INTERNATIONAL AGREEMENT

between the European Union and the Republic of Turkey on the participation of the Republic of Turkey in the Union programme Horizon 2020 – the Framework Programme for Research and Innovation (2014-2020)

THE EUROPEAN COMMISSION, hereinafter referred to as ‘the Commission’, on behalf of the European Union,

of the one part, and

THE GOVERNMENT OF THE REPUBLIC OF TURKEY, hereinafter referred to as ‘Turkey’,

of the other part, hereinafter jointly referred to as ‘the Parties’,

WHEREAS:

(1) The Framework Agreement between the European Community and the Republic of Turkey on the General Principles for the participation of Turkey in Community Programmes was adopted on 26 February 2002 and entered into force on 5 September 2002 (hereinafter called ‘the Framework Agreement’) (1), leaving the Commission and the competent authorities of Turkey to determine by a Memorandum of Understanding (2) the specific terms and conditions, including the financial contribution, with regard to such participation in each particular programme.

(2) The new Union programme for research and innovation ‘Horizon 2020- Framework Programme for Research and Innovation’ (2014-2020) (hereinafter referred to as ‘the Programme’) was established by Regulation (EU) No 1291/2013 of the European Parliament and of the Council (3).

(3) Horizon 2020 aims at contributing to achieving the European Research Area and the Innovation Union.

(4) Pursuant to Article 7 of Regulation (EU) No 1291/2013, on association to Horizon 2020, the specific terms and conditions regarding the participation, including the financial contribution, which should be based on the gross domestic product of the associated country, shall be determined by an international agreement between the Union and the associated country,

HAVE AGREED AS FOLLOWS:

Article 1 Scope – The Programme 1. Turkey shall participate as associated country in ‘the Programme’, consisting of: Regulation (EU) No 1291/2013, establishing the Horizon 2020 Framework Programme for Research and Innovation (2014-2020); Regulation (EU) No 1290/2013 of the European Parliament and of the Council (4) laying down the rules for the participation and dissemination in ‘Horizon 2020 – the Framework Programme for Research and Innovation (2014-2020)’and repealing Regulation (EC) No 1906/2006 including delegated acts and any other subsequent rules; Council Decision 2013/743/EU (5) establishing the Specific Programme implementing Horizon 2020 and any other rule pertaining to the implementation of the Horizon 2020 programme. 2. Regulation (EC) No 294/2008 of the European Parliament and of the Council (6) as amended by Regulation (EU) No 1292/2013 (7) establishing the European Institute of Innovation and Technology shall also apply to participation of Turkish entities in the Knowledge and Innovation Communities.

Article 2 Terms and conditions of participation in the Programme 1. Turkey shall participate in the activities of the Programme in conformity with the objectives, criteria and procedures defined in the Programme and the terms and conditions specified in this Agreement and the annexes thereto. 2. Legal entities established in Turkey shall participate in indirect actions of the Programme under the same conditions as those applicable to legal entities of Member States of the European Union, subject to the terms and conditions established by, or referred to in this Agreement. 3. Legal entities established in Turkey shall participate in the activities of the Joint Research Centre under the same conditions as those applicable to legal entities of the Member States in the European Union. 4. Legal entities established in Turkey shall participate in the activities of the Knowledge and Innovation Communities. 5. In case the Union makes provisions for the implementation of Articles 185 and 187 of the Treaty on the Functioning of the European Union (TFEU), Turkey shall be allowed to participate in the legal structures created under these provisions, in conformity with the decisions and regulations that have been or will be adopted for the establishment of these legal structures. Legal entities established in Turkey shall participate in the indirect actions based on Articles 185 and 187 of the TFEU. 6. To participate in the Programme Turkey shall pay its financial contribution to the general budget of the European Union in accordance with Article 3 hereunder and Annex II. 7. Representatives of Turkey shall be allowed to participate, as observers, in the committees responsible for monitoring the implementation of the Programme for which Turkey contributes financially and for points which concern Turkey. These committees shall meet without the presence of the representatives of Turkey at the time of voting. Turkey will be informed of the result. Participation as referred to in this paragraph shall take the same form, including procedures for receipt of information and documentation, as that applicable to representatives from Member States of the European Union. 8. Representatives of Turkey shall participate in the Board of Governors of the Joint Research Centre according to the Rules of Procedure for the Board of Governors of the Joint Research Centre. Participation as referred to in this paragraph shall take the same form, including procedures for receipt of information and documentation, as that applicable to representatives from Member States of the European Union. 9. One of the official languages of the Union, in this case English, shall be used for the procedures related to requests, grant agreements and reports, as well as for other legal and administrative aspects of the Programme. 10. Travel costs and subsistence costs incurred by representatives and experts of Turkey for the purposes of taking part as observers in the work of the committee referred to in Article 10.1 of Decision 2013/743/EU establishing the Specific Programme implementing Horizon 2020, or other meetings related to the implementation of the Programme, shall be reimbursed by the Commission on the same basis as and in accordance with the procedures currently in force for representatives of the Member States of the European Union.

