The Saeima has adopted and the President promulgated the following laws: The decision of the Association Council on the participation of Latvia in the terms and conditions of the European Community for research, technological development and demonstration programmes of results [182/1999/EC (1998-2002)] and the research and training programmes [1999/64/Euratom (1998-2002)] article 1. Decision of the Association Council on the participation of Latvia in the terms and conditions of the European Community for research, technological development and demonstration programmes of results [182/1999/EC (1998-2002)] and the research and training programmes [1999/64/Euratom (1998-2002)] (hereinafter the decision) and its annexes I, II, III, IV (hereinafter the annex) by this law are accepted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put for decision and annexes Latvian and English. 3. article. Decision and annexes shall enter into force in article 3 of the Decision within the prescribed time and manner, and shall notify the Ministry of Foreign Affairs Gazette "journal". The Parliament adopted the law of 16 July 1999. The President of the Parliament instead of the President j. stream in Riga on 29 July 1999, the Association Council between the European communities and their Member States, of the one part, and the Republic of Latvia, of the other part, on the participation of Latvia in the decision on the terms and conditions of Community research, technological development and demonstration programmes of the results (1998-2002), (182/1999/EC) and the research and training programme (1998-2002) (1999/64/Euratom) the Council of Association shall, subject to the Europe Agreement establishing an association between the European communities and their Member States on the one hand, and the Republic of Latvia, of the other part (1), given that, in accordance with article 109 of the Europe Agreement and its annex XVIII, Latvia may participate in the European Community framework programmes, specific programmes, projects or other actions of the European Community, especially in the field of research; Considering that the Council of the European Union in its 1997 December 12 and 13 Luxembourg Summit calls on the candidate countries to make available certain programmes of the European Communities (including research) to familiarise them with EU policies and working methods, provided that each candidate will give their gradually increasing financial investment in these programmes (PHARE, if necessary, may partly cover investment in the candidate countries); Given that the above calls on the candidate countries also participate in the program of the European Commission, in which they participate with your financial contribution for the implementation of the work of the Committee as observers and related issues; Given that the European Parliament and the Council of the European Union, in accordance with decision No 182/1999/EC adopted a framework programme of the European Community for research activities, technological development and demonstration in the field of results (1998-2002) (2), hereinafter referred to as the "framework programme 5"; Considering that the Council of the European Union, in accordance with decision 1999/64/Euratom adopted by the European Atomic Energy Community framework programme for research and training activities (1998-2002) (3), hereinafter referred to as "the framework programme 5. Eiratom"; Considering that, in accordance with article 109 of the Europe Agreement, the Association Council to decide on the participation of Latvia in the terms and conditions of the activities referred to in annex XVIII of this agreement; Adopted the following decision: article 1 the Republic of Latvia may participate in the framework programme and 5.5. Eiratom frame in the sub-programmes, in accordance with the terms and conditions laid down in annexes I, II, III and IV of the annexes, which are an integral part of this decision. Article 2 this decision is valid 5. Framework programmes and 5. Eiratom frame of the programme. Article 3 this decision shall enter into force on the first day of the month following its adoption. Brussels, 1999 of the Association Council the President _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (1) OJL 26, 2.2.1998, p. 3. (2) OJL 26, 1.2.1999, p. 1. (3) OJL 26, 1.2.1999, p. 34.

Annex I the Latvian terms and conditions for the participation of the European Community framework programme 5 measures for research, technological development and demonstration in the field of results (1998-2002) and the European Atomic Energy Community framework programmes 5. research and training activities (1998-2002) sub-programmes 1. Latvia established research institutions may attend all 5. Framework programmes and the framework programme 5. Eiratom Sub. Latvian scientists and research institutions also may participate in the Joint Research Centre's activities, which are not specified in the first sentence of this paragraph. "Research institutions" within the meaning of this decision are: universities, research organisations, industrial companies, including small and medium-sized enterprises or natural persons. 2. This means the following: — research institutions established in Latvia's participation in the implementation of all subprogrammes under the framework programme 5, subject to the "Rules for participation of undertakings, research centres and universities and for the dissemination of research results to meet the European Community's framework programme 5 (1998-2002)" terms and conditions; — In Latvia, the participation of research entities established in the implementation of all subprogrammes under the 5. Eiratom frame program, under the "provision for the participation of undertakings, research centres and universities and for the activities of the European Atomic Energy Community of 5. implementation of the framework programme (1998-2002)" terms and conditions; -The financial contribution of Latvia about discovery 5. Framework programmes and 5. Eiratom frame for the execution of the programme adopted by the subprogramme budgets pursuant to Latvia's gross domestic product (GDP) as against Member States of the European Union's gross domestic product and gross domestic product of Latvia. 3. In Latvia, the nodibinātaj research institutions, participating in Community research programmes, in relation to property rights, dissemination and use of information and intellectual property that arises as a result of participation, have the same rights and responsibilities as a community founded in research institutions, in accordance with the provisions of annex II. 4. in accordance with the European Agreement, the Association Council shall establish the relevant Sub-Committee, which regularly and at least once a year check and evaluate the implementation of this decision. 