# EUR-Lex - 52011PC0395 - EN

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# 52011PC0395

**Proposal for a COUNCIL DECISION on the conclusion of the Agreement between the European Union, on the one hand, and the People's Democratic Republic of Algeria, on the other, on cooperation in science and technology /* COM/2011/0395 final - 2011/0175 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The Euro-Mediterranean Agreement
establishing an association (hereinafter referred to as ‘the association
agreement’) between the European Community and its Member States, on the one
hand, and the People's Democratic Republic of Algeria (hereinafter referred to
as ‘Algeria’), on the other, was signed on 22 April 2002. Article 50(d) of the
Agreement identifies cooperation in scientific and technological research as an
area of particular interest and potential, while Article 51(a), in particular,
provides for the establishment of permanent links between the two parties’
scientific communities.

The European Neighbourhood Policy, to which
Algeria is not party but which provides a framework for relations between the
European Union and its neighbours, establishes a new framework for implementing
the association agreement. Commission Communication COM(2004) 373 final of 12
May 2004 defines scientific and technological cooperation and R&D as one of
the priorities of our relations with the Mediterranean countries. In line with
the European Neighbourhood Policy, a strategy document for 2007-13 describes
scientific research as an essential element that contributes to building a
knowledge society and to reducing unemployment as the economy becomes more
open.

In a letter of 30 May 2006 the Algerian
authorities expressed their interest in launching negotiations with a view to
concluding an agreement between the EC and Algeria on cooperation in science
and technology. In a letter of 8 January 2007 the Commission accepted to make
an exploratory and evaluation visit to Algeria to prepare for the negotiations.
Exploratory talks took place in 2008. Upon a proposal of the Commission, the
Council authorised the Commission on 16 November 2009 to negotiate on behalf of
the European Union an agreement on cooperation in science and technology with
the People's Democratic Republic of Algeria and issued the relevant negotiating
directives. The
negotiations resulted in the attached draft agreement text initialled on 14
October 2010.

Concluding an agreement in the field of
science and technology would serve the mutual interests of the European Union
and Algeria, as it would enable continuing and strengthening cooperation with
that country. Such cooperation would promote the development and
competitiveness of Algeria and the entire region and would create closer ties
between the two parties, to the benefit of the European Union. A science and
technology cooperation agreement would be the most appropriate tool for
reinforcing Algeria's cooperation with and participation in the framework
programme and for intensifying dialogue related to science and technology.

In light of the above considerations, the
Commission invites the Council:

–
to adopt the conclusion of the Agreement between
the European Union, on the one hand, and the People's Democratic Republic of
Algeria, on the other, on cooperation in science and technology;

–
to notify the Algerian authorities that the
European Union has completed the procedures necessary for the entry into force
of the Agreement.

2.           LEGAL ELEMENTS OF THE PROPOSAL

Article 186 in conjunction with Article
218(6) of the Treaty on the Functioning of the European Union.

2011/0175 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion of the Agreement between
the European Union, on the one hand, and the People's Democratic Republic of
Algeria, on the other, on cooperation in science and technology

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning
of the European Union, and in particular Article 186 in conjunction with
Article 218(6) and (7) thereof,

Having regard to the proposal from the
European Commission,

Having regard to the consent of the
European Parliament[1],

Whereas:

(1)
on 16 November 2009 the Council authorised the
Commission to negotiate, on behalf of the European Union, an agreement on
cooperation in science and technology with the People's Democratic Republic of
Algeria. The negotiations resulted in an agreement initialled on 14 October
2010.

(2)
this Agreement was signed by the representatives
of the parties on ............, subject to its conclusion at a later date, and
provisionally applied upon its signature, pursuant to Article 218(5) of the
Treaty on the Functioning of the European Union.

(3)
The Agreement should be concluded on behalf of
the European Union,

HAS ADOPTED THIS DECISION:

Article 1

1.           The Agreement between the
European Union, on the one hand, and the People's Democratic Republic of
Algeria, on the other, on cooperation in science and technology is concluded on
behalf of the European Union.

2.           The text of the Agreement
is attached to this Decision.

Article 2

The President of the Council, on behalf of
the European Union, shall make the notification provided for in
Article 7(2) of the Agreement.

