Proposal for a Council Decision on the conclusion of the Agreement on scientific and technological cooperation between the European Community and the Kingdom of Morocco
Date: 2003-09-19
Institutions: European Commission
Subjects: Morocco, cooperation agreement (EU), scientific cooperation, technological change

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.09.2003
COM(2003) 551 final

2003/0211 (CNS)

Proposal for a

COUNCIL DECISION

on the conclusion of the Agreement on scientific and technological cooperation between
the European Community and the Kingdom of Morocco

(presented by the Commission)

1. 

2. 

3. 

4. 

5. 

EXPLANATORY MEMORANDUM

The  Euro-Mediterranean  Agreement  establishing  an  association  between  the
European Communities and their Member States, of the one part, and the  Kingdom
of Morocco, of the other part, entered into force on 1 March 2000. Article 47 of this
Agreement identifies scientific and technological cooperation as an area of particular
interest  and  potential,  and  provides,  amongst  other  things,  for  the  establishment  of
permanent links between the parties' scientific communities.

In the context of the implementation of an ambitious international dimension for the
European Research Area (see Commission communication COM(2001) 346 final of
25  June  2001,  "The  International  Dimension  of  the  European  Research  Area"),  the
Commission  underlined  the  need  to  strengthen  relations  with  the  Mediterranean
partner  countries  in  the  fields  of  science,  technology  and  innovation  in  order  to
promote the socio-economic progress of the whole Euro-Mediterranean area.

The  Secretary  of  State  for  Scientific  Research  of  the  Kingdom  of  Morocco  sent  a
letter to Commissioner Philippe Busquin  on  28 May  2002 in  which  he  reported  on
Morocco's progress in the field of RTD and, referring to the conclusions of the last
meeting  of  the  Morocco-EU  Association  Committee,  asked  for  an  Agreement  on
scientific  and  technological  cooperation  to  be  negotiated  with  the  Community  in
order to supplement and strengthen cooperation undertaken to date.

This  request  was  made  during  the  visit  of  the  Secretary  of  State  for  Scientific
Research, Mr Omar Fassi Fehri, to Commissioner Philippe Busquin on 27 June 2002.
This visit was followed by a meeting of experts on 28 June 2002 in Brussels, during
which  Morocco's  participation  in  the  fifth  and  forthcoming  sixth  FPRD  was
examined,  as  well  as  the  possibility  of  financing  the  development  of  research
capacities  and  the  implementation  of  a  study  to  evaluate  the  Moroccan  national
research system with the support of DG Research. In conclusion, it would be fully in
the  interest  of  the  Community  to  respond  positively  to  Morocco's  request  and  an
Agreement  on  scientific  and  technological  cooperation  would  be  the  appropriate
instrument  for  supplementing  current  cooperation  and  expanding  it  at  international
and regional level.

Consequently,  on  14 November 2002  DG RTD  initiated  a  procedure  aimed  at
obtaining  a  negotiating  mandate  for  this  Agreement  on  scientific  and  technological
the  Council  a
cooperation.  On  12 March 2003, 
recommendation for the adoption of a negotiating mandate and on 14 April 2003 the
Council adopted  a decision authorising  the Commission  to  negotiate  an  Agreement
on scientific and technological cooperation with the Kingdom of Morocco.

the  Commission  sent 

to 

The  Agreement  was  negotiated  in  accordance  with  the  directives  attached  to  the
Council Decision  of  14 April 2003.  The  negotiations  culminated  in  the  draft
Agreement  and annexes attached hereto,  which  were  initialled on  24 April 2003  by
the authorised representatives of the two parties.

On 21 May 2003, the Commission submitted to the Council a proposal for a Council
Decision  authorising  the  signing  of  the  abovementioned  agreement.  The  Council
adopted this decision on 16 June 2003 and the attached agreement and the  annexes
thereto were signed on 26 June 2003 in Thessaloniki.

2

6. 

7. 

8. 

9. 

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
draft Agreement, non-discrimination, the effective protection of intellectual property
and equitable sharing of intellectual property rights.

This Agreement will enable legal entities of the Kingdom of Morocco to participate
in  all  the  indirect  activities  of  the  specific  programmes  SP1  and  SP2  of  the  6th
Framework  Programme  in  accordance  with  the  participation  rules  decided  upon  by
the Council and the European Parliament (Article 167).

