Agreement for scientific and technological cooperation between the European Community and Canada, 1996-

On 19 April 1993, the Commission received a mandate from the Council to negotiate an Agreement for scientific and technological cooperation between the European Community and Canada. The Agreement was signed in Halifax on 17 June 1995 and entered into force on 27 February 1996 following the completion of the formal ratification procedures by both sides.

From the Community perspective, the essential objective of the Agreement is to stimulate cooperation between the Community and Canada in terms of research covered by the research projects under the Community's RTD Framework Programmes and in the sectors covered by the Agreement (see the "Subdivisions" section of this summary).

Cooperation under the Agreement is to be conducted on the basis of mutual benefit and in accordance with the following principles:

- Timely exchange of information which may affect the actions of participants in cooperative activities;
- Effective protection of intellectual property and equitable sharing of intellectual property rights (as set out in the Annex to the Agreement), within the framework of applicable laws and regulations;
- Balanced realization of economic and social benefits by the Community and Canada in view of the contributions made to cooperative activities by the respective participants and/or parties.

This Agreement supersedes and replaces those provisions governing science and technology collaboration which are contained in the "European Communities-Canada Framework Agreement for Commercial and Economic Cooperation".

To encourage and facilitate cooperation between the European Community and Canada in research and development activities carried out by each side.

Cooperation is pursued in the following areas:

- Agriculture, including fisheries;
- Medical and health research;
- Non-nuclear energy;
- Environment, including earth observation;
- Forestry;
- Information technologies;
- Communication technologies;
- Telematics for economic and social development;
- Mineral processing.

The Agreement is administered by a Joint Science and Technology Cooperation Committee (JSTCC) which is composed of representatives of the European Community and Canada. The JSTCC is expected to meet at least once a year.

The Agreement entered into force on 27 February 1996 for an unspecified duration. It may, however, be terminated by either of the Parties at any time providing one years written notice is given.

The list of areas where cooperation may take place is set out in the "Subdivisions" section of this record. Other areas may be added to this list following a review and recommendation by the Joint Science and Technology Cooperation Committee and subject to a decision being taken by the two Parties.

Under the Agreement, cooperation may take the following forms:

- Participation of persons and legal entities, including the Parties themselves, universities, research institutions, and other bodies or undertakings, in research projects of the Community or Canada, in accordance with the procedures in force for each Party;
- Shared use of research facilities;
- Visits and exchanges of scientists, engineers or other appropriate personnel for the purposes of participating in seminars, symposia and workshops relevant to cooperation under the Agreement;
- Exchange of information on practices, laws, regulations and programmes relevant to cooperation under this Agreement;
- Other activities, as may be mutually determined by the Joint Science and Technology Cooperation Committee, in accordance with the applicable policies and programmes of the two Parties.

Joint research projects are implemented under the Agreement following the establishment of a "Joint technology management plan" (JTMP). This is a specific contract to be concluded between the participants in a research project which defines their respective rights and responsibilities. The JTMP also covers issues relating to intellectual property rights, addressing such issues as: ownership, protection, user rights for research and development purposes, exploitation and dissemination, including arrangements for joint publication, the rights and obligations of visiting researchers and dispute settlement procedures.