1. Article 15(1) of EC Regulation 723/2009 states: "The setting-up and internal functioning of an ERIC shall be governed: (a) by Community law, in particular this Regulation, and the decisions referred to in Articles 6(1)(a) and 11(1); (b) by the law of the State where the ERIC has its statutory seat in the case of matters not, or only partly, regulated by acts referred to in point (a); (c) by the Statutes and their implementing rules."
However, the SHARE-ERIC Statutes include several provisions that refer to the internal national laws of members (for example Articles 11(3), 12(3) and 14). What is the relationship between Article 15(1) of the Regulation, on the one hand, and these provisions of the Statutes on the other? In the matters covered by those provisions of the Statutes referring to national law, does national law prevail over Community law/law of the SHARE-ERIC statutory seat? And if so, then can other specific fields of law be made subject to a member's national law as opposed to other laws, either generally or with respect to Israel specifically?
2. Article 15(2) of the EC Regulation states: "The Court of Justice of the European Communities shall have jurisdiction over litigation among the members in relation to the ERIC, between the members and the ERIC and over any litigation to which the Community is a party."
By contrast, Article 8 of the SHARE-ERIC by-laws states: "All disputes arising between parties and/or organs of SHARE-ERIC which cannot be solved amicably shall finally be settled under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators (one nominated by each party and the third nominated by the arbitrators themselves in accordance with said Rules. Place of arbitration will be Tilburg, the Netherlands, if not otherwise agreed by the conflicting parties. The award of the arbitration will be final and binding upon the parties." It is not clear to us which types of disputes must be brought before the Court of Justice and which must be brought before arbitration.
3. Article 9 of the EC Regulation states: "Associated and third countries applying for the setting-up of or for membership in an ERIC shall accord to the ERIC treatment equivalent to that following from Articles 5(1)(d) and 7(3)." These last two Articles refer in turn to various EC Directives: Articles 143(g) and 151(1)(b) of Directive 2006/112/EC, Article 23(1) of Directive 92/12/EEC and Article 15(c) of Directive 2004/18/EC. These Directives are also referenced in the Statutes. In practice, are any of these legal Directives applicable to SHARE-ERIC? If so, to what extent would they be relevant for Israel as a SHARE-ERIC member?
תודה רבה וכל טוב,
אירה
רצ"ב התשובות ממטה share.
From: Daniela Pascal [mailto:danielap@savion.huji.ac.il]
Sent: Wednesday, September 19, 2012 2:29 PM
To: סורל הרלב
Cc: Howie Litwin
Subject: RE: הצעה להחלטה - הצטרפות מדינת ישראל כחברה בארגון SHARE-ERIC
המבצע את סקר הבריאות, הזדקנות ופרישה בארופה
סורל שלום רב,
מצ"ב התייחסות לשאלותיך, כפי שנענינו ממטה SHARE-אירופה.
בברכה,
דניאלה
1. The status of the By-Laws of SHARE-ERIC is giving practical guidelines, which follow from the statutes The last version, which you sent was accepted and hasn't been changed since then.
2. Art. 12 of the Statutes of the SHARE-ERIC does indeed refer to the national privacy laws of the Contracting Parties
It does include the national privacy laws of third countries/associated countries, as defined in Art. 2 of the Council Regulation (EC) 723/2009?
3. Art. 12(3) of the Statutes of the SHARE-ERIC (Dissemination and Use of the SHARE Data), refers to a declaration of data confidentiality according to the form provided by the European Commission (Official Journal of the European Union, L6/52, 10.1.2002). The text of the form can be found on: http://www.share-project.org/data-access-documentation/research-data-center-data-access.html
Kind regards,
Marie-Louise
From:
סורל הרלב [mailto:sorelH@pmo.gov.il]
Sent: Wednesday, September 19, 2012 12:02 PM
To: Daniela Pascal; Howie Litwin
Subject: FW: הצעה להחלטה - הצטרפות מדינת ישראל כחברה בארגון
SHARE-ERIC המבצע את סקר הבריאות, הזדקנות ופרישה בארופה
שלום רב,
להלן הבהרות המבוקשות על ידינו:
1. We would appreciate a clarification regarding the status of the By-Laws of SHARE-ERIC: Is it binding, and what is its final text? (The last version that we have (attached herewith) is a text from 25 May 2011 with proposed changes).
2. Art. 12 of the Statutes of the SHARE-ERIC (Dissemination and Use of the SHARE Data), including the proposed change thereof – does it refer to the national privacy laws of the Contracting Parties? If the answer is yes, does it include the national privacy laws of third countries/associated countries, as defined in Art. 2 of the Council Regulation (EC) 723/2009?
3. Art. 12(3) of the Statutes of the SHARE-ERIC (Dissemination and Use of the SHARE Data), refers to a declaration of data confidentiality according to the form provided by the European Commission (Official Journal of the European Union, L6/52, 10.1.2002). We would appreciate if it is possible to receive a text of the said form.
אם אין לכם הערות - האם תוכלו להעביר למטה SHARE – ERIC? אשמח לקבל העתק.
תודה,
סורל
From: M.L.G. Kemperman [mailto:M.L.G.Kemperman@uvt.nl]
Sent: Monday, September 03, 2012 11:46 AM
To: סורל הרלב; Howie Litwin
Cc: Daniela Pascal
Subject: FW: SHARE ERIC Council Meeting 21 September 2012
Dear Mr. Sorel,
We hereby send you a new version of the agenda for the SHARE ERIC COUNCIL meeting of 21 September, 2012.
We send you a list of those who already confirmed their attendance.
Furthermore we send you:
The updated agenda
The minutes of the 19-12-2012 SHARE ERIC Council meeting (agenda item 1)
The SHARE ERIC Scientific Report (agenda item 2 and 3)
The SHARE ERIC master budget (agenda item 5)
The financial report (agenda item 5)
The SHARE ERIC accounts
The SHARE ERIC Statutes (agenda item 7 and 8)
We are looking forward to seeing you on 21 September 2012.
Best regards,
Marie-Louise Kemperman
SHARE ERIC
T 406 Tilburg University
Warandelaan 2, 5037 AB Tilburg
The Netherlands
Tel: +31 13 466 2024
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