title: Recommendation of the EFTA Surveillance Authority No 193/04/COL of  14 July 2004  on notifications, time limits and consultations provided for in Article 7 of Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services

text:
               27.4.2006

               EN

               Official Journal of the European Union

               L 113/10

      RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY

   No 193/04/COL
   of 14 July 2004
   on notifications, time limits and consultations provided for in Article 7 of Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services
   THE EFTA SURVEILLANCE AUTHORITY,
   Having regard to the Agreement on the European Economic Area (1),
   Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5(2)(b) thereof,
   Having regard to the Act referred to at point 5cl of Annex XI to the EEA Agreement and as adapted to the Agreement by Protocol 1 thereto and by the sectoral adaptations contained in Annex XI to that Agreement (Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communication networks and services), and in particular Article 19(1) thereof,
   Whereas:

               (1)

               Under the new regulatory framework for electronic communications networks and services, national regulatory authorities have an obligation to contribute to the development of the internal market by, inter alia, cooperating with each other and with the Authority in a transparent manner to ensure the development of consistent regulatory practice and the consistent application of the Directives making up the new regulatory framework.

               (2)

               In order to ensure that decisions at national level do not have an adverse effect on the functioning of the EEA Agreement or the objectives pursued by the new regulatory framework, national regulatory authorities must notify to the EFTA Surveillance Authority (hereinafter the Authority) and other national regulatory authorities within the European Economic Area (EEA) those draft measures identified in Article 7(3) of Directive 2002/21/EC (Framework Directive).

               (3)

               As an additional requirement, national regulatory authorities must obtain the Authority's authorisation for obligations covered by the second subparagraph of Article 8(3) of Directive 2002/19/EC of the European Parliament and of the Council (Access Directive), referred to at point 5cj of Annex XI to the EEA Agreement and as adapted to the Agreement by Protocol 1 thereto and by the sectoral adaptations contained in Annex XI to that Agreement, which constitutes a separate process.

               (4)

               The Authority will give national regulatory authorities, if they so request, an opportunity to discuss any draft measure, before formal notification thereof under Article 7 of Directive 2002/21/EC (Framework Directive) and Article 8(3) of Directive 2002/19/EC (Access Directive). If, pursuant to Article 7(4) of Directive 2002/21/EC (Framework Directive), the Authority has indicated to the national regulatory authority that it considers that the draft measure would create a barrier to the functioning of the EEA Agreement or if it has serious doubts as to its compatibility with the EEA law, the national regulatory authority concerned will be given an early opportunity to express its views in relation to the issues raised by the Authority.

               (5)

               Directive 2002/21/EC (Framework Directive) lays down certain binding time limits for the consideration of notifications under Article 7.

               (6)

               In order to facilitate and ensure the effectiveness of the cooperation and consultation mechanism set out in Article 7 of Directive 2002/21/EC (Framework Directive) and in the interests of legal certainty, clear rules are needed for the notification process and the examination by the Authority of a notification and for calculating the legal time limits referred to above.

               (7)

               It would likewise be beneficial to clarify procedural arrangements in the context of the second subparagraph of Article 8(3) of Directive 2002/19/EC (Access Directive).

               (8)

               In order to simplify and expedite the examination of a notified draft measure, it is desirable for national regulatory authorities to use a standard format for notifications (summary notification form).

               (9)

               By common accord between the EFTA States, the English language is to be used as the working language for all communications between the EFTA States and the Authority. This is without prejudice to the rights of private parties and undertakings to submit documents in any of the EEA languages, as provided for by the EEA Agreement.

               (10)

               In order to comply with the objectives laid down in Article 8 of Directive 2002/21/EC (Framework Directive), and in particular with the need to ensure the development of consistent regulatory practices and the consistent application of that Directive, it is essential that the notification mechanism laid down in Article 7 thereof is fully respected and as effective as possible.

               (11)

               In order to allow for a consistent application of the new regulatory regime across the whole of the EEA and to reap the full benefits of the cooperation between the national regulatory authorities, it is vital that the flow of information between both the EFTA and the EC pillar of the EEA is ensured. A specific adaptation to Article 7(3) of Directive 2002/21/EC (Framework Directive) to this effect contained in EEA Joint Committee Decision No 11/2004 provides that ‘The exchange of information between the national regulatory authorities of the EFTA States on the one hand and the national regulatory authorities of the EC Member States on the other hand shall pass through the EFTA Surveillance Authority and the Commission.’

               (12)

               The EFTA Communications Committee has delivered its favourable opinion in accordance with Article 22(2) of Directive 2002/21/EC (the Framework Directive),

         HEREBY RECOMMENDS THAT:

               1.

               Terms defined in Directive 2002/21/EC (Framework Directive) and the specific directives have the same meaning when used in this Recommendation. In addition:

                           —

                           ‘Recommendation on relevant markets’ means the Authority's Recommendation 194/04/COL on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services;

                           —

                           ‘Notification’ means the notification to the Authority by a national regulatory authority of a draft measure pursuant to Article 7(3) of Directive 2002/21/EC (Framework Directive) or a request pursuant to the second subparagraph of Article 8(3) of Directive 2002/19/EC (Access Directive), accompanied by the summary notification form as provided in this Recommendation (Annex I).

               2.

               Notifications should be effected, where possible, by electronic means.
               The Authority will operate an electronic system to receive notifications. In this case, national regulatory authorities shall use this system exclusively.
               Documents sent by electronic means will be presumed to have been received by the addressee on the day on which they were sent or submitted to the electronic system.
               Subject to point 6 below, notifications and supporting documents will be registered in the order in which they have been received.

               3.

               Notifications will become effective on the date on which the Authority registers them (‘date of registration’). The date of registration will be the date on which a complete notification is received by the Authority.
               Notice will be given on the Authority's website and by electronic means to all national regulatory authorities of the date of registration of the notification, the subject matter of the notification and of any supporting documentation received.

               4.

               Draft national measures, together with the reasoning on which the measure is based, as well as the summary notification form, should be in the English language.

               5.

               Draft measures notified by a national regulatory authority should be accompanied by the documentation necessary for the Authority to carry out its tasks. Draft measures should be sufficiently reasoned.

               6.

               Notifications should include each of the following where applicable:

                           (a)

                           the relevant product or service market;

                           (b)

                           the relevant geographic market;

                           (c)

                           the main undertaking(s) active on the relevant market;

                           (d)

                           the results of the analysis of the relevant market, in particular the findings as to the presence or absence of effective competition therein, together with the reasons therefor;

                           (e)

                           where appropriate, the undertaking(s) to be designated as having, individually or jointly with others, significant market power within the meaning of Article 14 of Directive 2002/21/EC (Framework Directive) and the reasoning, evidence and/or any other relevant factual information in support of such designation;

                           (f)

                           the results of prior public consultation carried out by the national regulatory authority;

                           (g)

                           the opinion issued by the national competition authority, where provided;

                           (h)

                           elements to show that at the time of notification to the Authority, appropriate steps have been taken to notify the draft measure to national regulatory authorities in all other EEA EFTA States, to the extent any electronic system operated by the Authority does not ensure such notification;

                           (i)

                           in the case of notification of draft measures which fall within the scope of Articles 5 or 8 of Directive 2002/19/EC (Access Directive) or Article 16 of Directive 2002/22/EC of the European Parliament and of the Council (Universal Service Directive) (2), the specific regulatory obligation(s) proposed to address the lack of effective competition in the relevant market concerned or, in the case where a relevant market is found to be effectively competitive and such obligations have already been imposed in relation to it, the measures proposed to withdraw those obligations.

