Proposal for a Council Decision on the signing of the Agreement for scientific and technological co-operation between the European Community and the United Mexican States
Date: 2003-07-18
Institutions: European Commission
Subjects: EU research policy, Mexico, United States, cooperation agreement (EU), ratification of an agreement, scientific cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 18.7.2003
COM(2003) 438 final

Proposal for a

COUNCIL DECISION

on the signing of the Agreement for scientific and technological co-operation
between the European Community and the United Mexican States

(presented by the Commission)

1.

2.

3.

4.

5.

EXPLANATORY MEMORANDUM

The Economic Partnership, Political Coordination and Cooperation Agreement1
between the European Community and its Member States of the one part and
the Unites Mexican States (hereinafter: Mexico) of the other part, entered into
force on 1 October 2000. Article 29, paragraph 5 of this Agreement identified
cooperation  on  science  and  technology  as  an  area  of  particular  interest  and
potential.

In  its  communication  of  19  July  1996  entitled  "Promoting  RTD  cooperation
with the  world's  emerging  economies"  (COM(96) 344  final)  the  Commission
stressed the benefits of negotiating agreements for scientific and technological
cooperation  with  countries  with  emerging  economies.  In  its  resolution  of
14 March  1997  on  the  above  mentioned  communication,  the  European
Parliament  “calls  on  the  Commission  to  negotiate,  with  due  regard  for  the
circumstances  in  each  country,  bilateral  agreements  establishing  a  legal
framework for the promotion of RTD cooperation”.

The  strengthening  of  scientific  and  technological  cooperation  with  these
countries  has  been  reaffirmed  in  the  Commission’s  communication  entitled
“The international dimension of the European Research Area” (COM (2001)
346 final).

On 22 January 2002, the Ambassador of Mexico to the EU presented Mexico’s
official request to enter into negotiations with the European Community with a
view  to  concluding  a  specific  agreement  for  scientific  and  technological
cooperation.

On  12  July  2002,  the  Council  authorized  the  Commission  to  negotiate  an
Agreement for scientific and technological cooperation between the European
Community and Mexico. The negotiations resulted in the attached Agreement,
initialed on 2 April 2003, in Mexico.

The  Agreement  was  negotiated  against  the  background  of  an  upgraded  and
intensifying  co-operation  between  Mexico  and  the  European  Union,
considering  the  importance  of  science  and  technology  for  economic  and
social development and the mutual wish to extend and strengthen the conduct
of co-operative activities in areas of common interest, as diverse as:

–  research on the environment and climate, including Earth observation,

–  biomedical and health research,

–  agriculture, forestry and fisheries,

–  industrial and manufacturing technologies,

–  research on electronics, materials and metrology,

1

OJ L 276, 28.10.2000, p. 44

2

                                                
–  non-nuclear energy,

–  transport,

–  information society technologies,

–  research on economic and social development,

–  biotechnologies,

–  aeronautics and space research and applied research; and

–  science and technology policy.

6.

The  Agreement  is  based  on  the  principles  of  mutual  benefit,  reciprocal
opportunities for access to each other’s programmes and activities relevant to
the purpose of the Agreement, non-discrimination, the effective protection of
intellectual  property  and  equitable  sharing  of  intellectual  property  rights.  It
shall  be  concluded  for  an  initial  period  of  five  years  and  may  be  tacitly
renewed  after  full  evaluation,  based  on  the  results,  during  the  penultimate
year of each successive five-year period.

7.

The Agreement provides for :

–  establishment  of  networks  and  long-term  institutional  alliances  between
research  centres  and  research  and  technology  institutes  and  joint
implementation of projects of common interest;

–  implementation of RTD projects between research and business centres in

Mexico and Europe, including technology-based companies;

–  participation  of  Mexican  research  institutes  in  RTD  projects  under  the
existing  framework  programme  and  reciprocal  participation  of  research
institutes  established  in  the  Community  in  Mexican  projects  in  similar
sectors  of  RTD.  Such  a  participation  shall  be  subject  to  the  rules  and
procedures applicable in RTD programmes of each Party;

–  visits  and  exchanges  of  scientists,  RTD  policy-makers  and  technical

experts, including scientific training through research ;

–  joint  organisation  of  scientific  seminars,  conferences,  symposia  and

workshops, as well as participation of experts in such activities;

–  exchanges  and  sharing  of  equipment  and  materials  including  shared  use

and/or loans of laboratory infrastructure and equipment;

–  exchanges  of 

information  on  procedures, 

regulations  and
programmes relevant to cooperation under this Agreement,  exchanges of
experience and studies on best practice on science and technology policy;

laws, 

–  any other form recommended by the Steering  Committee  and  deemed  in
conformity with the policies and procedures applicable in both Parties;

3

8.

