1. 13.12.2010 1Not legally binding Public-Private Partnerships in Research at EU-Level Seán O'Reagain Acting Head of Unit DG Research European Commission

2. 13.12.2010 2Not 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

3. 13.12.2010 3Not 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

4. 13.12.2010 4Not 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 trust- based approach

5. 13.12.2010 5Not 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)

6. 13.12.2010 6Not 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 Commissions 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?

7. 13.12.2010 7Not 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