CELEX: 51976PC0125
Language: en
Date: 1976-04-02
Title: Draft COUNCIL DECISION instructing the Commission to negotiate an agreement for co-operation between the European Atomic Energy Community and Switzerland in the field of controlled thermonuclear fusion and plasma physics (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 125
Vol. 1976/0040
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF TSE EU11GPEAM OCMMUMTIES
                              COM(76)125 final
                              Brussels , 2 April 1976
                           Draft
                     COUNCIL DECISION
        instructing the Commission to negotiate an
        agreement for co-operation between the
        European Atomic Energy Community and
        Switzerland in the field of controlled
        thermonuclear fusion and plasma physics
         ( submitted to the Council by the Commission )
 ---pagebreak---           COMMUNICATION F'TCM TFS COkMISSION 'TO THE COUNCIL
ubject : Request from the Swiss Government to open negotiations
          with the Community with the aim of concluding an agree­
          ment for co-operation on research in the field of con­
          trolled thermonuclear fusion and plasma physics
.   Whenj on 17 and 18 December 1973 , the Council approved the
  revised version of the European Atonic Energy Community 's five-
  year research and training programme in the field of controlled
  thermonuclear fusion and plasma physics , the following declar­
  ation was made , which was recorded in the minutes of the meeting
  and was announced in a press communique :
    " The Council is willing to take an open and positive attitude
  to cnj requests for participation in the present programme from
  non-member countries , in particular European countries ".
•   The Commission has negotiated , on instructions of the Council
  adopted on November 12 , 197 ^, a co-operation agreement with Sweden
  in the field of controlled thermonuclear -fusion and plasma physics .
  The draft agreement , result of these negotiations , has been approv­
  ed by the Council ("A" point ) at its session of 10/11 November 1975
.   On October 1 ^ f 1975 » His Excellency Ambassador Mr. Claude CAILLAT
  Head of the Swiss Mission to the European Communities , informed
  the Commission of his Government 's decision to request that nego­
  tiations be opened with the Etiropean Community with the aim of
  concluding an agreement for co-operation in research on .controlled
  thermonuclear fusion and plasma physics . The primary aim of the
  Swiss request is to become associate with the EAEC programme in
  this branch of research'.
    His Excellency the Swiss Ambassador delivered to the Commission
  the enclosed aide-memoire ( Annex I ) which the Commission forwarded
  to the Council on 27 October 1975 ( SEC ( 75)3^2 ) •
 ---pagebreak---                                   - 2 -                 χ
v.     The Commission believes that it is in the Community 's interest
    to enter into the proposed negotiation with the Swiss Government .
    Although her research programme in this field, is necessarily li­
    mited , Switzerland has a good centra for research in plasma
    physics and , moreover , possesses technological know-how which is
    likely to be very useful in the future for the continuation of
    the Community 's joint research programme .
       The negotiations will be conducted in close collaboration with
    the Community 's associates .
6.   . In conclusion , the Commission herewith forwards to the Council ,
  . as Annex II 'i    to this communication ^ a draft decision contain­
    ing directives for the negotiation of an 'agreement for co-operation
    between the European Atonic Energy Community rnd Switzerland con­
    cerning research in the field of controlled thermonuclear fusion
    and plasma physics .
       The text of the draft decision of the Council ,- attached to this
    document (.Annex ...  J.   is identical with the text of the ins­
    tructions adopted by the Council for the negotiation of the co­
    operation agreement with Sweden ( cf . - point 2 above ).
 ---pagebreak---                            DRAFT COUNCIL DECISION
                 INSTR U CTING '•.To , O/'XiSION TO 1 :>3QTIAT3
                  A N AGREEMENT FOR CO-OFERATION BETWEEN
                  THE EUROPEAN ATOMIC ENERGY COMMUNITY
              ' AND SWITZERLAND IN THE FIELD OF CONTROLLED
                 THERMONUCLEAR FUSION AND PLASMA PHYSICS
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Atomic Energy
Community , and in particular the second paragraph of Article 101
thereof ;
Having regard to the proposal from the Commission ;
Whereas by its - Decisions of 21 June 1571 1        May ?.nd 17 December 1973
the Council adopted a 5-year research and training programme for the
European Atomic Energy Community in the field of fusion and plasma
physics ;
Whereas the Commission transmitted to the Council , on July 1975 * a
proposition for a fourth 5-year programme in this field , covering
the period 1976-1980 and ensuring the long term continuity of the
Community 's programme .
Whereas , when the Decision concerning the programme was taken on
17 December 1973 » the Council declared its willingness to take an
open and positive attitude towards any requests from non-member
countries , in particular European oountries , to participate in the
programme ;
Whereas , bearing in mind the effort which is still required to reach
the application stage of controlled thermonuclear fusion ,, steps should
be taken to institute all such co-operation with non-member States ,
selected in ;®rticular for the value of their research programmes in
this field , as may avoid unnecessary duplication of effort and
accelerate progress of Community programmes in this field .
