Explanatory Memorandum to COM(2019)7 - Renewal of the Agreement on cooperation in science and technology between the EC and the Government of Russia

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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 the Government of the Russian Federation 1 ('the Agreement') was signed in Brussels on 16 November 2000 and entered into force on 10 May 2001. Since then and in accordance with its Article 12, the Agreement has been renewed three times in 2004 2 , 2009 3 and 2014 4 for an additional period of 5 years each time.


The current Agreement is due to expire on 20 February 2019.


It is in the interest of the EU to renew this Agreement in order to continue to facilitate cooperation with the Russian Federation in common S&T priority areas leading to benefits for both Parties.


Russia is the most important Science, Technology & Innovation (STI) actor in the neighbourhood of the EU that is not associated to Horizon 2020. Cooperation in STI between the EU and Russia has traditionally been very active, notably in the fields of research infrastructures, transport and environment. However, while in FP7 Russia was the most active non-associated third-country participant, in Horizon 2020 the level of collaboration is far below its potential. To a large degree this is due to the change of funding rules in Horizon 2020, whereby legal entities from Russia (together with Brazil, India, China and Mexico) are not anymore automatically eligible for funding from the EU, but also to the political circumstances.


Among all non-associated countries, Russia currently ranks 6th in terms of participations in collaborative projects of Horizon 2020. Moreover, the Horizon 2020 Work Programme 2018-2020 aims to intensify cooperation with Russia on topics of mutual interest and common benefit. In particular, apart from the general openness of Horizon 2020 to entities from all over the world including Russia, there are two major flagship bilateral cooperation initiatives with Russia, in research infrastructures and health, and one flagship multilateral cooperation initiative on aeronautics that targets also Russia.


The renewal of the Agreement fits within the EU's approach based on the five guiding principles to manage the EU’s current relations with Russia, agreed upon at the EU Foreign Affairs Council on 14 March 2016 and confirmed at the EU Foreign Affairs Council on 16 April 2018. Science diplomacy can be a powerful tool in our relations with Russia as it provides a positive cooperation agenda and is a source of soft power that can be particularly instrumental in catalysing and opening channels of communication and building trust between our societies. The Agreement provides a framework to enhance people-to-people contacts and STI cooperation in areas of EU strategic interest in the years to come, countering the trend of decreasing intensity of scientific collaboration between EU and Russian participants. For these reasons it is useful to renew the Agreement for the next five-year period.


At the EU-Russia Joint Science and Technology Cooperation Committee meeting established by the Agreement, held in Moscow on 28 September 2018, both Parties took note of their intention to renew the Agreement for another five-year period, without any amendment recognising the progress made to enhance EU-Russia cooperation in research and innovation.

The substance of the renewed Agreement will be identical to that of the current Agreement as discussed and agreed with the Russian counterparts. It will not create new rights and obligations for the EU, 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 the EU’s international cooperation strategy for research & innovation 5 , whereby Russia is a strategic partner of the EU in research and innovation. The EU’s strategy clearly states the importance of science & technology agreements as vehicles for defining and implementing multiannual roadmaps for cooperation with non-EU countries. 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 & innovation landscape.

Consistency with other Union policies

The EU’s global strategy for the EU’s foreign and security policy confirms that research cooperation is an important aspect of EU foreign policy and sees research cooperation as an essential element of stronger socioeconomic ties.

The initiative is consistent with the principles guiding current EU-Russia relations, as agreed upon at the EU Foreign Affairs Council on 14 March 2016, and confirmed at the EU Foreign Affairs Council on 16 April 2018.

The Commission will ensure the compliance of the implementation of this renewed Agreement with EU restrictive measures.

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 (for non-exclusive competence)

The EU and its Members States have parallel competence in the area of research and technological development in accordance with Article 4(3) TFEU. Therefore EU's action cannot be replaced by action of Member States.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

Regulatory fitness and simplification

This initiative is not part of the REFIT agenda.

4. BUDGETARY IMPLICATIONS

Only human and administrative resources are required; these are 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 the Government of the Russian Federation, for an additional period of five years (i.e., from 20.02.2019 until 19/02/2024)

- authorises the President of the Council to designate the person(s) empowered to notify the Government of the Russian Federation that the Union has completed the internal procedures necessary for the entry into force of this renewed Agreement