Source: EURLEX
Language: en
Format: md

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| 15.11.1997 | EN | Official Journal of the European Communities | L 313/26 |

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AGREEMENT

on scientific and technological cooperation between the European Community and the Republic of South Africa

THE EUROPEAN COMMUNITY (hereinafter ‘the Community’), on the one hand, and

THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA acting on behalf of the Republic of South Africa (hereinafter ‘South Africa’), on the other hand,

hereinafter referred to as the ‘Parties’,

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

WHEREAS the Community and South Africa are pursuing research and technological development including demonstration in a number of areas of common interest and mutual benefit may be derived if the Parties engage in cooperative activities;

WHEREAS such cooperation should also be to the benefit of the Southern African Development Community where possible and justified;

WHEREAS, for this purpose, it is desirable that a framework for cooperation be established;

WHEREAS this scientific and technological cooperation Agreement forms part of the global cooperation between the Community and its Member States, on the one hand, and South Africa, on the other hand;

WHEREAS, by Decision No 1110/94/EC, the European Parliament and the Council of the European Union adopted a framework programme of European Community activities in the field of research and technological development and demonstration (1994-98), hereinafter called the ‘Fourth Framework Programme’;

WHEREAS, without prejudice to the relevant provisions of the Treaty establishing the European Community, this Agreement and any activities entered into under it will in no way affect the powers vested in the Member States to undertake bilateral activities with South Africa in the fields of science, technology, research and development, and to conclude, where appropriate, agreements to that end,

HAVE AGREED AS FOLLOWS:

Article 1

Objectives

The Parties shall encourage and facilitate cooperation between the Community and South Africa in fields of common interest where they are supporting research and development including demonstration activities to advance science and/or technology.

Article 2

Definitions

For the purposes of this Agreement:

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| (a) | ‘cooperative activity’ means any activity carried out under this Agreement and includes joint research; |

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| (b) | ‘information’ means scientific or technical data, results or methods of research and development stemming from the joint research and any other information deemed necessary by the participants engaged in cooperative activity, including, where necessary, the Parties themselves; |

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| (c) | ‘intellectual property’ shall have the meaning defined in Article 2 of the Convention establishing the World Intellectual Property Organization, done at Stockholm, 14 July 1967; |

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| (d) | ‘joint research’ means research, technological development and demonstration that is implemented with or without financial support from either or both Parties and that involves collaboration by participants from both the Community and South Africa; |

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| (e) | ‘participant’ or ‘research entity’ means any person, legal entity, university, research institute or any other body or undertaking participating in a cooperative activity, including the Parties themselves. |

Article 3

Principles

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

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| (a) | mutual benefit; |

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| (b) | timely exchange of information which may affect the actions of participants in cooperative activities; and |

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| (c) | within the framework of applicable laws and regulations, effective protection of intellectual property and equitable sharing of intellectual property rights, as set out in the Annex, which forms an integral part of this Agreement. |

Article 4

Scope of the cooperation

Cooperation under this Agreement may cover all research and technological development and demonstration (hereinafter referred to as RTD) activities related to the Fourth Framework Programme and all similar RTD activities in South Africa.

Article 5

Modalities of cooperation

Cooperation may take the following forms:

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| (a) | |  |  | | --- | --- | | (i) | participation of South African research entities in RTD projects related to the Fourth Framework Programme and a reciprocal participation of research entities of the European Community in South African projects in similar areas of research; as regards South African participation in Community RTD projects, such participation shall be subject to the rules applicable for the participation of undertakings, research centres and universities in the specific programmes of RTD of the Community[(1)](#ntr1-L_1997313EN.01002601-E0001); |  |  |  | | --- | --- | | (ii) | for the purpose of participation by South African research entities in the specific programme of RTD in the field of cooperation with third countries and international organizations (1994-98) South Africa is considered a developing country; | |

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| (b) | shared use of research facilities; |

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| (c) | visits and exchanges of research workers, engineers and technicians; |

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| (d) | participation by experts in seminars, symposia and workshops; |

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| (e) | scientific networks and training of researchers; |

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| (f) | exchange of information on practices, laws, regulations and programmes relevant to cooperation under this Agreement; |

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| (g) | other modalities as may be recommended by the Joint Science and Technology Cooperation Committee in accordance with the applicable policies and programmes of the Parties. |

With the exception of projects under (a) (ii) above, joint RTD projects shall proceed once the participants have concluded a joint technology management plan (JTMP), as indicated in the Annex to this Agreement.

