COUNCIL OFBrussels, 31 October 2007
THE EUROPEAN UNION
RECH 306 COMPET 327
NOTE From :
No. Cion prop. : 9685/07 RECH 141 COMPET 148 COM(2007) 243 final
No. prev. doc.
14373/07 RECH 281 COMPET 304
Subject : Proposal for a Council Regulation on the establishment of the "ARTEMIS Joint Undertaking" to implement a Joint Technology Initiative in Embedded Computing Systems Presidency text
Proposal for a
on the establishment of the "ARTEMIS Joint Undertaking" to implement a Joint
Technology Initiative in Embedded Computing Systems
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 171
and 172 thereof,
Having regard to the proposal from the Commission2,
Having regard to the opinion of the European Parliament3,
Having regard to the opinion of the European Economic and Social Committee4,
(1) Decision No 1982/2006/EC of the European Parliament and of the Council of
form of Joint Technology Initiatives (JTIs) which could be implemented through Joint
Undertakings within the meaning of Article 171 of the Treaty. These JTIs stem from the work
of European Technology Platforms, already set up under the Sixth Framework Programme,
and cover selected aspects of research in their field. They should combine private-sector
investment and European public funding, including funding from the Seventh Framework
(2) Council Decision No 971/2006/EC of 19 December 20066 concerning the specific programme
"Cooperation" implementing the Seventh Framework Programme of the European
Community for research, technological development and demonstration activities (2007-
2013) (hereinafter referred as the "Specific Programme Cooperation"), underlines the need for
ambitious pan-European public private partnerships to speed up the development of major
technologies by large research actions at Community level including, in particular, JTIs.
(3) The Lisbon Growth and Jobs Agenda underscores the need to develop favourable conditions
for investment in knowledge and innovation in the Community to boost competitiveness,
growth and jobs.
(4) In its conclusions of 25-26 November 2004, the Council encouraged the Commission to
further elaborate the concepts of Technology Platforms and JTIs. It underlined that such
initiatives could contribute to coordinating overall Community research efforts with a view to
(5) European companies and other research and development organisations active in the field of
Embedded Computing Systems took the lead in establishing the European Technology
Platform on Embedded Computing Systems (hereinafter referred as the ARTEMIS
Technology Platform) under the Sixth Framework Programme. The ARTEMIS Technology
Platform developed a Strategic Research Agenda based on an extensive consultation with
public and private stakeholders. The Strategic Research Agenda identified the priorities in the
Embedded Computing Systems domain and recommended directions for a JTI in this field.
(6) The JTI on Embedded Computing Systems responds to the Commission Communications of 6
April 20057 on "Building the ERA of knowledge for growth" and of 20 July 20058 on
"Common Actions for Growth and Employment: The Community Lisbon Programme", which
call for a new and more ambitious approach to large-scale public-private partnerships in fields
of major interest for European competitiveness identified through dialogue with industry.
(7) The JTI on Embedded Computing Systems responds to the need for support for pervasive
Information and Communication Technologies as identified in the Report "Creating an
Innovative Europe" of January 2006. This report also commends the ARTEMIS Joint
Technology model for combining national and Community funding within a clear legal
structure and in a harmonised and synchronous manner.
synergy of resources and funding from the Framework Programme, industry, national R&D
programmes and intergovernmental R&D schemes (EUREKA), 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 and SMEs pulling together and focusing the
(9) The JTI on "Embedded Computing Systems" should define a commonly agreed research
agenda, hereinafter referred to as the "Research Agenda", closely following the
recommendations of the Strategic Research Agenda developed by the ARTEMIS Technology
Platform. This Research Agenda should identify and regularly review research priorities for
the development and adoption of key technologies for Embedded Computing Systems across
different application areas in order to strengthen European competitiveness and allow the
emergence of new markets and societal applications.
(10) The JTI on Embedded Computing Systems should address the design, development and
deployment of ubiquitous, interoperable and cost-effective, powerful, safe and secure
electronic and software systems. It should deliver reference designs and architectures that
offer common architectural approaches for given ranges of applications, middleware that
allows seamless connectivity and interoperability and integrated system design methods and
(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 Parliament9, 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.
(13) The objectives of the ARTEMIS 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 ARTEMIS 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
(14) Founding Members of the ARTEMIS Joint Undertaking should be the European Community,
[Finland, Greece, Hungary, Italy, the Netherlands, Slovenia, Sweden10], and ARTEMISIA, an
association representing companies and other R&D organisations active in the field of
Embedded Computing Systems in Europe. The ARTEMIS Joint Undertaking should be open
to new members;
(15) The rules for the organisation and operation of the ARTEMIS Joint Undertaking should be
(17) The Projects should be supported both by the European Community's and ARTEMIS Member
States' financial contributions as well as by in kind contributions from the research and
development organisations participating in the Projects to of the ARTEMIS Joint
Further financing options may be available, inter alia, from the European Investment
Bank, in particular through the Risk-Sharing Finance Facility developed jointly with the
EIB and the Commission pursuant to Annex III of Council Decision on the Specific
(18) Pursuant to Council Decision 2006/971/EC of 19 December 2006 Joint Technology
Initiatives are also eligible to benefit from the Risk-Sharing Finance Facility regarding
funding from the European Investment Bank.
