title: Recommendation for a COUNCIL DECISION authorizing the Commission to propose an amendment to the United Nations Convention on a Code of Conduct for Liner Conferences with a view to making it possible for the Community to accede to the Convention (presented by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 590
Vol. 1988/0200
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM ( 88 ) 590 final
                                                   Brussels , 20 October 1988
                                                                              /
                    !
                             Recommendation for a
                               COUNCIL DECISION
  authorizing the Commission to propose an amendment to the United Nations
    Convention on a Code of Conduct for Liner Conferences with a view to
      making it possible for the Community to accede to the Convention
I
                        (presented by the Commission )
                            fl 2 5 Ca    ij 1 ■     i§)
                                                      M
                            Y           Ssr.j ,   /■/>»,
                                                 Â-7
                                     r,- .       ScJ)
                                                /.. 'JJ
 ---pagebreak---    proposal for an amendment to the United Nations Convention on a
   Code of Conduct for Liner Conference with a view to making it
         possible for the Community to accede to the Convention
1 . The accession of the Community to the Convention was the
     subject of a letter which the Commission sent to Member states
     on  17 March  1987 . In the  letter the Commission reminded Member
     States of Declaration No 4 of the Council of 15 May 1979
     according to which , " as soon as one Member State becomes a
     Contracting Party to the Convention on a Code of Conduct for
     Liner Conferences , that State shall table an amendment , in
     accordance with Article 51 of the Convention , with a view to
     making it possible for the Community to accede to the
     Convention . The other Member states , on becoming Contracting
     Parties to the Code , will support that amendment ".
2.   The  Commission   is convinced that  Declaration No 4 has  not lost
     anything of its validity as part of the " acquis
     communautaire " .  While the  accession of Member States  took
     longer than expected in 1979 , six Member States are now
     Contracting Parties and others are taking steps to follow
     soon .
3 . At this juncture it would be appropriate for the Community to
     use its right to propose amendments to the Convention during
     the Review Conference ( Geneva , 31.10 - 18.11.1988 ) as provided
     for in draft Rule 64-bis ( 1 ). It is likely that Member States ,
     Contracting parties to the Code , would prefer such a
     coordinated approach over an Article 51 initiative , now that
     the opportunity for such an approach is present .
     This means , however , that the efforts to bring about the
     amendment through the implicit acceptance procedure of Article
     51 should be discontinued until the result of the proposed
     negotiation in the Review Conference is known .
4 . The case for Community accession has become stronger indeed :
     - community competence in the field of maritime transport has
        considerably developed , inter alia with respect to matters
        dealt with in the UN Liner Code ;
 (1)    At the time of presenting this proposal to the Council the
        Rules of procedure are not yet adopted , but they will be
        at the beginning of the Review Conference . The present
        proposal serves the purpose to have the Council , timely
        decide , on the assumption that Rule 64-bis will be adopted .
        If Rule 64-bis is not adopted the proposal should be
        presented by the Presidency .
                                                                         I
 ---pagebreak---                                     2
    -  Article 87(2 )  of the third ACP-EEC Convention invites the
       Community to assist ACP States to apply the relevant
       provisions of the Code , so that the accession of the
       Community to the Convention on the Code of Conduct is a
       logical consequence in relation to the developing countries
       concerned ;
    - the purpose of Community accession could be to enable it to
       exercise , within the framework of the Code , the competence
       which existed under the Treaty or the relevant secondary
     t législation .
    - the number of Member States which have become contracting
       Parties  is now six and the  accession of at least two more
       Member States is soon to be expected .
5 . On the other hand , Community accession would imply that the
    Convention would become applicable in trades between the
    Member States which did not yet accede and states which are
    contracting parties . Member States , which are already parties
    may have had hesitations therefore to do the speedy spadework
    for Community accession to which they were committed since
    1979 .
6 . The Commission cannot accept these hesitations to use the
    procedure of Article 51 of Convention . However , since the
    occasion arises to have the Community itself present a similar
    proposal the Commission does not object to the temporary
    suspension of Member States' obligation to invoke the Article
    51 procedure when they become contracting parties , provided
    that the proposal referred to in para 7 will be adopted .