Article 6

Joint Science and Technology Cooperation Committee (JSTCC)

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| (a) | A Joint Science and Technology Cooperation Committee will be established in order to administer this Agreement; it will be composed of representatives of the Commission and of South Africa; it shall adopt its rules of procedure. |

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| (b) | The functions of the JSTCC shall be to:   |  |  | | --- | --- | | 1. | promote and review the various cooperation activities envisaged under this Agreement; |  |  |  | | --- | --- | | 2. | make recommendations pursuant to Article 5 (g); |  |  |  | | --- | --- | | 3. | advise the Parties on ways to enhance cooperation consistent with the principles set out in this Agreement; |  |  |  | | --- | --- | | 4. | review the efficient and effective functioning of the Agreement; |  |  |  | | --- | --- | | 5. | provide a report annually to the Parties on the level, status and effectiveness of cooperation undertaken under this Agreement. | |

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| (c) | The JSTCC shall meet as mutually agreed, meetings being held alternately in the Community and South Africa. |

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| (d) | Costs incurred by or on behalf of the Committee shall be met by the Party to whom the members are responsible. Costs, other than those of travel and accommodation, which are directly associated with meetings of the Committee, shall be met by the host Party. |

Article 7

Funding

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| (a) | Cooperative activities shall be subject to the availability of funds and to the applicable laws and regulations, policies and programmes of the Parties. |

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| (b) | Costs incurred by participants in cooperative activities shall not require any transfer of funds from one Party to the other, except for the participation referred to under Article 5 (a) (ii). |

Article 8

Entry of personnel and equipment

Each Party shall take all reasonable steps and use its best efforts, within existing laws and regulations, to facilitate entry to and exit from its territory of personnel, material and equipment of the participant(s) engaged in or used in cooperative activities under this Agreement.

Article 9

Dissemination and utilization of information

Research entities established in South Africa, participating in Community RTD projects, shall, as regards ownership, dissemination and utilization of information and intellectual property arising from such participation, be subject to the rules for the dissemination of the research results from the specific programmes of RTD of the Community, and the Annex to this Agreement.

Research entities established in the Community, taking part in South African RTD projects, shall, as regards ownership, dissemination and utilization of information and intellectual property arising from such participation, have the same rights and obligations as those of South African research entities, and be subject to the Annex to this Agreement.

Article 10

Territorial application

This Agreement shall apply, on the one hand to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of South Africa.

Article 11

Entry into force; termination; settlement of disputes

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| (a) | This Agreement shall enter into force on the date on which the Parties have notified each other in writing that their legal requirements have been fulfilled. |

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| (b) | This Agreement shall be concluded for the duration of the Fourth Framework Programme and will be renewable by common agreement between the Parties (tacit renewal) for the specific programmes implementing subsequent framework programmes of the Community. |

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| (c) | This Agreement may be amended by agreement of the Parties. Amendments shall enter into force on the date on which the Parties have notified each other in writing that their legal requirements have been fulfilled. |

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| (d) | This Agreement may be terminated at any time by either Party upon six months written notice. The expiration or termination of this Agreement shall not affect the validity or duration of any arrangements made under it, or any specific rights and obligations that have accrued in compliance with the Annex. |

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| (e) | All questions or disputes related to the interpretation or implementation of this Agreement shall be settled between the Parties by mutual agreement. |

Article 12

This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of these texts being equally authentic.

Hecho en Bruselas, el cinco de diciembre de mil novecientos noventa y seis.

Udfærdiget i Bruxelles den femte december nitten hundrede og seksoghalvfems.

Geschehen zu Brüssel am fünften Dezember neunzehnhundertsechsundneunzig.

Έγινε στις Βρυξέλλες, στις πέντε Δεκεμβρίου χίλια εννιακόσια ενενήντα έξι.

Done at Brussels on the fifth day of December in the year one thousand nine hundred and ninety-six.

Fait à Bruxelles, le cinq décembre mil neuf cent quatre-vingt-seize.

Fatto a Bruxelles, addì cinque dicembre millenovecentonovantasei.

Gedaan te Brussel, de vijfde december negentienhonderd zesennegentig.

Feito em Bruxelas, em cinco de Dezembro de mil novecentos e noventa e seis.

Tehty Brysselissä viidentenä päivänä joulukuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäkuusi.

Som skedde i Bryssel den femte december nittonhundranittiosex.

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

![Image](./../../../resource.html?uri=uriserv:OJ.L_.1997.313.01.0026.01.ENG.xhtml.L_1997313EN.01003001.tif.jpg)

For the Government of the Republic of South Africa

![Image](./../../../resource.html?uri=uriserv:OJ.L_.1997.313.01.0026.01.ENG.xhtml.L_1997313EN.01003002.tif.jpg)

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