Proposal for a COUNCIL DECISION on the conclusion of the Agreement between the European Union, on the one hand, and the People's Democratic Republic of Algeria, on the other, on cooperation in science and technology
Date: 2011-07-07
Institutions: European Commission
Subjects: Algeria, applied research, cooperation agreement, scientific cooperation

EUROPEAN COMMISSION 

Brussels, 7.7.2011 
COM(2011) 395 final 

2011/0175 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Union, on the one hand, and 
the People's Democratic Republic of Algeria, on the other, on cooperation in science and 
technology 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The Euro-Mediterranean Agreement establishing an association (hereinafter referred to as ‘the 
association agreement’) between the European Community and its Member States, on the one 
hand, and the People's Democratic Republic of Algeria (hereinafter referred to as ‘Algeria’), 
on  the  other,  was  signed  on  22  April  2002.  Article  50(d)  of  the  Agreement  identifies 
cooperation  in  scientific  and  technological  research  as  an  area  of  particular  interest  and 
potential, while Article 51(a), in particular, provides for the establishment of permanent links 
between the two parties’ scientific communities. 

The  European  Neighbourhood  Policy,  to  which  Algeria  is  not  party  but  which  provides  a 
framework  for  relations  between  the  European  Union  and  its  neighbours,  establishes  a  new 
framework  for  implementing  the  association  agreement.  Commission  Communication 
COM(2004)  373  final  of  12  May  2004  defines  scientific  and  technological  cooperation  and 
R&D as one of the priorities of our relations with the Mediterranean countries. In line with the 
European  Neighbourhood  Policy,  a  strategy  document  for  2007-13  describes  scientific 
research  as  an  essential  element  that  contributes  to  building  a  knowledge  society  and  to 
reducing unemployment as the economy becomes more open. 

In  a  letter  of  30  May  2006  the  Algerian  authorities  expressed  their  interest  in  launching 
negotiations  with  a  view  to  concluding  an  agreement  between  the  EC  and  Algeria  on 
cooperation in science and technology. In a letter of 8 January 2007 the Commission accepted 
to  make  an  exploratory  and  evaluation  visit  to  Algeria  to  prepare  for  the  negotiations. 
Exploratory  talks  took  place  in  2008.  Upon  a  proposal  of  the  Commission,  the  Council 
authorised  the  Commission  on  16  November  2009  to  negotiate  on  behalf  of  the  European 
Union an agreement on cooperation in science and technology with the People's Democratic 
Republic of Algeria and issued the relevant negotiating directives. The negotiations resulted 
in the attached draft agreement text initialled on 14 October 2010.  

Concluding  an  agreement  in  the  field  of  science  and  technology  would  serve  the  mutual 
interests of the European Union and Algeria, as it would enable continuing and strengthening 
cooperation  with  that  country.  Such  cooperation  would  promote  the  development  and 
competitiveness of Algeria and the entire region and would create closer ties between the two 
parties,  to  the  benefit  of  the  European  Union.  A  science  and  technology  cooperation 
agreement would be the most appropriate tool for reinforcing Algeria's cooperation with and 
participation in the framework programme and for intensifying dialogue related to science and 
technology. 

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

– 

– 

to adopt the conclusion of the Agreement between the European Union, on the 
one  hand,  and  the  People's  Democratic  Republic  of  Algeria,  on  the  other,  on 
cooperation in science and technology; 

to  notify  the  Algerian  authorities  that  the  European  Union  has  completed  the 
procedures necessary for the entry into force of the Agreement. 

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2. 

LEGAL ELEMENTS OF THE PROPOSAL 

Article  186  in  conjunction  with  Article  218(6)  of  the  Treaty  on  the  Functioning  of  the 
European Union. 

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2011/0175 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Union, on the one hand, and 
the People's Democratic Republic of Algeria, on the other, on cooperation in science and 
technology 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 186 in conjunction with Article 218(6) and (7) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament1, 

Whereas: 

(1) 

(2) 

on 16 November 2009 the Council authorised the Commission to negotiate, on behalf 
of the European Union, an agreement on cooperation in science and technology with 
the  People's  Democratic  Republic  of  Algeria.  The  negotiations  resulted  in  an 
agreement initialled on 14 October 2010. 

this Agreement was signed by the representatives of the parties on …….….., subject 
to its conclusion at a later date, and provisionally applied upon its signature, pursuant 
to Article 218(5) of the Treaty on the Functioning of the European Union. 

