欧共体和约旦科学技术合作协议
技术法规类型:欧盟Eurlex法规 来源:tbtmap
OJ编号:OJ L 159, 17.6.2011, p. 108-114
中文标题:欧共体和约旦科学技术合作协议
原文标题:Agreement between the European Community and the Hashemite Kingdom of Jordan on Scientific and Technological Cooperation
文件类型:二级立法
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HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" L 159/108
EN
Official Journal of the European Union
17.6.2011
AGREEMENT
between the European Community and the Hashemite Kingdom of Jordan on Scientific and
Technological Cooperation
THE EUROPEAN COMMUNITY, hereinafter referred to as the ‘Community’,
of the one part, and
THE HASHEMITE KINGDOM OF JORDAN, hereinafter referred to as ‘Jordan’,
of the other part,
hereinafter referred to as the ‘Parties’,
CONSIDERING the Treaty establishing the European Community, and in particular Article 170 in conjunction with
Article 300(2), first subparagraph, first sentence, and paragraph 3, first subparagraph, thereof;
CONSIDERING the importance of science and technology for the economic and social development of the Parties and the
reference which was made in Article 43 of the Euro-Mediterranean Agreement establishing an association between the
European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other
part, which entered into force on 1 May 2002;
CONSIDERING the European Neighbourhood Policy and the EU strategy to strengthen the relations with the neigh
bourhood countries, in the framework of which the Parties have met and agreed on an Action Plan, one of which
priorities was ‘to strengthen cooperation in science and technology’. The Joint Action Plan of the European Neigh
bourhood Policy is in line with the Government of Jordan’s Executive Programme (2007 to 2009) for Kuluna Al
Urdun/the National Agenda, which aims to develop a sustainable socioeconomic reform process;
WHEREAS the Community and Jordan undertook common research, technological development and demonstration
activities, in various fields of common interest, and that it would be to their mutual advantage that each of them
takes part in the activities of research and development of the other, on a reciprocity basis;
WISHING to establish a formal framework for cooperation in scientific and technological research which would make it
possible to extend and intensify cooperative efforts in the fields of common interest and to encourage the use of the
results of this cooperation considering their mutual economic and social interests;
WISHING to open the European Research Area to non-member countries and in particular to the Mediterranean partner
countries,
HAVE AGREED AS FOLLOWS:
Article 1
— Timely exchange of information which may facilitate coop
erative activities;
Scope and principles
1. The
Parties
shall
encourage,
develop
and
facilitate
coop
erative activities between the Community and Jordan in fields of
— Appropriate exchange and protection of intellectual
common interest where they are pursuing research and devel
property rights;
opment activities in science and technology.
— Participation and funding in compliance with the relevant
2. Cooperative
activities
shall
be
conducted
on
the
basis
of
laws and regulations of the Parties.
the following principles:
— Promotion of a knowledge based society to foster the social
Article 2
and economic development of both Parties;
Means of cooperation
— Mutual benefit based on an overall balance of advantages;
1. Legal
entities
established
in
Jordan,
as
defined
in
Annex
I,
including either physical persons or private or public legal
persons, shall participate in indirect cooperative activities of
— Reciprocal access to the activities of research programmes
the European Community’s Framework programme for
and projects undertaken by each Party;
research and technological development and demonstration
EN
17.6.2011 Official
Journal
of
the
European
Union L
159/109
activities (hereinafter referred to as the ‘Framework
— Any other modality that would be adopted by the European
programme’), subject to the terms and conditions established
Community-Jordan Joint Scientific and Technological Coop
by, or referred to in Annexes I and II.
eration Committee, as defined in Article 4, and deemed in
conformity with the policies and procedures applicable in
both Parties.
Legal entities established in the Member States of the
Community, as defined in Annex I, shall participate in
Jordan’s research programmes and projects in themes equivalent
Article 3
to those of the Framework programme under the same
conditions as those applicable to legal entities of Jordan,
Enhancement of cooperation
subject to the terms and conditions established by, or referred
to in Annexes I and II.
1. The
Parties
will
make
every
effort,
within
the
framework
of their applicable legislation, to facilitate the free movement
and residence of research workers participating in the activities
covered by this Agreement and to facilitate cross-border
2. Cooperation
may
also
take
the
following
forms
and movement of goods intended for use in such activities.
means:
— Regular discussions on the orientations and priorities for
2. Where in accordance with its own rules the Community
research policies and planning in Jordan and the
unilaterally grants funding to a legal entity of Jordan partici
Community;
pating in a Community indirect cooperative activity, Jordan will
ensure that no charge or levy shall be imposed upon that trans
action.
