EUR-Lex - 22002A0925(01) - EN Avis juridique important | 22002A0925(01) International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (the Bunkers Convention) Official Journal L 256 , 25/09/2002 P. 0009 - 0016 INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE, 2001Text approved by the ConferenceTHE STATES PARTIES TO THIS CONVENTION,RECALLING Article 194 of the United Nations Convention on the Law of the Sea, 1982, which provides that States shall take all measures necessary to prevent, reduce and control pollution of the marine environment,RECALLING ALSO Article 235 of that Convention, which provides that, with the objective of assuring prompt and adequate compensation in respect of all damage caused by pollution of the marine environment, States shall cooperate in the further development of relevant rules of international law,NOTING the success of the International Convention on Civil Liability for Oil Pollution Damage, 1992 and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, in ensuring that compensation is available to persons who suffer damage caused by pollution resulting from the escape or discharge of oil carried in bulk at sea by ships,NOTING ALSO the adoption of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, in order to provide adequate, prompt and effective compensation for damage caused by incidents in connection with the carriage by sea of hazardous and noxious substances,RECOGNISING the importance of establishing strict liability for all forms of oil pollution which is linked to an appropriate limitation of the level of that liability,CONSIDERING that complementary measures are necessary to ensure the payment of adequate, prompt and effective compensation for damage caused by pollution resulting from the escape or discharge of bunker oil from ships,DESIRING to adopt uniform international rules and procedures for determining questions of liability and providing adequate compensation in such cases,HAVE AGREED as follows:Article 1DefinitionsFor the purposes of this Convention:1. "ship" means any seagoing vessel and seaborne craft, of any type whatsoever,2. "person" means any individual or partnership or any public or private body, whether corporate or not, including a State or any of its constituent subdivisions,3. "shipowner" means the owner, including the registered owner, bareboat charterer, manager and operator of the ship,4. "registered owner" means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship. However, in the case of a ship owned by a State and operated by a company which in that State is registered as the ship's operator, "registered owner" shall mean such company,5. "bunker oil" means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil,6. "Civil Liability Convention" means the International Convention on Civil Liability for Oil Pollution Damage, 1992, as amended,7. "preventive measures" means any reasonable measures taken by any person after an incident has occurred to prevent or minimise pollution damage,8. "incident" means any occurrence or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage,9. "pollution damage" means:(a) loss or damage caused outside the ship by contamination resulting from the escape or discharge of bunker oil from the ship, wherever such escape or discharge may occur, provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken, and(b) the costs of preventive measures and further loss or damage caused by preventive measures,10. "State of the ship's registry" means, in relation to a registered ship, the State of registration of the ship and, in relation to an unregistered ship, the State whose flag the ship is entitled to fly,11. "gross tonnage" means gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex 1 of the International Convention on Tonnage Measurement of Ships, 1969,12. "Organisation" means the International Maritime Organisation,13. "Secretary-General" means the Secretary-General of the Organisation.Article 2Scope of applicationThis Convention shall apply exclusively:(a) to pollution damage caused:(i) in the territory, including the territorial sea, of a State Party, and(ii) in the exclusive economic zone of a State Party, established in accordance with international law, or, if a State Party has not established such a zone, in an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured;(b) to preventive measures, wherever taken, to prevent or minimise such damage.Article 3Liability of the shipowner1. Except as provided in paragraphs 3 and 4, the shipowner at the time of an incident shall be liable for pollution damage caused by any bunker oil on board or originating from the ship, provided that, if an incident consists of a series of occurrences having the same origin, the liability shall attach to the shipowner at the time of the first of such occurrences.2. Where more than one person is liable in accordance with paragraph 1, their liability shall be joint and several.3. No liability for pollution damage shall attach to the shipowner if the shipowner proves that:(a) the damage resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or(b) the damage was wholly caused by an act or omission done with the intent to cause damage by a third party; or(c) the damage was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function.4. If the shipowner proves that the pollution damage resulted wholly or partially either from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, the shipowner may be exonerated wholly or partially from liability to such person.5. No claim for compensation for pollution damage shall be made against the shipowner otherwise than in accordance with this Convention.6. Nothing in this Convention shall prejudice any right of recourse of the shipowner which exists independently of this Convention.Article 4Exclusions1. This Convention shall not apply to pollution damage as defined in the Civil Liability Convention, whether or not compensation is payable in respect of it under that Convention.2. Except as provided in paragraph 3, the provisions of this Convention shall not apply to warships, naval auxiliary or other ships owned or operated by a State and used, for the time being, only on Government non-commercial service.3. A State Party may decide to apply this Convention to its warships or other ships described in paragraph 2, in which case it shall notify the Secretary-General thereof specifying the terms and conditions of such application.4. With respect to ships owned by a State Party and used for commercial purposes, each State shall be subject to suit in the jurisdictions set forth in Article 9 and shall waive all defences based on its status as a sovereign State.Article 5Incidents involving two or more shipsWhen an incident involving two or more ships occurs and pollution damage results therefrom, the shipowners of all the ships concerned, unless exonerated under Article 3, shall be jointly and severally liable for all such damage which is not reasonably separable.Article 6Limitation of liabilityNothing in this Convention shall affect the right of the shipowner and the person or persons providing insurance or other financial security to limit liability under any applicable national or international regime, such as the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.Article 7Compulsory insurance or financial security1. The registered owner of a ship having a gross tonnage greater than 1000 registered in a State Party shall be required to maintain insurance or other