AGRtEMENT ON SCIENTIFIC AND TECHNOLOGICAL COOPERATION BETWEEN THE GOVERNMENT OF NEW ZEALAND AND TI-IE EUROPEAN COMMUNlTY  THE GOWRVMENT OF NEW ZEALAND, THE EUROPEAN COMMUNITY (hereinafter referred to as the "Community"), hereinafterjointly referred to as "llie Pzies"; CONSIDERING that the Parties are pursuing research, technologicai development and demonstration activities in a numher of areas of common interest, and being aware ofthe rapid expansion of scientific Mowledge and its positive contribution in promoting bilateral and international cooperation; NOTING that there has heen cooperation and infonnation exchange in a number of scientific and technological areas under the Arrangement between the Government of New Zealand and the Commission of the European Communities for Cooperation in Science and Teclmology of l7 May common interest through the creation of a productive partnership far peaceful purposes and mutual to the economic and social development of the Parties; and DESIKING to establish a formal framework to implement the overall cooperative activities that will suengtlien cooperation in "science and technology" between the Parties; NZICElen 2  NAVE AGREED AS FOLLOWS: ARTICLE l Definitions Fur the purposes ofthis Agreement: l) "CooperativeActivities" means both Direct Cooperative Activities and Indirect Cooperative 2) "Direct Cooperative Activities'' means cooperative activities carried out in the areas of science and technology between the Parties or their executive agents. 3) "Indirect Cooperative Activities" means cooperative activities, otl~erthan Direct Cooperative Activities,in the areas of science and technology carried out betwee11the Government of New Zealand or Participants of New Zealand on the one hand. and the Community or Participantsof the Community on the other, through: (a) the participation of the Government of New Zealand or New Zealand Participants in the Community Framework Programme under Article l66 ofthe Treaty establishing the European Community (hereinafter referred to as "the Framework Programme"); and (b) the participation ofthe Community or Participants of the Community in New Zealand research programmes or projects in science and technology fields similar to those covered by the Framework Programme.  4) "lniellectual Properly" shall have the meaning given in Article 2 of the Convention establishingthe World Intellectual Property Organisation; done at Stockholm on or any legal person established in New Zealand or in the Com~nunityhaving legal personality and being entitled to rights and subject to obligations of any kind in its own iiaiile and does nor include the Parties. For the avoidance of doubt, New Zealand Crown Entities are Participants and are not included within the meaning of "a Party". The EC Joint Research Centre (JRC) will be both, a Participant, for the puipose of participating in Indirect CooperativeActivities, and an executive agent, for the purpose of carrying out Direct CooperativeActivities. ARTICLE 2 Purpose and Principles l. The Faflies shall encourage, develop and facilitate Cooperative Activities for peaceful  2. Cooperative Activities shall he carried out on the b t i s of the following principles: (a) mutual and equitable conhibutio~lsand benefits; (b) mutual access for Participants to research programmes or projects operated or funded hy the (c) timely exchange of inibrmation which may concern Cooperative Activities; (d) promotion of knowledge-based societies for the economic and social development of both (c) protection of intellectual property rights in accordance with Article 8. ARTICLE 3 Cooperative Activities 1. Direct Cooperative Activities under this Agreement may include: (a) meetings of various forms, including those of experts, to discuss and exchange information on scientific and technological topics of a general or specific nature and to identify research and development projects and programmes that Inay be undertaken on a cooperative basis:  / (h) exchange of information on activities, policies, practices, laws and regulations concerning research and development: (c) visits and exchanges of scientists, technical personnel and other experts on general or specific (d) other forms of activities in the areas of science and technology, including implementation of cooperative projects and programmes, which may be decided upon by the Joint Committee referred to in Article 6, in accordance wit11the respective laws and regulations of the Parties. 2. For the purpose of developing Indirect Cooperative Activities. any New Zealand Participant or Patlicipa~itof the Community may coliaborate in any research programme or project operated or funded by the other I'arty; with the ageement of the other Participants in that programme or project and in accordance with the respective laws and regulations of the Parties and the relevant rules of participa~jonin such programme.? or prujects. 