Source: EURLEX
Language: en
Format: md

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| 26.3.2018 | EN | Official Journal of the European Union | C 111/1 |

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Statutes of the European Infrastructure of Open Screening Platforms for Chemical Biology — European Research Infrastructure Consortium (EU-OPENSCREEN ERIC)

(2018/C 111/01)

Table of contents

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| PREAMBLE | 2 |

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| CHAPTER 1 — GENERAL PROVISIONS | 3 |

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| Article 1: Establishment of EU-OPENSCREEN ERIC | 3 |

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| Article 2: Definitions | 3 |

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| Article 3: Objectives and tasks | 3 |

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| CHAPTER 2 — MEMBERSHIP | 4 |

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| Article 4: Membership and representation | 4 |

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| Article 5: Observers status and representation | 4 |

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| Article 6: Admission of new Members and Observers | 5 |

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| Article 7: Withdrawal of a Member or an Observer | 5 |

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| Article 8: Termination of a membership or Observer status | 5 |

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| CHAPTER 3 — RIGHTS AND OBLIGATIONS OF MEMBERS AND OBSERVERS | 5 |

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| Article 9: Rights and Obligations of Members | 5 |

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| Article 10: Rights and Obligations of Observers | 6 |

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| CHAPTER 4 — PARTNER SITES | 6 |

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| Article 11: Partner Sites | 6 |

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| CHAPTER 5 — GOVERNANCE | 7 |

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| Article 12: Governance Structure | 7 |

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| Article 13: Assembly of Members | 7 |

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| Article 14: Decision making by the Assembly of Members | 8 |

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| Article 15: Director-General | 8 |

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| Article 16: Partner Site Forum | 9 |

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| Article 17: Scientific and Ethical Advisory Board | 9 |

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| CHAPTER 6 — FINANCE | 10 |

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| Article 18: Resources of the EU-OPENSCREEN ERIC | 10 |

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| Article 19: Budgetary principles and accounts | 10 |

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| Article 20: Liability | 10 |

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| CHAPTER 7 — REPORTING TO THE EUROPEAN COMMISSION | 10 |

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| Article 21: Reporting to the European Commission | 10 |

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| CHAPTER 8 — POLICIES | 10 |

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| Article 22: Access policies for Users | 10 |

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| Article 23: Outreach policy | 11 |

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| Article 24: Dissemination policy | 11 |

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| Article 25: Intellectual property rights policy | 11 |

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| Article 26: Employment policy | 11 |

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| Article 27: Procurement policy and tax exemption | 11 |

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| CHAPTER 9 — DURATION AND WINDING UP | 12 |

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| Article 28: Duration and Winding Up | 12 |

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| CHAPTER 10 — MISCELLANEOUS | 12 |

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| Article 29: Setting-up provisions | 12 |

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| Article 30: Availability of Statutes | 13 |

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| ANNEX 1 — List of Members and Observers | 14 |

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| ANNEX 2 — Annual financial contributions by Members, Observers and Intergovernmental Organisations | 15 |

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| ANNEX 3 — Access policy | 16 |

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| ANNEX 4 — Intellectual property rights policy | 17 |

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| ANNEX 5 — Prospective Partner Sites | 19 |

PREAMBLE

The Czech Republic

The Republic of Finland

The Federal Republic of Germany

The Republic of Latvia

The Kingdom of Norway

The Republic of Poland

The Kingdom of Spain

Hereinafter referred to as ‘the Founding Members’

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| (a) | DESIRING to strengthen the position of Europe, and especially of the Founding Members, in the world and to facilitate transnational cooperation in the field of Chemical Biology; |

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| (b) | CONSIDERING the endless diversity of possible chemical structures and broad complexity of the biological sciences; |

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| (c) | CONSIDERING that access to the most advanced technologies, chemistry, biology and informatics resources, knowledge and expertise is often limited for the majority of European Chemical Biology researchers; |

