1. The European Digital Infrastructure Consortium for Digital Commons (‘DC-EDIC’) is hereby set up.
2. DC-EDIC shall have legal personality, and it shall enjoy, in each of the Member States, the most extensive legal capacity accorded to legal entities under the law of that Member State. It may, in particular, acquire own and dispose of movable, immovable and intellectual property, conclude contracts and be a party to legal proceedings.
3. The essential elements of the statutes of DC-EDIC, as agreed between its members, are set out in the Annex to this Decision.
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union .
ESSENTIAL ELEMENTS OF THE STATUTES OF DC-EDIC
ANNEXSupplementary provisions
ANNEX
ESSENTIAL ELEMENTS OF THE STATUTES OF DC-EDIC
1.
In accordance with Article 17(1), point (c), of Decision (EU) 2022/2481:
Article 2
Name, seat, location and working language
[…]
2. The name of the EDIC referred to in paragraph (1) is ‘Digital Commons EDIC’, hereafter referred to as DC-EDIC.
3. DC-EDIC shall have its statutory seat in Paris, France.
2.
In accordance with Article 17(1), point (d), of Decision (EU) 2022/2481:
Article 31
Duration
DC-EDIC shall exist for an indefinite period of time until it is wound up in accordance with Article 32
Article 32
Winding up
1. The winding up of DC-EDIC shall be decided by the Assembly of Members in accordance with Article 13.
2. Without undue delay and in any event within 10 days after adoption of the decision to wind up DC EDIC, DC-EDIC shall notify the European Commission about the decision. DC-EDIC shall cease to exist on the day on which the European Commission publishes the appropriate notice in the Official Journal of the European Union .
3. Assets remaining after payment of DC-EDIC debts shall be apportioned among the members in proportion to their accumulated annual contribution to DC-EDIC as specified in Article 12 or transferred to another legal entity to the extent that this entity continues EDIC’s activities.
4. Without undue delay and in any event within 10 days of the closure of the winding up procedure, DC-EDIC shall notify the Commission thereof.
3.
In accordance with Article 17(1), point (e), of Decision (EU) 2022/2481:
Article 23
Liability and insurance
1. DC-EDIC is liable for its debts.
2. The financial liability of the members for the debts of DC-EDIC is limited to their respective financial contributions provided to the DC-EDIC, as specified in Annex III.
3. The European Union is not liable for DC-EDIC’s debts.
4. DC-EDIC shall take appropriate insurance to cover the risks related to its activities.
4.
In accordance with Article 17(1), point (i), of Decision (EU) 2022/2481:
Article 22
Tax and excise duty exemptions
1. VAT exemptions based on Articles 143(1)(g) and 151(1)(b) of Directive 2006/112/EC, shall be limited to purchases by DC-EDIC and by members of DC-EDIC which are for the official and exclusive use by DC-EDIC provided that such purchase is made solely for the non-economic activities of DCEDIC in line with its activities.
2. VAT exemptions shall be limited to purchases exceeding the value of EUR 300.
3. Excise Duty exemptions based on Article 11(1), point (b), of Council Directive (EU) 2020/262, shall be limited to purchases by DC-EDIC which are for the official and exclusive use by DC-EDIC provided that such purchase is made solely for the non-economic activities of DC-EDIC in line with its activities and that the purchase exceeds the value of EUR 300.
