Advanced Search

RS 0.424.22 Agreement of 13 November 2008 between the Swiss Federal Council and the Max von Laue-Paul Langevin Institute (ILL) on the scientific participation of Switzerland (with Annex)

Original Language Title: RS 0.424.22 Accord du 13 novembre 2008 entre le Conseil fédéral suisse et l’Institut Max von Laue-Paul Langevin (ILL) relatif à la participation scientifique de la Suisse (avec annexe)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.424.22

Translation 1

Agreement between the Swiss Federal Council and the Max von Laue-Paul Langevin Institute (ILL) on the scientific participation of Switzerland

Concluded on 13 November 2008

Entered into force on 1 Er January 2009

(State 1 Er January 2013)

The Swiss Federal Council

Represented by the State Secretariat for Education and Research 2 , Berne, Switzerland, (hereinafter "Swiss Partner")

And

Max von Laue Institute-Paul Langevin, ILL, Grenoble, France

Represented by its Director, Prof. Richard Wagner,

And by its Head of Administration, Amin Saidoun,

(hereinafter 'ILL'),

Acknowledging the success of the participation of the Swiss Neutron scattering community in the scientific life of the ILL, and in order to further extend the possibilities of Swiss scientists active in the field of neutron scattering Work at the Réactor à Haut Flux de Grenoble;

Considering the fruitful collaboration and contributions made by Switzerland since 1988 and the success of the implementation of the Agreement of 13 May 2004 on scientific participation 3 , running until 31 December 2008;

Wishing to extend the participation for a further five-year period,

Have concluded an agreement, recognizing each other's empowerment to do so,

Which is governed by the following provisions:

First Using ILL
1.1
The ILL Director is considering an operating program of the order of 5600 instrument days per year.
1.2
Users of Switzerland have the same right of access to ILL time as the users of the ILL member countries. Scientists in Switzerland will therefore be able to submit experimental proposals either on their own behalf or in collaboration with scientists from other countries.
1.3
The beam time will be allocated by the ILL Director on the basis of scientific merit judged through peer review. The Swiss Partner shall be entitled to a portion of the available beam time for scientific purposes within the limits of his contribution, but restricted to his variable contribution to the expenditure budget of the ILL according to the average established on the The period of validity of this Agreement at the 2008 prices (see Annex).
1.4
Proposals will be evaluated by sub-committees composed of qualified scientists, reporting to the ILL Scientific Council. Successful proposals will receive the same technical and other support as proposals from the ILL member countries. The beam time allocated to groups from countries not participating in ILL but working with Swiss scientists will be counted in the same way as for the member countries in the same situation.
1.5
If a prolonged shutdown of the reactor of one year or more was to occur during the period of validity of this Agreement, the Swiss Partner reserves the right to obtain by mutual agreement compensation proportional to the beam time it will have Been private.
Second Financial provisions
2.1
Contribution
The Swiss Partner will pay an annual fee, excluding taxes, for its scientific participation in the ILL, as specified in the Annex.
Three months before the end of 2011, at the latest, the Director of the ILL and the representatives of the Swiss Partner will carry out a review of the beam time requested by the Swiss Partner and awarded to him during the first three months Years, in order to define the conditions for a readjustment of the percentage of his beam time that he will have to pay in the remaining two years. All exceptional developments concerning the change in costs will be taken into account.
2.2
Payment
Annual contributions will be solicited and paid as provided in the Annex. Calls for funds will be issued at least 60 days prior to the payment due date.
Other arrangements for payment may be agreed upon on a case-by-case basis between the Director and Scientific Members.
2.3
Modalities
On behalf of the Associates and Scientific Members, the ILL will invest prudently the funds that it will not need immediately, so that it can meet its financial obligations.
At the end of each quarter, interest earned for the same quarter will be apportioned between the Associates and the Scientific Members in proportion to their grants/contributions in time. The share of interest accruing to the Swiss Partner will be determined annually, in accordance with its payment system. If the Swiss Partner had to fail to pay his contribution on time, he would not receive any interest for the year concerned.
The ILL is authorized to collect interest at the legal rate of the loans in effect in France on the part of the contribution which has not been paid three months after the date set out in the Annex.
All contributions received from the Swiss Partner will be used first and foremost to offset or reduce the amounts due under previous Fund calls.
The contribution of the Swiss Partner will be included in the budget of the ILL and subject to the general rules applicable to this budget. A separate or separate budget account will not be established to account for this amount. During the period of validity of this Agreement, the Swiss Partner shall receive the documents circulated to the ILL Steering Committee, including the final annual accounts and the report of the Audit Commission of the ILL
Third Participation in Committees
3.1
The Swiss Partner will be eligible to send an observer to the meetings of the ILL Steering Committee. The Swiss Partner shall inform the Director of ILL in writing of the person designated for that purpose and the Director shall inform the members of the Steering Committee accordingly.
3.2
The Swiss Partner will also participate in the scientific life of ILL through a representation in the ILL Scientific Committee and its sub-committees. The Swiss Partner, in agreement with the Director of ILL, will propose a scientist as a member of the Scientific Council. Members are appointed by the ILL Steering Committee for a period of two years. Membership is normally lost if a member fails to attend meetings of the Scientific Council twice.
3.3
After agreement with the Director of ILL, the Swiss Partner may designate three scientists as members of the Scientific Council sub-committees responsible for peer review of the proposals for experimentation and Recommendations for the development of instruments.
3.4
All the scientific members of the ILL jointly call:
-
An observer to the sub-committee on administrative matters; and
-
An observer at the open sessions of the Associates meetings.
Fourth Spending for visiting researchers
The Swiss scientists whose proposals will have been selected will be reimbursed for their travel and living expenses, in accordance with the rules in force at ILL, to conduct their experiments in Grenoble.
Fifth Eligibility for ILL positions
5.1
Scientists from Switzerland will be considered for appointments in the scientific field at ILL, covering post-doctoral positions and doctoral positions. The competition for term positions will be announced to the Swiss Partner in order to allow Swiss scientists to apply. In addition, ILL will undertake specific activities in conjunction with Swiss research institutes and universities to encourage Swiss scientists to work at ILL.
5.2
The ILL will host students undertaking neutron thesis projects and will provide financial support for a doctoral position during the life of this Agreement.
5.3
In addition, the ILL doctoral program will allow Swiss students at ILL to apply for a PhD position at ILL to undertake a neutron-diffusion thesis project. Scientists from Swiss universities and research institutes will be eligible for ILL doctoral fellowships. Research proposals will be evaluated and selected on the basis of scientific merit through a peer review process.
Sixth MAF Instruments
The Swiss Partner will be allowed to operate a MAF instrument at ILL, in accordance with the rules in force at ILL.
Seventh Contracting
7.1
The Swiss companies and institutions will be taken into account in ILL tenders in the same way as the ILL member countries.
7.2
The ILL management will inform the Swiss Partner of the type of equipment that ILL is likely to require in the next few years. For its part, the Swiss Partner will help the ILL to maintain a list of potential Swiss suppliers who are likely to have the necessary skills and experience to work in connection with ILL projects.
7.3
The management of the ILL will invite the Swiss suppliers to respond to calls for tenders if it considers that they have sufficient technical competence and experience.
Eighth Exchange of information
The exchanges of personnel and information between the Swiss universities and/or research institutions and the ILL will take place on the same basis as the exchange between ILL and the four ILL Associates. Therefore, and in a non-restrictive manner, this exchange of information extends to:
-
The selection of permanent and fixed-term scientific positions and the positions of engineers and technicians; and
-
The selection of long-term or short-term scientific positions for visiting scientists.
Ninth Duration
This Agreement covers the period of 1 Er January 2009 to December 31, 2013. The Swiss Partner and the ILL agree to enter into negotiations on an extension of this Agreement one year before its expiry, at the latest.
Sixth Arbitration Annex to the Swiss Scientific Participation Agreement
à l' ILL (2009 to 2013) Contribution Payment
The Swiss Partner and the ILL will endeavour to amicably settle any disputes that may arise. If they fail to do so, the Swiss Partner and the ILL Director will jointly appoint an arbitrator whose decision will be binding on both Parties.

