EUR-Lex - 22005A1104(01) - EN Important legal notice | 22005A1104(01) Agreement for Scientific and Technological Cooperation between the European Community and the United Mexican States Official Journal L 290 , 04/11/2005 P. 0017 - 0024 Agreementfor Scientific and Technological Cooperation between the European Community and the United Mexican StatesTHE EUROPEAN COMMUNITY, hereinafter referred to as "the Community",of the one part, andTHE UNITED MEXICAN STATES, hereinafter referred to as "Mexico",of the other part,hereinafter referred to as "the Parties",CONSIDERING the Economic Partnership, Political Coordination and Cooperation Agreement between the United Mexican States and the European Community and its Member States of 8 December 1997;CONSIDERING the importance of science and technology for their economic and social development;CONSIDERING the ongoing scientific and technological cooperation between the Community and Mexico;CONSIDERING that the Community and Mexico are currently pursuing research and technological development activities, including projects as defined in Article 2(e), in areas of common interest and that participation in each other’s research and development activities on the basis of reciprocity will provide mutual benefits;DESIRING to establish a solid basis for cooperation in scientific and technological research which will extend and strengthen the cooperative activities in areas of common interest and encourage the application of the results of such cooperation to the economic and social benefit of both Parties;CONSIDERING that this Agreement for scientific and technological cooperation is part of the general cooperation between Mexico and the Community,HAVE AGREED AS FOLLOWS:Article 1PurposeThe Parties shall encourage, develop and facilitate cooperative research and development activities in fields of science and technology of common interest between the Community and Mexico.Article 2DefinitionsFor the purpose of this Agreement:(a) "cooperative activity" means any activity which the Parties undertake or support, pursuant to this Agreement, and includes joint research and training of human resources;(b) "information" means scientific or technical data, results or methods of research and development stemming from joint research and any other data deemed necessary by the participants to cooperative activities, including, as necessary, by the Parties themselves;(c) "intellectual property" shall have the meaning defined in Article 2 of the Convention establishing the World Intellectual Property Organisation, signed in Stockholm on 14 July 1967;(d) "joint research" means research, technological development and/or demonstration projects implemented with or without financial support from one or both Parties and which involves collaboration between participants from both the Community and Mexico;(e) "demonstration projects" means projects aimed at demonstrating the viability of new technologies which offer a potential economic advantage but which cannot be commercialised without a prior study of their viability on the market. The Parties shall keep each other mutually and regularly informed about the joint research activities in the context of the coordination and facilitation of cooperative activities (Article 6);(f) "participant" or "research entities" means any physical or legal person, research institute, or any other firm or legal entity established in the Community or in Mexico involved in cooperative activities, including the Parties themselves.Article 3PrinciplesCooperative activities shall be conducted on the basis of the following principles:(a) mutual benefit based on an appropriate balance of advantages;(b) reciprocal opportunities to participate in the research and technological development activities undertaken by each Party;(c) timely exchange of information which may affect cooperative activities;(d) within the framework of the applicable laws and regulations, effective protection of intellectual property and equitable sharing of intellectual property rights, in accordance with the Annex on intellectual property rights, which forms an integral part of this Agreement.Article 4Areas of cooperative activities(a) Cooperation under this Agreement may cover all the activities on research, technological development, demonstration and high-level scientific and technological training, hereinafter referred to as "RTD", included in the RTD Framework Programme of the European Community, including fundamental research. The abovementioned activities must be directed towards promoting scientific progress, industrial competitiveness and economic and social development, in particular in the following areas:- research on the environment and climate, including Earth observation,- biomedical and health research,- agriculture, forestry and fisheries,- industrial and manufacturing technologies,- research on electronics, materials and metrology,- non-nuclear energy,- transport,- information society technologies,- research on economic and social development,- biotechnologies,- aeronautics and space research and applied research, and- science and technology policy.(b) Other areas of cooperation may be added to this list subject to prior examination and recommendation by the Joint Committee referred to in Article 6(c)(7), in accordance with the procedures in force for each party, together with all similar RTD activities undertaken in Mexico in the corresponding fields.This Agreement does not affect the participation of Mexico, as a developing country, in Community activities in the field of research for development.Article 5Forms of cooperative activities(a) The Parties shall foster the participation of institutes of higher education, research and development centres and research and development entities in cooperative activities under this Agreement in conformity with their internal policies and regulations, with a view to providing opportunities for participation in their scientific and technological research and development activities.(b) Cooperative activities may take the following forms:- establishment of networks and long-term institutional alliances between research centres and research and technology institutes and joint implementation of projects of common interest,- implementation of RTD projects between research and business centres in Mexico and Europe, including technology-based undertakings,- participation of Mexican research institutes in RTD projects under the existing Framework Programme and reciprocal participation of research institutes established in the Community in Mexican projects in similar fields of RTD. Such participation shall be subject to the rules and procedures applicable in the RTD programmes of each Party,- visits and exchanges of scientists, RTD policy-makers and technical experts, including scientific training through research,- joint organisation of scientific seminars, conferences, workshops and symposia, as well as participation of experts in such activities,- exchanges and sharing of equipment and materials, including shared use and/or loans of laboratory infrastructure and equipment,- exchanges of information on procedures, laws, regulations and programmes relevant to cooperation under this Agreement, exchanges of experience and studies on best practice on science and technology policy,- any other form recommended by the Steering Committee, as provided for in Article 6(b), and considered to be in conformity with the policies and procedures applicable in both Parties.Joint RTD projects shall be implemented when the participants have developed a technology management plan, as indicated in the Annex to this Agreement.Article 6Coordination and facilitation of cooperative activities(a) For the purposes of this Agreement, the Parties appoint the following authorities, acting as co-signatory executive agents, for the coordination and facilitation of cooperative activities: on behalf of the United Mexican States, el Consejo Nacional de Ciencia y Tecnología (National Science and Technology Council) and, on behalf of the Community, the representatives of the European Commission.(b) The executive agents shall establish a bilateral RTD Cooperation Steering Committee, hereinafter referred to as the "Steering Committee", for the management of this Agreement; this Committee shall consist of a similar number of official representatives of each Party; it shall establish its own rules of procedure.(c) The functions of the Steering Committee shall include:1. promoting and overseeing the different cooperative activities referred to in Article 4 as well as those that could be implemented in the framework of RTD cooperation for development and any others which arise in the future;2. identifying, pursuant to the first indent of Article 5(b), among the potential sectors for RTD cooperation, those priority sectors or subsectors of mutual interest in which cooperation is sought;3. promoting, pursuant to the second indent of Article 5(b), together with the scientific communities of the two Parties, identification of projects which would be of mutual benefit, complementary and/or priorities;4. making recommendations, pursuant to the fifth indent of Article 5(b);5. advising the Parties on ways to enhance and improve cooperation and dissemination thereof consistent with the principles set out in this Agreement;6. monitoring and reviewing the efficient functioning and implementation of this Agreement;7. providing an annual report to the Parties on the status, the level reached and the effectiveness of cooperation undertaken under this Agreement. This report shall be submitted to the Joint Committee established under the Association Agreement of 8 December 1997.(d) The Steering Committee shall, as a general rule, meet once a year, preferably before the meeting of the Joint Committee, according to a jointly agreed schedule, and shall report to the Joint Committee; the meetings shall be held alternately in the Community and in Mexico. Extraordinary meetings may be organised at the request of either Party.(e) Each Party shall bear the costs of its participation in the meetings of the Steering Committee. Costs other than those for travel and accommodation which are directly associated with meetings of the Steering Committee shall be borne by the host Party.Article 7Funding(a) Cooperative activities shall be subject to the availability of appropriated funds and to the applicable laws, regulations, policies and programmes of the Parties. Costs incurred by the participants in cooperative activities shall, in principle, give rise to no transfer of funds from one Party to the other.