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RS 0.421.091 Agreement of 10 May 1973 establishing the European Molecular Biology Laboratory (with Annex)

Original Language Title: RS 0.421.091 Accord du 10 mai 1973 instituant le Laboratoire européen de biologie moléculaire (avec annexe)

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0.421.091

Original text

Agreement establishing the European Molecular Biology Laboratory

Geneva, 10 May 1973

Approved by the Federal Assembly on December 12, 1973 1

Instrument of ratification deposited by Switzerland on 14 December 1973

Entered into force for Switzerland on 4 July 1974

(State on 26 September 2014)

The Federal Republic of Germany, the Republic of Austria, the Kingdom of Denmark, the French Republic, the State of Israel, the Italian Republic, the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern Ireland, the Kingdom of Sweden, The Swiss Confederation,

Parties to the Agreement Establishing the European Conference on Molecular Biology (hereinafter referred to as "the MPEC") signed at Geneva on 13 February 1969 2 ;

Whereas international cooperation in the field of molecular biology should be extended by the establishment of a European Molecular Biology Laboratory, and taking note of the proposals submitted for that purpose by The European Molecular Biology Organisation (hereinafter referred to as the "EBM");

Having regard to the decision of 28 June 1972, by which the ECBM approved the project of such a Laboratory in accordance with paragraph 3 of Article Il of the said Agreement, under which specific Projects may be established;

Wishing to specify the terms and conditions under which the Laboratory is established and operated, so that such clauses and conditions are not affected by any amendment to the Agreement Establishing the Bank;

Taking Act Acceptance by the BBM of the provisions of this Agreement which concern it;

Agreed to the following:

Art. I Laboratory Institution

(1) It shall be established by this Agreement a European Molecular Biology Laboratory, an intergovernmental institution, hereinafter referred to as "the Laboratory".

(2) The seat of the Laboratory is in Heidelberg, Federal Republic of Germany.

Art. II Aims and Means

(1) The Laboratory encourages cooperation between European states in basic research, the development of modern instrumentation and the development of in-depth teaching in molecular biology as well as in other fields of To this end, it concentrates its activities on tasks that are neither habitually nor easily carried out in national institutions. The results of the experimental and theoretical work of the Laboratory are published or, in any other way, generally made available.

(2) In order to achieve its goals, the Laboratory shall carry out a programme providing:

(a)
Application of molecular concepts and methods to the investigation of basic biological processes;
(b)
The development and use of instrumentation and technology;
(c)
Provision of work space and research facilities for visiting scientists;
(d)
Extensive training and education.

(3) The Laboratory may create and operate the facilities necessary for its program. The Laboratory includes:

(a)
The equipment necessary to carry out the program pursued by the Laboratory;
(b)
The buildings necessary to house the equipment mentioned in para. (a) above, host the administration of the Laboratory and ensure the performance of its other functions.

(4) The Laboratory organises and sponsors, as widely as possible, international cooperation in the fields and programme of activities defined in s. (1) and (2) of this Article, and in harmony with the General Programme of the ECBM. Such cooperation shall include the promotion of contacts and exchanges between scientists and the dissemination of information. As part of its goals, the Laboratory also strives to cooperate, as widely as possible, with other research institutions, through collaboration and consultation. The Laboratory shall endeavour to avoid duplication with the work carried out by the said institutions.

Art. III Members

The States Parties to this Agreement shall be the member States of the Laboratory.

Art. IV Cooperation

(1) The Laboratory co-operates closely with the MPCC.

(2) The Laboratory may cooperate formally with non-member States, national bodies of these States, international governmental or non-governmental institutions. The establishment, the terms and conditions of such cooperation shall be defined in each case according to the circumstances by the Council acting unanimously by the Member States present and voting.

Art. V Organs

The organs of the Laboratory are the Council and the Director General.

Art. VI The Council

Composition

(1) The Council shall consist of all the Member States of the Laboratory. Each Member State shall be represented by two or more delegates, who may be accompanied by advisers.

The Council shall elect a President and two Vice-Presidents who shall remain in office for a period of one year and who shall not be re-elected more than twice consecutily.

Observers

(2) (a)
States which are not parties to this Agreement may attend meetings of the Council as observers under the following conditions:
(i)
Members of the World Bank:
(ii)
Non-member States of the World Bank: on a decision of the Council adopted unanimously by the Member States present and voting.
(b)
The OEBM and other observers may attend meetings of the Council in accordance with the rules of procedure adopted by the Council under s. (3) (k) of this Article.