               7.

               Where a draft measure defines, for the purposes of the market analysis, a relevant market which differs from those in the Recommendation on relevant markets, national regulatory authorities should provide sufficient reasoning as to the criteria relied upon for such a market definition.

               8.

               Notifications made in accordance with the second paragraph of Article 8(3) of Directive 2002/19/EC (Access Directive) should also contain adequate reasoning as to why obligations other than those listed in Articles 9 to 13 thereof should be imposed on operators with significant market power.

               9.

               Notifications falling within the scope of Article 8(5) of Directive 2002/19/EC (Access Directive) should also contain adequate reasoning as to why the intended measures are required in order to comply with international commitments.

               10.

               Notifications that include the applicable information within the meaning of point 6 will be presumed complete. Where the information, including documents, contained in the notification is incomplete in a material respect, the Authority will within five working days of receipt inform the national regulatory authority concerned and specify the extent to which it considers the notification to be incomplete. The notification will not be registered for so long as the national regulatory authority concerned has not provided the necessary information. In such cases for the purposes of Article 7 of Directive 2002/21/EC (Framework Directive) the notification will become effective on the date on which the Authority receives the complete information.

               11.

               Without prejudice to point 6 above, following registration of a notification, the Authority, in accordance with Article 5(2) of Directive 2002/21/EC (Framework Directive), may seek further information or clarification from the national regulatory authority concerned. National regulatory authorities should endeavour to provide the information requested within three working days, where this is readily available.

               12.

               Where the Authority makes comments in accordance with Article 7(3) of Directive 2002/21/EC (Framework Directive), it will notify the national regulatory authority concerned by electronic means and publish such comments on its website.

               13.

               Where a national regulatory authority makes comments in accordance with Article 7(3) of Directive 2002/21/EC (Framework Directive), it shall communicate those comments by electronic means to the Authority and the other national regulatory authorities.

               14.

               Where the Authority in applying Article 7(4) of Directive 2002/21/EC (Framework Directive) considers that a draft measure would create a barrier to the functioning of the EEA Agreement or it has serious doubts as to its compatibility with EEA law, and in particular the objectives referred to in Article 8 of Directive 2002/21/EC (Framework Directive); or subsequently

                           (a)

                           withdraws the objections mentioned above, or

                           (b)

                           takes a decision requiring a national regulatory authority to withdraw the draft measure,

                     it will notify the national regulatory authority concerned by electronic means and post a notice on its website.

               15.

               With regard to notifications made pursuant to the second paragraph of Article 8(3) of Directive 2002/19/EC (Access Directive), the Authority, acting in accordance with Article 14(2) thereof will normally take a decision authorizing or preventing the national authority from adopting the proposed draft measure within a period not exceeding three months. The Authority may decide to extend this period for a further two months in view of the difficulties raised.

               16.

               A national regulatory authority may at any time decide to withdraw the notified draft measure, in which case the notified measure will be removed from the register. The Authority will publish an appropriate notice to that effect on its website.

               17.

               Where a national regulatory authority that has received comments from the Authority or another national regulatory authority made in accordance with Article 7(3) of Directive 2002/21/EC (Framework Directive), adopts the draft measure, on the Authority's request it shall provide information to the Authority and other national regulatory authorities of the manner in which it took the utmost account of the comments made.

               18.

               When requested by a national regulatory authority, the Authority will informally discuss a draft measure prior to notification.

               19.

               Any period of time referred to in Directive 2002/21/EC (Framework Directive) or in this Recommendation will be calculated as follows:

                           (a)

                           where a period expressed in days, weeks or months is to be calculated from the moment at which an event occurs, the day during which that event occurs shall not be counted as falling within the period in question;

                           (b)

                           a period expressed in weeks or in months shall end with the expiry of whichever day in the last week or month is the same day of the week or falls on the same date as the day during which the event from which the period is to be calculated occurred. If in a period expressed in months the day on which it should expire does not occur in the last month, the period shall end with the expiry of the last day of that month;

                           (c)

                           time periods shall include public holidays, Saturdays and Sundays, save where these are expressly excluded or where the periods are expressed in working days;

                           (d)

                           public holidays means all days designated as such by the EFTA State concerned or by the Authority;

                           (e)

                           working days means all days other than public holidays, Saturdays and Sundays.

                     Where the time period would end on a Saturday, Sunday or public holiday, it shall be extended until the end of the first following working day.
               The Authority publishes a list of public holidays designated by the EFTA States and by the Authority each year in the EEA Supplement to the Official Journal of the EU. The EFTA States shall transmit a list of public holidays to the Authority upon request.

               20.

               The Authority, together with the national regulatory authorities, will evaluate the necessity of reviewing these rules, in principle no earlier than 1 September 2005.

               21.

               This Recommendation is addressed to the EFTA States.

      Done at Brussels, 14 July 2004.

            For the EFTA Surveillance Authority

         Hannes HAFSTEIN

            President

      (1)  Hereinafter referred to as the EEA Agreement.

      (2)  Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive), as referred to at point 5cm of Annex XI to the EEA Agreement and as adapted by Protocol 1 thereto and by the sectoral adaptations contained in Annex XI to that Agreement.

      ANNEX
      FORM RELATING TO NOTIFICATIONS OF DRAFT MEASURES PURSUANT TO ARTICLE 7 OF DIRECTIVE 2002/21/EC (FRAMEWORK DIRECTIVE)
      (‘Summary Notification Form’)
      Introduction
      This form specifies the summary information to be provided by national regulatory authorities to the Authority when notifying draft measures in accordance with Article 7 of Directive 2002/21/EC (Framework Directive).
      The Authority intends to discuss with national regulatory authorities issues related to the implementation of Article 7, especially during pre-notification meetings. Accordingly, national regulatory authorities are encouraged to consult the Authority on any aspect of this form and in particular on which kind of information they are requested to supply or conversely the possibility to dispense with the obligation to provide certain information in relation to the market analysis carried out by national regulatory authorities pursuant to Articles 15 and 16 of Directive 2002/21/EC (Framework Directive).
      Correct and complete information
      All information submitted by national regulatory authorities should be correct and complete and reproduced in a summarised manner in the form prescribed below. The form does not intend to replace the notified draft measure but should enable the Authority and the national regulatory authorities of other EEA States to verify that the notified draft measure does indeed contain, by reference to the information contained in the form, all information which is necessary in order for the Authority to carry out its tasks under Article 7 of Directive 2002/21/EC (Framework Directive) within the time period prescribed therein.
      The information required by this form should be set out in the sections and paragraph numbers of the form with cross-references to the body of the draft measure where this information is to be found.
      SUMMARY NOTIFICATION FORM
      SECTION 1
      Market definition
      Please state where applicable:

                  1.1.

                  the affected relevant product/service market. Is this market mentioned in the Recommendation on relevant markets?

                  1.2.

                  the affected relevant geographic market;

                  1.3.

                  a brief summary of the opinion of the national competition authority where provided;

                  1.4.

                  a brief overview of the results of the public consultation to date on the proposed market definition (for example, how many comments were received, which respondents agreed with the proposed market definition, which respondents disagreed with it);

                  1.5.

                  where the defined relevant market is different from those listed in the Recommendation on relevant markets, a summary of the main reasons which justified the proposed market definition by reference to Section 2 of the Authority's Guidelines on the definition of the relevant market and the assessment of significant market power (1), and the three main criteria mentioned in recitals 12 to 19 of the Recommendation on relevant markets.

