Proposal for a COUNCIL DECISION on the signing of the Agreement for scientific and technological cooperation between the European Community and the Republic of India

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. On 12 February 2001, the Council authorised the Commission to negotiate an Agreement for scientific and technological co-operation between the European Community and the Republic of India. The negotiations resulted in the attached draft Agreement and its annex on intellectual property treatment, initialled on 21 March 2001.

2. The draft Agreement, to be concluded for tacitly renewable five year periods, was negotiated against the background of an upgraded and intensifying co-operation between India and the European Union, considering the importance of science and technology for economic and social development and the mutual wish to extend and strengthen the conduct of co-operative activities in areas of common interest.

3. The draft Agreement is based on the principles of mutual benefit, reciprocal opportunities for access to each other's programmes and activities relevant to the purpose of the draft Agreement, non-discrimination, and the effective protection of intellectual property and equitable sharing of intellectual property rights.

Co-operation shall be conducted subject to applicable laws and regulations in force on each side.

4. The draft Agreement provides for :

- the participation of persons and legal entities, including the Parties themselves, universities, research institutions, and other bodies or undertakings, in each other's research projects;

- pooling of RTD projects already implemented according to the procedures applicable in the RTD programmes of each Party;

- exchange and sharing of equipment and materials;

- exchange and provision of information and data;

- visits and exchanges of scientists, engineers or other appropriate personnel for the purposes of participating in meetings, seminars, symposia, workshops and other research activities relevant to co-operation under this Agreement;

- exchange of information on practices, laws, regulations and programmes relevant to co-operation under the Agreement;

- such other activities as may be mutually determined by the Steering Committee in accordance with the applicable policies and programmes of the Parties;

- the endorsement by the Parties of Technology Management Plans as a condition for research projects to proceed, as described in the Annex to the draft Agreement;

- co-operation activities to be subject to the availability of funds and to the applicable laws and regulations, policies and programmes of India and the Community; no transfer of funds will take place.

5. As far as the Annex on the dissemination and utilisation of information and management, allocation and exercise of intellectual property rights is concerned, both sides have agreed that the allocation of intellectual property rights shall be in accordance with the applicable laws and regulations on each side.

The principle of non-discrimination agreed under Article 3 should protect Community participants in Indian programmes and activities against any discriminatory treatment, also in respect of the dissemination and utilisation of results, including intellectual property rights. The Steering Committee shall, inter alia, review the efficient and effective functioning of the Agreement, including the non-discriminatory treatment of participants.

6. In the light of the above-mentioned considerations, the Commission proposes that the Council :

- decide that the Agreement be signed on behalf of the Community and authorise the President of the Council to appoint the persons duly empowered to sign on behalf of the Community;

- approve, after consultation of the European Parliament, the attached Agreement for scientific and technological co-operation between the European Community and the Republic of India;

- give notification to the Indian authorities that the procedures necessary for the entry into force of the Agreement have been completed on the part of the European Community.

Proposal for a COUNCIL DECISION on the signing of the Agreement for scientific and technological cooperation between the European Community and the Republic of India

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 170, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C ....

WHEREAS:

(1) A Co-operation Agreement between the European Economic Community and the Republic of India on Partnership and Development was signed on 20 December 1993 [2].

[2] OJ L 223, 27.8.1994, p. 23.

(2) The European Community and the Republic of India are pursuing specific RTD programmes in areas of common interest.

(3) On the basis of past experience, both sides have expressed a desire to establish a deeper and broader framework for the conduct of collaboration in science and technology.

(4) This co-operation agreement in the field of science and technology forms part of the global co-operation between the European Community and the Republic of India.

(5) By its Decision of 12 February 2001, the Council authorised the Commission to negotiate an agreement for scientific and technological co-operation between the European Community and the Republic of India.

(6) Subject to its possible conclusion at a later date, the Agreement initialled on 21 March 2001 should be signed,

HAS DECIDED AS FOLLOWS:

Sole Article

Subject to a possible conclusion at a later date, the President of the Council is hereby authorised to designate the person empowered to sign, on behalf of the European Community, the Agreement for scientific and technological co-operation between the European Community and the Republic of India

Done at Brussels,

For the Council

The President