EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, 29.10.2014  
COM(2014) 677 final 
2014/0293 (NLE) 
  
Proposal for a 
COUNCIL DECISION 
concerning the renewal of the Agreement for scientific and technological cooperation 
between the European Community and the Government of the Republic of India 
 
EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL 
The Agreement on scientific and technolog ical cooperation between the European 
Community and the Government of the Republ ic of India was signe d in New Delhi on 23 
November 2001. Article 11(b) of the Agreement provides as fo llows: "This Agreement shall 
be concluded for an initial pe riod of five years and may be renewed by mutual agreement 
between the Parties after evaluation during th e last year of each successive period".  
By its Decision 2009/501/EC of 19 January 200 9, the Council approved the renewal of the 
Agreement for a further period of five years, until 17 May 2015.  
Renewal of the Agreement for five more years woul d be in the interest of both Parties so as to 
maintain continuity in the scientific and technological relations between India and the 
European Union. 
2. RESULTS  OF CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  
IMPACT  ASSESSMENTS 
At the meeting of the Steering Committee, set up under Article 6(b) of the Agreement, held in 
Brussels on 9 October 2013, both Parties agreed that the Agreement should be renewed for a 
further period of five years.  
3. LEGAL  ELEMENTS  OF THE  PROPOSAL 
The material content of the renewed Agreement will be identical to that of the current 
Agreement, which expires on 17 May 2015. 
4. BUDGETARY  IMPLICATION   
The Legislative Financial Statement presented with this decision sets out the 
indicative budgetary  implications.  
In the light of the above considera tions, the Commission requests the Council: 
– To approve, on behalf of the Union, and following the consent of the European 
Parliament, the renewal of the Agreem ent for scientific  and technological 
cooperation between the European Community  and the Government of the Republic 
of India for an additional period of five years; 
– To authorise the President of the Council to designate the person(s) empowered to 
notify the Government of the Republic of  India that the Union has completed its 
internal procedures necessary  for the entry into force of the renewed Agreement. 
EN 3   EN 2014/0293 (NLE) 
Proposal for a 
COUNCIL DECISION 
concerning the renewal of the Agreement for scientific and technological cooperation 
between the European Community and the Government of the Republic of India 
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 point (v) of Article 218(6) (a) thereof, 
Having regard to the proposal from the European Commission, 
Having regard to the consent of the European Parliament, Whereas: (1) By its Decision 2002/648/EC
1, the Council approved the conclusion of the Agreement 
for scientific and technologi cal cooperation between the Eu ropean Community and the 
Government of the Republic of India2('the Agreement').  
(2) Point (b) of Article 11 of the Agreem ent provided that the Agreement would be 
concluded for a period of five years and would be renewable by mutual agreement 
between the Parties. 
(3) Based on the Council Decision 2009/501/EC3, the Agreement was renewed for a 
further period of five years and is due to expire on 17 May 2015.  
(4) The Parties to the Agreement consider th at rapid renewal of the Agreement would be 
in their mutual interest. 
(5) The content of the renewed Agreement s hould be identical to the content of the 
Agreement. 
(6) As a consequence of the entry into for ce of the Treaty of Lisbon on 1 December 2009, 
the European Union has replaced and succeeded the European Community. 
(7) The renewal of the Agreement should be approved on behalf of the Union. 
                                                 