            SECTION 2
      Designation of undertakings with significant market power
      Please state where applicable:

                  2.1.

                  the name(s) of the undertaking(s) designated as having individually or jointly significant market power.
                  Where applicable, the name(s) of the undertaking(s) which is (are) considered to no longer have significant market power;

                  2.2.

                  the criteria relied upon for deciding to designate or not an undertaking as having individually or jointly with others significant market power;

                  2.3.

                  the name of the main undertakings (competitors) present/active in the relevant market;

                  2.4.

                  the market shares of the undertakings mentioned above and the basis of their calculation (e.g., turnover, number of subscribers).

            Please provide a brief summary of:

                  2.5.

                  the opinion of the national competition authority, where provided;

                  2.6.

                  the results of the public consultation to date on the proposed designation(s) as undertaking(s) having significant market power (e.g., total number of comments received, numbers agreeing/disagreeing).

            SECTION 3
      Regulatory obligations
      Please state where applicable:

                  3.1.

                  the legal basis for the obligations to be imposed, maintained, amended or withdrawn (Articles 9 to 13 of Directive 2002/19/EC (Access Directive));

                  3.2.

                  the reasons for which the imposition, maintenance or amendment of obligations on undertakings is considered proportional and justified in the light of the objectives laid down in Article 8 of Directive 2002/21/EC (Framework Directive). Alternatively, indicate the paragraphs, sections or pages of the draft measure where such information is to be found;

                  3.3.

                  if the remedies proposed are other than those set out in Articles 9 to 13 of Directive 2002/19/EC (Access Directive), please indicate which are the ‘exceptional circumstances’ within the meaning of Article 8(3) thereof which justify the imposition of such remedies. Alternatively, indicate the paragraphs, sections or pages of the draft measure where such information is to be found.

            SECTION 4
      Compliance with international obligations
      In relation to the third indent of the first subparagraph of Article 8(3) of Directive 2002/19/EC (Access Directive), please state where applicable:

                  4.1.

                  whether the proposed draft measure intends to impose, amend or withdraw obligations on market players as provided for in Article 8(5) of Directive 2002/19/EC (Access Directive);

                  4.2.

                  the name(s) of the undertaking(s) concerned;

                  4.3.

                  which are the international commitments entered into by the EFTA State that need to be respected.

         (1)  Authority guidelines on market analysis and the assessment of significant market power under the Community regulatory framework for electronic communications and services.


				|

		52012DC0027

			RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL on the approval of an Agreement for cooperation in the peaceful uses of nuclear energy between the European Atomic Energy Community (Euratom) and the Government of South Africa /* COM/2012/027 final */

