Thematic distribution of competencies

Transcription

1 Thematic distribution of competencies Hannover Declaration, Territorial Competence of Page 1: was established by a CM of 17 countries and members of the Commission of the European Communities. The objective of is to raise ( ) the productivity and competitiveness of Europe s industries and national economies on the world market. will enable Europe to master and exploit the technologies. Page 2, C, (i) point 6: The seconded staff shall constitute a balanced group, with each professional seconded by a different member. One of the seconded staff shall always be from the European Commission. All members will endeavour to second personnel. (Only the location of the registered office of the ESE, Article 2). About the EG, page 7 : It shall consist of the Chairperson and 7 members: 3 members representing the past, acting and forthcoming Chairs (the troika) and 4 more members to ensure an appropriate balance between most active countries (regarding the generation of new projects), the size of countries and their geographical position. Doc 1, criteria and procedures point 1: New full membership of is restricted to countries that are European or have part of their territory within geographical Europe. The eastern boundary of Europe has been defined in doc HLG 1524 p.4, as being west of the Ural Mountains and north of the Caucasus Mountains, but including the Transcaucasus countries, (earlier members of the Sovjet Union). 2. Material Competence of Page 9: The composition of the Secretariat should reflect the participation of EC and non-ec members in. Page 1: The objective of is to raise, through closer cooperation among enterprises and research institutes in the field of advanced technologies, the productivity and competitiveness of Europe s industries and national economies on the world market, and hence strengthen the basis for lasting prosperity and employment. Page 1, A, point 2: The role of the Secretariat is to provide continuous support to the Network, primarily at a working level. In addition, given the depth of experience of embodied within the Secretariat and the ability of its staff to gain an overview of the initiative, the Secretariat is in a good position to advise on policy and strategy development work, but cannot implement new initiatives without the prior agreement of the Group of High Level Representatives or the Group of National Project Co-ordinators, in accordance with the Statement of Roles and Responsibilities endorsed by the Group of HLR in Edinburgh in April (or as subsequently amended by that Group). Article 3: This non-profit association carries out scientific activities which are of utility on an international level. It has the following purpose: to act as a central office for the collection and dissemination of information on technological research and development projects; to provide assistance to business enterprises and research establishments concerned by such projects; to provide assistance with the administrative arrangements required for meetings; to implement and manage R&D Programmes entrusted to the Association by the European Communities or member states. Decisions related to the execution of such Programmes will be taken according to the rules set out in an Annex, which is an integral part of these statutes. in general to contribute to the aims formulated and to be formulated by the members of Specific to each organ. Thematic distribution of competencies 1

2 3. Membership of (full members) Page 3, C, (iv), point 14: (not directly linked to membership) The whole staff will work in the true team spirit and will in particular act in the interests of the membership as a whole and independently of the particular member by whom they are nominated. in accordance with the Memorandum of Understanding relating to the Association. Article 4.2: Admission will be decided by the GA by proposal of the EB. The member whose admission is proposed should have been designated by the government s adherence to the MoU or by the governments having adhered at a later date. Article 4.3: Approval of the Articles of Association in their latest amended version as well as other possible regulations issued or approved by the Association in relation with it, is required. Article 4.4: Termination through resignation, dismissal or loss of the status of HLR. I.1: The MC gives its approval on the admission of new members or associated partners. I.3: The HLG proposes Chair countries to the MC upon application by members. The HLG proposes to the MC the admission of new members or associate countries and the exclusion of members and associate countries. The members of are the different parties that have signed the MoU ( ) or have joined later. HLG s decision-making: if a consensus cannot be obtained, by unanimity: proposal of exclusion of a member or associated country. I.6: each member appoints a NPC as member of the NPC Group. II.1: GA Competences of the GA: appointment of the members of the Association. Members of the Association are members of a personal basis. If an ordinary member has to be represented by another individual a proxy is needed. If Doc 1, criteria and procedures point 3: The criteria for becoming a full member of are: is within the defined geographical boundaries; pursues an active market economy policy; has gained experience of through project participation with industries and research institutes; enjoys facilities, structures and resources for project implementation at a level, also beneficial to the other project partners; possesses financial instruments and resources for membership and project participation; has established appropriate framework conditions like export and nonproliferation control arrangements and adequate protection of intellectual property rights. ( ) The application to become a member or associated country shall be submitted to the ESE. The application will be examined in the EG on the basis examined in the EG on the basis of an assessment that checks whether all the criteria are fulfilled. A representative of the applicant country may be invited to give information to the EG. The EG will make a recommendation to the HLG. 4. Membership of (associated countries) I.3: The HLG proposes to the MC the admission of new members or associated countries and the exclusion of members and associated countries. Doc. 2, Point 4 Acceptance of Associate Countries: The HLG shall decide by consensus whether to recommend the granting of Associate status for approval by the MC. The decision in the MC will follow the procedures used for admission of a new Member. Thematic distribution of competencies 2

