CELEX: 51974PC0766
Language: en
Date: 1974-06-04
Title: DRAFT COUNCIL DECISION instructing the Commission to negotiate an agreement for cooperation between the European Atomic Energy Community and Sweden in the field of controlled nuclear fusion and plasma physics (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 766
Vol. 1974/0117
 ---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
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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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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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,
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 ---pagebreak--- COMMISSION OS THE EUROEEAN COMMUNTIÏES
                                       COM(74)766 final
                                       Brussels . 4 June 1974
                                  D R A F T
                              COUNCIL DECISION
           instructing the Commission "to negotiate an agreement
            for cooperation between the European Atomic Energy
          Community and Sweden in the field of controlled nuclear
                         fusion and plasma physics
              ( submitted to the Council "by the Commission)
    COM(74) 766 final
 ---pagebreak---                                                      XII/206/74 e
           COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
Subject : Bequest from the Swedish Government to open negotiations
           with the Community with the aim of concluding an agreement
           for cooperation on research in the field of controlled
           thermonuclear fusion and plasma physics
1.     When , on 17 and 18 December last , the Council approved the
   revised version of the European Atomic Energy Community 's five-
   year research and training programme in the field of controlled
   thermonuclear fusion and plasma physics , the following declaration
   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 any requests for participation in the present programme from
   non-member countries , in particular European countries ".
2.     On 21 March 197 ^, His Excellency Mr Erik von Sydow , Ambassador
   Extraordinary and Plenipotentiary , Head of the Swedish Delegation
   to the European Communities , informed the Commission of his Govern­
   ment 's decision to request that negotiations be opened with the
   European Community with the aim of concluding an agreement for
   cooperation in research on controlled thermonuclear fusion and
   plasma physics . The primary aim of the Swedish request is to be­
   come associate with the EAEC programme in this branch of research ..
       His Excellency the Swedish Ambassador delivered to the Commis­
   sion the enclosed aide-memoire ( Annex I ) which the Commission
   forwarded to the Council on 1 April 197 ^.
                                                              •/ • • •
 ---pagebreak---                               - 2 -                 XII/206/7 1* e
     The Commission believes that it is in the Community 's interest
to enter into the proposed, negotiation with the Swedish Government .
Although her research programme in this field is necessarily limit­
ed , Sweden has an excellent tradition of research in plasma physics
and , moreover, possesses considerable technological know-how which
is likely to be very useful in the future for the continuation of
the Community 's joint research programme .
     In conclusion , the Commission , having conferred with the Com-
munity"s associates on the objectives to be reached by the proposed
negotiations , as required by the terms of the contracts of asso­
ciation in the field of controlled nuclear fusion and plasma
physics concluded under the Community 's five-year programme , here­
with forwards to the Council , as Annex II to this communication ,
a draft decision containing directives for the negotiation of an ,
agreement for cooperation between the European Atomic Energy Com­
munity and Sweden concerning research in the field of controlled
thermonuclear fusion and plasma physics .
 ---pagebreak--- SWEDISH DELEGATION                                     XII/206/71» e
                                                     . ANKSX I
                            AIDE-MEMOIRE
During 1973 exploratory talks were held between Sweden and repre-
entatives of the Commission of the European Communities concerning
a cooperation in the field of fusion research .
2.     At its meeting on December 17-13 , 1973 , the Council of the
European Communities declared its willingness to take gin open and
positive attitude to any requests for participation in the fusion
program from non-member countries , in particular European countries .
3.     The Swedish government - having noted and welcoming the declar­
ation of the Council - have decided to ask that negotiations be
opened between Sweden and the European Communities regarding an
agreement about cooperation in fusion research .
       The primary objective of the Swedish request is an association
to the EC program .
4.     In order to prepare for negotiations as soon as possible the
Swedish government suggest that the Commission prepare a draft text
for an association agreement . In the Swedish opinion such an agree­
ment should contain the general rights and obligations of the two
parties .
5-     Furthermore a draft text of an . association contract to be
entered between the Commission ( Euratom ) and the relevant Swedish
authority should be worked out . This contract , which will govern
the practical cooperation between the two parties , should i.a .
contain the rules for the Swedish representation in the various
organs of the fusion program .