— Discussions on cooperation, developments and prospects;
Article 4
— Timely provision of information concerning the implemen
Management of the Agreement
tation of programmes and research projects of Jordan and of
the Community, and concerning the results of work
European Community-Jordan Joint Scientific and
undertaken within the framework of this Agreement;
Technological Cooperation Committee
1. The
coordination
and
facilitation
of
activities
under
this
Agreement shall be performed on behalf of Jordan, by the
— Joint meetings;
Higher Council for Science and Technology and, on behalf of
the Community, by the European Commission, acting as
executive agents of the Parties (hereinafter referred to as
‘Executive Agents’).
— Visits and exchanges of research workers, engineers and
technicians, including for training purposes;
2. The
Executive
Agents
shall
establish
a
joint
committee
— Exchanges and sharing of equipment, materials and testing
called ‘European Community-Jordan Joint Scientific and Tech
services;
nological Cooperation Committee’ (hereinafter ‘the Joint
Committee’), whose functions shall include:
— Contacts between programme or project managers of Jordan
and the Community;
— Ensuring, evaluating and reviewing the implementation of
this Agreement, as well as modifying its Annexes or
adopting new ones to take into consideration evolutions
— Participation of experts in seminars, symposia and
of the Parties’ scientific policies, subject to the fulfilment
workshops;
by each of the Parties of its internal procedures for that
purpose;
— Exchanges of information on practices, laws, regulations,
and programmes relevant to cooperation under this
— Identifying, on an annual basis, potential sectors where
Agreement;
cooperation should be developed and improved and
examine any measure to that end;
— Research and technological development training;
— Regularly discussing the future orientations and priorities of
research policies and research planning in Jordan and the
— Reciprocal access to scientific and technological information
Community and the prospects for future cooperation within
within the scope of this cooperation;
this Agreement;
L 159/110
EN
Official Journal of the European Union
17.6.2011
— Making recommendations to the Parties with regard to the
2. This
Agreement
shall
enter
into
force
when
the
Parties
will
implementation of this Agreement, including the identifi
have notified to each other the completion of their internal
cation and recommendation of additions to the activities
procedures for its conclusion. Pending the completion by the
referred to in Article 2, paragraph 2 and concrete
Parties of said procedures, the Parties shall provisionally apply
measures to improve the mutual access provided for
this Agreement upon its signature. Should a Party notify the
under Article 1, paragraph 2.
other that it shall not conclude the Agreement, it is hereby
mutually agreed that projects and activities launched under
this provisional application and that are still in progress at
3. The
Joint
Committee,
which
shall
be
composed
of
repre
the time of the abovementioned notification shall continue
sentatives of the Executive Agents, shall adopt its rules of
until their completion under the conditions laid down in this
procedure.
Agreement.
4. The
Joint
Committee
shall
normally
meet
once
a
year, 3. Either
of
the
Parties
may
terminate
this
Agreement
at
any
alternatively in the Community and in Jordan. Extraordinary
time upon 6 months’ notice. Projects and activities in progress
meetings shall be held whenever necessary and agreed
at the time of termination of this Agreement shall continue
between the Parties. The conclusions and recommendations of
until their completion under the conditions laid down in this
the Joint Committee will be sent for information to the
Agreement.
Association Committee of the Euro-Mediterranean Agreement
between the European Union and the Hashemite Kingdom of
Jordan.
4. This
Agreement
shall
remain
in
force
until
such
time
as
either Party gives notice in writing to the other Party of its
intention to terminate this Agreement. In such case this
Agreement shall cease to have effect 6 months after the
Article 5
receipt of such notification.
Financing
The reciprocal participations in research activities under this
5. Should one of the Parties decide to revise its research
Agreement are set according to the conditions defined in
programmes and projects referred to in paragraph 1 of
Annex I and are subject to the legislation, regulations, policies
Article 1 that Party’s Executive Agent shall notify the
and conditions of implementation of the programmes in force
Executive Agent of the other Party of the exact content of
in the territory of each Party.
these revisions. By derogation from paragraph 3 of this
Article, this Agreement may be terminated under mutually
agreed conditions should either of the Parties notify the other
When one Party provides financial support to Participants of
within 1 month after the adoption of the revisions referred to
the other Party in connection with indirect cooperative
in this paragraph of its intention to terminate this Agreement.
activities, any grants and financial or other contributions from
the funding Party to Participants of the other Party in support
of those activities shall be granted tax and customs exemption.
6. This Agreement shall apply, on the one hand, to the terri
tories in which the Treaty establishing the European
Community is applied and under the conditions laid down in
Article 6
that Treaty and, on the other hand, to the territory of the
Hashemite Kingdom of Jordan. This shall not prevent the
Dissemination and use of the results and information
conduct of cooperative activities on the high seas, outer
space, or the territory of third countries, in accordance with
The dissemination and the use of the achieved and/or
international law.
exchanged results as well as those of information, management,
attribution and exercise of intellectual property rights resulting
from the research activities undertaken under this Agreement
are subject to the conditions provided for in Annex II.