Article 3 Financial contribution 1. Turkey shall pay for each year of participation in the Programme a financial contribution to the general budget of the European Union. The financial contribution of Turkey shall be added to the amount earmarked each year in the general budget of the European Union to meet the financial obligations arising out of different forms of measures necessary for the implementation, management and operation of the Programme. 2. Part of the financial contribution of Turkey may be financed under the relevant Union external aid instruments, if Turkey so requests. 3. The rules governing the financial contribution of Turkey are set out in Annex II of this Agreement.

Article 4 Reporting and evaluation 1. Without prejudice to the responsibilities of the Commission and the Court of Auditors of the European Union in relation to the monitoring and the evaluation of the Programme, the participation of Turkey in the Programme shall be continuously monitored on a partnership basis involving the Commission and Turkey. 2. The rules concerning the financial control, recovery and other antifraud measures are laid down in Annex III of this Agreement. 3. Turkey shall also submit to the Commission relevant reports for the purpose of evaluating its participation in the Programme and the discussions in the Joint Committee to be established under this Agreement.

Article 5 EU-Turkey Research and Innovation Committee 1. A Committee shall be established under this Agreement to be called ‘EU – Turkey Research and Innovation Committee’ and hereafter referred to as the Joint Committee. 2. The functions of the Joint Committee shall include: — Ensure reviewing and evaluating implementation of this Agreement; — Examining any measure of a nature to improve and develop cooperation. 3. The Joint Committee shall meet at the request of either of the Parties. The Committee shall adopt its rules of procedure. 4. The Joint Committee shall be composed of the representatives of the European Union and Turkey.

Article 6 Entry into force Following its signature, this Agreement shall enter into force on the date when Turkey has notified the Commission, through diplomatic channels, that all its necessary internal conditions for entry into force of this Agreement have been fulfilled.

Article 7 Final provisions 1. This Agreement shall be provisionally applicable upon signature. It shall apply as from 1 January 2014 and for the entire duration of the Programme. 2. This Agreement can be terminated by either Party at any time during the duration of the Programme by a written notice informing of the intent to terminate participation in the Programme. Subject to the provisions hereunder, termination shall take effect three calendar months after the date at which the written notice reaches its addressee. The expiry and/or termination of this Agreement shall not affect: (a) any projects or activities in progress; (b) the implementation of any contractual arrangements applying to these projects and activities as set forth in subparagraph 2(a) above. In case of termination of this Agreement, the Union shall reimburse to Turkey the part of its contribution to the general budget of the European Union that will not be spent because of the termination. 3. The Annexes form an integral part of this Agreement. 4. This Agreement may only be amended in writing by common consent of the Parties. 5. Turkey’s association to the subsequent Union framework programme for research and innovation, if Turkey so requests, shall be the subject of a new Agreement to be agreed among the Parties.

Done in Istanbul on 4 June, in the year two thousand and fourteen, in two originals, in English and in Turkish language, each of these texts being equally authentic. For the Republic of Turkey, Ahmet YÜCEL Acting Undersecretary of Ministry for EU Affairs of the Republic of Turkey For the Commission, on behalf of the European Union Robert-Jan SMITS Director-General for Research and Innovation European Commission

(1) OJ L 61, 2.3.2002, p. 29.

(2) This International Agreement constitutes and has the same legal effects as a Memorandum of Understanding stated under the Framework Agreement on terms and conditions on participation in Community programmes.

(3) Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 – the Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013, p. 104).

(4) Regulation (EU) No 1290/2013 of the European Parliament and of the Council of 11 December 2013 laying down the rules for participation and dissemination in "Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020)" and repealing Regulation (EC) No 1906/2006 (OJ L 347, 20.12.2013, p. 81).

(5) Council Decision 2013/743/EU of 3 December 2013 establishing the specific programme implementing Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and repealing Decisions 2006/971/EC, 2006/972/EC, 2006/973/EC, 2006/974/EC and 2006/975/EC (OJ L 347, 20.12.2013, p. 965).

(6) Regulation (EC) No 294/2008 of the European Parliament and of the Council of 11 March 2008 establishing the European Institute of Innovation and Technology (OJ L 97, 9.4.2008, p. 1).

(7) Regulation (EU) No 1292/2013 of the European Parliament and of the Council of 11 December 2013 amending Regulation (EC) No 294/2008 establishing the European Institute of Innovation and Technology (OJ L 347, 20.12.2013, p. 174).