Council Regulation (EU) 2021/2085 of 19 November 2021 establishing the Joint Undertakings under Horizon Europe and repealing Regulations (EC) No 219/2007, (EU) No 557/2014, (EU) No 558/2014, (EU) No 559/2014, (EU) No 560/2014, (EU) No 561/2014 and (EU) No 642/2014

COUNCIL REGULATION (EU) 2021/2085 of 19 November 2021 establishing the Joint Undertakings under Horizon Europe and repealing Regulations (EC) No 219/2007, (EU) No 557/2014, (EU) No 558/2014, (EU) No 559/2014, (EU) No 560/2014, (EU) No 561/2014 and (EU) No 642/2014

PART ONE

COMMON PROVISIONS

TITLE I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation sets up nine joint undertakings within the meaning of Article 187 TFEU for the implementation of institutionalised European partnerships referred to in Article 10(1), point (c), of the Horizon Europe Regulation. It determines their objectives and tasks, membership, organisation and other operating rules.

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

Article 3

Establishment

The following joint undertakings are set up as Union bodies for a period ending on 31 December 2031 and financed under the MFF 2021-2027:

(a) the Circular Bio-based Europe Joint Undertaking;

(b) the Clean Aviation Joint Undertaking;

(c) the Clean Hydrogen Joint Undertaking;

(d) the Europe’s Rail Joint Undertaking;

(e) the Global Health EDCTP3 Joint Undertaking;

(f) the Innovative Health Initiative Joint Undertaking;

(g) the Chips Joint Undertaking;

(h) the Single European Sky ATM Research 3 Joint Undertaking;

(i) the Smart Networks and Services Joint Undertaking.

TITLE II

FUNCTIONING OF THE JOINT UNDERTAKINGS

CHAPTER 1

Objectives and tasks

Article 4

Objectives and principles

The Chips Joint Undertaking shall also contribute to the general objective referred to in Article 4(1) of Regulation (EU) 2023/1781 of the European Parliament and of the Council (¹), the operational objectives referred to in Article 4(2), points (a) to (d), of Regulation (EU) 2023/1781 (‘operational objectives 1 to 4’) and the general objectives of DEP referred to in Article 3(1) of Regulation (EU) 2021/694.

The joint undertakings shall, through the involvement and commitment of partners in designing and implementing a programme of research and innovation activities with European added value, deliver collectively on the following general objectives:

(a) strengthening and integrating the scientific, innovation and technological capacities and facilitating collaborative links across the Union to support the creation and diffusion of high-quality new knowledge and skills, in particular with a view to delivering on global challenges, securing and enhancing Union competitiveness, European added value, resilience and sustainability and contributing to a reinforced European Research Area (ERA);

(b) securing sustainability-driven global leadership and resilience of Union value chains in key technologies and industries in line with the industrial and SMEs strategies for Europe, the European Green Deal, the European Recovery Plan and other relevant Union policies;

(c) developing and accelerating the uptake of innovative solutions throughout the Union addressing climate, environmental, health, digital and other global challenges contributing to Union strategic priorities, accelerating the economic growth of the Union and fostering the innovation ecosystem, while reaching the United Nations Sustainable Development Goals and achieving climate neutrality in the Union at the latest by 2050, in line with the Paris Agreement, thereby improving the quality of life of European citizens.

The joint undertakings shall deliver on the following specific objectives:

(a) enhance the critical mass and scientific and technological capabilities and competences in collaborative, cross-sectoral, cross policy, cross-border and interdisciplinary research and innovation across the Union as well as facilitate their integration into European ecosystems;

(b) accelerate the green and digital transitions as well as economic, social and societal transformations in areas and sectors of strategic importance for Union priorities, in particular to reduce greenhouse gas emissions by 2030 in accordance with the climate and energy targets set in line with the European Green Deal and the European Climate Law;

(c) enhance the research and innovation capabilities and performance of existing and new European innovation ecosystem and economic value chains, including in start-ups and SMEs;

(d) accelerate the deployment, uptake and diffusion of innovative solutions, technologies, services and skills in reinforced European research and innovation ecosystems and industrial ecosystems, including through wide and early engagement and co-creation with end-users, including SMEs and start-ups, citizens and regulatory and standardisation bodies;

(e) deliver environmental, energy, resource-saving, societal, circularity and productivity improvements in new products, technologies, applications and services by exploiting Union capabilities and resources.

Article 5

Operational objectives and tasks

The joint undertakings shall adhere to the following operational objectives in accordance with the criteria set out in Annex III to the Horizon Europe Regulation, and contribute to the operational objectives of Horizon Europe set out in the Specific Programme implementing Horizon Europe:

(a) reinforce and spread excellence, including by fostering wider participation and boosting collaborative links throughout the Union;

(b) strengthen scientific excellence, including by considering, where relevant, state-of-the-art basic and frontier research findings in the implementation of their activities;

(c) stimulate research and innovation activities in SMEs and contribute to the creation and scaling-up of innovative companies, in particular start-ups, SMEs and, in exceptional cases, small mid-caps;

(d) reinforce the link between research, innovation and, where appropriate, education, training and other policies, including complementarities with national, regional and Union research and innovation policies and activities;

(e) strengthening gender mainstreaming, including the integration of gender dimension in the research and innovation content;

(f) increase collaboration links in European research and innovation and across sectors and disciplines, including social sciences and humanities;

(g) strengthen international cooperation in support of Union policy objectives and international commitments;

(h) increase public awareness and acceptance, respond to demand and encourage the diffusion and uptake of new solutions by involving, where appropriate, citizens and end-users in co-design and co-creation processes;

(i) encourage exploitation of research and innovation results and actively disseminate and exploit results, in particular for leveraging private investments and for policy development;

(j) accelerate industrial transformation and resilience across the value chains, including through improving skills for innovation and advancing digital technology;

(k) support the scientific evidence-based implementation of related Union policies, as well as regulatory, standardisation and sustainable investment activities at national, European and global levels.

The joint undertakings shall carry out the following tasks by adopting a systemic approach in achieving the objectives:

(a) provide financial support, mainly in the form of grants, to research and innovation indirect actions, selected following open, transparent and competitive calls except in duly justified cases specified in their work programme in order to set additional conditions requiring the participation of members of the joint undertaking or their constituent or affiliated entities;

(b) develop close cooperation and ensure coordination with other European partnerships, including by dedicating, where appropriate, a part of the joint undertaking’s budget to joint calls;

(c) seek and maximise synergies with and, where appropriate, possibilities for further funding from relevant activities and programmes at Union, national and regional level, in particular with those supporting the deployment and uptake of innovative solutions, training, education and regional development, such as Cohesion Policy Funds, or the national Recovery and Resilience Plans;

(d) ensure their operations contribute towards the strategic multiannual planning, reporting, monitoring and evaluation and other requirements of Horizon Europe set out in Articles 50 and 52 of the Horizon Europe Regulation, such as the implementation of the common policy feedback framework;

(e) promote the involvement of SMEs and start-ups in their activities and ensure the provision of timely information to them, in line with the objectives of Horizon Europe;

(f) develop a targeted approach within their Strategic Research and Innovation Agenda to implement measures for attracting newcomers, in particular SMEs, higher education institutions and research organisations, for expanding collaborative networks;

(g) mobilise the public and private sector resources needed to achieve the objectives set out in this Regulation;

(h) monitor progress towards the achievement of the objectives set out in this Regulation, as well as in accordance with the provisions set out in Article 50 of and Annexes III and V to the Horizon Europe Regulation;

