Proposal for a Council Regulation setting up the Clean Sky Joint Undertaking - General Approach - Montesquieu Instituut

 

COUNCIL OF Brussels, 19 November 2007

THE EUROPEAN UNIONPUBLIC

14769/1/07 REV 1

LIMITE

Interinstitutional File:

2007/0118 (CNS)

RECH 338 COMPET 360

DOCUMENT PARTIALLY

ACCESSIBLE TO THE PUBLIC

NOTE from :

Permanent Representatives Committee

to : Council (Competitiveness)

No. Cion prop.

No prev. doc. : 10148/07 RECH 167 COMPET 178 14680/07 RECH 318 COMPET 343

Subject : Proposal for a Council Regulation setting up the Clean Sky Joint Undertaking General Approach

Delegations will find attached the draft Council Regulation as revised following the meeting of the

Permanent representatives committee on 9 and 14 November 2007. Delegations' positions are set

out in the footnotes (pages 2, 7, 19, 27, 30, 37, 40 and 45).

Draft

COUNCIL REGULATION

SETTING UP THE CLEAN SKY JOINT UNDERTAKING

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,1,2

Having regard to the Treaty establishing the European Community, and in particular Articles 171

and 172 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the European Economic and Social Committee,

Whereas:

Undertakings within the meaning of Article 171 of the Treaty.These Joint Technology

Initiatives result from the work of European Technology Platforms, already set up under the

6th 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 Programme.

(2) Council Decision 2006/971/EC of 19 December 20064 concerning the Specific Programme

"Cooperation" implementing the Seventh Framework Programme (2007-2013) of the

European Community for research, technological development and demonstration activities

(hereinafter referred as the "Specific Programme Cooperation"), underlines the need for

ambitious pan-European public private partnerships to accelerate the development of major

technologies, large research actions at Community level including, in particular, Joint

Technology Initiatives.

(3) The Lisbon Growth and Jobs Agenda underscores the need to develop favourable conditions

for investment in knowledge and innovation in Europe to boost competitiveness, growth and

jobs in the European Union.

(4) In its conclusions of 20-21 March 20035, of 22 September 20036 and of 24 September 20047,

the Council ("Competitiveness") highlighted the importance of further developing actions

(5) In its conclusions of 4 December 20069 and of 19 February 200710, the Council

("Competitiveness"), and its conclusions of 9 March 200711 the European Council invited the

Commission to present proposals for the setting up of Joint Technology Initiatives for such

initiatives that have reached an appropriate stage of preparedness.

(6) The Aeronautics European Technology Platform "ACARE" (Advisory Council for

Aeronautics Research in Europe) developed a Strategic Research Agenda, which identified

the reduction of aviation impact on environment as one of its high level target concepts,

concluding that step technological changes are needed to reach the goals by 2020 of cutting

CO

2 emissions by 50%, reduce NOx by 80%, reduce perceived external noise by 50%, and

making substantial progress in reducing the environmental impact of the manufacture,

maintenance and disposal of aircraft and related products.

(7) The extent of the effort required to address the environmental challenges to the air transport

system as defined in the Strategic Research Agenda of ACARE justified the setting up of a

Joint Undertaking as the appropriate instrument coordinating the relevant research activities.

(8) The Joint Technology Initiative on Clean Sky should mitigate the different types of market

(9) The Joint Technology Initiative on Clean Sky should accelerate the development in the EU of

clean Air Transport technologies for earliest possible deployment12 which will contribute to

achieving Europe's strategic environmental13 and social priorities, in combination with

sustainable economic growth.

(10) The Joint Technology Initiative on Clean Sky should be a public-private partnership

associating all key stakeholders. Taking into account the long-term nature of this partnership,

the necessary pooling and availability of financial resources, the high scientific and technical

expertise required, including the management of a vast amount of knowledge, and appropriate

intellectual property rules, it is vital to set up a legal entity capable of ensuring the

coordinated use and efficient management of the funds assigned to the Joint Technology

Initiative on Clean Sky. It therefore warrants setting up a Joint Undertaking under Article 171

of the Treaty, hereafter referred to as the "Clean Sky Joint Undertaking".

(11) The Clean Sky Joint Undertaking aims at addressing the implementation of innovative

environmentally friendly technologies in all segments of civil air transport, including large

commercial aircraft, regional aircraft and rotorcraft and in all supporting technologies such as

engines, systems and materials life cycle. Clean Sky will deliver full scale demonstrators in

all areas of research activities, which should be tested either in flight or on ground, as a result

of a fully integrated approach and monitoring of the technological progress and impact.

(13) The members of the Clean Sky Joint Undertaking should be the European Community

represented by the Commission as public representative, the leaders of Integrated Technology

Demonstrators (ITDs) and the Associate members to the individual ITDs.

(14) The Clean Sky Joint Undertaking should be open to new members.

