Memorandum of Understanding between the Government of the Federative Republic of Brazil and the Government of the Republic of India and on cooperation in the field of environment
The Government of The Federative Republic of Brazil
and
The Government of the Republic of India
(hereinafter referred to as "the Parties”);
Taking into consideration the deep concern of both countries for the global environment and their shared interest in its conservation for the well-being of present and future generations;
Keeping in mind that sustainable development in Brazil and India requires effective measures for protection and improvement of the environment;
Recalling the importance of cooperation between developing countries towards the enhancement of sustainable development;
Considering the principles and documents adopted during the United Nations Conference on Environment and Development held at Rio de Janeiro in June 1992, at the United Nations World Summit on Sustainable Development held in Johannesburg in 2002 and at the United Nations Conference on Sustainable Development (Rio+20), held at Rio de Janeiro in June 2012; and
Desirous of promoting the establishment and development of closer and long term cooperation between both countries in the field of protection and improvement of the environment;
Have reached the following understanding:
ARTICLE I
The Parties shall cooperate in the field of environmental protection on the basis of equality, reciprocity and mutual benefit.
ARTICLE II
The Parties shall mutually extend their co-operation, inter alia, in the following priority areas:
a) Climate Change;
b) Biological Diversity, with attention to the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization;
c) Afforestation in arid areas;
d) Water conservation and protection of wetlands;
e) Waste management including agricultural waste and electronic waste;
f) Waste water management and re-use of treated effluents;
g) Use of bio-fuels;
h) Use of medicinal plant products;
i) Air and water quality management; and
j) Environmental information systems.
2. The Parties shall carry out the above mentioned co-operative activities, in accordance with their national law and their obligations under international treaties in the field of environmental protection and conservation of natural resources.
ARTICLE III
Cooperation between the Parties under this Memorandum of Understanding may be conducted in the form of:
a) Exchange of information and documentation;
b) Exchange of visits by experts, scholars and delegations;
c) Jointly organized seminars, workshops and meetings involving experts, scientists, private companies and other relevant agencies;
d) Collaborative projects;
e) Other forms of cooperation as mutually agreed upon.
ARTICLE IV
1. Subject to national legislation and international agreements in force in both countries, the Parties shall adopt appropriate measures to protect the intellectual property rights arising under the implementation of this Memorandum of Understanding.
2.The conditions for the acquisition, maintenance and commercial exploitation of intellectual property rights over possible products and/or processes that might be obtained under this Memorandum of Understanding will be defined in the specific programs, contracts or working plans, which shall also set out the conditions regarding the confidentiality of information whose publication and/or disclosure might jeopardize the acquisition, maintenance and commercial exploitation of intellectual property rights obtained under this Memorandum of Understanding.
ARTICLE V
1.The Parties, proceeding from the objectives of the MoU, shall promote and facilitate the establishment and development of direct contact and cooperation between them and between public and private institutions and organizations of both countries.
2.The Parties shall encourage contacts between Government agencies, academic institutions and private economic enterprises of both countries interested in cooperation, including the signing of contracts and working agreements.
ARTICLE VI
The scientific and technical Information, not protected by the intellectual property rights, that may be accumulated as a result of cooperation under the present MoU, excluding information which may not be disclosed in view of national security, or commercial or industrial considerations, may be provided to the international scientific community and institutes unless otherwise agreed to by both Parties, through the usual channels and in accordance with the normal procedures of the participating institutions and organizations. In exchanging and disseminating it to third parties, both Parties shall take into account existing legal provisions, the rights of third parties and international obligations.
ARTICLE VII
1. For coordination and implementation of this MoU, an Indo-Brazil Joint Working Group on Environment shall be set up (hereinafter referred to as ‘the Working Group’).
2. The Working Group will meet, at intervals agreed upon by the Parties, alternately in Brazil and India. It will examine concrete activities and programmes of cooperation; coordinate with the participating organizations responsible for the implementation of these programmes; and shall make recommendations to Parties, through an accepted procedure. The composition, place of the meetings and procedure to be followed in the Working Group shall be mutually determined by the Parties, the sending side bear the cost of such visits.
3. The Ministry of Environment and Forests of the Republic of India and the Ministry of Environment of the Federative Republic of Brazil shall be the nodal agencies responsible for coordination and organization of cooperation under the present MoU.
4. The activities under the MoU will be conducted on the basis of a plan of action, formulated for period of five years, in accordance with the programmes of cooperation.
ARTICLE VIII
This MoU may not be interpreted so as to prejudice the rights and obligations of the Parties which result from other agreements in force concluded by each of the two Parties of their States under international law.
ARTICLE IX
Disputes arising out of interpretation in or application of this MoU which cannot be resolved between the agencies responsible for coordination and organization of cooperation shall be resolved amicably by negotiation and consultation between the Parties.
ARTICLE X
1.The present MoU shall continuously remain in force from the date of signature, unless either Party terminates it by giving a written notice to the other Party, through diplomatic channel, of its intention to terminate it. In such a case, the MoU shall be terminated six (6) months from the date of such notification.
2.The termination of this MoU shall not affect the completion of activities under agreements and contracts concluded on the basis of the present MoU, which may have not been completed on the date of its termination.
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