Explanatory Memorandum to COM(2018)141 - Extension of the Agreement for scientific and technological cooperation between the EU and the Government of the USA - Main contents
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dossier | COM(2018)141 - Extension of the Agreement for scientific and technological cooperation between the EU and the Government of the USA. |
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source | COM(2018)141 ![]() |
date | 21-03-2018 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Since 1998 the European Union (EU) and the United States of America (US) have been strategic partners for research. A first bilateral Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America 1 ('the Agreement') was signed in Washington, DC, on 5 December 1997 and entered into force on 14 October 1998. Since then, the Agreement was extended three times, i.e. in 2003 2 , in 2008 3 and in 2013 4 for an additional period of 5 years each time. The second extension included an amendment, namely the addition of research on security and space to the list of sectors for cooperative activities (Article 4).
Article 12 letter (b) of the Agreement stipulates that: 'This Agreement is concluded for an initial period of five years. Subject to review by the Parties in the final year of each successive period, the Agreement may be extended with possible amendments, thereafter for additional periods of five years by mutual written agreement between the Parties'.
The current Agreement is due to expire on 14 October 2018.
An assessment of how the cooperation with the US is evolving and how it contributes to the objectives of the strategy for international cooperation has been carried out by Commission service. This assessment clearly demonstrates that the Agreement provides an important framework for facilitating cooperation between the EU and the US in common Science & Technology (S&T) priority areas leading to mutual benefits. The main instrument for cooperation is the EU Framework Programme for Research and Innovation.
The EU's relationship with the US in Science, Technology and Innovation (STI) is stronger than with any other country outside Europe. Among non-Associated third countries, the US is by far the most active country in Horizon 2020 so far. This is true for the amounts of mutual research and development (R&D) investment, flows of scientists, volumes of cooperative activities and the number of co-authored publications and patents. These STI links reflect the strength of our economic ties with the US. If the US and the EU can find ways to meaningfully develop joint efforts, the results will lead to economic growth and jobs, a higher quality of life and joint solutions for global challenges.
Among many great achievements, cooperation between the EU and the US in science and technology led to the signature of the Galway Statement in May 2013 and the launch of the Atlantic Ocean Research Alliance (AORA). Ever since, cooperation in marine and arctic research continues to gather momentum and global international recognition. The various AORA working groups have delivered world class results on various cooperation areas, such as seabed mapping, observing systems, aquaculture, ocean literacy, ocean health and stressors.
It is therefore in the EU's interest to extend the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America for a new period of five years.
At the EU-US Joint Consultative Group established by the Agreement, held in Washington on 23 October 2017, both Parties confirmed their intention to extend the Agreement and agreed to continue cooperation, building on the ongoing success of programs alignment. Both Parties recognized the role of research and innovation as key drivers of jobs and economic growth, and that transatlantic research cooperation has been a primary source of new technologies and scientific discoveries for over a century.
The substance of the extended Agreement should be identical to that of the current Agreement, as discussed and agreed with the US counterparts.
• Consistency with existing policy provisions in the policy area
This initiative is fully in line with the EU’s international cooperation strategy for research & innovation 5 , whereby the US is a strategic partner of the EU in research and innovation. The EU’s strategy clearly states the importance of science & technology agreements as vehicles for defining and implementing multiannual roadmaps for cooperation with non-EU countries. The Agreement is also a means of implementing the EU’s international cooperation strategy for research and innovation, which calls for more internationalisation and openness in the EU’s research & innovation landscape.
• Consistency with other Union policies
The EU’s global strategy for the EU’s foreign and security policy confirms that research cooperation is an important aspect of EU foreign policy and sees research cooperation as an essential element of stronger socioeconomic ties.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The EU’s power to act internationally in research and technological development is based on Article 186 TFEU. The procedural legal basis for the proposal is point (a)(v) of the second subparagraph of Article 218(6) TFEU.
• Subsidiarity (for non-exclusive competence)
The EU and its Members States have shared parallel competence in the area of research and technological development in accordance with Article 4(3) TFEU. Therefore EU's action cannot be replaced by action of Member States.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Regulatory fitness and simplification
This initiative is not part of the REFIT agenda.
4. BUDGETARY IMPLICATIONS
Only human and administrative resources are required; these are set out in the legislative financial statement.
In the light of the above considerations, the Commission requests that the Council:
- approves, on behalf of the Union, and with the consent of the European Parliament, the extension of the Agreement for scientific and technological cooperation between the European Union and the Government of the United States of America, for an additional period of five years (i.e., from 14.10.2018 until 13/10/2023)
- authorises the President of the Council to designate the person(s) empowered to notify the Government of the United States of America that the Union has completed the internal procedures necessary for the entry into force of this renewed Agreement