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Decree No. 2009-1074 Of 26 August 2009 On The Publication Of The Agreement Between The Government Of The French Republic And The Government Of Kingdom Of Morocco On The Actions Of The Institute Of Research For Development In Morocco, Signed At Rab...

Original Language Title: Décret n° 2009-1074 du 26 août 2009 portant publication de l'accord entre le Gouvernement de la République française et le Gouvernement du Royaume du Maroc sur les actions de l'Institut de recherche pour le développement au Maroc, signé à Rab...

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Summary

Application of art. 52 to 55 of the Constitution.

Keywords

AFFAIRS AND EUROPEAN , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , MAROC , RESEARCH , DEVELOPMENT , RESEARCH AND DEVELOPMENT ACTIVITY , RESEARCH FOR DEVELOPMENT , IRD , CULTURAL CPEROOPERATION , PARTENARIAT ,


JORF n°0201 of 1 September 2009 page 14416
text No. 5



Decree No. 2009-1074 of 26 August 2009 on the publication of the agreement between the Government of the French Republic and the Government of the Kingdom of Morocco on the actions of the Research Institute for Development in Morocco, signed in Rabat on 18 April 2009 (1)

NOR: MAEJ0917292D ELI: https://www.legifrance.gouv.fr/eli/decret/2009/8/26/MAEJ0917292D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2009/8/26/2009-1074/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Seen them articles 52 to 55 of the Constitution;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:

Article 1


The agreement between the Government of the French Republic and the Government of the Kingdom of Morocco on the actions of the Research Institute for Development in Morocco, signed in Rabat on 18 April 2009, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.

  • Annex

    A C C O R D

    ENTER LE GUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE ET LE GUVERNEMENT DU ROYAUME DU MAROC SUR LES ACTIONS DE COOPÉRATION DE L'INSTITUT DE SEARCH POUR LE DÉVELOPPEMENT (IRD) AU MAROC


    The Government of the French Republic and the Government of the Kingdom of Morocco, referred to as the Parties;
    Considering the Partnership Convention for Cultural Cooperation and Development between the Government of the French Republic and the Government of the Kingdom of Morocco, signed in Rabat on 25 July 2003;
    Desiring to associate their skills with a view to further developing and consolidating the relations of cooperation in scientific research, superior training, expertise and valorization, around projects of common interest;
    Considering the statutory vocation of the Institute for Development Research (IRD), a French public institution with a scientific and technological character placed under the dual supervision of the ministries responsible for Research and Cooperation, amplified by its function as an inter-institutional agency (AIRD), to conduct research, training and expertise for development, and its desire to continue and broaden its cooperation with Moroccan institutions;
    Welcoming the positive results of IRD's actions in Morocco;
    The following agreed:

    Article 1

    Purpose of the Agreement

    1. The cooperation of this Agreement is part of the general framework of scientific and technical relations between the Government of the French Republic and the Government of the Kingdom of Morocco.
    2. The purpose of this Agreement is to establish the general principles of cooperation between the IRD and the Moroccan institutions involved in research, training and expertise for development (universities, public research and training institutions, departments and technical bodies of ministerial departments, etc.).

    Article 2

    Principles

    1. The research projects and actions under this Agreement are defined and carried out jointly by the IRD and the Moroccan institutions concerned.
    2. Cooperation, under this Agreement, can be exercised both bilaterally and within multilateral networks and international programmes, particularly within the Euro-Mediterranean framework.
    3. This cooperation can also be exercised in a tripartite relationship and the promotion of South-South cooperation, in particular with sub-Saharan African countries.

    Article 3

    Forms of cooperation

    The cooperation under this Agreement shall be as follows:
    - the realization of joint research projects developed in common in accordance with Moroccan national priorities and IRD's scientific priorities;
    – the exchange of researchers, experts and PhD students;
    - organization of conferences, seminars and scientific meetings;
    - training activities (education; scientific supervision, cotutella theses, international masters, thematic schools) and support to research teams;
    - the realization of expertise at the request of the Moroccan or French authorities, international organizations or any other institution approved by the Moroccan authorities and 1'IRD;
    • scientific information and culture (networking of bibliographic databases, editing and dissemination of research results, exhibitions, etc.);
    – the creation of international joint research structures;
    any other scientific and technological cooperation activity deemed useful by the Steering Committee.

