Article 1
(1) A European Research Infrastructure Consortium for the Common Language...
Article 2
This Decision is addressed to the Member States.
ANNEX
STATUTES OF THE CLARIN ERIC
CHAPTER 1
GENERAL PROVISIONS
Article 1
Name, seat, location and working language
1.1.
There shall be a European Research Infrastructure called the ‘Common...
1.2.
CLARIN shall have the legal form of a European Research...
1.3.
CLARIN shall be a distributed research infrastructure located in all...
1.4.
CLARIN ERIC shall have its statutory seat in Utrecht, the...
1.5.
The working language of CLARIN ERIC is English.
Article 2
Objectives and activities
2.1.
The ultimate objective of CLARIN ERIC is to advance research...
2.2.
To this end CLARIN ERIC shall undertake and coordinate a...
2.3.
CLARIN ERIC shall construct and operate CLARIN on a non-economic...
CHAPTER 2
MEMBERSHIP
Article 3
Membership and representing entity
3.1.
The following entities may become members of CLARIN ERIC or...
3.2.
CLARIN ERIC shall have at least three Member States as...
3.3.
Member States shall jointly hold the majority of the voting...
3.4.
Any member or observer may be represented by one public...
3.5.
The current members, observers and their representing entities are listed...
Article 4
Admission of members and observers
4.1.
The terms for admission of new members are the following:...
4.2.
Entities listed in Article 3.1 who are willing to contribute...
Article 5
Withdrawal of a member or an observer/Termination of membership or...
5.1.
Within the first five years of the establishment of CLARIN...
5.2.
After the first five years of the establishment of CLARIN...
5.3.
Observers may withdraw at the end of a financial year,...
5.4.
Financial and other obligations must be fulfilled before a withdrawal...
5.5.
The General Assembly shall have the power to terminate the...
CHAPTER 3
RIGHTS AND OBLIGATIONS OF THE MEMBERS AND OBSERVERS
Article 6
Members
6.1.
Rights of members shall include:
6.2.
Each member shall:
6.3.
Members who have joined CLARIN ERIC reserving the right to...
6.4.
Contributions other than the annual fee to CLARIN ERIC may...
6.5.
A member shall empower its representing entity or an entity...
Article 7
Observers
7.1.
Rights of observers shall include:
7.2.
Each observer shall:
7.3.
Contributions other than the annual fee to CLARIN ERIC may...
7.4.
An observer shall empower its representing entity to carry out...
CHAPTER 4
GOVERNANCE OF CLARIN ERIC
Article 8
General Assembly
8.1.
The General Assembly shall be the body of CLARIN ERIC...
8.2.
The General Assembly shall convene at least once a year,...
8.3.
The General Assembly shall be convened by the President with...
8.4.
The General Assembly shall elect a President by simple majority...
8.5.
The General Assembly shall elect a Vice President by simple...
8.6.
If an official representative cannot attend the General Assembly, the...
8.7.
The General Assembly shall be chaired by the President, and...
8.8.
All decisions shall be passed by simple majority of the...
8.9.
Decisions concerning the following shall require two thirds of the...
8.10.
The decision to terminate a membership or observer status shall...
8.11.
Voting shall be conducted by secret ballot if requested by...
8.12.
The quorum of the General Assembly shall be two thirds...
8.13.
The President may decide to use a written procedure for...
Article 9
Scientific Advisory Board
9.1.
The members of the Scientific Advisory Board shall be appointed...
9.2.
The number of members of the Scientific Advisory Board shall...
9.3.
The term for the Scientific Advisory Board members shall be...
9.4.
The Scientific Advisory Board shall provide input to the General...
9.5.
The Chair of the Scientific Advisory Board shall be appointed...
Article 10
National Coordinators’ Forum
10.1.
It shall be the duty of each member being a...
10.1.1.
It shall be the duty of each member being an...
10.2.
The National Coordinators’ Forum shall consist of all national coordinators....
10.3.
The Chair of the National Coordinators’ Forum shall be elected...
10.4.
The by-laws of the National Coordinators’ Forum shall be based...
Article 11
Executive Director
11.1.
The General Assembly shall appoint the Executive Director of CLARIN...
11.2.
The term for the Executive Director shall be five years,...
Article 12
Board of Directors
12.1.
The General Assembly shall appoint high-level individuals to form the...
12.2.
The General Assembly shall appoint one of the members of...
12.3.
The term for the Board members shall be three years,...
12.4.
The Board of Directors shall be, together with the Executive...
12.5.
The Board of Directors shall establish a general scheme for...
12.6.
The Executive Director shall be the Chair of the Board...
Article 13
Standing Committee for CLARIN technical centres
13.1.
There shall be a Standing Committee for CLARIN technical centres....
13.2.
The Standing Committee for CLARIN centres shall have the task...
13.3.
The Standing Committee shall serve as a forum for CLARIN...
13.4.
The by-laws of the Standing Committee shall be based on...
Article 14
Working Groups
14.1.
The Board of Directors may create and terminate Working Groups...
14.2.
The by-laws of the Working Groups shall be based on...
CHAPTER 5
FINANCE
Article 15
Budgetary principles and accounts
15.1.
The financial year of CLARIN ERIC shall begin on 1...
15.2.
All items of revenue and expenditure of CLARIN ERIC shall...
15.3.
The accounts of CLARIN ERIC shall be accompanied by a...