5. the amount of the financial contribution deriving from participation in the execution of the subprogram, is proportional to the funding that is awarded each year in the general budget of the European Union as a grant to the European Commission for the financial obligations for the work to be undertaken to ensure that the performance of the management of the subprogrammes and activities. The proportionality factor governing the contribution of Latvia, is obtained by determining the ratio between the Latvian gross domestic product (GDP), at market prices, and the Member States of the European Union and Latvia's gross domestic product, the sum, expressed in market prices. This ratio is calculated based on the Statistics of the European Community (Eurostat) of the administration of the latest statistics for the same year, made available to the budget of the European Union project at the time of publication. To promote the participation of Latvia in its contribution of subprogrammes are carried out as follows: 1999: contributions under the proportionality factor, as defined above, multiplied by 0.4.2000: contributions under the proportionality factor, as defined above, multiplied by 0.6.2001: contributions under the proportionality factor, as defined above, multiplied with 0.8.2002: contributions according to the coefficient of proportionality, as set out above. The participation of the European Community's financial regulations are laid down in European Parliament and Council of 22 December 1998 decision No 182/1999/EC in annex IV and the Council's 1998 Decision of 22 December 1999/64/Euratom. Rules governing the financial contribution of Latvia are set out in annex III to this decision. 6. in accordance with paragraph 3, Latvia nodibinātaj research institutions participating in the framework programme and 5.5. Eiratom frame program, subject to the mutual interests of the community and Latvia, have the same rights and obligations as the European Community authorities founded. In the light of their mutual interests of the community and Latvia, Latvian research entities are defined in the same terms and conditions for the submission of project applications, evaluation, granting and conclusion of contracts under Community programmes which are laid down in the contracts with Community research institutions within the same program. In accordance with the European Community for research, technological development and demonstration programmes of the results by selecting evaluators or experts, as well as advisory and consultative team members that provides assistance to the Commission framework programmes 5 and 5. Eiratom frame for the execution of the programme, to the European Community's professionals are experts in Latvia. Latvian research institution can be a project coordinator with the same terms and conditions which are in force in the European Community authorities founded. In accordance with the financial rules of the European Community, of the agreement, the contract that is closed with a Latvian research entities, or they switch themselves, examined and audited by the European Commission and the Auditorties or checking the control. Financial audit can be carried out to examine the revenue and expenditure of the Authority relating to kontraktsaistīb in relation to the community. Cooperation and common interests of the Latvian National regulatory authorities shall ensure that all necessary and possible assistance, as may be necessary or useful for such monitoring or audit. 8. in accordance with the rules in force in the community and Latvia shall undertake to promote the very decision involved in carrying out the measures provided for scientific researchers free movement and stay in Latvia, both in the community and promote the measures required for the movement of goods and other objects move across borders. The measures contained in this decision are exempt from Latvian indirect taxes, customs duties, import and export prohibitions and restrictions in respect of such measures for the required goods and other items. 9. Latvian representatives participate as observers 5. Framework Programme Committee and 5. Eiratom frame Advisory Committee of the programme of work in the consideration of issues relating to Latvia. In addition, during the vote of this Committee come together without the presence of the representatives of Latvia. Latvia is informed of the results. In accordance with this paragraph, representatives of Latvia, also receive the information and documentation, takes place in the same way as the representatives of the Member States. 10. the community and Latvia can stop participation in activities covered by this decision at any time by sending written notice 12 months previously. The projects and measures that at the time of termination of participation is the stage of the implementation shall continue until their completion under the conditions laid down in this Decision. If the community should decide on changes in one or more Community programmes, the measures contained in this decision can be interrupted, may be terminated by agreement on mutually advantageous conditions of discontinuance. Change the exact content of the programmes shall be communicated to Latvia within one week after the approval of the European Community. One month after the adoption of the European Community, the European Community and Latvia shall notify each other of any intention to terminate. In all cases where the European Community adopted a new long-term framework programme actions for research, technological development and demonstration of results and/or areas of research and training, the Association Council may decide on the participation of Latvia in the terms and conditions. Annex II intellectual property law principles governing the award of rights to intellectual property resulting from or obtained under this decision are granted according to this annex. I. application this annex is applicable to research works, which are made in the implementation of this decision (hereinafter referred to as the "research cooperation"), except those for which the community and Latvia (hereinafter referred to as "the parties") have agreed to separately. II. Ownership, allocation and exercise of rights (1) This decision, the term intellectual property is used according to the world intellectual property organization at the time of the Treaty in Stockholm, 14 July 1967, adopted in article 2 of the Convention. 2. This annex defines the parties and their rights, interests and royalties. Each party and its participants shall ensure that the other party and its participants may obtain the rights to intellectual property in accordance with this annex. This annex does not alter or otherwise affect the determination of the rights and interests of and procedure for royalties between a party and its nationals or participants, which is determined each party's rights and practices. 