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 Ukraine
Date: 2003-05-05
Institutions: European Commission
Subjects: Ukraine, cooperation agreement (EU), renewal of an agreement, scientific cooperation, technical cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 5.5.2003
COM(2003) 231 final

2003/0087 (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 Ukraine

(presented by the Commission)

1. 

2. 

3. 

4. 

EXPLANATORY MEMORANDUM

The  Agreement  on  cooperation  in  science  and  technology  between  the  European
Community and Ukraine was signed in Copenhagen on 4 July 2002. 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"

The Community has been collaborating for many years with Ukraine in various areas of
science  and  technology.  For  example,  Ukraine  participated  in  thirty-six  research
projects in the context of INCO-COPERNICUS under the fifth European Community
framework programme for research and development. The Agreement on cooperation
in science and technology with Ukraine, which was signed on 4 July 2002, helped to
strengthen this cooperation.

By  letter  dated  15  October  2002,  the  Ministry  of  Foreign  Affairs  of  Ukraine
requested  the  renewal  of  the  abovementioned  Agreement  for  five  more  years.  The
Ukrainian 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  Ukraine  and  the  European  Community.  Rapid
renewal would be in the interest of both Parties.

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
Ukraine;

–  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.

2

2003/0087 (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 Ukraine

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 Commission1,

Having regard to the opinion of the European Parliament2,

Whereas:

(1) 

(2) 

(3) 

(4) 

(5) 

The  Agreement  on  cooperation  in  science  and  technology  between  the  European
Community and Ukraine was signed in Copenhagen on 4 July 2002;

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";

By letter dated 15 October 2002, the Ministry of Foreign Affairs of Ukraine 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;

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

The  Agreement  aimed  at  renewing  the  Agreement  on  cooperation  in  science  and
technology  between  the  European  Community  and  Ukraine  should  be  approved  on
behalf of the Community;

1

2

OJ C…[…],[…]

3

                                                
HAS DECIDED AS FOLLOWS:

Article 1

The Agreement aimed at renewing the Agreement on cooperation in science and technology
between  the  European  Community  and  Ukraine  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

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AGREEMENT
RENEWING THE AGREEMENT ON COOPERATION IN SCIENCE AND
TECHNOLOGY BETWEEN THE EUROPEAN COMMUNITY AND UKRAINE

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

And

UKRAINE, of the other part,

hereinafter referred as the "Parties",

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

that 

RECOGNISING 
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;

Community 

Ukraine 

and 

are 

the 

HAVING REGARD to the Agreement on cooperation in science and technology between the
European  Community  and  Ukraine,  which  was  signed  in  Copenhagen  on  4  July  2002  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  Ukraine,  which  was  signed  Copenhagen  on  4  July  2002  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, Spanish, Swedish and Ukrainian languages, each
of these texts being equally authentic.

For the European Community

For Ukraine

5

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 UKRAINE

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-Ukraine  Committee  for  cooperation 
technology,
exchange of information, visits of officials and experts to Ukraine 50 000 €

in  science  and 

b.

Scientific and technical workshops, seminars and meetings

60 000 €

TOTAL : 110 000 €/year

3.

BUDGET CHARACTERISTICS

Type of expenditure

New

EFTA
contribution

Contribution
from
applicant
Countries

Heading in
financial
perspective

Non-comp

Diff

No

Yes

Yes

No 3

4.

LEGAL BASIS

–  With legal basis.

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).

6

–  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  Programme,  including  the  budgetary  section:
participation by Ukraine in certain specific programmes and administrative expenditure on the
European  side  (meetings  of  the  Joint  Community-Ukraine  Committee  for  cooperation  in
science and technology, exchange of information, visits of Community officials and experts to
Ukraine,  organisation  of  scientific  and  technical  workshops,  seminars  and  meetings  in  the
Community and in Ukraine).

5.1.1. Objectives pursued

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

–  The Agreement is designed to enable the Community and Ukraine 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 Ukrainian scientific
community  and  industrial  sector  in  Community  research  projects  and  independent,  non-
subsidised participation by bodies established in the Community in Ukrainian projects.

–  The  beneficiaries  in  the  EC  and  Ukraine  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  Ukraine  by  Commission  officials  and  experts;  organisation  of
workshops, seminars and meetings in the European Community and in Ukraine).

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6.

6.1.

FINANCIAL IMPACT

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)

Commitments

Payments

2003

2004

2005

2006

0.11

0.11

0.11

0.11

0.11

0.11

0.11

0.11

7.

FOLLOW-UP AND EVALUATION

7.1.

Follow-up arrangements

The activities in the context of the Cooperation Agreement will be regularly monitored by the
relevant Commission departments. This monitoring will be carried out through the collection
of  information  on  the  basis  of  data  from  the  specific  programmes  of  the  Framework
Programme.

7.2.

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 of the European Union.

8