(b) When cooperative schemes of one Party provide for financial support to participants from the other Party, any such grants, financial or other contributions shall be granted free of tax and customs duties in accordance with the laws and regulations applicable in the territories of each Party.Article 8Entry of personnel and equipmentEach Party shall take all necessary steps and provide the necessary facilities for participants officially involved in cooperative activities under this Agreement to enter, stay in and leave its territory. They shall also make the efforts necessary to provide the necessary facilities, in the national migration, tax, customs, health and safety regulations in force in the receiving country, for the material, data and equipment used in the activities covered by the Agreement.Article 9Dissemination and use of informationThe research entities established in Mexico which are involved in Community RTD projects shall follow, as regards the ownership, dissemination and use of information and as regards the intellectual property stemming from this involvement, the rules on dissemination of research results stemming from the specific Community RTD programmes as well as the provisions in the Annex to this Agreement. The research entities established in the Community which are involved in Mexican RTD projects shall have, as regards the ownership, dissemination and use of information and as regards the intellectual property stemming from this involvement, the same rights and the same obligations as the Mexican research entities and shall be subject to the provisions in the Annex to this Agreement.Article 10Territorial applicationThis Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community applies and under the conditions laid down in that Treaty and, on the other hand, to the territory of Mexico.Article 11Entry into force, termination and dispute settlement(a) This Agreement shall enter into force on the date of the last written communication by which the Parties notify each other that their respective internal procedures necessary for its entry into force have been completed.(b) This Agreement shall be concluded for an initial period of five years and may be tacitly renewed after full evaluation, based on the results, during the penultimate year of each successive five-year period.(c) This Agreement may be amended by decision of the Parties. Amendments shall enter into force under the same conditions as defined in paragraph (a).(d) This Agreement may be terminated at any time by either Party upon six months’ written notice to the other Party through diplomatic channels. The expiration or termination of this Agreement shall not affect the validity or duration of any arrangements made under it, or any specific rights and obligations that have accrued in compliance with the Annex to this Agreement.(e) All questions or disputes related to the interpretation or implementation of this Agreement shall be settled by mutual agreement between the Parties.IN WITNESS WHEREOF, the undersigned, being duly authorised thereto, have signed this Agreement.Done at Brussels on the third day of February in the year two thousand and four in two copies, in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, all texts being equally authentic. The English version will prevail whenever there is a divergent interpretation between these texts.Por la Comunidad EuropeaFor Det Europæiske FællesskabFür die Europäische GemeinschaftΓια την Ευρωπαϊκή ΚοινότηταFor the European CommunityPour la Communauté européennePer la Comunità europeaVoor de Europese GemeenschapPela Comunidade EuropeiaEuroopan yhteisön puolestaPå Europeiska gemenskapens vägnar+++++ TIFF ++++++++++ TIFF +++++Por los Estados Unidos MexicanosFor De Forenede Mexicanske StaterFür die Vereinigten Mexikanischen StaatenΓια τις Ηνωμένες Πολιτείες του ΜεξικούFor the United Mexican StatesPour les États-Unis mexicainsPer gli Stati Uniti messicaniVoor de Verenigde Mexicaanse StatenPelos Estados Unidos MexicanosMeksikon yhdysvaltojen puolestaFör Mexikos förenta stater+++++ TIFF +++++--------------------------------------------------ANNEXINTELLECTUAL PROPERTY RIGHTSThis Annex is an integral part of the "Agreement for scientific and technological cooperation between the European Community and the United Mexican States", hereinafter referred to as "the Agreement".Rights to intellectual property created or furnished under the Agreement shall be allocated as provided in this Annex.I. APPLICATIONThis Annex is applicable to joint research undertaken pursuant to the Agreement, except as otherwise agreed by the Parties.II. OWNERSHIP, ALLOCATION AND EXERCISE OF RIGHTS1. This Annex addresses the allocation of rights and interests of the Parties and their participants. Each Party and its participants shall ensure that the other Party and its participants may obtain the rights to intellectual property allocated to it in accordance with this Annex. This Annex does not otherwise alter or prejudice the allocation of rights, interests and royalties between a Party and its nationals or participants, which shall be determined by the laws and practices applicable to each Party.2. The Parties shall also be guided by, and contractual arrangements shall provide for, the following principles:(a) effective protection of intellectual property. The Parties shall ensure that they and/or their participants notify one another within a reasonable time of the creation of any intellectual property arising under the Agreement or implementation arrangements and seek protection for such intellectual property in a timely fashion;(b) effective exploitation of results, taking into account the contributions of the Parties and their participants and the provisions of Article 9 of the Agreement;(c) non-discriminatory treatment of participants from the other Party as compared with the treatment given to its own participants without prejudice to Article 9 of the Agreement;(d) protection of business-confidential information.3. The Parties or participants shall jointly develop a Technology Management Plan (TMP) in respect of the ownership and use, including publication, of information and intellectual property to be created in the course of joint research. The TMP shall be approved by the responsible funding agency or other relevant agencies involved in financing the technology, taking account of the opinion of the Steering Committee, before the conclusion of the corresponding specific research and development cooperation contracts of research institutes. The TMP shall be developed within the rules and regulations in force in each Party taking into account the aims of the joint research, the financial or other contributions of the Parties and participants, the advantages and disadvantages of licensing by territory or for fields of use, the transfer of export-controlled data, goods or services, requirements imposed by applicable laws and other factors deemed appropriate by the participants. The rights and obligations concerning the research generated by visiting researchers in respect of intellectual property shall also be addressed in the joint technology management plans.With respect to intellectual property, the TMP shall normally address, among other things, ownership, protection, user rights for research and development purposes, exploitation and dissemination, including arrangements for joint publication, the rights and obligations of visiting researchers and dispute settlement procedures. The TMP may also address general and specific information, licensing and deliverables.4. Information or intellectual property created in the course of joint research and not addressed in the TMP shall be allocated, with the approval of the Parties, according to the principles set out in the TMP. In case of disagreement, such information or intellectual property shall be owned jointly by all the participants involved in the joint research from which the information or intellectual property results. Each participant to whom this provision applies shall have the right to use such information or intellectual property for his own commercial exploitation with no geographical limitation.5. Each Party shall ensure that the other Party and its participants have the rights to intellectual property allocated to them in accordance with these principles.6. While maintaining the conditions of competition in areas affected by the Agreement, each Party shall endeavour to ensure that rights acquired pursuant to the Agreement and arrangements made under it are exercised in such a way as to encourage, in particular:(i) the dissemination and use of information created, disclosed or otherwise made available, under the Agreement, and(ii) the adoption and implementation of international standards.7. Termination or expiry of the Agreement shall not affect rights or obligations in accordance with this Annex.III. COPYRIGHT WORKS AND SCIENTIFIC LITERARY WORKSCopyright belonging to the Parties or to their participants shall be accorded treatment consistent with the Berne Convention (Paris Act 1971). The copyright shall protect the expressions but not the ideas, procedures, methods of operation or mathematical concepts as such. Limitations or exceptions to exclusive rights may be introduced only in certain special cases which do not obstruct normal exploitation of results nor unduly endanger the legitimate interests of the right-holder.Without prejudice to Section II, and unless otherwise agreed in the TMP, results of joint research shall be published jointly by the Parties or participants. Subject to the foregoing general rule, the following procedures shall apply:1. In the case of publication by a Party or public bodies of that Party of scientific and technical journals, articles, reports, books, including videos and software arising from joint research pursuant to the Agreement, the other Party shall be entitled to a worldwide, non-exclusive, irrevocable, royalty-free licence to translate, reproduce, adapt, transmit and publicly distribute such works.2. The Parties shall ensure that literary works of a scientific character arising from joint research pursuant to the Agreement and published by independent publishers shall be disseminated as widely as possible.3. All copies of a copyright work to be publicly distributed and prepared under this provision shall indicate the names of the author(s) of the work unless an author explicitly declines to be named. Copies shall also bear a clearly visible acknowledgement of the cooperative support of the Parties.IV. INVENTIONS, DISCOVERIES AND OTHER SCIENTIFIC AND TECHNOLOGICAL ACHIEVEMENTSInventions, discoveries and other scientific and technological achievements arising from cooperative activities between the Parties themselves shall be owned by the Parties unless otherwise agreed by the Parties.V. UNDISCLOSED INFORMATIONA. Documentary undisclosed information1. Each Party, its agencies or its participants, as appropriate, shall identify at the earliest possible moment, and preferably in the TMP, the information which they wish to remain undisclosed in relation to the Agreement, taking into account, inter alia, the following criteria:(a) secrecy of the information in the sense that it is not, as a body or in the precise configuration or assembly of its components, generally known among or readily accessible by lawful means to experts in the fields;(b) the actual or potential commercial value of the information by virtue of its secrecy;(c) previous protection of the information in the sense that it has been subject to steps that were reasonable under the circumstances by the person lawfully in control, to maintain its secrecy.The Parties and their participants may in certain cases agree that, unless otherwise indicated, parts or all of the information provided, exchanged or created in the course of joint research pursuant to the Agreement may not be disclosed.2. Each Party shall ensure that it and its participants clearly identify undisclosed information, for example by means of an appropriate marking or restrictive legend. This also applies to any reproduction of the said information, in whole or in part.Any Party receiving undisclosed information pursuant to the Agreement shall respect the privileged nature thereof. These limitations shall automatically terminate when this information is disclosed by the owner into the public domain.3. Undisclosed information communicated under this Agreement may be disseminated by the receiving Party to persons linked to or employed by the receiving Party and other concerned departments or agencies in the receiving Party authorised for the specific purposes of the joint research under way, provided that any undisclosed information so disseminated shall be pursuant to an agreement of confidentiality and shall be readily recognisable as such, as set out above.4. 