CELEX: 51980PC0350
Language: en
Date: 1980-06-18
Title: Draft COUNCIL DECISION (EAEC) approving the conclusion by the Commission of an agreement for cooperation in the field of controlled thermonuclear fusion between the European Atomic Energy Community and Spain (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 350
Vol. 1980/0127
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(80 ) 350 final
                                                Brussels - 18 June 1980
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                                         Draft^
                           COUNCIL DECISION ( EAEC )
           approving the conclusion by the Commission of an
           agreement for cooperation in the field of controlled
           thermonuclear fusion between the European Atomic
                          Energy Community and Spain
                ( submitted to the Council by the Commission )
 C0MC80 ) 350 final
 ---pagebreak---                       COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
 SUBJECT : Agreement for cooperation in the field of controlled thermal
             nuclrar fusion between the European Atomic Energy Community
             and Spain
             On the basis of article 101 , paragraph 2 , of the Euratom Treaty ,
 the Commission has negotiated the Agreement under reference , the text of
 which is appended , to this Communication .
             By the terms of this Agreement , Spain will be a party to the
 contract for the promotion of staff mobility concluded by the Commission
 and its associates in the field of controlled thermal nuclear fusion .
              Spain 's contribution to the Euratom staff mobility fund will be
^calculated annually on the basis of the ratio between the; gross domestic
 product of Spain and that of the Community ~ plus Spain .
              Article IV contains the clauses relating to the rules governing
  information and patents ; these clauses are in conformity with the Commu­
 nity 's policy in this field . .
              The Agreement makes provision ( Article V )- for the setting-up of
  a " Euratom / Spain Committee " to ensure that the Agreement is properly im­
  plemented .
              Finally , the duration of the Agreement has been established as
  three years and is subject to a repudiation clause requiring six months
  notice .
                                                                     4
              Accordingly , the Commission forwards to the Council the attached
   draft decision approving the conclusion of the Agreement by the Commission
   Annexes
 ---pagebreak---                                Draft
                     Council Decision < EAEC )
      approving the conclusion by the Commission of an agreement
        for cooperation in the field of controlled thermonuclear
     fusion between the European Atomic Energy Community and Spain
             The Council of the European Communities ,
              Having regard to the Treaty establishing the European Atomic
Energy Community , and in particular the second paragraphe of article 101
thereof,                                          ?
              Having regard to the draft of the Commission ;
              Whereas the Commission, in accordance with the instructions
from the Council , has negotiated an agreement for cooperation with Spain
in the field of controlled thermonuclear fusion ,
              Whereas it is consequently necessary to approve the conclusion
of this agreement by the Commission,
HAS DECIDED AS FOLLOWS :
                           Sole article
The conclusion by the Commission of the agreement for cooperation between
 the European Atomic Energy Community and Spain , the text of which        '
 is appended to this Decision, is hereby approved .
   Done at Brussels ,                          For the Council ,
                                                 The President
 ---pagebreak---                 AGREEMENT FOR COOPERATION
   BETWEEN THE EUROPEAN ATOMIC ENERGY . COMMUNITY
                AND THE KINGDOM OF SPAIN
IN THE . FIELD OF CONTROLLED THERMAL NUCLEAR FUSION
 ---pagebreak---                                                                    2.
THE EUROPEAN ATOMIC ENERGY COMMUNITY /
hereinafter called VEuratom", represented by the Commission of the
European Communities / hereinafter called the " Commission "/
AND THE KINGDOM OF SPAIN /                                                    ,
hereinafter called " Spain "/ represented by the Spanish Government /
WHEREAS since 1959 Eurato-m has / as part of a joint long-term programme
in the field of controlled nuclear fusion , been implementing multiannual
research and training programmes executed/ inter alia / by means of con­
tracts of association and of a staff mobility contract / the most recent
being the fifth multiannual programme covering the 1979-1983 period and
comprising the execution of the JET Project / assigned to the JET Joint
                                                                            \
Undertaking ;
WHEREAS Spain, haying applied for membership of the European Communities /
wishes to cooperate with the Community programme for the purpose of deve­
 loping its own programme in the field of controlled thermal nuclear fusion
 by becoming a party to the staff mobility contract concluded by the Com­
 mission and its associates in this field    ;
 WHEREAS this cooperation will enable Spain , on the one hand , to send its
 scientific personnel to work in the laboratories of the Commission and its
 associates and on the other hand, to invite scientists from these labo­
 ratories to Spain for the purpose of developing and implementing a pro­
 gramme compatible with that of the Community with a view to a wider asso­
 ciation, particularly in the event of accession by Spain to the Community ;
 WHEREAS such participation 5s in the interests of the Community and of .
 Spain ;
 HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                                                            3.
