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

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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

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

11. 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.

12. 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 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 of the ECA, the Provisional Member becomes a Defaulting Member in the sense of Art and Art of the ECA and its rights, in particular those linked to representation in the ELIXIR Board (e.g. voting rights), cease automatically.

13. 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.