minerals4eu - guidelines on membership structure
DESCRIPTION
ÂTRANSCRIPT
Minerals4EU FP7-NMP.2013.4.1-3
Minerals Intelligence Network for Europe
Deliverable 2.2
Guidelines on Membership Structure
Title of the project: Minerals Intelligence Network for Europe – Minerals4EU Grant Agreement number: 608921 Funding Scheme: FP7-NMP-2013: 4.1-3 –CSA (COORDINATING) Start date: 01.09.2013 Duration: 24 months Document title: Guidelines on Membership Structure Workpackage: WP2 Author(s): Compiled by David Ovadia / Luca Demicheli Date of delivery: 28.11.2014 Dissemination level: PU1
Reviewed by: WP2 Partners Status of the document: Final Document location: Folder: Minerals4EU/Deliverables Project web site: http://www.minerals4eu.eu
1 PU=public, PP= Restricted to other programme participants (including the Commission Services), RE= Restricted to a group specified by the consortium (including the Commission Services), CO= Confidential, only for members of the consortium (including the Commission Services)
Minerals4EU FP7-NMP.2013.4.1-3
Contents 1. Revision History ........................................................................................................................ 1
2. Introduction .............................................................................................................................. 1
3. Structure ................................................................................................................................... 2
4. Membership ............................................................................................................................. 2
4.1 Core Members ........................................................................................................................ 3
Voting Rights: ........................................................................................................................... 3
Obligations: .............................................................................................................................. 3
Benefits ..................................................................................................................................... 3
4.2 Associate Members ................................................................................................................ 4
Voting rights ............................................................................................................................. 4
Obligations: .............................................................................................................................. 4
Benefits: .................................................................................................................................... 4
5. Users (Clients) ........................................................................................................................... 5
6. Conclusions ............................................................................................................................... 5
1 Work Package 2: Sustainable Minerals Intelligence Network November 2014
Minerals4EU FP7-NMP.2013.4.1-3
1. Revision History
Due to a series of unexpected and unavoidable circumstances, the finalisation of Deliverables
2.1 and 2.2 of the Minerals4EU Project was delayed. The consortium partners involved in Work
Package 2 (WP2), responsible for those Deliverables, agreed to take corrective measures in
order to submit a preliminary version of the two documents to the Minerals4EU Project
Manager for subsequent forwarding to the European Commission (EC) by 23rd October 2014.
This date was selected to allow the Directors of the Geological Surveys of Europe to deliberate
on their content during the EuroGeoSurveys (EGS) General Meeting on 21st October 2014,
before the submission of the final versions of the Reports to the EC. The EGS Directors endorsed
the preliminary drafts at that meeting, with a few comments that have now been incorporated
in this Report.
This document is therefore a longer and revised version (final draft) of the preliminary report
prepared by the Drafting Team and reviewed by all WP2 Partners , enabling it to be sent in its
final form to the EC via the Project Coordinator on 28th November 2014.
It should be noted that, although the Deliverable is submitted to the European Commission on
28th November 2014, there are several aspects of it that remain work-in-progress because the
nature of the project implies continuous interactions and consultations with EC services and
external stakeholders, as well as with the project partners themselves. Evolving boundary
conditions might also influence the content. All partners however agree and understand that
fundamental modifications will not be possible after the formal submission to the EC, unless
specifically recommended by the EC itself.
2. Introduction
The Network is intended to be a permanent system under a well-defined organisational
structure. Thus, a clear dialogue and agreements between the network operators and the
suppliers of raw or processed data, knowledge and expertise on which the network depends has
to be ensured. Furthermore, since the raison d'être of the Network is to supply minerals
information, related services and mineral raw materials expertise to its users (clients) there
must be clear guidelines on the supply conditions. This Report sets out the category definitions,
roles, responsibilities and conditions for the supply and user sides of the Network, as far as the
membership is concerned.
