(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0356),

–   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 (C6-0275/2007),

–   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 (A6-0486/2007),

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 ENIAC Joint Undertaking;

4.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC 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 8 (8)  The JTI on Nanoelectronics should create a sustainable public-private partnership and increase and leverage private and public investment in the sector of nanoelectronics in Europe, which for the purpose of this Regulation includes the Members States and Countries associated with the Seventh Framework Programme. The JTI on Nanoelectronics should also achieve effective coordination and synergy of resources and funding from the Framework Programme, industry, national R&D programmes and intergovernmental R&D schemes, thus contributing to strengthen Europe's future growth, competitiveness and sustainable development. Finally, its objective should be to foster collaboration between all stakeholders such as industry, national authorities, academic and research centres pulling together and focusing the research effort. (8)  The JTI on Nanoelectronics should create a sustainable public-private partnership and increase and leverage private and public investment in the sector of nanoelectronics in Europe, which for the purpose of this Regulation includes the Members States and Countries associated with the Seventh Framework Programme. The JTI on Nanoelectronics should also achieve effective coordination and synergy of resources and funding from the Framework Programme, industry, national R&D programmes and intergovernmental R&D schemes, thus contributing to strengthen Europe's future growth, competitiveness and sustainable development. Finally, its objective should be to foster collaboration between all stakeholders such as industry, including small and medium-sized enterprises (SMEs), national authorities, academic and research centres and by pulling together and focusing the research effort. Amendment 2 Recital 11 (11)  The ambition and scope of the stated objectives of the JTI on Nanoelectronics, 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 the "ENIAC Joint Undertaking") under Article 171 of the Treaty as a legal entity responsible for the implementation of the JTI on Nanoelectronics. To ensure the appropriate management of R&D activities initiated under the Seventh Framework Programme, the ENIAC 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 Nanoelectronics, 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 the "ENIAC Joint Undertaking") under Article 171 of the Treaty as a legal entity responsible for the implementation of the JTI on Nanoelectronics. To ensure the appropriate management of R&D activities initiated under the Seventh Framework Programme, the ENIAC 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. Amendment 3 Recital 12 (12)  The ENIAC 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. However, account should be taken of 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 ENIAC 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, taking into account a recommendation from the Council. Amendment 4 Recital 12 a (new) (12a)  The Community and public stakeholders should seek to recognise the opportunities presented by the Joint Technology Initiatives as new mechanisms for implementing public-private partnerships and work alongside private stakeholders to find a more efficient solution for the purpose of discharging the general budget of the European Union. Amendment 5 Recital 14 (14)  The objectives of the ENIAC Joint Undertaking should be pursued by pooling resources from the public and private sectors to support R&D activities in the form of projects. To that end, the ENIAC Joint Undertaking should be able to organise competitive calls for proposals for projects to implement parts of the Research Agenda. The R&D activities should respect fundamental ethical principles applicable in the Seventh Framework Programme. (14)  The objectives of the ENIAC Joint Undertaking should be pursued by pooling resources from the public and private sectors to support R&D and prototyping activities in the form of projects. To that end, the ENIAC Joint Undertaking should be able to organise competitive calls for proposals for projects to implement parts of the Research Agenda. The R&D activities should respect fundamental ethical principles applicable in the Seventh Framework Programme. Amendment 6 Recital 22 (22)  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 ENIAC Joint Undertaking. (22)  The need to ensure efficient operation of the ENIAC Joint Undertaking and to attract specialised scientific and technical staff of the highest calibre, requires that, in agreement with the Governing Board of the ENIAC Joint Undertaking, the Commission and the participating Member States may second as many officials as needed to the ENIAC Joint Undertaking and recruit the remaining staff needed by contract, taking into account the fact that staff costs should be kept low and the time for the setting up of the ENIAC Joint Undertaking short. Amendment 7 Recital 26 (26)  The ENIAC Joint Undertaking should adopt, subject to prior consent from the Commission, specific financial rules which take 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. They should be based on the principles laid down in 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 Communities1. (26)  The financial rules applicable to the ENIAC 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 OJ L 357, 31.12.2002, p. 72. _____________________ 1 OJ L 357, 31.12.2002, p. 72. Corrigendum in OJ L 2, 7.1.2003, p. 39. Amendment 8 Article 1, paragraph 1 1.  