
Article 1 
Regulation (EC) No 521/2008 is hereby amended as follows:

((1)) in Article 6, paragraph 2 is replaced by the following:
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2. The FCH Joint Undertaking may have its own internal audit capability.';
((2)) the Annex is amended in accordance with the Annex to this Regulation.
Article 2 
Notwithstanding Article 12(3) of the Annex to Regulation (EC) No 521/2008, this amending Regulation shall not affect the rights and obligations arising under the grant agreements and other contracts concluded by the FCH Joint Undertaking before the entry into force of this Regulation. In particular, it shall not affect the upper funding limits set out therein.
Article 3 
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
However, point 2(a) of the Annex to this Regulation shall apply from 14 July 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 14 November 2011.
For the Council
The President
M. SAWICKI
ANNEX

The Statutes of the Fuel Cells and Hydrogen Joint Undertaking as set out in the Annex to Regulation (EC) No 521/2008 are hereby amended as follows:

((1)) Article 2 is amended as follows:

((a)) in paragraph 2, the first and second indents are replaced by the following:
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— ensure that its contribution to the resources of the FCH Joint Undertaking, in accordance with Article 12 of these Statutes, is provided in advance as a cash contribution to cover 50 % of the running costs of the FCH Joint Undertaking and transferred to the budget of the FCH Joint Undertaking in agreed instalments,
— ensure that industry’s contribution to the achievement of the RTD activities funded by the FCH Joint Undertaking, together with contributions from other beneficiaries, at least matches the Union contribution,';
((b)) in paragraph 3, second subparagraph, the fourth indent is replaced by the following:
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— ensure that its contribution to the resources of the FCH Joint Undertaking, in accordance with Article 12 of these Statutes, is provided in advance as a cash contribution to cover 1/12 of the running costs of the FCH Joint Undertaking and transferred to the budget of the FCH Joint Undertaking in agreed instalments.';
((2)) Article 12 is amended as follows:

((a)) paragraph 3 is replaced by the following:
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3. The operational costs of the FCH Joint Undertaking shall be covered through the financial contribution of the Union, and through in-kind contributions from the legal entities participating in the activities. The contribution from the participating legal entities shall at least match the financial contribution of the Union.Receipts shall be dealt with in accordance with the Rules of Participation set out in the Decision No 1982/2006/EC.This paragraph shall apply from the date on which the Research Grouping became member of the FCH Joint Undertaking.';
((b)) in paragraph 7, the second and third subparagraphs are replaced by the following:
'If the assessment determines that the in-kind contribution from the participating legal entities does not reach the required level, the Commission may reduce its contribution the following year.If it is determined that, for 2 consecutive years, the in-kind contribution from the participating legal entities does not reach the required level the Commission may propose to the Council to terminate the FCH Joint Undertaking.';
((3)) the following paragraph is added to Article 15:
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4. The Governing Board may decide to specify a minimum level of funding for each category of participant for a particular Call for proposals.'.
