Proposal for a Council Decision on the signing of the Agreement on scientific and technological cooperation between the European Community and the Arab Republic of Egypt
Date: 2004-07-09
Institutions: European Commission
Subjects: Egypt, cooperation agreement (EU), scientific cooperation, technical cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 09.07.2004 
COM(2004) 464 final 

Proposal for a 

COUNCIL DECISION 

on the signing of the Agreement on scientific and technological cooperation between the 
European Community and the Arab Republic of Egypt 

(presented by the Commission) 

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1. 

2. 

3. 

4. 

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6. 

7. 

EXPLANATORY MEMORANDUM 

The  Euro-Mediterranean  Agreement  establishing  an  association  between  the 
European  Communities  and  their  Member  States,  of  the  one  part,  and  the  Arab 
Republic of Egypt, of the other part, was signed on 25 June 2001. Article 43 of the 
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 of 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  emphasised  the  need  to  strengthen  relations  with  the  Mediterranean 
partner  countries  in  the  fields  of  science,  technology  and  innovation  in  order  to 
promote socio-economic progress throughout the Euro-Mediterranean area. 

On  29 May  2002  the  Minister  for  Higher  Education  and  Minister  of  State  for 
Scientific  Research  of  the  Arab  Republic  of  Egypt  sent  Commissioner  Philippe 
Busquin  a  letter  in  which  he  expressed  the  satisfaction  of  the  Egyptian  authorities 
and  scientific  community  with  the  scientific  cooperation  already  taking  place  and 
asked  for  negotiations  with  the  Community  with  a  view  to  concluding  a  scientific 
and  technological  cooperation  agreement  supplementing  and  strengthening  existing 
cooperation, with emphasis on regional cooperation. 

Exploratory meetings were held with the Egyptian authorities responsible for science 
and technology policy and with representatives of the country’s scientific community 
with a view to assessing Egypt’s scientific potential and stepping up its participation 
in research of mutual interest with the European Community. 

These  contacts  confirmed  that  greater  cooperation  on  science  and  technology  with 
Egypt would be in the mutual interest of both parties. In conclusion, it would be fully 
in  the  interest  of  the  Community  to  respond  positively  to  Egypt’s  request  and  an 
agreement  on  scientific  and  technological  cooperation  would  be  the  appropriate 
instrument for supplementing existing cooperation and expanding it at international 
and regional level. 

On 14 November 2002 DG RTD accordingly initiated the procedure for obtaining a 
negotiating  mandate  for  such  an  agreement  on  scientific  and  technological 
cooperation. On 12 March 2003 the Commission sent the Council a 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 Egypt. 

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 4 March 2004 by 
the  authorised  representatives  of  the  two  parties  following  two  sessions  of 
negotiations. 

The  draft  Agreement  is  based  on  the  principles  of  mutual  benefit,  reciprocal 
opportunities  for  access  to  each  other’s  programmes  and  activities  relevant  to  the 

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

8. 

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

–  decide  that  the  Agreement  should  be  signed  on  behalf  of  the  European 

Community; 

–  authorise  the  President  of  the  Council  to  appoint  the  person  duly  empowered  to 

sign on behalf of the European Community. 

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Proposal for a 

COUNCIL DECISION 

on the signing of the Agreement on scientific and technological cooperation between the 
European Community and the Arab Republic of Egypt 

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) 
thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

The  Commission  has  negotiated,  on  behalf  of  the  Community,  an  Agreement  on 
scientific and technological cooperation with Egypt. 

Subject  to  possible  conclusion  at  a  later  date,  the  Agreement  initialled  on 
4 March 2004 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 cooperation between the European Community 
and the Arab Republic of Egypt. 

Done at Brussels, 

For the Council 
The President 

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ANNEX 

AGREEMENT FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION 

BETWEEN 

THE EUROPEAN COMMUNITY AND THE ARAB REPUBLIC OF EGYPT 

The European Community, (hereinafter referred to as the “Community”) on the one part, 

and 

The Arab Republic of Egypt (hereinafter referred to as “Egypt”), on the other part, 

Hereinafter referred to as the “Parties”, 

CONSIDERING the Treaty establishing the European Community and in particular its Article 
170  in  relation  to  its  Article  300,  paragraph  2,  first  sentence,  and  paragraph  3,  first 
subparagraph; 

CONSIDERING  the  European  Parliament  and  Council  decision  n°  1513/2002/EC  on 
June 27th  20021,  pertaining  to  the  sixth  framework  programme  of  the  European  Community 
for  research,  technological  development  and  demonstration  projects  contributing  to  the 
realisation of the European Research Area and to innovation (2002-2006); 