(15) 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 Parliament14, 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 leaders of Integrated Technology Demonstrators have signed a Memorandum of

Understanding committing their respective companies to technical, managerial and financial

participation to the Clean Sky Joint Undertaking for its full duration. All Associate members

have committed themselves to a threshold financial participation for the whole duration of

Clean Sky Joint Undertaking.

(18) 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 leaders of Integrated Technology Demonstrators (ITDs) and the Associate Members to

the individual ITDs should receive support from the Clean Sky Joint Undertaking for the

carrying out of the research activities they should be in charge of.

(20) The Clean Sky Joint Undertaking should be capable of organising competitive calls for

proposals for supporting research activities, where appropriate.

(21) Research activities carried out under the Clean Sky Joint Undertaking should respect

fundamental ethical principles applicable in the Seventh Framework programme.

(22) The Clean Sky Joint Undertaking should adopt, in accordance with Article 185(1) of Council

Regulation 1605/200215 and subject to prior consent of the Commission, specific financial

rules which take 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. In order to ensure a harmonised treatment between the

participants of the Joint Undertaking research activities and those of the indirect actions of the

(24) The rules for organisation and operation of the Clean Sky Joint Undertaking should be laid

down in the Statutes of the Clean Sky Joint Undertaking as part of this Regulation.

(25) The Commission should have specific tasks associated with the monitoring of public funds

and safeguarding Community interests in the Joint Undertaking.

(26) The Clean Sky Joint Undertaking should regularly report to the European Parliament and the

Council on its progress.

(27) The Clean Sky Joint Undertaking should rely on a number of external advisory bodies,

involving National States and the ACARE European Technology Platform for Aeronautics,

and maintain regular contacts with National States.

(28) As a body possessing legal personality, the Clean Sky Joint Undertaking should be

accountable for its actions. As regards the resolution of disputes in contractual matters, any

grant agreements or contracts concluded by the Clean Sky Joint Undertaking could provide

that the Court of Justice has jurisdiction.

Commission in order to protect the European Communities' financial interests against fraud

and other irregularities19, and the Regulation (EC) No 1073/1999 of the European Parliament

and of the Council concerning investigations concluded by the European Anti-Fraud Office

(OLAF)20.

(31) In order to facilitate the setting up of the Clean Sky Joint Undertaking the Commission should

be responsible for the establishment and initial operation of the Clean Sky Joint Undertaking

until it has the operational capacity to implement its own budget.

(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.

(33) Since the objective of the action to be taken, namely the establishment of the Clean Sky Joint

Undertaking, cannot be sufficiently achieved by the Member States due to the trans-national

nature of the great research challenge 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

HAS ADOPTED THIS REGULATION:

Article 1

Establishment of a Joint Undertaking

• 1. 

  For the implementation of the Joint Technology Initiative on "Clean Sky", a Joint

Undertaking within the meaning of Article 171 of the Treaty is hereby set up for a period up

to 31 December 2017 (hereinafter referred to as "Clean Sky Joint Undertaking").

• 2. 

  Its seat shall be located in Brussels, Belgium.

Article 2

Objectives of the Joint Undertaking

The Clean Sky Joint Undertaking shall contribute to the implementation of the Seventh Framework

Programme and in particular the Theme 7, Transport (including Aeronautics) of the Specific

Programme 'Cooperation'.

(c) creating a radically innovative Air Transport System based on the integration of advanced

technologies and full scale demonstrators, with the target of reducing the environmental

impact of air transport through significant reduction of noise and gaseous emissions, and

improvement of the fuel economy of aircraft.

(d) Accelerating the generation of new knowledge, innovation and the uptake of research in proof

of the comprised technologies and fully integrated system of systems, in the appropriate

operational environment, leading to strengthened industrial competitiveness;

Article 3

Legal status

The Clean Sky 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.

Article 4

Statutes

Article 5

Community contribution

• 1. 

  The maximum Community contribution to the Clean Sky Joint Undertaking covering running

costs and Research Activities shall be EUR 800 million (eight hundred million) paid from the

budget appropriation allocated to the Theme 'Transport' of the Specific Programme

'Cooperation' implementing the Seventh Framework Programme for research, technical

development and demonstration (2007-2013) according to the provisions of Article 54(2)(b)

of Council Regulation (EC, Euratom) No1605/2002 on the Financial Regulation applicable to

the general budget of the European Communities.

• 2. 

  Where appropriate, the Community contribution to the Clean Sky Joint Undertaking for the

funding of the Research Activities shall include funding of proposals selected via open and

competitive Calls for Proposals.

The evaluation and selection process shall ensure that allocation of the Clean Sky Joint

Undertaking public funding for competitive calls for proposals follows the principles of

excellence and competition, and shall be carried out with the assistance of independent

experts.

Article 6

Financial Regulation

• 1. 

  The Clean Sky Joint Undertaking shall adopt specific financial rules in accordance with

Article 185(1) of Council Regulation 1605/200221. They may depart from the framework

Financial Regulation22 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 shall have its own internal audit capability.

Article 7

Staff

• 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 European Communities 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 Executive Director.

• 3. 

  The Governing Board shall, in agreement with the Commission,23 adopt the necessary

implementing measures referred to 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.

