T 2.3 Setup of the Legal Framework and Partnership Model AIT, IAT, ICCS, TINC

2. T 2.3 Setup of the Legal Framework and Partnership ModelAIT, IAT, ICCS, TINC • Based on T1.5 : • Best practise examples • International perspective of the Legal Framework • The Legal Framework in the European Union Environment • The Legal Framework in the CEE Environment in Reference to EU Standards • The REGNET partnership model • Synopsis of agreements and Recommendations PMG03 Barcelona T2.3 Status

3. Further Development in Task 2.3 • Refinement of REGNET partnership model (e-Business aspects) • Definition of REGNET set of agreements on national and international level • Refinement of REGNET licensing and pricing model • Establishing of a REGNET non-profit organisation PMG03 Barcelona T2.3 Status

4. Status January 2002 • Focus on the establishment of REGNET agreements and partnership models in the Eastern European environment (Bulgaria) – Network modelling Model CSC-Artist Agreement • Establishment of a set of international and national agreements for predefined partnership models in the EU environment Individual Agreement Regional Pole Agreement Regional Pole Specification (based on AMICO) Agreement for Cultural Organisations REGNET membership agreement – Integration of technical specifications • Statutes of an European CSC (non-profit organization) PMG03 Barcelona T2.3 Status

5. Proposal: Establishment of an European Economic Interest Group CSC Europe EEIG Council Regulation No 2137/85 of 25 July 1985 • 1997 more than 800 EEIGs established • Main Purpose: • „...should facilitate the activities of its members by a pooling of resources, activities or skills“ • „...not intended to make profits for itself... „ „(profits)...will be apportioned among the members and taxed accordingly.“ • „...can not employ more than 500 persons.“ PMG03 Barcelona T2.3 Status

6. What is an EEIG? companiesother legal bodies(eg. universities, research institutes)firms individuals • Form of associationbetween from different EU countries who need to operate together across national frontiers (at least 2 members of different member states, and 2 organs: members and manager/s) • It can enter arrangements with organisations outside the EU • The Grouping may provide services for its members which relate to their profession It must be ancillary to them! • MUST NOT be formed with the objective of making profits, although it may do so as a consequence of its normal operations PMG03 Barcelona T2.3 Status

7. EEIG Advantages • Legal Capacity (enter contracts, sue etc.) • Flexibility in financing the Grouping • no capital requirement, contribution can be „services“ • Variation of funding models possible • It works for the members (no management control, no holding of shares of its members) PMG03 Barcelona T2.3 Status

8. EEIG Disadvantages • Lack of capital requirments, therefore unlimited joint and several liability (provisions must be made here) • Must not take public investment or buy a share of another EEIG PMG03 Barcelona T2.3 Status

9. EEIG Membership • Unlimited number of members • Each member has at least one vote • No member must hold majority of votes • Free decision on voting procedure • Members determine manager‘s power • Profits are shared according to shares (- formation contract) (taxed in relevant national law) • No accounting or auditing requirements PMG03 Barcelona T2.3 Status

10. The Formation Contract must say: • Full name („EEIG“ – mandatory) • Official Address • Objectives • Names of members • Permanent address or registered office • Number and place of registration of each member • Duration (if not indefinite) PMG03 Barcelona T2.3 Status