Explanatory Memorandum to COM(2014)658 - Signing and provisional application of the Agreement associating Switzerland to Horizon 2020 and regulating its participation in Fusion for Energy - Main contents
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| dossier | COM(2014)658 - Signing and provisional application of the Agreement associating Switzerland to Horizon 2020 and regulating its ... |
|---|---|
| source | COM(2014)658  |
| date | 24-10-2014 |
On 15 November 2013 the Council authorised the Commission to open negotiations, on behalf of the European Union and the European Atomic Energy Community, with the Swiss Confederation in order to conclude an Agreement between the European Union and European Atomic Energy Community and the Swiss Confederation associating the Swiss Confederation to Horizon 2020 - the Framework Programme for Research and Innovation and the Research and Training Programme of the European Atomic Energy Community complementing Horizon 2020; and regulating Switzerland's participation in the ITER activities carried out by Fusion for Energy.
These negotiations started on 29 November 2013. Further negotiating rounds took place on 5 and 16 December 2013, and 13 January and 12 February 2014. Following the outcome of the Swiss Referendum of 9 February 2014, which had a direct impact on the Swiss ability to sign the Croatia Protocol to the Free Movement of Persons Agreement, negotiations were put on hold.
On 6 May 2014 the Council adopted a Statement on Switzerland, which stipulated that pending the signing of the Protocol, negotiations on the full participation of Switzerland in the two programs [Horizon 2020 and Erasmus+] should be officially suspended. The Council Statement linked the extension of the Free Movement of Persons Agreement to Croatia to ‘full association’, hence opening up the potential for something less than ‘full’ association.
A solution has been found which is in line with the Council’s statement as it provides for less than a full association while preserving a balanced approach of mutual interest which would satisfy both parties, i.e. association to only limited parts of Horizon 2020, namely Pillar 1 (European Research Council, Marie Skłodowska-Curie actions, Future and Emerging Technologies and Research Infrastructures) and actions under Spreading Excellence and Widening Participation, as well as the entire Euratom Programme and ITER. This limited association would become applicable from 15 September 2014 but association to the whole Horizon 2020 Programme would be expanded from 2017 onwards, depending on Switzerland's ratification of the Croatia Protocol to the Free Movement of Persons Agreement.
Furthermore, the negotiating directives which the Council adopted in November 2013 requested the Commission to include two ‘guillotine clauses’ in the Agreement text, linking the association agreement to the Free Movement of Persons Agreement and to the Swiss ratification of the Croatia Protocol to the Free Movement of Persons Agreement. These two guillotine clauses are retained.
This solution was presented to the Research Working Party on 14 July 2014 and was favourably received. Following further negotiations, agreement on the text was reached with Switzerland on 24 July 2014. The text of the Agreement is attached in annex.
The Commission proposes that the Council decides on the signature and provisional application of the Agreement on behalf of the European Union. For the conclusion of the Agreement on behalf of the European Atomic Energy Community, the Commission proposes that the Council gives its approval, pursuant to the second paragraph of Article 101 of the Treaty establishing the EAEC.
The attached proposal is for a Council decision on the signature and provisional application of the Agreement. The Commission proposes that the Council:
– decides on the signature and provisional application of the Agreement on behalf of the European Union.
The proposal for a Council decision is based on Article 186, Article 218 i and Article 218 i of the Treaty on the Functioning of the European Union.
The Legislative Financial Statement presented with this Decision sets out the indicative budgetary implications.
In the light of the above considerations, the Commission requests the Council:
– To decide on the signature and provisional application of the Agreement on behalf of the European Union.
– To authorise the negotiator of the Agreement to sign, on behalf of the European Union, the Agreement for scientific and technological cooperation between the European Union and European Atomic Energy Community and the Swiss Confederation associating the Swiss Confederation to Horizon 2020 - the Framework Programme for Research and Innovation and the Research and Training Programme of the European Atomic Energy Community complementing Horizon 2020; and regulating Switzerland's participation in the ITER activities carried out by Fusion for Energy.