9.

10.

–  cooperation activities to be subject to the availability of funds and to the
applicable laws and regulations, policies and programmes of Mexico and
the Community; in principle, no transfer of funds will take place.

As  regards  dissemination  and  utilisation  of  information  and  management,
allocation  and  exercise  of  intellectual  property  rights,  resulting  from  joint
research under the Agreement, they shall be subject to the provisions of the
annex to this Agreement entitled “Intellectual Property Rights” which forms
an integral part thereof.

The principle of non-discrimination agreed under article 3 of the Agreement
should  protect  Community  participants  in  Mexican  programmes  and
activities  against  any  discriminatory  treatment,  also  in  respect  of  the
dissemination and utilisation of results, including intellectual property rights.
The  Steering  Committee  shall,  inter  alia,  review  the  efficient  and  effective
functioning of the Agreement, including the non-discriminatory treatment of
participants.

Closer  collaboration  with  Mexico  on  science  and  technology  will  also
contribute  directly  to  strengthening  ties  between  the  two  parties  and  will,  in
particular,  bring  substantial  benefits  for  Europeans,  by  improving  the
Community's position in Mexico and, consequently, within Latin America as a
whole.  This  is  in  line  with  the  conclusions  adopted  by  the  Council  of  the
European  Union  on  the  communication  from  the  Commission  on  a  new
European  Union-Latin  American  partnership  on  the  eve  of  the  21st  century
(COM (1999) 105 of 9 March 1999), the Rio Declaration by the Heads of State
or  Government  of  June 1999  and  the  contents  of  the  existing  CE-Mexico
Economic Partnership, Political Coordination and Cooperation Agreement.

In  conclusion,  this  negotiated  agreement  for  scientific  and  technological
cooperation  would  be  the  appropriate  instrument  for  expanding  and
supplementing  current  cooperation  under  the  FP6  specific  activities  for
international cooperation with developing countries.

11.

In the light of the above-mentioned considerations, the Commission proposes
that the Council

–  decide  that  the  Agreement  for  scientific  and  technological  cooperation
between the European Community and the United Mexican States be signed
on behalf of the European Community and

–  authorise the President of the Council to designate the person empowered to

sign on behalf of the European Community.

4

Proposal for a

COUNCIL DECISION

on the signing of the Agreement for scientific and technological co-operation
between the European Community and the United Mexican States

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission2,

Whereas:

(1)

(2)

The Commission has negotiated, on behalf of the Community,  an Agreement
for scientific and technological cooperation with the United Mexican States;

Subject  to  its  possible conclusion at  a later  date,  the  Agreement  initialled  on
2 April 2003 should be signed,

HAS DECIDED AS FOLLOWS:

Sole Article

Subject to a possible conclusion at a later date, the President of the Council is hereby
authorised  to  designate  the  person  empowered  to  sign,  on  behalf  of  the  European
Community,  the  Agreement  for  scientific  and  technological  co-operation  between  the
European Community and the United Mexican States.

Done at Brussels,

For the Council
The President

2

OJ C , , p. .

5

                                                
AGREEMENT

FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION

BETWEEN THE UNITED MEXICAN STATES

AND THE EUROPEAN COMMUNITY

THE  EUROPEAN  COMMUNITY,  hereinafter  referred  to  as  "the  Community",
of the one part, and

THE  UNITED  MEXICAN  STATES,  hereinafter  referred 
of the other part,

to  as  "Mexico",

hereinafter referred to as "the Parties",

CONSIDERING  the  Economic  Partnership,  Political  Coordination  and  Cooperation
Agreement between the United Mexican States and the European Community and its
Member States of 8 December 1997;

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

CONSIDERING  the  ongoing  scientific  and  technological  cooperation  between  the
Community and Mexico;

CONSIDERING that the Community and Mexico are currently pursuing research and
technological development activities, including projects as defined in Article 2(e), in
areas  of  common  interest  and  that  participation  in  each  other's  research  and
development activities on the basis of reciprocity will provide mutual benefits;

DESIRING  to  establish  a  solid  basis  for  cooperation  in  scientific  and  technological
research  which  will  extend  and  strengthen  the  cooperative  activities  in  areas  of
common interest and encourage the application of the results of  such  cooperation  to
the economic and social benefit of both Parties;

CONSIDERING  that  this  Agreement  for  scientific  and  technological  cooperation  is
part of the general cooperation between Mexico and the Community,

HAVE AGREED AS FOLLOWS:

Article 1 - Purpose

The  Parties  shall  encourage,  develop  and  facilitate  cooperative  research  and
development  activities  in  fields  of  science  and  technology  of  common  interest
between the Community and Mexico.