3 5. Termination of membership (full members and associated countries) Article 4.4: Membership shall be terminated through resignation, dismissal or loss of the status of HLR. Page 7, 2.1: The coordinating body is the MC. Each member can resign from the association at the end of the financial year (written notice to the Headquarters at the latest three months before the end of the financial year ad after the fulfilment of its obligations related to the payment of hisher contribution or any amount owed to the association. Dismissal of a member is decided by the GA on proposal by the EB. The member will be invited to present hisher defence before the GA. Dismissal shall have an immediate effect. Article 5.2.1: GA s decision to dismiss a member by unanimity. Article 5: the GA is the highest body within the Association. II.1: Competences of the GA: dismissal of the members of the Association. I.1: The MC is the highest-ranking body within. A Partnership agreement must be elaborated between and the applicant for associate status. After approval by the MC, the Partnership Agreement shall be signed by the governmental representatives of the Chair country and of the applicant Associated Country. Doc. 2, point 5. Renewal and Termination of the Association status: The Associate Country status is granted for successive periods of three years. At the end of each period, a new, specific decision of the HLG is needed. No new application process will be necessary, other than an exchange of letters with the Chair. The decision of the HLG will be mainly based on the examination of the extent of fulfillment of the obligations under the corresponding Partnership Agreement on the basis of an evaluation report timely drawn up by the ESE, and it can be: o Renewal of the Associate Country status, which includes an updated Partnership Agreement o To grant a period of two years to rectify a situation suggesting a termination (i.e., low project participation, lack of support to European industries), after which a decision will be reached; o To withdraw the Associate Country status. 6. Denomination of the bodies I.3: The HLG is the key decisionmaking body within. I.5: The role of the EG is to act as an advisory body to the Chair. II.1: The GA is the highest-level body of the Association. Thematic distribution of competencies 3

4 7. Page 4, D (i) 18: The Secretariat will have an independent legal entity as an "association intemationale sans but lucratif" (AISBL) under Belgian law. The Secretariat will have the power to enter into contractual arrangements with suppliers of necessary goods and services. It will be legally responsible for the acts or omissions of its staff, acting in their professional capacity Article 10: The Chairman of the EB represents the Association towards third parties. Legal actions or arbitration in which the Association is involved either as plaintiff or as defendant shall be monitored by the EB represented by the Chairman or another EB member specially authorized by herhim for the purpose. I.4: The Minister representing the Chair country is the official representative of to the outside world: heshe may delegate the representation of to the Chairman of the HLG. III.4: the ESE acts as the dedicated implementation structure for Eurostars Programme, for which the Head of the ESE acts as a legal representative of the Eurostars Programme towards the High Level Group, the Eurostars HLG, the European Commission, the network and the outside world. Representation of the bodies 8. Head of the Secretariat Page 1, B.4: The Group of HLR will designate one of the seconded staff as "Head of the ESE". Page 4, C (vi) 17: The Head of the Secretariat shall bear overall responsibility for the activities of the Secretariat and report to the Chairman of the Group of High Level Representatives respecting the principle of accountability in paragraph : In accordance with Section 2.3 of the Hanover Declaration of Principles, the Secretariat will be established "under the responsibility of the Conference of Ministers". It will be accountable to the Group of High Level Representatives between meetings of the Ministerial Conference, and to the Chairman of the Group between meetings of the Group. Article 7: The Head of secretariat is appointed by the GA on the basis of a list of applicants proposed by the EB. The Head of ESE is, particularly, entrusted with the daily management of the Association and the running and implementation of the Programmes mentioned in Article 3(d). IV.2: The Head of the Secretariat acts as a legal representative of the Eurostars Programme and is responsible for the overall management of the Eurostars Joint Programme in the ESE and in the Eurostars Advisory Group. II.3, page 12: The Head of the Secretariat is appointed by the General Assembly following an open selection procedure. The Head of the Secretariat is supported by a Deputy Head of the Secretariat who is responsible for the day to day management of the office during absence of the Head of the Secretariat. The Deputy Head of the Secretariat is appointed by the Head of the Secretariat after approval of the Executive Board. The Head of the Secretariat oversees the work of the Secretariat. He reports to the GA and EB, with respect to all legal issues of the association and his or her competence to implement the ESE Annual Resource Plan. In addition he or she reports to the Chair and HLG with respect to his or her competence to Thematic distribution of competencies 4