Powers

(3) The Council:

(a)
Determines the policy of the Laboratory in the scientific, technical and administrative fields, in particular by means of directives to the Director General;
(b)
Approves an indicative programme implementation plan referred to in paragraph 1. (2) Art. II of this Agreement, and shall determine the duration of the Agreement. In approving this plan, the Council shall, by a unanimous vote of the Member States present and voting, determine a minimum period of participation in the programme and the maximum amount of commitments and expenditure for the period mentioned above. Neither this period nor this amount may be amended thereafter without a Council decision taken unanimously by the Member States present and voting. At the end of the period referred to above, the Council shall determine the maximum number of appropriations for a new period defined by the Council in the same way;
(c)
Adopts the annual budget by a two-thirds majority of the Member States present and voting, provided that all contributions from the Member States constitute at least two thirds of the total contributions to the budget of the Laboratory The Member States present and voting are unanimous in favour of less than one;
(d)
Approves the provisional estimate of expenditure for the following two years by a two-thirds majority of the Member States present and voting;
(e)
Adopt the Financial Regulation of the Laboratory by a two-thirds majority of the Member States present and voting;
(f)
Approves and publishes controlled annual accounts;
(g)
Approves the annual report submitted by the Director General;
(h)
A statue of the necessary staff;
(i)
Adopt by a two-thirds majority of all Member States the Staff Regulations;
(j)
A decision on the establishment of groups and installations of the Laboratory outside its headquarters by a two-thirds majority of the Member States present and voting;
(k)
Adopt its rules of procedure;
1)
Possesses all other powers and performs all other functions necessary for the pursuit of the aims of the Laboratory, as defined in this Agreement.

(4) The Commission may amend the program referred to in subsection (1). (2) Art. This Agreement shall be made by unanimous decision of the Member States present and voting.

Sessions

(5) The Council shall meet at least once a year in ordinary session. It may also meet in extraordinary session. The sessions shall take place at the headquarters of the Laboratory, unless the Council decides otherwise.

Votes

(6) (a)
(i) Each Member State shall have one vote in the Council.
(ii)
States which have signed this Agreement but have not yet ratified, accepted or approved may be represented at the sessions of the Council and participate in its work, without the right to vote, for a period of two years from the date of entry into The effective date of this Agreement in accordance with paragraph 1. (4) (a) Art. XV.
(iii)
A Member State in arrears in the payment of its contributions shall not be entitled to vote at a session of the Council during which the Director-General declares that the amount of his or her late payment is equal to or exceeds the amount of the contributions due by that State For the two previous fiscal years.
(b)
Save as otherwise provided in this Agreement, decisions of the Council shall be taken by a majority of the Member States present and voting.
(c)
The presence of representatives of the majority of all Member States is necessary to constitute a quorum at any session of the Council.

Subsidiary bodies

(7) (a)
The Council shall establish, by a decision taken by a two-thirds majority of all Member States, a Scientific Advisory Committee, a Finance Committee and any other subsidiary body which would prove necessary.
(b)
The decision establishing the Scientific Advisory Committee contains provisions relating to the composition and mandate of the Scientific Advisory Committee, as well as to the rotation of its members, in accordance with Art. VIII of this Agreement and shall also define the terms and conditions of service of its members.
(c)
The decision establishing the Finance Committee or other subsidiary bodies shall contain provisions relating to the composition and mandate of the said bodies.
(d)
The subsidiary bodies shall adopt their own rules of procedure.
Art. VII Director General and staff
(1) (a)
The Council shall appoint, by a two-thirds majority of all Member States, a Director-General for a specified period and may, by the same majority, terminate his or her duties.
(b)
Thereafter, in the event of vacancy, the Council may postpone the appointment of the Director General for such period as he considers necessary. The Board shall, instead of the Director General, designate a person whose powers and responsibilities are determined by the Board.

(2) The Director General shall be the senior executive officer and the legal representative of the Laboratory.

