Source: EURLEX
Language: en
Format: md

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| 22.7.1994 | EN | Official Journal of the European Communities | L 188/18 |

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AGREEMENT

relating to scientific and technical cooperation between the European Community and Australia

AUSTRALIA and the EUROPEAN COMMUNITY, hereinafter referred to as the ‘Parties’,

RECOGNIZING that the European Community, hereinafter called ‘the Community’, and Australia are pursuing specific research programmes in areas of common interest;

NOTING the Arrangement between the Government of Australia and the Commission of the European Communities for Cooperation in Science and Technology, signed at Canberra on 12 November 1986, which provides for cooperation in fields of science and technology of mutual interest through the exchange of information arising from research in specific fields;

CONSIDERING the importance of scientific and technical research to Australia and the Community, and the mutual benefits that may be derived if the Parties facilitate further cooperation; and

DESIRING to establish a framework for the conduct of collaboration in scientific and technical research which will extend and strengthen collaboration in areas of common interest and encourage the application of results of such collaboration to the social and economic benefit of Australia and the Community,

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

1.   ‘Cooperative activity’ means an activity carried on under this Agreement, and includes joint research.

2.   ‘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 Parties and/or participants engaged in the joint research to be provided or exchanged under this Agreement or research pursuant thereto.

3.   ‘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.

4.   ‘Joint research’ means research implemented and/or funded by the joint contributions of the Parties and with collaboration from participants of both Parties, where appropriate.

5.   ‘Participant’ means any person, legal entity, research institute or any other body participating in a research project under this Agreement, including the Parties themselves.

Article 2

Objectives

The Parties shall encourage and, within the terms of this Agreement, facilitate cooperation between Australia and the Community in fields of common interest where the Parties are supporting research and development activities to advance science and/or technology relevant to those fields of interest.

Article 3

Principles

Coperation under this Agreement shall be conducted on the basis on 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; |

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| (c) | within the framework of applicable laws and regulations relating to intellectual property, effective protection and equitable distribution of intellectual property, as set out in the Annex to this Agreement, which forms an integral part thereof; and |

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| (d) | pursuit of economic and social benefits of cooperative activities to the Community and Australia in view of the contributions made to cooperative activities by the respective participants and Parties. |

Article 4

Scope

1.   Cooperation may include the following activities:

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| (a) | participation of persons and legal entities, research institutes, and other bodies, including the Parties themselves, in research projects conducted by Australia or the Community, in accordance with the procedures in force for each Party; |

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| (b) | shared use of research facilities in pursuit of cooperation on research projects; |

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| (c) | visits and exchanges of scientists, engineers and other appropriate personnel for the purposes of participating in seminars, symposia and workshops relevant to cooperation under this Agreement; |

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| (d) | exchange of information such as practices, laws, regulations and programmes relevant to cooperation under this Agreement; and |

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| (e) | other activities as may be mutually determined by the Joint Science and Technology Cooperation Committee in accordance with the applicable policies and programmes of the Parties. |

2.   For the purposes of this Agreement, cooperation shall be restricted to activities in the following areas:

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| (a) | biotechnology; |

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| (b) | medical and health research; |

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| (c) | marine science and technology; |

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| (d) | environment; |

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| (e) | information technologies; and |

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| (f) | communication technologies. |

3.   Research projects shall not proceed under this Agreement until the Parties have endorsed a Technology Management Plan, as described in the Appendix to this Agreement, and which is agreed by the participants.

Article 5

Joint Science and Technology Cooperation Committee

1.   Cooperative activities under this Agreement shall be administered by a Joint Science and Technology Cooperation Committee, hereinafter called ‘the Committee’, comprising representatives of each Party.

2.   The functions of the Committee shall be to:

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| (a) | promote and review the activities envisaged under this Agreement; |

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| (b) | authorize activities falling under Article 4 (1) (e) of this Agreement as being cooperative activities to which this Agreement applies; |

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| (c) | advise the Parties on ways to enhance cooperation consistent with the objectives and principles set out in this Agreement; and |

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| (d) | provide a report annually to the Parties on the level, status and effectiveness of cooperative activities undertaken under this Agreement. |

3.   The Committee shall endeavour to meet once a year, with such annual meetings being held alternately in Europe and Australia. Other meetings may be held as mutually determined.

