Legal provisions of COM(2003)438 - Signing of the Agreement for scientific and technological co-operation between the EC and Mexico - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2003)438 - Signing of the Agreement for scientific and technological co-operation between the EC and Mexico. |
|---|---|
| document | COM(2003)438  |
| date | July 18, 2003 |
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52003PC0438
Proposal for a Council Decision on the signing of the Agreement for scientific and technological co-operation between the European Community and the United Mexican States /* COM/2003/0438 final */
Proposal for a COUNCIL DECISION on the signing of the Agreement for scientific and technological co-operation between the European Community and the United Mexican States
(presented by the Commission)
EXPLANATORY MEMORANDUM
1. The Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States of the one part and the Unites Mexican States (hereinafter: Mexico) of the other part, entered into force on 1 October 2000. Article 29, paragraph 5 of this Agreement identified cooperation on science and technology as an area of particular interest and potential.
OJ L 276, 28.10.2000, p. 44
2. In its communication of 19 July 1996 entitled "Promoting RTD cooperation with the world's emerging economies" (COM(96) 344 final) the Commission stressed the benefits of negotiating agreements for scientific and technological cooperation with countries with emerging economies. In its resolution of 14 March 1997 on the above mentioned communication, the European Parliament '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'.
The strengthening of scientific and technological cooperation with these countries has been reaffirmed in the Commission's communication entitled 'The international dimension of the European Research Area' (COM (2001) 346 final).
3. On 22 January 2002, the Ambassador of Mexico to the EU presented Mexico's official request to enter into negotiations with the European Community with a view to concluding a specific agreement for scientific and technological cooperation.
4. On 12 July 2002, the Council authorized the Commission to negotiate an Agreement for scientific and technological cooperation between the European Community and Mexico. The negotiations resulted in the attached Agreement, initialed on 2 April 2003, in Mexico.
5. The Agreement was negotiated against the background of an upgraded and intensifying co-operation between Mexico 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:
- research on the environment and climate, including Earth observation,
- biomedical and health research,
- agriculture, forestry and fisheries,
- industrial and manufacturing technologies,
- research on electronics, materials and metrology,
- non-nuclear energy,
- transport,
- information society technologies,
- research on economic and social development,
- biotechnologies,
- aeronautics and space research and applied research; and
- science and technology policy.
6. 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 may be tacitly renewed after full evaluation, based on the results, during the penultimate year of each successive five-year period.
7. The Agreement provides for :
- establishment of networks and long-term institutional alliances between research centres and research and technology institutes and joint implementation of projects of common interest;
- implementation of RTD projects between research and business centres in Mexico and Europe, including technology-based companies;
- participation of Mexican research institutes in RTD projects under the existing framework programme and reciprocal participation of research institutes established in the Community in Mexican projects in similar sectors of RTD. Such a participation shall be subject to the rules and procedures applicable in RTD programmes of each Party;
- visits and exchanges of scientists, RTD policy-makers and technical experts, including scientific training through research ;
- joint organisation of scientific seminars, conferences, symposia and workshops, as well as participation of experts in such activities;
- exchanges and sharing of equipment and materials including shared use and/or loans of laboratory infrastructure and equipment;
- exchanges of information on procedures, laws, regulations and programmes relevant to cooperation under this Agreement, exchanges of experience and studies on best practice on science and technology policy;
- any other form recommended by the Steering Committee and deemed in conformity with the policies and procedures applicable in both Parties;
- cooperation activities to be subject to the availability of funds and to the applicable laws and regulations, policies and programmes of Mexico and the Community; in principle, no transfer of funds will take place.
8. 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 Rights' which forms an integral part thereof.
9. The principle of non-discrimination agreed under article 3 of the Agreement should protect Community participants in Mexican 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.
10. Closer collaboration with Mexico 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 Mexico and, consequently, within Latin America as a whole. This is in line with the conclusions adopted by the Council of the European Union on the communication from the Commission on a new European Union-Latin American partnership on the eve of the 21st century (COM (1999) 105 of 9 March 1999), the Rio Declaration by the Heads of State or Government of June 1999 and the contents of the existing CE-Mexico Economic Partnership, Political Coordination and Cooperation Agreement.
In conclusion, this negotiated agreement for scientific and technological cooperation would be the appropriate instrument for expanding and supplementing current cooperation under the FP6 specific activities for international cooperation with developing countries.
11. In the light of the above-mentioned considerations, the Commission proposes that the Council
- decide that the Agreement for scientific and technological cooperation between the European Community and the United Mexican States 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 United Mexican States
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 United Mexican States;
(2) Subject to its possible conclusion at a later date, the Agreement initialled on 2 April 2003 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 United Mexican States.