EUR-Lex - 21998A1022(01) - EN Avis juridique important | 21998A1022(01) Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America - Intellectual property Official Journal L 284 , 22/10/1998 P. 0037 - 0044 AGREEMENT for scientific and technological cooperation between the European Community and the Government of the United States of AmericaTHE EUROPEAN COMMUNITY (hereinafter 'the Community`),of the one part, andTHE GOVERNMENT OF THE UNITED STATES OF AMERICA,of the other part,hereinafter referred to as the 'Parties`,CONSIDERING the importance of science and technology for their economic and social development;RECOGNISING that the Community and the Government of the United States of America are pursuing research and technological activities in a number of areas of common interest, and that participation in each other's research and development activities on a basis of reciprocity will provide mutual benefits;HAVING REGARD to the Declaration on EC-US relations of 23 November 1990 and the New Transatlantic Agenda and the Joint EU-US Action Plan adopted in Madrid on 3 December 1995;DESIRING to establish a formal basis for cooperation in scientific and technological research which will extend and strengthen the conduct of cooperative activities in areas of common interest and encourage the application of the results of such cooperation to their economic and social benefit,HAVE AGREED AS FOLLOWS:Article 1 Purpose The Parties shall encourage, develop and facilitate cooperative activities in fields of common interest where they are pursuing research and development activities in science and technology.Article 2 Definitions For the purposes of this Agreement:(a) 'Cooperative activity` means any activity which the Parties undertake, or support, pursuant to this Agreement, and includes joint research;(b) 'Information` means scientific or technical data, results or methods of research and development stemming from joint research, and any other data relating to cooperative activities;(c) 'Intellectual property` shall have the meaning defined in Article 2 of the Convention establishing the World Intellectual Property Organisation, done at Stockholm, 14 July 1967;(d) 'Joint research` means research that is implemented with financial support from one or both Parties and that involves collaboration by participants from both the Community and the United States of America, and is designated as joint research in writing by the Parties or their scientific and technological organisations and agencies, or in the case where there is funding by only one Party, by that Party and the participants in that project;(e) 'Participants` means any individual or entity, including, inter alia, the Parties' scientific and technological organisations and agencies, private persons, undertakings, research centres, universities, subsidiaries of European and US entities, or any other form of legal entity involved in cooperative activities.Article 3 Principles Cooperative activities shall be conducted on the basis of the following principles:(a) mutual benefit based on an overall balance of advantages;(b) reciprocal opportunities to engage in cooperative activities;(c) equitable and fair treatment;(d) timely exchange of information which may affect cooperative activities.Article 4 Areas of cooperative activities (a) Sectors for cooperative activities are:- environment (including climate research),- biomedicine and health (including research on AIDS, infectious diseases and drug abuse),- agriculture,- fisheries science,- engineering research,- non-nuclear energy,- natural resources,- materials sciences and metrology,- information and communication technologies,- telematics,- biotechnology,- marine sciences and technology,- social sciences research,- transportation,- science and technology policy, management, training and mobility of scientists.(b) The Parties may modify this list upon recommendation by the Joint Consultative Group mentioned in Article 6, in accordance with procedures in force for each Party.(c) The Parties may jointly pursue cooperative activities with third parties.Article 5 Forms of cooperative activities (a) Subject to applicable laws, regulations and policies, the Parties shall foster, to the fullest extent practicable, the involvement of participants in cooperative activities under this Agreement with a view to providing comparable opportunities for participation in their scientific and technological research and development activities.(b) Cooperative activities may take the following forms:1. coordinated research projects and joint research projects;2. joint task forces;3. joint studies;4. joint organisation of scientific seminars, conferences, symposia and workshops;5. training of scientists and technical experts;6. exchange or sharing of equipment and materials;7. visits and exchanges of scientists, engineers or other appropriate personnel;8. exchanges of scientific and technological information as well as on practices, laws, regulations and programmes relevant to cooperation under this Agreement.Where appropriate, such cooperative activities shall take place pursuant to implementing arrangements concluded between the Parties' executive agents, or their scientific and technological organisations and agencies. These arrangements may describe the nature and the duration of cooperation for a specific area or purpose, treatment of intellectual property as provided for in the Annex, funding, allocation of costs, and other relevant matters.Article 6 Coordination and facilitation of cooperative activities (a) The coordination and facilitation of cooperative activities under this Agreement shall be accomplished on behalf of the Government of the United States of America by the Department of State and on behalf of the Community by the European Commission, acting as Executive Agents.(b) The Executive Agents shall establish a Joint Consultative Group (hereinafter referred to as the 'JCG`) for the oversight of scientific and technological cooperation under this Agreement. The JCG shall consist of a limited equal number of official representatives of each Party.(c) The JCG may hold consultation on general science and technology issues; exchange information; establish task forces and working groups as appropriate; consult experts as appropriate and needed; and otherwise work to increase mutual understanding of the Parties' activities and programmes related to science and technology.(d) The functions of the JCG shall include:1. overseeing and recommending activities under the Agreement;2. making recommendations pursuant to Article 4(b);3. advising the Parties on ways to enhance cooperation consistent with the principles set out in this Agreement;4. annually providing a report on the status and effectiveness of cooperation undertaken under this Agreement;5. reviewing the efficient and effective functioning of the Agreement.(e) The JCG shall meet annually, unless otherwise agreed by the Parties. Meetings should be held alternately in the Community and the United States of America. The JCG shall establish its own rules of procedure, subject to approval by the Parties.(f) Decisions of the JCG shall be reached by consensus. Minutes, comprising a record of the decisions and principal points discussed, shall be taken at each meeting. These minutes shall be agreed upon by those persons selected from each side to jointly chair the meetings.Article 7 Funding and legal considerations (a) Cooperative activities shall be subject to the availability of appropriated funds and to the applicable laws and regulations, policies and programmes of the Community and the United States of America.(b) Each Party shall bear the costs of discharging its responsibilities under this Agreement, including costs of participation in meetings of the JCG. However, costs, other than those for travel and accommodation, which are directly associated with meetings of the JCG, shall be borne by the host Party.Article 8 Entry of personnel and equipment Each Party shall take all reasonable steps and use its best efforts, within applicable laws and regulations, to facilitate entry to and exit from its territory of persons, material, data and equipment involved in or used in cooperative activities under this Agreement.Article 9 Treatment of intellectual property The allocation and protection of intellectual property rights under this Agreement shall be in accordance with the provisions of the Annex, which forms an integral part of this Agreement.Article 10 Other agreements and transitional provisions (a) The Parties shall endeavour, where appropriate, to bring under the terms of this Agreement new arrangements for scientific and technological cooperation between the Community and the Government of the United States of America that fall under the scope of Article 4.(b) This Agreement is without prejudice to rights and obligations under other agreements between the Parties and any agreement or arrangement between either of the Parties and non-participant third parties, including agreements of arrangements between their scientific and technological organisations or agencies and a Member State of the Community.Article 11 Territorial application 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 United States of America. This shall not prevent the conduct of cooperative activities on the high seas, outer space, or the territory of third countries, in accordance with international law.Article 12 Entry into force, termination and dispute settlement (a) This Agreement shall enter into force on the date on which the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.(b) This Agreement is concluded for an initial period of five years. Subject to review by the Parties in the final year of each successive period, the Agreement may be extended, with possible amendments, thereafter for additional periods of five years by mutual written agreement between the Parties.(c) This Agreement may be terminated at any time by either Party upon six months' written notice. 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.