CELEX: 22011A0617(01)
Language: en
Date: 2009-11-30 00:00:00
Title: Agreement between the European Community and the Hashemite Kingdom of Jordan on Scientific and Technological Cooperation

L 159/108                EN                               Official Journal of the European Union                                          17.6.2011
                                                                       AGREEMENT
                between the European Community and the Hashemite Kingdom of Jordan on Scientific and
                                                               Technological Cooperation
                THE EUROPEAN COMMUNITY, hereinafter referred to as the ‘Community’,
                of the one part, and
                THE HASHEMITE KINGDOM OF JORDAN, hereinafter referred to as ‘Jordan’,
                of the other part,
                hereinafter referred to as the ‘Parties’,
                CONSIDERING the Treaty establishing the European Community, and in particular Article 170 in conjunction with
               Article 300(2), first subparagraph, first sentence, and paragraph 3, first subparagraph, thereof;
                CONSIDERING the importance of science and technology for the economic and social development of the Parties and the
               reference which was made in Article 43 of the Euro-Mediterranean Agreement establishing an association between the
               European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other
               part, which entered into force on 1 May 2002;
                CONSIDERING the European Neighbourhood Policy and the EU strategy to strengthen the relations with the neigh­
               bourhood countries, in the framework of which the Parties have met and agreed on an Action Plan, one of which
               priorities was ‘to strengthen cooperation in science and technology’. The Joint Action Plan of the European Neigh­
               bourhood Policy is in line with the Government of Jordan’s Executive Programme (2007 to 2009) for Kuluna Al
               Urdun/the National Agenda, which aims to develop a sustainable socioeconomic reform process;
                WHEREAS the Community and Jordan undertook common research, technological development and demonstration
               activities, in various fields of common interest, and that it would be to their mutual advantage that each of them
               takes part in the activities of research and development of the other, on a reciprocity 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 considering their 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                                        — Timely exchange of information which may facilitate coop­
                                                                                      erative activities;
                         Scope and principles
1.    The Parties shall encourage, develop and facilitate coop­
erative activities between the Community and Jordan in fields of                  — Appropriate exchange          and     protection  of  intellectual
common interest where they are pursuing research and devel­                           property rights;
opment activities in science and technology.
                                                                                  — Participation and funding in compliance with the relevant
2.    Cooperative activities shall be conducted on the basis of                       laws and regulations of the Parties.
the following principles:
— Promotion of a knowledge based society to foster the social                                                    Article 2
    and economic development of both Parties;                                                            Means of cooperation
                                                                                  1.    Legal entities established in Jordan, as defined in Annex I,
— Mutual benefit based on an overall balance of advantages;
                                                                                  including either physical persons or private or public legal
                                                                                  persons, shall participate in indirect cooperative activities of
— Reciprocal access to the activities of research programmes                      the European Community’s Framework programme for
    and projects undertaken by each Party;                                        research and technological development and demonstration
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activities (hereinafter referred to as the ‘Framework                     — Any other modality that would be adopted by the European
programme’), subject to the terms and conditions established                  Community-Jordan Joint Scientific and Technological Coop­
by, or referred to in Annexes I and II.                                       eration Committee, as defined in Article 4, and deemed in
                                                                              conformity with the policies and procedures applicable in
                                                                              both Parties.
Legal entities established in the Member States of the
Community, as defined in Annex I, shall participate in
Jordan’s research programmes and projects in themes equivalent                                          Article 3
to those of the Framework programme under the same
conditions as those applicable to legal entities of Jordan,                                 Enhancement of cooperation
subject to the terms and conditions established by, or referred
to in Annexes I and II.                                                   1.    The Parties will 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
2.     Cooperation may also take the following forms and                  movement of goods intended for use in such activities.
means:
                                                                          2.    Where in accordance with its own rules the Community
— Regular discussions on the orientations and priorities for
                                                                          unilaterally grants funding to a legal entity of Jordan partici­
    research policies and planning in Jordan and the
                                                                          pating in a Community indirect cooperative activity, Jordan will
    Community;
                                                                          ensure that no charge or levy shall be imposed upon that trans­
                                                                          action.
