1. Introduction 1 Proposal for the structure of FAIR GmbH construction phase 2 Relationship between FAIR GmbH and GSI mbH construction phase Contract Site services Production of FAIR components by GSI 3 Tax issues 4. Relationship between FAIR GmbH and GSI mbH operation phase 5. Status Meeting CAS-GSI, 13.07. 2006: Structure of FAIR GmbH and Relationship with GSI

2. FAIR – Facility for Antiproton and Ion Research 100 m UNILAC SIS 18 SIS 100/300 HESR Super FRS NESR CR RESR GSI today Future Facility ESR

3. PAC QCD E. Chiavassa PAC NUSTAR R. Casten PAC APPA D. Schwalm TAC Y. Cho Observers: FAIR Project CORE Cost Review Groups D. Plane, W. Bartel FCI Full Cost Issues B. Brandt AFI Working Group Administrative + Funding Issues Ö. Skeppstedt LFI Legal Framework Issues U.B. Jahn STI Working Group Scientific + Technical Issues H. Wenninger ISC International Steering Committee H. Schunck Scientific, Technical and Legal Framework for FAIR MiniTACs Cryogenics Warm and Cold magnets Power Supplies Beam Instrumentation p-Linac Baseline Technical Report - accelerator TR's - experiment proposals - civil construction plans (~ 3500 pages) PAC & TAC Review Reports Cost Book Cost Review Reports - accelerator & civil construction (CORE-A) - experiments (CORE-E) Convention Articles of Association By-Laws Final Act Document Legal Framework Report (LFI) Full Cost Structure Report (FCI)

4. FAIR Project Status: Building law: Development plan is approved All environmental impact studies are accepted; Re-forestation and natural compensation measures are concluded and contractually settled Summary: Controlling report for the preparatory phase accepted by GSI Supervisory Board Convention and Articles of Association are ready in AFI Core facility and Specifications are defined Layout is defined Project cost estimates (cost book) are scrutinized and validated by expert groups Scientific base programme is defined Full costing issues are approved

5. FAIR status and next steps Baseline Technical Report sent out (~ 3500 pages, more than 2400 authors) - Legal documents and Governance structure (esp. two-company model, by laws) to be finalized until summer 2006 - Final negotiations on participation have started. Letter from Minister Schavan to all participating countries has been sent out. - Germany has put aside the money for its part for construction ( approval by parliament) - Signing of Final Act and foundation of FAIR GmbH, beginning of 2007.. - Start of construction (building work) 2008

6. How FAIR has been defined: legal aspects Legal framework 1. FAIR Convention: Treaty (International Public Law) Parties: FAIR Member States Ratification by parliaments (1 a) FAIR Final Act: governmental agreement to start prior to ratification 2. FAIR Articles of Association: Foundation of a limited liability company "GmbH" under German civil company law as a non-profit organisation Shareholders: Institutions from FAIR Member States (2 a) "By laws" = Agreement between shareholders

7. 1. Proposal for the structure of FAIR GmbH (construction phase) Tasks: FAIR GmbH is the Project owner Definition of policy and strategy is with FAIR GmbH Project and funding responsibility All money (except for in-kind) goes through FAIR Supervision of all work packages by FAIR Financial Controlling Personnel (first very rough estimate): ~20 FTE for management and controlling ~40 FTE for scientific/ technical project coordination ~25 FTE for finance and contracts

8. Council Management (2 managing directors) Scientific Council (external) Units: –Controlling –R+D-co-ordination / institutions –Public relations –Quality management Scientific technical project co-ordination Finance and Contracts ConstructionFinancing and budget Bookkeeping/accounting Contract management FAIR accelerator facilities FAIR experiments I ntegration and fundamental technical issues General administration

9. 2. Contract between FAIR GmbH and GSI mbH (construction phase) FAIR GmbH as "Bauherr" (legally the builder owner) GSI as "architect" with operative tasks sub-project management + internal control of GSI tasks Preparation of technical documents Tendering, contracting, supervision for buildings and accelerators Permit handling (building, radiation issues, environmental...)... Scope of GSI's responsibility as "architect"; power of attorney Warranty and liability Joint Steering Committee for contractual questions only, not a Joint Management Board for FAIR GmbH and/or GSI mbH Arbitration between both partners Remuneration of services provided by GSI mbH Property rights and work results

10. Site services GSI makes infrastructure available to FAIR Agreement for these services by separate contract (tax !) Production of FAIR components by GSI Components by GSI as In-kind Separate contract (as with any in-kind contribution)

11. Observers: FAIR Project. If I can't picture it, I can't understand it. Albert Einstein Thank you for your attention