Security rules
1. Article 12 Regulation (EU) 2021/694 shall apply to participation in all actions funded by the Competence Centre.
2. The following specific security rules shall apply to actions funded by Horizon Europe:
(a)
for the purposes of Article 38(1) of Regulation (EU) 2021/695, when provided for in the annual work programme, the grant of non-exclusive licences may be limited to third parties that are established or deemed to be established in a Member State and are controlled by that Member State or by nationals of that Member State;
(b)
for the purposes of point (b) of the first subparagraph of Article 40(4) of Regulation (EU) 2021/695, the transfer or license to a legal entity established in an associated country or established in the Union but controlled from third countries shall be grounds for objecting to transfers of ownership of results or to grants of an exclusive license regarding results;
(c)
for the purposes of point (a) of the first subparagraph of Article 41(7) of Regulation (EU) 2021/695, when provided for in the annual work programme, the granting of access rights, as defined in point (9) of Article 2 of that Regulation, may be limited to a legal entity that is established or deemed to be established in a Member State and is controlled by that Member State or by nationals of that Member State.
Transparency
1. The Competence Centre shall carry out its activities with a high level of transparency.
2. The Competence Centre shall ensure that the public and any interested parties are given appropriate, objective, reliable and easily accessible information in a timely manner, in particular with regard to the results of its work. It shall also make public the declarations of interest made in accordance with Article 43. Those requirements shall also apply to the national coordination centres, the Community and the Strategic Advisory Group in accordance with relevant law.
3. The Governing Board, acting on a proposal from the Executive Director, may authorise interested parties to observe the proceedings of some of the Competence Centre’s activities.
4. The Competence Centre shall lay down in the rules of procedure of the Governing Board of the Competence Centre and of the Strategic Advisory Group the practical arrangements for implementing the transparency rules referred to in paragraphs 1 and 2 of this Article. For actions funded by Horizon Europe, those rules and arrangements shall take account of Regulation (EU) 2021/695.
Gender balance
In the implementation of this Regulation, when nominating candidates or proposing representatives, the Commission, Member States and other institutional and private sector stakeholders shall choose representatives from several candidates, where possible, and with the aim of ensuring gender balance.
Security rules on the protection of classified information and sensitive non-classified information
1. After approval by the Commission, the Governing Board shall adopt the security rules of the Competence Centre. Those security rules shall apply the security principles and rules laid down in Commission Decisions (EU, Euratom) 2015/443 ( 19 ) and (EU, Euratom) 2015/444 ( 20 ) .
2. Members of the Governing Board, the Executive Director, external experts participating in ad hoc working groups, and members of the staff of the Competence Centre shall comply with the confidentiality requirements under Article 339 TFEU, even after their duties have ceased.
3. The Competence Centre may take the necessary measures to facilitate the exchange of information relevant to its tasks with the Commission and the Member States and, where appropriate, the relevant Union institutions, bodies, offices and agencies. Any administrative arrangements concluded to that end with regard to the sharing of EU classified information (EUCI) or, in the absence of such arrangements, any exceptional ad hoc release of EUCI, shall have received the Commission’s prior approval.
Access to documents
1. Regulation (EC) No 1049/2001 shall apply to documents held by the Competence Centre.
2. The Governing Board shall adopt arrangements for implementing Regulation (EC) No 1049/2001 by 29 December 2021.
3. Decisions taken by the Competence Centre pursuant to Article 8 of Regulation (EC) No 1049/2001 may be the subject of a complaint to the Ombudsman under Article 228 TFEU or of an action before the Court of Justice of the European Union under Article 263 TFEU.
Monitoring, evaluation and review
1. The Competence Centre shall ensure that its activities, including those managed through the national coordination centres and the Network, shall be subject to continuous and systematic monitoring and periodic evaluation. The Competence Centre shall ensure that the data for monitoring the implementation and results of the Union funding programmes referred to in point (b) of Article 4(3) are collected efficiently, effectively, and in a timely manner, and shall impose proportionate reporting requirements on recipients of Union funds and Member States. The conclusions of that evaluation shall be made public.
2. Once there is sufficient information available about the implementation of this Regulation, and in any event no later than 30 months after the date provided for in Article 46(4), the Commission shall prepare an implementation report on the activities of the Competence Centre, taking into account the preliminary input of the Governing Board, the national coordination centres and the Community. The Commission shall submit that implementation report to the European Parliament and to the Council by 30 June 2024. The Competence Centre and Member States shall provide the Commission with the information necessary for the preparation of that report.
