Wednesday 26th September 2018

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View Commission's Position on Recital 11

EU Commission's Position

As adopted 14th September, 2016

Recital 11

Definition of “research organisation”

Research organisations across the Union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services. Due to the diversity of such entities, it is important to have a common understanding of the beneficiaries of the exception.

Despite different legal forms and structures, research organisations across Member States generally have in common that they act either on a not for profit basis or in the context of a public-interest mission recognised by the State.

Such a public-interest mission may, for example, be reflected through public funding or through provisions in national laws or public contracts.

At the same time, organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members, which may result in preferential access to the results of the research, should not be considered research organisations for the purposes of this Directive.

View Council's Position on Recital 11

EU Council's Position

As adopted 25th May, 2018

Recital 11

Definition of “research organisation”

Research organisations across the Union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services.

The term “scientific research” within the meaning of this Directive covers both the natural sciences and the human sciences. Due to the diversity of such entities, it is important to have a common understanding of research organisations.

They should for example cover entities such as research institutes, hospitals carrying out research, universities, including university libraries, or other higher education institutions.

Despite different legal forms and structures, research organisations across the Member States generally have in common that they act either on a not for profit basis or in the context of a public-interest mission recognised by the State.

Such a public-interest mission may, for example, be reflected through public funding or through provisions in national laws or public contracts.

Conversely, organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members, which may result in preferential access to the results of the research, should not be considered research organisations for the purposes of this Directive.

EU Commission's Position

As adopted 14th September, 2016

View Council's Position on Recital 11

Recital 11

Definition of “research organisation”

Research organisations across the Union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services. Due to the diversity of such entities, it is important to have a common understanding of the beneficiaries of the exception.

Despite different legal forms and structures, research organisations across Member States generally have in common that they act either on a not for profit basis or in the context of a public-interest mission recognised by the State.

Such a public-interest mission may, for example, be reflected through public funding or through provisions in national laws or public contracts.

At the same time, organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members, which may result in preferential access to the results of the research, should not be considered research organisations for the purposes of this Directive.

EU Council's Position

As adopted 25th May, 2018

View Commission's Position on Recital 11

Recital 11

Definition of “research organisation”

Research organisations across the Union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services.

The term “scientific research” within the meaning of this Directive covers both the natural sciences and the human sciences. Due to the diversity of such entities, it is important to have a common understanding of research organisations.

They should for example cover entities such as research institutes, hospitals carrying out research, universities, including university libraries, or other higher education institutions.

Despite different legal forms and structures, research organisations across the Member States generally have in common that they act either on a not for profit basis or in the context of a public-interest mission recognised by the State.

Such a public-interest mission may, for example, be reflected through public funding or through provisions in national laws or public contracts.

Conversely, organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members, which may result in preferential access to the results of the research, should not be considered research organisations for the purposes of this Directive.

EU Parliament's Position

As adopted 12th September, 2018

Update 14th September 2018: This proposal is the version adopted by the EU Parliament on 12th September 2018. Emboldened text denotes an amendment.

Recital 11

Definition of “research organisation”

Research organisations across the Union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services. Due to the diversity of such entities, it is important to have a common understanding of the beneficiaries of the exception.

Despite different legal forms and structures, research organisations across Member States generally have in common that they act either on a not for profit basis or in the context of a public-interest mission recognised by the State.

Such a public-interest mission may, for example, be reflected through public funding or through provisions in national laws or public contracts.

At the same time, organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members, which may result in preferential access to the results of the research, should not be considered research organisations for the purposes of this Directive.