Article 28 Statutes and Amendments

These Statutes shall be kept up to date and made publicly available on the website of the ERIC and at its statutory seat.

Subject to Article 28(4), any amendments to these Statutes shall be approved as a Reserved Matter by the General Assembly. Any amendments to these Statutes other than those referred to in Article 28(6) shall be submitted to the European Commission by the ESS ERIC within 10 days after its adoption by the General Assembly.

Any amendment to the Statutes shall be clearly indicated with a note specifying whether the amendment concerns an essential or non-essential element of the Statutes in accordance with Article 11 of Regulation (EC) No 723/2009 and the procedure followed for its adoption.

Following submission of the adopted changes to the European Commission in accordance with Article 28(2), the European Commission may raise an objection to such amendment within 60 days from the submission giving reasons why the amendment does not meet the requirements of this Regulation.

The amendment adopted in accordance with Article 28, shall not take effect before the period for objection mentioned under Article 28 has expired or has been waived by the European Commission or before any objection raised by the European Commission has been lifted.

Any amendment of the Statutes concerning the matters referred to in Article 1(2) (Name) and (4) (Statutory Seat) and Articles 2 (Tasks and Activities), 20 (Procurement Policy), 21 (Liabilities), 22 (Scientific Evaluation and Dissemination Policy), 23 (Intellectual Property Rights Policy and Data Policy), 24 (Employment Policy) and 25 (Duration and Winding-Up) which have been approved by the Members as a Reserved Matter will only take effect after the European Commission has expressly approved such amendment and the decision of the European Commission granting approval of the changes has come into force.

When approaching the European Commission for approval under Article 28(2) or (6), the ESS ERIC shall submit the text of the amendment proposed and an amended consolidated version of the Statutes to the European Commission.