			   	RECOMMENDATION FROM THE COMMISSION TO
THE COUNCIL
on the approval of an Agreement for
cooperation in the peaceful uses of nuclear energy between the European Atomic
Energy Community (Euratom) and the Government of South Africa
1.           Introduction
The Agreement between the Euratom Atomic
Energy Community ("Community) and the Government of South Africa ("South
Africa") for cooperation in the peaceful uses of atomic energy covers most
fields of mutual interest.
The Agreement provides for a broad
cooperation in the area of peaceful uses of nuclear energy setting up the
overall framework for political, technical and industrial cooperation. It will
create a legal framework both for the governments and the industrial operators
of the Parties which will facilitate the cooperation in this field between the Parties.
2.           Importance of the Agreement
With a view to strengthening the overall
co-operative relationship between the Community and South Africa, the
importance of concluding this Agreement is mainly based on the mutual interest
to establish a stable legal framework in order to facilitate equal, reciprocal
cooperation in the peaceful uses of nuclear energy, including commercial
exchanges, taking into account that South Africa has large uranium reserves and
starts to play a growing role in the civil nuclear field.
Further the
Agreement would foster the scientific cooperation between the Community and
South Africa, in particular to facilitate the participation of South African
research entities in research projects carried out in the framework of the
relevant Community research programmes and to ensure a reciprocal participation
of research entities of the Community and its Member States in South African
projects in similar areas of research.
Thus, as a
concrete example, South Africa has developed the Pebble Bed Modular Reactor
(PBMR), which could become a viable alternative to other reactor types.
European R&D organisations are already involved in this programme.
South Africa is
also active on medical applications of nuclear energy and is a major producer
of medical radio-isotopes.
For Euratom, the interest in signing this
Agreement stems from the fact that it ensures a corresponding level of physical
protection, safeguards, and export control standards and facilitates nuclear
trade between the Parties. The Agreement also ensures the free movement of
nuclear and non-nuclear materials, equipment and technology within the
Community, as well as requires that transfers of nuclear material and
provisions of relevant services be carried out under fair commercial
conditions.
The conclusion of a new agreement between
the European Atomic Energy Community ('Euratom') and South Africa for
cooperation in the peaceful uses of nuclear energy will create a long-term and
stable framework for both Parties and their governments and industrial
operators, within which such co-operation could take place, as well as
encourage and facilitate the scientific co-operation in research and
development in the field of nuclear energy on the basis of mutual benefit,
equality and reciprocity.
3.           General scheme of the Agreement
The Agreement has as its objective
cooperation in the peaceful uses of nuclear energy between Euratom and South
Africa. The scope and forms of cooperation (Article III) mainly comprise research
and development in the field of nuclear energy, use of nuclear materials and
technologies, transfers of nuclear material and equipment and nuclear
safeguards.
The Agreement further defines the Items
subject to this Agreement (Article IV) – different forms of nuclear and
non-nuclear material– and describes in detail modalities Trade in nuclear
material, non-nuclear material or equipment (Article V). It is underlined that
nuclear material shall be used for peaceful purposes and in compliance with the
safeguards agreements (for the Community: the Euratom safeguards pursuant to
the Euratom Treaty and to the IAEA safeguards and its Additional Protocols[1]).
Specific provisions on the Exchange of
Information and Intellectual Property (Article VII) and implementing provisions
(Article VIII) follow. In order to guarantee the smooth implementation of the
Agreement, a specific article on Consultation and dispute resolution (Article
XII) is inserted to address questions on the correct application of the Agreement.
The duration of the Agreement is set with an initial period of 10 years,
thereafter automatically renewed for additional periods of five years (Article
XV).
4.           Conclusion
The Commission considers that the Agreement
for cooperation in the peaceful uses of nuclear energy between the European
Atomic Energy Community and the Government of South Africa, the adoption of
which is proposed:
–
is in conformity with the negotiating directives
issued by the Council on 8 October 2010;
–
confirms the clear commitment of the two Parties
in favour of non-proliferation and a high level of nuclear safety in order to
guarantee the peaceful and safe use of nuclear energy;
–
is in line with the Community's policy on energy
security of supply;
–
will further strengthen the very good relations
between the EU and the South Africa in the field of energy policy cooperation.
The Commission therefore recommends to the
Council to approve, pursuant to the second paragraph of Article 101 of the
Treaty establishing the European Atomic Energy Community, the Agreement for
cooperation in the peaceful uses of nuclear energy between the European Atomic
Energy Community and the Government of South Africa, in Annex.
ANNEX
AGREEMENT
BETWEEN THE GOVERNMENT OF SOUTH AFRICA AND THE EUROPEAN ATOMIC ENERGY COMMUNITY
(EURATOM) FOR CO-OPERATION IN THE PEACEFUL USES OF NUCLEAR ENERGY
PREAMBLE
The Government
of the Republic of South Africa, hereinafter referred to as South Africa, and
the European Atomic Energy Community (Euratom), hereinafter referred to as
"the Community", and hereinafter jointly referred to as the
"Parties",
CONSIDERING the
friendly relations and co-operation existing between the two Parties;
NOTING with
satisfaction the fruitful outcome of economic, technical and scientific
co-operation between the Parties;
TAKING into
account the Agreement on Trade, Development and Cooperation between the
European Community and its Member States, of the one part, and the Republic of
South Africa, of the other part, done on 11 October 1999;
TAKING into
account the Partnership Agreement between the Members of the African, Caribbean
and Pacific Group of States on the one part, and the European Community and its
Member States, on the other Part, done on 23 June 2000;
DESIRING to promote
their cooperation in the use of nuclear energy for peaceful purposes;
REAFFIRMING
the strong commitment of the Republic of South Africa, the Community and the
Governments of its Member States to nuclear non-proliferation including the
strengthening and efficient application of the related safeguards and export
control regimes under which co-operation in the peaceful uses of nuclear energy
between the Republic of South Africa and the Community should be carried out;
REAFFIRMING
the support of the Republic of South Africa, the Community and the Governments
of its Member States for the objectives of the International Atomic Energy
Agency (hereinafter referred to as "IAEA") and its safeguards system;
REAFFIRMING the
strong commitment of the Republic of South Africa, the Community and its Member
States to the Convention on the Physical Protection of Nuclear Material done on
3 March 1980;
WHEREAS the
Republic of South Africa and all Member States of the Community are Parties to
the Treaty on the Non-Proliferation of Nuclear Weapons done on 1 July 1968,
hereinafter referred to as "NPT";
NOTING that
nuclear safeguards are applied in all Member States of the Community pursuant
to both the Treaty establishing the European Atomic Energy Community
(hereinafter referred to as "the Euratom Treaty") and the safeguards
agreements concluded between the Community, its Member States and the IAEA;
TAKING into
account the African Nuclear-Weapon-Free zone treaty (Pelindaba Treaty), done on
11 April 1996 and entered into force on 15 July 2009;
NOTING that
the Republic of South Africa and the Governments of all Member States of the
Community participate in the Nuclear Suppliers Group;
NOTING that
account should be taken of the commitments made by the Republic of South Africa
and the Government of each Member State of the Community in the framework of
the Nuclear Suppliers Group;
RECOGNISING
the principle of the free movement of nuclear material, equipment, non‑nuclear
material, and technology within the Community;
AGREEING that the Agreement should be in
compliance with international obligations of the European Union and the
Republic of South Africa under the World Trade Organisation;
REITERATING
commitments of the Republic of South Africa and the Governments of Member
States of the Community to their bilateral agreements in the peaceful uses of
nuclear energy;
HAVE AGREED AS FOLLOWS:
Article
I
Definitions
For the purpose of this Agreement, except
as otherwise specified therein,
1.
"competent authority" means:
(a)
for the Republic of South Africa, the Department
of Energy;
(b)
for the Community, the European Commission
or such other authority as the Party concerned
may at any time notify in writing to the other Party;
2.
"equipment" means those items listed
in Sections 1, 3, 4, 5, 6 and 7 of Annex B of IAEA document INFCIRC/254/Rev.10/Part
1 (Guidelines for Nuclear Transfers), as amended from time to time;
3.
"information" means scientific or
technical data, results or methods of research and development stemming from
the joint research projects and any other information deemed necessary by the
Parties and/or participants engaged in the joint research projects to be
provided or exchanged under this Agreement or research pursuant thereto;
4.
"intellectual property" shall have the
meaning set out in Article 2 of the Convention establishing the World
Intellectual Property Organization, done on 14 July 1967, as amended on 28
September 1979, and may include other subject matter as mutually determined by
the Parties;
5.
"joint research projects" means
research or technological development that is implemented with or without
financial support from one or both Parties and that involves collaboration by
participants from both the Community and South Africa and is designated as
joint research in writing by the Parties or their scientific and technological
organisations and agencies implementing the scientific research programmes. In
the case where there is funding by only one Party the designation is made by
that Party and the participant in that project;
6.
"nuclear material" means any source material
or special fissionable material as those terms are defined in Article XX of the
Statute of the IAEA. Any determination by the Board of Governors of the IAEA
under Article XX of the IAEA Statute that amends the list of material
considered to be "source material" or "special fissionable
material", shall only have effect under this Agreement when the Parties
have informed each other in writing that they accept that determination;
7.
"non-nuclear material" means:
(a)
Deuterium and heavy water (deuterium oxide) and
any other deuterium compound in which the ratio of deuterium to hydrogen
exceeds 1:5000, for use in a nuclear reactor, as defined in paragraph (1.1) of
Annex B of IAEA Information Circular INFCIRC/254/Rev.10/Part 1,
(b)
Nuclear grade graphite: graphite, for use in a
nuclear reactor, as defined in paragraph (1.1) of Annex B of IAEA Information
Circular INFCIRC/254/Rev.10/Part 1, having a purity level better than 5 parts
per million boron equivalent and with a density greater than 1.50 grams per
cubic centimetre;
8.
"participant" means any person, any
research institute, any legal entity or firm or any other body otherwise
allowed by either Party to participate in cooperative activities and or joint
research projects under this Agreement including the Parties themselves;
9.
"persons" means any natural person,
undertaking or other entity governed by the applicable laws and regulations in
the respective territorial jurisdiction of the Parties, but does not include
the Parties;
10.
"results of intellectual activity"
(RIA) means information and/or intellectual property;
11.
"Parties" means the Republic of South
Africa on the one hand and the Community on the other hand;
"the Community" means both:
(a)
the legal person created by the Euratom Treaty;
and
(b)
the territories to which the Euratom Treaty
applies;
12.
"technology" has the meaning defined
in Annex A of IAEA Information Circular INFCIRC/254/Rev.10/Part 1.
Article
II
Objective
1.
The objective of this Agreement is to encourage
and to facilitate, on the basis of mutual benefit, equality and reciprocity,
cooperation in the peaceful uses of nuclear energy with a view to strengthening
the overall co-operative relationship between the Community and South Africa,
in accordance with the needs and priorities of their respective nuclear
programmes.
2.
The Agreement aims to foster the scientific
cooperation between the Community and South Africa, in particular to facilitate
the participation of South African research entities in research projects
carried out in the framework of the relevant Community research programmes and