• 4. 

  The staff resources shall be determined in the establishment plan of the Clean Sky Joint

Undertaking that will be set out in its the annual budget.

• 5. 

  The staff of the Clean Sky Joint Undertaking shall consist of temporary agents and contract

agents engaged for 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 costs related to the staff shall be borne by the Clean Sky Joint Undertaking.

Article 8

Privileges and Immunities

The Protocol on the Privileges and Immunities of the European Communities shall apply to the

Article 9

Liability

• 1. 

  The contractual liability of the Clean Sky Joint Undertaking shall be governed by the relevant

contractual provisions and by the law applicable to the agreement or contract in question.

• 2. 

  In the case of non-contractual liability, the Clean Sky Joint Undertaking shall, in accordance

with the general principles common to the laws of the Member States, make good any damage

caused by its staff in the performance of their duties.

• 3. 

  Any payment by the Clean Sky 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 Clean Sky Joint Undertaking and shall be covered by the

resources of the Clean Sky Joint Undertaking.

• 4. 

  The Clean Sky Joint Undertaking shall be solely responsible for meeting its obligations.

Article 10

Jurisdiction of the Court of Justice and Applicable law

(d) in disputes related to compensation for damage caused by the staff of the Clean Sky

Joint Undertaking in the performance of their duties.

• 2. 

  For any matter not covered by this Regulation or by other acts of Community law, the law of

the State where the seat of the Clean Sky Joint Undertaking is located shall apply.

Article 11

Report, evaluation and discharge

• 1. 

  Every year, the Commission shall present to the European Parliament and to the Council an

annual report on the progress achieved by the Clean Sky Joint Undertaking. This report shall

contain details of implementation including number of proposals submitted, number selected

for funding, type of participants, including SMEs, and country statistics. In particular this

annual report will include assessment results of the Technology Evaluator referred to in

Article 8(1) of the Statutes, as appropriate.

• 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

• 4. 

  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 rules of the Clean Sky Joint Undertaking.

Article 12

Protection of the Financial Interests of the Members and Anti-fraud Measures

• 1. 

  The Clean Sky Joint Undertaking shall ensure that the financial interests of its members are

adequately protected by carrying out or by allowing the carrying out of appropriate internal

and external controls.

• 2. 

  Should the Members discover any irregularities, they shall reserve the right to reduce or

suspend any subsequent contribution to the Clean Sky Joint Undertaking, or to recover

amount unduly spent.

• 3. 

  For the purposes of combating fraud, corruption and other illegal acts, Regulation (EC)

No 1073/1999 of the European Parliament and of the Council shall apply.

• 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 Clean Sky Joint Undertaking shall adopt the necessary measures needed to

facilitate internal investigations conducted by OLAF.

Article 13

Confidentiality

Without prejudice to Article 14, the Clean Sky Joint Undertaking shall ensure the protection of

sensitive information, disclosure of which could damage the interests of its Members or of

participants in the activities of the Clean Sky Joint Undertaking.

Article 14

Transparency

• 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

documents24 shall apply to documents held by the Clean Sky Joint Undertaking.

• 4. 

  The Clean Sky Joint Undertaking shall adopt the practical arrangements for implementing

Regulation (EC) No 1367/2006 of the European Parliament and of the Council of

6 September 2006 on the application of the provisions of the Aarhus Convention on Access to

Information, Public Participation in Decision-making and Access to Justice in Environmental

Matters to Community institutions and bodies within six months after the entry into force of

this Regulation25.

Article 1526

Intellectual Property

The Clean Sky Joint Undertaking shall adopt distinct rules governing the protection, use and

dissemination of research results based on the principles of Regulation (EC) 1906/200627 as set out

in Article 23 of the Statutes, which ensure that, where appropriate, intellectual property generated in

Research Activities under this Regulation is protected, and that research results are used and

disseminated.

Article 16

Preparatory actions

• 1. 

  The Commission shall be responsible for the establishment and initial operation of the Clean

Sky Joint Undertaking until the Joint Undertaking has the operational capacity to implement

• 3. 

  The interim Executive Director may authorise all payments covered by the credits provided in

the budget of the IMI Joint Undertaking once approved by the Governing Board and may

conclude contracts, including staff contracts following the adoption of the IMI Joint

Undertaking establishment plan. The Commission authorising officer may authorise all

payments covered by the credits provided in the general budget of the IMI Joint Undertaking.

Article 17

Support from the host State

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.

Article 18

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.

ANNEX I

STATUTES OF THE CLEAN SKY JOINT UNDERTAKING

Article 1

Definitions

For the purposes of these Statutes, the following definitions shall apply:

Associate means a single legal entity selected following call for membership and which commits for

full duration of the Joint Undertaking and for a minimum fixed share of the ITD budget.

Calls for Proposals: means open calls for specific tasks, resulting in the selection of Partners on a

competitive basis.

Calls for Tender means calls for subcontracting specific tasks issued by ITD Leaders or Associates.

