Proposal for a COUNCIL REGULATION (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
Date: 1993-12-01
Institutions: European Commission
Subjects: European Communities, international organisation, ratification of an agreement, research body, technology

COMMISSION  OF  THE  EtŒlOPEAN  COMMUNITIES 

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B r u s s e l s,  1  December  1993 

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P r o p o s al 

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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 

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( p r e s e n t ed  by  t he  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. 

their  respective 

While  the  United  States  of  America,  Japan,  the  European  Community  for 
Atomic  Energy  and  the  European  Economic  Community  had  already  com 
pleted 
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. 

internal  approval  procedures  regarding 

the 

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 and 4 of Regulation (EEC) No 3955/92»  shall apply. 

Article 3 

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 
Russian languages, each text being equally authentic. 

1993, in the English and 

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 

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