(d) This Agreement may be amended by agreement of the Parties. Amendments shall enter into force on the date on which the Parties have notified each other in writing that their respective internal procedures necessary for amending this Agreement have been completed.(e) All questions or disputes related to the interpretation or implementation of this Agreement shall be settled by mutual agreement of the Parties.Article 13 This Agreement is signed in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, and Swedish languages, each of these texts being equally authentic.Hecho en Washington DC, el cinco de diciembre de mil novecientos noventa y siete.Udfærdiget i Washington DC, den femte december nitten hundrede og syvoghalvfems.Geschehen zu Washington DC am fünften Dezember neunzehnhundertsiebenundneunzig.¸ãéíå óôçí ÏõÜóéãêôïí DC, óôéò 5 Äåêåìâñßïõ ÷ßëéá åííéáêüóéá åíåíÞíôá åðôÜ.Done at Washington DC on the fifth day of December in the year one thousand nine hundred and ninety-seven.Fait à Washington DC, le cinq décembre mil neuf cent quatre-vingt-dix-sept.Fatto a Washington DC, addì cinque dicembre millenovecentonovantasette.Gedaan te Washington DC, de vijfde december negentienhonderd zevenennegentig.Feito em Washington DC, em cinco de Dezembro de mil novecentos e noventa e sete.Tehty Washington DC:ssä viidentenä päivänä joulukuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäseitsemän.Som skedde i Washington DC den femte december nittonhundranittiosju.Por la Comunidad EuropeaFor Det Europæiske FællesskabFür die Europäische GemeinschaftÃéá ôçí ÅõñùðáúêÞ ÊïéíüôçôáFor the European CommunityPour la Communauté européennePer la Comunità europeaVoor de Europese GemeenschapPela Comunidade EuropeiaEuroopan yhteisön puolestaPå Europeiska gemenskapens vägnar>REFERENCE TO A FILM>Por el Gobierno de los Estados Unidos de AméricaFor regeringen for Amerikas Forenede StaterFür die Regierung der Vereinigten Staaten von AmerikaÃéá ôçí êõâÝñíçóç ôùí ÇíùìÝíùí Ðïëéôåéþí ôçò ÁìåñéêÞòFor the Government of the United States of AmericaPour le gouvernement des États-Unis d'AmériquePer il governo degli Stati Uniti d'AmericaVoor de regering van de Verenigde Staten van AmerikaPelo Governo dos Estados Unidos da AméricaAmerikan yhdysvaltojen hallituksen puolestaPå Amerikas förenta staternas regerings vägnar>REFERENCE TO A FILM>For the Government of the United States of AmericaPor el Gobierno de los Estados Unidos de AméricaFor regeringen for Amerikas Forenede StaterFür die Regierung der Vereinigten Staaten von AmerikaÃéá ôçí êõâÝñíçóç ôùí ÇíùìÝíùí Ðïëéôåéþí ôçò ÁìåñéêÞòPour le gouvernement des États-Unis d'AmériquePer il governo degli Stati Uniti d'AmericaVoor de regering van de Verenigde Staten van AmerikaPelo Governo dos Estados Unidos da AméricaAmerikan yhdysvaltojen hallituksen puolestaPå Amerikas förenta staternas regerings vägnar>REFERENCE TO A FILM>For the European CommunityPor la Comunidad EuropeaFor Det Europæiske FællesskabFür die Europäische GemeinschaftÃéá ôçí ÅõñùðáúêÞ ÊïéíüôçôáPour la Communauté européennePer la Comunità europeaVoor de Europese GemeenschapPela Comunidade EuropeiaEuroopan yhteisön puolestaPå Europeiska gemenskapens vägnar>REFERENCE TO A FILM>ANNEX INTELLECTUAL PROPERTY Pursuant to Article 9 of this Agreement:The Parties shall ensure adequate and effective protection of intellectual property created or furnished under this Agreement and relevant implementing arrangements. The Parties agree to notify one another in a timely fashion of any inventions or copyrighted works arising under this Agreement and to seek protection for such intellectual property in a timely fashion. Rights to such intellectual property shall be allocated as provided in this Annex.I. SCOPE A. This Annex is applicable to all cooperative activities undertaken by the Parties or their participants pursuant to this Agreement, except as otherwise specifically agreed by the Parties.B. For purposes of this Agreement, 'intellectual property` shall have the meaning found in Article 2 of the Convention Establishing the World Intellectual Property Organisation, done at Stockholm, 14 July 1967.C. This Annex addresses the allocation of rights, interests, and royalties between the Parties or their participants. Each Party shall ensure that the other Party or its participants can obtain the rights to intellectual property allocated in accordance with the Annex. This Annex does not otherwise alter or prejudice the allocation between a Party and its nationals, which shall be determined by that Party's laws and practices.D. Disputes concerning intellectual property arising under this Agreement should be resolved through discussions between the relevant participants, or, if necessary, the Parties. Upon mutual agreement of the Parties, the participants may submit a dispute to an arbitral tribunal for binding arbitration. Unless the participants agree otherwise in writing, the arbitration rules of Uncitral shall govern.E. Termination or expiration of this Agreement shall not affect rights or obligations under this Annex.II. ALLOCATION OF RIGHTS A. Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free licence in all countries to reproduce, publicly distribute and translate scientific and technical journal articles, non-proprietary scientific reports and books directly arising from cooperation under this Agreement. All publicly distributed copies of a copyrighted work prepared under this provision shall indicate the names of the authors of the work unless an author explicitly declines to be named. Each Party or its participants shall have the right to review a translation prior to public distribution.B. Rights to all forms of intellectual property, other than those rights described in paragraph II(A) above, shall be allocated as follows:1. Visiting researches, for example, scientists visiting primarily in furtherance of their education, shall receive intellectual property rights under arrangements with their host institutions. In addition, each visiting researcher named as an inventor shall be entitled to treatment as a national of the host country with regard to awards, bonuses, benefits, or any other rewards, in accordance with the policies of the host institution.2. (a) For intellectual property which is or may be created during joint research, the Parties or their participants shall jointly develop a technology management plan. The technology management plan shall consider the relative contributions of the Parties and their participants, the benefits of licensing by territory or for fields of use, requirements imposed by the Parties' domestic laws, and other factors deemed appropriate.(b) If the parties or their participants did not agree to a joint technology management plan in the initial research cooperation agreement and cannot reach an agreement within a reasonable time, not to exceed six months, from the time a Party becomes aware of the creation or likely creation of the intellectual property in question as a result of the joint research, the Parties or their participants shall resolve the matter in accordance with the provisions of paragraph I(D). Pending resolution of the matter, such intellectual property shall be owned jointly by the Parties or their participants, but shall be commercially exploited (including product development) only by mutual agreement.(c) 'Joint research` means research that is implemented with financial support from one or both Parties and that involves collaboration by participants from both the Community and the United States of America and is designated as joint research in writing by the Parties or their scientific and technological organisations and agencies, or in the case where there is funding by only one Party, by that Party and the participants in that project.(d) In the event that either Party believes that a particular joint research project under this Agreement has led or will lead to the creation or furnishing of a type of intellectual property that it protects but is not protected throughout the territory of the other Party, the Parties shall immediately hold discussions to determine the allocation of the rights to the said intellectual property. The joint activities in question will be suspended during the discussions, unless otherwise agreed by the Parties thereto. If no agreement can be reached within a three-month period from the date of the request for discussions, cooperation on the project in question will be suspended or terminated at the request of either Party.III. PROPRIETARY INFORMATION In the event that information identified in a timely fashion as proprietary is furnished or created under the Agreement, each Party and its participants shall protect such information in accordance with applicable laws, regulations, and administrative practice. Without prior written consent, none of the Parties shall disclose any proprietary information except to employees, government personnel, and prime and subcontractors. Such disclosures shall be for use only within the terms of their permits or licences with the Parties or the scope of work of their contracts with the Parties and in work relating to the subject matter of the information so disseminated. The Parties shall impose, or shall have imposed, through appropriate arrangements such as research contracts, grant documents, technology management plans, etc., an obligation on all participants receiving such information to keep it confidential.If one of the Parties becomes aware that, under its laws or regulations, it will be, or may reasonably be expected to become unable to meet the non-disclosure provisions, it shall immediately inform the other Party. The Parties shall thereafter consult to define an appropriate course of action. Information may be identified as proprietary if it is secret in the sense that it is not, as a body or in the precise configuration or assembly of its components, generally known or readily accessible by lawful means; has actual or potential commercial value by virtue of its secrecy; has been subject to steps that were reasonable under the circumstances by the person lawfully in control to maintain its secrecy and not already in the possession of the recipient without an obligation concerning its confidentiality.

