Proposal for a COUNCIL DECISION concerning the conclusion of an Agreement aimed at renewing the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. By its Decision of 16 November 2000, the Council approved the conclusion of the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation (hereinafter "Russia") [1]. The Agreement entered into force on 10 May 2001.

[1] OJ No L 299, 28.11.2000, p.14.

Article 12(b) of the Agreement provides as follows: "This Agreement shall be concluded for an initial period ending on 31 December 2002 and will be renewable by common agreement between the parties for additional periods of five years".

2. It was confirmed at the EU-Russia Summit on 29 May 2002 that the current Agreement on cooperation in science and technology between the EC and Russia has laid solid foundations for long-term cooperation in this area. The Summit stressed the importance of the Action Plan drawn up, structuring the dialogue between the European Community and Russia in the field of science and technology. Implementing this Plan will contribute towards the creation of integrated scientific networks and the development of joint research projects and, consequently, will promote cooperation between the European Community and Russia in the context of the European Research Area.

3. By note verbale dated 19 September 2002, The Ministry of Foreign Affairs of the Russian Federation requested the renewal of the abovementioned Agreement for five more years. The Russian Government wants above all a rapid renewal, without changing the text of the current Agreement, so as to maintain continuity in the scientific and technological relations between Russia and the European Community. Rapid renewal would be in the interest of both parties.

4. Since the material content of the Agreement which recently expired would remain unchanged, following the normal procedures for negotiating this renewal (Article 300(1) of the EC Treaty) would serve no useful purpose. In addition, given the resulting advantages, for both parties, of rapid renewal, a one-step procedure is suggested (a single procedure and a single act concerning signature and conclusion).

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

- to approve, on behalf of the Community, after consulting the European Parliament, the conclusion of an Agreement aimed at renewing the Agreement on cooperation in science and technology between the European Community and Government of the Russian Federation;

- to authorise the President of the Council to designate the person empowered to sign the Agreement in order to express the consent of the Community to be bound thereby.

2003/0041 (CNS)

Proposal for a COUNCIL DECISION concerning the conclusion of an Agreement aimed at renewing the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission [2],

[2] OJ No C.

Having regard to the opinion of the European Parliament [3],

[3]

Whereas:

(1) By its Decision of 16 November 2000 [4], the Council approved the conclusion of the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation (hereinafter "Russia").;

[4] OJ No L 299, 28.11.2000, p.14.

(2) Article 12(b) of the Agreement provides as follows: "This Agreement shall be concluded for an initial period ending on 31 December 2002 and will be renewable by common agreement between the parties for additional periods of five years";

(3) By note verbale dated 19 September 2002, The Ministry of Foreign Affairs of the Russian Federation requested the renewal of the abovementioned Agreement for five more years; the Parties to the Agreement consider that rapid renewal of this Agreement would be in their mutual interest;

(4) The material content of the renewed Agreement will be identical to the material content of the Agreement which recently expired;

(5) The Agreement aimed at renewing the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation should be approved on behalf of the Community;

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement aimed at renewing the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation for an additional period of five years is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to express the consent of the Community to be bound thereby.

Done at Brussels,

For the Council

The President

AGREEMENT RENEWING THE AGREEMENT ON COOPERATION IN SCIENCE AND TECHNOLOGY BETWEEN THE EUROPEAN COMMUNITY AND THE GOVERNMENT OF THE RUSSIAN FEDERATION

THE EUROPEAN COMMUNITY (hereinafter "the Community"), of the one part,

And

THE GOVERNMENT OF THE RUSSIAN FEDERATION, of the other part,

hereinafter referred as the "Parties",

CONSIDERING the importance of science and technology for their economic and social development;

RECOGNISING that the Community and the Russian Federation are pursuing research and technological activities in a number of areas of common interest, and that participation in each other's research and development activities on a basis of reciprocity will provide mutual benefits;

HAVING REGARD to the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation, which was signed in Brussels on 16 November 2000 and expired on 31 December 2002;

DESIRING to pursue their cooperation in science and technology in the formal framework established by the Agreement,

HAVE AGREED AS FOLLOWS:

Article 1

The Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation, which was signed in Brussels on 16 November 2000 and expired on 31 December 2002, is hereby renewed for an additional period of five years.

Article 2

This Agreement shall enter into force on the date on which the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.

Article 3

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

For the European Community For the Government of the Russian Federation

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): RTD

Activit(y/ies):International scientific and technological cooperation

Title of action: Proposal for a Council Decision concerning the conclusion of an Agreement aimed at renewing the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation

1. BUDGET LINE(S) + HEADING(S)

1.1. Budget lines concerned

The costs incurred in monitoring and implementing the Agreement will be charged to the specific budget headings of the programmes within the Community's RTD Framework Programme (Chapter B6-6013).

2. OVERALL FIGURES

2.1. Method of calculating the total annual cost of the action (estimate)

a. Preparatory activities, review of the cooperation: meetings of the Joint Community-Russia Committee, exchange of information, visits of officials and experts to Russia 50 000 EUR

b. Scientific and technical workshops/meetings 60 000 EUR

TOTAL : 110 000 EUR/year

3. BUDGET CHARACTERISTICS

>TABLE>

4. LEGAL BASIS

- With legal basis. - [Multiannual programme - Co-decision (with principal financial reference)].

4.1. Titles and references

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

- Decision No 1513/2002/EC of the European Parliament and the Council of 27 June 2002 concerning the Sixth Framework Programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002-2006).

5. DESCRIPTION AND GROUNDS

5.1. Need for Community intervention

Community budget intervention is indispensable because the planned cooperation comes under the implementation of the Framework Programmes, including the budgetary section: participation by Russia in certain specific programmes and administrative expenditure on the European side (missions by Community officials, organisation of seminars in the Community and in Russia).

5.1.1. Objectives pursued

The essential objective is to stimulate RTD cooperation between the European Community and Russia in the areas covered by the Framework Programmes.

- The Agreement is designed to enable the Community and Russia to profit, on the basis of the principle of mutual benefit, from the scientific and technical progress achieved under their respective research programmes, by means of participation by the Russian scientific community and industrial sector in Community research projects and independent, non-subsidised participation by bodies established in the Community in Russian projects.

- The beneficiaries in the EC and Russia will be the scientific community, the private sector and the general public, thanks to the direct and indirect effects of cooperation.

5.1.2. Duration

The Agreement will be renewed for an additional period of five years and will be renewable by common agreement for further periods of five years.

5.2. Actions envisaged and budget intervention arrangements

5.2.1. Type of expenditure

100% grant (missions to Russia by Commission officials and experts; organisation of workshops, seminars and meetings in the European Community and in Russia).

6. FINANCIAL IMPACT

6.1. Administrative and technical operating expenditure included in Part B (for the whole programming period)

6.1.1. Expenditure on the management of the Decision (estimate)

Indicative breakdown, amounts (expressed in millions of euros)

>TABLE>

7. FOLLOW-UP AND EVALUATION

7.1. Follow-up arrangements

The activities in the context of the Cooperation Agreement will be regularly evaluated by the relevant Commission departments.

This evaluation will cover the following:

a. Collection of information: on the basis of data from the specific programmes of the Framework Programmes.

b. Overall evaluation: an evaluation of all the cooperation activities in the context of this Agreement will be made by the Commission's departments at the end of each year.

8. ANTI-FRAUD MEASURES

Numerous administrative and financial audits are provided for at each stage of the cooperation activities in the context of this Agreement. These include in particular:

- verification, at various levels, of the statements of expenditure before payment;

- audit by the internal audit service;

- audit by the Court of Auditors.