1 Council Decision of 25 June 2002 concerning the conclusion of the Agreement for scientific and 
technological cooperation between the European Community and the Government of the Republic of India (OJ L213, 9.08.2002, p. 29). 
2 Agreement for scientific and technological cooperation between the European Community and the 
Government of the Republic of India (OJ L213, 9.08.2002, p.30). 
3 Council Decision of 19 January 2009 concerning the renewal of the Agreement for scientific and 
technological cooperation between the European Community and the Government of the Republic of 
India (OJ L171, 1.07.2009, p.17). 
EN 4   EN HAS ADOPTED THIS DECISION:  
Article 1 
The renewal of the Agreement for scientific  and technological coop eration between the 
European Community and the Government of th e Republic of India for an additional period 
of five years, is hereby a pproved on behalf of the Union. 
EN 5   EN Article 2 
The President of the Council is hereby author ised to designate th e person(s) empowered, 
acting on behalf of the Union and in accordance w ith point (a) of Article 11 of the Agreement, 
to notify the Government of the Republic of India that the Union has completed its internal 
procedures necessary for the entry into for ce of this renewed Agreement and make the 
following notification to the Government of the Republic of India: 
'As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the 
European Union has replaced and succeeded the European Community and from that date 
exercises all rights and assumes all obligatio ns of the European Community. Therefore, 
references to "the European Community" in the text of the Agreement are, where appropriate, to be read as "the European Union".'  
Article 3 
This Decision shall enter into force on the da te of its adoption. This Decision shall be 
published in the Official Jour nal of the European Union. 
Done at Brussels, 
 For the Council 
 The President 
EN 6   EN LEGISLATIVE FINANCIAL STATEMENT  
1. FRAMEWORK  OF THE  PROPOSAL/INITIATIVE   
 1.1. Title of the proposal/initiative  
 1.2. Policy area(s) concerned in the ABM/ABB structure  1.3. Nature of the proposal/initiative  
 1.4. Objective(s)   1.5. Grounds for the proposal/initiative   1.6. Duration and financial impact   1.7. Management mode(s) planned  
2. MANAGEMENT
 MEASURES 
 2.1. Monitoring and reporting rules  
 2.2. Management and control system   2.3. Measures to prevent fraud and irregularities  
3. ESTIMATED
 FINANCIAL  IMPACT  OF THE  PROPOSAL/INITIATIVE   
 3.1. Heading(s) of the multiannual fina ncial framework and expenditure budget 
line(s) affected  
 3.2. Estimated impact on expenditure   
 3.2.1. Summary of estimated impact on expenditure  
 3.2.2. Estimated impact on ope rational appropriations  
 3.2.3. Estimated impact on appropriati ons of an administrative nature 
 3.2.4. Compatibility with the current  multiannual financial framework 
 3.2.5. Third-party contributions  
 3.3. Estimated impact on revenue 
EN 7   EN LEGISLATIVE FINANCIAL STATEMENT  
1. FRAMEWORK  OF THE  PROPOSAL/INITIATIVE   
1.1. Title of the proposal/initiative  
Proposal for a Council Decision concerni ng the renewal of the Agreement for 
scientific and technological cooperation be tween the European Community and the 
Government of the Republic of India. 
1.2. Policy area(s) concerned in the ABM/ABB structure4  
Policy strategy and coordination of, in par ticular, the Directorates-General RTD, 
AGRI, JRC, CNECT, EAC, ENER, ENTR and MOVE. 
1.3. Nature of the proposal/initiative  
 The proposal/initiative relates to a new action  
 The proposal/initiative relates to a new action following a pilot project/preparatory 
action5  
; The proposal/initiative relates to the extension of an existing action   
 The proposal/initiative relates to an action redirected towards a new action   
1.4. Objective(s) 
1.4.1. The Commission's multiannual strategi c objective(s) targeted by the 
proposal/initiative   
The present initiative will allow both Pa rties to improve and intensify their 
cooperation in science and technolo gy in areas of common interest. 
1.4.2. Specific objective(s) and ABM /ABB activity(ies) concerned  
Specific objective No  
It will allow a further exch ange of specific knowledge and a transfer of know-how to 
the benefit of the scientific comm unities, industry and the citizens. 
ABM/ABB activity(ies) concerned  
1.4.3. Expected result(s) and impact 
Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 
This decision will allow the EU and India to derive mutual benefit from the scientific 
and technical progress achieved through rese arch cooperation in  their respective 
specific research programmes and facil itate further incr eased cooperation. 
1.4.4. Indicators of results and impact  
Specify the indicators for monitoring implementation of the proposal/initiative. 
The Commission services will  regularly monitor all act ions carried out under the 
Agreement, which will include a review by the EU. The review will consist of the 
following elements: 
                                                 