(19) Public funding for the R&D Activities following open and competitive calls for proposals
published by the ARTEMIS Joint Undertaking should consist of national financial
contributions from the ARTEMIS Member States and a financial contribution from the
ARTEMIS Joint Undertaking. The financial contribution of the ARTEMIS Joint Undertaking
should be provided at a percentage of the R&D costs incurred by participants in Projects. This
percentage should be equal for all participants in Projects in any given call for proposals.
(22) As a body endowed with legal personality, the ARTEMIS Joint Undertaking should be
accountable for its actions. Where relevant, the Court of Justice of the European Communities
should be competent to resolve any disputes arising from the activities of the Joint
(23) The Commission should regularly report on the progress achieved by the ARTEMIS Joint
Undertaking to the Council and to the European Parliament.
(24) The ARTEMIS Joint Undertaking should adopt, in accordance with Article 185(1) of
Council Regulation 1605/200211 and subject to prior consent from the Commission,
specific financial rules. have a distinct financial regulation based on the principles of the
framework financial regulation12 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) Appropriate measures should be taken to prevent irregularities and fraud and the necessary
steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance
with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection
of the European Communities financial interests13, Council Regulation (EC, Euratom) N°
2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by
(26) The Intellectual Property Rights policy of the ARTEMIS Joint Undertaking should promote
knowledge creation and exploitation.
(27) The Commission and ARTEMISIA should take all necessary preparatory measures for the
setting-up of the ARTEMIS Joint Undertaking.
(28) Since the objective of the proposed action, namely the establishment of the ARTEMIS Joint
Undertaking, cannot be sufficiently achieved by the Member States due to the trans-national
nature of the great research challenges identified, which requires the pooling of
complementary knowledge and financial resources across the sectors and borders and can
therefore be better achieved at Community level, the Community may adopt measures, in
accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In
accordance with the principle of proportionality, as set out in that Article, this Regulation
HAS ADOPTED THIS REGULATION:
Establishment of a Joint Undertaking
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 up to 31
2.The seat of the Joint Undertaking shall be located in Brussels, Belgium.
The ARTEMIS Joint Undertaking shall contribute to the implementation of the Seventh Framework
Programme of the European Community for research, technological development and
demonstration activities (2007-2013) and the Theme "Information and Communication
Technologies" of the Specific Programme "Cooperation" implementing the Seventh Framework
Programme (2007-2013) of the European Community for research, technological development and
(c) promote a public-private partnership aimed at mobilising and pooling Community, national
and private efforts, increasing overall R&D investments in the field of Embedded Computing
Systems, and fostering collaboration between the public and private sectors;
(d) achieve synergy and coordination of European R&D efforts into the field of Embedded
Computing Systems including, when added value can be created, the progressive integration
in the ARTEMIS Joint Undertaking of the related activities in this field currently
implemented through intergovernmental R&D schemes (Eureka);
(e) promote the involvement of SMEs in its activities in line with the objectives of the
The ARTEMIS Joint Undertaking shall be a Community body and shall have legal personality. In
all the Member States of the European Community, it shall enjoy the most extensive legal capacity
accorded to legal persons under the laws of those States. It may, in particular, acquire or dispose of
movable and immovable property and be a party to legal proceedings.
1.The maximum Community contribution to the ARTEMIS Joint Undertaking covering running
costs and R&D Activities shall be EUR 420 million paid from the budget appropriations
allocated to the Theme "Information and Communication Technologies" of the Specific
Programme "Cooperation" implementing the Seventh Framework Programme for research,
technological development and demonstration (2007-2013), according to the provisions of
Article 54(2)(b) of the Council Regulation (EC, Euratom) No 1605/2002 on the Financial
Regulation applicable to the general budget of the European Communities.
2.The arrangements for the Community financial contribution shall be established by means of
a general agreement and annual financial agreements to be concluded between the
Commission, on behalf of the Community, and the ARTEMIS Joint Undertaking.
3.The Community contribution to the ARTEMIS Joint Undertaking used to fund Projects shall
be allocated following open and competitive calls for proposals.
2.The ARTEMIS Joint Undertaking shall have its own internal audit capability.
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 institutions of the European Communities 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.
2.Without prejudice to paragraph 3 and Article 7(2) of the Statutes, 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 in respect of its staff.
3.The Commission shall adopt the necessary implementing measures referred to in Article 110
of the Staff Regulations of Officials of the European Communities, and the Conditions of
5.The staff of the ARTEMIS Joint Undertaking shall consist of temporary agents and contract
agents engaged for a fixed period that may be renewed no more than once for a fixed period.
