Acquisition and ownership of AI-optimised supercomputers

1. The Joint Undertaking shall acquire AI-optimised supercomputers and shall own them.

2. The Union financial contribution referred to in Article 5(1) shall cover up to 50 % of the acquisition costs plus up to 50 % of the operating costs of the AI-optimised supercomputers. The operating costs include the costs for AI-oriented supercomputing services.

The remaining total cost of ownership of the AI-optimised supercomputers shall be covered by the Participating State where the hosting entity is established or by the Participating States in the hosting consortium, possibly supplemented by the contributions referred to in Article 6.

3. The selection of the supplier of the AI-optimised supercomputers shall address the security of the supply chain. It shall be based on tender specifications that are demand-driven and that take into account the user requirements and the general system specifications provided by the selected hosting entity in its application for the call for expression of interest.

4. The Joint Undertaking may act as first user of AI-optimised supercomputers that integrate technologies primarily developed in the Union.

5. The Governing Board may decide in the work programme, if duly justified for security reasons, to condition the participation of suppliers in the acquisition of the AI-optimised supercomputers in accordance with Article 12(6) of Regulation (EU) 2021/694, or to limit the participation of suppliers for security reasons or where the actions directly relate to the Union’s strategic autonomy in accordance with Article 18(4) of that Regulation.

6. The AI-optimised supercomputers shall be located in a hosting entity of a EuroHPC supercomputer or a supercomputing centre located in the Union.

7. Without prejudice to the winding up of the Joint Undertaking, as referred to in Article 23(4) of the Statutes, at the earliest five years after the successful acceptance test by the AI-optimised supercomputer installed in a hosting entity, the ownership of the AI-optimised supercomputer may be transferred to that hosting entity or the AI-optimised supercomputer may be sold to another entity or decommissioned upon decision of the Governing Board and in accordance with the hosting agreement. In the case of transfer of ownership of an AI-optimised supercomputer, the hosting entity shall reimburse the Joint Undertaking the residual value of the supercomputer that is transferred. If there is no transfer of ownership to the hosting entity but a decision to decommission the AI-optimised supercomputer, the relevant costs shall be shared equally by the Joint Undertaking and the hosting entity. The Joint Undertaking shall not be liable for any costs incurred after the transfer of ownership of the AI-optimised supercomputer or after the sale or decommissioning of the AI-optimised supercomputer.’

Article 15 is amended as follows:

paragraph 1 is replaced by the following:

‘1. The Joint Undertaking may launch a call for expressions of interest to upgrade the EuroHPC supercomputers that it owns or co-owns, to raise the performance level of the supercomputer close to exascale, to increase the AI capabilities of the supercomputer, or to increase the operational performance of the supercomputer in any other way, including by means of quantum accelerators.’

paragraph 2 is deleted;

paragraph 5 is replaced by the following:

‘5. The percentage of the Union’s financial contribution for the acquisition costs of the upgrade shall be the same as the percentage of the Union’s financial contribution for the original EuroHPC supercomputer, depreciated over the expected remaining lifetime of the original supercomputer. The percentage of the Union’s financial contribution for the additional operational costs of the upgrade shall be the same as the percentage of the Union’s financial contribution for the original EuroHPC supercomputer. For the petascale supercomputers acquired during the time of application of Regulation (EU) 2018/1488 the Union financial contribution for the upgrade shall cover up to 35 % of the additional operating costs.’

Article 16 is amended as follows:

the following paragraph is inserted:

‘1a. The AI-optimised supercomputers and EuroHPC supercomputers upgraded for AI capabilities shall be used primarily for the development, testing, evaluation and validation of large scale, general purpose AI training models and emerging AI applications, as well as for the further development of AI solutions in the Union requiring High Performance Computing and the execution of large-scale AI algorithms for the resolution of science problems.’

the following paragraph is inserted:

‘2a. The Governing Board shall define special access conditions for the AI-optimised supercomputers and the EuroHPC supercomputers upgraded for AI capabilities in accordance with Article 17, taking into account the specific needs of the AI startup ecosystem and the research and innovation ecosystem. Those shall include dedicated access to startups and small and medium-sized enterprises. Only proposals for developing trustworthy and ethical AI models, systems and applications, that are in line with Union values, shall be eligible for access.’

in Article 17, paragraph 1 is replaced by the following:

‘1. The share of the Union’s access time to each high-end, quantum and AI-optimised EuroHPC supercomputer shall be directly proportional to the financial contribution of the Union referred to in Article 5(1) to the total cost of ownership of the EuroHPC supercomputer and shall thus not exceed 50 % of the total access time of the EuroHPC supercomputer.’.

COUNCIL REGULATION (EU) 2024/1732 of 17 June 2024 amending Regulation (EU) 2021/1173 as regards a EuroHPC initiative for start-ups in order to boost European leadership in trustworthy artificial intelligence