Summary: Scientific and technological cooperation between the EU and the United States Scientific and technological cooperation between the EU and the United States SUMMARY OF: Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America Decision 98/591/EC — conclusion of the agreement for scientific and technological cooperation between the European Community and the Government of the United States of America Decision 2009/306/EC — extension and amendment of the agreement for scientific and technological cooperation between the European Community and the Government of the United States of America Decision 2014/240/EU — extension of the agreement for scientific and technological cooperation between the European Community and the Government of the United States of America Decision (EU) 2018/1578 — extension of the agreement for scientific and technological cooperation between the European Community and the Government of the United States of America WHAT IS THE AIM OF THE AGREEMENT AND THE DECISIONS? The agreement establishes a formal framework for cooperation aiming at encouraging, developing and facilitating activities in the areas of science and technology. By Decision 98/591/EC, the Council approved the conclusion of the agreement on behalf of the European Community (now the EU). The Council approved successive extensions in 2004 (Decision 2004/756/EC), 2009 (Decision 2009/306/EC — including an amendment of the agreement), 2014 (Decision 2014/240/EU) and 2018 (Decision (EU) 2018/1578). KEY POINTS Activities conducted under the agreement are based on the following principles: mutual benefit; reciprocal opportunities to engage in cooperative activities; equitable and fair treatment; timely exchange of information. Cooperation Areas of cooperative activities are: environment (including climate research); biomedicine and health (including AIDS, infectious diseases and drug abuse); agriculture; fisheries science; engineering research; non-nuclear energy; natural resources; materials sciences (including nanotechnology) and metrology; information and communication technologies; telematics; biotechnology; marine sciences and technologies; social sciences research; transportation; security research; space research; science and technology policy, management, training and mobility of scientists. Activities Cooperative activities may include: coordinated research projects and joint research projects; joint task forces; joint studies; joint organisation of scientific seminars, conferences, symposia and workshops; training of scientists and technical experts; exchange or sharing of equipment and materials; visits and exchanges of scientists, engineers or other appropriate personnel; exchange of scientific and technological information as well as information on practices, laws, regulations and programmes relevant to cooperation under this Agreement. DATE OF ENTRY INTO FORCE The agreement entered into force on 14 October 1998 for an initial period of 5 years and can be extended with possible amendments for additional periods of 5 years. The agreement has been extended 4 times, last time in 2018, for an additional period of 5 years each time. The second extension included an amendment — adding research on security and space to the list of sectors for cooperative activities. BACKGROUND For more information, see: The United States and the EU (European External Action Service) For more information about Research & Innovation (R&I) cooperation with the US, see: International R&I cooperation — USA (European Commission) Roadmap for EU-USA S&T cooperation (European Commission). MAIN DOCUMENTS Council Decision (EU) 2018/1578 of 18 September 2018 concerning the extension of the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America (OJ L 263, 22.10.2018, pp. 1-2) Council Decision 2014/240/EU of 14 April 2014 concerning the extension of the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America (OJ L 128, 30.4.2014, pp. 43-44) Council Decision 2009/306/EC of 30 March 2009 concerning the extension and amendment of the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America (OJ L 90, 2.4.2009, pp. 20-21) Council Decision 98/591/EC of 13 October 1998 concerning the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America (OJ L 284, 22.10.1998, pp. 35-36) Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America (OJ L 284, 22.10.1998, pp. 37-44) RELATED DOCUMENTS Implementing Arrangement between the European Commission and the Government of the United States of America for cooperation between researchers funded separately by the European Union’s and the United States Framework Programmes on research and innovation, 17 October 2016. last update 20.05.2020


11.3.1998 EN Official Journal of the European Communities L 72/18 COOPERATION AGREEMENT between the European Community and the Republic of Yemen THE COUNCIL OF THE EUROPEAN UNION, of the one part, and THE GOVERNMENT OF THE REPUBLIC OF YEMEN, of the other part, hereinafter referred to as ‘the Parties’, RECOGNISING the excellent relations and links of friendship and cooperation between the Community and the Republic of Yemen; REAFFIRMING the importance of further strengthening the links between the Community and the Republic of Yemen; EMPHASISING the importance the Parties attach to the principles of the United Nations Charter, to the Universal Declaration of Human Rights, to the 1993 Vienna Declaration and the Plan of Action of the World Conference on Human Rights, to the 1995 Copenhagen Declaration on Social Development and the associated plan of action, and to the 1995 Beijing Declaration and the plan of action of the Fourth World Conference on Women, and to a continuing dialogue thereon; CONSIDERING the desirability of amplifying the framework of relations between the European Community and the Middle East, and of regional cooperation between the Middle East countries, and recognising that cooperation with the Republic of Yemen forms an integral part of the European Community's policy in favour of strengthening Euro-Arab relations in both the Mediterranean and the Middle East; REAFFIRMING the Parties' common will to consolidate, deepen and diversify their relations in areas of mutual interest on a footing of equality, non-discrimination, mutual benefit and reciprocity; CONSIDERING the desire of the Parties, within the bounds of their respective competence, to create favourable conditions for the development of trade and investment between the Community and the Republic of Yemen, and the need to uphold the principles adopted by the WTO whose purpose is to promote trade liberalisation in a stable, transparent and non-discriminatory manner which takes account of the Parties' economic differences; RECOGNISING the need to support the economic and social development of the Republic of Yemen, and particularly the Yemeni Government's efforts to improve the living conditions of the poor and disadvantaged sections of the population, with a special emphasis on the status of women; UNDERLINING the importance attached by the Parties to the promotion of a balanced demographic growth, to the eradication of poverty, to the protection of the environment on a global as well as at national and local levels, to recognition of the links between population, economic development and the natural environment; THE COUNCIL OF THE EUROPEAN UNION, Jacques F. POOS, Deputy Prime Minister and Minister for Foreign Affairs, Foreign Trade and Cooperation of Luxembourg, President-in-Office of the Council of the European Union, Manuel MARÍN, Vice-President of the Commission of the European Communities THE GOVERNMENT OF THE REPUBLIC OF YEMEN, Dr. Abdulkarim AL-ERYANI, Deputy Prime Minister, Minister of Foreign Affairs HAVE AGREED AS FOLLOWS: Article 1 Basis Relations between the Parties, as well as all the provisions of the Agreement itself, shall be based on respect of democratic principles and fundamental human rights as set out in the Universal Declaration on Human Rights, which guides their domestic and international policies and constitute an essential element of this Agreement. Article 2 Objectives The principal objective of the Agreement is to enhance and develop, under a concept of dialogue, the various aspects of cooperation between the Parties in the areas which fall within the bounds of their respective competence including development, trade, economic and cultural cooperation, environmental protection and sustainable management of natural resources, and human resources development. Consequently, the Parties will have the following aims: (a) to promote and intensify trade between the Parties, and to encourage the steady expansion of sustainable economic cooperation, in accordance with the principles of equality and mutual advantage; (b) to strengthen cooperation in fields closely related to economic progress and benefiting both Parties; (c) to contribute to Yemen's efforts to improve the quality of life and standards of living of the most disadvantaged and poorest groups of the population, together with measures using rural development to combat poverty in the countryside and assistance with developing human resources in a number of sectors of the economy; (d) to take the requisite measures to protect the world, regional and national environments and manage natural resources sustainably, taking account of the link between the environment and development; (e) to extend their cooperation to the field of culture, communication and information to improve mutual understanding and strengthen existing links between them. Article 3 Trade cooperation (a) Within the limits of its respective competence, the Community will conduct trade in accordance with the Agreement establishing the WTO and the Republic of Yemen will for its part seek to conduct trade accordingly. (b) In conformity with the provisions of the General Agreement on Tariffs and Trade (GATT 1994) and in regard to imported or exported goods, both sides will grant each other most favoured nation treatment. These provisions shall not apply to preferences accorded by either Party under any arrangement establishing a customs union, a free trade area or a preferential treatment area. (c) The objective of cooperation in this field will be to develop and diversify two-way EC-Yemen trade and to improve market access in line with the Parties' respective economic situations. (d) In particular, it will include provisions on the following matters: — the Parties undertake to develop and diversify their reciprocal commercial exchanges and to improve market access, in a manner compatible with their respective economic situations and level of development, — the Parties are committed to improving the terms of access for their products to each other's markets. In this context, they shall grant each other the most favourable conditions for imports and exports and they agree to examine ways and means of eliminating barriers to trade between them, notably non-tariff barriers, taking account of the work already done in this connection by international forums, — the Parties agree to promote the exchange of information concerning mutually beneficial market opportunities, — within the limits of their respective competence, the Parties agree to improve the cooperation in customs matters between the respective authorities, especially with regard to the possibility of professional training, the simplification and harmonisation of customs procedures, and assistance to combat customs fraud, — the Parties also undertake to give consideration, each in accordance with its laws, to exempting from duty, tax and other charges, goods admitted temporarily to their territories for subsequent re-export unaltered or for goods which re-enter their territories after processing in the other Party and where such processing is not considered sufficient for the goods to be treated as originating from the territory of that Party, — within the limits of their respective competence, the Parties agree to consult each other in connection with trade or trade dispute related matters, including property rights and public procurement, on any dispute which may arise. They will also hold