(3) 

The Agreement should be concluded on behalf of the European Union, 

HAS ADOPTED THIS DECISION:  

Article 1 

1. 

The  Agreement  between  the  European  Union,  on  the  one  hand,  and  the  People's 
Democratic  Republic  of  Algeria,  on  the  other,  on  cooperation  in  science  and 
technology is concluded on behalf of the European Union. 

2. 

The text of the Agreement is attached to this Decision. 

1 

OJ C […] […], p. […] 

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The  President  of  the  Council,  on  behalf  of  the  European  Union,  shall  make  the  notification 
provided for in Article 7(2) of the Agreement. 

Article 2 

Article 3 

The  Commission  shall  adopt  the  position  of  the  European  Union  to  be  taken  in  the  Joint 
Committee established by Article 4(2) of the Agreement with regard to technical amendments 
to the Agreement in accordance with Article 4(2)(a) of the Agreement. 

This  Decision  shall  enter  into  force  on  the  date  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union. 

Article 4 

Done at  

For the Council 
The President 

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ANNEX  

AGREEMENT 

between the European Union and the People’s Democratic Republic of Algeria on 
scientific and technological cooperation 

the European Union  

(hereinafter referred to as ‘the Union’)  

of the one part, 

AND 

the People’s Democratic Republic of Algeria  

(hereinafter referred to as ‘Algeria’)  

of the other part, 

hereinafter referred to as ‘the Parties’, 

HAVING  REGARD  TO  the  importance  of  science  and  technology  for  the  economic  and 
social  development  of  the  two  Parties  and  the  reference  made  in  Article 51  of  the 
Euro-Mediterranean  Agreement  establishing  an  association  between 
the  European 
Community and its Member States, on the one hand, and the People’s Democratic Republic of 
Algeria, on the other hand, which came into force on 1 September 2005; 

HAVING  REGARD  to  the  European  Neighbourhood  Policy  and  the  European  Union’s 
strategy for strengthening its relations with neighbouring countries; 

WHEREAS the Union and Algeria have undertaken joint research, technological development 
and  demonstration  activities,  in  various  fields  of  common  interest,  and  it  would  be  to  their 
mutual  advantage  for  each  to  take  part  in  the  other  party’s  research  and  development 
activities, on a reciprocal 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 to further the 
Parties’ mutual economic and social interests; 

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

Have agreed as follows: 

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Article 1 

Scope and principles 

The Parties shall encourage, develop and facilitate cooperation activities between the 
1. 
Union  and  Algeria  in  fields  of  common  interest  where  they  are  pursuing  research  and 
development activities in science and technology. 

2. 

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

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

(a) 
development of both Parties; 

(b) 

mutual benefit based on an overall balance of advantages; 

reciprocal  access  to  the  activities  of  research  programmes  and  technological 

(c) 
developments undertaken by each Party; 

(d) 

timely exchange of information which may facilitate cooperative activities; 

(e) 

appropriate exchange and protection of intellectual property rights; 

participation and funding in compliance with the relevant laws and regulations of the 

(f) 
Parties. 

Article 2 

Means of cooperation 

1. 
Legal entities established in Algeria, as defined in Annex I, including either physical 
persons or private or public legal persons, shall participate in indirect cooperation activities of 
the  European  Union’s  Framework  Programme  for  research  and  technological  development 
and  demonstration  activities  (hereinafter  referred  to  as  the  ‘Framework  Programme’),  in 
accordance with the terms and conditions established by or referred to in Annexes I and II. 

Legal  entities  established  in  the  Member  States  of  the  Union,  as  defined  in  Annex  I,  shall 
participate  in  Algeria’s  research  programmes  and  projects  in  thematic  areas  equivalent  to 
those of the Framework programme under the same terms and conditions established by, or 
referred to in Annexes I and II. 

2. 

