Agreements
Cooperation Agreement between The Research Foundation – Flanders (FWO) and FAPESP Versão em português
The Research Foundation – Flanders (Fonds Wetenschappelijk Onderzoek – Vlaanderen) (FWO), public foundation, with headquarters in Leuvenseweg 38, 1000 Brussels, Belgium, in this act represented by Mr. Willy Verstraete, President of the FWO Board of Trustees, and Mr. Hans Willems, FWO Secretary General.
And
The São Paulo Research Foundation (FAPESP), hereinafter referred to as FAPESP, established by the Law nº 5.918, of October 18th, 1960, with headquarters at Rua Pio XI, 1500, Alto da Lapa, São Paulo, SP, Brazil, enrolled in CNPJ/MF under nº 43.828.151/0001-45, herein represented, according to Article 11, “a” of Law nº 5.918, combined with its General Rule approved by Decree n° 40.132, of May 23, 1962, by its President, Professor Marco Antonio Zago.
henceforth called “the PARTIES”, have agreed on a collaboration agreement, henceforth called "the AGREEMENT".
In the framework of the AGREEMENT the PARTIES have agreed as follows:
Art. I General Aim and Principles
The aim of the present AGREEMENT is to promote and support, in a transparent/open manner and on a reciprocal/mutually beneficial basis, cooperation in fundamental research between researchers from the Flemish Community of Belgium and researchers from the State of São Paulo (Brazil) in all research domains.
When doing so both PARTIES commit to act responsible and ethically thereby endorsing, safeguarding and protecting the following principles:
- Academic freedom as defined in the Bonn Declaration on the Freedom of Scientific Research;
- Research Ethics and Scientific Integrity: Ensure that research funded in the framework of this AGREEMENT is carried out in accordance with the highest ethical and integrity standards imposed by each national and European legislation. This includes e.a. actions undertaken to exclude dual use (use for military purposes) and/or misuse (e.g. violation of universal human rights) of research results originating in the framework of this AGREEMENT.
- Scientific excellence (quality of the research) as a standard for an objective and transparent evaluation procedure;
- Data Security and Intellectual Property: Ensure the protection of privacy, personal data, authorship, and intellectual property rights;
- Equal opportunities e.a. gender equality.
Art. II Collaboration Framework – Forms of Cooperation
Both PARTIES agree to implement the aims of this AGREEMENT by jointly organizing joint calls for joint mobility projects and joint calls for joint research projects in fundamental research. Other cooperative activities can be mutually agreed upon between the two PARTIES. The PARTIES strive to have a call for joint research projects launched every 3 years. In the years where there is no call for joint research projects scheduled, a call for joint mobility projects may be launched.
Art. III Implementation
Launch of a call for joint research or joint mobility projects
Each time a new joint call for joint research projects or joint mobility projects is launched, call-specific details will be laid down in dedicated guidelines for applicants. This document will be jointly drafted by FWO and FAPESP, and will contain at least the following information:
- Background and scope of the call, duration of the projects to be funded, and details on the funding that can be requested by researchers from the Flemish Community of Belgium and the State of São Paulo (Brazil);
- Timing of the call including at least the launch date, closing date and project start date;
- Details on the submission procedure;
- Eligibility conditions for researchers and research institutions from the Flemish Community of Belgium and the State of São Paulo (Brazil);
- Details on the evaluation procedure and evaluation conditions.
Each PARTY will promote calls on its respective website and/or by other means at its disposal.
Evaluation procedure for eligible joint research projects
The evaluation of the eligible joint research proposals will be based on a three-step procedure:
1. Remote Independent Peer Review performed separately by both PARTIES: In preparation of the joint scientific committee meeting (step 2) each PARTY will provide for each eligible joint research proposal 2 remote review reports by on-topic experts according to their own regulations and procedures. These reports should be drafted in English.
2. A Joint Evaluation Panel meeting: Eligible joint research proposals will be evaluated by a joint scientific committee consisting of an equal number of Flemish and Brazilian (State of São Paulo) researchers. The members will be chosen by their qualification and review experience according to the research fields of all eligible joint research proposals. This joint scientific committee will be chaired by an administrator/manager from FWO and/or FAPESP. The joint scientific committee meeting will be held in the head office of either FWO in Brussels or FAPESP in the the State of São Paulo (Brazil) or virtually. At the joint scientific committee meeting, eligible joint research proposals will be discussed and evaluated taking into account the remote independent peer review reports provided by FWO and FAPESP. Scientific excellence is the main criterion for this evaluation. The outcome of the joint scientific committee meeting is a list of proposals ranked based on scientific merit.
3. Based on budget availability the joint scientific committee will make a funding recommendation to FWO and FAPESP. The list of funded joint research projects, including the allocated FWO and FAPESP budget for each of the funded projects, will be listed in a separate protocol. This funding recommendation will be ratified by the boards of trustees of FWO and FAPESP. Each PARTY will inform its own applicants on the call results. For that, both PARTIES will communicate simultaneously these results.
