Legal provisions of COM(2008)170-1 - Signature of the agreement on scientific and technological cooperation between the EC of the one part and the Government of New Zealand, of the other part - Main contents
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| dossier | COM(2008)170-1 - Signature of the agreement on scientific and technological cooperation between the EC of the one part and the Government ... |
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| document | COM(2008)170  |
| date | April 4, 2008 |
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52008PC0170(01)
Proposal for a decision of the Council on the signature on behalf of the European Community of the agreement on scientific and technological cooperation between the European Community of the one part and the Government of New Zealand of the other part /* COM/2008/0170 final */
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |
Brussels, 4.4.2008
COM(2008) 170 final
2008/0066 (CNS)
Proposal for a
DECISION OF THE COUNCIL
on the signature on behalf of the European Community of the Agreement on Scientific and Technological Cooperation between the European Community of the one part and the Government of New Zealand of the other part
Proposal for a
DECISION OF THE COUNCIL
on the conclusion on behalf of the European Community of the Agreement on Scientific and Technological Cooperation between the European Community of the one part and the Government of New Zealand of the other part
(presented by the Commission)
EXPLANATORY MEMORANDUM
Subject: Proposal for a Council decision concerning the signature and conclusion of a scientific and technical cooperation agreement between the European Community, on the one part, and the Government of New Zealand on the other part
New Zealand is the only non European industrialised country with which the EC still does not have a Science and Technology agreement in force. Currently the cooperation between the Community and New Zealand is based on a Technical Arrangement for Cooperation in Science and Technology between the Commission and the Government of New Zealand which was signed and entered into force on 17 May 1991. This arrangement does not foresee an institutionalised coordination of cooperative activities nor does it provide for specific rules covering the treatment and protection of intellectual property rights.
Over the last year and a half the New Zealand government has repeatedly stated at the highest political level its wish to upgrade the above 'Science and Technology arrangement' to a formal agreement. Furthermore, in a letter to Commissioner Potočnik of 17 October 2006 the New Zealand Minister for Research, Science and Technology stated the case for an upgrade more concretely. The letter identified a number of priority areas of interest for New Zealand, where they would like to strengthen collaboration, notably through the Framework Programme. These areas are: Food, Agriculture and Biotechnology, Information and Communication Technologies, Health, Environment and Researcher mobility. They fully correspond to the areas that the Commission services consider interesting and promising for future collaboration from a European point of view.
Therefore, Commissioner Potočnik replied on 23 November 2006 to the letter of the New Zealand Minister for Research, Science and Technology and confirmed that he shared this assessment as regards the usefulness of a formal Science and Technology cooperation agreement between the Community and New Zealand and that he would welcome the conclusion of an S&T cooperation agreement.
Thus, upon a proposal of the Commission, the Council authorised the Commission on 18 September 2007 to negotiate on behalf of the European Community an S&T cooperation agreement with the Government of New Zealand and issued the relevant negotiating directives. The negotiations resulted in the attached draft agreement text initialled on 20 November 2007.
The Agreement is consistent with the negotiating directives: it 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.
Furthermore, the agreement foresees in Article 6 (3) (c) that the Joint Committee that is established by the two executive agents of the Parties may make, subject to each Party's domestic approval processes, technical amendments to the Agreement as may be required. The two negotiating sides agreed that these technical amendments should be restricted to the modification of technical terms and references that might be altered in the course of change from one Framework Programme to the other. In order to ensure a quick implementation of these technical amendments and with a view to avoiding an onerous procedure for amendments which leave the substance of the Agreement untouched, the Commission requests the Council to authorise it, according to Article 300 (4) EC Treaty, to approve the modifications provided for in Article 6 (3) (c) of the Agreement on behalf of the Community
According to Article 13 (2) of the Agreement it will be concluded for an initial period of five years and continue in force after this initial period unless either Party notifies the other that it shall be terminated.
The negotiation and conclusion of a Science and Technology co-operation agreement with New Zealand lies in the European interest. Such an agreement would allow to fully exploit the co-operation potential with this industrialised country. Given that an informal 'Science and Technology arrangement' has already existed since 1991, the additional administrative burden and workload deriving from an upgrade would be relatively limited.
In light of the above consideration the Commission proposes to the Council
- To approve on behalf of the European Community the attached decisions;
- To notify the New Zealand authorities that the European Community has completed the procedures necessary for the entry into force of the Agreement.
- Proposal for a
DECISION OF THE COUNCIL
on the signature on behalf of the European Community of the Agreement on Scientific and Technological Cooperation between the European Community of the one part and the Government of New Zealand of the other part
TH E COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 170 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
WHEREAS:
(1) The Commission has negotiated, on behalf of the Community, an Agreement on Scientific and Technological Cooperation with the Government of New Zealand.
(2) The negotiations resulted in the attached agreement initialled on 20 November 2007.
(3) It is necessary to sign the Agreement negotiated by the Commission in view of its possible conclusion at a later date.
HAS DECIDED AS FOLLOWS:
Article 1
(2) The text of the Agreement is annexed to this Decision.