Legal provisions of COM(2009)297 - Signature of the Agreement with the Government of Japan on cooperation in science and technology

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52009PC0297

Proposal for a Council Decision on the signature on behalf of the European Community of the Agreement between the European Community and the Government of Japan on cooperation in science and technology /* COM/2009/0297 final */


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Brussels, 29.7.2009

COM(2009) 297 final

Proposal for a

COUNCIL DECISION

on the signature on behalf of the European Community of the Agreement between the European Community and the Government of Japan on cooperation in science and technology

EXPLANATORY MEMORANDUM

Subject: Proposal for a Council decision concerning the signature of an agreement between the European Community and the Government of Japan on cooperation in science and technology .

1. The EU and Japan are confronted with similar challenges concerning economic growth, industrial competitiveness, employment, regional and social cohesion, sustainable development, and perhaps the most important, socio-economic adjustments to deal with ageing societies and the current financial crisis.

2. The European Community and the Government of Japan (hereinafter 'Japan') have similar research priorities, such as life sciences, information and communication, manufacturing technologies, environment, including climate change and renewable energies, and both are also members of ITER – the International Thermonuclear Experimental Reactor.

3. Japan is already one of the leading countries in terms of investment in research, which reached 3.61% of GDP in 2008, with more than 81.6% originating from the private sector. Therefore, Japan is a very important partner for Europe to cooperate with in the area of science and technology.

4. However, S&T cooperation potential remains under-exploited between the EU and Japan.

5. Considering the importance of science and technology for economic and social development in Europe and Japan, both parties expressed the desire to upgrade and intensify their cooperation in areas of common interest and at the EU-Japan Summit held in Athens on 1 and 2 May, 2003, an Action Plan attached to the Press Statement from that Summit foresaw to expand cooperation in the field of science and technology.

6. On 5 June, 2003, the Council authorised the European Commission to negotiate an Agreement for scientific and technological cooperation between the European Community and Japan.

7. In the intervening period, long and detailed discussions have taken place between both parties, resulting in the attached draft agreement text, initialled on 19 February, 2009.

8. The Agreement is based on the principles of mutual benefit, reciprocal opportunities for access to each other's programmes and activities relevant to the purpose of the Agreement, non-discrimination, the effective protection of intellectual property and equitable sharing of intellectual property rights.

9. This S&T agreement will help to structure and enhance the EC-Japan scientific and technological cooperation, notably through regular meetings of the Joint Committee, in which specific cooperative activities (such as coordinated calls) could be planned.

10. It shall enter into force on the date on which the Parties exchange diplomatic notes informing each other that their respective internal procedures necessary for its entry into force have been completed. It shall remain in force for five years and shall continue in force thereafter unless terminated by either Party at the end of the initial five year period or at any time thereafter. In any event, the impact of the Agreement and the activities there under may be evaluated every five years by either Party.

In the light of the above considerations the Commission requests the Council:

- To authorise the signature, on behalf of the European Community, of the Agreement between the European Community and the Government of Japan on cooperation in science and technology.


Proposal for a

COUNCIL DECISION

on the signature on behalf of the European Community of the Agreement between the European Community and the Government of Japan on cooperation in science and technology

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 170 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The Commission has negotiated, on behalf of the Community, an Agreement on cooperation in science and technology with the Government of Japan.

(2) The negotiations resulted in the attached agreement initialled on 19 February, 2009.

(3) It is necessary to sign the Agreement negotiated by the Commission in view of its possible conclusion at a later date.

HAS DECIDED AS FOLLOWS:

Article 1

.

1. Subject to its conclusion at a later date, the President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community, the Agreement between the European Community and the Government of Japan on cooperation in science and technology.

2. The text of the Agreement is annexed to this Decision.