CONSIDERING  the  importance  of  science  and  technology  for  their  economic  and  social 
development  and  the  reference  which  was  made  in  Article  43  of  the  Euro-Mediterranean 
Agreement establishing an association between the European Communities and their Member 
States,  on  the  one  hand,  and  the  Arab  Republic  of  Egypt,  on  the  other  hand,  signed  on 
June 25th 2001; 

technological 
the  Community  and  Egypt  undertook  common  research, 
WHEREAS 
development  and  demonstration  activities,  in  various  fields  of  common  interest,  and  that  it 
would  be  to  their  mutual  advantage  that  each  one  of  them  took  part  in  the  activities  of 
research and development of the other, on a reciprocity basis; 

WISHING  to  establish  a  formal  framework  for  cooperation  in  scientific  and  technological 
research which would make it possible to extend and intensify cooperative efforts in the fields 
of  common  interest  and  to  encourage  the  use  of  the  results  of  this  cooperation  considering 
their mutual economic and social interests; 

WISHING to open the European Research Area to non-member countries, and in particular to 
the Mediterranean partner countries; 

Have agreed as follows: 

1 

OJ L 232 of 29.08.2002. 

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Article 1 
Scope and principles 

1. 

The Parties shall encourage, develop and facilitate cooperative activities between the 
Community and Egypt in fields of common interest where they are pursuing research 
and development activities in science and technology. 

2. 

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

–  Promotion  of  a  knowledge-based  society  to  foster  the  social  and  economic 

development of both Parties; 

–  Mutual benefit based on an overall balance of advantages; 

–  Reciprocal  access  to  the  activities  of  research  programmes  and  projects 

undertaken by each Party; 

–  Timely exchange of information which may affect cooperative activities. 

–  Appropriate exchange and protection of intellectual property rights. 

Article 2 
Means of cooperation 

1. 

2. 

Legal entities established in Egypt, as defined in Annex I, including either physical 
persons or private or public moral persons, shall participate in indirect actions of the 
European  Community’s  Framework  programme  for  research  and  technological 
development  and  demonstration  activities  (hereinafter 
the  “EC  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. 

Legal  entities  established  in  the  Member  States  of  the  European  Community  shall 
participate  in  Egypt’s  research  programmes  and  projects  in  themes  equivalent  to 
those  of  the  EC  Framework  programme  under  the  same  conditions  as  those 
applicable to legal entities of Egypt, 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: 

–  Regular  discussions  on  the  orientations  and  priorities  for  research  policies  and 

planning in Egypt and the Community; 

–  Discussions on cooperation prospects and development; 

–  Timely  provision  of  information  concerning  the  implementation  of  programmes 
and research projects of Egypt and of the Community, and concerning the results 
of work undertaken within the framework of this Agreement; 

–  Joint meetings; 

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–  Visits and exchanges of research workers, engineers and technicians, including for 

training purpose; 

–  Exchanges and sharing of equipment and materials; 

–  Regular and sustained contacts between programme or project managers of Egypt 

and the Community; 

–  Participation of experts in seminars, symposia and workshops. 

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

relevant to cooperation under this Agreement; 

–  Research and technological development training; 

–  Reciprocal  access  to  scientific  and  technologic  information  in  the  scope  of  this 

cooperation; 

–  Any  other  modality  that  would  be  adopted  by  the  European  Community-Egypt 
Research Committee, as defined in Article 4 and deemed in conformity with the 
policies and procedures applicable in both Parties. 

Article 3 
Enhancement of cooperation 

The  Parties  will  make  every  effort,  within  the  framework  of  their  applicable 
legislation,  to  facilitate  the  free  movement  and  residence  of  research  workers 
participating in the activities covered by this Agreement and to facilitate cross-border 
movement of goods intended for use in such activities. 

Where in accordance with its own rules the Community unilaterally grants funding to 
a  legal  entity  of  Egypt  participating  in  a  Community  indirect  action,  Egypt  will 
ensure that no charge or levy shall be imposed upon that transaction. 

Article 4 
Management of the Agreement 
European Community-Egypt Joint Scientific and Technological Cooperation Committee 

The  coordination  and  facilitation  of  activities  under  this  Agreement  shall  be 
accomplished  on  behalf  of  Egypt  by  the  Academy  of  Scientific  Research  and 
Technology  and  on  behalf  of  the  Community  by  the  services  of  the  European 
Commission in charge of the Framework programme, acting as executive agents of 
the Parties (hereinafter referred to as ”Executive Agents”). 

The  Executive  Agents  shall  establish  a  joint  committee  called  “EC-Egypt  Joint 
Scientific  and  Technological  Cooperation  Committee”  (hereinafter  “the  Joint 
Committee”), whose functions shall include: 

1. 

