21981A1218(03)

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COOPERATION AGREEMENT

BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE KINGDOM OF SWEDEN ON THE INTERCONNECTION OF THE COMMUNITY NETWORK FOR DATA TRANSMISSION ( EURONET ) AND THE SWEDISH DATA NETWORK FOR INFORMATION-RETRIEVAL PURPOSES

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

OF THE ONE PART , AND

THE GOVERNMENT OF THE KINGDOM OF SWEDEN ,

OF THE OTHER PART ,

CONSIDERING THAT DURING THE LAST FEW YEARS , CONSIDERABLE EFFORT HAS BEEN DEVOTED IN EUROPE TO THE FIELD OF DATA TRANSMISSION BY PACKET SWITCHING AS WELL AS TO THE FIELD OF SCIENTIFIC AND TECHNICAL INFORMATION AND DOCUMENTATION IN GENERAL ;

CONSIDERING THAT ON 23 NOVEMBER 1971 AN AGREEMENT ON THE ESTABLISHMENT OF A EUROPEAN INFORMATICS NETWORK ( COST 11 ) WAS CONCLUDED TO PROVIDE FOR DATA TRANSMISSION ON THE BASIS OF PACKET SWITCHING TECHNOLOGY , TO WHICH THE EUROPEAN ATOMIC ENERGY COMMUNITY , THE FEDERAL REPUBLIC OF GERMANY , FRANCE , ITALY , THE NETHERLANDS , NORWAY , PORTUGAL , SWEDEN , SWITZERLAND , THE UNITED KINGDOM AND YUGOSLAVIA EVENTUALLY BECAME PARTIES ;

CONSIDERING THAT THE COUNCIL OF THE EUROPEAN COMMUNITIES ( HEREINAFTER REFERRED TO AS " THE COUNCIL " ) IN ITS RESOLUTION OF 14 JANUARY 1974 ON AN INITIAL OUTLINE PROGRAMME OF THE EUROPEAN COMMUNITIES IN THE FIELD OF SCIENCE AND TECHNOLOGY , EMPHASIZED THAT , WHENEVER IT PROVED NECESSARY OR DESIRABLE THAT THIRD COUNTRIES , PARTICULARLY EUROPEAN ONES , SHOULD BE ASSOCIATED IN PROJECTS UNDER THIS PROGRAMME , STEPS SHOULD BE TAKEN TO MAKE THIS POSSIBLE ;

CONSIDERING THAT THE COUNCIL ON 18 MARCH 1975 , 9 OCTOBER 1978 AND 27 JULY 1981 ADOPTED THREE-YEAR ACTION PLANS IN THE FIELD OF SCIENTIFIC AND TECHNICAL INFORMATION AND DOCUMENTATION PROVIDING NOTABLY FOR THE IMPLEMENTATION OF A DATA TRANSMISSION NETWORK ( HEREINAFTER CALLED " EURONET " ) WHICH SHOULD GIVE USERS WITHIN THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ( HEREINAFTER REFERRED TO AS " MEMBER STATES " ) RELIABLE , RAPID AND LOW-COST ACCESS TO ALL SCIENTIFIC , TECHNICAL , ECONOMIC , LEGAL AND SOCIAL DATA AVAILABLE ;

CONSIDERING THAT BY THE MULTILATERAL CONVENTION , SIGNED ON 11 DECEMBER 1975 , CONCERNING THE IMPLEMENTATION AND EXPLOITATION OF A TELECOMMUNICATIONS NETWORK FOR EURONET , THE TELECOMMUNICATIONS ADMINISTRATIONS OF THE MEMBER STATES DECIDED TO UNDERTAKE SUCH IMPLEMENTATION AND EXPLOITATION AND TO THAT EFFECT ENTRUSTED FRANCE WITH CONCLUDING , WITH THE EUROPEAN ECONOMIC COMMUNITY ( HEREINAFTER REFERRED TO AS " THE COMMUNITY " ) A CONTRACT WHICH WAS SIGNED ON 15 DECEMBER 1975 ;

