CELEX: 52017PC0436
Language: en
Date: 2017-08-11
Title: Proposal for a COUNCIL DECISION on the signing, on behalf of the Union, of the Agreement for scientific and technological cooperation between the European Union and the Hashemite Kingdom of Jordan setting out the terms and conditions for participation of the Hashemite Kingdom of Jordan in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA)

EUROPEAN COMMISSION
            Brussels, 11.8.2017
            COM(2017) 436 final
            2017/0202(NLE)
            Proposal for a
            COUNCIL DECISION
            on the signing, on behalf of the Union, of the Agreement for scientific and technological cooperation between the European Union and the Hashemite Kingdom of Jordan setting out the terms and conditions for participation of the Hashemite Kingdom of Jordan in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA)
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE PROPOSAL
            
            
               •Reasons for and objectives of the proposal
            
            
               
                  Following a proposal by the Commission for an Article185 TFEU PRIMA initiative 
                     1
                  , the Decision (EU) 2017/1324 of the European Parliament and of the Council
                     2
                   on the participation of the Union in the Partnership for Research and Innovation in the Mediterranean Area ('PRIMA') jointly undertaken by several Member States was adopted.
               
               
               
                  PRIMA aims at implementing a joint programme to foster research and innovation capacities and to develop knowledge and common innovative solutions for improving the efficiency, safety, security and sustainability of agro-food systems and of integrated water provision and management in the Mediterranean area. PRIMA will be jointly undertaken by a number of Member States and third countries ('PRIMA Participating States') with a high level of commitment to scientific, management and financial integration and under the same terms and conditions. 
               
               
               
                  The Hashemite Kingdom of Jordan ('Jordan') expressed its wish to join PRIMA as a Participating State by letters of 7 November 2016 and 30 February 2017, committing to provide a financial contribution of 30 million euros to the initiative. 
               
               
               
                  In order to ensure that Jordan participates in PRIMA on an equal footing with Member States and third countries associated to Horizon 2020, an International Agreement with the Union is required to extend the scope of the legal regime established by Decision (EU) 2017/1324 to Jordan.
               
               
               
                  On 30 May 2017 the Council authorised the Commission to open negotiations, on behalf of the Union, with Jordan on an International Agreement between the Union and Jordan laying down the terms and conditions for the participation of Jordan in PRIMA, subject to the adoption of Decision (EU) 2017/1324. 
               
               
               
                  The negotiations started on 26 June 2017 and were successfully completed on 10 July 2017, when the text of the draft Agreement was initialled by representatives from each of the future Parties. The draft Agreement attached to this proposal is in line with the negotiating directives issued by the Council. In particular, it establishes that the terms and conditions for the participation of Jordan in PRIMA shall be those set out in Decision (EU) 2017/1324, making direct reference to the Union legislative act.
               
               
               
                  In order to ensure the protection of Union financial interests, particularly the powers of the Commission, the European Anti-Fraud Office, the Court of Auditors and the PRIMA Implementation Structure (PRIMA-IS) to carry out audits and investigations in accordance with the applicable Union legislation, the Agreement makes specific reference to the relevant provisions of Decision (EU) 2017/1324 and obliges the Parties to provide all necessary assistance to ensure their implementation. In addition, the future Agreement stipulates that the Parties must agree on detailed arrangements for assistance, such arrangements being essential to their cooperation under this Agreement.
               
               
            
            
               •Consistency with existing policy provisions in the policy area
            
            
               
                  As also presented in the impact assessment report for PRIMA
                     3
                  , the openness of PRIMA to the participation of third countries such as Jordan is consistent with the objectives of international cooperation for research and innovation as outlined in the 2012 Commission Communication 'Enhancing and focusing EU international cooperation in research and innovation: A strategic approach'
                     4
                   and Horizon 2020 Framework Programme, which promotes cooperation with third countries in science, technology and innovation in order to tackle global societal challenges and support Union external policies. This Agreement is also consistent with the existing 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
                     5
                   and the Agreement between the European Community and the Hashemite Kingdom of Jordan on Scientific and Technological Cooperation
                     6
                   which provide for cooperation between Union and Jordan in research and technological development and encourage research and development activities in the fields of common interest. 
               
            
         
         
            
               •Consistency with other Union policies
            
            
               
                  The implementation of PRIMA in close cooperation with third countries such as Jordan is also consistent with, and relevant for, other Union policies, such as migration policy, development policy and neighbourhood policy.
               