to ensure a reciprocal participation of research entities of the Community and
its Member States in South African projects in similar areas of research.
3.
Nothing contained in this Agreement shall be
construed as binding the Parties to any form of exclusivity and each Party
shall be entitled to conduct business independent of the other where market
requirements so dictate.
Article
III
Scope
and forms of co-operation
1.
Nuclear material, equipment, non-nuclear
material or nuclear material produced as a by-product shall be used only for
peaceful purposes; and shall not be used for any nuclear explosive device, for
research or for development of any such device, nor for any military purpose.
2.
The co-operation intended by this Agreement relates
to the peaceful uses of nuclear energy and may include, inter alia:
(a)
research and development in the field of nuclear
energy (including fusion technologies);
(b)
use of nuclear materials and technologies such
as applications in health, agriculture;
(c)
transfers of nuclear materials and equipment;
(d)
nuclear safety, radioactive waste and spent fuel
management, decommissioning, radiation protection including emergency
preparedness and response;
(e)
nuclear safeguards;
(f)
other areas to be agreed by the Parties, insofar
as they are covered by the Parties’ respective programmes.
3.
The co-operation referred to in paragraph 2 of
this Article may be undertaken in the following forms:
(a)
supply of nuclear and non-nuclear materials,
equipment and related technologies;
(b)
provision of nuclear fuel cycle services;
(c)
establishment of Working Groups, if necessary,
to implement specific studies and projects in the area of scientific research
and technological development;
(d)
exchange of experts, scientific and
technological information, organization of scientific seminars and conferences,
training of administrative, scientific and technical personnel;
(e)
consultations on research and technological
issues and performing joint research under agreed programmes;
(f)
co-operation activities in promoting nuclear
safety; and
(g)
other forms of cooperation as may be determined
by the Parties in writing.
4.
The co-operation referred to in paragraph 2 of
this Article may also take place between authorised persons and undertakings
established in the respective territories of the Parties.
Article
IV
Items
subject to the Agreement
1.
This Agreement shall apply to nuclear material,
non-nuclear material or equipment, transferred
between the Parties or their respective persons, whether directly or through a
third country. Such nuclear material, non-nuclear material or equipment shall
become subject to this Agreement upon its entry into the territorial
jurisdiction of the receiving Party, provided that the supplying Party has
notified the receiving Party in writing of the intended transfer, in accordance
with procedures defined in the Administrative Arrangement, and that the
proposed recipient, if other than the receiving Party, is an authorised person
under the territorial jurisdiction of the receiving Party.
2.
Nuclear material, non-nuclear material or
equipment, referred to in paragraph 1 of this Article shall remain subject to
the provisions of this Agreement until it has been determined, in accordance
with the procedures set out in the administrative Arrangements:
(a)
that such item has been re-transferred beyond
the jurisdiction of the receiving Party in accordance with the relevant
provisions of this Agreement; or
(b)
that nuclear material is no longer usable for
any nuclear activity relevant from the point of view of safeguards referred to in
paragraph 1 of Article VI or has become practically irrecoverable; or
(c)
that equipment or non-nuclear material is no
longer usable for nuclear purposes; or
(d)
that the Parties mutually determine that it
should no longer be subject to this Agreement.
3.
Technology transfer shall be subject to this
Agreement for the Member States of the Community that have expressed their
willingness to place such transfers in the framework of this Agreement through
a written notification from the Member State concerned to the European Commission.
A prior notification between the Member State(s) concerned and the European Commission,
on one side, and South Africa, on the other, should be given before each
transfer.
Article V
Trade in nuclear material, non-nuclear material or equipment
1.
Any transfer of nuclear material, non-nuclear
material or equipment carried out pursuant to the co-operation activities shall
be made in accordance with the relevant international commitments of the
Community, the Member States of the Community, and the Republic of South Africa
in relation to peaceful uses of nuclear energy as listed in Article VI.
2.
The Parties shall, to such extent as is
practicable, assist each other in the procurement, by either Party or by
persons within the Community or under the jurisdiction of the Republic of South
Africa, of nuclear material, non-nuclear material or equipment.
3.
The continuation of the co-operation envisaged
in the present Agreement shall be contingent upon the mutually satisfactory
application of the system for safeguards and control established by the
Community in accordance with the Euratom Treaty and of the system for
safeguards and control of nuclear material, non-nuclear material or equipment
established by the Republic of South Africa.
4.
The provisions of this Agreement shall not be
used to impede the free movement of nuclear material, non-nuclear material,
equipment, and technology, within the territory of the Community.
5.
Transfers of nuclear material subject to this
Agreement and the provision of relevant services shall be carried out under
fair commercial conditions and not jeopardise the international obligations of
the Parties under the World Trade Organisation. The implementation of this paragraph
shall be without prejudice to the Euratom Treaty and its derived legislation,
and to South African laws and regulations.
6.
Any retransfers of any nuclear material,
non-nuclear material, equipment or technology subject to this Agreement outside
the jurisdiction of the Parties shall only be made in the framework of the commitments
undertaken by the Governments of individual Member States of the Community and the
Republic of South Africa within the group of nuclear supplier countries known
as the Nuclear Suppliers Group. In particular, the Guidelines for Nuclear
Transfers, as set out in IAEA Information Circular INFCIRC/254/Rev. 9/Part 1,
shall apply to retransfers of any nuclear material, non-nuclear material,
equipment or technology subject to this Agreement.
7.
Upon entry into force of this Agreement, the
Parties shall exchange lists of the third countries to which retransfers
pursuant to paragraph 6 of this Article are authorised without the need to
obtain prior authorisation from the supplier Party. Each Party shall notify the
other Party of changes to its list of third countries.
8.
The prior written consent of the supplier Party
shall be required for retransfers pursuant to paragraph 6 of this Article to
countries not figuring upon the supplier Party's list of third countries.
Article VI
Applying
conditions to Nuclear Material subject to the Agreement
1.
Nuclear material subject to this agreement shall
be subject to the following conditions:
(a)
In the Community, to the Euratom safeguards
pursuant to the Euratom Treaty and to the IAEA safeguards pursuant to the
following safeguards agreements, as relevant, and as they may be revised and
replaced, so long as coverage as required by the Non-Proliferation Treaty is
provided for:
i)        The Agreement between the
Community's non-nuclear weapon Member States, European Atomic Energy Community and
the International Atomic Energy Agency, which entered into force on 21 February
1977 (published as INFCIRC/193);
ii)       The Agreement between France, European
Atomic Energy Community and the International Atomic Energy Agency, which
entered into force on 12 September 1981 (published as INFCIRC/290);
iii)      The Agreement between the United
Kingdom, European Atomic Energy Community and the International Atomic Energy
Agency, which entered into force on 14 August 1978 (published as INFCIRC/263);
iv)      The Additional Protocols signed on 22
September 1998 which entered into force on 30 April 2004 on the basis of the
document published as INFCIRC/540 (Strengthened Safeguards System, Part II);
(b)
In South Africa, to the IAEA safeguards pursuant
to the Agreement between the Government of the Republic of South Africa and the
IAEA for the Application of Safeguards in connection with the Treaty on the
Non-Proliferation of Nuclear Weapons, which was signed and entered into force
on 16 September 1991 and was published as INFCIRC/394, supplemented by the
Additional Protocol, which was signed and entered into force on 13 September
2002, and to the African Nuclear-Weapon-Free Zone Treaty which was signed on 11
April 1996 and entered into force on 15 July 2009.
2.
In the event of the application of any of the
Agreements with the IAEA referred to in paragraph 1 of this article being
suspended or terminated for any reason within the Community or South Africa,
the relevant Party shall enter into an agreement with the IAEA which provides for
effectiveness and coverage equivalent to that provided by the safeguards
agreements referred to in provisions a) or b) of paragraph 1 of this Article,
or, if that is not possible,
(a)
the Community, as far as it is concerned, shall
apply safeguards based on the Euratom safeguards system, which provides for
effectiveness and coverage equivalent to that provided by the safeguards
agreements referred to in provision a) of paragraph 1 of this article or, if
that is not possible,
(b)
the Parties shall enter into arrangements for
the application of safeguards, which provide for effectiveness and coverage
equivalent to that provided by the safeguards agreements referred to in
provisions a) or b) of paragraph 1 of this Article.
3.
Application of physical protection measures shall
be at all times at levels which satisfy as a minimum the criteria set out in Annex
C of IAEA Information Circular INFCIRC/254/Rev.10/Part 1 as it may be revised;
supplementary to this document, the Member States of the Community, the
European Commission, as appropriate, and South Africa will refer
when applying physical protection measures to its obligations under the
Convention on the Physical Protection of Nuclear Material done on 3 March 1980,
including any amendments that are in force for each Party and the
recommendations in Nuclear Security Recommendations on Physical Protection of
Nuclear Material and Nuclear Facilities (INFCIRC/225/Revision 5), IAEA Nuclear
Security Series No. 13. International transport shall be subject to the
provisions of the International Convention on the Physical Protection of
Nuclear Material done on 3 March 1980, including any amendments that are in force
for each Party, and to the IAEA Regulations for the Safe Transport of
Radioactive Materials (IAEA Safety Standards Series No. TS-R-1).
4.
Nuclear safety and waste management shall be
subject to the Convention on Nuclear Safety (IAEA Information Circular
INFCIRC/449), the Joint Convention on the Safety of Spent Fuel Management and
on the Safety of Radioactive Waste Management (IAEA Information Circular INFCIRC/546),
the Convention on Assistance in the case of a Nuclear Accident or Radiological
Emergency (IAEA Information Circular INFCIRC/336), the Convention on Early
Notification of a Nuclear Accident (IAEA Information Circular INFCIRC/335).
Article VII
Exchange
of Information and Intellectual Property
Utilisation and diffusion of information
and intellectual property rights, including industrial property, patents and
copyrights, and technology transferred pursuant to the cooperative activities
under this Agreement shall be in accordance with provisions in Annex A.
Article
VIII
Implementation of the Agreement
1.
The provisions of this Agreement shall be
implemented in good faith in such a manner as to avoid hampering, delay or undue
interference in the nuclear activities in South Africa and in the Community and
so as to be consistent with the prudent management practices required for the
economic and safe conduct of nuclear activities.
2.
The provisions of this Agreement shall not be
used for the purpose of seeking commercial or industrial advantages, nor of
interfering with the commercial or industrial interests, whether domestic or
international, of either Party or authorised persons, nor of interfering with
the nuclear policy of either Party or of the Governments of the Member States
of the Community, nor of hindering the promotion of the peaceful and
non-explosive uses of nuclear energy, nor of hindering the movement of items
subject to or notified to be made subject to this Agreement either within the
respective territorial jurisdiction of the Parties or between South Africa and
the Community.
3.
Nuclear material subject to this Agreement shall
be handled based on the principles of proportionality, fungibility and the
equivalence of nuclear materials.
4.
Any amendment to the documents published by the
IAEA mentioned in Articles I, V or VI of this Agreement shall have effect under
this Agreement only when the Parties have informed each other in writing
through diplomatic channels that they accept such amendment.
Article
IX
Administrative
Arrangements