IN WITNESS WHEREOF, the undersigned, being duly authorised
thereto by the European Community and the Hashemite
Kingdom of Jordan respectively, have signed this Agreement.
Article 7
Final provisions
Done in duplicate at Brussels, this thirtieth day of November
2009 in the Bulgarian, Czech, Danish, Dutch, English, Estonian,
1. Annexes
I
and
II
form
an
integral
part
of
this
Agreement. Finnish, French, German, Greek, Hungarian, Italian, Latvian,
All questions or disputes related to the interpretation or imple
Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak,
mentation of this Agreement shall be settled by mutual
Slovenian, Spanish, Swedish and Arabic languages, each text
agreement of the Parties.
being equally authentic.





EN
17.6.2011 Official
Journal
of
the
European
Union L
159/111
За Европейската общност
Por la Comunidad Europea
Za Evropské spoleenství
For Det Europiske Fllesskab
Für die Europische Gemeinschaft
Euroopa henduse nimel
Για την Ευρωπακ Κοιντητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā –
Europos bendrijos vardu
Az Európai Kzsség részérl
Gall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Pentru Comunitatea European
Za Európske spoloenstvo
Za Evropsko skupnost
Euroopan yhteisn puolesta
Fr Europeiska gemenskapen
За Хашемитското кралство Йордания
Por el Reino Hachemí de Jordania
Za Jordánské háimovské království
For Det Hashemitiske Kongerige Jordan
Für das Haschemitische Knigreich Jordanien
Jordaania Haimiidi Kuningriigi nimel
Για το Χασεμιτικ Βασλειο τη Ιορδανα
For the Hashemite Kingdom of Jordan
Pour le Royaume hachémite de Jordanie
Per il Regno Hashemita di Giordania
Jordānijas Hāimītu Karalistes vārdā –
Jordanijos Haimit Karalysts vardu
A Jordán Hasimita Királyság részérl
Gar-Renju axemita tal-ordan
Voor het Hasjemitisch Koninkrijk Jordani
W imieniu Jordaskiego Królestwa Haszymidzkiego
Pelo Reino Hachemita da Jordnia
Pentru Regatul Haemit al Iordaniei
Za Jordánske haimovské král’ovstvo
Za Haemitsko kraljevino Jordanijo
Jordanian haemiittisen kuningaskunnan puolesta
Fr Hashemitiska konungariket Jordanien
L 159/112
EN
Official Journal of the European Union
17.6.2011
ANNEX I
TERMS AND CONDITIONS FOR THE PARTICIPATION OF LEGAL ENTITIES ESTABLISHED IN MEMBER
STATES OF THE EUROPEAN UNION AND IN JORDAN
For the purpose of this Agreement, a legal entity means any natural person, or any legal person created under the
national law of its place of establishment or under Community law or international law, having legal personality and
being entitled to have rights and obligations of any kind in its own name.
I. Terms and conditions for the participation of legal entities established in Jordan in indirect actions of the
Framework programme
1. Participation of legal entities established in Jordan in indirect actions of the Framework programme shall follow the
conditions laid down by the European Parliament and the Council according to Article 167 of the Treaty establishing
the European Community.
In addition, legal entities established in Jordan may participate in indirect actions undertaken according to Article 164
of the Treaty establishing the European Community.
2. The Community may grant funding to legal entities established in Jordan participating in indirect actions referred to
in point 1 under the terms and conditions laid down by the decision taken by the European Parliament and the
Council (Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006) laying
down the rules for the participation of undertakings, research centres and universities in actions under the Seventh
Framework Programme and for the dissemination of research results (2007 to 2013) ( 1 ) according to Article 167 of
the Treaty establishing the European Community, the European Community’s Financial Regulations and any other
applicable Community legislation.
3. A grant agreement or contract concluded by the Community with any legal entity established in Jordan in order to
perform an indirect action shall provide for controls and audits to be carried out by, or under the authority of, the
European Commission or the Court of Auditors of the European Communities.
In a spirit of cooperation and mutual interest, the relevant Authorities of Jordan shall provide any reasonable and
feasible assistance as may be necessary or helpful under the circumstances to perform such controls and audits.
II. Terms and conditions for the participation of legal entities established in Member States of the European
Union in Jordan research programmes and projects
1. Any legal entity established in the Community, created under the national law of one of the Member States of the
European Union or under Community law, may participate in projects of Jordan research and development
programmes jointly with Jordan legal entities.
2. Subject to point 1 and to Annex II, the rights and obligations of legal entities established in the Community
participating in Jordan research projects within research and development programmes, the terms and conditions
applicable for the submission and evaluation of proposals and for the granting and conclusion of contracts in such
projects shall be subject to Jordanian laws, regulations and government directives governing the operation of research
and development programmes, as applicable to Jordan’s legal entities and assuring equitable treatment, taking into
account the nature of the cooperation between Jordan and the Community in this field.
