Select Committee on Science and Technology Written Evidence


Annex 3

MEMORANDUM OF UNDERSTANDING BETWEEN THE MINISTRY OF SCIENCE AND TECHNOLOGY OF THE PEOPLES REPUBLIC OF CHINA AND THE DEPARTMENT OF TRADE AND INDUSTRY OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND ON SCIENTIFIC AND TECHNOLOGICAL COLLABORATION IN ENERGY RESEARCH AND DEVELOPMENT

  WHEREAS

  The Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland have decided to encourage and develop cooperation in the fields of science and technology on the basis of equality and mutual benefit, for the purpose of advancing friendly relations and scientific and technological cooperation between the countries.

  Subject to their respective laws and regulations, the Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland, or the organisations or representatives designated by them, have enjoyed many years of mutually rewarding cooperation in the fields of fundamental and applied science and technology.

  Most recently, on the 10th day of October 2001, a Memorandum of Understanding (MOU) was signed to encourage cooperation in the fields of cleaner coal technologies and renewable energy technologies.

  The Department of Trade and Industry of the United Kingdom `of Great Britain and Northern Ireland (UK DTI) and the Ministry of Science and Technology of the People's Republic of China (PRC MOST), hereinafter referred to as "the Participants", wish to continue and build on the successful cooperation between their respective countries in respect of matters relating to energy, and to maximise the effectiveness of their programmes of energy research and development.

  The Participants recognise that sharing tasks, facilities, scientific and technical information, costs and human resources can enhance accomplishment of their objectives more efficiently and cost-effectively.

  The Participants have reached the following understanding:

SECTION 1

Objective

  The objective of the collaboration under this MOU will be to continue, expand, and maximise cooperation in energy research and development between the Participants. Collaboration under this MOU will not preclude other bilateral or multilateral cooperation activities in energy research and development in which each Participant may take part.

SECTION 2

Scope

  1.  Collaboration under this MOU may include, but is not limited to, the following fields:

    (a)  fossil energy:

    (b)  renewable energy;

    (c)  hydrogen and fuel cells;

    (d)  waste-related management and the environment

    (e)  energy end-use technologies and techniques; and

    (f)  research related to energy technologies, systems, services, and policies.

  2.  Other collaborative fields may be added by written arrangement of the Participants.

SECTION 3

Forms of Collaborative Activities

  1.  Collaboration in accordance with this MOU may include, but is not limited to, the following forms:

    (a)  Exchange of all forms of unclassified scientific and technical information and results of research development;

    (b)  Exchange of scientists, engineers and other specialists, including those from industry, for participation in research, development, analysis, design and experimental activities conducted in research centres, laboratories, engineering offices and other facilities and enterprises of each Participant;

    (c)  Participation of facilities from each Participant in the cooperative programmes and projects jointly decided by the Participants;

    (d)  Cooperative programmes and projects in which the Participants decide to share the work and costs.

    (e)  Organisation of seminars, workshops, and other meetings on specific topics.

  2.  Other specific forms of cooperation may be added by written arrangement of the Participants.

SECTION 4

Understandings between the Collaborative Partners

  When the Collaborative Partners (hereinafter referred to as "the Partners") from the Participants decide to undertake a form of cooperation set forth in Items a, b, c and d of Section 3, the Partners will approve a separate written understanding . Each understanding will be subject to the provisions of this MOU, and will include detailed provisions for carrying out the specified forms of cooperation and will cover such matters as technical scope, protection and allocation of intellectual property, exchange of business-confidential information, management, total costs, cost sharing and schedule. Those activities set forth in Item e of Section 3 will be carried out coon the written approval of coordinators from each Participant.

SECTION 5

Other Entities

  1.  The Participants will encourage and facilitate, where appropriate, the development of direct contacts and cooperation between government agencies universities, science and research centres, institutes and institutions, private sector firms and other entities of the Participants' two countries.

  2.  Scientists, technical experts, governmental agencies and institutions of third countries (or regions) or international organisations may be invited, by agreement of the Participants, to participate, at their own expense unless the Participants otherwise decide, in cooperative projects and programmes carried out under this MOU.

SECTION 6

Exchange of Personnel

  1.  Whenever a personnel exchange is contemplated under this MOU, each Partner will ensure that qualified staff are selected for assignment to the other Partner or its contractors.

  2.  Each such assignment will be the subject of a separate written exchange arrangement between the Partners.

  3.  Each Partner will he responsible for the salaries, insurance, and allowances to be paid its staff.

  4.  Each Partner will pay for the travel and living expenses of its staff while on assignment to the host Partner, unless otherwise decided in writing.

  5.  The host establishment will use its best endeavours to arrange for comparable accommodation for the attached staff and their families on a mutually acceptable reciprocal basis.