5 support the implementation of the Annual Work Programme. 9. Staff of the Secretariat 10. Accountability Responsibility Page 8, 2.3: A small and flexible Secretariat or task force under the responsibility of the Conference of ministers will be established to enhance the transparency and efficiency of. Page 9: the composition of the Secretariat should reflect the participation of EC and non-ec members in. Page 7, 2.1: It will be the responsibility of the CM to develop further the substance, structures and goals of and to assess the results. Page 8, 2.3: A small and flexible secretariat or task force under the responsibility of the Conference of Ministers will be established to enhance the transparency and efficiency of. Nationality Page 2, C, (i), 6: The seconded staff shall constitute a balanced group, with each professional seconded by a different member. One of the seconded staff shall always be from the European Commission. All members will endeavour to second personnel. 7. Directly employed staff will be nationals of any country and be legally entitled to work in Belgium. Cf document for: Rotation Nomination Terms and conditions of employment Professional capabilities Accountabilities Languages Internal office rules Page 3, C (iv), 12: The seconded staff of the Secretariat will respect the principle of accountability in paragraph 14 below. 14: During the period of their service, the staff of the Secretariat will report to the Head of the Secretariat, will work in conformity with paragraphs 17 and 23 below and will respect the principle of accountability in paragraph 21 below and appropriate principles of confidentiality. Page 4, C (vi), 17: The Head of the Secretariat shall bear overall responsibility for the activities of the Secretariat and report to the Chairman of the Group of High Level Representatives respecting the principle of accountability in paragraph 21. II.3, page 12: All the staff in the Association is accountable to the Head of the Secretariat in supporting him or her in fulfilling this role. Article 7.2. The Head of secretariat is, particularly, entrusted ( responsable in French) with the daily management of the Association and the running and implementation of the Programmes mentioned in Article 3(d). Preamble: Pursuant to Part IV, paragraph 2.1, of the Hanover Declaration, the co-ordinating body of is the Conference of Ministers, whose responsibility it is to develop further the substance, structures and goals of and to assess the results. Pursuant to Part IV, paragraph 2.3, of the Hannover Declaration, a small and flexible ESE or task force under the responsibility of the Conference of Ministers will be established to enhance the transparency and efficiency of. I.3: The High Level Group4 is the key decision-making body within, acting on behalf of the Ministers. It is generally responsible for the policy Thematic distribution of competencies 5

6 Page 5, C (vi), 21: In accordance with Section 2.3 of the Hanover Declaration of Principles, the Secretariat will be established "under the responsibility of the Conference of Ministers". It will be accountable to the Group of High Level Representatives between meetings of the Ministerial Conference, and to the Chairman of the Group between meetings of the Group. development, for monitoring and guiding the functioning of the Initiative, for deciding on project endorsement and for supervising the work of the NPC group and the ESE. I.6: The NPC group is accountable to the HLG. II.2: The Board is the sole responsible body for the management of the association. II.3: The Head of the Secretariat is supported by a Deputy Head of the Secretariat who is responsible for the day to day management of the office during absence of the Head of the Secretariat. All the staff in the Association is accountable to the Head of the Secretariat in supporting him or her in fulfilling this role. IV.2: The Head of the Secretariat acts as a legal representative of the Eurostars Programme and is responsible for the overall management of the Eurostars Joint Programme in the ESE and in the Eurostars Advisory Group. 11. Budget Page 4, D (ii) 19: The cost of the Secretariat will be met as follows: (a) all costs relating to salaries, pensions, expatriation and postadjustment allowances, accommodation, travel on home leave - will be borne by the member nominating each staff member (as defined in paragraph 10 above); (b) office costs - including rent, utilities, initial office equipment - will be borne by the country in which the Secretariat is located; (c) all other costs will be borne by the Article 5.2.3: If a consensus cannot be obtained, decisions in the General Assembly are taken as follows For decisions relating to the budget the following double majority is needed. Article 5.3: The GA is, amongst others, vested with the following exclusive competences: The approval of the budget of the Association for the next financial year. Article 6.5: EB preparation I.3 (HLG): If a consensus cannot be obtained as follows for decisions related to budget a double majority is needed. II.1 (GA): Approval of the accounts and of the budget If a consensus cannot be obtained as follows for decisions related to budget a double majority is needed. The GA should meet at least three times a year: in autumn (approval budget Annual Resource Plan Year n+1), spring (approval accounts for Thematic distribution of competencies 6

7 12. Registration of documents members in accordance with the subscription key annexed to this Memorandum of Understanding. 20: The Secretariat will prepare draft budgets each calendar year for the costs under paragraph 19 above, which will be presented to the Group of HLR by the Head of the ESE for the Group's approval. The annual accounts of the Secretariat will be audited in accordance with Belgian law. Article 8: EB the financial year shall end on 31 December of each year. The EB shall be required to submit to the GA the accounts for the previous year and the budget for the following year. Article 5.4: The conclusions of the deliberations of the Meetings of the GA shall be entered on the minutes signed by the Chairman and kept in a register held at the registered office of the Association. Article 6.6: The decisions of the EB shall be entered into a register signed by the Chairman. The register shall be made available to all members of the Association and held at the registered office of the Association. Year n-1). II.2 (EB): The EB is the sole responsible body for the management of the association. It has to prepare the accounts, the budget and the Annual Resource Plan to be presented to the General Assembly for approval. III.4 (ESE): Establishment of the yearly call budget. I.5: Minutes of the EG meetings, taken by the ESE, shall be made available to all HLG representatives for information, before the next HLG meeting and after verification of all EG members. Thematic distribution of competencies 7