Research infrastructures offered EU legal umbrella 

The Commission adopted a proposal for a Regulation on the Community legal framework for a European Research Infrastructures (ERI) on 16 July 2008.

The framework is aimed at facilitating the joint establishment and operation of research facilities of European interest between the EU 27 and associated countries. 

Indeed, as ERIs will be established as international bodies, they will be exempted from VAT, explained Research Commissioner Janez Potočnik. The new framework will however only apply to new ventures, with existing ones such as Switzerland-based CERN, retaining their existing status. 

According to the Commission, the proposed framework was developed "in response to requests from the member states and the scientific community," which have indicated that the available national and international legal structures do not allow them to establish ERIs. 

Studies show that existing legal forms under national law, such as the French Société Civile, the German Gesellschaft mit beschränkter Haftung (GmbH)  or the UK Limited Liability Company (Ltd) "do not fulfil the needs" of ERIs - nor do the international or Community legal frameworks such as international or intergovernmental organisations or the European Economic Interest Grouping.  

The legal framework would state that an ERI would be a legal entity 

• with legal personality and full legal capacity recognised in all member states;
• based on membership with very flexible internal structure; 
• ruled by Community law, the law of the State of the statutory seat or of the State of operationm, and;
• exempted from VAT and excise duties, with its procurement procedures unaffected by the Directive on public procurement. 

As for the Commission's participation in ERIs, the EU executive does not exclude the possibility of becoming a member of certain individual infrastructures. No EU money is foreseen for them, but all ERIs "could compete" for funding under the Community R&D Framework Programme, said Potočnik. 

He also said an EU legal framework could be proposed for other types of EU research cooperation activities and networks as well if "a need was expressed from bottom-up" from member states and other stakeholders.

The proposal for a regulation is one of five policy initiatives constituting the follow-up to the 2007 review of the European Research Area (ERA).

The final report  of the public consultation on the future of the ERA showed that Belgium, Finland, France, Germany, Ireland, Norway, Poland and Spain welcome the idea of a European legal framework and a governance structure for new infrastructures. 

The Netherlands does not consider this essential and the UK underlines the central role of member states "in defining requirements and constructing infrastructures" but could accept a role for the Commission "as a broker and facilitator" of the identification of needs.

Belgium also noted that a greater EU financial contribution would be necessary "so that larger countries are not the only ones able to host major infrastructures". Austria and Turkey would also like to see common European investments in large-scale projects "in a regionally balanced way so that infrastructures are fully accessible across the ERA".