  6.  Each Partner will provide all necessary assistance to the assigned staff (and their families) as regards administrative formalities, such as travel arrangements and immigration services.

  7.  The attached staff of each Partner will conform to the general and special rules of work and safety regulations in force at the host establishment, or as decided in a separate personnel exchange arrangement.

SECTION 7

Intellectual Property; Business—Confidential Information

  The Participants do not anticipate the generation of intellectual property from the activities under this MOU or the exchange of business-confidential information. If the Partners determine that a particular activity may lead to the creation of intellectual property or the exchange of business-confidential information, they will consult with each other and make appropriate written arrangements for the protection and allocation of such intellectual property and business- confidential information.

SECTION 8

Equipment

  Each Partner decides that, unless jointly decided in writing, in the event equipment is to be exchanged or supplied by one Partner to the other, the following provisions will apply covering the shipment and use of the equipment:

  1.  The sending Partner will supply as soon as possible a detailed list of the equipment to be provided together with the associated specifications and technical information documentation.

  2.  The equipment spare parts, and documentation supplied by the sending Partner will remain the property of the sending Partner and will be returned to the sending Partner upon completion of the jointly decided activity unless otherwise agreed.

  3.  The host establishment will provide the necessary premises and shelter for the equipment, and will provide for electric power, water, gas and other utilities in accordance with all technical requirements that will be jointly decided

  4.  Responsibility for expenses, safekeeping and insurance during the transport of the material from the original location in the country of the sending Partner to the place of entry in the country of the receiving Partner will rest with the sending Partner. If the sending Partner elects to have the material returned, it will be responsible for expenses, safekeeping, and insurance during the transport of the material from the original point of entry in the country of the receiving Partner to the final destination in the country of the sending Partner.

  5.  Responsibility for expenses, safekeeping and insurance during the transport of the material from the place of entry in the country of the receiving Partner to the final destination in the country of the receiving Partner will rest with he receiving Partner. If the sending Partner elects to have the material returned, the receiving Partner will be responsible for expenses, safekeeping and insurance during the transport of the material from the final destination in the country of the receiving Partner to the original point of entry in the country of the receiving Partner.

  6.  The equipment provided by the sending Partner for carrying out mutually arranged activities will be considered to be scientific, not having a commercial character.

SECTION 9

Samples and Materials

  Unless otherwise decided in writing, the following provisions will apply to the transportation and use of samples and materials provided by one Partner to the other under this MOU:

  1.  Unless otherwise approved by the Partners, all samples and materials provided by the sending Partner to the receiving Partner will remain the property of the sending Partner, and will be returned to the sending Partner upon completion of the jointly approved activity.

  2.  Where one Partner requests that a sample or material be provided by the other Partner, the Partner making the request will bear all costs and expenses associated with the transportation of the sample or material front the location of the sending Partner to the final destination.

  3.  Subject to the provisions of Section 7, each Partner will promptly disclose to the other Partner all information arising from the examination or testing of samples or materials exchanged under this MOU.

SECTION 10

Funding

  Unless jointly approved in writing, any costs arising from any direct collaboration between the Participants will be borne by the Participant that incurs them.

SECTION 11

Management

  1.  To supervise the cooperation under this MOU, each Participant will designate a Lead Coordinator. And each Coordinator will designate an Executive Secretary. In addition, where appropriate, the Participants will designate one or more Experts responsible for collaboration in each of the fields listed in Section 2 of this MOU.

  2.  The Lead Coordinators, Executive Secretaries and relevant Experts will meet every other year, or as otherwise jointly decided, for evaluation of the status of cooperation activities within each of the fields listed in Section 2. The coordinating meeting will be held alternately in the People's Republic of China or the United Kingdom. The two Lead Coordinators will annually exchange in written form a review of the past year's activities and accomplishments and of the activities planned far the coming year relating to the MOU. Where appropriate as jointly decided, coordinating meetings will be held with participation of the Lead Coordinators and the Executive Secretaries.

SECTION 12

General Provisions

  1.  Cooperation under this MOU will he in accordance with the laws and legislation of the Participants respective countries.

  2.  Any disputes concerning the MOU will be settled by arrangement of the Participants.

  3.  The MOU will come into operation upon signature and will remain in effect for 10 (10) years. This MOU supersedes the original Memorandum of Understanding signed on the 10th day of October 2001, which is hereby terminated.

  4.  Either Participant may terminate this MOU at anytime upon six (6) months advance written notice to the other Participant. All joint efforts and experiments not completed at the expiration of this MOU may be continued until their completion under the terms of this MOU.

  Signed in duplicate at the Department of Trade and Industry, 1 Victoria Street, London, in the English and Chinese languages, each Text having equal validity, this 15th day of November 2005.






 
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Prepared 9 February 2006