Agreement on scientific and technical cooperation between the European Community and the Kingdom of Morocco
Date: 2003-06-26
Institutions: European Community, Morocco
Subjects: Morocco, cooperation agreement (EU), research and development, scientific cooperation, scientific research, technical cooperation

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on scientific and technical cooperation between the European Community and the Kingdom of
Morocco

AGREEMENT

THE EUROPEAN COMMUNITY (hereinafter referred to as the Community),

of the one part,

and

THE KINGDOM OF MOROCCO (hereinafter referred to as Morocco),

of the other part,

hereinafter referred to as the Parties,

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

in

HAVING REGARD TO Decision No 1513/2002/EC of the European Parliament and of 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 to
2006) (1),

CONSIDERING the importance of science and technology for their economic and social development and the reference
thereto in Article 47 of the Euro-Mediterranean Agreement establishing an association between the European Commu-
nities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, which entered into
force on 1 March 2000 (2),

CONSIDERING that the Community and Morocco are pursuing research, technological development and demonstration
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,

DESIRING to establish a formal cooperation framework for scientific and technological research with a view to
extending and intensifying the conduct of cooperative activities in areas of common interest and to encourage the appli-
cation of the results of such cooperation to the economic and social benefit of both Parties,

CONSIDERING the desire to open up the European Research Area to third countries, and in particular the Mediterranean
partner countries,

HAVE AGREED AS FOLLOWS:

Article 1

(e) appropriate protection of intellectual property rights.

Purpose and principles

1.
The Parties shall encourage, develop and facilitate coop-
erative scientific and technological activities between the Com-
munity and Morocco in fields of common interest where they
are pursuing scientific research and technological development
activities.

The cooperative activities should be conducted on the

2.
basis of the following principles:

(a) promotion of a knowledge-based society for the benefit of
the economic and social development of the two Parties;

(b) mutual benefit based on an overall balance of advantages;

(c) reciprocal access to activities under the scientific research
and technological development programmes and projects
(hereinafter research) undertaken by each Party in the fields
covered by this Agreement;

(d) timely exchange of information which may affect coopera-

tive activities;

(1) OJ L 232, 29.8.2002, p. 1.
(2) OJ L 70, 18.3.2000, p. 2.

Article 2

Terms of cooperation

1. Moroccan legal entities, both public and private, shall
participate in indirect actions under the European Community
Framework Programme for research,
technological develop-
ment and demonstration activities contributing towards the
creation of the European Research Area, (hereinafter the Frame-
work Programme), under the same conditions as those applic-
able to legal entities of Member States of the European Union,
subject to the terms and conditions established by or referred
to in Annexes I and II.

2.
Community legal entities shall participate in Morocco's
research projects in fields equivalent to those of the Framework
Programme under the same conditions as those applicable to
Moroccan legal entities, subject to the terms and conditions
established by or referred to in Annexes I and II.

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Cooperation may also take the following forms and

3.
means:

(a) joint meetings;

(b) regular discussions on the guidelines and priorities for
research policies and planning in Morocco and in the Com-
munity;

(c) exchanges of views and consultation on cooperation and

development prospects;

(d) timely provision of information concerning the implemen-
tation and results of
research programmes and
joint
projects of Morocco and of the Community undertaken
with the framework of this Agreement;

(e) visits and exchanges of researchers, engineers and techni-

cians, including for the purposes of research training;

(f) exchanges and sharing of scientific equipment and mate-

rials;

(g) regular

contacts between Moroccan and Community

research programme or project managers;

(h) participation of experts of both Parties in thematic semi-

nars, symposiums and workshops;

(i) exchanges of information on practices,

laws, regulations
and programmes concerning cooperation under this Agree-
ment;

(j) reciprocal access to scientific and technical

information

concerned by this cooperation;

(k) any other arrangement adopted by the EC-Morocco Joint
Scientific and Technical Cooperation Committee referred to
in Article 4, and in conformity with the policies and proce-
dures applicable in both Parties.

Article 3

Enhancement of cooperation

1.
The Parties undertake to make every effort, within the
framework of their respective legislation in force, to facilitate
the free movement and establishment of researchers partici-
pating in the activities covered by this Agreement and to facili-
tate the entry into and exit from their territories of materials,
data or equipment intended for use in these activities.