(i) define and implement their work programme;

(j) liaise with the most extensive range of stakeholders including, but not limited to, decentralised agencies, research organisations and higher education institutions, end users and public authorities, in particular for the purpose of defining the priorities and activities of each joint undertaking as well as to ensure transparency, openness and inclusiveness, and benefits to society;

(k) engage in information, communication, publicity and dissemination and exploitation activities by applying mutatis mutandis Article 51 of the Horizon Europe Regulation, including by making the detailed and coherent information on results from funded research and innovation activities available and accessible in a common Horizon Europe e-database, in a timely manner;

(l) provide the Commission with the necessary technical, scientific and administrative support to carry out its tasks for the purposes of ensuring the proper functioning and development in the Union of the specific areas addressed by the joint undertaking;

(m) contribute to developing a more effective science-policy interface, to fostering open science by ensuring better use of results and to addressing policy needs, as well as to promoting faster exploitation, dissemination and uptake of results in accordance with Articles 14 and 39 of the Horizon Europe Regulation;

(n) identify and report, in line with the common policy feedback framework and with strategies and actions to support the European Green Deal objectives, the relevant knowledge acquired from the management of research and innovation projects and their results to the Commission to serve as input for monitoring, evaluating and rectifying, where necessary, existing policy measures or shaping new policy initiatives and decisions;

(o) support the Commission in the development and implementation of robust science-based technical screening criteria pursuant to Article 3 of Regulation (EU) 2020/852 on sustainable investments, by monitoring and assessing their implementation within the economic sector in which they operate, in order to provide ad hoc feedback to policy-making, when needed;

(p) consider the ‘do no significant harm’ principle pursuant to Article 17 of Regulation (EU) 2020/852 for activities of the joint undertakings falling within the scope of that Regulation and take into account the provisions of that Regulation to improve access to sustainable finance, where relevant;

(q) perform any other task necessary to achieve the objectives set out in this Regulation.

CHAPTER 2

Members, contributing partners and contributions

Article 6

Members

The members of the joint undertakings referred to in Article 3 shall be the Union, represented by the Commission, and any of the following, as specified in Part Two:

(a) participating states;

(b) founding members;

(c) associated members.

Article 7

Selection of associated members

Article 8

Changes to or termination of membership

Article 9

Contributing partners

Article 10

Union financial contribution

Article 11

Contributions from members other than the Union and contributing partners

Unless specified otherwise in Part Two, the contributions of private members shall consist of financial contributions and of any of the following:

(a) in-kind contributions to operational activities;

(b) in-kind contributions to additional activities, approved by the governing board in accordance with Article 17(2), point (n).

The Commission may terminate, proportionally reduce or suspend the Union financial contribution to a joint undertaking or trigger the winding-up procedure referred to in Article 45 in any of the following cases:

(a) where the joint undertaking concerned fails to meet the conditions for the entrustment of the Union contribution;

(b) where the members other than the Union or their constituent or affiliated entities fail to contribute, contribute only partially, do not respect the time limits set out in paragraph 2 with regard to the contribution referred to in paragraphs 1, 4 and 5 of this Article;

(c) as a result of the evaluations referred to in Article 171(2).

Article 12

Management of contributions from the participating states

In addition to criteria set out in Article 22 of the Horizon Europe Regulation or, in the case of the Chips Joint Undertaking, in Article 18 of Regulation (EU) 2021/694, the work programme may include, as an annex, eligibility criteria regarding national legal entities.

Each participating state shall entrust the joint undertaking with the evaluation of the proposals according to the Horizon Europe Regulation and, where applicable, to Regulation (EU) 2021/694.

The selection of proposals shall be based on the ranking list provided by the evaluation committee. The body responsible for selection may deviate from that list in duly justified cases as set out in the work programme to ensure the overall consistency of the portfolio approach.

Each participating state shall have a right of veto on all issues concerning the use of its own national financial contributions to the joint undertaking for applicants established in those participating states, on the basis of national strategic priorities.

Each participating state shall strive to synchronise its payment schedule, reporting and audits with those of the joint undertaking and to converge its cost eligibility rules with Horizon Europe’s rules.

CHAPTER 3

Organisation of the joint undertakings

Article 13

Synergies and efficiencies in back office arrangements

Joint undertakings shall, within one year following the date of entry into force of this Regulation, operate back office arrangements by concluding service level agreements, unless specified otherwise in Part Two and subject to the need to guarantee an equivalent level of protection of the Union’s financial interest when entrusting budgetary implementation tasks to joint undertakings. Such arrangements shall include at least the following areas, subject to confirmation of viability and following screening of resources:

(a) human resource support;

(b) legal support;

(c) information and communication technologies;

(d) accounting (excluding treasury);

(e) communication;

(f) logistics, events and meeting room management;

(g) support for audit and anti-fraud strategy.

Article 14

Bodies of the joint undertakings

Section 1

Governing Board

Article 15

Composition of the governing board

Article 16

Functioning of the governing board

Adoption of decisions by the governing board may also be subject to any relevant specific rules set out in Part Two.

The voting rights of the members other than the Union shall be subject to the specific rules set out in Part Two. Unless specified otherwise in Part Two, each of the representatives of the members other than the Union shall hold an equal number of votes.

Article 17

Tasks of the governing board

The Commission, in its role in the governing board, shall seek to ensure coordination and coherence between the activities of the joint undertakings and the relevant activities of Union funding programmes with a view to promoting synergies and complementarities while avoiding duplications when identifying priorities covered by collaborative research.

The governing board shall carry out the following tasks:

(a) take measures to implement the joint undertaking’s general, specific and operational objectives, assess their effectiveness and impact, ensure close and timely monitoring of the progress of the joint undertaking’s research and innovation programme and individual actions in relation to the priorities of the Union and the Strategic Research and Innovation Agenda, including in relation to complementarity with regional or national programmes, and take corrective measures where needed to ensure that the joint undertaking meets its objectives;

(b) assess, accept or reject applications for membership in accordance with Article 7;

(c) assess, accept or reject applications of prospective contributing partners in accordance with Article 9;

(d) decide on the termination of the membership in the joint undertaking with regard to any member that does not fulfil its obligations pursuant to this Regulation or in accordance with Article 8(2) and (3);

(e) adopt the financial rules of the joint undertaking in accordance with Article 27;

(f) adopt the annual budget and the staff establishment plan including the number of permanent and temporary posts by function group and by grade as well as the number of contract staff and seconded national experts expressed in full-time equivalents;

(g) decide on the distribution of administrative costs among the members other than the Union, where these members fail to reach an agreement in accordance with Article 28(2), taking into account possible imbalances in their administrative commitments compared to their participation;

(h) exercise, in accordance with paragraph 4 of this Article and with regard to the staff of the joint undertaking, the powers conferred by the Staff Regulations of Officials of the European Union laid down in Regulation (EEC, Euratom, ECSC) No 259/68 (the ‘Staff Regulations’) on the Appointing Authority and by the CEOS on the Authority Empowered to Conclude a Contract of Employment (the ‘appointing authority powers’);

(i) appoint, dismiss, extend the term of office, provide guidance and monitor the performance of the executive director;

(j) adopt the Strategic Research and Innovation Agenda at the beginning of the joint undertaking and update it throughout the duration of Horizon Europe, where necessary. The Strategic Research and Innovation Agenda shall identify the partnership’s targeted impact, foreseen portfolio of activities, measurable expected outcomes, resources, deliverables and milestones within a defined timeframe. It shall also identify the other European partnerships with which the joint undertaking shall establish a formal and regular collaboration and the possibilities for synergies between the joint undertaking’s actions and national or regional initiatives and policies based on information received by the participating states or the states’ representatives group as well as synergies with other Union programmes and policies;