consultations in a constructive spirit on the issues of tariff, non-tariff, services, health, safety or environmental measures and technical requirements, — insofar as their competences, regulations and policies permit, the Parties will aim to improve exchanges of information relating to public procurement, — the Government of Yemen shall take all necessary measures in order to improve the conditions for adequate and effective protection and enforcement of intellectual, industrial and commercial property rights, — to this end the Government of Yemen shall, in particular, accede as soon as practicable to the relevant international conventions on intellectual industrial and commercial property to which it is not a party, including but not limited to the Paris Convention for the protection of industrial property, the Bern Convention for the protection of literary and artistic works and the Agreement on trade related aspects on intellectual property rights (TRIPS), — the European Community, within the limits of its competences, and the Republic of Yemen, with regard to international maritime services, shall seek to ensure effective application of the principles of unrestricted access to cargoes on a commercial and non-discriminatory basis, — in order to enable the Republic of Yemen to fulfil the abovementioned undertakings and obligations, technical assistance shall be envisaged. Article 4 Development cooperation The Community recognises Yemen's need for development assistance and acknowledges that without a continuing rapid and sustainable reduction of poverty and population growth in the Republic of Yemen, the risk of constraints and conflicts which could undermine the country's economic progress as well as the economic and social development of the population (particularly the weaker sections) will increase. The Community also recognises that there is potential for its contribution to the development efforts of the Republic of Yemen to increase both in terms of size and impact, more particularly, in the strategic fields of poverty alleviation through primary education, training and improvement of working conditions, water, rural development and health, especially in the form of primary health care including planned parenthood promotion and population activities. Activities undertaken in these areas should where appropriate, promote equal opportunities and positively focus on girls and women In this regard the Commission is anxious to develop cooperative links with local NGOs. In light of the above and in accordance with Council Regulation (EEC) No 443/92 of 25 February 1992 on financial and technical assistance to, and economic cooperation with, the developing countries in Asia and Latin America, cooperation will continue to be developed within the context of a clear cooperation strategy and dialogue aimed at defining mutually agreed priorities, and pursuing effectiveness and sustainability. The Parties will, within the limits of their available financial means and within the framework of their respective procedures and instruments, make available funds to facilitate the achievement of the aims set out in the agreement. Within its financial planning of cooperation activities, the Community will take into account the need to ensure an appropriate balance in the geographical distribution of its commitments. The Parties will ensure that actions undertaken within the framework of development cooperation are consistent with development strategies agreed in concertation with the Bretton Woods institutions. Article 5 Economic cooperation Both Parties will undertake, in accordance with their respective policies and objectives and within their available resources, to foster economic cooperation for mutual benefit and will determine together and to their mutual advantage, within the limits of their respective competences, the areas and priorities for economic cooperation programmes and activities within the context of a clear cooperation strategy. In addition, in order further to strengthen economic relations between the Community and the Republic of Yemen, a regular economic dialogue will be set up between the two parties, covering all areas of macro-economic policy and including, within the limits of their respective competence, budgetary policy, balance of payments and monetary policy. The aim of this dialogue is to bring about closer cooperation between the authorities responsible for carrying out economic policies in their areas of competence. Cooperation in these areas will involve the following broad fields of action: (a) develop a creative competitive and sustainable economic environment in the Republic of Yemen by facilitating access to Community know-how and technology, inter alia, in the fields of standards, quality control and telecommunications; (b) facilitate business to business contacts, exchange of information and other measures designed to promote and protect commercial exchanges including the promotion of Yemeni exports; (c) create an environment propitious for the development of Yemeni SMEs and facilitate exchange of information on enterprise and SME policy, particularly in respect of improving the business environment and encouraging closer contacts not only between SMEs, with a view to promoting trade and industrial cooperation opportunities, but also between the relevant Community authorities and those Yemeni authorities responsible for the implementation of macroeconomic adjustment; (d) conduct a dialogue on economic cooperation between the Republic of Yemen and the Community including the exchange of information on the macro-economic situation and prospects and on development strategies; (e) reinforce mutual understanding of their respective economic environments and business culture as a basis for effective cooperation; (f) improve, within the limits of their respective competences, cooperation in standards and regulatory issues between the respective authorities, especially with respect to professional training, the simplification and harmonization of standards; (g) strengthen management training in the Republic of Yemen with a view to develop business operators who are able to interact effectively with the European business environment; (h) promote dialogue between the Republic of Yemen and the Community in the field of energy policy, transfer of technology and technology cooperation; (i) support Yemen's efforts to modernise and restructure industry through encouraging the diversification of industrial output and improving the relevant legal and administrative framework; (j) promote the involvement of the private sector in cooperation programmes in order to strengthen economic and industrial cooperation between the Parties. To this effect, the Parties shall take measures to — encourage the private sector of both Parties to develop business cooperation, and — involve the private sectors in activities developed within the framework of the agreement; (k) within the limits of their respective competence, further cooperation as regards financial services through exchanging information on financial regulations and practices and training schemes and fostering reform of the banking and financial systems and liberalisation of financial services; (l) provide for cooperation on transport facilities and management including civil aviation and ports management, and further the use of Community standards in this sector; (m) recognise the importance of cooperation concerning the information society and information and communications technologies that help speed up economic development and trade. Provide for a dialogue and possibly assistance concerning the regulation and standardisation of telecommunications and the development of projects, particularly concerning the application of telematics in priority areas (education, health, environment, transport, electronic trade). Within the limits of their respective competences, the Parties will undertake to encourage an increase in mutually beneficial investment by establishing a more favourable climate for private investments through better conditions for the transfer of capital and by supporting, where appropriate, the conclusion of conventions on the promotion and protection of investments between the Member States of the Community and the Republic of Yemen on the basis of the principles of non-discrimination and reciprocity. Article 6 Agriculture and fisheries The Parties undertake, in a spirit of understanding, to cooperate for the modernisation and restructuring of agriculture and fisheries. This cooperation will be geared more especially to: — assisting the Republic of Yemen in developing and implementing a national food security strategy, — the development of stable markets, — integrated rural development including the improvement of basic services and the development of associated economic activities, — the development and improvement of private distribution channels, packaging and storage techniques, and marketing, — support for privatisation and private sector development; — the conservation and rational management of fish stocks, — promotion of the diversification of production and reduction of food dependency, — the promotion of environmentally friendly agriculture and fisheries, — the modernisation of infrastructure in rural areas and rural development, — the promotion of cooperation in the sectors of health, veterinary and animal plant matters, aiming at dismantling trade barriers, in accordance with the legislation of the Parties to the agreement, — technical assistance and training. Cooperation could take the form of transfers of know-how, promotion of agricultural research, the establishment of joint ventures, and training schemes. Article 7 Environment cooperation The Parties recognise that there is a close link between poverty and environmental degradation. Thus, the principal aim of environmental cooperation between the Parties — within the limits of their respective competences — will be to enhance the prospects for achieving sustainable economic growth and social development, placing a high priority on the protection of the natural environment including marine environment and the reduction of environmental degradation, in particular desertification. Cooperation will be achieved in the following ways: — establishment of administrative, regulatory and information structures to permit rational management of the environment, — cooperation in the development of sustainable and non-polluting energy sources, as well as solutions to urban and industrial pollution problems, — encouraging regional cooperation and coordination, — exchanges of information and of expertise, particularly in the context of the transfer of appropriate environmental technology, — training and advisory schemes and the development of networks. Article 8 Tourism Within the limits of the Parties' respective competence, priorities for cooperation in this sphere will be: — intensifying training schemes in hotel management and administration and training for other related occupations, — attracting local and foreign investment to the tourism sector, — tourism marketing and business cooperation, — exchange of best practice for ensuring a sustainable development of tourism. Article 9 Regional cooperation Economic and other cooperation between the Parties may extend to activities under cooperation or integration agreements with other countries of the same region, provided the said activities are compatible with those agreements. Both parties will encourage operations and give technical support to activities designed to develop cooperation between the Republic of Yemen and its neighbours. In this context a coordination with the Community's decentralised cooperation programmes with the Mediterranean and GCC countries should be envisaged. Article 10 Science and technology The Parties will endeavour to promote cooperation on scientific and technological development. Cooperation will take the form of: — exchanges of scientific and technological information, — exchanges between scientists and development of inter-institutional relationships in this field, — training activities, — improvement