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 paragraph 3. The Parties shall cooperate in developing procedures for requesting and obtaining prior written consent for such wider dissemination, and each Party shall grant such approval to the extent permitted by its domestic policies, regulations and laws.B. Non-documentary undisclosed informationNon-documentary undisclosed or other confidential information provided in seminars and other meetings arranged under the Agreement, or information arising from the attachment of staff, use of facilities, or participation in joint projects, shall be treated by the Parties or their participants according to the principles specified for documentary information in the Agreement, provided, however, that the recipient of such undisclosed or other confidential or privileged information has been made aware of the confidential character of the information at the time it was communicated.C. ControlEach Party shall endeavour to ensure that undisclosed information received by it under the Agreement shall be 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 of sections A and B, it shall immediately inform the other Party. The Parties shall thereafter consult to define the most appropriate course of action.--------------------------------------------------

Summary: Scientific and technological cooperation between the EU and Mexico Scientific and technological cooperation between the EU and Mexico SUMMARY OF: Agreement for Scientific and Technological Cooperation between the European Community and the United Mexican States Decision 2005/766/EC – Conclusion of the Agreement for Scientific and Technological Cooperation between the European Community and the United Mexican States WHAT IS THE AIM OF THE AGREEMENT AND THE DECISION? The agreement establishes the formal rules for cooperation between the European Community, now the European Union (EU), and Mexico, aiming at encouraging, developing and facilitating activities in fields of science and technology of common interest. By its decision, the Council of the European Union approved the conclusion of the agreement on behalf of the European Community. KEY POINTS Activities carried out under the agreement are based on a set of principles: mutual benefit; reciprocal opportunities; timely exchange of information; effective protection of intellectual property and the equitable sharing of intellectual property rights. Fields of cooperation Cooperative activities must be directed towards promoting scientific progress, industrial competitiveness and economic and social development, in particular in the following fields: research on the environment and climate, including earth observation; biomedical and health research; agriculture, forestry and fisheries; industrial and manufacturing technologies; research on electronics, materials and metrology; non-nuclear energy; transport; information society technologies; research on economic and social development; biotechnologies; aeronautics and space research and applied research; and science and technology policy. Activities Cooperative activities may include: the establishment of networks and long-term institutional alliances between research centres and research and technology institutes, and the joint implementation of projects of common interest; the implementation of research, technological development and demonstration projects between research and business centres in Mexico and Europe, including technology-based companies; the participation of Mexican research institutes in research, technological development and demonstration projects under the existing framework programme for research and innovation, and the reciprocal participation of research institutes established in the EU in Mexican projects; visits and exchanges of scientists, research, technological development and demonstration policymakers and technical experts, including scientific training through research; the joint organisation of scientific seminars, conferences, workshops and symposia, and the participation of experts in such activities; the exchange and sharing of equipment and materials, including the shared use and/or loaning of laboratory infrastructure and equipment; the exchange of information on procedures, laws, regulations and programmes relevant to cooperation under this agreement, and the exchange of experience and studies on best practices in science and technology policy. DATE OF ENTRY INTO FORCE The agreement entered into force on 13 June 2005 for an initial period of 5 years, and it may be tacitly renewed after full evaluation, based on the results, during the penultimate year of each successive 5-year period. It has been most recently tacitly renewed in 2020 for an additional period of 5 years. BACKGROUND The agreement forms part of wider bilateral relations between the EU and Mexico that are governed by the Economic Partnership, Political Coordination and Cooperation Agreement (known as the global agreement). For further information, see: The European Union and Mexico (European External Action Service) For further information about research and innovation cooperation with Mexico, see: Mexico (European Commission). MAIN DOCUMENTS Agreement for Scientific and Technological Cooperation between the European Community and the United Mexican States (OJ L 290, 4.11.2005, pp. 17–24). Council Decision 2005/766/EC of 13 June 2005 on the conclusion of the Agreement for Scientific and Technological Cooperation between the European Community and the United Mexican States (OJ L 290, 4.11.2005, p. 16). RELATED DOCUMENTS Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part (OJ L 276, 28.10.2000, pp. 45–80). Successive amendments to this Agreement have been incorporated into the original document. This consolidated version is of documentary value only. last update 14.02.2022


EUR-Lex - 22004A0930(01) - EN Avis juridique important | 22004A0930(01) Agreement between the European Community and the Republic of India on customs cooperation and mutual administrative assistance in customs matters Official Journal L 304 , 30/09/2004 P. 0025 - 0031 Agreement between the European Community and the Republic of India on customs cooperation and mutual administrative assistance in customs matters THE EUROPEAN COMMUNITY AND GOVERNMENT OF THE REPUBLIC OF INDIA (HEREINAFTER REFERRED TO AS THE CONTRACTING PARTIES) CONSIDERING the importance of the commercial links between the European Community and India, and desirous of contributing, to the benefit of both Contracting Parties, to the harmonious development of those links; BELIEVING THAT, in order to attain this objective, there should be an undertaking to develop customs cooperation; TAKING into account the development of customs cooperation between the Contracting Parties, concerning customs procedures; CONSIDERING that operations in breach of customs legislation, are prejudicial to the economic, fiscal and commercial interests of both Contracting Parties, and recognising the importance of ensuring the accurate assessment of Customs duties and other taxes; CONVINCED that action against such operations can be made more effective by cooperation between competent administrative authorities; HAVING regard to obligations imposed under international conventions already accepted by, or applied to the Contracting Parties; and having regard also to the recommendations of the Customs Cooperation Council (World Customs Organisation) on mutual administrative assistance of 5 December 1953 , as well as Customs related activities undertaken by the World Trade Organisation; WHEREAS a Cooperation Agreement between the European Economic Community and the Republic of India on Partnership and Development was signed on 20 December 1993 ; HAVE AGREED AS FOLLOWS: TITLE I GENERAL PROVISIONS Article 1 Definitions For the purpose of this Agreement: (a) «Customs legislation» shall mean any laws, provisions or other legally binding instruments of the European Community or India, governing the imports, export and transit of goods and their placing under any other customs procedures, including measures of prohibitions, restrictions and control falling under the competence of the customs authorities and other administrative authorities; (b) «customs authority» shall mean, in the European Community, the competent services of the Commission of the European Communities and the customs authorities of the Member States of the European Community and, in India, the Central Board of Excise and Customs in the Department of Revenue, Ministry of Finance; (c) «applicant authority» shall mean a competent administrative authority which has been designated by a Contracting Party for this purpose and which makes a request for assistance, on the basis of this Agreement; (d) «requested authority» shall mean a competent administrative authority which has been designated by a Contracting Party for this purpose and which receives a request for assistance, on the basis of this Agreement; (e) «personal data» shall mean all information relating to an identified or identifiable individual; (f) «operation in breach of customs legislation» shall mean any violation or attempted violation of the customs legislation; (g) «person» shall mean any natural or legal person; (h) «information» shall mean data, whether or not processed or analysed, and documents, reports, and other communications in any format, including electronic, or certified or authenticated copies thereof. Article 2 Territorial application This Agreement shall apply, on the one hand, to the territories where the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to India. Article 3 Future developments The Contracting Parties may by mutual consent expand this agreement with a view to increasing and supplementing customs cooperation in accordance with their respective customs legislation, by means of agreements on specific sectors or matters. Article 4 Scope of the cooperation 1. The contracting parties undertake to develop customs cooperation. In particular, the Contracting Parties shall seek to cooperate in: (a) establishing and maintaining channels of communications between their customs authorities to facilitate the secure and rapid exchange of information; (b) facilitating effective coordination between their customs authorities; (c) any other administrative matters related to this Agreement that may from time to time require their joint action; 2. The contracting parties undertake also to develop trade facilitation actions in the field of customs in accordance with international standards. 