The total period of engagement shall not exceed seven years and shall not in any case exceed
the lifetime of the Joint Undertaking.
6.All cost related to the staff shall be borne by the ARTEMIS Joint Undertaking.
7.The ARTEMIS Joint Undertaking may adopt provisions to allow experts to be seconded to it.
Privileges and Immunities
The Protocol on the Privileges and Immunities of the European Communities shall apply to the
ARTEMIS Joint Undertaking and its staff.
1.The contractual liability of the ARTEMIS Joint Undertaking shall be governed by the relevant
3.Any payment by the ARTEMIS Joint Undertaking in respect of the liability referred to in
paragraphs 1 and 2 and the costs and expenses incurred in connection therewith shall be
considered as expenditure of the ARTEMIS Joint Undertaking and shall be covered by the
resources of the ARTEMIS Joint Undertaking.
4.The ARTEMIS Joint Undertaking shall be solely responsible for meeting its obligations.
Jurisdiction of the Court of Justice and applicable law
1.The Court of Justice shall have jurisdiction:
(a) in any dispute between the Members which relates to the subject matter of this
Regulation and/or the Statutes referred to in Article 1;
(b) pursuant to any arbitration clause contained in agreements and contracts concluded by
the ARTEMIS Joint Undertaking;
(c) in actions brought against the ARTEMIS Joint Undertaking, including decisions of its
Bodies, under the conditions provided for in Articles 230 and 232 of the Treaty;
(d) in disputes related to compensation for damage caused by the staff of the ARTEMIS
Joint Undertaking in the performance of their duties.
Report, evaluation and discharge
1.The Commission shall present to the European Parliament and the Council an annual report
on the progress achieved by the ARTEMIS Joint Undertaking. This report shall contain
details of implementation including number of proposals submitted, number of proposals
selected for funding, type of participants, including SMEs, and country statistics.
2.By 3 years after the adoption of this Regulation but in any case no later than 31 December
2010, as well as by 31 December 2013, the Commission shall carry out an interim evaluation
of the ARTEMIS Joint Undertaking with the assistance of independent experts, on the basis of
terms of reference established after consultation of the ARTEMIS Joint Undertaking. These
evaluations 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 and, where appropriate, proposals to amend this
Regulation, including the possible early termination of the Joint Undertaking, to the European
Parliament and the Council.
3.No later than six months after the end of the Joint Undertaking, the Commission shall conduct
a final evaluation of the ARTEMIS Joint Undertaking with the assistance of independent
Protection of the financial interests of the members and anti-fraud measures
1.The ARTEMIS Joint Undertaking shall ensure that the financial interests of its Members are
adequately protected by carrying out or commissioning appropriate internal and external
2.In case of irregularities, the Members shall reserve the right to recover amounts unduly spent,
including by a reduction or a suspension of subsequent contributions to the ARTEMIS Joint
3.For the purposes of combating fraud, corruption and other illegal acts, Regulation (EC)
No1073/1999 shall apply.
4.The ARTEMIS Joint Undertaking shall carry out on-the-spot checks and financial audits
among the recipients of the ARTEMIS Joint Undertaking's public funding. These checks and
audits shall be performed either directly by the ARTEMIS Joint Undertaking or by ARTEMIS
Member States on its behalf. ARTEMIS Member States may carry out any other checks
and audits among the recipients of their national funding as they deem necessary and
6.The European Anti-Fraud Office (OLAF) set up by Commission Decision 1999/352/EC,
ECSC, Euratom shall enjoy the same powers in respect of the Joint Undertaking and its staff
as it enjoys in respect of Commission departments. As soon as the Joint Undertaking is
established, it shall accede to the Interinstitutional Agreement of 25 May 1999 between the
European Parliament, the Council and the Commission concerning internal investigations by
OLAF. The ARTEMIS Joint Undertaking shall adopt the necessary measures needed to
facilitate internal investigations conducted by OLAF.
Without prejudice to Article 14, the ARTEMIS Joint Undertaking shall ensure the protection of
sensitive information, whose disclosure could damage the interests of its Members or of participants
1.Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May
2001 regarding access to European Parliament, Council and Commission documents18 shall
3.Decisions taken by the ARTEMIS Joint Undertaking pursuant to Article 8 of Regulation (EC)
No 1049/2001 may form the subject of a complaint to the Ombudsman or of an action before
the Court of Justice, under the conditions laid down in Articles 195 and 230 of the Treaty
The rules governing the protection, use and the dissemination of research results, based on
Regulation (EC) No. 1906/200619, are set out in Article 23 of the Statutes.
The Commission and ARTEMISIA shall be responsible for carrying out all activities relating to the
establishment and initial operation of the ARTEMIS Joint Undertaking until the bodies responsible
for its operation have been set up.
