DECISION OF THE COUNCIL AND OF THE COMMISSION

of 25 June 2007

on the signing, on behalf of the European Community and the European Atomic Energy Community, and provisional application of 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

(2007/502/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION AND THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 170, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

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 proposal from the Commission,

Whereas:

(1) The Commission has negotiated, on behalf of the Communities, an Agreement on Scientific and Technological Cooperation between the European Community and the European Atomic Energy Community, of the one part, and the Swiss Confederation, the other part, which also provides for provisional application of the Agreement as of 1 January 2007. Provisional application would enable Swiss entities to participate in the first calls for proposals under the Seventh Framework Programme.

(2) The Agreement was initialled on 27 February 2007.

(3) The Agreement should be signed and applied on a provisional basis, pending the completion of the procedures for its formal conclusion,

HAVE DECIDED AS FOLLOWS:

Article 1

1. The signing of 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, together with the Final Act, is hereby approved on behalf of the European Community and the European Atomic Energy Community, subject to the conclusion of the said Agreement.

2. The text of the Agreement is attached to this Decision.

Article 2

1. The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement and the Final Act on behalf of the European Community, subject to the conclusion of the said Agreement.

2. The President of the Commission is hereby authorised to designate the person(s) empowered to sign the Agreement and the Final Act on behalf of the European Atomic Energy Community, subject to the conclusion of the said Agreement.

Article 3

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, shall be applied provisionally.

Article 4

1. The Commission shall adopt the position of the Communities to be taken in the Switzerland/Communities Research Committee established by Article 10 of the Framework Agreement on Scientific and Technical Cooperation between the European Communities and the Swiss Confederation (1) with regard to decisions pursuant to Article 2(1) of the Agreement on the applicability in Switzerland of the rules for the establishment of the legal structures created under Articles 169 and 171 of the EC Treaty.

2. The Commission shall adopt the position of the Communities to be taken in the Switzerland/Communities Research Committee established by Article 10 of the Framework Agreement on Scientific and Technical Cooperation between the European Communities and the Swiss Confederation with regard to decisions pursuant to Article 6(2) and (3) of the Agreement identifying regions of Switzerland that may be eligible regions benefiting from research actions under the Work Programme ‘Research Potential’ under the specific ‘Capacities’ programme.

Article 5

The Decision shall be published in the

Official Journal of the European Union

Done at Luxembourg, 25 June 2007.

For the Council

The President

A. SCHAVAN

For the Commission

The President

José Manuel BARROSO

(1)

OJ L 313, 22.11.1985, p. 6

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

THE COUNCIL OF THE EUROPEAN UNION,

acting on behalf of the European Community,

and

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(hereinafter referred to as ‘the Commission’),

acting on behalf of the European Atomic Energy Community,

hereinafter referred to collectively as ‘the Communities’,

of the one part,

and

THE SWISS FEDERAL COUNCIL,

acting on behalf of the Swiss Confederation, hereinafter referred to as ‘Switzerland’,

of the other part,

hereinafter referred to as ‘the Parties’,

CONSIDERING that the close relationship between Switzerland and the Communities is of benefit to the Parties;

CONSIDERING the importance of scientific and technological research for the Communities and for Switzerland and their mutual interest in cooperating in this matter in order to make better use of resources and to avoid unnecessary duplication;

WHEREAS Switzerland and the Communities are currently implementing research programmes in fields of common interest;

WHEREAS the Communities and Switzerland have an interest in cooperating on these programmes to their mutual benefit;

CONSIDERING the interest of the Parties in encouraging the mutual access of their research entities to research and technological development activities in Switzerland, on the one hand, and to the Communities' Framework Programmes for research and technological development, on the other;

WHEREAS the European Atomic Energy Community and Switzerland concluded a Cooperation Agreement in 1978 in the field of controlled thermonuclear fusion and plasma physics (hereinafter referred to as the ‘Fusion Agreement’);

WHEREAS the Parties concluded a Framework Agreement on 8 January 1986 for scientific and technical cooperation, which entered into force on 17 July 1987 (hereinafter referred to as ‘the Framework Agreement’);