Article 3

The Commission shall adopt the position of
the European Union to be taken in the Joint Committee established by Article
4(2) of the Agreement with regard to technical amendments to the Agreement in
accordance with Article 4(2)(a) of the Agreement.

Article 4

This Decision shall enter into force on the
date of its adoption. It shall be published in the Official Journal of the
European Union.

Done at

For
the Council

The
President

ANNEX

AGREEMENT

between
the European Union and the People’s Democratic Republic of Algeria on
scientific and technological cooperation

the European Union

(hereinafter referred to as
‘the Union’)

of the one part,

AND

the People’s Democratic Republic of Algeria

(hereinafter referred to as
‘Algeria’)

of the other part,

hereinafter referred to as ‘the Parties’,

HAVING REGARD TO the importance of science
and technology for the economic and social development of the two Parties and
the reference made in Article 51 of the Euro‑Mediterranean Agreement
establishing an association between the European Community and its Member
States, on the one hand, and the People’s Democratic Republic of Algeria, on
the other hand, which came into force on 1 September 2005;

HAVING REGARD to the European Neighbourhood
Policy and the European Union’s strategy for strengthening its relations with
neighbouring countries;

WHEREAS the Union and Algeria have
undertaken joint research, technological development and demonstration
activities, in various fields of common interest, and it would be to their
mutual advantage for each to take part in the other party’s research and
development activities, on a reciprocal basis;

WISHING to establish a formal framework for
cooperation in scientific and technological research which would make it possible
to extend and intensify cooperative efforts in the fields of common interest
and to encourage the use of the results of this cooperation to further the
Parties’ mutual economic and social interests;

WISHING to open the European Research Area
to non-member countries and in particular to the Mediterranean partner
countries;

Have agreed as follows:

Article
1

Scope
and principles

1.         The Parties shall encourage,
develop and facilitate cooperation activities between the Union and Algeria in
fields of common interest where they are pursuing research and development
activities in science and technology.

2.         Cooperation activities shall be
conducted on the basis of the following principles:

(a)        promotion of a knowledge‑based
society to foster the social and economic development of both Parties;

(b)        mutual benefit based on an
overall balance of advantages;

(c)        reciprocal access to the
activities of research programmes and technological developments undertaken by
each Party;

(d)        timely exchange of information
which may facilitate cooperative activities;

(e)        appropriate exchange and
protection of intellectual property rights;

(f)         participation and funding in
compliance with the relevant laws and regulations of the Parties.

Article
2

Means
of cooperation

1.         Legal entities established in
Algeria, as defined in Annex I, including either physical persons or private or
public legal persons, shall participate in indirect cooperation activities of
the European Union’s Framework Programme for research and technological development
and demonstration activities (hereinafter referred to as the ‘Framework Programme’),
in accordance with the terms and conditions established by or referred to in
Annexes I and II.

Legal entities established in the Member
States of the Union, as defined in Annex I, shall participate in Algeria’s
research programmes and projects in thematic areas equivalent to those of the
Framework programme under the same terms and conditions established by, or
referred to in Annexes I and II.

2.         Cooperation may also take the
following forms:

(a)        regular discussions on the
guidelines and priorities for research policies and planning in Algeria and the
Union;

(b)        discussions on cooperation,
developments and future prospects;

(c)        the timely provision of
information concerning the implementation of programmes and research projects
of Algeria and of the Union, and concerning the results of work undertaken
within the framework of this Agreement;

(d)        joint meetings;

(e)        visits and exchanges of research
workers, engineers and technicians, including for training purposes;

(f)         exchanges and sharing of
equipment, materials and testing services;

(g)        contacts between programme or
project managers of Algeria and the Union;

(h)        participation of experts in
seminars, symposia and workshops;

(i)         exchanges of information on
practices, laws, regulations, and programmes relevant to cooperation under this
Agreement;

(j)         research and technological
development training;

(k)        reciprocal access to scientific
and technologic information in the framework of this cooperation;

(l)         any other means to be adopted
by the European Union‑Algeria Joint Scientific and Technological
Cooperation Committee, as defined in Article 4, and deemed in conformity with
the policies and procedures applicable in both Parties;

(m)       supporting the optimum
exploitation of the results of research and development by innovating companies
in order to promote the spread of new knowledge and innovation;

(n)        assisting the management of
scientific research and supporting the setting up of an information system on
research;

(o)        examining the possibility of
cooperation in setting up incubators and nurseries and the start‑up and
creation of research centres, including by means of European programmes other
than the Framework Programme;

(p)        promoting cooperation by means
of research and development projects;

(q)        access to research
infrastructures;

(r)        possibility of co-financing and
coordinating research activities.