1.
The competent authorities of both Parties shall
establish Administrative Arrangements to ensure the effective implementation of
the provisions of this Agreement.
2.
Such Administrative arrangements may, inter
alia, cover financing provisions, assignment of management responsibilities,
and detailed provisions on dissemination of information and intellectual
property rights.
3.
An administrative arrangement established
pursuant to paragraph 1 of this Article may be amended as mutually determined
in writing by the competent authorities.
Article
X
Applicable
law
The co-operation provided for in this
Agreement shall be in accordance with the laws, regulations in force in South
Africa and within the European Union as well as with the international
agreements entered into by the Parties. In the case of the Community the
applicable law includes the Euratom Treaty and its derived legislation.
Article
XI
Non-Compliance
1.
If either Party or any Member State of the Community
violates any of the material provisions of the Agreement, the other Party may,
on giving written notice to that effect, suspend or terminate in whole or in
part co-operation under this Agreement.
2.
Before either Party takes action to that effect,
the Parties shall consult with a view to reaching a decision on whether corrective
measures are needed, and if so, the corrective measures to be taken and the
time-scale within which such measures shall be taken. Such action shall be
taken only if there has been failure to take decided measures within the time decided
by the Parties or, in the event of failure to find a solution after the lapse
of a period of time defined by the Parties.
3.
Termination of this Agreement shall not affect
the implementation of any arrangements and/or contracts, made during the period
of its validity but still not completed by the date of its termination, unless
otherwise agreed upon by the Parties.
Article
XII
Consultation
and dispute resolution
1.
At the request of either Party, representatives
of the Parties shall meet when necessary to consult with each other on matters
arising out of the interpretation or the implementation of the present
Agreement, to supervise its operation and to discuss arrangements for co-operation
additional to those provided in the present Agreement. Such consultations may
take also the form of an exchange of correspondence.
2.
Any dispute arising out of the interpretation,
the application or the implementation of this Agreement which is not settled by
negotiation or as may otherwise be agreed between the Parties shall, on the
request of either Party, be submitted to an arbitral tribunal which shall be
composed of three arbitrators. Each Party shall designate one arbitrator and
the two arbitrators so designated shall elect a third, not a national of either
Party, who shall be the Chairman. If within thirty days of the request for
arbitration either Party has not designated an arbitrator, the other Party to
the dispute may request the President of the International Court of Justice to
appoint an arbitrator to the Party which has not designated an arbitrator. If
within thirty days of the designation or appointment of arbitrators for both
the Parties the third arbitrator has not been elected, either Party may request
the President of the International Court of Justice to appoint the third
arbitrator. A majority of the members of the arbitral tribunal shall constitute
a quorum, and all decisions shall be made by majority vote of all the members
of the arbitral tribunal. The arbitral procedure shall be fixed by the
tribunal. The decisions of the tribunal shall be binding on both Parties and
implemented by them. The remuneration of the arbitrators shall be determined on
the same basis as that for ad hoc judges of the International Court of Justice.
3.
For dispute resolution purposes, the English
version of this Agreement shall be used.
Article
XIII
Complementary
Provisions
1.
This agreement is without prejudice to the right
of the Member States to conclude bilateral agreements with South Africa,
respecting the competences of the Member States on the one hand and the
Community on the other, and in so far as such bilateral agreements are in full
conformity with the aims and terms of the present Agreement. Bilateral
agreements concluded by certain Member States before the entry into force of
the Agreement between the Community and South Africa may continue to apply.
2.
Provisions for articulating these agreements and
the Agreement should be projected where appropriate, in accordance with the
respective competence of the Parties, and subject to the agreement of concerned
parties.
Article XIV
Amendments and Status of the Annex
1.
The Parties may consult, at the request of
either Party, on possible amendments to this Agreement, particularly to take
account of international developments in the field of nuclear safeguards.
2.
This Agreement may be amended if the Parties so
agree.
3.
Any amendment shall enter into force on the date
the Parties, by exchange of diplomatic notes, specify for its entry into force.
4.
The Annex to this Agreement forms an integral
part of this Agreement and may be amended in accordance with paragraphs 1 to 3
of this Article.
Article
XV
Entry
into force and duration
1.
This Agreement shall enter into force on the
date of the latter written notification that internal procedures necessary for
its entry into force have been completed by the Parties.
2.
This Agreement shall remain in force for a
period of ten years. Thereafter this Agreement shall be automatically renewed
for additional periods of five years, unless, at least six months before the
expiration of any such additional period, a Party notifies the other Party of
its intention to terminate the Agreement.
3.
Notwithstanding the suspension, termination
or expiration of this Agreement or any co-operation hereunder for any reason,
the obligations in Articles III, IV, V, VI, VII, VIII, IX and X shall continue
in effect so long as any nuclear material, non-nuclear material or equipment subject
to these Articles remains in the territory of the other Party or under its
jurisdiction or control anywhere or until it is determined in accordance with
the provisions of Article IV that such nuclear material is no longer usable, or
is practicably irrecoverable for processing into a form in which it is usable,
for any nuclear activity relevant from the point of view of safeguards.
Done at            in duplicate, in the
Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German,
Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese,
Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being
equally authentic.
IN WITNESS WHEREOF, the undersigned, being
duly authorised thereto have signed the present Agreement.
For the European Atomic Energy Community                For
the Republic of South Africa
ANNEX A
Guiding principles on the allocation of intellectual property rights
resulting from joint research activities under the Agreement for cooperation in
the peaceful uses of nuclear energy
I. OWNERSHIP, ALLOCATION AND EXERCISE OF
RIGHTS
1. This Annex shall apply to cooperative
activities under this Agreement except as otherwise agreed by the Parties. The
participants shall jointly develop technology management plans (TMPs) in
respect of the ownership and use, including publication, of information and
intellectual property, to be created in the course of cooperative activities.
The TMPs shall be approved by the Parties before the conclusion of any specific
Research and Development cooperation contracts to which they refer.
The TMPs shall be developed taking into
account the aims of the cooperative activities, the relative contributions of
the participants, peculiarities of licensing by territory or for a specific
field of use, requirements imposed by laws applicable and other factors deemed
appropriate by the participants. The rights and obligations concerning the
research generated by visiting researchers under this Agreement in respect of
RIA shall also be addressed in the joint TMPs.
2. RIA created in the course of cooperative
activities and not addressed in the TMP shall be allocated, with the approval
of the Parties, according to the principles set out in the TMP. In case of
disagreement, such RIA shall be owned jointly by all the participants involved
in the joint research from which the RIA results. Each participant to whom this
provision applies shall have the right to use such RIA for his own commercial
exploitation with no geographical limitation.
3. Each Party shall ensure that the other
Party and its participants shall have the rights to RIA allocated to them in
accordance with these principles.
4. While maintaining the conditions of
competition in areas affected by this Agreement each Party shall endeavor to
ensure that rights acquired pursuant to this 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 legally, or otherwise legally made available, under the
Agreement;
(ii) the adoption and implementation of international
technical standards.
II. COPYRIGHT WORKS
Under this Agreement, copyright belonging to
the Parties or to their participants shall be accorded treatment consistent
with the Berne Convention for the protection of literary and artistic work
(Paris Act 1971).
III. SCIENTIFIC LITERARY WORKS
Without prejudice to section IV of this Annex,
unless otherwise agreed in the TMP, publication of results of research shall be
made jointly by the Parties or participants to those cooperative activities.
Subject to the foregoing general rule, the following procedures shall apply:
(a) in the case of publication by a Party or
its other participants, of scientific and technical journals, articles,
reports, books, including video and software, of the results arising from
cooperative activities. pursuant to this Agreement, the other Party or its
other participants shall be entitled to a worldwide, non-exclusive,
irrevocable, royalty-free license to translate, reproduce, adapt, transmit and
publicly distribute such works;
(b) the Parties shall ensure that literary
works of a scientific character arising from cooperative activities. Pursuant
to this Agreement and published by independent publishers shall be disseminated
as widely as possible;
(c) all copies of a copyright work to be
publicly distributed and prepared under the provisions of this Agreement shall
indicate the names or pseudonyms of the author(s) of the work unless an author
or authors expressly declines or decline to be named. The copies shall also
bear a clearly visible acknowledgment of the cooperative support of the Parties
and/or their representatives and/or organizations.
IV. UNDISCLOSED INFORMATION
1. Documentary undisclosed information
(a) Each Party or its participants, as
appropriate, shall identify at the earliest possible moment and preferably in
the TMP, the information that it wishes to remain undisclosed in relation to
this Agreement, taking account, inter alia, of 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.
The Parties and their participants may, in
certain cases, agree, that, unless otherwise indicated, parts of or all the
information provided, exchanged or created in the course of cooperative
activities pursuant to the Agreement shall not be disclosed.
(b) each Party shall ensure that undisclosed
information under this Agreement and its ensuing 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;
Party receiving undisclosed information
pursuant to this Agreement shall respect the privileged nature thereof. These
limitations shall automatically terminate when this information is disclosed by
the owner without restriction to experts in the field;
(c) 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 in
the receiving Party authorized for the specific purposes of the cooperative
activities. under way, provided that any undisclosed information so
disseminated shall be pursuant to a specific agreement on confidentiality and
shall be readily recognizable as such, as set out above;
(d) 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 (c). 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.
2. Non-documentary undisclosed information
Non-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 this Annex, provided, however, that the recipient of such
undisclosed or other confidential or privileged information has been made aware
of the confidential character of the information communicated at the time such
communication is made.
3. Control
Each Party shall endeavor to ensure that
undisclosed information received by it under this 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 1 and 2, it shall immediately inform the other Party.
The Parties shall thereafter consult to define an appropriate course of action.
V. Indicative features of a technology
management plan (TMP)
The TMP is a specific agreement to be
concluded between the participants, about the implementation of cooperative
activities and the respective rights and obligations of the participants. With
respect to RIA, the TMP will normally address, inter alia: ownership,
protection, user rights for R & D purposes, exploitation and dissemination,
including arrangements for joint publication, the rights and obligations of
visiting researchers and dispute settlement procedures. The TMP may also
address foreground and background information, licensing and deliverables.
[1]               INFCIRC/540.