4 ABM: activity-based management; ABB: activity-based budgeting. 
5 As referred to in Article 54(2)(a) or (b) of the Financial Regulation. 
EN 8   EN (a) Performance indicators – number of proposals put forwar d by India for the 
specific programme compared with number  of proposals selected for funding under 
the programme.  
(b) Data collection – based on informati on from the specific programme of the 
Framework Programme and information provided by India to the Steering 
Committee, established under Arti cle 6(b) of the Agreement. 
1.5. Grounds for the proposal/initiative  
1.5.1. Requirement(s) to be met in the short or long term   
This decision will allow both parties to continue to improve and intensify their 
cooperation in mutually beneficial  areas of science and technology. 
1.5.2. Added value of EU involvement 
The Agreement is based on the principles of  mutual benefit, reciprocal access to 
programmes and activities of the other Part y, in connection with the subject of the 
Agreement, non-discrimination, effective protection of intell ectual property and 
equitable sharing of IPR and effective expl oitation of results. The renewal of this 
Agreement will allow for increased scien tific knowledge leading to market access 
opportunities. 
1.5.3. Lessons learned from sim ilar experiences in the past 
Based on experience thus far in the S&T cooperation it is considered mutually 
beneficial to continue this cooperation with India by renewing the Agreement for a 
further period of five years. 
1.5.4. Compatibility and possible synergy w ith other appropriate instruments 
The renewal of the Agreement with India is  fully coherent with  the opening up of 
participation in the EU Framew ork Programmes to the world.  
1.6. Duration and financial impact  
; Proposal/initiative of limited duration  
– ; Proposal/initiative in effect from 17/05/2015 to 17/05/2020  
– ; Financial impact from 2015 to 2020  
 Proposal/initiative of unlimited duration  
– Implementation with a start-up period from YYYY to YYYY, 
– followed by full-scale operation. 
1.7. Management mode(s) planned6  
; Direct management  by the Commission 
– ; by its departments, including by its staff in the Union delegations;  
– ; by the  executive agencies  
 Shared management  with the Member States 
 Indirect management  by entrusting budget implementation tasks to: 
                                                 
