CELEX: 51993PC0644(02)
Language: en
Date: 1993-12-01
Title: Proposal for a 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

COMMISSION OF THE EtŒlOPEAN COMMUNITIES
                                                                       C0M(93)644   final
                                                                       Brussels,  1  December 1993
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                                                     Proposal      for a
                                            çpyMÇll        RFGiJLATIQN (EC)
                          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
                                                     Proposal for a
                                                   COUNCIL DECISION
IF"1
                                                     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
            "3
                                       ( p r e s e n t e d by t h e Commission)
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 ---pagebreak---                             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 Euro-
   pean 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 com-
   pleted 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 ex-
   pected 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.
 ---pagebreak---                                          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 Cen-
ter 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»
 ---pagebreak---                                              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
 ---pagebreak---                                     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
                                                                                             *,
 ---pagebreak---                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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 ---pagebreak---                          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
                                      nfzifo
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (93) 644 final
                                                      DOCUMENTS
EN                                                                     11 12 15
                                 Catalogue number : CB-CO-93-690-EN-C
                                                             ISBN 92-77-62572-4
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