Cooperation may also take the following forms: 

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

(a) 
in Algeria and the Union; 

(b) 

discussions on cooperation, developments and future prospects;  

(c) 
the  timely  provision  of  information  concerning  the  implementation  of  programmes 
and  research  projects  of  Algeria  and  of  the  Union,  and  concerning  the  results  of  work 
undertaken within the framework of this Agreement; 

(d) 

joint meetings; 

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visits  and  exchanges  of  research  workers,  engineers  and  technicians,  including  for 

(e) 
training purposes; 

(f) 

exchanges and sharing of equipment, materials and testing services; 

(g) 

contacts between programme or project managers of Algeria and the Union; 

(h) 

participation of experts in seminars, symposia and workshops; 

exchanges of information on practices, laws, regulations, and programmes relevant to 

(i) 
cooperation under this Agreement; 

(j) 

research and technological development training; 

reciprocal  access  to  scientific  and  technologic  information  in  the  framework  of  this 

(k) 
cooperation; 

(l) 
any  other  means  to  be  adopted  by  the  European  Union-Algeria  Joint  Scientific  and 
Technological  Cooperation  Committee,  as  defined  in  Article  4,  and  deemed  in  conformity 
with the policies and procedures applicable in both Parties; 

supporting  the  optimum  exploitation  of  the  results  of  research  and  development  by 

(m) 
innovating companies in order to promote the spread of new knowledge and innovation; 

assisting  the  management  of  scientific  research  and  supporting  the  setting  up  of  an 

(n) 
information system on research; 

examining the possibility of cooperation in setting up incubators and nurseries and the 
(o) 
start-up and creation of research centres, including by means of European programmes other 
than the Framework Programme; 

(p) 

promoting cooperation by means of research and development projects; 

(q) 

access to research infrastructures; 

(r) 

possibility of co-financing and coordinating research activities. 

Article 3 

Enhancement of cooperation 

The  Parties  shall  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. 

Article 4 

Management of the Agreement 

European Union-Algeria Joint Scientific and Technological Cooperation Committee 

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1. 
The coordination and facilitation of activities under this Agreement shall be performed 
on  behalf  of  Algeria,  by  the  Ministry  of  Higher  Education  and  Scientific  Research  and,  on 
behalf of the Union, by the European Commission, acting as executive agents of the Parties 
(hereinafter referred to as ‘executive agents’).  

2. 
The  executive  agents  shall  establish  a  joint  committee  called  the  ‘European 
Union-Algeria  Joint  Scientific  and  Technological  Cooperation  Committee’  (hereinafter  ‘the 
Joint Committee’), whose functions shall include: 

(a) 
ensuring, evaluating and reviewing the implementation of this Agreement, as well as 
modifying its Annexes or adopting new ones to take account of developments in the Parties’ 
scientific policies, subject to the fulfilment by each of the Parties of its internal procedures for 
that purpose; 

identifying,  on  an  annual  basis,  potential  sectors  where  cooperation  should  be 

(b) 
developed and improved and examine any measure which could be taken to that end; 

(c) 
regularly  examining  the  future  orientations  and  priorities  of  research  policies  and 
research planning in Algeria and the Union and the prospects for future cooperation within the 
framework of this Agreement; 

(d) 
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(2)  and  specific  measures  to  improve  the  mutual  access  provided  for 
under Article 1(2); 

making, subject to each Party’s domestic approval processes, technical amendments to 

(e) 
this Agreement as may be required. 

The  Joint  Committee,  which  shall  be  formed  of  representatives  of  the  Executive 

3. 
Agents, shall adopt its rules of procedure. 

4. 
The  Joint  Committee  shall  normally  meet  once  a  year,  with  the  location  of  that 
meeting  alternating  between  the  EU  and  Algeria.  Extraordinary  meetings  shall  be  held 
whenever  necessary  and  agreed  between  the  Parties.  The  conclusions  and  recommendations 
of  the  Joint  Committee  shall  be  sent  for  information  to  the  Association  Committee  of  the 
Euro-Mediterranean  Agreement  between  the  European  Union  and  the  People’s  Democratic 
Republic of Algeria. 

Article 5 

Financing 

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

When one Party grants financial support to participants of the other Party in connection with 
indirect  cooperative  activities,  any  grants  and  financial  or  other  contributions  made  by  the 
funding Party to participants of the other Party in support of those activities shall be granted 
tax and customs duty exemption in accordance with the relevant laws and regulations in force 

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in the territory of each Party at the time such grants and financial or other contributions are 
made. 

Article 6 

Dissemination and use of the results and information 

The dissemination and the use of the results and information obtained and/or exchanged and 
the  management,  allocation  and  exercise  of  intellectual  property  rights  resulting  from  the 
research  activities  undertaken  under  this  Agreement  shall  be  subject  to  the  conditions 
provided for in Annex II. 

