Recommendations on how to address the challenges related to the ERIC Regulation and its implementation for the relevant WPs of EF2

Since the establishment of a Regulation on a Community legal framework based on Article 171 of the EC Treaty in 2009 the ERIC regulation1 became the gold standard for the setup of a European Research Infrastructure Consortium (ERIC) and other European non-ERICs. The ERIC concept is at the heart of implementing the European Research Area (ERA): with the provision of an easy-to-use legal framework on governance, operational, and scientific matters it has facilitated the formation of consortia of Member States, reduced fragmentation and duplication of efforts in the research and innovation ecosystem, and improved the coordination of the development and construction of cutting-edge and cost-effective research infrastructures responding to scientific and global challenges. The success and impact of ERICs and the ERIC regulation on the European research and innovation landscape cannot be overstated. However, over the past fourteen years, the now 28 ERICs have been exposed to the reality of the implementation of the ERIC regulation, including the effective use of the EC Practical Guidelines for the Implementation of the ERIC Regulation, and to the specific challenges in their disciplines and national context. Indeed, the requirement to follow and implement respective laws of the host countries led to various interpretations of the Regulation preventing Member States and the management of the ERICs to leverage the full potential of the ERICs. While ERICs and their surrounding ecosystems vary greatly, a set of common challenges can be identified. They are categorised in this report as follows: (1) challenges with governance and organisational matters, (2) financial sustainability, (3) varying national laws and contexts that entail hurdles for the ERIC recognition, (4) the implementation of the VAT exemptions, (5) the limited and non-economic activities, (6) mobility and employment of highly skilled personal, and (7) internationalisation. The present report intends to summarise the collective operational experiences of ERICs to sharpen the understanding of the issues and challenges. It was commented on by ERIC Directors and validated by Antje Keppler and Allen Weeks, respectively Chair and Vice-Chair of the ERIC Forum. It is a starting point for a more systematic consultation of all ERICs, at a later stage, in the framework of WP12 (`Addressing the challenges of the implementation of the ERIC Regulation, including the VAT exemption´). Furthermore, it will feed the work of several WPs of the EF2 project whose scope covers the topics mentioned above (WP4 `ERICs and European Science Policy & Research Strategy (Implementation Action 8)´; WP5 `Sustainability of ERIC services, including service integration and/or interoperability and access´; WP6 `ERIC alignment on EU policy priorities and visibility in the national arena´; WP7 `International dimension of ERICs´; WP11 `Implementation of the ERIC Regulation: Strategy on European employment contracts´; WP13 `Implementation of the ERIC regulation - Challenges of distributed, multi-site and single-site ERICs´). The report can also prepare the grounds for the revision of the EC practical guidelines for the implementation of the ERIC Regulation2 and for a revision of the ERIC Regulation itself, should it be required. Indeed, while the guidelines serve as guidance, the Regulation should be used to set the future pathways of ERICS: a changing society with transforming scientific and societal developments such as digitisation and FAIRification of research, greening or open access in times of pandemic and wars needs a solid ERIC regulation adapted to contemporary challenges.