EU research funding + free software

[Karsten Gerloff]

Hi, 

On Thu, Jun 26, 2014 at 04:29:45PM +0200, Alessandro Rubini wrote:
> Nikos:
> >> > [...] As far as I know all EU projects include funds for
> >> > secretarial work, so that could be assumed by paid positions within
> >> > FSFE. What do you think?
> 
> Karsten:
> >> And boy, is there a lot of paperwork. [...]
> >> That's fine if you're working at a decent-sized university
> >> department or a company. There's usually a staffer there who
> >> handles everyone's paperwork for EU projects. But if you don't
> >> have such a person, then the paperwork will kill you.
> 
> Fabian:
> > Sounds like the FSFE should have a staffer for this.
> 
> Exactly.
> 
> I see a misunderstanding, that brought to Niko's other disappointed
> reply ("I understand [...] funding for free software projects is
> outside the FSFE's goals").
> 
> IIUC, Nikos' original proposal was to hire a person withing FSFE's
> offices for this kind of paid work.  Karsten's reply makes me thing he
> perceived a request to help with current workforce (or participate in
> a project as a project member).
> 
> It's difficult to calibrate thing properly, but I understand Nikos'
> proposal: there are FS projects that may win EU funding if somebody
> does the [later paid for] paperwork.  But the project itself can't
> hire a staff member for that, because of size contraints or legal
> position or whatever.  So FSFE may develop the expectise and host the
> right people to do the paperwork on behalf of FS projects.

the problem is that this wouldn't actually be allowed, at least not
under the FP7 rules I'm familiar with. 

Formulated in the language used to talk about EU projects, Nikos'
scenario looks like this:

FSFE becomes an official partner in the project. FSFE then contracts
out the actual project work to the individual, and takes charge of
the administrative work.

The problem here is that under the rules, project partners
aren't allowed to subcontract out the actual project work (or only
up to ca. 20% of the total). 

FSFE could hire the individual to work on the project. This is
something we might consider for projects where we really want to
participate as FSFE. But it's not a solution for the scenario
presented by Nikos, where FSFE takes on the administrative work
for unrelated (for lack of a better word) Free Software
projects.


I've gotten in touch with the European Commission and asked them
about ways for individuals to participate in Horizon 2020
projects. While I haven't had time to review the rules in detail,
the response is encouraging. 

I was told that for natural persons, the funding rate would
generally be 100% + overhead - that's as good as it gets. You just
need a way to show that the personnel costs you're charging are
reasonable.

Here's what my contact said:


	See the rules for participation at
	http://ec.europa.eu/research/participants/data/ref/h2020/legal_basis/rules_participation/h2020-rules-participation_en.pdf

	especially:

	(13) 'legal entity' means any natural person, or any legal
	person created and recognised as such under national law,
	Union law or international law, which has legal
	personality and which may, acting in its own name,
	exercise rights and be subject to obligations;

	Article 7
	Legal entities that may participate in actions
	
	1. Any legal entity, regardless of its place of
	establishment, or international organisation may
	participate in an action provided that the conditions laid
	down in this Regulation have been met, together with any
	conditions laid down in the relevant work programme or
	+work plan.
	[...]

	Article 32
	Owners of SMEs and natural persons without a salary
	The owners of SMEs who do not receive a salary, and other
	natural persons who do not receive a salary, may charge
	personnel costs on the basis of a unit cost.


	Article 33
	Unit costs
	1. In accordance with Article 124 of Regulation (EU,
	Euratom) No 966/2012, the Commission may establish methods
	to determine unit costs based on:

	(a) statistical data or similar objective means;
	
	(b) auditable historical data of the participant.
	
	2. Direct eligible personnel costs may be financed on the
	basis of unit costs determined according to the
	participant's usual cost accounting practices, provided
	that they comply with the following cumulative criteria:
	
	(a) they are calculated on the basis of the total actual
	personnel costs recorded in the participant's general
	accounts which may be adjusted by the participant on the
	basis of budgeted or estimated elements according to the
	conditions defined by the Commission;
	
	(b) they comply with Articles 26 and 27;
	
	(c) they ensure compliance with the non-profit requirement
	and the avoidance of double funding of costs;
	
	(d) they are calculated with due regard to Article 31.
 


Best regards,
Karsten
-- 
Karsten Gerloff                      [ ]   <gerloff at fsfeurope.org>
Free Software Foundation Europe   [ ][ ][ ]      [http://fsfe.org]
President                            | |         +49 176 9690 4298
Support software freedom!                [http://fsfe.org/support]

Free Software Foundation Europe e.V. is a German Verein registered
at the Registergericht Hamburg (VR 17030). 


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