21980A0714(01)

COOPERATION AGREEMENT between the European Atomic Energy Community and the Kingdom of Spain in the field of controlled thermonuclear fusion

THE EUROPEAN ATOMIC ENERGY COMMUNITY,

hereinafter called "Euratom", represented by the Commission of the European Communities, hereinafter called the "Commission",

AND THE KINGDOM OF SPAIN,

hereinafter called "Spain", represented by the Spanish Government,

Whereas since 1959 Euratom has, as part of a joint long-term programme in the field of controlled nuclear fusion, been implementing multiannual research and training programmes executed inter alia by means of contracts of association and of a staff mobility agreement, the most recent being the fifth multiannual programme covering the 1979 to 1983 period and comprising the execution of the JET Project, assigned to the JET Joint Undertaking;

Whereas Spain, having applied for membership of the European Communities, wishes to cooperate with the Community programme for the purpose of developing its own programme in the field of controlled thermal nuclear fusion by becoming a party to the staff mobility agreement concluded by the Commission and its associates in this field;

Whereas this cooperation will enable Spain, on the one hand, to send its scientific staff to work in the laboratories of the Community and its associates and on the other hand, to invite scientists from these laboratories to Spain for the purpose of developing and implementing a programme compatible with that of the Community with a view to a wider association, particularly in the event of accession by Spain to the Community;

Whereas such participation is in the interests of the Community and of Spain,

HAVE AGREED AS FOLLOWS:

Article 1

The purpose of this Agreement is to establish cooperation between the Euratom programme and the programme of Spain in the field of controlled thermonuclear fusion by setting up an exchange of scientists from the Commission and its associates and from Spain, through participation by Spain in the agreement for the promotion of staff mobility concluded by the Commission and its associates, for the purpose of orienting and developing the Spanish programme to ensure its compatibility with that of Euratom with a view to more extensive association, particularly in the event of accession by Spain to the Community.

Euratom shall make arrangements to ensure that, as soon as this Agreement enters into force, Spain becomes a party to the agreement for the promotion of staff mobility, referred to in the first paragraph of this Article, which will be signed by the Junta de Energia Nuclear.

Article 2

By the terms of this Agreement the financial contribution of Spain to the Euratom programme shall be fixed annually at an amount such that the ratio between that amount and that of the financial contribution of Euratom to the agreement for the promotion of staff mobility corresponds to the ratio that exists between the gross domestic product of Spain and that of Euratom during the antepenultimate year.

At the beginning of each year, the Commission shall inform Spain of the amount set aside for the expenditure relating to the contract for the promotion of staff mobility for the year in question. Spain shall pay the Commission the amount due on the basis of this Article.

Article 3

Officials and other servants of the Commission who are subject to Community tax on salaries, wages, and emoluments paid by the Communities and who participate in Spain in the activities referred to in this Agreement shall be exempt from national taxes on salaries, wages and emoluments.

Article 4

The information acquired and inventions developed by staff belonging to a Spanish body who have been seconded to an associate of the Commission shall be subject to the system laid down in the contract of association of the associate, it being understood that the Spanish body shall in this case have the same rights in respect of such information as those enjoyed by the Commission pursuant to the said contract.

The Spanish body shall enjoy a free, non-exclusive and irrevocable right of use for its own requirements in respect of the patents registered or obtained by the host associate in accordance with the provisions of the first paragraph, this right of use covering research, work and orders undertaken by third parties for its account.

With regard to information acquired and inventions developed by staff belonging to an associate of the Commission who have been seconded to a Spanish body, that body shall grant the Commission and the associate in question rights identical to those which the two last-mentioned would have enjoyed if the Commission had concluded a similar contract of association with the Spanish body.

Article 5

A mixed committee called "Euratom/Spain Fusion Committee" shall be set up and shall comprise representatives of the Commission and of Spain.

The Euratom/Spain Fusion Committee shall be responsible for the proper implementation of this Agreement. It shall study all measures likely to improve cooperation within the framework of the Agreement.

The Euratom/Spain Fusion Committee shall adopt its own rules of procedure. The Chair shall be occupied alternately by a representative of each of the contracting parties, in conformity with the rules of procedure of the Euratom/Spain Fusion Committee.

The Euratom/Spain Fusion Committee shall meet at the request of either of the contracting parties and at least once per year.

Article 6

This Agreement shall be approved by the contracting parties in accordance with their own procedures. It shall enter into force as soon as the parties thereto have informed each other that the procedure to be followed in this regard has been properly completed.

This Agreement shall be concluded for a period limited to three years.

Each contracting party may terminate the Agreement at any time by giving six months' notice.