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Partnership

Agreement (PA)
Guidelines

Updated November 2011


Table of contents

Latest updates November 2011 3


Introduction and Scope 4
PA Names and approved templates 4
Partnership Agreements (PA) definition and types 5
2.1 PA definition 5
2.2 PA types 5
2.2.1 PA COMMERCIAL 6
2.2.2 PA TECHNOLOGICAL 6
2.2.3 PA RESEARCH 6
2.3 Who can the Parties to a Partnership Agreement be? 6
2.4 Specific eligibility criteria 6
2.4.1 NETWORK COUNTRIES 6
2.4.2 NETWORK COUNTRIES - EXCEPTION 7
2.4.3 TRANSNATIONALITY 7
2.4.4 TRANSNATIONALITY - EXCEPTION 7
2.4.5 CONSORTIUM AREA OF RESPONSIBILITY 7

Claiming a Partnership Agreement (PA) 8


3.1 PA Statement Letter and PA Report 8
3.1.1 PA STATEMENT LETTER 8
3.1.2 PA REPORT 9
3.1.3 PA REPORTING FOR SPECIFIC ACTION "MATCHMAKING EVENT" PARTICIPANTS 9
3.2 Confidentiality issues 10
3.3 Benefit of the PA for the Parties involved 10
3.4 Validation of a PA 10
3.4.1 IF A PA INVOLVES 1 NETWORK PARTNER: 10
3.4.2 IF A PA INVOLVES 2 NETWORK PARTNERS: 10
3.4.3 IF A PA INVOLVES A 'THIRD PARTY' NETWORK PARTNER 11
3.5 File Names: PA Statement Letter and PA Report 11
3.6 When should Network Partners report a PA? 14
3.7 Having a PA published as Success Story 14

Annex I Eligible Types of Partnership Agreements (PA) 15


Annex II Eligible countries for Partnership Agreements 18
Annex III PA check-list: is my PA eligible? 18

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Latest updates November 2011

p.4: new rules concerning PA names and templates.

p.5 Clarification of the overall definition of a PA: PAs can come from an EEN brokerage
activity and/or from another EEN service if the advice given was decisive in helping the two
parties to a PA engage in a medium- to long-term collaboration.

p.6 PA Research definition: clarification.

p.6 Mandatory involvement of EENs from Art.21.5 countries in PAs: exception.

p.7 Transnationality: exception.

p.8 PA with 'Third party" Network partner.

p.9 PA Report's content: the main source of the PA has to be indicated.

p.9 PA Research: mandatory information.

p.9 PA with a "Third party" Network partner: mandatory information.

p.14 Having a PA published as Success Story Faster, simpler procedure!

p.17 Eligible types of PA Research: clarification.

p.18 Annex II new "Art.21.5" country: Ukraine and Moldova.

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Introduction and Scope

1.1. About the Enterprise Europe Network


The Enterprise Europe Network (hereafter 'the Network') started in January 2008. It provides
innovation and business support services to small businesses and research institutions
across the European Union.
The Network comprises close to 600 Partners in 48 countries (EU and non-EU).
The Network is part of the Competitiveness and Innovation Framework Programme. It is a one-
stop-shop for information on EU legislation, funding opportunities, assistance in finding business
and technology partners and help in developing research and innovation capacities.
The Network is administered by the Executive Agency for Competitiveness and Innovation (EACI).

1.2. What these Guidelines are for


These Guidelines are addressed to and written for the partners of the Network.
They aim to explain how a Partner should record and report a Partnership Agreement (PA) to the
EACI.
Only a PA meeting the criteria below is eligible for registration by the EACI as a deliverable.