Funding of legal entities established in the Community participating in the relevant Jordanian projects within research
and development programmes shall be subject to Jordan’s laws, regulations and government directives governing the
operation of said programmes, as applicable to non-Jordanian legal entities.
III. Information on participation opportunities
Jordan and the European Commission will regularly make available information on current programmes and partici
pation opportunities for the benefits of legal entities established in the two Parties.
( 1 ) OJ L 391, 30.12.2006, p. 1.
EN
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Journal
of
the
European
Union L
159/113
ANNEX II
PRINCIPLES ON THE ALLOCATION OF INTELLECTUAL PROPERTY RIGHTS
I. Application
For the purposes of this Agreement, ‘intellectual property’ shall have the meaning given in Article 2 of the Convention
establishing the World Intellectual Property Organisation, done at Stockholm on 14 July 1967.
For the purposes of this Agreement, ‘knowledge’ shall mean the results, including information, whether or not they
can be protected, as well as copyrights or rights pertaining to such information following applications for, or the issue
of patents, designs, plant varieties, supplementary protection certificates or similar forms of protection.
II. Intellectual property rights of legal entities of the Parties participating in indirect cooperative activities
1. Each Party shall ensure that its treatment of the intellectual property rights and obligations of legal entities established
in the other Party’s territories participating in indirect cooperative activities carried out pursuant to this Agreement
and the related rights and obligations arising from such participation, shall be consistent with the relevant laws and
regulations and international conventions that are applicable to the Parties, including the Agreement on Trade-Related
Aspects of Intellectual Property Rights, Annex 1C of the Marrakech Agreement Establishing the World Trade
Organisation as well as the Paris Act of 24 July 1971 of the Berne Convention for the Protection of Literary and
Artistic Works and the Stockholm Act of 14 July 1967 of the Paris Convention for the Protection of Industrial
Property.
2. Each Party shall ensure that the participants in indirect cooperative activities of the other Party shall have the same
treatment with regard to Intellectual Property as is accorded to the participants of the first Party under the relevant
rules of participation of each research programme or project, or its applicable laws and regulations.
III. Intellectual property rights of the Parties
1. Except if otherwise specifically agreed by the Parties, the following rules shall apply to knowledge generated by the
Parties in the course of activities carried out within Article 2 of this Agreement:
(a) the Party generating such knowledge shall be the owner of that knowledge. Where their respective share of the
work cannot be ascertained, they shall have joint ownership of such knowledge;
(b) the Party owning that knowledge shall grant access rights to it to the other Party for carrying out activities
referred to in Article 2 of this Agreement. Such access rights shall be granted on a royalty-free basis.
2. Except if otherwise specifically agreed by the Parties, the following rules shall apply to scientific literary works of the
Parties:
(a) in the case where a Party publishes scientific and technical data, information and results, by means of journals,
articles, reports, books, including video and software, arising and relating to activities carried out pursuant to this
Agreement, a worldwide, non-exclusive, irrevocable, royalty-free license shall be granted to the other Party to
translate, reproduce, adapt, transmit and publicly distribute such works;
(b) all copies of data and information, protected by copyright, that have to be publicly distributed and prepared under
this section shall indicate the names of the author(s) of the work unless an author explicitly declines to be named.
They shall also bear a clearly visible acknowledgement of the cooperative support of the Parties.
3. Except if otherwise specifically agreed by the Parties, the following rules shall apply to undisclosed information of the
Parties:
(a) when communicating to the other Party information relating to activities carried out pursuant to this Agreement,
each Party shall identify the information it wishes to remain undisclosed through confidential insignias or legends;
(b) the receiving Party may under its own responsibility communicate undisclosed information to bodies or persons
under its authority for the specific purposes of implementing this Agreement;
(c) with the prior written consent of the Party providing undisclosed information, the receiving Party may
disseminate such undisclosed information more widely than otherwise permitted in point (b). The Parties shall
cooperate in developing procedures for requesting and obtaining prior written consent for such wider dissemi
nation, and each Party will provide such approval to the extent permitted by its domestic policies, regulations and
laws;
L 159/114
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Official Journal of the European Union
17.6.2011
(d) non-documentary undisclosed or other confidential information provided in seminars and other meetings between
representatives of the Parties arranged under this Agreement, or information arising from the attachment of staff,
use of facilities or indirect actions, shall remain confidential when the recipient of such undisclosed or other
confidential or privileged information was made aware of the confidential character of the information
communicated at the time such communication was made, according to point (a);
(e) each Party shall endeavour to ensure that undisclosed information received by it under points (a) and (d) is
controlled as provided herein. If one of the Parties becomes aware that it will be, or may be reasonably expected
to become, unable to meet the non-dissemination provisions laid down in points (a) and (d), it shall immediately
inform the other Party. The Parties shall thereafter consult to define an appropriate course of action.