CONSIDERING that Article 6 of the Framework Agreement states that the cooperation aimed at by the Framework Agreement is to be carried out through appropriate agreements;

WHEREAS on 16 January 2004 the Communities and Switzerland signed an Agreement on Scientific and Technological Cooperation (1), which was provisionally applied since 1 January 2004 and which entered into force on 16 May 2006;

CONSIDERING that Article 9(2) of the abovementioned Agreement provides for renewal of the Agreement with a view to participation in new multi-annual Framework Programmes for research and technological development, under mutually agreed conditions;

WHEREAS the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (hereinafter referred to as the ‘Seventh EC Framework Programme’) was adopted by Decision No 1982/2006/EC (2) and Regulation (EC) No 1906/2006 (3) of the European Parliament and of the Council, and by Council Decisions 2006/971/EC (4), 2006/972/EC (5), 2006/973/EC (6), 2006/974/EC (7) and 2006/975/EC (8) and the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2007 to 2011), also contributing to the creation of the European Research Area was adopted by Council Decision 2006/970/Euratom (9), Council Regulation (Euratom) No 1908/2006 (10) and Council Decisions 2006/976/Euratom (11) and 2006/977/Euratom (12) (hereinafter referred to as the ‘Seventh EC and Euratom Framework Programmes’);

WHEREAS without prejudice to the provisions of the Treaties establishing the Communities, this Agreement and any activities entered into under it will in no way affect the powers vested in the Member States to undertake bilateral activities with Switzerland in the fields of science, technology, research and development, and to conclude, where appropriate, agreements to that end,

HAVE AGREED AS FOLLOWS:

Article 1

Subject matter

1. The form and conditions of Swiss participation in the implementation of the whole of the Seventh EC and Euratom Framework Programmes shall be as laid down in this Agreement, without prejudice to the terms of the Fusion Agreement.

Legal entities established in Switzerland may participate in all the specific programmes of the Seventh EC and Euratom Framework Programmes.

2. Swiss legal entities may participate in the activities of the Joint Research Centre of the Communities, as far as this participation is not covered by paragraph 1.

3. Legal entities established in the Communities, including the Joint Research Centre, may participate in research programmes and/or projects in Switzerland on themes equivalent to those of the programmes of the Seventh EC and Euratom Framework Programmes.

4. For the purposes of this Agreement ‘legal entity’ means any natural or any legal person created under the national law at its place of establishment or under Community law, having legal personality and being entitled to have rights and obligations of any kind in its own name. This shall include,

inter alia

, universities, research organisations, industrial companies, including small and medium-sized enterprises, and individuals.

Article 2

Forms and means of cooperation

Cooperation shall take the following forms:

Participation of legal entities established in Switzerland in all specific programmes adopted under the Seventh EC and Euratom Framework Programmes, in accordance with the terms and conditions laid down in the rules for the participation of undertakings, research centres and universities both in research, technological development and demonstration activities of the European Community and in research and training activities of the European Atomic Energy Community.

In case the Community makes provisions for the implementation of Articles 169 and 171 of the Treaty establishing the European Community Switzerland shall be allowed to participate in the legal structures created under these provisions subject to the rules that will be adopted for the establishment of these legal structures and provided that these rules will become applicable in Switzerland. The Switzerland/Communities Research Committee shall decide on the applicability of these rules in Switzerland.

Legal entities established in Switzerland shall be eligible for participation in indirect actions based on Articles 169 and 171 of the Treaty establishing the European Community.

Financial contribution by Switzerland to the budgets of the programmes adopted for the implementation of the Seventh EC and Euratom Framework Programmes, as defined in Article 5(2).

Participation of legal entities established in the Communities in Swiss research programmes and/or projects decided by the Federal Council on themes equivalent to those of the Seventh EC and Euratom Framework Programmes, in accordance with the terms and conditions laid down in the relevant Swiss regulations and with the agreement of the partners in the specific project and the management of the corresponding Swiss programme. Legal entities established in the Communities participating in Swiss research programmes and/or projects shall cover their own costs, including their relative share of the project's general management and administrative costs.