financial security, such as the guarantee of a bank or similar financial institution, to cover the liability of the registered owner for pollution damage in an amount equal to the limits of liability under the applicable national or international limitation regime, but in all cases, not exceeding an amount calculated in accordance with the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.2. A certificate attesting that insurance or other financial security is in force in accordance with the provisions of this Convention shall be issued to each ship after the appropriate authority of a State Party has determined that the requirements of paragraph 1 have been complied with. With respect to a ship registered in a State Party such certificate shall be issued or certified by the appropriate authority of the State of the ship's registry; with respect to a ship not registered in a State Party it may be issued or certified by the appropriate authority of any State Party. This certificate shall be in the form of the model set out in the Annex to this Convention and shall contain the following particulars:(a) name of ship, distinctive number or letters and port of registry;(b) name and principal place of business of the registered owner;(c) IMO ship identification number;(d) type and duration of security;(e) name and principal place of business of insurer or other person giving security and, where appropriate, place of business where the insurance or security is established;(f) period of validity of the certificate which shall not be longer than the period of validity of the insurance or other security.3. (a) A State Party may authorise either an institution or an organisation recognised by it to issue the certificate referred to in paragraph 2. Such institution or organisation shall inform that State of the issue of each certificate. In all cases, the State Party shall fully guarantee the completeness and accuracy of the certificate so issued and shall undertake to ensure the necessary arrangements to satisfy this obligation.(b) A State Party shall notify the Secretary-General of:(i) the specific responsibilities and conditions of the authority delegated to an institution or organisation recognised by it;(ii) the withdrawal of such authority; and(iii) the date from which such authority or withdrawal of such authority takes effect.An authority delegated shall not take effect prior to three months from the date on which notification to that effect was given to the Secretary-General.(c) The institution or organisation authorised to issue certificates in accordance with this paragraph shall, as a minimum, be authorised to withdraw these certificates if the conditions under which they have been issued are not maintained. In all cases the institution or organisation shall report such withdrawal to the State on whose behalf the certificate was issued.4. The certificate shall be in the official language or languages of the issuing State. If the language used is not English, French or Spanish, the text shall include a translation into one of these languages and, where the State so decides, the official language of the State may be omitted.5. The certificate shall be carried on board the ship and a copy shall be deposited with the authorities who keep the record of the ship's registry or, if the ship is not registered in a State Party, with the authorities issuing or certifying the certificate.6. An insurance or other financial security shall not satisfy the requirements of this Article if it can cease, for reasons other than the expiry of the period of validity of the insurance or security specified in the certificate under paragraph 2 of this Article, before three months have elapsed from the date on which notice of its termination is given to the authorities referred to in paragraph 5 of this Article, unless the certificate has been surrendered to these authorities or a new certificate has been issued within the said period. The foregoing provisions shall similarly apply to any modification which results in the insurance or security no longer satisfying the requirements of this Article.7. The State of the ship's registry shall, subject to the provisions of this Article, determine the conditions of issue and validity of the certificate.8. Nothing in this Convention shall be construed as preventing a State Party from relying on information obtained from other States or the Organisation or other international organisations relating to the financial standing of providers of insurance or financial security for the purposes of this Convention. In such cases, the State Party relying on such information is not relieved of its responsibility as a State issuing the certificate required by paragraph 2.9. Certificates issued or certified under the authority of a State Party shall be accepted by other States Parties for the purposes of this Convention and shall be regarded by other States Parties as having the same force as certificates issued or certified by them even if issued or certified in respect of a ship not registered in a State Party. A State Party may at any time request consultation with the issuing or certifying State should it believe that the insurer or guarantor named in the insurance certificate is not financially capable of meeting the obligations imposed by this Convention.10. Any claim for compensation for pollution damage may be brought directly against the insurer or other person providing financial security for the registered owner's liability for pollution damage. In such a case the defendant may invoke the defences (other than bankruptcy or winding up of the shipowner) which the shipowner would have been entitled to invoke, including limitation pursuant to Article 6. Furthermore, even if the shipowner is not entitled to limitation of liability according to Article 6, the defendant may limit liability to an amount equal to the amount of the insurance or other financial security required to be maintained in accordance with paragraph 1. Moreover, the defendant may invoke the defence that the pollution damage resulted from the wilful misconduct of the shipowner, but the defendant shall not invoke any other defence which the defendant might have been entitled to invoke in proceedings brought by the shipowner against the defendant. The defendant shall in any event have the right to require the shipowner to be joined in the proceedings.11. A State Party shall not permit a ship under its flag to which this Article applies to operate at any time, unless a certificate has been issued under paragraphs 2 or 14.12. Subject to the provisions of this Article, each State Party shall ensure, under its national law, that insurance or other security, to the extent specified in paragraph 1, is in force in respect of any ship having a gross tonnage greater than 1000, wherever registered, entering or leaving a port in its territory, or arriving at or leaving an offshore facility in its territorial sea.13. Notwithstanding the provisions of paragraph 5, a State Party may notify the Secretary-General that, for the purposes of paragraph 12, ships are not required to carry on board or to produce the certificate required by paragraph 2, when entering or leaving ports or arriving at or leaving from offshore facilities in its territory, provided that the State Party which issues the certificate required by paragraph 2 has notified the Secretary-General that it maintains records in an electronic format, accessible