UFU, Alm.del - 2016-17 - Bilag 98: Arktisk Råds uridisk bindende aftale vedrørende forskningssamarbejde mellem de arktiske nationer

Uddannelses- og Forskningsudvalget 2016-17
UFU Alm.del Bilag 98
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AD REFERENDUM AGREED TEXT

FOLLOWING SCIENTIFIC COOPERATION TASK FORCE MEETING

OTTAWA, 8 JULY 2016 WITH SUGGESTED EDITS 18 JANUARY 2017

AGREEMENT

ON ENHANCING INTERNATIONAL ARCTIC SCIENTIFIC COOPERATION

The Government of Canada, the Government of the Kingdom of Denmark, the Government

of the Republic of Finland, the Government of Iceland, the Government of the Kingdom of

Norway, the Government of the Russian Federation, the Government of the Kingdom of

Sweden, and the Government of the United States of America (hereinafter

referred to as the

“Parties”),

Recognizing

the importance of maintaining peace, stability, and constructive cooperation in

the Arctic;

Recognizing

the importance of the sustainable use of resources, economic development,

human health, and environmental protection;

Reiterating

the urgent need for increased actions to mitigate and adapt to climate change;

Emphasizing

the importance of using the best available knowledge for decision-making;

Noting

the importance of international scientific cooperation in that regard;

Fully taking into account

the relevant provisions of the 1982 United Nations Convention on

the Law of the Sea, in particular the provisions in Part XIII on marine scientific research as

they relate to promoting and facilitating the development and conduct of marine scientific

research for peaceful purposes;

Recalling

the Kiruna Declaration on the occasion of the Eighth Ministerial meeting of the

Arctic Council held in May 2013 and the Iqaluit Declaration on the occasion of the Ninth

Ministerial meeting of the Arctic Council held in April 2015;

Recognizing

the ongoing development of the International Polar Partnership Initiative as

determined by the Executive Council of the World Meteorological Organization;

Recognizing

the significance of the research priorities as determined by the International

Conference on Arctic Research Planning;

Recognizing

the efforts of the Arctic Council and its subsidiary bodies;

Recognizing

the significant scientific expertise and invaluable contributions to scientific

activities being made by non-Parties and specifically by the Arctic Council Permanent

Participants and Arctic Council Observers;

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Recognizing

the substantial benefit gained from the financial and other investments by the

Arctic States and other nations in the International Polar Year and its outcomes, including in

particular new scientific knowledge, infrastructure and technologies for observation and

analysis;

Recognizing

the excellent existing scientific cooperation already under way in many

organizations and initiatives, such as the Sustaining Arctic Observing Networks, the

International Arctic Science Committee, the University of the Arctic, the Forum of Arctic

Research Operators, the International Network for Terrestrial Research and Monitoring in the

Arctic, the World Meteorological Organization, the International Council for the Exploration

of the Sea, the Pacific Arctic Group, the Association of Polar Early Career Scientists,

indigenous knowledge institutions, the International Arctic Social Sciences Association, and

many others; and

Desiring

to contribute to and build upon existing cooperation and make efforts to develop

and expand international Arctic scientific cooperation,

Have agreed as follows:

Article 1

Terms and definitions

For the purposes of this Agreement:

“Facilitate” means pursuing all necessary procedures, including

giving timely

consideration and making decisions as expeditiously as possible;

“Participant”

means the Parties’ scientific and technological

departments and

agencies, research centers, universities and colleges, and contractors, grantees and other

partners acting with or on behalf of any Party or Parties, involved in Scientific Activities

under this Agreement;

“Scientific

Activities”

means efforts to advance understanding of the Arctic through

scientific research, monitoring and assessment. These activities may include, but are not

limited to, planning and implementing scientific research projects and programs, expeditions,

observations, monitoring initiatives, surveys, modelling, and assessments; training personnel;

planning, organizing and executing scientific seminars, symposia, conferences, workshops,

and meetings; collecting, processing, analyzing, and sharing scientific data, ideas, results,

methods, experiences, and traditional and local knowledge; developing sampling

methodologies and protocols; preparing publications; and developing, implementing, and

using research support logistics and research infrastructure;

“Identified Geographic Areas”

means those areas described in Annex 1.