For the avoidance of doubt, we refer throughout this Report to the “Permanent Network”. The
extent to which this is a physical body in Brussels or elsewhere, a virtual network or a hub-and-
2 Work Package 2: Sustainable Minerals Intelligence Network November 2014
Minerals4EU FP7-NMP.2013.4.1-3
spoke system has been described provisionally in Deliverable 2.1 but is still subject to emerging
thinking.
3. Structure
The Permanent Network will need to have a small operations team responsible for its day-to-
day running which reports through the Chief Executive (or Manager, if that term is preferred), to
the Governing Body, which is broadly equivalent to the Board of Directors of a small company.
This comprises elected representatives of the members of the Permanent Network.
The Governing Body will be able at its discretion to co-opt additional representatives from
industry and commerce, in accordance with the conditions of the Minerals4EU project2.
Members of the Governing Body will serve on it for a fixed period of three years, and may be
eligible for re-election, in accordance with the conditions of its Articles of Association. In order
to avoid the entire Governing Body standing down after the initial three year period, one third
of it will initially serve for three years, one third for four years and one third for five years;
thereafter a triennial rotation will prevail. The size of the Governing Body has not yet been fixed
but is likely to be about six to eight people if it is to be both effective and representative. It
would be unworkable to have every, or even most, of the broader membership sitting on the
Governing Body.
4. Membership
At the time of writing this Report, WP2 Partners are undecided whether there should be a single
type of membership, open to all eligible organisations, or a two-layer structure with core and
associate membership. In the latter case, there is an on-going debate on the extent of core
membership in terms of it being the Geological Surveys members of EGS, or if it may extend to
others. To resolve these matters, Partners have been sent an opinion Poll, the results of which
will help to fine-tune the structure of the Permanent Network, but will not be available in time
for submission of this Report. Therefore, for the purposes of reporting, this document assumes a
two-layer structure with a core membership eligibility still to be determined.
2 The project proposal says with regard to WP2: “Moreover an Industrial Consultation Committee will be formed of
main stakeholders and end user industries who will have an important voice in determining the outputs of the network.”
3 Work Package 2: Sustainable Minerals Intelligence Network November 2014
Minerals4EU FP7-NMP.2013.4.1-3
4.1 Core Members Core membership will be open to all parties deemed eligible by the Governing Body, who elect
to participate in the long term supply and integration of data, information and expertise. It is
expected that all or most of the members of EuroGeoSurveys will elect to become core
members, but it is entirely possible for individual Surveys to opt in or to opt out at any stage if
their national policy so requires. The exact limitations for core membership are still being
developed, and advice will be taken from the EC and elsewhere.
The rights and obligations of the members will need to be precisely defined. In the event that a
core member does not honour its obligations, its membership may be terminated by a majority
vote of the core members. Where judged appropriate by the core membership, compensation
may be made by the Permanent Network to the core member to cover the reasonable time and
costs of fulfilling its supply obligations. The rules for such compensation will be specified.
Voting Rights: In return for becoming a core member, the member will have a voting right to
appoint the Governing Body, whose membership may be drawn from the institutions according
to the Articles of Association3 of the Permanent Network, and to exercise its vote in any other
matter put to it by the Governing Body or the membership itself. Each member will have a single
vote and decisions will generally be taken by a simple majority, although on matters such as
significant changes of membership, policy or status, a two-thirds majority will be required
(equivalent to a Special Resolution in a company). The core members may, if they so wish,
appoint another organisation to exercise their vote as a mandated or discretionary proxy.
Obligations: Each core member will undertake to supply to the Permanent Network, to the
best of its ability and in accordance with the legal statutes of its nation state, those data, in-kind
or financial support that are requested of it by the Governing Body. The core member may
impose reasonable conditions on such supply, in particular relating to confidentiality and IPR
protection. In the event that a core member is unable or unwilling to meet its obligations, its
core member status may be reviewed by the Governing Body that may make recommendations
to the core membership as a whole. Where judged appropriate by the Governing Body,
compensation may be made by the Permanent Network to the core member to cover the
reasonable time and costs of fulfilling its obligations.