(k) adopt the work programme and corresponding expenditure estimates as proposed by the executive director, after taking into consideration the states’ representatives group’s opinion, to implement the Strategic Research and Innovation Agenda, including the administrative activities, the content of the calls for proposals, possible conditions for dealing with ex aequo proposals in accordance with Article 28(3) of Horizon Europe and its work programmes, the research areas subject to joint calls and cooperation with other partnerships and synergies with other Union programmes, the applicable funding rate, and the related rules for submission, evaluation, selection, award and review procedures with particular attention to the feedback to policy requirements;

(l) where appropriate, limit the participation in specific actions in the work programme in accordance with Article 22(5) of the Horizon Europe Regulation and in accordance with the position agreed on a case-by-case basis between the Commission and the Member States in the states’ representatives group, unless specified otherwise in Part Two;

(m) adopt measures for attracting newcomers, in particularly SMEs, higher education institutions and research organisations, into the activities and actions of the joint undertaking, including where applicable by encouraging them to become private members or constituent entities of the private members;

(n) approve the annual additional activities plan, set out in an annex to the main part of the work programme, on the basis of a proposal from the members other than the Union and after having consulted the scientific advisory body or such body as set out in Part Two and after taking into consideration the states’ representatives group’s opinion;

(o) provide strategic orientation as regards the collaboration with other European partnerships in accordance with the Strategic Research and Innovation Agenda;

(p) assess and approve the consolidated annual activity report, including the corresponding expenditure and the budget dedicated to joint calls with other European partnerships;

(q) deliver an opinion on the joint undertaking’s final accounts;

(r) make arrangements, as appropriate, for the establishment of an internal audit capability of the joint undertaking;

(s) approve the organisational structure of the programme office upon recommendation of the executive director;

(t) approve the joint undertaking’s communication policy upon recommendation by the executive director;

(u) unless specified otherwise in Part Two, approve the list of actions selected for funding;

(v) adopt implementing rules for giving effect to the Staff Regulations and the CEOS in accordance with Article 110(2) of the Staff Regulations;

(w) adopt rules on the secondment of national experts to the joint undertakings or the use of trainees;

(x) set up, as required, advisory or working groups, including in collaboration with other joint undertakings, in addition to the bodies of the joint undertaking referred to in Article 14, for a determined period of time and to fulfil a specific purpose;

(y) submit to the Commission, where appropriate, requests to amend this Regulation;

(z) request scientific advice or analysis on specific issues to the joint undertaking’s scientific advisory body or its members, including as regards developments in adjacent sectors;

(a1) adopt by the end of 2023 a plan for the phasing-out of the joint undertaking from Horizon Europe funding upon recommendation of the executive director;

(b1) ensure the performance of any task that is not specifically assigned to a particular body of a joint undertaking, subject to the possibility that the governing board may assign such task to another body of the joint undertaking concerned.

Section 2

Executive Director

Article 18

Appointment, dismissal and extension of the term of office of the executive director

For the purpose of concluding the contract of the executive director, the joint undertaking shall be represented by the chairperson of the governing board.

Article 19

Tasks of the executive director

The executive director shall carry out the following tasks for the joint undertaking:

(a) ensure sustainable and efficient management of the joint undertaking and efficient implementation of the work programme;

(b) prepare and submit for adoption to the governing board the draft annual budget and the staff establishment plan;

(c) prepare and, after having taken into account the opinion of the states’ representatives group or the Public Authorities Board as appropriate, submit for adoption to the governing board the work programme and the corresponding expenditure estimates for the joint undertaking, to implement the Strategic Research and Innovation Agenda;

(d) submit for opinion to the governing board the annual accounts for the joint undertaking;

(e) prepare and submit for assessment and approval to the governing board the consolidated annual activity report, including information on the corresponding expenditure and contributions from members other than the Union referred to in Article 11(1);

(f) monitor the contributions referred to in Article 11(1), report to the governing board regularly on the progress in achieving the targets and propose remedial or corrective measures, where necessary;

(g) monitor the implementation of measures for attracting newcomers, in particularly SMEs, higher education institutions and research organisations;

(h) establish a formal and regular collaboration with the European partnerships identified in the Strategic Research and Innovation Agenda and in accordance with the strategic orientation provided by the governing board;

(i) following an invitation from the Chair, inform regularly the relevant configuration of the Horizon Europe Programme Committee, further to the Commission responsibility to inform the Programme Committee under Article 14(7) and Annex III to the Specific Programme implementing Horizon Europe, and in particular, before adoption of the work programme of the joint undertaking, in relation to the application of Article 22(5) of the Horizon Europe Regulation;

(j) submit for approval to the governing board or to the Public Authorities Board as appropriate the list of actions to be selected for funding by the joint undertaking;

(k) assess applications for associated members to the joint undertaking following an open call for expression of interest and submit proposals for associated members to the governing board;

(l) inform regularly the other bodies of the joint undertaking on all matters relevant to their role;

(m) sign individual grant agreements and decisions in his or her remit on behalf of the joint undertaking;

(n) sign procurement contracts on behalf of the joint undertaking;

(o) ensure the programme’s monitoring and assessment of the progress compared to relevant impact indicators and the joint undertaking’s specific objectives as defined in Part Two, under the supervision of the governing board and in coordination with advisory bodies where relevant, and in accordance with Article 171;

(p) implement the communications policy of the joint undertaking;

(q) organise, direct and supervise the operations and the staff of the joint undertaking within the limits of the delegations by the governing board;

(r) establish and ensure the functioning of an effective and efficient internal control system and report any significant change to it to the governing board;

(s) protect the financial interests of the Union and of other members by applying preventive measures against fraud, corruption and any other illegal activities by means of effective checks and, if irregularities are detected, by recovering amounts that were wrongly paid and, where appropriate, imposing effective, proportionate and dissuasive administrative and financial penalties;

(t) ensure the carrying out of risk assessments and risk management for the joint undertaking;

(u) take any other measures necessary for assessing the progress of the joint undertaking towards achieving its objectives;

(v) prepare and submit for adoption to the governing board a plan for the phasing out of the joint undertaking from Horizon Europe funding;

(w) perform any other tasks entrusted or delegated to him or her by the governing board or as may be required by this Regulation;

(x) have the power to delegate his or her powers to other staff members subject to rules to be adopted in accordance with Article 17(4).

The executive director shall set up a programme office for the execution, under his or her responsibility, of all support tasks of the joint undertaking deriving from this Regulation. The programme office shall be composed of the staff of the joint undertaking and shall in particular carry out the following tasks:

(a) provide support in establishing and managing an appropriate accounting system in accordance with the financial rules for the joint undertaking;

(b) manage the implementation of the work programme of the joint undertaking throughout the implementation cycle;

(c) provide to the members of the joint undertaking and its bodies all relevant and timely information and support necessary for them to perform their duties;

(d) act as the secretariat of the bodies of the joint undertaking and provide support to advisory groups set up by the governing board, if any.