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Article 2

Purpose

The purpose of this Agreement is to enhance cooperation in Scientific Activities in order to

increase effectiveness and efficiency in the development of scientific knowledge about the

Arctic.

Article 3

Intellectual property and other matters

Where appropriate, cooperative activities under this Agreement shall take place pursuant to

specific implementing agreements or arrangements concluded between the Parties or

Participants pertaining to their activities, particularly the financing of such activities, the use

of scientific and research results, facilities, and equipment, and dispute settlement. Through

such specific agreements or arrangements, the Parties shall, where appropriate, ensure, either

directly or through the Participants, adequate and effective protection and fair allocation of

intellectual property rights, in accordance with the applicable laws, regulations, procedures,

and policies as well as the international legal obligations of the Parties concerned, and

address other matters that may result from activities under this Agreement.

Article 4

Entry and exit of persons, equipment, and material

Each Party shall use its best efforts to facilitate entry to, and exit from, its territory of persons,

research platforms, material, samples, data, and equipment of the Participants as needed to

advance the objectives of this Agreement.

Article 5

Access to research infrastructure and facilities

The Parties shall use their best efforts to facilitate access by the Participants to national

civilian research infrastructure and facilities and logistical services such as transportation and

storage of equipment and material for the purpose of conducting Scientific Activities in

Identified Geographic Areas under this Agreement.

Article 6

Access to research areas

1. The Parties shall facilitate access by the Participants to terrestrial, coastal, atmospheric,

and marine areas in the Identified Geographic Areas, consistent with international law, for the

purpose of conducting Scientific Activities.

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2. The Parties shall facilitate the processing of applications to conduct marine scientific

research under this Agreement consistent with the 1982 United Nations Convention on the

Law of the Sea.

3. The Parties also shall facilitate joint Scientific Activities that require airborne scientific

data collection in the Identified Geographic Areas, and that are subject to specific

implementing agreements or arrangements concluded between the Parties or Participants

pertaining to those activities.

Article 7

Access to data

1. The Parties shall facilitate access to scientific information in connection with Scientific

Activities under this Agreement.

2. The Parties shall support full and open access to scientific metadata and shall encourage

open access to scientific data and data products and published results with minimum time

delay, preferably online and free of charge or at no more than the cost of reproduction and

delivery.

3. The Parties shall facilitate the distribution and sharing of scientific data and metadata by,

as appropriate and to the extent practicable, adhering to commonly accepted standards,

formats, protocols, and reporting.

Article 8

Education, career development and training opportunities

The Parties shall promote opportunities to include students at all levels of education, and

early career scientists, in the Scientific Activities conducted under this Agreement to foster

future generations of researchers and to build capacity and expertise to advance knowledge

about the Arctic.

Article 9

Traditional and local knowledge

1. The Parties shall encourage Participants to utilize, as appropriate, traditional and local

knowledge in the planning and conduct of Scientific Activities under this Agreement.

2. The Parties shall encourage communication, as appropriate, between holders of traditional

and local knowledge and Participants conducting Scientific Activities under this Agreement.

3. The Parties shall encourage holders of traditional and local knowledge, as appropriate, to

participate in Scientific Activities under this Agreement.

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Article 10

Laws, regulations, procedures, and policies

Activities and obligations under this Agreement shall be conducted subject to applicable

international law and the applicable laws, regulations, procedures, and policies of the Parties

concerned. For those Parties that have subnational governments, the applicable laws,

regulations, procedures, and policies include those of their subnational governments.

Article 11

Resources

1. Unless otherwise agreed, each Party shall bear its own costs deriving from its

implementation of this Agreement.

