Commission Implementing Decision of 22 November 2013 on setting up the European Social Survey as a European Research Infrastructure Consortium (ESS ERIC) (2013/700/EU)

CHAPTER 7 POLICIES

Article 20 Procurement and tax exemptions

1. ESS ERIC shall treat procurement candidates and tenderers equally and without discrimination, regardless whether or not they are based within the European Union. The ESS ERIC procurement policy shall respect the principles of transparency, non-discrimination and competition. The General Assembly shall establish detailed rules on procurement procedures and criteria.

2. Tax exemptions based on Articles 143(1)(g) and 151(1)(b) of Council Directive 2006/112/EC(1) and in accordance with Articles 50 and 51 of Council Implementing Regulation (EU) No 282/2011(2) shall apply to purchases of goods and services by the ERIC exceeding EUR 250 in value which are for official use by the ESS ERIC and are wholly paid and procured by the ESS ERIC. Procurement by individual members shall not benefit from these exemptions.

Article 21 Liability

1. The ESS ERIC shall be liable for its debts.

2. The maximum financial liability of the Members for the debts of the ESS ERIC shall be limited to their annual contribution, including contributions covering the Exit Notice Period.

3. The General Assembly shall ensure that the ESS ERIC takes out appropriate insurance to cover any risks specific to the construction and operation of its infrastructure, including provisions relating to the winding up of the ERIC, should that arise. In addition, such insurance could include, without limitation, personal liabilities of the Director, Deputy Directors or any other natural person performing any functions for the ESS ERIC.

4. National Representatives, the Director and Deputy Directors, Observers and other members of committees and bodies of the ESS ERIC shall not be liable for any debt of the ESS ERIC.

5. All activities of the ESS ERIC shall be coordinated and take place on the basis that the ESS ERIC is not liable for activities carried out for it by Members or others as set out in Standing Orders when necessary.

Article 22 Scientific Evaluation and Dissemination Policy

1. The ESS ERIC shall allow free access to all data of the European Social Survey for the purposes of scientific evaluation. Such policy may be further detailed by Standing Orders.

2. The ESS ERIC shall seek to ensure that the results of the European Social Survey are available to all. The ESS ERIC shall develop and publicise its dissemination strategy. Such policy may be further detailed by Standing Orders.

Article 23 Intellectual Property Rights Policy and Data Policy

1. The ESS ERIC shall where practicable seek to own the intellectual property rights in its work. It shall grant a royalty free non-exclusive licence over its intellectual property rights to any person for non-commercial purposes. In respect of use of the ESS ERIC’s intellectual property for commercial purposes this shall be handled on a case by case basis. Such policy may be further detailed by Standing Orders.

2. The ESS ERIC shall allow free access to all data of the European Social Survey by the scientific community. There shall be no privileged access rights by any person to such data except during its processing and preparation for public use. Such policy may be further detailed by Standing Orders.

3. The ESS ERIC shall subscribe to the Declaration on Ethics of the International Statistical Institute.

4. The ESS ERIC shall ensure so far as practicable that all data of the ESS ERIC is anonymised. To the extent that this is not possible then the principles of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(3) shall be applied.

5. All data generated by the ESS ERIC shall be handled in each relevant country according to the data protection laws of that country.

6. Such data policy may be further detailed by Standing Orders.

Article 24 Employment Policy

The ESS ERIC is committed to equality of opportunity and it will not discriminate against any person on the grounds of race, ethnic origin, gender, creed, disability, sexual orientation or any other ground which is regarded as discrimination under European Union law when necessary. Such policy may be further detailed by Standing Orders.

(1)

OJ L 347, 11.12.2006, p. 1.

(2)

OJ L 77, 23.3.2011, p. 1.

(3)

OJ L 281, 23.11.1995, p. 31.