3. in the preparation of the Treaty are applied and to ensure the following principles: (a)) adequate protection of intellectual property. The parties, their agencies and/or their participants warrant that they each other specific terms notified of any intellectual property arising under this decision or it progresses and the time required for intellectual property protection; (b)) of the parties and their participants, contribution identifying the parties and their rights and interests; (c) the efficient use of the results); (d)) non-discriminatory treatment of participants from the other party as compared with the treatment given to its own participants; e) confidential business information. 4. The participants shall jointly develop a technology management plan (TMP) on property rights to information and intellectual property that is created with the collaboration of research, and use, including publication. Apakšpielikum this annex contains technology management plans the indicative figures. Before the conclusion of the contract of cooperation and research and development related to the responsible parties approved the TMP authority related to research funding. Technology management plans are developed, taking into account the objectives of the cooperation study, party or members of the relative financial or other contributions to, patent licensing procedures in the territory or in the field, the existing rights of the parties, including rights to intellectual property, and other factors, the participants consider appropriate. Rights and obligations with regard to intellectual property created of visiting research papers are also laid down in the common technology management plan. 5. the right to information or the intellectual property resulting from the research of cooperation and not addressed in the technology management plan, the parties agree, is granted, subject to the technology management principles set out in the plan. In the case of disagreement, such information or intellectual property is all the cooperation of those involved in the study of joint ownership, which results in such information or intellectual property has arisen. Each participant, subject to these rules, shall be entitled to use such information or intellectual property for commercial purposes in his own right without limitations of a geographical nature. 6. each Party shall provide the other party and its participants the right to intellectual property, as they are in accordance with the principles set out here. 7. Maintaining the conditions of competition in a decision in these areas of activity, each Party shall ensure that the rights acquired, the execution of this decision and in accordance with the agreements made, are used mainly to promote (i) in accordance with this decision created, disclosed, or otherwise information dissemination and use, and (ii) the international standard transposition and implementation. 8. termination of cooperation laid down in this annex shall not affect rights and obligations. III. International conventions to the parties or to their participants owned the copyright shall be exercised in accordance with the relevant international conventions in this field including the TRIPS Agreement (agreement on intellectual property rights, trade-related aspects, regulated by the World Trade Organization), as well as the Berne Convention (Paris Act 1971). IV. Scientific literature in accordance with chapter V, and if the technology management plan provides otherwise, or collaborative study participants research results shall be published together. Pursuant to the above general rules, publication of the scientific literature takes place according to the following procedure: 1. If one of the parties or public authorities of that party shall be published in scientific and technical journals, articles, reports, books, including video and software, which is designed for collaborative studies in accordance with this decision, the other party shall have the right to an unrestricted, irrevocable, royalty-free license to translate, reproduce, adapt, transmit and publicly distribute such works around the world. 2. the Parties shall ensure the widest possible dissemination of this Decision within the framework of the cooperation carried out research into scientific literature issued by independent publishers. 3. The copyrighted work in copies that will be distributed and made public in accordance with the terms of this annex, to be the author of the work (s), unless the author (s) expressly prohibited to publish your name. The copy is clearly the parties which jointly support this work. V. Not notifiable information a. documented information disclosed 1. Each party, its agencies or its participants, at the beginning of project-management of technology and advantageous plan determines which information they want to keep as the information disclosed taking into account inter alia the following criteria: (a) the confidentiality of information: this information in whole or in part or as a whole at specific areas for professionals is not generally known or legally available; (b) information actuality or potential commercial value, taking account of its confidentiality; (c) information on the original protection: legal information of the holder of the appropriate measures to preserve the confidentiality of the information. The parties, their agencies and players in certain situations, if not otherwise specified, you may agree that all information or its fragments, which is delivered to or exchanged collaborative research, may not be disclosed. 2. Each Party shall ensure that it and its participants clearly States, which is not disclosed, noting, for example, with a special mark or the appropriate prohibition. The same party also provides for any verbal information is partial or complete further distribution. When you receive the information disclosed, not the party, and the participant comply with its privacy. At the moment, when the owner of the information made available to the public, it stops functioning without the conditions of the information disclosed. 3. issuance of the information communicated pursuant to this decision, the receiving party or its authority may distribute the requested Party or the persons employed by the authorities of the work of the cooperation study targeted, noting that any information disclosed to such not for distribution must be in accordance with the agreement on confidentiality and that in view of the above, it must be easily recognisable as not notifiable. 