title: Commission Recommendation of 21 October 2011 on the research joint programming initiative Connecting Climate Knowledge for Europe

text:
               22.10.2011

               EN

               Official Journal of the European Union

               C 310/1

         COMMISSION RECOMMENDATION
   of 21 October 2011
   on the research joint programming initiative ‘Connecting Climate Knowledge for Europe’
   2011/C 310/01
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 181 thereof,
   Whereas:

               (1)

               Climate change is one of the great challenges of our times: the Copenhagen Accord (1) has recognised the 2 °C objective and stressed the need for deep cuts in global greenhouse gas emissions, calling for actions aimed to minimise the impact of climate change.

               (2)

               The forthcoming 5th Assessment Report of the Intergovernmental Panel on Climate Change (IPCC), expected to be published in 2014, is planning to compile and assess new scientific results with the aim to provide a solid science-based ground for decision-making, with emphasis on future climate projections, regional aspects of climate change and associated impact, assessment of the various pathways for climate change mitigation and the role of each sector, e.g. energy, transport, agriculture, industry.

               (3)

               The Europe 2020 Strategy makes clear the need to meet the emission targets already set at European Union level and underlines the need to strengthen the resilience of our economies to climate risks and our capacity for disaster prevention and response.

               (4)

               Research and innovation are at the heart of the above policy objectives. In particular, better climate projections are needed for addressing the potential for future changes in the frequency and intensity of extreme events. Research is also required for assessing the feasibility, implications and implementation of the global targets in Europe and beyond, and for quantifying the regional impacts associated with these targets. Better knowledge is essential for identifying adaptation and mitigation options and assessing their potential benefits, impacts and costs as compared with no action.

               (5)

               Vulnerability and resilience of society and ecosystems to climate risks are still poorly understood. Linked to this, there is a need to better understand the fundamental processes governing the complex climate system in order to better detect and attribute climate change (human v natural influence) and distinguish between climate change and climate variability.

               (6)

               Mitigation technologies, concepts and mechanisms are urgently required for ensuring deep carbon emission reductions required by 2050, including research and innovation on renewables, carbon capture and storage, energy and resource efficiency, alternative fuels, land-use change, sustainable mobility, agriculture and forestry, and emission reduction of pollutants affecting human health or the environment.

