COUNCIL OF Brussels, 19 November 2007
THE EUROPEAN UNIONPUBLIC
14769/1/07 REV 1
RECH 338 COMPET 360
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
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,
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
(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,
(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
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.
(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
(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
(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
(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
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
(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
HAS ADOPTED THIS REGULATION:
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.
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
(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;
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.
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
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.
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
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
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.
Privileges and Immunities
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.
(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.
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
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.
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)
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.
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.
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
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
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
1.The Commission shall be responsible for the establishment and initial operation of the Clean
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.
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.
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.
STATUTES OF THE CLEAN SKY JOINT UNDERTAKING
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
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.
Technology Evaluator (TE) means the central activity established in accordance with Article 8(1).
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
(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
(m) Develop close cooperation and ensure coordination with related European (in particular the
Framework Programme), national and transnational activities.
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,
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".
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:
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.
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
2.In case a specific task is not assigned to one of the bodies, the Governing Board shall be the
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
(c) One Associate per Integrated Technology Demonstrator, as laid out in Article 8.4(f) of
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.
(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
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;
(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
(s) Approval of the Clean Sky Joint Undertaking Communication and Dissemination
(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
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
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
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
(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
(n) Prepare, together with Governing Board chairman, the Agenda of Governing Board
(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
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:
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
(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
(a) Chairperson a senior representative of the Integrated Technology Demonstrator
(b) Representatives of each Associate within the Integrated Technology Demonstrator and
other participating Integrated Technology Demonstrator leaders;
4.Responsibility: Each Integrated Technology Demonstrator Steering Committee shall be
(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
(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
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.
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
National States Representative Group
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
(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
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
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.
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
3.The running costs of the Clean Sky Joint Undertaking shall be shared equally between 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
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.
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
(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.
6.The contributions of the other members shall be registered by the Clean Sky Joint
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.
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.
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
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.
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.
Conflict of interests
The Clean Sky Joint Undertaking shall avoid any conflict of interest in the implementation of its
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.
Intellectual property policy
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
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
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.
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
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.
Founding Members of Clean Sky Joint Undertaking 41
A. ITD LEADERS:
Affiliates: Airbus France SAS, Airbus Deutschland GmbH, Airbus Espana SL, Airbus UK Limited
Affiliates: Alenia Aermacchi SpA, Alenia SIA SpA
Affiliates: Eurocopter Deutschland GmbH
Affiliates: Liebherr-Aerospace Toulouse S.A.S., Liebherr-Elektronik GmbH
Membership of Clean Sky - Founding members
Organisation State Cluster(s) Role Type
Fiber Optic Sensors & Sensing Syst.
Belgium IGOR SME
KU Leuven Belgium IGOR Uni
LMS International Belgium IGOR Ind
Belgium IGOR SME
ReFiber ApS Denmark RUAG SME
Dassault Aviation France ITD
EADS-CCR France Res Cen
InterAC France IGOR SME
ONERA France Res Cen
Safran France ITD
Thales avionics France ITD
Zodiac-ECE/IN France Ind
Airbus France/Germany ITD
EADS IW France/Germany Ind
Eurocopter France/Germany ITD
Akustik Technolgie Göttingen
Germany IGOR SME
DIEHL Aerospace Germany Ind
DLR Germany Res Cen
Galileo Avionica Italy Ind
IMAST Italy Airgreen Res Cen
PIAGGIO Italy Airgreen Ind
Politech. Torino Italy Airgreen Uni
POLO DELLE S.&
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
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
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
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
QinetiQ UK Res Cen
Rolls-Royce UK ITD
University of Cranfield
UK GSAF Uni