to all States Parties, attesting the existence of the certificate and enabling States Parties to discharge their obligations under paragraph 12.14. If insurance or other financial security is not maintained in respect of a ship owned by a State Party, the provisions of this Article relating thereto shall not be applicable to such ship, but the ship shall carry a certificate issued by the appropriate authority of the State of the ship's registry stating that the ship is owned by that State and that the ship's liability is covered within the limit prescribed in accordance with paragraph 1. Such a certificate shall follow as closely as possible the model prescribed by paragraph 2.15. A State may, at the time of ratification, acceptance, approval of, or accession to this Convention, or at any time thereafter, declare that this Article does not apply to ships operating exclusively within the area of that State referred to in Article 2(a)(i).Article 8Time limitsRights to compensation under this Convention shall be extinguished unless an action is brought thereunder within three years from the date when the damage occurred. However, in no case shall an action be brought more than six years from the date of the incident which caused the damage. Where the incident consists of a series of occurrences, the six-year period shall run from the date of the first such occurrence.Article 9Jurisdiction1. Where an incident has caused pollution damage in the territory, including the territorial sea, or in an area referred to in Article 2(a)(ii) of one or more States Parties, or preventive measures have been taken to prevent or minimise pollution damage in such territory, including the territorial sea, or in such area, actions for compensation against the shipowner, insurer or other person providing security for the shipowner's liability may be brought only in the courts of any such States Parties.2. Reasonable notice of any action taken under paragraph 1 shall be given to each defendant.3. Each State Party shall ensure that its courts have jurisdiction to entertain actions for compensation under this Convention.Article 10Recognition and enforcement1. Any judgement given by a court with jurisdiction in accordance with Article 9 which is enforceable in the State of origin where it is no longer subject to ordinary forms of review, shall be recognised in any State Party, except:(a) where the judgement was obtained by fraud; or(b) where the defendant was not given reasonable notice and a fair opportunity to present his or her case.2. A judgement recognised under paragraph 1 shall be enforceable in each State Party as soon as the formalities required in that State have been complied with. The formalities shall not permit the merits of the case to be reopened.Article 11Supersession clauseThis Convention shall supersede any Convention in force or open for signature, ratification or accession at the date on which this Convention is opened for signature, but only to the extent that such Convention would be in conflict with it; however, nothing in this Article shall affect the obligations of States Parties to States not party to this Convention arising under such Convention.Article 12Signature, ratification, acceptance, approval and accession1. This Convention shall be open for signature at the Headquarters of the Organisation from 1 October 2001 until 30 September 2002 and shall thereafter remain open for accession.2. States may express their consent to be bound by this Convention by:(a) signature without reservation as to ratification, acceptance or approval;(b) signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or(c) accession.3. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.4. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Convention with respect to all existing State Parties, or after the completion of all measures required for the entry into force of the amendment with respect to those State Parties shall be deemed to apply to this Convention as modified by the amendment.Article 13States with more than one system of law1. If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.2. Any such declaration shall be notified to the Secretary-General and shall state expressly the territorial units to which this Convention applies.3. In relation to a State Party which has made such a declaration:(a) in the definition of "registered owner" in Article 1(4), references to a State shall be construed as references to such a territorial unit;(b) references to the State of a ship's registry and, in relation to a compulsory insurance certificate, to the issuing or certifying State, shall be construed as referring to the territorial unit respectively in which the ship is registered and which issues or certifies the certificate;(c) references in this Convention to the requirements of national law shall be construed as references to the requirements of the law of the relevant territorial unit; and(d) references in Articles 9 and 10 to courts, and to judgements which must be recognised in States Parties, shall be construed as references respectively to courts of, and to judgements which must be recognised in, the relevant territorial unit.Article 14Entry into force1. This Convention shall enter into force one year following the date on which eighteen States, including five States each with ships whose combined gross tonnage is not less than 1 million, have either signed it without reservation as to ratification, acceptance or approval or have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General.2. For any State which ratifies, accepts, approves or accedes to it after the conditions in paragraph 1 for entry into force have been met, this Convention shall enter into force three months after the date of deposit by such State of the appropriate instrument.Article 15Denunciation1. This Convention may be denounced by any State Party at any time after the date on which this Convention comes into force for that State.2. Denunciation shall be effected by the deposit of an instrument with the Secretary-General.3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after its deposit with the Secretary-General.Article 16Revision or amendment1. A conference for the purpose of revising or amending this Convention may be convened by the Organisation.2. The Organisation shall convene a conference of the States Parties for revising or amending this Convention at the request of not less than one-third of the States Parties.Article 17Depositary1. This Convention shall be deposited with the Secretary-General.2. The Secretary-General shall:(a) inform all States which have signed or acceded to this Convention of:(i) each new signature or deposit of instrument together with the date thereof;(ii) the date of entry into force of this Convention;(iii) the deposit of any instrument of denunciation of this Convention together with the date of the deposit and the date on which the denunciation takes effect; and(iv) other declarations and notifications made under this Convention.(b) transmit certified true copies of this Convention to all Signatory States and to all States which accede to this Convention.Article 18Transmission to United NationsAs soon as this Convention comes into force, the text shall be transmitted by the Secretary-General to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.Article 19LanguagesThis Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.DONE AT LONDON this twenty-third day of March, two thousand and one.IN WITNESS WHEREOF the undersigned being duly authorised by their respective Governments for that purpose have signed this Convention.Annex to the Annex>PIC FILE= "L_2002256EN.001502.TIF">>PIC FILE= "L_2002256EN.001601.TIF">

