HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 99/2
EN
Official Journal of the European Union
5.4.2012
AGREEMENT
between the European Union and the People’s Democratic Republic of Algeria on scientific and
technological cooperation
THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
of the one part, and
THE PEOPLE’S DEMOCRATIC REPUBLIC OF ALGERIA, hereinafter referred to as ‘Algeria’,
of the other part,
hereinafter referred to as ‘the Parties’,
HAVING REGARD TO the importance of science and technology for the economic and social development of the two
Parties and the reference made in Article 51 of the Euro-Mediterranean Agreement establishing an Association between
the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the
other part, which came into force on 1 September 2005;
HAVING REGARD TO the European Neighbourhood Policy and the Union’s strategy for strengthening its relations with
neighbouring countries;
WHEREAS the Union and Algeria have undertaken joint research, technological development and demonstration activ
ities, in various fields of common interest, and it would be to their mutual advantage for each to take part in the other
party’s research and development activities, on a reciprocal 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 to further the Parties’ 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
(e) appropriate exchange and protection of intellectual property
rights;
Scope and principles
1. The Parties shall encourage,
develop and facilitate
cooperation activities between the Union and Algeria in fields
(f) participation and funding in compliance with the relevant
of common interest where they are pursuing research and devel
laws and regulations of the Parties.
opment activities in science and technology.
Article 2
2. Cooperation
activities
shall
be
conducted
on
the
basis
of
Means of cooperation
the following principles:
1. Legal
entities
established
in
Algeria,
as
defined
in
Annex
I,
including either physical persons or private or public legal
persons, shall participate in indirect cooperation activities of
(a) promotion of a knowledge-based society to foster the social
the Union’s Framework Programme for research and tech
and economic development of both Parties;
nological development and demonstration activities (hereinafter
referred to as the ‘Framework Programme’), in accordance with
the terms and conditions established by or referred to in
(b) mutual benefit based on an overall balance of advantages;
Annexes I and II.
(c) reciprocal access to the activities of research programmes
Legal entities established in the Member States of the Union, as
and technological developments undertaken by each Party;
defined in Annex I, shall participate in Algeria’s research
programmes and projects in thematic areas equivalent to
those of the Framework programme under the same terms
(d) timely exchange of information which may facilitate
and conditions established by, or referred to in Annexes I
cooperative activities;
and II.

---

EN
5.4.2012 Official
Journal
of
the
European
Union L
99/3
2. Cooperation may also take the following forms:
(q) access to research infrastructures;
(a) regular discussions on the guidelines and priorities for
research policies and planning in Algeria and the Union;
(r) possibility of co-financing and coordinating research activ
ities.
(b) discussions on cooperation, developments and future pros
pects;
Article 3
Enhancement of cooperation
(c) the timely provision of information concerning the imple
mentation of programmes and research projects of Algeria
The Parties shall make every effort, within the framework of
and of the Union, and concerning the results of work
their applicable legislation, to facilitate the free movement and
undertaken within the framework of this Agreement;
residence of research workers participating in the activities
covered by this Agreement and to facilitate cross-border
movement of goods intended for use in such activities.
(d) joint meetings;
(e) visits and exchanges of research workers, engineers and
Article 4
technicians, including for training purposes;
Management of the Agreement
European Union-Algeria Joint Scientific and Technological
(f) exchanges
and
sharing
of
equipment,
materials
and
testing
Cooperation Committee
services;
1. The
coordination
and
facilitation
of
activities
under
this
Agreement shall be performed on behalf of Algeria, by the
(g) contacts between programme or project managers of
Ministry of Higher Education and Scientific Research and, on
Algeria and the Union;
behalf of the Union, by the European Commission, acting as
executive agents of the Parties (hereinafter referred to as
(h) participation of experts in seminars, symposia and work
‘executive agents’).
shops;
2. The
executive
agents
shall
establish
a
joint
committee
(i) exchanges of information on practices, laws, regulations,
called the ‘European Union-Algeria Joint Scientific and Tech
and programmes relevant to cooperation under this
nological Cooperation Committee’ (hereinafter ‘the Joint
Agreement;
Committee’), whose functions shall include:
(j) research
and
technological
development
training;
(a) ensuring, evaluating and reviewing the implementation of
this Agreement, as well as modifying its Annexes or
(k) reciprocal access to scientific and technologic information
adopting new ones to take account of developments in
in the framework of this cooperation;
the Parties’ scientific policies, subject to the fulfilment by
each of the Parties of its internal procedures for that
(l) any other means to be adopted by the European Union-
purpose;
Algeria Joint Scientific and Technological Cooperation
Committee, as defined in Article 4, and deemed in
conformity with the policies and procedures applicable in
(b) identifying, on an annual basis, potential sectors where
both Parties;
cooperation should be developed and improved and
examine any measure which could be taken to that end;
(m) supporting the optimum exploitation of the results of
research and development by innovating companies in
order to promote the spread of new knowledge and inno
(c) regularly examining the future orientations and priorities of
vation;
research policies and research planning in Algeria and the
Union and the prospects for future cooperation within the
framework of this Agreement;
(n) assisting the management of scientific research and
supporting the setting up of an information system on
research;
(d) making recommendations to the Parties with regard to the
implementation of this Agreement, including the identifi
(o) examining the possibility of cooperation in setting up incu
cation and recommendation of additions to the activities
bators and nurseries and the start-up and creation of
referred to in Article 2(2) and specific measures to
research centres, including by means of European
improve the mutual access provided for under Article 1(2);
programmes other than the Framework Programme;
(e) making, subject to each Party’s domestic approval processes,
(p) promoting cooperation by means of research and devel
technical amendments to this Agreement as may be
opment projects;
required.