            
            
               2.LEGAL elements of the proposal
            
            
               
                  The proposal for a Council decision is based on Article 186 and Article 218(5) of the Treaty on the Functioning of the European Union. 
               
            
            
            
               In the light of the above, the Commission proposes that the Council 
            
            
               - decides on the signature of the Agreement on behalf of the European Union;
            
            
               - authorises the negotiator of the Agreement to sign, on behalf of the European Union, the Agreement for scientific and technological cooperation between the European Union and the Hashemite Kingdom of Jordan setting out the terms and conditions for participation of the Hashemite Kingdom of Jordan in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA)
            
            
            
            
               2017/0202 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               on the signing, on behalf of the Union, of the Agreement for scientific and technological cooperation between the European Union and the Hashemite Kingdom of Jordan setting out the terms and conditions for participation of the Hashemite Kingdom of Jordan in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA)
            
            
               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)Decision (EU) 2017/1324 of the European Parliament and of the Council
                  7
                provides for the participation of the Union in the Partnership for Research and Innovation in the Mediterranean Area ('PRIMA') jointly undertaken by several Member States. 
            
            
               (2)PRIMA aims at implementing a joint programme to foster research and innovation capacities and to develop knowledge and common innovative solutions for improving the efficiency, safety, security and sustainability of agro-food systems and of integrated water provision and management in the Mediterranean area.
            
         
         
            
               (3)PRIMA will be jointly undertaken by a number of Member States and third countries ('PRIMA Participating States) with a high level of commitment to scientific, management and financial integration and under the same terms and conditions.
            
            
               (4)The Hashemite Kingdom of Jordan ('Jordan') expressed its wish to join PRIMA as a Participating State and on an equal footing with the Member States and countries associated to Horizon 2020 participating in PRIMA.
            
            
               (5)In accordance with Article 1(2) of Decision (EU) 2017/1324 Jordan is to become a Participating State in PRIMA subject to the conclusion of an international agreement for scientific and technological cooperation with the Union setting out the terms and conditions for the participation of Jordan in PRIMA.
            
            
               (6)On 30 May 2017 the Council authorised the Commission to open negotiations, on behalf of the Union, with Jordan, on an international agreement setting out the terms and conditions for the participation of Jordan in PRIMA, subject to the adoption of Decision (EU) 2017/1324. The negotiations were successfully completed by the initialling of the Agreement.
            
            
               (7)Therefore, the Agreement should be signed on behalf of the Union, subject to its conclusion at a later date.
            
            
               HAS ADOPTED THIS DECISION: 
            
            
               Article 1
            
            
               The signing of the Agreement for scientific and technological cooperation between the European Union and the Hashemite Kingdom of Jordan setting out the terms and conditions for participation of the Hashemite Kingdom of Jordan in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) is hereby approved on behalf of the Union, subject to the conclusion of that Agreement.
            
            
               The text of the Agreement is attached to this Decision.
            
            
               Article 2
            
            
               The Council Secretariat General shall establish the instrument of full powers to sign the Agreement, subject to its conclusion, for the person(s) indicated by the negotiator of the Agreement.
            
            
               Article 3
            
            
               This Decision shall enter into force on [the date of its adoption].
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  COM(2016) 662 final, 18.10.2016.
               
               
                  
                     (2)
                  Decision (EU) 2017/1324 of the European Parliament and of the Council of 4 July 2017 on the participation of the Union in the Partnership for Research and Innovation in the Mediterranean Area ('PRIMA') jointly undertaken by several Member States (OJ L 185, 18.07.2017, p. 1).
               
               
                  
                     (3)
                  SWD(2016)332 final, 18.10.2016.
               
               
                  
                     (4)
                  COM(2012) 497 final.
               
               
                  
                     (5)
                  OJ L129, of 15.05.2002, p. 3.
               
               
                  
                     (6)
                  OJ L 159 of 17.06.2011, p.108.
               
               
                  
                     (7)
                  Decision (EU) 2017/1324 of the European Parliament and of the Council of 4 July 2017 on the participation of the Union in the Partnership for Research and Innovation in the Mediterranean Area ('PRIMA') jointly undertaken by several Member States (OJ L 185, 18.07.2017, p. 1).
               
