Proposal for a Council Decision concerning the Conclusion of an Agreement aimed at renewing the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation
Date: 2008-11-12
Institutions: European Commission
Subjects: Russia, cooperation agreement (EU), renewal of an agreement, scientific cooperation, technology

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.11.2008 
COM(2008) 728 final 

2008/0209 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the Conclusion of an Agreement aimed at renewing the Agreement on 
cooperation in science and technology between the European Community and the 
Government of the Russian Federation  

(presented by the Commission) 

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1. 

2. 

3. 

4. 

5. 

EXPLANATORY MEMORANDUM 

The  Agreement  on  cooperation  in  science  and  technology  between  the  European 
Community  and  the  Government  of  the  Russian  Federation  was  signed  in  Brussels 
on  16  November  2000.  Article  12(b)  of  the  Agreement  provides  as  follows:  "This 
Agreement shall be concluded for an initial period ending on 31 December 2002 and 
will be renewable by common agreement between the parties for additional periods 
of five years.". 

By its Decision EC/798/2003 of 5 June 2003, the Council concluded the renewal of 
the Agreement for a further period of five years. 

At  the  EC-Russia  S&T  Joint  Committee  meeting  of  28  June  2007,  both  Parties 
expressed  their  interest  in  renewing  the  Agreement.  Furthermore,  at  the  EU-Russia 
Permanent  Partnership  Council  meeting  of  26  May,  2008,  both  Parties  agreed  to 
undertake the necessary steps with a view to renewing this Agreement. 

Renewal of the agreement for five more years would be in the interest of both Parties 
so  as  to  maintain  continuity  in  the  scientific  and  technological  relations  between 
Russia and the European Community.  

Since  the  content  of  the  renewed  Agreement  will  be  identical  to  the  content  of  the 
current  Agreement,  which  expires  on  20  February,  2009,  following  the  normal 
procedures  for  negotiating  this  renewal  (Article  300(1)  of  the  EC  Treaty)  would 
serve  no  useful  purpose.  Given  the  resulting  advantages,  for  both  Parties,  of  rapid 
renewal,  a  one-step  procedure  is  suggested  (a  single  procedure  and  a  single  act 
concerning signature and conclusion). This renewed Agreement shall be referred to 
in  the  New  EU-Russia  Agreement  for  which  negotiations  were  launched  at  the  EU 
Russia summit in Khanty-Mansiysk on 27 June 2008: 

Both  Parties  to  the  Agreement  are  eager  to  ensure  continuity  in  the  ongoing  co-
operations (in particular in respect of those activities which can only be undertaken 
with third countries on the basis of a cooperation agreement)  

6. 

In the light of the above considerations, the Commission requests the Council: 

– 

– 

to  approve,  on  behalf  of  the  Community,  after  consulting  the  European 
Parliament, the conclusion of an Agreement aimed at renewing the Agreement 
on  cooperation  in  science  and  technology  between  the  European  Community 
and the Government of the Russian Federation; 

to authorise the President of the Council to designate the person empowered to 
sign  the  Agreement  in  order  to  express  the  consent  of  the  Community  to  be 
bound thereby. 

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2008/0209 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the Conclusion of an Agreement aimed at renewing the Agreement on 
cooperation in science and technology between the European Community and the 
Government of the Russian Federation  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular  the 
second  paragraph  of  Article  170,  in  conjunction  with  the  first  sentence  of  the  first 
subparagraph of Article 300(2), and the first subparagraph of Article 300(3), 
Having regard to the proposal from the Commission1, 
Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

By  its  Decision  of  16  November  20003,  the  Council  approved  the  conclusion  of  the 
Agreement  for  scientific  and  technological  cooperation  between  the  European 
Community and the Government of the Russian Federation (hereinafter "Russia"). 

Article  12(b)  of  the  Agreement  provides  as  follows:  'This  Agreement  shall  be 
concluded for an initial period ending on 31 December 2002 and will be renewable by 
common agreement between the parties for additional periods of five years'. 

At  the  EC-Russia  S&T  Joint  Committee  meeting  held  in  Brussels  on  28  June  2007, 
both  Parties  expressed  their  agreement  for  the  renewal  of  the  abovementioned 
Agreement  for  five  more  years.  The  Parties  to  the  Agreement  consider  that  rapid 
renewal of this Agreement would be in their mutual interest. Furthermore, at the EU-
Russia Permanent Partnership Council meeting of 26 May, 2008, both Parties agreed 
to undertake the necessary steps with a view to renewing this Agreement. 

The  content  of  the  renewed  Agreement  will  be  identical  to  the  content  of  the 
Agreement which expires on 20 February, 2009. 

