CELEX: 51981PC0321
Language: en
Date: 1981-06-30
Title: Draft COUNCIL DECISION (Euratom) giving instructions to the Commission concerning the negotiation of amendments to the Agreements for Cooperation concluded by the European Atomic Energy Community with Sweden and with Switzerland in the field of controlled thermonuclear fusion#Draft COUNCIL DECISION (Euratom) approving the conclusion by the Commission of Protocols amending the AGreements for Cooperation in the field of controlled thermonuclear fusion concluded by the European Atomic Energy Community with Sweden and with Switzerland (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 321
Vol. 1981/0103
 ---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(81)321 final
                                                            Brussels . 30 June 1981
                                   Draft
                           COUNCIL DECISION ( Euratom )
          giving instructions to the Commission concerning the negotiation
          of amendments to the Agreements for Cooperation concluded by the
          European Atomic Energy Community with Sweden and with Switzerland
                   in the field of controlled thermonuclear fusion
                                   Draft
                             COUNCIL DECISION ( Euratom )
          approving the conclusion by the Commission of Protocols amending
          the AGreements for Cooperation in the field of controlled thermo­
          nuclear fusion concluded by the European Atomic Energy Community
          with Sweden and with Switzerland
                   ( submitted to the Council by the Commission )
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C0M(81 ) 321 final
 ---pagebreak---                          COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
SUBJECT : Amendments to the Agreements for cooperation in the field of con­
           trolled thermonuclear fusion concluded by the European Atomic
           Energy Community with Sweden and with Switzerland
a ) In a letter of 19 May 1980 , to the Council , the Commission enclosed a
    communication ( Doc . COMC80 ) 242 final ) proposing a draft decision setting
    up a consultative Committee for the Fusion Programme . This Committee was
    set up by the Council Decision of 16 December 1980 .
b ) Point 3 of the abovementioned communication was worded as follows :
    " 3 . When'the Council has adopted this Decision , the Commission will take
    appropriate action leading to the dissolving of the CCF , the Liaison
    Group and the Committee of Directors . These three Committees betng men­
    tioned in the Agreements for Cooperation in the field of controlled thermo­
    nuclear fusion concluded with Sweden and Switzerland , it might be ne­
    cessary to modify these Agreements in order for them to suit the new
    consultative structure of the fusion programme . In this case,' the Com­
    mission will submit to the Council , for its approval , the alterations "
    agreed with these third countries . "
c ) As the Council raised no objection , the Commission with Sweden and Swit­
    zerland discussed and drew up the amendments which needed to be made to
    the Agreements as a result of the setting-up of the Consultative Committee
    for the Fusion Programme .
d) It took advantage of that opportunity to up-date the Agreements in ques­
    tion, in particular with regard to the introduction of the ECU and the
    impact of the conclusion of the Agreement with Switzerland on the Agree­
    ment with Sweden .
e) Lastly, it appeared opportune to make some minor amendments to the clau­
    ses relating to the dissemination of information and patents . They are
    also included arrsonq the attached amendments .                     y
 ---pagebreak---                                                                      2.
f) In application of Article 101 , alrnea 2 , of the Euratom Treaty , the
   Commission submits to the Council :        ■       '
   1 ) a draft Council Decision giving instructions to the Commission
       concerning the negotiation of these amendments ;
   2 ) a draft Council Decision approving the conclusion by the Commission
       of the two amendments .
 ---pagebreak---                                         D R A F T
                              •   ,                                        S
               /
                                Council Decision      ( Euratom )
              s                                     '
         giving instructions to the Commission concerning the negotiation
         of amendments to the Agreements for Cooperation concluded by the
         European Atomic Energy, Community with Sweden and with Switzerland
         in the field of controlled thermonuclear fusion .
         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 > draft         from the Commission ,
         Whereas the Council , by its Decision of . 16 December 1980 , created
         the Consultative Committee for the Fusion Programme ( CCFP );
         Whereas it is advisable to adapt the Agreements for Cooperation in
         the field of thermonuclear fusion concluded with Sweden ^on 10 May
                 1    .......       .   .      .....          .«,«2
          1976     and with Switzerland 0£i 14 September 1978       to the new consult­
          ative structure of the fusion programme ,
          HAS DECIDED AS FOLLOWS :              . -
  '                       -
                       .    .             Sole Article
         1 . On the basis of the second paragraph of Article 101 of the Treaty
              establishing the European Atomic Energy Community , the Commission shall
              negotiate 'amendments to the Agreements for Cooperation fn the field
              of controlled thermonuclear fusion concluded by the Community
              with Sweden and with Switzerland in order to adapt them to the new
              consultative structure of the fusion programme .-
          2 . The Commission shall take advantage of that opportunity to update
              these Agreements , in particular with regard to the introduction
              of the ECU and the impact of the conclusion of the Agreement with
              Switzerland on the Agreement with Sweden .,
 0J No L 162 , 23.6.1976, p. 28       '                                      *
20J No L 242, 4.9.1978, p. 12
 ---pagebreak---                                D R A F T
                        Council Decision ( Euratom )
approving the conclusion by the Commission of protocols
amending       the Agreements for Cooperation in the field of
controlled thermonuclear fusion concluded by the European Atomic
Energy Community with Sweden and with Switzerland .