2. Implementation of this Agreement shall be subject to the availability of relevant resources.

Article 12

Review of this Agreement

1. The Parties shall meet no later than one year after the entry into force of this Agreement, as

convened by the depositary, and from then on as decided by the Parties. The Parties may elect

to convene such meetings in conjunction with meetings of the Arctic Council including

inviting Arctic Council Permanent Participants and Arctic Council Observers to observe and

provide information. Scientific cooperation activities with non-Parties related to Arctic

science may be taken into account when reviewing the implementation of this Agreement.

2. At such meetings the Parties shall consider the implementation of this Agreement,

including successes achieved and obstacles to implementation, as well as ways to improve the

effectiveness and implementation of this Agreement.

Article 13

Authorities and contact points

Each Party shall designate a competent national authority or authorities as the responsible

point of contact for this Agreement. The names of and contact information for the designated

points of contact are specified in Annex 2 to this Agreement. Each Party shall promptly

inform the other Parties in writing through its competent national authority or authorities and

through diplomatic channels of any changes to those designations.

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Article 14

Annexes

1. Annex 1 referred to in Article 1 constitutes an integral part of this Agreement and is legally

binding.

2. Annex 2 referred to in Article 13 does not constitute an integral part of this Agreement and

is not legally binding.

3. At meetings of the Parties referred to in Article 12, the Parties may adopt additional legally

non-binding Annexes. Annex 2 referred to in Article 13 may be modified as provided in that

Article.

Article 15

Settlement of disputes

The Parties shall resolve any disputes concerning the application or interpretation of this

Agreement through direct negotiations.

Article 16

Relationship with other international agreements

Nothing in this Agreement shall be construed as altering the rights or obligations of any Party

under other relevant international agreements or international law.

Article 17

Cooperation with non-Parties

1. The Parties may continue to enhance and facilitate cooperation with non-Parties with

regard to Arctic science.

2. Parties may in their discretion undertake with non-Parties cooperation described in this

Agreement and apply measures consistent with those described in this Agreement in

cooperation with non-Parties.

3. Nothing in this Agreement shall affect the rights and obligations of the Parties under

agreements with non-Parties, nor preclude cooperation between the Parties and non-Parties.

Article 18

Amendments to this Agreement

1. This Agreement may be amended by written agreement of all the Parties.

UFU, Alm.del - 2016-17 - Bilag 98: Arktisk Råds uridisk bindende aftale vedrørende forskningssamarbejde mellem de arktiske nationer

2. An amendment shall enter into force 30 days after the date on which the depositary has

received the last written notification through diplomatic channels that the Parties have

completed the internal procedures required for its entry into force.

Article 19

Provisional application, entry into force, and withdrawal

1. This Agreement may be applied provisionally by any signatory that provides a written

statement to the depositary of its intention to do so. Any such signatory shall apply this

Agreement provisionally in its relations with any other signatory having made the same

notification from the date of its statement or from such other date as indicated in its

statement.

2. This Agreement shall enter into force for a period of five years 30 days after the date of

receipt by the depositary of the last written notification through diplomatic channels that the

Parties have completed the internal procedures required for its entry into force.

3. This Agreement shall be automatically renewed for further periods of five years unless a

Party notifies the other Parties in writing at least six months prior to the expiration of the first

period of five years or any succeeding period of five years of its intent to withdraw from this

Agreement, in which event this Agreement shall continue between the remaining Parties.

4. Any Party may at any time withdraw from this Agreement by sending written notification

thereof to the depositary through diplomatic channels at least six months in advance,

specifying the effective date of its withdrawal. Withdrawal from this Agreement shall not

affect its application among the remaining Parties.

5. Withdrawal from this Agreement by a Party shall not affect the obligations of that Party

with regard to activities undertaken under this Agreement where those obligations have arisen

prior to the effective date of withdrawal.