(3) (a)
The Director General shall present to the Council:
(i)
The draft indicative plan referred to in paragraph 1. (3) (b) Art. VI of this Agreement;
(ii)
The budget and provisional estimate referred to in s. (3) (c) and (d) of Art. VI of this Agreement;
(iii)
The annual audited accounts and the annual report provided for in par. (3) (f) and (g) Art. VI of this Agreement.
(b)
The Director General shall forward to the BRC, for consideration, the annual report approved by the Council in accordance with paragraph 1. (3) (g) Art. VI of this Agreement.

(4) The Director General shall be assisted by the scientific, technical, administrative and secretarial staff authorized by the Council.

(5) The Director General shall appoint and dismiss staff. The Council approved the appointment and dismissal of senior staff defined as such by the Staff Regulations. Any appointment and dismissal must be made in accordance with the Staff Regulations. Any person, not part of the staff, invited to work at the Laboratory shall be subject to the authority of the Director General and to all general conditions approved by the Council.

(6) Each Member State shall respect, as far as the Laboratory is concerned, the strictly international character of the responsibilities of the Director General and staff. In carrying out their duties, they shall not seek or receive instructions from any Member State, government or other authority outside the Laboratory.

Art. VIII Scientific Advisory Committee

(1) The Scientific Advisory Committee established pursuant to s. (7) Art. VI of this Agreement shall give advice to the Council, in particular with regard to the Director General's proposals for the implementation of the Laboratory Programme.

(2) The Committee shall consist of eminent scholars appointed on a personal basis and not as representatives of Member States. Committee members should be selected from among scientists from a wide range of relevant scientific disciplines, to cover as much as possible and the field of molecular biology and that of others Appropriate scientific disciplines. The Director General, having duly consulted with the Council of the OEBM and the appropriate national institutions, shall propose to the Council a list of candidates which the Council shall take into consideration when appointing the members of the Committee.

Art. IX Budget

(1) The financial year of the Laboratory short of 1 Er January to 31 December.

(2) The Director General shall submit, on or before October 1 of each year, the examination and approval of the Council with a budget showing detailed estimates of the revenue and expenditure of the Laboratory for the following financial year.

(3) The Laboratory is funded by:

(a)
Financial contributions from the Member States;
(b)
Any donation by the Member States in addition to their financial contributions, unless the Council decides, by a majority vote of two-thirds of the Member States present and voting, that such a donation is incompatible with the aims of the Laboratory, And
(c)
Any other resources, including any donation made by private organisations or individuals, subject to its acceptance by the Council by a two-thirds majority of the Member States present and voting.

(4) The budget of the Laboratory shall be expressed in units of account representing a weight of 0,88867088 grams of fine gold.

Art. X Contributions and Account Verification

(1) Each Member State shall contribute annually to the capital expenditure and current operating expenditure of the Laboratory by the payment of a lump sum in convertible currency, according to a scale fixed every three years by the Council at the A majority of two-thirds of all Member States, and based on the average national income at the cost of the factors of each Member State over the last three calendar years for which statistics are available.

(2) The Council may decide by a two-thirds majority of all Member States to take account of any special circumstances in a Member State and to amend its contribution accordingly. For the purposes of this provision, one considers in particular that there are "special circumstances" Where the national per capita income of a Member State is less than an amount to be determined by the Council by a two-thirds majority, or is such that a Member State is required to contribute more than thirty per cent of the total amount of the Contributions established by the Board in accordance with the scale set out in s. (1) of this Article.

(3) (a)
States, which become parties to this Agreement after 31 December of the year of its entry into force, shall, in addition to their contribution to future capital and operating expenses, make a contribution The special capital expenditure previously incurred by the Laboratory. The amount of this special contribution shall be fixed by the Council by a two-thirds majority of all Member States.
(b)
Any contribution made in accordance with the provisions of para. (a) of this paragraph shall be deducted from the contributions of the other Member States, unless the Council decides otherwise by a two-thirds majority of all the Member States.

(4) If, after the entry into force of this Agreement, a State becomes a party or ceases to be a party to that Agreement, the scale of contributions referred to in s. (1) of this Article is amended. The new schedule is effective at the beginning of the next fiscal year.

(5) The Director General shall notify the Member States of the amount of their annual contributions and, in agreement with the Finance Committee, the payment dates.

(6) The Director General shall maintain the correct accounts of all income and expenditure.

(7) The Board shall appoint auditors to review the accounts of the Laboratory. The Commissioners submit a report on the annual accounts to the Council.

(8) The Director General shall provide the auditors with all information and assistance that they may require in the performance of their duties.

