HI all,
I would like to complement the two points I circulated a couple of days ago with the additional feedback I got from Atos Legal Department.
· Comments/changes suggested by SAP agreed (modified version of the document circulated by Burkhard)
· In order not to include too many comments in the same document and make it unreadable, find below few complementary issues (some are reiterative, but we prefer to include them for the sake of clarity):
o We suggest to include after the first paragraph of section 1. FI-PPP Phase 2 Governance organization model the following: “For the avoidance of doubt, it is stated that decisions taken by any of the bodies described in this model with impact on the work plan committed to in Annex 1 of a Grant Agreement of an ongoing FII Project must be confirmed by the Parties of the affected FII Project and shall, for the sake of clarity, have no binding effects on such FII Project without such confirmation. None of the bodies described in this model shall have the right or authority to take decisions which are binding on any single FII Project.”
o We suggest to include in the two parts of the document where “mediation” is referred to (i.e. 3.1 and 3.3) the following: “or, should the conflicting Parties are part of the same Consortium Agreement, provisions in such Consortium Agreement about conflict resolutions will apply.”
Thanks in advance for transmitting this feedback as part of the FI-WARE team. Best regards,
Nuria de Lama
Research & Innovation
Representative to the European Commission
T +34 91214 9321
F +34 91754 3252
nuria.delama at atosresearch.eu <mailto:nuria.delama at atosresearch.eu>
Albarracín 25
28037 Madrid
Spain
www.atosresearch.eu
es.atos.net
From: fiware-pcc-bounces at lists.fi-ware.eu [mailto:fiware-pcc-bounces at lists.fi-ware.eu] On Behalf Of Neidecker-Lutz, Burkhard
Sent: jueves, 21 de febrero de 2013 16:27
To: Juanjo Hierro; fiware-pcc at lists.fi-ware.eu
Cc: Schweppe, Kathrin
Subject: Re: [Fiware-pcc] Fwd: Re: FI-PPP Phase 2 Status of governance work - Revision 3 of the governance model
Find the detailed comments from SAPin the accompanying Word document (both as changes and comments).
The new version is better than the last one, however, there is still room for improvement. We still miss an alignment with the existing collaboration agreement. This is unfortunate, because with such alignment, a lot of discussion would not be needed. A lot of things are already addressed in the existing collaboration agreement. If, for example, the chairman of the Architecture Board ignores certain tasks of the Architecture Board, this is not the fault of the Collaboration Agreement.
A lot of the description of the tasks of all boards are missing. This creates confusion about the tasks of each board .It constitutes a change of the collaboration agreement through the backdoor. Speaking from a legal perspective, this is alarming, as there are partners, who do not want to stick to the rules they have agreed to two years ago. Especially, the Secretariat (run by Concord) tries to get rid of administrative tasks.
The idea to elect advisory board members which have the skill set required for the EIB has not been discussed. It has not been discussed if there are other ways to improve the alignment of the FI PPP Boards and the collaboration of the partners with the partners.
There are still overlaps between the boards and working groups. Concord and its Secretariat are trying to receive extra money from the other projects in order to perform the tasks as assigned to them in their respective GA. We assume, that Concord should be able to execute its tasks according to the funding they receive from the EC and according to its DOW.
The role of the chairman of the Architecture Board as mediator creates a potential conflict of interest. The Chairman of the Architecture Board represents Fi-Ware as Fi-Wares chief architect. The setup creates a builtin conflict of interest.
At the last page, they say, the wording should be only a supplement to the Collaboration Agreement. Then it should be no problem to include the following wording:
„The concrete tasks, composition and processes of the FI PPP Boards are regulated in the Collaboration Agreement, each beneficiary must sign. Hence, with regard to the concrete governance of the respective boards and roles, the FI PPP Collaboration Agreement prevails. “
As to Telefonicas remarks as outlined in the mail, bullets 1-4:
1. We do understand that you want to eliminate bureaucracy, but who decides what constitutes a “delicate” matter ?. SAP would be fine for skipping the “2 weeks” notice if there is an automatic veto right for decisions that are introduced “by ambush” (the effect of the veto by any partner disagreeing would be to automatically put it back onto the next SB meeting with proper advance notice). That way unanimous stuff could pass without fuss and the rest could be resolved by the numbers.