7 . The Commission , therefore , presents to the Council the
    enclosed Recommendation authorising the Commission to propose
    an amendment     to the Convention on the Code with a view to
    making it possible for the Community to accede to the
    Convention as soon as possible .
                                                                    1
 ---pagebreak---                  Recommendation for a Council Decision
authorising the Commission to propose an amendment to the United
  Nations Convention on a Code of Conduct for Liner Conferences
 with a view to making it possible for the Community to accede
                          to the Convention .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community ,
Having regard to the recommendation of the Commission ,
Whereas a Review Conference on the UN-Convention on a Code of
Conduct for Liner Conferences will be held in Geneva in November
1988 to review the working of the Convention , with particular
reference to its implementation , and to consider and adopt
appropriate amendments ;
Whereas the Community has been instrumental in bringing the
Convention into force by adopting Council Regulation ( EEC ) No
954 / 79 , enabling Member States to ratify or accede to the
Convention in conformity with their obligations under Community
law ;
Whereas since that time , six Member states have become
Contracting party and other Member states have made considerable
progress on their way to accession ;
Whereas the Council , at its meeting of 8 May 1979 , agreed that
the Member States , contracting parties would table an amendment
to the Convention , with a view to making it possible for the
Community to accede to the Convention and that the Commission
would subsequently propose that the Council , acting at the
earliest possible moment , lodge the Community 's instrument of
accession to the Convention ;
Whereas while no Member state , contracting party to the Code ,
has so far tabled such an amendment , in general awaiting the
further developments of Community maritime policy ;
Whereas the Community adopted a number of other Regulations
concerning maritime transport , extending the Community 's
competence in this field and three of which are directly
relevant to the Code of Conduct ;
Whereas article 87(2 ) of the third ACP-EEC Convention invites
the Community to assist ACP States to apply the relevant
provisions of the Code , so that the accession of the Community
to the Convention on the Code of Conduct is a logical
consequence in relation to the developing countries concerned ;
 ---pagebreak---                                       2
Whereas the Review Conference seems to be the appropriate
occasion to propose the amendment to the Convention enabling the
Community to accede to the Convention ;
Whereas   under   the  circumstances  this    amendment  should be
proposed by the Commmunity , provided the Rules of procedure of
the Review Conference make this possible ;
HAS  DECIDED   as  follows  :
                                 Article  1
The Commission is to make a proposal at the Review Conference on
the united Nations Convention on a Code          of Conduct  for Liner
Conferences to amend the Convention with a view to enabling the
Community to accede to it .
                                  Article   2
If the rules of procedure adopted by the Conference do not make
it possible for the commission to submit the proposal , it shall
be submitted by the Member State holding the presidency .
                                  Article 3
The amendment referred to in Article          1 concerns  the addition of
the words " and regional international organisations to which
their Member States have transferred competences with regard to
matters governed by the present Convention " to the word " State "
( or " States ") when appropriate , i.e. in Articles 48(2 ), 49(2 ),
49(3 ),  51(1 ),  52(2 ), 52(4 ) and 53(1 ).
Done at Brussels                                  For the Council
                                                   The  President


RECOMMENDATION FOR A COUNCIL DECISION ON THE NEGOTIATING DIRECTIVES FOR THE COMMISSION WITH A VIEW TO THE NEGOCIATION CF A FISHERIES AGREEMENT WITH THE DEMOCRATIC REPUBLIC OF MADAGASCAR


title: Recommendation for a DECISION OF THE COUNCIL concerning the negotiation of an International Convention on Mutual Assistance for the Prevention, Investigation and Repression of Customs Offences Presented by the Commission to the Council

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 541
Vol. 1975/0204
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(75)541 final.
                                                   Brussels . 4 November 1975
                                                                          ( .
                                                                            !
                                                              \
                                                          \
                                Recommendation
                                    for a
                           DECISION OF THE COUNCIL
                   concerning the negotiation of an Inter
                   national Convention on Mutual Assistance
                   for th « Prevention , Investigation and
                        Repression of Customs Offences
                                                                          S
                                                                              ■ i
                   Presented by the Commission to the Council
COK ( 75 ) 5kl final .
