Proposal for a Council Decision on the conclusion of the Agreement for scientific and technological co-operation between the European Community and the Federative Republic of Brazil
Date: 2004-10-04
Institutions: European Commission
Subjects: Brazil, cooperation agreement, research and development, scientific cooperation, technical cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 04.10.2004 
COM(2004)625 final 

2004/0216(CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement for scientific and technological co-operation 
between the European Community and the Federative Republic of Brazil 

(presented by the Commission) 

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1. 

2. 

3. 

4. 

5. 

6. 

EXPLANATORY MEMORANDUM 

The Framework  Agreement  for  cooperation between the European Community  and 
the  Federative  Republic  of  Brazil  (hereinafter:  Brazil),  which  entered  into  force  on 
1 November  1995,  identified  scientific  and  technological  cooperation  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 recommended, 
inter  alia,  that  the  Union  should  envisage  concluding  scientific  and  technological 
cooperation  Agreements  with  selected  emerging  economies  and  added  that  “the 
implementation  of  this  procedure  is  not  only  the  ultimate  expression  of  a  political 
will to foster RTD collaboration. It also allows the parties to tailor country-specific 
RTD cooperation frames and orient the scientific communities towards selected RTD 
themes and technological challenges of common interest”. 

In  its  resolution  of  14  March  1997  on  the  Commission  communication  entitled 
“Promoting  RTD  cooperation  with  the  world’s  emerging  economies”  the  European 
Parliament  “calls  on  the  Commission  to  envisage  mechanisms  for  cooperation  in  the 
fields of advanced scientific and technological research that characterise the emerging 
economies,  while  maintaining  the  mechanisms  intended  specifically  for  assisting  the 
developing countries” and “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”.  This  position  was  reinforced  in  the 
Commission’s  Communication  to  Council  and  Parliament  entitled  The  International 
Dimension of the European Research Area (COM (2001) 346 final). 

On  the  19  November  2002,  the  EC  and  Brazil  signed  a  Memorandum  of 
Understanding on Cooperation, in Brussels, reflecting the priorities for bilateral EC-
Brazilian cooperation until the end of 2006. This memorandum concentrates on five 
priority  areas,  namely  public  administration,  economic  cooperation,  social 
development,  research  and  technology  and  the  environment,  along  the  lines 
described in the Commission’s Country Strategy Paper adopted in August 2002.  

On  14  February  2000,  the  Council  authorised  the  Commission  to  negotiate  an 
Agreement  for  scientific  and  technological  co-operation  between  the  European 
Community  and  Brazil.  The  negotiations  resulted  in  the  attached  Agreement, 
initialled on 3 December 2002, in Brussels. 

The  Agreement  was  negotiated  against  the  background  of  an  upgraded  and 
intensifying  co-operation  between  Brazil  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: 

–  biotechnology, 

–  information and communication technologies, 

–  bioinformatics, 

–  space, 

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–  micro- and nanotechnologies, 

–  materials research, 

–  clean technologies, 

–  management and sustainable use of environmental resources, 

–  biosafety, 

–  health and medicine, 

–  aeronautics, 

–  metrology, standardisation and conformity assessment, and 

–  human sciences. 

On 27 June 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 22 September 2003 and the attached agreement and the annexes thereto were signed on 19 
January 2004 in Brasilia. 

7. 

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  will  be  renewable  for  additional  periods  of  five  years  by 
mutual written agreement of the Parties.  

8. 

The Agreement provides for : 

–  participation of Brazilian research and technological development entities in RTD 
projects of the framework programme and reciprocal participation of research and 
technological  development  entities  established  in  the  Community  in  Brazilian 
projects in similar sectors of RTD. Such a participation is subject to the rules and 
procedures applicable in each Party; 

–  joint RTD projects, 

–  visits and exchanges of scientists, researchers and technical experts, 

–  joint organisation of scientific seminars, conferences, symposia and workshops, as 

well as the participation of experts in those activities; 

–  concerted  actions  such  as  the  pooling  of  RTD  projects  already  implemented  in 
accordance with the procedures applicable to the RTD programmes of each Party 
and scientific networks; 

–  exchange and sharing of equipment and materials; 

–  exchanges of information on practices, laws, regulations and programmes relevant 
to cooperation under this Agreement, including information on policy in the field 
of science and technology; 

–  any  other  arrangements  recommended  by  the  Steering  Committee  to  be 
established pursuant to Article VI, which are deemed compliant with the policies 
and  procedures  applicable  in  both  Parties.  In  principle,  no  transfer  of  funds  will 
take place. 