3 Under this Agreement, customs cooperation shall cover all matters relating to the application of customs legislation. Article 5 Scope of assistance 1. The Contracting Parties shall assist each other, in the areas within their competence and within the limits of available resources, and in the manner and under the conditions laid down in this Agreement, to ensure the correct application of customs legislation, in particular by preventing, investigating and combating operations in breach of that legislation. 2. Assistance in customs matters under this Agreement shall be provided between the customs and other administrative authorities of the Contracting Parties, which are competent for the application of this Agreement. It shall not prejudice the rules governing mutual assistance in criminal matters. Nor shall it cover information obtained under powers exercised at the request of a judicial authority. 3. Assistance to recover duties, taxes or fines is not covered by this Agreement. Article 6 Obligations imposed under other agreements 1. Taking into account the respective competencies of the European Community and the Member States, the provisions of this Agreement shall: (a) not affect the obligations of the Contracting Parties under any other international agreement or convention; (b) be deemed complementary with agreements on customs cooperation and mutual administrative assistance which have been or may be concluded between individual Member States and India; (c) not affect the Community provisions governing the communication between the competent services of the Commission and the customs authorities of the Member States of any information obtained under this Agreement which could be of interest to the Community. 2. Notwithstanding the provisions of paragraph 1, the provisions of this Agreement shall take precedence over the provisions of any bilateral agreement on customs cooperation and mutual administrative assistance which has been or may be concluded between individual Member States and India, insofar as the provisions of the latter are incompatible with those of this Agreement. 3. In respect of questions relating to the applicability of this Agreement, the Contracting Parties shall consult each other to resolve the matter in the framework of the Joint Customs Cooperation Committee set up under Article 21 of this Agreement. TITLE II CUSTOMS COOPERATION Article 7 Cooperation in customs procedures The Contracting parties affirm their commitment to the facilitation of the legitimate movement of goods and shall exchange information and expertise on measures to improve customs techniques and procedures and on computerised system with a view towards implementing that commitment in accordance with the provisions of this Agreement. Article 8 Technical assistance The customs authorities may provide technical assistance to each other and exchange personnel and expertise on measures to improve customs techniques and procedures and on computerised systems with a view towards achieving these objectives in accordance with the provisions of this Agreement. Article 9 Discussions in international organisations The customs authorities shall seek to develop and strengthen their cooperation on topics of common interest with a view to facilitating discussions on customs matters in the framework of international organisations. TITLE III MUTUAL ADMINISTRATIVE ASSISTANCE Article 10 Assistance on request 1. At the request of the applicant authority, the requested authority shall provide it with all relevant information which may enable it to ensure that customs legislation is correctly applied, including information regarding activities detected or planned which are or could be operations in breach of customs legislation. In particular, upon request, the Customs authority shall furnish to each other information regarding activities that may result in offences within the territory of the other Party, for example, incorrect customs declarations and certificates of origin, invoices, or other documents known to be, or suspected of being, incorrect or falsified. 2. At the request of the applicant authority, the requested authority shall inform it: (a) whether goods exported from one of the Contracting Parties have been properly imported into the other, specifying where appropriate, the customs procedure applied to the goods; (b) whether goods imported into one of the Contracting Parties have been properly exported from the other, specifying where appropriate, the customs procedure applied to the goods. 3. At the request of the applicant authority, the requested authority shall, within the framework of its laws, regulations or other legally binding instruments, take the necessary steps to ensure special surveillance of; (a) persons in respect of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation; (b) places where stocks of goods have been or may be stored or assembled in such a way that there are reasonable grounds for believing that these goods are intended to be used in operations in breach of customs legislation; (c) goods that are or may be transported in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation; (d) means of transport that are or may be used in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation. Article 11 Spontaneous assistance The Contracting Parties shall assist each other, at their own initiative and in accordance with their laws, regulations or other legally binding instruments, if they consider that to be necessary for the correct application of customs legislation, in particular, in situations that could involve substantial damage to the economy, public health, public security, or similar vital interest of the other party, particularly by providing information obtained pertaining to: (a) activities which are or appear to be operations in breach of customs legislation and which may be of interest to the other Contracting Party; (b) new means or methods employed in carrying out operations in breach of customs legislation; (c) goods known to be subject to operations in breach of customs legislation; (d) persons in respect of whom there are reasonable grounds for believing they are or have been involved in operations in breach of customs legislation; (e) means of transport in respect of which there are reasonable grounds for believing that they have been, are, or may be used in operations in breach of customs legislation. Article 12 Delivery, notification 1. At the request of the applicant authority, the requested authority shall, in accordance with laws, regulations or other legally binding instruments applicable to the latter, take all necessary measures in order: (a) to deliver any documents of an administrative nature; (b) to notify any decisions, emanating from the applicant authority and falling within the scope of this Agreement, to an addressee residing or established in the jurisdiction of the requested authority. 2. Requests for delivery of documents or notification of decisions shall be made in writing in an official language of the requested authority or in a language acceptable to that authority. This requirement shall not apply to any documents that are to be delivered under paragraph 1. Article 13 Form and substance of requests for assistance 1. Requests pursuant to this Agreement shall be made in writing. They shall be accompanied by the documents necessary to enable compliance with the request. When required because of the urgency of the situation, an oral request may be accepted, but must be confirmed immediately in writing. 2. Requests pursuant to paragraph 1 shall include the following information: (a) the applicant authority; (b) the action requested; (c) the object of and the reason for the request; (d) the laws, regulations or other legally binding instruments involved; (e) indications as exact and comprehensive as possible on the persons who are the target of the investigations; (f) a summary of the relevant fact of the enquiries already carried out. 3. Requests shall be submitted in an official language of the requested authority or in a language acceptable to that authority. This requirement shall not apply to any documents that accompany the request under paragraph 1. 4. If a request does not meet the formal requirement set out above, its correction or completion may be requested; precautionary measures may be taken in the meantime. Article 14 Execution of requests 1. In order to comply with a request for assistance, the requested authority shall proceed, within the limits of its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Contracting Party, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out. This provision shall also apply to any other authority to which the request has been addressed in accordance with this Agreement by the requested authority when the latter can not act on its own. 2. Requests for assistance shall be executed in accordance with the laws, regulations or other legally binding instruments of the requested Contracting Party. 3. Duly authorised officials of a Contracting Party may, with the agreement of the other Contracting Party and subject to the conditions laid down by the latter, be present to obtain in the offices of the requested authority or any other concerned authority in accordance with paragraph 1, information related to activities that are or may be operations in breach of customs legislation which the applicant authority needs for the purpose of this Agreement. 4. Duly authorised officials of a Contracting Party may, with the agreement of the other Contracting Party and subject to the conditions laid down by the latter, be present at enquiries carried out in the latter's jurisdiction into specific cases. 5. In the event that the request cannot be complied with, the applicant authority shall be notified promptly of that fact, with a statement of the reasons and of any other information that the requested authority considers may be of assistance to the applicant authority. Article 15 Form in which information is to be communicated 1. The requested authority shall communicate results of enquiries to the applicant authority in writing together with relevant documents, certified copies or other items. 2. This information may be in computerised form. 3. Original files and documents shall be transmitted only upon request in cases where certified copies would be insufficient. These originals shall be returned at the earliest opportunity. The rights of the requested authority or of third parties relating to the originals shall remain unaffected. Article 16 Exceptions to the obligation to provide assistance 1. Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements, in cases where a Party is of the opinion that assistance under this Agreement would: (a) be likely to prejudice the vital interests of India or those of a Member State of the European Community which has been requested to provide assistance under this Agreement; (b) be likely to prejudice public order, security or other essential principles, in particular those referred to under Article 17(2); or (c) violate an industrial, commercial or professional secret. 2. Assistance may be postponed by the requested authority on the ground that it will interfere with an ongoing investigation, prosecution or proceedings. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require. 3. Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request. 4. For the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons thereof must be communicated to the applicant authority without undue delay. Article 17 Information exchange and confidentiality 1. Any information communicated in whatsoever form pursuant to this Agreement shall be of a confidential or restricted nature, depending on the rules applicable in each of the Contracting Parties. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to similar information under the relevant laws of the Contracting Party that received it and the corresponding provisions applying to the Community authorities. 2. Personal data may be exchanged only where the Contracting Party which may receive it undertakes to protect such data in at least an equivalent way to the one applicable to that particular case in the Contracting Party that may supply it. The Contracting Party that may supply the information shall not stipulate any requirements that are more onerous than those applicable to it in its own jurisdiction. The Contracting Parties shall communicate to each other information on their applicable rules, including where appropriate, legal provisions in force in the Member States of the Community. 3. Nothing in this Agreement shall preclude the use of information or documents obtained in accordance with this Agreement as evidence in proceedings or charges subsequently instituted before the courts or tribunals in respect of operations in breach of customs legislation. Therefore, the Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges which may subsequently be brought before the courts or tribunals, use as evidence information obtained and documents consulted in accordance with the provisions of this Agreement. The competent authority which supplied that information or gave access to those documents shall be notified of such use. 4. Information obtained shall be used solely for the purposes of this Agreement. Where one of the Contracting Parties wishes to use such information for other purposes, it shall obtain the prior written consent of the authority which provided the information. Such use shall then be subject to any restrictions laid down by that authority. 5. Practical arrangements for the implementation of this Article shall be determined by the Joint Customs Cooperation Committee established under Article 21. Article 18 Experts and witnesses An official of a requested authority may be authorised to appear, within the limitations of the authorisation granted, as an expert or witness before an authority in the other Contracting Party regarding the matters covered by this Agreement, and produce such objects, documents or confidential or certified copies thereof as may be needed for this purpose. The request for appearance must indicate specifically before which authority the official will have to appear, on what matters and by virtue of what title or qualification the official will be questioned. Article 19 Assistance expenses 1. The Contracting Parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to this Agreement, except, as appropriate, for expenses payable to experts and witnesses, and those to interpreters and translators who are not public service employees. 2. If during the execution of a request it becomes apparent that completion of the execution of the request will entail expenses of an extraordinary nature, the Customs authorities shall consult to determine the terms and conditions under which the execution may continue. TITLE IV FINAL PROVISIONS Article 20 Implementation 1. The implementation of this Agreement shall be entrusted to the competent services of the Commission of the European Communities and, where appropriate, the customs authorities of the Member States of the European Community on the one hand, and to the Central Board of Excise and Customs in Department of Revenue, Ministry of Finance, on the other. They shall decide on all practical measures and arrangements necessary for its application, taking into consideration the rules in force in particular in the field of data protection. They may recommend to the competent bodies amendments which they consider should be made to this Agreement. 2. The Contracting Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Agreement. Article 21 Joint Customs Cooperation Committee 1. A Joint Customs Cooperation Committee is hereby established, consisting of representatives of the European Community and of India. It shall meet at a place, on a date and with an agenda, fixed by mutual agreement. 2. The Joint Customs Cooperation Committee shall inter alia: (a) see to the proper functioning of the Agreement; (b) examine all issues arising from its application; (c) take measures necessary for customs cooperation in accordance with the objectives of this Agreement; (d) exchange views on any points of common interest regarding customs cooperation, including future measures and the resources for them; (e) recommend solutions aimed at attaining the objectives of this Agreement. 3. The Joint Customs Cooperation Committee shall adopt its internal rules of procedure. 4. The Joint Customs Cooperation Committee will report annually to the Joint Commission set up under Article 22 of the Cooperation agreement between the European Community and the Republic of India on Partnership and Development. Article 22 Entry into force and duration 1. This Agreement shall enter into force on the first day of the month following the date on which the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose. 2. Each Contracting party may terminate this Agreement by giving notice to the other in writing. The termination shall take effect three months from the day of notification to the other Contracting Party. Requests for assistance which have been received prior to the termination of the Agreement shall be completed in accordance with the provisions of this Agreement. Article 23 Authentic texts This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Hindi languages, each text being equally authentic. In witness whereof, the undersigned, being duly authorised to do so, have signed this Agreement. Hecho en Bruselas, el veintiocho de abril de dos mil cuatro. Udfærdiget i Bruxelles den otteogtyvende april to tusind og fire. Geschehen zu Brüssel am achtundzwanzigsten April zweitausendundvier. Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Απριλίου δύο χιλιάδες τέσσερα. Done at Brussels on the twenty-eighth day of April in the year two thousand and four. Fait à Bruxelles, le vingt-huit avril deux mille quatre. Fatto a Bruxelles, addì ventotto aprile duemilaquattro. Gedaan te Brussel, de achtentwintigste april tweeduizendvier. Feito em Bruxelas, em vinte e oito de Abril de dois mil e quatro. Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä huhtikuuta vuonna kaksituhattaneljä. Som skedde i Bryssel den tjugoåttonde april tjugohundrafyra. Por la Comunidad Europea For Det Europæiske Fællesskab Für die Europäische Gemeinschaft Για την Ευρωπαïκή Κοινότητα For the European Community Pour la Communauté européenne Per la Comunità europea Voor de Europese Gemeenschap Pela Comunidade Europeia Euroopan yhteisön puolesta På Europeiska gemenskapens vägnar >REFERENCE TO A GRAPHIC> >REFERENCE TO A GRAPHIC> Por la República de la India For Republikken Indien Für die Republik Indien Για τη Δημοκρατία της Ινδίας For the Republic of India Pour la République de l'Inde Per la Repubblica d'India Voor de Republiek India Pela República da Índia Intian tasavallan puolesta För Republiken Indien >REFERENCE TO A GRAPHIC> >REFERENCE TO A GRAPHIC>

Summary: EU-India customs agreement EU-India customs agreement SUMMARY OF: Council Decision 2004/633/EC concluding the EU and India agreement on customs cooperation and mutual administrative assistance in customs matters Agreement between the EU and India on customs cooperation and mutual administrative assistance in customs matters WHAT IS THE AIM OF THE DECISION AND THE AGREEMENT? The decision concerns the signing by the EU and India of an agreement which aims to simplify customs measures and to share experience and knowledge in the area of customs. The aim of the agreement is to facilitate the legitimate movement of goods and the effective cooperation between the administrative authorities responsible for applying customs legislation*. This is achieved by setting up channels of communication between the customs authorities to facilitate the secure and rapid sharing of information. The cooperation provided for in the agreement may be increased and supplemented by means of agreements on specific sectors and matters. KEY POINTS Customs cooperation The parties undertake to develop customs cooperation by: making the legitimate movement of goods easier and exchanging information and expertise relating to customs techniques and procedures and computerised systems; providing technical assistance to each other; exchanging personnel and expertise. Mutual administrative assistance The parties undertake to assist each other to ensure the correct application of customs legislation. The agreement provides for 2 types of assistance: assistance on request: the requested authority* supplies the applicant authority* with all relevant information to enable it to ensure that customs legislation is correctly applied and to detect operations in breach of the legislation. The information may concern offences such as the presentation of incorrect or falsified documents and the regularity of export and import procedures between the two parties. Assistance may also be requested where there are grounds to believe that individuals, places, goods or means of transport are involved in breaches of legislation.spontaneous assistance: the parties assist each other if they consider that to be necessary for the correct application of customs legislation. In particular, at their own initiative they share with each other any information which can help to avoid substantial damage to the economy, public health or similar vital interests. Formal aspects and exceptions to assistance Requests must be made in writing, except in urgent cases where oral requests may be made, confirmed in writing thereafter. Requests must contain: data on the applicant authority;the measure