Council Decision of 12 March 2010 on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the Government of the Faroes on Scientific and Technological Cooperation, associating the Faroe Islands to the Union’s Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007 to 2013)

The signing of the Agreement between the European Union and the Government of the Faroes on Scientific and Technological Cooperation, associating the Faroe Islands to the Union’s Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007 to 2013) is hereby approved on behalf of the European Union, subject to the conclusion of the said Agreement. The text of the Agreement is attached to this Decision.

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union, subject to its conclusion.

The Agreement shall be applied on a provisional basis as from 1 January 2010, pending the completion of the procedures for its conclusion.

This Decision shall enter into force on the day of its adoption.

This Decision shall be published in the Official Journal of the European Union.

1 The Faroes shall be associated, under the terms and conditions established by, or referred to, in this Agreement and its Annexes, to the Framework Programme as established by Decision No 1982/2006/EC, Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007 to 2013) , and by Council Decisions 2006/971/EC , 2006/972/EC , 2006/973/EC , 2006/974/EC and 2006/975/EC on various specific programmes under the Framework Programme.

2 All acts deriving from the acts referred to in paragraph 1, including the acts setting up the structures needed for the implementation of the Framework Programme through research activities under Articles 185 and 187 of the TFEU shall be applicable in the Faroes.

3 In addition to the association referred to in paragraph 1, cooperation may include: (a) regular discussions on the orientations and priorities for research policies and planning in the Faroes and the Union; (b) discussions on cooperation prospects and development; (c) timely provision of information concerning the implementation of programmes and research projects of the Faroes and of the Union, and concerning the results of work undertaken within the framework of this Agreement; (d) joint meetings; (e) visits and exchanges of research workers, engineers and technicians; (f) regular and sustained contacts between programme managers or project managers of the Faroes and the Union; (g) participation of experts in seminars, symposia and workshops.

1 Legal entities of the Faroes shall participate in indirect actions and in activities of the Joint Research Centre of the Framework Programme under the same conditions as those applicable to legal entities of Member States of the Union, subject to the terms and conditions established by, or referred to, in Annexes I and II. For the Faroes research entities, the terms and conditions applicable for the submission and evaluation of proposals and those for the granting and conclusion of grant agreements and/or contracts under Union programmes shall be the same as those applicable for grant agreements and/or contracts concluded under the same programmes with research entities established in the Union, taking into account the mutual interests of the Union and the Faroes. Legal entities of the Union shall participate in the Faroes’ research programmes and projects in themes equivalent to those of the Framework Programme under the same conditions as those applicable to legal entities of the Faroes, subject to the terms and conditions established by, or referred to, Annexes I and II. A legal entity established in another country associated to the Framework Programme shall enjoy the same rights and obligations under this Agreement as legal entities that are established in a Member State, provided that the said associated country in which the entity is established has agreed to award legal entities from the Faroes the same rights and obligations.

2 From the date of the application of this Agreement the Faroes shall pay for every year of the duration of the Framework Programme a financial contribution to the annual budget of the Union. The financial contribution of the Faroes shall be added to the amount earmarked each year in the annual budget of the Union for commitment appropriations to meet the financial obligations arising out of different forms of measures necessary for the execution, management and operation of the Framework Programme. The rules governing the calculation and the payment of the financial contribution of the Faroes are set out in Annex III.

3 Representatives of the Faroes shall participate as observers in the committees of the Framework Programme established by Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission . These committees shall meet without the presence of representatives of the Faroes at the time of voting. The Faroes will be informed of the result. Participation as referred to in this paragraph shall take the same form, including procedures for receipt of information and documentation, as that applicable to representatives from Member States.

4 Representatives of the Faroes shall participate as observers in the Board of Governors of the Joint Research Centre. Participation as referred to in this paragraph shall take the same form, including procedures for receipt of information and documentation, as that applicable to representatives from Member States.

5 Travel costs and subsistence costs incurred by representatives of the Faroes participating in meetings of the committees and bodies referred to in this Article, or in meetings related to the implementation of the Framework Programme organised by the Union shall be reimbursed by the Union on the same basis as, and in accordance with the procedures currently in force for, representatives of the Member States.

1 The Parties will make every effort, within the framework of their applicable legislation, to facilitate the free movement and 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.

2 The Parties will ensure that no fiscal charge or levy shall be imposed upon the transferring of funds between the Union and the Faroes, when said funds are needed for the operation of activities covered by this Agreement.

1 A joint committee called the ‘EU-Faroes Research Committee’ shall be established, whose functions shall include: (a) ensuring, evaluating and reviewing the implementation of this Agreement; (b) examining any measure of a nature to improve and develop cooperation; (c) regularly discussing the future orientations and priorities of research policies and research planning in the Faroes and the Union and the prospects for future cooperation; (d) making, subject to each Party’s domestic approval processes, technical amendments to this Agreement as may be required.

2 The EU-Faroes Research Committee may identify, on request of the Faroes, regions of the Faroes that fulfil the criteria set out in Article 5(1) of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and which may therefore be eligible regions benefiting from research actions under the Work Programme ‘Research Potential’ under the specific ‘Capacities’ programme.

3 The EU-Faroes Research Committee, which shall be composed of representatives of the Commission and of the Faroes, shall adopt its Rules of Procedure.

4 The EU-Faroes Research Committee shall meet at least every two years. Extraordinary meetings shall be held at the request of one or other of the Parties.

1 Annexes I, II, III and IV shall form an integral part of this Agreement.

2 This Agreement is hereby concluded for the remaining duration of the Framework Programme. It shall enter into force on the date on which both Parties have notified each other of the completion of their procedures for that purpose. It shall be provisionally applied as of 1 January 2010. This Agreement may only be amended in writing by common consent of the Parties. The entry into force of the amendments will follow the same procedure as those applicable for the Agreement itself through diplomatic channels. Either of the Parties may terminate this Agreement at any time upon six months’ written notice through diplomatic channels. Projects and activities in progress at the time of termination and/or expiry of this Agreement shall continue until their completion under the conditions laid down in this Agreement. The Parties shall settle by common consent any other consequences of termination.

3 Should a Party notify the other that it shall not conclude this Agreement, it is hereby mutually agreed that: the Union shall reimburse to the Faroes its contribution to the annual budget of the European Union referred to in Article 2(2), however, funds committed by the Union in relation to the participation of the Faroese legal entities in indirect actions, including reimbursements referred to in Article 2(5), shall be deducted by the Union from that reimbursement, projects and activities launched under this provisional application and that are still in progress at the time of the notification referred to in paragraph 2 shall continue until their completion under the conditions laid down in this Agreement.

4 Should the Union decide to revise the FrameworkProgramme, it shall notify the Faroes of the exact content of these revisions within one week of their adoption by the Union. In case of such revision or extension of the research programmes, the Faroes may terminate this Agreement by giving six months’ notice. The Parties shall give notice of any intention to terminate or to extend this Agreement within three months of the adoption of the Union’s decision.

5 When the Union adopts a new multi-annual framework programme for research, technological development and demonstration activities, a new agreement may be renegotiated or renewed under mutually agreed conditions, at the request of either of the Parties.

6 This Agreement shall apply, on the one hand, to the territories in which the TFEU is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Faroes.

7 This Agreement shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Faroese languages, each text being equally authentic.