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| (d) | CONCLUDING that European countries must overcome this fragmentation and provide open access, thus strengthening the competitiveness of Europe in Chemical Biology and the Life Sciences in general; |

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| (e) | BUILDING on the European Strategy Forum on Research Infrastructure (ESFRI) roadmap which identified the European Infrastructure of Open Screening Platforms for Chemical Biology (EU-OPENSCREEN) as the distributed research infrastructure supporting Chemical Biology and related Life Sciences in Europe through the provision of transnational access to technologies, expertise, data and training and education programs; promoting data sharing; implementing common high quality standards; strengthening collaboration between researchers from academia and industry; and encouraging the structuring of national infrastructures; |

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| (f) | RECOGNISING that membership of EU-OPENSCREEN ERIC enables chemists, biologists, clinicians, engineers and Information Technology specialists to collaborate, taking advantage of EU-OPENSCREEN ERIC's compound collection and database, and thus strengthens the attractiveness and competitiveness of national Chemical Biology research activities with a strong impact on research capacity, innovation and health; |

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| (g) | INVITING other countries to participate in the common activities under the following Statutes, |

HAVE AGREED AS FOLLOWS:

CHAPTER 1

GENERAL PROVISIONS

Article 1

Establishment of EU-OPENSCREEN ERIC

1.   The European Infrastructure of Open Screening Platforms for Chemical Biology, ‘EU-OPENSCREEN’, is established. EU-OPENSCREEN shall have the legal form of a European Research Infrastructure Consortium (ERIC), hereinafter referred to as ‘EU-OPENSCREEN ERIC’.

2.   The statutory seat of EU-OPENSCREEN ERIC shall be in Berlin, Germany.

3.   The working language of EU-OPENSCREEN ERIC shall be English.

Article 2

Definitions

In these Statutes the following words or expressions with capital letters shall have the following meanings unless otherwise indicated by the context:

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|  | ‘Member’ means an entity according to Article 4; |

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|  | ‘Founding Member’ means an entity according to Article 4; |

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|  | ‘Observer’ means an entity according to Article 5; |

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|  | ‘Partner Site’ means an entity according to Article 11; |

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|  | ‘User’ means a legal entity whose scientists seek access to services and resources of EU-OPENSCREEN ERIC. A ‘User’ does not necessarily have to be located in a Member or Observer country. |

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|  | ‘Assay Providing User’ means a legal entity whose scientists provide a test system (assay) which will be used to screen the EU-OPENSCREEN compound collection. |

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|  | ‘Compound Providing User’ means a legal entity whose scientists provide compounds which will be integrated into the EU-OPENSCREEN compound collection. |

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|  | ‘Database User’ means a legal entity whose scientists use the EU-OPENSCREEN database. |

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|  | ‘National Node’ means a Partner Site which has been appointed by its host country in order to serve as a liaison between EU-OPENSCREEN-ERIC and the local scientific community, strengthen the link between the national scientific community (Users) and the distributed research infrastructure, and to build trust in the infrastructure and catalyse the participation of scientists (e.g. Assay Providing Users, Compound Providing Users) |

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|  | ‘Central Office’ is the EU-OPENSCREEN ERIC office located in Berlin. All processes concerning the organisation and implementation of the EU-OPENSCREEN ERIC tasks are managed by the office staff. |

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|  | ‘Host Member State’ refers to the country where the EU-OPENSCREEN ERIC statutory seat is located |

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|  | ‘Rules of Procedure’ means an additional, subsidiary and internal document to these Statutes according to Article 13(5) which represent a comprehensive set of provisions that regulate all operations within EU-OPENSCREEN ERIC. |

Article 3

Objectives and Tasks

1.   EU-OPENSCREEN ERIC shall establish, operate and develop a European distributed research infrastructure consisting of screening platforms as well as chemistry and biology facilities, in order to facilitate the access to resources, tools and facilities to researchers and to support high quality research on the molecular mechanisms of biological processes.

