Agreement for scientific and technological cooperation between the European Community and the Republic of South Africa

On 22 January 1996, the Council authorized the Commission to open negotiations with the Republic of South Africa with a view to establishing a cooperation agreement in the area of science and technology. These negotiations resulted in a draft text which was initialled by both Parties on 7 May 1996. Ratification procedures from the Community side were completed on 10 November 1997.

The agreement has been drawn up in the context of the new relationship between the European Union and South Africa and repeated requests by the South African authorities to develop closer relations with the European Union in the area of science and technology.
To stimulate RTD cooperation between the European Community and South Africa in areas covered by the Community's framework programme and similar activities in South Africa.
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The agreement is administered by a Joint Science and Technology Cooperation Committee (JSTCC) which is composed of representatives of the European Commission and South Africa. Meetings of the JSTCC are held alternately in the European Community and South Africa at mutually agreed times.

Once it enters into force, the agreement will be concluded for the duration of the Fourth Framework Programme. It may, however, be renewed by common agreement of the two parties for specific programmes implemented under future Community RTD framework programmes.

Cooperation under the agreement covers all research and technological development and demonstration activities related to the Community's RTD framework programmes and similar activities carried out in South Africa. Such cooperation may take the following forms:

- Participation of South African research entities in RTD projects related to the Fourth Framework Programme and a reciprocal participation of research entities of the European Community in similar South African projects;
- Shared use of research facilities;
- Visits and exchanges of scientists, engineers and technicians;
- Participation by experts in seminars, symposia and workshops;
- Exchange of information on practices, laws, regulations and programmes relevant to cooperation under this agreement;
- Other activities, as may be mutually determined by the above-mentioned Joint Science and Technology Cooperation Committee, in accordance with the applicable policies and programmes of the two Parties.

South African participation in Community projects is subject to the rules applicable for the participation of undertakings, research centres and universities in the Community's specific RTD programmes (Official Journal No L 306 of 30.11.1994). As regards South African participation in the specific programme of RTD in the field of cooperation with third countries and international organizations (INCO), South Africa is considered a developing country.

All research projects under the agreement, other than those carried out within the INCO programme, are subject to 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.

Cooperation activities are subject to the availability of funds and to the applicable laws and regulations, policies and programmes of both Parties. With the exception of activities carried out under the INCO programme, costs incurred by participants in research projects will not involve the transfer of funds from one party to another.