Proposal for a Decision of the Council and of the Commission on the position to be taken by the Communities in the Governing Board of the International Science and Technology Centre as regards the accession of the Swiss Confederation to the Agreement establishing an International Science and Technology Centre, concluded between the United States of America, Japan, the Russian Federation and, acting as one Party, the European Atomic Energy Community and the European Economic Community
Date: 2007-07-31
Institutions: European Commission
Subjects: European Community, Switzerland, accession to an agreement, applied research, board of directors, international agreement, international organisation, research body, scientific research, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 31.7.2007 
COM(2007) 457 final 

Proposal for a 

DECISION OF THE COUNCIL AND OF THE COMMISSION  

on the position to be taken by the Communities in the Governing Board of the 
International Science and Technology Centre as regards the accession of the Swiss 
Confederation to the Agreement establishing an International Science and Technology 
Centre, concluded between the United States of America, Japan, the Russian Federation 
and, acting as one Party, the European Atomic Energy Community and the European 
Economic Community 

(presented by the Commission) 

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4. 

5. 

EXPLANATORY MEMORANDUM 

On  27  November  1992,  the  European  Economic  Community  and  the  European 
Atomic  Energy  Community,  acting  as  one  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  (EEC)  No  3955/92  and  Commission  Regulation  (Euratom)  No  3956/92 
of  21  December  1992.  In  2004,  Canada  joined  ISTC  as  a  full  Governing  Board 
member. 

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 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 Russia 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 27 February 2007, the Swiss Confederation notified the Governing Board of the 
Centre  of  its  intention  to  become  a  Party  to  the  Agreement.  It  expressed  its  will  to 
support the Centre's effort aimed at the non-proliferation of expertise and knowledge 
relating  to  weapons  of  mass  destruction.  For  this  purpose,  it  stated  its  intention  to 
the  Swiss  scientific 
favour  collaborative  projects  and  synergies  between 
communities,  in  particular  the  Federal  Polytechnic  Schools,  and  the  network  of 
Recipient  institutes  and  partner  organisations  from  all  Parties  to  the  Agreement. 
Projects  involving  Swiss  organisations  would  serve  peaceful  and  civilian  research 
objectives, in various scientific fields.  

The  accession  of  the  Swiss  Confederation  will  further  promote  the  Centre's 
objectives  and  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. 

In  accordance  with  Article  XIII  of  the  Agreement,  it  is  the  responsibility  of  the 
Governing  Board  of  the  Centre  to  approve  this  accession.  Within  the  Board,  the 
representatives  of  the  European  Community  and  the  European  Atomic  Energy 
Community (acting as a single Party) have to approve the accession. Although both 
Communities are considered as a single Party in the framework of this Agreement, 
there  are,  however,  different  procedures  to  follow  in  the  area  of  international 
Agreements under the Treaties establishing each one of the Communities. Therefore, 
in order for the two Communities to express their position in the Centre's Governing 
Board  concerning  Switzerland's  accession,  a  decision  of  the  Council  and  of  the 
Commission is needed. 

6. 

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

–  approves the enclosed draft decision on behalf of the European Community; 

–  authorises  the  representative  of  the  Presidency  of  the  Council  in  the  Centre's 
Governing  Board  to  approve  the  accession  of  the  Swiss  Confederation  to  the 
Agreement establishing the Centre; 

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Proposal for a 

DECISION OF THE COUNCIL AND OF THE COMMISSION  

on the position to be taken by the Communities in the Governing Board of the 
International Science and Technology Centre as regards the accession of the Swiss 
Confederation to the Agreement establishing an International Science and Technology 
Centre, concluded between the United States of America, Japan, the Russian Federation 
and, acting as one Party, the European Atomic Energy Community and the European 
Economic Community 

THE  COUNCIL  OF  THE  EUROPEAN  UNION  AND  THE  COMMISSION  OF  THE 
EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Community, and in particular Article 
300 (2) thereof, 

Having  regard  to  the  Treaty  establishing  the  European  Atomic  Energy  Community,  and  in 
particular Article 101 thereof, 

Having  regard  to  Council  Regulation  (EEC)  No  3955/92  of  21  December  1992  on  the 
conclusion, on behalf of the European Economic Community of an Agreement establishing an 
International  Science  and  Technology  Centre  between  the  United  States  of  America,  Japan, 
the  Russian  Federation  and,  acting  as  one  Party,  the  European  Atomic  Energy  Community 
and the European Economic Community1, and in particular Article 3(1), (3) and (4) thereof, 
and  to  Commission  Regulation  (Euratom)  No  3956/92  of  21  December  1992  on  the 
conclusion  by  the  European  Atomic  Energy  Community  of  an  Agreement  establishing  an 
International  Science  and  Technology  Centre  between  the  United  States  of  America,  Japan, 
the  Russian  Federation,  and,  acting  as  one  Party,  the  European  Atomic  Energy  Community 
and the European Economic Community, and in particular Article 3 thereof2, 
Having regard to the proposal from the Commission3, 

Whereas: 

(1) 

(2) 

(3) 

The  European  Atomic  Energy  Community  and  the  European  Economic  Community, 
acting as one party (hereinafter "the Communities") concluded on 21 December 1992 
the  Agreement  establishing  an  International  Science  and  Technology  Centre 
(hereinafter "the Agreement"), 

On  27  February  2007,  the  Swiss  Confederation  notified  the  Governing  Board  of  the 
International Science and Technology Centre (hereafter "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 
Governing Board of the Centre to approve this accession. 

1 
2 
3 

OJ L 409, 31.12.1992, p.1. 
OJ L 409, 31.12.1992, p.10. 
OJ C XXX, p.X. 

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(4) 

The Communities are represented on the Board of the Centre by the Presidency of the 
Council and by the Commission. 

HAVE DECIDED AS FOLLOWS:  

Article 1 

The  accession  of  the  Swiss  Confederation  to  the  Agreement  establishing  an  International 
Science and Technology Centre, concluded between the United States of America, Japan, the 
Russian  Federation  and,  acting  as  one  Party,  the  European  Atomic  Energy  Community  and 
the European Economic Community, is hereby approved on behalf of the Communities. 

Article 2 

The representatives of the Council Presidency and of the Commission in the Governing Board 
of the International Science and Technology Centre are authorised to approve the accession of 
the Swiss Confederation to the Agreement establishing the Centre. 

Done at Brussels,  

For the Council 
The President 

For the Commission 
The President 

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