Rs 0.732.012 Statutes Of December 20, 1957, Of The Organization For Cooperation And Economic Development (Decision) Nuclear Energy Agency

Original Language Title: RS 0.732.012 Statuts du 20 décembre 1957 de l’Agence de l’Organisation de Coopération et de Développement économiques pour l’énergie nucléaire (Décision)

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0.732.012 original statutes of the Agency of the Organization for Cooperation and economic development for nuclear energy (Decision) adopted by decision of the Council of the OEEC by December 20, 1957, entered into force for the Switzerland on February 1, 1958, confirmed by decision of the Council of the OECD on September 30, 1961 amended the February 23, 1965 and may 17, 1972 (State on May 13, 2014) part I art. 1a. A "the O.C.D.E. for nuclear energy agency" is created in the context of the Organization, (called below 1' 'Agency').
b. the object of the Agency is to promote the development of production and the uses of nuclear energy for peaceful purposes by the participating countries through cooperation between these countries and harmonisation measures taken at the national level.

S. 2. the implementation of the tasks entrusted to the Agency under the authority of the Council by the Executive Committee of nuclear energy (called below the «Board») is ensured by bodies set up in accordance with the provisions below to assist in this work or to carry out functions of interest to a group of countries and by the Secretariat of the Agency.

S. 3. the Board is competent to deal with any issue falling within the subject of the Agency, to the conditions resulting from the provisions below and the other relevant decisions of the Council.

S. 4A. The Agency shall promote, as far as possible, confrontation and harmonization programmes and projects of the participating countries concerning the development of research and industry in the field of production and use of nuclear energy for peaceful purposes, in the light of the forecast needs and energy resources established by the Consultative Commission of energy.
b. A this effect, participating countries will be invited, in cases and under conditions determined by the Management Committee, i) to communicate periodically to the Agency their programs or forecasts national or common, as well as all relevant information on their State of implementation; ii) to inform the Agency of their public or private initiative projects.

v. programmes and projects will lead to a review by the Executive Committee, through a procedure that will determine. The Executive Committee may formulate opinions, notably in the form of recommendations, to the countries concerned.

S. 5a. The Agency shall promote, where appropriate, the creation of joint ventures in the field of production and use of nuclear energy for peaceful purposes, endeavouring to ensure the participation of the largest possible number of countries.
b. If a group of countries participating or associated declares his intention to form a joint venture, these countries may agree to undertake among themselves, at their own load, work necessary for this purpose within the Organization, regardless of the position taken by the other participating countries. Working groups or unions of studies established in accordance with this paragraph will be the Executive Committee informed of the progress and the conclusions of their work.
c. when joint ventures will be established, on the initiative or with the assistance of the Agency, i) the Board - or a small group of the Steering Committee comprising representatives of the countries that take part in the company - will exercise all functions entrusted to him by the agreements for the establishment of the undertakings concerned; ii) joint ventures will report annually to the Board on their situation and their development; iii) the Steering Committee will review the problems of general interest that might raise the functioning of joint ventures to propose to Governments measures that might prove necessary; iv) agreements for the creation of joint ventures will have to include provisions allowing participating countries or groups of countries which do not take part in the company, then accessed later or to benefit from the results of their activity.

S. 6a. The Agency will assist as far as possible to ensure the regular supply of joint ventures as well as participating countries in raw materials necessary for the execution of their programs in the nuclear field.
b. this effect, the Agency shall promote, where appropriate, the conclusion by the Organization in accordance with art. 5 (c) of the Convention of 14 December 1960 or by participating countries, agree to the supply of raw materials, possibly by third countries. The Management Committee will be entrusted to the organization under these agreements.

RS 0.970.4 1974 997 s. RO 7A. The Agency is responsible to study jointly with the Trade Committee all measures to free international trade in products relevant to the production and use of nuclear energy for peaceful purposes as fully as possible.
b. in particular, the Executive Committee will fill the functions entrusted to this subject by the Council.

1974 997 s. RO 8A. A security check will be established to ensure that the functioning of joint ventures and the materials, equipment or services provided by the agency or under their supervision, can be used for military purposes.
b. the security check may be extended, at the request of the parties, to any bilateral or multilateral agreement or at the request of a country involved in any activity in this country in the field of nuclear energy.
v. the Organization of this control and the functions of the Agency relating to its exercise, subject of a special Convention on the control of security.

RS 0.732.021 s. 9A. The Agency should foster the development of research relevant to production and uses of nuclear energy for peaceful purposes in the participating countries.
b. this effect, it shall promote, where appropriate, the conclusion of agreements for the use in common of research facilities constructed by the participants, as well as the creation of common research institutions under the conditions laid down in article 5 above.
the Agency shall facilitate the exchange of scientific and technical information relating to its object between the participating countries and partners.

S. 10A. The Agency shall promote development in participating countries of the teaching of subjects relevant to nuclear energy, to help cope with the needs in scientific and technical personnel in this area.
b. A thereto, the Board will implement all measures allowing, by cooperation between the participating countries and partners, i) to make maximum use of and develop training in relevant national institutions; ii) to organize as necessary, on an international basis, supplementary lessons for the use of teachers, students or engineers.