Art. XI Legal status

The Laboratory has legal personality. In particular, it has the capacity to contract, acquire and dispose of movable and immovable property, and to sue. The State in whose territory the Laboratory is situated concludes with the latter a headquarters agreement, subject to the approval of the Council by a two-thirds majority of all the Member States, and defining both the status of the Laboratory and the privileges And immunities of the Laboratory itself and its staff, necessary for the pursuit of the aims and the exercise of the functions of the Laboratory.

Art. XII Dispute Settlement

Any dispute between two or more Member States concerning the interpretation or application of this Agreement, which is not settled by the good offices of the Council, shall, at the request of any of the parties to the dispute, be submitted to the Court International Justice, unless the Member States concerned agree to another method of settlement within a period of three months from the date on which the President of the Council finds that the dispute cannot be resolved by the Good offices of the Council.

Art. XIII Amendments

(1) Any proposal by a Member State to amend this Agreement shall be included in the agenda of the ordinary session of the Council immediately following the filing of the proposal with the Director General. Such a proposal may also be the subject of an extraordinary session.

(2) Any amendment to the Agreement requires the unanimous acceptance of the Member States. They shall notify their acceptance in writing to the Government of Switzerland.

(3) The amendments shall enter into force thirty days after the filing of the last written notification of acceptance.

Art. XIV Dissolution

The Laboratory is dissolved if at any time there are fewer than three Member States. Subject to any agreement which may be concluded between the Member States at the time of dissolution, the State in whose territory the seat of the Laboratory is located shall be responsible for the liquidation. Unless otherwise decided by the Member States, the assets shall be distributed among the States which are members of the Laboratory at the time of dissolution, in proportion to the payments made by them. If there is a liability, the liability shall be borne by the said Member States in proportion to their contributions for the current financial year.

Art. XV Signature, ratification, accession, entry into force

(1) This Agreement shall be open for signature by the member States of the MPEC up to the date of its entry into force in accordance with par. (4) (a) of this Article.

(2) This Agreement shall be subject to ratification, acceptance or approval. Appropriate instruments shall be deposited with the Government of Switzerland.

(3) (a)
Any Member State of the ECBM which is not a signatory to this Agreement may accede to it at any later time.
(b)
The termination of the Agreement Establishing the World Bank shall not prevent the entry into this Agreement of a State, formerly a party to the Agreement Establishing the Bank or in respect of which it has been taken, as per s. (2) Art. III of the latter, a decision to accede to it.
(c)
Instruments of accession shall be deposited with the Government of Switzerland.
(4) (a)
This Agreement shall enter into force when it has been ratified, accepted or approved by the majority of the States listed in the Preamble of this Agreement, including the State in whose territory the seat of the Laboratory is located, and provided that The total contributions of the said States shall represent at least seventy per cent of the total contributions contained in the scale annexed to this Agreement.
(b)
After its entry into force under s. (4) (a) of this Article, this Agreement shall enter into force, for any signatory State which ratifies, accepts or subsequently approves it, on the date of the deposit of its instrument of ratification, acceptance or approval.
(c)
For any State acceding to this Agreement, the Agreement shall enter into force on the date of the deposit of its instrument of accession.
(d) (i) This Agreement shall initially remain in force for a period of seven years. Thereafter, it shall remain in force for an indefinite period unless the Council, no later than one year before the expiry of the seven-year period referred to above, decides by a two-thirds majority of all the Member States and provided that the Contributions of the said Member States shall not constitute less than two-thirds of all contributions to the budget of the Laboratory, to extend this Agreement for a specified period or to terminate it.
(ii)
The termination of the Agreement Establishing the World Bank shall not affect the validity of this Agreement.
Art. XVI Denunciation

(1) After the present Agreement has been in force for a period of six years, any State Party may, subject to the provisions of subs. (3) (b) Art. VI of this Agreement, to denounce it by notification addressed to that effect to the Government of Switzerland. Such denunciation shall take effect at the end of the following financial year.

(2) Any Member State which does not fulfil its obligations under this Agreement may be deprived of its membership by decision of the Council taken by a two-thirds majority of all the Member States. Such a decision shall be notified by the Director-General to the signatory and acceding States.

