13115/13

COM (2013) 583

EXPLANATORY MEMORANDUM ON A EUROPEAN COMMUNITY DOCUMENT

Proposal for aCOUNCIL DECISIONconcerning the renewal of the Agreement oncooperation in science and technology between the EuropeanCommunity and theGovernment of the Russian Federation.

Submitted by theDepartment for Business, Innovation and Skills on September 2013.

SUBJECT MATTER

The Agreement on cooperation in science and technology between the EuropeanCommunity and the Government of the Russian Federation was signed in Brusselson 16 November 2000. Article 12(b) of the Agreement provides as follows: "ThisAgreement shall be concluded for an initial period ending on 31 December 2002 andwill be renewable by common agreement between the parties for additional periodsof five years." It has been renewed twice already.

By its Decision 2003/798/EC of 5 June 2003, the Council concluded the renewal ofthe Agreement for a period of five years.

By its Decision 2009/313/EC of 30 March 2009 the Council concluded the renewal ofthe Agreement for further a period of five years.

Following a review of the Agreement, jointly conducted by independent experts from the European Union and the Russian Federation, a set of recommendations was drawn up by the appointed expert groups. Both sides took note of the expert groups' recommendation to renew the Agreement in its current form for another five years at a meeting between representatives from the European Commission and the Ministry of Education and Science of the Russian Federation held on 15 February 2013 in Moscow.

The Commission requests the Council to renew the Agreement on the basis that this would be in the interest of both parties so as to maintain continuity in the scientific and technological relations between Russia and the European Union.

SCRUTINY HISTORY

EM 6984/03 on “Proposal for a Council Decision concerning the conclusion of an Agreement aimed at renewing the Agreement on Cooperation in Science and Technology between the European Community and the Government of the Russian Federation” was submitted by the Department of Trade and Industry on 18th March 2003. The Commons European Scrutiny Committee cleared it (Report No. 16, Item No. 24332, Session 02/03). The Lords Select Committee on the EU cleared it (Progress of Scrutiny: 31st March 2003, Session 02/03).

EM 16179/08 on Proposal for a Council Decision concerning the conclusion of an Agreement aimed at renewing the Agreement on Cooperation in Science and Technology between the European Community and the Government of the Russian Federation” was submitted by the Department of Trade and Industry on 10 December 2008.The Commons European Scrutiny Committee cleared it as documents not raising questions of sufficient legal or political importance to warrant a substantive report to the House (First Report, item no.23, session 08/09). The Lords Select Committee on the EU cleared it (Progress of Scrutiny 22nd December 2008, session 08/09)

MINISTERIAL RESPONSIBILITY

The Secretary of State for Business, Innovation and Skills has primary responsibility for science matters, including the UK’s policy on EU Research and Development.

Interest of the Devolved Administrations

The Devolved Administrations have been consulted on the content of this Explanatory Memorandum.

LEGAL AND PROCEDURAL ISSUES

Legal Basis

The proposal concerning the Conclusion of an Agreement aimed at renewing the Agreement oncooperation in science and technology between the European Community and theGovernment of the Russian Federationis based on the Treaty establishing the European Community, and in particular thesecond paragraph of Article 170, in conjunction with the first sentence of the firstsubparagraph of Article 300(2), and the first subparagraph of Article 300(3).

The material content of the renewed Agreement will be identical to that of the current Agreement, which expires on 20 February 2014.

Legislative Procedures and Voting Procedure

The Council voting procedure will be by qualified majority voting, after consulting the European Parliament.

Impact on UK Law

There is no impact,as this is not a proposal for legislation.

Gibraltar

This is not applicable.

Fundamental Rights Analysis

Not Applicable.

SUBSIDIARITY

Community action is justifiable in subsidiarity terms. The Government encourages Russian scientists to use the Framework Programme as a vehicle for collaboration.

POLICY IMPLICATIONS

The UK welcomes the general content of the Agreement on Scientific and Technological Cooperation between the European Community and the Government of the Russian Federationand the improved collaboration on science and technology matters between the European Community and the Russian Federation which it will encourage.

Renewal of the agreement for five more years would be in the interest of both Parties so as to maintain continuity in the scientific and technological relations between Russia and the European Community.

Both Parties to the Agreement are eager to ensure continuity in the ongoing cooperations (in particular in respect of those activities which can only be undertaken with third countries on the basis of a cooperation agreement).

CONSULTATION

This is not a proposal for legislation and is therefore not applicable.

IMPACT ASSESSMENT

An Impact Assessment has not been produced, as this Communication has no cost/benefit implications for UK business.

FINANCIAL IMPLICATIONS

There are no direct financial implications for the UK.

TIMETABLE

The proposal will be submitted shortlyfor Decision by the Council.No timetable has been given but the renewal of the Agreement should be agreed before 20 February 2014 when the current Agreement expires.

Michael Fallon MP

Minister of State forBusiness and Enterprise,

Department for Business, Innovation and Skills

On behalf of

David Willetts, MP

Minister of State for Universities and Science

DEPARTMENT FORBUSINESS, INNOVATION AND SKILLS