— Discussions on cooperation, developments and prospects;
                                                                                                        Article 4
— Timely provision of information concerning the implemen­                                Management of the Agreement
    tation of programmes and research projects of Jordan and of
    the Community, and concerning the results of work                           European Community-Jordan Joint Scientific and
    undertaken within the framework of this Agreement;                                Technological Cooperation Committee
                                                                          1.    The coordination and facilitation of activities under this
                                                                          Agreement shall be performed on behalf of Jordan, by the
— Joint meetings;                                                         Higher Council for Science and Technology and, on behalf of
                                                                          the Community, by the European Commission, acting as
                                                                          executive agents of the Parties (hereinafter referred to as
                                                                          ‘Executive Agents’).
— Visits and exchanges of research workers, engineers and
    technicians, including for training purposes;
                                                                          2.    The Executive Agents shall establish a joint committee
— Exchanges and sharing of equipment, materials and testing               called ‘European Community-Jordan Joint Scientific and Tech­
    services;                                                             nological Cooperation Committee’ (hereinafter ‘the Joint
                                                                          Committee’), whose functions shall include:
— Contacts between programme or project managers of Jordan
    and the Community;                                                    — Ensuring, evaluating and reviewing the implementation of
                                                                              this Agreement, as well as modifying its Annexes or
                                                                              adopting new ones to take into consideration evolutions
— Participation of      experts in    seminars, symposia and                  of the Parties’ scientific policies, subject to the fulfilment
    workshops;                                                                by each of the Parties of its internal procedures for that
                                                                              purpose;
— Exchanges of information on practices, laws, regulations,
    and programmes relevant to cooperation under this                     — Identifying, on an annual basis, potential sectors where
    Agreement;                                                                cooperation should be developed and improved and
                                                                              examine any measure to that end;
— Research and technological development training;
                                                                          — Regularly discussing the future orientations and priorities of
                                                                              research policies and research planning in Jordan and the
— Reciprocal access to scientific and technological information               Community and the prospects for future cooperation within
    within the scope of this cooperation;                                     this Agreement;
 ---pagebreak--- L 159/110             EN                          Official Journal of the European Union                                         17.6.2011
— Making recommendations to the Parties with regard to the                2.    This Agreement shall enter into force when the Parties will
    implementation of this Agreement, including the identifi­             have notified to each other the completion of their internal
    cation and recommendation of additions to the activities              procedures for its conclusion. Pending the completion by the
    referred to in Article 2, paragraph 2 and concrete                    Parties of said procedures, the Parties shall provisionally apply
    measures to improve the mutual access provided for                    this Agreement upon its signature. Should a Party notify the
    under Article 1, paragraph 2.                                         other that it shall not conclude the Agreement, it is hereby
                                                                          mutually agreed that projects and activities launched under
                                                                          this provisional application and that are still in progress at
3.     The Joint Committee, which shall be composed of repre­             the time of the abovementioned notification shall continue
sentatives of the Executive Agents, shall adopt its rules of              until their completion under the conditions laid down in this
procedure.                                                                Agreement.
                                                                          3.    Either of the Parties may terminate this Agreement at any
4.     The Joint Committee shall normally meet once a year,
                                                                          time upon 6 months’ notice. Projects and activities in progress
alternatively in the Community and in Jordan. Extraordinary
                                                                          at the time of termination of this Agreement shall continue
meetings shall be held whenever necessary and agreed
                                                                          until their completion under the conditions laid down in this
between the Parties. The conclusions and recommendations of
                                                                          Agreement.
the Joint Committee will be sent for information to the
Association Committee of the Euro-Mediterranean Agreement
between the European Union and the Hashemite Kingdom of
                                                                          4.    This Agreement shall remain in force until such time as
Jordan.
                                                                          either Party gives notice in writing to the other Party of its
                                                                          intention to terminate this Agreement. In such case this
                                                                          Agreement shall cease to have effect 6 months after the
                              Article 5                                   receipt of such notification.
                             Financing
The reciprocal participations in research activities under this           5.    Should one of the Parties decide to revise its research
Agreement are set according to the conditions defined in                  programmes and projects referred to in paragraph 1 of
Annex I and are subject to the legislation, regulations, policies         Article 1 that Party’s Executive Agent shall notify the
and conditions of implementation of the programmes in force               Executive Agent of the other Party of the exact content of
in the territory of each Party.                                           these revisions. By derogation from paragraph 3 of this
                                                                          Article, this Agreement may be terminated under mutually
                                                                          agreed conditions should either of the Parties notify the other
When one Party provides financial support to Participants of              within 1 month after the adoption of the revisions referred to
the other Party in connection with indirect cooperative                   in this paragraph of its intention to terminate this Agreement.