Art. XVII Notifications and registration

(1) The Government of Switzerland shall notify the signatory and acceding States of:

(a)
All signatures;
(b)
The deposit of any instrument of ratification, acceptance, approval or accession;
(c)
The entry into force of this Agreement;
(d)
Any written acceptance of any amendment notified in accordance with paragraph (3) of Art. XIII of this Agreement;
(e)
The entry into force of any amendment;
(f)
Any denunciation of this Agreement.

(2) On the entry into force of this Agreement, the Government of Switzerland shall register it with the United Nations Secretariat in accordance with Art. 102 of the United Nations Charter 1 .


Art. XVIII Transitional provisions

(1) For the period beginning on the date of entry into force of this Agreement and ending on 31 December, the Council shall take budgetary provisions and the expenditure shall be covered by contributions from the Member States, fixed In accordance with the following two paragraphs.

(2) The States Parties to this Agreement on the date of its entry into force and the States which have become parties to this Agreement before the following 31 December shall together bear all the expenses provided for in the budgetary arrangements that the Council May adopt in accordance with s. (1) of this Article.

(3) The contributions of the States referred to in s. (2) of this Article shall be fixed provisionally, as required, and in accordance with subs. (1) and (2) of Art. X of this Agreement. At the end of the period indicated in par. (1) of this Article, a final allocation of costs between those States shall be made on the basis of actual expenditure. Any amount paid by a State in excess of its final share thus calculated shall be credited to it.

In witness whereof, The undersigned plenipotentiaries, duly authorized to that effect, have signed this Agreement.

Done at Geneva, on 10 May 1973, in the English, French and German languages, the three texts being equally authentic, in a single original copy which shall be deposited in the archives of the Government of Switzerland, which shall deliver certified copies to the All signatory and acceding States.

(Suivent signatures)

Annex

Scale of contributions calculated on the basis of average national income, 1968-1970, published by the United Nations

The scale mentioned here is exclusively for the purposes of s. (4) (a) Art. XV of this Agreement. It shall in no way prejudge decisions to be taken by the Council in accordance with s. (1) of Art. X and relating to future scale of contributions.

In %

Federal Republic of Germany

25,926

Austria

2,063

Denmark

2,282

France

22,585

Israel

0.804

Italy

14,572

Netherlands

4.916

United Kingdom of Great Britain and Northern Ireland

18,508

Sweden

5,039

Switzerland

3,305

100,000


Status on September 26, 2014

Scope of application on 26 September 2014 3

States Parties

Ratification Accession (A)

Entry into force

Germany

10 October

1973

4 July

1974

Austria

26 September

1975

26 September

1975

Belgium

12 October

2010 A

12 October

2010

Croatia

29 August

2006 A

29 August

2006

Denmark

12 November

1973

4 July

1974

Spain

24 November

1987 A

24 November

1987

Finland

19 June

1985 A

19 June

1985

France

4 July

1974

4 July

1974

Greece

13 May

1985 A

13 May

1985

Ireland

21 November

2003 A

21 November

2003

Iceland

26 February

2007 A

26 February

2007

Israel

April 17

1974

4 July

1974

Italy

28 June

1976

28 June

1976

Luxembourg

25 October

2007 A

25 October

2007

Norway

8 October

1986 A

8 October

1986

Netherlands *

13 March

1974

4 July

1974

Portugal

February 11

1999

February 11

1999

Czech Republic

26 May

2014 A

26 May

2014

United Kingdom

11 December

1973

4 July

1974

Sweden

February 15

1974

4 July

1974

Switzerland

14 December

1973

4 July

1974

*

Reservations and declarations, see below.

Reservations and declarations

Netherlands

On the occasion of the signing of the agreement establishing the European Molecular Biology Laboratory today, I have the honour to declare, on behalf of the Government of the Kingdom of the Netherlands, that the agreement will only apply provisionally to the territory of the Kingdom in Europe, but the Government of the Kingdom of the Netherlands, having regard to the equality which exists from the point of view of public law between the Netherlands, Suriname and the Netherlands Antilles, reserves the right to extend, at the request of the Government of Surinam and/or the Government of the Netherlands Antilles, the application of the agreement to these countries Date of deposit of the instrument of ratification of the Kingdom or at a later date.


RO 1974 1332; FF 1973 II 29


1 RO 1974 1331
2 RS 0.421.09
3 RO 1974 1332, 1978 1490, 1985 1339, 1987 801, 1989 131, 2004 4139, 2009 3873, 2014 3203. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on September 26, 2014