PA Names and approved templates


To simplify the reporting of Partnership Agreements (PA), the following changes apply to the PA
documents mentioned in the PA Guidelines (PA Statement letter and PA Report):

2.1 Approved PA names


The following names published on the Intranet on a "List of approved PA names" can now
be used to describe a Partnership Agreement:
Partnership Agreement
Confirmation of Enterprise Europe Network brokerage service received
Cooperation Statement
Additional names can be proposed by e-mail sent to the FirstClass Partnership Agreements
address. If accepted, they will be added to the "List of approved PA names".
Only PA names included in the "List of approved PA names" are eligible.
A PA Statement letter is now called Cooperation Statement Letter.
A PA Report is now called Cooperation Report.

2.2 Translation of templates


PA templates can be translated into national language(s). Translated templates have to be
validated by the EACI.
Only templates published by the EACI on the Network Intranet are eligible.

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Partnership Agreements (PA) definition and types

2.1 PA definition
A PA is an acknowledgement by one (or two) EEN client(s) that they entered in a concrete,
medium to long-term international cooperation with another SME, company, research institution,
researcher or private person (hereafter 'Party 1 ' to the PA) with EEN assistance.
A PA reported to the EACI shows that a Network partner successfully provided brokerage
assistance to one of his/her clients.

A PA can be the result of one (or both) of the two types of activities below:
1. The two parties involved in the PA met via an EEN brokerage activity and at least one
party received direct assistance from an EEN partner.
An EEN brokerage activity consists in helping a client find potential partners abroad via the
publication of a profile in one of the Network databases, via a participation to a brokerage
event (BE) or company mission (CM), via contacts with other Network partners, or via
another channel, and providing the client with the necessary assistance to enter in a
concrete, medium to long-term cooperation with the potential partner thus found. A PA is
the ultimate goal of a brokerage activity.
2. The two parties to a PA did not find each other via an EEN brokerage activity but at least
one of the parties involved received decisive advice from an EEN partner without
which the concrete, medium to long-term international cooperation in which the two
parties entered would not have happened.
In both cases, the assistance provided by the Network partner(s) must have been decisive in
making possible the start of a medium to long-term international cooperation 2 between the two
parties mentioned in the PA.

A PA must meet all of following criteria to be eligible:

At least one Party is a client of a Network Partner (Exception: 2.4.1);


The Parties are established in different countries of the Network (Exception: 2.4.4);
The PA was made possible by the active support of at least one Network Partner.

2.2 PA types
o There are three types of PA:

PA Commercial Commercial partnership agreement.


PA Technological Technology partnership agreement.
PA Research Research partnership agreement.

1
Nb. The two Parties to a PA cannot be from a same company or organisation
2
Except under the exception indicated under 2.3.4.
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2.2.1 PA COMMERCIAL
A PA Commercial is a PA falling under at least one of the commercial agreement categories listed
in Annex I of the PA Guidelines.

2.2.2 PA TECHNOLOGICAL
A PA technological is a cooperation agreement falling under the technology / know-how /
innovation categories listed in Annex I of the PA Guidelines.
Question to ask: is the technology, product, process, expertise, or know-how transferred innovative
in the sense of the Enterprise Europe Network definition in the BBS guidelines?

2.2.3 PA RESEARCH
A PA research can be submitted if either one of the two actions below has been carried out:
An EEN partner helped a R&D European project coordinator to find abroad a company
willing to integrate in his/her consortium; or helped a client to find and join a European
R&D project whose coordinator is located in another eligible country.
An EEN partner gave crucial/intensive support to a local client to join a European project
already identified by the client; or gave crucial/intensive support to a local coordinator to
integrate an already identified foreign company in his/her European R&D project
consortium. The project coordinator and the new consortium member must be in different
eligible countries.

2.3 Who can the Parties to a Partnership Agreement be?


The Parties to a PA can be:
Private companies, SMEs, Entrepreneurs, Individuals.
Research organisations, Universities, Technology Centres.