6

Article 2 – Definitions

For the purpose of this Agreement:

a)

b)

c)

d)

e)

f)

“cooperative  activity”  means  any  activity  which  the  Parties  undertake  or
support, pursuant to this Agreement, and includes joint research and training
of human resources;

“information”  means  scientific  or  technical  data,  results  or  methods  of
research and development  stemming  from joint  research  and  any  other  data
deemed necessary by the participants to cooperative activities, including, as
necessary, by the Parties themselves;

“intellectual  property”  shall  have  the  meaning  defined  in  Article  2  of  the
Convention establishing the World Intellectual Property Organisation, signed
in Stockholm on 14 July 1967;

research”  means 

“joint 
technological  development  and/or
demonstration projects implemented  with  or  without  financial  support  from
one  or  both  Parties  and  which  involves  collaboration  between  participants
from both the Community and Mexico;

research, 

"demonstration projects" means projects aimed at demonstrating the viability
of new technologies  which offer a potential economic  advantage  but  which
cannot  be  commercialised  without  a  prior  study  of  their  viability  on  the
market.  The  Parties  shall  keep  each  other  mutually  and  regularly  informed
about  the  joint  research  activities  in  the  context  of  the  coordination  and
facilitation of cooperative activities (Article 6);

“participant”  or  "research  entities”  means  any  physical  or  legal  person,
research  institute,  or  any  other  firm  or  legal  entity  established  in  the
Community  or  in  Mexico  involved  in  cooperative  activities,  including  the
Parties themselves.

Article 3 -Principles

Cooperative activities shall be conducted on the basis of the following principles:

a)

b)

c)

d)

mutual benefit based on an appropriate balance of advantages;

reciprocal  opportunities  to  participate  in  the  research  and  technological
development activities undertaken by each Party;

timely exchange of information which may affect cooperative activities;

within  the  framework  of  the  applicable  laws  and  regulations,  effective
protection  of  intellectual  property  and  equitable  sharing  of  intellectual
property rights, in accordance with the Annex on intellectual property rights,
which forms an integral part of this Agreement.

7

Article 4 - Areas of cooperative activities

a)

Cooperation  under  this  Agreement  may  cover  all  the  activities  on  research,
technological  development,  demonstration  and  high-level  scientific  and
technological training, hereinafter referred to as “RTD”, included in the RTD
Framework Programme of the European Community, including fundamental
research. The abovementioned activities must be directed towards promoting
scientific  progress,  industrial  competitiveness  and  economic  and  social
development, in particular in the following areas:

–  research on the environment and climate, including Earth observation,

–  biomedical and health research,

–  agriculture, forestry and fisheries,

–  industrial and manufacturing technologies,

–  research on electronics, materials and metrology,

–  non-nuclear energy,

–  transport,

–  information society technologies,

–  research on economic and social development,

–  biotechnologies,

–  aeronautics and space research and applied research; and

–  science and technology policy.

b)

Other  areas  of  cooperation  may  be  added  to  this  list  subject  to  prior
examination  and  recommendation  by  the  Joint  Committee  referred  to  in
Article 6, in accordance with the procedures in force for each party, together
with  all  similar  RTD  activities  undertaken  in  Mexico  in  the  corresponding
fields.

This Agreement does not affect the participation of Mexico, as a developing country,
in Community activities in the field of research for development.

Article 5 - Forms of cooperative activities

a)

The  Parties  shall  foster  the  participation  of  institutes  of  higher  education,
research  and  development  centres  and  research  and  development  entities  in
cooperative activities under this Agreement in conformity with their internal
policies  and  regulations,  with  a  view  to  providing  opportunities  for
participation  in  their  scientific  and  technological  research  and  development
activities.