Integrated Technology Demonstrator (ITD) means one of the 6 technological areas to be covered by

Clean Sky Joint Undertaking.

ITD Leader means Co-leader of one of the 6 ITDs;

Technology Evaluator (TE) means the central activity established in accordance with Article 8(1).

Article 2

Tasks and Activities

In order to achieve the objectives of the Clean Sky Joint Undertaking its main tasks and activities

shall be the following:

(a) Bringing together a range of Integrated Technology Demonstrators with the emphasis on

innovative technologies and development of full scale demonstrators;

(b) Focussing efforts within Integrated Technology Demonstrators on key deliverables that can

help meet Europe's environmental and competitiveness goals;

(c) Enhancing the technology verification process in order to identify and remove obstacles to

future market penetration;

(d) Pooling user requirements to guide investment in research and development towards

operational and marketable solutions;

(e) Implementing the research and development activities needed, where appropriate by

awarding grants following Calls for Proposal.

(f) Awarding grants to support research performed by its Members and by other entities selected

following Calls for Proposals in accordance with open criteria agreed by the Governing

Board;

(k) Notifying legal entities that have concluded a grant agreement with the Clean Sky Joint

Undertaking, of the potential borrowing opportunities from the European Investment Bank, in

particular the Risk Sharing Finance Facility set up under the Seventh Framework Programme.

(l) Stimulating the involvement of SMEs in its activities, in line with the objectives of the

Seventh Research Framework Programme; in this respect the Clean Sky Joint Undertaking

shall establish relevant quantitative targets in line with those set in the Seventh Framework

Programme;

(m) Develop close cooperation and ensure coordination with related European (in particular the

Framework Programme), national and transnational activities.

Article 3

Members

• 1. 

  The following shall be founding members of the Clean Sky Joint Undertaking:

(a) the European Community, represented by the Commission; and,

upon acceptance of the Statutes of the Clean Sky Joint Undertaking,

(b) 12 ITD leaders and the Associates.

The Commission and the ITD Leaders shall have overall visibility of the activities of the JTI,

and shall be responsible for taking overall strategic decisions.

• 2. 

  Any public or private entity established in a Member State or in a country associated to the

Seventh Framework Programme may apply to become a member of the Clean Sky Joint

Undertaking, provided that:

(a) as ITD Leaders, they commit themselves to contribute resources proportional to and

consistent with the overall JTI activities;

(b) as Associates, their commitment is proportional to the budget of the ITD they

participate in and consistent with the ITD requirements.

• 3. 

  The founding members as referred to in paragraph 1 and new members as referred to in

paragraph 2 shall be hereinafter referred to as "Members".

Article 4

Accession and changes to membership

• 1. 

  Accession Rules: Any public or private legal entity established in a Member State or in a

country associated to the Seventh Framework Programme may apply to become a Member of

the Clean Sky Joint Undertaking, under conditions below:

• - 

  the legal entities applying to become Integrated Technology Demonstrator Leaders or

Calls for Associates shall be driven by the need for key capabilities within the various ITDs.

Vacancies shall be publicised via the Clean Sky web site, communicated via the National

States Representative Group and other channels where appropriate.

• 2. 

  Governing Board decision: Any application of new membership to the Clean Sky Joint

Undertaking shall be shall be addressed to the Governing Board for its approval according to

the procedure set out in Article 5 and transmitted to the National States Representatives

Group for information.

Decisions of the Governing Board on 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 Clean Sky Joint Undertaking, as well as their capacity to exploit the

technologies developed. 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.

• 3. 

  Membership of the Clean Sky Joint Undertaking may not be transferred to a third party

unless the prior agreement of the Governing Board is given.

Any Member may, in exceptional circumstances and subject to the consent of the Governing

Article 5

Bodies of the Clean Sky Joint Undertaking

• 1. 

  The bodies of the Clean Sky Joint Undertaking shall be:
• - 

  the Governing Board,
• - 

  the Executive Director,
• - 

  the Integrated Technology Demonstrator Steering Committees
• - 

  the Technology Evaluator Steering Committee, and
• - 

  the General Forum.

A National States Representative Group shall be an external advisory body to the Clean Sky

Joint Undertaking.

• 2. 

  In case a specific task is not assigned to one of the bodies, the Governing Board shall be the

competent one.

• 3. 

  An Advisory Board shall be established as appropriate by the Joint Undertaking to advise,

and issue recommendations to, the Clean Sky Joint Undertaking on managerial, financial and

technical topics.

(c) One Associate per Integrated Technology Demonstrator, as laid out in Article 8.4(f) of

these Statutes.

• 3. 

  Decision making:

Each individual member of the Governing Board shall have one equal vote.

The Governing Board shall make decisions by a 2/3 majority of all eligible votes. Eligible

votes include those of members that are not present at the meeting.

The consent of all affected Integrated Technology Demonstrator Leaders is required in order

to modify the budget allocation to and within Integrated Technology Demonstrators.

• 4. 