This Agreement has been drawn up in two copies in English.

Annex to the Agreement on Scientific Participation of Switzerland at ILL (2009 to 2013)


Contribution

As agreed between the Scientific Partners and the ILL, the annual contribution includes a fixed contribution as compensation for the investments and future obligations of the member countries of the ILL.

The basis for calculating the variable share of the contribution is the 2008 approved budget, which provides for a total expenditure of € 82,391.

The annual variable contribution shall be indexed to inflation at a rate of 2 % for each year of the term of this Agreement. If the previous year's price index (all categories, but excluding food and energy) for France as published by the OECD in its "Main Economic Indicators" deviates from those 2 %, the Scientific Partner has the possibility either Adjust the overall contribution to the ILL, or accept that the ILL adapts the allocated beam time after careful analysis.

In accordance with the provisions of Art. 1.3 and 2.1, the table below reflects the annual nominal contributions (i.e., including the fixed contribution and inflation indexation) of the Swiss Partner to the ILL:

Year

2009

2010

2011

2012

2013

Total

M€

2,988

3,028

3,069

3,110

3.151

15.346


Payment

Contributions will be subject to a single annual funding appeal and will be payable in a single annual payment. Payments will have to be made on the ILL accounts on 1 Er July. The call for funds will be issued at least 60 days before this date.

In accordance with the provision of Art. 2.2, para. 2, the ILL and the Swiss Partner agree to the following payment profile:

Year

2009

2010

2011

2012

2013

Total

M€

2,650

3,088

3.120

3,258

3,230

15.346


1 Translation of original English text.
2 Currently: State Secretariat for Training, Research and Innovation (see RO 2012 3631 ).
3 Not published to OR.


State 1 Er January 2013