COUNCIL REGULATION (EU) 2021/2085 of 19 November 2021 establishing the Joint Undertakings under Horizon Europe and repealing Regulations (EC) No 219/2007, (EU) No 557/2014, (EU) No 558/2014, (EU) No 559/2014, (EU) No 560/2014, (EU) No 561/2014 and (EU) No 642/2014 - text published in the Official Journal of the European Union

Objective

To set up nine joint undertakings for the implementation of institutionalised European partnerships and determine their objectives, tasks, membership, organisation and other operating rules.

Summary

The following joint undertakings are set up as Union bodies for a period ending on 31 December 2031 and financed under the Mmultiannual financial framework for 2021-2027:

• the Circular Bio-based Europe Joint Undertaking;
• the Clean Aviation Joint Undertaking;
• the Clean Hydrogen Joint Undertaking;
• the Europe’s Rail Joint Undertaking;
• the Global Health EDCTP3 Joint Undertaking;
• the Innovative Health Initiative Joint Undertaking;
• the Key Digital Technologies Joint Undertaking;
• the Single European Sky ATM Research 3 Joint Undertaking;
• the Smart Networks and Services Joint Undertaking.

Structure of the Regulation

The Regulation comprises three parts and three Annexes:

• Part One: Common provisions. This part consists of:
  • Title I: General provisions, containing the subject matter, the relevant definitions, the list of the joint undertakings and some basic rules.
  • Title II: Functioning of the joint undertakings, containing provisions for various specific aspects of the joint undertakings. These are applicable to all of them, unless otherwise specified.
    • Objectives and tasks sets the global objectives and the guiding principles, applicable to the joint undertakings.
    • Members, contributing partners and contributions describes the types of members and their contributions.
    • Organisation of the joint undertakings defines the structures and bodies to be used in the joint undertakings (governing board, executive director and advisory bodies)
    • Financial and operational provisions includes provisions for planning, repoting, sources of financing, protection of the financial interests, performing audits and access to information.
    • Staff and liability contains provisions regarding the human resources as well as the liabilities of the joint undertaking, its bodies and staff
    • Dispute resolution defines the role of the Court of Justice of the European Union regarding disputes, related to the joint undertakings and specifies that the law of the state where the seat of the joint undertaking is located is applicable in case a specific matter is not covered by the legislation of the European Union.
    • Winding up contains provisions for concluding the joint undertakings, including the distribution of any surplus left after covering the liabilities.
• Part Two: Specific provisions of individual joint undertakings. This part is divided into nine subparts (called "titles"), each of which contains provisions that are specific for a particular joint undertaking.
• Part Three: Final provisions. These include provisions for monitoring, support from the State and initial actions as well as the transitional provisions and the date of entry into force. Seven of the joint undertakings (the exceptions being the Global Health EDCTP3 and Smart Networks and Services joint undertakings) are appointed as successors to previous joint undertakings in respect of all contracts, liabilities and acquired property. 
• Annex I: Founding members of the Clean Aviation Joint Undertaking
• Annex II: Founding members of the Europe’s Rail Joint Undertaking
• Annex III: Founding members of the Single European Sky Research 3 Joint Undertaking

Joint Undertakings Objectives

The general objectives of the joint undertakings are to:

• strengthen and integrate the scientific, innovation and technological capacities and facilitate collaborative links across the Union to support the creation and diffusion of high-quality new knowledge and skills
• secure sustainability-driven global leadership and resilience in key technologies and industries in line with relevant Union policies
• develop and accelerate the uptake of innovative solutions throughout the Union addressing climate, environmental, health, digital and other global challenges

The joint undertakings are expected to:

• enhance the critical mass and scientific and technological capabilities and competences in collaborative, cross-sectoral, cross policy, cross-border and interdisciplinary research and innovation
• accelerate the green and digital transitions as well as economic, social and societal transformations in areas and sectors of strategic importance for Union priorities
• enhance the research and innovation capabilities and performance of existing and new European innovation ecosystem and economic value chains, including in start-ups and SMEs;
• accelerate the deployment, uptake and diffusion of innovative solutions, technologies, services and skills
• deliver environmental, energy, resource-saving, societal, circularity and productivity improvements in new products, technologies, applications and services

In addiiton to the common objectives, each Joint Undertaking is expected to achieve specific objectives in its field.

SESAR 3 Joint Undertaking

The general objectives of SESAR 3 are to:

• strengthen the research capacity in the ATM sector
• strengthen the competitiveness of air transport and ATM services’ markets
• develop and accelerate the market uptake of innovative solutions to establish the Single European Sky airspace as the most efficient and environmentally friendly sky to fly in the world

The SESAR 3 Joint Undertaking is expected to achieve the following specific objectives:

• develop a research and innovation ecosystem covering the entire ATM and U-space airspace value chains allowing to build the Digital European Sky defined in the [[European ATM Master plan]], enabling the collaboration and coordination between ANSPs and airspace users to ensure a single harmonised Union ATM system for both manned and unmanned operations
• develop and validate ATM solutions supporting high levels of automation
• develop and validate the technical architecture of the Digital European Sky
• support an accelerated market deployment of innovative solutions through demonstrators
• coordinate the prioritisation and planning for the Union’s ATM modernisation efforts
• facilitate the development of standards for the industrialisation of SESAR solutions

Notes:

• "U-space airspace" means an unmanned airborne system (UAS) geographical zone designated by Member States, where UAS operations are only allowed to take place with the support of U-space services provided by a U-Space service provider.
• "Digital European Sky" refers to the vision of the European ATM Master Plan, seeking to transform Europe’s aviation infrastructure enabling it to handle the future growth and diversity of air traffic safely and efficiently, while minimising environmental impact.

SESAR 3 is appointed as successor to SESAR, which was established by the now repealed Regulation 219/2007.

Entry into Force

The Regulation entered into force in November 2021.

This Regulation repeals:

• Regulation 219/2007
• Regulation 557/2014
• Regulation 558/2014
• Regulation 559/2014
• Regulation 560/2014
• Regulation 561/2014 
• Regulation 642/2014 

Amendment

This Regulation was amended in 2023 by Regulation 2023/1782. This amendment was focused on the "Key Digital Technologies Joint Undertaking" (now referred to as "Chips Joint Undertaking").

Regulation 2021/2085 Establishing Joint Undertakings under Horizon Europe (OJ, 30.11.2021)

Further  Reading

European Commission

• EUR-Lex Portal: Regulation 2021/2085 (available in different languages and file formats)