Summary: Civil liability for oil pollution damage: Bunkers Convention Civil liability for oil pollution damage: Bunkers Convention SUMMARY OF: International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (the Bunkers Convention) Decision 2002/762/EC authorising the Member States to sign, ratify or accede to the International Convention on Civil Liability for Bunker Oil Pollution Damage WHAT IS THE AIM OF THE CONVENTION AND OF THE DECISION? The Bunkers Convention was adopted under the auspices of the International Maritime Organisation (IMO) to ensure adequate, prompt and effective compensation for those who suffer damage caused by spills of oil carried as fuel in ships’ bunkers. The decision authorises EU countries to sign, ratify or accede to the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage (Bunkers Convention). KEY POINTS Compatibility with EU rules Articles 9 and 10 of the Bunkers Convention affect the rules laid down in Council Regulation (EC) No 44/2001 (now Regulation (EU) No 1215/2012) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The convention does not stipulate an international organisation such as the EU to sign, ratify or accede to it. EU countries, with the authorisation of the EU, must therefore sign, ratify or accede to the convention in the interest of the EU. When they do so, they must also make a declaration whereby they commit to applying Regulation (EC) No 1215/2012 in their mutual relations. Scope The convention applies to: pollution damage caused in the territory, in the territorial sea and in the exclusive economic zone or equivalent in any country which is a party to the convention; measures taken to prevent or minimise such damage. It does not apply to warships, naval auxiliary or other ships owned by a country. However, any country which is a party to the convention may decide to apply it to such ships. Liability of the shipowner The shipowner at the time of an incident is liable for all pollution damage caused by its bunker oil. However, the shipowner will escape liability if they can prove that: the damage resulted from an act of war, hostilities, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or the damage resulted from an act or omission with the intent to cause damage by a third party; or the damage was wholly caused by the negligence of any government or other authority responsible. Compulsory insurance or financial security Owners of ships with a gross tonnage greater than 1,000 tonnes and which are registered in a country which is a party to the convention must maintain insurance or other financial security, such as the guarantee of a bank or similar financial institution, to cover their liability for pollution damage. A certificate attesting that insurance or other financial security is in force is issued to each ship by appropriate authority of a country and must be carried on board a ship. A copy must also be deposited with the authorities who keep the ship’s registration. Jurisdiction and enforcement of judgments Judicial action for compensation against the shipowner, insurer or other person providing security must be brought in the country or countries where the pollution damage was caused. The convention defines the conditions under which a judgment given by a court in one country which is a party to the convention can be recognised or enforced in another. Time limits Rights to compensation under this convention will lapse if no action is brought within 3 years from the date when the damage occurred. No action can be brought more than 6 years from the date of the incident which caused the damage. DATE OF ENTRY INTO FORCE The Convention entered into force on 21 November 2008. As of 2015, all EU countries had ratified/acceded to the convention in accordance with the Decision 2002/762/EC. BACKGROUND For more information, see: Bunker Oil Pollution Damage (European Maritime Safety Agency) International Convention on Civil Liability for Bunker Oil Pollution Damage — BUNKER (International Maritime Organisation) MAIN DOCUMENTS International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (the Bunkers Convention) (OJ L 256, 25.9.2002, pp. 9-16) Council Decision 2002/762/EC of 19 September 2002 authorising the Member States, in the interest of the Community, to sign, ratify or accede to the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (the Bunkers Convention) (OJ L 256, 25.9.2002, pp. 7-8) RELATED DOCUMENTS Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, pp. 1-32) Successive amendments to Regulation (EU) No 1215/2012 have been incorporated in the original text. This consolidated version is of documentary value only. last update 10.07.2020


EUR-Lex - 22002A0809(01) - EN Avis juridique important | 22002A0809(01) Agreement for scientific and technological cooperation between the European Community and the Government of the Republic of India Official Journal L 213 , 09/08/2002 P. 0030 - 0037 Agreementfor scientific and technological cooperation between the European Community and the Government of the Republic of IndiaTHE EUROPEAN COMMUNITY, hereinafter referred to as "the Community",of the one part, andTHE GOVERNMENT OF THE REPUBLIC OF INDIA, hereinafter referred to as "India",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 India are pursuing joint research and technological programmes in a number of areas of common interest, and that mutual benefits may be derived if the Parties facilitate further cooperation,NOTING that there has been active cooperation and information exchange in a number of scientific and technological areas under the Cooperation Agreement between the Community and India on Partnership and Development signed on 20 December 1993,HAVING REGARD to the EU-India Summit Joint Declaration agreed on 28 June 2000,DESIRING to expand the cooperation in scientific and technological research with a view to strengthening the conduct of cooperative activities in areas of common interest and to encouraging the application of the results of such cooperation to their economic and social benefit,HAVE AGREED AS FOLLOWS:Article 1PurposeThe Parties shall encourage and facilitate cooperative research and development activities in science and technology fields of common interest between the Community and India.Article 2DefinitionsFor the purpose of this Agreement:(a) "cooperative activity" means any activity which the Parties undertake or support, pursuant to this Agreement, and includes joint research;(b) "information" means scientific or technical data, results or methods of research and development stemming from joint research carried out under this Agreement and any other data deemed necessary by the participants to cooperative activities, including, as necessary, by the Parties themselves;(c) "intellectual property" shall have the meaning defined in Article 2 of the Convention establishing the World Intellectual Property Organisation, done at Stockholm, 14 July 1967;(d) "joint research" means a research, technological development or demonstration project that is implemented with financial support from one or both Parties and that involves collaboration between participants from both the Community and India and is designated as joint research in writing by the Parties or