  Chairmanship:

(a) The Governing Board shall appoint among its representatives a chairman and a vice-

chairman. The Commission representative shall not be eligible for either function.

(b) The chairman and the vice-chairman of the Governing Board shall be elected for a

period of one (1) year and may be re-elected for one further year.

• 6. 

  Role and tasks:

The Governing Board shall be responsible in particular for:

(a) Definition or change of the strategic orientation;

(b) Conclusion, release and/or amendment of contracts;

(c) Adoption of the financial rules of the Clean Sky Joint Undertaking in accordance with

Article 6 of this Regulation;

(d) Adoption of the budget and the annual accounts of the Clean Sky Joint Undertaking;

(e) Adoption of changes of budget allocation to Integrated Technology Demonstrators;

(f) Adoption of the annual ITD work programmes;

(g) Approval of annual reports from Integrated Technology Demonstrator Leaders and the

Executive Director and reviewing progress of research;

(h) Actions against defaulting Integrated Technology Demonstrator Leaders and Associates

and/or reaching terms of compromise in disputes between the Clean Sky Joint

Undertaking and any of its Members;

(i) Third instance settlement of disputes within ITDs;

(n) Second instance review and re-opening of contested partners' selection decisions;

(o) Adoption of changes in the major deliverables;

(p) Appointment, extension of the mandate or removal of the Executive Director;

(q) Approval of Executive Director's proposals for changes on Directorate staffing levels;

(r) Specification of the duties and responsibilities of the Executive Director set out in

Article 7(4);

(s) Approval of the Clean Sky Joint Undertaking Communication and Dissemination

strategy;

(t) Approval of principles for public consultation and dialogue;

(u) Promotion of a policy of human resource diversity and gender equality;

(v) Development of an external relations strategy in an international perspective;

(w) Rules for assessing in-kind contributions;

(x) Adoption of the practical arrangements for implementing Regulation (EC) No

1049/2001 referred to in Article 14(2) of this Regulation.

Article 7

Executive Director

• 1. 

  The Executive Director shall be responsible for the day-to-day management of the Clean Sky

Joint Undertaking and is its legal representative. He/she shall be accountable to the Governing

Board.

The Executive Director shall perform his/her duties with complete independence.

The Executive Director shall exercise, in respect of the staff, the powers laid down in

Article 7(2) of this Regulation.

• 2. 

  The Executive Director shall be aided in the performance of his/her duties by the Directorate

staff. The Directorate staff shall perform all necessary supporting functions.

The Executive Director of the Joint Undertaking shall select and appoint the Directorate staff.

• 3. 

  Appointment of the Executive Director

(a) 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 periodicals or internet sites. After an evaluation of the

• 4. 

  Role and tasks of the Executive Director: The Executive Director shall in particular:

(a) Report to the Governing Board.

(b) Coordinate and follow-up the Integrated Technology Demonstrator activities (through

Integrated Technology Demonstrator coordination meetings), prepare technical and

financial reports.

(c) Supervise integration and interface activities and call and chair reviews as required.

(d) Chair the Steering Committee of the Technology Evaluator, participate as active

observer to the Integrated Technology Demonstrators Steering Committees.

(e) Monitor the progress of the ITDs towards achieving the environmental goals, based on

the assessments of the Technology Evaluator.

(f) Monitor the participation of SMEs to ensure target levels of participation are met.

(g) Implement Calls for Proposal and Calls for Tender processes based on the content

defined by the relevant ITD Steering Committee.

(h) Implement first instance reviewing process in case of contested Partner selection

decisions.

(i) Handle second instance settlement of disputes within ITDs.

(n) Prepare, together with Governing Board chairman, the Agenda of Governing Board

meetings.

(o) Attend National States Representative Group and ACARE meetings alongside the

Commission and report on status of Clean Sky activities, including SME issues.

(p) Run the communication and public relations aspects of the Clean Sky Joint

Undertaking, including the organisation of presentation and dissemination events.

(q) Organise the dialogue with users and relevant interest groups.

(r) Oversee the evaluation and selection process of the Calls for Proposals

(s) Report on the results of the Calls for Proposals and Calls for Tender

Article 8

Integrated Technology Demonstrator Steering Committees

• 1. 

  Establishment: Integrated Technology Demonstrator (ITD) Steering Committees shall be

established by the Governing Board for each of the six Integrated Technology Demonstrators.

The following ITDs shall be established:

(a) Smart Fixed Wing Aircraft

An independent Technology Evaluator shall be established for the entire duration of Clean

Sky. Its tasks are:

(a) To asses the environmental impact of the technology results arising from individual

ITDs

(b) To provide recommendations to ITDs to optimise environment performance across

Clean Sky activities

(c) To regularly inform, through the Executive Director, the Commission and the National

States Representative Group about the environmental impact of the technology results

of the ITDs

The Governing Board shall decide on the composition and setting up of the Technology

Evaluator Steering Committee.

• 2. 

