Proposal for a COUNCIL DECISION on the signature and provisional application, on behalf of the European Union, of the Agreement on Scientific and Technological Cooperation between the European Union of the one part and the People’s Democratic Republic of Algeria of the other part
Date: 2011-07-07
Institutions: European Commission
Subjects: Algeria, applied research, cooperation agreement, scientific cooperation

EUROPEAN COMMISSION 

Brussels, 7.7.2011 
COM(2011) 394 final 

2011/0174 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signature and provisional application, on behalf of the European Union, of the 
Agreement on Scientific and Technological Cooperation between the European Union of 
the one part and the People’s Democratic Republic of Algeria of the other part 

 
 
  
 
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 
side, 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  the  field  of  scientific  and  technological  cooperation  as  an  area  of  particular 
interest  and  potential,  whilst  Article  51(a)  provides,  in  particular,  for  the  establishment  of 
permanent links between the two parties’ scientific communities. 

The European Neighbourhood Policy, to which Algeria is not a signatory but which provides 
a framework for relations between the European Union and its neighbours, establishes a new 
framework  for  the  implementation  of  the  association  agreement.  The  Commission’s 
Communication COM(2004) 373 final of 12 May 2004 identifies scientific and technological 
cooperation  and  research  and  development  as  priorities  for  our  relationship  with 
Mediterranean  countries.  In  the  context  of  the  European  Neighbourhood  Policy  referred  to 
above, a strategy document (2007-13) has described scientific research is essential to building 
a knowledge society and to reducing unemployment with a view to opening up the economy. 

In a letter dated 30 May 2006, the Algerian authorities expressed their interest in commencing 
negotiations with a view to entering into a scientific and technological cooperation agreement 
between the European Community and Algeria. The letter also enclosed documents from the 
Algerian  Ministry  for  Higher  Education  and  Scientific  Research,  describing  the  situation  as 
regards  research  in  Algeria  at  that  time.  In  a  letter  dated  8 January  2007,  the  European 
Commission agreed to conduct an exploratory and assessment visit in Algeria, with a view to 
negotiating a cooperation agreement. Exploratory discussions took place throughout 2008. In 
a  letter  dated  22  December  2008  sent  to  Mr Saidani  from  the  Algerian  Ministry  for  Higher 
Education  and  Scientific  Research,  in  response  to  his  letter  of  19 November  2008,  it  was 
agreed  that  the  procedures  for  negotiating  a  scientific  and  technological  cooperation 
agreement could begin, in view of Algeria’s potential and its capacity to participate fully in 
the activities which could be covered by this type of agreement. 

Therefore,  upon  a  proposal  of  the  Commission,  the  Council  authorised  the  Commission  on 
16 November  2009  to  negotiate  on  behalf  of  the  European  Union  a  scientific  and 
technological  (S&T)  cooperation  agreement  with  the  People’s  Democratic  Republic  of 
Algeria  and  issued  the  relevant  negotiating  guidelines.  The  negotiations  resulted  in  the 
attached draft agreement text initialled on 14 October 2010.  

The conclusion of an agreement would be in the mutual interest of both the European Union 
and  Algeria,  since  it  would  enable  cooperation  in  this  area  with  Algeria  to  continue  and  be 
intensified.  This  cooperation  will  help  to  ensure  the  development  and  competitiveness  of 
Algeria  and  the  region,  as  well  as  creating  closer  links  between  the  two  parties,  something 
which is in the EU’s interests. An S&T cooperation agreement would be the most appropriate 
way of strengthening cooperation and Algeria’s participation in the Framework Programme, 
as well as of intensifying dialogue on scientific and technological issues. 

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

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– 

to  authorise,  on  behalf  of  the  European  Union,  the  signature  and  provisional 
application,  prior  to  the  entry  into  force  of  the  agreement  between  the 
European  Union,  of  the  one  part,  and  the  People’s  Democratic  Republic  of 
Algeria, of the other part. 

2. 

LEGAL ELEMENTS OF THE PROPOSAL 

Article  186  in  conjunction  with  Article  218(5)  of  the  Treaty  on  the  Functioning  of  the 
European Union. 

