ICA-LV-0137

COOPERATION AGREEMENT
between
THE GOVERNMENT OF THE REPUBLIC OF LATVIA
and
THE EUROPEAN ORGANIZATION FOR NUCLEAR RESEARCH (CERN) concerning
Scientific and Technical Cooperation in High-Energy Physics

2016

The Government of the Republic of Latvia (hereinafter referred to as "GRL"),

on the one hand,

and

The European Organization for Nuclear Research (hereinafter referred to as "CERN"), an Intergovernmental Organization having its seat at Geneva, Switzerland,

on the other hand,

hereafter collectively referred to as "the Parties"

CONSIDERING:

That research in high-energy physics is important for the further development of fundamental science and technological progress;

CERN's intention to strengthen co-operation with States which are not Members of CERN but with whom co-operation has been established;

GRL's interest in participating in the scientific programme of CERN;

The established contacts between CERN and GRL;

The Parties' desire to create a framework to ensure, on a long-term basis, opportunities for participation by researchers, scientists, engineers and research technical staff from the Republic of Latvia in research projects of CERN, and for the provision of such other contributions as the Parties may agree;

The mutual benefit that the Parties expect to result from their cooperation;

HAVE AGREED AS FOLLOWS:

ARTICLE 1
Scope

1.1 This Cooperation Agreement (hereinafter referred to as "the Agreement") constitutes the framework within which the Parties shall, on a basis of reciprocity, further develop their scientific cooperation (such notion as used hereinafter to include any technical cooperation as well).

1.2 The Parties shall use the results of their cooperation for non-military purposes only.

ARTICLE 2
Forms of Cooperation

Subject to Article 4 hereunder, GRL shall support such research projects of CERN for which Scientific Institutes and Higher Education Institutions from the Republic of Latvia have particular expertise, including in the field of experimental and theoretical physics, accelerator and detector engineering, and computing. The support may be in the form of manpower, know-how, equipment, materials, funds or any combination thereof.

ARTICLE 3
Manpower support

3.1 Where the support is in the form of manpower, CERN shall consider applications by researchers, scientists, engineers and research technical staff from the Republic of Latvia for selection and appointment as Associated Member of the Personnel of CERN. CERN may on a case-by-case basis decide to contribute towards meeting their cost of living expenses in the CERN region.

3.2 Researchers, scientists, engineers and students from the Republic of Latvia meeting the eligibility criteria for application may apply to attend the CERN Schools, including the Accelerator School, the Computing School, the European School of Physics and the Summer Student Programme at CERN.

3.3 CERN shall treat all applications in accordance with their merit.

ARTICLE 4
Execution

4.1 The execution of the Agreement is subject to the conclusion of Protocols between CERN and GRL and/or Scientific Institutes and Higher Education Institutions from the Republic of Latvia, detailing, for each research project, the cooperation between the parties to the Protocol in terms of objectives, programme, resources, status of staff, intellectual property, liability and other issues. Each Protocol may be complemented by detailed Addenda.

4.2 The Protocols shall be subject to the terms of the Agreement.

ARTICLE 5
Disputes

5.1 Any dispute concerning the interpretation or application of the Agreement shall be settled by consultation between the Parties.

5.2 Disputes which cannot be settled by consultation shall, unless the Parties agree to another method of settlement, be submitted at the request of any one of them to an arbitration tribunal composed of three members, namely to an arbitrator chosen by the Director-General of CERN or the person acting in his or her stead, an arbitrator chosen by GRL, and a third arbitrator chosen jointly by the two others, who shall be neither an official of CERN nor a national of the Republic of Latvia and who shall be Chairman of the Tribunal.

5.3 The application shall include the name of the arbitrator chosen by the applicant; the respondent shall appoint the second arbitrator and inform the other Party of the latter's name within two months of receiving the application. If the respondent fails to notify the name of the second arbitrator within the said period of two months or if the two arbitrators fail to agree on the choice of a third arbitrator within two months after the second arbitrator having been appointed, the second arbitrator or the third arbitrator, as the case may be, shall be chosen by the President of the International Court of Justice, at the request of whichever Party is the first to apply to the Court.

5.4 The Tribunal shall establish its own rules of procedure. Its decisions shall be binding on the Parties who shall have no right of appeal.

ARTICLE 6
Entry into force and duration

6.1 The Agreement shall enter into force on the date of its signature by the Parties, it being understood that where it is subject to subsequent approval or ratification, it shall enter into force on the date on which the Party concerned has given written notification through diplomatic channels to the other Party that approval or ratification has taken place.

6.2 The Agreement shall remain in force for an initial period of five (5) years and shall thereafter be renewed automatically, each time for a new period of five (5) years, unless a written notice of termination is given through diplomatic channels by one of the Parties to the other, or the Parties have agreed on its renewal by another period, at least six (6) months prior to the renewal date.

Done in Geneva on 31 October 2016 in two original copies, each in the English and the Latvian language, both texts being equally authentic. In the event of divergence regarding the interpretation of the provisions of the Agreement, the text done in English shall prevail.