3. The implementation report referred to in paragraph 2 shall include assessments of:
(a)
the working capacity of the Competence Centre with regard to its mission, objectives, mandate and tasks and the cooperation and coordination with other stakeholders, in particular the national coordination centres, the Community and ENISA;
(b)
the results achieved by the Competence Centre, having regard to its mission, objectives, mandate and tasks, and in particular the efficiency of the Competence Centre in coordinating Union funds and pooling expertise;
(c)
the consistency of implementation tasks with the Agenda and the multiannual work programme;
(d)
the coordination and cooperation of the Competence Centre with the Programme Committees of Horizon Europe and the Digital Europe Programme, in particular with a view to increasing consistency and synergies with the Agenda, the annual work programme, the multiannual work programme, Horizon Europe and the Digital Europe Programme;
(e)
joint actions.
4. After submission of the implementation report referred to in paragraph 2 of this Article, the Commission shall carry out an evaluation of the Competence Centre, taking into account the preliminary input from the Governing Board, the national coordination centres and the Community. That evaluation shall refer to or update, as necessary, the assessments referred to in paragraph 3 of this Article and shall be carried out before expiry of the period specified in Article 47(1), in order to determine in a timely manner whether it is appropriate to extend the duration of the mandate of the Competence Centre beyond that period. That evaluation shall assess legal and administrative aspects regarding the mandate of the Competence Centre and the potential to create synergies and avoid fragmentation with other Union institutions, bodies, offices and agencies.
If the Commission considers that the continuation of the Competence Centre is justified with regard to its mission, objectives, mandate and tasks, it may make a legislative proposal to extend the duration of the mandate of the Competence Centre set out in Article 47.
5. On the basis of the conclusions of the implementation report referred to in paragraph 2, the Commission may take appropriate actions.
6. The monitoring, evaluation, phasing out and renewal of the contribution from Horizon Europe shall be carried out in accordance with Articles 10, 50 and 52 of Regulation (EU) 2021/695 and agreed implementation arrangements.
7. The monitoring, reporting and evaluation of the contribution from the Digital Europe Programme shall be carried out in accordance with Articles 24 and 25 of Regulation (EU) 2021/694.
8. In the event of a winding-up of the Competence Centre, the Commission shall conduct a final evaluation of the Competence Centre within six months of the winding-up of the Competence Centre, and in any event no later than two years after the triggering of the winding-up procedure referred to in Article 47. The results of that final evaluation shall be submitted to the European Parliament and to the Council.
Legal personality of the Competence Centre
1. The Competence Centre shall have legal personality.
2. In each Member State, the Competence Centre shall enjoy the most extensive legal capacity accorded to legal persons under the law of that Member State. It may, in particular, acquire or dispose of movable and immovable property and may be party to legal proceedings.
Liability of the Competence Centre
1. The contractual liability of the Competence Centre shall be governed by the law applicable to the agreement, decision or contract in question.
2. In the case of non-contractual liability, the Competence Centre shall make good any damage caused by its staff in the performance of their duties, in accordance with the general principles common to the laws of the Member States.
3. Any payment by the Competence Centre in respect of the liability referred to in paragraphs 1 and 2 and the costs and expenses incurred in connection therewith shall be considered to be expenditure of the Competence Centre and shall be covered by its resources.
4. The Competence Centre shall be solely responsible for meeting its obligations.
Jurisdiction of the Court of Justice of the European Union and applicable law
1. The Court of Justice of the European Union shall have jurisdiction:
(a)
to give judgement pursuant to any arbitration clause contained in decisions adopted by, or agreements or contracts concluded by, the Competence Centre;
(b)
in disputes related to compensation for damage caused by the staff of the Competence Centre in the performance of their duties;
(c)
in any dispute between the Competence Centre and its staff within the limits of and under the conditions laid down in the Staff Regulations.
2. Regarding any matter not covered by this Regulation or by other legal acts of the Union, the law of the Member State where the seat of the Competence Centre is located shall apply.
Liability of the Union and the Member States and insurance
1. The financial liability of the Union and the Member States for the debts of the Competence Centre shall be limited to their contribution already made for the administrative costs.
2. The Competence Centre shall take out and maintain appropriate insurance.
Conflicts of interest
The Governing Board shall adopt rules for the prevention, identification and resolution of conflicts of interest in respect of its members, bodies and staff, including the Executive Director. Those rules shall contain the provisions intended to avoid a conflict of interest in respect of the representatives of the members serving in the Governing Board as well as the Strategic Advisory Group, in accordance with the Financial Regulation, including provisions on any declarations of interest. The national coordination centres shall be subject to national law with regard to conflicts of interest.
Protection of Personal Data
1. The processing of personal data by the Competence Centre shall be subject to Regulation (EU) 2018/1725.
2. The Governing Board shall adopt implementing measures as referred to in Article 45(3) of Regulation (EU) 2018/1725. The Governing Board may adopt additional measures necessary for the application of that Regulation by the Competence Centre.
Support from the host Member State
An administrative agreement may be concluded between the Competence Centre and the host Member State in which its seat is located concerning privileges and immunities and other support to be provided by that Member State to the Competence Centre.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
