Lok Sabha Question No. 580 (STARRED), answered on 2018-04-06
Subject: Cooperation with France
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: KAVITHA KALVAKUNTLA

## GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA STARRED QUESTION NO. *580

TO BE ANSWERED ON 06.04.2018

## Cooperation with France

## *580.  SHRIMATI KAVITHA KALVAKUNTLA:

Will the Minister of ENVIRONMENT, FOREST AND CLIMATE CHANGE be pleased to state:

- (a) whether  the  Government  has  signed  a  Memorandum  of  Understanding  (MoU)  with France for cooperation in the field of environment;
- (b) if so, the details thereof;
- (c) whether  the  said  MoU  will  help  in  bringing  or  transferring  green  technology  to  the country; and
- (d) if so, the details thereof?

## ANSWER

## MINISTER FOR ENVIRONMENT, FOREST AND CLIMATE CHANGE

## (DR. HARSH VARDHAN)

- (a) to (d) The statement is laid on the Table of the House.

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## STATEMENT  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  to  (d)  OF  THE  LOK SABHA  STARRED  QUESTION  NO.  580  DUE  FOR  ANSWER  ON  06.04.2018 REGARDING COOPERATION WITH FRANCE ASKED BY SHRIMATI KAVITHA KALVAKUNTLA

- (a) Yes,  Madam.    The  Government  has  signed  a  Memorandum  of  Cooperation  with France in the field of environment.
- (b) A  Memorandum  of  Cooperation  (MoC)  in  the  field  of  Environment  was  signed between India and France.  From Indian side, Dr. Mahesh Sharma, Hon'ble Minister of State for Environment, Forest & Climate Change and from French side Ms. Brune Poirson,  Hon'ble  Minister  of  State  attached  to  the  Minister  for  the  Ecological  and Inclusive  Transition  signed  the  MoC.    The  MoC  was  exchanged  between  both  the countries on 10.03.2018.  A copy of the MoC is annexed herewith as Annexure - I.

The areas of cooperation under this Memorandum of Cooperation include:-

- Climate change including technologies related to climate change;
- Integrated water resources  management including water quality and river management;
- Air quality;
- Chemical and waste management and circular economy;
- Resource and energy efficiency;
- Forests and biodiversity protection;
- Conservation of marine and coastal Resources;
- Wildlife forensics;  and
- Control of illegal trade in wildlife and products made therefrom;
- any other  area of cooperation  that may be  mutually  decided upon by the Parties.

The  MoC  will enable establishment and promotion of closer and long-term cooperation  between  the  two  countries  in  the  field  of  environment  protection  and management  of  natural  resources  on  the  basis  of  equity,  reciprocity  and  mutual benefits, taking into account the applicable laws and legal provisions in each country.

- (c)&(d) As per Article (1), the first objective of the Memorandum of Cooperation is to establish a basis for exchange of information between the Government officers and technical  experts  of  the  respective  parties  in  the  field  of  environment  and  climate change.  Article 4 of the Memorandum of Cooperation gives emphasis on capacity building and technical assistance.

So far as bringing or transferring green technology to the country is concerned, the Joint Working Group on Environment and other bilateral cooperation on environment of both the countries have been mandated to address the same within the meaning of technical assistance (Article 4) read with Intellectual Property Rights (Article 5).

*******

## MEMORANDUM OF COOPERATION

## BETWEEN

THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE OF THE REPUBLIC OF INDIA

## AND

THE MINISTRY FOR THE ECOLOGICAL AND INCLUSIVE TRANSITION OF THE FRENCH REPUBLIC

IN THE FIELD OF

ENVIRONMENT

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The Ministry of Environment, Forest and Climate Change of the Republic of India hereinafter referred to as "Indian Party", and Ministry for the Ecological and Inclusive Transition of the French Republic hereinafter referred to as the "French Party", and hereinafter individually referred to as "Party", and collectively referred to as "Parties",

Taking into consideration the deep concern for environment and shared interest of Parties in its protection for present and future generations;

Considerinq that climate change is a major global issue, and that India and France share a concern on this topic, within the framework of the Paris Agreement on Climate Change adopted on 12 of December 2015 in Paris,

Being convinced of the mutual interest to institutionalize a technical cooperation to combat climate change and to promote the protection of the environment in India and France,

Have agreed as follows:

## ARTICLE 1: OBJECTIVE

This Memorandum of Cooperation has a two-fold objective:

- To establish a basis for exchange of information between the Government officials and the technical experts of the respective Parties in the . field of environment and climate change.
- To promote and develop the relations among various stakeholders including public bodies, states, local and regional authorities, local self­ governing bodies and private companies, in the field of environment and climate change with the purpose of improvement for these sectors and promoting public-private participation.