2.4 Specific eligibility criteria

2.4.1 NETWORK COUNTRIES


A PA is eligible only if both Parties involved are established in the Network countries listed in
Annex II of the PA Guidelines.
If the second Party to a PA is in an Art.21.5 country2, it must be client of a local EEN
partner and the PA must also involve a full member country2 EEN partner.
Exception: if the process leading to a PA between parties located in a full member country2
and an Art.21.5 country2 respectively starts by a direct contact 3 , the Art.21.52 client's details
and information on the ongoing contact must be sent (signposted) to the relevant EEN. If
the Art.21.52 EEN assistance is not needed to achieve the PA, it is eligible if the signposting
and a justification for the absence of assistance by the Art.21.5 EEN are indicated in the PA
Report.
If a Party to a PA is the subsidiary of a company located in a non-eligible country, the PA is
eligible if the subsidiary, located in an eligible country, directly benefits from it.

3
See definition of Direct Contact p.9
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If a PA results from a brokerage event or company mission done in an Art.21.5 country or
with clients coming from an Art.21.5 country, the PA is only eligible if the activity was
carried out with the local Art.21.5 EEN partner 4 .
A PA with a Party established in a country not covered by the Network is not eligible.

2.4.2 NETWORK COUNTRIES - EXCEPTION


A PA with a Party located in a country not belonging to the Network can be eligible if:
One Party is a client of a Network Partner and
The other Party is in a country specifically mentioned in the work programme of the other
Network Partner involved.

2.4.3 TRANSNATIONALITY
Only PA between Parties located in different countries are eligible.
A PA between Parties located in the same country is not eligible, even if they are clients of different
Network consortia, except under the conditions foreseen in 2.4.4.

2.4.4 TRANSNATIONALITY - EXCEPTION


A PA signed between a Network partner client and
a JRC - European Joint Research Centre
CERN - European Organization for Nuclear Research
ESA - European Space Agency,
will be eligible also if the client is located in the same country as these organisations.
Ex: PA between an Italian company and the ISPRA JRC.

2.4.5 CONSORTIUM AREA OF RESPONSIBILITY


A Network Partner can only submit PAs achieved by companies or research institutions located in
the geographical area covered by its consortium.

4
See note n8 "Eligibility of company missions organised in third countries" - http://www.enterprise-europe-
network.ec.europa.eu/my/intranet/specific-grant-agreement-explanatory-notes
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Claiming a Partnership Agreement (PA)

Network Partners can claim a PA by producing objective evidence that they actively assisted one of
the Parties involved and contributed to the conclusion of the PA.
The following records are considered as objective evidence and must be sent to the FirstClass e-
mail address Partnership Agreement 5 :

A PA in which 1 Network Partner is directly involved consists of:


1 PA Statement Letter signed by the client assisted by the Network Partner,
1 PA Report written by the Network Partner.

A PA in which 2 Network Partners are directly involved consists of:


2 PA Statement Letters one for each client assisted.
1 PA Report jointly written by the Network Partners involved.

A PA with a 'Third Party' Network Partner should be reported when:


A Network Partner provided an active support to the conclusion of a PA between clients of
other Network Partners.
A PA has been signed due to the participation of the client in a Brokerage Event or a
Company Mission organised by one or several other Network partner(s). The main
organiser or the co-organiser most involved in the PA has to be reported as third party to
the PA.

3.1 PA Statement Letter and PA Report


PA Statement letter and PA Report templates are available in the Network Intranet.

3.1.1 PA STATEMENT LETTER


A PA Statement letter which can also be called Cooperation Statement or any other title
approved by EACI and indicated on the official PA Statement letter names list on the
Network Intranet contains the following information:
a clear title related to the contents of the PA,
the Name of the companies/organisations ("The Parties") involved,
the signature of one of the Parties involved,
the ID Number(s) of the Network Partner(s) directly involved6,
the name of the staff member(s) of the Network Partner(s) directly involved,
the name of the 'Third Party' Network Partner (when applicable).