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9. 

10. 

11. 

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” which forms an integral part thereof. 

The principle of non-discrimination agreed under article III of the Agreement should 
protect  Community  participants  in  Brazilian  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 Brazil 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  Brazil  and, 
consequently,  within  MERCOSUR,  with  whom  the  EC  is  currently  negotiating  an 
Association Agreement. 

This negotiated Agreement for scientific and technical cooperation would be the appropriate 
instrument for considerably expanding and supplementing current cooperation under the FP6 
specific activities for International Cooperation with Developing Countries. 

12. 

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

-  approve  on  behalf  of  the  European  Community,  and  after  the  consultation  of  the 
European  Parliament,  the  Agreement  on  scientific  and  technological  cooperation 
between the European Community and the Federative Republic of Brazil; 

- notify the Brazilian authorities that the procedures necessary for the entry into force 
of the Agreement have been completed by the European Community.  

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2004/0216(CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement for scientific and technological co-operation 
between the European Community and the Federative Republic of Brazil 

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) 
and Article 300(3) thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

The  Commission  has  negotiated,  on  behalf  of  the  Community,  an  Agreement  for 
scientific and technological cooperation with the Federative Republic of Brazil; 

Subject  to  its  possible  conclusion  at  a  later  date,  the  Agreement  initialled  on 
3 December 2002 was signed on 19 January 2004, 

(3) 

The Agreement should be approved, 

HAS DECIDED AS FOLLOWS:  

Article 1 

The Agreement for scientific and technological co-operation between the European Community 
and  the  Federative  Republic  of  Brazil  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.  

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Article 2 

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

Done at Brussels,  

For the Council 
The President 

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AGREEMENT  

FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION 

BETWEEN THE FEDERAL REPUBLIC OF BRAZIL 

AND THE EUROPEAN COMMUNITY 

The Government of the Federal Republic of Brazil (hereinafter referred to as "Brazil"), of 
the one part, and the European Community (hereinafter referred to as "the Community"), of 
the other part, hereinafter referred to as the "Parties", 

Considering  the  Framework  Agreement  on  Cooperation  between  Brazil  and  the  European 
Community concluded on 29 June 1992, which entered into force on 1 November 1995;  

Considering  the  importance  of  science  and  technology  for  the  economic  and  social 
development of Brazil and the Community; 

Considering  the  present  scientific  and  technological  cooperation  between  Brazil  and  the 
Community; 

Considering that Brazil and the Community are currently carrying out and supporting research 
activities,  including  demonstration  projects  in  a  number  of  areas  of  common  interest,  as 
defined in Article II(d) of this Agreement, and that mutual benefits may be derived from joint 
participation in research and development activities based on reciprocity. 

Desiring to create a formal basis for cooperation in scientific and technological research with 
a view to extending and intensifying the conduct of cooperative activities in areas of common 
interest and to encouraging the application of the results of such cooperation to the economic 
and social benefit of both Parties; 

Considering that the  present  Scientific and Technological Cooperation Agreement is part of 
the general cooperation between Brazil and the Community; 

Have agreed as follows: 

ARTICLE I - Purpose 

The Parties shall encourage, develop and facilitate cooperative activities in areas of common 
interest by carrying out and supporting scientific and technological research and development 
activities. 

For the purposes of this Agreement: 

ARTICLE II - Definitions 

a) 

'cooperative  activity'  means  any  activity  which  the  Parties  undertake  or  support, 
pursuant to this Agreement, including joint research; 

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b) 

c) 

d) 

e) 

'information' means scientific or technical data, and research and development results 
or  methods  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  at  Stockholm  on 
14 July 1967; 

“joint  research”  means  research,  technological  development  or  demonstration 
projects  that  are  implemented  with  or  without  financial  support  from  one  or  both 
Parties and that involve collaboration between participants from both the Community 
and  Brazil.  "Demonstration  projects"  are  projects  aimed  at  demonstrating  the 
viability  of  new  technologies  that  offer  a  potential  economic  advantage  but  that 
cannot  be  directly  commercialised.  The  parties  shall  keep  each  other  regularly 
informed  on  activities  regarded  as  joint  research  activities  under  Article VI  - 
Coordination and implementation of cooperative activities. 

Participant'  or  'research  entities'  means  any  person  or  group  of  persons,  research 
institute or any other legal entity or undertaking established in the Community or in 
Brazil involved in cooperative activities, including the Parties themselves. 