Section 3

Advisory bodies

Article 20

The states’ representatives group

The states’ representatives group shall be consulted and, in particular, it shall review information and provide opinions on the following matters:

(a) programme progress of the joint undertaking and achievement of its targets and expected impacts as part of Horizon Europe, including the information on calls for proposals and proposals received as well as on the proposal evaluation process;

(b) updating of the Strategic Research and Innovation Agenda or equivalent in line with the Horizon Europe strategic planning and with other Union and Member States funding instruments;

(c) links to Horizon Europe and other Union, national and, where relevant, regional initiatives, including cohesion policy funds in line with smart specialisation strategies;

(d) draft work programmes, including the content of calls for proposals, especially on lower TRL research topics included in the draft work programme and on the application of eligibility criteria;

(e) involvement of SMEs, start-ups, higher education institutions and research organisations, and measures taken for promoting participation of newcomers;

(f) actions taken for dissemination and exploitation of results along the value chain;

(g) annual activity report.

Where applicable, the states’ representatives group shall also regularly report to the governing board, and act as an interface with the joint undertaking on the following matters:

(a) the status of relevant national or regional research and innovation programmes and identification of potential areas of cooperation, including concrete actions taken or envisaged for the deployment and uptake of relevant technologies and innovative solutions;

(b) specific measures taken at national level or regional level with regard to dissemination events, dedicated technical workshops and communication activities;

(c) specific measures at national or regional level with regard to deployment activities in relation to each respective joint undertaking;

(d) national or regional policies and initiatives with a view to ensuring complementarities with regard to the joint undertaking’s Strategic Research and Innovation Agenda and annual work programmes.

Article 21

Scientific advice

Unless specified otherwise in Part Two, joint undertakings shall seek independent scientific advice by means of:

(a) a scientific advisory body to be set up by the joint undertaking in accordance with the relevant provisions set out in Part Two, and subject to the provisions in this Article; or

(b) ad hoc requests for independent expertise by the governing board to the joint undertaking on specific questions.

The scientific advisory body shall carry out the following tasks:

(a) advise on the scientific priorities to be addressed in the work programmes including on scope of calls for proposals, in line with the Strategic Research and Innovation Agenda and the Horizon Europe strategic planning;

(b) advise on the scientific achievements to be described in the annual activity report;

(c) suggest, in view of the progress of the Strategic Research and Innovation Agenda and individual actions, corrective measures or re-orientations to the governing board, where necessary;

(d) provide independent advice and scientific analysis on specific issues as requested by the governing board, in particular as regards developments in adjacent sectors or to support the assessment of applications of potential associated members and contributing partners;

(e) where specified in Part Two, evaluate the results from technology and innovation actions that are funded by the joint undertaking and report to the governing board;

(f) where specified in Part Two, participate in sector integration committees specifically set up between European partnerships under Horizon Europe to enable synergies;

(g) carry out any other task, as specified in Part Two.

Article 22

The stakeholders group

CHAPTER 4

Financial and operational provisions

Section 1

General provisions

Article 23

Coherent application of limitation to participation

The joint undertakings shall ensure coherence with the approach taken for actions funded under the Horizon Europe work programme adopted in accordance with Article 13(2), point (b), of the Specific Programme implementing Horizon Europe regarding the application of Article 22(5) of the Horizon Europe Regulation, as well as Union legislation and guidance relevant for its application in similar topics in the work programme of the joint undertaking concerned.

Article 24

Rules applicable to the activities funded by the joint undertakings

Article 25

Operational and financial planning

Article 26

Operational and financial reporting

The consolidated annual activity report shall include, among other things, information on the following matters:

(a) research, innovation and other actions carried out and the corresponding expenditure;

(b) the proposals submitted, including a breakdown by country where the legal entity is established, and by participant type, in particular SMEs and newcomers;

(c) the indirect actions selected for funding, including a breakdown by participant type, including SMEs, and by country and indicating the contribution of the respective joint undertaking to the individual participants and actions;

(d) information regarding the openness of the joint undertakings, including monitoring of collaborative links;

(e) the additional activities undertaken by the members other than the Union, including a breakdown by country where the private members, their constituent entities or the affiliated entities of either is established;

(f) the collaboration with other European partnerships, including joint calls, and synergies between the joint undertaking’s actions and national or regional initiatives and policies.

Section 2

Financial provisions

Article 27

Financial rules

Article 28

Sources of financing

The operational costs of a joint undertaking shall be covered by means of the:

(a) financial contribution by the Union;

(b) financial contributions by the private members or their constituent or affiliated entities, by contributing partners or by an international organisation that is a member of a joint undertaking;

(c) where applicable, financial contributions by the participating states;

(d) in-kind contributions defined in Article 2, point (8).

In accordance with Articles 10 and 11, the resources of a joint undertaking entered in its budget shall be composed of the following contributions:

(a) members’ financial contributions to the joint undertaking for the administrative costs, divided equally on an annual basis between the Union and the members other than the Union, unless specified otherwise in Part Two due to the specific membership nature of a joint undertaking;

(b) members’ or contributing partners’ financial contributions to the joint undertaking for the operational costs;

(c) any revenue generated by the joint undertaking;

(d) any other financial contributions, resources and revenues.

Any interest yielded by the contributions referred to in this paragraph shall be considered to be its revenue.

Article 29

Financial commitments

Article 30

Protection of the financial interests of the members

Article 31

Ex post audits

Audits of expenditure on indirect actions shall be carried out in accordance with Article 53 of the Horizon Europe Regulation as part of the Horizon Europe indirect actions, in particular in line with the audit strategy referred to in Article 53(2) of that Regulation.

Article 32

Internal audit

Section 3

Operational provisions

Article 33

Confidentiality

Without prejudice to Articles 34 and 36, each joint undertaking shall ensure the protection of confidential information the disclosure of which beyond Union institutions and other Union bodies, offices or agencies could damage the interests of its members or of participants in the activities of the respective joint undertaking. Such confidential information includes but is not limited to personal, commercial, sensitive non-classified and classified information.

Article 34

Transparency

Regulation (EC) No 1049/2001 of the European Parliament and of the Council (⁹) shall apply to documents held by a joint undertaking.

Article 35

Processing of personal data

Where the implementation of this Regulation requires the processing of personal data, this shall be processed in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (¹⁰).

Article 36

Access to results and information on proposals

CHAPTER 5

Staff and liability

Section 1

Staff, privileges and immunities

Article 37

Staff

Article 38

Seconded national experts and trainees

Article 39

Privileges and Immunities

Protocol No 7 on the privileges and immunities of the European Union, annexed to the TEU and the TFEU, shall apply to the joint undertakings and their staff.

Section 2

Liability

Article 40

Liability of the joint undertakings

Article 41

Liability of members and insurance

Article 42

Conflicts of interest

CHAPTER 6

Dispute resolution

Article 43

Jurisdiction of the Court of Justice and applicable law

The Court of Justice of the European Union shall have jurisdiction:

(a) pursuant to any arbitration clause contained in agreements or contracts concluded by a joint undertaking, or in its decisions;

(b) in disputes relating to compensation for damage caused by the staff of the joint undertaking in the performance of their duties;

(c) in any dispute between the joint undertaking and its staff within the limits and under the conditions laid down in the Staff Regulations and the CEOS.

Article 44

Complaints to the Ombudsman

Decisions taken by a joint undertaking in the implementation of this Regulation may form the subject of a complaint to the Ombudsman in accordance with Article 228 of the TFEU.

CHAPTER 7

Winding up

Article 45

Winding up

PART TWO

SPECIFIC PROVISIONS OF INDIVIDUAL JOINT UNDERTAKINGS

TITLE I

CIRCULAR BIO-BASED EUROPE JOINT UNDERTAKING

Article 46

Additional objectives of the Circular Bio-based Europe Joint Undertaking

In addition to the objectives set out in Articles 4 and 5, the Circular Bio-based Europe Joint Undertaking shall have the following general objectives:

(a) accelerate the innovation process and development of bio-based innovative solutions;

(b) accelerate market deployment of the existing mature and innovative bio-based solutions;

(c) ensure a high level of environmental performance of bio-based industrial systems.

