Proposal for a COUNCIL DECISION on the accession of Canada to the Agreement setting up an International Science and Technology Centre between the United States of America, Japan, the Russian Federation and, acting as single party, the European Atomic Energy Community and the European Economic Community

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. On 27 November 1992, the European Community and the European Atomic Energy Community, acting as single party (hereinafter "the Communities"), signed with the United States of America, Japan and the Russian Federation an Agreement setting up an International Science and Technology Centre (hereinafter "the Agreement"). The Communities concluded this Agreement through Council Regulation No 3955/92/EC and Commission Regulation 3956/92/EURATOM of 21 December 1992.

2. The International Science and Technology Centre (hereinafter "the Centre") acts as an intergovernmental organisation with its own legal capacity, in accordance with the laws and regulations of the parties. The objectives of the Centre consist in offering scientists and engineers specialising in weapons and in particular those with knowledge and qualifications in the field of weapons of mass destruction or missile launching systems in the Russian Federation and in other CIS States and Georgia the possibility of directing their skills towards peaceful activities and contributing to the solution of national or international technical problems and wider objectives regarding the transition to a market economy responding to civilian requirements.

3. On 28 March 2003, Canada notified the Board of the Centre of its intention to become a party to the Agreement. In accordance with Article XIII of the Agreement, it is the responsibility of the Board of the Centre to approve this accession.

4. The accession of Canada falls within the framework of the Agreement and more generally the broader framework of the support to the G8 initiative on the global partnership against the proliferation of weapons of mass destruction the objectives of which include the non-proliferation and skills objectives of the Centre. The accession of Canada also fits in with the concern of the parties to see their numbers enlarged, in the awareness that the success of the Centre necessitates solid support from the governments, foundations, academic and scientific institutions and other intergovernmental and non-governmental organisations.

5. In accordance with Article 3(3) of Council Regulation 3955/92/EC, the position of the Communities with regard to questions arising from Article XIII of the Agreement must be adopted by the Council and expressed, as a general rule, by the Presidency.

6. Having regard to the above, the Commission proposes that the Council:

- should approve, on behalf of the Communities, the accession of Canada to the Agreement setting up an International Science and Technology Centre between the United States of America, Japan, the Russian Federation and, acting as single party, the European Atomic Energy Community and the European Economic Community;

- should authorise the Presidency of the Council to express this agreement within the Board of the Centre.

Proposal for a COUNCIL DECISION on the accession of Canada to the Agreement setting up an International Science and Technology Centre between the United States of America, Japan, the Russian Federation and, acting as single party, the European Atomic Energy Community and the European Economic Community

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Council Regulation No 3955/92/EC of 21 December 1992 on the conclusion, on behalf of the European Economic Community of the Agreement setting up an International Science and Technology Centre between the United States of America, Japan, the Russian Federation and, acting as single party, the European Atomic Energy Community and the European Economic Community [1], and in particular Article 3(1), (3) and (4) thereof,

[1] OJ L 409, 31.12.1992, p. 1.

Having regard to the communication from the Commission [2],

[2] OJ C , , p. .

Whereas:

(1) The European Atomic Energy Community and the European Economic Community, acting as single party (hereinafter "the Communities") concluded on 21 December 1992 the Agreement setting up between them and the United States of America, Japan and the Russian Federation an International Science and Technology Centre (hereinafter "the Agreement").

(2) On 28 March 2003 Canada notified the Board of the International Science and Technology Centre (hereinafter "the Centre") of its intention to become a party to the Agreement. In accordance with Article XIII of the Agreement, it is the responsibility of the Board of the Centre to approve this accession.

(3) The Communities are represented on the Board of the Centre by the Presidency of the Council and by the Commission. The position of the Communities with regard to questions arising under Article XIII of the Agreement is adopted by the Council and expressed, as a general rule, by the Presidency,

HAS DECIDED AS FOLLOWS:

Article 1

The accession of Canada to the Agreement setting up an International Science and Technology Centre between the United States of America, Japan, the Russian Federation and, acting as single party, the European Atomic Energy Community and the European Economic Community, is hereby approved on behalf of the Communities.

Article 2

The Presidency of the Council shall express within the Board of the Centre the approval of the Communities to the accession of Canada to the Agreement.

Done at Brussels,

For the Council

The President