---

L 99/4
EN
Official Journal of the European Union
5.4.2012
3. The
Joint
Committee,
which
shall
be
formed
of
represen
procedures for its conclusion. Pending the completion of
tatives of the Executive Agents, shall adopt its rules of
these procedures by the Parties, the Parties shall provisionally
procedure.
apply this Agreement upon its signature. Should a Party notify
the other that it will not conclude the Agreement, the projects
and activities commenced during the period of provisional
application and which are still ongoing at the time of the afore
4. The
Joint
Committee
shall
normally
meet
once
a
year, mentioned notification shall continue until their completion
with the location of that meeting alternating between the
under the conditions laid down in this Agreement.
Union and Algeria. Extraordinary meetings shall be held
whenever necessary and agreed between the Parties. The
conclusions and recommendations of the Joint Committee
shall be sent for information to the Association Committee of
3. Either
of
the
Parties
may
terminate
this
Agreement
at
any
the Euro-Mediterranean Agreement establishing an Association
time by giving six months’ notice. Projects and activities in
between the European Community and its Member States, of
progress at the time of termination of the Agreement shall
the one part, and the People’s Democratic Republic of Algeria,
continue until their completion under the conditions laid
of the other part.
down therein.
Article 5
4. This
Agreement
shall
remain
in
force
after
the
initial
Financing
period until such time as either Party gives notice in writing
to the other Party of its intention to terminate it. In this event,
The level of participation in research activities under this
the Agreement shall cease to have effect six months after the
Agreement is set according to the conditions defined in
receipt of such notification.
Annex I and is subject to the legislation, regulations, policies
and conditions of implementation of the programmes in force
in the territory of each Party.
5. If
one
of
the
Parties
decides
to
modify
its
research
programmes or projects referred to in Article 1(1), the
executive agent of that Party shall notify the executive agent
When one Party grants financial support to participants of the
of the other Party of the precise content of the amendments in
other Party in connection with indirect cooperative activities,
question. By way of derogation from paragraph 3 of this
any grants and financial or other contributions made by the
Article, this Agreement may be terminated under mutually
funding Party to participants of the other Party in support of
agreed conditions should either of the Parties notify the other
those activities shall be granted tax and customs duty
within one month after the adoption of the amendments
exemption in accordance with the relevant laws and regulations
referred to in this paragraph of its intention to terminate this
in force in the territory of each Party at the time such grants
Agreement.
and financial or other contributions are made.
6. This Agreement shall apply, on the one hand, to the terri
Article 6
tories in which the Treaty on European Union and the Treaty
Dissemination and use of the results and information
on the Functioning of the European Union apply and under the
conditions laid down in these Treaties, and, on the other hand,
The dissemination and the use of the results and information
to the territory of the People’s Democratic Republic of Algeria.
obtained and/or exchanged and the management, allocation and
This shall not prevent the conduct of cooperative activities on
exercise of intellectual property rights resulting from the
the high seas, in space, or the territory of third countries, in
research activities undertaken under this Agreement shall be
accordance with international law.
subject to the conditions provided for in Annex II.
Article 7
IN WITNESS WHEREOF, the undersigned, being duly authorised
Final provisions
to that end by the European Union and the People’s Democratic
Republic of Algeria respectively, have signed this agreement.
1. Annexes
I
and
II
shall
form
an
integral
part
of
this
Agreement. Any questions or disputes relating to the interpre
tation or implementation of this Agreement shall be settled by
mutual agreement of the Parties.
DONE in duplicate at Algiers, on the nineteenth day of March in
the year two thousand and twelve, in the Bulgarian, Czech,
Danish, Dutch, English, Estonian, Finnish, French, German,
Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
2. This
Agreement
shall
enter
into
force
once
the
Parties Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and
have notified each other of the completion of their internal
Arabic languages, each text being equally authentic.

