Commission Implementing Decision (EU) 2024/1432 of 21 May 2024 setting up the European Digital Infrastructure Consortium for European Blockchain Partnership and European Blockchain Service Infrastructure (EUROPEUM-EDIC)

Official Journal EN of the European Union L series 2024/1432 23.5.2024 COMMISSION IMPLEMENTING DECISION (EU) 2024/1432 of 21 May 2024 setting up the European Digital Infrastructure Consortium for European Blockchain Partnership and European Blockchain Service Infrastructure (EUROPEUM-EDIC) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022 establishing the Digital Decade Policy Programme 2030(1)and in particular Article 14(3)(a) thereof,

Whereas:

(1) Decision (EU) 2022/2481 empowers the Commission to set up European Digital Infrastructure Consortia (hereinafter referred to as ‘EDICs’).

(2) On 14 June 2023, Belgium, Italy, Portugal, Croatia and Slovenia submitted to the Commission an application in accordance with Article 14(1) of Decision (EU) 2022/2481 to set up the European Digital Infrastructure Consortium for European Blockchain Partnership and European Blockchain Service Infrastructure (EUROPEUM- EDIC). Luxembourg, Romania, Greece and Cyprus joined the group of Member States making that application on 7 September 2023, 30 October 2023, 31 January 2024and 5 April 2024, respectively.

(3) As the host Member State, Belgium has provided a declaration in accordance with Article 14(1)(d) of Decision

(EU) 2022/2481 recognising the EUROPEUM-EDIC as an international body within the meaning of Article 143(1), point (g) and Article 151(1), point (b) of Council Directive 2006/112/EC(2) and as an international organisation within the meaning of Article 11(1), point (b) of Council Directive (EU) 2020/262(3), from the date of its setting up.

(4) The Commission has assessed the application pursuant to Article 14(2) of Decision (EU) 2022/2481. It has concluded that the application contains all elements required in accordance with Article 14(1) of Decision

(EU) 2022/2481. Taking into account general objectives of the Digital Decade Policy Programme, notably the contribution of the proposed EDIC to the development of a comprehensive and sustainable ecosystem of interoperable digital infrastructures, and practical considerations related to the implementation of the multi-country project, in particular its technical, financial, administrative capacity of the proposed EDIC, the Commission concluded that the EDIC meets all the specific requirements laid down in Articles 13 to 21 of Decision

(EU) 2022/2481 are met.

(5) In accordance with the Statutes, the EDIC is expected to establish and operate the European Blockchain Services Infrastructure to deliver Union-wide cross-border services, in particular public services. It should in addition support cross-border cooperation between public authorities on decentralised technologies and facilitate the interoperability of solutions based on such decentralised technologies.

(6) In accordance with Article 14(3) of Decision (EU) 2022/2481, the committee setup under Article 23(1) of that Decision has been consulted for its opinion on the setting-up of the EUROPEUM-EDIC and delivered a favourable opinion on 6 May 2024.

(1) OJ L 323, 19.12.2022, p. 4, ELI: http://data.europa.eu/eli/dec/2022/2481/oj.

(2) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1, ELI:

http://data.europa.eu/eli/dir/2006/112/oj).

(3) Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty (OJ L 58, 27.2.2020, p. 4, ELI: http://data.europa.eu/eli/dir/2020/262/oj).

ELI: http://data.europa.eu/eli/dec_impl/2024/1432/oj 1/4EN OJ L, 23.5.2024

(7) In order to allow for the prompt application of the measures provided for in this Decision, namely the start of the operation of EUROPEUM-EDIC, which is urgently necessary for the orderly transition from present implementation arrangements, this Decision should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS DECISION:

Article 1 Establishment of the EUROPEUM-EDIC

1. The European Digital Infrastructure Consortium for European Blockchain Partnership and European Blockchain Service Infrastructure (EUROPEUM-EDIC) is hereby set up.

2. EUROPEUM-EDIC shall have legal personality and it shall enjoy, in each of the Member States, the most extensive legal capacity accorded to legal entities under the law of that Member State. It may, in particular, acquire, own and dispose of movable, immovable and intellectual property, conclude contracts and be a party to legal proceedings.

