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OPINION (Rule 147) for the Committee on Research, Technological Development and Energy on the proposal for a Council Decision concluding the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America (COM(98)0137 - C4-0517/98 - 98/0095 (CNS)); report by Mr Linkohr Committee on External Economic Relations [PE 227.082/fin]
Draftsman Elly Plooij- van Gorsel

Procedure

29 September 1998

At its meeting of 23 April 1998 the Committee on External Economic Relations appointed Mrs Plooij-Van Gorsel draftsman. It considered the draft opinion at its meeting of 28 September 1998. At that meeting it adopted the following conclusions unanimously.

The following took part in the vote: Castellina, chairman Plooij-van Gorsel, draftsman; Van Bladel (for Mr Karoutchi), Elchlepp, Falconer, Hindley, Kreissl-Dörfler, E. Mann, Miranda de Lage, Porto et Valdivielso de Cué.

Introduction

With the conclusion of the new transatlantic agenda in 1995 the relations between the EU and the USA were placed on a comprehensive contractual basis. The focus of cooperation is in fact, questions of economic cooperation, as expressed in practical terms in the 'transatlantic business dialogue' and in the 'new transatlantic marketplace'. However provision is also made for closer cooperation in the area of scientific research and development. The Council therefore authorised the Commission in June 1996 to start negotiations with the USA on the conclusion of a scientific cooperation agreement. These negotiations were concluded successfully at the end of 1997. The agreement was signed by the Council on 5 December 1997. Pursuant to Article 228(3)(1), consultation of the European Parliament is required for conclusion of the agreement on behalf of the European Union.

Content of the agreement

The agreement governs the cooperation between the contracting parties in scientific and technological areas of common interest in which they undertake research and development. It relates in particular to the participation of research institutions and their agencies in state supported research programmes. For the EU it primarily concerns projects under the framework research programme. Cooperation can take the form of coordinated or joint research projects, studies and the organisation of seminars and scientific conferences. Coordination is to be provided through a Joint Consultative Group consisting of official representatives of the USA and the EU (Commission). The research areas cover all areas in which the EU carries out and supports research. The agreement provides therefore for the participation of US scientists and research institutions in projects covered by the 5th framework programme for research and technology of the EU.
The agreement contains an annex dealing with intellectual property. Bearing in mind the differing legal situations - in the EU the principle of original applicant applies for the granting of a patent while in the USA the principle of the inventor applies - any resulting problems are to be settled using a special procedure for dealing with confidential information and a dispute settlement procedure.

Assessment

The fact that scientific cooperation between researchers on both sides of the Atlantic has been given a contractual framework is to be welcomed. Although there has long been an intensive exchange of information and researchers between the EU and the USA even prior to such an agreement, there were, however, repeated administrative obstacles in the area of state supported research, in particular in relation to obtaining financial support for joint research projects. Above all, the cooperation agreement should bring clarity and simplification into the situation. It should state clearly that all cooperative activities should be based on the principles of mutual benefit, opportunities for cooperation and equitable and fair treatment.
In terms of external economic policy it is significant that, despite differing ideas on research funding, the main area concerned is basic research in the pre-competitive sector. The results of such basic research are in principle available to the general public. However, if such joint research activities produce findings of potential commercial value the problem arises of differing legal provisions on the protection of intellectual property. The procedure provided in such cases for the equal treatment of foreign and domestic researchers is appropriate to deal with the practical problems in the area of the protection of intellectual property. This approach could provide a model for the drawing up of multilateral rules within the framework of the WTO agreement on the protection of intellectual property.
A further possible area of tension could arise in the area of defence-related research. Defence research in the narrow sense does not fall within the competence of the EU and can therefore not be the subject of research cooperation with the United States under this agreement. Within the area of 'dual use', however, there could be demarcation problems. Bearing in mind the fact that information technology, telecommunications and electronics are affected, and are all areas where key research is taking place with state support in both the EU and the USA, it is important that these sectors should not be excluded from research cooperation. In practical terms this means that European researchers or research establishments should not be refused access to state research programmes in the USA on the grounds that defence-relevant sectors are involved.

Conclusions

1. The {RELA}Committee on External Economic Relations recommends the {ENER}Committee on Research, Technological Development and Energy to approve the conclusion of the agreement on scientific and technological cooperation between the EU and the USA;
2. However it also calls on the Committee to monitor the implementation of the agreement by the Commission as part of its normal activities in order to ensure that the interests of the EU in the problem areas mentioned, i.e. protection of intellectual property and dual use products, are safeguarded as well as the reciprocity of interersts and advantages between both sides;
3. recalls that all cooperative activities should be based on the principles of mutual benefit, opportunities for cooperation and equitable and fair treatment;
4. The Committee on Economic External Relations welcomes the possibility for US scientists to participate in projects covered by the 5th framework programme for resaerch and technology of the EU.
5. The Committee stresses that question of national security should not become a non-tarriff barrier for the scientific cooperation between the USA and the EU.