COMMISSION DECISION
of 17 March 2011
setting up the SHARE-ERIC
(2011/166/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC) (1),
Whereas:
(1)
Regulation (EC) No 723/2009 empowers the Commission to set up European Research Infrastructure Consortia (hereinafter referred to as ‘ERICs’).
(2)
The Czech Republic, the Federal Republic of Germany, the Kingdom of the Netherlands and the Republic of Austria have on 14 December 2010 requested the Commission to set up the Survey of Health, Ageing and Retirement in Europe as a European Research Infrastructure Consortium (SHARE-ERIC), the Kingdom of Belgium has joined this request on 21 January 2011, and Switzerland has requested to be included as observer in the SHARE-ERIC.
(3)
The Kingdom of the Netherlands has provided a declaration recognising SHARE-ERIC as international body in the sense of Articles 143(g) and 151(1)(b) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (2) and an international organisation in the sense of the second indent of Article 23(1) of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products (3) as of its setting up.
(4)
The Commission, in response to its obligations set out in Article 5(2) of Regulation (EC) No 723/2009 has assessed the application and concluded that it meets the requirements set out in Regulation (EC) No 723/2009.
(5)
In accordance with Article 6(1) and Article 20 of Regulation (EC) No 723/2009 the committee set up under Article 20 of that Regulation has been consulted for its opinion on the setting-up of the SHARE-ERIC and has delivered a favourable opinion.
(6)
SHARE-ERIC is expected to become an important asset to other major European research and innovation initiatives on population ageing such as the proposed Joint Programming Initiative more years - better lives, The Ambient Assisted Living Joint Programme and the European Innovation Partnership on Active and Healthy Ageing,
HAS ADOPTED THIS DECISION:
Sole Article
Establishment of the SHARE-ERIC
1. A European Research Infrastructure Consortium for the Survey of Health, Ageing and Retirement in Europe named SHARE-ERIC is hereby set up according to Regulation (EC) No 723/2009.
SHARE-ERIC shall have legal personality as of the date this Decision takes effect 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.
2. The statutes of SHARE-ERIC, as agreed between its members, are annexed to this Decision. Their amendment is subject to the provisions in the statutes and to Article 11 of Regulation (EC) No 723/2009. The Statutes shall be publicly available on the website of the ERIC and at its statutory seat.
3. This Decision shall enter into force on the third day following its publication in the Official Journal of the European Union.
4. It shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 March 2011.