Law of Ukraine
"On Ratification of the Associate Member Agreement between Ukraine and the European Organization for Nuclear Research (CERN)"
Date of entry into force:
October 5, 2014
The Associate Member Agreement between Ukraine and the European Organization for Nuclear Research (CERN) (hereinafter referred to as "Agreement") was signed on October 3, 2013 in Geneva.
The Constitution of Ukraine (Article 85, paragraph 32) states that the Verkhovna Rada of Ukraine provides consent for Ukraine to be bound by international agreements. And, according to Article 9 of the Law of Ukraine "On International Agreements of Ukraine", the Agreement is subject to ratification.
The Law ratifies the Agreement.
Article II of the Agreement envisages the following:
- Ukraine can take part in the CERN research program, and its training and education programs;
- Ukraine has the right to be represented at scheduled sessions of the CERN Council, with the exception of closed sessions. The number and qualification of Ukraine's representatives shall correspond to the regulations applied to representation of a member state. Ukraine has no voting rights, but can ask for the floor and make statements without an official invitation to do so;
- Ukraine can be invited by the President of the CERN council, on ad-hoc basis, to be represented at European Strategy sessions of the CERN council as an observer, with the exception of closed sessions;
- Ukraine has the right to be represented at sessions of the CERN Finance Committee;
- Ukraine's research representative in the CERN council can attend sessions of the Scientific Policy Committee in the regular manner, as an observer;
- citizens of Ukraine can apply to be appointed as fixed-term contract employees, senior researchers (research scholarship holders), students, and junior researchers. Their selection and appointment shall correspond to the standard CERN principles and policies, and the Rules and Provision on Staff;
- companies that offer goods and services originating from Ukraine have the right to take part in competitive bidding for CERN contracts, subject to mutatis mutandis, purchasing rules, and CERN procedures.
According to Article III of the Agreement, Ukraine shall make contributions to financing CERN activities, in the amounts and on schedule provided below. The amounts are expressed as a percentage of the theoretical membership fee of Ukraine as a member state, to be determined based on the membership fee calculation formula and methodology, and the scale of fees, respectively. With the exception of the first year, the membership fee shall be calculated and proportionately divided into quarterly fees, starting from/including the quarter in which the Agreement takes effect. Such fee must be paid in full for each financial year, even if Ukraine's status as an associate member covers a shorter period. The fee shall amount to:
- year of entry into force: 10% (proportionately determined on quarterly basis, but at least CHF 250,000);
- each subsequent year: 10% (at least CHF 1,000,000).
To ensure uninterrupted functioning of CERN, equal treatment by the states involved in its activity, and between such states, and independence of CERN staff, Ukraine hereby grants privileges and immunities, and assumes related obligations, as set out in the Annex to the Agreement. Such privileges and immunities are granted in the interest and for the benefit of CERN. If Ukraine concurrently or consequently proceeds to accede to the Protocol on the Privileges and Immunities of the European Organization for Nuclear Research, adopted by the Council on December 19, 2003, and subsequently becomes party thereto, its provisions shall nullify and replace those of the Annex to the Agreement, taking effect on the date of such accession.
Article IV of the Agreement establishes the procedure for its cessation.
The Annex to the Agreement determines privileges and immunities granted to CERN by Ukraine.