COMMISSION IMPLEMENTING DECISION (EU) 2025/1238

| Official Journal of the European Union | EN L series ---|---|--- * * * | 2025/1238 | 27.6.2025 ---|---|--- COMMISSION IMPLEMENTING DECISION (EU) 2025/1238 of 25 June 2025 setting up the International Centre for Advanced Studies on River-Sea Systems European Research Infrastructure Consortium (DANUBIUS-ERIC) (notified under document C(2025) 3989) (Only the Czech, Dutch, English, German, Italian and Romanian texts are authentic) (Text with EEA relevance) 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), and in particular Article 6(1), point (a), thereof, Whereas: (1) | Austria, Czechia, Italy, Moldova, the Netherlands, Romania and the United Kingdom submitted to the Commission an application in accordance with Article 5(1) of Regulation (EC) No 723/2009 to set up the International Centre for Advanced Studies on River-Sea Systems European Research Infrastructure Consortium (DANUBIUS-ERIC) (‘the application’). ---|--- (2) | The applicants have agreed that Romania would be the host Member State of DANUBIUS-ERIC. ---|--- (3) | Regulation (EC) No 723/2009 has been incorporated in the Agreement on the European Economic Area (EEA) by Decision of the EEA Joint Committee No 72/2015 (2). ---|--- (4) | The Commission has, pursuant to Article 5(2) of Regulation (EC) No 723/2009, assessed the application and concluded that it meets the requirements set out in that Regulation. In the course of the assessment, the Commission obtained the views of independent experts in the field of Environment. ---|--- (5) | The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 20 of Regulation (EC) No 723/2009, ---|--- HAS ADOPTED THIS DECISION: Article 1 1\. The International Centre for Advanced Studies on River-Sea Systems European Research Infrastructure Consortium (DANUBIUS-ERIC) is set up. 2\. The essential elements of the Statutes of DANUBIUS-ERIC as referred to in Article 6(3) of Regulation (EC) No 723/2009 are set out in the Annex. Article 2 This Decision is addressed to the Republic of Austria, the Czech Republic, the Italian Republic, the Republic of Moldova, the Kingdom of the Netherlands, Romania and the United Kingdom of Great Britain and Northern Ireland. Done at Brussels, 25 June 2025. For the Commission Ekaterina ZAHARIEVA Member of the Commission * * * (1) Council Regulation (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC) (OJ L 206, 8.8.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/723/oj). (2) Decision of the EEA Joint Committee No 72/2015 of 20 March 2015 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2016/755] (OJ L 129, 19.5.2016, p. 85, ELI: http://data.europa.eu/eli/dec/2016/755/oj). * * * ANNEX ESSENTIAL ELEMENTS OF THE STATUTES OF DANUBIUS-ERIC 1\. Name and statutory seat (Article 1 of the Statutes of DANUBIUS-ERIC) | 1. | There shall be a European distributed research infrastructure called the ‘International Centre for Advanced Studies on River-Sea Systems’, hereinafter referred to as ‘DANUBIUS’. ---|---|--- | 2. | DANUBIUS shall have the legal form of a European Research Infrastructure Consortium (ERIC) under Regulation (EC) No 723/2009 and be named ‘DANUBIUS-ERIC’. ---|---|--- | 3. | DANUBIUS-ERIC shall be operational in DANUBIUS-ERIC member countries, as well as in other countries where it has concluded relevant agreements. ---|---|--- | 4. | DANUBIUS-ERIC shall have its statutory seat in Murighiol, Tulcea County (Romania). ---|---|--- 2\. Objective, task and activities (Article 2 of the Statutes of DANUBIUS-ERIC) | 1. | The main objective and task of DANUBIUS-ERIC is to establish and operate a pan-European distributed research infrastructure to facilitate and contribute excellent science on the continuum from river source to sea; to offer state-of-the art research infrastructure; and to provide the integrated knowledge required to sustainably manage and protect River-Sea Systems. DANUBIUS-ERIC shall be supported by the DANUBIUS Partners, who shall provide major scientific equipment or sets of instruments, research facilities, resources