Article 7 

Final provisions 

Annexes  I  and  II  shall  form  an  integral  part  of  this  Agreement.  Any  questions  or 
1. 
disputes relating to the interpretation or implementation of this Agreement shall be settled by 
mutual agreement of the Parties. 

This Agreement shall enter into force once the Parties have notified each other of the 
2. 
completion  of  their  internal  procedures  for  its  conclusion.  Pending  the  completion  of  these 
procedures  by  the  Parties,  the  Parties  shall  provisionally  apply  this  Agreement  upon  its 
signature. Should a Party notify the other that it will not conclude the Agreement, the projects 
and  activities  commenced  during  the  period  of  provisional  application  and  which  are  still 
ongoing  at  the  time  of  the  aforementioned  notification  shall  continue  until  their  completion 
under the conditions laid down in this Agreement. 

3. 
Either of the Parties may terminate this Agreement at any time by giving six months’ 
notice.  Projects  and  activities  in  progress  at  the  time  of  termination  of  the  Agreement  shall 
continue until their completion under the conditions laid down therein. 

4. 
This Agreement shall remain in force after the initial period until such time as either 
Party gives notice in writing to the other Party of its intention to terminate it. In this event, the 
Agreement shall cease to have effect six months after the receipt of such notification. 

5. 
If one of the Parties decides to modify its research programmes or projects referred to 
in Article 1(1), the executive agent of that Party shall notify the executive agent of the other 
Party  of  the  precise  content  of  the  amendments  in  question.  By  way  of  derogation  from 
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 amendments referred to in this paragraph of its intention to terminate this Agreement. 

6. 
This Agreement shall apply, on the one hand, to the territories in which the Treaty on 
European Union and the Treaty on the Functioning of the European Union apply and under 
the  conditions  laid  down  in  these  Treaties,  and,  on  the  other  hand,  to  the  territory  of  the 
People’s Democratic Republic of Algeria. This shall not prevent the conduct of cooperative 
activities  on  the  high  seas,  in  space,  or  the  territory  of  third  countries,  in  accordance  with 
international law. 

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IN  WITNESS  WHEREOF,  the  undersigned,  being  duly  authorised  to  that  end  by  the 
European Union and the People’s Democratic Republic of Algeria respectively, have signed 
this agreement. 

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

FOR THE EUROPEAN UNION 

THE 

FOR 
PEOPLE’S 
DEMOCRATIC  REPUBLIC  OF 
ALGERIA 

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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 Algeria  

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 European Union 
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  Algeria  in 
indirect actions of the Framework Programme 

1. 
The  participation  of  legal  entities  established  in  Algeria  in  indirect  actions  of  the 
Framework Programme shall follow the conditions laid down by the European Parliament and 
the Council according to Article 183 of the Treaty on the Functioning of the European Union.  

2. 
The Union may grant funding to legal entities established in Algeria participating in 
the indirect actions referred to in paragraph 1 in accordance with the terms and conditions laid 
down by the decision(s) taken by the European Parliament and the Council in accordance with 
Article 183  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the  European 
Community’s Financial Regulation and other applicable EU legislation. 

Provision must be made for the performance of controls and audits carried out by, or 
3. 
under  the  authority  of,  the  European  Commission  and  the  European  Court  of  Auditors  in 
either a grant agreement or contract entered into by the Union with a legal entity established 
in Algeria in order to conduct indirect action or in the grant decision issued by the Union. 

In the spirit of cooperation and mutual interest, the relevant Algerian authorities shall 
provide  any  reasonable  and  feasible  assistance  as  may  be  necessary  or  helpful  in  order  to 
perform such controls and audits and recovery measures.  

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

1. 
Any legal entity established in the Union, created under the national law of one of the 
Member States of the European Union or under EU law, may participate in Algerian research 
and development programmes and projects jointly with Algerian legal entities. 

2. 
The  rights  and  obligations  of  legal  entities  established  in  the  Union  participating  in 
Algerian research projects in the context of research and development programmes, as well as 
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  Algerian  laws, 
regulations  and  government  directives  governing  the  implementation  of  research  and 
development  programmes,  as  applicable  to  Algerian  legal  entities  and  ensuring  equal 
treatment, taking into account the nature of the cooperation between Algeria and the Union in 
this area. 

