CELEX: 52012PC0067
Language: en
Date: 2012-02-28 00:00:00
Title: Recommendation for a COUNCIL DECISION authorising the opening of negotiations on an agreement for scientific and technological cooperation between the European Atomic Energy Community of the one part, and the Swiss Confederation, of the other part, associating the Swiss Confederation to the Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2012-2013)

EUROPEAN COMMISSION
            Brussels, 28.2.2012
            COM(2012) 67 final
            This document was downgraded/declassifiedDate : 25.08.2017By : K. VandenbergheAuthority : DG RTD
            Recommendation for a
            COUNCIL DECISION
            authorising the opening of negotiations on an agreement for scientific and technological cooperation between the European Atomic Energy Community of the one part, and the Swiss Confederation, of the other part, associating the Swiss Confederation to the Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2012-2013)
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.By letter of 14 March 2011 Switzerland expressed its interest to become associated to the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013)
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               .
            
            
               2.The Swiss Confederation (hereafter Switzerland) has been associated to the fusion thematic area of the Euratom framework programmes since 1979 on the basis of the Cooperation Agreement between the European Atomic Energy Community and the Swiss Confederation in the field of controlled thermonuclear fusion and plasma physics of 1978
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               .
            
            
               3.On 8 January 1986, the Council and the Commission concluded a Framework Agreement for scientific and technical cooperation between the European Community and the European Atomic Energy Community and the Swiss Confederation (hereafter Framework Agreement)
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               . Article 6 of the Framework Agreement states that scientific and technical co-operation is to be carried out through appropriate agreements. 
            
            
               4.Switzerland became associated to the Seventh Framework Programme of the European Atomic Energy Community (Euratom) on nuclear research and training activities (2007-2011)
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                on the basis of a scientific and technological cooperation agreement which was signed on 25 June 2007, with effect from 1 January 2007. This agreement was without prejudice to the terms of the Cooperation Agreement between the Swiss Confederation and the European Atomic Energy Community in the field of controlled thermonuclear fusion and plasma physics of 1978.
            
            
               5.On 7 March 2011, the Commission submitted a proposal on a legislative package concerning the Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2012-2013)
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               .
            
            
               6.With respect to the Euratom energy research activities, exploratory discussions have taken place to identify the research potential and mutual interest in associating Switzerland to the Euratom research framework programme (2012-2013).
            
            
               7.In the light of the above, the Commission recommends that the Council authorises the Commission to negotiate, in accordance with Article 101, paragraph 2 of the Euratom Treaty, with the Swiss Confederation the agreement for scientific and technological cooperation between the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part, associating the Swiss Confederation to the Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2012-2013). 
            
            
               Recommendation for a
            
            
               COUNCIL DECISION
            
            
               authorising the opening of negotiations on an agreement for scientific and technological cooperation between the European Atomic Energy Community of the one part, and the Swiss Confederation, of the other part, associating the Swiss Confederation to the Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2012-2013)
            
            
               THE COUNCIL OF THE EUROPEAN UNION
            
            
               Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof;
            
            
               Having regard to Council Decision of 19 December 2011 concerning the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012 - 2013)
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               ;
            
            
               Having regard to Council Decision of 19 December 2011 concerning the specific programme, to be carried out by means of indirect actions, implementing the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012 - 2013)
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               ;
            
            
               Having regard to Council Decision of 19 December 2011 concerning the specific programme, to be carried out by means of direct actions by the Joint Research Centre, implementing the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012 - 2013)
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               ;
            
            
               Having regard to Council Regulation of 19 December 2011 laying down the rules for the participation of undertakings, research centres and universities in indirect actions under the Framework Programme of the European Atomic Energy Community and for the dissemination of research results (2012 - 2013)
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               ;
            
            
               Having regard to the recommendation from the Commission;
            
            
               WHEREAS
            
         
         
            
               (1)The Swiss Confederation expressed its interest to become associated to the Framework Programme of the European Atomic Energy Community on nuclear research and training activities (2012 - 2013);
            
            
               (2)It is in the interest of the Community to associate the Swiss Confederation to the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013);
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               The Commission is hereby authorised to negotiate on behalf of the European Atomic Energy Community an agreement for scientific and technological cooperation between the European Atomic Energy Community of the one part, and the Swiss Confederation, of the other part, associating the Swiss Confederation to the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013). 
            
            
               Article 2
            
            
               The negotiations shall be conducted on the basis of the negotiating directives set out in the Annex.
            
            
               Article 3
            
            
               The Commission shall keep the Council informed of the state of progress of the negotiations.
            
            
               Article 4
            
            
               This decision is addressed to the Commission.
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
            
               ANNEX 
            
            
               NEGOTIATING DIRECTIVES
            
            
               1. The agreement for scientific and technological cooperation between the European Atomic Energy Community (hereinafter "Euratom"), of the one part, and the Swiss Confederation, of the other part (hereinafter "the Agreement"), will provide for association of the Swiss Confederation to the whole of the Framework programme of Euratom for nuclear research and training activities (2012-2013)
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               , without prejudice to the terms of the 1978 Fusion Agreement.
            
            
               2. In order to allow the Swiss Confederation to participate, as soon as possible, in the whole Euratom Framework Programme as an associated country, the Agreement should provide for provisional and retroactive application as of 1 January 2012. The Agreement will contain a provision concerning reimbursement of funds and legal consequences for projects and activities in progress started during the provisional application, in the event of lack of conclusion by one of the sides. 
            
            
               3. The terms and conditions of the Agreement with regard to the protection of the financial interests of Euratom should be fully in line with the provisions for the protection of the financial interests of the EU set out in the Agreement on scientific and technological cooperation between the European Community and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part
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               .
            
            
               4. The terms and conditions of the Agreement will be coherent with Council Regulation of 19 December 2011 laying down the Rules for Participation of undertakings, research centres and universities in indirect actions under the Framework Programme of the European Atomic Energy Community and for the dissemination of research results (2012-2013)
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               .
            
         
         
            
               5. The Agreement should provide for adequate protection of the financial interests of Euratom covering the communication of financial data, audits and administrative anti-fraud on-the-spot investigations, administrative assistance and the recovery of money. Insofar as necessary, the Agreement should also envisage elimination of obstacles in relation to taxation and social security resulting from the cross-border participation of researchers in research projects under the Agreement, in particular for the personnel of the Joint Research Centre governed by the staff regulations of the European Union.
            
            
         
         
            
                  
                     (1)
                  OJ L …..
               
               
                  
                     (2)
                  OJ L 242 04.09.1978, p.2
               
               
                  
                     (3)
                  OJ L 313 22.11.1985, p. 6
               
               
                  
                     (4)
                  Council Decision 2006/970/Euratom OJ L 400, 30.12.2006, p. 60
               
               
                  
                     (5)
                  COM(2011)71, COM(2011)72, COM(2011)73, COM(2011)74
               
               
                  
                     (6)
                  Ref. Council 17503/11 – to be published in the OJ
               
               
                  
                     (7)
                  Ref. Council 17504/11 – to be published in the OJ
               
               
                  
                     (8)
                  Ref. Council 17505/11 – to be published in the OJ
               
               
                  
                     (9)
                  Ref. Council 17506/11 – to be published in the OJ
               
               
                  
                     (10)
                  Ref. Council 17503/11 – to be published in the OJ
               
               
                  
                     (11)
                  OJ L 189, 20.07.2007, p.24-39
               
               
                  
                     (12)
                  Ref. Council 17506/11 – to be published in the OJ