requested;the object of and the reason for the request;all the legally binding instruments involved;details of the persons who are the subject of the investigation. The requested party may refuse to provide assistance if to do so would be likely to prejudice the sovereignty, public policy, security or other essential interests of one of the parties. The obligation to provide assistance may also be waived where to do so would violate an industrial, commercial or professional secret. The requested party may also decide to postpone assistance on the ground that it interferes with an ongoing investigation, prosecution or proceedings. The agreement contains confidentiality clauses in relation to the information supplied, which is covered by the obligation of professional secrecy. A high level of protection is given to personal data. The agreement sets up a Joint Customs Cooperation Committee which oversees the operation of the agreement and examines all issues arising from its application. FROM WHEN DOES THE DECISION APPLY? The decision has applied since 30 March 2004. The agreement entered into force on 1 November 2004. BACKGROUND For more information, see: Agreement with India on customs cooperation (European Commission) India and the EU (European Union External Action Service) KEY TERMS Customs legislation: any rules adopted by the EU or India concerning the import, export and transit of goods and their placing under any other customs procedure, including measures of prohibition, restriction and control. Requested authority: the competent customs authority which receives a request for assistance. Applicant authority: the competent customs authority which makes a request for assistance. MAIN DOCUMENTS Council Decision 2004/633/EC of 30 March 2004 concerning the conclusion of the Agreement between the European Community and the Republic of India on customs cooperation and mutual administrative assistance in customs matters (OJ L 304, 30.9.2004, p. 24) Agreement between the European Community and the Republic of India on customs cooperation and mutual administrative assistance in customs matters (OJ L 304, 30.9.2004, pp. 25-31) last update 07.11.2017


EUR-Lex - 32004R0533 - EN Avis juridique important | 32004R0533 Council Regulation (EC) No 533/2004 of 22 March 2004 on the establishment of European partnerships in the framework of the stabilisation and association process Official Journal L 086 , 24/03/2004 P. 0001 - 0002 Council Regulation (EC) No 533/2004of 22 March 2004on the establishment of European partnerships in the framework of the stabilisation and association processTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the first sentence of Article 181a(2) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),Whereas:(1) The Feira European Council on 19 and 20 June 2000 confirmed that its objective remains the fullest possible integration of the western Balkan countries into the political and economic mainstream of Europe and recognised that all the countries concerned are potential candidates for membership of the European Union.(2) The Zagreb Declaration of the Summit on 24 November 2000 between the Heads of State or Government of the European Union and the countries covered by the stabilisation and association process recognised that the prospect of accession is offered on the basis of fulfilment of the criteria defined at the Copenhagen European Council in June 1993 and the progress made in implementing the Stabilisation and Association Agreements, in particular those on regional cooperation.(3) The Thessaloniki European Council of 19 and 20 June 2003 confirmed its determination fully and effectively to support the European perspective of the western Balkan countries, affirming that they will become an integral part of the European Union once they meet the established criteria. It endorsed the Council's conclusions of 16 June 2003, including the Annex entitled "The Thessaloniki Agenda for the western Balkans: moving towards European integration". The "Thessaloniki Agenda" identifies ways and means of intensifying the stabilisation and association process, including the drawing-up of European partnerships.(4) Under the Thessaloniki Declaration of the EU-Western Balkans Summit of 21 June 2003, the "Thessaloniki Agenda" is considered to be a shared agenda between the European Union and the western Balkan countries, which they commit themselves to implement. The enriched stabilisation and association process remains the overall framework for the European course of the western Balkan countries, all the way to their accession.(5) The European partnerships for the western Balkan countries will identify priorities for action in order to support efforts to move closer to the European Union while serving as a checklist against which to measure progress. They will be adapted to the countries' specific needs and respective stages of preparation, and to the specificities of the stabilisation and association process, including regional cooperation. Informal consultations will be held with the countries and, as appropriate, with the wider international community in preparing the European partnerships.(6) The European partnerships, updated as necessary, are needed in order to assist the western Balkan countries in preparing for membership within a coherent framework and in developing plans with timetables of reforms and details in terms of measures of how they intend to address the requirements for further integration into the European Union.(7) It would be appropriate for Community assistance to focus on the challenges to be defined within the framework of the European partnerships, which will provide guidance for financial assistance, and which will observe defined principles, priorities and conditions.(8) Community assistance under the stabilisation and association process to the western Balkan countries will be provided by the relevant financial instruments, and in particular by Council Regulation (EC) No 2666/2000 of 5 December 2000 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia(2); accordingly, this Regulation will have no financial implications.(9) The programming of the financial resources making up Community assistance should be based on the priorities of the European partnerships and decided in accordance with the procedures set out in the relevant financial instruments.(10) Revisions of the European partnerships priorities may have a significant political impact on relations with the western Balkan countries. It is therefore appropriate for the Council to adopt the principles, priorities and conditions applicable to each European partnership.(11) The follow-up of these European partnerships is ensured within the framework of the mechanisms established under the stabilisation and association process, notably the annual reports on the stabilisation and association process,HAS ADOPTED THIS REGULATION:Article 1European partnerships shall be established to cover Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia and Serbia and Montenegro including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999, (hereinafter referred to as "the Partners"). The European partnerships shall provide a framework covering the priorities resulting from the analysis of Partners' different situations, on which preparations for further integration into the European Union must concentrate in the light of the criteria defined by the European Council, and the progress made in implementing the stabilisation and association process including stabilisation and association agreements, where appropriate, and in particular regional cooperation.Article 2The Council shall decide by qualified majority on a proposal from the Commission, the principles, priorities and conditions to be contained in the European partnerships, as well as any subsequent adjustments.Article 3This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 22 March 2004.For the CouncilThe PresidentB. Cowen(1) Opinion of 10 March 2004 (not yet published in the Official Journal).(2) OJ L 306, 7.12.2000, p. 1. Regulation as amended by Regulation (EC) No 2415/2001 (OJ L 327, 12.12.2001, p. 3).

Summary: Partnerships with the Western Balkans Partnerships with the Western Balkans Within the framework of the stabilisation and association process with the countries of the Western Balkans, the European Union has set up partnerships with Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Montenegro and Serbia, including Kosovo, as defined by United Nations Security Council Resolution 1244 of 10 June 1999. These partnerships set up a framework of priority action and a financial structure to improve the stability and prosperity of the region, with a view to greater integration with the EU as these countries are recognised as potential candidates for membership. As a candidate country for which membership negotiations have already begun, Croatia benefits from its own accession partnership. ACT Council Regulation (EC) No 533/2004 of 22 March 2004 on the establishment of partnerships in the framework of the stabilisation and association process [See amending acts]. SUMMARY The European Union (EU) applies the same methodology to the countries of the Western Balkans as that followed for the new Member States and acceding countries. The enriched stabilisation and association process therefore remains the overall framework for the Western Balkans' European journey until their integration into the EU. Partnerships are established with Albania, Bosnia and Herzegovina, Montenegro and Serbia, including Kosovo, as defined by the United Nations Security Council Resolution 1244 of 10 June 1999. Croatia, for whom membership negotiations have already begun, and the former Yugoslav Republic of Macedonia, benefit from an accession partnership, which takes into account their special status as candidate countries. The partnerships aim to support the Western Balkans' efforts to implement the stabilisation and association process and to meet the accession criteria (Copenhagen criteria) with a view to their eventual EU membership. They provide a coherent structure for the reforms which are needed and a corresponding financial framework. The countries concerned are developing plans with timetables of reforms and details in terms of measures of how they intend to address the requirements for further integration into the EU. Mechanisms of the European partnerships The partnerships provide a framework covering the priorities resulting from the analysis of each of the partners' differing situations, on which preparations for further integration into the European Union must concentrate in the light of the criteria defined by the European Council, and, where appropriate, the progress made in implementing the stabilisation and association process including stabilisation and association agreements, and in particular regional cooperation. The partnerships are regularly revised on the basis of the progress made by each country and any new priorities identified. The Council decides by qualified majority and on a proposal from the Commission the principles, priorities and conditions to