# C_2012271EN.01000101.xml

| 8.9.2012 | EN | Official Journal of the European Union | C 271/1 |
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8.9.2012

EN

Official Journal of the European Union

C 271/1

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Memorandum of Understanding between the European Commission and the European Molecular Biology Laboratory

2012/C 271/01

The European Commission, hereinafter referred to as ‘the Commission’, and the European Molecular Biology Laboratory, the headquarters of which are at Heidelberg, Germany, hereinafter referred to as ‘EMBL’ (jointly hereinafter referred to as ‘the two Sides’),

CONSIDERING:

| — | The Treaty on the Functioning of the European Union whereby cooperation in the field of research, technological development and demonstration with third countries and international organisations is promoted, |
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The Treaty on the Functioning of the European Union whereby cooperation in the field of research, technological development and demonstration with third countries and international organisations is promoted,

| — | The Agreement establishing the European Molecular Biology Laboratory signed on 30 May 1973 (1); based on this Agreement the signatories have entrusted performance of basic research in molecular biology, training of scientists, students and visitors at all levels, offering vital services to scientists in the member states that are signatories, developing new instruments and methods in the life sciences and engaging in technology transfer activities, to EMBL, |
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The Agreement establishing the European Molecular Biology Laboratory signed on 30 May 1973 (1); based on this Agreement the signatories have entrusted performance of basic research in molecular biology, training of scientists, students and visitors at all levels, offering vital services to scientists in the member states that are signatories, developing new instruments and methods in the life sciences and engaging in technology transfer activities, to EMBL,

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| — | The Administrative Arrangement for scientific and technological cooperation between the Commission and the EMBL signed on 18 January 1995, |
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The Administrative Arrangement for scientific and technological cooperation between the Commission and the EMBL signed on 18 January 1995,

| — | The Statement of Intent between the Commission and the EIROforum Organisations, signed on 24 June 2010, |
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The Statement of Intent between the Commission and the EIROforum Organisations, signed on 24 June 2010,

| — | The Framework Programmes of the European Community for research, technological development and demonstration activities, |
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The Framework Programmes of the European Community for research, technological development and demonstration activities,

| — | The 2007 Green Paper on new perspectives for the European Research Area (ERA) (2), which calls for greater cooperation and strengthened partnership with intergovernmental research organisations such as EMBL, notably as regards research programming, training and mobility of researchers, research infrastructures, intellectual property and international cooperation, |
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The 2007 Green Paper on new perspectives for the European Research Area (ERA) (2), which calls for greater cooperation and strengthened partnership with intergovernmental research organisations such as EMBL, notably as regards research programming, training and mobility of researchers, research infrastructures, intellectual property and international cooperation,

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| — | The ERA International Cooperation Communication of 2008 (3) which confirms the usefulness of a strengthened partnership between the European Community and European intergovernmental research organisations, notably the EIROforum Organisations to help assemble the critical mass needed to provide an effective response to policy challenges that are increasingly global, |
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The ERA International Cooperation Communication of 2008 (3) which confirms the usefulness of a strengthened partnership between the European Community and European intergovernmental research organisations, notably the EIROforum Organisations to help assemble the critical mass needed to provide an effective response to policy challenges that are increasingly global,

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| — | The ERA Vision 2020, endorsed on 2 December 2008 by the Council of the European Union (EU) (4); which stipulates that by 2020 all players will fully benefit from the 5th freedom across ERA (5), |
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The ERA Vision 2020, endorsed on 2 December 2008 by the Council of the European Union (EU) (4); which stipulates that by 2020 all players will fully benefit from the 5th freedom across ERA (5),

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| — | The ‘Strategy Europe 2020: a strategy for a smart, sustainable and inclusive growth’ (6), endorsed on 17 June 2010 by the European Council, the related Flagship Initiative ‘A Digital Agenda for Europe’ adopted by the European Commission on 19 May 2010 (7) and the related Flagship initiative ‘Innovation Union’, adopted by the European Commission on 6 October 2010 (8), |
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The ‘Strategy Europe 2020: a strategy for a smart, sustainable and inclusive growth’ (6), endorsed on 17 June 2010 by the European Council, the related Flagship Initiative ‘A Digital Agenda for Europe’ adopted by the European Commission on 19 May 2010 (7) and the related Flagship initiative ‘Innovation Union’, adopted by the European Commission on 6 October 2010 (8),