4. The receiving party disclosed the information can be propagated more than it is specified in paragraph 3 only with written approval of the party that provided the information. The parties undertake to cooperate to develop procedures for the following written approval for requesting and receiving wider distribution purposes, and each party will give approval in accordance with national policies, regulations and legislation. B. undocumented information could not be disclosed or their members use this seminar organised in the framework of the decision or other consultations not obtained the information documented not notifiable and other confidential information, or information that resulted in attracting projects using hardware and implementing joint projects, in accordance with the principles set out in this decision with respect to documented information. Ensures that the information is not disclosed or otherwise sensitive or restricted information the recipient aware of the confidential character of the information obtained this information. C. control each Party shall endeavour to ensure, under this agreement not received control of the information disclosed, as is laid down in this decision. If one of the parties has established that it is not possible to perform prescribed in (A) and (B) non-proliferation conditions or such opportunity might be lost in the future, it shall immediately inform the other party, and the Parties shall agree on further action. Annex II to the addendum of technology management plan (TMP) the TMP is a specific indicative indicators agreed between the participants in the implementation of the results of research and their rights and obligations. With regard to intellectual property technology management plan in particular draw attention to the issues of ownership; protection and usage rights for research and development purposes; the exploitation of research results and dissemination, including arrangements for joint publication; the rights and obligations of visiting researchers and dispute settlement procedures. Technology management plan can be brought to the attention of the anticipated results on the project, the basic information for the project, licensing and project design for design to be delivered. Annex III Financial provisions laying down annex I as provided for in paragraph 5 of the Latvian deposit 1. As soon as practicable, but not later than each fiscal year September 1, the European Community shall communicate to the Commission and shall inform Latvia annex I of this decision referred to in paragraph 4 of the Sub-Committee, the justification for sending them the material: for financial resource allocation for commitments for the European Community's budget on the expenditure side of the report in relation to the framework programme and 5.5. Eiratom frame program; — the contribution of Latvia for participation in the framework programme 5 and 5. Eiratom frame in identified, on the basis of the draft budget of the European Community. To ensure budget internal procedures, the Commission services shall provide corresponding indicative communicate data at the latest by 30 May of each year. As soon as it is definitively adopted the budget of the European communities, the Commission shall inform Latvia about the above funding, the sending of the expenditure needed for Latvia because of its participation. 2. for each financial year at the latest on 1 January and 15 June, the Commission sends out Latvia a call for funds corresponding to that laid down in this decision, the contribution of Latvia. These funds provide the following request payment arrangements:-Latvia's contribution to twelfth six parts not later than 20 February; and contributions to the six twelve parts not later than 15 July. As the twelfth part six, payable for up to 20 February, are calculated on the basis of the amount set in the budget income, the payment of part of the report about the clarification of the six remaining twelfth payment and not later than 15 July. The implementation of this decision in the first year the Commission shall send a first feature request within 30 days after the entry into force of this decision. If the request is sent after 15 June, it provides that Latvian contributions calculated in accordance with the budgetary income report, twelve twelve parts are secured within 30 days. Latvia's contribution is expressed and paid in euro. Latvia makes its contribution provided for in the contract in accordance with the timetable specified in this paragraph. Any late payment raises the interest at a rate equal to the one-month interbank interest rate (IBOR) Euro international money exchange dealers (ISD) ISD page published by Reuters data. For each month of delay, this rate is increased by 1.5%. The increased rate applies to the entire period of delay. However, interest is calculated only if the contribution schedule, laid down in this paragraph are overdue more than 30 days. The representatives of Latvia and the travel costs of experts needed to participate in the 6 and 8 of annex I referred to in the paragraph in the work of the Committee, as well as framework programmes 5 and 5. Eiratom frame in the implementation of the programme, the Commission shall, subject to the same rules and in accordance with the same procedures currently in force in the Member States of the European Union representatives and experts to cover the expenses. 3. contributions to frame 5 and 5. Eiratom frame programme in accordance with Annex I to this decision paragraph 5 remains unchanged during the current financial year. Revenue and expenditure balance sheet, entering into a settlement for each financial year (n), the Commission shall make the appropriate conversion for Latvian participation in the given financial year any changes in connection with money transfers, invoices, funds transfers, non-performance, as well as with additional funding or budget revisions. Recalculation happens (n + 1) second year contribution period. Subsequent recalculations occur every year until July 2006. Latvia's contributions are credited to the Community programmes as budgetary revenue allocated to the appropriate budget heading of the budget of the European communities to the income statement. Resources are applied in the use of European Community financing of the general budget. 4. the purpose of the information for the latest Latvia each financial year (n + 1) 31 may be drawn up and sent to the previous financial year (n) and 5 framework programme 5. Eiratom frame programs report on the use of funds, in accordance with the Commission's revenue and expenditure balance design requirements. Annex IV Latvia and the community's common declaration of the Republic of Latvia and the community agrees that in addition to this decision of the Association Council the conditions should allow the community to research institutions of the Republic of Latvia to participate in research programs and activities appropriate to the European Community 5. Framework for research, technological development and demonstration activities (1998-2002) and the European Atomic Energy Community of 5. Frame research and training programs, and topics that happened in a separate Exchange of letters between the community and the Republic of Latvia.