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2011/0174 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signature and provisional application, on behalf of the European Union, of the 
Agreement on Scientific and Technological Cooperation between the European Union of 
the one part and the People’s Democratic Republic of Algeria of the other part 

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(5) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

On 16 November 2009, the Council authorised the Commission to negotiate, on behalf 
of the Union, a scientific and technological cooperation agreement with the People’s 
Democratic Republic of Algeria. The negotiations resulted in an agreement which was 
initialled on 14 October 2010. 

(2) 

The  agreement  should  be  signed  by  the  negotiating  body  on  behalf  of  the  European 
Union, and be applied on a provisional basis, subject to its conclusion at a later date. 

HAS ADOPTED THIS DECISION:  

Article 1 

1. 

The signing of the Agreement on Scientific and Technological Cooperation between 
the European Union of the one part and the People’s Democratic Republic of Algeria 
of the other part is hereby approved on behalf of the Union, subject to the conclusion 
of the said Agreement. 

2. 

The text of the Agreement is attached to this Decision. 

Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign,  on  behalf  of  the  European  Union,  the  Agreement  on  Scientific  and  Technological 
Cooperation  between  the  European  Union,  of  the  one  part,  and  the  People’s  Democratic 
Republic of Algeria, of the other part. 

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

Article 3 

Article 4 

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

Done at [place], [date]  

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: 

Article 1 

Scope and principles 

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1. 
The Parties shall encourage, develop and facilitate cooperation activities between the 
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;  

the  timely  provision  of  information  concerning  the  implementation  of  programmes 
(c) 
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; 

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

(e) 
training purposes; 

(f) 

exchanges and sharing of equipment, materials and testing services; 

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(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; 

any  other  means  to  be  adopted  by  the  European  Union-Algeria  Joint  Scientific  and 
(l) 
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; 

(o) 
examining the possibility of cooperation in setting up incubators and nurseries and the 
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 

The coordination and facilitation of activities under this Agreement shall be performed 
1. 
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’).  

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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: 

ensuring, evaluating and reviewing the implementation of this Agreement, as well as 
(a) 
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; 

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

making  recommendations  to  the  Parties  with  regard  to  the  implementation  of  this 
(d) 
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. 

The  Joint  Committee  shall  normally  meet  once  a  year,  with  the  location  of  that 
4. 
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 
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 

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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 

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

2. 
This Agreement shall enter into force once the Parties have notified each other of the 
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. 

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.  

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FOR THE EUROPEAN UNION 

THE 

PEOPLE’S 
FOR 
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. 
confidentiality information of the Parties: 

(a)  When communicating to the other Party information relating to activities carried out 
pursuant  to  this  Agreement,  each  Party  shall  identify  the  information  it  wishes  to  remain 
undisclosed through confidential insignias or legends; 

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

(c)  With  the  prior  written  consent  of  the  Party  providing  undisclosed  information,  the 
receiving  Party  may  disseminate  such  undisclosed  information  more  widely  than  otherwise 
permitted  in  paragraph  (b).  The  Parties  shall  cooperate  in  developing  procedures  for 
requesting and obtaining prior written consent for 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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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1.  Title of the proposal/initiative 

1.2.  Policy area(s) concerned 

1.3.  Nature of the proposal/initiative 

1.4.  Objective(s)  

1.5.  Grounds for the proposal/initiative 

1.6.  Duration and financial impact 

1.7.  Management mode(s) envisaged 

2. 

MANAGEMENT MEASURES 

2.1.  Monitoring and reporting rules 

2.2.  Administration and controls 

2.3.  Measures to prevent fraud and irregularities 

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

3.1.  Heading(s)  of  the  multiannual  financial  framework  and  expenditure 
budget line(s) affected 

3.2.  Estimated impact on expenditure 

3.2.1. Summary of estimated impact on expenditure 

3.2.2. Estimated impact on operational appropriations 

3.2.3. Estimated impact on appropriations of an administrative nature 

3.2.4. Compatibility with the current multiannual financial framework 

3.2.5. Third-party contributions 

3.3.  Estimated impact on revenue 

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1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1. 

Title of the proposal/initiative 

Proposal  for  a  Council  Decision  on  the  signature  and  provisional  application,  on 
behalf  of  the  European  Union,  of  the  Agreement  on  Scientific  and  Technological 
Cooperation  between  the  European  Union  of  the  one  part  and  the  People’s 
Democratic Republic of Algeria of the other part 
Policy area(s) concerned in the ABM/ABB structure1 

1.2. 

