International Atomic Energy Agency
(Unofficial electronic edition)
Text of the Agreement between the International
Atomic Energy Agency, the United Nations Educational, Scientific
and Cultural Organization and the Government of the Republic of
Italy concerning the International Centre for Theoretical Physics
- The text of the Agreement between the International Atomic
Energy Agency, the United Nations Educational, Scientific and
Cultural Organization and the Government of the Republic of
Italy concerning the International Centre for Theoretical Physics
at Trieste is reproduced in this document for the information of
all Members. The Agreement was approved by the Agency's
Board of Governors on 25 February 1993, by the UNESCO General
Conference on 16 November 1993, and ratified by the Italian
Parliament on 2 January 1995.
- The Agreement entered into force, pursuant to Article 13, on
1 January 1996.
Agreement between the International Atomic Energy Agency, the
United Nations Educational, Scientific and Cultural Organization
and the Government of the Republic of Italy Concerning the
International Centre for Theoretical Physics at Trieste
WHEREAS the International Centre for Theoretical Physics
(hereinafter referred to as the "Centre") is governed by the
Agreement between the International Atomic Energy Agency and the
Government of the Republic of Italy Concerning the Seat of the
International Centre for Theoretical Physics (hereinafter
referred to as the "Seat Agreement" (reproduced in document
INFCIRC/114)) which entered into force on
15 June 1968; the Agreement between the International Atomic
Energy Agency and the United Nations Educational, Scientific and
Cultural Organization Concerning the Joint Operation of the
International Centre for Theoretical Physics at Trieste
(hereinafter referred to as the "Joint Operation Agreement"
(reproduced in document INFCIRC/132))
which entered into force on 1 January 1970; and the Exchange of
Letters between the International Atomic Energy Agency
(hereinafter referred to as the "Agency") the United Nations
Educational, Scientific and Cultural Organization (hereinafter
referred to as "UNESCO") and the Government of the Republic of
Italy (hereinafter referred to as the "Italian Government")
concerning the financing of Centre signed on 11 December 1990;
WHEREAS pursuant to the Joint Operation Agreement the
administration of the Centre is carried out by the Agency on
behalf of UNESCO and itself;
WHEREAS the Agency and UNESCO consider that it is desirable,
having regard to their respective mandates, to transfer the
administration of the Centre from the Agency to UNESCO;
WHEREAS the Agency, UNESCO and the Italian Government desire to
make permanent arrangement for the financing of the Centre;
WHEREAS pursuant to the foregoing it is necessary to effect
consequential amendments to the Seat Agreement and to the Joint
BEARING IN MIND the outstanding contribution that Professor Abdus
Salam, the Nobel-prize-winner, has made to the creation and
development of the Centre;
NOW, THEREFORE, the Agency, UNESCO and the Italian Government
have agreed as follows:
UNESCO shall replace the Agency as a party to, and shall take
over all rights and obligations of the Agency under the existing
Seat Agreement on the understanding that the relevant provisions
of the Agreement on the Privileges and Immunities of the Agency
shall continue to be applicable, mutatis mutandis, with regard to
the Centre after its transfer to UNESCO. Accordingly, the words
"the Agency" are replaced as appropriate with "UNESCO" in the
existing Seat Agreement.
The Centre shall have an organizational framework consisting
of the following:
- the Steering Committee,
- the Director
- the Scientific Council
The Steering Committee
- Steering Committee shall be composed of the following
- one high level representative
designated by the Director-General of UNESCO;
- one high level representative designated by
the Director General of the Agency;
- one high level representative designated
by the Italian Government;
- such other members as may be appointed by the Steering
Committee in order to ensure appropriate representation of those
countries or institutions having made particularly important
contributions to or having a particular interest in the
activities of the Centre;
- the Director who shall also be ex officio Chairperson of
the Steering Committee.
- The representatives mentioned in paragraphs l(a) and (b) of
this Article, may be accompanied by experts.
- The Chairperson of the Scientific Council shall attend
meetings of the Steering Committee in an advisory capacity.
Functions of the Steering Committee
The functions of the Steering Committee shall be:
- to formulate the general guidelines for Centre's
activities, taking into account its objectives as specified in
the Joint Operation Agreement;
- subject to the budgetary appropriation by the respective
competent organs, to determine:
- the annual level of the budget;
- the level of respective contributions;
- the financial plans;
- how the funds available for the operation of the Centre
are to be used;
- to consider the proposals of the Director for the
programme, work plans, financial plans, and budget proposals of
the Centre and to take decisions thereon;
- to consider the annual and other reports of the Director
on the activities of the Centre;
- to submit a report on the Centre's activities to UNESCO
and the Agency;
- to recommend to the Director General of UNESCO the
names of candidates for the post of the Director of the Centre;
- adopt its own rules of procedure, which shall include
the following provisions: the Steering Committee shall normally
meet twice a year; the decisions of the Steering Committee shall
be taken by a two third majority except in cases concerning the
level of contributions in which case decisions shall require the
consent of each contributor concerned.
- The Director-General of UNESCO shall, in consultation with
the Director General of the Agency and the Italian Government,
appoint from among the candidates recommended by the Steering
Committee the Director of the Centre for a period of five years,
- The Director shall be the chief academic and administrative
officer of the Centre. In this capacity, the Director shall,
- administer the Centre;
- prepare proposals for the general activities and work
plans of the Centre taking into account the advice of the
Scientific Council for submission to the Steering Committee for
- prepare the financial plans and budget proposals of the
Centre for submission to the Steering Committee for its approval;
- execute the work programmes of the Centre and make
payments within the framework of general guidelines and specific
decisions adopted by the Steering Committee in accordance with
the provisions of Article 4.