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RECOGNISING:

| | The respective responsibilities of the two Sides in the aforementioned areas which are mutually reinforcing, |
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The respective responsibilities of the two Sides in the aforementioned areas which are mutually reinforcing,

| | The long-standing excellent cooperation between EMBL and the Commission based on the precedent Administrative Arrangement, |
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The long-standing excellent cooperation between EMBL and the Commission based on the precedent Administrative Arrangement,

HAVE AGREED AS FOLLOWS:

| 1. | The two Sides intend to cooperate, with due regard to their respective competences, to consolidate and further develop the European Research Area, notably concerning research programming, training and mobility of researchers, research infrastructures, management of intellectual property and international collaboration. For this purpose, they may develop joint activities in the area of molecular life sciences. |
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1.

The two Sides intend to cooperate, with due regard to their respective competences, to consolidate and further develop the European Research Area, notably concerning research programming, training and mobility of researchers, research infrastructures, management of intellectual property and international collaboration. For this purpose, they may develop joint activities in the area of molecular life sciences.

| 2. | With due regard to their respective competences, institutional settings and operational frameworks, the two Sides will inform and consult each other, as appropriate, on issues of mutual interest, in particular in relation to the consolidation and further development of the European Research Area. |
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2.

With due regard to their respective competences, institutional settings and operational frameworks, the two Sides will inform and consult each other, as appropriate, on issues of mutual interest, in particular in relation to the consolidation and further development of the European Research Area.

| 3. | The observer status granted in 1995 to the Commission at the EMBL Council is maintained (9). |
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The observer status granted in 1995 to the Commission at the EMBL Council is maintained (9).

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| 4. | The Commission will grant EMBL the right to propose candidates for membership of relevant expert and advisory bodies. These experts will be nominated by the Commission subject to its own rules and procedures. |
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4.

The Commission will grant EMBL the right to propose candidates for membership of relevant expert and advisory bodies. These experts will be nominated by the Commission subject to its own rules and procedures.

| 5. | The two Sides will establish contact points and mechanisms for communication to reach the aim foreseen by the present Memorandum of Understanding. |
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5.

The two Sides will establish contact points and mechanisms for communication to reach the aim foreseen by the present Memorandum of Understanding.

| 6. | The two Sides will meet when necessary and at least annually to take stock of progress and possibly discuss further ways to enhance mutual collaboration, including joint activities, or explore potential synergies. |
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6.

The two Sides will meet when necessary and at least annually to take stock of progress and possibly discuss further ways to enhance mutual collaboration, including joint activities, or explore potential synergies.

| 7. | The two Sides will agree on the questions related to the interpretation and implementation of the present Memorandum of Understanding. |
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7.

The two Sides will agree on the questions related to the interpretation and implementation of the present Memorandum of Understanding.

| 8. | The Administrative Arrangement of 18 January 1995 is replaced by the present Memorandum of Understanding. |
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8.

The Administrative Arrangement of 18 January 1995 is replaced by the present Memorandum of Understanding.

Done in duplicate at Heidelberg, 4 March 2011.

For the European Commission

Máire GEOGHEGAN-QUINN

Commissioner for Research, Innovation and Science

For the European Molecular Biology Laboratory (EMBL)

Iain W. MATTAJ

Director-General

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(1)  http://www.embl.de/aboutus/general_information/organisation/hostsite_agreement/un_agreement.pdf

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(2)  The Green Paper on the European Research Area refers to the Commission Green Paper ‘European Research Area: New Perspectives’, adopted on 4 April 2007 (COM(2007) 161 final).

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(3)  ‘A strategic European Framework for international science and technology cooperation’, 24 September 2008 (COM(2008) 588).

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(4)  Competitiveness Council Conclusions 16767/08 on ‘2020 Vision for the European Research Area’, 1-2 December 2008.

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(5)  ERA includes the EU and the countries associated to the Framework Programme for Research.

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(6)  Commission Communication COM(2010) 2020 of 3 March 2010 and European Council Conclusions from 17 June 2010 (http://ec.europa.eu/eu2020/pdf/115346.pdf).

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(7)  Commission Communication COM(2010) 245 of 19 May 2010.

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(8)  Commission Communication COM(2010) 546 of 6 October 2010.

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(9)  An observer status was granted to the Commission in the Administrative Arrangement signed on 18 January 1995.

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