Explanatory Memorandum to COM(2020)29 - Renewal of the Agreement for scientific and technological cooperation between the EC and the Government of India

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1. CONTEXT OF THE PROPOSAL

Reasons for and objectives of the proposal

The Agreement for scientific and technological cooperation between the European Community and the Government of the Republic of India 1 ('the Agreement') was signed in New Delhi on 23 November 2001 and entered into force on 14 October 2002. Article 11(b) provides that This Agreement shall be concluded for a period of five years and may be renewed by mutual agreement between the Parties after evaluation during the last year of the aforementioned period. The Agreement has been renewed twice so far; the Council approved the renewal in 2009 2 and in 2015 3 for an additional period of 5 years each time.


The current Agreement is due to expire on 17 May 2020.


The evaluation carried out by the Commission clearly demonstrates that the Agreement provides an important framework for conducting and facilitating cooperation between the EU and India in common S&T priority areas leading to mutual benefits. In the past years, under the Horizon 2020 Programme 4 , a joint call on water resulted in 7 selected projects for a total of EUR 30M with the Department of Science and Technology (DST) and the Department of Biotechnology (DBT); a joint call on new generation vaccines with DBT for a total of EUR 30M resulted in 3 selected projects; two innovation initiatives were launched: an incubators network and an innovation platform, resulting on more than 20 innovation partnerships among its participants. In addition, an Implementing Arrangement between the Science and Engineering Research Board (SERB) and the European Commission was signed to facilitate mobility of Indian researchers to European Research Council grantees teams. Finally, two co-funding mechanisms were set up by DBT and the Ministry of Earth Science (MoES) to fund succesful Indian participants in more than 50 Horizon 2020 calls.


It is in the interest of the EU to renew this Agreement in order to continue to further engage in scientific and technological cooperation and facilitation thereof, in areas of mutual interest and leading to technological advances benefitting European scientific community and increase market access to India through joint cooperation.


The Agreement is essential to understand each other's scientific and innovation landscape and establish together priority areas of mutual interest on international cooperation in research and innovation. It offers a legal and administrative framework in which the modalities of cooperation can be discussed ensuring a sound and fair allocation of research and innovation funding in areas that are in line with the EU's interests and policies and can be adapted and adjusted to India's interests and needs.


It offers also a useful forum to assess past cooperation and determine future actions, including on topics making the cooperation effective such as Open access and Open Innovation principles.


At the India – EU Joint Steering Committee meeting, established by the Agreement, held in New Delhi on 1 March 2019, both Parties took note of their intention to renew the Agreement for another five-year period without any amendment following an evaluation in line with its Article 11.


The substance of the renewed Agreement will be identical to that of the current Agreement, as discussed and agreed with the Indian 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 R&I 5 . 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 R&I, which calls for more internationalisation and openness in the EU’s R&I landscape.

Consistency with other Union policies

The Agreement is instrumental in fulfilling the objectives of the EU Strategy on India 6 to jointly tackling global challenges, supporting India’s sustainable modernisation, opening business opportunities and increasing scientific excellence and competitiveness. 7  

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. The objectives of scientific and technological international cooperation can be better achieved at EU’s level considering the global challenges. Also the Union is best placed to play a leading role in promoting common principles for the conduct of international research and innovation activities in order to create a level playing field in which researchers and innovators from across the globe feel confident to engage with each other. Therefore it’s preferable for the EU to take action in the area of research and technogical development. At the same time the Union's international cooperation activities and those of the Member States need to be consistent and complement each other.


In this context, the Agreement allows for a frame to identify areas of cooperation on research and innovation of mutual interest and in line with the EU's agenda and strategy on international cooperation. So far the cooperation between the EU and India has be proved to be useful and necessary and therefore we seek for its continuation via the renewal of the Agreement. 

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 for scientific and technological cooperation between the European Community and the Government of the Republic of India, for an additional period of five years (i.e., from 17.05.2020 until 16/05/2025)

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