Introduction1 Proposal for the structure of FAIR GmbH construction phase2 Relationship between FAIR GmbH and GSI mbH construction phase

ContractSite servicesProduction of FAIR components by GSI

3 Tax issues4. Relationship between FAIR GmbH and GSI mbH operation phase5. Status

Meeting CAS-GSI, 13.07. 2006:

Structure of FAIR GmbH and Relationship with GSI

FAIR – Facility for Antiproton and Ion Research

100 m

UNILAC SIS 18

SIS 100/300

HESR SuperFRS

NESR

CRRESR

GSI todayGSI today Future FacilityFuture Facility

ESR

PAC QCD E. Chiavassa

PAC NUSTAR R. Casten

PAC APPA D. Schwalm

TAC Y. Cho

Observers:

FAIR Project

CORECost Review Groups

D. Plane, W. Bartel

FCIFull Cost Issues

B. Brandt

AFI Working GroupAdministrative + Funding Issues

Ö. Skeppstedt

LFILegal Framework Issues

U.B. Jahn

STI Working GroupScientific + Technical Issues

H. Wenninger

ISCInternational Steering Committee

H. Schunck

Scientific, Technical and Legal Framework for FAIR

MiniTACs• Cryogenics• Warm and Cold magnets• Power Supplies• Beam Instrumentation• p-Linac

• Baseline Technical Report - accelerator TR's - experiment proposals - civil construction plans (~ 3500 pages)

• PAC & TAC Review Reports

• Cost Book

• Cost Review Reports - accelerator & civil construction (CORE-A) - experiments (CORE-E)

• Convention

• Articles of Association

• By-Laws

• Final Act Document

• Legal Framework Report (LFI)

• Full Cost Structure Report (FCI)

FAIR Project Status:

Building law:

Development plan is approved All environmental impact studies are accepted; Re-forestation and

natural compensation measures are concluded and contractually settled

Summary:Controlling report for the preparatory phase accepted by GSI Supervisory Board

Convention and Articles of Association are ready in AFI

Core facility and Specifications are defined

Layout is defined

Project cost estimates (cost book) are scrutinized and validated by expert groups

Scientific base programme is defined

Full costing issues are approved

FAIR status and next steps

Baseline Technical Report sent out (~ 3500 pages, more than 2400 authors)

- Legal documents and Governance structure (esp. two-company model, by laws) to be finalized until summer 2006

- Final negotiations on participation have started. Letter from Minister Schavan to all participating countries has been sent out.

- Germany has put aside the money for its part for construction ( approval by parliament)

- Signing of Final Act and foundation of FAIR GmbH, beginning of 2007...

- Start of construction (building work) 2008

How FAIR has been defined: legal aspects

Legal framework

1. FAIR Convention:

Treaty (International Public Law)• Parties: FAIR Member States• Ratification by parliaments

(1 a) FAIR Final Act: governmental agreement to start prior to ratification

2. FAIR Articles of Association:

• Foundation of a limited liability company "GmbH" under German civil company law as a non-profit organisation

• Shareholders: Institutions from FAIR Member States

(2 a) "By laws" = Agreement between shareholders

1. Proposal for the structure of FAIR GmbH (construction phase)

• Tasks:• FAIR GmbH is the Project owner• Definition of policy and strategy is with FAIR GmbH• Project and funding responsibility

•All money (except for in-kind) goes through FAIR•Supervision of all work packages by FAIR•Financial Controlling

• Personnel (first very rough estimate):• ~20 FTE for management and controlling• ~40 FTE for scientific/ technical project coordination• ~25 FTE for finance and contracts

Council

Management(2 managing directors)

Scientific Council (external)

Units:

–Controlling–R+D-co-ordination / institutions–Public relations–Quality management

Scientific technicalproject co-ordination

Finance and Contracts

Construction Financing and budget

Bookkeeping/accounting

Contract management

FAIR accelerator facilities

FAIR experiments

Integration and fundamental technical issues

General administration

2. Contract between FAIR GmbH and GSI mbH (construction phase)

• FAIR GmbH as "Bauherr" (legally the builder owner)• GSI as "architect" with operative tasks

• sub-project management + internal control of GSI tasks • Preparation of technical documents• Tendering, contracting, supervision for buildings and accelerators• Permit handling (building, radiation issues, environmental ...)• ...

• Scope of GSI's responsibility as "architect"; power of attorney• Warranty and liability• Joint Steering Committee for contractual questions only,

not a Joint Management Board for FAIR GmbH and/or GSI mbH • Arbitration between both partners• Remuneration of services provided by GSI mbH • Property rights and work results

Site services

• GSI makes infrastructure available to FAIR• Agreement for these services by separate contract (tax !)

Production of FAIR components by GSI

• Components by GSI as In-kind • Separate contract (as with any in-kind contribution)

Observers:

FAIR Project

.

If I can't picture it, I can't understand it.

Albert Einstein

Thank you for your attention