8

b)

Cooperative activities may take the following forms:

–  establishment  of  networks  and  long-term  institutional  alliances  between
research  centres  and  research  and  technology  institutes  and  joint
implementation of projects of common interest;

–  implementation of RTD projects between research and business centres in

Mexico and Europe, including technology-based undertakings;

–  participation  of  Mexican  research  institutes  in  RTD  projects  under  the
existing  Framework  Programme  and  reciprocal  participation  of  research
institutes  established  in  the  Community  in  Mexican  projects  in  similar
fields  of  RTD.  Such  participation  shall  be  subject  to  the  rules  and
procedures applicable in the RTD programmes of each Party;

–  visits  and  exchanges  of  scientists,  RTD  policy-makers  and  technical

experts, including scientific training through research;

–  joint  organisation  of  scientific  seminars,  conferences,  workshops  and

symposia, as well as participation of experts in such activities;

–  exchanges and sharing  of  equipment  and  materials,  including  shared  use

and/or loans of laboratory infrastructure and equipment;

–  exchanges  of 

information  on  procedures, 

regulations  and
programmes relevant to cooperation under this Agreement,  exchanges of
experience and studies on best practice on science and technology policy;

laws, 

–  any other form recommended by the Steering Committee, as provided for
in  Article 6(b),  and  considered to be  in  conformity  with  the  policies  and
procedures applicable in both Parties.

Joint  RTD  projects  shall  be  implemented  when  the  participants  have  developed  a
technology management plan, as indicated in the Annex to this Agreement.

Article 6 - Coordination and facilitation of cooperative activities

a)

b)

For  the  purposes  of  this  Agreement,  the  Parties  appoint  the  following
authorities, acting as executive agents, for the coordination and facilitation of
cooperative  activities:  on  behalf  of  the  United  Mexican  States,  el  Consejo
Nacional  de  Ciencia  y  Tecnología  [National  Science  and  Technology
Council]  and,  on  behalf  of  the  Community,  the  representatives  of  the
European Commission.

The  co-signatory  executive  agents  shall  establish  a  bilateral  RTD
Cooperation  Steering  Committee,  hereinafter  referred  to  as  the  “Steering
Committee”,  for  the  management  of  this  Agreement;  this  Committee  shall
consist of a similar number of official representatives of each Party; it shall
establish its own rules of procedure.

9

c)

The functions of the Steering Committee shall include:

1.

2.

3.

4.

5.

6.

7.

promoting  and  overseeing  the  different  cooperative  activities  referred
to  in  Article  4  of  this  Agreement  as  well  as  those  that  could  be
implemented  in  the  framework  of  RTD  cooperation  for  development
and any others which arise in the future;

identifying,  pursuant  to  the  first  indent  of  Article  5(b),  among  the
potential  sectors  for  RTD  cooperation,  those  priority  sectors  or
subsectors of mutual interest in which cooperation is sought;

promoting, pursuant to the second indent of Article 5(b), together with
the scientific communities of the two Parties, identification of projects
which would be of mutual benefit, complementary and/or priorities;

making recommendations, pursuant to the fifth indent of Article 5(b);

advising the Parties on ways to enhance and improve cooperation and
dissemination  thereof  consistent  with  the  principles  set  out  in  this
Agreement;

monitoring and reviewing the efficient functioning and implementation
of this Agreement;

providing an annual report to the Parties on the status, the level reached
and the effectiveness of cooperation undertaken under this Agreement.
This report shall be submitted to the Joint Committee established under
the Association Agreement of 8 December 1997.

The Steering Committee shall, as a general rule, meet once a year, preferably
before the meeting of the Joint Committee established under the Association
Agreement,  according  to  a  jointly  agreed  schedule,  and  shall  report  to  the
Joint  Committee;  the  meetings  shall  be  held  alternately  in  the  Community
and  in  Mexico.  Extraordinary  meetings  may  be  organised  at  the  request  of
either Party.

Each  Party  shall  bear  the  costs  of  its  participation  in  the  meetings  of  the
Steering  Committee.  Costs  other  than  those  for  travel  and  accommodation
which are directly associated with meetings of the Steering Committee shall
be borne by the host Party.

Article 7 - Funding

Cooperative  activities  shall  be  subject  to  the  availability  of  appropriated
funds and to the applicable laws, regulations, policies and programmes of the
Parties.  Costs  incurred  by  the  participants  in  cooperative  activities  shall,  in
principle, give rise to no transfer of funds from one Party to the other.

d)

e)

a)

10

b)

When  cooperative  schemes  of  one  Party  provide  for  financial  support  to
participants  from  the  other  Party,  any  such  grants,  financial  or  other
contributions  shall  be  granted  free  of  tax  and  customs  duties  in  accordance
with the laws and regulations applicable in the territories of each Party.