 ---pagebreak---                            Explanatory Mémorandum
Introduction
The purpose of the attached recommendation for a Decision of the Council
is to authorise the Commission to open negotiations in the Customs
Cooperation Council ( CCC ) with regard to an International _          .  ;
Convention on Mutual Administrative Assitance for the Prevention ,
Investigation and Repression of Customs Offences and its Annexes#
The structure of this Convention which has been distributed to Contracting
Parties of the CCC is the same as that of the so called Kyoto Convention ,
that is to say , there is one common section followed by a number of
annexes , each dealing with a particular aspect of mutual assistance ,
and each having a separate identity for the purposes of voting .
Scope of the Convention and the Question of Competence
Although certain provisions of the preliminary draft Convention are of par
ticular relevance to the uniform application of Community Law , others , for
example' the provisions incorporating measures to combat traffic in
dangerous drugs , fall outside the immediate competence of Community
institutions . The draft Convention is clearly a matter for which
competence is shared , neither the Community nor the Member States having
exclusive competence over the whole range of its provisions .
However , there are matters of unmistakeable and inalienable Community
competence which justify the Commission seeking authority from the
Council to reach a common position with the Member States on those
matters and to negotiate agreements in the Customs Cooperation Council .
The first consideration of the Preamble is a clear reminder that " offences
against c'tptoms Lav/, particularly customs fraud and smuggling , are
prejudicial to the economic and fiscal interests of States and to the
lefli-I'.imate interests of trade ". That the Community has special and
particular trading interests to safeguard is beyond doubt J the common
commercial policy based on a common customs tariff , and the common •
                                                                   • • •/   •
 ---pagebreak---                                 - 2 -
 agricultural policy requiring inter alia the common organisation of
 agricultural markets and the grant of amounts financed by Community
  funds are dependent on the uniform application of Community Law . The
 objectives of those common policies and the provisions designed to
 implement them can only be said to be fulfilled if effective measures
 are taken to combat irregularities and attempted irregularities - It is
 the particular duty of the Commission , by virtue of Article 155 of
 the Treaty to safeguard those provisions . For this reason the Commission
 transmitted to the Council in 1973 a proposal for a Council Regulation
 on mutual assistance between competent authorities of the Member States
 and between the latter and the Commission for ensuring the correct
 application of Community customs and agriculture regulations!^
 In particular , Articles 2 and b of Annex I and Article I of Annex II of the
 preliminary draft Convention which deal with measures to prohibit between
 Contracting Parties exchanges of goods subject to import prohibition must
'be applied by in conformity with the Treaty of Rome . Article U of
Annex I deals with matters which have already been the subject of
 Community legislative provisions , namely Council Directive 68/312 on
the harmonisation of provisions relating to ( l ) customs treatment
of goods entering the customs territory of the Community and ( 2 ) the
temporary storage of such goods , and Community Regulation 5^2/69 on
Community transit . Article 1 of Annex III provides for the communication
on written request of information relating to the dutiable value of
goods , their tariff classification and origin . This enumeration is
not exhaustive and it is possible to find other areas where the
provisions of the draft Annexes deal with matters governed by Community
Law , and for which the Community is competent .
 ––––                                                         • • •/ •
 ( 1 ) Doc . COM(73 ) 538 final
 ---pagebreak---                                 - 3 -
At the Community level , the preliminary draft Convention drafted by the
CCC will concern mutual administrative assistance between the Community
and third countries . It is thus quite distinct from the proposal for a
regulation referred to here , since that proposal is intended to establish
mutual administrative assistance between the Member States of the Community
and between Member States and the Commission . Negotiation " in the CCC on
the setting up of a Convention on mutual assistance can therefore have no
influence on the establishment by a Community act of provisions on
mutual administrative assistance within the Community .
Need for Community action
The importance of measures to combat irregularities for the correct
application of Community law , and in particular the common commercial
policy has already been stated . The Community interest being thus
identified it is necessary to ensure that account is taken of it in
negotiations with the CCC . Article 113 of the EEC Treaty states that
where agreements with third countries need to be negotiated , the
Commission shall make recommendations to the Council * which shall
authorise the Commission to open the necessary negotiations . Hence the
attached recommendation .
