COMMISSION OF THE EtŒlOPEAN COMMUNITIES 
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"3 C0M(93)644 final 
Brussels, 1 December 1993 
Proposal for a 
çpyMÇll RFGiJLATIQN (EC) 
on the conclusion by the European Community of 
a Protocol on the Provisional Application 
of the Agreement Establishing an 
International Science and Technology Center 
and 
Proposal for a 
COUNCIL DECISION 
approving the 
Protocol on the Provisional Application of the 
Agreement Establishing an 
International Science and Technology Center 
for the purpose of its final conclusion by the Commission 
on behalf of the European Atomic Energy Community 
(presented by the Commission) 
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Explanatory Memorandum 
The Agreement Establishing an International Science and Technology Center 
(ISTC Agreement) was signed by the four parties - the United States of 
America, Japan, the Russian Federation and, acting as one party, the Euro­
pean Atomic Energy Community and European Economic Community - on 27 
November 1992 at Moscow. 
While the United States of America, Japan, the European Community for 
Atomic Energy and the European Economic Community had already com­
pleted their respective internal approval procedures regarding the ISTC 
Agreement by the end of 1992, the Russian Federation has not yet ratified the 
Agreement, which therefore has not yet entered into force. Ratification by the 
new Russian Parliament which is to be elected on December 12, 1993 is ex­
pected to take several months. 
In these circumstances, the four parties have considered It desirable to seek a 
solution permitting the provisional application of the ISTC Agreement through 
the conclusion of a special Protocol to this effect. 
In accordance with the authorization by the Council, and on the basis of the 
negotiating directives laid down by it (Decision of 29 November 1993), the 
Commission has negotiated with the United States of America, Japan and the 
Russian Federation a Protocol on the Provisional Application of the Agreement 
Establishing an International Science and Technology Center. This Protocol, 
which is attached to the present communication (Annex 3), has been initialed 
by the parties at Moscow on 24 November 1993. 
The Protocol provides for the provisional application of the ISTC Agreement 
until the latter's entry into force (Article I). Furthermore, it contains technical 
provisions which are necessary to take account of the provisional character 
of the Agreement's application, pertaining to the review of the Agreement 
(Article II), the withdrawal from the Protocol (Article III) and the accession of 
new members desiring to participate in the provisional application of the 
Agreement (Article IV). 
3. The Council is requested to approve: 
• the proposal for a regulation (EC) concerning the conclusion of the 
Protocol on the behalf of the European Community (Annex 1), and 
• the proposal for a decision (Euratom), approving the conclusion of 
the Protocol by the Commission on behalf of the European Atomic 
Energy Community (Annex 2). 
Moreover, the Council is requested to authorize the signature of the Protocol 
by the Commission. 
Proposai for a 
COUNCIL REGULATION 
concerning the conclusion, on behalf of the European Community, of the Protocol on 
the Provisional Application of the Agreement Establishing an International Science and 
Technology Center 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular Article 
228, paragraph (3), first subparagraph in conjunction with Article 235 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament, 
Whereas the conclusion of the Protocol by the European Community will help, pending the 
entry into force of the Agreement Establishing an International Science and Technology Cen­
ter signed on 27 November 1992, to achieve the Community's objectives; 
Whereas the Treaty does not provide, for the adoption of this Regulation, powers other than 
those of Article 235; 
HAS ADOPTED THIS REGULATION: 
Article 1 
The Protocol on the Provisional Application of the Agreement Establishing an International 
Science and Technology Center is hereby approved on behalf of the European Community. 
The text of the Protocol is attached to this Regulation. 
Article 2 
The President of the Council shall, on behalf of the European Community, give the notification 
provided for in Article I of the Protocol. 
1» 
Article 3 
Article 3 and 4 of Regulation (EEC) No 3955/92» shall apply. 
Article 4 
This Regulation shall enter into force on the third day following its publication in the Official 
Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at Brussels, . .1993. 
For the Council 
The President 
!OJ No L 409, 31.12.1992, p. 1 
COUNCIL DECISION 
approving the Protocol on the Provisional Application of the 
Agreement Establishing an International Science and Technology Center 
for the purpose of its final conclusion by the Commission 
on behalf of the European Atomic Energy Community 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Atomic Energy Community, and in 
particular Article 101(2) thereof, 
Having regard to the proposal from the Commission, 
Whereas the Commission has negotiated, in accordance with the directives of the Council, the 
Protocol on the Provisional Application of the Agreement Establishing an International 
Science and Technology Center; whereas it proposes to conclude this Protocol on behalf of 
the European Atomic Energy Community; 
Whereas the conclusion of the said Protocol by the Commission on behalf of the European 
Atomic Energy Community should be approved, 
HAS DECIDED AS FOLLOWS: 
Sole Article 
The conclusion by the Commission of the Protocol on the Provisional Application of the 
Agreement Establishing an International Science and Technology Center on behalf of the 
European Atomic Energy Community is approved. 
The text of the Protocol is attached to this Decision. 
Done at Brussels, . . 1993. 
For the Council 
The President 
*, 
PROTOCOL ON THE PROVISIONAL APPLICATION OF 
THE AGREEMENT ESTABLISHING AN INTERNATIONAL 
SCIENCE AND TECHNOLOGY CENTER 
The European Atomic Energy Community and the European 
Community, acting as one party, the United States of 
America, Japan, and the Russian Federation, hereinafter 
referred to as the "Signatory Parties," 
Recognizing the importance of the Agreement Establishing 
an international Science and Technology Center, signed in 
Moscow on November 27, 1992, hereinafter referred to as 
the "Agreement," 
HAVE AGREED AS FOLLOWS: 
Article I 
(1) The Agreement shall be provisionally applied in 
accordance with its terms by the signatory Parties from 
the date of the last notification of the Signatory Parties 
of the completion of internal procedures necessary for 
entry into force of this Protocol. 
(2) The Agreement shall be applied provisionally until 
its entry into force in accordance with Article XVIII 
thereof. 
Article II 
The Agreement shall be subject to review by the Parties 
two years after the beginning of provisional application 
of the Agreement notwithstanding the provisions of Article 
XV(A) of the Agreement. 
Article III 
Any of the Parties may withdraw from this Protocol six 
months from the date on which written notification is 
provided to the other Parties. 
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Article IV 
(1) Any state desiring to become a Party to the Agreement 
in accordance with Article XIII thereof, after fulfilling 
the conditions set forth in that Article, and after 
completing its internal procedures that will be necessary 
for accession to the Agreement, shall notify the Signatory 
Parties of its intention to provisionally apply the 
Agreement in accordance with this Protocol. 
(2) The provisional application by that state shall begin 
from the date of notification referred to in Paragraph (1) 
of this Article. 
Done in Moscow on December 1993, in the English and 
Russian languages, each text being equally authentic. 
For: 
The European Atomic Energy community and the European 
Community 
The United States of America 
Japan 
The Russian Federation 
nfzifo 
ISSN 0254-1475 
COM (93) 644 final 
DOCUMENTS 
EN 11 12 15 
Catalogue number : CB-CO-93-690-EN-C 
ISBN 92-77-62572-4 
Office for Official Publications of the European Communities 
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