EN
Official Journal of the European Union
17.6.2011
AGREEMENT
between the European Community and the Hashemite Kingdom of Jordan on Scientific and
Technological Cooperation
THE EUROPEAN COMMUNITY, hereinafter referred to as the ‘Community’,
of the one part, and
THE HASHEMITE KINGDOM OF JORDAN, hereinafter referred to as ‘Jordan’,
of the other part,
hereinafter referred to as the ‘Parties’,
CONSIDERING the Treaty establishing the European Community, and in particular Article 170 in conjunction with
Article 300(2), first subparagraph, first sentence, and paragraph 3, first subparagraph, thereof;
CONSIDERING the importance of science and technology for the economic and social development of the Parties and the
reference which was made in Article 43 of the Euro-Mediterranean Agreement establishing an association between the
European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other
part, which entered into force on 1 May 2002;
CONSIDERING the European Neighbourhood Policy and the EU strategy to strengthen the relations with the neigh
bourhood countries, in the framework of which the Parties have met and agreed on an Action Plan, one of which
priorities was ‘to strengthen cooperation in science and technology’. The Joint Action Plan of the European Neigh
bourhood Policy is in line with the Government of Jordan’s Executive Programme (2007 to 2009) for Kuluna Al
Urdun/the National Agenda, which aims to develop a sustainable socioeconomic reform process;
WHEREAS the Community and Jordan undertook common research, technological development and demonstration
activities, in various fields of common interest, and that it would be to their mutual advantage that each of them
takes part in the activities of research and development of the other, on a reciprocity basis;
WISHING to establish a formal framework for cooperation in scientific and technological research which would make it
possible to extend and intensify cooperative efforts in the fields of common interest and to encourage the use of the
results of this cooperation considering their mutual economic and social interests;
WISHING to open the European Research Area to non-member countries and in particular to the Mediterranean partner
countries,
HAVE AGREED AS FOLLOWS:
Article 1
— Timely exchange of information which may facilitate coop
erative activities;
Scope and principles
1. The
Parties
shall
encourage,
develop
and
facilitate
coop
erative activities between the Community and Jordan in fields of
— Appropriate exchange and protection of intellectual
common interest where they are pursuing research and devel
property rights;
opment activities in science and technology.
— Participation and funding in compliance with the relevant
2. Cooperative
activities
shall
be
conducted
on
the
basis
of
laws and regulations of the Parties.
the following principles:
— Promotion of a knowledge based society to foster the social
Article 2
and economic development of both Parties;
Means of cooperation
— Mutual benefit based on an overall balance of advantages;
1. Legal
entities
established
in
Jordan,
as
defined
in
Annex
I,
including either physical persons or private or public legal
persons, shall participate in indirect cooperative activities of
— Reciprocal access to the activities of research programmes
the European Community’s Framework programme for
and projects undertaken by each Party;
research and technological development and demonstration
EN
17.6.2011 Official
Journal
of
the
European
Union L
159/109
activities (hereinafter referred to as the ‘Framework
— Any other modality that would be adopted by the European
programme’), subject to the terms and conditions established
Community-Jordan Joint Scientific and Technological Coop
by, or referred to in Annexes I and II.
eration Committee, as defined in Article 4, and deemed in
conformity with the policies and procedures applicable in
both Parties.
Legal entities established in the Member States of the
Community, as defined in Annex I, shall participate in
Jordan’s research programmes and projects in themes equivalent
Article 3
to those of the Framework programme under the same
conditions as those applicable to legal entities of Jordan,
Enhancement of cooperation
subject to the terms and conditions established by, or referred
to in Annexes I and II.
1. The
Parties
will
make
every
effort,
within
the
framework
of their applicable legislation, to facilitate the free movement
and residence of research workers participating in the activities
covered by this Agreement and to facilitate cross-border
2. Cooperation
may
also
take
the
following
forms
and movement of goods intended for use in such activities.
means:
— Regular discussions on the orientations and priorities for
2. Where in accordance with its own rules the Community
research policies and planning in Jordan and the
unilaterally grants funding to a legal entity of Jordan partici
Community;
pating in a Community indirect cooperative activity, Jordan will
ensure that no charge or levy shall be imposed upon that trans
action.
— Discussions on cooperation, developments and prospects;
Article 4
— Timely provision of information concerning the implemen
Management of the Agreement
tation of programmes and research projects of Jordan and of
the Community, and concerning the results of work
European Community-Jordan Joint Scientific and
undertaken within the framework of this Agreement;
Technological Cooperation Committee
1. The
coordination
and
facilitation
of
activities
under
this
Agreement shall be performed on behalf of Jordan, by the
— Joint meetings;
Higher Council for Science and Technology and, on behalf of
the Community, by the European Commission, acting as
executive agents of the Parties (hereinafter referred to as
‘Executive Agents’).
