[Fiware-pcc] FI-PPP Phase 2 Revision 4

[Juanjo Hierro]

Dear Peter,

  Thank you very much for your response.   I hope you understand that we needed something like this from the Commission and not other intermediary, to make things a little bit more clear to some partners and stop a never-ending discussion :-)   I hope that this will definitively close this issue and allow to focus on making progress on the rest of the document.

  I would strongly recommend that a short paragraph is included at the beginning of the Governance Model document making it clear what the precedence among documents is.   It might be argued that is not needed because the clauses you refer in your response are part of the Gran Agreement but I would say it is not a bad idea to add it for the avoidance of doubts.   Something in line with your second point below.   Just as a suggestion, something like the following:
For the avoidance of doubt, the grants agreements and their annexes signed by partners of the FI-PPP, concretely the DoW - annex I, take precedence over the FI-PPP Collaboration Agreement and any agreements partners might conclude among themselves

  Best regards,

-- Juanjo


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Product Development and Innovation (PDI) - Telefonica Digital
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email: jhierro at tid.es<mailto:jhierro at tid.es>
twitter: twitter.com/JuanjoHierro

FI-WARE (European Future Internet Core Platform) Coordinator
and Chief Architect

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On 05/03/13 23:18, Peter.Fatelnig at ec.europa.eu<mailto:Peter.Fatelnig at ec.europa.eu> wrote:
Dear colleagues,

The Commission is party only to the grant agreement, and no other contract relating to the establishment of the mechanisms supporting the FI-PPP.


·         Article 10 of the grant agreement (Application of the grant agreement provisions) reads as follows: Any provision of this part of the grant agreement, shall take precedence over the provisions of any of the Annexes. The provisions of Annex III shall take precedence over the provisions of Annex II, and both shall take precedence over the provisions of Annex I. The special clauses set out in Article 7 shall take precedence over any other provisions of this grant agreement.


·         The grant agreement and its annexes take precedence over any agreements partners might conclude among themselves, according to article II.3(i) – otherwise the beneficiary is in breach of contract with the Commission.


·         Special clause 41, article 5(b) is satisfied by the inclusion of the relevant programme mechanism in the respective annex 1 to the grant agreement. By application of the last sentence of article 10 of the grant agreement and article II.3(i), the programme mechanism in annex 1 shall take precedence over any other provisions in case of conflict.

I hope this clarifies,

Best, Peter

From: Juanjo Hierro [mailto:jhierro at tid.es]
Sent: Tuesday, March 05, 2013 11:11 AM
To: David Kennedy; FATELNIG Peter (CNECT); BERGSTROM Ragnar (CNECT)
Cc: VILLASANTE Jesus (CNECT); Lakaniemi Ilkka; fiware-pcc at lists.fi-ware.eu<mailto:fiware-pcc at lists.fi-ware.eu>
Subject: Re: FI-PPP Phase 2 Revision 4

Dear David and Peter,

  I appreciate David's response to our comments but, regarding the point below, I would like to stress that it should be the European Commission who makes a formal statement on the matter.   Therefore, until we receive an email from the European Commission on the matter, we understand this issue is not closed.

  We would like to emphasize that whatever that statement about prevalence is, it should be also included in the DoW and become part of the governance model document.

  With a clear statement by the European Commission, it will then be more clear what the options are and partners can take an informed decision about next steps in the process.

  Best regards,

-- Juanjo

On 05/03/13 09:39, David Kennedy wrote:
·         There is no agreement regarding prevalence of the DoW over the Collaboration Agreement and Consortium Agreement.   SAP, IBM and maybe Thales object using the DoW as a mechanism for fast-tracking changes in the Collaboration Agreement, such as changes in the governance model.  Others like Telefonica will agree that the DoW prevails and therefore introducing changes in the DoW could be seen as a way to make some fast-track amendments to the Collaboration Agreement, overall with regards to changes that do not break the spirit of the Collaboration Agreement.  We would kindly ask the EC to clarify their position about prevalence of the DoW, Consortium Agreement and Collaboration Agreement.   We suggest that any prevalence rule should be explicitly made in the document that prevails, particularly in the governance model document.
There does not need to be agreement here – the DoW is part of the contract with the commission to do the work.  This is the primary contract as no other contract describes the work to be done.  The Collaboration agreement is an agreement between parties across a set of projects covering their interworking principles – many of its principles are to ensure it cannot overrule the DoW contract.  The consortium agreement is between the partners in an individual project. I presume it references both the DoW and the CA as these are the frameworks in which the project must work.


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