Article
3

Enhancement
of cooperation

The Parties shall make every effort, within
the framework of their applicable legislation, to facilitate the free movement
and residence of research workers participating in the activities covered by
this Agreement and to facilitate cross-border movement of goods intended for
use in such activities.

Article
4

Management
of the Agreement

European
Union-Algeria Joint Scientific and Technological Cooperation Committee

1.         The coordination and
facilitation of activities under this Agreement shall be performed on behalf of
Algeria, by the Ministry of Higher Education and Scientific Research and, on
behalf of the Union, by the European Commission, acting as executive agents of
the Parties (hereinafter referred to as ‘executive agents’).

2.         The executive agents shall
establish a joint committee called the ‘European Union‑Algeria Joint
Scientific and Technological Cooperation Committee’ (hereinafter ‘the Joint
Committee’), whose functions shall include:

(a)        ensuring, evaluating and
reviewing the implementation of this Agreement, as well as modifying its Annexes
or adopting new ones to take account of developments in the Parties’ scientific
policies, subject to the fulfilment by each of the Parties of its internal
procedures for that purpose;

(b)        identifying, on an annual basis,
potential sectors where cooperation should be developed and improved and
examine any measure which could be taken to that end;

(c)        regularly examining the future
orientations and priorities of research policies and research planning in
Algeria and the Union and the prospects for future cooperation within the
framework of this Agreement;

(d)        making recommendations to the
Parties with regard to the implementation of this Agreement, including the
identification and recommendation of additions to the activities referred to in
Article 2(2) and specific measures to improve the mutual access provided for
under Article 1(2);

(e)        making, subject to each Party’s
domestic approval processes, technical amendments to this Agreement as may be
required.

3.         The Joint Committee, which shall
be formed of representatives of the Executive Agents, shall adopt its rules of
procedure.

4.         The Joint Committee shall
normally meet once a year, with the location of that meeting alternating
between the EU and Algeria. Extraordinary meetings shall be held whenever necessary
and agreed between the Parties. The conclusions and recommendations of the
Joint Committee shall be sent for information to the Association Committee of
the Euro-Mediterranean Agreement between the European Union and the People’s
Democratic Republic of Algeria.

Article
5

Financing

The level of participation in research
activities under this Agreement is set according to the conditions defined in
Annex I and is subject to the legislation, regulations, policies and conditions
of implementation of the programmes in force in the territory of each Party.

When one Party grants financial support to participants
of the other Party in connection with indirect cooperative activities, any
grants and financial or other contributions made by the funding Party to participants
of the other Party in support of those activities shall be granted tax and
customs duty exemption in accordance with the relevant laws and regulations in
force in the territory of each Party at the time such grants and financial or
other contributions are made.

Article
6

Dissemination
and use of the results and information

The dissemination and the use of the
results and information obtained and/or exchanged and the management,
allocation and exercise of intellectual property rights resulting from the
research activities undertaken under this Agreement shall be subject to the
conditions provided for in Annex II.

Article
7

Final
provisions

1.         Annexes I and II shall form an
integral part of this Agreement. Any questions or disputes relating to the
interpretation or implementation of this Agreement shall be settled by mutual
agreement of the Parties.

2.         This Agreement shall enter into
force once the Parties have notified each other of the completion of their
internal procedures for its conclusion. Pending the completion of these
procedures by the Parties, the Parties shall provisionally apply this Agreement
upon its signature. Should a Party notify the other that it will not conclude
the Agreement, the projects and activities commenced during the period of
provisional application and which are still ongoing at the time of the
aforementioned notification shall continue until their completion under the
conditions laid down in this Agreement.

3.         Either of the Parties may
terminate this Agreement at any time by giving six months’ notice. Projects and
activities in progress at the time of termination of the Agreement shall
continue until their completion under the conditions laid down therein.

