Explanatory Memorandum to COM(2017)431 - Conclusion of the Agreement with Algeria on its participation in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA)

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1. CONTEXTOFTHEPROPOSAL

Reasons for and objectives of the proposal

On 30 May 2017 the Council authorised the Commission to open negotiations, on behalf of the Union, with the People's Democratic Republic of Algeria ('Algeria') on an International Agreement between the Union and Algeria laying down the terms and conditions for the participation of Algeria in the Partnership for Research and Innovation in the Mediterranean Area ('PRIMA').

According to the terms of the Council authorising decision, negotiations could only be started upon adoption of a Decision of the European Parliament and of the Council on the participation of the Union in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) jointly undertaken by several Member States.

The negotiations started on 26 June 2017 and were successfully completed on 11 July 2017, when the draft Agreement text was initialled by the representatives of each of the future Parties. The draft Agreement attached to this proposal is in line with the negotiating directives issued by the Council. In particular, it establishes that the terms and conditions for the participation of Algeria in PRIMA shall be those set out in Decision (EU) 2017/13241, making direct reference to the Union legislative act.

In order to ensure the protection of Union financial interests, particularly the powers of the Commission, the European Anti-Fraud Office, the Court of Auditors and the PRIMA Implementation Structure (PRIMA-IS) to carry out audits and investigations in accordance with the applicable Union legislation, the Agreement makes specific reference to the relevant provisions of Decision (EU) 2017/1324 and obliges the Parties to provide all necessary assistance to ensure their implementation. In addition, the future Agreement stipulates that the Parties must agree on detailed arrangements for assistance, such arrangements being essential to their cooperation under this Agreement.

Consistency with existing policy provisions in the policy area

As also presented in the impact assessment report for PRIMA2 the openness of PRIMA to the participation of third countries such as Algeria is consistent with the objectives of international cooperation for research and innovation as outlined in the 2012 Commission Communication Enhancing and focusing EU international cooperation in research and innovation: A strategic approach3 and Horizon 2020 Framework Programme, which promotes cooperation with third countries in science, technology and innovation in order to tackle global societal challenges and support Union external policies. This Agreement is also consistent with the existing Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People's Democratic Republic of Algeria, of the other part4 and the Agreement between the European

Decision (EU) 2017/1324 of the European Parliament and of the Council of 4 July 2017 on the participation of the Union in the Partnership for Research and Innovation in the Mediterranean Area ('PRIMA') jointly undertaken by several Member States (OJ L 185, 18.07.2017, p.

1). SWD(2016)332 final, 18.10.2016. COM(2012) 497 final.

Union and the People’s Democratic Republic of Algeria on scientific and technological cooperation5 which provide for cooperation between Union and Algeria in research and technological development and encourage research and development activities in the fields of common interest.

Consistency with other Union policies

The implementation of PRIMA in close cooperation with third countries such as Algeria, is also consistent with, and relevant for, other Union policies, such as migration policy, development policy and neighbourhood policy.

2. LEGALELEMENTS OF THE PROPOSAL

The proposal for a Council decision is based on Article 186 and Article 218(6)(a) of the Treaty on the Functioning of the European Union.

In the light of the above, the Commission proposes that the Council concludes the Agreement on behalf of the European Union.


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