Article 1
(1) The Euro-Argo Research Infrastructure as a European Research Infrastructure...
Article 2
This Decision shall enter into force on the third day...
ANNEX
STATUTES OF Euro-Argo ERIC
The Federal Republic of Germany
The Hellenic Republic
The French Republic
The Italian Republic
The Kingdom of the Netherlands
The Republic of Finland
The United Kingdom of Great Britain and Northern Ireland,
Hereinafter referred to individually as ‘Founding Member’ and collectively as...
and
The Kingdom of Norway
The Republic of Poland
Hereinafter referred to individually as ‘Founding Observer’ and collectively as...
CONSIDERING THAT climate change is one of the most pressing...
CONSIDERING THAT the required in situ ocean observations, which must...
CONSIDERING THAT success in such a major undertaking could be...
CONSIDERING THAT the Euro-Argo research infrastructure will strengthen European excellence...
DESIRING THAT the existing cooperative arrangements are transferred into a...
REQUESTING the European Commission to establish the infrastructure Euro-Argo as...
HAVE THEREFORE AGREED ON THE FOLLOWING PROVISIONS:
CHAPTER 1
GENERAL PROVISIONS
Article 1
Name and seat
1.
The name of the consortium shall be Euro-Argo ERIC, incorporated...
2.
The statutory seat of Euro-Argo ERIC shall be in Plouzané,...
3.
The Council shall consider, at least once every five years,...
4.
The requirements and procedures for establishing and for transferring the...
Article 2
Description of the infrastructure
1.
Euro-Argo is made up of a central infrastructure which is...
2.
The Statutes shall solely apply to the Central Infrastructure.
Article 3
Objectives and tasks
1.
The goal of Euro-Argo ERIC shall be to develop a...
2.
Euro-Argo ERIC shall coordinate and strengthen the European contribution to...
Article 4
Activities
1.
Euro-Argo ERIC shall:
2.
As part of its activities, Euro-Argo ERIC shall:
3.
Euro-Argo ERIC may carry out some limited economic activities as...
4.
Euro-Argo ERIC may delegate any of its activities to Members,...
5.
Euro-Argo ERIC activities shall be without prejudice to the activities...
CHAPTER 2
MEMBERS AND OBSERVERS
Article 5
Members and Observers
1.
Euro-Argo ERIC shall be comprised of Members and Observers. They...
2.
The Annex shall be updated by the Euro-Argo ERIC Programme...
Article 6
Members
1.
Members are States and intergovernmental organisations. They may be represented...
2.
A Member shall inform the Council of the appointment of...
Article 7
Observers
1.
Observers are States and intergovernmental organisations. They may be represented...
2.
An Observer shall inform the Council of the appointment of...
3.
Observers are entitled to attend all Euro-Argo ERIC meetings without...
4.
Observers are entitled to participate in and contribute to Euro-Argo...
5.
Any Member State, associated country, third country and inter-governmental organisation...
6.
The admission and expulsion of Observers shall be subject to...
7.
An Observer may withdraw at the end of each Financial...
Article 8
Admission of a Member
Article 9
Withdrawal of a Member
1.
After a period of four years from the date of...
2.
The Council shall record formally the withdrawal and its consequences...
3.
The Council shall determine if the Member is entitled to...
4.
In no case shall the Member's entitlement upon withdrawal exceed...
5.
No withdrawing Member from Euro-Argo ERIC can claim any amount...
Article 10
Expulsion of a Member
1.
Any Member of Euro-Argo ERIC may be expelled if it...
2.
The Council shall determine, in accordance with Article 9, the...
CHAPTER 3
RIGHTS AND OBLIGATIONS OF THE MEMBERS
Article 11
Voting rights
1.
Without prejudice to paragraph 2, each Member shall have at...
2.
Member States or associated countries shall hold jointly the majority...
Article 12
Contributions
1.
The resources necessary to achieve the objectives of Euro-Argo ERIC...
2.
The Council shall decide annually on the minimum contribution required...
3.
The contributions of the Members and Observers related to the...
4.
If the Council determines that there is a lasting and...
Article 13
Liability of the Members
1.
The Members' liability towards Euro-Argo ERIC's debts and liabilities, of...
2.
Euro-Argo ERIC shall take out and maintain appropriate insurance to...
CHAPTER 4
GOVERNANCE AND MANAGEMENT OF Euro-Argo ERIC
Article 14
Governance
Article 15
The Council
1.
The Council shall be the only body of Euro-Argo ERIC...
2.
The Council shall define the broad strategic direction for Euro-Argo...
3.
The Council shall decide on membership in Euro-Argo ERIC including...
4.
The Council shall appoint the Programme Manager upon proposition by...
5.
The Council shall appoint the members of the Scientific and...
6.
Key stakeholders may be invited to the Council meetings by...
7.
Each Member shall be represented by one delegate. Observers may...
8.
The Council shall elect its Chair for a duration of...
9.
The Council shall take decisions by simple majority, qualified majority...
10.
The Members agree to be bound by the provisions of...
11.
The Council shall ordinarily be convened once a year by...
12.
The Council shall be held no more than two months...
13.
The Chair may decide, if necessary, to convene extraordinary meetings...
14.
The Members agree to be bound by the provisions of...
Article 16
Management Board
1.
The Management Board shall supervise the operation of Euro-Argo ERIC...
2.
The Management Board shall validate the annual work plan prepared...
3.
The Management Board shall validate all necessary actions taken by...
4.
The Management Board shall be composed of delegates designated by...
5.
The Programme Manager and the Chair of the STAG shall...
6.
Observers shall be entitled to attend or be represented on...
7.
Experts and other persons particularly qualified in matters which are...
8.
The Management Board shall elect its Chair for a term...
