WP2 Legal work Helle PEDERSEN Elisabeth KOHLER (CNRS)

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Presentation transcript:

WP2 Legal work Helle PEDERSEN Elisabeth KOHLER (CNRS)

WP2 Legal work Main objective : – set up an independant legal entity for EPOS committing Member States on the long term Main benefits for the community: – Turning small scale infrastructures without coordination into a coherent and collaborative structure for scientists – providing a flexible international structure to support EPOS projects Main contributors: – scientists and administrators in close collaboration

Legal work is political work Legal work is not just for legal experts/officers All national representatives are key players The WP is ranging from legal expertise to political decisions This can only be done if national (scientific) representatives succeed in convincing their stakeholders: ministries, funding agencies, research councils, research organisations… Your first job is to identify your national stakeholders!

HOW TO PROCEED? Task 2.1 Analysis of legal organisation models 1.Contact the legal officer of your organisation and explain the aim of EPOS (we will provide a support document) 2.Send to CNRS (Alice Clémenceau) the name and contact of your legal officer 3.CNRS will work with this network of legal officers to make a status of national legal environments and possible constraints in setting up a legal entity 4.Based on this survey we will present and discuss with you the pros and cons of different legal models applicable to EPOS (ERIC, International organisation, Société civile, Dutch foundation, UK company limited, GmbH…) [ D2.1 = october 2011 & D2.2= march 2012]

HOW TO PROCEED (2)? Task 2.2 Negociation and countries’ mutual agreement on legal organisation models 5. National representatives have to discuss the proposed legal model(s) with the stakeholders and push them to participate in the workshop organised in May-June This workshop is meant to be the first step in setting up the Board of Governmental Representatives (i.e Body that will replace the IAPC when EPOS becomes an independant legal entity)

HOW TO PROCEED (3)? Task 2.2 Negociation and countries’ mutual agreement on legal organisation models 7.Keep pressure on the national stakeholders so that, together with BGS - responsible for governance work (WP3) -we are able to achieve a mutual agreement by the countries on legal organisation and governance [D.2.3 = October 2013 ] This is a big challenge for all of us A first step: respect deadlines!!!

HOW TO PROCEED (4)? Task 2.3 Data policy and intellectual property issues BGS and IMO are in charge of this tricky task Data policy and IPR issues can only be adressed in close connection with the Provider’s and User’s Commission Recommendations will be made considering the general goal of open access, the ownership of the data and other relevant IPR issues (MS11 = October 2012 ; D2.4 = October 2013)

HOW TO PROCEED (5)? Task 2.4 « signature-ready » documents If you did a good job and convinced your stakeholders, they will be ready to approve the chosen legal status and governance model (meeting of the Council of Governmental Representatives planned in April-May 2013) They are then ready to sign the documents prepared by us and the legal expert network in your countries: – The statutes of the EPOS infrastructure as an independant legal entity (D2.5 = October 2014) – Drafts services and products contracts (D2.6 = October 2014)

HOW TO CONVINCE YOUR STAKEHOLDERS? Priorities for stakeholders: – Finances : sharing costs with other European countries is the best way to save money. – Image : integrating national networks in a European infrastructure is the best way to raise to international scientific top level – Societal challenges: a better observation system of the European plate is the best way to manage earthquakes and volcano eruptions and so, to avoid human and economic losses.