Legal provisions of COM(2003)381 - Signing of the Agreement for scientific and technological co-operation between the EC and Brazil - Main contents
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| dossier | COM(2003)381 - Signing of the Agreement for scientific and technological co-operation between the EC and Brazil. |
|---|---|
| document | COM(2003)381  |
| date | September 22, 2003 |
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52003PC0381
Proposal for a Council Decision on the signing of the Agreement for scientific and technological co-operation between the European Community and the Federative Republic of Brazil /* COM/2003/0381 final */
Proposal for a COUNCIL DECISION on the signing of the Agreement for scientific and technological co-operation between the European Community and the Federative Republic of Brazil
(presented by the Commission)
EXPLANATORY MEMORANDUM
1. The Framework Agreement for cooperation between the European Community and the Federative Republic of Brazil (hereinafter: Brazil), which entered into force on 1 November 1995, identified scientific and technological cooperation as an area of particular interest and potential.
2. In its communication of 19 July 1996 entitled "Promoting RTD cooperation with the world's emerging economies" (COM(96)344 final) the Commission recommended, inter alia, that the Union should envisage concluding scientific and technological cooperation Agreements with selected emerging economies and added that 'the implementation of this procedure is not only the ultimate expression of a political will to foster RTD collaboration. It also allows the parties to tailor country-specific RTD cooperation frames and orient the scientific communities towards selected RTD themes and technological challenges of common interest'.
3. In its resolution of 14 March 1997 on the Commission communication entitled "Promoting RTD cooperation with the world's emerging economies" the European Parliament 'calls on the Commission to envisage mechanisms for cooperation in the fields of advanced scientific and technological research that characterise the emerging economies, while maintaining the mechanisms intended specifically for assisting the developing countries' and 'calls on the Commission to negotiate, with due regard for the circumstances in each country, bilateral agreements establishing a legal framework for the promotion of RTD cooperation'. This position was reinforced in the Commission's Communication to Council and Parliament entitled The International Dimension of the European Research Area (COM (2001) 346 final).
4. On the 19 November 2002, the EC and Brazil signed a Memorandum of Understanding on Cooperation, in Brussels, reflecting the priorities for bilateral EC-Brazilian cooperation until the end of 2006.This memorandum concentrates on five priority areas, namely public administration, economic cooperation, social development, research and technology and the environment, along the lines described in the Commission's Country Strategy Paper adopted in August 2002.
5. On 14 February 2000, the Council authorised the Commission to negotiate an Agreement for scientific and technological co-operation between the European Community and Brazil. The negotiations resulted in the attached Agreement, initialled on 3 December 2002, in Brussels.
6. The Agreement was negotiated against the background of an upgraded and intensifying co-operation between Brazil and the European Union, considering the importance of science and technology for economic and social development and the mutual wish to extend and strengthen the conduct of co-operative activities in areas of common interest as diverse as:
- biotechnology,
- information and communication technologies,
- bioinformatics,
- space,
- micro- and nanotechnologies,
- materials research,
- clean technologies,
- management and sustainable use of environmental resources,
- biosafety,
- health and medicine,
- aeronautics,
- metrology, standardisation and conformity assessment, and
- human sciences.
7. The Agreement is based on the principles of mutual benefit, reciprocal opportunities for access to each other's programmes and activities relevant to the purpose of the Agreement, non-discrimination, the effective protection of intellectual property and equitable sharing of intellectual property rights. It shall be concluded for an initial period of five years and will be renewable for additional periods of five years by mutual written agreement of the Parties.
8. The Agreement provides for :
- participation of Brazilian research and technological development entities in RTD projects of the framework programme and reciprocal participation of research and technological development entities established in the Community in Brazilian projects in similar sectors of RTD. Such a participation is subject to the rules and procedures applicable in each Party;
- joint RTD projects,
- visits and exchanges of scientists, researchers and technical experts,
- joint organisation of scientific seminars, conferences, symposia and workshops, as well as the participation of experts in those activities;
- concerted actions such as the pooling of RTD projects already implemented in accordance with the procedures applicable to the RTD programmes of each Party and scientific networks;
- exchange and sharing of equipment and materials;
- exchanges of information on practices, laws, regulations and programmes relevant to cooperation under this Agreement, including information on policy in the field of science and technology;
- any other arrangements recommended by the Steering Committee to be established pursuant to Article VI, which are deemed compliant with the policies and procedures applicable in both Parties. In principle, no transfer of funds will take place.
9. As regards dissemination and utilisation of information and management, allocation and exercise of intellectual property rights, resulting from joint research under the Agreement, they shall be subject to the provisions of the annex to this Agreement entitled 'Intellectual Property' which forms an integral part thereof.
10. The principle of non-discrimination agreed under article III of the Agreement should protect Community participants in Brazilian programmes and activities against any discriminatory treatment, also in respect of the dissemination and utilisation of results, including intellectual property rights. The Steering Committee shall, inter alia, review the efficient and effective functioning of the Agreement, including the non-discriminatory treatment of participants.
11. Closer collaboration with Brazil on science and technology will also contribute directly to strengthening ties between the two parties and will, in particular, bring substantial benefits for Europeans, by improving the Community's position in Brazil and, consequently, within MERCOSUR, with whom the EC is currently negotiating an Association Agreement.
This negotiated Agreement for scientific and technical cooperation would be the appropriate instrument for considerably expanding and supplementing current cooperation under the FP6 specific activities for International Cooperation with Developing Countries.
12. In the light of the above-mentioned considerations, the Commission proposes that the Council decide that the Agreement be signed on behalf of the European Community and authorise the President of the Council to designate the person empowered to sign on behalf of the European Community.
Proposal for a COUNCIL DECISION on the signing of the Agreement for scientific and technological co-operation between the European Community and the Federative Republic of Brazil
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 170 (2), in conjunction with the first sentence of the first subparagraph of Article 300 (2) thereof,
Having regard to the proposal from the Commission ,
OJ C , , p. .
Whereas:
(1) The Commission has negotiated, on behalf of the Community, an Agreement for scientific and technological cooperation with the Federative Republic of Brazil;
(2) Subject to its possible conclusion at a later date, the Agreement initialled on 3 December 2002 should be signed,
HAS DECIDED AS FOLLOWS:
Sole Article
Subject to a possible conclusion at a later date, the President of the Council is hereby authorised to designate the person empowered to sign, on behalf of the European Community, the Agreement for scientific and technological co-operation between the European Community and the Federative Republic of Brazil.