European Life Sciences Infrastructure for Biological Information Transition Phase from the ELIXIR MoU to ELIXIR ECA Financial, Legal and Governance Arrangements ELIXIR/2013/5.1 Vera Herkommer Head of Legal Services to International Relations Legal Advisor to ELIXIR

Context The ELIXIR MoU entered into force in September 2011 to remain in effect until the ECA enters into force. New Situation: – ECA will enter into force once it has been signed by 5 countries and EMBL by the end of (UK, Sweden, CH and EMBL have signed already) – ECA Signatories will become members of the ELIXIR Board which will replace the Interim Board

Two Questions 1.What happens with those countries that have signed the original MoU but have not yet ratified the ECA? 2.What about new countries that would like to join ELIXIR but that are unable to ratify the ECA straightaway?

Signatories of the original MoU… …that have signed the ECA become full members of the ELIXIR Board. …that have not yet signed the ECA will be granted Observer Status (for two years) without financial commitments. …that have not yet signed the ECA, but are contributing to the ELIXIR budget as if they were a full member will be granted Speaking Rights at the ELIXIR Board meetings.

Duration of Transition Phase Validity of the original MoU Original MoU normally replaced by ECA. Validity of original MoU extended until the end of 2014 to allow for a transition phase. Extension for another year until end of 2015 possible.

Extension of Transition Phase Further extension of transition phase: Extension for two more years possible for countries… …that have not yet signed the ECA will be granted Observer Status (for two years) but need to pay 30% of normal contribution. …that have not yet signed the ECA, but are contributing to the ELIXIR budget as if they were a full member will be granted Speaking Rights at the ELIXIR Board meetings.

Countries that did not sign the original MoU before the ECA entered into force that… 1.want to join ELIXIR, 2.confirm to undertake all necessary steps to ratify the ECA, and 3.evaluate the possibility to contribute financially to the ELIXIR budget may sign a revised MoU

Signatories of the revised MoU… …that have merely signed the revised MoU will be granted Observer Status …that also contribute to the ELIXIR budget as if they were a member will be granted Speaking Rights at the ELIXIR Board Meetings The revised MoU terminates and the transition phase ends two years after the signature towards the end of the financial year.

Next Step: Board Decision 1.Grant Observer Status to countries that have not signed the ECA yet. 2.Extend the validity of the original MoU until December Approve revised MoU and invite new countries to join ELIXIR and to sign the revised MoU.