2.   EU-OPENSCREEN ERIC shall operate the infrastructure on a non-economic basis. EU-OPENSCREEN ERIC may carry out limited economic activities, provided that these are closely related to its principal task and that they do not jeopardise the achievement thereof.

3.   To fulfil its tasks EU-OPENSCREEN ERIC shall undertake and coordinate activities, including but not limited to:

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| (a) | develop, build and maintain a European Chemical Biology Library of Compounds; |

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| (b) | develop, build and maintain a Central Database of screening results; |

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| (c) | build and maintain a Central Office for coordinating activities; |

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| (d) | organise and coordinate high-quality infrastructure services supported by harmonised procedures and quality standards; |

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| (e) | grant researchers effective access to the resources and services of EU-OPENSCREEN ERIC and its Partner Sites in accordance with the rules defined in these Statutes; |

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| (f) | establish collaboration with the other European and international research infrastructures in order to serve the research community in interdisciplinary research questions; |

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| (g) | disseminate tools and data for the use of the public; |

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| (h) | engage in exchange with relevant industry without prejudice to Article 3(2) of Council Regulation (EC) No 723/2009[(1)](#ntr1-C_2018111EN.01000101-E0001). |

CHAPTER 2

MEMBERSHIP

Article 4

Membership and representation

1.   Entities according to Article 9(1) of Regulation (EC) No 723/2009 may participate in EU-OPENSCREEN ERIC as Members or Observers. The Members at the time the ERIC status is awarded by the European Commission to EU-OPENSCREEN shall be referred to as the ‘Founding Members’.

2.   Any Member may appoint a representing entity. The representing entity shall be authorised to represent the Member in all internal issues of EU-OPENSCREEN ERIC. A Member shall inform the Director-General of any change of its representing entity.

3.   Members and their representing entities are listed in Annex 1 to the Statutes. The Annex will be kept updated by the Director-General.

Article 5

Observer status and representation

1.   Entities willing to become Members of EU-OPENSCREEN ERIC, but not yet in a position to join as Members, may become Observers with limited rights and obligations according to Article 10. The participation as an Observer in EU-OPENSCREEN ERIC will be limited to three years. An extension may be decided by the Assembly of Members on a case to case basis.

2.   Any Observer may appoint a representing entity. The representing entity shall be authorised to represent the Observer in all internal issues of EU-OPENSCREEN ERIC. An Observer shall inform the Director-General of any change of its representing entity.

3.   Observers and their representing entities are listed in Annex 1 to the Statutes. The Annex shall be kept updated by the Director-General.

Article 6

Admission of new Members and Observers

The terms for admission of new Members and Observers are the following:

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| (a) | The admission shall require the approval of the Assembly of Members according to the majorities established in Article 14. |

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| (b) | A written application shall describe how the applicant shall contribute to EU-OPENSCREEN ERIC objectives and tasks described in Article 3 and how it shall fulfil the obligations referred to in Article 9 or 10 respectively. |

Article 7

Withdrawal of a Member or an Observer

1.   A Member may withdraw following a written request 12 months prior to the withdrawal. Within the first five years of a membership, no Member may withdraw unless membership has been entered into for a specified shorter period.

2.   An Observer may withdraw following a written request 12 months prior to the withdrawal.

3.   Withdrawing Members and Observers shall fulfil all obligations referred to in Article 9(2) or Article 10(2) while the process of withdrawing is ongoing.

Article 8

Termination of a Membership or Observer status

1.   The Assembly of Members, upon hearing the Member or Observer in question, may terminate a membership or an observer status if the Member or Observer:

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| (a) | is in serious breach of one or more of its obligations under these statutes; or |

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| (b) | causes or threatens to cause a serious disruption in the operation of EU-OPENSCREEN ERIC which would either result in a paralysis of internal procedures or the hamper the delivery of EU-OPENSCREEN ERIC services. |

2.   When termination of a Membership or Observer status is voted on, the Member concerned shall have no voting rights for the proposed decision and the majorities given in Article 14 shall be adjusted accordingly.