Support from the host State
Entry into force
This Regulation shall enter into force on the third day following that of its publication in the
Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Council
ARTEMIS JOINT UNDERTAKING
For the purposes of these Statutes, the following definitions shall apply:
Project means a research and/or development project that is selected by the ARTEMIS Joint
Undertaking following open and competitive calls for proposals and thereafter partly funded by the
ARTEMIS Joint Undertaking.
Total Costs means eligible costs of the Projects as defined by the respective funding authorities
issuing the grant agreements.
Running costs means the costs necessary for the functioning of the ARTEMIS Joint Undertaking
excluding the funding of R&D activities.
Affiliated entity means an affiliated entity as defined in Article 2 of the Regulation (EC)
(c) to define and carry out Annual Implementation Plans for executing the Multiannual Strategic
Plan as referred to in Article 19;
(d) to initiate calls for proposals, to evaluate proposals, and award funding to Projects selected
through open, transparent and effective procedures, within the limits of available funds;
(e) to develop close cooperation and ensure coordination with European, in particular the
Framework Programme, national and transnational activities, bodies and stakeholders, aiming
at fostering a fertile innovation environment in Europe and better synergies and exploitation
of research and development results in the area of Embedded Computing Systems;
(f) to monitor progress towards the objectives of the ARTEMIS Joint Undertaking;
(g) to undertake communication and dissemination activities;
(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 per participant;
(i) to carry out any other activity needed to achieve the objectives referred to in Article 2 of the
1.The founding members of the ARTEMIS Joint Undertaking (hereinafter referred to as
"Founding Members") shall be:
2.Provided that they subscribe to the objectives as described in Article 2 of the Regulation and
are willing to assume all obligations of membership, the following entities may become
members of the ARTEMIS Joint Undertaking:
(a) other Member States and Associated Countries to the Seventh Framework Programme;
(b) any other country (hereinafter referred to as "Third Country") pursuing R&D policies or
programmes in the area of Embedded Computing Systems;
(c) any other legal entity capable of making a substantial financial contribution to the
achievement of the objectives of the ARTEMIS Joint Undertaking.
3.The Founding Members and new members as referred to in paragraph 2 shall hereinafter be
referred to as "Members".
4.Member States and Associated Countries members of the ARTEMIS Joint Undertaking shall
hereinafter be referred to as "ARTEMIS Member States". Each ARTEMIS Member State
shall appoint its representative in the bodies of the ARTEMIS Joint Undertaking and
designate the national entity or entities responsible for fulfilling its obligations with respect to
implementation of the activities of the ARTEMIS Joint Undertaking.
5.The ARTEMIS Member States and the Commission shall hereinafter be referred to as the
"public authorities" of the ARTEMIS Joint Undertaking.
3.Any application for membership of the ARTEMIS 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
ARTEMIS Joint Undertaking.
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. For any application for new membership, the
Commission shall provide timely information to the Council on the assessment and, where
applicable, on the decision of the Governing Board.
5.Membership of the ARTEMIS Joint Undertaking may not be transferred to a third party
unless the prior agreement of the Governing Board is given.
6.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 decisions of the ARTEMIS Joint Undertaking in accordance with
2.In case a specific task is not assigned to one of the bodies, the Governing Board shall be the
1.Composition and decision-making process
(a) The Governing Board shall consist of representatives of the Members of the ARTEMIS
Joint Undertaking and the Chairperson of the Industry and Research Committee.
(b) Each Member of the ARTEMIS Joint Undertaking shall appoint its representatives and
a lead delegate who shall hold the voting rights of the Member in the Governing Board.
The Chairperson of the Industry and Research Committee shall have no voting rights.
(c) Voting rights for ARTEMISIA and the public authorities shall be equal and shall
amount in total to at least 90% of the total votes. The initial distribution of the voting
rights shall be 50% for ARTEMISIA and 50% for public authorities.
(d) The distribution of the votes for the public authorities shall be established annually in
proportion to the funds they have committed to Projects in the past two financial years.
The Commission shall hold a minimum of 10% of the votes.2
(e) For the first financial year, and any subsequent financial years in which two or fewer
ARTEMIS Member States have committed public funds to Projects in the previous
2.Role and tasks
The Governing Board shall have overall responsibility for the operations of the ARTEMIS
Joint Undertaking and shall oversee the implementation of its activities.
The Governing Board shall in particular:
(a) assess applications and decide or recommend changes in membership in accordance
with Article 4;
(b) decide on the termination of the membership of any Member that is in default of its
obligations and has not remedied within a reasonable period set by the Executive
Director, without prejudice to the provisions of the Treaty ensuring compliance with
(c) adopt the financial Regulation rules of the ARTEMIS Joint Undertaking in accordance
with Article 6 of this Regulation;
(d) approve the initiatives to amend the Statutes in accordance with Article 24;
(e) approve the Multiannual Strategic Plan including the Research Agenda;
(f) supervise the overall activities of the ARTEMIS Joint Undertaking;
(g) supervise progress in implementing the Multiannual Strategic Plan;
(h) approve the Annual Implementation Plan and the Annual Budget Plan, including the
staff establishment plan;
(n) adopt practical arrangements for implementing Regulation (EC) No 1049/2001 as
referred to in Article 14 of this Regulation.