— Visits and exchanges of research workers, engineers and
technicians, including for training purposes;
2. The
Executive
Agents
shall
establish
a
joint
committee
— Exchanges and sharing of equipment, materials and testing
called ‘European Community-Jordan Joint Scientific and Tech
services;
nological Cooperation Committee’ (hereinafter ‘the Joint
Committee’), whose functions shall include:
— Contacts between programme or project managers of Jordan
and the Community;
— Ensuring, evaluating and reviewing the implementation of
this Agreement, as well as modifying its Annexes or
adopting new ones to take into consideration evolutions
— Participation of experts in seminars, symposia and
of the Parties’ scientific policies, subject to the fulfilment
workshops;
by each of the Parties of its internal procedures for that
purpose;
— Exchanges of information on practices, laws, regulations,
and programmes relevant to cooperation under this
— Identifying, on an annual basis, potential sectors where
Agreement;
cooperation should be developed and improved and
examine any measure to that end;
— Research and technological development training;
— Regularly discussing the future orientations and priorities of
research policies and research planning in Jordan and the
— Reciprocal access to scientific and technological information
Community and the prospects for future cooperation within
within the scope of this cooperation;
this Agreement;
L 159/110
EN
Official Journal of the European Union
17.6.2011
— Making recommendations to the Parties with regard to the
2. This
Agreement
shall
enter
into
force
when
the
Parties
will
implementation of this Agreement, including the identifi
have notified to each other the completion of their internal
cation and recommendation of additions to the activities
procedures for its conclusion. Pending the completion by the
referred to in Article 2, paragraph 2 and concrete
Parties of said procedures, the Parties shall provisionally apply
measures to improve the mutual access provided for
this Agreement upon its signature. Should a Party notify the
under Article 1, paragraph 2.
other that it shall not conclude the Agreement, it is hereby
mutually agreed that projects and activities launched under
this provisional application and that are still in progress at
3. The
Joint
Committee,
which
shall
be
composed
of
repre
the time of the abovementioned notification shall continue
sentatives of the Executive Agents, shall adopt its rules of
until their completion under the conditions laid down in this
procedure.
Agreement.
4. The
Joint
Committee
shall
normally
meet
once
a
year, 3. Either
of
the
Parties
may
terminate
this
Agreement
at
any
alternatively in the Community and in Jordan. Extraordinary
time upon 6 months’ notice. Projects and activities in progress
meetings shall be held whenever necessary and agreed
at the time of termination of this Agreement shall continue
between the Parties. The conclusions and recommendations of
until their completion under the conditions laid down in this
the Joint Committee will be sent for information to the
Agreement.
Association Committee of the Euro-Mediterranean Agreement
between the European Union and the Hashemite Kingdom of
Jordan.
4. This
Agreement
shall
remain
in
force
until
such
time
as
either Party gives notice in writing to the other Party of its
intention to terminate this Agreement. In such case this
Agreement shall cease to have effect 6 months after the
Article 5
receipt of such notification.
Financing
The reciprocal participations in research activities under this
5. Should one of the Parties decide to revise its research
Agreement are set according to the conditions defined in
programmes and projects referred to in paragraph 1 of
Annex I and are subject to the legislation, regulations, policies
Article 1 that Party’s Executive Agent shall notify the
and conditions of implementation of the programmes in force
Executive Agent of the other Party of the exact content of
in the territory of each Party.
these revisions. By derogation from paragraph 3 of this
Article, this Agreement may be terminated under mutually
agreed conditions should either of the Parties notify the other
When one Party provides financial support to Participants of
within 1 month after the adoption of the revisions referred to
the other Party in connection with indirect cooperative
in this paragraph of its intention to terminate this Agreement.
activities, any grants and financial or other contributions from
the funding Party to Participants of the other Party in support
of those activities shall be granted tax and customs exemption.
6. This Agreement shall apply, on the one hand, to the terri
tories in which the Treaty establishing the European
Community is applied and under the conditions laid down in
Article 6
that Treaty and, on the other hand, to the territory of the
Hashemite Kingdom of Jordan. This shall not prevent the
Dissemination and use of the results and information
conduct of cooperative activities on the high seas, outer
space, or the territory of third countries, in accordance with
The dissemination and the use of the achieved and/or
international law.
exchanged results as well as those of information, management,
attribution and exercise of intellectual property rights resulting
from the research activities undertaken under this Agreement
are subject to the conditions provided for in Annex II.
IN WITNESS WHEREOF, the undersigned, being duly authorised
thereto by the European Community and the Hashemite
Kingdom of Jordan respectively, have signed this Agreement.