2. Where, in accordance with its own rules, the European
Community grants contract funding other than in the form of
a repayable loan to a legal entity established in Morocco to
participate in a Community indirect action, the Government of
Morocco will ensure,
in the framework of its legislation in
force, that no fiscal charge or levy is imposed on the operations
benefiting from such funding.

and on behalf of the Community by the services of the Euro-
pean Commission responsible for the Framework Programme
acting as executive agents for the Parties (hereinafter the execu-
tive agents).

2.
The executive agents shall set up an EC-Morocco Joint
Scientific and Technical Cooperation Committee with responsi-
bility for:

(a) monitoring the implementation and evaluating the impact
of this Agreement, and propose any revisions to it which
may be necessary, subject to the accomplishment by each
Party of its own procedures for the purpose;

(b) to propose any appropriate measure aimed at improving
and developing scientific and technological cooperation
under this Agreement;

(c) regularly examining the guidelines

and priorities of
Moroccan and Community research policies and planning
and the prospects for future cooperation under this Agree-
ment.

3.
The EC-Morocco Joint Scientific and Technical Coopera-
tion Committee shall be composed of an equal number of
representatives of the executive agents of each Party. It shall
adopt its rules of procedure.

4.
The EC-Morocco Scientific and Technical Cooperation
Committee shall meet at least once a year in the Community
and in Morocco alternately. Extraordinary meetings may be
held at the request of either Party. The conclusions and recom-
mendations of the EC-Morocco Scientific and Technical Coop-
eration Committee shall be sent, for information, to the Asso-
ciation Committee of
the Euro-Mediterranean Agreement
between the European Union and the Kingdom of Morocco.

Article 5

Terms and conditions of participation

Reciprocal participation in the research activities covered by
this Agreement shall take place in accordance with the condi-
tions set out in Annex I and shall be subject to the legislation,
regulations, policies and conditions governing the implementa-
tion of the programmes in force on the territory of each Party.

Article 6

Article 4

Management of the Agreement

1.
The coordination and promotion of the activities covered
by this Agreement will be carried out on behalf of Morocco by
the government authority responsible for scientific research

Dissemination and utilisation of results and information

The dissemination and utilisation of the results of information
acquired and/or exchanged, and the management, allocation
and exercise of intellectual property rights arising from the
research activities carried out under this Agreement shall be
subject to the conditions set out in Annex II to this Agreement.

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Article 7

Final provisions

Annexes I and II shall form an integral part of this Agree-

1.
ment.

All questions or disputes relating to the interpretation or imple-
mentation of this Agreement shall be settled by mutual agree-
ment between the Parties.

This Agreement shall enter into force on the date on
2.
which the Parties have notified each other in writing that their
necessary procedures to this end have been completed.

Every four years the Parties will evaluate the impact of the
Agreement on the intensity of their scientific and technical
cooperation.

This Agreement may be amended or its scope enlarged by
agreement between the Parties. Amendments or extensions
shall enter into force on the date on which the Parties have
notified each other in writing that the necessary procedures to
this end have been completed.

This Agreement may be terminated at any time by either Party
with six months written notice.

If one of

the Parties decides to modify its research
3.
programmes or projects referred to in paragraph 1 of Article 1,
the executive agent of that Party shall notify the executive
agent of the other Party of the precise content of the amend-
ments in question.

In that event, and by way of derogation from subparagraph 2
of paragraph 2 of this Article, this Agreement may be termi-
nated under mutually agreed conditions if either of the Parties
notifies the other within one month of its intention to termi-
nate this Agreement following the adoption of the amendments
referred to in subparagraph 1.

4.
This Agreement shall apply, on the one hand, to the terri-
tories in which the Treaty establishing the European Com-
munity is applied and under the conditions laid down in that
Treaty and, on the other hand, to the territory of the Kingdom
of Morocco. This shall not exclude the carrying-out of coopera-
tive activities on the high seas, in space, or on the territory of
third countries in accordance with international law.

The projects and activities in progress at the time of any termi-
nation of this Agreement will continue until their completion
under the conditions laid down in this Agreement, unless the
two Parties decide otherwise.

5.
This Agreement is drawn up in duplicate in the Danish,
Dutch, English, Finnish, French, German, Greek, Italian, Portu-
guese, Spanish, Swedish and Arabic languages, each of these
texts being equally authentic.

Hecho en Salónica el veintiséis de junio de dos mil tres.

Udfærdiget i Thessaloniki, den seksogtyvende juni to tusind og tre.