The Community shall hold a veto right for all decisions related to the use of its financial
contributions, decisions concerning the winding-up of the Joint Undertaking and decisions
related to points (a), (b), (c), (j), and (n).
3.Rules of procedure
(a) The Governing Board shall meet at least twice a year, normally at the seat of the
ARTEMIS Joint Undertaking.
(b) The meetings of the Governing Board shall be chaired by the Chairperson of the
Industry and Research Committee.
(c) Unless otherwise decided by the Governing Board, the Executive Director shall
participate in the meetings.
(d) Until the Governing Board has adopted its own rules of procedure the meetings shall be
convened by the Commission.
(e) The quorum of the Governing Board shall be constituted by the Commission,
ARTEMISIA and at least three ARTEMIS Member States.
2.The Executive Director shall be appointed by the Governing Board for a period of three years,
following a call for expression of interest published in the Official Journal of the European
Union and in other publicly accessible periodicals or internet sites. 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.
3.The role and tasks of the Executive Director shall be:
(a) to prepare the Annual Implementation Plan and the Annual Budget Plan, in
collaboration with the Industry and Research Committee, and submit them to the
Governing Board for approval;
(b) to oversee the organisation and execution of all activities needed to carry out the Annual
Implementation Plan within the framework and the rules laid down by these Statutes
and subsequent decisions adopted by the Governing Board and the Public Authorities
(c) to prepare the Annual Activity Report and the Annual Accounts and balance sheets and
submit them to the Governing Board for approval;
(d) to present proposals on the internal functioning of the ARTEMIS Joint Undertaking to
the Governing Board for approval;
(e) to present proposals on the rules of procedure for calls for proposals launched by the
ARTEMIS Joint Undertaking, including the associated project proposal evaluation and
(h) to authorise all payments due by the ARTEMIS Joint Undertaking;
(i) to establish and implement the necessary measures and actions for assessing the
progress of the ARTEMIS Joint Undertaking towards achieving its objectives, including
independent monitoring and auditing to assess the effectiveness and performance of the
ARTEMIS Joint Undertaking;
(j) to organise Project reviews and technical audits for the assessment of research and
development results, and to report to the Governing Board on the overall results;
(k) to carry out financial audits, directly or through the national public authorities, on
Project participants as necessary, in compliance with the financial rules Regulation of
the ARTEMIS Joint Undertaking;
(l) to negotiate the conditions for accession of new members of the ARTEMIS Joint
Undertaking, on behalf of and within the mandate of the Governing Board;
(m) to carry out any other necessary action for the successful achievement of the ARTEMIS
Joint Undertaking's objectives not provided for in the Annual Implementation Plan,
within any limits and conditions established by the Governing Board;
(n) to convene and/or organise meetings of the Governing Board and of the Public
Authorities Board and to attend where appropriate these meetings as an observer;
(o) to provide the Governing Board with any information requested by it;
(p) to submit to the Governing Board his/her proposal(s) concerning the organisation
structure of the Secretariat;
4.A Secretariat under the responsibility of the Executive Director shall be established to provide
support in all his/her tasks, including:
(a) secretarial support for the Bodies of the ARTEMIS Joint Undertaking;
(b) operational support for evaluating proposals and monitoring Projects, including support
in organising calls for proposals and arranging for Project reviews and technical audits;
(c) establishment and management of an appropriate internal audit and accounting system;
(d) financial tasks, including payments of financial contributions from the ARTEMIS Joint
Undertaking to participants in Projects;
(e) support for communication activities such as public relations, publication and
dissemination activities and organisation of events;
(f) managing invitations to tender for ARTEMIS Joint Undertaking goods/services
requirements according to the financial rules Regulation of the ARTEMIS Joint
5.Non-financial tasks of the Secretariat may be contracted by the ARTEMIS Joint Undertaking
to external service providers. Such contracts shall be established in accordance with the
provisions of the financial rules Regulation of the ARTEMIS Joint Undertaking.
(c) One third of the voting rights in the Public Authorities Board shall be assigned to the
Community; the remaining two thirds shall be allocated to the other members of the
Public Authorities Board on an annual basis in proportion to their financial contribution
to the activities of the ARTEMIS Joint Undertaking for that year in accordance with
Article 11 (6) b and with an upper limit for any given member of 50% of the total voting
rights in this Board.1
(d) If less than three ARTEMIS Member States have communicated to the Executive
Director their financial contribution according to Article 11 (6) b, the Community shall
hold one third of the votes and the remaining two thirds shall be distributed equally
amongst the ARTEMIS Member States.
(e) Decisions shall be taken by at least 60% of total votes.
(f) The representative of the Community shall have a veto right on all issues concerning the
use of its own contribution to the ARTEMIS Joint Undertaking.