the Executive Agents. Where there is funding by only one Party, the designation shall be made by that Party and the participant in that project;(e) "participant" or "research entities" means any person, any academic institution, research institute or any other legal entity or undertaking or firm established in the Community or in India involved in cooperative activities including the Parties themselves.Article 3PrinciplesCooperation shall be conducted on the basis of the following principles:(a) mutual benefit based on an overall balance of advantages;(b) reciprocal access to the activities of research and technological development undertaken by each Party;(c) timely exchange of information which may affect cooperative activities;(d) appropriate protection of intellectual property rights.Article 4Scope of cooperationCooperation under this Agreement may cover all the activities of research, technological development and demonstration, hereinafter referred to as "RTD", included in the first activity of the framework programme under Article 164 of the Treaty establishing the European Community and all similar RTD activities in India in the corresponding scientific and technological fields.This Agreement does not affect the participation of India, as a developing country, in Community activities in the field of research for development.Article 5Forms of cooperationCooperative activities may take the following forms:- participation of Indian research entities in RTD projects under the first activity of the framework programme and reciprocal participation of research entities established in the Community in Indian projects in similar sectors of RTD. Such participation is subject to the rules and procedures applicable in each Party,- joint RTD Projects; the joint RTD projects shall be implemented when the participants have developed a technology management plan, as indicated in the Annex,- pooling of RTD projects already implemented according to the procedures applicable in the RTD programmes of each Party,- visits and exchanges of scientists and technical experts,- joint organisation of scientific seminars, conferences, symposia and workshops, as well as participation of experts in those activities,- concerted actions for dissemination of results/exchange of experience on joint RTD projects that have been funded,- exchanges and sharing of equipment and materials including shared use of advanced research facilities,- exchanges of information on practices, laws, regulations and programmes relevant to cooperation under this Agreement,- any other form recommended by the Steering Committee and deemed in conformity with the policies and procedures applicable in both Parties.Article 6Coordination and facilitation of cooperative activities(a) The coordination and facilitation of cooperative activities under this Agreement shall be accomplished, on behalf of India, by the Ministry of Science and Technology (Department of Science and Technology) and, on behalf of the Community, by the services of the Commission of the European Communities (Directorate General for Science, Research and Development), acting as executive agents.(b) The executive agents shall establish a Steering Committee on S & T Cooperation, hereinafter referred to as the "Steering Committee" for the management of this Agreement; this Committee shall consist of an equal number of official representatives of each Party and shall have Co-Chairpersons from the Parties; it shall establish its own rules of procedure.(c) The functions of the Steering Committee shall include:(i) promoting and overseeing the different cooperative activities as mentioned in Article 4 as well as those that would be implemented in the framework of Community activities in the field of research for development;(ii) recommending Joint RTD projects, to be sponsored on a cost-sharing basis by the Parties, received in response to an approved Joint Call for Proposal text issued simultaneously by the Executive Agents.The joint projects, which have been submitted by the scientists of one side for participation in the programmes of the other side, will be selected by each Party according to the respective selection process of each Party with possible participation of the experts from both sides;(iii) indicating, for the following year, pursuant to the first and second indents of Article 5, among the potential sectors for RTD cooperation, those priority sectors or subsectors of mutual interest in which cooperation is sought;(iv) proposing, pursuant to the third indent of Article 5, to the scientists of both Parties the pooling of their projects which would be of mutual benefit and complementary;(v) making recommendations pursuant to the fourth to eighth indents of Article 5;(vi) advising the Parties on ways to enhance and improve cooperation consistent with the principles set out in this Agreement;(vii) reviewing the efficient functioning and implementation of this Agreement, including evaluation of on-going cooperative projects involving India as a developing country under Community activities in the field of research for development;(viii) annually providing a report to the Parties on the status, the level reached and the effectiveness of cooperation undertaken under this Agreement. This report will be transmitted to the Joint Commission established in the framework of the Cooperation Agreement between the European Community and India on Partnership and Development.(d) The Steering Committee shall, as a general rule, meet annually, preferably before the meeting of the Joint Commission established in the framework of the Cooperation Agreement between the European Community and India on Partnership and Development, and according to a jointly agreed schedule; the meetings should be held alternatively in the Community and in India. Extraordinary meetings may be organised at the request of either Party.(e) Decisions of the Steering Committee shall be reached by consensus. Minutes, comprising of a record of decisions and principal points discussed, shall be taken at each meeting. These minutes shall be agreed upon by the designated Co-Chairpersons of the Steering Committee.(f) For the Steering Committee Meeting, the travel and accommodation expenses of the participants shall be borne by the Parties to whom they relate. Any other cost associated with the Steering Committee Meeting shall be borne by the host Party.Article 7Funding(a) Cooperative activities shall be subject to the availability of appropriated funds and to the laws and regulations (including those on tax and customs exemption) applicable in the territories of each Party and in accordance with policies and programmes of the Parties.(b) Costs incurred on selected cooperative activities shall be shared by the participants without any transfer of funds from one Party to the other.(c) An implementing arrangement would specify in greater details the precise administrative and financial modalities for cooperative activities.