5
To send e-mails to the FirstClass Partnership Agreement e-mail address from a FirstClass account, type
Partnership Agreements in the "to" field. To send e-mails to this address from other e-mail systems, send
the e-mails to: partnership.agreements@enterprise-europe-network.ec.europa.eu.
6
E.g. AT150239-01 or FR150287-04
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A Network Partner initiating a PA should put his/her client's name in the Company/Organisation 1
field, and the other company/organisation involved in the Company/Organisation 2 field of the PA
Statement Letter.
If the Organisation 2 involved in the PA was assisted by a Network Partner for that agreement, it
should also sign a PA Statement Letter.
If Organisation 2 was not assisted by a Network Partner, no signed PA Statement Letter from that
company/organisation is necessary for the PA to be eligible.

3.1.2 PA REPORT
The PA Report title must be identical to the title of the corresponding PA Statement Letter(s).
A PA Report describes:
What the PA is about.
The support provided by the Network Partners, and especially which Network services
were offered, or which events or tools were to reach this specific PA.
The main source of the PA: the activity that directly contributed to the PA:
BBS/BCD/Partner Search, Brokerage Event, Company Mission, Direct contact with a
company/research organisation abroad, Advisory service...
1. A PA should only have 1 main origin (except in special cases).
2. A Direct Contact is a contact NOT between 2 Network partners but between a
Network partner and a company or research institution abroad.
3. If a PA is achieved via direct contact the organisation contacted directly should
be signposted to the relevant EEN partner.

Mandatory information for PA Research Report:


1. date, call and programme to which the project was submitted,
2. the project reference in the research scheme/programme,
3. the research component of the project,
4. the PA Report must indicate that the project was submitted or is ongoing.

Mandatory information for PA with a "Third party" Network partner:


1. Assistance provided by the third party Network partner.
2. Brokerage Event or Company mission name, date and location (if applicable)

If two Network Partners and, when applicable, a 'Third Party' Network Partner, are involved:
The partners have to agree on the Title, the Type and the Description of the PA.
Each partner should describe its respective contribution in the PA Report.

3.1.3 PA REPORTING FOR SPECIFIC ACTION "MATCHMAKING


EVENT" PARTICIPANTS
If the PA was achieved thanks to a Network partner's involvement in the Specific Action (SPA)
"Matchmaking Events",
The partner ticks the "SPA Matchmaking Events" box for his organisation on the PA Report.
If the other Network partner involved in the PA is not in this SPA, he should NOT tick the
box. The PA will be handled as other PAs for this partner.

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3.2 Confidentiality issues
Confidentiality is important. If one of the Parties involved selects NO on the PA Statement letter as
answer to the question 'Do you agree that non-confidential parts of this PA be used in a case study
to inspire other companies to look for partners abroad.?', all information related to that PA sent to
the EACI by Network Partners will be kept confidential.
The client may also identify certain parts of the PA that must be kept confidential, without
precluding the preparation of a success story which would not mention that information.
However, to claim a PA, a signed PA Statement letter and PA Report must be submitted by the
Network Partner involved, whether the PA is confidential or not.

3.3 Benefit of the PA for the Parties involved


A PA is eligible only if a benefit to the Parties involved is clearly described in the PA Report.
When possible the PA's economic benefits should be indicated (e.g. jobs creation, increase in
turnover, royalties or income generated from a transfer of know-how or a patent)

3.4 Validation of a PA

3.4.1 IF A PA INVOLVES 1 NETWORK PARTNER:


The Network Partner:
sends a scanned version of the signed PA Statement Letter and the PA Report to the
FirstClass e-mail address Partnership Agreement 7 .
The PA Statement Letter and the PA Report must be two separate files.
The PO in charge:
verifies the conformity of the PA Statement Letter and Report to the PA Guidelines.
If both documents comply with the PA Guidelines, the PO sends an e-mail to the Network
Partner via FirstClass to confirm the eligibility of the PA and validate it.

The Network Partner:


reports the PA in the relevant PES Data Item - PA Commercial, PA Technological or PA
Research.