Article 8 - Entry of personnel and equipment

Each  Party  shall  take  all  necessary  steps  and  provide  the  necessary  facilities  for
participants officially involved in cooperative activities under this Agreement to enter,
stay in and leave its  territory.  They shall also make the  efforts  necessary  to  provide
the  necessary  facilities,  in  the  national  migration,  tax,  customs,  health  and  safety
regulations  in  force  in  the  receiving  country,  for  the  material,  data  and  equipment
used in the activities covered by the Agreement.

Article 9 - Dissemination and use of information

The research entities established in Mexico which are involved  in  Community RTD
projects  shall  follow,  as  regards  the  ownership,  dissemination  and  utilisation  of
information and as regards the intellectual property stemming from this involvement,
the rules on dissemination of research results stemming from the specific Community
RTD  programmes  as  well  as  the  provisions  in  the  Annex  to  this  Agreement.  The
research entities established in the Community which are involved in Mexican RTD
projects  shall  have,  as  regards  the  ownership,  dissemination  and  utilisation  of
information and as regards the intellectual property stemming from this involvement,
the same rights and the same obligations as the Mexican research entities and shall be
subject to the provisions in the Annex to this Agreement.

Article 10 - Territorial application

This  Agreement  shall  apply,  on  the  one  hand,  to  the  territories  in  which  the  Treaty
establishing the European Community applies and under the conditions laid down in
that Treaty and, on the other hand, to the territory of Mexico.

Article 11 - Entry into force, termination and dispute settlement

a)

b)

c)

This  Agreement  shall  enter  into  force  on  the  date  of  the  last  written
communication  by  which  the  Parties  notify  each  other  that  their  respective
internal procedures necessary for its entry into force have been completed.

This  Agreement  shall  be  concluded  for  an  initial  period  of  five  years  and
may be tacitly renewed after full evaluation, based on the results, during the
penultimate year of each successive five-year period.

This  Agreement  may  be  amended  by  decision  of  the  Parties.  Amendments
shall enter into force under the same conditions as defined in paragraph (a).

11

d)

e)

This  Agreement  may  be  terminated  at  any  time  by  either  Party  upon  six
months’  written  notice  to  the  other  Party  through  diplomatic  channels.  The
expiration  or  termination  of  this  Agreement  shall  not  affect  the  validity  or
duration  of  any  arrangements  made  under  it,  or  any  specific  rights  and
obligations that have accrued in compliance with the Annex.

All  questions  or  disputes  related  to  the  interpretation  or  implementation  of
this Agreement shall be settled by mutual agreement between the Parties.

In witness whereof, the undersigned, being duly authorised thereto, have signed this
Agreement.

Done at Brussels on …. in two copies, in the Danish, Dutch, English, Finnish, French,
German, Greek, Italian, Portuguese, Spanish and Swedish languages, each text being
equally  authentic.  The  English  version  will  prevail  whenever  there  is  a  divergent
interpretation between these texts.

For the United Mexican States

For the European Community

Jaime Parada Avila,

Director-General

Consejo Nacional de Ciencia y Tecnología

12

ANNEX

INTELLECTUAL PROPERTY RIGHTS

This  Annex  is  an  integral  part  of  the  "Agreement  for  scientific  and  technological
cooperation  between  the  European  Community  and  the  United  Mexican  States",
hereinafter referred to as "the Agreement".

Rights  to  intellectual  property  created  or  furnished  under  the  Agreement  shall  be
allocated as provided in this Annex.

I.

APPLICATION

This  Annex  is  applicable  to  joint  research  undertaken  pursuant  to  the  Agreement,
except as otherwise agreed by the Parties.

II.

1.

OWNERSHIP, ALLOCATION AND EXERCISE OF RIGHTS

This Annex addresses the allocation of rights and interests of the Parties and
their participants. Each  Party and its participants shall  ensure  that  the  other
Party  and  its  participants  may  obtain  the  rights  to  intellectual  property
allocated to it in accordance with this Annex. This Annex does not otherwise
alter  or  prejudice  the  allocation  of  rights,  interests  and  royalties  between  a
Party and its nationals or participants, which shall be determined by the laws
and practices applicable to each Party.

2.