activities, any grants and financial or other contributions from
the funding Party to Participants of the other Party in support
of those activities shall be granted tax and customs exemption.           6.    This Agreement shall apply, on the one hand, to the terri­
                                                                          tories in which the Treaty establishing the European
                                                                          Community is applied and under the conditions laid down in
                              Article 6                                   that Treaty and, on the other hand, to the territory of the
                                                                          Hashemite Kingdom of Jordan. This shall not prevent the
   Dissemination and use of the results and information                   conduct of cooperative activities on the high seas, outer
                                                                          space, or the territory of third countries, in accordance with
The dissemination and the use of the achieved and/or                      international law.
exchanged results as well as those of information, management,
attribution and exercise of intellectual property rights resulting
from the research activities undertaken under this Agreement              IN WITNESS WHEREOF, the undersigned, being duly authorised
are subject to the conditions provided for in Annex II.                   thereto by the European Community and the Hashemite
                                                                          Kingdom of Jordan respectively, have signed this Agreement.
                              Article 7
                         Final provisions                                 Done in duplicate at Brussels, this thirtieth day of November
                                                                          2009 in the Bulgarian, Czech, Danish, Dutch, English, Estonian,
1.     Annexes I and II form an integral part of this Agreement.          Finnish, French, German, Greek, Hungarian, Italian, Latvian,
All questions or disputes related to the interpretation or imple­         Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak,
mentation of this Agreement shall be settled by mutual                    Slovenian, Spanish, Swedish and Arabic languages, each text
agreement of the Parties.                                                 being equally authentic.
 ---pagebreak--- 17.6.2011         EN                         Official Journal of the European Union L 159/111
          За Европейската общност
          Por la Comunidad Europea
          Za Evropské společenství
          For Det Europæiske Fællesskab
          Für die Europäische Gemeinschaft
          Euroopa Ühenduse nimel
          Για την Ευρωπαϊκή Κοινότητα
          For the European Community
          Pour la Communauté européenne
          Per la Comunità europea
          Eiropas Kopienas vārdā –
          Europos bendrijos vardu
          Az Európai Közösség részéről
          Għall-Komunità Ewropea
          Voor de Europese Gemeenschap
          W imieniu Wspólnoty Europejskiej
          Pela Comunidade Europeia
          Pentru Comunitatea Europeană
          Za Európske spoločenstvo
          Za Evropsko skupnost
          Euroopan yhteisön puolesta
          För Europeiska gemenskapen
          За Хашемитското кралство Йордания
          Por el Reino Hachemí de Jordania
          Za Jordánské hášimovské království
          For Det Hashemitiske Kongerige Jordan
          Für das Haschemitische Königreich Jordanien
          Jordaania Hašimiidi Kuningriigi nimel
          Για το Χασεμιτικό Βασίλειο της Ιορδανίας
          For the Hashemite Kingdom of Jordan
          Pour le Royaume hachémite de Jordanie
          Per il Regno Hashemita di Giordania
          Jordānijas Hāšimītu Karalistes vārdā –
          Jordanijos Hašimitų Karalystės vardu
          A Jordán Hasimita Királyság részéről
          Għar-Renju Ħaxemita tal-Ġordan
          Voor het Hasjemitisch Koninkrijk Jordanië
          W imieniu Jordańskiego Królestwa Haszymidzkiego
          Pelo Reino Hachemita da Jordânia
          Pentru Regatul Hașemit al Iordaniei
          Za Jordánske hašimovské král’ovstvo
          Za Hašemitsko kraljevino Jordanijo
          Jordanian hašemiittisen kuningaskunnan puolesta
          För Hashemitiska konungariket Jordanien
 ---pagebreak--- L 159/112           EN                                Official Journal of the European Union                                             17.6.2011
                                                                      ANNEX I
          TERMS AND CONDITIONS FOR THE PARTICIPATION OF LEGAL ENTITIES ESTABLISHED IN MEMBER
                                           STATES OF THE EUROPEAN UNION AND IN JORDAN
          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 Community 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 Jordan in indirect actions of the
               Framework programme
           1. Participation of legal entities established in Jordan in indirect actions of the Framework programme shall follow the
               conditions laid down by the European Parliament and the Council according to Article 167 of the Treaty establishing
               the European Community.
               In addition, legal entities established in Jordan may participate in indirect actions undertaken according to Article 164
               of the Treaty establishing the European Community.