and related services to the DANUBIUS Components and through them to Users, enabling the conduct of top-level research in their respective fields. ---|---|--- | 2. | To this end, DANUBIUS-ERIC shall provide an effective governance framework, coordinate and harmonize the activities carried out by the DANUBIUS Components in relation to river-sea systems. In particular, it shall undertake and coordinate the following activities: | a) | subject to the access policy, provide a single point of access for applications to use the DANUBIUS Components; ---|--- b) | facilitation of relevant European and international research programmes and projects; ---|--- c) | mobilisation of relevant knowledge, build research capacity and encourage mobility of researchers to increase the European intellectual potential and lead international research on river-sea systems; ---|--- d) | development of technology, standards and protocols to advance studies in fresh, ground and coastal, marine and transitional water systems; ---|--- e) | build collaboration and synergies with other research infrastructures in Europe and worldwide; ---|--- f) | use of the DANUBIUS research infrastructure and expertise in support of research on river-sea systems worldwide; ---|--- g) | enter into agreements with third parties in order to achieve its objective and carry out its tasks; and ---|--- h) | any other related activity that promotes the achievement of DANUBIUS-ERIC main objectives and task. ---|--- | 3. | DANUBIUS-ERIC, through its Components, shall provide effective access to facilities, services, advice and data to promote and drive interdisciplinary research and innovation across river-sea systems. For this purpose, DANUBIUS-ERIC may enter into Service Level Agreements which sets out the terms and conditions on which DANUBIUS Components shall provide resources and services to the DANUBIUS-ERIC, to other DANUBIUS Components and to Users. ---|---|--- | 4. | DANUBIUS-ERIC shall pursue its main task on a non-economic basis, however it may carry out limited economic activities, provided that they are closely related to its main task and that they do not jeopardize the achievement thereof. Any income generated by these limited economic activities shall be used by DANUBIUS-ERIC to further its main objectives and task. ---|---|--- 3\. Duration and Winding up (Article 3 of the Statutes of DANUBIUS-ERIC) | 1. | DANUBIUS-ERIC shall exist for an indefinite period of time. ---|---|--- | 2. | The winding up of the DANUBIUS-ERIC shall require a decision by the General Assembly in accordance with Article 17(6)(c). ---|---|--- | 3. | Without undue delay and in any event within ten working days of the winding up decision, the DANUBIUS-ERIC shall notify the European Commission of its decision. ---|---|--- | 4. | Assets remaining after payment of DANUBIUS-ERIC debts shall be apportioned among the members in proportion to their annual accumulated contribution to DANUBIUS-ERIC over the last five consecutive years prior to winding up. ---|---|--- | 5. | Without prejudice to Article 4, liabilities remaining after winding up, shall be apportioned among the members in proportion to their accumulated annual contribution to DANUBIUS-ERIC, as set out in Annex 2, not exceeding the amount of one average annual contribution in the last five consecutive years prior to the year when the decision to wind-up DANUBIUS-ERIC was taken. ---|---|--- | 6. | Within 10 days after the closure of the winding-up procedure, DANUBIUS-ERIC shall notify the European Commission thereof. ---|---|--- | 7. | The DANUBIUS-ERIC shall cease to exist on the day on which the European Commission publishes the appropriate notice in the Official Journal of the European Union. ---|---|--- 4\. Liability and insurance (Article 4 of the Statutes of DANUBIUS-ERIC) | 1. | DANUBIUS-ERIC shall be liable for its debts. ---|---|--- | 2. | The members shall not be jointly liable for the debts of DANUBIUS-ERIC. ---|---|--- | 3. | The financial liability of the members for DANUBIUS-ERIC’s debts shall be limited to