(g) The Public Authorities Board shall give the possibility to any Member State or
Associated Country to the Framework Programme that is not Member of the ARTEMIS
Joint Undertaking to participate in the Public Authorities Board as an observer.
2.Role and tasks
The Public Authorities Board shall:
(f) approve the selection of project proposals to receive public funding following calls for
(g) upon proposal of the representative of the Community, decide on the percentage of the
ARTEMIS Joint Undertaking's financial contribution referred to in Article 13(6)(a) to
participants in Projects arising from calls for proposals in any given year;
(h) adopt its rules of procedure in accordance with paragraph 3 of this Article.
3.Rules of procedure
(a) The Public Authorities Board shall meet at least twice a year, normally at the seat of the
ARTEMIS Joint Undertaking.
(b) The Public Authorities Board shall elect its Chairperson.
(c) Until the Public Authorities Board has adopted its rules of procedure, the meetings shall
be convened by the Commission.
(d) The quorum of the Public Authorities Board shall be constituted by the Commission and
at least three ARTEMIS Member States.
Industry and Research Committee
ARTEMISIA shall appoint the members of the Industry and Research Committee.
(d) elaborate proposals for activities regarding the creation of open innovation
environments, promoting the participation of SMEs, developing standards transparently
and with openness to participation, international cooperation, dissemination and public
(e) advise the other Bodies on any issue related to planning and operating research and
development programmes, fostering partnerships and leveraging resources in Europe in
order to achieve the objectives of the ARTEMIS Joint Undertaking;
(f) appoint working groups where necessary under the overall coordination of one or more
members of this Committee in order to achieve the above tasks;
(g) adopt its rules of procedure in accordance with paragraph 3 of this Article.
3.Rules of procedure
(a) The Industry and Research Committee shall meet at least twice a year.
(b) The Industry and Research Committee shall elect its Chairperson.
(c) Until the Industry and Research Committee has adopted its own rules of procedure, the
meetings shall be convened by ARTEMISIA.
Internal Auditing Function (new)
2.All resources of the ARTEMIS Joint Undertaking shall be devoted to achieving the objectives
laid down in Article 2 of the Regulation.
3.The resources of the ARTEMIS Joint Undertaking entered to its budget shall be composed of:
(a) Members' contributions to the running costs, except for the ones referred to in
(b) a Community contribution to fund the R&D Activities;
(c) any revenue generated by the ARTEMIS Joint Undertaking;
(d) any other financial contributions and revenues.
Any interest yielded by the contributions paid by its Members shall be considered to be
revenue of the ARTEMIS Joint Undertaking.
4.Any legal entity that is not a Member may make in-kind or cash contributions to the resources
of the ARTEMIS Joint Undertaking under the terms and conditions negotiated by the
Executive Director on behalf of and within the mandate granted by the Governing Board.
5.The Running Costs of the ARTEMIS Joint Undertaking shall be borne by its members:
(a) ARTEMISIA shall make a contribution of up to EUR 20 million or up to 1% of the sum
of the Total Cost of all Projects, whichever figure is higher, but not exceeding EUR 30
(b) the Community shall make a contribution of up to EUR 10 million. If part of this
contribution is not used it may be available for R&D Activities referred to in
(b) financial contributions from ARTEMIS Member States that shall amount in total to at
least 1.8 times the Community's financial contribution. These financial contributions
shall be paid to Project participants according to the provisions of Articles 12 and 13.
Every year, ARTEMIS Member States shall communicate to the Executive Director by
a date determined by the Governing Board their national financial commitments
reserved for calls for proposals to be launched by the ARTEMIS Joint Undertaking
taking into account the scope of the supported R&D Activities addressed in the Calls;
(c) in-kind contributions by research and development organisations participating in
Projects which shall be equal to their share of the necessary eligible cost of carrying out
the Projects as defined on the basis of the rules of the respective funding authorities
issuing the grant agreements. Their overall contribution over the duration of the
ARTEMIS Joint Undertaking shall be equal to or greater than the contribution of public
7.The financial contributions of the Members to the ARTEMIS Joint Undertaking shall be paid
through partial instalments in accordance with the provisions of the Annual Budget Plan.
8.Any new Member of the ARTEMIS Joint Undertaking other than Member States or
Associated Countries shall make a financial contribution to the ARTEMIS Joint Undertaking.
Implementation of R&D Activities
1.The ARTEMIS Joint Undertaking shall support R&D Activities through open and
competitive calls for proposals, independent evaluation and selection of proposals, allocation
of public funding to selected proposals, and the funding of Projects.
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 its the financial rules Regulation and shall refer to and, where
appropriate, rely on corresponding national grant agreements as referred to in
3.In order to enable the implementation of Projects and the granting of public funds, the
ARTEMIS Joint Undertaking shall establish administrative arrangements with the national
entities designated by the ARTEMIS Member States for that purpose, in line with the
financial rules Regulation of the ARTEMIS Joint Undertaking.
