Source: EURLEX
Language: en
Format: md

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**COMMISSION** **OF THE** **EtŒlOPEAN** **COMMUNITIES**

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

Proposal f o r a

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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**

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                   Proposal for a

                  COUNCIL DECISION

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**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**

**(presented** **by the** **Commission)**

**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 European Atomic Energy Community and European Economic Community - on 27
November 1992 at Moscow.

While the United States of America, Japan, the European Community for
Atomic Energy and the European Economic Community had already completed their respective internal approval procedures regarding the 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 expected to take several months.

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 Center 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

Article 3 and 4 of Regulation (EEC) No 3955/92» shall apply.

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**_

_***,**_

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         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 1993, in the English and
Russian languages, each text being equally authentic.

For:

The European Atomic Energy community and the European
Community

The United States of America

Japan

The Russian Federation

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ISSN 0254-1475

**COM** **(93) 644 final**

# **DOCUMENTS**

###### E N 11 12 15 Catalogue number : CB-CO-93-690-EN-C ISBN 92-77-62572-4

Office for Official Publications of the European Communities

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