their respective annual contribution to DANUBIUS-ERIC. ---|---|--- | 4. | DANUBIUS-ERIC shall take appropriate insurance to cover the risks specific to its activities. ---|---|--- 5\. Intellectual property rights poliy (Article 5 of the Statutes of DANUBIUS-ERIC) | 1. | Subject to any contract between DANUBIUS-ERIC and Users, intellectual property rights created, obtained or developed by Users shall be owned by those Users. ---|---|--- | 2. | Subject to any contract between DANUBIUS-ERIC and a DANUBIUS Partner, intellectual property rights created, obtained or developed by a DANUBIUS Partner shall be owned by the DANUBIUS Partner. ---|---|--- | 3. | Subject to any contract between DANUBIUS-ERIC and a DANUBIUS Component, intellectual property rights created, obtained or developed by a DANUBIUS Component shall be owned by the DANUBIUS Component. ---|---|--- | 4. | Intellectual property rights created, obtained or developed by DANUBIUS-ERIC shall be owned by DANUBIUS-ERIC. ---|---|--- | 5. | DANUBIUS-ERIC shall adopt a policy on intellectual property rights, for approval by the General Assembly. ---|---|--- 6\. Dissemination policy (Article 6 of the Statutes of DANUBIUS-ERIC) | 1. | DANUBIUS-ERIC shall be a facilitator of research and shall, as a general rule, apply open science and open access principles to research data as further developed in the DANUBIUS-ERIC’s IPR and Data policies. ---|---|--- | 2. | DANUBIUS-ERIC shall, as a general rule, encourage Users to make their research results publicly available or publish in peer-reviewed scientific literature, to present at scientific conferences, as well as in other media, social or otherwise, targeted at larger audiences (including without limitation the general public, the press, citizen groups and for education purposes). ---|---|--- | 3. | DANUBIUS-ERIC shall use several channels to reach the target audiences, including web portal, newsletter, workshops, presence in conferences, articles in magazines, daily newspapers and any other relevant media. ---|---|--- 7\. Access Policy (Article 7 of the Statutes of DANUBIUS-ERIC) | 1. | DANUBIUS-ERIC shall maintain secure, fair and transparent procedures to provide access to DANUBIUS Components and services to Users. ---|---|--- | 2. | DANUBIUS-ERIC shall adopt an access policy, for approval by the General Assembly. ---|---|--- 8\. Scientific Evaluation Policy (Article 8 of the Statutes of DANUBIUS-ERIC) | 1. | The activities of DANUBIUS-ERIC shall be evaluated every five years by an independent panel, composed of international experts of the highest quality, appointed by the General Assembly. ---|---|--- | 2. | The expert panel shall evaluate DANUBIUS-ERIC activities, scientific and strategic orientation as well as the operation of the DANUBIUS Components. Special attention shall be given to the fulfilment of User requirements. ---|---|--- | 3. | The results of the evaluations shall be reported to the General Assembly. ---|---|--- 9\. Employment policy (Article 9 of the Statutes of DANUBIUS-ERIC) | 1. | DANUBIUS-ERIC employment policy shall be governed by the laws of the country in which staff is employed or usually carry out their activities. ---|---|--- | 2. | Vacant positions at DANUBIUS-ERIC shall follow a transparent, non-discriminatory procedure and respect the principles of equal opportunity, subject to applicable labour laws. ---|---|--- 10\. Procurement policy (Article 10 of the Statutes of DANUBIUS-ERIC) | 1. | DANUBIUS-ERIC shall adopt its own procurement rules, to be approved by the General Assembly. ---|---|--- | 2. | The procurement rules shall respect the principles of transparency, non-discrimination and competition. ---|---|--- | 3. | Purchases made by the DANUBIUS Partners, intended exclusively for use by the DANUBIUS Components for the purpose of fulfilling the objective and tasks of DANUBIUS-ERIC, shall be awarded and organised in accordance with the procurement rules of DANUBIUS-ERIC. ---|---|--- * * * ELI: http://data.europa.eu/eli/dec_impl/2025/1238/oj ISSN 1977-0677 (electronic edition) * * *