Proposal for a Council Decision on the signature and provisional application on behalf of the European Community of the Agreement on Scientific and Technological Cooperation between the European Community of the one part and the Hashemite Kingdom of Jordan of the other part
Date: 2009-05-13
Institutions: European Commission
Subjects: EU environmental policy, Jordan, cooperation agreement (EU), industrial property, renewal of an agreement, scientific cooperation, technical cooperation, technology

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.5.2009 
COM(2009) 221 final 

Proposal for a 

COUNCIL DECISION 

on the signature and provisional application on behalf of the European Community of 
the Agreement on Scientific and Technological Cooperation between the European 
Community of the one part and the Hashemite Kingdom of Jordan of the other part

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EXPLANATORY MEMORANDUM 

Proposal  for  a  Council  decision  concerning  the  signature  and  provisional 
Subject: 
application  of  a  scientific  and  technical  cooperation  agreement  between  the  European 
Community, on the one part, and the Hashemite Kingdom of Jordan on the other part 

1. 

2. 

3. 

The Euro-Mediterranean Agreement establishing an association (hereinafter referred 
to  as  "the  association  agreement")  between  the  European  Communities  and  their 
Member States, on the one side, and the Hashemite Kingdom of Jordan (hereinafter 
referred to as "Jordan"), on the other, entered into force on 1 May 2002. Article 64 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. 
Similarly,  Article  62  mentions  that  regional  cooperation  will  focus,  amongst  other 
things, on scientific and technological research. 

In  a  letter  dated  20  February  2007  the  Jordanian  Minister  of  Planning  and 
International  Cooperation,  Ms.  Suhair  Al-Ali,  submitted  a  formal  request  to 
commence negotiations on an S&T cooperation agreement. In a letter dated 14 March 
2007, Commissioner Potočnik replied positively to this request.  

Thus,  upon  a  proposal  of  the  Commission,  the  Council  authorised  the  Commission 
on  7  April,  2008  to  negotiate  on  behalf  of  the  European  Community  an  S&T 
cooperation  agreement  with  the  Hashemite  Kingdom  of  Jordan  and  issued  the 
relevant  negotiating  directives.  The  negotiations  resulted  in  the  attached  draft 
agreement text initialed on 28 January 2009. 

4. 

Jordan is an active partner, with important advantages, such as: 

– 

– 

a network of universities and higher education institutions well developed and 
well  equipped  research  and  technological  applications  centres,  like  the 
NCARTT  (National  Center  for  Agricultural  Research  and  Technology 
Transfer) in the field of agronomy;  

a  good  integration  in  the  international  and  regional  scientific  networks  which 
participate  to  the  Global  Forum  of  Sustainable  Development  and  to  the 
the  Conférence  des  Nations  Unies  sur 
International  conventions  of 
(biodiversity, 
(CNUED) 
développement 
l'environnement 
desertification…); 

et 

le 

5. 

Jordan has the capacity to act as a hub for the scientific cooperation with the other 
countries  of  the  region  (Syria,  Lebanon,  Palestinian  Authority,  Israel,  Egypt  and 
Turkey). 
At regional level, Jordan contributes actively to the works of the MoCo 
(Euro-Mediterranean  Monitoring  Committee  for  RTD  co-operation)  where  it  is 
represented  by  its’  “Higher  Council  for  Science  and  Technology”  (HCST).  The 
HCST  was  established  in  1987  to  build  a  national  science  and  technology  base  to 
contribute  to  the  achievement  of  national  developmental  objectives,  through 
increasing  awareness  of  the  significance  of  scientific  research  and  development  by 
providing the necessary funding for such activity and directing R&D activity toward 
developmental priorities.  

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6. 

Following the analysis of the national research system carried out by HCST jointly 
with  the International  Development Research Centre of  Canada, was recommended 
that a national research system be created which would be able to draw and set up a 
policy  for  the  Science,  Technology  and  Innovation  involving  all  the  sectors, 
especially  the  SMEs.  The  priority  domains  presented  as  best  prepared  for 
international and regional co-operation were energy, sustainable development (water 
and natural resources management), health, agriculture and archaeology. As a result, 
the  Jordanian  Government  adopted  a  strategic  document  for  2005-2010  to  better 
integrate science and technology in its national programmes, to establish a scientific 
and technological basis mobilising multidisciplinary and inter-institutional networks, 
and to reinforce partnerships and synergies between the scientific community and the 
actors  of  innovation.  The  domains  identified  are  in  line  with  FP7  priorities,  and  a 
cooperation  of  Jordan  research  institutions  in  international  scientific  teams  would 
certainly  contribute  to  enhance  the  Jordanian  national  research  system,  as  it  will 
improve the S&T cooperation in the region. 

