Explanatory Memorandum to COM(2020)32 - Renewal of the Agreement on cooperation in science and technology between the EC and Ukraine

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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 Ukraine’ 1  (‘the Agreement’) was signed in Copenhagen on 4 July 2002 and was concluded for an initial period ending 31 December 2002. Point (b) of Article 12 of the Agreement provides for a possibility of renewal by common agreement between the Parties for additional periods of five years. The Agreement has been renewed two times in 2011 2 and 2014 3 .

The Agreement expired on 7 November 2019.

The renewal of the Agreement for an additional period of five years is in the mutual interest of both Parties to the Agreement in order to continue facilitating cooperation between EU and Ukraine in common science and technology (S&T) priority areas leading to mutual benefits.

Ukraine has a long tradition of science and technology excellence and despite the difficulties of the last years, the country has still first class science and scientists, and is an important science, technology and innovation (STI) actor in the neighbourhood of the Union. Cooperation between the Union and Ukraine has traditionally been very active notably in the fields of advanced/new materials, IT-technology, physics and astronomy, engeering, agricultural technology, nanotechnology, biotechnology and their applications across various sectors such as aviation, energy, and biomedicine, in particular immunotherapies for cancer.

At the meeting of the EU-Ukraine Joint Science and Technology Cooperation Committee, established under the Agreement, held in Kyiv on 29 January 2019, both Parties took note of their intention to renew the Agreement for an additional period of five years, recognising the progress made to enhance EU-Ukraine cooperation in research and innovation. The Government of Ukraine has already started the renewal process on their side.

The substance of the renewed Agreement will be identical to that of the content of the current Agreement. The renewed Agreement will not create new or additional rights and obligations for either of the Parties, 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 with the EU’s international cooperation strategy for research and innovation 4 , in addition, with the international outreach of the previous and the new Commission, whereby Ukraine is a strategic partner of the EU in research and innovation.

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 and innovation landscape.

This Agreement is complementary to the Horizon 2020 Association Agreement, which focuses specifically on terms and conditions of Ukrainian participation in the Horizon 2020 Programme. The renewal of this S&T Agreement would allow to keep the general overarching legal framework for bilateral STI cooperation and would send an important political signal about the importance, which the EU attaches to cooperation with Ukraine on STI.

• 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.

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 Ukraine, for an additional period of five years (i.e., from 09/11/2019 until 08/11/2024); and

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