Recommendation for a COUNCIL DECISION authorising the opening of negotiations on an agreement for scientific and technological cooperation between the European Atomic Energy Community of the one part, and the Swiss Confederation, of the other part, associating the Swiss Confederation to the Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2012-2013)
Date: 2012-02-28
Institutions: Directorate-General for Research and Innovation, European Commission
Subjects: EAEC, Framework Programme for Research and Development, Switzerland, cooperation agreement (EU), negotiation of an agreement (EU), nuclear energy, nuclear research, scientific cooperation

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EUROPEAN 
COMMISSION 

Brussels, 28.2.2012  
COM(2012) 67 final 

This document was downgraded/declassified 
Date : 25.08.2017 
By : K. Vandenberghe 
Authority : DG RTD 

Recommendation for a 

COUNCIL DECISION 

authorising the opening of negotiations on an agreement for scientific and technological 
cooperation between the European Atomic Energy Community of the one part, and the 
Swiss Confederation, of the other part, associating the Swiss Confederation to the 
Framework Programme of the European Atomic Energy Community (Euratom) for 
nuclear research and training activities (2012-2013) 

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EXPLANATORY MEMORANDUM 

By letter of 14 March 2011 Switzerland expressed its interest to become associated 
to  the  Framework  Programme  of  the  European  Atomic  Energy  Community  for 
nuclear research and training activities (2012-2013)1. 

The  Swiss  Confederation  (hereafter  Switzerland)  has  been  associated  to  the  fusion 
thematic area of the Euratom framework programmes since 1979 on the basis of the 
Cooperation Agreement  between  the  European Atomic Energy Community and  the 
Swiss  Confederation  in  the  field  of  controlled  thermonuclear  fusion  and  plasma 
physics of 19782. 

On  8  January  1986,  the  Council  and  the  Commission  concluded  a  Framework 
the  European 
Agreement  for  scientific  and 
Community  and 
the  Swiss 
Confederation  (hereafter  Framework  Agreement)3.  Article  6  of  the  Framework 
Agreement  states  that  scientific  and  technical  co-operation  is  to  be  carried  out 
through appropriate agreements.  

the  European  Atomic  Energy  Community  and 

technical  cooperation  between 

Switzerland  became  associated  to  the  Seventh  Framework  Programme  of  the 
European  Atomic  Energy  Community  (Euratom)  on  nuclear  research  and  training 
activities  (2007-2011)4  on  the  basis  of  a  scientific  and  technological  cooperation 
agreement which was signed on 25 June 2007, with effect from 1 January 2007. This 
agreement was without prejudice to the terms of the Cooperation Agreement between 
the Swiss Confederation and the European Atomic Energy Community in the field of 
controlled thermonuclear fusion and plasma physics of 1978. 

On  7  March  2011,  the  Commission  submitted  a  proposal  on  a  legislative  package 
concerning the Framework Programme of the European Atomic Energy Community 
(Euratom) for nuclear research and training activities (2012-2013)5. 

With respect to the Euratom energy research activities, exploratory discussions have 
taken  place  to  identify  the  research  potential  and  mutual  interest  in  associating 
Switzerland to the Euratom research framework programme (2012-2013). 

In  the  light  of  the  above,  the  Commission  recommends  that  the  Council  authorises 
the  Commission  to  negotiate,  in  accordance  with  Article  101,  paragraph  2  of  the 
Euratom  Treaty,  with  the  Swiss  Confederation  the  agreement  for  scientific  and 
technological cooperation between the European Atomic Energy Community, of the 
one  part,  and  the  Swiss  Confederation,  of  the  other  part,  associating  the  Swiss 
Confederation  to  the  Framework  Programme  of  the  European  Atomic  Energy 
Community (Euratom) for nuclear research and training activities (2012-2013).  

OJ L ….. 
OJ L 242 04.09.1978, p.2 
OJ L 313 22.11.1985, p. 6 
Council Decision 2006/970/Euratom OJ L 400, 30.12.2006, p. 60 
COM(2011)71, COM(2011)72, COM(2011)73, COM(2011)74 

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Recommendation for a 

COUNCIL DECISION 

authorising the opening of negotiations on an agreement for scientific and technological 
cooperation between the European Atomic Energy Community of the one part, and the 
Swiss Confederation, of the other part, associating the Swiss Confederation to the 
Framework Programme of the European Atomic Energy Community (Euratom) for 
nuclear research and training activities (2012-2013) 

THE COUNCIL OF THE EUROPEAN UNION 

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

Having regard to Council Decision of 19 December 2011 concerning the Framework 
Programme  of  the  European  Atomic  Energy  Community  for  nuclear  research  and 
training activities (2012 - 2013)6; 