Evaluation procedure for eligible joint mobility projects
The evaluation process for joint mobility projects is a leaner process without a Joint Evaluation Panel. Both FWO and FAPESP evaluate the eligible joint mobility projects separately and according to their own standards and procedures, hereby respecting scientific excellence as the main evaluation criterion. Both PARTIES exchange the evaluation results in the timeframe agreed upon and in the format of a ranking based on scientific excellence. Respecting both rankings, the PARTIES jointly select the most excellent proposals to be funded. Each PARTY will inform its own applicants on the call results. For that, both PARTIES will communicate simultaneously these results.
Feedback
FWO and FAPESP commit to provide feedback to the applicants of funded and rejected joint research projects. When doing so each PARTY will provide feedback to its own applicants. For the joint mobility projects feedback will be provided according to each PARTY’s regulations and procedures.
Reporting
Periodic and final evaluation of the joint research projects or the joint mobility projects funded in the framework of this AGREEMENT will be carried out according to each PARTY’s regulations and procedures.
Art. IV Privacy and Protection of Personal Information – Data Sharing
Personal data collected for the purpose of the implementation of this collaboration will be processed in compliance with the relevant regulations, including the General Data Protection Regulation (Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing. Hereinafter “GDPR”-regulation). In the application of these provisions the relevant PARTY and/or PARTIES will inform the persons whose personal data is collected and processed about the use of the collected data and ask permission to do so. The personal data transferred by FWO to FAPESP will be treated according to the data transfer agreement which will be added as an annex to this AGREEMENT.
Art. V Publications, Confidentiality and Intellectual Property
The PARTIES agree that when the actions taken by virtue of this AGREEMENT result in products of commercial value and intellectual property rights, they will be regulated by national legislation and international conventions in force.
The PARTIES agree that for each funded joint research project in the framework of this AGREEMENT a partnership agreement between the involved institutions must be signed to ensure e.a. the effective protection and correct distribution of intellectual properties resulting from the project. This partnership should be signed within 9 months after the start of the project.
Neither PARTY may disclose to any third person any confidential or business information which may arise from the cooperation under this AGREEMENT without prior written consent of the other PARTY. Such obligation shall not be governed by the duration of this AGREEMENT.
Art. VI Financial Aspects
This AGREEMENT shall be subject to the availability of funds of both PARTIES. The amount of funding necessary to support joint research projects or joint mobility projects will be defined for each new call and will be laid down in the guidelines for applicants as referred to in Art. III.
For each approved joint research project or joint mobility project, FWO will finance the funding of the involved research teams from the Flemish Community of Belgium and FAPESP will finance the funding of the research teams from the State of São Paulo (Brazil), according to their own procedures, national laws/regulations and budget availability.
Subject to the availability of funds, each PARTY shall bear the costs of its own participation in the cooperation activities outlined in Art. II. Each PARTY covers its own administrative costs regarding its contribution to the call as outlined in Art. III, unless otherwise jointly decided.
The PARTY responsible for hosting the joint scientific committee meeting is responsible for the costs to organize the meeting (hosting expenses). Each PARTY is responsible for the travel expenses (air tickets) of its own joint scientific committee members.
Art. VII Non-fulfilment of Obligations – Disputes
Each PARTY will notify the other PARTY in a timely manner of contentious issues and/or difficulties arising from the implementation of this AGREEMENT. The PARTIES agree that this AGREEMENT is produced in good faith, so that any dispute or issues arising between the PARTIES concerning the interpretation and/or implementation of this AGREEMENT shall be settled amicably by joint consultation between the PARTIES. If no agreement is reached between the PARTIES, this AGREEMENT can be terminated without liability to the PARTIES. These PARTIES should still agree how to conclude the actions in progress until the date of termination by either PARTY.
If a PARTY fails to fulfil its obligations under this AGREEMENT, especially the principles set out in Art. I, this AGREEMENT will be immediately terminated without liability to the PARTIES. Evaluation processes, and funding activities already initiated under this AGREEMENT shall not be affected by a termination.
The PARTIES are not responsible for partial or complete failure to fulfil obligations under this AGREEMENT in the event of force majeure.
Art. VIII Validity
This AGREEMENT is valid for 6 years, as from the date of its last signature, and will be subject to regular evaluation by FWO and FAPESP. Each PARTY may, at any time, propose modifications to this AGREEMENT, including its extension, which will be placed into effect upon mutual consent of the PARTIES in written and signed amendments to this Agreement.
Cooperation under this AGREEMENT shall at all times be subject to the applicable national laws and regulations of the PARTIES. Each PARTY will inform the other PARTY in a timely manner of any changes in national laws and/or regulations affecting the implementation of this AGREEMENT.
Art. IX Termination
Either PARTY may give notice in writing to the other PARTY of withdrawal from the AGREEMENT. The notice must be given at least six months in advance of the desired withdrawal date.
All rights and obligations of the withdrawing PARTY fully remain in force until the withdrawal takes effect. Submission and evaluation processes, and funding activities already initiated under this AGREEMENT shall not be affected by a termination.
This AGREEMENT is made and signed in duplicate, in Portuguese and English. In the event of any discrepancy between the different language versions, the English text shall prevail.
Agreement signed on December 18, 2023.