COOPERATION AGREEMENT between the European Atomic Energy Community and the Swiss Confederation on radiation protection

THE EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter called 'the Community`,

and THE SWISS CONFEDERATION, hereinafter called 'Switzerland`,

both hereinafter called the 'Contracting Parties`,

WHEREAS the Community and Switzerland concluded a Framework Agreement for scientific and technical cooperation which entered into force on 17 July 1987;

WHEREAS, by Decision of 28 November 1991, the Council of the European Communities, hereinafter called 'the Council`, adopted a specific research and education programme in the field of nuclear fission safety (1990 to 1994), which includes as Area 1 'radiation protection`, hereinafter called the 'Community subprogramme`;

WHEREAS the association of Switzerland with the Community subprogramme can help to improve the efficacy of the research carried out by the Contracting Parties in the field of nuclear fission safety and can avoid the useless duplication of efforts;

WHEREAS the Community and Switzerland expect to obtain mutual benefit from Switzerland's association with the Community subprogramme,

HAVE AGREED AS FOLLOWS:

Article 1

Switzerland is hereby associated as from 1 July 1992 with the implementation of the Community subprogramme 'radiation protection` as set out in Annex A. The implementation of the subprogramme and the Community's rate of financial participation are set out in Annex B.

Article 2

The financial contribution of Switzerland, deriving from its association with the implementation of the Community subprogramme, 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 shared-cost research contracts necessary for the implementation of the Community subprogramme and from management and administrative operating expenditure for the said subprogramme.

The proportionality factor governing Switzerland's contribution shall be obtained by establishing 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 of the Organization for Economic Cooperation and Development (OECD).

The funds estimated as necessary to carry out the Community subprogramme, the indicative amount of Switzerland's contribution to management and administration operations and contracts, and the timetable of the commitment estimates are set out in Annex C.

The rules governing Switzerland's financial contribution are set out in Annex D.

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 subprogramme shall be the same as those applicable to research and development bodies and persons in the Community provided that the rights of access to results shall be limited to those arising from contracts under the subprogramme 'radiation protection`. In particular, the general provisions applicable to research contracts within the Community shall apply subject to this Article, mutatis mutandis, to research contracts with Swiss research and development bodies and persons as far as questions relating to taxation and customs duties and the utilization of research results are concerned.

Article 4

The Commission shall be responsible for the implementation of the subprogramme and shall be assisted in the implementation by the Management and Coordination Advisory Committee (CGC) for Radiation Protection, set up by Decision 84/338/Euratom, ECSC, EEC of 29 June 1984 dealing with structures and procedures for the management and coordination of Community research, development and demonstration activities (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 Area 1, 'radiation protection`, of the Community programme on nuclear fission safety.

Article 5

1. In the course of the second year of implementation of the subprogramme, the Commission shall review it and send a report on the results of its review to the European Parliament, the Council, the Economic and Social Committee and Switzerland; this report shall be accompanied, where necessary, by proposals for amendment.

2. At the end of the subprogramme, an evaluation of the results achieved shall be conducted for the Commission by a group of independent experts. This group's report, together with any comments by the Commission, shall be submitted to the European Parliament, the Council and the Economic and Social Committee, and sent to Switzerland.

3. The reports referred to in paragraphs 1 and 2 shall be established having regard to the objectives set out in Annex A.

Article 6

Each Contracting Party undertakes, in accordance with their 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

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

Article 9

1. This Agreement is concluded for the duration of the Community subprogramme finishing on 31 December 1994.

Should the Community revise the Community subprogramme, this Agreement may be denounced under mutually agreed conditions. Switzerland shall be notified of the exact content of the revised subprogramme 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 a termination of this Agreement is envisaged.

2. Where the Community adopts a new R& D programme in the field of radiation protection, 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

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 11

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Atomic Energy 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 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.

Done at Brussels, 31 May 1994.

For the European Atomic Energy Community For the Swiss Confederation

ANNEX A

OBJECTIVES AND SCIENTIFIC AND TECHNICAL CONTENT OF THE SUBPROGRAMME

RADIATION PROTECTION

The aim is to provide the scientific knowledge for an objective assessment of radiation effects and risks and to determine methods to optimize radiation protection. Research will be carried out to define the extent of exposure and the ways in which it can occur from natural, medical and industrial sources, study the health consequences, including the treatment of over-exposure, and assess, in a comparative and quantitative way, the risks which radiation can pose to man and his environment.