Article 20

Depositary

The Government of the Kingdom of Denmark shall be the depositary for this Agreement.

DONE at Fairbanks, Alaska, United States of America this XX day of May, 2017. This

Agreement is established in a single copy in the English, French, and Russian languages, all

texts being equally authentic. The working language of this Agreement shall be English, the

language in which this Agreement was negotiated. The Depositary shall transmit certified

copies of this Agreement to the Parties.

UFU, Alm.del - 2016-17 - Bilag 98: Arktisk Råds uridisk bindende aftale vedrørende forskningssamarbejde mellem de arktiske nationer

For the Government of Canada

For the Government of the Kingdom of Denmark, including the Government of the

Faroe Islands and the Government of Greenland

For the Government of the Faroe Islands

For the Government of Greenland

For the Government of the Republic of Finland

UFU, Alm.del - 2016-17 - Bilag 98: Arktisk Råds uridisk bindende aftale vedrørende forskningssamarbejde mellem de arktiske nationer

For the Government of Iceland

For the Government of the Kingdom of Norway

For the Government of the Russian Federation

For the Government of the Kingdom of Sweden

For the Government of the United States of America

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ANNEX 1 - Identified Geographic Areas

Identified Geographic Areas for purposes of this Agreement are described by each Party

below and include areas over which a State whose government is a Party to this Agreement

exercises sovereignty, sovereign rights or jurisdiction, including land and internal waters

within those areas and the adjacent territorial sea, exclusive economic zone, and continental

shelf, consistent with international law. Identified Geographic Areas also include areas

beyond national jurisdiction in the high seas north of 62 degrees north latitude.

The Parties agree that the Identified Geographic Areas are described solely for the purposes

of this Agreement. Nothing in this Agreement shall affect the existence or delineation of any

maritime entitlement or the delimitation of any boundary between States in accordance with

international law.

CANADA

- The territories of Yukon, Northwest Territories, and Nunavut and the adjacent

marine areas of Canada.

KINGDOM OF DENMARK -

The territory of the Kingdom of Denmark including

Greenland and the Faroes and its marine areas above the southern limit of the Greenland

exclusive economic zone and the Faroese fisheries zone.

FINLAND -

The territory of Finland and its marine areas.

ICELAND -

The territory of Iceland and its marine areas.

NORWAY -

Marine areas north of 62 degrees north latitude, and land areas north of the

Arctic Circle (66.6 degrees north latitude).

RUSSIA

1. Territory of the Murmansk Region;

2. Territory of the Nenets Autonomous Area;

3. Territory of the Chuckchi Autonomous Area;

4. Territory of the Yamalo-Nenets Autonomous Area;

5. Territory of the municipal entity "Vorkuta" (Komi Republic);

6. Territories of Allaikhov Ulus (District), Anabar National (Dolgano-Evenk) Ulus (District),

Bulun Ulus (District), Nizhnekolym District, Ust-Yan Ulus (District) (Sakha Republic

(Yakutia));

7. Territories of the Urban District of Norilsk, Taimyr Dolgan-Nenets Municipal District,

Turukhan District (Krasnoyarsk Territory);

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8. Territories of the municipal entities "The City of Arkhangelsk", "Mezen Municipal

District", "Novaya Zemlya", "The City of Novodvinsk", "Onega Municipal District",

"Primorsky Municipal District", "Severodvinsk" (Arkhangelsk region);

9. Lands and islands of the Arctic Ocean, identified in the Resolution of the Presidium of the

Central Executive Committee of the USSR dated April 15, 1926 "Оn the announcement of

lands and islands situated in the Arctic Ocean as a territory of the Union of SSR" and other

legislative acts of the USSR.

Note: Territories of the municipal entities, listed in the abovementioned items 5

–

identified within the borders as of April 1, 2014.

As well as adjacent marine areas.

SWEDEN -

The territory of Sweden and its marine areas north of 60,5 degrees north latitude.

