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PROTOCOL

amending the Cooperation Agreement between the European Atomic Energy Community and the Swiss Confederation in the field of controlled thermonuclear fusion and plasma physics

THE EUROPEAN ATOMIC ENERGY COMMUNITY,

hereinafter called 'Euratom', represented by the Swiss Federal Council, and

THE SWISS CONFEDERATION,

hereinafter called 'Switzerland', represented by the Swiss Federal Council,

WHEREAS the Cooperation Agreement between Euratom and Switzerland in the field of controlled thermonuclear fusion and plasma physics, hereinafter called 'the Agreement', was concluded on 14 September 1978;

WHEREAS the Decision of the Council of the European Communities setting up a Consultative Committee for the Fusion Programme was adopted on 16 December 1980;

WHEREAS recommendation No 1/81 of the Euratom-Switzerland Committee on Fusion was issued on 11 March 1981,

HAVE AGREED AS FOLLOWS:

Article 1

The provisions of the Agreement shall remain unchanged, save as regards the following amendments and additions:

1. In the second sentence of the first subparagraph of Article 2.1, the words 'referred to in Articles 5 to 10 and 16' shall be replaced by 'referred to in Article 4.1 and 4.2'.

2. Article 4 shall be replaced by the following:

'4.1. The body responsible for administering this Agreement is described in Article 16 thereof.

4.2. The bodies responsible for establishing the association referred to in Article 2.1 of this Agreement are described in the contract of association.

4.3. The bodies responsible for staff mobility are described in the mobility agreement.

4.4. The bodies of the JET Joint Undertaking are described in the Statutes of that undertaking.'

3. Articles 5, 6, 7, 8 and 9 shall be deleted.

4. The following additions shall be made to Article 15.3 and 15.4:

(a) In the second sentence of Article 15.3, after the words 'on appropriate terms and conditions', the words 'and in a non-discriminatory way,' shall be inserted;

(b) In the second sentence of Article 15.4, after the words 'shall be made available', the words 'in a non-discriminatory way' shall be inserted;

(c) At the end of Article 15.4, the full stop shall be replaced by a comma and the following words added: 'where the Contracting Parties have the right to grant such licences or sub-licences.'

5. In Article 16.4, the words 'on basis of opinions delivered by the LG', shall be deleted.

6. In Article 19.2, the words 'mentioned in Articles 5 to 10 and 16' shall be replaced by the words 'referred to in Article 4.1 and 4.2'. 7. Article 20 shall be added reading as follows: 'This Agreement shall apply, on the one hand to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand to the territory of the Swiss Confederation.'

8. In Annex III, the terms 'European units of account' and 'EUA' shall be replaced by 'ECU'.

Article 2

This Protocol shall enter into force on the date on which it is signed.

Done at Brussels, . . . . . in duplicate, in the Danish, Dutch, English, French, German, Greek and Italian languages, each text being equally authentic.

1.2 // For the Swiss Confederation // For the European Atomic Energy Community