15.4.
CLARIN ERIC shall be subject to the requirements of the...
15.5.
CLARIN ERIC shall ensure that the appropriations are used in...
15.6.
CLARIN ERIC shall record the costs and revenues of its...
Article16
Liability
16.1.
CLARIN ERIC shall be liable for its debts.
16.2.
The members are not jointly liable for the debts of...
16.3.
The members’ financial liability towards CLARIN ERIC’s debts shall be...
16.4.
CLARIN ERIC shall take appropriate insurance to cover the risks...
CHAPTER 6
REPORTING TO THE COMMISSION
Article 17
Reporting to the Commission
17.1.
CLARIN ERIC shall produce an annual activity report, containing in...
17.2.
CLARIN ERIC shall inform the Commission of any circumstances which...
CHAPTER 7
POLICIES
Article 18
Agreements with third parties
18.1.
In cases where CLARIN ERIC deems it beneficial, it may...
18.2.
If institutions from non-member countries or other parties as described...
Article 19
Access policies for users
19.1.
Where access for researchers in CLARIN member countries is concerned,...
19.2.
Where access for researchers in non-member countries is concerned, the...
19.3.
Access for other institutions, industry and similar types of specific...
19.4.
Access for the general public shall be granted unless the...
19.5.
Even if access is granted according to Article 19.1 to...
Article 20
Scientific evaluation policy
20.1.
CLARIN ERIC shall be a facilitator of research and shall...
20.2.
Evaluation of CLARIN ERIC and its results shall be the...
Article 21
Dissemination policy
21.1.
CLARIN ERIC shall promote CLARIN and encourage researchers to embark...
21.2.
CLARIN ERIC shall generally encourage researchers to make their research...
21.3.
The dissemination policy shall describe the various target groups, and...
Article 22
Intellectual property rights policy
22.1.
Intellectual property rights of results created by CLARIN ERIC shall...
22.2.
Generally Open Source and Open Access principles shall be favoured....
22.3.
CLARIN ERIC shall provide guidance (including via website) to researchers...
22.4.
CLARIN ERIC shall ensure that users agree to the terms...
22.5.
CLARIN ERIC shall have in place well defined arrangements for...
Article 23
Employment policy, including equal opportunities
23.1.
CLARIN ERIC shall be an equal opportunity employer. Employment contracts...
23.2.
For each task CLARIN ERIC shall select the best candidate,...
Article 24
Procurement policy and tax exemption
24.1.
CLARIN ERIC shall treat procurement candidates and tenderers equally and...
24.2.
The Board of Directors shall be responsible for all CLARIN...
24.3.
Procurement by members and observers concerning CLARIN activities shall be...
24.4.
Tax exemptions based on Article 143(1)(g) and Article 151(1)(b) of...
Article 25
Data policy
25.1.
Generally Open Source and Open Access principles shall be favoured...
25.2.
CLARIN ERIC shall make all language resources and tools publicly...
CHAPTER 8
DURATION, WINDING UP, DISPUTES, SET UP PROVISIONS
Article 26
Duration
26.1.
CLARIN ERIC shall exist for an indefinite period of time....
Article 27
Winding up
27.1.
The winding up of CLARIN ERIC shall follow a decision...
27.2.
Without undue delay and in any event within 10 days...
27.3.
Assets remaining after payment of CLARIN ERIC debts shall be...
27.4.
Without undue delay and in any event within 10 days...
27.5.
CLARIN ERIC shall cease to exist on the day on...
Article 28
Applicable law
28.1.
CLARIN ERIC shall be governed, by precedence:
Article 29
Disputes
29.1.
The Court of Justice of the European Union shall have...
29.2.
Union legislation on jurisdiction shall apply to disputes between CLARIN...
Article 30
Availability of statutes
30.1.
At any point in time the valid version of the...
Article 31
Setting-up provisions
31.1.
A constitutional meeting of the General Assembly shall be called...
31.2.
The host country shall notify the founding members of any...
Annex 1
LIST OF MEMBERS AND OBSERVERS
Annex 2
ANNUAL FEE
Principles
Commission Decision
of 29 February 2012
setting up the Common Language Resources and Technology Infrastructure as a European Research Infrastructure Consortium (CLARIN ERIC)
(notified under document C(2012) 1018)
(2012/136/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC) , and in particular Article 6(1)(a) thereof,
Whereas:
(1)
On 23 September 2011 the Czech Republic, Denmark, Germany, Estonia, the Dutch Language Union, Austria and the Netherlands requested the Commission to set up the Common Language Resources and Technology Infrastructure as a European Research Infrastructure Consortium (hereinafter ‘CLARIN ERIC’).
(2)
The Netherlands has provided a declaration recognising CLARIN ERIC as an international body within the meaning of Article 143(1)(g) and Article 151(1)(b) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax and an international organisation within the meaning of the second indent of Article 23(1) of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products as of its setting up.
(3)
The Commission has, in accordance with Article 5(2) of Regulation (EC) No 723/2009, assessed the application and concluded that it meets the requirements set out in that Regulation.
(4)
The measures provided for in this Decision are in accordance with the opinion of the Committee set up under Article 20 of Regulation (EC) No 723/2009,
HAS ADOPTED THIS DECISION:
OJ L 206, 8.8.2009, p. 1.
OJ L 347, 11.12.2006, p. 1.
OJ L 76, 23.3.1992, p. 1.