---

EN
5.4.2012 Official
Journal
of
the
European
Union L
99/5
За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europiske Union
Für die Europische Union
Euroopa Liidu nimel
Για την Ευρωπακ νωση
For the European Union
Pour l’Union européenne
Per l’Unione europea
Eiropas Savienības vārdā –
Europos Sjungos vardu
Az Európai Unió részérl
Gall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela Unio Europeia
Pentru Uniunea European
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
Fr Europeiska unionen
За правителството на Алжирската демократична народна република
Por el Gobierno de la República Argelina Democrática y Popular
Za vládu Alírské demokratické a lidové republiky
For regeringen for Den Demokratiske Folkerepublik Algeriet
Für die Regierung der Demokratischen Volksrepublik Algerien
Aleeria Demokraatliku Rahvavabariigi valitsusele
Για την κυβρνηση τη Λακ Δημοκρατα τη Αλγερα
For the Government of the People’s Democratic Republic of Algeria
Pour le gouvernement de la République algérienne démocratique et populaire
Per il governo della Repubblica algerina democratica e popolare
Alīrijas Tautas Demokrātiskās Republikas valdības vārdā –
Alyro Liaudies Demokratins Respublikos Vyriausybs vardu
Az Algériai Demokratikus és Népi Kztársaság kormánya részérl
Gall-Gvern tar-Repubblika Demokratika Popolari tal-Alerija
Voor de regering van de Democratische Volksrepubliek Algerije
W imieniu rzdu Algierskiej Republiki Ludowo-Demokratycznej
Pelo Governo da República Argelina Democrática e Popular
Pentru Guvernul Republicii Algeriene Democratice i Populare
Za vládu Alírskej demokratickej udovej republiky
Za Vlado Ljudske demokratine republike Alirije
Algerian demokraattisen kansantasavallan hallituksen puolesta
Fr Demokratiska folkrepubliken Algeriets regering