3.4.2 IF A PA INVOLVES 2 NETWORK PARTNERS:


The two Network Partners:
write a joint PA Report,
make the clients involved (The Parties) involved sign a PA Statement Letter.
The Network Partner who assisted Company/Organisation 1 (cf. 4.1.1 PA Statement Letter):
collects the scanned version of the PA Statement Letter signed by Company/Organisation 2
(cf. 4.1.1 PA Statement Letter),
sends the three documents 2 PA Statement Letter scanned separately and the joint PA
Report to the FirstClass e-mail address Partnership Agreement 8 .

7
See footnote 5.
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The 2 PA Statement Letters and the PA Report must be three separate files.
The Network partner sending the PA documents must put the other partner(s) involved in
copy of its FirstClass e-mail.
The POs in charge:
verify the conformity of the PA Statement Letters and Report to the PA Guidelines.
If the 2 PA Statement Letters and the PA Report comply with the PA Guidelines, the POs
send an e-mail to the Network Partners via FirstClass to validate it.
The Network Partners:
report the PA in the relevant PES Data Item - Commercial, Technological, Research.

3.4.3 IF A PA INVOLVES A 'THIRD PARTY' NETWORK PARTNER


The Network Partner(s) directly involved:
Inform the 'Third Party' Network Partner involved in a PA (see above).
Send him/her a copy of the PA Statement Letter(s) and PA Report.
Follow the procedure detailed in 3.4.2 for PAs involving two Network partners.
'Third Party' Network Partners:
should NOT report the PA in the PES Data Items PA Commercial, PA Technological or PA
Research but in the Narrative Report of the Technical Implementation Report.

3.5 File Names: PA Statement Letter and PA Report


To facilitate processing and validation PA Statement Letter and PA Report files submitted should
have a name formatted as explained below.
Due to the large number of PA submitted, PA Statement letter and Reports whose file names do
not comply with the specifications below will be sent back for modification.
Each PA Statement Letter and PA Report must be sent as separate documents but in
the same FirstClass e-mail.
A PA involving 1 Network Partner has 2 files (1 PA Statement Letter, 1 PA Report).
A PA involving 2 Network Partner has 3 files (2 PA Statement Letter, 1 PA Report).

3.5.1 PA STATEMENT LETTER FILE NAME

PA_ID Network Partner 1_ID Network Partner 2_Date of signature of the PA_Number of PA
between the two partners*_Number of Organisation that signed the Statement Letter.

*(if more than 1 PA is done on the same day between the same two Network Partners)

"Network Partner 1" is the Network Partner that assisted Organisation 1 as indicated on the
PA Statement Letter.
"Network Partner 2" is the Network Partner that assisted Organisation 2 as indicated on the
PA Statement Letter.
"Date on which a collaboration agreement was signed" = date of signature of the PA
Statement letter. If 2 clients are involved, the valid date is the most recent one.

8
See footnote 5.
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Examples of PA Statement Letter names:

PA with 1 Network Partner involved and 1 PA signed on that day:

PA Statement Letter for the PA: PA_AT150239-01_23102009

PA with 1 Network Partner involved and 2 PAs signed on the same day:

PA Statement Letter for the first PA: PA_AT150239-01_23102009_1

PA Statement Letter for the second PA: PA_AT150239-01_23102009_2

PA with 2 Network Partners involved and 1 PA signed on that day between clients of these 2
Network partners:

PA Statement Letter for Organisation 1: PA_AT150239-01_BE150145-01_23102009_1


PA Statement Letter for Organisation 2: PA_AT150239-01_BE150145-01_23102009_2

PA with 2 Network Partners involved and 2 PAs signed on that day between clients of these 2
Network partners:

First PA:

PA Statement Letter for Organisation 1: PA_AT150239-01_BE150145-01_23102009_1_1


PA Statement Letter for Organisation 2: PA_AT150239-01_BE150145-01_23102009_1_2

Second PA:

PA Statement Letter for Organisation 1: PA_AT150239-01_BE150145-01_23102009_2_1


PA Statement Letter for Organisation 2: PA_AT150239-01_BE150145-01_23102009_2_2

3.5.2 PA REPORT FILE NAME

The PA Report file name is made by adding Report to the "root" of the PA Statement Letter.