3.   Members and Observers shall fulfil all obligations referred to in Article 9(2) or Article 10(2) while the process of termination is pending. Nevertheless, a termination shall become effective even if obligations are not being fulfilled.

CHAPTER 3

RIGHTS AND OBLIGATIONS OF MEMBERS AND OBSERVERS

Article 9

Rights and obligations of Members

1.   Rights of Members:

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| (a) | Each Member may attend the Assembly of Members with the right to vote. Members shall state in the appointment letter the name(s) of the delegate(s) with voting right. |

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| (b) | Each Member may participate in all processes and decision making on all matters relating to EU-OPENSCREEN ERIC. |

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| (c) | Users located in a Member country shall have access to services, support and events of EU-OPENSCREEN ERIC. The access shall be subject to the conditions as set in the access policy according to Annex 3 to the Statutes. |

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| (d) | Each Member may appoint a National Node and additional contact points as deemed necessary on national level. Further details shall be laid down in the Rules of Procedure. |

2.   Obligations of Members:

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| (a) | Each Member shall pay an annual contribution as decided by the Assembly of Members in accordance with the membership contribution principles given in Annex 2 to the Statutes. |

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| (b) | Each Member shall nominate one or more national Partner Sites. Each Member shall support their Partner Sites in offering services according to Article 11. |

Article 10

Rights and obligations of Observers

1.   Rights of Observers:

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| (a) | Each Observer may attend the Assembly of Members without the right to vote. |

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| (b) | Users located in an Observer country shall have access to services, support and events of EU-OPENSCREEN ERIC. The access shall be subject to the conditions as set in the access policy according to Annex 3 to the Statutes. |

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| (c) | Each Observer may appoint contact points as deemed necessary on national level. Further details shall be laid down in the Rules of Procedure. |

2.   Obligations of Observers:

Each Observer shall pay an annual contribution as decided by the Assembly of Members in accordance with the principles given in Annex 2 to the Statutes.

CHAPTER 4

PARTNER SITES

Article 11

Partner Sites

1.   Partner Sites shall be entities with scientific and technological capabilities, and shall themselves or through the organisation in which they are embedded, have the legal capacity to sign binding service level agreements with EU-OPENSCREEN ERIC. They shall provide services to the researchers like screening, assay development or chemical optimisation of biological active compounds.

2.   The terms for acceptance of a Partner Site are the following:

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| (a) | A Partner Site must be nominated by a Member or an applicant Member. It must be located in the nominator's country. |

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| (b) | A Member or an applicant Member that nominates a Partner Site shall submit a written proposal to the Assembly of Members. |

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| (c) | The proposal shall be evaluated by an evaluation committee which shall be appointed by the Assembly of Members. The evaluation committee is an independent ad-hoc structure composed of international scientific experts. Further details shall be laid down in the Rules of Procedure. The evaluation committee shall take into account the following criteria:   |  |  | | --- | --- | | i. | scientific quality, excellence and good scientific practice; |  |  |  | | --- | --- | | ii. | capacities and resources and their availability to provide services within the EU-OPENSCREEN ERIC framework; |  |  |  | | --- | --- | | iii. | strategy for sustainability; |  |  |  | | --- | --- | | iv. | expected added value to EU-OPENSCREEN ERIC, such as addition of new or enhancement of existing capabilities. | |

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| (d) | The Assembly of Members shall decide on the proposal based on the evaluation result. Decisions on Partner Sites proposed by applicant Members can be made only after the decision on the membership of the applicant Member. |

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| (e) | A Partner Site shall itself or through the organisation in which it is embedded, sign a service level agreement with EU-OPENSCREEN ERIC establishing the rights and duties that shall govern their relationship, including an agreement on the handling of intellectual property rights. |

3.   Partner Sites nominated by Founding Members may be inaugurated at the constitutional meeting of EU-OPENSCREEN ERIC, provided that:

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| (a) | they have been evaluated before by the criteria as set out in Article 11(2)(c); |

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| (b) | the evaluation resulted in a positive assessment and have been approved by the Assembly of Members. |

The Partner Sites that have been nominated are set out in Annex 5 to the Statutes.