of Yemeni research capabilities, — access to regional scientific and technological cooperation networks. The parties will determine the areas of mutual interest together. In general priority will be given to schemes to create synergy having a regional impact, such as environment, management of soil, water and health. Article 11 Cooperation against drug abuse and control of chemical precursors and money laundering In conformity with their respective competences and the pertinent legal provisions, the Parties will agree: — to consider special measures against the illicit cultivation, production and trade in drugs, narcotics and psychotropic substances as well as prevention and reduction of drug abuse, — to cooperate in order to prevent the diversion of drug precursor chemicals, — to make every effort in order to prevent money laundering. Cooperation in the field of money-laundering between the Parties within the limits of their respective competences will aim at establishing suitable standards against money laundering equivalent to those adopted by the Community and international forums in this field, in particular the Financial Action Task Force (FATF). Article 12 Social cooperation The Parties acknowledge the importance of social development which should go hand in hand with any economic development. They will give particular priority to respect for basic social rights. Within the limits of their respective competence, cooperation may cover any area of interest to the parties. Taking into account their respective fields of competence and pertinent legal provisions, the Parties will give priority to measures aimed at: — the promotion of de facto equality of women in economic and social development and the balanced involvement of women and men in related decision making processes — in particular through education and the media, — improving the working conditions and social protection of mothers and children, — the improvement of the social protection system, — the improvement of the response to health requirements. Article 13 Human resources development The Parties agree that human resources development constitutes an integral part of both economic and social development. They will undertake to determine how to improve the situation of education and vocational training. To this end, access of women to education, including technical courses, higher education and vocational training, will receive special attention. In order to develop the level of expertise of senior staff in the public and private sectors, the Parties will step up their cooperation on education and vocational training and encourage cooperation between universities and firms. Article 14 Information, culture and communications The Parties, within their respective areas of competence, and in the light of their policies and mutual interests, will establish cooperation in the fields of information, culture, cultural heritage and communications, both to create a better mutual understanding and to strengthen cultural ties between them, including, inter alia, through studies and technical assistance for the preservation of cultural heritage. Within the sphere of their respective competences, such cooperation may include: — programmes of mutual information including the press and audiovisual media, — conservation and restoration of monuments and buildings of architectural interest, — education and training, — cultural events. Article 15 Institutional aspects A Joint Cooperation Committee will be established at official level to oversee the overall implementation of this agreement. It will meet alternatively in the Community and the Republic of Yemen, normally at annual intervals. Its role will be to: (a) ensure the proper functioning of the Agreement; (b) set the priorities in relation to the aims of tha Agreement; (c) make suitable recommendations for promoting the objectives of the Agreement. Both parties emphasise their desire to see regular contacts established between the European and the Yemeni Parliaments. Article 16 Evolutive clause The Parties may, by mutual consent and within their respective areas of competence, extend this Agreement to expand cooperation, enhance its level and add to it by means of future agreements on specific sectors or activities. Within the framework of this Agreement, either Party may put forward suggestions for expanding the scope of the cooperation, taking into account the experience gained in its application. Article 17 Other agreements Without prejudice to the relevant provisions of the Treaties establishing the European Communities, neither this Agreement nor any action taken thereunder shall in any way affect the powers of the Member States of the European Union to undertake bilateral activities with the Republic of Yemen in the framework of economic cooperation or to conclude, where appropriate, new economic cooperation agreements with the Republic of Yemen. Subject to the provisions of the above paragraph, the provisions of this agreement shall replace provisions of agreements concluded between Member States of the European Union and the Republic of Yemen where such provisions are either incompatible with or identical to the provisions of this Agreement. Article 18 Non-execution of the Agreement If either Party considers that the other Party has failed to fulfil any of its obligations under this Agreement, it may take appropriate measures. Before so doing, except in cases of special urgency, it shall supply the other Party with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties. In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement. Such measures shall be notified immediately to the other Party and consultation shall be held on them if the other Party so requests. Article 19 Appropriate conditions for EC experts under EC-funded cooperation activities in the Republic of Yemen To facilitate cooperation within the framework of the Agreement, the Yemeni government will grant to EC officials and experts involved in implementing cooperation the guarantees, facilities and legal privileges usual according to international standards which are necessary for the performance of their functions. Supplies and goods imported to the Republic of Yemen in the framework of the implementation of cooperation activities should also be exempted from any kind of taxation, levies or other charges. Article 20 Territorial application This Agreement shall apply, on the one hand, to the territories to which the Treaty establishing the European Community applies and under the conditions laid down in the Treaty and, on the other, to the territory of the Republic of Yemen. Article 21 Entry into force This Agreement shall enter into force on the first day of the month following the date on which the parties notify each other of the completion of the procedures necessary for this purpose. This Agreement is concluded for an unlimited period unless one of the Parties denounces it. Article 22 Authentic texts This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Arabic languages, each text being equally authentic. Article 23 Annexes The Annexes to this Agreement shall form an integral part thereof. Done at Brussels on the twenty-fifth day of November in the year one thousand nine hundred and ninety-seven. The Council of the European Union The Republic of Yemen ANNEX I Declaration on Article 18 — Non-execution of the Agreement (a) The Parties agree, for the purposes of the interpretation and practical application of this Agreement, that the term ‘cases of special urgency’ in Article 18 of the Agreement means a case of the material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in: — repudiation of the Agreement not sanctioned by the general rules of international law, — violation of essential elements of the Agreement set out in Article 1. (b) The Parties agree that the ‘appropriate measures’ referred to in Article 18 are measures taken in accordance with international law. If a Party takes a measure in a case of special urgency as provided for under Article 18 the other Party may avail itself of the procedure relating to settlement of disputes. ANNEX II Joint Declaration on intellectual, industrial and commercial property The Parties agree for the purposes of this Agreement that ‘intellectual, industrial and commercial property’ includes in particular protection of copyright and related rights, patents, industrial designs, trademarks and service marks, software, topographies of integrated circuits, geographical indications, as well as protection against unfair competition and the protection of undisclosed information of know-how. FINAL ACT The plenipotentiaries of: the EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’, of the one part, and the plenipotentiary of THE REPUBLIC OF YEMEN, hereinafter referred to as ‘Yemen’, of the other part, meeting in Brussels on 25 November 1997 for the signature of the Cooperation Agreement between the European Community and the Republic of Yemen have adopted the following texts: the Agreement and the following Annexes: Annex I — Declaration on Article 18 — Non-execution of the Agreement Annex II — Joint Declaration on intellectual, industrial and commercial property The plenipotentiaries of the Community and the plenipotentiary of Yemen have adopted the text of the Joint Declaration listed below and annexed to this Final Act: Joint Declaration on the re-admission of citizens Done at Brussels on the twenty-fifth day of November in the year one thousand nine hundred and ninety-seven. For the European Community For the Republic of Yemen Joint Declaration on the re-admission of citizens The European Community recalls the importance which its Member States attach to the establishment of an effective cooperation with third countries with the objective of facilitating the re-admission of citizens of these latter countries who find themselves in an irregular situation in the territory of a Member State. The Republic of Yemen accepts the engagement to finalise re-admission agreements with those Member States of the European Union which request it.

Summary: Cooperation Agreement between the European Community and the Republic of Yemen Cooperation Agreement between the European Community and the Republic of Yemen SUMMARY OF: Cooperation Agreement — European Community and the Republic of Yemen Decision 98/189/EC — Cooperation Agreement between the European Community and the Republic of Yemen WHAT IS THE AIM OF THE AGREEMENT AND OF THE DECISION? The agreement seeks to enhance and develop dialogue and cooperation between the European Community (now the European Union) and the Republic of Yemen on: development;trade;economic and cultural cooperation;environmental protection;sustainable management of natural resources; andhuman resources development. The decision concludes the agreement between the EU and the Republic of Yemen. KEY POINTS The agreement is based on respect of democratic principles and fundamental human rights and its objectives in the above fields are to: promote and intensify trade and develop sustainable economic cooperation; strengthen cooperation in fields related to economic progress; contribute to Yemen’s efforts to improve the quality of life and standards of living of the most disadvantaged groups of the population; take the requisite measures to protect the environment and ensure sustainable management of natural resources; extend cooperation to the field of culture, communication and information to improve mutual understanding. Fields of cooperation Trade cooperation In the field of trade cooperation, the parties agree to bring their trade policies into line with the rules of the World Trade Organisation; grant each other most-favoured-nation* treatment except in relation to preferences accorded under a customs union, free-trade area or a preferential-treatment area; develop and diversify bilateral trade; improve the terms of access for products and eliminate barriers to trade; provide technical assistance, share information and improve cooperation in the customs field; consider temporary exemptions from duty, tax and other charges; and consult each other on