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 draft from the Commission ,
Whereas the Commission has , in accordance with the instructions from
the Council , negotiated 'protocols amending . the Agreements for Cooperation
 in the field of controlled thermonuclear fusion concluded with            .
Sweden and with Switzerland ;
                             \           ■ ■
Whereas it is consequently advisable to approve the conclusion by
the Commission of these    protocols ,
HAS DECIDED AS FOLLOWS   :
                            Sole Article
The conclusion by the Commission of protocols amending the Agreements
for Cooperation concluded by the European Atomic Energy Community
with Sweden and with Switzerland is hereby approved .
                   *        .......                                 »
 The texts of these protocols are annexed to this Decision .
Done at Brussels ,                             For the Council
                                                The President
 ---pagebreak---                           PROTOCOL ON AMENDMENTS TO THE
            AGREEMENT FOR COOPERATION BETWEEN THE EUROPEAN ATOMIC
           ENERGY COMMUNITY AND SWEDEN IN THE FIELD OF CONTROLLED
                    THERMONUCLEAR FUSION AND PLASMA PHYSICS
The EUROPEAN ATOMIC ENERGY COMMUNITY , hereinafter called " Euratom"
represented by the Commission of the European Communities , hereinafter
called "the Commission","
AND THE GOVERNMENT OF SWEDEN ,
Whereas            the Agreement for cooperation between Euratom and Sweden
in the field of thermonuclear fusion and plasma physics , hereinafter referred
to as "Agreement ", was concluded on 10 May 1976 ;
                                                                      V.
Whereas            the decision of the Council of the European Communities
establishing the " Joint European Torus ( JET ), Joint Undertaking ", in which
Sweden participates , was adopted on 30 May 1978;
                           A.
Whereas            the decision of the Council of the European Communities setting up a
Consultative Committee for'the Fusion Programme was adopted on 16 December 1980;
Whereas the recommendation of the Euratom / Sweden Fusion Committee concerning the
amendment of the Agreement was issued on 22 May 1981 ;
                                      HAVE AGREED AS FOLLOWS :
Article 1
    The provisions of the Agreement shall remain unchanged save as provided
for below :
1•   The second and third sentences of Article III»2 as well as Articles IV
     and V shall be deleted .
2.   Article VII shall be replaced by the following :
     " Article VII
     Euratom shall ensure that the associated Swedish bodies may become parties
     to the contracts relating to mobility of staff and to any contract or under-
     taking the object of which falls within the scope of this Agreement other than
 ---pagebreak--- a contract of association or similar contract , which Euratom concludes
during the period of this Agreement ",
 Article VIII shall be replaced by the following ;
                                               «
" Article VIII
1..   The Committee responsible for ensuring the proper implementation of
      the present Agreement , is defined in Article XII .
2.    The Committee responsible for ensuring the proper implementation of
      the contract(s ) of association referred to in Article III above shall
      be defined in such contract ( s ).
3.    The Committee responsible for ensuring the proper implementation of
      the mobility contracts    referred to in Article VII shall be defined
      in those    contracts .
4.    The bodies and committees responsible for implementing the JET project
      are defined in the Statutes of the "Joint European Torus ( JET ), Joint
      Undertaking "."
The text of Article X.2 shall read as follows :
      "2 .   It shaU be guaranteed by :
             rules on information and patents „which will apply in accordance
             with the general principles set out in Article XI ;
             mobility of staff between the laboratories in the Community and
             other associated States on the one hand and in Sweden on the other
             hand ;
                                        ν·
             equitable sharing among Swedish industries , industries in the
             Community and in other associated States of orders placed for
             the implementation of the associated programmes , subject to the
             principle of obtaining the best return for the sums committed ."
                      A                                      '
Article XI is hereby amended as follows :
a)  Article XI A.1 shall be replaced by the following :
     " A.1 .  Information resulting from research programmes undertaken in
              Sweden under the terms of this Agreement shall be communicated
              to the Member States of Euratom and to associated non-member
              States and to persons or undertakings engaged in research or
 ---pagebreak---                                      - S -
                    production activities in the territory of a Euratom Member
                     State or of an associated non-member State where such activities
                     justify their access to such information ."
     b)     The second sentence of Article XI . C shall be replaced by the following !