The  financing  of  legal  entities  established  in  the  Union  participating  in  Algerian 
projects as part of research and development programmes shall be subject to Algerian laws, 

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regulations  and  government  directives  governing  the  operation  of  these  programmes,  as 
applicable to non-Algerian legal entities. 

III. Information on participation opportunities 

Algeria and the European Commission shall regularly make available information on current 
programmes and participation opportunities for the benefit of legal entities established in the 
two Parties. 

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ANNEX II 

Principles governing the allocation of intellectual property rights 

I. 

Request 

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, signed 
at Stockholm on 14 July 1967. 

For  the  purposes  of  this  Agreement,  ‘knowledge’  shall  mean  the  results,  including 
information, irrespective of whether or not it can be protected, as well as copyrights or rights 
pertaining  to  such  information,  resulting  from  applications  for,  or  the  issue  of,  patents, 
designs, plant varieties, supplementary protection certificates or similar forms of protection. 

Intellectual property rights of legal entities of the Parties participating in indirect 

II. 
cooperation activities 

1. 
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 
cooperation  activities  carried  out  pursuant  to  this  Agreement,  and  the  related  rights  and 
obligations  arising  from  such  participation,  is  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  to  the 
Marrakech Agreement Establishing the World Trade Organisation as well as the Paris Act of 
24 July 1971 of the Berne Convention for the Protection of Literary and Artistic Works and 
the  Stockholm  Act  of  14  July  1967  of  the  Paris  Convention  for  the  Protection  of  Industrial 
Property. 

2. 
Each  Party  shall  ensure  that  the  participants  in  indirect  cooperation  activities  of  the 
other Party have the same treatment with regard to intellectual property as is accorded to the 
participants of the first Party under the rules of participation of each research programme or 
project, or its applicable laws and regulations.  

III. Intellectual property rights of the Parties 

1. 
Unless otherwise specifically agreed by the Parties, the following rules shall apply to 
knowledge generated by the Parties in the course of activities carried out in accordance with 
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, the Parties 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. 

Unless  otherwise  agreed  between  the  Parties,  the  following  rules  shall  apply  to 

2. 
scientific literature from the Parties: 

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(a)  Where  a  Party  publishes  data,  information  and  technical  or  scientific  results  arising 
from the activities undertaken under this Agreement in journals, articles, reports and books, 
including  audiovisual  works  and  software,  a  worldwide,  non-exclusive, 
irrevocable 
royalty-free licence to translate, reproduce, adapt, transmit and publicly distribute the works 
in question shall be granted to the other Party; 

(b) 
All copies of data and information, protected by copyright, which have to be publicly 
distributed and prepared under this section shall indicate the name(s) of the author(s) of the 
work  unless  an  author  explicitly  declines  to  be  named.  Each  copy  shall  also  bear  a  clearly 
visible acknowledgement of the cooperative support of the Parties. 

Unless otherwise specifically agreed by the Parties, the following rules shall apply to 

3. 
confidential 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 confidentiality insignias or legends; 

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

(c)  With  the  prior  written  consent  of  the  Party  providing  undisclosed  information,  the 
receiving  Party  may  disseminate  such  undisclosed  information  more  widely  than  otherwise 
permitted  in  paragraph  (b).  The  Parties  shall  cooperate  in  developing  procedures  for 
requesting and obtaining prior written consent for such wider dissemination, and each Party 
shall provide such approval to the extent permitted by its domestic policies, regulations and 
laws; 

(d) 
Non-documentary  undisclosable  or  other  confidential  information  provided  in 
seminars  and  other  meetings  between  representatives  of  the  Parties  arranged  under  this 
Agreement,  or  information  arising  from the secondment of  staff,  use of facilities or indirect 
cooperation  activities,  shall  remain  confidential when  the  recipient  of  such  undisclosable  or 
other confidential or privileged information was made aware of the confidential character of 
the  information  communicated  prior  to  such  communication  being  made,  pursuant  to 
paragraph (a); 

(e) 
Each Party shall endeavour to ensure that the undisclosed information received by it 
under  paragraphs  (a)  and  (d)  is  protected  as  provided  herein.  If  one  of  the  Parties  becomes 
aware that it will be, or may become, unable to comply with the non-dissemination provisions 
laid down in paragraphs (a) and (d), it shall immediately inform the other Party thereof. The 
Parties shall thereafter consult to define an appropriate course of action. 

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