4.   Partner Sites shall:

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| (a) | perform certain services as described in the service level agreement; |

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| (b) | consult with other Partner Sites in making resources, tools and services available to the researchers; |

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| (c) | take part in the Partner Site Forum as set out in Article 16. |

5.   The terms of termination or withdrawal of a Partner Site shall be set out in the Rules of Procedure.

CHAPTER 5

GOVERNANCE

Article 12

Governance Structure

The governance shall comprise the following bodies:

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| (a) | the Assembly of Members; |

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| (b) | the Director-General. |

Article 13

Assembly of Members

1.   The Assembly of Members shall be the highest and ultimate governing body of EU-OPENSCREEN ERIC with full decision-making power. The Assembly of Members shall be responsible in accordance with the provisions of these Statutes for the overall direction and supervision of EU-OPENSCREEN ERIC.

2.   The Assembly of Members shall be constituted through the first meeting of the Members after the establishment of EU-OPENSCREEN ERIC.

3.   The Assembly of Members shall be composed of representatives of Members and Observers. Each Member or Observer shall appoint up to two delegates to the Assembly of Members, while every delegate may be represented by a proxy. Each Member shall have one vote. Observers shall have no voting right.

4.   The Assembly of Members shall meet at least once a year. Upon request of at least one third of the Members or of the Director-General, the Chairperson shall initiate additional meetings.

5.   The Assembly of Members shall:

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| (a) | draw up and amend internal Rules of Procedure; |

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| (b) | discuss, amend and decide on the strategy, governance structure, and intellectual property right policy; |

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| (c) | decide on all issues that are closely related to budgetary questions, such as defining the financial contributions required for membership or observer status; |

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| (d) | approve the annual report and work plan, including the annual budget and audited accounts; |

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| (e) | decide on proposals for amendments to the Statutes and submit these to the European Commission for approval; |

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| (f) | admit and terminate the membership of Members and status of Observers and decide on the winding up of EU-OPENSCREEN ERIC; |

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| (g) | elect, approve, and revoke a Chairperson and a Vice-Chairperson of the Assembly of Members and define their term of office; |

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| (h) | appoint, suspend or dismiss the Director-General, and provide guidance and direction to the Director-General; |

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| (i) | appoint or dismiss the members of the Scientific and Ethical Advisory Board; |

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| (j) | establish further bodies, working level structures and advisory boards and define their assignment and ruling, if deemed necessary; |

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| (k) | decide on the User access policy within the principles of Annex 3 to the Statutes; |

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| (l) | and decide on any other matters that are necessary to fulfil the tasks of the EU-OPENSCREEN ERIC. |

Article 14

Decision making by the Assembly of Members

1.   Quorum shall be formed if 75 % of the Members are present representing 75 % of the Members' annual mandatory contributions. If the quorum is not met, a second meeting shall be convened as soon as possible following a new invitation with the same agenda.

2.   On all decisions the Assembly of Members shall use their best efforts to achieve consensus. Abstaining from vote shall be possible. Abstention shall not be considered as to hinder consensus.

3.   If consensus fails, a simple majority of those Members present and voting shall be sufficient to pass a decision unless explicitly stated otherwise in Article 14(5) or (6).