Draft Council Decision Concerning the Community Position Within the Association Council on the Association of the Republic of Latvia to Community Programmes in the Field of Research, Technological Development and Demonstration (1998-2002) and to programmes for Research and Training activities (1998-2002), the COUNCIL OF the EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular article 130 m , in conjunction with article 228 (3) first subparagraph thereof, Having, in regards to the Treaty establishing the European Atomic Energy Community, and in particular article 101, second subparagraph thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), whereas the Europe Agreement establishing an association between the European communities and their Member States , of the one part, and the Republic of Latvia, of the other part, entered into force on 1 February 1998; Whereas according to article 109 and Annex XVII of the Europe Agreement, the Republic of Latvia may participat in Community framework programme, specific programme, projects or other Community actions notably in the fields of research and technological development, and the terms and conditions for the participation of the Republic of Latvia in the activities referred to in the said article shall be decided by the Association Council; Whereas, by Decision 182/1999/EC of the European Parliament and the Council of the European Union adopted a framework programme of the European Community for research, technological development and demonstration activities (1998-2002) (3), hereinafter called "the Fifth Framework Programme '; Whereas, by Decision 1999/64/Euratom, the Council of the European Union adopted a framework programme of the European Atomic Energy Community for research and training activities (1998-2002) (4), hereinafter called "the Fifth Euratom Framework Programme", HAS DECIDED AS follows: the position to be taken by the Community within the Association Council established by the Europe agreement between the European communities and their Member States , of the one part, and the Republic of Latvia of the other part, concerning the participation of the Republic of Latvia in the Fifth Framework Programme and the Fifth Euratom Framework Programme in the is that set out in the attached draft decision of the Association Council.    Draft Decision Of the Association Council between/of the European communities and their Member States, of the one part, and the Republic of Latvia, of the other part, of Adopting the terms and conditions for the Participation of Latvia in a Community Programme in the Field of Research, Technological Development and Demonstration (1998-2002), (182/1999/EC), and in the program for Research and Training activities (1998-2002) , (1999/64/Euratom) the ASSOCIATION COUNCIL, Having regard to the Europe Agreement establishing an association between the European communities and their Member States, of the one part, and the Republic of Latvia of the other part (5), whereas according to article 109 and Annex XVII of the Europe Agreement, Latvia may participat in the Community framework programmes, specific programmes, projects or other Community actions notably in the fields of research and technological development; Whereas the European Council at its meeting in Luxembourg on 12 and 13 December 1997 calls for the opening of certain Community programmes (such as in the field of research) to the candidate countries, as a way of familiarizing themselves with the policies and working methods of the Union, each candidate country being expected to make a steadily increasing financial contribution of its own (PHARE will if not, be able to on the cessary-finance the applicant States ' national contributions); Whereas the aforementioned conclusions also call for the participation of the candidate countries, as the observer and for the points which concern them, in the committees assisting the Commission in the implementation of the program to which they contribute financially; Whereas, by Decision 182/1999/EC of the European Parliament and the Council of the European Union adopted a framework programme of the European Community for research, technological development and demonstration activities (1998-2002) (6), hereinafter called "the Fifth Framework Programme '; Whereas, by Decision 1999/64/Euratom, the Council of the European Union adopted a framework programme of the European Atomic Energy Community for research and training activities (1998-2002) (7), hereinafter called "the Fifth Euratom Framework Programme '; Whereas according to article 109 of the Europe agreement the terms and conditions for the participation of Latvia in the activities referred to in Annex XVII of the said agreement with to be decided by the Association Council, HAS DECIDED AS follows: article 1 the Corporation may participat in the specific programmes of the Fifth Framework Programme (x) and in the specific programmes of the Fifth Euratom Framework Programme (x) according to the terms and conditions set out in Annex I , (II) and (iii) which shall form an integral part of this Decision. Article 2 this Decision shall apply for the duration of the Fifth Framework Programme and the Fifth Euratom Framework Programme of the Office. Article 3 this Decision shall enter into force on the first day of the month following its adoption. Done at Brussels, For the Association Council the Chairman ____ ___ _____ ___ (1) OJ C 75, 18.3.1999, p. 35. (2) Foreseen in the plenary session of 12-16 April 1999 (3) OJ L 26, 1.2.1999, p. 1 (4) OJ L 26, 1.2.1999, p. 34. (5) OJ L 26, 2.2.1998, p. 3 (6) OJ L 26, 1.2.1999, p. 1. (7) OJ L 26, 1.2.1999, p. 34.

Annex I terms and conditions for the Participation of Latvia in the Specific Programmes of the Fifth Framework Programme of the of the European Community for Research, Technological Development and Demonstration activities (1998-2002) and of the Fifth Framework Programme of the European Atomic Energy Community for Research and Training activities (1998-2002) Research entities established to 1 in Latvia may participat in all the specific programmes of the Fifth Framework Programme and the Fifth Euratom Framework Programme of the Office. Latvian research entities to scientist and Maya participat in the activities of the Joint Research Centre to the exten to that these are not covered by the first line of the above. "Research entities" as referred to in this Decision, shall include inter alia: universities, research organisations, industrial companies, including small and medium-sized enterprises, or natural persons. 2. This will imply the following: — participation of research entities established in Latvia in the in the implementation of all specific programmes adopted under the Fifth Framework Programme, in accordanc with the terms and conditions laid down in the "rules for the participation of the undertaking, research centre and universities and for the dissemination of research results for the implementation of the fifth framework programme of the European Community (1998-2002)"; -participation of research entities established in Latvia in the in the implementation of all specific programmes adopted under the Fifth Framework Programme of Euratom, in accordanc with the terms and conditions laid down in the "rules for the participation of the undertaking, research center and universities in the implementation of the fifth framework programme of the European Atomic Energy Community (1998-2002)"; — financial contributions by the Corporation to the budget of the programmes adopted for the implementation of the Fifth Framework Programme and the Fifth Euratom Framework Programme on the basis of the ratio of the GDP of Latvia to the sum of the GDP of the Member States of the European Union and that of Latvia. 