CONSORTIUM GARR ASSOCIATION
(GESTIONE AMPLIAMENTO RETE RICERCA)
(NAME, SUBJECT, DURATION, SOCIAL CAPITAL)
Art. 1 – Name and legal form
- Pursuant to Articles 14 et seq. of the Italian Civil Code, the Association is to be recognised according to the DPR (Presidential Decree) 10 February 2000, no. 361, called Consortium GARR (Gestione Ampliamento Rete Ricerca), without constraints of graphic representation, and more briefly, within this Statute, "the Consortium".
Art. 2 – Headquarters
- The Consortium is headquartered in Rome, Via dei Tizii n° 6, and can set up subsidiaries, branches, representations and agencies, as well as operational and/or administrative offices. The headquarters may be changed by resolution of the Board of Directors.
Art. 3 – Duration
- The Consortium lasts until December 31 2040, unless extensions are deliberated by the General Assembly.
Art. 4 - Purpose
- The Consortium aims to:
a) design, implement and manage, with its own organisational and technical facilities, a national high-tech telecommunications network capable of securing connectivity for the Italian scientific and academic community to the global Academic and Research Network System;
b) provide services to facilitate the harmonization, implementation and management of e-Infrastructures for the national scientific and academic community;
c) support and stimulate the development of tools to facilitate access to computing, supercomputing and storage resources at national and international level, delivering the appropriate services needed to maintain e-Infrastructures at international standards;
d) carry out related technological research, experimentation, technology transfer and staff training.
- The use of the network and the services to access e-Infrastructures is intended primarily for the institutional activities of the associates, the MIUR and other parties entering an agreement (see Art. 21.d) with the Consortium. Institutional activities shall be understood as all those relating to the performance of the tasks set out in their respective Statutes, including the activities within the Conventions or agreements approved by their respective bodies, provided that they are used for institutional purposes. These include, in particular, institutional activities, research, teaching, e-learning, dissemination of knowledge, administrative functions of subjects and between persons authorized for access and research activities on behalf of third parties.
- The Consortium does not pursue profit and therefore cannot distribute profits, in any form, to associates. Any operating surpluses should be reused for social activities or designated to strengthening the asset base.
Art. 5 – Objectives
- In order to achieve this purpose, the Consortium, in its capacity as manager of the network, is responsible for developing the following functions:
a) planning the development of the network and services, based on the needs of the associates;
b) establish network development paths and organisational schemes for network infrastructures; defines specifications, technical solutions, network protocols, and access rules;
c) define and coordinate the configuration of network access equipment;
d) evaluate the technical and economic development of highly innovative networks in the pursuit of the objectives;
e) provide effective information and documentation tools on the operation of the network;
f ) establish the conditions for access to the network and its modalities;
g) support the ICT initiatives of various public institutions, organisations of public institution and inter-university computing consortia, with a view to developing and promoting synergies between them and the harmonization of initiatives for the benefit of the entire Italian scientific and research community.
- The Consortium also has authority for the addresses, accesses and the structure of information of general interest, and is responsible for the agreements, contracts and administrative and accounting procedures for the acquisition of the lines and connections necessary for the construction of the network.
- The Consortium may make available to its associates and affiliates facilities and equipment for the achievement of their respective institutional goals in the fields of scientific and technological research, in accordance with the procedures to be established by the Board of Directors.
- The Consortium will be able to carry out all other activities and perform all the operations and proceedings necessary and useful to the achievement of the social objectives. For the sole purpose of carrying out the functions and services referred to in the preceding paragraphs, the Consortium may enter into agreements and cooperations with other public or private entities having a common interest in their business sectors. Consequently, in order to pursue its statutory goals, Consortium GARR will be able to participate in calls for proposals, programs and research projects in its areas of expertise, as published by local, national and international bodies.
- In any case, the Consortium can only act in its own name. The Consortium shall not represent individual associates in their dealings with third parties or assume obligations on their behalf.
Art. 6 – Amendments to the Articles of Association and to the Statute
- Amendments to the Articles of Association and the Statute can be made by a resolution of the extraordinary Assembly by the majority of those present and with the favorable and unanimous vote of the promoter members.
Art. 7 – Assets and means of operation
- In pursuing the statutory objectives of the Association and to ensure its functioning, initial asset base is provided by the founding members as indicated in the constitution.
- The asset base of the association is composed of:
- the social fund of Euro 500.000 (five hundred thousand) allocated by the founding members at the time of constitution;
- any subsequent contribution to the Social Fund by the Members, collectively or individually;
- the participation fees of the new associates;
- the physical and intellectual assets (active and passive) arising from the realization and management of the GARR-B Project by INFN in relation to the Implementation Conventions of the Framework Programme by the Ministry of Education, University and Research and INFN on 10.3.1998 and subsequent extensions;
- movable and immovable property acquired by the Association in any way, as well as from contributions, legacies and donations made by public and private natural and legal persons, whose acceptance is deliberated by the Board of Directors, with the indication to designate it as an asset;
- from the proceeds of the initiatives promoted by the Association and any other revenue, destined for a resolution by the Board of Directors to increase the asset base;
- any surplus, also designated as reserve funds.
- The Board of Directors makes decisions regarding investments of assets.
- For the duration of the association members may not request the division of the capital base.
- The means for the activity of the Association derive from the contributions of the associates provided for in art. 14, from income from activities, subsidies, grants and donations from the state or public or private, national, european, and international bodies.
- It is forbidden to distribute any profits, even indirectly.
Art. 8 - Programme of activities
- The Consortium's activities are carried out through Multi-Year Programming and Annual Activity Programs, consisting of specific plans for each project, prepared by the Director and proposed by the Board of Directors to the Assembly, which adopts them when approving the Budget.
Art. 9 – Personnel
- In carrying out activities, functions and services, the Consortium normally employs staff made available by the associates.
- Any other recruitment of staff must be carried out with a contract not exceeding the duration of the Consortium.
- Associates do not respond or make any commitment to professional relationships put in place by the Consortium under the preceding paragraph or towards those who will benefit from the Consortium's vocational training activities.