CELEX: 22012A0405(01)
Language: en
Date: 2012-03-19 00:00:00
Title: Agreement between the European Union and the People’s Democratic Republic of Algeria on scientific and technological cooperation

L 99/2                  EN                              Official Journal of the European Union                                            5.4.2012
                                                                     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, of the one part, and the People’s Democratic Republic of Algeria, of the
              other part, which came into force on 1 September 2005;
              HAVING REGARD TO the European Neighbourhood Policy and the Union’s strategy for strengthening its relations with
              neighbouring countries;
              WHEREAS the Union and Algeria have undertaken joint research, technological development and demonstration activ­
              ities, 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                                       (e) appropriate exchange and protection of intellectual property
                                                                                    rights;
                        Scope and principles
1.    The Parties shall encourage, develop and facilitate
                                                                                (f) participation and funding in compliance with the relevant
cooperation activities between the Union and Algeria in fields
                                                                                    laws and regulations of the Parties.
of common interest where they are pursuing research and devel­
opment activities in science and technology.
                                                                                                              Article 2
2.    Cooperation activities shall be conducted on the basis of                                       Means of cooperation
the following principles:                                                       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
(a) promotion of a knowledge-based society to foster the social                 the Union’s Framework Programme for research and tech­
    and economic development of both Parties;                                   nological development and demonstration activities (hereinafter
                                                                                referred to as the ‘Framework Programme’), in accordance with
                                                                                the terms and conditions established by or referred to in
(b) mutual benefit based on an overall balance of advantages;                   Annexes I and II.
(c) reciprocal access to the activities of research programmes                  Legal entities established in the Member States of the Union, as
    and technological developments undertaken by each Party;                    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
(d) timely exchange of information which may facilitate                         and conditions established by, or referred to in Annexes I
    cooperative activities;                                                     and II.
 ---pagebreak--- 5.4.2012              EN                         Official Journal of the European Union                                               L 99/3
2.    Cooperation may also take the following forms:                     (q) access to research infrastructures;
(a) regular discussions on the guidelines and priorities for
                                                                         (r) possibility of co-financing and coordinating research activ­
     research policies and planning in Algeria and the Union;
                                                                               ities.
(b) discussions on cooperation, developments and future pros­
     pects;                                                                                            Article 3
                                                                                           Enhancement of cooperation
(c) the timely provision of information concerning the imple­
     mentation of programmes and research projects of Algeria            The Parties shall make every effort, within the framework of
     and of the Union, and concerning the results of work                their applicable legislation, to facilitate the free movement and
     undertaken within the framework of this Agreement;                  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.
(d) joint meetings;
(e) visits and exchanges of research workers, engineers and                                            Article 4
     technicians, including for training purposes;                                        Management of the Agreement
                                                                         European Union-Algeria Joint Scientific and Technological
(f)  exchanges and sharing of equipment, materials and testing                                Cooperation Committee
     services;
                                                                         1.      The coordination and facilitation of activities under this
                                                                         Agreement shall be performed on behalf of Algeria, by the
(g) contacts between programme or project managers of
                                                                         Ministry of Higher Education and Scientific Research and, on
     Algeria and the Union;
                                                                         behalf of the Union, by the European Commission, acting as
                                                                         executive agents of the Parties (hereinafter referred to as
(h) participation of experts in seminars, symposia and work­             ‘executive agents’).