---

L 99/6
EN
Official Journal of the European Union
5.4.2012
ANNEX I
Terms and conditions for the participation of legal entities established in Member States of the Union and in
Algeria
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 Union 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 Algeria in indirect actions of the Framework
Programme
1. The participation of legal entities established in Algeria in indirect actions of the Framework Programme shall
follow the conditions laid down by the European Parliament and the Council according to Article 183 of the
Treaty on the Functioning of the European Union.
2. The Union may grant funding to legal entities established in Algeria participating in the indirect actions referred to
in paragraph 1 in accordance with the terms and conditions laid down by the decision(s) taken by the European
Parliament and the Council in accordance with Article 183 of the Treaty on the Functioning of the European
Union, the Union’s Financial Regulation and other applicable Union legislation.
3. Provision must be made for the performance of controls and audits carried out by, or under the authority of, the
European Commission and the European Court of Auditors in either a grant agreement or contract entered into by
the Union with a legal entity established in Algeria in order to conduct indirect action or in the grant decision
issued by the Union.
In the spirit of cooperation and mutual interest, the relevant Algerian authorities shall provide any reasonable and
feasible assistance as may be necessary or helpful in order to perform such controls and audits and recovery measures.
II. Terms and conditions for the participation of legal entities established in Member States of the Union in Algerian
research programmes and projects
1. Any legal entity established in the Union, created under the national law of one of the Member States of the Union
or under Union law, may participate in Algerian research and development programmes and projects jointly with
Algerian legal entities.
2. The rights and obligations of legal entities established in the Union participating in Algerian research projects in
the context of research and development programmes, as well as 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 Algerian laws, regulations and government directives governing the implementation of research and
development programmes, as applicable to Algerian legal entities and ensuring equal treatment, taking into
account the nature of the cooperation between Algeria and the Union in this area.
The financing of legal entities established in the Union participating in Algerian projects as part of research and
development programmes shall be subject to Algerian laws, regulations and government directives governing the
operation of these programmes, as applicable to non-Algerian legal entities.
III. Information on participation opportunities
Algeria and the European Commission shall regularly make available information on current programmes and
participation opportunities for the benefit of legal entities established in the two Parties.

---

EN
5.4.2012 Official
Journal
of
the
European
Union L
99/7
ANNEX II
PRINCIPLES GOVERNING THE ALLOCATION OF INTELLECTUAL PROPERTY RIGHTS
I. Scope
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, signed at Stockholm on 14 July 1967.
For the purposes of this Agreement, ‘knowledge’ shall mean the results, including information, irrespective of whether
or not it can be protected, as well as copyrights or rights pertaining to such information, resulting from 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 cooperation 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 cooperation activities carried out pursuant to
this Agreement, and the related rights and obligations arising from such participation, is 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 to 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 cooperation activities of the other Party have the same
treatment with regard to intellectual property as is accorded to the participants of the first Party under the rules of
participation of each research programme or project, or its applicable laws and regulations.
III. Intellectual property rights of the Parties
1. Unless otherwise specifically agreed by the Parties, the following rules shall apply to knowledge generated by the
Parties in the course of activities carried out in accordance with 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, the Parties 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. Unless otherwise agreed between the Parties, the following rules shall apply to scientific literature from the Parties:
(a) Where a Party publishes data, information and technical or scientific results arising from the activities
undertaken under this Agreement in journals, articles, reports and books, including audiovisual works and
software, a worldwide, non-exclusive, irrevocable royalty-free licence to translate, reproduce, adapt, transmit
and publicly distribute the works in question shall be granted to the other Party;
(b) All copies of data and information, protected by copyright, which have to be publicly distributed and prepared
under this section, shall indicate the name(s) of the author(s) of the work unless an author explicitly declines to
be named. Each copy shall also bear a clearly visible acknowledgement of the cooperative support of the
Parties.
3. Unless otherwise specifically agreed by the Parties, the following rules shall apply to confidentiality 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;

---

L 99/8
EN
Official Journal of the European Union
5.4.2012
(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
dissemination, and each Party shall provide such approval to the extent permitted by its domestic policies,
regulations and laws;
(d) Non-documentary undisclosable or other confidential information provided in seminars and other meetings
between representatives of the Parties arranged under this Agreement, or information arising from the
secondment of staff, use of facilities or indirect cooperation activities, shall remain confidential when the
recipient of such undisclosable or other confidential or privileged information was made aware of the
confidential character of the information communicated prior to such communication being made,
pursuant to point (a);
(e) Each Party shall endeavour to ensure that the undisclosed information received by it under points (a) and (d) is
protected as provided herein. If one of the Parties becomes aware that it will be, or may become, unable to
comply with the non-dissemination provisions laid down in points (a) and (d), it shall immediately inform the
other Party thereof. The Parties shall thereafter consult to define an appropriate course of action.

---

Document Outline

• �

---