any trade-related dispute. Yemen agrees to protect intellectual, industrial and commercial property rights and ensure effective application of the principle of unrestricted access to cargoes on a commercial and on a non-discriminatory basis for international maritime services. Development cooperation In the field of development cooperation, the EU recognises that it could make a greater contribution in terms of size and impact and therefore undertakes to help Yemen reduce poverty by developing: primary education and training; better working conditions; water supply; rural development; and better health care. Cooperation must be guided by a clear cooperation strategy taking account of the geographical distribution of commitments and accompanied by a dialogue to define mutually agreed priorities and pursue effectiveness and sustainability. Economic cooperation To demonstrate commitment to economic cooperation, a regular economic dialogue will cover all areas of macroeconomic policy, including budgetary policy, the balance of payments and monetary policy. Its aim will be to establish closer cooperation between the relevant authorities in order to: develop a competitive economic environment facilitating the development of small and medium-sized businesses; facilitate contacts and exchanges of information, conduct economic dialogue and improve mutual understanding; improve cooperation on standards and regulations; strengthen management training; promote dialogue on energy policy, technology transfer and technological cooperation; support Yemen’s efforts to modernise and restructure its industry; promote the involvement of the private sector in cooperation programmes; promote cooperation on financial services; encourage cooperation on transport and transport management; establish dialogue and, where possible, provide assistance for regulation and standardisation of telecommunications and the development of projects, particularly concerning telematics applications in education, health, the environment, transport and e-commerce; promote investment by creating a more favourable climate for investors. Economic and other forms of cooperation may be extended to activities under cooperation or integration agreements with other countries in the same region to contribute to regional cooperation. Coordination with the EU’s decentralised cooperation programmes with the Mediterranean and the Gulf Cooperation Council countries is planned to this end. Agriculture and fisheries On agriculture and fisheries, the aim is to modernise and restructure the sector with a view to the implementation of: a national food security strategy, the development of stable markets, integrated rural development, the development of the private sector, diversification of production, reduction of food dependency, and cooperation in the fields of health, veterinary and plant-health matters, technical assistance and training. Environment The parties recognise that there is a close link between poverty and environmental damage and therefore agree to give top priority to environmental protection. This will involve: setting up administrative, regulatory and information structures for rational management of the environment; developing sustainable and non-polluting energy sources; encouraging regional cooperation and coordination; and sharing of information and know-how. Other fields Cooperation in the fields of tourism, science and technology aims to promote cooperation, exchanges of information and development. Further objectives include: combating drug abuse, including illicit production of and trade in drugs, narcotics and psychotropic substances;combating money laundering; andcontrolling chemical precursors. In the social field, priority will be given to: respect for basic social rights, focusing on measures to promote the effective equality of women and their fair involvement in the decision-making process;improving working conditions and social protection of mothers and children; andimproving the social protection system and health cover. Human resources development will also be covered as an integral part of economic and social development. Efforts will be made to promote: access for women to education;skills development through closer cooperation on education and training; andcooperation between universities and businesses. Action will also be taken on information, culture and communications to improve mutual understanding and strengthen cultural ties. This will focus on reciprocal information programmes, conservation and restoration of monuments, education and training and cultural events. Institutional aspects A Joint Cooperation Committee has been set up to oversee the overall implementation of the agreement. It will ensure the proper functioning of the agreement, set its priorities and make recommendations. Regular contacts between the European and Yemeni parliaments are desired by both parties. The agreement may be extended and replace incompatible or identical provisions. It does not affect the powers of EU countries to undertake bilateral activities. Its non-execution may mean measures will be taken against the other party but this can be obviated by attempts to find a solution that least disrupts the functioning of the agreement. The officials and experts involved in implementing this agreement will enjoy guarantees, facilities and legal privileges in accordance with international standards. DATE OF ENTRY INTO FORCE The agreement entered into force on 1 July 1998. BACKGROUND In February 2019, the Council adopted conclusions on Yemen reaffirming its commitment to the unity, sovereignty, independence and territorial integrity of Yemen in the face of the conflict it has been experiencing for over 6 years. It also welcomed the unanimous adoption of UNSCR 2451 and 2452 underpinning the Stockholm Agreement and establishing the United Nations mission to support the Hudaydah Agreement (UNMHA). For more information, see: Yemen and the EU (European External Action Service) EU-Yemen relations (European External Action Service) Relations between Yemen and the EU (European External Action Service). KEY TERMS Most favoured nation: an MFN clause requires a country to provide any concessions, privileges, or immunities granted to one nation in a trade agreement to all other World Trade Organization member countries. MAIN DOCUMENTS Cooperation Agreement between the European Community and the Republic of Yemen (OJ L 72, 11.3.1998, pp. 18-29) Council Decision 98/189/EC of 23 February 1998 concerning the conclusion of the Cooperation Agreement between the European Community and the Republic of Yemen (OJ L 72, 11.3.1998, p. 17) RELATED DOCUMENTS Council conclusions on Yemen, 18 February 2019 Council conclusions on Yemen, 25 June 2018 Council adopts conclusions on Yemen — press release, 3.4.2017 Information on the entry into force of the Cooperation Agreement between the European Community and the Republic of Yemen (OJ L 178, 23.6.1998, p. 38) last update 27.04.2020


EUR-Lex - 22000A0411(02) - EN Avis juridique important | 22000A0411(02) WIPO Performances and Phonograms Treaty (WPPT) - Joint Declarations Official Journal L 089 , 11/04/2000 P. 0015 - 0023 WIPO Performances and Phonograms Treaty(WPPT)Geneva (1996)Table of contents>TABLE>PREAMBLETHE CONTRACTING PARTIES,DESIRING to develop and maintain the protection of the rights of performers and producers of phonograms in a manner as effective and uniform as possible,RECOGNISING the need to introduce new international rules in order to provide adequate solutions to the questions raised by economic, social, cultural and technological developments,RECOGNISING the profound impact of the development and convergence of information and communication technologies on the production and use of performances and phonograms,RECOGNISING the need to maintain a balance between the rights of performers and producers of phonograms and the larger public interest, particularly education, research and access to information,HAVE AGREED AS FOLLOWS:CHAPTER IGENERAL PROVISIONSArticle 1Relation to other conventions1. Nothing in this Treaty shall derogate from existing obligations that Contracting Parties have to each other under the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations done in Rome, October 26, 1961 (hereinafter the "Rome Convention").2. Protection granted under this Treaty shall leave intact and shall in no way affect the protection of copyright in literary and artistic works. Consequently, no provisions of this Treaty may be interpreted as prejudicing such protection.3. This Treaty shall not have any connection with, nor shall it prejudice any rights and obligations under, any other treaties.Article 2DefinitionsFor the purposes of this Treaty:(a) "performers" are actors, singers, musicians, dancers, and other persons who act, deliver, declaim, play in, interpret, or otherwise perform literary or artistic works or expressions of folklore;(b) "phonogram" means the fixation of the sounds of a performance or of other sounds, or of representation of sounds, other than in the form of a fixation incorporated in a cinematographic or other audiovisual work;(c) "fixation" means the embodiment of sounds, or of the representations thereof, from which they can be perceived, reproduced or communicated through a device;(d) "producer of a phonogram" means the person, or the legal entity, who or which takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the representations of sounds;(e) "publication" of a fixed performance or a phonogram means the offering of copies of the fixed performance or the phonogram to the public, with the consent of the rightholder, and provided that copies are offered to the public in reasonable quantity;(f) "broadcasting" means the transmission by wireless means for public reception of sounds or of images and sounds or of the representations thereof; such transmission by satellite is also "broadcasting"; transmission of encrypted signals is "broadcasting" where the means for decrypting are provided to the public by the broadcasting organisation or with its consent;(g) "communication to the public" of a performance or a phonogram means the transmission to the public by any medium, otherwise than by broadcasting, of sounds of a performance or the sounds or the representations of sounds fixed in a phonogram. For the purposes of Article 15, "communication to the public" includes making the sounds or representations of sounds fixed in a phonogram audible to the public.Article 3Beneficiaries of protection under this Treaty1. Contracting Parties shall accord the protection provided under this treaty to the performers and producers of phonograms who are nationals of other Contracting Parties.2. The nationals of other Contracting Parties shall be understood to be those performers or producers of phonograms who would meet the criteria for eligibility for protection provided under the Rome Convention, were all the Contracting Parties to this Treaty Contracting States of that Convention. In respect of these criteria of eligibility, Contracting Parties shall apply the relevant definitions in Article 2 of this Treaty.3. Any Contracting Party availing itself of the possibilities provided in Article 5(3) of the Rome Convention or, for the purposes of Article 5 of the same Convention, Article 17 thereof shall make a notification as foreseen in those provisions to the Directory-General of the World Intellectual Property Organisation (WIPO).Article 4National treatment1. Each Contracting Party shall accord to nationals of other Contracting Parties, as defined in Article 3(2), the treatment it accords to its own nationals with regard to the exclusive rights specifically granted in this Treaty, and to the right to equitable remuneration provided for in Article 15 of this Treaty.2. The obligation provided for in paragraph 1 does not apply to the extent that another Contracting Party makes use of the reservations permitted by Article 15(3) of this Treaty.CHAPTER IIRIGHTS OF PERFORMERSArticle 5Moral rights of performers1. Independently of a performer's economic rights, and even after the transfer of those rights, the