4.   In the event of a tie vote the majority of mandatory contributions shall have the casting vote.

5.   Decisions regarding the following matters shall require consensus:

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| (a) | the proposals for amendment of the Statutes; |

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| (b) | the long-term work and financial plan; |

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| (c) | changes of Annex 2 to the Statutes. |

6.   Decisions regarding the following matters shall require agreement of at least 75 % of all Members representing at least 75 % of the Members' annual mandatory contributions:

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| (a) | adoption of internal Rules of Procedure or their amendment; |

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| (b) | approval and amendment of the annual work plan and budget; |

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| (c) | approval of the annual report and the audited accounts; |

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| (d) | winding up of EU-OPENSCREEN ERIC; |

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| (e) | admission, extension or termination of the membership or observer status, |

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| (f) | appointment, reappointment, suspension or dismissal of the Director-General. |

7.   A Member that is in arrears with the financial contribution at the end of the financial year shall have no voting rights. The quorum and majorities shall be adjusted accordingly.

Article 15

Director-General

1.   The Director-General shall be the legal representative of EU-OPENSCREEN ERIC in charge of its day-to-day management.

2.   The Director-General shall be appointed by the Assembly of Members for a term of up to five years, with the possibility to be reappointed once. Further details shall be laid down in the Rules of Procedure.

3.   The Director-General shall follow the guidance and decisions taken by the Assembly of Members in the carrying out of his or her responsibilities.

4.   The Director-General shall be assisted by the staff of the Central Office.

5.   The Director-General shall:

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| (a) | be responsible for the efficient administration of EU-OPENSCREEN ERIC and for ensuring the execution of the decisions of the Assembly of Members; |

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| (b) | be in charge of execution of the work plan, including establishment of EU-OPENSCREEN ERIC services and expenditure of budget; |

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| (c) | conclude contracts and conduct other legal and administrative proceedings; |

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| (d) | appoint, supervise and dismiss EU-OPENSCREEN ERIC staff; |

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| (e) | report to the Assembly of Members and be accountable for EU-OPENSCREEN ERIC finances, and for observing all legal requirements in the development of its tasks and activities; |

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| (f) | prepare and submit to the Assembly of Members, after consultation with the Partner Site Forum, a draft annual work plan and budget as well as the long-term work and financial plan of EU-OPENSCREEN ERIC. |

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| (g) | provide the Assembly of Members with an annual report on the work plan, including financial accounts, tasks achieved, tasks not achieved and appropriate explanations or correcting measures, no later than three months after the end of each financial year; |

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| (h) | prepare and submit after approval of the Assembly of Members any documentation requested by the European Commission; |

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| (i) | prepare and attend the meetings of the Assembly of Members; |

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| (j) | attend the Partner Site Forum meetings. |

Article 16

Partner Site Forum

1.   The Partner Site Forum shall be a permanent body and shall be composed of one representative from each Partner Site and one representative of each National Node, if applicable. Each Partner Site shall nominate its representative. The Partner Site representatives shall nominate a Chair from within their ranks.

2.   The Partner Site Forum shall:

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| (a) | advise the Director-General in the development of the annual work plan and budget and other matters requested by the Director-General; |

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| (b) | support the Director-General in execution of the annual work plan and budget, for enabling efficient interaction between the Partner Sites; |

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| (c) | advocate for the needs of the Partner Sites within EU-OPENSCREEN ERIC; |

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| (d) | The Partner Site Forum may draw up its own Rules of Procedure which shall be approved by the Assembly of Members. |

Article 17

Scientific and Ethical Advisory Board

1.   The Scientific and Ethical Advisory Board shall consist of independent and internationally recognised scientists and/or experts acting on their personal title.

2.   The Scientific and Ethical Advisory Board shall offer advice on all matters including ethical questions requested by the Assembly of Members. Further details will be laid down in the Rules of Procedure.

3.   The Assembly of Members shall appoint the members of the Scientific and Ethical Advisory Board for three years. The Assembly of Members may reappoint them once for the same duration.

CHAPTER 6

FINANCE

Article 18

Resources of the EU-OPENSCREEN ERIC

The resources of EU-OPENSCREEN ERIC shall consist of the following:

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| (a) | contributions of Members and Observers as described in Annex 2 to the Statutes; |

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| (b) | other resources within legal limits and under terms approved by the Assembly of Members. |

Article 19

Budgetary principles and accounts

1.   The ordinary financial year of EU-OPENSCREEN ERIC shall be the calendar year.

2.   The budget shall be established, implemented and the accounts presented in compliance with principles of transparency and sound financial management.

