Explanatory Memorandum to COM(2024)438 - - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)438 - . |
|---|---|
| source | COM(2024)438 |
| date | 01-10-2024 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The ‘Agreement on cooperation in science and technology between the European Community and Ukraine’0 (‘the Agreement’) was signed in Copenhagen on 4 July 2002 and was concluded originally until 31 December 20020. Article 12 point (b) of the Agreement provides for a possibility of renewal by common agreement between the Parties for additional periods of five years. The Agreement has been renewed four times: in 20030, 20110, 20150 and 20200.
The current Agreement will expire on 8 November 2024.
The renewal of the Agreement for an additional period of five years is in the mutual interest of both Parties to the Agreement in order to continue facilitating cooperation between the EU and Ukraine in common science and technology (S&T) priority areas leading to mutual benefits as laid out in Article 4 of the Agreement.
Ukraine has a long tradition of science and technology excellence and despite the difficulties of the last years and Russia’s unlawful and unprovoked war of agression, Ukraine still has first class science and scientists, and remains an important science, technology and innovation (STI) actor in the neighbourhood of the Union. Cooperation between the Union and Ukraine has traditionally been very active notably in the fields of advanced/new materials, IT-technology, physics and astronomy, engeering, agricultural technology, nanotechnology, biotechnology and their applications across various sectors such as aviation, energy, and biomedicine, in particular immunotherapies for cancer.
By a letter of 23 May 2024, the Ministry of Education and Science of Ukraine and the Ministry of Foreign Affairs of Ukraine expressed their interest in renewing the agreement. The Government of Ukraine has already started the renewal process on their side.
The substance of the proposed decision is to extend the existing Agreement. It will in all other regards be identical to that of the content of the current Agreement. As such, the renewed Agreement will not create new or additional rights and obligations for either of the Parties, but instead it will extend in time the legal regime already existing between the Parties in the field of S&T cooperation.
• Consistency with existing policy provisions in the policy area
This initiative is fully in line with with the Commission’s Communication on the Global Approach to Research and Innovation0.
The Agreement is also a means of implementing the EU’s international cooperation strategy for research and innovation, which calls for more internationalisation and openness in the EU’s research and innovation landscape.
This Agreement is complemented by the Horizon Europe Association Agreement, which focuses specifically on the terms and conditions of Ukrainian participation in the Horizon Europe and the Euratom Research and Training Programmes0 The renewal of this S&T Agreement would allow to keep the general overarching legal framework for bilateral STI cooperation and would send another political signal about the importance, which the EU attaches to cooperation with Ukraine on science and technology.
• Consistency with other Union policies
The European Council Conclusions from 23 – 24 June 2022 reiterated the strong support for Ukraine amidst the ongoing conflict with Russia and the commitment to continue to support Ukraine’s overall economic, social and financial resilience. Likewise, actions to support and strengthen Ukraine’s research and innovation ecosytem are set out in the Ukraine Plan of the Ukraine Facility, which was approved by the Council Implementing Decision 2024/1447 of 14 May 2024. This Agreement establishes a basis for continued scientific and technological cooperation with Ukraine in support of these priorities.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The EU’s power to act internationally in research and technological development is based on Article 186 TFEU. The procedural legal basis for the proposal is point (a)(v) of the second subparagraph of Article 218(6) TFEU.
• Subsidiarity
As per Article 4(3) TFEU, in the areas of research, technological development and space, the Union has competence to carry out activities, in particular to define and implement programmes; however, the exercise of that competence shall not result in Member States being prevented from exercising theirs.
The purpose of the agreement is to encourage, develop and facilitate cooperative activities in the fields of common interest in science and technology with Ukraine at Union level. It includes the participation of Ukrainian entities in Union projects under the Framework Programmes for Research and Innovation.
No bilateral agreement between a Member State and a third country can achieve the effect of establishing cooperation at Union level with a third country in the fields of research and technology development.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Regulatory fitness and simplification
This initiative is not part of the Commission's regulatory fitness and performance programme (REFIT). REFIT applies only in cases where legislative proposals are set to change existing EU laws and where regulatory costs arise.
4. BUDGETARY IMPLICATIONS
This initiative does not require human or administrative resources as set out in the legislative financial statement.
In the light of the above considerations, the Commission requests that the Council:
– approves, on behalf of the Union, and with the consent of the European Parliament, the renewal of the Agreement on cooperation in science and technology between the European Community and Ukraine, for an additional period of five years (i.e. from 08/11/2024 until 08/11/2029).