Establishment of the EDIC for Agri-Food
1. The European Digital Infrastructure Consortium for Agri-Food (EDIC for Agri-Food) is hereby set up.
2. The EDIC for Agri-Food 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 the EDIC for Agri-Food, as agreed between its members, are set out in the Annex to this Decision.
Entry into force
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 THE EDIC FOR AGRI-FOOD
ANNEXSupplementary provisions
ANNEX
ESSENTIAL ELEMENTS OF THE STATUTES OF THE EDIC FOR AGRI-FOOD
1)
Essential elements corresponding to Article 17(1), point (c) of Decision (EU) 2022/2481:
Article 2
Name, seat, location and working language
1. The name of the EDIC referred to in paragraph (1) shall be ‘EDIC for Agri-Food’, hereinafter referred to as EDIC for Agri-Food.
2. The EDIC for Agri-Food shall have its statutory seat in France, Paris.
2)
Essential elements corresponding to Article 17(1), point (d) of Decision (EU) 2022/2481:
Article 28
Duration
The EDIC for Agri-Food shall exist for an indefinite period of time.
Article 29
Winding up
1. The winding up of the EDIC for Agri-Food shall be decided by the Assembly of Members in accordance with Article 10.
2. Without undue delay and in any event within 10 days after adoption of the decision to wind up the EDIC, the EDIC for Agri-Food shall notify the European Commission about the decision.
3. Assets remaining after payment of the EDIC for Agri-Food debts shall be apportioned among the Members in proportion to their accumulated annual contribution to the EDIC for Agri-Food as specified in Article 9 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, the EDIC for Agri-Food shall notify the Commission thereof.
5. The EDIC for Agri-Food 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)
Essential elements corresponding to Article 17(1), point (e) of Decision (EU) 2022/2481:
Article 21
Liability and insurance
1. The EDIC for Agri-Food shall be liable for its debts.
2. The financial liability of the Members for the debts of the EDIC shall be limited to their respective contributions provided to the EDIC, as specified in the Annex III.
3. The Union shall not be liable for the EDIC’s debts.
4. The EDIC for Agri-Food shall take appropriate insurance to cover the risks specific to its activities.
4)
Essential elements corresponding to Article 17(1), point (i) of Decision (EU) 2022/2481:
Article 20
Tax and excise duty exemptions
1. VAT exemptions based on Articles 143(1)(g) and 151(1)(b) of Council Directive 2006/112/EC, shall be limited to purchases by the EDIC for Agri-Food and by Members of the EDIC for Agri-Food which are for the official and exclusive use by the EDIC for Agri-Food provided that such purchase is made solely for the non-economic activities of the EDIC for Agri-Food 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 the EDIC for Agri-Food which are for the official and exclusive use by EDIC for Agri-Food provided that such purchase is made solely for the non-economic activities of EDIC for Agri-Food in line with its activities and that the purchase exceeds the value of EUR 300.