It  also  provides  for  the  organisation  and  extension  of  scientific  and  technological
cooperation  between  the  European  Union  and  Morocco  through  appropriate  ways
and  means.  The  coordination  and  promotion  of  the  activities  covered  by  this
agreement  will  be  the  responsibility  of  the  EC-Morocco  Joint  Scientific  and
Technical Cooperation Committee composed of representatives of both parties. This
Joint  Committee  will  monitor  the  implementation  and  evaluate  the  impact  of  the
agreement, and propose any appropriate measure aimed at improving and developing
scientific and technological cooperation.

Lastly, the Agreement will be concluded for an unlimited period, with the result that
it can be implemented on the basis of several Community research and technological
development programmes.

The dissemination and utilisation of information and the management, allocation and
exercise  of  intellectual  property  rights  arising  from  the  joint  research  carried  out
under  the  Agreement  will  be  subject  to  the  conditions  set  out  in  Annex  II  to  the
Agreement  ("Intellectual  property  rights"),  which  is  an  integral  part  of  the
Agreement.

In the light of  the  above  considerations, the Commission proposes that the  Council
should:

–  approve  on  behalf  of  the  European  Community;  and  after  consultation  of  the
European Parliament, the Agreement on  scientific and technological cooperation
between the European Community and the Kingdom of Morocco

–  notify  the  Moroccan  authorities  that  the  procedures  necessary  for  the  entry  into

force of the Agreement have been completed by the European Community.

3

2003/0211 (CNS)

Proposal for a

COUNCIL DECISION

on the conclusion of the Agreement on scientific and technological cooperation between
the European Community and the Kingdom of Morocco

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament2,

Whereas

(1) 

(2) 

The  Commission  has  negotiated,  on  behalf  of  the  Community,  an  Agreement  on
scientific and technological cooperation with the Kingdom of Morocco;

The  Agreement  was  signed  on  behalf  of  the  Community  on  26  June  2003  in
Thessaloniki, subject to possible conclusion at a later date;

(3) 

The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The  Agreement  for  scientific  and  technological  cooperation  between  the  European
Community and the Kingdom of Morocco is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

1

2

OJ C […], […], p.[…]
OJ C […], […], p.[…]

4

                                                
Article 2

The President of the Council shall, acting on behalf of the Community, give the notification
provided for in Article 7 of the Agreement.

Done at Brussels,

For the Council
The President

5

AGREEMENT

ON SCIENTIFIC AND TECHNICAL COOPERATION

BETWEEN THE EUROPEAN COMMUNITY

AND THE KINGDOM OF MOROCCO

The European Community (hereinafter "the Community"), of the one part,

and

The Kingdom of Morocco (hereinafter "Morocco"), of the other part,

hereinafter referred as the "Parties",

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

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 
technological  development  and  demonstration  activities,
contributing to the creation of the European Research Area and to innovation (2002 to 2006)3;

research, 

for 

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 Communities and their Member States, of
the one part, and the Kingdom of Morocco , of the other part, which entered into force on 1
March 20004;

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 application of the results of such cooperation
to the economic and social benefit of both Parties;

CONSIDERING the desire to open up the European Research Area5, to third countries, and in
particular the Mediterranean partner countries,

Have agreed as follows:

3

4

5

OJ L 232, 29.8.2002.
OJ L 70, 18.3.2000.
COM(2001) 346 final, 25.6.2001.

6

                                                
1.

2.

1.

2.

Article 1 - Purpose and principles

The  parties  shall  encourage,  develop  and  facilitate  cooperative  scientific  and
technological activities between  the  Community  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  basis  of  the  following
principles:

–  promotion  of  a  knowledge-based  society  for  the  benefit  of  the  economic  and

social development of the two parties;

–  mutual benefit based on an overall balance of advantages;

–  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;

–  timely exchange of information which may affect cooperative activities;

–  appropriate protection of intellectual property rights.

Article 2 - Terms of cooperation

Moroccan legal entities, both public and private, shall participate in indirect actions
under the European Community Framework Programme for research,  technological
development  and  demonstration  activities  contributing  towards  the  creation  of  the
European Research Area, hereinafter  "the  Framework Programme", under the  same
conditions  as  those  applicable  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.

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.

3.

