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Pathway 5

Pathway 5: Cost-sharing agreements for future developments of interoperability solutions (Article 4(5))

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This pathway applies when sharing and reusing entities decide to jointly fund future developments of an interoperability solution, such as new features, scaling, hardening or localisation.

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Legal basis

  • Permitted cost-sharing: Sharing and reusing entities may conclude an agreement on sharing the costs for future developments of the interoperability solution (Article 4(5)).

Implementation guidance

🧾 Step 1. Confirm that funding is for ‘future developments’, not basic sharing

Cost-sharing under Article 4(5) is voluntary, and applies only to future developments, that is, enhancements or extensions that go beyond the interoperability solution already made available under Article 4(1). 

Public organisations are not required to co-fund future developments, nor do they have a right to demand funding from others.

  • reuse of an existing interoperability solution followed by a voluntary agreement to co finance future enhancements or developments; 
  • coordinated development roadmaps where a reusing entity contributes financially to new features; 
  • joint funding of specific future modules or extensions; 
  • procuring additional features with all improvements contributed upstream.

For the purposes of Article 4(5), the arrangement is between the participating sharing and reusing entities. Separate procurement, hosting or other contractual arrangements with private actors may accompany it. Routine operational service costs, onboarding of users, hosting, transaction based usage or support activities are not, as such, ‘future developments’ within the meaning of Article 4(5). 

At this stage, participating entities may distinguish clearly between the baseline interoperability solution already shared, published or otherwise made available and the future developments for which cost-sharing is being considered. 

Participating entities are encouraged to identify potential partners by reaching out to entities with similar needs, both across the Union, Member States, and administrative levels.

Output of this step: a scope statement specifying what future developments are envisaged and potentially subject to cost-sharing.

🤝 Step 2. Agree on the core terms of the future development cost-sharing agreement

Participating entities may formalise cooperation through an agreement that sets out the scope of the future developments, how they will be funded, and how decisions will be taken.

Such agreements typically set out the following elements, as relevant and proportional:

  1. Participating sharing and reusing entities 
  2. Background and purpose 
  3. Definitions 
  4. Scope of the cost-sharing agreement (i.e. future developments covered) 
  5. Cost categories and Total Cost of Ownership 
  6. Cost-allocation model (e.g. equal shares, population-based, user-based, hybrid) 
  7. Payment terms 
  8. Accounting, reporting, and audit 
  9. Governance and decision-making 
  10. Change management 
  11. Intellectual property and licensing 
  12. Confidentiality and information handling 
  13. Legal compliance 
  14. Duration and termination 
  15. Liability and risk allocation 
  16. Dispute resolution.

The participating public organisations may also clarify, to the extent permitted by the applicable legal framework, the applicable law, dispute-handling mechanism, liability allocation, escalation path, and rules on termination or withdrawal. The Act allows such cooperation but does not harmonise these matters.

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Output of this step: a signed (or otherwise formally approved) cost-sharing agreement describing scope, governance, cost allocation, and licensing and publication responsibilities.

🚀 Step 3. Deliver, publish where relevant, and review

Once the cost-sharing arrangement is in place, participating entities implement the agreed work packages and manage delivery in line with the agreed governance arrangements.

  • if outputs are published under Article 4(3), the publication pathway may be used (Pathway 2); 
  • if outputs are shared upon request, the direct-sharing pathway may be used (Pathway 3); 
  • if jointly funded work results in an adapted solution, the adaptation pathway may be relevant (Pathway 4).

After delivery and, where relevant, publication, a structured review process may help assessing:

  • delivery status of agreed work packages, 

  • expenditures compared with planned contributions, 

  • onboarding of new users (where relevant), 

  • whether the cooperation should be continued, adjusted, or renewed. 

These reviews may also involve updating information on the Interoperable Europe Portal or a connected repository.

Output of this step: release notes and review record documenting progress, publication, and any other relevant decision.

For further details on this pathway, including legal context, implementation considerations and examples, see the corresponding Section (3.5) in the extended version of the Guidelines. 

Download the extended version

For further guidance and clarification, please refer to the FAQ section available on the Portal.

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