(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0315),

–   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 (C6-0226/2007),

–   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 opinions of the Committee on Budgets and the Committee on the Environment, Public Health and Food Safety (A6-0483/2007),

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 Clean Sky 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 12 (12)  The Clean Sky Joint Undertaking should be set up for an initial period ending on 31 December 2017 to ensure the appropriate management of research activities initiated but not concluded during the 7th Framework Programme (2007-2013). (12)  The Clean Sky Joint Undertaking should be set up for an initial period ending on 31 December 2017 to ensure the appropriate management of research activities initiated but not concluded during the Seventh Framework Programme (2007-2013), including the exploitation of the results of such research activities. Amendment 2 Recital 16 (16)  The Clean Sky 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. (16)  The Clean Sky 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 3 Recital 16 a (new) (16a)  The Clean Sky Joint Undertaking and public stakeholders should seek to recognise the opportunities presented by the Joint Technology Initiatives as new mechanisms for implementing public-private partnerships, and to work alongside private stakeholders to find a more efficient solution for the purpose of discharging the Community's budget. Amendment 4 Recital 19 (19)  The running costs of the Clean Sky Joint Undertaking should be covered by equal amounts by the European Community and the other members. (19)  The running costs of the Clean Sky Joint Undertaking should be covered in equal amounts by the European Community and the other members. The running costs should not exceed 3% of the total budget of the Clean Sky Joint Undertaking. Amendment 5 Recital 23 (23)  The Clean Sky Joint Undertaking should have, subject to prior concertation 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 private funding to support research and development activities in an efficient and timely manner. (23)  The financial rules applicable to the Clean Sky 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 private funding to support research and development 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 Cpmmunities (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 6 Recital 24 (24)  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 Clean Sky Joint Undertaking. (24)  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 it regards necessary to the Joint Undertaking. The remaining staff should be recruited by the Clean Sky Joint Undertaking in accordance with the host country employment regulations. Amendment 7 Recital 25 (25)  Taking into account that the Clean Sky Joint Undertaking is not designed to fulfil an economic purpose and is responsible for managing the Joint Technology Initiative on "environmentally friendly Technologies in Air Transport", it is necessary for the performance of its tasks that the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965 apply to the Clean Sky Joint Undertaking and its staff. deleted Amendment 8 Recital 27 (27)  The Clean Sky Joint Undertaking shall regularly report on its progress. (27)  The Clean Sky Joint Undertaking should report regularly to the Council and the European Parliament on its progress. Amendment 9 Recital 32 (32)  The Clean Sky Joint Undertaking should be established in Brussels, Belgium. A host agreement should be concluded between the Clean Sky Joint Undertaking and Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the Clean Sky Joint Undertaking. (32)  The Clean Sky Joint Undertaking should be established in Brussels, Belgium. A host agreement should be concluded between the Clean Sky 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 Clean Sky Joint Undertaking. Amendment 10 Article 1, paragraph 1 1.  For the implementation of the Joint Technology Initiative on "Clean Sky", a Joint Undertaking within the meaning of Article 171 of the Treaty, whose name is "Clean Sky Joint Undertaking", is hereby set up for a period up to 31 December 2017 (hereinafter referred to as "Clean Sky Joint Undertaking"). This period may be extended by a revision of this Regulation. 1.  For the implementation of the Joint Technology Initiative on "Clean Sky", a Joint Undertaking within the meaning of Article 171 of the Treaty, whose name is "Clean Sky Joint Undertaking", is hereby set up for a period up to 31 December 2017 (hereinafter referred to as "Clean Sky Joint Undertaking"). 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 Clean Sky 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 11 Article 3, bullet -1 (new) • contributing to the implementation of the Seventh Framework Programme and in particular to the Theme 'Transport' (including Aeronautics) of the Specific Programme Cooperation; Amendment 12 Article 3, bullet 2 a (new) • ensuring coherent implementation of EU research efforts aimed at environmental improvements in the field of air transport; Amendment 13 Article 3, bullet 2 b (new) • promoting the involvement of small and medium-sized enterprises (SMEs) in its activities in order to enable at least 15% of the funding available to be granted to SMEs; Amendment 14 Article 6, paragraph 2 2.  The running cost of the Clean Sky Joint Undertaking shall be shared equally in cash between on the one hand the European Community, which will contribute with 50% of total cost, and on the other hand the rest of the Members, that will contribute to the remaining 50%. 