The Primary task of the ERIC is to establish and operate a Research Infrastructure.
This task has to be pursued on a non-economic basis. Limited economic activities are however possible.
Conditions for the Research Infrastructure:
An ERIC must at all times have at least three Member States as members.
The ERIC decides on procedures for accepting new members. It has to provide fair conditions for other EU Member States to join.
Member States must jointly hold 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.
The statutory seat has to be located in an EU Member State or in a country associated to the Community research, technological development and demonstration programmes.
Operations and further sites of the ERIC may be located either in or outside the EU.
The members agree on the governance structure of the ERIC in the statutes.
The structure has to include two mandatory bodies: a members’ assembly and either a director or a board of directors.
Law applicable to the internal functioning of an ERIC:
Public procurement procedures, VAT and excise duty:
ERICs will not be bound by the procedures of the Public Procurement Directive but may set their own procurement rules based on transparency, non-discrimination and competition. This follows from Article 7.3 of the ERIC Regulation, according to which an ERIC is an international organisation within the meaning of the Public Procurement Directive ¹.
ERICs will also be exempted from paying VAT and excise duty because each ERIC will be recognised as an international body/organisation for the purposes of the Directives on VAT ² and excise duty ³ by the country hosting its seat.
1. Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, OJ L 134, 30.4.2004, p. 114-240