The Circular Bio-based Europe Joint Undertaking shall also have the following specific objectives:

(a) increase the intensity of cross-disciplinary research and innovation activities to reap the benefits of the advancement in life sciences and in other scientific disciplines for the development and demonstration of sustainable bio-based solutions;

(b) increase and integrate the research and innovation capacity of stakeholders across the Union to exploit the local bioeconomy potential, including in regions with underdeveloped capacity;

(c) increase the research and innovation capacity for addressing environmental challenges and development of more sustainable bio-based innovations by ensuring that sustainability issues and environmental performance are integrated throughout the whole innovation chain and in future innovative solutions;

(d) reinforce the integration of bio-based research and innovation in the Union bio-based industry and increase the involvement of R&I actors including feedstock providers in the bio-based value chains;

(e) reduce the risk for research and innovation investment in bio-based companies and projects;

(f) ensure that circularity and environmental considerations, including contributions to climate neutrality and zero pollution objectives, are taken into account in the development and implementation of research and innovation bio-based projects and facilitate societal acceptance.

Article 47

Additional tasks of the Circular Bio-Based Europe Joint Undertaking

In addition to the tasks set out in Article 5, the Circular Bio-based Europe Joint Undertaking shall carry out the following tasks:

(a) ensure that its objectives are reached through the programming of research and innovation activities of the public and private partners;

(b) mobilise public and private funding for its research and innovation activities;

(c) support high impact multidisciplinary research and innovation projects that enhance the industrial bio-based innovation to deliver on its objectives;

(d) intensify its research and innovation activities along the whole innovation chain from low to high TRLs;

(e) mobilise and integrate research and innovation actors including feedstock providers from rural, coastal, urban areas and regions with unexploited potential for bio-based value chain development to cooperate in project activities;

(f) ensure that research and innovation activities under it focus on issues of public interest, specifically on the environmental and climate performance of the bio-based industry, both in terms of understanding the relevant problems and developing solutions to them;

(g) promote communication and collaboration between research and innovation actors and industrial stakeholders under it to raise awareness about rapidly evolving knowledge and technology, facilitate cross-disciplinary and cross-sectorial collaboration and facilitate market uptake of innovative bio-based solutions;

(h) mobilise national and regional authorities that are able to create more favourable conditions for market uptake of bio-based innovations;

(i) support the reflection towards the development of standards in order to facilitate the market uptake of bio-based innovations;

(j) set scientifically robust sustainability criteria and performance benchmarks, apply and monitor them in all its research and innovation activities, and promote them beyond the initiative to the bio-based industry;

(k) communicate and promote innovative bio-based solutions towards policy makers, industry, NGOs, civil society and consumers at large.

Article 48

Members

The members of the Circular Bio-based Europe Joint Undertaking shall be:

(a) the Union, represented by the Commission;

(b) the Bio-based Industries Consortium, a non-profit organisation registered under Belgian law, upon notification of its decision to accede to the Circular Bio-based Europe Joint Undertaking by means of a letter of commitment, which shall not contain conditions regarding its accession other than those set out in this Regulation;

(c) the associated members selected in accordance with Article 7, subject to a decision of the governing board.

Article 49

Union financial contribution

The Union financial contribution to the Circular Bio-based Europe Joint Undertaking, including EEA appropriations, to cover administrative and operational costs shall be up to EUR 1 000 000 000 , including up to EUR 23 500 000 for administrative costs.

Article 50

Contributions from members other than the Union

The members of the Circular Bio-based Europe Joint Undertaking other than the Union shall make or arrange for their constituent or affiliated entities to make a total contribution of at least EUR 1 000 000 000 , including up to EUR 23 500 000 for administrative costs, over the period set out in Article 3.

Article 51

Scope of additional activities

Notwithstanding the Governing Board’s power of decision concerning the additional activities plan pursuant to Article 17(2), point (n), and within the scope of Article 2, points (9) and (10), the Bio-based Industries Consortium or their constituent or affiliated entities shall each year make a proposal for the additional activities. The additional activities are those directly linked to projects and activities of the Circular Bio-based Europe Joint Undertaking, including in particular:

(a) investments in new facilities demonstrating a new value chain, including investments in durable equipment, tools and accompanying infrastructure, in particular related to regional deployment and its sustainability verification;

(b) investments in a new innovative and sustainable production plant or flagship;

(c) investments in new research and innovation and justified infrastructure, including facilities, tools, durable equipment or pilot plants (research centres);

(d) standardisation activities;

(e) communication, dissemination and awareness-raising activities.

The investments directly linked to projects are in particular:

(a) non-eligible investments needed for the implementation of a Circular Bio-based Europe Joint Undertaking project during the duration of that project;

(b) investment made in parallel with a Circular Bio-based Europe Joint Undertaking project, complementing the results of the project and bringing it to a higher TRL;

(c) investments needed for the deployment of a Circular Bio-based Europe Joint Undertaking project’s results following the closure of the project until the winding up of the Circular Bio-based Europe Joint Undertaking. In justified cases, the investment related to deployment of results of projects from the preceding initiative (BBI Joint Undertaking) may be taken into account.

Article 52

Bodies of the Circular Bio-based Europe Joint Undertaking

The bodies of the Circular Bio-based Europe Joint Undertaking shall be:

(a) the Governing Board;

(b) the Executive Director;

(c) the states’ representatives group;

(d) the Scientific Committee;

(e) the Deployment Groups.

Article 53

Composition of the Governing Board

The Governing Board shall be composed as follows:

(a) five representatives of the Commission, on behalf of the Union; and

(b) five representatives of the members other than the Union, at least one of which should represent SMEs.

Article 54

Functioning of the Governing Board

Article 55

The Scientific Committee

Article 56

The Deployment Groups

TITLE II

CLEAN AVIATION JOINT UNDERTAKING

Article 57

Additional objectives of the Clean Aviation Joint Undertaking

In addition to the objectives set out in Articles 4 and 5, the Clean Aviation Joint Undertaking shall have the following general objectives:

(a) to contribute to reducing the ecological footprint of aviation by accelerating the development of climate neutral aviation technologies for earliest possible deployment, therefore significantly contributing to the achievement of the general goals of the European Green Deal, in particular in relation to the Union-wide net greenhouse gas emissions reduction target of at least 55 % by 2030, compared to 1990 levels, and to a pathway towards reaching climate neutrality at the latest by 2050;

(b) to ensure that aeronautics-related research and innovation activities, with particular focus on breakthrough technology initiatives, contribute to the global sustainable competitiveness of the Union aviation industry, and to ensure that climate-neutral aviation technologies meet the relevant aviation safety and security requirements, and that aviation remains a secure, reliable, cost-effective and efficient means of passenger and freight transportation;

(c) to advance the European aviation research and innovation capacity.

The Clean Aviation Joint Undertaking shall also have the following specific objectives:

(a) to integrate and demonstrate disruptive aircraft technological innovations able to decrease net emissions of greenhouse gases by no less than 30 % by 2030, compared to 2020 state-of-the-art technology, while paving the ground towards climate-neutral aviation by 2050;

(b) to ensure that the technological and the potential industrial readiness of innovations can support the launch of disruptive new products and services by 2035, with the aim of replacing 75 % of the operating fleet by 2050 and developing an innovative, reliable, safe and cost-effective European aviation system that is able to meet the objective of climate neutrality at the latest by 2050;

(c) to expand and foster integration of the climate-neutral aviation research and innovations value chains, including academia, research organisations, industry and SMEs, also by benefiting from exploiting synergies with other national and European related programmes and by supporting the uptake of industry-related skills across the value chain.

