Explanatory Memorandum to COM(2003)551 - Conclusion of the Agreement on scientific and technological cooperation between the EC and Morocco

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dossier COM(2003)551 - Conclusion of the Agreement on scientific and technological cooperation between the EC and Morocco.
source COM(2003)551 EN
date 19-09-2003
1. The Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, entered into force on 1 March 2000. Article 47 of this Agreement identifies scientific and technological cooperation as an area of particular interest and potential, and provides, amongst other things, for the establishment of permanent links between the parties' scientific communities.

2. In the context of the implementation of an ambitious international dimension for the European Research Area (see Commission communication COM(2001) 346 final of 25 June 2001, 'The International Dimension of the European Research Area'), the Commission underlined the need to strengthen relations with the Mediterranean partner countries in the fields of science, technology and innovation in order to promote the socio-economic progress of the whole Euro-Mediterranean area.

3. The Secretary of State for Scientific Research of the Kingdom of Morocco sent a letter to Commissioner Philippe Busquin on 28 May 2002 in which he reported on Morocco's progress in the field of RTD and, referring to the conclusions of the last meeting of the Morocco-EU Association Committee, asked for an Agreement on scientific and technological cooperation to be negotiated with the Community in order to supplement and strengthen cooperation undertaken to date.

4. This request was made during the visit of the Secretary of State for Scientific Research, Mr Omar Fassi Fehri, to Commissioner Philippe Busquin on 27 June 2002. This visit was followed by a meeting of experts on 28 June 2002 in Brussels, during which Morocco's participation in the fifth and forthcoming sixth FPRD was examined, as well as the possibility of financing the development of research capacities and the implementation of a study to evaluate the Moroccan national research system with the support of DG Research. In conclusion, it would be fully in the interest of the Community to respond positively to Morocco's request and an Agreement on scientific and technological cooperation would be the appropriate instrument for supplementing current cooperation and expanding it at international and regional level.

5. Consequently, on 14 November 2002 DG RTD initiated a procedure aimed at obtaining a negotiating mandate for this Agreement on scientific and technological cooperation. On 12 March 2003, the Commission sent to the Council a recommendation for the adoption of a negotiating mandate and on 14 April 2003 the Council adopted a decision authorising the Commission to negotiate an Agreement on scientific and technological cooperation with the Kingdom of Morocco.

The Agreement was negotiated in accordance with the directives attached to the Council Decision of 14 April 2003. The negotiations culminated in the draft Agreement and annexes attached hereto, which were initialled on 24 April 2003 by the authorised representatives of the two parties.

On 21 May 2003, the Commission submitted to the Council a proposal for a Council Decision authorising the signing of the abovementioned agreement. The Council adopted this decision on 16 June 2003 and the attached agreement and the annexes thereto were signed on 26 June 2003 in Thessaloniki.

6. 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 draft Agreement, non-discrimination, the effective protection of intellectual property and equitable sharing of intellectual property rights.

7. This Agreement will enable legal entities of the Kingdom of Morocco to participate in all the indirect activities of the specific programmes SP1 and SP2 of the 6th Framework Programme in accordance with the participation rules decided upon by the Council and the European Parliament (Article 167).

It also provides for the organisation and extension of scientific and technological cooperation between the European Union and Morocco through appropriate ways and means. The coordination and promotion of the activities covered by this agreement will be the responsibility of the EC-Morocco Joint Scientific and Technical Cooperation Committee composed of representatives of both parties. This Joint Committee will monitor the implementation and evaluate the impact of the agreement, and propose any appropriate measure aimed at improving and developing scientific and technological cooperation.

Lastly, the Agreement will be concluded for an unlimited period, with the result that it can be implemented on the basis of several Community research and technological development programmes.

8. The dissemination and utilisation of information and the management, allocation and exercise of intellectual property rights arising from the joint research carried out under the Agreement will be subject to the conditions set out in Annex II to the Agreement ("Intellectual property rights"), which is an integral part of the Agreement.

9. In the light of the above considerations, the Commission proposes that the Council should:

- approve on behalf of the European Community; and after consultation of the European Parliament, the Agreement on scientific and technological cooperation between the European Community and the Kingdom of Morocco

- notify the Moroccan authorities that the procedures necessary for the entry into force of the Agreement have been completed by the European Community.