    Article 4

    Joint Steering Committee

    1. The cooperation under this Agreement is coordinated by a Joint Steering Committee, which shall:
    (a) Define priority directions;
    (b) Stop the research, training and expertise framework programmes to be carried out by IRD and Moroccan partners;
    (c) Review the projects and actions previously implemented in partnership;
    (d) Examine any issues relevant to the smooth development of collaboration between partners.
    2. The Joint Steering Committee is composed of representatives,
    For the French part:
    the Director General of the IRD or his representative;
    – IRD Representative in Morocco;
    – the Councillor for Cooperation and Cultural Action (SCAC) of the French Embassy or its representative.
    For the Moroccan part:
    the government authority in charge of higher education and scientific research;
    - National Centre for Scientific and Technical Research (CNRST);
    – Government authorities responsible for agriculture, health, water, energy and the environment;
    the Ministry of Foreign Affairs and Cooperation;
    A representative of the Inter-Agency Development Research Agency (AIRD) and a representative of the French Development Agency (AFD) are invited to participate in the work of this committee.
    3. Each Party may invite representatives of qualified institutions according to the agenda.
    4. The work of the Joint Steering Committee is a Minute, presented to the Partnership Orientation and Steering Board (COPP).
    5. The Steering Committee meets in Morocco every two years.
    6. A point of step is established each year at a meeting between the government authority in charge of Higher Education and Scientific Research, CNRST, IRD Representation in Morocco and SCAC.

    Article 5
    Modalities for the execution of projects and cooperative actions

    between IRD and Moroccan institutions

    1. Cooperation projects are the subject of specific conventions between the IRD and the Moroccan institutions concerned.
    2. These Conventions include the objectives to be achieved, the methodology, the expected results, the tasks to be performed and their timelines, the conditions for the reception of staff, the means to be implemented, their distribution among partners, the modalities of their management, and those relating to the transfer of knowledge, training, publication and valorization of results.
    3. A follow-up committee will be established under each convention.
    4. Partner institutions may request the allocation of additional resources in the framework of Franco-Moroccan Cooperation Agreements, with European bodies and/or international bodies, as well as by responding to national, regional and international tenders.

    Article 6

    Intellectual property

    The results of research and development projects and other information resulting from the cooperation activities carried out under this Agreement are made public and published or commercially exploited with the consent of the cooperation partners and in accordance with the regulations in force in both countries.

    Article 7

    Ethics

    1. Parties shall ensure that partnership activities are carried out in accordance with their respective professional and scientific ethical rules.
    2. They undertake to respect and enforce by their staff the laws and ethical rules of all countries in which they would be required to carry out their duties for the implementation of this Agreement and the specific conventions referred to in Article 5 of this Agreement.
    3. They also undertake to respect and enforce by their staff a strict duty of reserve regarding the activities of the Parties and a strict duty of neutrality in implementing countries.

    Article 8

    Differends

    1. In the event of difficulties in the interpretation or application of this Agreement, the Parties shall seek an amicable solution by negotiation or by any other method of settlement approved by them.
    2. The modalities for the settlement of disputes arising in cooperative actions are defined in the specific Conventions referred to in Article 5 of this Agreement.

    Article 9

    Entry into force and duration

    1. This Agreement shall enter into force upon its signature and shall remain valid for a period of five years, revolving for periods of equal duration.
    2. It may be modified by diplomatic exchange of notes.
    3. It may be cancelled at any time by either Party, on a six-month diplomatic notice.
    4. In this case, the current actions will continue until their completion in accordance with the terms and conditions set out in the specific Conventions, particularly with regard to matters of confidentiality and valuation, except otherwise decided by the Contracting Parties to the specific Conventions.
    Made in Rabat on 18 April 2008, in two original French-language copies, both texts being equally authentic.
    In faith, the undersigned, duly authorized, have signed this Agreement.

    For the Government
    of the French Republic:
    Valérie Pécresse
    Minister
    Higher Education
    and Research
    For the Government
    of the Kingdom of Morocco:
    Ahmed Akhchichine
    Minister
    of National Education,
    Higher Education,
    Training
    and Scientific Research
    Bernard Kouchner
    Minister of Foreign Affairs
    and European


Done in Paris, August 26, 2009.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

Minister for Foreign Affairs

and European,

Bernard Kouchner

(1) This Agreement entered into force on 18 April 2008.
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