For the implementation of the Joint Technology Initiative (hereinafter JTI) on Nanoelectronics, a Joint Undertaking within the meaning of Article 171 of the Treaty (hereinafter the "ENIAC 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 (hereinafter JTI) on Nanoelectronics, a Joint Undertaking within the meaning of Article 171 of the Treaty (hereinafter the "ENIAC 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. The ENIAC 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 9 Article 2, point (b) (b) support the activities required for the implementation of the Research Agenda (hereinafter R&D activities), notably by awarding funding to participants in selected projects following competitive calls for proposals; (b) support the activities required for the implementation of the Research Agenda (hereinafter R&D activities), notably by awarding funding to participants in selected projects following competitive calls for proposals for R&D and prototyping activities; Amendment 10 Article 2, point (c) (c) promote a public-private partnership aiming at mobilising and pooling Community, national and private efforts, increasing overall R&D investments in the field of Nanoelectronics, and fostering collaboration between the public and private sectors; (c) promote a public-private partnership aiming at mobilising and pooling Community, national and private efforts, increasing overall R&D investments in the field of Nanoelectronics, fostering collaboration between the public and private sectors and creating synergies among stakeholders in the Nanoelectronics industry, including corporate actors, SMEs and R&D institutes; Amendment 11 Article 2, point (d) (d) ensure the efficiency and durability of the JTI on Nanoelectronics; deleted Amendment 12 Article 3, paragraph 2, point (b) (b) any non-EU, non-candidate and non-associated country (hereinafter "Third Country") pursuing R&D policies or programmes in the area of Nanoelectronics; deleted Amendment 13 Article 4, paragraph 2, point (b) (b) a financial contribution from the Community of up to EUR 10 million; (b) a financial contribution from the Community of up to EUR 10 million, payable in instalments of up to EUR 1,5 million per annum or a sum equal to50% of the contribution from AENEAS, whichever figure is lower; any part of this contribution not spent during the current year shall be made available in the following years for the R&D activities; Amendment 14 Article 4, paragraph 3, point (a) (a) a financial contribution from the Community of up to EUR 440 million to finance Projects; (a) a financial contribution from the Community of up to EUR 440 million to finance Projects, which may be increased by any unspent part of the contribution from the Community towards running costs, as provided for in paragraph 2(b); Amendment 15 Article 6, title and paragraph 1 Financial Regulation 1.  The ENIAC Joint Undertaking shall adopt specific financial rules based on the principles of the Regulation (EC, Euratom) No2343/2002. They may depart from that regulation where the specific operating needs of the ENIAC Joint Undertaking so require and subject to prior consent from the Commission. Financial rules 1.  The financial rules applicable to the ENIAC 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 16 Article 8, paragraph 2 a (new) 2a.  The Commission and the Member States may, in agreement with the Governing Board, second a number of officials to the ENIAC Joint Undertaking. Amendment 17 Article 8, paragraph 3 3.  The Governing Board shall, in agreement with the Commission, adopt the necessary implementing measures, in accordance with provisions 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 and participant Member States and the employment of additional staff. Amendment 18 Article 10, paragraph 1 a (new) 1a.  The ENIAC Joint Undertaking shall be solely responsible for meeting its obligations. Amendment 19 Article 10, paragraph 1 b (new) 1b.  The ENIAC Joint Undertaking shall not be responsible for meeting the financial obligations of its Members. It shall not be liable for any ENIAC Member State failing to meet its obligations resulting from calls for proposals launched by the ENIAC Joint Undertaking. Amendment 20 Article 10, paragraph 1 c (new) 1c.  The Members shall not be liable for any of the ENIAC Joint Undertaking's obligations. The financial liability of the Members shall be an internal liability towards the ENIAC Joint Undertaking only, limited to their commitment to contribute to the resources as set out in Article 4. Amendment 21 Article 12, paragraph 2 2.  No later than 31 December 2010 and 31 December 2015, the Commission shall conduct interim evaluations of the ENIAC Joint Undertaking with the assistance of independent experts. This evaluation shall cover the quality and efficiency of the ENIAC 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 2011 the Commission shall present an evaluation of the ENIAC Joint Undertaking prepared with the assistance of independent experts. This evaluation shall cover the quality and efficiency of the ENIAC 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. The results of the evaluation shall be taken into consideration so as to reorient, if necessary, the Research Agenda. Amendment 22 Article 12, paragraph 4 4.  Discharge for the implementation of the budget of the ENIAC Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure provided for in the financial rules of the ENIAC Joint Undertaking. 4.  Discharge for the implementation of the budget of the ENIAC Joint Undertaking shall be given by the European Parliament, taking into account a recommendation from the Council. Amendment 23 Article 16 The Commission and AENEAS shall take all necessary preparatory actions for the setting up of the ENIAC Joint Undertaking until its bodies are fully operational. The Commission and AENEAS shall take all necessary preparatory actions for the setting up of the ENIAC Joint Undertaking until its bodies are fully operational and shall ensure that the ENIAC Joint Undertaking is fully operational within three months of the entry into force of this Regulation. Amendment 24 Article 17 A host agreement shall be concluded between the ENIAC Joint Undertaking and Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the ENIAC Joint Undertaking. A host agreement shall be concluded between the ENIAC Joint Undertaking and Belgium concerning the assistance with regard to office accommodation, privileges and immunities and other support to be provided by Belgium to the ENIAC Joint Undertaking. Amendment 25 Article 18 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall expire on 31 December 2017. Amendment 26 Annex, Article 1, paragraph 3 3.  The ENIAC 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 ENIAC 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 22, taking into account the progress made towards achieving the objectives of the ENIAC Joint Undertaking and provided that financial sustainability is ensured. deleted Amendment 27 Annex, Article 1, paragraph 5 a (new) 5a.  The ENIAC 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 (c) (c) promote a public-private partnership aiming at mobilising and pooling Community, national and private efforts, increasing overall R&D investments in the field of Nanoelectronics, and fostering collaboration between the public and private sectors; (c) promote a public-private partnership aiming at mobilising and pooling Community, national and private efforts, increasing overall R&D investments in the field of Nanoelectronics, fostering collaboration between the public and private sectors and creating synergies among all the Nanoelectronics industry's stakeholders, including corporate actors, SMEs and R&D institutes; Amendment 30 Annex, Article 2, paragraph 1, point (d) (d) ensure the efficiency and durability of the JTI on Nanoelectronics; deleted Amendment 31 Annex, Article 2, paragraph 2, point (e a) (new) (ea) to ensure the participation of SMEs in order to enable at least 15% of available funding to be granted to them. Amendment 32 Annex, Article 2, paragraph 2, point (g) (g) to manage communication and dissemination of the activities of the ENIAC Joint Undertaking subject to confidentiality obligations; (g) to manage communication and dissemination of the activities of the ENIAC Joint Undertaking subject to confidentiality obligations, with special emphasis on communication and dissemination to SMEs and research centres; Amendment 33 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 ENIAC Joint Undertaking; (h) to publish information on the Projects, including the names of the participants, the amount of the financial contribution per participant of the ENIAC Joint Undertaking and information on the participation of SMEs; Amendment 34 Annex, Article 3, paragraph 2, point (b) (b) any non-EU, non-candidate and non-associated country (hereinafter "Third Country") pursuing R&D policies or programmes in the area of Nanoelectronics; deleted Amendment 35 Annex, Article 4, paragraph 3 3.  Any application for membership of the ENIAC Joint Undertaking by Third Countries shall be considered by the Governing Board, which shall make a recommendation to the Commission. The Commission may make a proposal to amend this Regulation on the accession of the Third Country, subject to the successful completion of negotiations with the ENIAC Joint Undertaking. deleted Amendment 36 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 ENIAC Joint Undertaking. 4.  Decisions of the Governing Board on the accession of any other legal entity shall be made taking into account the relevance and potential added value of the applicant for the achievement of the objectives of the ENIAC Joint Undertaking. Amendment 37 Annex, Article 4, paragraph 5 5.  Any Member may withdraw from the ENIAC 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 ENIAC 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 decisions of the ENIAC Joint Undertaking in accordance with these Statutes prior to the Member's withdrawal. Amendment 38 Annex, Article 6, paragraph 1, point (g) (g)  Decisions shall be adopted by a majority of at least 75% of votes unless otherwise explicitly stated in these Statutes. The Community shall hold a veto right on all decisions taken by this Board relating to the use of its financial contribution, the methodology for assessing the in-kind contributions, any amendments to these Statutes and the Financial Regulation of the ENIAC Joint Undertaking. (g)  Decisions shall be adopted by a majority of at least 75% of votes unless otherwise explicitly stated in these Statutes. The Community shall hold a veto right on all decisions taken by this Board relating to the use of its financial contribution, the methodology for assessing the in-kind contributions, any amendments to these Statutes and the financial rules of the ENIAC Joint Undertaking. Amendment 39 Annex, Article 6, paragraph 2, point (c) (c) approve the Financial Regulation of the ENIAC Joint Undertaking according to Article 12 of these Statutes; (c) approve the financial rules of the ENIAC Joint Undertaking according to Article 12 of these Statutes, after consulting the Commission; Amendment 40 Annex, Article 7, paragraph 1, point (f a) (new) (fa)  The Public Authorities Board may allow other Member States which are not ENIAC Member States to participate in its activities as observers. Amendment 41 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. Amendment 42 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, on the internet and in the press in all the Member States of the European Union, 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 for a further period of not more than three years, following which a call for expression of interest shall be published in the same way. Amendment 43 Annex, Article 9, paragraph 3, point (k) (k) to carry out financial audits, directly or through the national public authorities, on Project participants as necessary, in compliance with the Financial Regulation of the ENIAC Joint Undertaking; (k) to carry out financial audits, directly or through the national public authorities, on Project participants as necessary, in compliance with the financial rules of the ENIAC Joint Undertaking; Amendment 44 Annex, Article 9, paragraph 4, point (f) (f) managing invitations to tender for ENIAC Joint Undertaking goods/services requirements according to the Financial Regulation of the ENIAC Joint Undertaking. (f) managing invitations to tender for ENIAC Joint Undertaking goods/services requirements according to the financial rules of the ENIAC Joint Undertaking. Amendment 45 Annex, Article 9, paragraph 5 5.  Non-financial tasks of the Secretariat may be contracted by the ENIAC Joint Undertaking to external service providers. Such contracts shall be established in accordance with the provisions of the Financial Regulation of the ENIAC Joint Undertaking. 5.  Non-financial tasks of the Secretariat may be contracted by the ENIAC Joint Undertaking to external service providers. Such contracts shall be established in accordance with the provisions of the financial rules of the ENIAC Joint Undertaking. Amendment 46 Annex, Article 10, paragraph 5, point (c) (c) in-kind contributions by R&D 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 ENIAC Joint Undertaking shall be equal to or greater than the contribution of public authorities. (c) in-kind contributions which shall be subject to an evaluation of their value and relevance to the activities of the ENIAC Joint Undertaking and to acceptance by the Governing Board. The procedure for evaluation of contributions in kind shall be adopted by the Governing Board and be based on the following principles: – the overall approach will be based on the Seventh Framework Programme modus operandi, where contributions in kind to projects are assessed at review level; – the implementing rules of the ENIAC Joint Undertaking financial rules will be used as a guideline; – additional items will be covered by International Accounting Standards; – assessment of contributions will be carried out in accordance with the costs 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 47 Annex, Article 10, paragraph 7 7.  Should any Member of the ENIAC Joint Undertaking be in default of its commitments concerning its agreed financial contribution to the ENIAC 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 ENIAC Joint Undertaking be in default of its commitments concerning its agreed financial contribution to the ENIAC 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 48 Annex, Article 12 Financial Regulation 1.  The Financial Regulation of the ENIAC Joint Undertaking shall be adopted by the Governing Board. Financial rules 1.  The financial rules of the ENIAC Joint Undertaking shall be adopted by the Governing Board after consulting the Commission. 2.  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 ENIAC Joint Undertaking. The Financial Regulation may depart from the Framework Financial Regulation where the specific operating needs of the ENIAC Joint Undertaking so require and subject to prior consent from the Commission. 2.  The ENIAC Joint Undertaking's financial rules 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. 3.  Discharge for the implementation of the budget of the ENIAC 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 ENIAC Joint Undertaking. 3.  Discharge for the implementation of the budget of the ENIAC Joint Undertaking shall be given by the European Parliament, taking into account a recommendation from the Council. Amendment 49 Annex, Article 13, paragraph 1 1.  The Multiannual Strategic Plan shall specify the strategy and plans for achieving the objectives of the ENIAC Joint Undertaking, including the Research Agenda. 1.  The Multiannual Strategic Plan shall specify the strategy and plans for achieving the objectives of the ENIAC Joint Undertaking, including the Research Agenda. Once approved by the Governing Board, the Multiannual Strategic Plan shall be made public. Amendment 50 Annex, Article 13, 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 51 Annex, Article 13, paragraph 3 3.  The Annual Implementation Plan shall specify the plan for the execution of all the activities of the ENIAC 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 ENIAC 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 52 Annex, Article 13, 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. The Annual Activity Report shall identify the participation of SMEs in the ENIAC Joint Undertaking and in the R&D activities. Amendment 53 Annex, Article 13, paragraph 6 6.  Within two months after the end of each financial year the provisional accounts of the Joint Undertaking shall be submitted to the Commission and the Court of Auditors of the European Communities ('the Court of Auditors'). The Court of Auditors shall, by 15 June after the end of each financial year, make its observations on the provisional accounts of the Joint Undertaking. 6.  Within two months after the end of each financial year the provisional accounts of the Joint Undertaking shall be submitted to the Commission and the Court of Auditors of the European Communities ('the Court of Auditors') and to the budgetary authority. The Court of Auditors shall, by 15 June after the end of each financial year, make its observations on the provisional accounts of the Joint Undertaking. Amendment 54 Annex, Article 14, paragraph 3 3.  In order to enable the implementation of Projects and the granting of public funds, the ENIAC Joint Undertaking shall establish administrative arrangements with the national entities designated by the ENIAC Member States for that purpose, in line with the Financial Regulation of the ENIAC Joint Undertaking. 3.  In order to enable the implementation of Projects and the granting of public funds, the ENIAC Joint Undertaking shall establish administrative arrangements with the national entities designated by the ENIAC Member States for that purpose, in line with the financial rules of the ENIAC Joint Undertaking. Amendment 55 Annex, Article 15, paragraph 4, point (a) (a)  Calls for proposals launched by the ENIAC Joint Undertaking shall be open to participants established in ENIAC Member States and in any other Member State of the European Union or Associated Country. a)  Calls for proposals launched by the ENIAC Joint Undertaking shall be open to participants established in ENIAC 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, including on the internet and in the press in all Member States of the European Union. Amendment 56 Annex, Article 17, 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 57 Annex, Article 17, paragraph 2 2.  The members of the staff of the ENIAC 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. 2.  The members of the staff of the ENIAC Joint Undertaking shall be temporary agents and contract agents and shall have fixed-term contracts extendable twice up to a maximum total period of ten years. Furthermore, the Commission may, in agreement with the Government Board, second officials to the ENIAC Joint Undertaking. Amendment 58 Annex, Article 21, 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 ENIAC 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 ENIAC 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 ENIAC 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 ENIAC Joint Undertaking. Amendment 59 Annex, Article 22, 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 61 Annex, Article 23, 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 licenses 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 62 Annex, Article 23, paragraph 3, subparagraph 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 23, paragraph 3, subparagraph 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 and non-transferable basis on fair, reasonable and non-discriminatory conditions. Amendment 64 Annex, Article 23, paragraph 3, subparagraph 3.3.1 3.3.1.  Where Foreground is capable of being profitably exploited, its owner (i) shall provide for its appropriate and effective protection, having due regard to its legitimate interests, particularly commercial interests, and those of the other participants in the Project concerned and (ii) shall use it or ensure that it is used. 3.3.1.  Where Foreground is capable of being profitably exploited, its owner (i) shall provide for its appropriate and effective protection, and (ii) shall use it, or license its use either royalty-free or on fair, reasonable and non-discriminatory terms, having due regard to its legitimate interests, particularly commercial interests, and those of the other participants in the Project concerned. Amendment 65 Annex, Article 23, paragraph 3, subparagraph 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 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. In the event of such a transfer, the participant concerned shall notify in advance the other participants in the same Project of the name and contact details of the transferee. Amendment 66 Annex, Article 23, paragraph 3, subparagraph 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.