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PROTOCOL

amending the Agreement for cooperation between the European Atomic Energy Community and Sweden in the field of controlled thermonuclear fusion and plasma physics

THE EUROPEAN ATOMIC ENERGY COMMUNITY,

hereinafter called 'Euratom', represented by the Commission of the European Communities, hereinafter called 'the Commission', and

THE GOVERNMENT OF THE KINGDOM OF SWEDEN,

WHEREAS the Agreement for cooperation between Euratom and Sweden in the field of thermonuclear fusion and plasma physics, hereinafter called the 'Agreement', was concluded on 10 May 1976;

WHEREAS the Decision of the Council of the European Communities on the establishment of the 'Joint European Torus (JET), Joint Undertaking', in which Sweden participates was adopted on 30 May 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 the recommendation of the Euratom-Sweden Fusion Committee concerning the amendment of the Agreement was issued on 22 May 1981,

HAVE AGREED AS FOLLOWS:

Article 1

The provisions of the Agreement shall remain unchanged save as provided for below:

1. The second and third sentences of Article III.2 as well as Articles IV and V shall be deleted.

2. Article VII shall be replaced by the following:

'Article VII

Euratom shall ensure that the associated Swedish bodies may become Parties to the contracts relating to mobility of staff and to any contract or undertaking the object of which falls within the scope of this Agreement other than a contract of association or similar contract, which Euratom concludes during the period of this Agreement.'

3. Article VIII shall be replaced by the following:

'Article VIII

1. The Committee responsible for ensuring the proper implementation of this Agreement is defined in Article XII.

2. The Committee responsible for ensuring the proper implementation of the contract(s) of association referred to in Article III above shall be defined in such contract(s).

3. The Committee responsible for ensuring the proper implementation of the mobility contracts referred to in Article VII shall be defined in those contracts.

4. The bodies and committees responsible for implementing the JET project are defined in the Statutes of the "Joint European Torus (JET), Joint Undertaking".'

4. The text of Article X.2 shall read as follows:

'2. It shall be guaranteed by:

- rules on information and patents which will apply in accordance with the general principles set out in Article XI,

- mobility of staff between the laboratories in the Community and other associated States on the one hand and in Sweden on the other hand,

- equitable sharing among Swedish industries, industries in the Community and in other associated States of orders placed for the implementation of the associated programmes, subject to the principle of obtaining the best return for the sum committed.' 5. Article XI shall be amended as follows:

(a) Article XI A.1 shall be replaced by the following:

'A.1. Information resulting from research programmes undertaken in Sweden under the terms of this Agreement shall be communicated to the Member States of Euratom and to associated non-member States and to persons or undertakings engaged in research or production activities in the territory of a Euratom Member State or of an associated non-member State where such activities justify their access to such information.'

(b) The second sentence of Article XI C shall be replaced by the following:

'The Euratom Member States, Sweden, the associated non-member States and persons or undertakings established in the territories in question shall have the right to obtain licences or sub-licences for the exploitation of such patents for industrial or commercial purposes on appropriate terms and conditions and in a non-discriminatory way, where the Contracting Parties have the right to grant such licences or sub-licences.'

(c) Article XI D (b) shall be replaced by the following:

'(b) Patents resulting from activities referred to in the previous subparagraph shall be made available in a non-discriminatory way to those States, persons or undertakings which can obtain a licence or sub-licence in respect of the patents referred to in Section C to the extent necessary for the use of such licences or sub-licences, where the Contracting Parties have the right to grant such licences or sub-licences.'

6. In Article XII.3 the words 'on the basis of opinions delivered by the LG' shall be deleted.

7. The following sentence shall be added to Article XIV.2:

'Prior to the adoption of a new Euratom programme the Contracting Parties shall consult each other within the Committees provided for in Article VIII.1 and VIII.2 of this Agreement.'

Article 2

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

Article 3

The Agreement and this Protocol shall be read and interpreted together as one single instrument and shall be known as the 'Agreement for cooperation between the European Atomic Energy Community and Sweden in the field of controlled thermonuclear fusion and plasma physics as amended in 1981.'

Article 4

The Agreement and this Protocol 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 Kingdom of Sweden.

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

1.2 // For the Government of the Kingdom of Sweden // For the European Atomic Energy Community