6 Details of management modes and references to the Financial Regulation may be found on the 
BudgWeb site: http://www.cc.cec/budg/man/b udgmanag/budgmanag_en.html  
EN 9   EN –  third countries or the bodi es they have designated; 
–  international organisations and th eir agencies (to be specified);  
–  the EIB and the European Investment Fund;  
–  bodies referred to in Articles 208 and 209 of the Financial Regulation; 
–  public law bodies; 
–  bodies governed by private law with a public  service mission to the extent that 
they provide adequate financial guarantees; 
–  bodies governed by the private law of a Member State that are entrusted with 
the implementation of a public-private pa rtnership and that provide adequate 
financial guarantees;  
–  persons entrusted with the implemen tation of specific actions in the CFSP 
pursuant to Title V of the TEU, and id entified in the relevant basic act. 
– If more than one management mode is indicated, please provide details in the 
'Comments' section . 
[…] 
[…] 
2. MANAGEMENT  MEASURES   
2.1. Monitoring and reporting rules  
Specify frequency and conditions. 
Participation of research entities from I ndia in the Framework Programme (Horizon 
2020) and other cooperative activities under th e Agreement will be regularly 
followed through meetings of the Steering Committee established under Article 6 of 
the Agreement.  
2.2. Management and control system  
2.2.1. Risk(s) identified   
Meetings and bilateral contact s occur regularly, allowing fo r a systematic sharing of 
information. No risks have been id entified in the c ontrol system.  
2.2.2. Information concerning the in ternal control system set up 
2.2.3. Estimate of the costs and bene fits of the contro ls and assessment of the expected level 
of risk of error  
2.3. Measures to prevent fraud and irregularities  
Specify existing or envisaged prevention and protection measures. 
When the implementation of the Framework Programme calls for the use of external 
contractors or entails gran ting financial contributions  to third parties, the 
Commission will carry out, where appropriate, financial audits, in particular if it has 
reason to doubt the realistic nature of work  performed or described in the activity 
reports. 
The Union's financial audits will be car ried out either by its own staff or by 
accounting experts approved according to the law of the audited party. The Union 
EN 10   EN will choose the latter freely, while avoiding any risks of conflicts of interest which 
might be indicated to it by the party subj ect to the audit. In addition, the Commission 
will make sure, in carrying out the research activities, that the financial interests of 
the Union are protected by effective checks a nd, where irregularities are detected, by 
deterrent and proportionate measures and penalties. 
In order to achieve this aim, rules on check s, measures and penalties, with reference 
to Regulations No 2988/95, No 2185/96 and No  1073/99 will be incorporated in all 
contracts used in the implementa tion of the Framework Programme. 
In particular, the following points will have  to be provided for in the contracts: 
- the introduction of specific contractual clau ses to protect the financial interests of 
the EU in carrying out checks and controls  in relation to the work performed; 
- the carrying out of administrative check s as part of anti-fraud measures, in 
accordance with Regulations No 2185/96, No 883/2013; 
- the application of administrative pena lties for all intentional or negligent 
irregularities in the implementation of the contracts, in accordance with the 
Framework Regulation No 2988/95, incl uding a blacklisting mechanism; 
- the fact that any recovery orders in th e event of irregularities  and fraud must be 
enforceable according to Article 299 of the Treaty on the Functioning of the 
European Union.  
In addition and as a routine measure, a cont rol programme in respect of scientific and 
budgetary aspects will be carri ed out by the responsible staff in the DG for Research 
and Innovation; an internal audit will be carried out by the Inte rnal Audit unit of DG 
Research and Innovation; and local inspections will be undertaken by the European 
Court of Auditors. 
EN 11   EN 3. ESTIMATED  FINANCIAL  IMPACT  OF THE  PROPOSAL/INITIATIVE   
3.1. Heading(s) of the multiannual financ ial framework and expenditure budget 
line(s) affected   
• Existing budget lines  
In order  of multiannual financial framewor k headings and budget lines. 
Budget line  Type of  
expenditure  Contribution  
Heading of 
multiannual 
financial 
framework  Number  
[Description………………………...……….]  Diff./non-
diff. 
(7) 
 from 
EFTA 
countries8 
 from 
candidate 
countries9 
 from third 
countrieswithin the 
meaning of Article 
21(2)(b) of the 
Financial 
Regulation  
1a 08.01.05 
 Non-diff. YES YES YES YES 
1a 08.01.05.01 Non. 
Diff. YES YES YES YES 
1a 08.01.05.03 Non. 
Diff; YES YES YES YES 
• New budget lines requested  
In order  of multiannual financial framework headings and budget lines. 
Budget line  Type of 
expenditure  Contribution  
Heading of 
multiannual 
financial 
framework  Number  
[Heading……………………………………..]  Diff./non-
diff. from 
EFTA 
countries  from 
candidate 
countries  from third 
countries  within the 
meaning of Article 
21(2)(b) of the 
Financial 
Regulation  
 [XX.YY.YY.YY] 
  YES/ 
NO YES/ NO YES/ 
NO YES/NO 
                                                 
7 Diff. = Differentiated appropriations / Non- Diff. = Non-differentiated appropriations. 
8 EFTA: European Free Trade Association.  
9 Candidate countries and, where applicable, poten tial candidate countries from the Western Balkans. 
 