3.   All items of revenue and expenditure of EU-OPENSCREEN ERIC shall be included in estimates to be drawn up for each financial year and shall be shown in the annual budget.

4.   The accounts of EU-OPENSCREEN ERIC shall be accompanied by a report on the performance, on budgetary and financial management of the financial year.

5.   EU-OPENSCREEN ERIC shall have separate records for its economic and non-economic activities.

Article 20

Liability

1.   The liability of the Members and Observers for the debts of EU-OPENSCREEN ERIC shall be limited to their respective contributions.

2.   EU-OPENSCREEN ERIC shall take appropriate and commensurate insurance to cover the risks specific to the construction and operation of EU-OPENSCREEN ERIC.

CHAPTER 7

REPORTING TO THE EUROPEAN COMMISSION

Article 21

Reporting to the European Commission

EU-OPENSCREEN ERIC shall produce an annual activity report, containing in particular the scientific, operational and financial aspects of its activities. The report shall be approved by the Assembly of Members and transmitted to the European Commission and relevant public authorities within six months of the end of the corresponding financial year. This report shall be made publicly available on the EU-OPENSCREEN ERIC website.

CHAPTER 8

POLICIES

Article 22

Access policies for Users

1.   EU-OPENSCREEN ERIC shall grant Users access to its services and resources according to the policy laid down in Annex 3 to the Statutes.

2.   There shall be different categories of Users. The Assembly of Members shall decide on various fees and scope of access for these categories.

Article 23

Outreach policy

1.   EU-OPENSCREEN ERIC shall promote the construction of a chemical biology network and community in Europe and shall encourage researchers to embark on new and innovative projects in the life sciences and to use EU-OPENSCREEN ERIC in their higher education.

2.   EU-OPENSCREEN ERIC shall promote high quality research and shall support a culture of ‘best practices’, including training activities.

Article 24

Dissemination Policy

Users of EU-OPENSCREEN ERIC services and resources shall make their research results publicly available within the Central Database of EU-OPENSCREEN ERIC after a grace period of two years. Upon request an extension up to a total of three years may be granted. Notwithstanding, existing rights and obligations shall be respected.

Article 25

Intellectual property rights policy

1.   The term intellectual property shall be understood according to Article 2 of the convention establishing the World Intellectual Property Organisation signed on 14 July 1967.

2.   EU-OPENSCREEN ERIC may own intellectual property whenever EU-OPENSCREEN ERIC contribution covers the innovation process. Further details in relation to the intellectual property policy of EU-OPENSCREEN ERIC shall be set out in Annex 4 to the Statutes and in the Rules of Procedure.

3.   Income generated by intellectual property produced by EU-OPENSCREEN ERIC shall be used for the operations of EU-OPENSCREEN ERIC up to a threshold laid down in the Rules of Procedure. The use of income above this threshold shall be subject to a decision of the Assembly of Members.

4.   No provision in these Statutes should be understood as seeking to alter the scope and application of intellectual property rights and benefit-sharing agreements as determined under relevant laws and regulations of the Members and Observers and international agreements to which they are a party.

Article 26

Employment policy

1.   EU-OPENSCREEN ERIC shall be an equal opportunity employer. For each vacancy EU-OPENSCREEN ERIC shall select the best candidate. EU-OPENSCREEN ERIC employment policy shall be governed by the laws of the country in which the staff is employed.

2.   The selection procedures for EU-OPENSCREEN ERIC staff positions shall be transparent, non-discriminatory and respect equal opportunities. Recruitment and employment shall not be discriminatory.

Article 27

Procurement policy and tax exemption

1.   EU-OPENSCREEN ERIC shall treat procurement candidates and tenderers equally and in a non-discriminatory way, independent of whether or not they are based in the European Union. All procurements shall follow the principles of transparency, non-discrimination and competition. Public procurement of innovation may be made a criterion. Details shall be laid down in the Rules of Procedure.