7. 

The  Agreement  should  be  signed  and  applied  on  a  provisional  basis,  pending  the 
completion of the procedures for its formal conclusion. 

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

– 

– 

 To  authorise  the  signature,  on  behalf  of  the  European  Community,  of  the 
Agreement on Scientific and Technological Cooperation between the European 
Community of the one part and the Hashemite Kingdom of Jordan of the other 
part; 

To  approve  the  provisional  application  of  the  Agreement  on  Scientific  and 
Technological Cooperation between the European Community of the one part 
and the Hashemite Kingdom of Jordan of the other part; 

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Proposal for a 

COUNCIL DECISION 

on the signature and provisional application on behalf of the European Community of 
the Agreement on Scientific and Technological Cooperation between the European 
Community of the one part and the Hashemite Kingdom of Jordan of the other part 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

The  Commission  has  negotiated,  on  behalf  of  the  Community,  an  Agreement  on 
Scientific and Technological Cooperation with the Hashemite Kingdom of Jordan. 

(2) 

The negotiations resulted in the attached agreement initialled on 28 January 2009. 

(3) 

It  is  necessary  to  sign  the  Agreement  negotiated  by  the  Commission  in  view  of  its 
possible conclusion at a later date. 

HAS DECIDED AS FOLLOWS: 

Article 1 

(1) 

(2) 

(3) 

The signing of the Agreement on Scientific and Technological Cooperation between 
the European Community of the one part and the Hashemite Kingdom of Jordan of 
the other part is hereby approved on behalf of the Community, subject to the Council 
Decision concerning the conclusion of the said Agreement. 

The text of the Agreement is annexed to this Decision. 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s) 
empowered  to  sign,  on  behalf  of  the  European  Community,  the  Agreement  on 
Scientific and Technological Cooperation between the European Community, of the 
one part, and the Hashemite Kingdom of Jordan, of the other part. 

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OJ C, p… 

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Article 2 

(1) 

(2) 

The Agreement shall be applied on a provisional basis as provided for in Article 7(2) 
of the Agreement, pending completion of the procedures for conclusion. 

The Commission shall adopt the position of the Community to be taken in the Joint 
Committee  established  by  Article  4  (2)  of  the  Agreement  with  regard  to  technical 
amendments to the Agreement according to Article 7 (5) of the Agreement. 

Article 3 

The Decision shall be published in the Official Journal of the European Union 

.Done at Brussels, […] 

For the Council 
The President 

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ANNEX  

AGREEMENT 

on Scientific & Technological Cooperation between the European Community and the 
Government of the Hashemite Kingdom of Jordan 

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

And 

The Hashemite Kingdom of Jordan (hereinafter referred to as "Jordan"), 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  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  Hashemite  Kingdom  of  Jordan,  on  the  other  hand,  which 
entered into force the 1st of May 2002; 

CONSIDERING the European Neighbourhood Policy and the EU strategy to strengthen the 
relations with the neighbourhood countries, in the framework of which the parties have met 
and  agreed  on  an  Action  Plan,  one  of  which  priorities  was  "to  strengthen  cooperation  in 
science and technology". The Joint Action Plan of the European Neighbourhood Policy is in 
line  with  the  Government  of  Jordan's  Executive  Programme  (2007-2009)  for  Kuluna  Al 
Urdun/the  National  Agenda,  which  aims  to  develop  a  sustainable  socio-economic  reform 
process; 

WHEREAS  the  Community  and  Jordan  undertook  common  research,  technological 
development  and  demonstration  activities,  in  various  fields  of  common  interest,  and  that  it 
would be to their mutual advantage that each of them takes 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; 

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

Have agreed as follows: 

Article 1 

Scope and principles 

1. 

The Parties shall encourage, develop and facilitate cooperative activities between the 
Community  and  Jordan  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 facilitate cooperative activities; 

Appropriate exchange and protection of intellectual property rights; 

Participation and funding in compliance with the relevant laws and regulations 
of the parties. 

Article 2 

Means of cooperation 

1. 