Article 58

Additional tasks of the Clean Aviation Joint Undertaking

In addition to the tasks set out in Article 5, the Clean Aviation Joint Undertaking shall carry out the following tasks:

(a) publish on its website and on relevant Commission websites all the information necessary for the preparation and submission of proposals to open calls of the Clean Aviation Joint Undertaking;

(b) monitor and assess technological progress towards the achievement of the general and specific objectives set out in Article 57;

(c) facilitate full access to data and information for the independent impact monitoring of aviation research and innovation, carried out under the supervision of the Commission;

(d) assist the Commission upon its request with the establishment and development coordination of regulations and standards supporting market uptake of clean aviation solutions, in particular by conducting studies, simulations and providing technical advice, while taking into account the need to eliminate barriers to market entry.

Article 59

Members

The members of the Clean Aviation Joint Undertaking shall be:

(a) the Union, represented by the Commission;

(b) the founding members listed in Annex I, upon notification of their decision to accede to the Clean Aviation Joint Undertaking by means of a letter of commitment, which shall not contain conditions regarding their accession other than those set out in this Regulation;

(c) the associated members to be selected in accordance with Article 7 subject to a decision of the Governing Board.

Article 60

Union financial contribution

The Union financial contribution to the Clean Aviation Joint Undertaking, including EEA appropriations, to cover administrative costs and operational costs shall be up to EUR 1 700 000 000 , including up to EUR 39 223 000 for administrative costs.

Article 61

Contributions from members other than the Union

The members of the Clean Aviation Joint Undertaking other than the Union shall make or arrange for their constituent or affiliated entities to make a total contribution of at least EUR 2 400 000 000 , including up to EUR 39 223 000 for administrative costs, over the period set out in Article 3.

Article 62

Scope of additional activities

For the purpose of Article 11(1), point (b), additional activities may include:

(a) activities covered under the indirect actions of the Clean Aviation Joint Undertaking but not funded under such indirect actions;

(b) activities directly linked to the Clean Aviation Joint Undertaking work programme;

(c) research and innovation activities building on activities funded by the Clean Aviation Joint Undertaking or its preceding initiative;

(d) the research and innovation activities of projects with a clear link to the Strategic Research and Innovation Agenda, and co-funded under national or regional programmes within the Union;

(e) private research and innovation projects complementing projects on the Strategic Research and Innovation Agenda as well as activities contributing to the uptake of industry-specific skills across the value chain;

(f) activities leading to the deployment or uptake of project results from the Clean Aviation Joint Undertaking or its preceding initiatives, or from both, that have not received any Union funding;

(g) European standardisation and certification activities related to clean aviation solutions from the Clean Aviation Joint Undertaking projects or its preceding initiatives.

Article 63

Bodies of the Clean Aviation Joint Undertaking

The bodies of the Clean Aviation Joint Undertaking shall be:

(a) the Governing Board;

(b) the Executive Director;

(c) the states’ representatives group;

(d) the Technical Committee;

(e) the European Clean Aviation Scientific Advisory Body.

Article 64

Composition of the Governing Board

The Governing Board shall be composed as follows:

(a) two representatives of the Commission on behalf of the Union;

(b) fifteen representatives of the members other than the Union chosen by and from the founding members and associated members ensuring a balanced representation of the aeronautical value chain such as aircraft integrators, engine manufacturers and equipment manufacturers. The governing board shall establish in its rules of procedure a rotation mechanism for the allocation of the seats of the members other than the Union taking into account gender balance. The selected representatives shall include at least one representative of the European SMEs, at least two representatives of the research organisations and at least one representative of the higher education institutions.

Article 65

Functioning of the Governing Board

Article 66

Additional tasks of the Governing Board

In addition to the tasks listed in Article 17, the Governing Board of the Clean Aviation Joint Undertaking shall carry out the following tasks:

(a) oversee the relevance for clean aviation of the strategies for additional activities of the members other than the Union;

(b) promote the market uptake of technologies and solutions for contributing to achieving the European Green Deal’s objectives and ensure the achievement of the Joint Undertaking’s specific objectives set out in Article 57;

(c) pursue synergies between research and demonstration activities at regional, national or Union level that relate to the Strategic Research and Innovation Agenda and the Clean Aviation Joint Undertaking’s work programme;

(d) supervise the programme’s monitoring and assessment of the progress compared to impact indicators and the Clean Aviation Joint Undertaking’s specific objectives set out in Article 57(2);

(e) ensure the continued steering and management of the transition of the Clean Sky 2 programme technical priorities and research and innovation activities until their completion, in line with the objectives of the Clean Aviation Joint Undertaking and ensure, where relevant, the transfer of results to the Clean Aviation programme.

The Governing Board shall assess and decide in relation to the implementation of the programme and to the delivery on the Clean Aviation Joint Undertaking objectives, including on:

(a) the strategic multiannual planning of Clean Aviation calls and their alignment with the objectives of Horizon Europe and the related work programmes and the technical priorities and research actions;

(b) revisions or optimisation of the technical scope of the programme to align the work programme and the objectives of the Clean Aviation Joint Undertaking with the overall Horizon Europe and other European partnership’ related work programmes;

(c) the recommendations by advisory bodies and specific actions set out in Article 58 to increase market penetration and impact of clean aviation solutions in line with the European Green Deal and related policy actions to improve it.

Article 67

Additional tasks of the Executive Director

In addition to the tasks set out in Article 19, the Executive Director of the Clean Aviation Joint Undertaking shall carry out the following tasks:

(a) take appropriate action to manage interactions between projects supported by the joint undertaking, avoiding undue overlaps between them and boosting synergies across the whole programme;

(b) ensure that deadlines are met for the transmission of necessary information to the various bodies of the Clean Aviation Joint Undertaking;

(c) facilitate coordination by the Commission in accordance with the advice of the advisory bodies between the activities of the Clean Aviation Joint Undertaking and the relevant research and innovation activities within Horizon Europe with a view to avoiding overlaps and promoting synergies;

(d) ensure that the Joint Undertaking facilitates full access to data and information for the independent impact monitoring of aviation research and innovation carried out under the direct supervision of the Commission and takes any appropriate action needed to ensure the independence of that process from the Clean Aviation Joint Undertaking itself, such as by means of public procurement, independent evaluations, reviews or ad-hoc analysis. The programme’s monitoring and assessment report shall be presented to the Governing Board once a year;

(e) assist the Governing Board adaptations of the technical content and budget allocations of the work programme during the implementation of the Strategic Research and Innovation Agenda in order to maximise the achievements of the Clean Aviation Joint Undertaking.

Article 68

The states’ representatives group

In addition to Article 20, the states’ representatives group shall also have the following additional tasks:

(a) propose measures to improve the complementarity between the Clean Aviation Research and Innovation actions and national research programmes contributing to the objectives of the Strategic Research and Innovation Agenda, as well as with international and other national initiatives and projects;

(b) promote specific measures at national or regional level that aim to increase the involvement of SMEs in Clean Aviation Research and Innovation, including through dissemination events, dedicated technical workshops and communication, and any other actions that aim to promote cooperation and deployment of aeronautical technologies;

(c) promote research and innovation investment from Cohesion Policy funds such as the European Regional Development Funds, the European Social funds, the Just Transition Funds and Next Generation EU Funds into the context of the Clean Aviation Joint Undertaking.

