Proposal for a Council Decision concluding the Agreement amending the Agreement for Scientific and Technological Cooperation between the European Community and Canada (98/C 400/07) COM(1998) 664 final - 98/0316(CNS)

(Submitted by the Commission on 19 November 1998)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 130M, in conjunction with Article 228(2), first sentence, and the first subparagraph of Article 228(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas by its Decision of 26 February 1996 the Council approved the conclusion of the Agreement for Scientific and Technological Cooperation between the European Community and Canada,

Whereas by its Decision of 22 June 1998 the Council authorised the Commission to negotiate an amendment of the abovementioned Agreement only as far as the areas for cooperation, mentioned under Article 4 of the Agreement, are concerned, and this in accordance with the procedure foreseen under Article 12(b) of the Agreement,

Whereas the negotiations have resulted in the attached Agreement,

Whereas this Agreement should be signed and approved on behalf of the European Community,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement amending the Agreement for Scientific and Technological Cooperation between the European Community and Canada is hereby approved. The text of the Agreement is attached to this Decision.

Article 2

Pursuant to Article 12 of the Agreement for Scientific and Technological Cooperation between the European Community and Canada, the President of the Council shall give notification that the procedures for entry into force of the attached Agreement have been completed on the part of the European Community.

Agreement amending the Agreement for Scientific and Technological Cooperation between the European Community and Canada

THE COUNCIL OF THE EUROPEAN UNION on behalf of the European Community, of the on part, and

THE GOVERNMENT OF CANADA, of the other part,

Having regard to the Agreement for Scientific and Technological Cooperation between the European Community and Canada, entered into force on 27 February 1996;

Whereas both sides have expressed a desire to widen the scope of the Agreement and thereto amend the Agreement in accordance with Article 12(b) thereof;

Whereas negotiations of such an amendment were successfully concluded,

HAVE AGREED AS FOLLOWS:

Article 1

1. The text of Article 4 of the Agreement for Scientific and Technological Cooperation between the European Community and Canada is replaced by:

'Article 4

Areas of Cooperation

For the Community, these would include all research and technological development and demonstration activities covered by Articles 130G(a) (*) and 130G(d) (**) of the Treaty establishing the European Community, the latter only as far as networks between infrastructure operators and related research projects are concerned.

For Canada, these would include all non-defence science and technology activity funded or performed by departments or agencies of the Government of Canada. This cooperation may include science and technology activities funded or performed by the governments of the provinces or territories of Canada where the relevant provincial or territorial government concurs. Canada will notify the Community through diplomatic channels of the application of this agreement to those provinces or territories.

(*) Implementation of research, technological development and demonstration programs, by promoting cooperation with and between undertakings, research centres and universities.

(**) Stimulation of the training and mobility of researchers in the Community.`

2. In Article 6 of the Agreement, point (b)2 is deleted.

Article 2

This Agreement shall enter into force on the date on which the Parties have notified each other in writing that their legal requirements for entry into force of this Agreement have been fulfilled.

Article 3

This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of these texts being equally authentic.

IN WITNESS WHEREOF the undersigned have signed this Amendment.

Done at . . . on the . . .

For the European CommunityFor the Government of Canada