Legal entities established in Jordan, as defined in Annex I, including either physical 
persons  or  private  or  public  legal  persons,  shall  participate  in  indirect  cooperative 
activities  of  the  European  Community's  Framework  programme  for  research  and 
technological development and demonstration activities (hereinafter referred to as the 
"Framework  programme"),  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,  as 
defined in Annex 1, shall participate in Jordan's research programmes and projects in 
themes equivalent to those of the Framework programme under the same conditions 
as  those  applicable  to  legal  entities  of  Jordan,  subject  to  the  terms  and  conditions 
established by, or referred to in Annexes I and II. 

2. 

Cooperation may also take the following forms and means: 

– 

Regular discussions on the orientations and priorities for research policies and 
planning in Jordan and the Community; 

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– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Discussions on cooperation, developments and prospects;  

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

the 

Joint meetings; 

Visits and exchanges of research workers, engineers and technicians, including 
for training purposes; 

Exchanges and sharing of equipment, materials and testing services; 

Contacts  between  programme  or  project  managers  of  Jordan  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 technological information within the scope 
of this cooperation; 

Any other modality that would be adopted by the European Community-Jordan 
Joint Scientific and Technological Cooperation Committee, as defined in article 
4, and deemed in conformity with the policies and procedures applicable in both 
Parties. 

Article 3  

Enhancement of cooperation 

1. 

2. 

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  Jordan  participating  in  a  Community  indirect  cooperative  activity, 
Jordan will ensure that no charge or levy shall be imposed upon that transaction. 

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Article 4 

Management of the Agreement 

European Community-Jordan Joint Scientific and Technological Cooperation 

1. 

2. 

3. 

4. 

Committee 

The  coordination  and  facilitation  of  activities  under  this  Agreement  shall  be 
performed on behalf of Jordan, by the Higher Council for Science and Technology 
and, on behalf of the Community, by the European Commission, acting as executive 
agents of the Parties (hereinafter referred to as "Executive Agents").  

joint  committee  called  "European 
The  Executive  Agents  shall  establish  a 
Community-Jordan  Joint  Scientific  and  Technological  Cooperation  Committee" 
(hereinafter "the Joint Committee"), whose functions shall include: 

– 

– 

– 

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 fulfillment 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 examine any measure to that end; 

Regularly discussing the future orientations  and  priorities of  research policies 
and  research  planning  in  Jordan  and  the  Community  and  the  prospects  for 
future cooperation within this Agreement; 

–  Making  recommendations  to the  Parties with  regard to the implementation of 
this Agreement, including the identification and recommendation of additions 
to the Activities referred to in Article 2, paragraph 2 and concrete measures to 
improve the mutual access provided for under Article 1, paragraph 2. 

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

The  Joint  Committee  shall  normally  meet  once  a  year,  alternatively  in  the 
Community and in Jordan. Extraordinary meetings shall be held whenever necessary 
and agreed between 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 Hashemite Kingdom 
of Jordan. 

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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 the legislation, regulations, policies and 
conditions of implementation of the programmes in force in the territory of each Party. 

When  one  Party  provides  financial  support  to  Participants  of  the  other  Party  in  connection 
with Indirect Cooperative Activities, any grants and financial or other contributions from the 
funding Party to Participants of the other Party in support of those activities shall be granted 
tax and customs exemption. 

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 П. 

Article 7  

Final provisions 

1. 

2. 

3. 

4. 

Annexes I and Π form an integral part of this Agreement. All questions or disputes 
related to the interpretation or implementation of this Agreement shall be settled by 
mutual agreement of the Parties. 

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

This Agreement shall remain in force until such time as either Party gives notice in 
writing to the other Party of its intention to terminate this Agreement. In such case 

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5. 

6. 

this  Agreement  shall  cease  to  have  effect  six  months  after  the  receipt  of  such 
notification. 

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  paragraph  3  of  this  article,  this  Agreement  may  be  terminated  under 
mutually  agreed  conditions  should  either  of  the  Parties  notify  the  other  within  one 
month  after  the  adoption  of  the  revisions  referred  to  above  in  this  paragraph  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 Hashemite Kingdom of 
Jordan. 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. 

IN  WITNESS  WHEREOF,  the  undersigned,  being  duly  authorised  thereto  by  the  European 
Community and the Hashemite Kingdom of Jordan respectively, have signed this Agreement. 

DONE in duplicate at……………….., this ……… day of ………………….., in the English, 
Bulgarian,  Czech,  Danish,  Dutch,  Estonian,  Finnish,  French,  German,  Greek,  Hungarian, 
Italian,  Latvian,  Lithuanian,  Maltese,  Polish,  Portuguese,  Romanian,  Slovak,  Slovenian, 
Spanish, Swedish and Arabic languages, each text being equally authentic.  