                                                                           k
Conclusion
The Commission recommends that the Council , by virtue of Article J.13
of EEC Treaty , authorise the Commission to negotiate the drawing up of
an International Convention on Mutual Administrative Assistance for
the Prevention , Investigation and Repression of Customs Offences and
its Annexes . Following the precedent followed with regard to the
                                                        *)
                                                         /  i 1 n   î
negotiation of several annexes to the Kyoto Convention the Commission
proposes one sinle decision of the Council , rather than a number of
sépara te acts .
*) C0M(7if ) 1768 final
 ---pagebreak---                             Recommandation
                               for a
                      DECISION OF THE COUNCIL
            concerning the negotiation of an International
            Convention on Mutual Assistance for the Pre -             •
            vention , Investigation and Repression of Customs
                               Offences
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ;
Having regard to the recommendation of the Commission ,
Whereas the drawing up of an International Convention on Mutual
Administrative Assistance for the Prevention , Investigation and
Repression of Customs Offences and its Annexes can make an effective
contribution in the fight against customs offences and in
the protection of the economic and trading interests of the Community and
its Member states ;
Whereas such a Convention will directly affect the uniform application
of the Common' Customs Tariff , the Community 's miles on customs
matters , the Community 's commercial policy and its common agricultural
policy ; whereas  it   must take into account the essential requirements of
the customs union ; whereas therefore the Community should negotiate and
become a party to such a Convention .         " " .
HAS DECIDED :
 ---pagebreak---                                  - 2 -
                                Sole Article
The Commission is hereby authorised to conduct negotiations within the
Customs Cooperation Council with a view to the drawing up of an
 International Convention on Mutual Administrative Assistance
for the Prevention , Investigation and Repression of Customs Offences.
 The text of the preliminary draft of this Convention and its Annexes is *
  annexed to this Decision .
The Commission shall conduct these negotiations in consultation with
the Special Committee provided for by Article 113 of the EEC Treaty
which shall assist it in this task .
                                                Done at Brussels
                                                For the Council
                                                The President
List of Annexes :
Preliminary draft International Convention on Mutual Administrative
Assistance for the Prevention , Investigation and Repression of Customs
Offences and its Annexes .


COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(94) 551 final
                                                      Brussels, 05.12.1994
                              Recommendation for a
                                 COUNCIL DECISION
                     authorizing the Commission to sign an
   Agreement for scientific and technological cooperation between the European
   Community and Canada
                          (presented by the Commission)
 ---pagebreak---                              EXPLANATORY MEMORANDUM
1. Scientific and technological cooperation between the European Community and Canada began
   in 1959 with the signature of an agreement between the European Atomic Energy Community
   and the Canadian Government for cooperation in peaceful uses of atomic energy.
   In September 1976 a Framework Agreement for commercial and economic cooperation
   between the European Communities and Canada was concluded. This Agreement provided also
   for and encouraged technological and scientific exchanges between both parties, leading to the
   signature of various specific agreements covering selected areas of mutual interest.
   In 1989 Canada requested the opening of negotiations for the conclusion of a specific
   agreement on science and technology which would cover research areas falling under both the
   EEC and EURATOM Treaties. After further exploratory discussions with the Canadian
   authorities, and while waiting for negotiating directives for a cooperation agreement with
   Australia in the area of science and technology, the Commission asked Council on
    18 December 1992 for negotiating directives for an agreement on scientific and technological
   cooperation between the European Economic Community, the European Atomic Energy
   Community and Canada (doc. SEC(92)2359).
   During subsequent deliberations in the Council it was decided to limit the scope of the
   envisaged Agreement to activities falling under the EEC Treaty, and this for both legal and
   procedural reasons. On 19 April 1993 Council authorized the Commission to negotiate the
   agreement in question.
3. The negotiations resulted in the attached draft agreement, including its annex on the
   dissemination and utilization of information and management, allocation and exercise of
   intellectual property rights.
   The draft Agreement provides for :
   - the participation of persons and legal entities, including the Parties themselves, universities,
      research institutes, and other bodies or undertakings, in research projects conducted by
      Canada or the Community in a restricted number of research areas;
   - the shared use of research facilities;
   - visits and exchanges of scientists, engineers and other appropriate personnel;
   - the exchange of information;
 ---pagebreak---    other activities as may be jointly determined by the Joint Science and Technology
   Cooperation Committee in accordance with the applicable policies and programmes of the
   Parties;
   the endorsement by the Parties of Technology Management Plans as a condition for research
   projects to proceed, as described in the Annex to the draft Agreement;
   cooperative activities to be subject to the availability of funds and to the applicable laws and
   regulations, policies and programmes of Canada and the Community; no transfer of funds
   will take place.
