COOPERATION AGREEMENT between the European Economic Community and the Swiss Confederation on a research and development programme for the European Economic Community in the field of applied metrology and chemical analysis (BCR)

THE EUROPEAN ECONOMIC COMMUNITY,

hereinafter called 'the Community`, and

THE SWISS CONFEDERATION,

hereinafter called 'Switzerland`,

both hereinafter called the 'Contracting Parties`,

WHEREAS, by Decision 88/418/EEC, the Council of the European Communities, hereinafter called 'the Council`, adopted a research and development programme for the European Economic Community in the

field of applied metrology and chemical analysis, 1988 to 1992 (BCR), hereinafter called 'the Community programme`;

WHEREAS the Contracting Parties concluded a framework agreement for scientific and technical cooperation which entered into force on 17 July 1987;

WHEREAS the association of Switzerland with the Community programme can help to improve the efficacy of the research carried out by the Contracting Parties in the field of applied metrology and chemical analysis, and can avoid the useless duplication of efforts;

WHEREAS the Contracting Parties expect to obtain mutual benefit from Switzerland's association with the Community programme,

HAVE AGREED AS FOLLOWS:

Article 1

Switzerland is hereby associated, as from 1 July 1989, with the implementation of the Community programme as set out in Annex A.

Article 2

The financial contribution of Switzerland, deriving from its association with the implementation of the Community programme shall be established in proportion to the amount available each year in the general budget of the European Communities for appropriations covering commitments

to meet financial obligations of the Commission of the European Communities, hereinafter referred to as 'the Commission`, resulting from work to be carried out in

the framework of research contracts necessary to the implementation of the Community programme and from management and administrative operating expenditure for the Community programme.

The proportionality factor governing Switzerland's contribution shall be given by the ratio between Switzerland's gross domestic product (GDP), at market prices, and the sum of gross domestic products, at market prices, of the Member States of the Community and of Switzerland. This ratio shall be calculated on the basis of the latest available statistical data from the Organization for Economic Cooperation and Development (OECD).

The funds estimated as necessary for the execution

of the Community programme, the amount of Switzerland's contribution and the timetable of the commitment estimates are set out in Annex B.

The rules governing Switzerland's financial contribution to the execution of the Community Programme are set out in Annex C.

Article 3

For Swiss research and development bodies and persons, the terms and conditions for the submission and evaluation of proposals and the terms and conditions for the granting and conclusion of contracts under the Community Programme shall be the same as those applicable to research and development bodies and persons in the Community.

The contracts, drawn up by the Commission, shall define the rights and obligations of Swiss research and development bodies and persons, and in particular the methods of disseminating, protecting and exploiting the research results.

Article 4

The Commission shall be responsible for the implementation of the Community programme.

It shall be assisted by the Management and Coordination Advisory Committee 'Scientific and Technological Standards`, hereinafter referred to as 'the committee`,

set up by Council Decision N° 84/338/Euratom/ECSC/

EEC (1).

The Committee shall be enlarged to include two representatives designated by Switzerland who may be assisted or replaced by one Swiss expert. They shall participate solely in the work of the Committee which meets in its variable configuration to accomplish the tasks concerning the Community programme.

Article 5

At the end of 1990, the Commission shall address a report

to the European Parliament, to the Council and to the Economic and Social Committee on the basis of an evaluation of the results so far achieved. This report shall be accompanied by suggestions for changes which may be necessary in the light of these results. A copy of that report shall be transmitted to Switzerland which in addition shall be informed of any possible suggestions for changes.

Article 6

Each Contracting Party undertakes, in accordance with its respective rules and regulations, to facilitate the movement and residence of research workers participating in Switzerland and in the Community in the activities covered by this Agreement.

Article 7

The Commission and the Swiss Federal Council shall ensure the implementation of this Agreement.

Article 8

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Swiss Confederation.

Article 9

1. This Agreement is concluded for the duration of the Community programme.

Should the Community revise the Community programme, the Agreement may be denounced under mutually agreed conditions. Switzerland shall be notified of the exact content of the revised programme within one week after its adoption by the Community. The Contracting Parties shall notify each other within three months after the Community decision

has been adopted if any termination of the Agreement is envisaged.

2. Where the Community adopts a new research and development programme in the field of applied metrology and chemical analysis, this Agreement may be renegotiated or renewed under mutually agreed conditions.

3. Subject to paragraph 1, either Contracting Party may at any time terminate the Agreement with six months' notice. The projects and work in progress at the time of termination and/or expiry of this Agreement shall be continued until

they are completed under the conditions laid down in this Agreement.

Article 10

The Annexes A, B and C to this Agreement shall form an integral part thereof.

Article 11

This Agreement shall be approved by the Contracting Parties in accordance with their existing procedures.

It shall enter into force on the date on which the Contracting Parties notify each other of the completion of the procedures necessary for this purpose.

Article 12

This Agreement shall be drawn up in duplicate in the

Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish languages, each of these texts being equally authentic.

(1) OJ N° L 177, 4. 7. 1984, p. 25.