ARTICLE III - Principles 

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

a) 

b) 

c) 

d) 

mutual benefit based on an overall balance of advantages, 

reciprocal  access  to  the  activities  of  research  and  technological  development 
undertaken by each Party, 

timely exchange of information which may affect cooperative activities, 

appropriate protection of intellectual property rights. 

ARTICLE IV - Cooperative activity areas 

Cooperation  under this Agreement may cover all the areas of mutual  interest in  which  both 
Parties  are  implementing  or  supporting  research  and  technological  development  activities 
(hereinafter  referred  to  as  'RTD'),  in  accordance  with  Article VI(3)(b)  of  this  Agreement. 
Such  activities  must  be  designed  to  promote  the  advancement  of  science,  industrial 
competitiveness,  and  economic  and  social  development,  with  emphasis  on  the  following 
areas: 

–  biotechnology, 

–  information and communication technologies, 

–  bioinformatics, 

–  space, 

–  micro- and nanotechnologies, 

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–  materials research, 

–  clean technologies, 

–  management and sustainable use of environmental resources, 

–  biosafety, 

–  health and medicine, 

–  aeronautics, 

–  metrology, standardisation and conformity assessment, and 

–  human sciences. 

ARTICLE V - Cooperation arrangements and cooperative activities 

1. 

The Parties shall encourage: 

a) 

the  participation  of  research  entities  in  the  cooperative  activities  covered  by 
this Agreement, in accordance with their own internal policies and regulations, 
with  a  view  to  providing  comparable  opportunities  for  participation  in  their 
scientific  research  and technological  development  activities  and  making  good 
use of the benefits thereof; 

b) 

reciprocal  access  to  the  activities  promoted  by  each  Party  under  current 
national programmes or policies. 

2. 

Cooperative activities may take the following forms: 

a) 

Joint RTD projects, 

b)  Visits and exchanges of scientists, researchers and technical experts, 

c) 

Joint  organisation  of  scientific  seminars,  conferences,  symposia  and 
workshops, as well as the participation of experts in those activities; 

d)  Concerted actions such as the pooling of RTD projects already implemented in 
accordance  with  the  procedures  applicable  to  the  RTD  programmes  of  each 
Party and scientific networks; 

e) 

f) 

Exchange and sharing of equipment and materials; 

Exchanges  of  information  on  practices,  laws,  regulations  and  programmes 
relevant to cooperation under this Agreement, including information on policy 
in the field of science and technology. 

g)  Any  other  arrangements  recommended  by  the  Steering  Committee  to  be 
established  pursuant  to  Article  VI,  which  are  deemed  compliant  with  the 
policies and procedures applicable in both Parties. 

3. 

Joint RTD projects shall be carried out only after the participants have concluded a 
Joint Technology Management Plan, as indicated in the Annex to this Agreement. 

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ARTICLE VI - Coordination and implementation of cooperative activities 

1. 

2. 

The coordination and expediting of cooperative activities under this Agreement shall 
be  accomplished,  on  behalf  of  Brazil,  by  the  Ministry  of  Foreign  Affairs  and,  on 
behalf  of  the  Community,  by  the  services  of  the  European  Commission,  acting  as 
executive agents. 

The executive agents shall establish a Steering Committee on scientific and technical 
cooperation which shall be responsible for the management of this Agreement. The 
committee shall be made up of official representatives of each Party, and shall draw 
up its own rules of procedure. 

3. 

The duties of the Steering Committee shall include: 

a) 

b) 

c) 

Proposing  and  supporting  cooperation  activities  under  this  Agreement,  in 
accordance with Article V; 

Indicating,  for  the  following  year,  pursuant  to  Article  V(1)(b),  among  the 
potential  sectors  for  RTD  cooperation,  those  priority  sectors  or  subsectors  of 
mutual interest in which cooperation is sought; 

Proposing the pooling of projects of mutual interest or complementary projects 
to researchers in both Parties; 

d)  Making recommendations pursuant to Article V(2)(g); 

e)  Advising  the  Parties  on  ways  to  enhance  and  improve  cooperation  consistent 

with the principles set out in this Agreement; 

f) 

g) 

Reviewing the efficient implementation and functioning 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 will 
be  transmitted  to  the  Joint  Committee  established  under  the  Framework 
Cooperation  Agreement  concluded  between  Brazil  and 
the  European 
Community on 29 June 1992. 