CONSIDERING THAT THE COUNCIL IN ITS DECISION OF 27 JULY 1981 MADE PROVISIONS FOR THE COMMUNITY TO CONCLUDE COOPERATION AGREEMENTS WITH THIRD COUNTRIES PARTICIPATING IN THE EUROPEAN CONFERENCE OF POSTAL AND TELECOMMUNICATIONS ADMINISTRATIONS ( CEPT ) ;

CONSIDERING THAT SWEDEN HAS FOR SEVERAL YEARS PARTICIPATED IN THE DEVELOPMENT OF INFORMATION SCIENCE , PARTICULARLY ON-LINE INFORMATION RETRIEVAL SERVICES WITHIN THE NORDIC COUNTRIES ( SCANNET ) ;

CONSIDERING THAT THE SWEDISH TELECOMMUNICATIONS ADMINISTRATION HAS ESTABLISHED A PUBLIC PACKET SWITCHING DATA TRANSMISSION NETWORK FOR ON-LINE INFORMATION RETRIEVAL PURPOSES IN SWEDEN ( HEREINAFTER CALLED " THE SWEDISH DATA NETWORK " ) WHICH WAS INAUGURATED ON 14 SEPTEMBER 1979 ;

RECALLING THAT SWEDEN IS A MEMBER OF THE EUROPEAN SPACE AGENCY AND THAT COOPERATION EXISTS BETWEEN THE COMMUNITY AND THE EUROPEAN SPACE AGENCY ON EURONET ;

RECOGNIZING THAT IT WOULD BE IN THE MUTUAL INTEREST OF THE CONTRACTING PARTIES TO THIS AGREEMENT TO INTERCONNECT THE SWEDISH DATA NETWORK AND EURONET IN ORDER TO PROVIDE USERS IN SWEDEN WITH THE MEANS TO GAIN ACCESS TO INFORMATION SERVICES ESTABLISHED IN THE MEMBER STATES AND TO PROVIDE USERS IN THE MEMBER STATES WITH THE MEANS TO GAIN ACCESS TO INFORMATION SERVICES ESTABLISHED IN SWEDEN AND , MOREOVER , TO EXAMINE HOW TO FACILITATE THE MARKETING OF SUCH INFORMATION SERVICES BOTH IN SWEDEN AND IN THE MEMBER STATES ,

HAVE AGREED AS FOLLOWS :

ARTICLE I

THIS AGREEMENT PROVIDES THE GENERAL FRAMEWORK FOR COOPERATION IN THE FIELD OF INFORMATION SERVICES AND IN PARTICULAR FOR THE INTERCONNECTION OF EURONET AND THE SWEDISH DATA NETWORK FOR THE PURPOSE OF PROVIDING MUTUAL ACCESS TO PUBLICLY AVAILABLE INFORMATION SERVICES . THE MEASURES NECESSARY TO PUT THIS COOPERATION INTO EFFECT WILL BE TAKEN IN :

- AN OPERATING ARRANGEMENT TO BE CONCLUDED BETWEEN THE TELECOMMUNICATIONS ADMINISTRATIONS PARTICIPATING IN EURONET AND THE SWEDISH TELECOMMUNICATIONS ADMINISTRATION ,

- AN INFORMATION SERVICE ARRANGEMENT TO BE CONCLUDED BETWEEN THE COMMUNITY AND THE SWEDISH DELEGATION FOR SCIENTIFIC AND TECHNICAL INFORMATION .

USERS IN THE MEMBER STATES SHALL BE OFFERED , THROUGH EURONET , ACCESS TO THE SWEDISH DATA NETWORK AND USERS IN SWEDEN SHALL BE OFFERED , THROUGH THE SWEDISH DATA NETWORK , ACCESS TO EURONET . SUBJECT TO NATIONAL LAW , IN PARTICULAR LAW GOVERNING ACCESS TO DATA BASES , HOST COMPUTERS IN THE MEMBER STATES AND IN SWEDEN SHALL BE OFFERED SIMILAR POSSIBILITIES OF CONNECTION TO THE INTERCONNECTED NETWORKS . LIKEWISE SUBJECT TO NATIONAL LAW AND REGULATIONS , CONNECTIONS OF USERS AND HOST COMPUTERS SHALL BE PROVIDED IN A NON-DISCRIMINATORY MANNER AND ON THE BASIS OF RECIPROCITY .