2.  The running cost of the Clean Sky Joint Undertaking shall be shared equally in cash between on the one hand the European Community, which will contribute with 50% of total cost, and on the other hand the rest of the Members, that will contribute to the remaining 50%. The running costs shall not exceed 3% of the total budget of the Clean Sky Joint Undertaking. Amendment 15 Article 6, paragraph 5 5.  ITD Leaders and Associates shall contribute resources at least equal to the Community contribution excluding those allocated through Calls for Proposals in order to carry out the research activities of Clean Sky. 5.  ITD Leaders and Associates shall contribute resources evaluated in accordance with the practices established under the Seventh Framework Programme at least equal to the Community contribution excluding those allocated through Calls for Proposals in order to carry out the research activities of Clean Sky. Amendment 16 Article 7, paragraph 2 a (new) The evaluation and selection process, which shall be carried out with the assistance of external experts, shall ensure that the allocation of the Clean Sky Joint Undertaking public funding follows the principles of excellence and competition. Amendment 17 Article 8, title and paragraph 1 Financial Regulation Financial rules 1.  The Clean Sky Joint Undertaking shall adopt a distinct Financial Regulation based on the principles of the Framework Financial Regulation. It may depart from the Framework Financial Regulation where the specific operating needs of the Clean Sky Joint Undertaking so require and subject to prior consent of the Commission. 1.  The financial rules applicable to the Clean Sky 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 18 Article 9, 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 Clean Sky Joint undertaking and its Director. 1.  The Clean Sky Joint Undertaking shall recruit its staff in accordance with the employment rules in force in its host country. The Commission may second to the Clean Sky Joint Undertaking as many officials as it regards necessary. Amendment 19 Article 9, paragraph 2 2.  In respect of its staff, the Clean Sky 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 20 Article 9, paragraph 3 3.  The Clean Sky Joint Undertaking 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, the Conditions of Employment of Other Servants of the European Communities. 3.  The Clean Sky Joint Undertaking shall, in agreement with the Commission, adopt the necessary implementing measures concerning the secondment of officials of the European Communities. Amendment 21 Article 10 Article 10 Privileges and Immunities deleted The Protocol on the Privileges and Immunities of the European Communities shall apply to the Clean Sky Joint Undertaking and its staff. Amendment 22 Article 11, paragraph 3 a (new) 3a.  The Clean Sky Joint Undertaking shall be solely responsible for meeting its obligations. Amendment 23 Article 13, paragraph 3 3.  By 3 years after the start of the Joint Undertaking, but in any case no later than 31 December 2010, the Commission shall carry out an evaluation on the basis of terms of reference to be agreed with the Executive Board. On the basis of the progress made towards achieving the objectives of the Clean Sky Joint Undertaking, the aim of this evaluation is to determine whether the duration of the Clean Sky Joint Undertaking should be extended beyond the period specified in Article 1, paragraph 1, and appropriate changes to this Regulation and the Statutes of Clean Sky Joint Undertaking to be adopted. 3.  No later than 31 December 2010 and 31 December 2015, the Commission shall conduct interim evaluations of the Clean Sky Joint Undertaking with the assistance of independent experts. These evaluations shall cover the quality and efficiency of the Clean Sky Joint Undertaking and its progress towards the objectives set. The Commission shall communicate the conclusions of the evaluations, accompanied by its observations and, where appropriate, proposals for the amendment of this Regulation to the European Parliament and to the Council. Amendment 24 Article 13, paragraph 4 4.  At the end of 2017, the Commission shall conduct a final evaluation of the Clean Sky Joint Undertaking with the assistance of independent experts. The results of the final evaluation shall be presented to the European Parliament and to the Council. 4.  At the end of the Clean Sky Joint Undertaking, the Commission shall conduct a final evaluation of the Clean Sky Joint Undertaking with the assistance of independent experts. The results of the final evaluation shall be presented to the European Parliament and to the Council. Amendment 25 Article 13, paragraph 5 5.  Discharge for the implementation of the budget of the Clean Sky Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure provided for by the Financial Regulations of the Clean Sky Joint Undertaking. 5.  Discharge for the implementation of the budget of the Clean Sky Joint Undertaking shall be given by the European Parliament, taking into account a recommendation from the Council. Amendment 26 Article 17 The Clean Sky Joint Undertaking shall adopt rules governing the dissemination of research results which ensure that, where appropriate, intellectual property generated in Research Activities under this Regulation is protected, and that research results are used and disseminated. The Clean Sky Joint Undertaking shall adopt rules governing the dissemination of research results based on the rules of the Seventh Framework Programme which ensure that, where appropriate, intellectual property generated in Research Activities under this Regulation is protected, and that research results are used and disseminated. Amendment 27 Article 19 A host agreement shall be concluded between the Clean Sky Joint Undertaking and Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the Clean Sky Joint Undertaking. A host agreement shall be concluded between the Clean Sky 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 Clean Sky Joint Undertaking. Amendment 28 Article 20 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. 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 29 Annex, Article 1, paragraph 3, subparagraph 1 3.  Duration: The Clean Sky Joint Undertaking shall be established as from the publication of these Statutes in the Official Journal of the European Union for an initial period up to 31 December 2017. 3.  Duration: The Clean Sky Joint Undertaking shall be established as from the publication of these Statutes in the Official Journal of the European Union for a period up to 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 30 Annex, Article 1, paragraph 3, subparagraph 1 a (new) The Clean Sky 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 31 Annex, Article 1, paragraph 3, subparagraph 2 The initial 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 Clean Sky Joint Undertaking and provided that financial sustainability is ensured. deleted Amendment 32 Annex, Article 2, paragraph 3, subparagraph 1 a (new) Decisions of the Executive Board on new applications for membership shall be made taking into account the relevance and potential added value of the applicant for the achievement of the objectives of the Clean Sky Joint Undertaking. For any new application for membership, the Commission shall provide timely information to the Council on the assessment and, where applicable, on the decision of the Executive Board. Amendment 33 Annex, Article 2, paragraph 4, subparagraph 1 a (new) Any Member may withdraw from the Clean Sky 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 Clean Sky Joint Undertaking in accordance with these Statutes, prior to the Member's withdrawal. Amendment 34 Annex, Article 3, paragraph 1, bullet 8 a (new) • Stimulating the involvement of SMEs in its activities, in line with the 15% target laid down in the Seventh Framework Programme; Amendment 35 Annex, Article 3, paragraph 1, bullet 9 • Implementing the research and development activities needed, where appropriate by awarding grants following Calls for Proposal. • Implementing the research and development activities needed, by awarding grants following Calls for Proposals. Amendment 36 Annex, Article 3, paragraph 2, bullet 7 a (new) · Promoting the involvement of SMEs in its activities; Amendment 37 Annex, Article 3, paragraph 2, bullet 7 b (new) · Publishing information on the Projects, including the names of the participants and the amount of the financial contribution of the Clean Sky Joint Undertaking per participant. Amendment 38 Annex, Article 4, paragraph 3 3.  An Advisory Board shall be established as appropriate by the JU to advise, and issue recommendations to, the Clean Sky Joint Undertaking on managerial, financial and technical topics. The Advisory Board shall be appointed by the Commission. deleted Amendment 39 Annex, Article 6, paragraph 3, subparagraph 1 1.  The Director shall be appointed by the Executive Board, from a list of candidates proposed by the Commission, for a period of up to three years. After an evaluation of the Director's performance, the Executive Board may extend the term of office once for a further period of no more than four years. 1.  The Director shall be appointed by the Executive 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 other periodicals or on the Internet, for a period of up to three years. After an evaluation of the Director's performance, the Executive Board may extend the term of office once for a further period of no more than four years. Amendment 40 Annex, Article 7, paragraph 4, bullet 3 • Defining contents of the Calls for Proposals as well as selecting the external partners. • Defining the content, the objectives and the launch of Calls for Proposals as well as selecting the external partners. Amendment 41 Annex, Article 7, paragraph 5 5.  Voting: Each Integrated Technology Demonstrator Steering Committee shall make decisions by a simple majority with votes weighted according to the financial commitment to the Integrated Technology Demonstrator of each member of the Steering Committee. The Integrated Technology Demonstrator Leaders will have a right of veto over any resolution of the Steering Committee of the Integrated Technology Demonstrator of which they are leaders. 5.  Voting: Each Integrated Technology Demonstrator Steering Committee shall make decisions by a simple majority with votes weighted according to the financial commitment to the Integrated Technology Demonstrator of each member of the Steering Committee. Amendment 42 Annex, Article 11, paragraph 2, bullet 2 • An amount of at least EUR 200 million shall be allocated to external partners [projects] selected via competitive calls for proposals. The Community financial contribution shall be limited to up to 50% of the total eligible costs. • An amount of at least EUR 200 million shall be allocated to external partners [projects] selected via competitive calls for proposals. Particular attention shall be paid to ensuring adequate participation of SMEs in an amount equal to 15% of the total Community funding. The Community financial contribution shall comply with the upper funding limits of the total eligible costs, laid down by the Rules for participation in the Seventh Framework Programme. Amendment 43 Annex, Article 14 Financial regulation Financial rules 1.  