Proposed decision concerning the conclusion of the Agreement for scientific and technological cooperation with Chile

February 25, 2003

Brussels, 24 Feb 2003

Proposal for a
COUNCIL DECISION
concerning the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Republic of Chile
Full Text

EXPLANATORY MEMORANDUM

1. The Framework Cooperation Agreement between the European Community and its Member States, on the one part, and the Republic of Chile, of the other part (entered into force on 1st February 1999), identified cooperation on science and technology as an area of particular interest and potential.

In its communication of 19 July 1996 entitled "Promoting RTD cooperation with the world's emerging economies" (COM(96) 344 final) the Commission recommended, inter alia, that the Union should envisage concluding scientific and technological cooperation agreements with selected emerging economies.

In its resolution of 14 March 1997 on the Commission communication entitled "Promoting RTD cooperation with the world's emerging economies" the European Parliament "calls on the Commission to negotiate, with due regard for the circumstances in each country, bilateral agreements establishing a legal framework for the promotion of RTD cooperation".

2. On 20 March 2000, the Ambassador of Chile to the EU presented Commissioner Busquin with Chile's official request to enter into negotiations with the Community with a view to concluding a specific agreement for scientific and technological cooperation. The various exploratory contacts confirmed that increased cooperation with Chile in science and technology would be in the mutual interest of both parties.

3. On 20 April 2001 the Commission submitted to the Council a proposal for a Council Decision authorising the Commission to negotiate an agreement for scientific and technological cooperation between the European Community and the Republic of Chile. On 10 July 2001, the Council authorised the Commission to negotiate this agreement. The negotiations resulted in the draft Agreement and its annex on intellectual property rights, initialled on 11 December 2001 in Santiago, Chile.

On 19 March 2002, the Commission submitted to the Council a proposal for a Council Decision authorising the signing of the abovementioned Agreement. The Council adopted this decision on 13 May 2002 and the Agreement was signed on 23 September 2002 in Brussels.

4. This Agreement, to be concluded for an initial period of five years, tacitly renewable, was negotiated against the background of renewed and intensified cooperation between Chile 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 cooperative activities in areas of common interest.

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 draft Agreement, non-discrimination, the effective protection of intellectual property and equitable sharing of intellectual property rights.

Cooperation shall be conducted subject to the applicable laws and regulations in force on each side.

Cooperation under this Agreement may cover all the activities of research, technological development and demonstration included in the first activity of the framework programme under Article 164 of the Treaty establishing the European Community and all similar RTD activities in Chile in the corresponding scientific and technological fields. This Agreement does not affect the participation of Chile, as a developing country, in Community activities in the field of research for development.

5. The Agreement provides for:

­ participation of Chilean research and technological development entities in RTD projects of the framework programme and reciprocal participation of research and technological development entities established in the Community in Chilean projects in similar sectors of RTD. 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. Such participation is subject to the rules and procedures applicable in each Party;

­ pooling of RTD projects already implemented according to the procedures applicable in the RTD programmes of each Party;

­ joint RTD projects, especially those relating to scientific and technological foresight;

­ visits and exchanges of scientists and technical experts, as well as public, university and private specialists in the field of design and application of scientific and technological policies;

­ joint organisation of seminars, conferences, symposia and workshops, as well as participation of experts in those activities;

­ scientific networks and the training of researchers;

­ concerted action for the dissemination of results/exchanges of experience on joint RTD projects that have been funded or for their coordination;

­ exchanges and sharing of equipment and materials including shared use of advanced research facilities;

­ exchanges of information on practices, laws, regulations and programmes relevant to cooperation under this Agreement;

­ any other type of activity that would be recommended by the Steering Committee and deemed in conformity with the policies and procedures applicable in both Parties;

­ cooperation activities to be subject to the availability of funds and to the applicable laws and regulations, policies and programmes of Chile and the Community; no transfer of funds will take place.

6. As regards dissemination and use of information, and the 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 to this Agreement entitled "Intellectual Property Rights" which forms an integral part of this Agreement.

The principle of non-discrimination agreed under Point II.3 of the above-mentioned annex should protect Community participants in Chilean programmes and activities against any discriminatory treatment, also in respect of the dissemination and use of results, including intellectual property rights. The Steering Committee shall, inter alia, review the efficient and effective functioning of the Agreement, including the non-discriminatory treatment of participants.

7. In the light of the above-mentioned considerations, the Commission proposes that the Council:

­ approve on behalf of the Community, and after consultation of the European Parliament, the Agreement for scientific and technological cooperation between the European Community and the Republic of Chile;

­ notify the Chilean authorities that the procedures necessary for the entry into force of the Agreement have been completed on the part of the European Community.

[...]

Brussels, 20.02.2003 COM(2003) 82 final 2003/0035 (CNS)

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