The  Parties  shall  also  be  guided  by,  and  contractual  arrangements  shall
provide for, the following principles:

a)

b)

c)

effective  protection  of  intellectual  property.  The  Parties  shall  ensure
that  they  and/or  their  participants  notify  one  another  within  a
reasonable  time  of  the  creation  of  any  intellectual  property  arising
under  the  Agreement  or  implementation  arrangements  and  seek
protection for such intellectual property in a timely fashion;

effective  exploitation  of  results,  taking  into  account  the  contributions
of  the Parties and  their participants and the provisions of Article  9  of
the Agreement;

non-discriminatory  treatment  of  participants  from  the  other  Party  as
compared  with  the  treatment  given  to  its  own  participants  without
prejudice to Article 9 of the Agreement;

d)

protection of business-confidential information.

3.

The Parties or participants shall  jointly  develop  a  Technology  Management
Plan  (TMP)  in  respect  of  the  ownership  and  use,  including  publication,  of
information  and  intellectual  property  to  be  created  in  the  course  of  joint
research. The TMP shall be approved by the responsible funding  agency  or
other relevant agencies involved in financing the technology, taking account

13

of  the  opinion  of  the  Steering  Committee,  before  the  conclusion  of  the
corresponding  specific  research  and  development  cooperation  contracts  of
research  institutes.  The  TMP  shall  be  developed  within  the  rules  and
regulations  in  force  in  each  Party  taking  into  account  the  aims  of  the  joint
research, the financial or other contributions of the  Parties and participants,
the  advantages  and  disadvantages  of  licensing  by  territory  or  for  fields  of
use,  the  transfer  of  export-controlled  data,  goods  or  services,  requirements
imposed  by  applicable  laws  and  other  factors  deemed  appropriate  by  the
participants. The rights and obligations concerning the research generated by
visiting researchers in respect of intellectual property shall also be addressed
in the joint technology management plans.

With respect to intellectual property, the TMP shall normally address, among
other things, ownership, protection, user rights for research and development
purposes,  exploitation  and  dissemination,  including  arrangements  for  joint
publication,  the  rights  and  obligations  of  visiting  researchers  and  dispute
settlement  procedures.  The  TMP  may  also  address  general  and  specific
information, licensing and deliverables.

Information  or  intellectual  property  created  in  the  course  of  joint  research
and  not  addressed  in  the  TMP  shall  be  allocated,  with  the  approval  of  the
Parties,  according  to  the  principles  set  out  in  the  TMP.  In  case  of
disagreement,  such  information  or  intellectual  property  shall  be  owned
jointly by  all  the  participants  involved  in  the  joint  research  from  which  the
information  or  intellectual  property  results.  Each  participant  to  whom  this
provision applies shall have the right to use such information or intellectual
property  for  his  own  commercial  exploitation  with  no  geographical
limitation.

Each  Party  shall  ensure  that  the  other  Party  and  its  participants  have  the
rights  to  intellectual  property  allocated  to  them  in  accordance  with  these
principles.

While  maintaining  the  conditions  of  competition  in  areas  affected  by  the
Agreement,  each  Party  shall  endeavour  to  ensure  that  rights  acquired
pursuant to the Agreement and arrangements made under it are exercised in
such a way as to encourage, in particular:

i)

the  dissemination  and  use  of  information  created,  disclosed  or
otherwise made available, under the Agreement, and

ii)

the adoption and implementation of international standards.

4.

5.

6.

7.

Termination or expiry of the Agreement shall not affect rights or obligations
in accordance with this Annex.

14

III.

COPYRIGHT WORKS AND SCIENTIFIC LITERARY WORKS

Copyright belonging to the Parties or to their participants shall be accorded treatment
consistent  with  the  Berne  Convention  (Paris  Act  1971).  The  copyright  shall  protect
the expressions but not the ideas, procedures, methods of operation or mathematical
concepts  as  such.  Limitations  or  exceptions  to  exclusive  rights  may  be  introduced
only in certain special cases which do not obstruct normal exploitation of results nor
unduly endanger the legitimate interests of the right-holder.

Without  prejudice  to  Section  II,  and  unless  otherwise  agreed  in  the  TMP,  results  of
joint research shall be published jointly by the Parties or participants. Subject to the
foregoing general rule, the following procedures shall apply:

1.

2.

3.