3. The essential elements of the statutes of EUROPEUM-EDIC, as agreed between its members, are set out in the Annex to this Decision.

Article 2 Entry into force This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 21 May 2024.

For the Commission The President Ursula VON DER LEYEN 2/4 ELI: http://data.europa.eu/eli/dec_impl/2024/1432/ojEN OJ L, 23.5.2024 ANNEX ESSENTIAL ELEMENTS OF THE STATUTES OF EUROPEUM-EDIC

(1) Corresponding to Article 17(1)(c) of Decision (EU) 2022/2481:

Article 2 Name, seat, location and working language […]

1. The name of the EDIC referred to in paragraph (1) shall be ‘EUROPEUM’, hereafter referred to as EUROPEUM- EDIC.

2. EUROPEUM-EDIC shall have its statutory seat in Brussels, Belgium.

(2) Corresponding to Article 17(1)(d) of Decision (EU) 2022/2481:

Article 34 Duration EUROPEUM-EDIC shall exist until it is wound up in accordance with Article 35.

Article 35 Winding up

1. The winding-up of EUROPEUM-EDIC shall be decided by the Assembly of members in accordance with Article 11(11)(c) of these Statutes.

2. Without undue delay and in any event within 10 days after adoption of the decision to wind up the EUROPEUM-EDIC, EUROPEUM-EDIC shall notify the European Commission about the decision.

3. Assets remaining after payment of EUROPEUM-EDIC debts shall be apportioned among the members in proportion to their accumulated annual contribution to EUROPEUM-EDIC as specified in Article 10 of these Statutes.

4. Without undue delay and in any event within 10 days of the closure of the winding-up procedure, EUROPEUM-EDIC shall notify the Commission thereof.

5. EUROPEUM-EDIC shall cease to exist on the day on which the European Commission publishes the appropriate notice in the Official Journal of the European Union.

6. The winding-up of the EUROPEUM-EDIC does not preclude the transfer of EUROPEUM-EDIC’s activities to a new legal entity. This transfer must take place in accordance with the conditions decided by the assembly of the Members and in agreement with the European Commission.

ELI: http://data.europa.eu/eli/dec_impl/2024/1432/oj 3/4EN OJ L, 23.5.2024

(3) Corresponding to Article 17(1)(e) of Decision (EU) 2022/2481:

Article 25 Liability and insurance

1. EUROPEUM-EDIC shall be liable for its debts.

2. The financial liability of the members for the debts of the EDIC shall be limited to their respective contributions provided to the EDIC, as specified in the Annex III.

3. The Union shall not be liable for EUROPEUM- EDIC’s debts.

4. EUROPEUM-EDIC shall take appropriate insurance to cover the risks specific to its activities.

(4) Corresponding to Article 17(1)(i) of Decision (EU) 2022/2481:

Article 23 Tax and excise duty exemptions

1. VAT exemptions based on Articles 143(1)(g) and 151(1)(b) of Council Directive 2006/112/EC and in accordance with Article 51 of Council Implementing Regulation (EU) No 282/2011, shall be limited to purchases by EUROPEUM-EDIC which are for the official and exclusive use by EUROPEUM-EDIC provided that such purchase is made solely for the non-economic activities of EUROPEUM-EDIC in line with its activities. The conditions to qualify for recognition as an international body for the application of Article 143(1)(g) and Article 151(1)(b) of Directive 2006/112/EC laid down in Article 50 of Implementing Regulation (EU) No 282/2011 shall be complied with mutatis mutandis by EUROPEUM-EDIC.

2. VAT exemptions shall be limited to purchases exceeding the value of EUR 300 excluding tax.

3. Excise Duty exemptions based on Article 11 of Council Directive (EU) 2020/262, shall be limited to purchases by EUROPEUM-EDIC which are for the official and exclusive use by EUROPEUM-EDIC provided that such purchase is made solely for the non-economic activities of EUROPEUM-EDIC in line with its activities and that the purchase exceeds the value of EUR 300 excluding tax.

4/4 ELI: http://data.europa.eu/eli/dec_impl/2024/1432/oj