2024/459

7.2.2024

COMMISSION IMPLEMENTING DECISION (EU) 2024/459

of 1 February 2024

on setting up the European Digital Infrastructure Consortium for Networked Local Digital Twins towards the CitiVERSE (LDT CitiVERSE 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 its particular Article 14(3)(a),

Whereas:

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

(2) On 20 December 2023, Croatia, Estonia, France, Latvia, Portugal, Slovenia and Spain called on the Commission to set up the European Digital Infrastructure Consortium for Networked Local Digital Twins towards the CitiVERSE (LDT CitiVERSE EDIC). Czechia joined this request on 4 January.

(3) As the host Member State, Spain has provided a declaration in accordance with Article 14(1)(d) of Decision (EU) 2022/2481 recognising the LDT CitiVERSE EDIC as an international body within the meaning of Articles 143(1), point (g) and 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 on which the EDIC is set up.

(4) The Commission, assessed the application pursuant to Article 14(2) of Decision (EU) 2022/2481 and concluded that it met the requirements laid down in Articles 13 to 21 of Decision (EU) 2022/2481.

(5) In accordance with Article 14(3) of Decision (EU) 2022/2481, the committee set up under Article 23(1) of that Decision has been consulted for its opinion on the setting-up of the LDT CitiVERSE EDIC and has delivered a positive opinion.

(6) Artificial intelligence (AI) is a key driver in the development and roll-out of Local Digital Twins, helping cities operate more efficiently. With the European Union being at the forefront of efforts to support responsible innovation in trustworthy AI, LDT CitiVERSE EDIC will promote an emerging application area for artificial intelligence innovations and offer new opportunities for AI developers and start-ups.

(7) The task of LDT CitiVERSE EDIC shall be to implement the Networked Local Digital Twins towards a CitiVERSE in the multi-country project area of European common data infrastructure and AI-related services. In its activities in this area, LDT CitiVERSE EDIC shall develop a common joint action by EU Member States for the implementation of a strong digital ecosystem around shared infrastructural components and state-of-the-art technologies for data, AI-based services and related elements for cloud-based Smart Communities.

(8) The measures provided for in this Decision are in accordance with the opinion of the Digital Decade Committee established by Article 23(1) of Decision (EU) 2022/2481,

HAS ADOPTED THIS DECISION:

Article 1

1. The European Digital Infrastructure Consortium for the networked Local Digital Twins towards the CitiVERSE (LDT CitiVERSE) EDIC is hereby set up.

2. LDT CitiVERSE 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 LDT CitiVERSE EDIC, as agreed between its members, are annexed to this Decision.

Article 2

This Decision shall enter into force on the day it is published in the

Official Journal of the European Union

Done at Brussels, 1 February 2024.

For the Commission

The President

Ursula VON DER LEYEN

(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

(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).

ANNEX

ESSENTIAL ELEMENTS OF THE STATUTES OF THE LDT CitiVERSE EDIC

(1)

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

Article 2

Name, seat, location and working language

[…]

2. The name of the EDIC referred to in paragraph (1) shall be ‘Networked Local Digital Twins towards a CitiVERSE EDIC’, hereafter referred to as LDT CitiVERSE EDIC.

3. LDT CitiVERSE EDIC shall have its statutory seat in Valencia (Spain).

(2)

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

Article 30

Duration

1. LDT CitiVERSE EDIC shall exist for an indefinite period of time.

Article 31

Winding up

1. The winding up of LDT CitiVERSE EDIC shall be decided by the Assembly of Members in accordance with Article 11.

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

3. Assets remaining after payment of LDT CitiVERSE EDIC debts shall be apportioned among the members in proportion to their accumulated annual contribution to LDT CitiVERSE EDIC, as specified in Article 10, or transferred to another legal entity, if this entity continues EDIC's activities.

4. Without undue delay and in any event within ten days of the closure of the winding up procedure, LDT CitiVERSE EDIC shall notify the Commission about this.

(3)

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

Article 22

Liability and insurance

1. 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 Annex III.

3. The European Union shall not be liable for the LDT CitiVERSE EDIC’s debts.

(4)

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

Article 21

Tax and excise duty exemptions

1. VAT exemptions based on Articles 143(1)(g) and 151(1)(b) of Council Directive 2006/112/EC, shall be limited to purchases by LDT CitiVERSE EDIC and by members of LDT CitiVERSE EDIC which are for the official and exclusive use by LDT CitiVERSE EDIC provided that such purchase is made solely for the non-economic activities of LDT CitiVERSE EDIC in line with its activities.

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

3. Excise Duty exemptions based on Article 11(1), point (b), of Council Directive (EU) 2020/262, shall be limited to purchases by LDT CitiVERSE EDIC which are for the official and exclusive use by LDT CitiVERSE EDIC provided that such purchase is made solely for the non-economic activities of LDT CitiVERSE EDIC in line with its activities and that the purchase exceeds the value of EUR 300.

ELI: http://data.europa.eu/eli/dec_impl/2024/459/oj

ISSN 1977-0677 (electronic edition)