In  the  case  of  publication  by  a  Party  or  public  bodies  of  that  Party  of
scientific  and  technical  journals,  articles,  reports,  books,  including  videos
and software arising from joint research pursuant to the Agreement, the other
Party  shall  be  entitled 
irrevocable,
royalty-free  licence  to  translate,  reproduce,  adapt,  transmit  and  publicly
distribute such works.

to  a  worldwide,  non-exclusive, 

The  Parties  shall  ensure  that  literary  works  of  a  scientific  character  arising
from joint research pursuant to the Agreement and published by independent
publishers shall be disseminated as widely as possible.

All copies of a copyright work to be publicly distributed and prepared under
this provision shall indicate the names of the author(s) of the work unless an
author  explicitly  declines  to  be  named.  Copies  shall  also  bear  a  clearly
visible acknowledgement of the cooperative support of the Parties.

IV.

INVENTIONS,  DISCOVERIES  AND  OTHER  SCIENTIFIC  AND  TECHNOLOGICAL
ACHIEVEMENTS

Inventions,  discoveries  and  other  scientific  and  technological  achievements  arising
from  cooperative  activities  between  the  Parties  themselves  shall  be  owned  by  the
Parties unless otherwise agreed by the Parties.

V.

A.

1.

UNDISCLOSED INFORMATION

Documentary undisclosed information

Each Party, its agencies or its participants, as appropriate, shall identify at the
earliest possible moment, and preferably in the TMP, the information which
they  wish  to  remain  undisclosed  in  relation  to  the  Agreement,  taking  into
account, inter alia, the following criteria:

a)

secrecy of the information in the sense that it is not, as a body or in the
precise configuration or assembly of its components, generally known
among or readily accessible by lawful means to experts in the fields;

15

b)

c)

the actual or potential commercial value of the information by virtue of
its secrecy;

previous  protection  of  the  information  in  the  sense  that  it  has  been
subject  to  steps  that  were  reasonable  under  the  circumstances  by  the
person lawfully in control, to maintain its secrecy.

The  Parties  and  their  participants  may  in  certain  cases  agree  that,  unless
otherwise  indicated,  parts  or  all  of  the  information  provided,  exchanged  or
created in the course of joint research pursuant to the Agreement may not be
disclosed.

Each Party shall ensure that it and its participants clearly identify undisclosed
information, for example by means of  an appropriate  marking or  restrictive
legend.  This  also  applies  to  any  reproduction  of  the  said  information,  in
whole or in part.

Any Party receiving undisclosed information pursuant to the Agreement shall
respect  the  privileged  nature  thereof.  These  limitations  shall  automatically
terminate  when  this  information  is  disclosed  by  the  owner  into  the  public
domain.

Undisclosed  information  communicated  under  this  Agreement  may  be
disseminated by the receiving Party to persons linked to or employed by the
receiving Party and other concerned departments or agencies in the receiving
Party  authorised  for  the  specific  purposes  of  the  joint  research  under  way,
provided that any undisclosed information so disseminated shall be pursuant
to an agreement of confidentiality and shall be readily recognisable as such,
as set out above.

the  Party  providing  undisclosed
With  the  prior  written  consent  of 
information, 
the  receiving  Party  may  disseminate  such  undisclosed
information more widely than otherwise permitted in paragraph 3 above. The
Parties shall cooperate in developing procedures for requesting and obtaining
prior written consent for such wider dissemination, and each Party shall grant
such  approval  to  the  extent  permitted  by  its  domestic  policies,  regulations
and laws.

2.

3.

4.

B.

Non-documentary undisclosed information

Non-documentary undisclosed or other confidential information provided in seminars
and  other  meetings  arranged  under  the  Agreement,  or  information  arising  from  the
attachment of staff, use of facilities, or participation in joint projects, shall be treated
by  the  Parties  or  their  participants  according  to  the  principles  specified  for
documentary information in the Agreement, provided, however, that  the  recipient of
such undisclosed or other confidential or privileged information has been made aware
of the confidential character of the information at the time it was communicated.

16

C.

Control

Each  Party  shall  endeavour  to  ensure  that  undisclosed  information  received  by  it
under  the  Agreement  shall  be  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  of  sections  A  and  B,  it  shall  immediately
inform  the  other  Party.  The  Parties  shall  thereafter  consult  to  define  the  most
appropriate course of action.