performer shall, as regards his live aural performances or performances fixed in phonograms, have the right to claim to be identified as the performer of this performances, except where omission is dictated by the manner of the use of the performance, and to object to any distortion, mutilation or other modification of this performances that would be prejudicial to his reputation.2. The rights granted to a performer in accordance with paragraph 1 shall, after his death, be maintained, at least until the expiry of the economic rights, and shall be exercisable by the persons or institutions authorised by the legislation of the Contracting Party where protection is claimed. However, those Contracting Parties whose legislation, at the moment of their ratification of or accession to this Treaty, does not provide for protection after the death of the performer of all rights set out in the preceding paragraph may provide that some of these rights will, after his death, cease to be maintained.3. The means of redress for safeguarding the rights granted under this Article shall be governed by the legislation of the Contracting Party where protection is claimed.Article 6Economic rights of performers in their unfixed performancesPerformers shall enjoy the exclusive right of authorising, as regards their performances:(i) the broadcasting and communication to the public of their unfixed performances except where the performance is already a broadcast performance; and(ii) the fixation of their unfixed performances.Article 7Right of reproductionPerformers shall enjoy the exclusive right of authorising the direct or indirect reproduction of their performance fixed in phonograms, in any manner or form.Article 8Right of distribution1. Performers shall enjoy the exclusive right of authorising the making available to the public of the original and copies of their performances fixed in phonograms through sale or other transfer of ownership.2. Nothing in this Treaty shall affect the freedom of Contracting Parties to determine the conditions, if any, under which the exhaustion of the right in paragraph 1 applies after the first sale or other transfer of ownership of the original or a copy of the performance with the authorisation of the performer.Article 9Right of rental1. Performers shall enjoy the exclusive of authorising the commercial rental to the public of the original and copies of their performances fixed in phonograms as determined in the national law of Contracting Parties, even after distribution of them by, or pursuant to, authorisation by the performer.2. Notwithstanding the provisions of paragraph 1, a Contracting Party that, on April 15, 1994, had and continues to have in force a system of equitable remuneration of performers for the rental of copies of their performances fixed in phonograms, may maintain that system provided that the commercial rental of phonograms is not giving rise to the material impairment of the exclusive right of reproduction of performers.Article 10Right of making available of fixed performancesPerformers shall enjoy the exclusive right of authorising the making available to the public of their performances fixed in phonograms, by wire or wireless means, in such a way that members of the public may access them from a place at a time individually chosen by them.CHAPTER IIIRIGHTS OF PRODUCERS OF PHONOGRAMSArticle 11Right of reproductionProducers of phonograms shall enjoy the exclusive right of authorising the direct of indirect reproduction of their phonograms, in any manner or form.Article 12Right of distribution1. Producers of phonograms shall enjoy the exclusive right of authorising the making available to the public of the original and copies of their phonograms through sale or other transfer of ownership.2. Nothing in this Treaty shall affect the freedom of Contracting Parties to determine the conditions, if any, under which the exhaustion of the right in paragraph 1 applies after the first sale or other transfer of ownership fo the original or a copy of the phonogram with the authorising of the producer of the phonogram.Article 13Right of rental1. Producers of phonograms shall enjoy the exclusive right of authorising the commercial rental to the public of the original and copies of their phonograms, even after distribution of them by, or pursuant to, authorisation by the producer.2. Notwithstanding the provisions of paragraph 1, a Contracting Party that, on April 15, 1994, had and continues to have in force a system of equitable remuneration of producers of phonograms for the rental of copies of their phonograms, may maintain that system provided that the commercial rental of phonograms is not giving rise to the material impaiment of the exclusive right of reproduction of producers of phonograms.Article 14Right of making available of phonogramsProducers of phonograms shall enjoy the exclusive right of authorising the making available to the public of their phonograms, by wire or wireless means, in such a way that members of the public may access them from a place and at a time indivisually chosen by them.CHAPTER IVCOMMON PROVISIONSArticle 15Right to remuneration for broadcasting and communication to the public1. Performers and producers of phonograms shall enjoy the right to a single equitable remuneration for the direct or indirect use of phonograms published for commercial purposes for broadcasting or for any communication to the public.2. Contracting Parties may establish in their national legislation that the single equitable remuneration shall be claimed from the user by the performer or by the producer of a phonogram or by both. Contracting Parties may enact national legislation that, in the absence of an agreement between the performer and the producer of a phonogram, sets the terms according to which performers and producers of phonograms shall share the single equitable remuneration.3. Any Contracting Party may, in a notification deposited with the Director-General of WIPO, declare that will apply the provisions of paragraph 1 only in respect of certain uses, or that it will limit their application in some other way, or that it will not apply these provisions at all.4. For the purposes of this Article, phonograms made available to the public by wire or wireless means in such a way that members of the public may access them from a place and at a time individually chosen by them shall be considered as if they had been published for commercial purposes.Article 16Limitations and exceptions1. Contracting Parties may, in their national legislation, provide for the same kinds of limitations or exceptions with regard to the protection of performers and producers of phonograms as they provide for, in their national legislation, in connection with the protection of copyright in literary and artistic works.2. Contracting Parties shall confine any limitations of or exceptions to rights provided for in this Treaty to certain special cases which do not conflict with a normal exploitation of the performance or phonogram and do not unreasonably prejudice the legitimate interests of the performer or of the producer of the phonogram.Article 17Term of protection1. The term of protection to be granted to performers under this Treaty shall last, at least, until the end of a period of 50 years computed from the end of the year in which the performance was fixed in a phonogram.2. The term of protection to be granted to producers of phonograms under this Treaty shall last, at least, until the end of a period of 50 years computed from the end of the year in which the phonogram was published, or failing such publication within 50 years from fixation of the phonogram, 50 years from the end of the year in which the fixation was made.Article 18Obligations concerning technological measuresContracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by performers of producers of phonograms in connection with the exercise of their rights under this Treaty and that restrict acts, in respect of their performances or phonograms, which are not authorised by the performers or the producers of phonogram concerned or permitted by law.Article 19Obligations concerning rights management information1. Contracting Parties shall provide adequate and effective legal remedies against any person knowingly performing any of the following acts knowing, or with respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any right covered by this Treaty:(i) to remove or alter any electronic rights management information without authority;(ii) to distribute, import for distribution, broadcast, communicate or make available to the public, without authority, performance, copies of fixed performances or phonograms knowing that electronic rights management information has been removed or altered without authority.2. As used in this Article, "rights management information" means information which identifies the performer, the performance of the performer, the producer of the phonogram, the phonogram, the owner of any right in the performance or phonogram, or information about the terms and conditions of use of the performance or phonogram, and any numbers or codes that represent such information, when any of these items of information is attached to a copy of a fixed performance or a phonogram or appears in connection with the communication on making of a fixed performance or a phonogram to the public.Article 20FormalitiesThe enjoyment and exercise of the rights provided for in this Treaty shall not be subject to any formality.Article 21ReservationsSubject to the provisions of Article 15(3), no reservations to this Treaty shall be permitted.Article 22Application in time1. Contracting Parties shall apply the provisions of Article 18 of the Berne Convention, mutatis mutandis, to the rights of performers and producers of phonograms provided for in this Treaty.2. Notwithstanding paragraph 1, a Contracting party may limit the application of Article 5 of this Treaty to performances which occurred after the entry into force of this Treaty for that Party.Article 23Provisions on enforcement of rights1. Contracting Parties undertake to adopt, in accordance with their legal systems, the measures necessary to ensure the application of this Treaty.2. Contracting Parties shall ensure that enforcement procedures are available under their law so as to permit effective action against any act of infringement of rights covered by this Treaty, including expeditions remedies to prevent infringements and remedies which constitute a deterrent to further infringements.CHAPTER VADMINISTRATIVE AND FINAL CLAUSESArticle 24Assembly1. (a) The Contracting Parties shall have an Assembly.(b) Each Contracting Party shall be represented by one delegate who may be assisted by alternate delegates, advisors and experts.(c) The expenses of each delegation shall be borne by the Contracting Party that has appointed the delegation. The Assembly may ask WIPO to grant financial assistance to facilitate the participation of delegations of Contracting Parties that are regarded as developing countries in conformity with the established practice of the General Assembly of the United Nations or that are countries in transition to a market economy.2. (a) The Assembly shall deal with matters concerning the maintenance and development of this Treaty and the application and operation of this Treaty.(b) The Assembly shall perform the function allocated to it under Article 26(2) in respect of the admission of certain intergovernmental organisations to become party to this Treaty.(c) The Assembly shall decide the convocation of any diplomatic conference for the revision of this Treaty and give the necessary instructions to the Director General of WIPO for the preparation of such diplomatic conference.3. (a) Each Contracting Party that is a State shall have one vote and shall vote only in its own name.