3. Within the framework of this Agreement, in case one Party concludes a contract with a Participant of the other Party for an Indirect Cooperative Activity, the other Party. upon request, shall endeavour to provide any reasonable and feasible assistance as may be necessq or helpful to tl~eformer Party for smooth implementation of such contract. NZICElen 6  4. The coordination and facilitation of Cooperative Activities under this Ageement shall be carried out, on behalf of New Zealand, by the Ministry of Research, Science and Technology or its successor agency and. on behalf ofthe Community, by the services of the Commission of the European Communities, who shall act as executive agents. ARTICLE 4 Implementing Arrangements 1. Where appropriate. Cooperative Activities may take place pursuant to implementing arrangemems between thc Parfics or bztwcen the Comrnissioil md New Zealand organisa6ons tbal fund research programmes or projects on behalf of tbe New Zealand Government. These arrangements may set out: (a) the nature and duration of cooperation in a specific area or for a specific purpose; (b) the treatment of Intellectual Property generated by the cooperation, consistent with tl~is  (c) any applicable funding commitments; (d) the allocation of costs associated with the cooperation; and (e) any other relevant matters. 2. Cooperative Activities ongoing at the entry into force oithis Agreement shall be incorporated under this Agreement as of that dare. ARTICLE 5 Entry of Personnel and Equipment Each Party shall, in accordance with the relevant laws and regulations orthe Parties and EU Member States, facilitate entry to and exit from its territoiy ofpersonnel, material and equipment of the Participants engaged in or used in C:ooperative Activities.  ARTICLE 6 Joint Committee l. For the purpose of ensuring the effective implementation of this Agreement, the executive agents shall establish a Joint Committee on Scientific and Technoiogical Cooperation (hereinafter referred to as "tlie Jornt Committee"). The Joint Committee shall consist of representatives ofcach Pariy and shall he co-chaired by representatives ofhoth Parties. 2. The Joint Committee shall meet, at least every two years, alternately in New Zealand and the 3. The functions of the Joint Committee shall he to: (a) exchange views and information on scientific aiid technological policy issues: (h) make recommendations to the Partics with regard to tlie iinplementation of this Agreement, including the identificatioii and recommendation of additions to the Cooperative Activities referred to in Article 3 and concrete measures to improve the mutual acccss provided for under Article 3(2): (c) make, subject to each Party's domestic approval processes, technical amendments to this Agreement as may be required and  (d) at each meeting, review and provide a report to the Parties on the status, the achievements and the effectiveness of Cooperative Activities, including the nlutual access provided for under Article 3(2) and each Party's arrangements for visiting researchers. 4. The Joint Comniittee shall establish its own rules of procedure. Its decisions shall be reached 1 5 . The expenses of representatives to .Joint Committee meetings, such as travel costs and accommodation. shall be home by the Pany to which they rclate. Any other costs rssociated with these meetings shall be borne by the host Party. ARTICLE 7 Funding l. Each Pd~ty'simplementation of this Ageement shall be subject to the availability of appropriated funds and the applicable laws and regulations oftliat Pdlty. 2. The costs of Cooperative Activities shall be borne as decided by the Participants or the Parties  3. When one Party provides financial support to Participants of'tlie other P a q in connection with Indirect Cooperative Activities, any grants and firancial or other contributions from the funding Party to Participants of t11e other Party in support of those activities shall bc granted tax exemption in accordance with the relevant laws and repiations in force in the territories of each I'arty at the time such grants and financial or other contributions are made. ARTICLE 8 Infonnatio~iand Intellectual Property Rights I . Scientific and teclinological information of a non-proprietary nature arising from Cooperative Activities niay be made available to the public by either Party through customary channels and in accordancewith its general procedures. 