Article 69

The Technical Committee

The Technical Committee shall be composed as follows:

(a) up to four Commission representatives and Union bodies, as decided by the representatives of the Union in the Governing Board;

(b) one representative from each member other than the Union;

(c) one representative of the EASA.

The Technical Committee shall carry out the following tasks:

(a) prepare proposals for the amendment of the Strategic Research and Innovation Agenda as needed for deliberation and final decision by the Governing Board;

(b) prepare proposals for the technical priorities and research actions to be included in the work programme and the research topics for open calls for proposals;

(c) provide information on research actions planned or in progress at national, regional or other non-Union levels and make recommendations on the actions necessary to maximise possible synergies of the Clean Aviation Joint Undertaking’s programme;

(d) propose for deliberation and final decision by the Governing Board revisions or optimisation of the technical scope of the programme in order to align the work programme and the objectives of the Clean Aviation Joint Undertaking with the overall Horizon Europe and other European partnerships’ related work programmes, as identified in the Strategic Research and Innovation Agenda;

(e) make recommendations on maximising the impact in line with the European Green Deal objectives and the potential market uptake of the programme’s results from indirect actions funded by the Joint Undertaking.

Article 70

The European Clean Aviation Scientific Advisory Body

Article 71

Certification of new technologies

Article 72

Derogation from the rules for participation

Where it is duly justified in the description of relevant topics in the work programme, a single legal entity established in a Member State or associated country or consortia not meeting the condition laid down in Article 22(2) of the Horizon Europe Regulation shall be eligible to participate in indirect actions funded by the Clean Aviation Joint Undertaking.

TITLE III

CLEAN HYDROGEN JOINT UNDERTAKING

Article 73

Additional objectives of the Clean Hydrogen Joint Undertaking

In addition to the objectives set out in Articles 4 and 5, the Clean Hydrogen Joint Undertaking shall have the following general objectives:

(a) to contribute to the objectives set out in the communication from the Commission of 17 September 2020 on Stepping up Europe’s 2030 climate ambition: Investing in a climate-neutral future for the benefit of our people, the European Green Deal and the European Climate Law by raising the Union’s ambition on reducing greenhouse gas emissions to at least 55 % below 1990 levels by 2030, and climate neutrality at the latest by 2050;

(b) to contribute to the implementation of the 2020 Commission’s Hydrogen Strategy for a climate neutral Europe;

(c) to strengthen the competitiveness of the Union clean hydrogen value chain, with a view to supporting, in particular for SMEs, the acceleration of the market entry of innovative competitive clean solutions;

(d) to stimulate research and innovation on clean hydrogen production, distribution, storage and end use applications.

The Clean Hydrogen Joint Undertaking shall also have the following specific objectives:

(a) improve through research and innovation, including activities related to lower TRLs, the cost-effectiveness, efficiency, reliability, quantity and quality of clean hydrogen solutions, including production, distribution, storage and end uses developed in the Union;

(b) strengthen the knowledge and capacity of scientific and industrial actors along the Union’s hydrogen value chain while supporting the uptake of industry-related skills;

(c) carry out demonstrations of clean hydrogen solutions with a view to local, regional and Union-wide deployment, aiming to involve stakeholders in all Member States and addressing renewable production, distribution, storage and use for transport and energy-intensive industries as well as other applications;

(d) increase public and private awareness, acceptance and uptake of clean hydrogen solutions, in particular through cooperation with other European partnerships under Horizon Europe.

Article 74

Additional tasks of the Clean Hydrogen Joint Undertaking

In addition to the tasks set out in Article 5, the Clean Hydrogen Joint Undertaking shall carry out the following tasks:

(a) assess and monitor technological progress and technological, economic and societal barriers to market entry, including in emerging hydrogen markets;

(b) notwithstanding the Commission’s policy prerogatives, under the Commission’s policy guidance and supervision, contribute to the development of regulations and standards with the view to eliminating barriers to market entry and to supporting interchangeability, inter-operability and trade across the internal market and globally;

(c) support the Commission, including through technical expertise, in its international initiatives on the hydrogen strategy, such as the International Partnership on the Hydrogen Economy (IPHE), Mission Innovation and the Clean Energy Ministerial Hydrogen Initiative.

Article 75

Members

The members of the Clean Hydrogen Joint Undertaking shall be:

(a) the Union, represented by the Commission;

(b) the Hydrogen Europe AISBL, a non-profit organisation registered under Belgian Law (the ‘Industry Grouping’), upon notification of its decision to accede to the Clean Hydrogen Joint Undertaking by means of a letter of commitment, which shall not contain conditions regarding its accession other than those set out in this Regulation;

(c) the Hydrogen Europe Research AISBL, a non-profit organisation registered under Belgian Law (the ‘Research Grouping’), upon notification of its decision to accede to the Clean Hydrogen Joint Undertaking by means of a letter of commitment, which shall not contain conditions regarding its accession other than those set out in this Regulation.

Article 76

Union financial contribution

The Union financial contribution to the Clean Hydrogen Joint Undertaking, including EEA appropriations, to cover administrative and operational costs shall be up to EUR 1 000 000 000 , including up to EUR 30 193 000 for administrative costs.

Article 77

Contributions from members other than the Union

The members of the Clean Hydrogen Joint Undertaking other than the Union shall make or arrange for their constituent or affiliated entities to make a total contribution of at least EUR 1 000 000 000 , including up to EUR 30 193 000 for administrative costs, over the period set out in Article 3.

Article 78

Scope of additional activities

For the purpose of Article 11(1), point (b), additional activities may include activities directly linked to the activities of the Clean Hydrogen Joint Undertaking and contributing to its objectives, including the following:

(a) pre-commercial trials and field tests;

(b) proof of concept;

(c) improvement of existing production lines for up-scaling;

(d) large scale case studies;

(e) awareness-raising activities on hydrogen technologies and safety measures;

(f) uptake of results from projects into products, further exploitation and activities within the research chain either at higher TRLs or in parallel strands of activity;

(g) the research and innovation activities of projects with a clear link to the Strategic Research and Innovation Agenda, and co-funded under national or regional programmes within the Union.

Article 79

Bodies of the Clean Hydrogen Joint Undertaking

The bodies of the Clean Hydrogen Joint Undertaking shall be the following:

(a) the Governing Board;

(b) the Executive Director;

(c) the states’ representatives group; and

(d) the stakeholders group.

Article 80

Composition of the Governing Board

The Governing Board shall be composed of the following:

(a) representatives of the Commission on behalf of the Union;

(b) six representatives of the Industry Grouping, having regard to geographical, gender, company size and sector representation;

(c) one representative of the Research Grouping.

Article 81

Functioning of the Governing Board

Article 82

Additional tasks of the Governing Board

In addition to the tasks set out in Article 17, the Governing Board of the Clean Hydrogen Joint Undertaking shall carry out the following tasks:

(a) foster synergies with relevant activities and programmes at Union, national or regional level, in particular with those supporting the deployment of research and innovation solutions, infrastructure, education and regional development on the use of clean hydrogen;

(b) provide pursuant to Article 5(2), point (b), and Article 17(n) strategic orientation as regards the collaboration with other European partnerships, including the partnerships towards zero emission road transport, zero emission waterborne, Europe’s rail, clean aviation, processes for the planet and clean steel in accordance with their respective Strategic Research and Innovation Agendas or other equivalent document;

(c) encourage market uptake of technologies and solutions for achieving the European Green Deal’s objectives;

(d) ensure that independent opinions and advice of the wider scientific community on the Strategic Research and Innovation Agenda, work programmes and developments in adjacent sectors are gathered through an independent scientific advisory workshop as part of the European Clean Hydrogen partnership forum.