As regards the management of the draft Agreement it is foreseen that participation in each
other's research projects will take place in accordance with the procedures in force for each
Party [Article 5.a. 1], which implies on the Community's side the full part to be played by the
committees of the specific programmes in the selection of projects which will be the subject
of cooperation. It should also be underlined that the Commission has been able to have the
Community's guiding principles on the dissemination and utilization of information and
management, allocation and exercise of intellectual property rights accepted by the Canadian
side.
In the light of the above mentioned considerations the Commission proposes that the Council
- decide that the Agreement be signed on behalf of the Community and
- authorize the President of the Council to appoint the persons duly empowered to sign on
behalf of the Community.
                                                                                *
After signature by the parties, the Commission will submit to the Council a proposal for the
approval of the Agreement.
                                        x
 ---pagebreak---                   AGREEMENT
FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION
BETWEEN CANADA AND THE EUROPEAN COMMUNITY
                      3>
 ---pagebreak--- THE GOVERNMENT OF CANADA of the one part, and the Council of the
European Union on behalf of the European Community, 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 Canada and the European Community, herein after "the
Community", are pursuing 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 or technological areas under the Canada-European
Communities Framework Agreement for Commercial and Economic Cooperation
signed in 1976;
Having regard to the Declaration on European Community-Canada Relations
adopted on November 22, 1990; and
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 purpose of this Agreement is to encourage and facilitate cooperation
between Canada and the Community in fields of common interest where the
Parties are supporting research and development activities to advance science
and/or technology relevant to those fields of interest.
                                        \
 ---pagebreak---                                      ARTICLE 2
                                     Definitions
For the purposes of this Agreement:
a)     "Cooperative activity" means any activity carried on under this
       Agreement, and includes joint research;
b)     "Information " means scientific or technical data, results or methods of
       research and development stemming from the joint research, and any
       other information deemed necessary by the participants engaged in
       cooperative activity, including, where necessary, the Parties themselves;
c)     "Intellectual Property" shall have the meaning defined in Article 2 of the
       Convention establishing the World Intellectual Property Organization,
       done at Stockholm, 14 July, 1967;
d)     "Joint research" means research that is financially supported by either or
       by both Parties and that involves collaboration by participants from both
       Canada and the Community;
e)     "Participant" means any person, legal entity, university, research institute
       or any other body or undertaking participating in a cooperative activity,
       including the Parties themselves.
                                     ARTICLE 3
                                      Principles
Cooperation shall be conducted on the basis of the following principles:
a)     mutual benefit;
b)     timely exchange of information which may affect the actions of
       participants in cooperative activities;
c)     within the framework of applicable laws and regulations, effective
       protection of intellectual property and equitable sharing of intellectual
       property rights, as set out in the Annex, which forms an integral part of
       this Agreement;
d)     balanced realisation of economic and social benefits by Canada and the
       Community in view of the contributions made to cooperative activities by
       the respective participants and/or Parties.
                                          5
 ---pagebreak---                                       ARTICLE 4
                                 Areas of Cooperation
a. Cooperation may be pursued in the following areas :
1)     agriculture, including fisheries;
2)     medical and health research;
3)     non-nuclear energy;
4)     environment, including earth observation;
5)     forestry;
6)     information technologies;
7)     communication technologies;
8)     telematics for economic and social development;
9)     mineral processing;
b. Other areas may be added to this list upon review and recommendation by
the Joint Science and Technology Cooperation Committee and subject to
decisions in accordance with procedures in force for each Party.
                                      ARTICLE 5
                              Modalities of Cooperation
a. Cooperation may include the following activities:
1)     participation of persons and legal entities, including the Parties
       themselves, universities, research institutions, and other bodies or
       undertakings, in research projects of Canada or the Community, in
       accordance with the procedures in force for each Party;
2)     shared use of research facilities;
3)     visits and exchanges of scientists, engineers or other appropriate
       personnel for the purposes of participating in seminars, symposia and
        workshops relevant to cooperation under this Agreement;
4)      exchange of information on practices, laws, regulations and programmes
        relevant to cooperation under this Agreement;
 5)     othe" activities as may be mutually determined by the Joint Science and
       Technology Cooperation Committee in accordance with the applicable
        policies and programmes of the Parties.