2. Fine with SAP
3. SAP agrees that the notion of an “overall business plan” is indeed ill-conceived
4. We have not yet analyzed that part sufficiently.
Regards,
Burkhard
Burkhard Neidecker-Lutz
Fellow | Next Business and Technology AR. Mgmt AG
SAP AG | Vincenz-Priessnitz-Strasse 1 | 76131 Karlsruhe | Germany
T +49 6227 7-52533 | M +49 160-8896858 | E burkhard.neidecker-lutz at sap.com <mailto:burkhard.neidecker-lutz at sap.com>
www.sap.com <http://www.sap.com/>
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From: fiware-pcc-bounces at lists.fi-ware.eu [mailto:fiware-pcc-bounces at lists.fi-ware.eu] On Behalf Of Juanjo Hierro
Sent: Donnerstag, 21. Februar 2013 14:12
To: fiware-pcc at lists.fi-ware.eu
Subject: [Fiware-pcc] Fwd: Re: FI-PPP Phase 2 Status of governance work - Revision 3 of the governance model
Hi all,
Regarding the third revision of the governance model I would like to transparently share with you the comments submitted by Telefonica. Of course, we have make it clear they were just comments from our side because we are still analyzing it at project level. In this respect, we have made it clear that FI-WARE hasn't approved the proposed governance model yet.
I would kindly ask you to share your position regarding the current version of the document asap. In addition, we would rather appreciate if you can tell us whether you agree or not with the comments made by Telefónica, which I would summarize as follows:
* We propose that the SB do not need to follow the defined procedure (2-weeks notice in advance previous to each SB) for making decisions in all cases. Certainly it is fine to request following such procedure in delicate matters, but not for any decision. Otherwise, we are bringing too much burocracy in the governance.
* We propose that the AB also "Monitors how recommendations on usage of FI-WARE Generic Enablers are implemented by UC projects". This was something that was already happening in phase 1, but you never know what may come with new projects so we believe it is important that the AB takes the role of actually monitoring that recommendations on usage of FI-WARE GEs (to be provided by FI-WARE) are actually implemented
* We believe that we have to be careful when we use terms such as "overall FI-PPP business plan". We propose to talk about an "overall FI-PPP sustainability plan which enables the development of the individual business plans of the different stakeholders". There will be many companies and many different business plans, most probably implemented at different speeds ... what is important is that we define a model of sustainability of the FI-PPP results that enables companies to implement their business plans, without the need to get them all synchronized. This allows that some actor can move faster without waiting for the rest, everyone will be able to make progress at its own pace. This is realistic, any other thing sounds like "wishful thinking".
* We believe that our contribution to overall promotion through the third FI-WARE Open Call should be recognized and given the right value. We are bringing a lot through it that will go for the sake of the whole program (in some cases, bordering activities that we may have argued that should have been carried out by others) so therefore we cannot be asked for another 5-10% of budget for program-level activities. We can understand this is asked to new projects, and certainly the EC should secure their contribution, but that is not our case.
I propose to arrange a short confcall right after Part II of the joint WPLs/WPAs follow-up confcall next Monday for closing a position. Meanwhile, it would be nice that everyone circulates their comments and also provides feeback about Telefonica's comments.