be contained in the European partnerships, as well as any subsequent adjustments. The follow-up of these European partnerships is ensured by means of the mechanisms established under the stabilisation and association process, in particular the annual reports. Financial assistance The partnerships also provide a framework for financial assistance aimed mainly at pursuing the priorities and objectives identified. Community assistance for the Western Balkan countries under the stabilisation and association process is provided by the relevant financial instruments, i.e. the instrument for pre-accession assistance (IAP) for the 2007-13 period which replaces the 2000-06 CARDS Programme. Context The Feira European Council in June 2000 recognised that all the countries of the Western Balkans are potential candidates for membership of the EU. This prospect requires fulfilment of the political, economic and institutional criteria laid down at the Copenhagen European Council in June 1993 (Articles 6 and 49 of the EU Treaty), as recognised by the Zagreb Declaration of November 2000 between the EU and the countries participating in the stabilisation and association process and as reaffirmed by the Thessaloniki European Council of June 2003. The "Thessaloniki Agenda" of June 2003 identifies ways and means of intensifying the stabilisation and association process, including the drawing-up of partnerships. Croatia and the former Yugoslav Republic of Macedonia are both candidate countries - they were accorded this status in 2004 and 2005 respectively. Furthermore, the Member States began membership negotiations with Croatia on 3 October 2005. References Act Entry into force - Date of expiry Deadline for transposition in the Member States Official Journal Regulation (EC) No 533/2004 27.3.2004 - OJ L 86 of 24.3.2004 Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal Regulation (EC) No 269/2006 20.2.2006 - OJ L 47 of 17.2.2006 Regulation (EC) No 229/2008 18.3.2008 - OJ L 73 of 15.3.2008 Last updated: 31.08.2011


EUR-Lex - 22005A0713(01) - EN Important legal notice | 22005A0713(01) Agreement for scientific and technological cooperation between the European Community and the Arab Republic of Egypt Official Journal L 182 , 13/07/2005 P. 0012 - 0019 Agreementfor scientific and technological cooperation between the European Community and the Arab Republic of EgyptTHE EUROPEAN COMMUNITY, (hereinafter referred to as the "Community")of the one part,andTHE ARAB REPUBLIC OF EGYPT (hereinafter referred to as "Egypt"),of the other part,Hereinafter referred to as the "Parties",CONSIDERING the Treaty establishing the European Community and in particular Article 170 thereof, in conjunction with the first sentence of Article 300(2) and the first subparagraph of Article 300(3) thereof,CONSIDERING Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the sixth framework programme of the European Community for research, technological development and demonstration projects, contributing to the creation of the European Research Area and to innovation (2002-2006) [1];CONSIDERING the importance of science and technology for their economic and social development 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, on the one hand, and the Arab Republic of Egypt, on the other hand, signed on 25 June 2001;HAVE AGREED AS FOLLOWS:Article 1Scope and principles1. The Parties shall encourage, develop and facilitate cooperative activities between the Community and Egypt in fields of common interest where they are pursuing research and development activities in science and technology.2. Cooperative activities shall be conducted on the basis of the following principles:- promotion of a knowledge-based society to foster the social and economic development of both Parties;- mutual benefit based on an overall balance of advantages;- reciprocal access to the activities of research programmes and projects undertaken by each Party;- timely exchange of information which may affect cooperative activities;- appropriate exchange and protection of intellectual property rights.Article 2Means of cooperation1. Legal entities established in Egypt, as defined in Annex I, including either physical persons or private or public moral persons, shall participate in indirect actions of the Community’s Framework programme for research and technological development and demonstration activities (hereinafter referred to as the "EC Framework programme") under the same conditions as those applicable to legal entities of Member States of the European Union, subject to the terms and conditions established by, or referred to in, Annexes I and II.2. Legal entities established in the Member States of the Community shall participate in Egypt’s research programmes and projects in themes equivalent to those of the EC Framework programme under the same conditions as those applicable to legal entities of Egypt, subject to the terms and conditions established by, or referred to in, Annexes I and II.3. Cooperation may also take the following forms and means:- regular discussions on the guidelines and priorities for research policies and planning in Egypt and the Community,- discussions on cooperation prospects and development,- timely provision of information concerning the implementation of programmes and research projects of Egypt and of the Community, and concerning the results of work undertaken within the framework of this Agreement,- joint meetings,- visits and exchanges of research workers, engineers and technicians, including for training purposes,- exchanges and sharing of equipment and materials,- regular and sustained contacts between programme or project managers of Egypt and the Community,- participation of experts in seminars, symposia and workshops,- exchanges of information on practices, laws, regulations, and programmes relevant to cooperation under this Agreement,- research and technological development training,- reciprocal access to scientific and technologic information in the scope of this cooperation,- any other modality adopted by the EC-Egypt Joint Scientific and Technical Cooperation Committee, as defined in Article 4, and deemed to be in accordance with the policies and procedures applicable in both Parties.Article 3Enhancement of cooperation1. The Parties shall 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 movement of goods intended for use in such activities.2. Where, in accordance with its own rules, the Community unilaterally grants funding to a legal entity of Egypt participating in a Community indirect action, Egypt shall ensure that no charge or levy is imposed upon that transaction.Article 4Management of the AgreementEC-Egypt Joint Scientific and Technological Cooperation Committee1. The coordination and facilitation of activities under this Agreement shall be accomplished on behalf of Egypt by the Academy of Scientific Research and Technology and on behalf of the Community by the services of the Commission of the European Communities in charge of the Framework programme, acting as executive agents of the Parties (hereinafter referred to as "Executive Agents").2. The Executive Agents shall establish a joint committee called "EC-Egypt Joint Scientific and Technological Cooperation Committee" (hereinafter referred to as the "Joint Committee"), whose functions shall include:- ensuring, evaluating and reviewing the implementation of this Agreement, as well as amending the Annexes thereto or adopting new ones to take into consideration developments in the Parties’ scientific policies, subject to the fulfilment by each of the Parties of its internal procedures for that purpose,- identifying, on an annual basis, potential sectors where cooperation should be developed and improved, and examining any measure to that end,- regularly discussing the future orientations and priorities of research policies and research planning in Egypt and the Community and the prospects for future cooperation within this Agreement.3. The Joint Committee, which shall be composed of representatives of the Executive Agents, shall adopt its rules of procedure.4. The Joint Committee shall meet at least once a year, alternately in the Community and in Egypt. Extraordinary meetings shall be held at the request of one or other of the Parties. The conclusions and recommendations of the Joint Committee will be sent for information to the Association Committee of the Euro-Mediterranean Agreement between the European Union and the Arab Republic of Egypt.Article 5FinancingThe reciprocal participations in research activities under this Agreement shall be set according to the conditions defined in Annex I and shall be subject to legislation, regulations, policies and conditions of implementation of the programmes in force on the territory of each Party.Article 6Dissemination and use of the results and informationThe dissemination and use of the achieved and/or exchanged results as well as those of information, management, allocation and exercise of intellectual property rights resulting from the research activities undertaken under this Agreement shall be subject to the conditions provided for in Annex II.Article 7Final provisions1. Annexes I and II shall form an integral part of this Agreement.All questions or disputes related to the interpretation or implementation of this Agreement shall be settled by mutual agreement of the Parties.2. This Agreement shall enter into force when the Parties have notified each other of the completion of their internal procedures for its conclusion. Pending the completion by the Parties of their internal procedures for its conclusion, the Parties shall provisionally apply this Agreement upon its signature.Should one Party notify the other that it will 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 the time of the abovementioned notification shall continue until their completion under the conditions laid down in this Agreement.3. Either of the Parties may terminate this Agreement at any time upon 12 months’ notice.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.4. Should one of the Parties decide to amend its research programmes and projects referred to in Article 1(1), that Party’s Executive Agent shall notify the other Party’s Executive Agent of the precise content of the amendments in question.By way of derogation from the second subparagraph of paragraph 2, this Agreement may be terminated under mutually agreed conditions should either of the Parties notify the other within one month after the adoption of the amendments referred to in the first subparagraph of its intention to terminate this Agreement.5. This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Arab Republic of Egypt. This shall not prevent the conduct of cooperative activities on the high seas, in outer space or in the territory of third countries, in accordance with international law.6. This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Arabic languages, each of these texts being equally authentic.Hecho en El Cairo, el veintiuno de junio de dos mil cinco.Udfærdiget i Kairo den enogtyvende juni to tusind og fem.Geschehen zu Kairo am einundzwanzigsten Juni zweitausendfünf.