(d) RTD projects, involving India as developing country, sponsored under Community activities in the field of research for development shall be excluded from the provisions specified under (b) and (c).Article 8Entry of personnel and equipmentEach Party shall take all reasonable steps and use its best efforts, within the laws and regulations applicable in the territories of each Party, to facilitate entry to, sojourn in, and exit from its territory of persons and equipment involved in or used in cooperative activities identified by the Parties under the provisions of this Agreement.Article 9Diffusion and utilisation of informationThe dissemination and utilisation of information, and the management, allocation and exercise of intellectual property rights resulting from joint research under this Agreement shall be subject to the requirements of the Annex. The Annex shall be an integral part of this Agreement.Article 10Territorial applicationThis 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 India. 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 11Entry 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 shall be concluded for an initial period of five years and may be renewed by mutual agreement between the Parties after evaluation during the last year of each successive period.(c) 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.(d) 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.(e) All questions or disputes related to the interpretation or implementation of this Agreement shall be settled by mutual agreement between the Parties.Article 12This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Hindi languages, each of these texts being equally authentic.In witness whereof, the undersigned, being duly authorised thereto, have signed this Agreement.Hecho en Nueva Delhi el veintitrés de noviembre del dos mil uno por duplicado en alemán, danés, español, finés, francés, griego, inglés, italiano, neerlandés, portugués, sueco e hindi, siendo cada uno de estos textos igualmente auténticos./Udfærdiget i New Delhi, den treogtyvende november to tusind og et, i to eksemplarer på dansk, engelsk, finsk, fransk, græsk, italiensk, nederlandsk, portugisisk, spansk, svensk, tysk og hindi, idet hver af disse tekster har samme gyldighed./Geschehen zu New Delhi am dreiundzwanzigsten November zweitausendundeins in zwei Urschriften in dänischer, deutscher, englischer, finnischer, französischer, griechischer, italienischer, niederländischer, portugiesischer, schwedischer und spanischer Sprache sowie in Hindi abgefasst, wobei jeder Wortlaut gleichermaßen verbindlich ist./Έγινε στο Νέο Δελχί, στις είκοσι τρεις Νοεμβρίου δύο χιλιάδες ένα, σε δύο αντίτυπα στην αγγλική, γαλλική, γερμανική, δανική, ελληνική, ισπανική, ιταλική, ολλανδική, πορτογαλική, σουηδική και φινλανδική γλώσσα και τη γλώσσα Hindi· όλα τα κείμενα είναι εξίσου αυθεντικά./Done at New Delhi on the twenty-third day of November in the year two thousand and one, in two copies, in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish, and Hindi languages, with each text being equally authentic./Fait à New Delhi, le vingt-trois novembre deux mille un, en deux exemplaires, en langues allemande, anglaise, danoise, espagnole, française, finnoise, grecque, italienne, néerlandaise, portugaise, suédoise et hindi, chacun de ces textes faisant également foi./Fatto a Nuova Delhi, addì ventitre novembre duemilauno, in duplice copia nelle lingue danese, finlandese, francese, greca, inglese, italiana, olandese, portoghese, spagnola, svedese, tedesca e hindi, ciascun testo facente ugualmente fede./Gedaan te New Delhi op de drieëntwintigste november tweeduizendeneen in twee exemplaren in de Deense, de Duitse, de Engelse, de Finse, de Franse, de Griekse, de Italiaanse, de Nederlandse, de Portugese, de Spaanse, de Zweedse en de Hinditaal, zijnde alle teksten gelijkelijk authentiek./Feito em Nova Deli, em vinte e três de Novembro de dois mil e um, em duplo exemplar, nas línguas alemã, dinamarquesa, espanhola, finlandesa, francesa, grega, inglesa, italiana, neerlandesa, portuguesa, sueca e hindi, fazendo igualmente fé todos os textos./Tehty New Delhissä kahdentenakymmenentenäkolmantena päivänä marraskuuta vuonna kaksituhattayksi kahtena kappaleena englannin-, espanjan-, hollannin-, italian-, kreikan-, portugalin-, ranskan-, ruotsin-, saksan-, suomen-, tanskan- ja hindinkielellä, ja jokainen teksti on yhtä todistusvoimainen./Upprättat i New Delhi den tjugotredje november tjugohundraett i två exemplar på danska, engelska, finska, franska, grekiska, italienska, nederländska, portugisiska, spanska, svenska och tyska språken samt på hindi, varvid samtliga språkversioner äger lika giltighet./>PIC FILE= "L_2002213EN.003301.TIF">Por la Comunidad Europea/For Det Europæiske Fællesskab/Für die Europäische Gemeinschaft/Για την Ευρωπαϊκή Κοινότητα/For the European Community/Pour la Communauté européenne/Per la Comunità europea/Voor de Europese Gemeenschap/Pela Comunidade Europeia/Euroopan yhteisön puolesta/På Europeiska gemenskapens vägnar/>PIC FILE= "L_2002213EN.003401.TIF">>PIC FILE= "L_2002213EN.003402.TIF">Por el Gobierno de la República de la India/På Republikken Indiens regerings vegne/Für die Regierung der Republik Indien/Για την κυβέρνηση της Δημοκρατίας της Ινδίας/For the Government of the Republic of India/Pour le gouvernement de la République de l'Inde/Per il governo della Repubblica dell'India/Voor de regering van de Republiek India/Pelo Governo da República da Índia/Intian tasavallan hallituksen puolesta/På Republiken Indiens regerings vägnar/>PIC FILE= "L_2002213EN.003403.TIF">>PIC FILE= "L_2002213EN.003404.TIF">ANNEXINTELLECTUAL PROPERTY RIGHTSRights to intellectual property created of furnished under the Agreement shall be allocated as provided in this Annex.APPLICATIONThis Annex is applicable to joint research undertaken pursuant to the Agreement, except as otherwise agreed by the Parties.I. Ownership, allocation and exercise of rights1. For purpose of this Annex "intellectual property" is defined in Article 2(c) of the Agreement.2. This Annex addresses the allocation of rights and interests of the Parties and their participants. Each Party and its participants shall ensure that the other Party and its participants may obtain the rights to intellectual property allocated to it in accordance with this Annex. This Annex does not otherwise alter or prejudice the allocation of rights, interests and royalties between a Party and its nationals or participants, and the rules of diffusion and utilisation of information, which will be determined by the laws and practices of each Party.3. The Parties will also be guided by, and contractual arrangements should provide for, the following principles:(a) effective protection of intellectual property. The Parties shall ensure that they and/or their participants notify one another within a reasonable time of the creation of any intellectual property arising under the Agreement or implementation arrangements and to seek protection for such intellectual property in a timely fashion;(b) effective exploitation of results, taking into account the contributions of the Parties and their participants;(c) non-discriminatory treatment of participants from the other Party as compared with the treatment given to its own participants, with regard to ownership, utilisation and dissemination of information and ownership, allocation and exercise of intellectual property rights;(d) protection of business-confidential information.4. The participants shall jointly develop a Technology Management Plan (TMP). TMP is a specific agreement to be concluded between the participants in joint research defining their respective rights and obligations, including those in respect of the ownership and use, including publication, of information and intellectual property to be created in the course of joint research.With respect to intellectual property (IP), the TMP will normally address, among other things, ownership, protection, user