  Composition: Each Integrated Technology Demonstrator Steering Committee shall be

composed of:

(a) Chairperson a senior representative of the Integrated Technology Demonstrator

Leader(s);

(b) Representatives of each Associate within the Integrated Technology Demonstrator and

other participating Integrated Technology Demonstrator leaders;

(c) The Executive Director and Integrated Technology Demonstrator Responsible Officer;

• 4. 

  Responsibility: Each Integrated Technology Demonstrator Steering Committee shall be

responsible for:

(a) Guiding and monitoring the technical functions of its Integrated Technology

Demonstrator and taking decisions on behalf of the Clean Sky Joint Undertaking on all

technical matters specific to the relevant Integrated Technology Demonstrator.

(b) Establishing the detailed annual work programmes for the ITD.

(c) Defining contents of the Calls for Proposals.

(d) Selecting the external partners with the assistance of independent experts.

(e) Defining contents of the Calls for Tender in conjunction and cooperation with the

Member concerned.

(f) Establishing the order of rotation for the Associate representation in the Governing

Board; the decision on this item is taken by the Associates only, ITD Leaders shall not

have the right of vote.

(g) Handling of disputes within the ITD.

(h) Modifications of the budget allocation within its Integrated Technology Demonstrator

subject to Article 6(3).

• 6. 

  Rules: Each Integrated Technology Demonstrator Steering Committee shall adopt its rules of

procedure, based on a common baseline across all ITDs and including detailed provisions

governing the exercise of the Integrated Technology Demonstrator leaders' rights and

obligations, including veto rights.

Article 9

General Forum

• 1. 

  The General Forum is a consultative body to the Clean Sky Joint Undertaking.

The General Forum shall be composed of one representative from:

(a) each Member of the Clean Sky Joint Undertaking

(b) each Partner.

• 2. 

  Meetings: The General Forum shall meet at least once a year.

Extraordinary meetings shall be convened at the request of at least 30% of the General Forum

members.

The meetings shall normally take place in Brussels.

Article 10

National States Representative Group

• 1. 

  Composition

The National States Representative Group shall consist of one representative of each Member

State and of each other country associated to the Framework Programme. It shall elect a

chairperson among its members.

• 2. 

  Role and tasks

The National States Representative Group shall have an advisory role for the Joint

Undertaking. It shall in particular review information and provide opinions on the following

topics:

(a) Programme progress in the Clean Sky Joint Undertaking;

(b) Compliance and respect of targets;

(c) Updating of strategic orientation.

(d) Links to Framework Programme Collaborative Research

(e) Calls for proposals and tenders outcome and planning;

The National States Representative Group may issue, on its own initiative, recommendations

to the Clean Sky Joint Undertaking on technical, managerial and financial matters, in

particular when these affect national interests. The Clean Sky Joint Undertaking shall inform

the National States Representatives Group of the follow up it has given to such

recommendations.33

• 3. 

  The National States Representative Group shall meet at least bi-annually and shall be

convened by the Joint Undertaking. Extraordinary meetings can be convened to deal with

specific matters of major relevance to Clean Sky Joint Undertaking activities. These meetings

shall be called by the Joint Undertaking either on its own initiative or upon request from

National States Representatives Group.

The Executive Director and the chairman of the Governing Board and/or their representatives

shall attend the meetings.

The National States Representative Group shall adopt its rules of procedure.

Article 11

Internal Auditing function

Article 12

Sources of financing

• 1. 

  All the resources of the Clean Sky Joint Undertaking shall be devoted to the objectives of the

Clean Sky Joint Undertaking.

• 2. 

  The resources of the Clean Sky Joint Undertaking shall be made up of contributions brought

in by its Members and their participating affiliates. A participating affiliate shall be defined as

a legal entity that:

(a) Is directly or indirectly owned or controlled by, or owns and controls, or is under the

same ownership or control, as the relevant ITD leader or Associate and;

(b) Is incorporated and resident in, and subject to the law of, a Member State of the

Community, or an Associated country to the 7th Framework Programme and;

(c) Participates in the activities of the relevant ITD Leader or Associate in the Clean Sky

work programme.

• 3. 

  The running costs of the Clean Sky Joint Undertaking shall be shared equally between on the

one hand the European Community, which shall contribute with 50% of total cost, and on the

• 5. 

  The annual financial contribution of the European Community to the Clean Sky Joint

Undertaking shall be subject to the verification of the activities carried out by the other

Members.

• 6. 

  Should any Member of the Clean Sky Joint Undertaking, or any participating affiliates, fail to

meet its commitments concerning its agreed contributions, the Governing Board shall decide:

• - 

  in the case of a defaulting Member, whether the remaining Members should repeal the

defaulting Member's membership or if any other measures should be taken until its

obligation has been met; or

• - 

  in case of a defaulting participating affiliate, whether the remaining Members should

repeal the defaulting affiliate's participation or if any other measures should be taken

until its obligation has been met.

• 7. 

  The Clean Sky Joint Undertaking shall own all the tangible assets created by it or transferred

to it. Demonstrators and other tangible and intangible outputs of the Clean Sky research and

development programme shall be the property of the Members and/or Partners creating them.

