Considerations on COM(2023)112 - Signing and provisional application of the Agreement with New Zealand on the participation of New Zealand in Union programmes

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(1) By letter of 6 December 2021, New Zealand expressed its formal interest in becoming associated to Horizon Europe – the Framework Programme for Research and Innovation (2021-2027) established by the Regulation (EU) No 2021/695 2 (hereinafter referred to as ‘the Horizon Europe Programme’).

(2) On 9 September 2022, the Council authorised the opening of negotiations on behalf of the European Union for the conclusion of an agreement between the European Union, of the one part, and New Zealand, of the other part, on the general principles for the participation of New Zealand in Union programmes and the association of New Zealand to Horizon Europe Programme 3 ('the Agreement’).

(3) The negotiations have been completed, and the Agreement was initialled on 22 December 2022.

(4) The objectives of the Agreement are to establish a lasting framework for cooperation between the Union and New Zealand and to set out the terms and conditions for the participation of New Zealand in the Union programmes which are opened for its participation in accordance with the basic acts establishing Union programmes. As such, the aim of the Agreement is that the Union will carry out cooperation measures with New Zealand pursuant to Article 212 of the Treaty on the Functioning of the European Union. Pursuant to Article 3 of the Agreement, the specific terms and conditions for the participation of New Zealand in any Union programme or activity are subject to the adoption of Protocols.

(5) In line with the Council’s authorisation, the Protocol on the association of New Zealand to Horizon Europe – the Framework Programme for Research and Innovation (2021-2027) - was negotiated in parallel to the Agreement and pursuant to Article 15(9) of the Agreement, forms an integral part thereof. New Zealand associates to Pillar II of the Horizon Europe Programme.

(6) New Zealand fulfils the criteria set out in Article 16(1)(d) of Regulation EU 2021/695.

(7) The Agreement complies with Article 16(2) of Regulation (EU) 2021/695, which requires that the association to the Horizon Europe Programme of the third countries under Article 16(1)(d), of that Regulation be in accordance with the conditions laid down in an agreement covering the participation of such a country or territory to any Union programme, provided that the agreement: ensures a fair balance as regards the contributions and benefits of the third country participating in the Union programmes; lays down the conditions of participation in the Union programmes, including the calculation of financial contributions to individual programmes, and their administrative costs; does not confer on the third country any decision-making power in respect of the Union programme; and guarantees the rights of the Union to ensure sound financial management and to protect the Union’s financial interests.

(8) The Agreement should be signed on behalf of the Union, subject to its conclusion at a later date.

(9) In view of ensuring the timely cooperation between the Union and New Zealand in the field of research, technological development and innovation and allowing for the timely participation of New Zealand entities in the Horizon Europe Programme, the Agreement should be applied provisionally, pending the completion of the procedures necessary for its entry into force.