The  Agreement  aimed  at  renewing  the  Agreement  for  science  and  technological 
cooperation  between  the  European  Community  and  the  Government  of  the  Russian 
Federation should be approved on behalf of the Community, 

1 
2 
3 

OJ C […], […], p. […] 
OJ C […], […], p. […] 
OJ L 299, 28.11.2000, p.14 

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HAS DECIDED AS FOLLOWS:  

Article 1 

The Agreement aimed at renewing the Agreement on cooperation in science and technology 
between  the  European  Community  and  the  Government  of  the  Russian  Federation  for  an 
additional period of five years is hereby approved on behalf of the Community. 

The text of the Agreement is attached to this Decision. 

The President of the Council is hereby authorised to designate the person empowered to sign 
the Agreement in order to express the consent of the Community to be bound thereby. 

Article 2 

The decision shall be published in the Official Journal. 

Done at Brussels,  

Article 3 

For the Council 
The President 

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ANNEX  

AGREEMENT 

renewing the Agreement on cooperation in science and technology between the 
European Community and the Government of the Russian Federation 

THE EUROPEAN COMMUNITY (hereinafter ‘the Community’), of the one part, 

and 

THE GOVERNMENT OF THE RUSSIAN FEDERATION, of the other part, 

hereinafter referred to as the ‘Parties’, 

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

RECOGNISING  that  the  Community  and  the  Russian  Federation  are  pursuing  research  and 
technological 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; 

HAVING REGARD to the Agreement on cooperation in science and technology between the 
European  Community  and  the  Government  of  the  Russian  Federation  which  was  signed  in 
Brussels on 16 November 2000 and expires on 20 February 2009; 

DESIRING  to  pursue  their  cooperation  in  science  and  technology  in  the  formal  framework 
established by the Agreement, 

HAVE AGREED AS FOLLOWS: 

Article 1 

The Agreement on cooperation in science and technology between the European Community 
and  the  Government  of  the  Russian  Federation,  which  was  signed  in  Brussels  on  16 
November 2000 and expires on 20 February 2009, is hereby renewed for an additional period 
of five years. 

Article 2 

This  Agreement  shall  enter  into  force  on  the  date  on  which  the  Parties  have  notified  each 
other in writing that their respective internal procedures necessary for its entry into force have 
been completed. 

Article 3 

This  Agreement  is  drawn  up  in  duplicate  in  the  Bulgarian,  Czech,  Danish,  Dutch,  English, 
Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, 
Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Russian languages, 
each of these texts being equally authentic. 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Proposal  for  a  Council  Decision  concerning  the  conclusion  of  an  Agreement  aimed  at 
renewing  the  Agreement  on  cooperation  in  science  and  technology  between  the  European 
Community and the Government of the Russian Federation  

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities: 

Policy strategy and coordination of, in particular, the Directorates-General RTD, JRC, ENTR, 
INFSO and TREN. 

3. 

3.1. 

BUDGET LINES 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B.A lines)) including headings: 

Costs  in  connection  with  the  implementation  of  the  Agreement  (workshops,  seminars, 
meetings, etc.) will be charged to the administrative budget lines for the specific programmes 
of the Framework programme of the European Community (xx.01.05.03). 

3.2. 

Duration of the action and of the financial impact: 

Duration of five years, to be renewed by mutual agreement between the Parties, as laid down 
in Article 12 of the Agreement. 

3.3. 

Budgetary characteristics : 

Budget 
line 

08.01.05.03 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

Non-comp 

Non-diff4 

NO 

YES 

YES 

No [1a] 

4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

EUR million (to 3 decimal places) 

Section 
no. 

Expenditure type 

Operational expenditure5 

2008 

2009 

2010 

2011 

2012 

2013 

Total 

Commitment 
Appropriations (CA) 

8.1 

a 

0 

0 

4 
5 

Non-differentiated appropriations hereafter referred to as NDA 
Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 

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Payment  Appropriations 
(PA) 

0 

b 

Administrative expenditure within reference amount6 

0 

Technical & administrative 
assistance (NDA) 

8.2.4 

c 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT  

Commitment 
Appropriations 

Payment Appropriations 

a+c 

b+c 

0.110 

0.110 

0.110 

0.110 

0.110  0.550 

0.110 

0.110 

0.110 

0.110 

0.110  0.550 

0.110 

0.110 

0.110 

0.110 

0.110  0.550 

Administrative expenditure not included in reference amount7 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

Administrative  costs,  other 
than  human  resources  and 
associated  costs,  not  included 
in reference amount (NDA) 

8.2.5 

d 

8.2.6 

e 

Total indicative financial cost of intervention 

TOTAL  CA  including 
cost 
Human 
of 
Resources 

TOTAL  PA  including 
cost 
Human 
of 
Resources 

Co-financing details 

a+c+d+e 

b+c+d+e 

0.110 

0.110 

0.110 

0.110 

0.110 

0.550 

0.110 

0.110 

0.110 

0.110 

0.110 

0.550 

If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please  specify 
which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in  the  table  below 
(additional  lines  may  be  added  if  different  bodies  are  foreseen  for  the  provision  of  the  co-
financing): 

