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2nd EGI Workshop 13-14 March 2008 ROME

2nd EGI Workshop 13-14 March 2008 ROME. Legal structures, Location bidding, Statutes Anne-Claire Blanchard - CNRS/IN2P3 -. DISCLAIMER. What is presented here is clearly a draft for discussion prepared by the Legal Structure TF and agreed by EGI-DS MB

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2nd EGI Workshop 13-14 March 2008 ROME

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  1. 2nd EGI Workshop 13-14 March 2008ROME Legal structures, Location bidding, Statutes Anne-Claire Blanchard - CNRS/IN2P3 -

  2. DISCLAIMER • What is presented here is clearly a draft for discussion prepared by the Legal Structure TF and agreed by EGI-DS MB • It is based upon a number of assumptions, which will be explained next • Feedback on this proposal, not only from the NGIs representatives, but also from the experts and Application Communities that they support, is clearly required and is actively solicited www.eu-egi.org

  3. Objective:  Present the current stand of the process underway to: • Find an appropriate legal structure for EGI • Find a location • Prepare the Statutes of EGI www.eu-egi.org

  4. 1. Find an appropriate legal structure for EGI: Methodology • Identify important structural elements Financial Issues Mode of creation Objectives/Activities Autonomy Liability Governance www.eu-egi.org

  5. Take into account all EGI specificities • Distributed resources, budget repartition… Acknowledge functional requirements (thanks to interfaces within EGI_DS Consortium) • EGI will not own any production hardware • EGI will need a team of around 80 people to perform all the desired functions • Staff distributed between central location and NGIs • Permanent sustainable structure with some autonomy www.eu-egi.org

  6. The EGI legal framework can therefore be defined: • Autonomous legal entity • Fastness of creation • Not for profit organisation but ability to provide services to third parties • Open to public and private NGI organisations.. • …residing in any European country • Limited liability www.eu-egi.org

  7. Analyse various types of legal structures • Fast and easy to create • Reference Legal framework NATIONAL • Membership limited to EU Members • European dimension COMMUNITY Creation of a new pan-European entity/label underway • Require intergovernmental agreement • Privileges, Independance, Autonomy INTERNATIONAL www.eu-egi.org

  8. The European Research Infrastructure (ERI) • Nature: scientific non-commercial character; provides world class research services; European character (membership and pan-European interest – majority members from the EU member states, but non-EU members allowed) • Membership: states and/or legal entities designated by them; non-EU countries can participate; EC not a member of the ERI • Seat and Location: headquarters located in the EU • Staff: specific derogation from a national law possible • Liability of members: limitation of liability • Procedure: A Council Regulation would set up an ERI framework; each ERI would then be negotiated separately • The proposed ERI encompasses issues of financing (EIB loans, tax/VAT), staffing (contracts, pensions), IPR, commercial involvement. • Timetable: -Elaboration of draft Regulation (May-June 2008); -Adoption by the Commission of the proposal (July 2008); -Submission to the Council and the European Parliament (September 2008); -Adoption by the Council (December 2008) www.eu-egi.org

  9. Remaining possibilities: • National Structures: • Association, Foundation • Company Limited by Guarantee • Société Civile • New pan-European structure - ERI • CALL FOR TENDER LOCATION ??? www.eu-egi.org

  10. DRAFT 2. Find a location: • Content of the call: • Purpose:define location of EGI central office • Requirements: • Propose a site to host the EGI central team (up to 50 people) • Propose legal structure(s) based on the local law satisfying the EGI requirements • Eligibility:future EGI members • Prerequisite:existence of an adequate legal structure • Schedule: • xx/xx/2008 – Opening of call for tender • Month 0-4 – Reception of bids • Month 4-6 – 1st Evaluation  Short List • Month 6-8 – 2nd Evaluation  Decision www.eu-egi.org

  11. DRAFT • Selection process: • Election of an evaluation group composed of 3-4 volunteer AB members and taskforces from the EGI_DS Consortium (WPs4-5) • Evaluation group reports to AB who votes on short list and gives a mandate to the Evaluation Group • The second evaluation stage requires that short-listed candidates present their bid publicly to the AB • Final decision requires a majority of 2/3 of all AB members. www.eu-egi.org

  12. DRAFT • Evaluation criteria for the site: • Accomodation • Place & facility, cost, meeting facilities, expansion possibilities • Technical Facilities • General infrastructure, IT/telecommunications, ease of access • Fiscal Environment • Profit rules, taxes, VAT, currency • Employment conditions • Salary costs, income tax, social security, work permits, contracts • Quality of environment • Schools, housing, public transportation, cultural features www.eu-egi.org

  13. DRAFT 3. Preparation of the Convention in parallel: • Purpose: • ensure the long-term sustainability of the European e-infrastructure • coordinate the integration and interaction between National Grid Initiatives • “subsidiarity principle” = tasks that are more effectively performed at the national or regional level should be left to the National Grid Initiatives • ensure pan-European Grid operation and coordination - aiming at standardization wherever reasonable www.eu-egi.org

  14. DRAFT • Membership: • Founding members: NGIs • Associate members (no vote) : International Organisations of European Interest + ?? • Observers • Budget – Contributions: • Keys and types of contribution (basic activities, projects, services, third party contributions) and instalments repartition to be defined • Key examples: Terena key, GDP… www.eu-egi.org

  15. DRAFT EGI EGI Council EGI Director Chief Admin. Officer Chief Operation. Officer Chief Technical Officer Admin & PR Group Operation Group Developmt Group • Council = Members + Associated members • EGI Policy, staff establishment & employment conditions • EGI budget, contributions, expenditures, accounts • Projects & Activities - Governance: • Director: • Nominated by Council for x years • Represents EGI • Appoints staff • Prepares accounts and budgets www.eu-egi.org

  16. - Open Issues: • Definition of basic and other activities vs. budget • Contribution repartition • Definition of NGIs (criteria for membership) • Extent of limitation of liability • Voting rights • Privileges needed (VAT, procurement, taxation) www.eu-egi.org

  17. Thank you! Contact: acblanchard@admin.in2p3.fr Our Legal Expert Team is here to answer any question: Angela Goehring-Crinon (CERN) Béatrice Merlin-Noël (CNRS)                                 www.eu-egi.org

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