[Fiware-pcc] Comments to the Minutes of our PCC Call

[Juanjo Hierro]

On 20/07/12 15:32, Fasse, Axel wrote:

On 18/07/12 10:18, Fasse, Axel wrote:

Dear Juanjo,



As mentioned during the call, I have some comments with respect to the minutes.



*         Status of deliverables due by end of June

--> The proposed way to ensure the delivery as foreseen in the DOW is not consistent with the existing legal framework agreed with the partners and the EU. Hence, there is no legal reason for the partners to follow the proposed process. Further, this will lead to discussions with the partners and their legal departments. To avoid these discussions, you might add a comment, that TID proposed this way for the future and will change the existing legal framework, esp. the CA accordingly. Please be aware, that this proposal needs to be agreed by all partners. I think you should find a proper solution - agreed by all partners - before starting the discussion with Arian and the EU. Please note, that the Coordinator does not decide about justification of the efforts of the partners, that was decided by the European Commission only.

  We have forwarded your comments to our legal department and I hope we will get some answer tomorrow.
Dear Juanjo, that's fine. Please let us know the results of their evaluation.

Dear Axel,

  We got from our legal departments the confirmation that we can a) retain payments regarding periods and activities about which we understand that a given partner is under-performing and b) forward recommendations to the EC to reject costs claimed by any partner for a given period.   Of course, it would be up to the EC to decide because, as you say, they are the ones that can make such decision.

  Therefore, there is nothing in the contract that prevents us to effectively apply the measurements we agreed to put in place at PCC level.  It may require to perform steps in the proper manner, but that's all.   Maybe we need to adjust the language and talk about "we will block payment and recommend rejection of costs to the EC" instead of "we will reject costs" but, at the end of the day, the difference will be minor.

  Remember that we were just trying to fix things and indeed provided useful tools to WPLs to perform their work.   Given the results we are getting (many partners running to get things done), we believe we took the right decision and probably should have put it in place earlier.

  Best regards,

-- Juanjo

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