Navigation path

Content of the Regulation

The principal task of the ERIC is to establish and operate a research infrastructure on a non-economic basis. An ERIC may carry out limited economic activities related to its principal task. ERIC can be used for establishing new research infrastructures or for operating existing research infrastructures.

The research infrastructure must meet the requirements set out in the ERIC Regulation:

  • it is necessary for carrying out research programmes and projects
  • it represents an added value in the development of the European Research Area and significant improvement in the relevant scientific and technological fields
  • effective access is granted to the European research community in accordance with the rules established in the statutes
  • it contributes to the mobility of knowledge and/or researchers within the ERA
  • it contributes to the dissemination and optimisation of the results of the activities

Membership:

  • Member States
  • Associated countries
  • Third countries other than associated countries
  • Intergovernmental organisations

An ERIC must at all times have at least one Member State and two other countries that are either Member States or associated countries as members.

The ERIC decides on procedures for accepting new members.

Member States and associated countries must hold jointly the majority of the voting rights in the assembly of members.

A State may be represented by one or more public entities or private entities with a public-service mission, e.g. research organisations or research councils.

Internal structure:

The statutory seat must be located in an EU Member State or in an associated country.

The members must agree on the governance structure of the ERIC in the statutes. The minimum governing bodies required by the ERIC Regulation are an assembly of members, as the body with decision-making powers, and a director (or board of directors) as the executive body.

Members’ liability:

  • An ERIC is liable for its debts
  • The default regime laid down in the ERIC Regulation is liability limited to each member's contribution. Members may specify in the statutes a fixed liability above their respective contributions or unlimited liability
  • If the statutes provide for limited liability of the members, the ERIC must take appropriate insurance to cover any risks relevant to its activity

Law applicable to the internal functioning of an ERIC:

  • Union law, in particular the ERIC Regulation
  • the law of the state where the ERIC has its statutory seat
  • the statutes and their implementing rules

Public procurement procedures, VAT and excise duty:

Being considered as an international organisation within the meaning of the directive on public procurement (Directive 2004/18/EC and Directive 2014/24/EC) , an ERIC may adopt its own procurement rules based on transparency, non-discrimination and competition.

An ERIC must be recognised by the host Member State as an international body within the meaning of directive 2006/112/EC on VAT and as an international organisation within the meaning of Directive 2008/118/EC on excise duty. Associated countries, third countries other than associated countries and international organisations must give the same recognition to the ERIC of which they become members.

Exemptions may apply to goods or services acquired by the ERIC for the official use of the ERIC. Definition of the scope, limits and conditions of the exemption may be part of the statutes or contained in a separate agreement among the members or with the host State.