Council Regulation (EC) No 1766/98 of 30 July 1998 concerning the accession by the European Community and the European Atomic Energy Community, acting as one party, to the Agreement to establish a science and technology centre in Ukraine, of 25 October 1993, between Canada, Sweden, Ukraine and the United States of America
Date: 1998-07-30
Institutions: Council of the European Union
Subjects: EAEC, Ukraine, agreement (EU), applied research, international agreement, scientific research

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Official Journal of the European Communities

12. 8. 98

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1766/98

of 30 July 1998

concerning the accession by the European Community and the European
Atomic Energy Community, acting as one party, to the Agreement to establish a
science and technology centre in Ukraine, of 25 October 1993, between Canada,
Sweden, Ukraine and the United States of America

THE COUNCIL OF THE EUROPEAN UNION,

Article 2

Having regard to the Treaty establishing the European
Community, and in particular Article 235, in conjunction
with the second sentence of Article 228(2) and the first
subparagraph of Article 228(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
liament (1),

the European Par-

Whereas the accession by the European Community and
the European Atomic Energy Community, acting as one
party, to the Agreement to establish a science and tech-
nology centre in Ukraine, of 25 October 1993, between
Canada, Sweden, Ukraine and the United States of
America, will help to achieve the Communities’ ob-
jectives;

Whereas the Treaty establishing the European Com-
munity does not provide, for the adoption of this Regula-
tion, powers other than those of Article 235,

HAS ADOPTED THIS REGULATION:

Article 1

the European Community, acting
The accession of
together with the European Atomic Energy Community
as one party (hereinafter referred to as ‘European Com-
munities’), to the Agreement to establish a science and
technology centre in Ukraine, of 25 October 1993,
between Canada, Sweden, Ukraine and the United States
of America, as modified by the Protocol of 7 July 1997
(hereinafter referred to as ‘the Agreement’), and the dec-
laration of the European Communities relating to Article
I of the Agreement, are hereby approved on behalf of the
Community.

(1) OJ C 226, 20. 7. 1998.

The President of the Council is authorised to sign the
instrument of accession in order to bind the Community
and to notify the Executive Director of the Science and
Technology Centre and the other parties to the Agree-
ment thereof.

The texts of the instrument of accession, of the Agree-
ment, including the Protocol, and of the declaraction are
attached to this Regulation.

Article 3

The European Communities shall be represented on
1.
the Governing Board of
the Science and Technology
Centre in Ukraine (hereinafter referred to as ‘the Centre’)
by the Presidency of the Council and by the Commission,
which shall each appoint one representative to serve as
the board members for the European Communities.

The Commission shall be generally responsible for

2.
the management of matters concerning the Centre.

The Council shall be kept fully informed, in good time
before meetings of the Governing Board of the Centre,
concerning the matters to be discussed at such meetings
and the Commission’s intentions in this regard.

Without prejudice to paragraph 3, the Commission shall
represent the European Communities and express their
position in the Governing Board.

3.
For matters falling under Article III(vi), Articles V
and XIII of the Agreement, the European Communities’
position shall be determined by the Council
and
expressed as a general rule by the presidency, unless
otherwise decided by the Council.

For matters falling under Article IVB(i) and (v) and
Article IVD, the European Communities’ position shall
be determined by the Council and expressed as a general
rule by the Commission, unless otherwise decided by the
Council, and more particularly in areas where experience
and expertise are to be found chiefly in the Member
States.

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4.
The Council shall act by qualified majority when it
determines the European Communities’ position pursuant
to paragrpah 3. It shall act by simple majority when de-
ciding that, contrary to the general rule as laid down in
paragraph 3, the European Communities’ position shall
not be expressed by the presidency or by the Commis-
sion, respectively.

5. Decisions on projects financed or co-financed by the
European Communities will be taken pursuant to, and in
accordance with the procedure laid down in Article 8 of
Regulation (Euratom, EC) No 1279/96 (1) or any successor
thereof.

Article 4

The Centre shall have legal personality and enjoy the
most extensive legal capacity accorded to legal persons
under laws applicable in the Community, and, in par-
ticular, may contract, acquire or dispose of movable and
immovable property and be a party to legal proceedings.

Article 5

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, 30 July 1998.

For the Council

The President

W. SCH(cid:154)SSEL

(1) OJ L 165, 4. 7. 1996, p. 1.