Brussels, 11 Oct 2002
Proposal for a
COUNCIL DECISION
concerning the conclusion of the Agreement for scientific and technological co-operation between the European Community and Ukraine Full Text
EXPLANATORY MEMORANDUM
1. On 8 October 2001, the Council authorised the Commission to negotiate an Agreement for scientific and technological co-operation between the European Community and Ukraine.
2. The Agreement was negotiated against the background of an upgraded and intensifying co-operation between Ukraine and the European Union, considering the importance of science and technology for economic and social development and the mutual wish to extend and strengthen the conduct of co-operative activities in areas of common interest. The Agreement shall be concluded for an initial period ending 31 December 2002 and will be renewable by common agreement between the Parties for additional periods of five years.
The negotiations resulted in a draft Agreement and its two annexes, initialled on 13 November 2001.
3. By decision of June 2002, the Council authorised the signature of the draft Agreement which emerged from these negotiations.
4. The Agreement was signed on 4 July 2002 in Copenhagen.
5. The Agreement is based on the principles of mutual benefit, reciprocal opportunities for access to each other's programmes and activities relevant to the purpose of the Agreement, non-discrimination, and the effective protection of intellectual property and equitable sharing of intellectual property rights.
6. The Agreement provides for :
­ participation of Ukrainian entities in Community projects, in the areas of cooperative activities, and a reciprocal participation of entities established in the Community in Ukrainian projects in those areas. Projects may also include a Party's scientific and technological organisations and may also be undertaken in cooperation with the Agencies and official bodies of the Parties;
­ free access to, and shared use of research facilities, including installations and sites for monitoring, observation and experimentation, as well as data collection, relevant to the cooperative activities;
­ visits and exchanges of scientists, engineers, or other appropriate personnel for the purposes of participating in seminars, symposia and workshops relevant to cooperation under this Agreement;
­ exchange of information on practices, legislation, regulations and programmes relevant to cooperation under this Agreement;
­ other activities as may be mutually determined by the Joint Community-Ukraine Committee in accordance with the applicable policies and programmes of the Parties;
­ the endorsement by the Parties of Technology Management Plans as a condition for research projects to proceed, as described in the Annex 1 to the Agreement;
­ co-operation activities to be subject to the availability of funds and to the applicable laws and regulations, policies and programmes of Ukraine and the Community; no transfer of funds will take place.
7. As regards dissemination and utilisation of information and management, allocation and exercise of intellectual property rights, resulting from joint research under the Agreement, they shall be subject to the provisions of the Annex 2 to the Agreement.
8. In the light of the above-mentioned considerations, the Commission proposes that the Council :
­ after consulting the European Parliament, approve on behalf of the Community the Agreement for scientific and technological cooperation between the European Community and Ukraine,
­ notify the Ukrainian authorities that the European Community has completed the procedures necessary for the Agreement to enter into force.
Brussels, 10.10.2002 COM(2002) 550 final 2002/0243 (CNS)