COOPERATION AGREEMENT between the European Economic Community and COST third States on five concerted action projects in the field of biotechnology (Specific research and technological development programme Bridge)

THE EUROPEAN ECONOMIC COMMUNITY,

hereinafter called 'the Community`, and THE SIGNATORY STATES TO THIS AGREEMENT,

hereinafter called 'the participating non-Member States`,

both hereinafter called 'the Contracting Parties`,

Whereas two Community-COST concertation agreements on two concerted action projects in the research sectors of aquatic primary biomass (COST 48) and plant in vitro culture (COST 87) were concluded by the Council on 14 July 1986 (1) and signed respectively by Norway (COST 48) and Finland, Sweden and Switzerland (COST 87);

Whereas a memorandum of understanding in the framework of COST for carrying out a European research project on vesicular-arbuscular mycorrhizae (VA-mycorrhizae) (COST 810) entered into force on 26 January 1989 for a period extending until 25 January 1994 and was signed by Denmark, the Federal Republic of Germany, France, Italy, the United Kingdom, Spain, Austria, Finland and Switzerland;

Whereas a memorandum of understanding in the framework of COST for carrying out a European research project on methods for early detection and identification of plant diseases (COST 88) entered into force on 27 November 1986 for a period extending until 26 November 1991 and was signed by Belgium, Denmark, the Federal Republic of Germany, France, Ireland, the Netherlands, the United Kingdom, Spain, Austria, Finland, Sweden, Switzerland and Turkey;

Whereas a memorandum of understanding in the framework of COST for carrying out a European research project on coccidioses and development of vaccines (COST 89) entered into force on 22 March 1989 for a period extending until 21 March 1994 and was signed by Belgium, Denmark, the Federal Republic of Germany, Italy, Spain and Switzerland;

Whereas a memorandum of understanding in the framework of COST may expire on the entry into force of a Community-COST Agreement between the Contracting Parties having the same aim as that of the memorandum of understanding;

Whereas, by its Decision of 27 November 1989 (2), the Council of the European Communities adopted a specific research and technological development programme in the field of biotechnology (Bridge) for the period 1990 to 1994, hereinafter called 'the Community programme`, covering among other possibilities, the implementation of concerted action projects;

Whereas the Member States of the Community and the participating non-Member States intend, subject to the rules and procedures applicable to their national programmes, to carry out the research described in Annex A and are prepared to integrate such research into a process of concertation which they consider will be of mutual benefit,

HAVE AGREED AS FOLLOWS:

Article 1

The Contracting Parties shall participate for a period extending until 31 December 1993 in one or several of the following concerted action projects:

- COST 48: aquatic primary biomass (marine macroalgae),

- COST 810: vesicular-arbuscular mycorrhizae (VA-mycorrhizae),

- COST 87: in vitro cultures for the purification and propogation of plants,

- COST 88: methods for early detection and identifications of plant diseases,

- COST 89: coccidioses and development of vaccines.

The said projects consist in concertation between the Community concerted action projects and the corresponding programmes of the participating non-Member States. The content of research topics covered by this Agreement is specificed in Annex A.

The Member and non-Member States of the Community shall remain entirely responsible for the research carried out by their own institutions or bodies.

Article 2

The estimated financial contributions of the Contracting Parties to the coordination costs for the period referred to in the first paragraph of Article 1 shall be, for each of the five concerted action projects:

- COST 48: ECU 400 000 from the Community,

ECU 34 000 from each participating non-Member State;

- COST 810: ECU 400 000 from the Community,

ECU 34 000 from each participating non-Member State;

- COST 87: ECU 400 000 from the Community,

ECU 34 000 from each participating non-Member State;

- COST 88: ECU 400 000 from the Community,

ECU 34 000 from each participating non-Member State;

- COST 89: ECU 400 000 from the Community,

ECU 34 000 from each participating non-Member State.

The rules governing the financing of this Agreement and the timetable of the commitment estimates are set out in Annex B.

Article 3

1. For the purposes of this Agreement, a Cooperation Committee, hereinafter referred to as 'the Committee`, is hereby established to assist the Commission in the implementation of the concerted action projects of the specific research and technological development programme in the field of biotechnology (Bridge programme), adopted by Decision of the Council of the European Communities of 27 November 1989.

2. The Committee shall consist of representatives of the Community and the participating non-Member States for the implementation of the concerted action projects.

3. The Committee shall be consulted on all the matters concerning the implementation of this Agreement. For this purpose, it shall make recommendations.

4. The representative of the Community shall take the appropriate steps to ensure coordination between the implementation of this Agreement and the decisions taken by the Community in respect of the implementation of the Community programme.

5. For the purpose of the proper implementation of this Agreement, the Contracting Parties shall exchange information, and at the request of any of the parties, hold consultations within the Committee.

6. The Committee shall adopt its own rules of procedure and shall meet, at the request of any of the Contracting Parties, in accordance with the conditions to be laid down in its rules of procedure.

Article 4

1. The Contracting Parties shall regularly exchange all useful information resulting from the carrying out of the research covered by the concerted action projects. They shall also endeavour to provide information on similar research planned or carried out by other bodies. Any information shall be treated as confidential if the Contracting Party which provides it so requests.

2. The scientific results of the concerted action projects shall be published by the Commission, except in so far as they are declared confidential by one of the Contracting Parties.

3. The Commission shall prepare activity reports on the basis of the information supplied and shall forward them to the Member and non-Member States of the Community.

4. At the end of the period of the Bridge programme, the Commission shall forward to the Member and non-Member States of the Community the general reports on the execution and results of these concerted action projects.

Article 5

1. This Agreement shall be open for signature by the Community and by the participating non-Member States which took part in the ministerial conference held in Brussels on 22 and 23 November 1971.

2. As a prerequisite to its participation in the concerted action projects defined in Article 1, each of the Contracting Parties shall, when signing this Agreement, have notified the Secretary-General of the Council of the European Communities of the concerted action projects in which it intends to participate and, after signing this Agreement, have notified the Secretary-General of the Council of the European Communities of the completion of the procedures necessary under its internal provisions for the implementation of this Agreement.

3. For the Contracting Parties which transmit the latter notification, provided for in paragraph 2, this Agreement shall come into force on the first day of the month following that in which the Community and at least one of the participating non-Member States transmitted these notifications.

For those Contracting Parties which transmit the notification after the entry into force of this Agreement, it shall come into force on the first day of the second month following that in which the notification was transmitted. Contracting Parties which have not transmitted this notification when this Agreement comes into force shall be able to take part in the work of the Committees without voting rights.

4. The Secretary-General of the Council of the European Communities shall inform each of the Contracting Parties of the notifications made pursuant to paragraph 2 and of the date of entry into force of this Agreement.

Article 6

1. This Agreement shall be concluded for the duration of the Community programme. Should the Community revise the Community programme, the Agreement may be denounced under mutually agreed conditions between the Contracting Parties.

2. Where the Community adopts a new R & D programme in the field of biotechnology, this Agreement may be renegotiated or renewed under mutually agreed conditions.

3. Subject to paragraph 1, any of the Contracting Parties may at any time terminate this 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 7

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 territories of the participating non-Member States.

Article 8

This Agreement, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish languages, each text being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities which shall transmit a certified copy to each of the Contracting Parties.

(1) OJ N° L 216, 5. 8. 1986, pp. 13 and 19.

(2) OJ N° L 360, 9. 12. 1989, p. 32.