EN 12   EN 3.2. Estimated impact on expenditure  
[This part must be completed on the spread  sheet on budget data of an administrative nature (second document in the annex to th is 
financial statement) to be upl oaded to CISNET for interdepar tmental consultation purposes. 
3.2.1. Summary of estimated impact on expenditure  
EUR million (to three decimal places)  
Heading of multiannual financial framework:  1a [Heading]: Competitiveness for Growth and Jobs 
 
DG: <Research and Innovation.>   201510 2016 2017 2018 2019 2020  TOTAL 
y Operational appropriations          
Commitments  (1)         Number of budget line  Payments  (2)         
Commitments  (1a)         Number of budget line  Payments  (2a)         
Appropriations of an administrative nature financed from the 
envelope of specific programmes11          
Number of budget line: 08.01.05   (3) 0.008 0.012 0.012 0.012 0.012 0.004  0.060 
Number of budget line : 08.01.05.01   (4) 0.008 0.011 0.011 0.011 0.011 0.004  0.056 
Number of budget line: 08.01.05.03   (5) 0.000 0.001 0.001 0.001 0.001 0.000  0.004 
Commitments (6)         
y TOTAL operational appropriations  
Payments (7)         
                                                 
10 Year N is the year in which implem entation of the proposal/initiative starts. 
11 Technical and/or administrative assistance and expenditure in su pport of the implementation of EU programmes and/or actions (f ormer ‘BA’ lines), indirect research, 
direct research. 
 
EN 13   EN  y TOTAL appropriations of an administrative nature 
financed from the envelope for specific programmes  (8) 0.008 0.012 0.012 0.012 0.012 0.004  0.060 
Commitments =6+8 0.008 0.012 0.012 0.012 0.012 0.004  0.060 
Payments =7+8 0.008 0.012 0.012 0.012 0.012 0.004  0.060 TOTAL appropriations under 
HEADING <1a.> 
of the multiannual financial framework  
          
 
Heading of multiannual financial  
framework  5 ‘Administrative expenditure’ 
EUR million (to three decimal places) 
   2015 2016 2017 2018 2019  2020  TOTAL 
DG: <…….> 
y Human resources         
y Other administrative expenditure          
TOTAL DG <…….>  Appropriations          
 
TOTAL appropriations 
for HEADING 5 
of the multiannual financial framework   (Total commitments = 
Total payments)  0.001 0.002 0.002 0.002 0.002 0.001  0.01 
 
EUR million (to three decimal places) 
 
EN 14   EN    201512 2016 2017 2018 2019 2020  TOTAL 
Commitments  0.009 0.014 0.014  0.014  0.014  0.005   0.07 TOTAL appropriations  
under HEADINGS 1 to 5 
of the multiannual financial framework   Payments  0.009  0.014  0.014  0.014  0.014  0.005  0.07 
3.2.2. Estimated impact on opera tional appropriations  
– ; The proposal/initiative does not requir e the use of operational appropriations  
–  The proposal/initiative requires the use of ope rational appropriations, as explained below: 
Commitment appropriations in EUR million (to three decimal places) 
  Year 
N Year 
N+1 Year 
N+2 Year 
N+3 Enter as many years as necessary to show the 
duration of the impact (see point 1.6)  TOTAL  
OUTPUTS  Indicate 
objectives and 
outputs  
 
Ø Type13 
 Avera
ge 
cost 
Number  
Cost 
Number  
Cost 
Number  
Cost 
Number  
Cost 
Number  
Cost 
Number  
Cost 
Number  
Cost Total 
numbe
r Total 
cost 
SPECIFIC OBJECTIVE NO 114 
                 
- Output                    
- Output                    
- Output                    
Subtotal for specific objective No 1                  
SPECIFIC OBJECTIVE No 2…                  
                                                 
12 Year N is the year in which implem entation of the proposal/initiative starts. 
13 Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc .). 
14 As described in point 1.4.2. ‘Specific objective(s)…’  
 
EN 15   EN - Output                    
Subtotal for specific objective No 2                  
TOTAL COST                  
 
EN 16   EN 3.2.3. Estimated impact on appropriations  of an administrative nature 
3.2.3.1. Summary  
– ; The proposal/initiative requires the use of appropriations of an administrative 
nature, as explained below: 
EUR million (to three decimal places) 
  