               (7)

               Climate services for the production, availability and application of science-based climate projections should be developed. In this respect, research is required for improving and developing long-term observing systems, data analyses, models and forecast systems across a range of timescales, and support the establishment of successful provider-user partnerships.

               (8)

               At its meeting of 26 May 2010 (2), the Competitiveness Council recognised ‘Connecting Climate Knowledge for Europe’ as an area where joint programming would provide a major added value to reduce fragmentation in the efforts of Member States in the field of research. It therefore adopted conclusions recognising the need to launch a joint programming initiative on the subject and inviting the Commission to contribute to its preparation. The Council also reaffirmed that joint programming is a process led by Member States, with the Commission acting as a facilitator. The analysis of national research activities outlined in the staff working document, confirms that there is a need for better coordination to increase effectiveness and impact of research as well as to exploit synergies with the activities carried out at EU level through the development of a common strategic research agenda.

               (9)

               Climate change and climate-related research is a key area within the European Union Research Framework Programme, which plays a highly strategic role to support the European Union policy process taking into account the global dimension of climate change. Activities within this joint programming initiative need to be closely coordinated with the 7th European Union Framework Programme and future European Union programmes in this area, in particular the Horizon 2020 Framework Programme on Research and Innovation.

               (10)

               Joint programming of research on connecting knowledge for climate change would contribute to the coordination of research in this area, and to a fully operational European Research Area on climate change, strengthening Europe’s leadership and competitiveness of the research in this field.

               (11)

               In order to achieve the goals set by this Recommendation, Member States should cooperate with the Commission on exploring possible Commission initiatives to assist Member States with further developing and implementing the strategic research agenda.

               (12)

               In order for the Commission to be able to report to the European Parliament and to the Council on the progress made by all the joint programming initiatives, Member States should report regularly to the Commission on the progress made on this joint programming initiative,

         HAS ADOPTED THIS RECOMMENDATION:

               1.

               Member States are encouraged to develop a common vision on how cooperation and coordination in the field of research at Union level can contribute to meeting the challenge of climate change mitigation and adaptation, connecting science, policy, economy and society. Full involvement of Member States should be sought, including in particular countries where the effects of climate change are expected to be strong.

               2.

               Member States are encouraged to develop an operational common strategic research agenda establishing medium to long-term research needs and objectives in the area of climate change. It should contain an implementation plan establishing priorities and timelines and specifying the action, instruments and resources required for its implementation.

               3.

               Member States are encouraged to include the following actions, as part of the operational strategic research agenda and of the implementation plan:

                           (a)

                           strengthening exchanges of information on relevant regional and national programmes, research activities and European Union coordinated research programmes, also in view of regularly updating the mapping of European research in the field;

                           (b)

                           exchanging information, resources, best practices, methodologies and guidelines;

                           (c)

                           identifying areas or research activities that would benefit from coordination or joint calls for proposals or pooling of resources;

                           (d)

                           defining the modalities for research to be undertaken jointly in the areas referred to in point (c);

                           (e)

                           ensuring the coordination and the development of synergies with the existing research and innovation schemes in the European Union, e.g. Framework Programme, including Global Monitoring for Environment and Security (GMES) pre-operational actions, climate and climate-related research undertaken by the Joint Research Centre (JRC) and the European Institute of Innovation and Technology (EIT)/Climate Knowledge and Innovation Community (KIC); research activities promoted through the Cohesion Policy; other related joint programming initiatives, as well as with the European Union Clearinghouse on adaptation managed by the Commission and the European Environment Agency. Strong links should be developed in relevant climate change areas not particularly addressed by the present JPI, namely in the development of mitigation and adaptation options, as well as risks and opportunities of climate change action;

                           (f)

                           sharing, where appropriate, existing research infrastructures or developing new facilities such as coordinated databanks or the development of models for studying climate change processes and impacts;

                           (g)

                           encouraging better collaboration between public and private sectors, as well as open innovation between different research activities and business sectors related to and affected by climate change;

                           (h)

                           exporting and diffusing knowledge, innovation and interdisciplinary methodological approaches, in particular regarding policy relevant results;

                           (i)

                           feeding with appropriate scientific information the policy-making level at national and European Union level;

                           (j)

                           establishing appropriate exchange of information with relevant international programmes;

                           (k)

                           creating networks between centres dedicated to climate change research, including centres that are outside the European Research Area;

                           (l)

                           reinforcing joint foresight exercises.

               4.

               Member States are encouraged to maintain and further develop a common management structure in the field of climate change, with a mandate to establish common conditions, rules and procedures for cooperation and coordination and to monitor the implementation of the strategic research agenda.

               5.

               Member States are encouraged to jointly implement the strategic research agenda including via their national research programmes or other national research activities in accordance with the guidelines for Framework Conditions in Joint Programming developed by the Council high level group on Joint Programming (3).

               6.

               Member States are encouraged to cooperate with the Commission with a view to exploring possible Commission initiatives to assist Member States in developing and implementing the strategic research agenda, and to coordinating the joint programmes with other Union initiatives in this field.

               7.

               Member States are encouraged to liaise closely with the Strategic Forum for International Science and Technology Cooperation (SFIC) in developing and implementing a possible international dimension in the strategic research agenda and to ensure coherence with SFIC initiatives with and vis-à-vis third countries.

               8.

               Member States are encouraged to report regularly to the Commission on the progress made on this JPI through annual progress reports.

      Done at Brussels, 21 October 2011.

            For the Commission

         Máire GEOGHEGAN-QUINN

            Member of the Commission

      (1)  UNFCCC (2009) Report of the Conference of the Parties on its 15th session, held in Copenhagen from 7 to 19 December 2009.

      (2)  10246/10.

      (3)  http://ec.europa.eu/research/era/docs/en/voluntary_guidelines.pdf


Avis juridique important

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31996H0210

96/210/EC: Council Recommendation of 11 March 1996 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1989) (Seventh EDF) for the financial year 1994

Official Journal L 068 , 19/03/1996 P. 0031 - 0031

COUNCIL RECOMMENDATION of 11 March 1996 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1989) (Seventh EDF) for the financial year 1994 (96/210/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Union, and in particular Article 206 thereof,Having regard to the Fourth ACP-EEC Convention, signed at Lomé on 15 December 1989,Having regard to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community (1),Having regard to the Internal Agreement on the financing and administration of Community aid (2), signed in Brussels on 16 July 1990, and in particular Article 33 (3) thereof,Having regard to the Financial Regulation of 29 July 1991 applicable to the Seventh European Development Fund (3), and in particular Articles 69 to 77 thereof,Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1989) (Seventh EDF) as at 31 December 1994 and the Court of Auditors' report relating to the financial year 1994 together with the Commission's replies (4),Whereas, pursuant to Article 33 (3) of the Internal Agreement, the discharge for the management of the European Development Fund (1989) (Seventh EDF) must be given to the Commission by the European Parliament on a recommendation from the Council;Whereas the overall implementation by the Commission of the operations of the European Development Fund (1989) (Seventh EDF) during the financial year 1994 has been satisfactory,HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1989) (Seventh EDF) for the financial year 1994.Done at Brussels, 11 March 1996.For the CouncilThe PresidentL. DINI(1) OJ No L 263, 19. 9. 1991, p. 1.(2) OJ No L 229, 17. 8. 1991, p. 288.(3) OJ No L 266, 21. 9. 1991, p. 1.(4) OJ No C 303, 14. 11. 1995, pp. 252 to 293.