Έγινε στο Κάιρο, στις είκοσι μία Ιουνίου δύο χιλιάδες πέντε.Done at Cairo on the twenty-first day of June in the year two thousand and five.Fait au Caire, le vingt-et-un juin deux mille cinq.Fatto a il Cairo, addì ventuno giugno duemilacinque.Gedaan te Kaïro, de eenentwintigste juni tweeduizend vijf.Feito no Cairo, em vinte e um de Junho de dois mil e cinco.Tehty Kairossa kahdentenakymmenentenäensimmäisenä päivänä kesäkuuta vuonna kaksituhattaviisi.Som skedde i Kairo den tjugoförsta juni tjugohundrafern.Por la Comunidad EuropeaFor Det Europæiske FællesskabFür die Europäische GemeinschaftΓια την Ευρωπαϊκή ΚοινότηταFor the European CommunityPour la Communauté européennePer la Comunità europeaVoor de Europese GemeenschapPela Comunidade EuropeiaEuroopan yhteisön puolestaFör Europeiska gemenskapenPor el Gobierno de la República Árabe de EgiptoPå vegne af Den Arabiske Republik Egyptens regeringFür die Regierung der Arabischen Republik ÄgyptenΓια την Κυβέρνηση της Αραβικής Δημοκρατίας της ΑιγύπτουFor the Government of the Arab Republic of EgyptPour le gouvernement de la République arabe d’ÉgyptePer il Governo della Repubblica araba di EgittoVoor de regering van de Arabische Republiek EgyptePelo Governo da República Árabe do EgiptoEgyptin arabitasavallan hallituksen puolestaFör Arabrepubliken Egyptens regering[1] OJ L 232, 29.8.2002, p. 1. Decision as amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).--------------------------------------------------ANNEX ITerms and conditions for the participation of legal entities of Member States of the European Union and of EgyptFor 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 OF EGYPT IN INDIRECT ACTIONS OF THE EC FRAMEWORK PROGRAMME1. Participation of legal entities established in Egypt in indirect actions of the EC 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 Egypt 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 Egypt participating in indirect actions referred to in paragraph 1 under the terms and conditions laid down by the decision taken by the European Parliament and the Council 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 contract concluded by the Community with any legal entity of Egypt in order to perform an indirect action shall provide for controls and audits to be carried out by, or under the authority of, the Commission or the Court of Auditors of the European Communities.In a spirit of cooperation and mutual interest, the relevant authorities of Egypt 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 OF MEMBER STATES OF THE EUROPEAN UNION IN EGYPTIAN RESEARCH PROGRAMMES AND PROJECTS1. 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 Egyptian research and development programmes jointly with Egyptian legal entities.2. Subject to paragraph 1 and to Annex II, the rights and obligations of legal entities established in the Community participating in Egyptian research projects within research and development programmes, and 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 Egyptian laws, regulations and government directives governing the operation of research and development programmes, as applicable to Egyptian legal entities and assuring equitable treatment, taking into account the nature of the cooperation between Egypt and the Community in this field.Funding of legal entities established in the Community participating in Egyptian research projects within research and development programmes shall be subject to the Egyptian laws, regulations and government directives governing the operation of research and development programmes, as applicable to non-Egyptian legal entities participating in Egyptian research projects within research and development programmes.3. Egypt shall regularly inform the Community and Egyptian legal entities of current Egyptian programmes and participation opportunities for legal entities established in the Community.--------------------------------------------------ANNEX IIPrinciples on the allocation of intellectual property rightsI. APPLICATIONFor 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 PARTIES1. Each Party shall ensure that the intellectual property rights of legal entities established in the other Party participating in activities carried out pursuant to this Agreement and the related rights and obligations arising from such a participation are consistent with the relevant international conventions that are applicable to the Parties, including the TRIPS Agreement (Agreement on trade-related aspects of intellectual property Rights administered by the World Trade Organisation) as well as the Berne Convention (Paris Act 1971) and the Paris Convention (Stockholm Act 1967).2. Legal entities established in Egypt participating in an indirect action of the EC Framework programme shall have the same rights and obligations on intellectual property as those of legal entities established in the Community, under the conditions laid down by the decision taken by the European Parliament and the Council according to Article 167 of the Treaty establishing the European Community, and in the contract concluded with the Community accordingly, such rights and obligations being in compliance with paragraph 1.3. Legal entities established in the Community participating in Egyptian research programmes or projects shall have the same rights and obligations on intellectual property as those of legal entities established in Egypt participating in such research programmes or projects, such rights and obligations being in compliance with paragraph 1.III. INTELLECTUAL PROPERTY RIGHTS OF THE PARTIES1. 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(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 on it to the other Party for carrying out activities referred to in Article 2(2) of this Agreement. Such access rights shall be granted on a royalty-free basis.2. Unless otherwise specifically agreed by the Parties, the following rules shall apply to scientific literary works of the Parties:(a) In cases 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 licence 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. Unless 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 insignia 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 paragraph (b). The Parties shall cooperate in developing procedures for requesting and obtaining prior written consent for such wider dissemination, and each Party shall provide such approval to the extent permitted by its domestic policies, regulations and laws.(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, pursuant to paragraph (a).(e) Each Party shall endeavour to ensure that undisclosed information which it receives under paragraphs (a) and (d) is controlled as provided for in this Agreement. 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 paragraphs (a) and (d), it shall immediately inform the other Party. The Parties shall thereafter consult to define an appropriate course of action.--------------------------------------------------

Summary: Scientific and technological cooperation between the EU and Egypt Scientific and technological cooperation between the EU and Egypt SUMMARY OF: Agreement for scientific and technological cooperation between the European Community and the Arab Republic of Egypt Decision 2008/180/EC on the conclusion of the Agreement on scientific and technological cooperation between the European Community and the Arab Republic of Egypt WHAT IS THE AIM OF THE AGREEMENT AND THE DECISION? The agreement establishes a formal framework for cooperation, aimed at encouraging, developing and facilitating activities in the areas of science and technology. By its decision, the Council approved the conclusion of the agreement on behalf of the European Community (now the EU). KEY POINTS Activities conducted under the agreement are based on a set of principles: promotion of a knowledge-based society to foster the social and economic development of both parties; mutual benefits based on an overall balance of advantages; reciprocal access to the activities of research programmes and projects undertaken by each party; timely exchange of information; protection of intellectual property rights. Cooperation Egyptian legal entities* can take part in indirect cooperative activities of EU’s framework programmes for research and technological development and demonstration activities under the same conditions as those applicable to legal entities of EU countries, subject to the terms and conditions set out in Annexes I and II of the agreement. Legal entities established in an EU country can take part in Egyptian research programmes and projects covering similar areas to those of the framework programme under the same conditions as those applicable to legal entities of Egypt subject to the terms and conditions set out in Annexes I and II of the agreement. Cooperative activities may include the following: regular discussions on the guidelines and priorities for research policies and planning in Egypt and the EU; discussions on cooperation prospects and developments; timely provision of information concerning the implementation of respective programmes and research projects; joint meetings; visits and exchanges of research workers, engineers and technicians, including for training purposes; exchanges and sharing of equipment and materials; regular and sustained contacts between programme or project managers of the parties; participation of experts in seminars, conferences (‘symposiums’) and workshops; exchanges of information on practices, laws, regulations and programmes relevant to cooperation under this agreement; research and technological development training; reciprocal access to scientific and technological information within the scope of this cooperation; any other modality adopted by the Joint Scientific and Technical Cooperation Committee set up under this agreement. DATE OF ENTRY INTO FORCE The agreement entered into force on 27 February 2008 for an indefinite period (provisionally applicable upon its signature: 21 June 2005). It may be terminated at any time by either party with 12 months’ written notice. BACKGROUND Egypt is one of the countries covered by the EU Neighbourhood Policy. In 2004, the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part entered into force. For more information, see: Egypt and the EU (European External Action Service) Egypt and Neighbourhood policy (European Commission). For more information about research & innovation (R & I) cooperation with Egypt, see: International R&I cooperation with Egypt (European Commission) Roadmap for EU Southern Neighbourhood S&T cooperation (European Commission). KEY TERMS Legal entities: 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. MAIN DOCUMENTS Agreement for scientific and technological cooperation between the European Community and the Arab Republic of Egypt (OJ L 182, 13.7.2005, pp. 12-19) Council Decision 2008/180/EC of 25 February 2008 concerning the conclusion of the Agreement on scientific and technological cooperation between the European Community and the Arab Republic of Egypt (OJ L 59, 4.3.2008, pp. 12-13) last update 25.10.2019