Setting-up CERIC-ERIC: Lessons Learnt Geneve, July 15 th 2014 Carlo Rizzuto ESS ERIC High Level Advisory MeetingPresident Elettra – Sincrotrone Trieste S.C.p.A.

Scope and Field of activity CERIC – ERIC aims at: integrate resources in the Analysis and Synthesis of Materials and Biomaterials at nano-level give “free open access” to international users induce continuous improvement of instruments, education, development of technologies. support a faster alignment of East and West EU Countries in advanced R&D.

-- Nine Countries: (Austria, Croatia, Czech Republic, Hungary, Italy, Poland, Romania, Serbia, Slovenia), open to other interested countries (6 founders). -- Each one contributes “in kind”, by/through a “Partner Facility” accepted through international evaluation -- and will contribute “in kind” to operation by access time and appropriate upgrades, according to agreed programs -- only in special circumstances there may be money contributions, but it is expected that there will be “cross- border” “in kind” contributions -- costs of central seat borne by hosting Country Membership & Understanding

INCENTIVES The aspects which most convinced the Members (Governments) to enter were (besides the Science aspects): ---Drive towards continuous improvement of their own existing and future investments, people, returns, by open access ---Costs advantages, by tax exemptions also on the “in kind contributions” ……This last aspect was critical and took time to be developed in discussion with TAXUD.

Amendments to Statute By the EC one Representing Entity per Member tax exemptions apply only for purchases made by CERIC-ERIC or by its Members (for the official and exclusive use of CERIC-ERIC) Not in Statute but no objection that a Member hands over to ONE representing entity the possibility/delegate power to apply tax exemption, but………..be careful!!!! And have ironclad process therefore new statutory body: IAEC for the verification/certification of compliance for in-kind contributions.

Relevant parts of Statute - Art. 2 Definition and role of Representing Entities and Partner Facilities - Art. 5 Objectives, Tasks and Activities - Art. 6 (1)(a) Resources: [Resources made available to CERIC-ERIC shall consist of: (a)] «contributions in-kind by the Members or Representing Entities for ordinary activities of CERIC-ERIC»; - Art. 7 (5) agreement on limits and conditions for the exercise of the tax exemptions - Policies (basic principles): Art. 8 Users’ Access; Art. 18 Human resources; Art. 19 IPRs, Data; Art. 20 Technology Transfer and relation with Industry; Art. 21 Procurement Policies; Art. 22 Communication and Dissemination

Governance Statutory Organs -General Assembly (Art. 11 and 12): two delegates for each Member; one Member = one indivisible vote; full decision-making power -Executive Director (Art. 13): executive body and legal representative -Board of Directors of Partner Facilities (Art. 14): advisory body (consultation by ED); oversees the coordination of the implementation of strategies approved by GA; shall maintain coherence and consistency across CERIC-ERIC and collaboration between the Members -International Scientific and Technical Advisory Committee (ISTAC) (Art. 15): advice on strategic issues and scientific and technical activities -International Audit Expert Committee (IAEC) (Art. 16): verification/certification of compliance for in-kind contributions

Implementing process First CERIC WG meeting Memorandum of Understanding: Austria, Croatia, Czech Republic, Hungary, Italy, Poland, Romania, Serbia, Slovenia ERIC step1: Austria, Croatia, Czech Republic, Hungary, Italy, Poland, Romania, Serbia, Slovenia Joint Declaration: Austria, Croatia, Czech Republic, Hungary, Italy, Poland, Romania, Serbia, Slovenia ERIC step2: Italy (statutory seat), Austria, Czech Republic, Slovenia Reply from the EC: TAXUD objections (Statute Art. 7.5) Statute amended, sent to EC Request for further clarification from EC Italian Ministry reply to EC: 6.5 M€ for the start-up of CERIC 2014 January1 st CERIC Fellowship programme 2014 JanuaryUsers’ Call Zero 2014 AprilStatute amended to comply with TAXUD objections EC implementing decision setting-up CERIC-ERIC First CERIC-ERIC General Assembly

Thanks!