3. Research entities established in Latvia participating in Community research programmes, in the IR as regards ownership, exploitation and dissemination of information and intellectual property arising from such participation, have the same rights and obligations as those of research entities established in the Community, to be subject to the provision of Annex II. 4. The relevant sub-Committee set up by the Association Council under the Europe Agreement shall, on a regular basis and at least once a year, review and evaluate the implementation of this Decision. 5. The financial contribution of Latvia deriving from participation in the implementation of the specific programmes shall be established in proportion to, and in addition to, the amount available each year in the general budget of the European Union for commitment appropriation to meet the Commission's financial obligations stemming from work to be carried out it in the forms not cessary for the implementation , management and operation of these programs. The proportionality factor the contributions of each corporation shall be obtained by establishing the ratio between the gross domestic product of Latvia, at market prices, and the sum of gross domestic products, at market prices, of the Member States of the European Union and Latvia. This ratio shall be calculated on the basis of the latest statistical data pertaining to the same year from the Statistical Office of the European Communities (Eurostat), available at the time of publication of the preliminary draft budget of the European Union. In order for the participation in facilitat it the specific programme, the contribution of Latvia will be implemented as follows: 1999: contributions according to the proportionality factor fixed in accordanc with the preceding subparagraph, multiplied by 0.4.2000: contributions according to the proportionality factor fixed in accordanc with the preceding subparagraph, multiplied by 0.4.2001: contributions according to the proportionality factor fixed in accordanc with the preceding subparagraph , multiplied by 0.8.2002: contributions according to the proportionality factor fixed in accordanc with the preceding subparagraph. The rules for financial participation by the Community to set out in Annex IV of Decision 182/1999/EC of the European Parliament and of the Council of 22 December 1998, and in Annex III of Decision 1999/64/Euratom of the Council of 22 December 1998. The rules the financial contributions of each Corporation to set out in Annex III. ' 6. Without prejudice to the provision of Paragraph 3, research entities established in Latvia to participating in the Fifth Framework Programme and in the Fifth Euratom Framework Programme shall have the same contractual rights and obligations as entities established in the Community to, taking into account the mutual interests of the Community and Latvia. For Latvian research entities, the terms and conditions applicable for the submission and evaluation of proposals and those for the granting and conclusion of contracts under Community programmes shall be the same as those applicable for contracts concluded under the same programmes with research entities in the Community, taking into account the mutual interests of the Community and Latvia. Latvian experts shall be taken into considerations, alongsid Community experts, in the selection of evaluator or experts under the The community's research and development and technological demonstration program and as members of the advisory groups and other consultative bodies which assist the Commission in the implementation of the Fifth Framework Programme and the Fifth Euratom Framework Programme. A Latvian research entity may be the coordinator of a project under the same terms and conditions applicable to the entities established in the Community. In conformity with the Community's Financial Regulations, contractual arrangements concluded with, or by, a Latvian research entities shall provide for the control and audit to be carried out by, or under the authority of, the Commission and the Court of Auditors. As far as the financial audit is concerned with, they may be carried out with the purpose of controlling such entities ' income and adjustments, related to the contractual obligation is towards the Community. In a spirit of cooperation and mutual interest, the relevant Latvian authorities shall provide any reasonable and feasibl may not be of assistance as helpful or under the cessary to perform such circumstanc control and audit. 7. The Community and Latvia will make every effort, within the framework of the existing provision, facilitat the free movement and residence of research workers participating, in Latvia and in the Community, in the activities covered by this Decision and the cross border movement facilitat of goods intended for use in such activities. Activities covered by this Decision shall be from Latvian indirect main tax, customs duties, prohibition and restriction on imports and exports in respect of goods and services intended for use under such activities. 8. Latvian representatives will, for the points which concern them, participat as observer in the programme committees of the Fifth Framework Programme and in the Consultative Committee of the Fifth Euratom Framework Programme. These committees shall moreover meet without the presence of Latvian representatives at the time of voting. Latvia will be informed. Participation as referred to in this paragraph shall take the same form, including procedures for receipt of information and documentation, as that applicable to participants from the Member States. 9. The Community and Latvia may terminate activities under this Decision at any time upon twelve months ' notice in writing. Projects and activities in progress at the time of termination shall continue until their completion under the conditions laid down in this Decision. Should the Community decide to revisit one or more Community programmes, activities under this Decision may be terminated under mutually agreed conditions. Latvia shall be notified of the exact content of the revised programme within one week of their adoption by the Community. The Community and Latvia shall notify one another within one month, after the adoption of the decision, of any intention it Community "terminate the activities. Where the Community adopts a new multi-annual framework programme for research, technological development and demonstration activities and/or for research and training activities, the Association Council may decide the terms and conditions for the participation of Latvia. Annex II principles on the Allocation of Intellectual Property rights rights to intellectual property created or furnished under the (IP) this Decision shall be allocated as provided in this Annex. I. Application this Annex is applicable to research carried out to this Decision pursuan (hereinafter referred to as "joint research"), except as otherwise specifically agreed by the Community and its affiliates (hereinafter referred to as "the parties"). II. Ownership, allocation and exercise of rights 1. For purpose of this Decision, "intellectual property" shall have the meaning found in article 2 of the Convention establishing the World Intellectual Property Organisation, done at Stockholm, 14 July 1967 2. This Annex addresses the allocation of rights, interests and royalt to of the parties and their participants. Each Party and its participants shall ensur that the other Party and its participants may obtain the rights to intellectual property allocated to it in accordanc with this Annex. This Annex does not otherwise alter or prejudice the allocation of rights, interests and in between a Party and it royalt national or participants, which shall be determined by the laws and practices applicable to each Party. 