            
      
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               EUROPEAN COMMISSION
            Brussels, 11.8.2017
            COM(2017) 436 final
            ANNEX
            to the
            proposal for a COUNCIL DECISION
            on the signing, on behalf of the Union, of the Agreement for scientific and technological cooperation between the European Union and the Hashemite Kingdom of Jordan setting out the terms and conditions for participation of the Hashemite Kingdom of Jordan in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA)
            
               
         
         
            
               Agreement for scientific and technological cooperation between the European Union and the Hashemite Kingdom of Jordan setting out the terms and conditions for participation of the Hashemite Kingdom of Jordan in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA)
            
            
            
            
               The European Union (hereinafter 'the Union'),
            
            
               of the one part,
            
            
               and
            
            
               The Hashemite Kingdom of Jordan, (hereinafter 'Jordan'),
            
            
               of the other part,
            
            
               (hereinafter 'the Parties')
            
            
            
            
               Whereas 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, provides for the scientific and technological cooperation;
            
            
            
               Whereas the Agreement between the European Community and the Hashemite Kingdom of Jordan on Scientific and Technological Cooperation, which entered into force in 29 March 2011, establishes a formal framework for cooperation of the Parties in scientific and technological research;
            
            
            
               Whereas Decision (EU) 2017/1324 of the European Parliament and of the Council on the participation of the Union in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) jointly undertaken by several Member States regulates the terms and conditions for the participation of the EU Member States and Countries Associated to Horizon 2020 who are Participating States of the initiative, in particular their financial obligations and participation in the governing structures of the initiative;
            
            
            
               Whereas according to the terms of Decision (EU) 2017/1324 Jordan is to become a Participating State in PRIMA subject to the conclusion of an international agreement for scientific and technological cooperation with the Union setting out the terms and conditions of Jordan's participation in PRIMA;
            
            
                
            
         
         
            
               Whereas Jordan expressed its wish to join PRIMA as a Participating State and on an equal footing with the EU Member States and Countries Associated to Horizon 2020 participating in PRIMA;
            
            
            
               Whereas an international agreement between the Union and Jordan is needed to regulate the rights and obligations of Jordan as PRIMA Participating State;
            
            
            
            
               
            
               HAVE AGREED AS FOLLOWS:
            
            
            
            
               Article 1
            
            
            
               The purpose
            
            
            
               The purpose of this Agreement is to set out the terms and conditions for participation of Jordan in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA).
            
            
            
               Article 2
            
            
            
               Terms and conditions of participation of Jordan in PRIMA
            
            
            
               The terms and conditions for the participation of Jordan in PRIMA shall be those set out in Decision (EU) 2017/1324 of the European Parliament and of the Council on the participation of the Union in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) jointly undertaken by several Member States. The Parties shall comply with the obligations established by that Decision and take appropriate measures, in particular by providing all necessary assistance in order to ensure the application of its Articles 10(2) and 11(3) and (4). The detailed arrangements for assistance shall be agreed between the Parties, such arrangements being essential to their cooperation under this Agreement.
            
         
         
            
            
               Article 3
            
            
            
               Territorial application
            
            
            
               This Agreement shall apply, on the one hand, to the territories in which the Treaty on the Functioning of the European Union and the Treaty on the European Union are applied and, on the other, to the territory of Jordan.
            
            
            
            
            
               Article 4
            
            
            
               Entry into force and duration
            
            
            
               1. This Agreement shall be approved by the Parties in accordance with their own procedures. 
            
            
            
               2. This Agreement shall enter into force on the date on which both Parties notified each other through diplomatic channels that the procedures referred to in the first paragraph have been completed. 
            
            
            
               3. This Agreement shall remain in force for as long as Decision (EU) 2017/1324 is in force, unless terminated by either Party in accordance with Article 5.
            
            
            
         
         
            
               
            
               Article 5
            
            
            
               Termination
            
            
            
               1. Either Party may terminate this Agreement at any time by a written notice informing the other Party of the intent to terminate it. 
            
            
            
               The termination shall take effect six months after the date at which the written notice reaches its addressee.
            
            
            
               2. Projects and activities in progress at the time of termination of this Agreement shall continue until their completion under the conditions laid down in this Agreement.
            
            
            
               3. Parties shall settle by common consent any other consequences of termination.
            
            
            
               Article 6
            
            
               Dispute settlement
            
            
            
               The dispute settlement procedure provided for in Article 97 of the Euro-Mediterranean Agreement establishing an Association between the European Communities and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part shall apply to all disputes related to the application or interpretation of this Agreement.
            
            
            
            
         
         
            
               This Agreement shall be drawn up in duplicate in Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Arabic languages, each text being equally authentic.