Public-Private Partnerships
in Research at EU-Level
Seán O'Reagain
Acting Head of Unit
DG Research
European Commission
13.12.2010
1
Not legally binding
PPPs under
Seventh Framework Programme (FP7)
 JTIs: a special funding scheme under FP7
• Institutionalized PPPs based on Article 187 TFEU
• When the scope of an RTD objective and the scale of
the resources involved could justify setting up a PPP
• Five JTIs launched; EU contribution > €3 bn
 Contractual PPPs under FP7
• Consultation structures between Commission and
industry
• Recovery Plan PPPs, Future Internet PPP and EIIs
under SET-Plan; EU contribution > €1.6 bn
13.12.2010
2
Not legally binding
PPPs Communication Action Plan
 PPPs in research are dealt with separately:
• Research outputs are “less predictable and tangible”
• “… the Commission will consider all options in reviewing the
legal framework … to provide a simple and cost-efficient model,
based on mutual understanding, true partnership and risk
sharing”
• Three actions:
1. A report including policy
recommendations
2. A new framework for JTIs
3. Participation of the EU in private law
bodies
13.12.2010
3
Not legally binding
Action 1: Policy Report
 High-Level Industry Experts Final Report:
• “Designing together the ‘ideal house’ for PPPs in
European research”
• Main Recommendations:
“Seize the opportunity of the … review of the
Financial Regulation in recognising PPPs,
including JTIs, as special bodies in order to
develop tailor-made provisions for them”
“Move towards a more risk-tolerant and trustbased approach”
13.12.2010
4
Not legally binding
Action 2: New Framework for PPPs
 Financial Regulation Revision - Commission Proposal:
• PPPs recognized as potential recipients/managers of EU funds
• Two new possibilities:
 PPPs set-up by a Basic Act (Articles 53(1)(2)(e) and 185a FR)
 using a Model Financial Regulation: a set of principles necessary to ensure sound
financial management of EU funds
 PPPs governed by Member States’ Private Law (Article 53(1)(2)(g) FR)
 Work on other aspects of the PPPs architecture:
•
•
•
•
Governance
Risk-tolerant, trust-based approach and accountability
Staff regime
Rules of participation (especially funding rates and IPR)
13.12.2010
5
Not legally binding
Action 3: EU Participation in
Private Law Bodies
 Current approach
• The Commission shall not, in principle, participate in private law
bodies
 in order to avoid risks such as:






Risk to the Commission’s image
Financial risk/misuse of financial procedures
Conflict of interests for officials concerned
Criticism on recruitment policy
“Captivity”
Unfair competition with other entities
• Request of derogation to non-participation shall be considered:
 in cases where:
 There is evidence of outstanding interest for the Institution
 Objectives pursued cannot be achieved by other means of co-operation
(such as by consultation or by funding)
 Towards a revision of the current approach?
13.12.2010
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Not legally binding
Next Steps
 Commission Communication on Partnering in
Research in 2011
 Follow-up the Revision of the General
Financial Regulation
 Develop a Detailed Architecture for the ‘Ideal
House’ for EU-Level PPPs
13.12.2010
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Not legally binding