Policy  strategy  and  coordination  of  the  Directorates-General  RTD,  JRC,  EAC, 
ENTR, INFSO, ENER and MOVE. 

1.3. 

Nature of the proposal/initiative 

X The proposal/initiative relates to a new action 

(cid:133)  The  proposal/initiative 
project/preparatory action2 

relates 

to  a  new  action 

following  a  pilot 

(cid:133) The proposal/initiative relates to the extension of an existing action 

(cid:133) The proposal/initiative relates to an action redirected towards a new action 

1.4. 

Objectives 

1.4.1.  The  Commission's  multiannual 

strategic  objective(s) 

targeted  by 

the 

proposal/initiative 

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

1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned 

Specific objective No.  

This  decision  will  allow  both  Algeria  and  the  European  Union  to  derive  mutual 
benefit from the scientific and technological progress in the context of 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. 

ABM/ABB activities concerned 

1 
2 

ABM: activity-based management – ABB: activity-based budgeting. 
As referred to in Article 49(6)(a) or (b) of the Financial Regulation. 

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1.4.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

This  decision  will  allow  both  Algeria  and  the  European  Union  to  derive  mutual 
benefit  from  the  scientific  and  technological  progress  made  in  the  context  of  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.  

1.4.4. 

Indicators of results and impact 

Specify the indicators for monitoring implementation of the proposal/initiative. 

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

(a) Performance indicators – number of missions and meetings; number of different 
fields of cooperation activities. 

(b)  Gathering  of 
the  specific 
programmes of the Framework Programme and information provided by Algeria to 
the Joint Committee provided for by the Agreement. 

information  –  based  on 

information  from 

1.5. 

Grounds for the proposal/initiative 

1.5.1.  Requirement(s) 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. 

1.5.2.  Added value of EU involvement 

The Agreement is based on the principles of mutual benefit, reciprocal opportunities 
for  access  to  each  other’s  programmes  and  activities  relevant  to  the  subject  of  the 
Agreement,  non-discrimination,  the  effective  protection  of  intellectual  property  and 
equitable sharing of intellectual property rights.  

1.5.3.  Lessons learned from similar experiences in the past 

In recent years, particularly in the case of the scientific and technological agreements 
with other Mediterranean countries (as part of the European Neighbourhood Policy) 
such as Egypt, Tunisia and Morocco, we have used the framework of agreements and 
joint committees in order to establish joint priorities with our main partners and used 
road  maps  to  ensure  a  global  view  of  common  commitments  and  to  monitor  how 
these are followed up.  

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1.5.4.  Coherence and possible synergy with other financial instruments 

The proposal is also in line with the administrative expenditure borne by the Union, 
which  provides  for  missions  by  EU  experts  and  officials,  and  for  workshops, 
seminars and meetings to be organised in the European Union and in Algeria. 

1.6. 

Duration and financial impact 

(cid:133) Proposal/initiative of limited duration 

–  (cid:133)  Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY 

–  (cid:133)  Financial impact from [YYYY]to [YYYY] 

X Proposal/initiative of unlimited duration 

–  Implementation with a start-up period from [YYYY] to [YYYY], 

–  followed by full-scale operation. 

1.7.  Management mode(s) envisaged3 

X Centralised direct management by the Commission 

(cid:133)  Centralised  indirect  management  with  the  delegation  of  implementation  tasks 
to: 

–  (cid:133)  executive Agencies 

–  (cid:133)  bodies set up by the Communities4 

–  (cid:133)  national public-sector bodies/bodies with public-service mission 

–  (cid:133)  persons entrusted with the implementation of specific actions pursuant to Title 
V of the Treaty on European Union and identified in the relevant basic act within 
the meaning of Article 49 of the Financial Regulation 

(cid:133) Shared management with the Member States 

(cid:133) Decentralised management with third countries 

(cid:133) Joint management with international organisations (please specify) 

If more than one management mode is indicated, please provide details in the ‘Comments’ 
section. 

Comments 

3 

4 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the 
BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html  
As referred to in Article 185 of the Financial Regulation. 

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2. 

MANAGEMENT MEASURES 

2.1.  Monitoring and reporting rules 

Specify frequency and conditions. 