 ---pagebreak---                                  - 2 -
Whereas the Community might benefit in the long term from the appli­
cation of controlled thermonuclear fusion " to meet its energy require­
ments ;
Having taken note of the aide-memoire which the Swiss Government sent
to the Commission on 9 October . 1975 proposing the opening of nego­
tiations with the European Communities with' a view to concluding an
agreement for co-operation in research in the field of controlled
thermonuclear fusion ,
HAS DECIDED AS FOLLOWS s
1.   The Commission will , on the basis of the second paragraph of
   Article 101 of the Treaty establishing the European Atomic Energy
   Community , negotiate with the Swiss Government an agreement for
   co-cperation between the Community and Switzerland concerning
   research into controlled thermonuclear fusion and plasma physics .
   The agreement ifill establish 'the framework and set the general
   conditions for the fullest possible participation by Switzerland
   in the joint Community . research and training programme in the
   above-mentioned field . The agreement will ensure that , as far as
   is appropriate , the co-operation includes all Swiss activity in
   the field of controlled thermonuclear fusion . The Commission will
   conduct negotiations in close collaboration with the Member States
   research bodies associated in the programme.. The agreement . will
   provide for the conclusion of one or more, contracts of association
   between the Community and Swiss research bodies -, on the basis of
   the aims of the co-operation . '
2.   The rights and obligations , as a whole , resulting from the agree
   ment and the contracts of association concluded pursuant thereto ,
   particularly in respect of financial matters , must not have the
   effect of putting Switzerland in a more favourable situation than
   that of the Member States#
     Switzerland 's financial contribution will be established on the
   basis of its gross national product , as compared with that of the
   Community .
                                                                  •/ # • •
 ---pagebreak--- ?•   The agreement will be ne^otiatacl in such a way that Swiss 's
   participation in the joint i roerac.nse does not in any way hinder
   the normal functioning of the Community decision making machinery
   as regards the joint programme on fusion and plasma physics .
k.   The agreement will contain the provisions necessary to allow
   Switzerland to assert her legitimate interests at a sufficiently
   early stage . Provision will be made for adequate Swiss partici­
   pation at all levels of the advisory technical committees involved
   in the joint programme .
     Moreover , the contracting parties will , at the request of either
   side , meet from time to time at the appropriate level to discuss
   the general operation of the agreement anl study any measures
   likely to improve the co-operation procedure within the framework
   of the agreement .
5*   The agreement will contain clauses relating to the system of
   patents and information in accordance with the principle set out
   in the first paragraph of point 2 of these instructions and with
   the Community 's policy in this regard .
     With this in mind and in accordance with procedures to be drawn
   up subsequently , all the parties and all the research bodies con­
   cerned must make available to each other all such information and
   patents in their possession as may be required for the achievement
   of the objectives of the agreement .
6.   The agreement will bo concluded for the duration of the Commun­
   ity programme which is to be determined by the Council and , unless
   notice is served six months before this period expires , will be
   tacitly extended in keeping with any subsequent programme deci­
   sions which the Council may take on the matter .
     The contracting parties will also be able to terminate the agree
   ment by giving six months' notice , particularly in the event of
   the research programmes of either of the two parties no longer
   being pursued in the field covered by the agreement .
 ---pagebreak---     CiïISS MISSION
        ÏO r ! Ii J
sunopEAW COMILÏÏNIÏISS
                                                         ΑΓΝΕΧ I
   The Swiss Mission to the European' Communities presents its compliments
   to the Commission of the European Communities and is pleased to notify
   it of the -following information :
   When on 17 December 1973 the decision was taken concerning the EAEC
   five-year research and training programme , the Council of the European
   Communities stated that it was prepared to give full and careful con­
   sideration to any requests from non-member countries to participate
   in this programme . The Swiss authorities were very interested to learn
   of this attitude on the part of the Council .
   In order to clarify the possibilities for collaboration between
   Switzerland and the EAEC in this field , meetings have taken place
   between experts at the Plasma Physics Research Centre in Lausanne and
   at the Cormission headquarters . Since the results of these discussions
   proved to be very encouraging , the Federal Council has authorized a
   delegation to negotiate a framework Treaty with the EAEC concerning
   participation by Switzerland in the research programme on controlled
   thermonuclear fusion and plasma physics .
   The aim of these negotiations would be to work out a draft agreement
   governing the general conditions for participation by Switzerland in
   the above-mentioned EAEC programme . This draft agreement should enable
   the Swiss Government and the Commission of the European Communities
   to take a final decision in full knowledge of all the scientific ,
   financial , legal and political implications which might arise from
   Swiss-EAEC collaboration in this field .
   Commission of the European Communities
   Brussels
 ---pagebreak---                                 - 2 -
The Swiss Mission therefore proposes to the Commission that negotia­
tions be started with a view to drawing up such a draft agreement .
The Sr/iss Mission to tho European Communities would like to take this
opportunity to express once again to the Commission of the European
Communities the assurance of its highest consideration *
Brussels , 9 October i975 »