9.
Each Member shall have the voting rights as set out...
10.
The Members shall be bound by the provisions of the...
11.
The Management Board meetings shall ordinarily be convened once a...
12.
The Chair may decide, if necessary, to convene extraordinary meetings...
13.
The Management Board shall be held within two months after...
14.
The Members shall be bound by the provisions of the...
Article 17
Programme Manager
1.
The Programme Manager shall be responsible for the implementation of...
2.
The Programme Manager shall take all necessary actions for the...
3.
The Programme Manager shall represent Euro-Argo ERIC in the International...
4.
The Programme Manager shall be entitled to sign legally binding...
5.
The Programme Manager shall assist the Chair of the Management...
6.
A Programme Office shall be set-up to assist the Programme...
Article 18
Scientific and Technical Advisory Group (STAG)
1.
The STAG, acting as a consultative body composed of independent...
2.
The STAG shall make recommendations to the Council on scientific...
CHAPTER 5
FINANCE
Article 19
Resources
Article 20
Budgetary principles, accounts and audit
1.
The financial year of Euro-Argo ERIC shall begin on 1...
2.
All items of revenue and expenditure of Euro-Argo ERIC shall...
3.
Euro-Argo ERIC shall record the costs and revenues of its...
4.
The Council shall ensure that the contributions are used in...
5.
The budget shall be established and implemented and the accounts...
6.
The accounts of Euro-Argo ERIC shall be accompanied by a...
7.
Euro-Argo ERIC shall be subject to the requirements of the...
Article 21
Taxes
CHAPTER 6
RELATIONSHIP WITH THE EUROPEAN COMMISSION
Article 22
Reporting to the Commission
1.
Euro-Argo ERIC shall prepare an annual activity report, containing in...
2.
Euro-Argo ERIC and the Member States concerned shall inform the...
3.
If at any time during its existence, Euro-Argo ERIC is...
Article 23
Amendments of the Statutes
1.
Any proposals for amendments of the Statutes shall be decided...
2.
In accordance with the procedure set out in Article 11...
3.
The Statutes shall at all times comply with the Regulation...
CHAPTER 7
POLICIES
Article 24
Intellectual Property Rights
1.
All Intellectual Property Rights created, arisen, obtained or developed by...
2.
Subject to the terms of any contracts or sub-contracts between...
3.
Euro-Argo ERIC grants to the Members a perpetual, irrevocable, non-exclusive,...
4.
Intellectual Property Rights owned by Euro-Argo ERIC shall be identified,...
5.
With respect to questions of Intellectual Property, the relations between...
Article 25
Data and Access Policy for Users
1.
In conformity with International Argo data policy, access to Euro-Argo...
2.
Agencies in Member States shall make reasonable efforts to host...
Article 26
Scientific Evaluation Policy
1.
Scientific evaluation of the annual activities shall be the responsibility...
2.
A review of the activities and operation of Euro-Argo ERIC...
Article 27
Dissemination Policy
1.
Dissemination of the data shall be undertaken either in the...
2.
All users are encouraged to publish their results in peer-reviewed...
3.
The Euro-Argo ERIC Programme Manager shall develop a communication plan...
4.
Use and collection of the Euro-Argo ERIC data is subject...
Article 28
Employment Policy
Article 29
Procurement Policy
1.
The Euro-Argo ERIC procurement policy shall be transparent, non-discriminatory and...
2.
The procurement policy shall be defined in detail in the...
CHAPTER 8
DURATION, WINDING UP, DISPUTES
Article 30
Duration
Article 31
Winding up
1.
The Council may decide at any time to discontinue and...
2.
Without undue delay after the adoption of the decision by...
3.
Without undue delay after the closure of the winding-up procedure,...
4.
At any time, in the event that Euro-Argo ERIC is...
5.
Any assets and liabilities remaining after payment of Euro-Argo ERIC's...
6.
The Members undertake to arrange the dismantling of Euro-Argo ERIC...
7.
Euro-Argo ERIC shall cease to exist on the day on...
Article 32
Language
1.
The working language of Euro-Argo ERIC shall be English.
2.
Where required, an official language of the Euro-Argo ERIC host...
3.
These statutes shall be deemed authentic in English, French and...
Article 33
Applicable Law
Article 34
Disputes
1.
Save as set out in any other Articles of the...
2.
The Court of Justice of the European Union shall have...
3.
In cases not covered by European Union legislation, the law...
Article 35
Consolidated version of the Statutes
Annex — List of Members and Observers
GLOSSARY
Commission Implementing Decision
of 5 May 2014
on setting up Euro-Argo Research Infrastructure as a European Research Infrastructure Consortium (Euro-Argo ERIC)
(2014/261/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 point (a) of Article 6(1) thereof,
Whereas:
(1)
The Federal Republic of Germany, the Hellenic Republic, the French Republic, the Italian Republic, the Kingdom of the Netherlands, the Republic of Finland and the United Kingdom of Great Britain and Northern Ireland requested the Commission to set up Euro-Argo Research Infrastructure as a European Research Infrastructure Consortium (Euro-Argo ERIC). The Kingdom of Norway and the Republic of Poland have made known their decision to participate initially in Euro-Argo ERIC as an Observer.
(2)
The French Republic has been chosen by the Federal Republic of Germany, the Hellenic Republic, the Italian Republic, the Kingdom of the Netherlands, the Kingdom of Norway, the Republic of Poland, the Republic of Finland and the United Kingdom of Great Britain and Northern Ireland as the Host Member State of Euro-Argo ERIC.
(3)
The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 20 of Regulation (EC) No 723/2009,
HAS ADOPTED THIS DECISION:
OJ L 206, 8.8.2009, p. 1.