The ELIXIR Provisional Membership Scheme ELIXIR/2014/9.1 Vera Herkommer Joint Head of Legal Services Legal Advisor to ELIXIR

To seek approval of the ELIXIR Provisional Membership Scheme Purpose of the paper To seek approval of the ELIXIR Provisional Membership Scheme

Background Spanish request at the ELIXIR Interim Board Meeting in November 2013: sign ECA provisionally take on financial obligations take part in ELIXIR with immediate effect Time-consuming ratification of international treaties in Spain but also in other prospect countries Bird & Bird expert report: ECA requires all national ratification procedures to be completed before its entry into force

Action taken Board consensus: ELIXIR Legal Advisor – general policy governing the terms and conditions of a Provisional Membership Proposal of the ELIXIR Provisional Membership Scheme Aims: 1. Accommodate prospective ELIXIR Member States with time-consuming ratification procedures 2. Establish rights & obligations of full Member

Application for Provisional Membership Following documents need to be sent to Board: Application (full ELIXIR & Provisional Member) Signed ECA Declaration accepting terms &conditions of PMS Evidence of initiation of ratification procedures Evidence of payment of the annual membership contribution Board approval enters into force once payment was made

Full ELIXIR Membership Timeline Completion of national ratification procedures Provisional signature of the ECA Application to the ELIXIR Board Board approval Payment of annual membership contribution, which enters Provisional Membership into force Provisional Membership Full ELIXIR Membership Two years

Terms and Conditions General principle: Provisional Members have the same rights and obligations as full ELIXIR Members in the ECA. pay financial contributions voting rights at ELIXIR Board meetings suspension if membership contributions are overdue for six months or longer liability does not cease after the end of the Provisional Membership

Duration of the Provisional Membership Time limit of 2 years Provisional Members have to report about the status of the ratification process Possible extension for one further year Withdrawal: shorter notice period Suspension of voting rights for non-payment Expulsion

ELIXIR Nodes Right of proposal for Node Applicants Collaboration agreement for the duration of the Provisional Membership Provisional Member becomes a full Member: Board may extend collaboration agreement Provisional Member is no longer part of ELIXIR: collaboration agreement is terminated unless the ELIXIR Board decides otherwise

Board Decision Unanimous decision in accordance with article 6.2.4.a of the ECA: “… determine any conditions of its (interested entity) accession by unanimous vote of the ELIXIR Members.”

Board Decision Changes to Provisional Membership Scheme 3.3 Voting Rights (old version) Subject to Art. 3.7 of the PMS, the voting rights of a Provisional Member may be suspended if the payment of Membership contributions is overdue for six months. 3.3 Voting Rights (new version): Subject to Article 3.7 of the PMS, the voting rights of a Provisional Member ceases automatically upon being identified by the Board as a Defaulting Member State.

Board Decision 3.7 Suspension of rights of Provisional Members as Board Members Old version If a Provisional Member fails to make a payment of its contribution six months after the date notified by the ELIXIR Director in accordance with Article 5.1.3 of the ECA, the ELIXIR Board may identify the country as a defaulting Member State and decide to suspend its rights, in particular those linked to representation in the ELIXIR Board (eg. voting rights) New version As soon as a Provisional Member is in delay of its annual contribution following Art. 5.1.3 of the ECA, the Provisional Member becomes a Defaulting Member in the sense of Art 4.4.1 and Art 6.2.7 of the ECA and its rights, in particular those linked to representation in the ELIXIR Board (e.g. voting rights), cease automatically.

Board Decision 3.8 Expulsion of the PM by the ELIXIR Board Deletion of first sentence under 3.8.c: The ELIXIR Board may decide to suspend the rights of the defaulting Member, in particular those linked to ist representation in the ELIXIR Board.