The Clean Sky Joint Undertaking's financial regulation shall be agreed and adopted by the Clean Sky Executive Board. 1.  The Clean Sky Joint Undertaking's financial rules shall be adopted by the Clean Sky Executive Board after consulting the Commission. 2.  The Clean Sky Joint Undertaking's Financial Regulation shall be based on the principles of the Framework Financial Regulation1. It may depart from the Framework Financial Regulation where the specific operating needs of the Clean Sky Joint Undertaking so require and subject to prior consent of the Commission. 2.  The Clean Sky 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. _______ OJ L 357, 31.12.2002, p. 72; corrigendum in OJ L 2 7.1.2003, p. 39. Amendment 44 Annex, Article 16, paragraph 5 5.  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. 5.  Within two months after the end of each financial year the provisional accounts of the Joint Undertaking shall be submitted to the Commission, 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 45 Annex, Article 17, paragraph 1 1.  An annual report shall describe the activities performed during the previous year and the corresponding costs. 1.  An annual report which shall present the progress made by the Clean Sky Joint Undertaking every calendar year, in particular in relation to the annual implementation plan for that year. The annual report shall be presented by the Director together with the annual accounts and balance sheets and shall include the participation of SMEs in the R&D activities of the Clean Sky Joint Undertaking. Amendment 46 Annex, Article 17, paragraph 2 2.  The annual implementation plan shall describe the activities planned for the coming year, and resources estimated. 2.  The annual implementation plan shall specify the plan for the execution of all the activities of the Clean Sky Joint Undertaking for a particular year, including planned Calls for Proposals and actions which should be implemented through Calls for Tender. The annual implementation plan shall be presented by the Director to the Executive Board together with the annual budget plan. Amendment 47 Annex, Article 17, paragraph 2 a (new) 2a.  An annual work programme shall describe the scope of and the budget for Calls for Proposals needed to implement the research agenda for the coming year. Amendment 48 Annex, Article 18, paragraph 1 1.  The staff resources shall be determined in the establishment plan of the Clean Sky Joint Undertaking that will be set out in the annual budget. 1.  The staff resources shall be determined in the establishment plan of the Clean Sky Joint Undertaking that will be set out in the annual budget and be forwarded by the Commission to the European Parliament and the Council together with the preliminary draft budget of the European Union. Amendment 49 Annex, Article 18, point 2 2.  The members of the staff of the Clean Sky Joint Undertaking shall be temporary agents and contract agents and shall have fixed term contracts renewable once up to a maximum total period of seven years. deleted Amendment 50 Annex, Article 19, paragraph 2 2.  The Members shall have no liability for the debts of the Clean Sky JU. 2.  The Members shall not be liable for any obligations of the Clean Sky Joint Undertaking. The financial liability of the Members shall be an internal liability towards the Clean Sky Joint Undertaking only and shall be limited to their commitment to contribute to the resources as set out in Article 11(1) of this Annex. Amendment 51 Annex, Article 19, paragraph 3 a (new) 3a.  Without prejudice to the financial contributions due to Project participants pursuant to Article 11(2) of this Annex, the financial liability of the Clean Sky Joint Undertaking for its debts shall be limited to the contributions made by the Members to the running costs as set out in Article 10(4) of this Annex. Amendment 52 Annex, Article 21, first paragraph The intellectual property policy of the Clean Sky Joint Undertaking will be incorporated in the grant agreements concluded by the Clean Sky Joint Undertaking. The intellectual property policy of the Clean Sky Joint Undertaking will be incorporated in the grant agreements concluded by the Clean Sky Joint Undertaking and shall conform to the principles set out in the Seventh Framework Programme. Amendment 53 Annex, Article 23, paragraph 2 2.  Amendment to these Statutes shall be approved by the Board, and shall be decided by the Commission. If such amendment affects the overall principals and objectives of these Statutes, they shall require the approval by the Council. Any amendment to Article 1, paragraph 3, and Article 10, paragraph 3, shall be subject to a revision of the Regulation setting up the Clean Sky Joint Undertaking. 2.  Amendment to these Statutes shall be approved by the Board, and shall be decided by the Commission after consulting of the European Parliament. If such amendment affects the overall principles and objectives of these Statutes, they shall require approval by the Council. Any amendment to Article 1, paragraph 3, and Article 10, paragraph 3, shall be subject to a revision of the Regulation setting up the Clean Sky Joint Undertaking. Amendment 54 Annex, Article 24 a (new) Article 24a Host agreement A host agreement shall be concluded between the Clean Sky Joint Undertaking and the Kingdom of Belgium.

(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.