ARTICLE II

THE OPERATING ARRANGEMENT BETWEEN THE TELECOMMUNICATIONS ADMINISTRATIONS REFERRED TO IN ARTICLE I SHALL CONTAIN INTER ALIA THE TECHNICAL REQUIREMENTS FOR , AND THE FINANCIAL IMPLICATIONS RESULTING FROM , THE INTERCONNECTION OF THE TWO TELECOMMUNICATIONS NETWORKS . THE INFORMATION SERVICE ARRANGEMENT BETWEEN THE COMMUNITY AND THE SWEDISH DELEGATION FOR SCIENTIFIC AND TECHNICAL INFORMATION REFERRED TO IN ARTICLE I SHALL CONTAIN INTER ALIA PROVISIONS FOR THE FUNCTIONING AND DEVELOPMENT OF THE SERVICES OFFERED THROUGH THE NETWORKS , LAY DOWN THE PRINCIPLES FOR THE PROPOSED COOPERATION BETWEEN THE PARTIES AND DEFINE THEIR RESPECTIVE CONTRIBUTIONS .

ARTICLE III

IN ORDER TO SAFEGUARD THE INTERESTS OF THE USERS AND TO ENSURE EFFICIENT AND LOW-COST FUNCTIONING OF THE NETWORKS , AS WELL AS COMPETITIVE SERVICES , EACH CONTRACTING PARTY SHALL USE ITS BEST ENDEAVOURS TO ENSURE THAT OPERATORS OF HOST COMPUTERS CONNECTED TO THE INTERCONNECTED NETWORKS RESPECT A CODE OF CONDUCT AS CLOSELY AS POSSIBLE IN LINE WITH THE JOINT DECLARATION OF INTENT APPEARING IN THE ANNEX TO THIS AGREEMENT .

ARTICLE IV

THE CONTRACTING PARTIES SHALL ENCOURAGE COOPERATION FOR THE FURTHER DEVELOPMENT OF SPECIFICATIONS , SERVICES , FACILITIES AND USER ASSISTANCE . THEY SHALL ENCOURAGE COOPERATION BETWEEN GROUPS OF HOST COMPUTER OPERATORS AND BETWEEN GROUPS OF USERS . THE COMMUNITY SHALL USE ITS BEST ENDEAVOURS TO FACILITATE THE PARTICIPATION OF SWEDISH HOST COMPUTER OPERATORS IN THE MEETINGS OF THE COMMITTEE OF HOST COMPUTER OPERATORS IN EURONET , REFERRED TO IN THE ANNEX , AS WELL AS THE PARTICIPATION OF SWEDISH USERS IN EURONET USER GROUPS .

ARTICLE V

THE CONTRACTING PARTIES SHALL KEEP EACH OTHER INFORMED OF PROGRESS ACHIEVED WITHIN THE FRAMEWORK OF THIS AGREEMENT . IN PARTICULAR , THEY SHALL AS EARLY AS POSSIBLE EXCHANGE INFORMATION RELATING TO ENVISAGED CONNECTIONS OF HOST COMPUTERS AND DATA BANKS OR BASES .

ARTICLE VI

ANY EXTENSION OF EURONET TO COUNTRIES NOT MEMBERS OF THE COMMUNITY SHALL BE SUBJECT TO PRIOR CONSULTATION BETWEEN THE CONTRACTING PARTIES , IN PARTICULAR AS REGARDS THE CONSEQUENCES OF SUCH EXTENSION BOTH FOR THE RELATIONS BETWEEN SWEDEN AND THE COMMUNITY AND FOR THOSE THE TWO PARTIES WILL HAVE WITH THE COUNTRIES IN QUESTION .

