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WP2: Legal Framework

Objectives

The objectives of WP2 are to:

  • explore legal models in order to find the best and most effective structure for the RI;
  • draft founding documents for stakeholders to negotiate and agree on the establishment of a legal entity for the RI;
  • draft and negotiate an agreement template and policy documents to integrate the distributed facilities into the RI.

Description of work

The overall target in this Work Package is to produce founding documents for a legal model, together with the documentation necessary to manage and run ACTRIS activities and integrate the national and multi-national facilities into a coherent European RI. WP2 will gather a combination of legal experts and scientists from participating organisations and the outcome is dependent on the results from other WPs, in particular WP1, 4, 5 and 6. Documents will be produced through interaction with, and the progress made, in these WPs. The document contents need to be negotiated with all relevant member countries and national research performing organisations in order to find a consensus. After establishing the Interim ACTRIS Council, the documents will be regularly discussed with this body to seek guidance for further iterations and for final approval.

Task. 2.1 Legal entity analysis
Leader UHEL, Partners: FMI, CNR, CNRS, KIT, IGF PAS

To function effectively, the activities of ACTRIS need to be managed properly and experience has shown that a legal entity is usually required. Since many studies and analyses have already been made to assess the most suitable legal model for pan-European research infrastructures, ACTRIS will build on previously gained knowledge and will utilise the results of these RI analyses. Considering the scope, size and complexity of ACTRIS, the legal model ERIC is a suitable starting point. In this legal model analysis, ACTRIS will also assess the various possibilities available for joint management solutions with other existing RIs, including the potential for synergies in cooperating closely with other environmental RIs, for example by using a common organizational framework. This task utilises different experts (scientists, legal advisers, managers) from among the ACTRIS PPP partners together with the output from WP7. The report on legal entity analysis will be provided to the Interim ACTRIS Council for discussion and to receive future direction.

Task 2.2 Statutes drafting process
Leader UHEL, Partners: FMI, CNR, CNRS, KIT, UPC

After the legal entity analysis has been performed and the Interim ACTRIS Council has discussed and decided what legal entity model to establish, the process of drafting the founding papers for the legal entity can start. Task 2.2 will draft the statutes and will facilitate the process of iteration among the ACTRIS PPP partners, national ACTRIS consortia and ACTRIS members. As the statute drafting process is an iterative process, the statute drafting will include many iterations and discussion rounds in the Interim ACTRIS Council. The final content of the documents is to be negotiated and decided by the ACTRIS members.

Task 2.3 Contracts drafting process
Leader UHEL, Partners: FMI, CNR, CNRS, INOE, TROPOS, KIT, NILU, KNMI

ACTRIS brings together more than one hundred independent legal entities from different European countries. These research performing organisations (RPOs) are in charge of the national level ACTRIS functions and moreover, some of them will form multi-national consortia to host and operate the Central Facility services. Thus, it is crucial that the national and multi-national ACTRIS operations have the correct legal and organisational links to the ACTRIS legal entity. The integration is performed through agreements. Task 2.3 will facilitate the work of drafting the contract templates for creating the contractual linkages between the ACTRIS legal entity and RPOs. The final formulation of the contract is very much dependent on the results from WP1, 4, 5 and 6, thus the drafting of the template will be performed close cooperation with the organisations involved in these WPs. The agreement template will be finalised in line with the progress made in other WPs. The content will also require negotiation between all participating organisations. After the first draft, a process of discussion and negotiation will be launched in order to find consensus. A process for final approval and agreement signing will also be explored and facilitated.

Task 2.4. Policy documents
Leader UHEL, Partners: FMI, CNR, CNRS, INOE, TROPOS, KIT, NILU, UMAN, KNMI

ACTRIS requires policies to guide its activities. One of the main activities in ACTRIS concerns data provision. The ACTRIS data policy document is based on the results of WP6 which will set access principles, and in WP4 which will produce the ACTRIS data management plan. The ACTRIS data policy will outline the basic principles for data acquisition, curation (compilation, archiving, and access), attribution, and data distribution and intellectual property rights. In addition, Task 2.4 will produce policy documents for ACTRIS access and service provision, ethical guidelines, staff rules. The policy documents will be drafted by the Task partners, with all ACTRIS national representatives. The interaction will be performed by the Interim ACTRIS Council to receive guidance for approval by the ACTRIS members.