Background is entitled to grant them. Such Access Rights shall be granted on a non-exclusive basis on fair, reasonable and non-discriminatory conditions.
3.2.4.  Participants in the same Project shall enjoy Access Rights to Background if this is needed for the Use of their own Foreground of that Project, provided that the owner of the Background is entitled to grant them. Such Access Rights shall be granted on a non-exclusive, non-transferable basis on fair, reasonable and non-discriminatory conditions.
Amendment 65
Annex, Article 24, paragraph 3, point 3.4.1
3.4.1.  Where a participant transfers ownership of Foreground, it shall pass on its obligations regarding such Foreground to the transferee including the obligation to pass those obligations on to any subsequent transferee. These obligations shall include those relating to the granting of Access Rights, and dissemination and use.
3.4.1.  Where a participant transfers ownership of Foreground, it shall pass on its obligations regarding such Foreground to the transferee, in particular those relating to the granting of Access Rights and their dissemination and use. Upon any such transfer, the participant concerned shall notify the other participants in the same Project of the name and contact details of the transferee.
Amendment 66
Annex, article 24, paragraph 3, point 3.4.2
3.4.2.  Subject to its obligations concerning confidentiality, where a Project participant is required to pass on its obligations to provide access rights, it shall give at least 45 days prior notice to the other participants of the envisaged transfer , together with sufficient information concerning the envisaged new owner of the Foreground to permit the other participants to exercise their access rights. Following notification, any other participant may object within 30 days or within a different time-limit agreed in writing, to any envisaged transfer of ownership on the grounds that it would adversely affect its access rights. Where any of the other participants demonstrate that their access rights would be adversely affected, the intended transfer shall not take place until agreement has been reached between participants concerned.
deleted

(1) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).
(2) OJ C 139, 14.6.2006, p. 1.

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