FOR 
THE 
COMMUNITY: 

EUROPEAN 

FOR 
THE 
KINGDOM OF JORDAN: 

HASHEMITE 

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ANNEX I 

Terms and conditions for the participation of legal entities established in Member States 
of the European Union and in Jordan 

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.  Terms  and  conditions  for  the  participation  of  legal  entities  established  in  Jordan  in 
indirect actions of the Framework programme 

1. 

2. 

3. 

Participation  of  legal  entities  established  in  Jordan  in  indirect  actions  of  the 
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  Jordan  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  Jordan 
participating in indirect actions referred to in paragraph 1 above under the terms and 
conditions  laid  down  by  the  decision  taken  by  the  European  Parliament  and  the 
Council  (Regulation  (EC)  N°  1906/2006  of  the  European  Parliament  and  of  the 
Council  of  18  December  2006  laying  down  the  rules  for  the  participation  of 
undertakings,  research  centres  and  universities  in  actions  under  the  Seventh 
Framework  Programme  and  for  the  dissemination  of  research  results  (2007-
2013)2according to article 167 of the Treaty establishing the European Community, 
the  European  Community's  Financial  Regulations  and  any  other  applicable 
Community legislation. 

A  grant  agreement  or  contract  concluded  by  the  Community  with  any  legal  entity 
established in Jordan in order to perform an indirect action shall provide for controls 
and audits to be carried out by, or under the authority of, the European Commission 
or the Court of Auditors of the European Communities. 

In a spirit of cooperation and mutual interest, the relevant Authorities of Jordan shall 
provide any reasonable and feasible assistance as may be necessary or helpful under 
the circumstances to perform such controls and audits. 

2 

OJ L391, p.1 of 30.12.2006 

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II.  Terms  and  conditions  for  the  participation  of  legal  entities  established  in  Member 
States of the European Union in Jordan research programmes and projects 

1. 

2. 

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 Jordan research and development programmes jointly with 
Jordan legal entities. 

Subject  to  paragraph  1  above  and  to  Annex  П,  the  rights  and  obligations  of  legal 
entities established in the Community participating in Jordan research projects within 
research and  development programmes, 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  Jordanian  laws,  regulations  and 
government  directives  governing  the  operation  of  research  and  development 
programmes, as applicable to Jordan's legal entities and assuring equitable treatment, 
taking into account the nature of the cooperation between Jordan and the Community 
in this field. 

Funding of legal entities established in the Community participating in the relevant 
Jordanian projects within research and development programmes shall be subject to 
Jordan's laws, regulations and government directives governing the operation of said 
programmes, as applicable to non-Jordanian legal entities. 

III. Information on participation opportunities 

Jordan  and  the  European  Commission  will  regularly  make  available  information  on  current 
programmes and participation opportunities for the benefits of legal entities established in the 
two Parties. 

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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  participating  in  Indirect 
Cooperative Activities 

1. 

2. 

Each  Party  shall  ensure  that  its  treatment  of  the  intellectual  property  rights  and 
obligations of legal entities established in the other Party's territories participating in 
indirect cooperative activities carried out pursuant to this Agreement and the related 
rights  and  obligations  arising  from  such  participation,  shall  be  consistent  with  the 
relevant laws and regulations and international conventions that are applicable to the 
Parties,  including  the  Agreement  on  Trade-Related  Aspects  of  Intellectual  Property 
Rights,  Annex  1C  of  the  Marrakech  Agreement  Establishing  the  World  Trade 
Organisation as well as the Paris Act of 24th July 1971 of the Berne Convention for 
the  Protection  of  Literary  and  Artistic  Works  and  the  Stockholm  Act  of  14th  July 
1967 of the Paris Convention for the Protection of Industrial Property. 

Each Party shall ensure that the Participants in Indirect Cooperative Activities of the 
other  Party  shall  have  the  same  treatment  with  regard  to  Intellectual  Property  as  is 
accorded to the Participants of the first Party under the relevant rules of participation 
of  each  research  programme  or  project,  or  its  applicable  laws  and  regulations.

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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, of 
this Agreement: 

a) 
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. 

b) 
The Party owning that knowledge shall grant access rights to it to the other Party for 
carrying  out  activities  referred  to  in  Article  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  worldwide,  non-exclusive, 
irrevocable,  royalty-free  license  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. 

The  receiving  Party  may  under  its  own  responsibility  communicate  undisclosed 
b) 
information to bodies or persons under its authority for the specific purposes of implementing 
this Agreement. 