For the United Mexican States

For the European Community

Jaime Parada Avila,
Director-General
Consejo Nacional de Ciencia y Tecnología

17

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): RTD

Activity: International S&T cooperation

TITLE OF ACTION: PROPOSAL FOR A COUNCIL DECISION ON THE SIGNING OF THE AGREEMENT
FOR  SCIENTIFIC  AND  TECHNOLOGICAL  COOPERATION  BETWEEN  THE  EUROPEAN
COMMUNITY AND THE UNITED MEXICAN STATES

1.

BUDGET LINE(S) +HEADINGS

1.1.

Relevant budget headings

the costs associated with the activities of monitoring and implementing the agreement will be
charged  to  the  specific  budget  headings  of  the  programmes  within  the  Community  RTD
Framework  Programme  (chapter  B6-6013:  other  management  expenditure  in  the  field  of
RTD).

2.

OVERALL FIGURES

2.1.

Method of calculating the total annual cost of the operation (estimate)

a.

Preparatory  activities,  review  of  the  co-operation  activities:  meetings  of  the
Steering  Committee  on  Science  and  Technology  Co-operation,  exchange  of
information, visits of officials and experts to Mexico

40.000 €

b.

Scientific and technical workshops/meetings:

60.000 €

TOTAL : 100.000 €/Year

3.

BUDGET CHARASTERISTICS

Type of expenditure

New

EFTA
contributio
n

Contributi
on from
applicant
Countries

Heading in financial
perspectives

Non-comp

Diff

No

Yes

Yes

Nr. 3

4.

LEGAL BASIS

–  With  legal  basis.  -[Multi-annual  programme  –  Codecision  (with  privileged  financial

reference)].

4.1.

Titles and reference

–  Treaty establishing the European Community, in particular Article 170 (2), in conjunction

with the first sentence of the first subparagraph of Article 300 (2).

18

–  Decision  Nr.  1513/2002/EC  of  the  European  Parliament  and  the  Council  concerning  the
sixth  framework  programme  of  the  European  Community  for  research,  technological
development and demonstration activities (2002-2006).

5.

DESCRIPTION AND GROUNDS

5.1.

Need for Community intervention

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

5.1.1. Objectives pursued

The essential objective is to stimulate RTD co-operation between the EC and Mexico in the
areas covered by the Framework Programmes.

–  the agreement is designed to enable the Community and Mexico to profit, on the basis of
the principle of mutual benefit, from the scientific and technical progress achieved under
their  reciprocal  research  programmes,  via  the  participation  of  the  Mexican  scientific
community  and  industrial  sector  in  the  Community's  research  projects  and  via  the
independent  and  non  subsidised  participation  of  bodies  established  in  the  Community  in
Mexican projects;

–  beneficiaries in the EC and Mexico will be scientific communities, the industrial sector and

the general public, thanks to the direct and indirect effects of co-operation.

5.1.2. Duration

This  Agreement  shall  be  concluded  for  an  initial  period  of  five  years  and  may  be  tacitly
renewed  after  full  evaluation,  based  on  the  results,  during  the  penultimate  year  of  each
successive five-year period.

5.2.

Actions envisaged and budget intervention arrangements

5.2.1.

Type of expenditure

100  %  subsidy  (Missions  to  Mexico  by  Commission  officials  and  experts;  organisation  of
workshops, seminars and meetings in the European Community and in Mexico).

19

6.

6.1.

FINANCIAL IMPACT

Operational  expenses  of  administrative  and  technical  type  included  in  Part  B
(for the whole period)

6.1.1.

Expenses for managing the decision (estimate)

Indicative breakdown, amounts (expressed in millions of euros)

Commitments

Payments

2003

2004

2005

2006

0.10

0.10

0.10

0.10

0.10

0.10

0.10

0.10

7.

FOLLOW-UP AND EVALUATION

7.1.

Follow-up arrangements

The  Cooperation  Agreement  will  be  regularly  monitored  by  the  relevant  Commission
departments. This monitoring will be carried out through collection of information based on
the data from the specific programmes of the framework programmes.

7.2

General assessment of the operation

An  evaluation  of  all  the  cooperation  activities  under  this  Agreement  will  be  made  by  the
Commission's departments at the end of each year.

8.

PLANNED ANTI-FRAUD MEASURES

Numerous administrative and financial controls are foreseen at each stage of the co-operation
activities in the context of this agreement. This concerns in particular:

–  checks on different levels of the cost statements before payment (financial, scientific and

technical control)

–  internal audit by the audit service

–  controls  (including  inspections  done  at  the  place  of  work)  by  the  audit  service  of  the

Commission and by the EU Court of Auditors.

20