Brussels , March 20 . 197 ^
 ---pagebreak---                                                          XII/205/74 e
                                                         ANNEX II
                                    D R A F T
   COUNCIL DECISION INSTRUCTING THE COMMISSION TO NEGOTIATE *N AGREEMENT
   FOR COOPERATION BETWEEN ThE EUROPEAN ATOMIC ENERGY COMMUNITY AND
   SWEDEN IN THE FIELD OF CONTROLLED NUCLEAR FUSION AND PLASMA PHYSICS
           The Council of the European Communities ,
           Having regard to the Treaty establishing the European Atomic
   Energy Community , and in particular .article 101 ( 2 ) thereof ,
           Having regard to the Commission 's proposal ,
           Whereas the Council adopted on 21 June 1971 ,      May and
   17/18 December 1973j a 5-year research and training programme for the
   European Atomic Energy Community in the field of fusion and plasma
   phyaics ,
           V.'hereas , on account of the effort which is still required to
   reach the application stage of controlled thermonuclear fusion , steps
   should be taken to seek all possible cooperation with non-Member
   Staten , selected in particular for the value of their research
   programmes in this field , in order to avoid unnecessary duplication
   of effort and accelerate progress of community programmes in this
   field ,
           V.'herea& , the Community might benefit in the long term from the
   application of controlled thermonuclear fusion to meet its energy
   requirements ,
           Having noted the text of the aide-memoire which the Swedish
   Government sent to th3 Commission on 21 March 197^ proposing the
   opening of negotiations with the European Communities with a view
   to concluding an agreement for cooperation in research in the field
   of controlled thermonuclear fusion ,
           HAS DECIDED AS FOLLOV/S :
1.         The Cormission will , on the basis of Article 101 ( 1 ) of the
   Treaty establishing the European Atomic Energy Community , negotiate
   with the Swedish Government an agreement for cooperation between
   the Community and Sweden concerning research into controlled thermo­
   nuclear fusion and plasma physics . The agreement will establish
                                                           /.
 ---pagebreak---                                           - 2 -                  XI X/206/7 e
       the framework and set the general conditions for the fullest possible
       participation by Sweden in the joint Community research and training
       programme in the above-mentioned field .
                The agreement will ensure that all Swedish activity in the field
       of controlled thermonuclear fusion is included in the cooperative
       scheme . The Commission will conduct negotiations in close collaborat­
       ion with the Member States' research bodies associated to the programme
       The agreement will provide for the conclusion of contracts of associa­
       tion between the Community and Swedish research bodies , selected on
       the basis of the aims of the cooperation *
2.              The rights and obligations , as a whole , resulting from the
       agreement and the contracts of associations concluded pursuant thereto ,
      more particularly in respect of financial matters , niust not Lave the
       effect of putting Sweden in a more favourable situation than that of
       the Member States . .
                Any information : arising out . of the activities included in the
       cooperation agreement should not be communicated to third States or
       to undertakings within third States without the agreement of the
 ~ ' Commission .
             . The grating of licences under the patents arising from the same
       activities will recuire the agreement of the Commission .
3i              The agreement will be negotiated in such a way that oweden 's
       participation in the joint programme, does not in any way hinder the
      normal functioning of the Community decisionmaking machinery as it
       affects the joint programme on fusion and plasma physics .
k.              The agreement will contain the provisions necessary to allow
       Sweden to assert her legitimate interests at a sufficiently early stage
       To this end , provision shall be made for adequate Swedish participation
       at all levels of the technical committees responsible for the joint pro
     ..gramme .
                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 and study any measures likely to
       improve the cooperation procedure within the framework of the
       agreement .
 ---pagebreak---                                     - 3 -                XII/206/7H e
5.       The agreement will contain clauses relating to the system of
   patents and information in accordance with the principle set out in
   item 2 of these instructions and with the Community 's policy in this
   regard .
6.       The agreement will be concluded for a period of ten years and ,
   unless notice is served six months before this period expires t will
   be extended for a further period cf ten years .
            The contracting parties will also be able to terminate the
   agreement by giving six months' notice , in the event that the Community
   research programmes are no longer pursued in tha field covered by the
   agreement »