The  Steering  Committee,  which  reports  to  the  Joint  Committee,  shall,  as  a  general 
rule, meet annually, preferably before the meeting of the Joint Committee, according 
to a schedule agreed jointly in advance. The meetings should be held alternately in 
the Community and in Brazil. Extraordinary meetings may be held at the request of 
either Party. 

The costs incurred by representatives in attending the Steering Committee meetings 
shall be borne by the Party they represent. 

4. 

5. 

ARTICLE VII - Funding 

Cooperative  activities  shall  be  subject  to  the  availability  of  sufficient  funds  and  to  the 
applicable  laws,  regulations,  policies  and  programmes  of  the  Parties.  The  costs  incurred  by 

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the participants in cooperative activities will not, as a general rule, be settled by the transfer of 
funds from one Party to the other. 

ARTICLE VIII - Entry of personnel and equipment 

1. 

2. 

Each Party shall take all appropriate steps and use its best efforts, within the laws and 
regulations applicable in the territories of each Party, to facilitate entry to, sojourn in 
and exit from its territory of persons, material, data and equipment related to or used 
in  cooperative  activities  developed  by  the  Parties  under  the  provisions  of  this 
Agreement,  which  shall  be  granted  exemptions  from  taxes  and  customs  duties, 
pursuant  to  the  legislative  and  regulatory  provisions  applicable  in  the  territories  of 
each Party. 

Where the specific cooperation arrangements of one Party provide for financial aid to 
be granted to the participants of the other Party, the grants, financial contributions or 
similar given by one Party to the participants of the other Party in support of these 
activities  shall  be  given  tax  and  customs  exemptions,  pursuant  to  the  legislation 
applicable in the territories of each Party. 

ARTICLE IX - Intellectual property 

Matters  of  intellectual  property  arising  under  this  Agreement  will  be  handled  in  accordance 
with the Annex which forms an integral part of this Agreement. 

ARTICLE X - Community activities in favour of developing countries 

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

ARTICLE XI - Territorial application 

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 Federal Republic of Brazil.  

ARTICLE XII - Entry into force, termination and dispute settlement 

1. 

2. 

3. 

This Agreement shall enter into force on the date on which both parties have notified 
each other in writing that the respective internal procedures necessary for it to enter 
into force have been completed. 

The agreement shall initially be valid for a period of five years and may be renewed 
by mutual agreement between the Parties after evaluation during the penultimate year 
of each subsequent renewal period. 

This  Agreement  may  be  amended  by  agreement  of  the  Parties.  Amendments  shall 
enter into force under the same conditions as those mentioned in point 1. 

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4. 

5. 

This  Agreement  may  be  terminated  at  any  time  by  either  Party  upon  six  months' 
written  notice  to  the  other  Party  sent  through  diplomatic  channels.  The  expiry  or 
termination  of  this  Agreement  shall  not  affect  the  validity  or  duration  of  any  joint 
research projects in progress 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. 

Done at ................., ............................. 2002, in two originals, in Portuguese, Danish, Dutch, 
English,  Finnish,  French,  German,  Greek,  Italian,  Spanish  and  Swedish,  all  versions  being 
equally  authentic.  In  the  event  of  a  difference  in  interpretation  between  any  of  these 
languages, the English text shall take precedence. 

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ANNEX 

Intellectual Property 

In accordance with Article IX of this Agreement: 
The  Parties  shall  ensure  that  the  intellectual  property  created  under  this  Agreement  is 
protected appropriately and effectively. 
The  Parties  undertake  to  inform  each  other  in  a  timely  fashion  of  any  inventions  or  other 
works produced under this Agreement which may generate intellectual property rights. 

I. SCOPE 

A. 

B. 

C. 

D. 

For  the  purposes  of  this  Agreement,  'intellectual  property'  shall  have  the  meaning 
defined  in  Article 2  of  the  Convention  establishing  the  World  Intellectual  Property 
Organisation (WIPO), signed at Stockholm on 14 July 1967. 

This  Annex  does  not  otherwise  alter  or  prejudice  the  allocation  of  rights,  interests 
and intellectual property between a Party and its nationals or participants, which will 
be determined by the laws and practices of each Party.  

Intellectual  property  disputes  arising  will  be  settled  by  consultation  between  the 
participating institutions concerned or, if necessary, by the Parties or their authorised 
representatives.  If  mutually  agreed  by  the  Parties,  disputes  may  be  submitted  to  an 
arbitration tribunal, in accordance with the international law provisions applicable in 
the case. Unless decided otherwise and approved in writing by the Parties or by their 
authorised  representatives, 
the  United  Nations 
Commission on International Trade Law (UNCITRAL) will apply.  

the  arbitration  standards  of 

In  the  event  that  either  Party  believes  that  a  particular  joint  research  project  under 
this Agreement has led or will lead to the creation or granting of a type of intellectual 
property that is not protected by the legislation applicable in the territory of the other 
Party,  the  Parties  shall  immediately  hold  discussions  to  find  a  mutually  acceptable 
solution in accordance with the applicable legislation. 