                                           é
 ---pagebreak--- b. Joint research projects shall proceed under this Agreement only after the
participants in a project have concluded a Joint Technology Management Plan,
as indicated in the Annex to this Agreement.
                                      ARTICLE 6
           Joint Science and Technology Cooperation Committee (JSTCC)
a)     This Agreement shall be administered by a Joint Science and Technology
       Cooperation Committee composed of representatives of each Party.
b)     The functions of the JSTCC shall be t o :
        1)     Promote and review the activities envisaged under the Agreement;
       2)      Make recommendations pursuant to Article 4 (b);
       3)      Authorise activities falling under Article 5 (a.5) as being
               cooperation to which this Agreement applies;
       4)      Advise the Parties on ways to enhance cooperation consistent w i t h
               the principles set out in this Agreement;
        5)     Provide a report annually to the Parties on the level, status and
               effectiveness of cooperation undertaken under this Agreement;
        6)      Review the efficient and effective functioning of the Agreement.
c)     The JSTCC shall meet approximately once a year, meetings being held
       alternately in Canada and the Community. Other meetings may be held
       as mutually agreed.
d)      Decisions of the JSTCC 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 by those
       persons selected from each side to jointly chair the meetings. The JSTCC
       annual report shall be made available to the Joint Cooperation Committee
        established under the 1976 EC-Canada Framework Agreement for
        Commercial and Economic Cooperation and appropriate Ministers of each
        Party.
                                            7-
 ---pagebreak---                                      ARTICLE 7
                                      Funding
a)     Cooperative activities shall be subject to the availability of funds and to
       the applicable laws and regulations, policies and programs of Canada and
       the Community.
b)     Costs incurred by participants in cooperative activities subject to this
       Agreement shall not require any transfer of funds from one Party to the
       other.
                                     ARTICLE 8
                          Entry of Personnel and Equipment
Each Party shall take all reasonable steps and use its best efforts, within
existing laws and regulations, to facilitate entry to and exit from its territory of
personnel, material and equipment of the participant(s) engaged in or used in
cooperative activities under this Agreement.
                                     ARTICLE 9
                     Dissemination and Utilization of Information
The dissemination and utilization 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 to this Agreement.
                                     ARTICLE 10
                    Other Agreements and Transitional Provisions
a)     This Agreement shall supersede and replace those provisions of the
        Canada-European Community Framework Agreement for Commercial and
        Economic Cooperation governing existing science and technology
        collaboration.
b)      The Parties shall endeavour to bring under the terms of this Agreement
        those existing arrangements for scientific and technological cooperation
        between Canada and the Community that fall under the scope of Article
        4.
c)      Subject to paragraph 10 (a), this Agreement is without prejudice to other
        existing Agreements or arrangements between the Parties or any
        Agreement or arrangement between the Parties and third parties.
 ---pagebreak---                                       ARTICLE 11
                                 Territorial Application
This Agreement shall apply to the territory of Canada and to the territories in
which the Treaty establishing the European Community is applied and under the
conditions laid down in that Treaty. This shall not prevent the conduct of
cooperative activities on the high seas, outer space, Antarctica, or the territory
of third parties, if the participants so agree.
                                      ARTICLE 12
                           Entry into Force and Termination
a)     This Agreement shall enter into force on the date on which the Parties
        have notified each other in writing that their legal requirements for entry
        into force of this Agreement have been fulfilled.
b)     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 legal requirements have been
        fulfilled.
c)      This Agreement may be terminated at any time by either Party upon
        twelve 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.
                                      ARTICLE 13
This Agreement is drawn up in duplicate in the Danish, Dutch, English, French,
German, Greek, Italian, Portuguese and Spanish languages, each of these texts
being equally authentic.
                                             3
 ---pagebreak--- IN WITNESS WHEREOF the undersigned have signed this Agreement.
DONE AT             , this  day of             , One thousand nine
hundred and ninety four.