Examples of PA Report file names:

PA with 1 Network Partner involved and 1 PA signed on that day:

PA Report name: PA_AT150239-01_23102009_Report

PA with 1 Network Partner involved and 2 PAs signed on the same day:

PA Report name for the first PA: PA_AT150239-01_23102009_1_Report

PA Report name for the first PA: PA_AT150239-01_23102009_2_Report

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PA with 2 Network Partners involved and 1 PA signed on that day between clients of these 2
Network Partners:

PA Report name: PA_AT150239-01_BE150145-01_23102009_Report

PAs with 2 Network partners involved and 2 PAs signed on that day between clients of these
2 Network partners:

PA Report name for the first PA:PA_AT150239-01_BE150145-01_23102009_1_Report

PA Report name for the second PA: PA_AT150239-01_BE150145-01_23102009_2_Report

3.5.3 SPECIAL CASES: PA RESEARCH

PA Research "Example 1"

A Finnish researcher looking for partners for his consortium contacts a Finnish Network Partner and
they publish a Partner Search. Several EoIs are sent to the coordinator who finally selects 2
Hungarian and 2 German companies to be involved in the consortium. The two Hungarians belong
to one EEN Network Partner.

The initiator of the PA is the Finnish Network Partner, this means the Finnish EEN is Network
Partner Number 1 and the Finnish researcher is Organisation 1.

Codes of the Network Partners involved:

Finnish Network Partner: FI250774-01


Hungarian Network Partner: HU150225-02

PA Statement Letter and PA Report names for the PA with the first Hungarian company:

PA Statement Letter signed by the Finnish researcher:


PA_ FI250774-01_ HU150225-02_14012010_1_1

PA Statement Letter signed by the Hungarian company:


PA_ FI250774-01_ HU150225-02_14012010_1_2

PA Report name for the PA with the first Hungarian company:


PA_ FI250774-01_ HU150225-02_14012010_1_Report

PA Statement Letter and PA Report names for the PA with the second Hungarian company:

PA Statement Letter signed by the Finnish researcher:


PA_ FI250774-01_ HU150225-02_14012010_2_1

PA Statement Letter signed by the second Hungarian company:


PA_ FI250774-01_ HU150225-02_14012010_2_2

PA Report name for the PA with the second Hungarian company:


PA_ FI250774-01_ HU150225-02_14012010_2_Report

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PA Research "Example 2"

A Hungarian Network Partner finds a proposal in a forum and includes one of its clients as partner
in it.

In this special case only 1 Network Partner is involved in the PA, so even if the Hungarian Network
Partner's client is not the coordinator, the Hungarian Network Partner will be the initiator of the PA
and, accordingly, Network Partner 1 and his/her client Organisation 1 on the PA Statement Letter
and PA Report. There will be only 1 PA and only 1 Network Partner ID Code included in the name
of the documents:

PA Statement Letter Name: PA_HU150225-02_14012010

PA Report Name: PA_HU150225-02_14012010_Report

3.6 When should Network Partners report a PA?


Network partners should send Partnership Agreements to the FirstClass e-mail address
Partnership Agreement 9 as they happen.
Do not wait until the end of a reporting period to report a PA: POs have to validate the
Partnership Agreements, which takes time.
Only PAs signed and registered during a reporting period will be counted as deliverables
for that reporting period.

3.7 Having a PA published as Success Story

3.7.1 WHEN CAN A PA BECOME A SUCCESS STORY?

The following criteria must be met before a PA can be published as success story:
A minimum of 2 Network Partners must be involved in the PA.
Both Network Partners must have submitted PA Reports and signed PA Statement letters
where they agree to publish the details of their PA.

3.7.2 WHAT DO I HAVE TO DO TO HAVE A PA PUBLISHED AS


SUCCESS STORY?

To submit your PA as a success story, fill out the PA SUCCESS STORY APPLICATION information
on the PA Report form.
Doing this releases you from filling a separate success story application.
If your PA is accepted and validated, it will automatically be forwarded to the EACI staff in
charge of the publication of success stories.
If your PA is chosen as success story, you will be contacted by the EACI or its contractor for
further information necessary to the publication.

9
See footnote 2.
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Annex I Eligible Types of Partnership Agreements (PA)

Although a specific definition of a PA can be difficult to provide, a PA must be both tangible and
transparent regarding
the object of the business collaboration (for a PA Commercial), or
the technology transferred (for a PA Technological),
the European project submitted (for a PA Research).
The benefit of the partnership for the Parties involved must be clear in the PA Report.
The choice of PA type to indicate on the PA Statement Letter and PA Report - should be made by
Enterprise Europe Network staff according to the principal object of the PA, in agreement with the
definitions given below when a specific definition is given.

4.1 Eligible types of PA Commercial

1. Trade intermediary services (distributor, supplier, etc.)


2. Franchise
3. Joint Venture
4. Merger or exchange of shares
5. Sale / acquisition of a complete company or a part of it
6. Reciprocal production
7. Subcontracting / Outsourcing activities
8. Transport / Logistics

4.2 Eligible types of PA Technological


In most cases, a PA Technological involves the transfer of know-how, technology, or expertise from
a Developer to the Recipient. For example, the element transferred may describe the technology
behind a process that will enable the recipient to either manufacture the product or implement a
new process, or system. The following are descriptions of what are regarded as eligible PA
Technological for the Enterprise Europe Network.

1. Licensing Agreement
The transfer of certain rights from the Developer of a technology, process or know how to the
Recipient, in return for a fee or share of royalties. An Industrial Franchise can be regarded as a
type of licensing agreement. This type of agreement allows the Franchise holder (Recipient) to
obtain the Franchisee's (Developer) know-how, or expertise in order to manufacture a product that
will be distributed under the franchisee's brand in a given territory.

2. Technical Cooperation
Technical cooperation requires that both Parties play an active/creative role by providing their
expertise or know-how in order to:
Adapt a technology, a product or a process for a new application or sector.

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Develop a technology, a product or a process to meet new market needs.
The following types of technical cooperation agreements are regarded as eligible:
Co-development of a new product using the expertise of the Developer and the
production facilities of the Recipient.
Between two Parties to develop a new version of an existing product to meet market
needs.
Feasibility study including tests customised for a specific application.
Consortium agreements, joint ventures and technological agreements between customer
and suppliers can also be classified as technical cooperation.

3. Joint Venture
A joint venture is a strategic alliance between two or more Parties to undertake an economic
activity together. The Parties agree to create a new entity together, by both contributing equally,
and then share the revenues, expenses, and control of the enterprise. The venture can be for one
specific project only, or a continuing business relationship. It implies the creation of a formalised
link between companies, with the sharing of commercially sensitive information to allow the
development of new technologies, processes or products.
Spin-offs and start-up creations via partnerships between entrepreneurs from universities, research
organisations or inventors with investors (e.g. Venture capital funds, business angels, strategic
partners etc) are also eligible joint ventures.

4. Commercial Agreement with Technical Assistance


The provision of a number of services in support of, or essential to a transfer of technology:
Assistance with starting up an installation.
Advice on the use of a new process.
Quality control.
Technical Consultancy.
Maintenance and machine repair.
Technical assistance ensures the effective start-up and/or maintenance of the transferred
technology, but also covers the installation of technology (assembly, engineering work, testing,
and training).