rights for research and development purposes, exploitation and dissemination, including arrangements for joint publication, the rights and obligations of visiting researchers and dispute settlement procedures. The TMP shall also address foreground and background information, licensing and deliverables. The TMP shall be developed within the rules and regulations in force in each Party taking into account the aims of the joint research, the relative financial or other contributions of the Parties and participants, the advantages and disadvantages of licensing by territory or for fields of use, requirements imposed by applicable laws, the need for dispute settlement procedures and other factors deemed appropriate by the participants. The rights and obligations concerning the research generated by visiting researchers (i.e. researchers not coming from a Party or a participant) in respect of IP shall also be addressed in the joint technology management plans. The TMP shall be approved by the responsible funding agency, or department of the Party involved in financing the research, before the conclusion of the specific research and development cooperation contracts to which they are attached.5. Information or intellectual property created in the course of joint research and not addressed in a TMP will be allocated according to the principles set out in the TMP. In the event of a disagreement which cannot be resolved by the agreed dispute settlement procedure, such information or IP shall be owned jointly by all the participants involved in the joint research from which the information or IP results. Each participant to whom this provision applies shall have the right to use such information or IP for his own commercial exploitation with no geographical limitation.6. In accordance with applicable laws, each Party will ensure that the other Party and its participants may have the rights to IP allocated to them.7. While maintaining the condition of competition in areas affected by the Agreement, each Party shall endeavour to ensure that rights acquired pursuant to the Agreement, and arrangements made under it, are exercised in such a way as to encourage, in particular(i) the dissemination and use of information created, disclosed or otherwise made available, under the Agreement, and(ii) the adoption and implementation of international standards.8. Termination or expiry of the Agreement will not affect rights or obligations of participants with regard to intellectual property under approved on-going projects in accordance with this Annex.II. Copyright works and scientific literary worksCopyright belonging to the Parties or to their participants shall be accorded treatment consistent with the Berne Convention (Paris Act 1971) and the TRIPS Agreement.Without prejudice to Section III, and unless otherwise agreed in the TMP, results of research shall be published jointly by the Parties or participants. Subject to the foregoing general rule, the following procedures shall apply:1. In the case of publication by a Party or public bodies of that Party of scientific and technical journals, articles, reports, books, including video and software arising from joint research pursuant to the Agreement, the other Party will be entitled to a worldwide, non-exclusive, irrevocable, royalty-free license to translate, reproduce, adapt, transmit and publicly distribute such works.2. The Parties shall endeavour to disseminate literary works of a scientific character arising from joint research pursuant to the Agreement and published by independent publishers will be disseminated as widely as possible.3. All copies of a copyright work to be publicly distributed and prepared under this provision shall indicate the names of the author(s) of the work unless an author explicitly declines to be named. Copies shall also bear a clearly visible acknowledgement of the cooperative support of the Parties.III. Undisclosed informationA. Documentary undisclosed information1. Each Party, its agencies or its participants, as appropriate, shall identify at the earliest possible moment, and preferably in the TMP, the information that they wish to remain undisclosed in relation to the Agreement, taking into account inter alia the following criteria:(a) secrecy of the information in the sense that it is not, as a body or in the precise configuration or assembly of its components, generally known among, or readily accessible by lawful means to, experts in the fields;(b) the actual or potential commercial value of the information by virtue of its secrecy;(c) previous protection of the information in the sense that it has been subject to steps that were reasonable under the circumstances by the person lawfully in control, to maintain its secrecy.The Parties and their participants may in certain cases agree that, unless otherwise indicated, parts or all of the information provided, exchanged or created in the course of joint research pursuant to the Agreement may not be disclosed.2. Each Party shall ensure that it and its participants clearly identify undisclosed information, for example by means of an appropriate marking or restrictive legend. This also applies to any reproduction of the said information, in whole or in part.A Party receiving undisclosed information pursuant to the Agreement will respect the privileged nature thereof. These limitations shall automatically terminate when this information is disclosed by the owner into the public domain.3. Undisclosed information communicated under this Agreement may be disseminated by the receiving Party to persons within or employed by the receiving Party and other concerned departments or agencies of the receiving Party authorised for the specific purposes of the joint research under way, provided that any undisclosed information so disseminated shall be pursuant to a written agreement of confidentiality and shall be readily recognisable as such, as set out above.4. With the prior written consent of the Party providing undisclosed information under this Agreement, the receiving Party may disseminate such undisclosed information more widely than otherwise permitted in paragraph 3. The Parties shall cooperate in developing procedures for requesting and obtaining prior written consent for such wider dissemination, and each Party will grant such approval to the extent permitted by its domestic policies, regulations and laws.B. Non-documentary undisclosed informationNon-documentary undisclosed or other confidential or privileged information provided in seminars and other meetings arranged under this Agreement, or information arising from the attachment of staff, use of facilities, or joint projects, shall be treated by the Parties or their participants according to the principles specified for documentary information in the Agreement; provided, however, that the recipient of such undisclosed or other confidential or privileged information has been made aware in advance and in written form of the confidential character of the information to be communicated.C. ControlEach Party shall endeavour to ensure that undisclosed information received by it under this Agreement is controlled as provided herein. If one of the Parties becomes aware that it will be, or may be reasonably expected to become, unable to meet the non-dissemination provisions of sections A and B, it shall immediately inform the other Party. The Parties will thereafter consult to define an appropriate course of action.