Cooperation may also take the following forms and means:

–  joint meetings;

–  regular  discussions  on  the  guidelines  and  priorities  for  research  policies  and

planning in Morocco and in the Community;

–  exchanges of views and consultation on cooperation and development prospects;

–  timely provision of information concerning the implementation and results of joint
research programmes and projects of Morocco and of the Community undertaken
with the framework of this Agreement;

7

–  visits  and  exchanges  of  researchers,  engineers  and  technicians,  including  for  the

purposes of research training;

–  exchanges and sharing of scientific equipment and materials;

–  regular  contacts  between  Moroccan  and  Community  research  programme  or

project managers;

–  participation  of  experts  of  both  Parties  in  thematic  seminars,  symposiums  and

workshops;

–  exchanges  of  information  on  practices,  laws,  regulations  and  programmes

concerning cooperation under this Agreement;

–  reciprocal  access  to  scientific  and  technical  information  concerned  by  this

cooperation;

–  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 procedures applicable in both parties.

Article 3 -Enhancement of cooperation

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
participating  in  the  activities  covered  by  this  Agreement  and  to  facilitate  the  entry
into and exit from their territories of materials, data or equipment intended for use in
these activities.

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.

Article 4 - Management of the Agreement

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 and on behalf of the Community by the services of the European
Commission  responsible  for  the  Framework  Programme  acting  as  executive  agents
for the parties (hereinafter "the executive agents").

The  executive  agents  shall  set  up  an  EC-Morocco  Joint  Scientific  and  Technical
Cooperation Committee with responsibility for:

1.

2.

1.

2.

–  monitoring the implementation and evaluating the impact of this Agreement, and
the

propose  any  revisions 
accomplishment by each Party of its own procedures for the purpose;

it  which  may  be  necessary,  subject 

to 

to 

8

3.

4.

–  to propose any appropriate measure aimed at improving and developing scientific

and technological cooperation under this Agreement;

–  regularly  examining  the  guidelines  and  priorities  of  Moroccan  and  Community
research policies and planning and the prospects for future cooperation under this
Agreement.

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

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
recommendations  of 
the  EC-Morocco  Scientific  and  Technical  Cooperation
Committee  shall  be  sent,  for  information,  to  the  Association  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  conditions  set  out  in  Annex I  and  shall  be  subject  to  the  legislation,
regulations, policies and conditions governing the implementation of the programmes in force
on the territory of each Party.

Article 6 - 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.

1.

Annexes I and II shall form an integral part of this Agreement.

Article 7- Final provisions

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

2.

This Agreement shall enter into force on the date on 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

9

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.

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

If  one  of  the  Parties  decides  its  research  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 amendments in question.

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

This Agreement shall apply, on  the one hand, to the  territories in which the Treaty
establishing the European Community 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 cooperative activities on the high seas, in
space, or on the territory of third countries in accordance with international law.

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

3.

4.

5.

Done at

on

For the Government of the

For the European Community

Kingdom of Morocco

10

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.

1.

2.

3.

II.

1.

6

TERMS  AND  CONDITIONS  FOR  THE  PARTICIPATION  OF  LEGAL  ENTITIES
ESTABLISHED  IN  MOROCCO  IN  INDIRECT  ACTIONS  UNDER  THE  EC  RESEARCH
FRAMEWORK PROGRAMME

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 Programme6.

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

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.

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.

TERMS AND CONDITIONS FOR THE PARTICIPATION OF LEGAL ENTITIES OF MEMBER
STATES  OF  THE  EUROPEAN  UNION  IN  MOROCCO'S  RESEARCH  PROGRAMMES  AND
PROJECTS

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.

Cf.  for 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).

11

                                                
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  programme  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 entities established in the European Community to participate
in its research and development projects and programmes.

12

ANNEX II

Principles concerning the allocation of intellectual property rights

I.

APPLICATION

For the purposes of this  Agreement,  "intellectual property" shall have the meaning  given  in
Article 2 of the Convention 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.

1.

2.

3.

4.

7

INTELLECTUAL PROPERTY RIGHTS OF LEGAL ENTITIES OF THE PARTIES

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 participation, 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 (Stockholm Act 1967).

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  Community  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 Community7 and the contract
concluded  with  the  Community  for  the  implementation  of  the  indirect  action,  such
rights and obligations being in compliance with paragraph 1.

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.

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

Cf.  for 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).

13

                                                
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, paragraphs 1 and 2 of this Agreement:

a)

b)

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.

The  Party  owning  the  knowledge  shall  grant  access  rights  to  it  to  the  other
Party for carrying out activities referred to in Article 2, paragraphs 1 and 2 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.