201515 
 2016 2017 2018 2019 2020 TOTAL 
 
HEADING 5 
of the multiannual 
financial framework  0.001 0.002 0.002 0.002 0.002 0.001 0.01 
Human resources         
Other administrative 
expenditure         
Subtotal HEADING 5 
of the multiannual 
financial framework  0.001 0.002 0.002 0.002 0.002 0.001 0.01 
 
Outside HEADING 516 of 
the multiannual financial 
framework  
 0.008 0.012 0.012 0.012 0.012 0.004 0.06 
Human resources  0.008 0.011 0.011 0.011 0.011 0.004 0.056 
Other expenditure  
of an administrative nature 0.000 0.001 0.001 0.001 0.001 0.000 0.004 
Subtotal  
outside HEADING 5 
of the multiannual 
financial framework  0.008 0.012 0.012 0.012 0.012 0.004 0.06 
 
TOTAL  0.009 0.014 0.014 0.014 0.014 0.005 0.07 
The administrative appropriations require d will be met by the appropriations of the DG which are already assigned to 
management of the action and/or which have been redeployed within the DG, together if necessary with any additional 
allocation which may be granted to the managing DG under th e annual allocation procedure and in the light of budgetary 
constraints.  
                                                 
15 Year N is the year in which implem entation of the proposal/initiative starts. 
16 Technical and/or administrative assistance and expenditure in support of the implementation of EU 
programmes and/or actions (former ‘BA’ lin es), indirect research, direct research. 
 
EN 17   EN 3.2.3.2. Estimated requirements of human resources  
– ; The proposal/initiative re quires the use of human re sources, as explained 
below: Estimate to be expressed in full time equivalent units 
 
 
2015  
2016 2017 2018 2019 2020 Enter as 
many years 
as necessary 
to show the duration of 
the impact 
(see point 1.6)
 
y Establishment plan posts (officials and temporary agents)  
XX 01 01 01 (Headquarters and 
Commission’s Representation Offices)         
XX 01 01 02 (Delegations)         
08 01 05 01 (Indirect research)  0.068 0.1  0.1 0.1 0.1 0.032  
10 01 05 01 (Direct research)         
y External personnel (in Full Time Equivalent unit: FTE)17 
 
XX 01 02 01 (CA, INT, SNE from the 
"global envelope")         
XX 01 02 02 (CA, INT, JED, LA and SNE in the delegations)        
- at Headquarters  
       
XX 01 04 
yy18 
 - in 
delegations        
XX 01 05 02 (CA, SNE, INT - Indirect 
research)  
        
10 01 05 02 (CA, SNE, INT - Direct 
research)         
Other budget lines (specify)         
TOTAL  0.068 0.1 0.1 0.1 0.1 0.032  
XX is the policy area or  budget title concerned. 
The human resources required will be met by staff from th e DG who are already assigned to management of the 
action and/or have been redeployed within the DG, toge ther if necessary with any additional allocation which 
may be granted to the managing DG under the annual a llocation procedure and in the light of budgetary 
constraints. 
Description of tasks to be carried out: 
Officials and temporary staff  Preparation and management of the Steering  Committee meetings foreseen under Art. 
6 of the Agreement, and missions ensuring the good functioning and implementation of the Agreement and regular review of the Agreement. 
External staff   
                                                 
17 CA= Contract Agent; LA = Local  Agent; SNE = Seconded National Expert; INT = agency staff 
(‘Intérimaire’); JED= ‘Jeune Expert en Dé légation’ (Young Experts in Delegations).  
18 Sub-ceiling for external staff covered by op erational appropriations (former "BA" lines). 
 
EN 18   EN 3.2.4. Compatibility with the current multiannual financial framework  
– ;Proposal/initiative is compatible the cu rrent multiannual financial framework. 
3.2.5. Third-party contributions  
– The proposal/initiative does not provid e for co-financing by third parties.  
3.3. Estimated impact on revenue  
– ; Proposal/initiative has no financial impact on revenue.   
There is no financial impact on revenue given that India is not contributing to the EU 
general budget under this S&T Agreement.