With  the  prior  written  consent  of  the  Party  providing  undisclosed  information,  the 
c) 
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 such wider dissemination, and each Party will provide 
such approval to the extent permitted by its domestic policies, regulations and laws. 

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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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LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Proposal for a Council decision concerning the signature and provisional application 
of  a  scientific  and  technical  cooperation  agreement  between  the  European 
Community, of the one part, and the Hashemite Kingdom of Jordan of the other part. 

2. 

ABM / ABB FRAMEWORK 

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

3. 

BUDGET LINES 

3.1. 

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,  videoconferences),  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: 

From the date on which the Parties have notified to each other the completion of their 
internal  procedures  for  its  conclusion.  The  Parties  shall  provisionally  apply  this 
Agreement  upon  its  signature  and  it  will  remain  in  force  until  such  time  as  either 
Party  gives  notice  in  writing  to  the  other  Party  of  its  intention  to  terminate  the 
Agreement, as laid down in Article 7 (4) of the Agreement. 

3.3. 

Budgetary characteristics (add rows if necessary) : 

Budget line 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

XX.01.05.03  Comp/ 

Non-
comp 

Diff3/ 
Non-
diff4 

NO 

YES 

YES 

No [1A] 

3 
4 

Differentiated appropriations 
Non-differentiated appropriations hereafter referred to as NDA 

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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. 

2009 

2010 

2011 

2012 

2013 

Expenditure type 

Operational expenditure5 

Commitment 
Appropriations (CA) 

8.1 

Payment  Appropriations 
(PA) 

a 

b 

Administrative expenditure within reference amount6 

n + 5 
and 
later 

Total 

Technical 
& 
administrative  assistance 
(NDA) 

8.2.4 

c 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT  

0.02  0.02 

0.02 

0.02 

0.02 

0.10 

Commitment 
Appropriations 

Payment 
Appropriations 

a+c  0.02  0.02 

0.02 

0.02 

0.02 

b+c  0.02  0.02 

0.02 

0.02 

0.02 

0.10 

0.10 

Administrative expenditure not included in reference amount7 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

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

costs, 

8.2.5 

d 

8.2.6 

e 

Total indicative financial cost of intervention  

TOTAL  CA 
cost 
Resources 

of 

TOTAL  PA 
cost 
Resources 

of 

including 
Human 

including 
Human 

Co-financing details 

0.02  0.02 

0.02 

0.02 

0.02 

0.02  0.02 

0.02 

0.02 

0.02 

0.10 

0.10 

a+c
+d+
e 

b+c
+d+
e 

5 
6 
7 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
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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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) 

n + 1 

n + 2 

n + 3 

n + 4 

Year 
n 

n  +  5 
and 
later 

Total 

Co-financing body 

…………………… 

TOTAL CA including co-
financing 

f 

a+c
+d+
e+f 

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  Interinstitutional 

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

4.1.3.  Financial impact on Revenue 

X 

Proposal has no financial implications on revenue 

(cid:133) 

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

NB: All details and observations relating to the method of calculating the effect on 
revenue should be shown in a separate annex. 

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 

 ∆ 

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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(Please specify each revenue budget line involved, adding the appropriate number 
of rows to the table if there is an effect on more than one budget line.) 

4.2. 

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

Annual requirements 

Year n 

n + 1 

n + 2 

n + 3 

n + 4 

n + 5 
and 
later 

number 
Total 
human resources 

of 

5. 

CHARACTERISTICS AND OBJECTIVES 

Details  of  the  context  of  the  proposal  are  required  in  the  Explanatory  Memorandum. 
This section of the Legislative Financial Statement should include the following specific 
complementary information: 

5.1. 

Need to be met in the short or long term 

This  decision  will  allow  both  Parties  to  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 

The Agreement is based on the principles of mutual benefit, reciprocal opportunities 
for access to each other's programmes and activities relevant for the purpose of the 
Agreement,  non-discrimination,  the  effective  protection  of  intellectual  property  and 
equitable sharing of intellectual property rights. The proposal is also in line with the 
administrative expenditure borne by the Community which provides for missions by 
EU experts and officials, and for workshops, seminars and meetings to be organised 
in the European Community and in Jordan. 

5.3. 

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

This decision will allow both Jordan and the European Community to derive mutual 
benefit from the scientific and technological 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. 

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5.4.  Method of Implementation (indicative) 

Show below the method(s)10 chosen for the implementation of the action. 