UNITED STATES OF AMERICA -

All United States territory north of the Arctic Circle

and north and west of the boundary formed by the Porcupine, Yukon, and Kuskokwim

Rivers; the Aleutian chain; and adjacent marine areas in the Arctic Ocean and the Beaufort,

Bering, and Chukchi Seas.

UFU, Alm.del - 2016-17 - Bilag 98: Arktisk Råds uridisk bindende aftale vedrørende forskningssamarbejde mellem de arktiske nationer

ANNEX 2 -

Authorities and contact points

CANADA

Polar Knowledge Canada

170 Laurier Avenue West, 2

Floor, Suite 200, Ottawa, Ontario K1P 5V5

Telephone: +1 613 943 8605

Email:

[email protected]

Point of contact for Marine Scientific Research requests:

Global Affairs Canada

Security and Defense Relations, 125 Sussex Drive, Ottawa, Ontario K1A 0G2

Telephone: +1 343 203 3208

Email:

[email protected]

;

[email protected]

KINGDOM OF DENMARK

The Ministry of Foreign Affairs

Department for Northern America and the Arctic

Asiatisk Plads 2, 1448 Copenhagen K

Telephone: + 45 33 92 00 00

Email:

[email protected]

Danish Agency for Science, Technology and Innovation

Bredgade 40, 1260 Copenhagen K

Telephone: +45 35 44 62 00

Department of Foreign Affairs

Postboks 1340, 3900 Nuuk

Telephone: +299 34 50 00

Email:

[email protected]

Ministry of Education, Culture, Research and Church

Postboks 1029, 3900 Nuuk

Telephone: +299 34 50 00

Email:

[email protected]

Ministry of Foreign Affairs and Trade

Gongin 7, Postbox 377, 110 Tórshavn

Telephone: +298 30 66 00

Email:

[email protected]

Ministry of Education, Research and Culture

UFU, Alm.del - 2016-17 - Bilag 98: Arktisk Råds uridisk bindende aftale vedrørende forskningssamarbejde mellem de arktiske nationer

Hoyvíksvegur 72, Postbox 3279, 110 Tórshavn

Telephone: +298 30 65 00

Email:

[email protected]

FINLAND

Ministry of Education and Culture

P.O. Box 29, FI-00023 Government

(Visiting addresses: Meritullinkatu 10, Helsinki;

Meritullinkatu 1, Helsinki)

Telephone: +358 2953 30004 (Switchboard)

Email:

[email protected]

ICELAND

Ministry of Education, Science and Culture

Sölvhólsgata 4, 150 Reykjavík

Tel: +354 545 9500

Email:

[email protected]

The Icelandic Center for Research

Borgartún 30, 105 Reykjavík

Tel: +354 515 5800

Email:

[email protected]

NORWAY

Ministry of Education and Research

P.O. Box 8119 Dep, N-0032 Oslo

Visitor address: Kirkegata 18, Oslo

Telephone: +47 22 24 90 90

Email:

[email protected]

The Research Council of Norway

P.O Box 564 N-1327 Lysaker

Visitor address: Drammensveien 288, Oslo

Telephone: +47 22 03 70 00

Email:

[email protected]

RUSSIA

Ministry of Education and Science

Department of Science and Technology

Tverskaya st., 11, Moscow 125993

UFU, Alm.del - 2016-17 - Bilag 98: Arktisk Råds uridisk bindende aftale vedrørende forskningssamarbejde mellem de arktiske nationer

Telephone: +7 495 629 03 64

Email:

[email protected]

SWEDEN

Ministry of Education and Research

103 33 Stockholm

Telephone: +46 8 405 1000

Email:

[email protected]

UNITED STATES OF AMERICA

US Arctic Research Commission

Executive Director, US Arctic Research Commission

4350 N. Fairfax Dr., Suite 510, Arlington, VA 22203

Telephone: + 1 703 525 0113

Email:

[email protected]