II. ALLOCATION OF RIGHTS  

A. 

Each Party, subject to the terms of their own national legislation, may, by means of a 
contract, have non-exclusive, irrevocable, royalty-free licence to translate, reproduce, 
adapt, transmit and publicly distribute the articles, reports and technical and scientific 
books  generated  directly  by  the  cooperative  activities  covered  by  this  Agreement, 
provided that the legal provisions on the ownership and transfer of copyright for the 
creation  of  the  work  are  respected.  All  the  copies  of  works  subject  to  copyright 
produced  in  line  with  these  provisions  and  publicly  distributed  must  mention  the 
names of the authors, except where the authors have specifically declined that right. 

B. 

Rights  for  all  forms  of  intellectual  property  not  described  in  Section  II  A  of  this 
Annex will be allocated as follows: 

1.  Visiting researchers, such as scientists visiting primarily in furtherance of their 
education,  shall  receive  intellectual  property  rights  under  arrangements  with 

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their host institutions in accordance with the provisions of the relevant national 
legislation  on  the  subject.  In  addition,  each  visiting  researcher  named  as  an 
inventor  shall  be  entitled,  in  the  same  way  that  the  researchers  of  the  host 
institution are entitled, to a proportional share of any royalties received by the 
host institution under the licence for the use of the intellectual property. 

2. 

Regarding  the  intellectual  property  which  is  or  may  be  created  by  joint 
research, the participants will draw up a joint technology management plan to 
be negotiated in the form of a written contract between the participants in joint 
research projects establishing in  advance the fair  and balanced distribution of 
results  or any benefits deriving from the cooperation, considering the relative 
contribution of the Parties or their participants, and strictly complying with the 
laws  on  intellectual  property  in  force  in  each  Party  and  the  international 
agreements on intellectual property to which the Parties are signatories. 

a) 

b) 

If  the  Parties  or  their  participants  did  not  adopt  a  joint  technology 
management  plan  in  the  initial  phase  of  cooperation  and  if  they  cannot 
reach an agreement within a reasonable period, not more than six months, 
of  a  Party  becoming  aware  of  the  creation  or  likely  creation  of  the 
intellectual property in question as a result of the joint research, then the 
Parties  must  immediately  hold  discussions  in  order  to  find  a  mutually 
acceptable  solution.  Pending  resolution  of  the  matter,  such  intellectual 
property shall be owned jointly by the Parties or their participants, unless 
jointly agreed otherwise. 

If  a  joint  research  project  carried  out  under  this  Agreement  leads  to  a 
creation  likely  to  be  protected  by  intellectual  property  rights  which  are 
not  covered  by  the  legislation  in  force  in  one  of  the  Parties,  the  Parties 
must immediately hold discussions in order to find a mutually acceptable 
solution in accordance with the applicable legislation. 

III. CONFIDENTIAL INFORMATION  

A. 

B. 

C. 

D. 

Each  Party  and  its  participants  must  protect  any  business  and/or  industrial  secrets 
identified as confidential generated or supplied under this Agreement in accordance 
with the applicable laws, regulations and practices, as agreed between the Parties.  

No  party  or  participant  may  divulge  information  identified  as  confidential  without 
prior  authorisation,  except  to  employees  that  belong  to  the  categories  of  officials, 
contractors  or  subcontractors;  the  release  of  information  must  be  strictly  limited  to 
the  parties  involved  in  the  joint  research  project  agreed  between  the  participants, 
and/or authorised personnel of government bodies associated with the project or this 
Agreement. 

The information may be divulged only to parties with written authorisation and must, 
in  no  case,  be  released  more  widely  than  is  strictly  necessary  for  the  execution  of 
tasks, duties or contracts associated with the information released. 

The  recipients  of  confidential  information  shall  undertake  in  writing  to  keep  such 
information confidential, and the Parties must ensure that this obligation is fulfilled. 

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E. 

A Party must immediately notify the other Party if it is, or is likely to be, unable to 
guarantee not to divulge confidential information. The Parties will consult each other 
to determine what measures are appropriate in such a case. 

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