1 - Cooperation arrangement between the Ministry of Science, Technology and Innovation (MCTI) of the Federative Republic of Brazil and the Joint Research Centre (JRC) of the European Communication for Scientific and other cooperative in the fields of common interest;
2 – Administrative Memorandum of Understanding on Technical Cooperation in the area of Animal Welfare between the Ministry of Agriculture, Livestock and Food Supply of the Federative Republic of Brazil and the Directorate General of Health and Consumers of the European Commission.
COOPERATION ARRANGEMENT BETWEEN THE MINISTRY OF SCIENCE, TECHNOLOGY AND INNOVATION (MCTI) OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE JOINT RESEARCH CENTRE (JRC) OF THE EUROPEAN COMMISSION FOR SCIENTIFIC AND OTHER COOPERATIVE ACTIVITIES IN THE FIELDS OF COMMON INTEREST
In accordance with the Agreement for Scientific and Technological Cooperation between the European Community and the Federative Republic of Brazil, signed in Brasilia on 19 January 2004, as renewed on 8 August 2012, hereinafter referred to as the "S&T Agreement", in particular Art. V, second paragraph thereof, a Cooperation Arrangement to cover scientific and other cooperative activities in the fields of common interest is hereby established between the Joint Research Centre (JRC) of the European Commission, and the Ministry of Science, Technology and Innovation of Brazil (MCTI). JRC and MCTI have signed a Letter of Intent in this sense earlier on 4 October 2011. The purpose of this Cooperation Arrangement is to encourage, develop and facilitate such activities between JRC and MCTI, conducted on the basis of mutual benefit gained from an overall balance of advantages, reciprocal opportunities to engage in cooperative activities, and equitable and fair treatment. This Cooperation Arrangement is not intended to create obligations binding under law.
1. Cooperative activities
1.1 JRC and MCTI may undertake and facilitate cooperative activities in all areas of science and technology related to scientific and other cooperative activities in the fields of common interests among the priorities of the JRC on the one hand, and the priorities of MCTI on the other hand.
1.2 Scientific and cooperative activities may include, but are not limited to the following areas:
1.2.1 Disaster prevention and crisis management, building on JRC-MCTI sectorial dialogue on flood forecasting and monitoring, which will continue to provide support to the setting-up of the Brazilian National Centre for Monitoring and Early Warning of Natural Disaster (CEMADEN);
1.2.2 Climate change and Sustainable management of natural resources (including forests, land use, water, soils, desertification, bio-resources) and ecosystem services;
1.2.3 Energy, including bioenergy, smart grids, renewables and nuclear safety and security;
1.2.4 Food security;
1.2.5 Bioeconomy (especially Biotechnology);
1.2.6 ICT, including geo-information and space applications;
1.3 All areas of cooperation and activities foreseen in this Cooperation Arrangement will remain within the framework of the S&T Agreement.
2. Nature of cooperative activities
2.1 Cooperative activities may include but are not limited to:
2.1.1 Comparable access to laboratory facilities and equipment and material, for conducting scientific and technological activities including science, development, testing and evaluation, standardisation and certification, subject to administrative approval as appropriate;
2.1.2 Exchange of scientific and technological information. The exchange of research results, if deemed advantageous, may be performed through joint seminars, workshops, and conference sessions subject to terms and conditions agreed upon between JRC and MCTI;
2.1.3 Exchange of personnel from both JRC and MCTI, to perform tasks in the framework of this Cooperation Arrangement, subject to administrative approval according to JRC and MCTI internal procedures and policies;
2.1.4 Support the training of scientists, engineers and technical experts;
2.1.5 Engagement of training and cooperation activities under the Brazilian Mobility Program ‘Science without Borders’;
2.1.6 Support for joint research, content development and access proposals, supplements to existing grants, contracts and agreements, and funding of cooperative thematic activities for mutual benefit and added value;
2.1.7 Shared use of scientific infrastructure (observatories, ships, satellites).
3.1 JRC and MCTI intend to cooperate closely to coordinate joint activities. Therefore, both JRC and MCTI will have an equal number of representatives that are assigned to coordinate activities (the "Steering Group"). The Steering Group will appoint two co-chairs to lead the meetings, one from JRC and one from MCTI. As necessary, both JRC and MCTI may designate additional participants to attend such meetings. The Steering Group may meet whenever necessary, through videoconferences or in presential meetings. As far as possible, a presential meeting shall take place during the regular meetings of the European Union-Brazil Steering Committee in Science and Technology. The designated Focal Points (the Unit of Scientific Support to Innovation Union, Foresight and International relations, for the JRC, and the Secretariat of Policies and Programs for Research and Development (SEPED), for the MCTI) will be responsible for developing the initial biennial work programme for furthering cooperative activities between JRC and MCTI to be agreed at the first meeting of the Steering Group.