4.         This Agreement shall remain in
force after the initial period until such time as either Party gives notice in
writing to the other Party of its intention to terminate it. In this event, the
Agreement shall cease to have effect six months after the receipt of such
notification.

5.         If one of the Parties decides to
modify its research programmes or projects referred to in Article 1(1), the
executive agent of that Party shall notify the executive agent of the other
Party of the precise content of the amendments in question. By way of derogation
from paragraph 3 of this Article, this Agreement may be terminated under
mutually agreed conditions should either of the Parties notify the other within
one month after the adoption of the amendments referred to in this paragraph of
its intention to terminate this Agreement.

6.         This Agreement shall apply, on
the one hand, to the territories in which the Treaty on European Union and the
Treaty on the Functioning of the European Union apply and under the conditions
laid down in these Treaties, and, on the other hand, to the territory of the
People’s Democratic Republic of Algeria. This shall not prevent the conduct of
cooperative activities on the high seas, in space, or the territory of third
countries, in accordance with international law.

IN WITNESS WHEREOF, the undersigned, being
duly authorised to that end by the European Union and the People’s Democratic
Republic of Algeria respectively, have signed this agreement.

DONE in duplicate at....., this ... day of .....,
in the Bulgarian, Spanish, Czech, Danish, German, Estonian, Greek, English,
French, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish,
Portuguese, Romanian, Slovak, Slovenian, Finnish, Swedish and Arabic languages,
each text being equally authentic.

FOR THE EUROPEAN UNION || || FOR THE PEOPLE’S DEMOCRATIC REPUBLIC OF ALGERIA

ANNEX
I

Terms
and conditions for the participation of legal entities established in Member
States of the European Union and in Algeria

For the purpose of this Agreement, a ‘legal
entity’ means any natural person, or any legal person created under the
national law of its place of establishment or under European Union law or
international law, having legal personality and being entitled to have rights
and obligations of any kind in its own name.

I. Terms and conditions for the
participation of legal entities established in Algeria in indirect actions of
the Framework Programme

1.         The participation of legal
entities established in Algeria in indirect actions of the Framework Programme
shall follow the conditions laid down by the European Parliament and the
Council according to Article 183 of the Treaty on the Functioning of the
European Union.

2.         The Union may grant funding to
legal entities established in Algeria participating in the indirect actions
referred to in paragraph 1 in accordance with the terms and conditions laid
down by the decision(s) taken by the European Parliament and the Council in
accordance with Article 183 of the Treaty on the Functioning of the
European Union, the European Community’s Financial Regulation and other
applicable EU legislation.

3.         Provision must be made for the
performance of controls and audits carried out by, or under the authority of,
the European Commission and the European Court of Auditors in either a grant
agreement or contract entered into by the Union with a legal entity established
in Algeria in order to conduct indirect action or in the grant decision issued
by the Union.

In the spirit of cooperation
and mutual interest, the relevant Algerian authorities shall provide any
reasonable and feasible assistance as may be necessary or helpful in order to
perform such controls and audits and recovery measures.

II. Terms and conditions for the
participation of legal entities established in Member States of the Union in
Algerian research programmes and projects

1.         Any legal entity established in
the Union, created under the national law of one of the Member States of the
European Union or under EU law, may participate in Algerian research and
development programmes and projects jointly with Algerian legal entities.

2.         The rights and obligations of
legal entities established in the Union participating in Algerian research
projects in the context of research and development programmes, as well as the
terms and conditions applicable for the submission and evaluation of proposals
and for the granting and conclusion of contracts in such projects shall be
subject to Algerian laws, regulations and government directives governing the
implementation of research and development programmes, as applicable to
Algerian legal entities and ensuring equal treatment, taking into account the
nature of the cooperation between Algeria and the Union in this area.

The financing of legal entities
established in the Union participating in Algerian projects as part of research
and development programmes shall be subject to Algerian laws, regulations and
government directives governing the operation of these programmes, as
applicable to non‑Algerian legal entities.

III. Information on participation
opportunities

Algeria and the European Commission shall
regularly make available information on current programmes and participation
opportunities for the benefit of legal entities established in the two Parties.

ANNEX
II

Principles
governing the allocation of intellectual property rights

I.          Request

For the purposes of this Agreement,
‘intellectual property’ shall have the meaning given in Article 2 of the
Convention establishing the World Intellectual Property Organisation, signed at
Stockholm on 14 July 1967.