4.Member States of the European Union or Associated Countries that are not Members of the
ARTEMIS Joint Undertaking may conclude similar arrangements with the ARTEMIS Joint
Funding of Projects
1.Public funding for Projects selected following calls for proposals published by the ARTEMIS
Joint Undertaking shall consist of the national financial contributions from the ARTEMIS
Member States and/or the financial contribution from the ARTEMIS Joint Undertaking. Any
public support under this initiative is without prejudice to the procedural and material State
aid rules when applicable.
2.The following legal entities shall be eligible for receiving funding from the Community
contribution to the R&D Activities of the ARTEMIS Joint Undertaking:
(a) legal entities established in the ARTEMIS Member States having concluded a grant
agreement for such Project with the corresponding national authority following the
award procedures of the ARTEMIS Joint Undertaking;
(b) other legal entities established in Member States or Associated Countries that are not
Members of the ARTEMIS Joint Undertaking. In this case, such States may establish
administrative arrangements with the ARTEMIS Joint Undertaking to enable the
participation of the companies and research and development organisations located in
3.The calls for proposals launched and published by the ARTEMIS Joint Undertaking shall
5.Calls, evaluation and selection of proposals shall respect the following rules1:
(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. They shall be made public.
(b) Consortia of participants in Project proposals submitted in response to these Calls shall
include at least three non-affiliated entities established in at least three ARTEMIS
Member States. Participants in Project proposals shall be checked by the Joint
Undertaking against the pre-defined national and Joint Undertaking eligibility criteria
and informed on their compliance, where possible before they submit a full Project
proposal. These checks shall not result in significant delays in the proposal evaluation
and the selection process.
(c) The evaluation and selection process carried out with the assistance of independent
experts shall ensure that allocation of the ARTEMIS Joint Undertaking public funding
follows the principles of equal treatment, excellence and competition.
(d) Following the evaluation of proposals, the Public Authorities Board shall establish a
ranked list of proposals on the basis of clear evaluation criteria and their collective
contribution towards achieving the objectives of the Call.
(e) The Public Authorities Board shall decide on the selection of proposals and the
allocation of public funding to selected proposals up to the limit of the budgets
available, taking into account any national eligibility criteria. This decision shall also be
(b) ARTEMIS Member States shall establish grant agreements with participants in Projects
in accordance with their national rules, in particular as regards eligibility criteria and
other necessary financial and legal requirements. When applicable, national financial
contributions from ARTEMIS Member States shall be disbursed directly to participants
in Projects according to the national grant agreements. ARTEMIS Member States shall
undertake best efforts to synchronise the terms and conditions and the establishment of
grant agreements and to disburse their financial contributions in a timely manner.
Financial Commitments (new)
The financial commitments of the ARTEMIS Joint Undertaking shall not exceed the amount of
financial resources available or committed to its budget by its Members.
Except when the ARTEMIS Joint Undertaking is wound up pursuant to Article 25, any excess
revenue over expenditure shall not be paid to the Members of the ARTEMIS Joint Undertaking.
Financial reporting (new)
1.Every year, the Executive Director shall present to the Governing Board a preliminary draft
Annual Budget Plan containing a forecast of annual expenditure for the following two years
and including the staff establishment plan. Within this forecast, the estimates of revenue and
expenditure for the first of those two years shall be drawn up in such detail as is necessary for
the internal budgetary procedure of each Member regarding its financial contributions to the
ARTEMIS Joint Undertaking. The Executive Director shall supply the Governing Board with
all supplementary information needed for this purpose.
2.The members of the Governing Board shall communicate to the Executive Director their
comments on the preliminary draft Annual Budget Plan and in particular on the estimates of
resources and expenditure for the following year.
3.Taking into account the comments received from the members of the Governing Board, the
Executive Director shall prepare the draft Annual Budget Plan for the following year in
collaboration with the Industry and Research Committee. Before 1 September of each year,
the Executive Director shall submit the Annual Budget Plan to the Governing Board for
Planning and reporting
1.The Multiannual Strategic Plan shall specify the strategy and plans for achieving the
objectives of the ARTEMIS Joint Undertaking, including the Research Agenda.
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.
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.
4.The Annual Activity Report shall present progress made by the ARTEMIS Joint Undertaking
in each calendar year, in particular in relation to the Multiannual Strategic Plan and the
Annual Implementation Plan for that year. It shall also include information on the
participation of SMEs in Joint Undertaking's R&D Activities.
The Annual Activity Report shall be presented by the Executive Director together with the
Liability of Members, insurance
1.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
2.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 11(3).
3.Notwithstanding the financial contributions due to Project participants pursuant to article
13(6)(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 11 (3).
4.The ARTEMIS Joint Undertaking shall take out and maintain appropriate insurance.
The objective of the intellectual property policy as laid down in this Article is to promote the
creation of knowledge and its exploitation, to achieve fair allocation of rights, to reward
innovation, and to achieve broad participation of private and public entities in Projects.