EUR million (to 3 decimal places) 

Co-financing body 

N+1 

N+2 

N+3 

N+4 

Year 

…………………… 

TOTAL CA including co-
financing 

f 

a+c
+d+
e+f 

N+5 
and 
later 

Total 

6 
7 

Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

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4.1.2.  Compatibility with Financial Programming 

x 

Proposal is compatible with existing financial programming. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 

(cid:133) 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Inter  Institutional 

(cid:133) 
Agreement8 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue 

x 

(cid:133) 

Proposal has no financial implications on revenue 

Proposal has financial impact – the effect on revenue is as follows: 

Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[Yea
r n] 

[n+1] [n+2] [n+3

] 

[n+4]  [n+5]

9

Prior to
action 
[Year 
n-1] 

a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

2008 

2009 

2010 

2011 

2012 

2013 

Total 
number 
human resources 

of 

5. 

5.1. 

CHARACTERISTICS AND OBJECTIVES 

Need to be met in the short or long term 

This decision will allow both Parties to continue, upgrade and intensify their cooperation in 
areas of common scientific and technological interest. 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

This  Agreement  is  based  on  the  principles  of  mutual  benefit,  reciprocal  opportunities  for 
cooperation  activities  such  as  joint  or  coordinated  calls  for  joint  projects,  access  to  each 
other's programmes and activities relevant for the purpose of the Agreement and the effective 
protection  of  intellectual  property  and  equitable  sharing  of  intellectual  property  rights.  The 
proposal also provides for missions by EU experts and officials, and for workshops, seminars 
and meetings to be organised in the European Community and in the Russian Federation. The 

8 
9 

See points 19 and 24 of the Interinstitutional agreement. 
Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years 

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cooperative  activities  in  the  field  of  science  and  technology  under  this  agreement  are 
complementary  to  and  in  support  of  other  Community  activities  vis-à-vis  the  Russian 
Federation.  

5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

This  decision  should  allow  both  the  Russian  Federation  and  the  European  Community  to 
derive  mutual  benefit  from  the  scientific  and  technical  progress  achieved  through  their 
specific research programmes. It will allow an exchange of specific knowledge and a transfer 
of know-how to the benefit of the scientific community, industry and citizens. 

5.4.  Method of Implementation (indicative) 

Centralised Management 

x 

Directly by the Commission 

Indirectly by delegation to: 

Executive Agencies 

ٱBodies set up by the Communities as referred to in art. 185 of the Financial Regulation 

ٱNational public-sector bodies/bodies with public-service mission 

ٱShared or decentralised management 

ٱ 

ٱ 

With Member states 

With Third countries 

Joint management with international organisations (please specify) 

Relevant comments: 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

The  Commission  departments  will  regularly  evaluate  all  the  actions  carried  out  under  the 
cooperation  agreement,  which  will  also  be  subject  to  a  joint  regular  evaluation  by  the 
Community and Russia. This evaluation will cover: 

(a) 

Performance indicators 

–  number of missions and meetings; 

–  number of different fields of cooperation activities. 

(b) 

gathering of information: 

Based  on  information  from  the  specific  programmes  of  the  Framework  Programme  and 
information  provided  by the Russian Federation to the Joint Committee provided for by the 
Agreement. 

(c) 

The  Commission  will  evaluate  the  actions  covered  by  this  participation  before  the 
end of the five year implementation period. 

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6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

The Commission will evaluate the actions covered by this cooperation agreement before the 
end of the five year implementation period. 

6.2.2.  Measures  taken following an intermediate/ex-post evaluation (lessons  learned from 

similar experiences in the past) 

For the Community the positive decision to renew the agreement is based on the EU-Russia 
Permanent Partnership PC meeting of 26 May, 2008. 

6.2.3.  Terms and frequency of future evaluation 

The parties to the Agreement will evaluate the application thereof annually in the meetings of 
the  Joint  Committee  referred  to  in  Article  6  thereof.  Renewal  of  this  agreement  will  be  by 
common agreement between the Parties for additional periods of five years. 

7. 

ANTI-FRAUD MEASURES  

When  the  implementation  of  the  framework  programme  calls  for  the  use  of  external 
contractors  or  implies  granting  financial  contributions  to  third  parties,  the  Commission  will 
carry  out,  where  appropriate,  financial  audits,  in  particular  if  it  has  reason  to  doubt  the 
realistic nature of work performed or described in the activity reports. 

The Community's financial audits will be carried out either by its own staff or by accounting 
experts approved according to the law of the audited party. The Community will choose the 
latter freely, while avoiding any risks of conflicts of interest which might be indicated to it by 
the party subject to the audit. 