For the purposes of this Agreement, ‘knowledge’
shall mean the results, including information, irrespective of whether or not
it can be protected, as well as copyrights or rights pertaining to such
information, resulting from applications for, or the issue of, patents,
designs, plant varieties, supplementary protection certificates or similar
forms of protection.

II.        Intellectual property
rights of legal entities of the Parties participating in indirect cooperation
activities

1.         Each Party shall ensure that its
treatment of the intellectual property rights and obligations of legal entities
established in the other Party’s territories participating in indirect
cooperation activities carried out pursuant to this Agreement, and the related
rights and obligations arising from such participation, is consistent with the
relevant laws and regulations and international conventions that are applicable
to the Parties, including the Agreement on Trade-Related Aspects of
Intellectual Property Rights, Annex 1C to the Marrakech Agreement Establishing
the World Trade Organisation as well as the Paris Act of 24 July 1971 of the
Berne Convention for the Protection of Literary and Artistic Works and the
Stockholm Act of 14 July 1967 of the Paris Convention for the Protection of
Industrial Property.

2.         Each Party shall ensure that the
participants in indirect cooperation activities of the other Party have the
same treatment with regard to intellectual property as is accorded to the participants
of the first Party under the rules of participation of each research programme
or project, or its applicable laws and regulations.

III. Intellectual property rights of
the Parties

1.         Unless otherwise specifically
agreed by the Parties, the following rules shall apply to knowledge generated
by the Parties in the course of activities carried out in accordance with
Article 2 of this Agreement:

(a)        The Party generating such
knowledge shall be the owner of that knowledge. Where their respective share of
the work cannot be ascertained, the Parties shall have joint ownership of such
knowledge;

(b)        The Party owning that knowledge
shall grant access rights to it to the other Party for carrying out activities
referred to in Article 2 of this Agreement. Such access rights shall be granted
on a royalty-free basis.

2.         Unless otherwise agreed between
the Parties, the following rules shall apply to scientific literature from the
Parties:

(a)        Where a Party publishes data,
information and technical or scientific results arising from the activities
undertaken under this Agreement in journals, articles, reports and books,
including audiovisual works and software, a worldwide, non-exclusive,
irrevocable royalty‑free licence to translate, reproduce, adapt, transmit
and publicly distribute the works in question shall be granted to the other
Party;

(b)        All copies of data and
information, protected by copyright, which have to be publicly distributed and
prepared under this section shall indicate the name(s) of the author(s) of the
work unless an author explicitly declines to be named. Each copy shall also
bear a clearly visible acknowledgement of the cooperative support of the
Parties.

3.         Unless otherwise specifically
agreed by the Parties, the following rules shall apply to confidential
information of the Parties:

(a)        When communicating to the other
Party information relating to activities carried out pursuant to this
Agreement, each Party shall identify the information it wishes to remain
undisclosed through confidentiality insignias or legends;

(b)        The receiving Party may under
its own responsibility communicate undisclosed information to bodies or persons
under its authority for the specific purposes of implementing this Agreement;

(c)        With the prior written consent
of the Party providing undisclosed information, the receiving Party may
disseminate such undisclosed information more widely than otherwise permitted
in paragraph (b). The Parties shall cooperate in developing procedures for
requesting and obtaining prior written consent for such wider dissemination,
and each Party shall provide such approval to the extent permitted by its
domestic policies, regulations and laws;

(d)        Non-documentary undisclosable or
other confidential information provided in seminars and other meetings between
representatives of the Parties arranged under this Agreement, or information
arising from the secondment of staff, use of facilities or indirect cooperation
activities, shall remain confidential when the recipient of such undisclosable
or other confidential or privileged information was made aware of the
confidential character of the information communicated prior to such
communication being made, pursuant to paragraph (a);

(e)        Each Party shall endeavour to
ensure that the undisclosed information received by it under paragraphs (a) and
(d) is protected as provided herein. If one of the Parties becomes aware that
it will be, or may become, unable to comply with the non-dissemination
provisions laid down in paragraphs (a) and (d), it shall immediately inform the
other Party thereof. The Parties shall thereafter consult to define an
appropriate course of action.

[1]               OJ C [...] [...], p. [...]