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Article 11 Decision-making by the Assembly of Members

United Kingdom

Original text. Later amendments are not shown.

1.

For the purposes of this Article ‘present’ shall mean face-to-face, by telephone, video conference or other practical means as determined in the Rules of procedure.

2.

Quorum shall be formed when the following conditions are met:

(a)

a majority of Members are present, and they represent 75 % of the Members annual mandatory contributions;

(b)

for decisions taken pursuant to paragraph 8, 75 % of Members are present, and they represent 75 % of the Members annual mandatory contributions;

(c)

of the Members present, Member States of the European Union must have the majority of the votesf1.

3.

Each Member shall have one vote. Defaulting Members shall have no vote.

4.

On all decisions the Assembly of Members shall use their best efforts to achieve consensus.

5.

Failing consensus a simple majority of those Members present and voting shall be sufficient to pass a decision unless explicitly stated otherwise in these Statutes or in the Rules of Procedure.

6.

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

7.

Decisions to submit a proposal to the Commission to amend the Statutes shall require unanimous approval.

8.

The following decisions shall require agreement of at least 75 % of all the Members representing at least 75 % of the Members annual mandatory contributions:

(a)

adoption of and changes to the Rules of Procedure, Financial and Internal Rules;

(b)

acceptance of new Members;

(c)

acceptance of new Observers;

(d)

votes regarding Defaulting Members, including but not limited to the exclusion of Members (concerned Members excluded from voting);

(e)

decision on termination of BBMRI-ERIC.

9.

The following decisions shall require agreement of at least 75 % of Members present and voting representing at least 75 % of the Members annual mandatory contributions:

(a)

decisions on the Work Programme and budget;

(b)

approval of the annual report and the annual accounts;

(c)

adjustment of the scale of financial contributions according to Article 5(8);

(d)

appointment or dismissal of the Director-General;

(e)

decisions on winding up of BBMRI-ERIC in case of termination of the infrastructure.

10.

The Chair and Vice-Chair of the Assembly of Members and of the Finance Committee shall be elected among the Members’ delegates with at least 75 % of the Members present and voting for a term of one year with the possibility to be re-elected twice. The Vice-Chair shall, in the absence or incapacity of the Chair, represent the Chair.

11.

The Assembly of Members shall meet at least once a year. It may also meet in extraordinary session at the Chair’s request or at the request of one quarter of its Members.

Annotations

Footnotes

f1

In case of Council adoption of the amendment of Regulation (EC) No 723/2009, Article 9(3), in regard to enabling participation of associated countries in ERIC’s on the same footing as EU Member States, from the day of the amendment entering into force condition (c) shall read ‘Of the Members present Member States of the European Union and associated countries must have the majority of the votes’.