- The Director shall have such other functions and powers as
may be prescribed by the provisions of the present Agreement, the
Joint Operation Agreement, the Seat Agreement and other relevant
instruments or as may be entrusted to him/her pursuant to the
authority delegated to him/her by the Director-General of UNESCO.
The Scientific Council
- There shall be a Scientific Council, established on a broad
geographical basis, composed of up to 12 distinguished
specialists in the disciplines relevant to the Centre's
activities and sitting in a personal capacity.
- The Chairperson of the Scientific Council shall be appointed
jointly by the Directors General of UNESCO and the Agency, after
consultations with the Steering Committee and the Director of
the Centre. He or she shall be appointed for four years and
shall be eligible for reappointment.
- The remaining members shall be appointed by the Director of
the Centre after consultations with the Chairperson of the
Scientific Council for four years and shall be eligible for
- UNESCO, the Agency and the Italian Government may send
specialists in scientific programmes to attend meetings of the
Functions of the Scientific Council
- The Council shall advise the Centre on its programmes of
activity having due regard to major academic, scientific,
educational and cultural trends in the world relevant to the
- The Steering Committee and the Director may request the
Scientific Council for advice on more specific issues.
- The Council shall adopt its own rules of procedure. The
Council shall normally meet once a year.
- UNESCO, the Agency and the Italian Government agree to
contribute to the Centre's budget as specified in this Article.
- The level of contributions of UNESCO and the Agency to the
Centre shall, subject to the budgetary appropriation approved by
their competent organs, be not lower than that agreed in the
Exchange of Letters dated 11 December 1990, augmented by the
respective inflation factor employed by each organization in the
calculation of its budget.
- The Italian Government shall maintain its financial
contributions to the Centre at a level not lower than that
specified in the same Exchange of Letters or any higher
contribution decided upon by the Steering Committee in accordance
with Article 4(g).
- The Exchange of Letters dated 11 December 1990 shall be
terminated on the date of the entry into force of this Agreement.
- The funds set aside for the operation of the Centre shall
consist of the allocations determined by the General Conference
of UNESCO, the General Conference of the Agency, the
contributions of the Italian Government, and of such subventions,
gifts and bequests as are allocated to it by other
United Nations agencies, governments, public or private
organizations, associations or individuals.
- Funds allocated for the operation of the Centre shall be
paid into a special account to be set up by the Director-General
of the UNESCO, in accordance with the relevant provisions of the
organization's Financial Regulations. This special account shall
be operated and the Centre's budget administered in accordance
with the above-mentioned provisions.
Transfer of assets and liabilities
Upon the entry into force of the present Agreement, UNESCO
shall take over from the Agency all assets, including property,
and liabilities pertaining to the Centre, in accordance with
arrangements to be made between the two Parties.
Transfer of staff
- The transfer of the Agency's staff members posted at the
Centre to UNESCO shall be carried out by arrangement between the
two organizations, taking into account the present Agreement, the
Joint Operation Agreement and, for all matters not expressly
agreed between UNESCO and the Agency, the relevant provisions of
the Inter-organization Agreement Concerning Transfer,
Secondment or Loan of Staff Among the Organizations Applying the
United Nations Common System of Salaries and Allowances, it being
understood that the transfer in itself should not adversely
affect the conditions of employment of the said staff members
posted at the Centre, including the duration of their contracts
and fringe benefits, subject to the availability of the funds for
the operation of the Centre.
- Agency staff members posted at the Centre, transferred
pursuant to paragraph 1 of this Article, shall be staff members
- Arrangements in respect of the contractual status of other
persons, besides those referred to in paragraphs 1 and 2 of this
Article, posted at the Centre, such as consultants, visiting
scientists, course participants, and fellows, shall be agreed
between the two organizations.
Joint Operation Agreement
The Joint Operation Agreement shall be amended as between
the Agency and UNESCO taking into account the relevant provisions
of the present Agreement.
Entry into force, amendment and duration
- This Agreement shall be signed by the duly authorized
representatives of the Contracting Parties.
- The present Agreement is subject to acceptance or
ratification by the competent organs of each Contracting Party.
Each Contracting Party shall inform in writing and without delay
the other Contracting Parties of the acceptance or ratification
of the present Agreement by its competent organ.
- The present Agreement shall enter into force upon 1 January
of the year following that during which the Parties exchange
notifications concerning the acceptance or ratification of the
present Agreement by their respective competent organs.
- The Agency, UNESCO and the Italian Government shall, at the
request of one or more of them, consult about amending this
- The present Agreement may be amended by mutual consent of
UNESCO, the Agency and the Italian Government.
- This Agreement shall remain in force for indeterminate
period. However, if after consultation with the other
Contracting Parties, a Contracting Party decides to denounce this
Agreement, it shall address a notification to this effect to the
other Contracting Parties. The denounciation shall take effect
twenty-four months after the date on which the above mentioned
notification was made.
|For the UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL
||For the INTERNATIONAL ATOMIC ENERGY
Paris, 19 March
Vienna, 15 March 1993
|FOR THE GOVERNMENT OF THE REPUBLIC OF ITALY:
15 March 1993