Having  regard  to  Council  Decision  of  19  December  2011  concerning  the  specific 
programme,  to  be  carried  out  by  means  of  indirect  actions,  implementing  the 
Framework  Programme  of  the  European  Atomic  Energy  Community  for  nuclear 
research and training activities (2012 - 2013)7; 

Having  regard  to  Council  Decision  of  19  December  2011  concerning  the  specific 
programme,  to  be  carried  out  by  means  of  direct  actions  by  the  Joint  Research 
Centre,  implementing  the  Framework  Programme  of  the  European  Atomic  Energy 
Community for nuclear research and training activities (2012 - 2013)8; 

Having regard to Council Regulation of 19 December 2011 laying down the rules for 
the participation of undertakings, research centres and universities in indirect actions 
under the Framework  Programme of  the European Atomic Energy Community  and 
for the dissemination of research results (2012 - 2013)9; 

Having regard to the recommendation from the Commission; 

WHEREAS 

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Ref. Council 17503/11 – to be published in the OJ 
Ref. Council 17504/11 – to be published in the OJ 
Ref. Council 17505/11 – to be published in the OJ 
Ref. Council 17506/11 – to be published in the OJ 

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(1)  The  Swiss  Confederation  expressed  its  interest  to  become  associated  to  the 
Framework  Programme  of  the  European  Atomic  Energy  Community  on 
nuclear research and training activities (2012 - 2013); 

(2) 

It is in the interest of the Community to associate the Swiss Confederation to 
the  Framework  Programme  of  the  European  Atomic  Energy  Community  for 
nuclear research and training activities (2012-2013); 

HAS ADOPTED THIS DECISION: 

Article 1 

The Commission is hereby authorised to negotiate on behalf of the European Atomic 
Energy  Community  an  agreement  for  scientific  and  technological  cooperation 
between  the  European  Atomic  Energy  Community  of  the  one  part,  and  the  Swiss 
Confederation,  of  the  other  part,  associating  the  Swiss  Confederation  to  the 
Framework  Programme  of  the  European  Atomic  Energy  Community  for  nuclear 
research and training activities (2012-2013).  

Article 2 

The negotiations shall be conducted on the basis of the negotiating directives set out 
in the Annex. 

Article 3 

The  Commission  shall  keep  the  Council  informed  of  the  state  of  progress  of  the 
negotiations. 

This decision is addressed to the Commission. 

Article 4 

Done at Brussels, 

For the Council 
The President 

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ANNEX  

NEGOTIATING DIRECTIVES 

1. The agreement for scientific and technological cooperation between the European Atomic 
Energy Community (hereinafter "Euratom"), of the one part, and the Swiss Confederation, of 
the  other  part  (hereinafter  "the  Agreement"),  will  provide  for  association  of  the  Swiss 
Confederation  to  the  whole  of  the  Framework  programme  of  Euratom  for  nuclear  research 
and  training  activities  (2012-2013)10,  without  prejudice  to  the  terms  of  the  1978  Fusion 
Agreement. 

2. In order to allow the Swiss Confederation to participate, as soon as possible, in the whole 
Euratom Framework Programme as an associated country, the Agreement should provide for 
provisional  and  retroactive  application  as  of  1  January  2012.  The  Agreement  will  contain  a 
provision  concerning  reimbursement  of  funds  and  legal  consequences  for  projects  and 
activities  in  progress  started  during  the  provisional  application,  in  the  event  of  lack  of 
conclusion by one of the sides.  

3. The terms  and  conditions  of the Agreement with regard to the protection of the financial 
interests  of  Euratom  should  be  fully  in  line  with  the  provisions  for  the  protection  of  the 
financial  interests  of  the  EU  set  out  in  the  Agreement  on  scientific  and  technological 
cooperation between the European Community and the European Atomic Energy Community, 
of the one part, and the Swiss Confederation, of the other part11. 

4. The terms and conditions of the Agreement will be coherent with Council Regulation of 19 
December 2011 laying down the Rules for Participation of undertakings, research centres and 
universities  in  indirect  actions  under  the  Framework  Programme  of  the  European  Atomic 
Energy Community and for the dissemination of research results (2012-2013)12. 

5. The Agreement should provide for adequate protection of the financial interests of Euratom 
covering the communication of financial data, audits and administrative anti-fraud on-the-spot 
investigations, administrative assistance and the recovery of money. Insofar as necessary, the 
Agreement  should  also  envisage  elimination  of  obstacles  in  relation  to  taxation  and  social 
security resulting from the cross-border participation of researchers in research projects under 
the Agreement, in particular for the personnel of the Joint Research Centre governed by the 
staff regulations of the European Union. 

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Ref. Council 17503/11 – to be published in the OJ 
OJ L 189, 20.07.2007, p.24-39 
Ref. Council 17506/11 – to be published in the OJ 

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