S. 11A. The Agency shall promote the development and harmonization of the laws relevant to nuclear energy in the participating countries in particular: i) the protection of public health and accidents in the nuclear industry forecasting; ii) the regime of civil liability and insurance of nuclear risks; iii) measures to ensure the best use of patented inventions.

b. for this purpose, the Management Committee must: i) develop as soon as possible and submit it to the participating countries, with a view to their adoption of common rules governing as a basis for the national laws and regulations; ii) promoting the creation between the participating countries concerned of necessary common services, in particular for the protection of public health and prevention of accidents in the nuclear industry.

Part II articles 12A. The Management Committee is composed of representatives of all Member Governments of the organization involved in this Decision.
b. the Government of United States of America is invited to join in the work of the Agency.

New content according to the Am. of the Council of the Organization for Cooperation and economic development of May 9, 1975, in force since April 1, 1975 (RO 1977 166).

S. 13A. The Board refers every year among its members a Chairman and Vice-Chairmen. It adopts its rules of procedure.
b. the Board may formulate opinions, notably in the form of recommendations to the participating countries on any matter falling within its remit.
c. whenever decisions involving the Governments must be taken outside the powers specifically conferred on the Board, it shall submit proposals to the Council to that effect.
d. the Executive Committee shall report annually to the Council on the implementation of its mandate and on the situation and prospects of the nuclear industry in the participating countries.

S. 14A. The reports and proposals developed by the Management Committee shall indicate, where appropriate, the different positions taken by its members.
b. decisions, advice or recommendations of the Management Committee shall be adopted by mutual agreement of its members present and voting.
c. However, the Management Committee decisions on the adoption of the agenda, to the studies to be undertaken, to the creation of groups, working and sending questionnaires to participating countries are adopted by a majority of the members of the Board present.

d. decisions engaging Governments, by the Management Committee under the powers conferred to him, require that countries which have accepted.

S. 15A. The Board may create committees and working groups as it considers necessary to assist it in the performance of its duties and to entrust the execution of any work going into the object of the Agency.
b. restricted organizations can be created for the study of questions or the performance of duties involving a group of countries participating or associated, in the conditions laid down in article 5 above or by decision of the Council. Special expenses related to the work of these bodies, such as education or pay for experts, shall be borne by the countries concerned.

S. 16A. The Board performs his/her functions in conjunction with the relevant bodies of the organization.
b. the Board will consult with those bodies on issues falling within their mandate. These bodies will consult the Board on any question relating to the production and use of nuclear energy for peaceful purposes.

S. 17A. The Board and its subsidiary bodies are assisted by the Secretariat of the Agency, which is part of the Secretariat of the organization.
b. expenditures relating to the functioning of the Agency are covered by the budget of the organization. For this purpose, the Board prepares annually estimates to be submitted to the approval of the Council.
The expenditure of the Agency subject to specific rules of financing must be the subject of separate estimates and countries that would not contribute to the financing of these expenditures must abstain from the approval of the relevant heading of the budget.

S. 18A. In the performance of its functions, the Board must take account of the work undertaken by other international organizations and to appeal, as far as possible, with the assistance of these organizations.
b. the Board shall establish, in agreement with the Council, relations with international governmental organizations interested in issues relating to nuclear energy.
c. the Board may contact the international non-governmental organizations, in the context of decisions or arrangements approved by the Council.

S. 19A. The provisions of this Decision do not affect the rights and obligations resulting from the treaties previously concluded by the Governments participating in the Decision.
b. this Decision does affect not the exercise of the powers attributed to the European Community of Atomic Energy (EURATOM) by the Treaty of Rome on 25 March 1957, the Agency established with the said community collaboration whose modalities will be determined by mutual agreement.

S. 20A.  The participating countries are the countries whose Governments are involved in this decision. The United States will have the quality of associated countries.
b. any Government involved in this Decision may terminate in relation to, by giving one year's notice to that effect to the Secretary general of the organization.
c. the Decision of the Board dated July 18, 1956 referred to above shall be repealed.

New content according to the Am. of the Council of the Organization for Cooperation and economic development of May 9, 1975, in force since April 1, 1975 (RO 1977 166).

S. 21. the provisions of the additional Protocol No. 1 to the Convention on the Organization for Cooperation and economic development apply to the representation of the European Community of Atomic Energy (Euratom) in the Agency and its Board, as well as the participation of the Commission of the said community in the work of the Agency and its Board.

1974 998 RS 970.4 s. RO 22. this Decision shall enter into force on February 1, 1958.

Scope may 13, 2014 member countries: Germany Italy Australia Japan Austria Luxembourg Belgium Mexico Canada Norway Korea (South-) Netherlands Denmark Poland Spain Portugal United States United Kingdom Finland Russia France Slovakia Greece Slovenia Hungary Sweden Ireland Switzerland Iceland Turkey RO 1973 215 previously: European nuclear energy agency.
Organisation for European economic cooperation.
RO 2009 5383, 2014 1223. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State on May 13, 2014

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