Geschehen zu Thessaloniki am sechsundzwanzigsten Juni zweitausenddrei.
Έγινε στη Θεσσαλονίκη, στις είκοσι έξι Ιουνίου δύο χιλιάδες τρία.

Done at Thessaloniki, twenty-sixth day of June, in the year two thousand and three.

Fait à Thessalonique, le vingt-six juin deux mille trois.

Fatto a Salonicco, addì ventisei giugno duemilatre.

Gedaan te Thessaloniki, de zesentwintigste juni tweeduizenddrie.

Feito em Salónica, em vinte e seis de Junho de dois mil e três.

Tehty Thessalonikissa kahdentenakymmenentenäkuudentena päivänä kesäkuuta vuonna kaksituhattakolme.

Som skedde i Thessaloniki den tjugosjätte juni tjugohundratre.

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Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

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ANNEX I

TERMS AND CONDITIONS FOR THE PARTICIPATION OF LEGAL ENTITIES OF MEMBER STATES OF THE
EUROPEAN UNION AND OF THE KINGDOM OF MOROCCO

For the purpose of this Agreement, a legal entity means any natural person, or any legal person created under the
national law of its place of establishment or under Community law, having legal personality and being entitled to have
rights and obligations of any kind in its own name.

I. Terms and conditions for the participation of legal entities established in Morocco in indirect actions under

the EC Research Framework Programme

1. The participation of legal entities established in Morocco in indirect actions under the Framework Programme
shall be in accordance with the participation rules laid down pursuant to Article 167 of the Treaty establishing
the European Community for the implementation of the Framework Programme (1).

In addition, legal entities established in Morocco may participate in indirect actions carried out under Article 164
of the Treaty establishing the European Community.

2. The Community may grant funding to legal entities established in Morocco participating in the indirect actions
referred to in paragraph 1 in accordance with the terms and conditions laid down by the participation rules
referred to in paragraph 1 adopted by the European Parliament and the Council pursuant to Article 167 of the
Treaty establishing the European Community, the financial regulations of the European Community and any other
applicable Community legislation.

3. A contract concluded by the Community with any legal entity established in Morocco participating in an indirect
action must provide for audits and verifications to be carried out by, or under the authority of, the Commission
or the Court of Auditors of the European Communities.

In a spirit of cooperation and mutual interest, the relevant authorities of Morocco will provide any reasonable and
feasible assistance as may be necessary or helpful to perform such audits and verifications.

II. Terms and conditions for the participation of legal entities of Member States of the European Union in

Morocco's research programmes and projects

1. Any legal entity established in the European Community created under the national law of one of the Member
States of the European Union or under European Community law may participate in Morocco's research and
development projects or programmes in cooperation with legal entities established in Morocco.

2. Subject to paragraph 1 and to Annex II, the rights and obligations of legal entities established in the Community
participating in Morocco's research and development projects or programmes, the terms and conditions applicable
to the submission and evaluation of proposals and the granting and conclusion of contracts shall be subject to
Morocco's laws, regulations and government directives governing the operation of research and development
programmes under the conditions applicable to legal entities established in Morocco, taking into account the
nature of the cooperation between Morocco and the European Community in this field.

Funding of legal entities established in the Community participating in Morocco's research and development
projects and programmes shall be subject to Morocco's laws, regulations and government directives governing the
operation of research and development programmes under the conditions applicable to legal entities of third
countries participating in Morocco's research and development projects and programmes.

3. Morocco will regularly inform the European Community and its own legal entities of opportunities for legal enti-
ties established in the European Community to participate in its research and development projects and
programmes.

(1) See the Sixth Framework Programme (2002-2006) Article 6 of Regulation (EC) 2321/2002 of the European Parliament and of the

Council of 16 December 2002 (OJ L 355, 30.12.2002, p. 23).

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PRINCIPLES CONCERNING THE ALLOCATION OF INTELLECTUAL PROPERTY RIGHTS

ANNEX II

I. Application

For the purposes of this Agreement, ‘intellectual property’ shall have the meaning given in Article 2 of the Conven-
tion establishing the World Intellectual Property Organisation, done at Stockholm on 14 July 1967.

For the purposes of this Agreement, ‘knowledge’ shall mean the results, including information, whether or not they
can be protected, as well as copyrights or rights pertaining to such results following applications for, or the issue of
patents, designs, plant varieties, supplementary protection certificates or similar forms of protection.