3. The following principles shall apply and shall be provided for in the contractual arrangements: (a) the protection of intellectual property Adequat). The parties, their agencies and/or their participants, as appropriate, shall ensur that they notify one another within a reasonable time of the creation of any intellectual property arising under this Decision or implementing arrangements and to seek protection for such intellectual property in a timely fashion. b) Taking account of the contributions of the parties or their participants in determining the rights and interests of the parties and participants. c) effective exploitation of results. (d) Non-discriminatory treatment) of participants from the other Party as compared with the treatment given to its own participants. (e) Protection of business-confidential) information. 4. The participants shall jointly develop a Technology Management Plan (TMP) in respect of the ownership and use, including publication, of information and intellectual property to be created in the course of joint research. The indicativ features of a TMP are led in the Appendix to this Annex. The TMP shall be approved by the responsible funding agency or Department of the Party involved in financing the research, before the conclusion of the specific research and development cooperation contract to which it is attached. The TMP shall be developed by taking into account the aims of the joint research, the relative financial or other contributions of the parties or participants, the advantage and disadvantages of licensing by territory or for fields of use, requirements imposed by the applicable laws including those of the parties concerning IP rights and other factors deemed appropriate by the participants. The rights and obligations concerning the research generated by a visiting researcher in respect of IP shall also be addressed in the joint technology management plans. 5. Information or IP created in the course of joint research and not addressed in the technology management plan shall be allocated, with the approval of the parties, according to the principles set out in the technology management plan. In the case of disagreemen, such information or IP shall be owned jointly by all the participants involved in the joint research from which the information or IP results. Each participant to whom this provision applies shall have the right to use such information or IP for his own commercial exploitation with no location limitations. 6. Each Party shall ensur that the other Party and its participants may have the rights to IP allocated to them in accordanc with these principles. 7. While maintaining the conditions of competition in areas affected by this Decision, each Party shall endeavour to ensur that rights acquired to this Decision and pursuan arrangements made under it are exercised in such a way as to encourag, in particular (i) the dissemination and use of information created, disclosed or otherwise made available, under this Decision, and (ii) the adoption and implementation of international standards. 8. Termination of this cooperation shall not be affec rights or obligations under this Annex. III. International convention for the IP belonging to the parties or to their participants shall be accorded treatment consistent with the relevant applicable international convention of including the TRIPS Agreement (agreement on Trade Related aspects of Intellectual Property rights administered by the World Trade Organisation) as well as the Berne Convention (Paris Act 1971). IV. Scientific literary works without prejudice to Section V, and unless otherwise agreed in the TMP, publication in the of results of research shall be made jointly by the parties or participants to that joint research. Subject to the foregoing general rule, the following procedures shall apply: 1. In the case of publication by a Party or public bodies of that Party of scientific and technical journal, articles, reports, books, including video and software arising from joint research to this Decision, pursuan the other Party shall be entitled to a world-wide, non-exclusive, irrevocabl, royalty-free license to translate , reproducing, adap, transmit and publicly distribute such works. 2. The Parties shall ensur that literary works of a scientific character arising from joint research to this Decision and pursuan published by independent publishers shall be disseminated as widely as possible. 3. All the cop of a copyright work to be publicly distributed and prepared it under this provision shall indicates the name of the author (s) of the work unless an author explicitly to be named declin. They shall also bear a clearly visible acknowledgement of the co-operative support of the parties. V. Undisclosed information a. Documentary undisclosed information 1. Each Party, its agencies or its participants, as appropriate, shall identify at the earlies to possible moment and preferably in the technology management plan the information that they wish to remain undisclosed, taking into account inter alia the following criteria: a) the confidentiality of the information in the sense that it is not, as a body or in the precise configuration or assembly of its components, , generally known among or readily accessible by lawful means to experts in the field; (b) the actual or potential commercial) value of the information by virtue of its confidentiality; c) previous protection of the information in the sense that it has been subject to steps that were reasonable under the by circumstanc the person lawfully in control, to maintain its confidentiality. The parties, their agencies and their participants, as appropriate, may in certain cases agree that, unless otherwise indicated, parts of or all of the information provided, exchanged or created in the course of joint research may not be disclosed. 2. Each Party shall ensur that it and its participants clearly identify undisclosed information, for example by means of an appropriate marking or restrictive legend. This also applies to any reproduction of the said information, in whole or in part and a participant to A Party receiving undisclosed information shall respect the privileged nature thereof. These limitations shall automatically terminate when this information is disclosed by the owner into the public domain. 3. Undisclosed information communicated under this Decision may be disseminated by the receiving Party or its organisation of persons within or employed by the receiving Party or organisation authorized for the specific purpose of the joint research under way, provided that any undisclosed information so disseminated shall be the agreement of UN pursuan confidentiality and shall be readily recognisabl as such as set out above. 4. With the prior written consent of the Party providing undisclosed information, the receiving Party may by such undisclosed information disseminat more widely than otherwise permitted in Paragraph 3 above. The Parties shall cooperate in developing procedures for requesting and obtaining prior written consent for such wider dissemination, and each Party will grant such approval to the exten to permitted by its domestic policies, regulations and laws. Non-documentary undisclosed information b Non-documentary undisclosed or other confidential information provided in seminars and other meetings arranged under this Decision, or information arising from the attachment of staff, use of facilities, or joint projects, shall be treated by the parties or their participants according to the principles specified for documentary information in the Decision; provided, however, that the recipient of such undisclosed or other confidential or privileged information has been made aware of the confidential character of the information communicated at the time such communication is made. (C) Each Party shall endeavour to Control. ensur that undisclosed information received by it under this Decision shall be controlled as provided herein. If one of the parties become aware of that it will be, or may be reasonably expected to become, unable to meet the non-dissemination provision of section (A) and (B) above, it shall immediately inform the other Party. The Parties shall thereafter consult to define an appropriate course of action.
