Professional Documents
Culture Documents
Agreement (PA)
Guidelines
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Latest updates November 2011
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.
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Introduction and Scope
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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.
2.2 PA types
o There are three types of PA:
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.
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.
2.4.3 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.
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 :
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.
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.
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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.
3.4 Validation of a PA
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.
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 2 PAs signed on the same day:
PA with 2 Network Partners involved and 1 PA signed on that day between clients of these 2
Network partners:
PA with 2 Network Partners involved and 2 PAs signed on that day between clients of these 2
Network partners:
First PA:
Second PA:
The PA Report file name is made by adding Report to the "root" of the PA Statement Letter.
PA with 1 Network Partner involved and 2 PAs signed on the same day:
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PA with 2 Network Partners involved and 1 PA signed on that day between clients of these 2
Network Partners:
PAs with 2 Network partners involved and 2 PAs signed on that day between clients of these
2 Network partners:
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.
PA Statement Letter and PA Report names for the PA with the first Hungarian company:
PA Statement Letter and PA Report names for the PA with the second Hungarian company:
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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:
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.
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.
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.
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
The Parties are located in the area of responsibility of the Network Partners involved YES
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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