FOR THE GOVERNMENT OF CANADA          FOR THE EUROPEAN COMMUNITY
                                   AD
 ---pagebreak---    ANNEX ON THE DISSEMINATION AND UTILIZATION OF INFORMATION
            AND MANAGEMENT, ALLOCATION AND EXERCISE OF
                        INTELLECTUAL PROPERTY RIGHTS
I.    OWNERSHIP. ALLOCATION AND EXERCISE OF RIGHTS
1.    All research carried out pursuant to this Agreement shall be "joint research". The
      participants performing the joint research shall develop Joint Technology
      Management Plans (JTMPs) which shall contain, as a minimum, principles in
      respect of the ownership and use, including publication, of information and
      Intellectual Property (IP) to be created in the course of the joint research*.
      The JTMPs may be reviewed by the Parties and shall be approved by the
      responsible funding agency or department of the Party involved in financing the
      research, before the conclusion of any specific research and development
      cooperation contracts to which they refer. The JTMPs shall be developed taking
      into account the aims of the joint research, the relative contributions of the
      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 and information generated by
      visiting researchers in respect of IP shall also be addressed in the JTMPs.
2.    Information or IP created in the course of joint research and not addressed in a
      JTMP shall be allocated following the procedures set out in 1,1 according to the
      principles set out in that JTMP. In case of disagreement, which cannot be
      resolved by the agreed dispute resolution procedure, such unallocated information
      or IP shall be owned jointly by all the participants involved in the joint research
      from which the information or IP results, and each participant to whom this
      provision applies shall have the right to use such information or IP for his/her own
      commercial exploitation with no geographical limitation.
3.    In accordance with applicable laws, each Party shall ensure that the other Party
      and its participants may have the rights to IP allocated to them in accordance with
      the principles set out in section I of this Annex.
4.    While maintaining the conditions of competition in areas affected by the
      Agreement, each Party shall endeavour to ensure that rights acquired pursuant to
      the Agreement, and arrangements made under it, are exercised in such a way as to
      encourage in particular:
       (i)     the dissemination and use of information created, disclosed, or otherwise
               made available, under the Agreement;
       (ii)    the adoption and implementation of international standards.
      The indicative features of such JTMPs are set out in Appendix
                                                 //
 ---pagebreak--- II.     COPYRIGHT WORKS
Copyright belonging to the Parties or to their participants shall be accorded treatment
consistent with the Berne Convention (Paris Act 1971).
III.    SCIENTIFIC LITERARY WORKS
Without prejudice to Section IV, unless otherwise agreed in the JTMP, any publication of
results of the joint research shall be made jointly by the participants. In addition to the
foregoing general rule, the following procedure 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 shall be entitled,
        with written permission from the publisher, to a world-wide, non-exclusive,
        irrevocable, royalty-free licence 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 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 or
        authors expressly declines or decline to be named. Copies shall also bear a clearly
        visible acknowledgement of the cooperative support of the Parties.
IV.     UNDISCLOSED INFORMATION
A.      Documentary undisclosed information
 1.     Each Party or its participants shall identify at the earliest possible moment, and
        preferably in the JTMP, the information that it wishes to remain undisclosed in
        relation to this Agreement, taking into account, among other things, the following
        criteria:
                 secrecy of the information in the sense that the information 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 field;
                the actual or potential commercial value of the information by virtue of its
                 secrecy;
                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.
                                                   /i
 ---pagebreak--- 2.      Participants shall not normally be required to provide undisclosed information to
        the Parties. Should the Parties become aware of such information, they shall
        respect the privileged nature thereof, and it shall not be further disclosed by,
        within, or between the Parties, without the written consent of the participant(s) to
        whom the information belongs. These limitations shall automatically terminate
        when such information is disclosed by the owner, without restriction, to experts in
        the field.
3.      Each Party shall ensure that undisclosed information, communicated between them
        under the Agreement, and its ensuant privileged nature is readily recognizable as
        such by the other Party, 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.
4.      Undisclosed information communicated under the Agreement, and received from
        the other Party, 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 authorized for the specific purposes of the joint research
        underway, provided that any undisclosed information so disseminated shall be
        pursuant to a written agreement of confidentiality and shall be readily recognizable
        as such, as set out above.