3.2 As necessary, JRC and MCTI may hold higher-level meetings, for which both JRC and MCTI would designate a co-chair.
3.3 The Steering Group is to oversee and stimulate cooperative activities under this Cooperation Arrangement. It should exchange information on practices, laws, regulations, and programmes relevant to cooperation. It should plan and identify objectives and opportunities for each upcoming biennial work programme, and review activities, participation levels, and similar efforts in both JRC and MCTI’s programmes under this Cooperation Arrangement. It should issue a periodic progress report on the cooperation.
4.1 Cooperative activities under this Cooperation Arrangement (including Sections 2 and 3) are subject to the availability of appropriated funds and to the applicable laws and regulations, policies and programmes of both JRC and MCTI, and to the terms of the S&T Agreement and this Cooperation Arrangement. This Cooperation Arrangement creates no financial obligations.
4.2 Both JRC and MCTI agree to bear the costs of participation in meetings of the Steering Group. However, costs which are directly associated with meetings of the Steering Group, other than those for travel and accommodation, are borne by the institution hosting the meeting unless otherwise agreed.
4.3 Both JRC and MCTI are responsible for any audit of their actions in support of cooperative activities, including the activities of any of their participants. Both JRC and MCTI’s audits should be in accordance with their own applicable practices.
5. Intellectual property
5.1 JRC and MCTI agree to allocate and protect intellectual property rights in accordance with the provisions of the Annex to the S&T Agreement and in compliance with any relevant agreement to which the European Union and Brazil are signatories.
6.1 This Cooperation Arrangement will take effect upon signature for a period of five years, or until JRC or MCTI discontinues its participation in it, upon written notice within ninety days. It can be prolonged or modified only by written amendment and signed by the duly authorised representative of both JRC and MCTI.
Signed at Brasilia, on January 24, 2013, in two original copies in the Portuguese and English language.
ADMINISTRATIVE MEMORANDUM OF UNDERSTANDING ON TECHNICAL COOPERATION IN THE AREA OF ANIMAL WELFARE BETWEEN THE MINISTRY OF AGRICULTURE, LIVESTOCK AND FOOD SUPPLY OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE DIRECTORATE GENERAL OF HEALTH AND CONSUMERS OF THE EUROPEAN COMMISSION
With the intention to establish a working group specifically for the regular exchange of information and technical cooperation for the welfare of farm animals, the Ministry of Agriculture, Livestock and Food Supply of the Federative Republic of Brazil and the Directorate General of Health and Consumers of the European Commission, accept to:
1. Establish a consultation mechanism on the welfare of farm animals, considering, if possible, the recommendations of the World Organisation for Animal Health (OIE);
2. Deal with farm animal welfare issues, through dialogue and exchange of technical-scientific information, to ensure mutual benefit;
3. Facilitate the good understanding and the future negotiations on farm animal welfare matters between both sides;
4. Create, when necessary, working subgroups in order to discuss specific issues with impact in the mutual trade, or for trainings purposes in the field of farm animal welfare;
5. Organize ad hoc meetings in order to discuss and coordinate activities and projects relevant to this administrative Memorandum of Understanding;
6. Designate a coordinator for each side to be the focal point for the exchange of information on animal welfare issues;
7. Bear own expenses for participation in the activities foreseen in the present administrative Memorandum of Understanding, except when agreed otherwise;
8. Establish this administrative Memorandum of Understanding as advisory in character and without the power to interfere in other legally related instruments;
9. This administrative Memorandum of Understanding is not intended to create legal obligations and it does not constitute an agreement under international law.
Done at Brasília on January 24, 2013, in two original copies in Portuguese and English languages, both texts being equally authentic.
In case of divergence of interpretation, the English version shall prevail.