ANNEX A

COMMUNITY PROGRAMME IN THE FIELD OF APPLIED METROLOGY AND CHEMICAL ANALYSIS (1988 to 1992) (BCR)

The objective of the programme is to improve the reliability of chemical analyses and physical measurements (applied metrology) so as to achieve agreement of results in all Member States.

The projects will be chosen from those fields which are of priority importance for the Community as judged from an economic, environmental or public health viewpoint.

The priority fields are the following:

(a) analyses for food and agriculture, in particular:

- analyses in livestock (foodstuffs, hormones, antibiotics, etc.) and of the quality of cereals, fruit and vegetables,

- analyses of the quality of processed food (nutritional properties, presence of dangerous substances, bacterial contamination);

(b)

analyses related to the environment, in particular:

- determination of traces of dangerous compounds in various matrices,

- determination of air pollutants at the work place,

- mutagenicity of chemical substances;

(c)

biomedical analyses, with priority for:

- the determination of enzymes and hormones (in human serum),

- haematological tests (e.g. blood coagulation),

- analyses related to cardiovascular diseases,

- analyses related to tumour markers and drugs in the human body;

(d)

analyses of (essentially non-ferrous) metals and surface analysis of materials;

(e)

applied metrology. The emphasis will be placed on the measurement and calibration of the most important parameters for test laboratories and industrial laboratories, in particular for quality control. The subjects covered will include in particular:

- dimensional and mechanical metrology (in particular, measurements that are becoming increasingly necessary for the verification of automatic machines) and the characterization of surface states,

- mechanical parameters, such as force and pressure,

- study of the performance and accuracy of new temperature-measuring devices,

- improvement of optical metrology in the visible, ultra-violet and infra-red ranges and in the field of fibre optics and lasers,

- measurements of electrical magnitudes, in particular at high frequency,

- acoustic measurements, in particular as regards sound-proofing,

- measurements relating to ultrasonics,

- liquid and gas flow measurements,

- methods of measurement of physical and material properties, such as thermal conductivity, viscosity, etc.,

- methods of determination of the mechanical properties of metals (the work will cover only the methods required for the accurate determination of these properties and not the characterization of the materials),

- improvement of technological measurements in industry.

The activities include in particular:

- execution of measurement programmes involving the cooperation of laboratories in several Member States (intercomparisons),

- improvement of methods of analysis and measurement,

- improvement of instruments necessary for high precision measurements,

- development of transfer standards,

- preparation and certification of reference materials,

- storage and distribution of reference materials,

- support for the setting up at Community level of interlaboratory circuits for quality assurance,

- research grants in subjects covered by the programme,

- exchange and training of scientists in subjects covered by the programme, taking into account the needs of the Member States that wish to improve their capabilities in these fields,

- dissemination of the results of the projects,

- well-targeted advertizing of the reference materials and promotion of their sale.

ANNEX B

FINANCIAL PROVISIONS

Article 1

The amount estimated as necessary to carry out the Community programme shall be ECU 59 200 000.

Article 2

Switzerland's financial contribution for the execution of the Community programme is estimated to be

ECU 1 735 810.

Article 3

The timetable of the commitment estimates and of Switzerland's financial contribution is given in the following table.

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ANNEX C

FINANCING RULES

Article 1

These provisions lay down the financing rules for Switzerland referred to in Article 2 of the Agreement.

Article 2

At the beginning of each year, or whenever the Community programme is revised so as to involve an increase in the amount estimated as necessary for its implementation, the Commission shall send to Switzerland a call for funds corresponding to its contribution to the costs provided under the Agreement.

This contribution shall be expressed both in ecus and in the Swiss currency, the composition of the ecu being defined in Council Regulation (EEC) N° 3180/78. The value in Swiss currency of the contribution in ecus shall be determined on the date of the call for funds.

Switzerland shall pay its contribution to the annual costs under the agreement at the beginning of each year and at the latest three months after the call for funds is sent. Any delay in the payment of the contribution shall give rise to the payment of interest by Switzerland at a rate equal to the highest discount rate obtaining in the Member States of the Community on the due date. The rate shall be increased by 0,25 of a percentage point for each month of delay.

The increased rate shall be applied to the entire period of delay. However, this interest shall be payable only if the contribution is paid more than three months after a call for funds has been made by the Commission.

Travel costs of Swiss representatives and experts deriving from their participation in the work of the committee referred to in Article 4 of the Agreement shall be reimbursed by the Commission in accordance with the procedures currently in force for the representatives and experts of the Member States of the Community and, in particular, in accordance with Council Decision N° 84/338/Euratom/ECSC/EEC.

Article 3

The funds paid by Switzerland shall be credited to the Community programme as budget receipts allocated to its appropriate heading in the statement of revenue of the general budget of the European Communities.

Article 4

The financial Regulation in force applicable to the general budget of the European Communities shall apply to the management of the appropriations.

Article 5

At the end of each year, a statement of appropriations of the Community programme shall be prepared and transmitted to Switzerland for information.