In addition to timely provision of information and documentation concerning the implementation of the Seventh EC and Euratom Framework Programmes and of the Swiss programmes and/or projects, the cooperation between the Parties may include the following forms and means:

(a) regular exchanges of views on research policy guidelines and priorities and plans in Switzerland and in the Communities;

(b) exchanges of views on the prospects and development of cooperation;

(c) timely exchanges of information on the implementation of the research programmes and projects in Switzerland and in the Communities and on the results of the work undertaken under this Agreement;

(d) joint meetings;

(e) visits and exchanges of researchers, engineers and technicians;

(f) regular contacts and follow-up between programme or project leaders in Switzerland and in the Communities;

(g) participation by experts in seminars, symposia and workshops.

Article 3

Adaptation

Cooperation may be adapted and developed at any time by mutual agreement between the Parties.

Article 4

Intellectual property rights and obligations

1. Subject to Annex A and applicable law, legal entities established in Switzerland participating in the Communities' research programmes shall, as regards ownership, exploitation and dissemination of information and intellectual property arising from such participation, have the same rights and obligations as legal entities established in the Communities. This provision shall not apply to the results obtained from projects started before the provisional application of this Agreement.

2. Subject to Annex A and applicable law, legal entities established in the Communities taking part in Swiss research programmes and/or projects, as provided for in Article 2(3), shall, as regards ownership, exploitation and dissemination of information and intellectual property arising from such participation, have the same rights and obligations as legal entities established in Switzerland participating in the programmes and/or projects in question.

Article 5

Financial provisions

1. Commitments entered into by the Communities under the Seventh EC and Euratom Framework Programmes prior to the provisional application of this Agreement — as well as the payments which result from these — shall give rise to no contribution on the part of Switzerland. Switzerland's financial contribution deriving from participation in the implementation of the Seventh EC and Euratom Framework Programmes shall be established in proportion to and in addition to the amount available each year in the general budget of the European Union for commitment appropriations to meet the Commission's financial obligations stemming from work to be carried out in the forms necessary for the implementation, management and operation of the programmes and activities covered by this Agreement.

2. The proportionality factor governing Switzerland's contribution to the Seventh EC and Euratom Framework Programmes, except the Fusion Programme, shall be obtained by establishing the ratio between Switzerland's gross domestic product, at market prices, and the sum of gross domestic products, at market prices, of the Member States of the European Union. The Swiss contribution to the Fusion Programme shall continue to be calculated on the basis of the corresponding agreement. These ratios shall be calculated on the basis of the latest statistical data from Eurostat, available at the time of publication of the preliminary draft budget of the European Union for the same year.

3. The rules governing Switzerland's financial contribution are set out in Annex B.

Article 6

Switzerland/Communities Research Committee

1. The Switzerland/Communities Research Committee set up in the Framework Agreement shall review, evaluate and ensure the proper implementation of this Agreement. Any issues arising from the implementation or interpretation of this Agreement shall be referred to this Committee.

2. The Committee may identify on request of Switzerland regions of Switzerland that fulfil the criteria set out in Article 5(1) of Council Regulation (EC) No 1083/2006 (13) and may therefore be eligible regions benefiting from research actions under the Work Programme ‘Research Potential’ under the specific ‘Capacities’ programme.

3. The Committee may decide to amend the references to Community acts in Annex C.

Article 7

Participation

1. Without prejudice to the provisions of Article 4, legal entities established in Switzerland participating in the Seventh EC and Euratom Framework Programmes shall have the same contractual rights and obligations as entities established in the Communities.

2. For legal entities established in Switzerland, the terms and conditions applicable for the submission and evaluation of proposals and those for the granting and conclusion of grant agreements and/or contracts under the Communities' programmes shall be the same as those applicable for grant agreements and/or contracts concluded under the same programmes with legal entities established in the Communities.

3. Legal entities established in Switzerland shall be eligible for loans the EIB makes in support of research objectives set out under the Seventh EC Framework Programme.

4. An adequate number of Swiss experts shall be taken into consideration in the selection of evaluators or referees under the Communities' research and technological development programmes taking into account the skills and knowledge appropriate to the tasks assigned to them.