     shops;
                                                                         2.      The executive agents shall establish a joint committee
(i)  exchanges of information on practices, laws, regulations,
                                                                         called the ‘European Union-Algeria Joint Scientific and Tech­
     and programmes relevant to cooperation under this                   nological Cooperation Committee’ (hereinafter ‘the Joint
     Agreement;                                                          Committee’), whose functions shall include:
(j)  research and technological development training;
                                                                         (a) ensuring, evaluating and reviewing the implementation of
                                                                              this Agreement, as well as modifying its Annexes or
(k) reciprocal access to scientific and technologic information               adopting new ones to take account of developments in
     in the framework of this cooperation;                                    the Parties’ scientific policies, subject to the fulfilment by
                                                                              each of the Parties of its internal procedures for that
(l)  any other means to be adopted by the European Union-                     purpose;
     Algeria Joint Scientific and Technological Cooperation
     Committee, as defined in Article 4, and deemed in
     conformity with the policies and procedures applicable in           (b) identifying, on an annual basis, potential sectors where
     both Parties;                                                            cooperation should be developed and improved and
                                                                              examine any measure which could be taken to that end;
(m) supporting the optimum exploitation of the results of
     research and development by innovating companies in
                                                                         (c) regularly examining the future orientations and priorities of
     order to promote the spread of new knowledge and inno­
                                                                              research policies and research planning in Algeria and the
     vation;
                                                                              Union and the prospects for future cooperation within the
                                                                              framework of this Agreement;
(n) assisting the management of scientific research and
     supporting the setting up of an information system on
     research;                                                           (d) making recommendations to the Parties with regard to the
                                                                              implementation of this Agreement, including the identifi­
                                                                              cation and recommendation of additions to the activities
(o) examining the possibility of cooperation in setting up incu­
                                                                              referred to in Article 2(2) and specific measures to
     bators and nurseries and the start-up and creation of
                                                                              improve the mutual access provided for under Article 1(2);
     research centres, including by means of European
     programmes other than the Framework Programme;
                                                                         (e) making, subject to each Party’s domestic approval processes,
(p) promoting cooperation by means of research and devel­                     technical amendments to this Agreement as may be
     opment projects;                                                         required.
 ---pagebreak--- L 99/4                EN                         Official Journal of the European Union                                           5.4.2012
3.    The Joint Committee, which shall be formed of represen­            procedures for its conclusion. Pending the completion of
tatives of the Executive Agents, shall adopt its rules of                these procedures by the Parties, the Parties shall provisionally
procedure.                                                               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 afore­
4.    The Joint Committee shall normally meet once a year,               mentioned notification shall continue until their completion
with the location of that meeting alternating between the                under the conditions laid down in this Agreement.
Union 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            3.    Either of the Parties may terminate this Agreement at any
the Euro-Mediterranean Agreement establishing an Association             time by giving six months’ notice. Projects and activities in
between the European Community and its Member States, of                 progress at the time of termination of the Agreement shall
the one part, and the People’s Democratic Republic of Algeria,           continue until their completion under the conditions laid
of the other part.                                                       down therein.
                             Article 5                                   4.    This Agreement shall remain in force after the initial
                            Financing                                    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 level of participation in research activities under this             the Agreement shall cease to have effect six months after the
Agreement is set according to the conditions defined in                  receipt of such notification.
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.
                                                                         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
When one Party grants financial support to participants of the           of the other Party of the precise content of the amendments in
other Party in connection with indirect cooperative activities,          question. By way of derogation from paragraph 3 of this
any grants and financial or other contributions made by the              Article, this Agreement may be terminated under mutually
funding Party to participants of the other Party in support of           agreed conditions should either of the Parties notify the other
those activities shall be granted tax and customs duty                   within one month after the adoption of the amendments
exemption in accordance with the relevant laws and regulations           referred to in this paragraph of its intention to terminate this
in force in the territory of each Party at the time such grants          Agreement.
and financial or other contributions are made.
                                                                         6.    This Agreement shall apply, on the one hand, to the terri­
                             Article 6                                   tories in which the Treaty on European Union and the Treaty
                                                                         on the Functioning of the European Union apply and under the
   Dissemination and use of the results and information
                                                                         conditions laid down in these Treaties, and, on the other hand,
The dissemination and the use of the results and information             to the territory of the People’s Democratic Republic of Algeria.
obtained and/or exchanged and the management, allocation and             This shall not prevent the conduct of cooperative activities on
exercise of intellectual property rights resulting from the              the high seas, in space, or the territory of third countries, in
research activities undertaken under this Agreement shall be             accordance with international law.
subject to the conditions provided for in Annex II.
                             Article 7                                   IN WITNESS WHEREOF, the undersigned, being duly authorised
                                                                         to that end by the European Union and the People’s Democratic
                         Final provisions
                                                                         Republic of Algeria respectively, have signed this agreement.