Article 7
Final provisions
Done in duplicate at Brussels, this thirtieth day of November
2009 in the Bulgarian, Czech, Danish, Dutch, English, Estonian,
1. Annexes
I
and
II
form
an
integral
part
of
this
Agreement. Finnish, French, German, Greek, Hungarian, Italian, Latvian,
All questions or disputes related to the interpretation or imple
Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak,
mentation of this Agreement shall be settled by mutual
Slovenian, Spanish, Swedish and Arabic languages, each text
agreement of the Parties.
being equally authentic.





EN
17.6.2011 Official
Journal
of
the
European
Union L
159/111
За Европейската общност
Por la Comunidad Europea
Za Evropské spoleenství
For Det Europiske Fllesskab
Für die Europische Gemeinschaft
Euroopa henduse nimel
Για την Ευρωπακ Κοιντητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā –
Europos bendrijos vardu
Az Európai Kzsség részérl
Gall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Pentru Comunitatea European
Za Európske spoloenstvo
Za Evropsko skupnost
Euroopan yhteisn puolesta
Fr Europeiska gemenskapen
За Хашемитското кралство Йордания
Por el Reino Hachemí de Jordania
Za Jordánské háimovské království
For Det Hashemitiske Kongerige Jordan
Für das Haschemitische Knigreich Jordanien
Jordaania Haimiidi Kuningriigi nimel
Για το Χασεμιτικ Βασλειο τη Ιορδανα
For the Hashemite Kingdom of Jordan
Pour le Royaume hachémite de Jordanie
Per il Regno Hashemita di Giordania
Jordānijas Hāimītu Karalistes vārdā –
Jordanijos Haimit Karalysts vardu
A Jordán Hasimita Királyság részérl
Gar-Renju axemita tal-ordan
Voor het Hasjemitisch Koninkrijk Jordani
W imieniu Jordaskiego Królestwa Haszymidzkiego
Pelo Reino Hachemita da Jordnia
Pentru Regatul Haemit al Iordaniei
Za Jordánske haimovské král’ovstvo
Za Haemitsko kraljevino Jordanijo
Jordanian haemiittisen kuningaskunnan puolesta
Fr Hashemitiska konungariket Jordanien
L 159/112
EN
Official Journal of the European Union
17.6.2011
ANNEX I
TERMS AND CONDITIONS FOR THE PARTICIPATION OF LEGAL ENTITIES ESTABLISHED IN MEMBER
STATES OF THE EUROPEAN UNION AND IN JORDAN
For the purpose of this Agreement, a legal entity means any natural person, or any legal person created under the
national law of its place of establishment or under Community law or international law, having legal personality and
being entitled to have rights and obligations of any kind in its own name.
I. Terms and conditions for the participation of legal entities established in Jordan in indirect actions of the
Framework programme
1. Participation of legal entities established in Jordan in indirect actions of the Framework programme shall follow the
conditions laid down by the European Parliament and the Council according to Article 167 of the Treaty establishing
the European Community.
In addition, legal entities established in Jordan may participate in indirect actions undertaken according to Article 164
of the Treaty establishing the European Community.
2. The Community may grant funding to legal entities established in Jordan participating in indirect actions referred to
in point 1 under the terms and conditions laid down by the decision taken by the European Parliament and the
Council (Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006) laying
down the rules for the participation of undertakings, research centres and universities in actions under the Seventh
Framework Programme and for the dissemination of research results (2007 to 2013) ( 1 ) according to Article 167 of
the Treaty establishing the European Community, the European Community’s Financial Regulations and any other
applicable Community legislation.
3. A grant agreement or contract concluded by the Community with any legal entity established in Jordan in order to
perform an indirect action shall provide for controls and audits to be carried out by, or under the authority of, the
European Commission or the Court of Auditors of the European Communities.
In a spirit of cooperation and mutual interest, the relevant Authorities of Jordan shall provide any reasonable and
feasible assistance as may be necessary or helpful under the circumstances to perform such controls and audits.
II. Terms and conditions for the participation of legal entities established in Member States of the European
Union in Jordan research programmes and projects
1. Any legal entity established in the Community, created under the national law of one of the Member States of the
European Union or under Community law, may participate in projects of Jordan research and development
programmes jointly with Jordan legal entities.
2. Subject to point 1 and to Annex II, the rights and obligations of legal entities established in the Community
participating in Jordan research projects within research and development programmes, the terms and conditions
applicable for the submission and evaluation of proposals and for the granting and conclusion of contracts in such
projects shall be subject to Jordanian laws, regulations and government directives governing the operation of research
and development programmes, as applicable to Jordan’s legal entities and assuring equitable treatment, taking into
account the nature of the cooperation between Jordan and the Community in this field.