In  addition,  in  carrying  out  the  research  activities,  the  Commission  will  ensure  that  the 
financial interests of the European Communities are protected by effective checks and, where 
irregularities are detected, by proportionate and dissuasive measures and penalties. 

In  order  to  achieve  this  aim,  rules  on  checks,  measures  and  penalties,  with  references  to 
Regulations No 2988/95, 2185/96, 1073/99 and 1074/99 will be set out in all contracts used in 
the implementation of the framework programme. 

In particular, the following points will have to be provided for in the contracts: 

– 

– 

– 

– 

the introduction of specific contractual clauses to protect the financial interests of the 
EC in carrying out checks and controls in relation to the work performed; 

the  carrying  out  of  administrative  checks  as  part  of  anti-fraud  measures,  in 
accordance with Regulations No 2185/96, No 1073/1999 and No 1074/1999; 

the  application  of  administrative  penalties  for  all 
intentional  or  negligent 
irregularities  in  the  implementation  of  the  contracts,  in  accordance  with  the 
framework Regulation No 2988/95, including a blacklisting mechanism; 

the  fact  that  possible  recovery  orders  in  case  of  irregularities  and  fraud  be 
enforceable according to Article 256 of the EC Treaty. 

In  addition  and  as  routine  measures,  an  internal  audit  and  control  programme  in  respect  of 
scientific and budgetary aspects will be carried out by the DG Research staff responsible; an 
internal  audit  will  be  carried  out  by  the  Internal  audit  Unit  of  DG  Research;  and  local 
inspections will be undertaken by the Court of Auditors of the European Union. 

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8. 

8.1. 

DETAILS OF RESOURCES 

Objectives of the proposal in terms of their financial cost 

(Headings of Objectives, actions and 
outputs should be provided) 

Type of 
output 

Av. 
cost 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 and 
later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

Commitment appropriations in EUR million (to 3 decimal places) 

OPERATIONAL OBJECTIVE No.1 10 

Action 1………………. 

Output 1 

Output 2 

Action 2………………. 

Output 1 

Sub-total Objective 1 

OPERATIONAL OBJECTIVE No.2  

Action 1………………. 

Output 1 

Sub-total Objective 2 

OPERATIONAL OBJECTIVE No.n 

Sub-total Objective n 

TOTAL COST 

10 

As described under Section 5.3 

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8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of 
post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

2008 

2009 

2010 

2011 

2012 

2013 

A*/AD 

B*, 
C*/AST 

Officials 
or 
temporary 
staff11 
(XX 01 
01) 

Staff  financed12  by 
art. XX 01 02 

staff13 
Other 
financed  by  art.  XX 
01 04/05 

TOTAL 

8.2.2.  Description of tasks deriving from the action 

Management  of  the  Agreement  will  entail  missions  and  attending  meetings  by  EU 
and Russian experts and officials. 

8.2.3. 

Sources of human resources (statutory) 

x 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

EUR million (to 3 decimal places) 

Budget line 

(number and heading) 

2008 

2009 

2010 

2011 

2012 

2013 

TOTAL 

11 
12 
13 

Cost of which is NOT covered by the reference amount 
Cost of which is NOT covered by the reference amount 
Cost of which is included within the reference amount 

EN 

12 

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1  Technical  and  administrative  assistance 
(including related staff costs) 

Executive agencies14 

Other technical and administrative assistance 

0.110 

0.110 

0.110 

0.110 

0.110 

0.110  0.660 

-intra muros  

-extra muros 

Total 
assistance 

Technical 

and 

administrative 

0.110 

0.110 

0.110 

0.110 

0.110 

0.110  0.660 

For  the  organisation  of  workshops,  conferences  and  seminars  to  promote  information 
exchange and enhance scientific cooperation between Russia and the EC. 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

2008 

2009 

2010 

2011 

2012 

2013 

Total 

EUR million (to 3 decimal places) 

amount 

Type of human 
resources 

Officials  and  temporary 
staff (XX 01 01) 

Staff  financed  by  Art 
XX  01  02  (auxiliary, 
END, contract staff, etc.) 

(specify budget line) 

Total cost of Human 
Resources and 
associated costs (NOT 
in reference amount) 

Calculation– Officials and Temporary agents 

Amount given on the basis of the annual cost of an official (all categories included) i.e.:  

Calculation– Staff financed under art. XX 01 02 

8.2.6.  Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

14 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

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2008 

2009 

2010 

2011 

2012  2013 

TOTAL 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees15 

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

 2.Total Other Management Expenditure (XX 01 02 

11) 

3  Other  expenditure  of  an  administrative  nature 

(specify including reference to budget line) 

Total Administrative expenditure, other than 
human resources and associated costs (NOT 
included in reference amount) 

Calculation - Other administrative expenditure not included in reference amount 

15 

Specify the type of committee and the group to which it belongs. 

EN 

14 

   EN