ARTICLE VII

EACH CONTRACTING PARTY IS FREE TO CONNECT TO ITS NETWORK OTHER NETWORKS , HOST COMPUTERS AND USERS SITUATED OUTSIDE SWEDEN AND THE MEMBER STATES . FURTHER CONNECTION OF SUCH EXTENSIONS TO THE NETWORK OF THE OTHER CONTRACTING PARTY REQUIRES PRIOR AGREEMENT BETWEEN THE CONTRACTING PARTIES AND , WHERE APPROPRIATE , CONSENT BY THE TELECOMMUNICATIONS ADMINISTRATIONS INVOLVED .

ARTICLE VIII

THIS AGREEMENT DOES NOT AFFECT THE RIGHT OF THE SWEDISH TELECOMMUNICATIONS ADMINISTRATION TO USE THE SWEDISH DATA NETWORK FOR TRAFFIC INDEPENDENT OF EURONET .

ARTICLE IX

IN THE EVENT OF A DISPUTE CONCERNING THE INTERPRETATION OR APPLICATION OF THIS AGREEMENT , SUCH DISPUTE SHALL BE THE SUBJECT OF CONSULTATIONS BETWEEN THE CONTRACTING PARTIES .

ARTICLE X

THIS AGREEMENT SHALL BE APPROVED BY THE CONTRACTING PARTIES IN ACCORDANCE WITH THEIR OWN PROCEDURES . IT SHALL ENTER INTO FORCE ON THE DAY WHEN THE CONTRACTING PARTIES HAVE NOTIFIED EACH OTHER THAT THE PROCEDURES NECESSARY TO THIS END HAVE BEEN COMPLETED .

ARTICLE XI

THIS AGREEMENT SHALL EXPIRE ON 31 DECEMBER 1983 . AT THE INITIATIVE OF EITHER CONTRACTING PARTY , HOWEVER , THIS AGREEMENT MAY BE TERMINATED AT AN EARLIER DATE , PROVIDED THAT ONE YEAR'S PRIOR NOTICE BE GIVEN TO THE OTHER CONTRACTING PARTY .

ARTICLE XII

THIS AGREEMENT IS DRAWN UP IN DUPLICATE , IN THE DANISH , DUTCH , ENGLISH , FRENCH , GERMAN , GREEK , ITALIAN AND SWEDISH LANGUAGES , EACH TEXT BEING EQUALLY AUTHENTIC .

DONE AT BRUSSELS , ...

FOR THE COUNCIL OF THE EUROPEAN COMMUNITIES

FOR THE GOVERNMENT OF THE KINGDOM OF SWEDEN

ANNEX

JOINT DECLARATION OF INTENT CONCERNING OPERATORS OF HOST COMPUTERS TO BE CONNECTED TO EURONET AS REFERRED TO IN ARTICLE III OF THE COOPERATION AGREEMENT

1 . THE HOST COMPUTER OPERATOR , HEREINAFTER CALLED " THE HOST " , HAS SOLE RESPONSIBILITY REGARDING THE OPERATION OF HIS SERVICES VIA THE NETWORK .

2 . THE HOST WILL NOT DISCRIMINATE AGAINST USERS OF EURONET WITH REGARD TO THEIR NATIONALITY . SHOULD EXISTING CONTRACTS OR INTERNATIONAL AGREEMENTS CONTAIN DISCRIMINATORY PROVISIONS , THE HOST WILL INFORM THE COMPETENT AUTHORITIES THEREOF AND ENDEAVOUR TO MODIFY THEM .

3 . UNFAIR COMPETITION WILL BE AVOIDED . IF NECESSARY , THE HOST MAY BE INVITED TO PROVIDE EXPLANATIONS ON THIS SUBJECT BY THE COMPETENT AUTHORITIES IN HIS OWN COUNTRY .

4 . THE HOST WILL BEAR IN MIND THE PRINCIPLE THAT FOR INFORMATION SERVICES , CHARGES SHOULD BE AS LOW AS POSSIBLE , AND AS FAR AS POSSIBLE TAKE THIS INTO ACCOUNT IN HIS PRICING POLICY .