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  disseminate  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  dissemination,  and  each  Party  will  provide  such  approval  to  the
extent permitted by its domestic policies, regulations 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 attachment of staff, use
of  facilities  or  the  carrying-out  of  indirect  actions,  shall  remain  confidential
where  the  recipient  of  such  undisclosed  or  other  confidential  or  privileged

14

information  was  made  aware  of  the  confidential  character  of  the  information
communicated  at  the  time  such  communication  was  made,  according  to
paragraph 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.

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LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): RTD

Activity: International S&T cooperation

TITLE  OF  ACTION:  PROPOSAL  FOR  A  COUNCIL  DECISION  ON  THE  CONCLUSION  OF  AN
AGREEMENT  ON  SCIENTIFIC  AND  TECHNOLOGICAL  COOPERATION  BETWEEN  THE
EUROPEAN COMMUNITY AND THE KINGDOM OF MOROCCO

1.

1.1

BUDGET HEADING(S) + TITLE(S)

Relevant budget heading(s)

The costs associated  with the activities  of  monitoring  and  implementing  the  agreement  will be
charged  to  the  specific  budget  headings  of  the  programmes  under  the  Community  RTD
framework programme (Chapter B6-6013).

2.

OVERALL FIGURES

2.1.

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

a.

Preparatory activities and review of cooperation activities: meetings of the steering
committee on S&T cooperation, exchanges of information, coordination activities, visits
to Morocco by officials and experts:

40 000 €

b.

Scientific and technical workshops/meetings:

60 000 €

TOTAL : 100 000 €/year

3.

BUDGET CHARACTERISTICS

Type of expenditure

New

EFTA
contribution

Contribution
from
candidate
countries

Heading in Financial
Perspective

Non-comp

Diff

NO

YES

YES

No 3

4.

LEGAL BASIS

–  Articles 170 and 300 of the EC Treaty

4.1

Title and reference

–  Treaty establishing the European Community,  in  particular  Article  170,  in  conjunction  with

Article 300.

–  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,

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technological  development  and  demonstration  activities,  contributing  to  the  creation  of  the
European Research Area and to innovation (2002 to 2006).

5.

DESCRIPTION AND GROUNDS

5.1.

Need for Community intervention

Community  funding  is  indispensable  as  this  cooperation  agreement  will  contribute  to  the
implementation  of  the  Framework  Programme,  as  well  as  the  budget  heading  covering
administrative  expenditure  borne  by  the  Community  (missions  by  experts  and  EU  officials),
organisation of workshops, seminars and meetings in the European Community and Morocco.

5.1.1

Objectives pursued

The main objective is to stimulate cooperation between the European Community and Morocco
in the areas covered by the RTD framework programmes:

–  the agreement is designed to enable the Community and Morocco 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  Moroccan  scientific
community  and  Moroccan  industry  in  Community  research  projects  and  independent
participation, without funding, by bodies established in the Community in Moroccan projects;

–  the beneficiaries in the EC and Morocco will be the scientific communities, industry and the

general public, thanks to the direct and indirect effects of cooperation.

5.1.2

Duration

The agreement will be concluded for an unlimited period. It may be terminated at any time by
either party upon six months' written notice.

5.2.

Actions envisaged and budget intervention arrangements

5.2.1

Type of expenditure

100%  financing  (missions  to  Morocco  by  Commission  officials;  organisation  of  workshops,
seminars and meetings in Europe and Morocco).

6.

FINANCIAL IMPACT

6.1.

Total financial impact on Part B (over the entire programming period)

6.1.1

Expenditure on management of the Decision (estimate)

The financing of the expenditure provided for only concerns the 6th Framework Programme.

Indicative schedule of appropriations (amounts expressed in millions of euros)

Commitments

Payments

2003

0.10

0.10

2004

0.10

0.10

2005

0.10

0.10

2006

0.10

0.10

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7.

7.1

FOLLOW-UP AND EVALUATION

Follow-up arrangements

The cooperation agreement will be regularly assessed by the relevant Commission departments.

The assessment will cover the following:

a.

b.

8.

Compilation  of  available  information:  based  on  data  from  the  specific  programmes  of
the framework programmes.

General  assessment  of  the  operation:  an  evaluation  of  all  the  cooperation  activities
under this agreement will be made by the Commission's departments.

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.

18