II.

Intellectual property rights of legal entities of the Parties

1. Each Party shall ensure that the intellectual property rights of legal entities of the other Party participating in
activities carried out pursuant to this Agreement and the related rights and obligations arising from such partici-
pation, shall be consistent with the relevant international conventions that are applicable to the Parties, including
the TRIPS Agreement (Agreement on trade-related aspects of intellectual property Rights administered by the
World Trade Organisation) as well as the Berne Convention (Paris Act 1971) and the Paris Convention (Stock-
holm Act 1967).

2. Legal entities established in Morocco participating in an indirect action under the Framework Programme shall
have the same rights and obligations with regard to intellectual property as legal entities established in the Com-
munity participating in the indirect action. These rights and obligations with regard to intellectual property are
laid down in the rules for the dissemination of research results adopted pursuant to Article 167 of the Treaty
establishing the European Community (1) and the contract concluded with the Community for the implementa-
tion of the indirect action, such rights and obligations being in compliance with paragraph 1.

3. Legal entities established in the Community participating in Morocco's research programmes or projects shall
have the same rights and obligations with regard to intellectual property as those of legal entities established in
Morocco participating in such research programmes or projects, such rights and obligations being in compliance
with paragraph 1.

4. Each Party shall ensure that the legal entities which it represents takes all necessary steps to define and protect

their intellectual property rights.

III. Intellectual property rights of the Parties

1. Except if otherwise specifically agreed by the Parties, the following rules shall apply to knowledge generated by

the Parties in the course of activities carried out under Article 2(3) of this Agreement:

(a) the Party generating such knowledge shall be the owner of that knowledge. Where the knowledge has been
generated jointly and the two Parties' respective share of the work cannot be ascertained, they shall have joint
ownership of such knowledge;

(b) the Party owning the knowledge shall grant access rights to it to the other Party for carrying out activities

referred to in Article 2(3) of this Agreement. Such access rights shall be granted on a royalty-free basis.

2. Except if otherwise specifically agreed by the Parties, the following rules shall apply to scientific literary works of

the Parties:

(a) where a Party publishes scientific and technical data, information and results by means of journals, articles,
reports, books, including video and software, arising and relating to activities carried out pursuant to this
Agreement, a worldwide, non-exclusive, irrevocable, royalty-free licence shall be granted to the other Party to
translate, reproduce, adapt, transmit and publicly distribute such works;

(b) all copies of data and information protected by copyright prepared in this context for public distribution shall
indicate the names of the author(s) of the work unless an author explicitly declines to be named. They shall
also bear a clearly visible acknowledgement of the cooperative support of the Parties.

(1) See the Sixth Framework Programme (2002-2006) Article 6 of Regulation (EC) 2321/2002 of the European Parliament and of the

Council (OJ L 355, 30.12.2002, p. 23).

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3. Except if otherwise specifically agreed by the Parties, the following rules shall apply to undisclosed information of

the Parties:

(a) when communicating to the other Party information necessary for the activities carried out pursuant to this

Agreement, each Party shall identify that information it wishes to remain undisclosed;

(b) the Party receiving the information may, under its own responsibility, communicate undisclosed information

to entities or persons under its authority for the specific purposes of implementing this Agreement;

(c) with the prior written consent of the Party providing undisclosed information, the other Party may dissemi-
nate such undisclosed information more widely than otherwise permitted in paragraph 3(b). The Parties shall
cooperate in developing procedures for requesting and obtaining prior written consent for such wider disse-
mination, and each Party will provide such approval to the extent permitted by its domestic policies, regula-
tions and laws;

(d) non-documentary undisclosed or other confidential information provided in seminars and other meetings
between representatives of the Parties arranged under this Agreement, or information arising from the attach-
ment of staff, use of facilities or the carrying-out of indirect actions, shall remain confidential where the reci-
pient of such undisclosed or other confidential or privileged information was made aware of the confidential
character of the information communicated at the time such communication was made, according to para-
graph 3(a);

(e) each Party shall endeavour to ensure that undisclosed information received by it under paragraph 3(a) and
3(d) is controlled as provided herein. If one of the Parties becomes aware that it will be, or may be reasonably
expected to become, unable to meet the non-dissemination provisions laid down in paragraph 3(a) and 3(d),
it shall immediately inform the other Party. The Parties shall thereafter consult to define an appropriate
course of action.