5. Without prejudice to the provisions of Article 1(3), Article 2(3) and Article 4(2) and to existing regulations and rules of procedure, legal entities established in the Communities may participate under equivalent terms and conditions to Swiss partners in programmes and/or projects of the Swiss research programmes mentioned in Article 2(3). The Swiss authorities may make participation in a project by one or more legal entities established in the Communities subject to joint participation by at least one Swiss entity.

Article 8

Mobility

Each Party shall undertake, in accordance with existing regulations and agreements in force, to guarantee the entry and stay — as far as indispensable for successful accomplishment of the activity concerned — of a limited number of their researchers participating, in Switzerland and in the Communities, in the activities covered by this Agreement.

Article 9

Revision and future collaboration

1. Should the Communities revise or extend their research programmes, this Agreement may be revised or extended under mutually agreed conditions. The Parties shall exchange information and views concerning any such revision or extension, as well as on any matters which affect directly or indirectly Switzerland's cooperation in the fields covered by the Seventh EC and Euratom Framework Programmes. Switzerland shall be notified of the exact content of the revised or extended programmes within two weeks of their adoption by the Communities. In case of such revision or extension of the research programmes, Switzerland may terminate this Agreement by giving six months' notice. The Parties shall give notice of any intention to terminate or to extend this Agreement within three months after the adoption of the Communities' decision.

2. Should the Communities adopt new multi-annual Framework Programmes for research and technological development, this Agreement may be renewed or renegotiated under conditions agreed mutually between the Parties. The Parties shall exchange information and views on the preparation of such programmes or other current and future research activities through the Switzerland/Communities Research Committee.

Article 10

Relation to other international agreements

1. The provisions of this Agreement shall apply without prejudice to the advantages envisaged by other international agreements binding one of the Parties and reserved only for legal entities established on the territory of that Party.

2. A legal entity established in another country associated to the Seventh EC Framework Programme (Associated Country) enjoys the same rights and obligations under this Agreement as legal entities that are established in a Member State provided that the Associated Country in which the entity is established has agreed to award legal entities from Switzerland the same rights and obligations.

Article 11

Territorial application

This Agreement shall apply, on the one hand, to the territories in which the Treaties establishing the Communities are applied and under the conditions laid down in those Treaties and, on the other, to the territory of Switzerland.

Article 12

Annexes

Annexes A, B and C shall form an integral part of this Agreement.

Article 13

Amendment and termination

1. This Agreement shall apply for the duration of the Seventh EC and Euratom Framework Programmes.

2. This Agreement may be amended only in writing by common consent between the Parties. This procedure for entry into force of the amendments shall be the same as the procedure applicable to this Agreement.

3. Each Party may terminate this Agreement at any time, subject to six months' written notice.

4. Projects and activities in progress at the time of termination and/or expiry of this Agreement shall continue until their completion under the conditions laid down in this Agreement. The Parties shall settle by common consent any other consequences of termination.

Article 14

Entry into force and provisional application

1. This Agreement shall be ratified or concluded by the Parties in accordance with their respective rules. It shall enter into force on the dates of the final notification of completion of the procedures necessary to this end. It shall be provisionally applied as of 1 January 2007.

2. Should one of the Parties inform the other that it will not conclude this Agreement, it is hereby agreed that:

— the Communities shall reimburse to Switzerland its contribution to the general budget of the European Union, as provided for in Article 2(2),

— however, the funds committed by the Communities for participation by legal entities established in Switzerland in indirect actions, including the reimbursements provided for in Article 2(1), shall be deducted by the Communities from the abovementioned reimbursement,

— projects and activities started during this provisional application and still in progress at the time of the abovementioned notification shall continue until their completion under the conditions laid down in this Agreement.

This Agreement shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish and Swedish languages, each of those texts being equally authentic.

Съставено в Люксембург на двадесет и пети юни две хиляди и седма година.

Hecho en Luxemburgo, el veinticinco de junio de dos mil siete.

V Lucemburku dne dvacátého pátého června dva tisíce sedm.

Udfærdiget i Luxembourg den femogtyvende juni to tusind og syv.

Geschehen zu Luxemburg am fünfundzwanzigsten Juni zweitausendsieben.

Kahe tuhande seitsmenda aasta juunikuu kahekümne viiendal päeval Luxembourgis.

Έγινε στο Λουξεμβούργο, στις είκοσι πέντε Ιουνίου δύο χιλιάδες επτά.