2. 

1. 

2. 

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–  Ensuring, evaluating and reviewing the implementation of this Agreement, as well 
as  modifying  its  Annexes  or  adopting  new  ones  to  take  into  consideration 
evolutions  of  the  Parties’  scientific  policies,  subject  to  the  fulfilment  by  each  of 
the Parties of its internal procedures for that purpose. 

–  Identifying,  on  an  annual  basis,  potential  sectors  where  cooperation  should  be 

developed and improved and examining any measure to that end; 

–  Regularly discussing the future orientations and priorities of research policies and 
research  planning  in  Egypt  and  the  Community  and  the  prospects  for  future 
cooperation within this Agreement. 

3. 

4. 

The  Joint  Committee,  which  shall  be  composed  of  representatives  of  the  Executive 
Agents, shall adopt its rules of procedure. 

The  Joint  Committee  shall  meet  at  least  once  a  year,  alternately  in  the  Community 
and in Egypt. Extraordinary meetings shall be held at the request of one or the other 
of the Parties. The conclusions and recommendations of the Joint Committee will be 
sent  for  information  to  the  Association  Committee  of  the  Euro-Mediterranean 
Agreement between the European Union and the Arab Republic of Egypt. 

Article 5 
Financing 

The reciprocal participations in research activities under this Agreement are set according to 
the  conditions  defined  in  Annex  I  and  are  subject  to  legislation,  regulations,  policies  and 
conditions of implementation of the programmes in force on the territory of each Party. 

Article 6 
Dissemination and use of the results and information 

The  dissemination  and  the  use  of  the  achieved  and/or  exchanged  results  as  well  as  those  of 
information,  management,  attribution  and  exercise  of  intellectual  property  rights  resulting 
from  the  research  activities  undertaken  under  this  Agreement  are  subject  to  the  conditions 
provided for in Annex II. 

1. 

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

Article 7 
Final provisions 

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

2. 

This Agreement will enter into force when the Parties have notified to each other the 
completion of their internal procedures for its conclusion. Pending the completion by 
the  Parties  of  their  internal  procedures  for  its  conclusion,  the  Parties  shall 
provisionally apply this Agreement upon its signature. 

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Should a Party notify the other that it shall not conclude the Agreement, it is hereby 
mutually  agreed  that  projects  and  activities  launched  under  this  provisional 
application  and  that  are  still  in  progress  at  the  time  of  the  above-mentioned 
notification  shall  continue  until  their  completion  under  the  conditions  laid  down  in 
this Agreement. 

Either of the Parties may terminate this Agreement at any time upon twelve months 
notice. 

Projects and activities in progress at the time of termination of this Agreement shall 
continue until their completion under the conditions laid down in this Agreement. 

Should  one  of  the  Parties  decide  to  revise  its  research  programmes  and  projects 
referred to in paragraph 1 of Article 1, that Party’s Executive Agent shall notify the 
Executive Agent of the other Party of the exact content of these revisions. 

By derogation to subparagraph 2 of paragraph 2, this Agreement may be terminated 
under  mutually  agreed  conditions  should  either  of  the  Parties  notify  one  another 
within one month after the adoption of the revisions referred to in subparagraph 1 of 
its intention to terminate this Agreement. 

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 Arab Republic of Egypt. 
This  shall  not  prevent  the  conduct  of  cooperative  activities  on  the  high  seas,  outer 
space, or 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. 

6. 

Done at ………… 

on ………. 

Done at ………… 

on ………. 

For the Government of the Arab 

For the Commission, 

Republic of Egypt 

on behalf of the European Community 

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ANNEX I 

Terms and conditions for the participation of legal entities of Member States of the 
European Union and of Egypt 

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 
or international 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. 

TERMS  AND  CONDITIONS  FOR  THE  PARTICIPATION  OF  LEGAL  ENTITIES  OF  EGYPT 
TO INDIRECT ACTIONS OF THE EC FRAMEWORK PROGRAMME 

Participation  of  legal  entities  established  in  Egypt  to  indirect  actions  of  the  EC 
Framework  programme  shall  follow  the  conditions  laid  down  by  the  European 
Parliament  and  the  Council  according  to  Article  167  of  the  Treaty  establishing  the 
European Community. 

In  addition,  legal  entities  established  in  Egypt  may  participate  in  indirect  actions 
undertaken  according  to  Article  164  of  the  Treaty  establishing  the  European 
Community. 

The Community may grant funding to legal entities established in Egypt participating 
in  indirect  actions  referred  to  in  paragraph  1  under  the  terms  and  conditions  laid 
down by the decision taken by the European Parliament and the Council according to 
Article  167  of  the  Treaty  establishing  the  European  Community,  the  European 
Community’s Financial Regulations and any other applicable Community legislation. 