Appendix to annex II Indicativ features of a Technology Management Plan (TMP) the TMP is a specific agreement to be concluded between the participants about the implementation of joint research and the rights and obligations of the respectiv of the participants. With respect to IP, the TMP will normally address, among other things, ownership, protection, user rights for research and development, exploitation and dissemination purpose, including arrangements for joint publication, the rights and obligations of visiting researcher and dispute settlement procedures. The TMP may also address foreground and background information, licensing and deliverable. Annex III Financial rules the Financial Contributions of Each Corporation Referred to in Annex I, Paragraph 5 of this Decision 1. The Commission of the European Communities shall communicate it to the Corporation, and shall inform the Committee referred to in sub-Annex I, Paragraph 4 of this Decision, together with relevant background material as soon as possible, and at the latest on 1 September of each year: the non-financials in commitment appropriation, in the statement of expenditure of the preliminary draft budget of the European Union òàæó to the Fifth Framework Programme and the Fifth Euratom Framework Programme the; -the estimated amount of the contributions derived from the preliminary draft budget, the òàæó to the participation of Latvia in the Fifth Framework Programme and the Fifth Euratom Framework Programme in the. Nonetheles, in order of their internal procedures, facilitat industry the Commission services shall provide the figures at indicativ òàæó the latest on 30 May of each year. As soon as the general budget has been finally adopted, the Commission shall communicate it to the above non-in the statement of expenditure of òàæó to the participation of Latvia. 2. The Commission shall issue, at the latest on 1 January and 15 June of each financial year, a call for funds to Latvia òàæó it it under this contribution Decision. These calls for funds shall provide, respectively, for the payment of six:-a twelfth of the contribution of Latvia not later than 20 February; — and six-a twelfth of its contribution not later than 15 July. However, the six-twelfth to be paid not later than 20 February with a calculated on the basis of the amount set out in the statement of revenue of the preliminary draft budget: the regularization of the amount that shall be paid shall occure with the payment of the twelfth six-not later than 15 July. For the first year of implementation of this Decision, the Commission shall issue a first call for funds within 30 days of its entry into force. Should this call be issued after 15 June, it shall provide for the payment of twelve/twelfth of the contribution of Latvia within 30 days, calculated on the basis of the amount set out in the statement of the revenue of the budget. The contribution of Latvia shall be expressed and paid in euro. Latvia shall pay its contribution under this Decision according to the schedule in this paragraph. Any delay in payment shall give rise to the payment of interest at a rate equal to the one-month interbank offered rate (IBOR) in euros as quoted by the International Swap dealers ' Association on the page ISDA of Reuters. This rate shall be increased by 1.5% for each month of delay. The increased rate shall be applied to the entire period of delay. However, the interest shall be due only if the contribution is paid more than thirty days after the scheduled payment dates mentioned in this paragraph. Travel costs incurred by Latvian representatives and experts for the purpose of taking part in the work of the Committee referred to in Annex I, paragraphs 6 and 8, and those involved in the implementation of the Fifth Framework Programme and the Fifth Euratom Framework Programme shall be reimbursed by the Commission on the same basis as and in accordanc with the procedures currently in force for the representatives and experts of the Member States of the European Union. 3. The financial contribution of Latvia to the Fifth Framework Programme and the Fifth Euratom Framework Programme in accordanc with Annex I, Paragraph 5 shall normally remain unchanged for the financial year in question. The Commission, at the time of the closur of the accounts relating to each financial year (n), within the framework of the establishment of the revenue and expenditure account, shall proceed to the regularization of the accounts with respect to the participation of the United Kingdom, taking into considerations modifications which have taken place, either by transfer, cancellation, carry-overs, decommitment, and amending the budget or by supplementary during the financial year. This regularization shall occure at the time of the second payment for the year n + 1. regularization shall every year occure Further until July 2006, the payment shall be credited by the Corporation to the Community programmes as budget receipts allocated to the appropriate budget heading in the statement of revenue of the general budget of the European Union. The financial regulation applicable to the general budget of the European Union shall apply to the management of the appropriation. 4. At the latest on 31 May of each financial year (n + 1), the statement of appropriation for the Fifth Framework Programme and the Fifth Euratom Framework Programme related to the previous financial year (n), shall be prepared and transmitted it to the Corporation for information, according to the format of the Commission's revenue and expenditure account. Annex IV Joint Declaration by Latvia and the Community-the Republic of Latvia and the Community agree that in addition to the provision set out in this Decision of the Association Council, research programmes and activities of the Republic of Latvia òàæó to those of the Fifth Framework Programme of the European Community for research, technological development and demonstration activities (1998-2002) and to those of the Fifth Framework Programme of the European Atomic Energy Community for research and training activities ( 1998-2002) should be open to research entities in the Community and that from a separate Exchange of letters between the Republic of Latvia and the Community to that effect will take place.