Funding of legal entities established in the Community participating in the relevant Jordanian projects within research
and development programmes shall be subject to Jordan’s laws, regulations and government directives governing the
operation of said programmes, as applicable to non-Jordanian legal entities.
III. Information on participation opportunities
Jordan and the European Commission will regularly make available information on current programmes and partici
pation opportunities for the benefits of legal entities established in the two Parties.
( 1 ) OJ L 391, 30.12.2006, p. 1.
EN
17.6.2011 Official
Journal
of
the
European
Union L
159/113
ANNEX II
PRINCIPLES ON THE ALLOCATION OF INTELLECTUAL PROPERTY RIGHTS
I. Application
For the purposes of this Agreement, ‘intellectual property’ shall have the meaning given in Article 2 of the Convention
establishing the World Intellectual Property Organisation, done at Stockholm on 14 July 1967.
For the purposes of this Agreement, ‘knowledge’ shall mean the results, including information, whether or not they
can be protected, as well as copyrights or rights pertaining to such information following applications for, or the issue
of patents, designs, plant varieties, supplementary protection certificates or similar forms of protection.
II. Intellectual property rights of legal entities of the Parties participating in indirect cooperative activities
1. Each Party shall ensure that its treatment of the intellectual property rights and obligations of legal entities established
in the other Party’s territories participating in indirect cooperative activities carried out pursuant to this Agreement
and the related rights and obligations arising from such participation, shall be consistent with the relevant laws and
regulations and international conventions that are applicable to the Parties, including the Agreement on Trade-Related
Aspects of Intellectual Property Rights, Annex 1C of the Marrakech Agreement Establishing the World Trade
Organisation as well as the Paris Act of 24 July 1971 of the Berne Convention for the Protection of Literary and
Artistic Works and the Stockholm Act of 14 July 1967 of the Paris Convention for the Protection of Industrial
Property.
2. Each Party shall ensure that the participants in indirect cooperative activities of the other Party shall have the same
treatment with regard to Intellectual Property as is accorded to the participants of the first Party under the relevant
rules of participation of each research programme or project, or its applicable laws and regulations.
III. Intellectual property rights of the Parties
1. Except if otherwise specifically agreed by the Parties, the following rules shall apply to knowledge generated by the
Parties in the course of activities carried out within Article 2 of this Agreement:
(a) the Party generating such knowledge shall be the owner of that knowledge. Where their respective share of the
work cannot be ascertained, they shall have joint ownership of such knowledge;
(b) the Party owning that knowledge shall grant access rights to it to the other Party for carrying out activities
referred to in Article 2 of this Agreement. Such access rights shall be granted on a royalty-free basis.
2. Except if otherwise specifically agreed by the Parties, the following rules shall apply to scientific literary works of the
Parties:
(a) in the case where a Party publishes scientific and technical data, information and results, by means of journals,
articles, reports, books, including video and software, arising and relating to activities carried out pursuant to this
Agreement, a worldwide, non-exclusive, irrevocable, royalty-free license shall be granted to the other Party to
translate, reproduce, adapt, transmit and publicly distribute such works;
(b) all copies of data and information, protected by copyright, that have to be publicly distributed and prepared under
this section shall indicate the names of the author(s) of the work unless an author explicitly declines to be named.
They shall also bear a clearly visible acknowledgement of the cooperative support of the Parties.
3. Except if otherwise specifically agreed by the Parties, the following rules shall apply to undisclosed information of the
Parties:
(a) when communicating to the other Party information relating to activities carried out pursuant to this Agreement,
each Party shall identify the information it wishes to remain undisclosed through confidential insignias or legends;
(b) the receiving Party may under its own responsibility communicate undisclosed information to bodies or persons
under its authority for the specific purposes of implementing this Agreement;
(c) with the prior written consent of the Party providing undisclosed information, the receiving Party may
disseminate such undisclosed information more widely than otherwise permitted in point (b). The Parties shall
cooperate in developing procedures for requesting and obtaining prior written consent for such wider dissemi
nation, and each Party will provide such approval to the extent permitted by its domestic policies, regulations and
laws;
L 159/114
EN
Official Journal of the European Union
17.6.2011
(d) non-documentary undisclosed or other confidential information provided in seminars and other meetings between
representatives of the Parties arranged under this Agreement, or information arising from the attachment of staff,
use of facilities or indirect actions, shall remain confidential when the recipient of such undisclosed or other
confidential or privileged information was made aware of the confidential character of the information
communicated at the time such communication was made, according to point (a);
(e) each Party shall endeavour to ensure that undisclosed information received by it under points (a) and (d) is
controlled as provided herein. If one of the Parties becomes aware that it will be, or may be reasonably expected
to become, unable to meet the non-dissemination provisions laid down in points (a) and (d), it shall immediately
inform the other Party. The Parties shall thereafter consult to define an appropriate course of action.
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