2.For the purposes of this Article:
(a) "Information" shall mean any drawings, specifications, photographs, samples, models,
processes, procedures, instructions, software, reports, papers, or any other technical
and/or commercial information, know-how, data or documents of any kind, including
oral information, other than "Intellectual Property Rights" (IPR);
(b) "Intellectual Property Rights" (IPR) shall mean any intellectual property rights,
including patents, utility models and utility certificates, industrial design rights,
copyrights, trade secrets, database rights, topographies of semiconductor products'
rights, as well as any registrations, applications, divisions, continuations, re-
examinations, renewals or reissues of any of the foregoing, excluding trademarks and
(c) "Background Information" shall mean any information which is owned or controlled by
a Project participant on the effective date of the corresponding Project Agreement, or in
respect of which ownership or control is acquired by a Project participant as a result of
activities outside the framework of the Project;
(d) "Background IPR" shall mean any IPRs which are owned or controlled by a Project
participant on the effective date of the corresponding Project Agreement, or in respect
(h) "Foreground" shall mean Foreground Information and Foreground IPR;
(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;
(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;
(k) "Use" shall mean the developing, creating and marketing of a product or process for
creating and providing a service as may be further defined in the applicable Project
(l) "Dissemination" shall mean the disclosure of Foreground by any appropriate means
other than that resulting from the formalities for protecting it, and including the
publication of Foreground in any medium;
(m) "Project Agreement" shall mean an agreement between Project participants setting forth
all or part of the terms and conditions that apply between them regarding a specific
Project, such as a project consortium agreement, which agreement shall include without
limitation Access Rights in accordance with this Article;
(n) "Transfer Conditions" means financial conditions that have a value lower than fair and
3.1.2. Notwithstanding the provisions above, the ARTEMIS Joint Undertaking shall not
retain any Information or IPR created in Projects.
3.1.3. Each participant in a Project remains the owner of its Background. Participants
may define the Background needed for the purposes of the ARTEMIS Joint
Undertaking Project in a written project agreement and, where appropriate, may
exclude specific background.
3.1.4. Foreground arising from work carried out under Projects shall be the property of
the participant(s) carrying out the work generating that Foreground according to
the arrangements described in the grant and Project Agreements and the principles
laid down in this Article.
3.2. Access Rights
3.2.1. 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
3.2.3. Access Rights to Foreground shall be granted to other participants in the same
project if such Foreground is needed by those other participants to carry out their
own work in the project. Such Access Rights shall be granted on a royalty-free
non-exclusive and non-transferable basis.
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-
3.2.5. Participants in the same Project shall enjoy Access Rights to Foreground if this is
needed for their own Use. Such Access Rights shall be granted on a non-
transferable non-exclusive basis either royalty-free or on fair, reasonable and non-
3.2.6. Subject to the agreement of all the owners concerned, Access Rights to
Foreground for the purposes of pursuing further research activities shall be
granted to a third party on fair and reasonable conditions to be agreed.
3.3.3. All dissemination activities shall be compatible with the protection of intellectual
property rights, confidentiality obligations, and the legitimate interest of the
owners of the Foreground.
3.3.4. Prior notice of any dissemination activity regarding Foreground, Background or
confidential information owned by other participants in the same Project or other
data or information that is amalgamated with such other participants Foreground,
Background or confidential information, shall be given to such other participants.
Within 45 days following such notification, any of those participants may object
in writing if its legitimate interests in relation to its Foreground or Background
may be harmed by such dissemination. In such cases, the dissemination activity
may not take place unless appropriate steps are taken to safeguard those legitimate
3.3.5. All publications, patent applications filed by or on behalf of a participant, or any
other dissemination relating to Foreground shall include a statement that the
Foreground concerned was generated with financial support from the ARTEMIS
Joint Undertaking. All dissemination activities shall be compatible with the
protection of intellectual property rights, confidentiality obligations, and the
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 transfer1, 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
3.5. Project participants in the same Project shall conclude among themselves a Project
Agreement that shall lay down the intellectual property arrangements in compliance
with this Article.
Amendments to the Statutes
1.Any Member of the ARTEMIS Joint Undertaking may make an initiative for amending the
1.At the end of the period provided for in Article 1(1) of the Regulation, or following an
amendment pursuant to Article 11 (2) of the Regulation, the ARTEMIS Joint Undertaking
shall be wound up.
2.The winding-up procedure shall be automatically triggered if the Commission withdraws from
the ARTEMIS Joint Undertaking.
3.For the purpose of conducting the proceedings involved in liquidating the ARTEMIS Joint
Undertaking, the Governing Board shall appoint one or more liquidators, who shall comply
with the decisions of the Governing Board.
4.When the ARTEMIS Joint Undertaking is being wound up, it shall return to the host State any
physical support item made available by the host State in accordance with the host agreement
referred to in Article 25.
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