1.    Annexes I and II shall form an integral part of this
Agreement. Any questions or disputes relating to the interpre­
tation or implementation of this Agreement shall be settled by
mutual agreement of the Parties.                                         DONE in duplicate at Algiers, on the nineteenth day of March in
                                                                         the year two thousand and twelve, in the Bulgarian, Czech,
                                                                         Danish, Dutch, English, Estonian, Finnish, French, German,
                                                                         Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
2.    This Agreement shall enter into force once the Parties             Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and
have notified each other of the completion of their internal             Arabic languages, each text being equally authentic.
 ---pagebreak--- 5.4.2012         EN                        Official Journal of the European Union   L 99/5
         За Европейския съюз
         Por la Unión Europea
         Za Evropskou unii
         For Den Europæiske Union
         Für die Europäische Union
         Euroopa Liidu nimel
         Για την Ευρωπαϊκή Ένωση
         For the European Union
         Pour l’Union européenne
         Per l’Unione europea
         Eiropas Savienības vārdā –
         Europos Sąjungos vardu
         Az Európai Unió részéről
         Għall-Unjoni Ewropea
         Voor de Europese Unie
         W imieniu Unii Europejskiej
         Pela União Europeia
         Pentru Uniunea Europeană
         Za Európsku úniu
         Za Evropsko unijo
         Euroopan unionin puolesta
         För Europeiska unionen
         За правителството на Алжирската демократична народна република
         Por el Gobierno de la República Argelina Democrática y Popular
         Za vládu Alžírské demokratické a lidové republiky
         For regeringen for Den Demokratiske Folkerepublik Algeriet
         Für die Regierung der Demokratischen Volksrepublik Algerien
         Alžeeria Demokraatliku Rahvavabariigi valitsusele
         Για την κυβέρνηση της Λαϊκής Δημοκρατίας της Αλγερίας
         For the Government of the People’s Democratic Republic of Algeria
         Pour le gouvernement de la République algérienne démocratique et populaire
         Per il governo della Repubblica algerina democratica e popolare
         Alžīrijas Tautas Demokrātiskās Republikas valdības vārdā –
         Alžyro Liaudies Demokratinės Respublikos Vyriausybės vardu
         Az Algériai Demokratikus és Népi Köztársaság kormánya részéről
         Għall-Gvern tar-Repubblika Demokratika Popolari tal-Alġerija
         Voor de regering van de Democratische Volksrepubliek Algerije
         W imieniu rządu Algierskiej Republiki Ludowo-Demokratycznej
         Pelo Governo da República Argelina Democrática e Popular
         Pentru Guvernul Republicii Algeriene Democratice și Populare
         Za vládu Alžírskej demokratickej ľudovej republiky
         Za Vlado Ljudske demokratične republike Alžirije
         Algerian demokraattisen kansantasavallan hallituksen puolesta
         För Demokratiska folkrepubliken Algeriets regering
 ---pagebreak--- L 99/6           EN                              Official Journal of the European Union                                               5.4.2012
                                                                  ANNEX I
       Terms and conditions for the participation of legal entities established in Member States of the 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 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 Union’s Financial Regulation and other applicable Union legislation.
            3. Provision must be made for the performance of controls and audits carried out by, or 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 Union
               or under Union 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, 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.
 ---pagebreak--- 5.4.2012            EN                               Official Journal of the European Union                                               L 99/7
                                                                     ANNEX II
                       PRINCIPLES GOVERNING THE ALLOCATION OF INTELLECTUAL PROPERTY RIGHTS
         I.   Scope
              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.
         II. Intellectual property rights of legal entities of the Parties participating in indirect 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.
              2. Unless otherwise agreed between the Parties, the following rules shall apply to scientific literature from the Parties:
                  (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.
              3. Unless otherwise specifically agreed by the Parties, the following rules shall apply to 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;
 ---pagebreak--- L 99/8   EN                            Official Journal of the European Union                                               5.4.2012
       (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 point (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 point (a);
       (e) Each Party shall endeavour to ensure that the undisclosed information received by it under points (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 points (a) and (d), it shall immediately inform the
           other Party thereof. The Parties shall thereafter consult to define an appropriate course of action.