The Commission will evaluate the measures covered by this cooperation agreement 
on a regular basis. The parties to the Agreement will evaluate the application thereof 
usually  once  a  year  during  the  meetings  of  the  Joint  Committee  referred  to  in 
Article 4 of the Agreement. 

2.2. 

Administration and controls 

2.2.1.  Risk(s) identified 

The  signature  of  the  agreement  will  only  have  an  impact  on  scientific  and 
technological cooperation between the European Union and Algeria. 

2.2.2.  Control method(s) envisaged 

Regular  meetings  of  the  Joint  Committee,  as  provided  for  in  Article 4  of  the 
Agreement. 

2.3.  Measures to prevent fraud and irregularities 

Specify existing or envisaged prevention and protection measures. 

When the implementation of the framework programme calls for the use of external 
contractors  or  involves  granting  financial  contributions  to  third  parties,  the 
Commission will carry out, if necessary, 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  Union 
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  Union  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: 

the introduction of specific contractual clauses to protect the financial interests 

- 
of the EU in carrying out checks and controls in relation to the work performed;  

the  participation  of  administrative  inspectors  in  anti-fraud  activities,  in 

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

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- 
the  application  of  administrative  sanctions  for  all  intentional  or  negligent 
irregularities  in  the  application  of  the  contracts,  in  accordance  with  the  framework 
Regulation No 2988/95, including a black-listing mechanism; 

the  fact  that  recovery  orders  in  the  case  of  irregularities  and  fraud  may  be 
- 
enforceable in accordance with Article 299 of the Treaty on the Functioning of the 
European Union. 

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. 

3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget 
line(s) affected 

•  Existing expenditure budget lines 

In order of multiannual financial framework headings and budget lines. 

Budget line 

Heading of 
multiannual 
financial 
framework  Number  

[Description…...………………………...] 

Type of 
expenditure

Differentiat
ed/Non-
differentiat
ed 
appropriati
ons5 

Participation 

from 
EFTA 
countries
6 

from 
candidate 
countries7 

from 
third 
countries

within the 
meaning of 
Article 18(1)(aa) 
of the Financial 
Regulation 

08.01.05.03 

1a 

08.01.05.02 

08.01.05.01 

NDA 

YES 

YES 

YES 

NO 

•  New budget lines requested 

In order of multiannual financial framework headings and budget lines. 

Budget line 

Heading of 
multiannual 
financial 
framework  Number  

[Description…...………………………...] 

Type of 
expenditure

Differentiat
ed/Non-
differentiat
ed 
appropriati
ons 

Participation 

from 
EFTA 
countries

from 
candidate 
countries 

from 
third 
countries

within the 
meaning of 
Article 18(1)(aa) 
of the Financial 
Regulation 

[XX.YY.YY.YY] 

YES/NO 

YES/NO 

YES/NO 

YES/NO 

5 
6 
7 

DA= Differentiated appropriations / NDA= Non-differentiated appropriations. 
EFTA: European Free Trade Association. 
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

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EN 

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3.2. 

Estimated impact on expenditure 

3.2.1. 

Summary of estimated impact on expenditure 

Heading of multiannual financial 
framework:  

Number

1a 

Competitiveness for growth and employment 

EUR million (to three decimal places) 

DG: RTD 

(cid:121) Operational appropriations 

Number of budget line 

Number of budget line 

Commitments 
Payments 
Commitments 
Payments 

(1) 

(2) 
(1a) 
(2a) 

Year  
2011 

Year 
2012 

Year 
2013 

Year 
N+3 

Enter as many years as 
necessary to show the 
duration of the impact (see 
point 1.6) 

TOTAL 

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(cid:121)  Appropriations  of  an  administrative  nature  financed  from  the 
envelope of specific programmes8 

Number of budget line 

08.01.05.01 

08.01.05.02 

(3) 

08.01.05.03 

TOTAL appropriations 
for DG RTD 

(cid:121) TOTAL operational appropriations 

Commitments 

Payments 

Commitments 
Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelope of specific programmes 

=1+1a 
+3 

=2+2a 

+3 

(4) 

(5) 

(6) 

0.02

0.02

0.02 

0.02 

0.02

0.02 

0.04 

0.04 

0.04 

0.04 

0.04 

0.04 

0.04 

0.04 

0.04 

TOTAL appropriations 
under HEADING 1a 
of the multiannual financial framework 

Commitments 

=4+ 6 

0.04 

0.04 

0.04 

Payments 

=5+ 6 

0.04 

0.04 

0.04 

0.04

0.02

0.06 

0.12 

0.12 

0.12 

0.12 

0.12 

8 

Technical  and/or  administrative  assistance  and  expenditure  in  support  of  the  implementation  of  EU  programmes  and/or  actions  (former  ‘BA’  lines),  indirect  research,  direct 
research. 