Benefits: By virtue of their ability to appoint the Governing Body, which in turn controls the
operation and strategy of the Permanent Network, the core members exercise full control over
the boundary conditions of the Permanent Network. Through this Network, the individual
3 The Articles of Association will be drawn up with legal advice once the exact legal status of the Permanent Network
is established, but in general terms will be similar to those of a small, not-for-profit company, owned collectively and in equal shares by the core members.
4 Work Package 2: Sustainable Minerals Intelligence Network November 2014
Minerals4EU FP7-NMP.2013.4.1-3
members are able to discharge in full or in part their obligations to disseminate relevant national
data.
4.2 Associate Members Any individual or organisation may apply to the Governing Body to become an associate
member, which does not confer any voting rights. This may include local, national and sub /
trans-national European public sector organisations, academics, professional organisations,
mining and exploration companies, their trade associations, or other specialist commercial
entities. The Governing Body may invite any other organisation or individual to become an
associate member, where to do so would add value. Associate membership is not limited to
those in Europe and could include, for example, OAGS, CCOP, ASGMI, USGS, WTO, WEF or
international academic, professional or commercial organisations.
Voting rights: none, although at the discretion of the Governing Body, associate members may
be invited to contribute, speak and otherwise participate in the activities of the core member
group of the Permanent Network.
Obligations: Any obligations on the associate member will be discussed and agreed bilaterally
with the Governing Body as a condition of membership. Obligations could include, for example,
the supply of statistical expertise, data not available through Geological Surveys, exploitation
facilities, technical assistance, relationship benefits to other projects or networks, etc. The
important point is that all obligations should be clear, fully discussed and agreed to, so that they
can be identified and reported. Where judged appropriate by the Governing Body,
compensation may be made by the Permanent Network to the associate member to cover the
reasonable time and costs of fulfilling its obligations. Alternatively in certain cases, a
membership fee may be payable.
Benefits: Associate members will be kept fully informed of all activities on the same basis as
core members, including having access to the Network’s data subject to confidentiality, licence
agreements and payment of fees as appropriate. The relation of the Network´s data concerned
by this rule compared to the published data, still needs to be defined.
5 Work Package 2: Sustainable Minerals Intelligence Network November 2014
Minerals4EU FP7-NMP.2013.4.1-3
5. Users (Clients)
Users (clients) are not members of the Permanent Network but those who will benefit from its
activities, principally through access to data, information, expertise and technical or non-
technical advice from the Permanent Network itself or with its wider network of members.
Users will include a wide range of public and private sector bodies, local, national or sub / trans-
national public bodies, academia, consultants, companies, media and many others who wish for
ad hoc or subscription services from the Network. In consultation with the European
Commission, which is seen both as a user and a partner in the Network, the Governing Body will
be responsible for setting usage policies and for deciding if pricing policies should be applied,
whether by licence agreement, one-off payments or contract arrangements. In case it is decided
that a pricing policy is applied, the Governing Body can set differential rates for academic
research, public sector use or commercial gain. However, at this stage, there is no intention to
charge for basic data in digital form delivered on-line.
Provision will be made in the business model for certain users, with the agreement of the
Governing Body, to act as third party value added re-sellers of the information, against the
payment of licence or usage fees to the Permanent Network. It is anticipated that various
commercial organisations will wish to build products that incorporate information supplied by
the Permanent Network alongside information sourced elsewhere, for example topographic,
satellite derived data, social, economic or political indicators.
6. Conclusions
This Report, which represents work-in-progress, contains reference to several as-yet unresolved
matters, particularly relating to membership and governance. This reflects a variety of opinions
from the Minerals4EU Partners who come from a diverse range of independently minded
organisations. Convergence will be achieved only slowly. Nevertheless, the basic principles of
the Permanent Network have been agreed; that it will be governed by elected representatives
of the Project Partners, that it will be open to eligible organisations beyond the current
Partnership, that it will require a small team for day-to-day operations, that it will involve
industry and that it will service effectively the needs of users. In achieving this level of
agreement, an important step has been taken towards setting up the desired Permanent
Network, which becomes the subject of the next phase of work for WP2.