                              ι
             The Euratom Member States / Sweden , the associated non-member States
            and persons or undertakings established in the territories in question
            shall have the right to obtain licences or      sublicences for the exploi­
            tation of such patents for industrial or commercial purposes on appro­
            priate terms and conditions and in a non-discriminatory way , where the
            Contracting Parties have the right to grant such licences or      sublicen-
            ces ".
      c)   'Article XI 0(b ) shall be replaced by the following :
                                       r
                                                                 . >
            "( b ) Patents resulting from activities referred to in the previous
                   subparagraph shall be made available in a non-discriminatory way
                   to those States , persons or undertakings which can obtain a licence
                   or sublicence for the exploitation of the patents referred to in
                    section C to the extent necessary for the use of such licences or
                    sublicences , where the Contracting Parties have the right to grant t
                    such licences or sublicences ."           1
6.    In article XII 3 . the words "on the basis of opinions delivered by the LG"
      shall be deleted .
7*  . The following sentence shatl be added to Article XIV 2 .:
      " Prior to the adoption of a new Euratom programme the Contracting Parties
      shall consult each other within j one of the Committees provided for to that end
       in Article VIII 1 and VIII 2 . of the present Agreement ."
Article 2
This Protocol shall enter into force on the day , on which it is signed .
 ---pagebreak---                                   - 4 -
Article 3
The Agreement and this Protocol shall be read and interpreted together as one
single instrument and shall be known as the"Agreement for cooperation between
the European Atomic Energy Community and Sweden in the field of controlled
thermonuclear fusion and plasma physics as amended in 1981 ."
Done at Brussels on the ...... day of .........       1981 in duplicate
in the Danish , Dutch ,, English , French , German , Greek , Italian and
Swedish languages .
For the Government of Sweden                For the Commission
 ---pagebreak---              PROTOCOL ON AMENDMENTS TO THE COOPERATION AGREEMENT
      BETWEEN THE SWISS CONFEDERATION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY
         IN THE FIELD OF CONTROLLED THERMONUCLEAR FUSION AND PLASMA PHYSICS
  The Swiss Confederation ,
  hereinafter called " Switzerland", represented by the Swiss Federal Council ,
  hereinafter called "the Federal Council ", and
  The European Atomic Energy Community , hereinafter called " Euratom", represented
  by the Commission of the European Communities , hereinafter called " the Commission",
  Whereas*             the Cooperation Agreement between Switzerland and Euratom in
  the field of controlled thermonuclear fusion and plasma physics , hereinafter
  called "the Agreement ",    was concluded on K September 1978,
  Whereas the Decision of the Council of the European Communities setting up a Consulta
^ tive Committee for the Fusion Programme was adopted or 16 December 1980,
                «    •      »                                           1
  Whereas              Recommendation N° 1 / 81 of the Euratom / Switzerland Committee on
  Fusion was issued on 11 March 1981 ,                             (
  HAVE AGREED AS FOLLOWS :
  Article 1
  ■                                /
        The provisions of the Agreement shall remain unchanged, save as regards the
   following amendments and additions :
 ---pagebreak---                                       - 2 -
                                                                           -   yu
1.In the second sentence of the first subparagraph of Articte 2.1 , the words
    " referred to in Articles 5 to 10 and 16" shall be replaced by " referred to
    in . Article 4.1 and 4.2 ".
2 . Article 4 shall be replaced by the following :
                                  Article 4
                                  ––––                   t
      4.1 . The body responsible for administering this Agreement is described in
    Article 16 thereof .
    4.2 . The bodies responsible for establishing the association referred to in
    Article 2 of this Agreement are described in the contract of association .
    4.3 . The bodies responsible for staff mobility are described in the agreement
    for the promotion of staff mobility .
    4.4 . The bodies of the JET Joint Undertaking are described in the statutes of
    that undertaking ."
                                    t
3 . Articles 5 , 6 , 7 , 8 and 9 shall be deleted .
4 . The following additions shall be made to Article 15.3 and 15.4 :
    a ) In the second sentence of Article 15 . 3, after the words "on appropriate
         terms and conditions ", the words "and in a non-discriminatory way," shall
         be inserted .
    b ) In the second sentence of Article 15.4 , after the words " shall be made
         available ", the words " in a non-discriminatory way" shall be inserted .
    c ) At the end of Article 15.4 , the full stop shall be replaced by a comma and
         the following words added : " where the Contracting Parties have the right
         to grant such licences or sub-licences ".
                            •                *
5 . In Article 16.4 , the words ", on basis of opinions delivered by the LG ,      shall
    be deleted .
6 . In Article 19.2 , the words "mentioned in Articles 5 to 10 and 16" shall be
    replaced by the words " referred to in Article 4.1 and 4.2 ".
 ---pagebreak---                                    - 3 -
                                .  -  ■   ■      ■
7 . In Annex III , the terms " European units of account " and"EUA" shall be replaced
    by " ECU".
Article 2
This Protocol shall enter into force on the date on which it is signed .
Done at Brussels , this                            ^    \  in duplicate.'
in the Danish ,, Dutch , English , French ,, German ,
Greek and Italian languages .                   .
For the Swiss Confederation :                         For the European Atomic Energy
                                                      Community :