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If more than one heading is affected by the proposal/initiative: 

(cid:121) TOTAL operational appropriations 

TOTAL 

(cid:121) 
an 
administrative  nature  financed  from  the 
envelope of specific programmes 

appropriations 

of 

Commitments 
Payments 

(4) 

(5) 

(6) 

TOTAL appropriations  
under HEADINGS 1 to 4 
of the multiannual financial framework  
(Reference amount) 

Commitments 

=4+ 6 

Payments 

=5+ 6 

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Heading of multiannual financial 
framework:  

5 

‘Administrative expenditure’ 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as 
necessary to show the 
duration of the impact (see 
point 1.6) 

TOTAL 

EUR million (to three decimal places) 

DG: <…….> 

(cid:121) Human resources 
(cid:121) Other administrative expenditure 

TOTAL DG <….> 

Appropriations 

TOTAL appropriations 
under HEADING 5 
of the multiannual financial framework 

(Total  commitments  = 
Total payments) 

2011 

2012 

2013 

Year  
N+3 

insert as many columns as 
necessary in order to reflect 
the duration of the impact 
(see point 1.6) 

TOTAL 

EUR million (to three decimal places) 

TOTAL appropriations  
under HEADINGS 1 to 5 
of the multiannual financial framework 

Commitments 

Payments 

0.04 

0.04 

0.04 

0.04 

0.04 

0.04 

0.12 

0.12 

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3.2.2.  Estimated impact on operational appropriations 

–  X  The proposal/initiative does not require the use of operational appropriations 

–  (cid:133)  The proposal/initiative requires the use of operational appropriations, as explained below: 

Indicate 

objectives and 
outputs 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… insert as many columns as necessary in 
order to reflect the duration of the impact 
(see point 1.6) 

TOTAL 

REALISATION (outputs) 

Commitment appropriations in EUR million (to 3 decimal places) 

(cid:216) 

Type9 

Averag
e cost 

Nu
mbe
r of 
outp
uts 

Total 
Cost 

Num
ber 
of 
outp
uts 

Total 
Cost 

Number 
of 
outputs

Total 
Cost 

Number of 
outputs 

Total 
Cost 

Num
ber 
of 
outp
uts 

Total 
Cost 

Nu
mb
er 
of 
out
put
s 

Total 
Cost 

Num
ber 
of 
outp
uts 

Total 
Cost 

Number 
of 
outputs
(total) 

Total Cost 

OBJECTIVE NO 110 

Achievement 

Achievement 

Achievement 

Sub-total for specific objective No 1 

SPECIFIC OBJECTIVE NO 2 

Achievement 

Sub-total for specific objective No 2 

9 
10 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. (‘Specific objective(s)’) 

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TOTAL COST 

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3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary 

–  (cid:133)  The  proposal/initiative  does  not 

require 

the  use  of  administrative 

appropriations 

–  X  The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as 

explained below: 

Year  
2011 

Year  
2012 

Year  
2013 

Year  
N+3 

EUR million (to three decimal places) 

Enter as many years as necessary to 
show the duration of the impact (see 
point 1.6) 

TOTAL 

HEADING 5 
of the multiannual 
financial framework 

Human resources 

Other administrative 
expenditure 

Subtotal HEADING 
5 
of the multiannual 
financial framework 
Outside HEADING 
511 of the multiannual 
financial framework 

Human resources 

0.02 

0.02 

0.02 

0.02 

0.02 

0.02 

Other expenditure of 
an administrative 
nature 

Subtotal  
outside HEADING 
5 
of the multiannual 
financial framework 

TOTAL 

0.04 

0.04 

0.04 

0.06 

0.06 

0.12

11 

Technical  and/or  administrative  assistance  and  expenditure  in  support  of  the  implementation  of  EU 
programmes and/or actions (former ‘BA’ lines), indirect research, direct research. 

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3.2.3.2.  Estimated requirements of human resources 

–  (cid:133)  The proposal/initiative does not require the use of human resources 

–  X  The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below: 

Estimate to be expressed in full amounts (or at most to one decimal place) 

Year  
2011 

Year 
2012 

Year 
2013 

Year 
N+3 

Enter as many ye
necessary to show

duration of the imp
point 1.6)

ishment plan posts (officials and temporary agents) 

XX 01 01 01 (Headquarters and Commission’s 
Representation Offices) 
XX 01 01 02 (Delegations) 
08 01 05 01 (Indirect research) 
10 01 05 01 (Direct research) 

0.02 

0.02 

(cid:121) External personnel (in full-time equivalent - FTE)12 

XX 01 02 01 (CA, INT, SNE from the ‘global 
envelope’) 
XX 01 02 02 (CS, LS, SNE, TS and JED in the 
delegations) 

XX 01 04 yy13 

- at Headquarters14 
- in delegations 

08 01 05 02 (CA, INT, SNE - Indirect research) 
10 01 05 02 (CA, INT, SNE - Direct research) 
Other budget lines (specify) 
TOTAL 

XX is the policy area or budget title concerned. 

0.02 

0.02 

0.02 

0.02 

The  human  resources  required  will  be  met  by  staff  from  the  DG  who  are  already  assigned  to 
management of the action and/or have been redeployed within the DG, together if necessary with any 
additional allocation which may be granted to the managing DG under the annual allocation procedure 
and in the light of budgetary constraints. 

Description of tasks to be carried out: 

Officials and temporary agents 

External personnel 

Preparation  and  management  of  joint  committee  meetings  as  provided  for  in 
Article  4  of  the  agreement  and  of  missions  required  to  ensure  the  smooth 
running of implementation as well as regular assessment of the agreement. 

Preparation  and  management  of  joint  committee  meetings  as  provided  for  in 
Article  4  of  the  agreement  and  of  missions  required  to  ensure  the  smooth 
running of implementation as well as regular assessment of the agreement. 

12 

13 
14 

CA=  Contract  Agent;  INT=  agency  staff  (‘Intérimaire’);  JED=  ‘Jeune  Expert  en  Délégation’  (Young 
Experts in Delegations); LA= Local Agent; SNE= Seconded National Expert. 
Sub-ceiling for external staff under operational appropriations (former ‘BA’ lines). 
For  Structural  Funds,  European  Agricultural  Fund  for  Rural  Development  (EAFRD)  and  European 
Fisheries Fund (EFF). 

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3.2.4.  Compatibility with the current multiannual financial framework 

–  X  Proposal is compatible with the current multiannual financial framework. 

–  (cid:133)  Proposal will entail reprogramming of the relevant heading in the multiannual 

financial framework. 

Explain what reprogramming is required, specifying the budget lines concerned and 
the corresponding amounts. 

–  (cid:133)  Proposal/initiative requires application of the flexibility instrument or revision 

of the multiannual financial framework15. 

Explain what is required, specifying the headings and budget lines concerned and the 
corresponding amounts. 

3.2.5.  Third-party contributions 

–  X The proposal/initiative does not provide for co-financing by third parties 

–  The proposal/initiative provides for the co-financing estimated below: 

Appropriations in EUR million (to three decimal places) 

Year  
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as necessary 
to show the duration of the 
impact (see point 1.6) 

Total 

the 
Specify 
body/source 

co-financing 

TOTAL appropriations 
co-financed 

15 

See points 19 and 24 of the Interinstitutional Agreement. 

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3.3. 

Estimated impact on revenue 

–  X  Proposal has no financial impact on revenue. 

–  (cid:133)  Proposal has the following financial impact: 

– 

– 

(cid:133) 

(cid:133) 

on own resources 

on miscellaneous revenue 

Appropriation
s available for 
the ongoing 
budget 
exercise 

Budget revenue line: 

Article …. 

EUR million (to three decimal places) 

Impact of the proposal/initiative16 

Year  
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… insert as many columns as 
necessary in order to reflect the 
duration of the impact (see point 1.6) 

For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s) affected. 

Specify the method for calculating the impact on revenue. 

16 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 25% for collection costs. 

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