2.   Procurement by Partner Sites shall respect EU-OPENSCREEN ERIC needs, technical requirements and specifications issued by the relevant bodies. Further details shall be laid down in the Rules of Procedure. The agreement between a Partner Site and EU-OPENSCREEN ERIC shall contain an according provision.

3.   Tax exemptions based on point (g) of Article 143(1) and point (b) of Article 151(1) of Council Directive 2006/112/EC[(2)](#ntr2-C_2018111EN.01000101-E0002) and in accordance with Articles 50 and 51 of Council Implementing Regulation (EU) No 282/2011[(3)](#ntr3-C_2018111EN.01000101-E0003) shall apply to purchases of goods and services which are for the official use by EU-OPENSCREEN ERIC, are procured and paid for by it and for which the amount of VAT to be reimbursed exceeds a total of EUR 25 per invoice. Procurement by individual members shall not benefit from these exemptions. No tax exemption shall be granted on goods and services intended for the personal use of EU-OPENSCREEN ERIC employees or of third parties.

4.   Excise goods as defined in points (b) and (c) of Article 1(1) of Council Directive 2008/118/EC[(4)](#ntr4-C_2018111EN.01000101-E0004) may be granted an exemption from payment of excise duty in accordance with point (b) of Article 12(1) of that Directive provided that those excise goods are intended exclusively for official use by the ERIC and are procured and paid for by it. No exemption from payment of excise duties shall be granted for excise goods intended for the personal use of EU-OPENSCREEN ERIC employees or of third parties.

5.   Duties paid on energy products and electricity as defined in point (a) of Article 1(1) of Directive 2008/118/EC may be refunded in accordance with point (b) of Article 12(1) and Article 12(2) of that Directive provided that those energy products and electricity are intended exclusively for official use by EU-OPENSCREEN ERIC and are procured and paid for by it, and that the amount of the duty exceeds a total of EUR 25 per invoice. No duty exemption shall be granted on energy products or electricity intended for the personal use of EU-OPENSCREEN ERIC employees or of third parties.

CHAPTER 9

DURATION AND WINDING UP

Article 28

Duration and Winding up

1.   EU-OPENSCREEN ERIC shall exist for an indefinite period of time.

2.   The winding up of EU-OPENSCREEN ERIC shall follow a decision of the Assembly of Members in accordance with Article 14(6) or when the number of members falls down below the minimum established in Article 9 of the Regulation (EC) No 723/2009.

3.   Without undue delay and in any event within 10 days after adoption of the decision to wind up EU-OPENSCREEN ERIC, EU-OPENSCREEN ERIC shall notify the European Commission of the decision.

4.   Assets remaining after payment of EU-OPENSCREEN ERIC debts shall be apportioned among the Members and Observers at the time of dissolution in proportion to their accumulated annual contributions to EU-OPENSCREEN ERIC.

5.   EU-OPENSCREEN ERIC shall cease to exist on the day on which the European Commission publishes the appropriate notice in the Official Journal of the European Union.

CHAPTER 10

MISCELLANEOUS

Article 29

Setting up provisions

1.   A constitutional meeting of the Assembly of Members shall be called by the Host Member State as soon as possible but no later than 45 calendar days after the European Commission decision to set up EU-OPENSCREEN ERIC has been published in the Official Journal of European Union and takes effect.

2.   The Host Member State shall notify the Founding Members of any specific urgent legal action that needs to be taken on behalf of EU-OPENSCREEN ERIC before the constitutional meeting is held. Unless a Founding Member objects within 15 calendar days of being notified, the legal action shall be carried out by a person duly authorised by the Host Member State.

Article 30

Availability of Statutes

These Statutes shall be made publicly available through the EU-OPENSCREEN ERIC website and at its statutory seat, in accordance with Article 10 of Regulation (EC) No 723/2009.

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