## ARTICLE 2: AREAS OF COOPERATION

The Parties agree to strengthen cooperation in following areas:

- climate change including technologies related to climate change;
- air quality;
- integrated water resources management including water quality and river management;
- chemical and waste management and circular economy;
- forests and biodiversity protection;
- resource and energy efficiency;
- conservation of marine and coastal Resources;
- control of illegal trade in wildlife and products made therefrom;
- wildlife forensics;

and any other area of cooperation that may be mutually decided upon by the Parties.

## ARTICLE 3: IMPLEMENTATION OF COOPERATION

The implementation of this Memorandum of Cooperation takes place under the aegis of an Indo-French Joint Working Group (JWG) on Environment and Climate Change.

The Indo-French JWG shall meet annually, alternatively in India and in France.

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I For the Indian side, the co-chairman of the JWG on Environment and Climate ~ j Change is the Joint Secretary of the Ministry of Environment, Forest and Climate Change, Government of India.

For the French side, the co-chairman of the JWG on Environment and Climate Change is the Director for European and International Affairs of the Ministry for the Ecological and Inclusive Transition

## ARTICLE 4: MODALITIES

A Programme of Action/Action Plan is drawn-up every year. It lays down the subject matter of the projects contemplated for every current year. For each selected theme the most appropriate means of achievement is determined, including but not limited to advanced training courses in France and in India, expert visits, capacity building and technical assistance

An appraisal of the work achieved is made at the time of each annual meeting of the Indo-French JWG on Environment and Climate Change. The topics retained for each year will be appended to the minutes of the plenary session of the Indo-French JWG on Environment and Climate Change.

All relevant ministries from both sides, such as the ministries in charge of urban development, energy, water or agriculture, may be involved in this process as may be necessary.

## ARTICLE 5: INTELLECTUAL PROPERTY RIGHTS

Should the activities under this Memorandum of Cooperation give rise to intellectual property rights (IPRs), the Parties will enter into a separate arrangement that will specifically provide for the ownership, management and commercialization of such rights in accordance with their respective laws, .rules and regulations and multilateral agreements to which France and India ,are party to.

The Parties will freely exchange information within the framework of this Memorandum of Cooperation, with the exception of such cases where the national legislation or the Party providing such information, has set restrictions on its use or disclosure.

In case the information shared by a Party is confidential, the other Party shall be informed about such nature of the information in writing. In the absence of any such information, Parties shall not be bound to treat the information shared under this Memorandum of Cooperation as confidential.

Under no circumstances, restricted information will be transferred by either party to a third party, without prior written consent of the other Party.

The information resulting from the activities from implementation of the Memorandum of Cooperation , will be published or divulged to third parties, only with prior written consent by the other Party.

## ARTICLE 6: RESPONSIBILITIES

The Indian and the French Co-Chairman of the above Joint Working Group, each in those matters that concern them, are responsible for executing the Programme of Action/Action Plan mentioned in Article 4, in accordance with their national laws and obligations under international law.

## ARTICLE 7: FINANCING

Each Party bears its own expenses incurred through the implementation of the cooperative activities under this Memorandum of Cooperation as far as their current operating expenditure allows.

## ARTICLE 8: SETTLEMENT OF DISPUTES

arising out of the interpretation or implementation of this Memorandum of Cooperation will be settled amicably by negotiation and consultation between the Parties

## ARTICLE 9: ENTRY INTO FORCE, DURATION AND TERMINATION

- i. This present Memorandum of Cooperation takes effect on the date of signature and remains in force for a period of five (5) years.
- ii. It can be modified at any time through mutual consent of the Parties.
- iii. It can be terminated by either Party by giving the other Party a written six months advance notice. Such termination has no effect on the projects or works under implementation, except by a "mutually agreeable decision" by the Parties to the contrary.

Signed at New Delhi on 10 th day of March, 2018 in two originals each in the Hindi, French and English languages, all texts being equally authentic.

For the Ministry of Environment, Forest and Climate Change of the Republic of India

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For the Ministry for the Ecological and Inclusive Transition of the French Republic

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Dr. ahesh Sharma Minister of State of Environment, Forest and Climate Change

Ms. Brune Poirson Minister of State attached to the Minister for the Ecological and Inclusive Transition