Explanatory Memorandum to COM(2007)276-2 - Conclusion of the Agreement on Scientific and Technical Cooperation between the EC and Israel - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2007)276-2 - Conclusion of the Agreement on Scientific and Technical Cooperation between the EC and Israel. |
|---|---|
| source | COM(2007)276  |
| date | 30-05-2007 |
2. The Agreement associates the State of Israel with all the activities of the specific programmes of the 6th Framework Programme of the European Community for research, technological development and demonstration activities. Article 5 i of the Agreement provides that 'where the Community adopts a new multiannual framework programme for research and development, this Agreement may be renegotiated or renewed under mutually agreed conditions'.
3. On 25 September 2005 the State of Israel submitted an official request to renew this Agreement with a view to being associated to the 7th Framework Programme for Research and Development of the European Community (FP7).
4. It is in the interest of the Community to renew this Agreement in order to associate Israel to the Seventh (EC) Framework Programme and, thus, to allow a continuation of the successful S&T cooperation between the parties and the further integration of Israel into the European Research Area.
5. Consequently, on 3 October 2006 the Commission requested the Council to authorise it to negotiate the renewal of the current Agreement. On 18 December 2006 the Council authorised the negotiations, including the possibility of a provisional application so as to allow Israeli entities to participate with the status of entities established in an Associated Country in the first calls for proposals under FP7.
6. The renewal of the Agreement has been negotiated in accordance with the directives annexed to the Council Decision of 18 December 2006. The negotiations were completed on 15 February 2007, when the authorised representatives of the two parties initialled the annexed draft Agreement.
7. The draft Agreement is based on the principles of mutual benefit, reciprocal opportunities for participating in each party's programmes and activities in the areas covered by the Agreement, non-discrimination, effective protection of intellectual property and equitable sharing of intellectual property rights.
8. In the context of the renewal of the Agreement on Scientific and Technical Cooperation associating Israel to the Framework Programme, the draft Agreement is based on the principles laid down in its predecessor, particularly with regard to Israel's contribution to the budget of the FP. However it has been adapted to the specific features of FP7:
In particular, it provides for the possible participation of Israel in the legal structures created under Articles 169 and 171 of the EC Treaty subject to the rules (Council and EP decisions and Council regulations) that will be adopted for the establishment of these legal structures and provided that these rules will become applicable in Israel. The agreement foresees that the EC/Israel Research Committee in which, according to the Article 4 of the Agreement, the Commission represents the Community shall decide on the applicability of these rules in Israel. The Commission, therefore, invites the Council to authorise the Commission to adopt in the EC/Israel Research Committee the position of the Community on decisions according to Article 2 i on the applicability in Israel of the rules for the establishment of the legal structures created under Articles 169 and 171 of the EC Treaty.
Furthermore, the agreement foresees that the EC/Israel Research Committee may identify on request the regions of Israel that fulfil the criteria set out in Article 5 i of Council Regulation (EC) No 1083/2006 i and may therefore be eligible regions benefiting from research actions under the Work Programme 'Research Potential' under the specific 'Capacities' programme. The Commission invites the Council to authorise the Commission to adopt in the EC/Israel Research Committee the position of the Community on decisions according to Article 4 i of the Agreement on the identification of these regions.
9. Following the entry into force of FP7, in view of the fact that the associated States make annual contributions to the respective budgets and of the time needed for negotiation of this renewal, it is proposed that this Agreement should apply provisionally as of 1 January 2007 subject to conclusion at a later date.
10. Finally, the representatives of the two parties agreed to attach a Joint declaration of the contracting parties on a close dialogue in view of the implementation of new structures implementing Articles 169 and 171 of the EC-Treaty.
11. In the light of the above considerations, the Commission proposes that the Council:
– Approves on behalf of the European Community the attached decisions;
– Notifies the Israeli authorities that the European Community has completed the procedures necessary for the entry into force of the Agreement.
Proposal for a
COUNCIL DECISION
concerning the signature and provisional application of the Agreement on Scientific and Technical Cooperation between the European Community and the State of Israel
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 i,
Having regard to the proposal from the Commission i,
Whereas:
The Commission has negotiated, on behalf of the Community an Agreement on Scientific and Technological Cooperation with the State of Israel also providing for provisional application of the renewed Agreement as of 1 January 2007. Provisional application would enable Israeli entities to participate in the first calls for proposals under the Seventh Framework Programme.
The negotiations resulted in the draft Agreement initialled on 15 February 2007 by the authorised representatives of the two parties.
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
Subject to conclusion at a later date, the President of the Council is hereby authorised to designate the person empowered to sign, on behalf of the Community, the Agreement on Scientific and Technical Cooperation between the European Community of the one part and the State of Israel of the other part and the Joint Declaration attached to the Agreement.
The text of the Agreement is annexed to this Decision.
Article 2
The Agreement on Scientific and Technological Cooperation between the European Community of the one part, and the State of Israel, of the other part, shall be applied provisionally.
Article 3
1. The Commission shall adopt the position of the Community to be taken in the EC/Israel Research Committee established by Article 4 of the Agreement with regard to decisions according to Annex I.I.1 of the Agreement on the applicability in Israel of the rules for the establishment of the legal structures created under Articles 169 and 171 of the EC Treaty.
2. The Commission shall adopt the position of the Community to be taken in the EC/Israel Research Committee established by Article 4 of the Agreement with regard to decisions according to Article 4 i of the Agreement identifying regions of Israel that may be eligible regions benefiting from research actions under the Work Programme “Research Potential” under the specific “Capacities” programme.
Article 4
The decision shall be published in the Official Journal of the European Union.
Done at Brussels,
For the Council
The President