ٱ Centralised Management 

ٱX 

Directly by the Commission 

ٱ 

ٱ 

ٱ 

ٱ 

Indirectly by delegation to: 

Executive Agencies 

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

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

ٱ Shared or decentralised management 

ٱ 

ٱ 

With Member states 

With Third countries 

ٱ Joint management with international organisations (please specify) 

Relevant comments: 

10 

If  more  than  one  method  is  indicated  please  provide  additional  details  in  the  "Relevant  comments" 
section of this point 

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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 Jordan. 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  Jordan  to  the  Joint 
Committee provided for by the Agreement. 

6.2. 

Evaluation 

The Commission will evaluate the actions covered by this cooperation agreement on 
a regular basis. 

6.3. 

Terms and frequency of future evaluation 

The parties to the Agreement will evaluate the application thereof at least every two 
years  in  the  meetings  of  the  Joint  Committee  referred  to  in  Article  4  of  the 
Agreement. 

7. 

ANTI-FRAUD MEASURES  

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

their  parties, 

to 

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, the Commission will make sure, in  carrying out the  research activities, 
that  the  financial  interests  of  the  European  Communities  are  protected  by  effective 
checks  and,  where  irregularities  are  detected,  by  deterrent  and  proportionate 
measures and penalties. In order to achieve this aim, rules on checks, measures and 
penalties, with reference to Regulations Nos. 2988/95, 2185/96 and 1073/99, will be 
incorporated  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: 

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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  participation  of  administrative  inspectors  in  the  field  of  fraud-fighting,  in 

- 
accordance with Regulations Nos. 2185/96 and 1073/99; 

- 
the  application  of  administrative  penalties  for  all  intentional  or  negligent 
irregularities in the implementation of the contracts, in accordance with Framework 
Regulation No. 2988/95, including a black-listing 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, a control programme in respect of scientific and 
budgetary  aspects  will  be  carried  out  by  the  DG  Research  staff  responsible.  Local 
inspections will be carried out by the European Court of Auditors. 

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8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

Type of 
output 

Av. 
cost 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

Year n+5 and later 
No. 
outputs 

Total 
cost 

TOTAL 

No. 
outputs 

Total 
cost 

Commitment appropriations in EUR million (to 3 decimal places) 

should 

outputs 

(Headings of Objectives, actions 
and 
be 
provided) 
OPERATIONAL  OBJECTIVE 
No.1 11……… 
Action 1………………. 
- Output 1 
- Output 2 
Action 2………………. 
- Output 1 
Sub-total Objective 1 
OPERATIONAL  OBJECTIVE 
No.2 1……… 
Action 1………………. 
- Output 1 
Sub-total Objective 2 
OPERATIONAL  OBJECTIVE 
No.n 1 
Sub-total Objective n 
TOTAL COST 

11 

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) 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 

A*/AD 

B*, 
C*/AST 

Officials 
or 
temporary 
staff12 
(XX 01 
01) 

Staff  financed13  by 
art. XX 01 02 

staff14 
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 Jordanian experts and officials. 

8.2.3. 

Sources of human resources (statutory) 

(When more than one source is stated, please indicate the number of posts originating from 
each of the sources) 

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

X 
or extended 

(cid:133) 

(cid:133) 

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 

(cid:133) 
(internal redeployment) 

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

(cid:133) 
year in question 

12 
13 
14 

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 

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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) 

2009 

2010  2011  2012  2013 

TOTAL 

Year n+5  

and later 

Technical 

and 
1 
assistance (including related staff costs) 

administrative 

 Executive agencies15 

Other 

technical 

and 

administrative 

assistance 

 - intra muros  

- extra muros 

0.02 

0.02 

0.02 

0.02 

0.02 

0.10 

Total  Technical  and  administrative 
assistance 

0.02 

0.02 

0.02 

0.02 

0.02 

0.10 

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

amount 

Type of human resources 

Year n 

Year n+1  Year n+2  Year n+3  Year n+4 

Year n+5 

and later 

EUR million (to 3 decimal places) 

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 

(122.000 € per year for officials) 

15 

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

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8.2.6.  Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n 

Year 
n+5 

and 
later 

TOTAL 

 XX 01 02 11 01 – Missions 

 XX 01 02 11 02 – Meetings & Conferences 

 XX 01 02 11 03 – Committees16  

 XX 01 02 11 04 – Studies & consultations 

 XX 01 02 11 05 - Information systems 

 2Total Other Management Expenditure 

(XX 01 02 11) 

3 

Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

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

Calculation - Other administrative expenditure not included in reference amount 

16 

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

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