Setting up an ERIC 11 May 2012 Richard Derksen r.h.derksen@minocw.nl

Topics What is an ERIC Requirements relating to the infrastructure Organisation of an ERIC Required documents for an application Process leading up to an ERIC National procedure for hosting an ERIC Practical experiences

What is an ERIC A legal entity set up under EU-law to establish and operate a research infrastructure on a non-economic basis “To establish and operate” ≠ to own Distributed facilities need to be sufficiently coordinated to qualify as an “organised network of resources” Commission: ERIC framework can be used for existing RI that consider it to be useful to change their legal status and to become an ERIC Members and observers can only be countries or intergovernmental organisations, minimal 3 EU-Member States required Public entities or private entities with public service mission can represent a member / observer

Requirements relating to the infrastructure To become an ERIC the infrastructure must meet the following requirements Deemed necessary to carry out European research programmes Represent an added value in the strengthening and structuring of the ERA and a significant improvement in scientific and technological field at international level Grant effective access to the European research community Contribute to mobility of knowlegde and/or researchers within the ERA Contribute to the dissemination and optimisation of the results

Organisation of an ERIC Required bodies: Assembly of members as the ultimate decisions making body Director of board of directors as the executive body and legal representative Other bodies (not limited): Scientific advisory body Board of national coordinators / directors Committee for technical / operational centres Support office (headquarters)

Required documents for an application Technical and Scientific description (about 10 pages; focus on requirements) Proposed Statutes Agreement between the members of the ERIC on the limits and conditions of the tax exemptions (can be part of the Statutes) Declaration by host country recognising the ERIC as an international body in the sense of the VAT and excise duty directives as of its setting up Request letter from the host country plus request letters from the founding members (needed for the formal application, step 2) Recognition of the ERIC by non EU-Member States and Intergovernmental organisations that what to become member of the ERIC

Timeline for the set up of EATRIS ERIC Governmental Meetings 13/01 + 09/03 + 10/05 Submission of application to Commission (Step 1) 1 June Verification of compliance with ERIC Regulation by Commission, assisted by independent experts Results communicated to applicants June- end September Submission of signed request to set up the ERIC (Step 2) End December Internal consultation Consultation of the ERIC Committee Jan – April 2013 Commission decision Publication in Official Journal April 2013 EATRIS ERIC established April 2013

National procedure (the Netherlands) Roles of the Ministries of Science, Finance and Foreign Affairs Science: facilitates and coordinates application process but only upon request from the science community (and only if national funding is in place) Foreign Affairs: ERIC is not an international treaty organisation so no formal involvement Finance: signs VAT-declaration if NL is host / approves VAT agreement upon request from the Ministry of Science Role of Parliament Ministry of Science informs Parliament when NL becomes host or member No approval or ratification procedure

Practical experiences You need four parties to act together: the scientific community; the research council / funding agency; the ministry and DG RTD Make it active for countries to join as founders: Fix the contribution for the first 5 years so countries know what to pay. Let countries join with a financial commitment for less than 5 years …but at a higher fee; refund the extra fee if they do stay the full five years. Be pragmatic when a country is not willing or able to become member: offer observership or set up bilateral agreements with interested institutes Some governments are still getting used to the ERIC formula: National procedures differ from country to country. Funding schemes may still be “project oriented” and may not include membership fees. Membership contribution model main obstacle when setting up an ERIC.

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