           2. The Community may grant funding to legal entities established in Jordan participating in indirect actions referred to
               in point 1 under the terms and conditions laid down by the decision taken by the European Parliament and the
               Council (Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006) laying
               down the rules for the participation of undertakings, research centres and universities in actions under the Seventh
               Framework Programme and for the dissemination of research results (2007 to 2013) (1) according to Article 167 of
               the Treaty establishing the European Community, the European Community’s Financial Regulations and any other
               applicable Community legislation.
           3. A grant agreement or contract concluded by the Community with any legal entity established in Jordan in order to
               perform an indirect action shall provide for controls and audits to be carried out by, or under the authority of, the
               European Commission or the Court of Auditors of the European Communities.
               In a spirit of cooperation and mutual interest, the relevant Authorities of Jordan shall provide any reasonable and
               feasible assistance as may be necessary or helpful under the circumstances to perform such controls and audits.
           II. Terms and conditions for the participation of legal entities established in Member States of the European
               Union in Jordan research programmes and projects
           1. Any legal entity established in the Community, created under the national law of one of the Member States of the
               European Union or under Community law, may participate in projects of Jordan research and development
               programmes jointly with Jordan legal entities.
           2. Subject to point 1 and to Annex II, the rights and obligations of legal entities established in the Community
               participating in Jordan research projects within research and development programmes, 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 Jordanian laws, regulations and government directives governing the operation of research
               and development programmes, as applicable to Jordan’s legal entities and assuring equitable treatment, taking into
               account the nature of the cooperation between Jordan and the Community in this field.
               Funding of legal entities established in the Community participating in the relevant Jordanian projects within research
               and development programmes shall be subject to Jordan’s laws, regulations and government directives governing the
               operation of said programmes, as applicable to non-Jordanian legal entities.
          III. Information on participation opportunities
               Jordan and the European Commission will regularly make available information on current programmes and partici­
               pation opportunities for the benefits of legal entities established in the two Parties.
          (1) OJ L 391, 30.12.2006, p. 1.
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                                                                      ANNEX II
                               PRINCIPLES ON THE ALLOCATION OF INTELLECTUAL PROPERTY RIGHTS
          I.   Application
               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, done at Stockholm on 14 July 1967.
               For the purposes of this Agreement, ‘knowledge’ shall mean the results, including information, whether or not they
               can be protected, as well as copyrights or rights pertaining to such information following 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 cooperative 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 cooperative activities carried out pursuant to this Agreement
               and the related rights and obligations arising from such participation, shall be 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 of 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 cooperative activities of the other Party shall have the same
               treatment with regard to Intellectual Property as is accorded to the participants of the first Party under the relevant
               rules of participation of each research programme or project, or its applicable laws and regulations.
          III. Intellectual property rights of the Parties
          1. Except if otherwise specifically agreed by the Parties, the following rules shall apply to knowledge generated by the
               Parties in the course of activities carried out within 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, they 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. Except if otherwise specifically agreed by the Parties, the following rules shall apply to scientific literary works of the
               Parties:
               (a) in the case where a Party publishes scientific and technical data, information and results, by means of journals,
                   articles, reports, books, including video and software, arising and relating to activities carried out pursuant to this
                   Agreement, a worldwide, non-exclusive, irrevocable, royalty-free license shall be granted to the other Party to
                   translate, reproduce, adapt, transmit and publicly distribute such works;
               (b) all copies of data and information, protected by copyright, that have to be publicly distributed and prepared under
                   this section shall indicate the names of the author(s) of the work unless an author explicitly declines to be named.
                   They shall also bear a clearly visible acknowledgement of the cooperative support of the Parties.
          3. Except if otherwise specifically agreed by the Parties, the following rules shall apply to undisclosed 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 point (b). The Parties shall
                   cooperate in developing procedures for requesting and obtaining prior written consent for such wider dissemi­
                   nation, and each Party will provide such approval to the extent permitted by its domestic policies, regulations and
                   laws;
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          (d) non-documentary undisclosed or other confidential information provided in seminars and other meetings between
              representatives of the Parties arranged under this Agreement, or information arising from the attachment of staff,
              use of facilities or indirect actions, shall remain confidential when the recipient of such undisclosed or other
              confidential or privileged information was made aware of the confidential character of the information
              communicated at the time such communication was made, according to point (a);
          (e) each Party shall endeavour to ensure that undisclosed information received by it under points (a) and (d) is
              controlled as provided herein. If one of the Parties becomes aware that it will be, or may be reasonably expected
              to become, unable to meet the non-dissemination provisions laid down in points (a) and (d), it shall immediately
              inform the other Party. The Parties shall thereafter consult to define an appropriate course of action.