Article 13

• 2. 

  The Community contribution will be distributed as follows:34

(a) An amount of up to EUR 400 million shall be allocated to the ITD leaders and an

amount of up to EUR 200 million to ITD associates35. ITD leaders and associates will

contribute resources at least matching the Community contribution.

(b) An amount of at least EUR 200 million shall be allocated to Partners selected via

competitive calls for proposals. Particular attention shall be paid to ensuring adequate

participation of SMEs, The Community financial contribution shall comply with the

upper funding limits of the total eligible costs, laid down by the Rules of Participation

of the Seventh Framework Programme.

To the extent that a Call for Proposals remains unanswered or unallocated, the Members

shall fulfil the corresponding tasks themselves.36 37

In order to be considered eligible for Community funding, costs incurred in the

implementation of the research activities shall be exclusive of value added tax.38

• 3. 

  A preliminary distribution of the Community contribution across the various research

activities has been set forward as follows39:

(a) 24% to the Smart Fixed Wing ITD

(b) 11% to the Green Regional Aircraft ITD

(c) 10% to the Green Rotorcraft ITD

(d) 27% to the Sustainable and Green Engines ITD

(e) 19% to the Systems for Green Operations ITD

(f) 7% to the Eco-Design ITD

(g) 2% to the Technology Evaluator

A detailed breakdown of the resource allocations across the various work packages and Clean

Sky Joint Undertaking members will be established. The detailed breakdown will be adopted

by the Governing Board. This process will be supervised by Commission, and will follow the

principle of equal treatment between the members34.

• 4. 

  In order to implement the Clean Sky programme, the Clean Sky Joint Undertaking may award

grants to its Members, and, in accordance with open criteria agreed by the Governing Board,

to partners and other entities for the performance of their research activities.

• 5. 

  Except for the running cost of the Clean Sky Joint Undertaking, contributions in kind are
• 6. 

  The contributions of the other members shall be registered by the Clean Sky Joint

Undertaking.

Article 14

Financial commitments

The financial commitments of the Clean Sky Joint Undertaking shall not exceed the amount of

financial resources at its disposal or committed to its budget.

Article 15

Financial revenues

Except when the Clean Sky Joint Undertaking is wound up pursuant to Article 25, any excess

revenue over expenditure shall not be paid to the Members of the Clean Sky Joint Undertaking.

Article 16

Financial year

The financial year shall correspond to the calendar year.

Article 18

Financial reporting

• 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

Clean Sky 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 and

submit it to the Governing Board for approval.

Article 19

Planning and reporting

• 1. 

  An Annual Report 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 Executive Director together with the annual accounts

and balance sheets. This Annual Report shall include the participation of SMEs in the R&D

activities of the Clean Sky Joint Undertaking.

• 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 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, a publishable

version of the Annual Implementation Plan shall be made publicly available.

• 3. 

  The Annual Work Programme shall describe the scope and the budget of calls for proposals

needed to implement the research agenda for a particular year.

Article 20

Article 21

Liability of Members, Insurance

• 1. 

  The Members shall have no liability for the debts of the Clean Sky Joint Undertaking.
• 2. 

  The Clean Sky Joint Undertaking shall take out and maintain appropriate insurance.

Article 22

Conflict of interests

The Clean Sky Joint Undertaking shall avoid any conflict of interest in the implementation of its

activities.

Members involved in defining work that is subject to a Call for Proposals or a Call for Tender,

cannot take part in carrying out this work.

Article 2340

Intellectual property policy

The intellectual property policy of the Clean Sky Joint Undertaking shall be incorporated in the

The IP policy shall be governed by the following principles:

• 1. 

  Each legal entity having concluded a grant agreement with the Clean Sky Joint Undertaking

shall remain the owner of:

(a) Information which is held by participants prior to their accession to the grant agreement,

as well as copyrights or other intellectual property rights pertaining to such information,

the application for which has been filed before their accession to the grant agreement,

and which is needed for carrying out the project or for using the Foreground of the

project (hereafter called "Background").

(b) The results, including information, whether or not they can be protected, which are

generated by the project concerned. Such results include rights related to copyright,

design rights, patent rights or similar forms of protection (hereafter called

"Foreground"). Jointly developed Foreground shall belong to all participants developing

it if their respective contributions cannot be ascertained. Unless otherwise agreed each

joint owner shall be entitled to use such jointly developed Foreground free of charge in

its own business and for future research.

(c) Creators of Foreground shall take reasonable steps to protect it, in particular by filing

patents. Where such steps are not taken by the creator or by other participants in the

ITD with the creator's consent the JU itself, acting through the relevant ITD Steering

Committee, may apply for protection.

• 3. 

  Subject to appropriate undertakings of confidentiality, the legal entities having concluded a

grant agreement with the Clean Sky Joint Undertaking shall disclose information relating to

Foreground and disseminate Foreground under terms and conditions defined in the grant

agreement.

Article 24

Amendments to the Statutes

• 1. 