5. Manufacturing Agreement (Subcontracting & Co-contracting)


These types of agreements are only eligible if they involve some element of the transfer of
expertise, know-how, technology and/or training. There are two clear examples where these types
of agreements are eligible:
Subcontracting Capacity: the Developer transfers some of its know-how to the
subcontractor to allow the subcontractor to perform the work required.
Subcontracting Specialties: the Contractor selects the subcontractor on the basis of skills,
expertise and know-how it possesses, to develop new processes and technologies.
Transfer of knowledge in new raw materials: the developer has a technology to
eliminate some specific type of pollutants from contaminated soils and the partner looked
for should improve the technology to make it possible to eliminate additional types of
pollutants.
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New way to use an existing production line: the developer has found a way to modify
cardboard-cutting machines to be able to use it to cut glass. He offers other companies to
use his technology to do the same with their cardboard-cutting machines.
Change in the partner sought's currently used technology (installations, process,
facilities): the developer created a technology to clean heat exchangers without chemicals.
To use the technology, the potential partner will need to make changes in his heat
exchanger system.
Absolutely novel process: the developer found a better way and made a machine to
sterilise corks, using microwave. It offers the technology to cork companies who will have
to integrate a new microwave machine in their production line to replace the chemical
treatment unit they used previously.

4.3 Ineligible types of PA Technological

4.3.1 AGENCY / DISTRIBUTION AGREEMENTS:


Agency and distribution agreements refer to agreements reached with an agent or distributor to
find markets for a product. This is a purely commercial form of activity. The agent or distributor will
only receive information on the product, advantages, performance, costs etc. to help sell it, but this
does not constitute a technology transfer. The agent is simply signing an agreement that allows
him to sell the technology on to another company for commercial gain. This type of PA has to be
reported as PA Commercial.

4.3.2 EUREKA & CRAFT


Successful searches for partners to participate in FP7, EUREKA or other EU-funded project
proposals is not eligible as PA Technological but should be reported as PA Research.

4.4 Eligible types of PA Research


A PA Research involves partners of a project funded under any European programme (including
bilateral projects funded under the EUREKA programme) which is clearly mentioning research and
technological development (RTD) 10 as part of its objectives, as long as part of the project's
activities involves RTD and if the RTD component of the project is indicated in the PA Report.

10
Point 3 of the 2007 Call for proposals establishing the Enterprise Europe Network, "Services encouraging
the participation of SMEs in the Community Framework Programme for RTD Art 21.2 module c / Annex III
(CIP)", clearly indicates that helping clients in RTD projects is the goal of EEN.
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Annex II Eligible countries for Partnership Agreements

Full Members countries of the Enterprise Europe Network:

Austria Hungary Poland


Belgium Iceland Portugal
Bulgaria Ireland Romania
Croatia Israel Serbia
Cyprus Italy Slovakia
Czech Republic Latvia Slovenia
Denmark Lithuania Spain
Estonia Luxembourg Sweden
Finland Malta Turkey
France Montenegro United Kingdom
Germany Netherlands Former Yugoslav
Greece Norway Republic of Macedonia

"Art. 21.5" Countries:


Armenia Japan Switzerland
Bosnia and Herzegovina Mexico Syria
Chile Moldova Tunisia
China Russia Ukraine
Egypt South Korea USA

Annex III PA check-list: is my PA eligible?

The Parties involved come from eligible countries YES

The PA is transnational except if a JRC, ESA or CERN is involved YES

The Network Partners involved were actively involved in the PA YES

The Parties are located in the area of responsibility of the Network Partners involved YES

If 1 Network Partner is involved, 1 signed PA Statement Letter and 1 PA Report (2 separate


YES
documents) were sent to the FirstClass address Partnership agreements

The names of the PA Statement Letter and the PA Report comply with the guidelines YES
If 2 Network Partners are involved in the PA, 2 PA Statement Letters and 1 joint Report
were sent by the Partner assisting "Company/Organisation 1" to the FirstClass e-mail YES
address Partnership Agreement 11 .
If a 'Third Party' Network Partner is involved, the Network Partner(s) directly involved
informed the 'Third Party', the assistance provided by the third party is indicated, incl. if YES
relevant the name, date and place of the Brokerage Event / Company Mission.

11
See footnote 2.
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