Article 83

Additional tasks of the Executive Director

In addition to the tasks set out in Article 19, the Executive Director of the Clean Hydrogen Joint Undertaking shall carry out the following tasks:

(a) propose and implement activities that boost synergies with relevant activities and programmes at Union, national or regional level;

(b) support and contribute to other Union initiatives related to hydrogen, subject to approval by the Governing Board;

(c) convene, subject to approval by the Governing Board, an annual European Clean Hydrogen partnership forum, including the independent scientific advisory workshop referred to in Article 82(d); the partnership forum, where possible, shall be held jointly and in parallel with the European Hydrogen Forum of the Clean Hydrogen Alliance.

Article 84

The stakeholders group

In addition to the tasks set out in Article 22, the stakeholders group shall have the following tasks:

(a) provide input on the strategic and the technological priorities to be addressed by the Clean Hydrogen Joint Undertaking as laid down in the Strategic Research and Innovation Agenda or any other equivalent document and associated detailed technological roadmaps, taking due account of the progress and needs in adjacent sectors;

(b) provide suggestions to enable concrete synergies to take place between the Clean Hydrogen Joint Undertaking and the adjacent sectors or any sector with which synergies are deemed of added value;

(c) provide input to the European Clean Hydrogen partnership forum and to the European Hydrogen Forum of the Clean Hydrogen Alliance.

TITLE IV

EUROPE’S RAIL JOINT UNDERTAKING

Article 85

Additional objectives of the Europe’s Rail Joint Undertaking

In addition to the objectives set out in Articles 4 and 5, the Europe’s Rail Joint Undertaking shall have the following general objectives:

(a) contribute towards the achievement of the Single European Railway Area;

(b) ensure a fast transition to more attractive, user-friendly, competitive, affordable, easy to maintain, efficient and sustainable European rail system, integrated into the wider mobility system;

(c) support the development of a strong and globally competitive European rail industry.

In addition to the objectives set out in paragraph 1, the Europe’s Rail Joint Undertaking shall have the following specific objectives:

(a) facilitate research and innovation activities to deliver an integrated European railway network by design, eliminating barriers to interoperability and providing solutions for full integration, covering traffic management, vehicles, infrastructure also including integration with national gauges, such as 1 520 , 1 000 or 1 668 mm railway, and services, and providing the best answer to the needs of passengers and businesses, accelerating uptake of innovative solutions to support the Single European Railway Area, while increasing capacity and reliability and decreasing costs of railway transport;

(b) deliver a sustainable and resilient rail system by developing a zero-emission, silent rail system and climate resilient infrastructure, applying circular economy to the rail sector, piloting the use of innovative processes, technologies, designs and materials in the full life-cycle of rail systems and developing other innovative solutions to guided surface transport;

(c) develop through its System Pillar a unified operational concept and a functional, safe and secure system architecture, with due consideration of cyber-security aspects, focused on the European railway network to which Directive (EU) 2016/797 of the European Parliament and of the Council (¹¹) applies, for integrated European rail traffic management, command, control and signalling systems, including automated train operation which shall ensure that research and innovation is targeted on commonly agreed and shared customer requirements and operational needs and is open to evolution;

(d) facilitate research and innovation activities related to rail freight and intermodal transport services to deliver a competitive green rail freight fully integrated into the logistic value chain, with automation and digitalisation of freight rail at the core;

(e) develop demonstration projects in interested Member States;

(f) contribute to the development of a strong and globally competitive European rail industry;

(g) enable, promote and exploit synergies with other Union policies, programmes, initiatives, instruments or funds in order to maximise its impact and added value.

Article 86

Additional tasks of the Europe’s Rail Joint Undertaking

The Master Plan shall constitute the Europe’s Rail Joint Undertaking’s Strategic Research and Innovation Agenda within the meaning of Article 2, point (12). It shall provide guidance for the Europe’s Rail Joint Undertaking’s more specific tasks, namely:

(a) develop in its System Pillar a system view that reflects the needs of the rail manufacturing industry, the rail operating community, Member States and other rail private and public stakeholders, including bodies representing customers, such as passengers and freight and staff, as well as relevant actors outside the traditional rail sector. The ‘system view’ shall encompass: (i) the development of the operational concept and system architecture, including the definition of the services, functional blocks, and interfaces which form the basis of rail system operations; (ii) the development of associated specifications including interfaces, functional requirement specifications and system requirement specifications to feed into Technical Specifications for Interoperability (TSI) established pursuant to Directive (EU) 2016/797 or standardisation processes to lead to higher levels of digitalisation and automation; (iii) ensuring the system is maintained, error-corrected and able to adapt over time and ensure migration considerations from current architectures; (iv) ensuring that the necessary interfaces with other modes, as well as with metro and trams or light rail systems, are assessed and demonstrated, in particular for freight and passenger flows;

(b) facilitate the research and innovation activities necessary to achieve the objectives of the Europe’s Rail Joint Undertaking, including low TRLs rail-focused research and innovation activities. In that respect, the Europe’s Rail Joint Undertaking shall: (i) define and organise the research, innovation, demonstration, validation and study activities to be carried out under its authority, while avoiding fragmentation of such activities; (ii) exploit standardisation and modularity opportunities, and facilitate the interfaces with other modes and systems; (iii) develop demonstration projects; (iv) develop close cooperation and ensure coordination with related European, national and international research and innovation activities in the rail sector and beyond as necessary, in particular under Horizon Europe, thereby enabling the Europe’s Rail Joint Undertaking to play a major role in rail-related research and innovation while also benefiting from scientific and technological advances reached in other sectors; (v) ensure, through the cooperation referred to in point (iv), the translation of research into effective development effort and development of pioneering innovations and ultimately into market focused innovation through demonstration and deployment;

(c) perform any tasks necessary to achieve the objectives set out in Articles 4 and 85.

Article 87

Members

The members of the Europe’s Rail Joint Undertaking shall be:

(a) the Union, represented by the Commission;

(b) the founding members listed in Annex II, upon notification of their decision to accede to the Joint Undertaking by means of a letter of commitment, which shall not contain conditions regarding their accession other than those set out in this Regulation;

(c) the associated members to be selected in accordance with Article 7. The list of the associated members shall be endorsed by the Commission.

Article 88

Union financial contribution

The Union financial contribution to the Europe’s Rail Joint Undertaking, including EEA appropriations, to cover administrative costs and operational costs shall be up to EUR 600 000 000 , including at least EUR 50 000 000 for the System Pillar and up to EUR 24 000 000 for administrative costs.

Article 89

Contributions from members other than the Union

The members of the Europe’s Rail Joint Undertaking other than the Union shall make or arrange for their constituent or affiliated entities to make a total contribution of at least EUR 600 000 000 , including up to EUR 24 000 000 for administrative costs, over the period set out in Article 3.

Article 90

Scope of additional activities

For the purposes of Article 11(1), point (b), additional activities may include:

(a) activities covered under the indirect actions of the Europe’s Rail Joint Undertaking but not funded under such indirect actions;

(b) activities directly linked to the Europe’s Rail Joint Undertaking work programme;

(c) research and innovation activities building on activities funded by the Europe’s Rail Joint Undertaking or Shift2Rail Joint Undertaking;