A  contract  concluded  by the Community  with any legal entity of Egypt in order to 
perform an indirect action shall provide for controls and audits 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 Egypt shall 
provide any reasonable and feasible assistance as may be necessary or helpful under 
the circumstances to perform such controls and audits. 

TERMS AND CONDITIONS FOR THE PARTICIPATION OF LEGAL ENTITIES OF MEMBER 
STATES  OF  THE  EUROPEAN  UNION  TO  EGYPT  RESEARCH  PROGRAMMES  AND 
PROJECTS 

Any legal entity established in the Community, created under the national law of one 
of  the  Member  States  of  the  European  Union  or  under  Community  law,  may 
participate  in  projects  of  Egypt  research  and  development  programmes  jointly  with 
Egyptian legal entities. 

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2. 

Subject  to  paragraph  1  and  to  Annex  II,  the  rights  and  obligations  of  legal  entities 
established  in  the  Community  participating  in  Egypt  research  projects  within 
research and development programmes, and the terms and conditions applicable for 
the  submission  and  evaluation  of  proposals  and  for  the  granting  and  conclusion  of 
contracts  in  such  projects  shall  be  subject  to  Egyptian  laws,  regulations  and 
government  directives  governing  the  operation  of  research  and  development 
programmes,  as  applicable  to  Egyptian  legal  entities  and  assuring  equitable 
treatment,  taking  into  account  the  nature of  the cooperation between Egypt and the 
Community in this field. 

Funding  of  legal  entities  established  in  the  Community  participating  in  Egypt 
research  projects  within  research  and  development  programmes  shall  be  subject  to 
the Egyptian laws, regulations and government directives governing the operation of 
research and development programmes, as applicable to non-Egyptian legal entities 
participating 
in  Egypt  research  projects  within  research  and  development 
programmes. 

3. 

Egypt  shall  regularly  inform  the  Community  and  Egyptian  legal  entities  of  current 
Egypt programmes and participation opportunities for legal entities established in the 
Community.

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ANNEX II 

Principles on 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 
information  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. 

2. 

3. 

Each  Party  shall  ensure  that  the  intellectual  property  rights  of  legal  entities 
established  in  the  other  Party  participating  in  activities  carried  out  pursuant  to  this 
Agreement and the related rights and obligations arising from such a participation are 
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  Egypt  participating  in  an  indirect  action  of  the  EC 
Framework  programme  shall  have  the  same  rights  and  obligations  on  intellectual 
property as those of legal entities established in the Community, under the conditions 
laid  down  by  the  decision  taken  by  the  European  Parliament  and  the  Council 
according to Article 167 of the Treaty establishing the European Community, and in 
the contract concluded with the Community accordingly, and that shall comply with 
paragraph 1. 

Legal  entities  established  in  the  Community  participating  in  Egypt  research 
programmes  or  projects  shall  have  the  same  rights  and  obligations  on  intellectual 
property as those of legal entities established in Egypt participating in such research 
programmes or projects, and that shall comply with paragraph 1. 

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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  within 
Article 2, paragraph 2 of this Agreement: 

a) 

b) 

The  Party  generating  such  knowledge  shall  be  the  owner  of  that  knowledge. 
Where their respective share of the work cannot be ascertained, they shall have 
joint ownership of such knowledge. 

The  Party  owning  that  knowledge  shall  grant  access  rights  on  it  to  the  other 
Party  for  carrying  out  activities  referred  to  in  Article  2,  paragraph  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) 

In  the  case  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 world-wide, 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,  that  have  to  be 
publicly distributed and prepared under this section 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  relating  to  activities 
carried  out  pursuant  to  this  Agreement,  each  Party  shall  identify  the 
information  it  wishes  to  remain  undisclosed  through  confidential  insignias  or 
legends. 

b) 

The receiving Party may under its own responsibility communicate undisclosed 
information to bodies 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 receiving Party may disseminate such undisclosed information more widely 
than  otherwise  permitted  in  paragraph  b.  The  Parties  shall  cooperate  in 
developing  procedures  for  requesting  and  obtaining  prior  written  consent  for 

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such  wider  dissemination,  and  each  Party  shall  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 indirect actions, shall remain confidential when the recipient 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 paragraph a. 

e) 

Each Party shall endeavour to ensure that undisclosed information received by 
it  under  paragraphs  a  and  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 
paragraphs  a  and  d,  it  shall  immediately  inform  the  other  Party.  The  Parties 
shall thereafter consult to define an appropriate course of action. 

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