Done at Luxembourg, on the twenty-fifth day of June in the year two thousand and seven.

Fait à Luxembourg, le vingt-cinq juin deux mille sept.

Fatto a Lussemburgo, addì venticinque giugno duemilasette.

Luksemburgā, divtūkstoš septītā gada divdesmit piektajā jūnijā.

Priimta du tūkstančiai septintųjų metų birželio dvidešimt penktą dieną Liuksemburge.

Kelt Luxembourgban, a kettőezer-hetedik év június havának huszonötödik napján.

Magħmul fil-Lussemburgu, fil-ħamsa u għoxrin jum ta' Ġunju tas-sena elfejn u sebgħa.

Gedaan te Luxemburg, de vijfentwintigste juni tweeduizend zeven.

Sporządzono w Luksemburgu dnia dwudziestego piątego czerwca roku dwa tysiące siódmego.

Feito no Luxemburgo, em vinte e cinco de Junho de dois mil e sete.

Adoptat la Luxemburg, douăzeci şi cinci iunie două mii șapte.

V Luxemburgu dňa dvadsiateho piateho júna dvetisícsedem.

V Luxembourgu, petindvajsetega junija leta dva tisoč sedem.

Tehty Luxemburgissa kahdentenakymmenentenäviidentenä päivänä kesäkuuta vuonna kaksituhattaseitsemän.

Som skedde i Luxemburg den tjugofemte juni tjugohundrasju.

Зa Eвpoпeйcката общност

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Гια την Ευρωπαїκή Κоινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrĳos vardu

Az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Pentru Comunitatea Europeană

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

För Europeiska gemenskapen

[Bild bitte in Originalquelle ansehen]

Зa Eвpoпeйcката общност зa aтoмна енергия

Por la Comunidad Europea de la Energía Atómica

Za Evropské společenství pro atomovou energii

For Det Europæiske Atomenergifælleskab

Für die Europäische Atomgemeinschaft

Euroopa Aatomienergiaühenduse nimel

Гια την Ευρωπαїκή Κоινότητα Ατομικής Εvέργειας

For the European Atomic Energy Community

Pour la Communauté européenne de l'énergie atomique

Per la Comunità europea dell'energia atomica

Eiropas Atomenerġĳas kopienas vārdā

Europos atominés energĳos bendrĳos vardu

Az Európai Atomenergia-közösség részéről

Għall-Komunità Ewropea ta' l-Enerġĳa Atomika

W imieniu Europejskiej Wspólnoty Energii Atomowej

Voor de Europese Gemeenschap voor Atoomenergie

Pela Comunidade Europeia da Energia Atómica

Pentru Comunitatea Europeană a Energiei Atomice

Za Európske spoločenstvo pre atómovú energiu

Za Evropsko skupnost za atomsko energĳo

Euroopan atominienergiayhteisön puolesta

För Europeiska atomenergigemenskapen

[Bild bitte in Originalquelle ansehen]

Зa Конфедерация Швейцария

Por la confederación Suiza

Za Švýcarskou konfederaci

For Det Schweiziske Forbund

Für die Schweizerische Eidgenossenschaft

Šveitsi Konföderatsiooni nimel

Гια την Ελβετική Συνομοσπονδία

For the Swiss Confederation

Pour la Confédération suisse

Per la Confederazione svizzera

Šveices Konfederācĳas vārdā

Šveicarĳos Konfederacĳos vardu

A Svájci Államszövetség részéről

Għall-Konfederazzjoni Żvizzera

Voor de Zwitserse Bondsstaat

W imieniu Konfederacji Szwajcarskiej

Pela Confederação Suíça

Pentru Confederaţia Elveţiană

Za Švajčiarsku konfederáciu

Za Švicarsko konfederacĳo

Sveitsin valaliiton puolesta

På Schweiziska edsförbundets vågnar

[Bild bitte in Originalquelle ansehen]

(1)

OJ L 32, 5.2.2004, p. 22

(2)

OJ L 412, 30.12.2006, p. 1

(3)

OJ L 391, 30.12.2006, p. 1

(4)

OJ L 400, 30.12.2006, p. 86