(b) Any Contracting Party that is an intergovernmental organisation may participate in the vote, in place of its Member States, with a number of votes equal to the number of its Member States which are party to this Treaty. No such intergovernmental organisation shall participate in the vote if any one of its Member States exercises its right to vote and vice versa.4. The Assembly shall meet in ordinary session once every two years upon convocation by the Director-General of WIPO.5. The Assembly shall establish its own rules of procedure, including the convocation of extraordinary sessions, the requirements of a quorum and, subject to the provisions of this Treaty, the required majority for various kinds of decisions.Article 25International BureauThe International Bureau of WIPO shall perform the administrative tasks concerning the Treaty.Article 26Eligibility for becoming Party to the Treaty1. Any Member State of WIPO may become Party to this Treaty.2. The Assembly may decide to admit any intergovernmental organisation to become Party to this Treaty which declares that it is competent in respect of, and has its own legislation binding on all its Member States on, matters covered by this Treaty and that it has been duly authorised, in accordance with its internal procedures, to become Party to this Treaty.3. The European Community, having made the Declaration referred to in the preceding paragraph in the Diplomatic Conference that has adopted this Treaty, may become Party to this Treaty.Article 27Rights and obligations under the TreatySubject to any specific provisions to the contrary in this Treaty, each Contracting Party shall enjoy all of the rights and assume all of the obligations under this Treaty.Article 28Signature of the TreatyThis Treaty shall be open for signature until December 31, 1997, by any Member State of WIPO and by the European Community.Article 29Entry into force of the TreatyThis Treaty shall enter into force three months after 30 instruments of ratification or accession by States have been deposited with the Director-General of WIPO.Article 30Effective date of becoming Party to the TreatyThis Treaty shall bind:(i) the 30 States referred to in Article 29, from the date on which this Treaty has entered into force;(ii) each other State from the expiration of three months from the date on which the State has deposited its instrument with the Director-General of WIPO;(iii) the European Community, from the expiration of three months after the deposit of its instrument of ratification or accession if such instrument has been deposited after the entry into force of this Treaty according to Article 29, or, three months after the entry into force of this Treaty if such instrument has been deposited before the entry into force of this Treaty;(iv) any other intergovernmental organisation that is admitted to become Party to this Treaty, from the expiration of three months after the deposit of its instrument of accession.Article 31Denunciation of the TreatyThis Treaty may be denounced by any Contracting Party by notification addressed to the Director-General of WIPO. Any denunciation shall take effect one year from the date on which the Director-General of WIPO received the notification.Article 32Languages of the Treaty1. This Treaty is signed in a single original in English, Arabic, Chinese, French, Russian and Spanish languages, the versions in all these languages being equally authentic.2. An official text in any language other than those referred to in paragraph 1 shall be established by the Director-General of WIPO on the request of an interested party, after consultation with all the interested parties. For the purposes of this paragraph, "interested party" means any Member State of WIPO whose official language, or one of whose official languages, is involved and the European Community, and any other intergovernmental organisation that may become Party to this Treaty, if one of its official languages is involved.Article 33DepositaryThe Director-General of WIPO is the depositary of this Treaty.Agreed statementsConcerning Article 1(2)It is understood that Article 1(2) clarifies the relationship between rights in phonograms under this Treaty and copyright in works embodied in the phonograms. In cases where authorisation is needed from both the author of a work embodied in the phonogram and a performer or producer owning rights in the phonogram, the need for the authorisation of the author does not cease to exist because the authorisation of the performer or producer is also required, and vice versa.It is further understood that nothing in article 1(2) precludes a Contracting Party from providing exclusive rights to a performer or producer of phonograms beyond those required to be provided under this Treaty.Concerning Article 2(b)It is understood that the definition of phonogram provided in Article 2(b) does not suggest that rights in the phonogram are in any way affected through their incorporation into a cinematographic or other audiovisual work.Concerning Articles 2(e), 8, 9, 12 and 13As used in these Articles, the expressions "copies" and "original and copies" being subject to the right of distribution and the right of rental under the said Articles, refer exclusively to fixed copies that can be put into circulation as tangible objects.Concerning Article 3(2)For the application of Article 3(2), it is understood that fixation means the finalisation of the master tape ("bande-mère").Concerning Article 3It is understood that the reference in Articles 5(a) and 16(a)(iv) of the Rome Convention to "national of another Contracting state" will, when applied to this Treaty, mean, in regard to an intergovernmental organisation that is a Contracting Party to this Treaty, a national of one of the countries that is a member of that organisation.Concerning Articles 7, 11 and 16The reproduction right, as set out in Articles 7 and 11, and the exceptions permitted thereunder through Article 16, fully apply in the digital environment, in particular to the use of performances and phonograms in digital form. It is understood that the storage of a protected performance or phonogram in digital form in an electronic medium constitutes a reproduction within the meaning of these Articles.Concerning Article 15It is understood that Article 15 does not represent a complete resolution of the level of rights of broadcasting and communication to the public that should be enjoyed by performers and phonogram producers in the digital age. Delegations were unable to achieve consensus on differing proposals for aspects of exclusivity to be provided in certain circumstances or for rights to be provided without the possibility of reservations, and have therefore left the issue so future resolution.Concerning Article 15It is understood that Article 15 does not prevent the granting of the right conferred by this Article to performers of folklore and producers of phonograms recording folklore where such phonograms have not been published for commercial gain.Concerning Article 16The agreed statement concerning Article 10 (on limitations and exceptions of the WIPO Copyright Treaty is applicable mutatis mutandis also to Article 16 (on limitations and exceptions) of the WIPO Performances and Phonograms Treaty.Concerning Article 19The agreed statement concerning Article 12 (on obligations concerning rights management information) of the WIPO Copyright Treaty is applicable mutatis mutandis also to Article 19 (on obligations concerning rights management information) of the WIPO Performance and Phonograms Treaty.

Summary: Accession to the World Intellectual Property Organisation treaties Accession to the World Intellectual Property Organisation treaties SUMMARY OF: Decision 2000/278/EC approving the World Intellectual Property Organisation Copyright Treaty and the World Intellectual Property Organisation Performances and Phonograms Treaty on behalf of the EU World Intellectual Property Organisation Copyright Treaty — Joint declarations World Intellectual Property Organisation Performances and Phonograms Treaty — Joint declarations WHAT IS THE AIM OF THE DECISION AND OF THE TREATIES? The decision approves 2 treaties concluded in December 1996 on behalf of the European Community (now the EU). The treaties in question are the World Intellectual Property Organisation (WIPO) Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). The aim of the WCT and the WPPT, also known as the WIPO ‘internet’ treaties, is to adapt the international protection of copyright and related rights to the internet age by supplementing the content of the Berne Convention for the Protection of Literary and Artistic Works. KEY POINTS WCT Under this treaty, authors are provided with the exclusive rights of distribution and rental and with a broader right of communication to the public of their works in the digital environment. Computer programs are protected as literary works and the arrangement or selection of data or other material in databases is also protected. Specific protection is also provided for technological measures and electronic rights management information used to identify and manage works. WPPT This treaty concerns related rights and improves the protection of artists/performers and producers of phonograms (i.e. recordings), particularly in the digital environment. They enjoy exclusive rights for the reproduction, distribution, rental and making available to the public of their performances and phonograms. They also receive a right to equitable remuneration for broadcasting or for any communication to the public of their phonograms published for commercial purposes. Accession of the EU In its decision of 16 March 2000, the Council approved the 2 treaties on behalf of the EU and authorised the European Commission to represent the EU at the meetings of the Assemblies referred to in the treaties. According to this decision, the position of the EU will be prepared by the relevant Council working party. For the first time, the EU became party to WIPO treaties in the field of copyright and neighbouring rights. FROM WHEN DO THE DECISION AND THE TREATIES APPLY? These treaties entered into force 3 months after 30 instruments of ratification or accession by states were submitted to the WIPO. The EU’s instruments of ratification were deposited by the EU and the EU countries on 14 December 2009 after all the EU countries had incorporated into their national law Directive 2001/29/EC on copyright and related rights in the information society, which adapted EU legislation to the content of the treaties. BACKGROUND The conventions of Paris (protection of industrial property, 1883) and Berne (protection of literary and artistic works, 1886) form the basis of the WIPO treaties. Subsequent treaties extended the protection offered to other subject matters (e.g. performance, phonograms) by taking account of technical developments and new fields of interest (e.g. the information society). The last WIPO treaty ratified by the EU (in 2018) is the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled. Its aim is to improve the availability and cross-border exchange of certain works and other protected subject matter in accessible formats for persons who are blind, visually impaired or otherwise print disabled. Parties to the treaty have the freedom to implement its provisions, taking into account their own legal systems and practices, complying with the obligations set out in the Berne Convention. For more information, see: WIPO-Administered Treaties (WIPO). MAIN DOCUMENTS Council Decision 2000/278/EC of 16 March 2000 on the approval, on behalf of the European Community, of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (OJ L 89, 11.4.2000, pp. 6-7) WIPO Copyright Treaty (WCT) — Joint declarations (OJ L 89, 11.4.2000, pp. 8-14) WIPO Performances and Phonograms Treaty (WPPT) — Joint declarations (OJ L 89, 11.4.2000, pp. 15-23) RELATED DOCUMENTS Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled (OJ L 48, 21.2.2018, pp. 3-11) Council Decision (EU) 2018/254 of 15 February 2018 on the conclusion on behalf of the European Union of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled (OJ L 48, 21.2.2018, p. 1-2) Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22.6.2001, pp. 10-19) Successive amendments to Directive 2001/29/EC have been incorporated into the original text. This consolidated version is of documentary value only. last update 25.02.2019