2. Each Party shall ensure that its treatment of the lntellectual Property rights and obligations of Participants in Indirect Cooperative Activities, and the related rights and obligations arising from such participation, shall be consistent with the relevant laws and regulations and international conventions,including the Agreement on Trade-Related Aspects oflntellectual Property Rights, Annex IC of the Mwakech Agreement Establishing the World Trade Organisation as well as the Paris Act of24th July 1971 of the Berne Convention for the Protection of Literary and Artistic Wofis and the Stockholm Act of 14th July 1967 of the Paris Convention for the Protection of  3. Eacll Party shall ensure that the Participants in Illdirect Cooperative Activities oCt11e other Party shall have the same neatment with regard to Intcliectual Property as is accorded to the Participants of the first Party under the relevant ruies of participation of each research programme or project, or its applicable laws and regulations. ARTICLE 9 Terriior~alApplication This Agreement shall apply: (a) to the tei~itoriesin which the Treaty estahlishiilg the European Community is applied and under the condiiions laid down in that Treaty; and (h) to the territory of New Zealand. This shall not prevent the conduct of Cooperative Activities on the high seas, in outer space or the temtory of third countries, in accordance with internationai law.  ARTICLE 10 Other Agreements and Dispute Settlement 1. The provisions of this Agcement shall not prejudice the rights and obiigations of the Parties under existing andior future agreements between tile Parties, or between any Member State of the Community and the Government of New Zealand. 2. Any questions or disputes related to the interpretation or implementation orthis Agreement shall be settled by consuitation between the Parties. ARTICLE l l Status of the Annex The Annex to this Agreement constitutes a non-binding arrangement between the executive agents regarding Intellectual Property rights and other proprietary rights created or introduced in the course of Direct CooperativeActivities.  ARTICLE S2 Amendment Except for the technical amendments made by the Joint Committee under Anicle 6(3)(c), this Agreement may he amended with the mutual consent of the Panies through the exchange of diplomatic notes. Except as otherwise agreed by the Parties, an aniend~nentshall enter into force on the date on which tile Parties exchange diplomatic notes informing each other of the completion of their respective internal procedures for entry into ibrce of the amendment. ARTICLE 13 Entry into Force and Terminatioii S. This Agreement shall enter into force on the date on which the Panics exchange diplomatic notes informing each other of the completion of their respective internal procedures liecessary for the entry into force ofthis A,~yreement. 2. This Agreement shall remain in force for an initial period of five years. Unless either Party notifies the other that this Ageement terminates at the end of the initial period. this Agreement shall continue in force after the initial period until such time as either Pan), gives notice in writing to the other Party of its intention to teiminate this Agreement, 111such case this Agreement sliail cease to have effect six months after the receipt ofsucb notificatioii.  3. The terninadon of this Agreement shall be without prejudice io any Cooperative Activities not fully executed at the time of the termination of this Agreement or to any specific rights and obligationsthat have accrued in compliance with the Annex to this Agreement. IN WITNESS WHEREOF, tile undersigned, being duly authorised thereto by the European Comniunity and the Government of New Zealand respectively, have signed this DONE in duplicate at Brusscis on the sixteenth day of July in the year two thousand and eight, in the English. Bulgarian, Czech; Danish, Dutch, Estonian, Finnish, French; German, Greek, Hungarian,Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages. each text being equally authentic.  1 1 Cac~anelroB 6pm~cenHa rnecTHaneccih m m ABC xnnsnn U ocMa ronnrra. Hecho en Bruselas, el dieciseis de juiio de dosmile ocho. V B ~ s e i udne Sestnactiho Eervence dvd tisice osm. Udfzrdiget i Bruxelies den sekstende juli to tusind og otte. Geschehen zu Briissel am sechzehnten Juli zweitausendacht. Kahe tuhande kaheksanda aasta juulikuu kuueteistkiimnendal paeval Briisselis. Fait B Bmxelles, le seizejuillel deux mille huit. Fatto a Bmxelles, addi sedici luglio duemiiaotlo. BriselE, divtirkstoS astots gada seSpadsrnitajEjUiij8. Priimta du tukstantiai aSluntqmetu liepos SeSioliktqdienq Briuselyje. Kelt B~iissrelhen,a kktezer-nyolcadik i v jhlius tzenhatodik napjiu. Magi~mulfiBrusscll, fis-sittax-il jum ta' Lulju tas-sena elfejn tmienja. 'Eylv&O T y Bpuc6?&&q,m15 66Ka 651Ioukf01)660 pk1a6~5OK& U Gedaan te Biussel, de zesliendejuli tweeduizend acht. Sporzqdzonow Brukseli dnia szesnastego lipca roku dwa tysiqce 6smego. Feito em Bruxelas, em dezasseis de Julho de dois inil e oito. intocmit la Bmxelles, la dala de yaisprezece iulie 2008. V Bruseli &a Sestnisteho jhla dvetisicosem. V Bmsiju, dne Sestnajstegajulija leta dva tisot osern. Tehty Brysselissa kuudcntenatoista paivana heinakuuta vuonna kaksituhattakahdeksan. Son1 skcdde i Bryssel den sextonde juli tjugohundraha. 1 i 1 i I ! 1 1 I 1 1 NZICEIX 2  For tile Government of New Zealand 3a npaenre,lcreoro $