5.      With the prior written consent of the Party providing undisclosed information
        under the Agreement, the receiving Party may disseminate such undisclosed
        information more widely than otherwise permitted in Paragraph 3 above. 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 information
Non-documentary undisclosed or other confidential or privileged information provided in
seminars and other meetings arranged under the 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 in Section IV A above, 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.
                                                  '3
 ---pagebreak--- C. Control
Each Party shall make its best efforts to ensure that undisclosed information received by it
under the Agreement shall be controlled as provided therein. If one of the Parties
becomes aware that it will be, or may reasonably be expected to become, unable to meet
the non-dissemination provisions of Paragraphs A and B above, it shall immediately
inform the Party likely to be affected by the dissemination. The Parties involved shall
thereafter consult to define an appropriate course of action.
                                              /q
 ---pagebreak---                                                                                APPENDIX
                             INDICATIVE FEATURES OF A
                JOINT TECHNOLOGY MANAGEMENT PLAN (JTMP)
The JTMP is a specific contract to be concluded between the participants in joint research
defining their respective rights and obligations. With respect to Intellectual Property
Rights, the JTMP will normally address, inter alia: 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 JTMP may also address foreground and background
information, the rules governing disclosure of undisclosed information, licensing and
deliverables.
                                                 '5
 ---pagebreak---                                  FINANCIAL STATEMENT
1. Title of the operation
International scientific cooperation : cooperation agreement in science and technology with
Canada.
2. Relevant budget headings
Travel costs for EC officials will be charged to the specific budget headings of the
programmes within the Community RTD framework programme.
3. Legal basis
Article 130i and m and Article 228 of the EC Treaty
4. Description of the operation
4.1.    Specific objectives of the operation
The essential objective is to stimulate RTD cooperation between the EC and Canada in terms
of research projects covered by the framework programme and in the sectors covered by the
Agreement.
4.2.    Duration
Unspecified : ongoing annual budget entry (the cooperation agreement includes a clause by
which either or both parties can give notice of terminating the agreement), but subject to
annual budget disponibilities.
5. Classification of the expenditure
5.1.    Non-compulsory expenditure
5.2.    Differentiated appropriations
6. Type of expenditure
 100 % subsidy
(Missions to Canada by Commission officials; organization of workshops, seminars and
meetings in Europe and Canada).
                                                   )G
 ---pagebreak--- 7. Financial impact
Method of calculating the total annual cost of the operation (estimate)
a. Preparatory activities, review of the cooperation : meeting of the Joint Science and
   Technology Cooperation Committee, exchange of information, visits of officials and
   experts in Canada                                                              25.000 Ecus
b.Scientific and technical workshops/meetings                                     30.000 Ecus
                                                            Total :          55.000 Ecus/year
8. Planned anti-fraud measures
Controls by officials technically responsible for the operation (scientific and budgetary
aspects).
9. Cost-effectiveness analysis
9.1.    Specific objectives, target population
-   The agreement is designed to enable the Community and Canada to profit on the basis
   of the principle of mutual benefit, from the scientific and technical progress achieved
    under their reciprocal research programmes, via the participation of the Canadian
    scientific community and industrial sector in the Community's research projects and via
   the independent and non-subsidized participation of bodies established in the Community
   in Canadian research projects;
-   beneficiaries in the EC and Canada will be the scientific communities, the industrial
    sector and the general public, thanks to the direct and indirect effects of cooperation.
                                                 ' 7-
 ---pagebreak--- 9.2.    Justification of the operation
Community budget intervention is indispensable because the planned cooperation comes
under the implementation of the framework programme, including the budgetary section :
participation by Canada in certain specific programmes and administrative expenditure on the
European side (missions by Community officials, organization of seminars in the Community
and Canada.
9.3.    Monitoring and evaluation of the operation
The cooperation agreement will be evaluated regularly by the Commission services
concerned. The evaluation will comprise the following elements :
a. Collection of information :
On the basis of data from the specific programmes of the framework programme.
b. Overall evaluation of the operation :
An evaluation of all the cooperation activities in the context of this agreement will be made
by the Commission's departments at the end of each year.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (94) 551 final
                                                      DOCUMENTS
EN                                                                         15 l i
                                Catalogue number : CB-CO-94-578-EN-C
                                                             ISBN 92-77-83070-0
Office for Official Publications of the European Communities
1^2985 Luxembourg