                                     ARTICLE I
   The purpose of this Agreement is to establish cooperation between the
    Euratom Programme and the programme of Spain in the field of controlled
    thermonuclear fusion by setting up an exchange of scientists from the
   Commission and its associates and from Spain, through participation by
    Spain in the contract for the promotion of staff mobility concluded by
    the Commission and its associates , for the purpose of orienting and
    developing tjie Spanish programme to ensure its compatibility with that
                                                                            «
    of Euratom. with a view to more extensive association, particularly in
    the event of accession by . Spain to the Community .                           v
   -Euratom shall make arrangements to ensure that , as soon as this Agreement
    enters into force , Spain becomes a party to the contract for the promotion
    of staff mobility , referred to in the first paragraph of this Article, which
^ will be signed by . the junta de Energia Nuclear .
                                     ARTICLE II
                                                                            I
    By the terms of this Agreement , the financial contribution of Spain to
 , the Euratom Programme shall be fixed annually at an amount such that the
     ratio between that amount and that of the financial contribution of Eura­
     tom to the contract for the promotion of staff mobility corresponds to
     the ratio that exists between the Euratom gross domestic product and that
     of Spain during the antepenultimate year .
     At the beginning of each year, the Commission shall inform Spain of the
     amount laid down for the expenditure relating to the contract for the pro­
     motion of staff mobility for the year in question . Spain shall pay the
      Commission the amount due on the basis of this Article .               i
                                                                             Ï
                                      ARTICLE III              *-        *
      Officials and other servants of the Commission who are subject to Community
      tax; on salaries wages , and emoluments paid by the Communities and who par­
      ticipate in Spain in the activities referred to in this Agreement shall be
      exempt from national taxes on salaries wages , and emoluments .-
 ---pagebreak---                                  ARTICLE IV
The information and inventions developed by staff belonging to a Spanish
body who have been seconded to an associate of the Commission shall be sub­
ject to the system laid down in the contract ot association of the asso­
ciate , it being understood that the Spanish body shall have the same rights
in respect of such information as those enjoyed by the Commission pursuant
to the said contract .
The Spanish body shall enjoy a free , non-exclusive and irrevocable right
of use for its own requirements in respect of the patents registered or
obtained by the host assopiate in accordance with the provisions of the
previous paragraph' , this right of use covering research , work and orders
undertaken by third parties for its account .
With regard to information and inventions developed by staff belonging to
an associate of the Commission who have been seconded to a Spanish body ,
that body shall grant the Commission and the associate in question rights
identical to those which the two last-mentioned would have enjoyed if the
Commission had concluded a similar contract of association with the Spa­
nish body .
                                 ARTICLE V
A mixed committee called     Euratom / Spain Fusion Committee shall be set up
 and shall comprise representatives of the Commission and of Spain .
The Euratom / Spain Fusion Committee shall be responsible for the proper
 implementation of the Agreement . It shall study all measures likely to
 improve cooperation within the framework of the Agreement .
 The Euratom / Spain Fusion Committee shall adopt its own rules of procedure .
 The Chair shall be occupied alternately by a representative of each of       l
 the* contracting parties , in conformity with the rules of procedure of   ,    .
 the Euratom / Spain Fusion Committee .
 The Euratom / Spain Fusion Committee shall meet at the request of either
 of the contracting parties and at least once per year .
 ---pagebreak---                                                                  5.
                              ARTICLE VI
This Agreement shall be approved by the contracting parties in accordance
with their own procedures . It shall enter into force as soon as the parties
thereto have informed each other that the procedure to be followed in this
regard has been properly completed .
This Agreement shall be concluded for a period limited to three years .
Each contracting party may -terminate the Agreement at any time by giving
six months * notice .                  % •
 ---pagebreak---                                                                               V.' •
                         FINANCIAL RECORD SHEET
                                 .                 '                      ' (
SPAIN 'S FINANCIAL CONTRIBUTION
Article II of the Agreement for cooperation lays down that Spain 's finan­
cial contribution to the Euratom Programme shall be established annually
at an amount such that the ratio between that amount and that of Euratoms'
financial contribution to the contract for the promotion of staff mobility
corresponds to the ratio between the Community 's gross domestic product
and that of Spain during the antepenultimate year .
- According to information from the Statistical Office / the Community 's
  gross domestic product in 1978 amounted to 1.554.665 million EUA and
  that of Spain to 115.738 million EUA .
                                                                       I5
- The ratio is thus    /              115.738        _  ,
                               1.554.665 + 115.738
                                                        6,93 %
- Under the fifth-year ( 1979-1983 ) programme , the Commission 's expenditure
   in respect of the mobility contract may be estimated at about 200.000 EUA
   per year .        '
- Spain 's contribution will therefore be about 14.000 UA per year . .