Science, Technology, and Society Initiative to Minimize Unwanted Catches in European Fisheries

SFS-09-2014 RIA •634495

WP7. Project Coordination and Management Task 7.1 D7.3 Non-disclosure agreement

Author: CSIC Contractual due date: month 2

Dissemination level: PUBLIC Report Status: FINAL Date: 10 August 2015

http://www.minouw.icm.csic.es

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INDEX

SUPLEMENTARY AGREEMENT FOR THE USE OF SPECIFIC DATA WITHIN THE MINOUW PROJECT ....................................................... 3

SIGNATURAS OF THE BENEFIICIARIES ............................................ 7

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SUPLEMENTARY AGREEMENT FOR THE USE OF SPECIFIC DATA WITHIN THE MINOUW PROJECT This Agreement is made on 01/03/2015. 1) AGENCIA ESTATAL CONSEJO SUPERIOR DE INVESTIGACIONES

CIENTIFICAS (CSIC). Spain. 2) CONSIGLIO NAZIONALE DELLE RICERCHE (CNR). Italy. 3) HASKOLI ISLANDS (UI). Iceland.

4) WWF EUROPEAN POLICY PROGRAMME AISBL(WWF). Belgium. 5) ILLES BALEARS (DGMRM). Spain. 6) CENTRO DE CIENCIAS DO MAR DO ALGARVE (CCMAR). Portugal. 7) HAVFORSKNINGSINSTITUTTET (IMR). Norway. 8) CONSORZIO PER IL CENTRO INTERUNIVERSITARIO DI BIOLOGIA

MARINA ED ECOLOGIA APPLICATA G. BACCI (CIBM). Italy. 9) HELLENIC CENTRE FOR MARINE RESEARCH (HCMR). Greece.

10) UNIVERSIDAD DEL PAIS VASCO/ EUSKAL HERRIKO UNIBERTSITATEA (UPV/EHU). Spain.

11) NISEA SOCIETA COOPERATIVA (NISEA). Italy.

12) PROYECTOS BIOLÓGICOS Y TÉCNICOS S.L. (PROBITEC). Spain.

13) UNIVERSITY OF YORK (UoY). United Kingdom.

14) ISRAEL OCEANOGRAPHIC AND LIMNOLOGICAL RESEARCH LIMITED (IOLR) Israel

15) HELSINGIN YLIOPISTO. Department of Environmental Sciences (UH). Finland

(hereinafter called collectively “THE PARTIES”).

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WHEREAS the PARIES are Beneficiaries of the EU Grant Agreement n. 634495 concerning the project entitled “Science, Technology, and Society Initiative to Minimize Unwanted Catches in European Fisheries”, whose acronym is “Minouw Project). WHEREAS it is agreed in the DOA (Description of the Action-Annex 1 to the EU Grant Agreement) that PROBITEC will subcontract FishSpektrum S.L. to collaborate in Tasks 3.3 of Workpackage 3 and Task 5.2 of Workpackage 5 to assist the provisioning and analysis of DATA fishing vessels’ activity and their spatial tracks obtained by VSM and AIS (T&Sat) and for each study área as well as other tasks described in the DOA. WHEREAS PROBITEC shall grant Access Rights to the other Parties over the DATA received from its Subcontractor Fishspektrum as agreed in the DOA under the terms established in the Minouw Consortium Agreement entered into by the Parties. WHEREAS the Beneficiaries of the Grant Agreement have agreed to provide a Deliverable (D7.3) within teh Workpackage 7 concerning a Non- Disclosure Agreement (NDA) with respect to certain information concerning the Project that may require an additional protection. However, the Parties wish to enter into that NDA under the form of a Supplementary Agreement that shall supplement the terms and conditions of the Grant Agreement and the MINOUW Consortium Agreement with respect to the DATA mentioned herein. WHEREAS the purpose of this Agreement is to estipulate additional terms and conditions with respect to the use by the PARTIES of DATA as defined in Section 1 of this Agreement. WHEREAS this Agreement is entered into without prejudice to the rights and obligations met by the PARTIES in the Minouw Consortium Agreement or/and the EU Grand Agreement. In case of conflict between the terms and conditions of this Supplementary Agreement and those established in the Minouw Consortium Agreement and/or the EU Grant Agreement, the latter two Agreements shall always prevail. WHEREAS the terms “Access Rights” shall have the same meaning as in the EU Grant Agreement. 1) “DATA” for the purpose of this Agreement means:

Static and dynamic AIS & VMS-based metadata, in conjunction with FishSpektrum’s Krakken Vs. 7, 8, 9 &10 Unique Vessel Identifier Database, as an alternative means of specific fisheries’ "footprint” electronic geo-referencing and analysis.

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2) The PARTIES acknowledge that: 2.1) The nature of the aforementioned metadata das been fully explanied to them by means of oral as well as written disclosures, namely Cocept Notes, reports, papers and/or PowerPoint presentation. 2.2) All oral as well as written/electronic disclosures of those DATA related to the MINOUW Project, are in principle covered by this Agreemnet. 3) The PARTIES will ensure that:

3.1) All DATA exchanged, shared or disclosed by and among them, is to be kept confidential at all times and not to be divulged to amyone without prior written consent of the MINOUW Steering Committee.

3.2) Special care will be taken in the safeguarding of confidentiality with

regards to comercial information and the like, that may be contained in the DATA. Furthermore, each PARTY signatory to this Agreement, will designate a person acting on its behalf and responsable for DATA exchange, sharing and storage, for the whole duration of the Project. Whit respect to the PARTIES that would accede to the DATA only by means of oral diclosures (e.g. in the framework of the Project’s meetings) the person resposible under this Section3.2 would be in principle the main Scientist representing each Party, unless that Party decides otherwise.

4) The Parties further agree:

4.1) All DATA shall be duly anonymized prior and for the purpose of any publication, presentation or other public communication within the framework of the MINOUW Project.

4.2) Proper and reasonable “DATA-chain-of-custody” protocols (DATA

storage and transmission) will be enforced by each of interested PARTIES to the MINOUW Consortium in accordance with its internal rules. Such individual protocols will be communicated to the MINOUW Steering Committee at their earliest convenience.

4.3) They shall apply and use DATA only for the tasks and purposes of

the MINOUW Project (as described in the “Description of Project” of the Grant Agreement, Annex 1) and agreed in the Minouw Consortium Agreement.

5) Upon termination of the EU Grant Agreement or the Consortium Agreement by breach, default or otherwise, the PARTIES their shareholders, officers and/or employees, shall be deemed to be restrained and enjoined from the utilization of any or all DATA and the like, which were stored by them and/or disclosed, shared or transmitted between them prior to termination

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unless otherwise established in the EU Grant Agreement or the MINOUW Consortium Agreement. 6) The PARTIES shall endeavour to settle their disputes amicably. Should the PARTIES fail in reaching such an amicable agreement, the PARTIES agree to submit the dispute exclusively to the Courts of Brussels. Done and signed by the PARTIES hereto on the dates and at the places hereinafter set forth.

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SIGNATURAS OF THE BENEFIICIARIES

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The MINOUW Consortium

Beneficiaries:

Linked parties: