Explanatory Memorandum to COM(2006)422-1 - Signature of the Scientific and Technological Cooperation Agreement with Korea

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1. The Community and the Republic of Korea (hereinafter “Korea”) have similar research priorities, such as life sciences and technologies, information society technologies and telecommunications, industrial and materials technologies, sustainable development, renewable energy sources, satellites, Earth observation, etc. and both are also members of ITER, the International Thermonuclear Experimental Reactor.

2. Korea is committed to strengthening its research base and annually invests almost 3% of its GDP in this field.[1] Therefore Korea is a very important partner for Europe to cooperate with in the area of science and technology.

3. Considering the importance of science and technology for economic and social development in Europe and Korea, both parties expressed the desire to upgrade and intensify their co-operation in areas of common interest:

4. In May 2003, during his meeting with Mr. Busquin in Brussels, the Korean Science Minister, Mr. Park expressed Korea’s wish to negotiate a scientific and technological cooperation agreement in order to enhance and strengthen scientific and technological cooperation.

5. In October 2003, the Korean Mission to the European Union officially informed the Commission services of Korea's desire to open negotiations on a scientific and technological cooperation agreement

6. On 7 March 2005, the Council authorised the Commission to negotiate an Agreement for scientific and technological cooperation between the European Community and Korea. The negotiations resulted in the attached agreement initialled on 21 December 2005.

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.

8. It shall be concluded for an initial period of five years and be tacitly renewed, subject to the recommendation of an external independent evaluation carried out during the penultimate year of each successive five-year period.

9. In the light of the above-mentioned considerations, the Commission proposes that the Council:

10. Approves on behalf of the European Community the decision on the signature, and after the consultation of the European Parliament,

11. Approves the decision on the conclusion of the Scientific and Technological Cooperation Agreement between the European Community and Korea.

Proposal for a

COUNCIL DECISION

on the signature of the Scientific and Technological Cooperation Agreement between the European Community and the Republic of Korea

THE 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  i thereof,

Having regard to the proposal from the Commission i,

Whereas:

12. By its decision of 7 March 2005 the Council authorised the Commission to negotiate with the Republic of Korea an Agreement for scientific and technological cooperation between the European Community and Korea.

13. On behalf of the Community, the Commission negotiated an Agreement with the Republic of Korea in accordance with the directives in the Annex to the Council decision authorising the Commission to negotiate a scientific and technological cooperation Agreement.

14. The negotiations resulted in the attached agreement initialled on 21 December 2005.

15. 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:

Sole Article

Subject to its conclusion at a later date, the President of the Council is hereby authorised to designate the person or the persons empowered to sign on behalf of the European Community the Agreement for scientific and technological cooperation between the European Community and Korea.

The text of the Agreement is annexed to this decision.

Done at Brussels,

For the Council

The President