  Any Member of the Clean Sky Joint Undertaking may take an initiative to the Governing

Board for the amendment of these Statutes.

• 2. 

  The initiatives referred to in paragraph 1 as approved by the Governing Board shall be

submitted as draft amendments to the Commission who shall adopt them, as appropriate.

• 3. 

  However, any amendment affecting the essential elements of these Statutes and in particular

amendments to Articles 3, 4, 6, 7, 12, 13, 21, 24, and 25, shall be adopted in accordance with

Article 172 of the Treaty.

Article 25

Liquidation and winding-up

• 3. 

  When the Clean Sky 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.

• 4. 

  When any physical support item has been dealt with as provided in paragraph 3, any further

assets shall be used to cover the liabilities of the Clean Sky Joint Undertaking and the

expenditures relating to its winding up. Any surplus shall be distributed among the Members

existing at the time of the winding up in proportion of their actual contribution to the Clean

Sky Joint Undertaking. Any surplus distributed to the Community shall be returned to the

Commission budget.

• 5. 

  Remaining assets shall be distributed to the Members existing at the time of the winding up in

proportion to their actual contribution to the Clean Sky Joint Undertaking.

• 6. 

  An ad hoc procedure shall be set up to ensure the appropriate management of any grant

agreement and service and supply contract with duration longer than the duration of the Clean

Sky Joint Undertaking.

_________________

ANNEX II

Founding Members of Clean Sky Joint Undertaking 41

A. ITD LEADERS:

AgustaWestland

Airbus

Affiliates: Airbus France SAS, Airbus Deutschland GmbH, Airbus Espana SL, Airbus UK Limited

Alenia

Affiliates: Alenia Aermacchi SpA, Alenia SIA SpA

Dassault Aviation

EADS-CASA

Eurocopter

Affiliates: Eurocopter Deutschland GmbH

Fraunhofer Gesellschaft

Liebherr

Affiliates: Liebherr-Aerospace Toulouse S.A.S., Liebherr-Elektronik GmbH

Thales

Affiliates: Thales ATM, Thales Systèmes Aéroportés, Thales Avionics Electrical System, Thales Communication, Thales Air Systems Division UK

B. ASSOCIATES

Membership of Clean Sky - Founding members

National

Organisation State Cluster(s) Role Type

Fiber Optic Sensors & Sensing Syst.

Belgium IGOR SME

KU Leuven Belgium IGOR Uni

LMS International Belgium IGOR Ind

Micromega Dynamics

Belgium IGOR SME

ReFiber ApS Denmark RUAG SME

Dassault Aviation France ITD

leader Ind

EADS-CCR France Res Cen

InterAC France IGOR SME

ONERA France Res Cen

Safran France ITD

leader Ind

Thales avionics France ITD

leader Ind

Zodiac-ECE/IN France Ind

Airbus France/Germany ITD

leader Ind

EADS IW France/Germany Ind

Eurocopter France/Germany ITD

leader Ind

Akustik Technolgie Göttingen

Germany IGOR SME

DIEHL Aerospace Germany Ind

DLR Germany Res Cen

EADS-CRC Germany Res Cen

Galileo Avionica Italy Ind

IMAST Italy Airgreen Res Cen

PIAGGIO Italy Airgreen Ind

Politech. Torino Italy Airgreen Uni

POLO DELLE S.&

T. NAPOLI

Italy Airgreen Uni

SELEX S.I. Italy Ind

SICAMB Italy Airgreen SME

Univ. Bologna/Forlì Italy Airgreen Uni

Univ. Piemonte Italy Airgreen Uni

Univ. Pisa Italy Airgreen Uni

Univ. Torino Italy Airgreen Uni

ATR Italy / France Ind

Agusta Westland Italy/UK ITD

leader Ind

ELSIS Lithuania CIRA SME

University of Malta Malta GSAF Uni

ADSE Netherlands SME

Aeronamic Netherlands GSAF SME

Airborne Composite Netherlands IGOR SME

Axxiflex Netherlands SME

CCM Netherlands GSAF Ind

DNW Netherlands IGOR Res Cen

Eurocarbon Netherlands IGOR Ind

HAN University Netherlands IGOR Uni

MicroFlown Technologies

Netherlands IGOR, NL SME

NLR Netherlands IGOR, NL, GSAF Res Cen

Sergem Netherlands SME

STORK aerospace Netherlands NL Ind

Ten Cate Advances Composites

Netherlands IGOR Ind

TNO Netherlands NL Res Cen

TU Delft Netherlands IGOR, NL, GSAF Uni

Uni. Twente Netherlands IGOR, NL Uni

Icotec AG Switzerland RUAG SME

RUAG Aerospace Switzerland RUAG Ind

University Applied Sciences NW Switzerland

Switzerland RUAG Uni

Advanced Composites Group (ACG)

UK RUAG SME

Nottingham University

UK Uni

QinetiQ UK Res Cen

Rolls-Royce UK ITD

leader Ind

University of Cranfield

UK GSAF Uni

___________________