Council Regulation (EU) 2023/1782 of 25 July 2023 amending Regulation (EU) 2021/2085 establishing the Joint Undertakings under Horizon Europe, as regards the Chips Joint Undertaking (Text with EEA relevance)

‘3 In order to take into account the duration of Horizon Europe and, where applicable, DEP, calls for proposals under the joint undertakings shall be launched at the latest by 31 December 2027. In duly justified cases, calls for proposals may be launched by 31 December 2028, at the latest.’

‘2 The amount of the Union contribution specified in Part Two may be increased with contributions from third countries associated to Horizon Europe in line with Article 16(5) of the Horizon Europe Regulation and, where applicable, to DEP in accordance with Article 10(1), point (d), of Regulation (EU) 2021/694, provided that the total amount by which the Union contribution is increased is at least matched by the contribution of members other than the Union, or their constituent or affiliated entities.

3 The Union contribution shall be paid from the appropriations in the general budget of the Union allocated to the Specific Programme implementing Horizon Europe and, where applicable, to DEP, in accordance with Article 62(1), point (c)(iv), and Article 154 of Regulation (EU, Euratom) 2018/1046 in the case of bodies referred to in Article 71 of that Regulation.’

‘2 Budgetary commitments of the joint undertakings referred to in Article 3(1), points (b), (d), (g) and (h), may be divided into annual instalments. Until 31 December 2024, the cumulative amount of those budgetary commitments in instalments shall not exceed 50 % of the maximum Union contribution set out in Article 10. From January 2025, at least 20 % of the cumulative budget of the residual years shall not be covered by annual instalments.’

1 The Union financial contribution to the Chips Joint Undertaking, including EEA appropriations, shall be up to EUR 4175000000, including up to EUR 62287000 for administrative costs distributed as follows: (a) up to EUR 2725000000 from Horizon Europe; (b) up to EUR 1450000000 from DEP.

2 The Union financial contribution referred to in paragraph 1, point (a), of this Article shall be used for the Chips Joint Undertaking to provide financial support for indirect actions as defined in Article 2, point (43), of the Horizon Europe Regulation, corresponding to the research and innovation activities of the Chips Joint Undertaking, including research and innovation activities related to operational objectives 1 to 4.

3 The Union financial contribution referred to in paragraph 1, point (b), shall be used for capacity-building activities of operational objectives 1 to 4.

4 The Union financial contribution referred to in paragraph 1, point (b), shall not exceed 50 % of the total costs of the capacity-building activities.

5 Access to capacities resulting from the implementation by the Chips Joint Undertaking of operational objectives 1 to 4 shall be open to a wide range of users across the Union and granted on a transparent and non-discriminatory basis directly proportional to the financial contribution by the Union to the total costs of those activities.’

1 In addition to Article 24(2), Regulation (EU) 2021/694 shall apply to the activities funded by the Chips Joint Undertaking under DEP.

2 The work programme and the calls for proposals of the Chips Joint Undertaking shall be published on the DEP website.

3 Ex post audits of expenditure on activities funded by the DEP budget shall be carried out by the Chips Joint Undertaking in accordance with Article 27 of Regulation (EU) 2021/694.’

1 For actions funded under Horizon Europe, by way of derogation from Article 17(2), point (l), of this Regulation, where the Commission so requests, following approval of the Public Authorities Board, participation in specific actions shall be limited in accordance with Article 22(5) of the Horizon Europe Regulation.

2 For actions funded under DEP, where the Commission so requests, following approval of the Public Authorities Board, participation in specific actions shall be limited in accordance with Article 12(6) and Article 18 of Regulation (EU) 2021/694.

3 The calls for proposals provided in the specific part of the work programme dedicated to the Chips for Europe Initiative shall be open to different legal forms of cooperation and to other participants. The selection of proposals for funding shall not be based on a specific legal form of cooperation. Actions may also be carried out by legal entities cooperating within a consortium structured in a form of an European chips infrastructure consortium (ECIC) established in accordance with Article 7 of Regulation (EU) 2023/1781. The specific part of the work programme dedicated to the Chips for Europe Initiative shall specify that, where an ECIC applies for funding for a specific action, the ECIC itself, and not individual entities forming the ECIC, shall be the applicant.’

By way of derogation from Article 19(4), point (c), the Executive Director of the Chips Joint Undertaking shall prepare the work programme for the Chips Joint Undertaking on the basis of the outline prepared by the Public Authorities Board as referred to in Article 137, point (aa), and of the Strategic Research and Innovation Agenda and submit it for adoption to the Governing Board.’

1 For indirect actions funded under Horizon Europe, in accordance with Article 17(2) of the Horizon Europe Regulation and by way of derogation from Article 34 of that Regulation, and for activities funded under DEP, the Chips Joint Undertaking may apply different funding rates for the Union funding within an action depending on the type of participant, in particular SMEs and non-profit legal entities, and the type of action. The funding rates shall be indicated in the work programme.

2 By way of derogation from paragraph 1 of this Article and Article 34 of the Horizon Europe Regulation, research and innovation actions up to TRL 4 shall be funded by the Union at 100 % of the total eligible costs.

3 By way of derogation from Article 22(2) of the Horizon Europe Regulation or Article 18 of Regulation (EU) 2021/694, a competence centre or a single legal entity composed of at least three independent legal entities established in at least three different participating states, including at least one Member State, shall be eligible to participate in calls for proposals funded by the Chips Joint Undertaking under Article 134(4) of this Regulation, provided that this derogation is duly justified in the description of relevant topics in the work programme.’

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.