ERA Act

02INTRODUCTION

Following up on the reports by Mario Draghi and Enirco Letta, which promoted the idea of a "fifth freedom" and brought up new ideas how to enhance competitiveness through research and innovation, the European Commission has started an initiative for introducing binding legislation to advance ERA, on the basis of Articles 179/1 and 182/5 TFEU. The EU's legislative competence for measures necessary for implementing the ERA was established by the Lisbon Treaty, which entered into force in 2009. So far, this competence has only been used for recommendations, continuing the voluntary approach that has charactarised ERA up to now. Most Member States have rejected binding ERA legislation so far, therefore this path has not been pursued by the Commission. However, the current global situation of multiple crises and increasing pressure on Europe's competitveness have created a new context and generated new momentum for bringing ERA to the next level.

The Mission Letter to Commissioner for Start-ups, Research and Innovation Ekaterina Zaharieva as well as the EC Communication on the Competitivenss Compass include and outline the project of proposing binding legislation for ERA under the working title “ERA Act”. Several strands of measures are under discussion for being included in the ERA Act. The Commission has announced its proposal for the ERA Act to be presented by the third quarter of 2026 and to include the following:

  • a new coordination mechanism to accelerate the EU's advancement towards the 3% R&D investment target;
  • reinforcing the alignment of R&I funding in the ERA along strategic priorities;
  • a number of policy areas to improve the framework conditions for R&I in Europe and reduce fragmentation, such as research careers, freedom of scientific research, research infrastructures, etc.

The Commission has carried out a "call for evidence" which was closed on 10 Sept. 2025. On 13 October, the Commission launched the public consultation on the ERA Act. it will be open unteil 5 Jan.2026.

Call for Evidence on the ERA Act (closed on 10 Sept. 2025)