Best regards,
-- Juanjo
-------------
Product Development and Innovation (PDI) - Telefonica Digital
website: www.tid.es
email: jhierro at tid.es
twitter: twitter.com/JuanjoHierro
FI-WARE (European Future Internet Core Platform) Chief Architect
You can follow FI-WARE at:
website: http://www.fi-ware.eu
facebook: http://www.facebook.com/pages/FI-WARE/251366491587242
twitter: http://twitter.com/FIware
linkedIn: http://www.linkedin.com/groups/FIWARE-4239932
-------- Original Message --------
Subject:
Re: FI-PPP Phase 2 Status of governance work - Revision 3 of the governance model
Date:
Thu, 21 Feb 2013 11:16:29 +0100
From:
Juanjo Hierro <jhierro at tid.es> <mailto:jhierro at tid.es>
To:
David Kennedy <kennedy at eurescom.eu> <mailto:kennedy at eurescom.eu> , Lakaniemi Ilkka <ilkka.lakaniemi at aalto.fi> <mailto:ilkka.lakaniemi at aalto.fi>
CC:
Peter.Fatelnig at ec.europa.eu <Peter.Fatelnig at ec.europa.eu> <mailto:Peter.Fatelnig at ec.europa.eu> , Ragnar.Bergstrom at ec.europa.eu <Ragnar.Bergstrom at ec.europa.eu> <mailto:Ragnar.Bergstrom at ec.europa.eu> , Arian.ZWEGERS at ec.europa.eu <Arian.ZWEGERS at ec.europa.eu> <mailto:Arian.ZWEGERS at ec.europa.eu> , jhierro >> "Juan J. Hierro" <jhierro at tid.es> <mailto:jhierro at tid.es>
Dear David and Ilkka,
Please find enclosed Telefonica's comments on revision 3 of the governance model. Sorry for the delay sending them.
Since you have shared revision 3 of the governance model with the EC already, I put them on copy.
The amendments we propose regarding the AB is the most critical one. Also the comment on procedures for decisions at the SB. Both go for adopting effective and efficient improvements to the FI-PPP management structure.
There are comments that have to do with suggestion for rewording of sentences that refer to "program-level business plans". I believe it is more accurate to talk about ”overall FI-PPP sustainability model/plan” because sustainability of the ecosystem we aim to build is something we pursue. Such overall FI-PPP sustainability model/plan should be formulated in a way that it enables major stakeholders to develop their own individual business plans coexisting with others’. Saying that we are going to define an overall business plan is too much but, I would say more, there may be partners who may wish to accelerate their business plan and not get delayed by others. An overall FI-PPP sustainability model/plan is what should enable these players to actually accelerate their business plans and show the path to others.
Rest of comments inserted in the document are less critical.
A very important comment, despite not inserted in the text, is that Telefonica believes that the budget that FI-WARE is already putting on the table, through the 3rd Open Call, namely 4,2 M€ for activities dealing with promotion of FI-WARE and creation of an innovation ecosystem bringing SMEs and entrepreneurs should be already considered a relevant contribution to the overall success of the program. This besides our contribution with resources participating in the existing WGs and governance bodies, the offering of the FI-WARE Open Innovation Lab to third parties, etc. Therefore, asking for additional 5-10% of the budget for additional program-level activities would be totally unfair and may impact our efforts trying to deliver a FI-WARE platform that technically brings what developers need. I'm pretty sure that if all the rest of projects, altogether, bring on the table another 4.2 M€ of funding for program-level promotional activities besides resources similar to those FI-WARE is already contributing on other WGs, we can achieve a lot.
Telefonica needs to understand how our contribution to the overall program success, through the launch of the 3rd Open Call, is going to be measured in terms of contribution to program-level activities before approving a text that mentions contribution of 5-10% budget to such program-level activities.
This is, of course, just Telefonica's comments. We haven't yet finalized our internal discussions as to present a position of the FI-WARE project.
Best regards,
-- Juanjo
-------------
Product Development and Innovation (PDI) - Telefonica Digital
website: www.tid.es
email: jhierro at tid.es
twitter: twitter.com/JuanjoHierro
FI-WARE (European Future Internet Core Platform) Chief Architect
You can follow FI-WARE at:
website: http://www.fi-ware.eu
facebook: http://www.facebook.com/pages/FI-WARE/251366491587242
twitter: http://twitter.com/FIware
linkedIn: http://www.linkedin.com/groups/FIWARE-4239932
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