5 . THE HOST WILL PARTICIPATE IN EFFORTS WHICH AIM AT GRADUAL HARMONIZATION OF SERVICES . HE WILL IN PARTICULAR CONSIDER :

- IMPLEMENTATION OF THE STANDARD COMMAND SET FOR HIS INFORMATION RETRIEVAL SYSTEM AS SET OUT IN " EURONET GUIDELINES : STANDARD COMMANDS FOR INFORMATION RETRIEVAL SYSTEMS " ,

- GRADUAL HARMONIZATION OF GENERAL CONDITIONS OF SALE , TO BE DEVELOPED IN COOPERATION ,

- GRADUAL ADAPTATION OF INSTRUCTION MANUALS ,

- SIMPLIFICATION OF USER ACCESS PROCEDURES AND INVOICING .

6 . THE HOST WILL CONSIDER MEASURES FOR EFFICIENT EURONET-WIDE MARKETING OF HIS SERVICES AND TRAINING OF USERS THEREOF .

7 . SO AS TO PROVIDE FOR APPROPRIATE COOPERATION , THE HOST AGREES TO PARTICIPATE IN THE WORK OF A COMMITTEE WHICH WILL MEET REGULARLY TO VOICE THE HOSTS' OPINIONS ON ALL NETWORK-RELATED MATTERS AND MAKE APPROPRIATE RECOMMENDATIONS WHICH WILL BE FORWARDED TO THE COMPETENT AUTHORITIES OF THE COUNTRIES PARTICIPATING IN EURONET . EACH PARTICIPANT WILL BEAR THE COSTS OF HIS PARTICIPATION AT MEETINGS OF THE COMMITTEE .

8 . THE HOST WILL NAME HIS REPRESENTATIVE TO THIS COMMITTEE WITHIN THREE MONTHS OF THE DATE OF THE CONCLUSION OF THE AGREEMENT PROVIDING FOR HIS CONNECTION TO EURONET ; HE WILL ALSO NAME WITHIN THIS PERIOD ANY OTHER REPRESENTATIVE RESPONSIBLE FOR EURONET-RELATED MATTERS , AND SPECIFY HIS AREA OF RESPONSIBILITY .

9 . WITHIN THE SAME PERIOD , THE HOST WILL PROVIDE THE COMPETENT AUTHORITIES IN HIS COUNTRY WITH A PROVISIONAL DESCRIPTION OF THE DATA BASES AND DERIVABLE SERVICES WHICH HE INTENDS TO OFFER . THIS DESCRIPTION WILL COMPLY AS FAR AS POSSIBLE WITH THAT OF DATA BASE SERVICES AS SET OUT IN " EURONET GUIDELINES FOR COOPERATION BETWEEN DATA BASE SUPPLIERS AND HOST ORGANIZATIONS " . THE DESCRIPTION WILL IN PARTICULAR PRESENT THE DATA BASES , DERIVABLE SERVICES AND CHARGES TO BE LEVIED . A FINAL DESCRIPTION OF THE SERVICES WILL BE COMMUNICATED TO THE COMPETENT AUTHORITIES AT THE LATEST THREE MONTHS BEFORE THE START OF OPERATIONS .

10 . THE HOST WILL STRIVE TO ANNOUNCE ANY SUBSTANTIAL CHANGE IN THE NATURE OF THE SPECIFIED SERVICES THREE MONTHS IN ADVANCE AND TO INFORM THE COMPETENT AUTHORITIES OF HIS COUNTRY ACCORDINGLY .

11 . IF THE HOST INTENDS TO USE HIS CONNECTION TO EURONET ALSO FOR PURPOSES OTHER THAN THOSE COVERED BY THE COOPERATION AGREEMENT , HE WILL INFORM THE COMPETENT AUTHORITIES OF HIS COUNTRY ACCORDINGLY .

12 . SO AS TO ALLOW THE COMPETENT AUTHORITIES TO ADAPT THE NETWORK TO REQUIREMENTS , THE HOST WILL PROVIDE , AT LEAST ANNUALLY , APPROPRIATE STATISTICS ON HIS EURONET SERVICES , SUCH AS TRAFFIC , NUMBER OF SUBSCRIBERS , ETC .