Summary: Scientific and technological cooperation between the EU and India Scientific and technological cooperation between the EU and India SUMMARY OF: Agreement for scientific and technological cooperation between the European Community and the Government of the Republic of India Decision 2002/648/EC on the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Republic of India Agreement renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the Republic of India Decision 2009/501/EC on the conclusion of an Agreement renewing the Agreement for scientific and technological cooperation between the European Community and Republic of India Decision (EU) 2015/1788 on the renewal of the Agreement for scientific and technological cooperation between the European Community and the Government of the Republic of India Decision (EU) 2020/789 on the renewal of the Agreement for scientific and technological cooperation between the European Community and the Government of the Republic of India WHAT IS THE AIM OF THE AGREEMENT AND THE DECISIONS? The agreement establishes a formal framework for cooperation aiming at encouraging and facilitating activities in science and technology fields of common interest between the EU and India. The 4 decisions concerned respectively the conclusion of the agreement (Decision 2002/648/EC) by which the Council approved the conclusion of the agreement on behalf of the European Community (now the EU), and its successive extension in 2009 (Decision 2009/501/EC), in 2015 (Decision (EU) 2015/1788) and in 2020 (Decision (EU) 2020/789). KEY POINTS Activities conducted under the agreement are based on a number of principles: mutual benefit; reciprocal access to activities; timely exchange of information; appropriate protection of intellectual property rights. Fields of cooperation The agreement covers all areas of research, technological development and demonstration (RTD). Activities Cooperative activities may include the following: participation of Indian research entities in RTD projects under the EU Framework Programmes for research and innovation and reciprocal participation of EU-based entities in Indian projects in similar sectors; joint RTD projects; visits and exchanges of scientists and technical experts; joint organisation of scientific seminars, conferences, symposia and workshops, as well as participation of experts in those activities; concerted actions for dissemination of results/exchange of experience on joint RTD projects; exchanges and sharing of equipment and materials including shared use of advanced research facilities; exchanges of information on practices, laws, regulations and programmes relevant to cooperation under this agreement. DATE OF ENTRY INTO FORCE The agreement entered into force on 14 October 2002 for an initial period of 5 years. It has been renewed three times, most recently in 2020 for an additional period of 5 years. BACKGROUND The basis of broader political cooperation between the EU and India is the 1994 Cooperation Agreement which first took relations beyond trade and economic cooperation. For more information, see: EU-India relations — fact sheet (European Union External Action Service) For more information about Research & Innovation (R&I) cooperation with India, see: International R&I cooperation with India (European Commission). MAIN DOCUMENTS Agreement for scientific and technological cooperation between the European Community and the Government of the Republic of India (OJ L 213, 9.8.2002, pp. 30-37) Council Decision 2002/648/EC of 25 June 2002 concerning the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Government of the Republic of India (OJ L 213, 9.8.2002, p. 29) Agreement renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the Republic of India (OJ L 171, 1.7.2009, pp. 19-26) Council Decision 2009/501/EC of 19 January 2009 concerning the conclusion of an Agreement renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the Republic of India (OJ L 171, 1.7.2009, pp. 17-18) Council Decision (EU) 2015/1788 of 1 October 2015 concerning the renewal of the Agreement for scientific and technological cooperation between the European Community and the Government of the Republic of India (OJ L 260, 7.10.2015, pp. 18-19) Council Decision (EU) 2020/789 of 9 June 2020 on the renewal of the Agreement for scientific and technological cooperation between the European Community and the Government of the Republic of India (OJ L 193, 17.6.2020, pp. 3-4) RELATED DOCUMENTS Information concerning the entry into force of the renewal of the Agreement for scientific and technological cooperation between the European Community and the Government of the Republic of India (OJ L 89, 6.4.2016, p. 1) Cooperation Agreement between the European Community and the Republic of India on partnership and development - Declaration of the Community concerning tariff adjustments — Declarations of the Community and India (OJ L 223, 27.8.1994, pp. 24-34) last update 25.06.2020