The European Research Infrastructure Consortium (Amendment) (EU Exit) Regulations 2019

Citation and commencement

1.  These Regulations may be cited as the European Research Infrastructure Consortium (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

Amendments to Council Regulation (EC) No. 723/2009

2.—(1) Council Regulation (EC) No. 723/2009 on the Community legal framework for a European Research Infrastructure Consortium is amended as follows.

(2) Omit Article 1.

(3) In Article 2 (definitions) for points (a) to (c) substitute—

“(a) “Continuing ERIC Regulation” means Council Regulation (EC) No. 723/2009 as it applies in the European Union(1);

(b) “ERIC” means a European Research Infrastructure Consortium set up under the Continuing ERIC Regulation.”.

(4) Omit Articles 3 to 6.

(5) In Article 7 (status of an ERIC)—

(a) in paragraph 1 after “setting up the ERIC” insert “under the Continuing ERIC Regulation”.

(b) in paragraph 2—

(i) for “each Member State” substitute “the United Kingdom”;

(ii) for “that Member State” substitute “England and Wales, Scotland and Northern Ireland”;

(c) in paragraph 3 for “within the meaning of Article 15(c) of Directive 2004/18/EC”(2) substitute “for the purposes of regulation 9 of the Public Contracts Regulations 2015(3) and regulation 10 of the Public Contracts (Scotland) Regulations 2015(4)”.

(6) Omit Articles 8 to 13.

(7) In Article 14 (liability and insurance) omit paragraph 3.

(8) In Article 15 (applicable law and jurisdiction)—

(a) in paragraph 1(a), for the words “this Regulation” to the end substitute “the Continuing ERIC Regulation and the decisions under that Regulation setting up the ERIC and approving an amendment to the Statutes of the ERIC”;

(b) omit paragraph 3.

(9) Omit Articles 16 to 20.

(10) After Article 21 omit the sentence starting “This Regulation shall be binding”.

Claire Perry

Minister of State for Universities, Science, Research and Innovation

Department for Business, Energy and Industrial Strategy

16th January 2019