Proposal for a Council Decision concerning the accession by the Republic of Moldova 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: 2004-10-18
Institutions: European Commission
Subjects: Moldova, Ukraine, accession to an agreement, applied research, international agreement, research body, scientific research

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.10.2004 
COM(2004) 670 final 

Proposal for a 

COUNCIL DECISION 

concerning the accession by the Republic of Moldova 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 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

On  25  October  1993,  Canada,  Sweden,  Ukraine  and  the  United  States  of  America 
concluded  the  Agreement  to  establish  a  science  and  technology  centre  in  Ukraine 
(hereinafter “the Agreement”). 

Through  Council  Regulation  No  1766/98/EC  and  Commission  Regulation  No 
2387/98/EURATOM,  the  European  Community  and  the  European  Atomic  Energy 
Community  (hereinafter  “the  Communities”),  acting  as  one  party,  acceded  to  the 
abovementioned Agreement. 

The  International  Science  and  Technology  Centre  in  Ukraine  (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 
are  to  give  weapons  scientists  and  engineers,  particularly  those  who  possess 
knowledge  and  skills  related  to  weapons  of  mass  destruction  or  missile  delivery 
systems,  in  Ukraine  and  other  CIS  States,  opportunities  to  redirect  their  talents  to 
peaceful activities and contribute to the solution of national or international technical 
problems  and  to  the  wider  goals  of  the  transition  to  a  market-based  economy 
responsive to civil needs. 

On 12 February 2004, the Republic of Moldova deposited with the Secretariat of the 
Centre  the  instrument  of  accession  by  Moldova  to  the  Agreement  to  establish  the 
Centre. In accordance with Article XIII of the Agreement, it is the responsibility of 
the Governing Board of the Centre to approve this accession. 

Accession  by  the  Republic  of  Moldova  is  in  accordance  with  the  objectives  of  the 
Agreement,  as  set  out  in  Article  II  thereof  and,  in  particular,  the  main  objective  of 
redirecting  the  talents  of  researchers  of  the  countries  of  the  former  Soviet  Union 
possessing knowledge and skills related to weapons of mass destruction. Accession 
by the Republic of Moldova is in line with the concern of the parties to increase the 
number  of  countries  of  the  former  Soviet  Union  within  the  STCU  in  a  period 
including  the  transition  to  a  market-based  economy,  the  development  of  the 
disarmament process and the redirection of military-industrial and technical potential 
to civil purposes. 

In  accordance  with  Article  3(3)  of  Council  Regulation  No  1766/98/EC,  for  matters 
falling under Article XIII of the Agreement, the position of the Communities shall be 
determined by the Council and expressed as a general rule by the Presidency. 

7. 

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

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should  approve,  on  behalf  of  the  Communities,  accession  by  the  Republic  of 
Moldova  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, 

should authorise the Presidency of the Council to express this approval within 
the Governing Board of the Centre. 

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Proposal for a 

COUNCIL DECISION 

concerning the accession by the Republic of Moldova 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, 

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  1766/98/EC  of  30  July  19981  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 science in Ukraine, of 
25 October 1993, between Canada, Sweden, Ukraine and the United States of America2, and 
in particular Article 3(1)(3) and (4) thereof, 

Having  regard  to  Commission  Regulation  No  2387/98/EURATOM3  of  3  November  1998 
concerning  the  accession  by  the  European  Atomic  Energy  Community  and  the  European 
Community, acting as one party, to an Agreement having established in 1993 a science and 
technology  centre  in  Ukraine  between  Canada,  Sweden,  Ukraine  and  the  United  States  of 
America, and in particular Article 2 thereof, 

Having regard to the proposal from the Commission,4 

Whereas: 

(1) 

(2) 

On  25  October  1993,  Canada,  Sweden,  Ukraine  and  the  United  States  of  America 
concluded  the  Agreement  to  establish  a  science  and  technology  centre  in  Ukraine 
(hereinafter “the Agreement”). 

Through  Council  Regulation  No  1766/98/EC  and  Commission  Regulation  No 
2387/98/EURATOM,  the  European  Community  and  the  European  Atomic  Energy 
Community  (hereinafter  “the  Communities”),  acting  as  one  party,  acceded  to  the 
abovementioned Agreement. 

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4 

OJ L 225, 12.8.1998, p. 2. 
OJ L 225, 12.8.1998, p. 5. 
OJ L 297, 6.11.1998, p.4. 
OJ C , , p. . 

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(3) 

(4) 

On 12 February 2004, the Republic of Moldova deposited with the Secretariat of the 
Centre  the  instrument  of  accession  by  Moldova  to  the  Agreement  to  establish  the 
Centre. In accordance with Article XIII of the Agreement, it is the responsibility of the 
Governing Board of the Centre to approve this accession. 

The  Communities  are  represented  on  the  Governing  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 determined by 
the Council and expressed as a general rule by the Presidency,  

HAS DECIDED AS FOLLOWS: 

Article 1 

The  accession  of  the  Republic  of  Moldova  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, is hereby approved on behalf of the Communities. 

Article 2 

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

Done at Brussels,  

For the Council 
The President 

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