4.   Decisions of the Committee shall be reached by consensus. Minutes, comprising a record of the decisions and principal points discussed, shall be taken at each meeting. These Minutes shall be agreed by those persons selected from each side to jointly chair the meeting, and shall, together with the annual report, be available to the next bilateral Ministerial meeting between Australia and the Community.

Article 6

Dissemination and utilization of information

The dissemination and utilization of information, and management, allocation and exercise of intellectual property rights, resulting from joint research under this Agreement, shall be subject to the principles set out in the Annex to this Agreement.

Article 7

Funding

1.   Cooperative activities shall be subject to the availability of funds and to the applicable laws and regulations, policies and programmes of Australia and the Community.

2.   Costs incurred by participants in cooperative activities subject to this Agreement shall not require any transfer of funds from one Party to the other.

3.   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 8

Entry of personnel and equipment

Each Party shall take all reasonable steps and use its best efforts to facilitate entry to and exit from its territory of personnel, material and equipment of the other Party engaged in or used in cooperative activities under this Agreement.

Article 9

Other agreements

This Agreement is without prejudice to cooperation which may be undertaken pursuant to other Agreements or arrangemens between the Parties.

Article 10

Territorial application of this Agreement

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

Article 11

Entry into force and termination

1.   This Agreement shall enter into force on the date on which the Parties shall have notified each other in writing that their legal requirements for the entry into force of this Agreement have been fulfilled.

2.   This Agreement may be amended or extended by agreement of the Parties. Amendments or extensions shall enter into force on the date on which the Parties shall have notified each other in writing that their legal requirements have been fulfilled.

3.   This Agreement may be terminated at any time by either Party upon twelve months' written notice. The expiration or termination of this Agreement shall not affect the validity or duration of any arrangements made under it, or the rights and obligations established pursuant to the Annex to this Agreement.

Article 12

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

En fe de lo cual, los abajo firmantes suscriben el presente Acuerdo.

Til bekræftelse heraf har undertegnede underskrevet denne aftale.

Zu Urkund dessen haben die Unterzeichneten dieses Abkommen unterschrieben.

Σε πίστωση των ανωτέρω, οι υπογράφοντες έθεσαν την υπογραφή τους κάτω από την παρούσα συμφωνία.

In witness whereof the undersigned have signed this Agreement.

En foi de quoi, les soussignés ont apposé leur signature au bas du présent accord.

In fede di che, i sottoscritti hanno firmato il presente accordo.

Ten blijke waarvan de ondergetekenden hun handtekening onder deze overeenkomst hebben gezet.

Em fé do que, os abaixo-assinados apuseram as suas assinaturas no final do presente acordo.

Hecho en Canberra, el veintitrés de febrero de mil novecientos noventa y cuatro.

Udfærdiget i Canberra den treogtyvende februar nitten hundrede og fireoghalvfems.

Geschehen zu Canberra am dreiundzwanzigsten Februar neunzehnhundertvierundneunzig.

Έγινε στην Καμπέρα, στις είκοσι τρεις Φεβρουαρίου χίλια εννιακόσια ενενήντα τέσσερα.

Done at Canberra on the twenty-third day of February in the year one thousand nine hundred and ninety-four.

Fait à Canberra, le vingt-trois février mil neuf cent quatre-vingt-quatorze.

Fatto a Canberra, addì ventitré febbraio millenovecentonovantaquattro.

Gedaan te Canberra, de drieëntwintigste februari negentienhonderd vierennegentig.

Feito em Camberra, em vinte e três de Fevereiro de mil novecentos e noventa e quatro.

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

![Image](./../../../resource.html?uri=uriserv:OJ.L_.1994.188.01.0018.01.ENG.xhtml.L_1994188EN.01002201.tif.jpg)

Por Australia

For Australien

Für Australien

Για την Αυστραλία

For Australia

Pour l'Australie

Per l'Australia

Voor Australië

Pela Austrália

![Image](./../../../resource.html?uri=uriserv:OJ.L_.1994.188.01.0018.01.ENG.xhtml.L_1994188EN.01002202.tif.jpg)

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