This scientific knowledge is a prerequisite for the continued updating of the 'Basic Safety Standards for the Health Protection of the General Public and Workers against the Dangers of Ionizing Radiation` and will provide the scientific basis for the continued evolution of radiation protection concepts and practices.

It is also aimed at maintaining and enhancing the technical and regulatory aspects of expertise in radiation protection and will help the relevant authorities to evaluate the impact of long-term choices in energy policy on man and his environment, to manage normal operational and emergency situations and to inform the public objectively about the risks and benefits of radiation. Health risks posed by decommissioning will be analysed both for systems of containing radioactivity in the event of serious accidents and for installations decommissioned or about to be decommissioned at the end of their normal operation.

Issues related to concern about radiation and its effects, heightened by the accident at Chernobyl and by more recent information on risk estimates and on the extent of exposure from natural, medical and industrial sources, will be addressed. Research will aim, in an increasingly complex environment, at reducing the uncertainties surrounding the evaluation of risks at low doses/low dose rates by combining epidemiological information with that obtained from a variety of experimental approaches.

The risks related to radon in homes will be assessed. Comparative studies taking into account the relevant factors (geographical areas, building materials, lifestyles, etc.) will be undertaken. They should provide information enabling effective and durable countermeasures to be devised to reduce population exposure. Research on optimizing procedures will be carried out in order to reduce patient exposure from diagnostic radiology. Management procedures based on improved scientific information will be developed to optimize radiological protection in the workplace.

Scientific procedures will be developed to allow the consequences of nuclear emergencies to be assessed in real time and their management to be improved thus enabling the most effective countermeasures to be taken, to reduce transfer of radioactive contamination to man and to treat victims of radiation accidents.

The solving of the complex problems involved requires that information from very different subject areas be integrated in a multi-disciplinary approach in which the following themes will be addressed:

Human exposure to radiation and radioactivity The objective is to develop ways and means of measuring radiation doses in an accurate and reliable way and to define the critical pathways of radioactivity in the environment and possible strategies to impede the transfer of radionuclides to man.

The behaviour of radionuclides in the environment will be studied, focusing on natural and long-lived artificial radionuclides which can accumulate in natural or semi-natural ecosystems or undergo chemical and biological modifications. In addition, countermeasures to reduce the consequences of radioactive contamination for man and his environment will be investigated.

Effects of radiation exposure on man: assessment, prevention and treatment The objective is to determine quantitatively effects occurring at low doses/low dose rates (stochastic effects), to develop means to recognize and treat consequences of radiation accidents (non-stochastic effects) and to assess effects on the developing organism.

A concerted approach based on microdosimetry, biophysical modelling, molecular, cellular and animal studies and epidemiology will be undertaken to understand the mechanisms involved and to evaluate the risks of radiation-induced cancer and genetic damage in man, making use, inter alia, of sampling and comparative epidemiological studies conducted in different areas.

This will lend considerable support to the interpretation of human epidemiological data and to their extrapolation to low doses/low dose rates.

Diagnosis and treatment of consequences of accidents involving local external or whole-body exposure or internal contamination with radionuclides, will be improved by studying their pathogenesis and making use of new molecular and cellular techniques. Investigations on the developing organism will focus on brain damage after irradiation in utero, on radiation-induced cancers and on the transfer of radionuclides in the foetus and during infancy and childhood.

Risks and management of radiation exposure The objective is to evaluate the overall risks of human exposure to radiation and to provide the methods for optimizing and managing radiation protection in normal and accident situations.

Systematic information on human exposure from natural, medical and industrial sources will be collected and emphasis will be placed on epidemiological studies, including those on persons exposed at the work-place or to enhanced natural radioactivity. The factors affecting population radon exposure in homes and possible countermeasures will be investigated. Radiation risks will be put into perspective by comparing them with other risks.

Optimization of radiation protection in normal and accident situations will be investigated to conform with new basic standards. Radiation accident consequence models and emergency management procedures will be further developed. Optimization of diagnostic exposure will be achieved by developing quality assurance measures for medical image quality and analysing the risks and benefits of the different procedures.

ANNEX B

IMPLEMENTATION OF THE SUBPROGRAMME AND THE COMMUNITY'S RATE OF FINANCIAL PARTICIPATION

1. The Commission will implement the subprogramme on the basis of the objectives and the scientific and technical content described in Annex A.

2. Selection of projects must take account of the criteria listed in Annex III to Council Decision 90/221/Euratom, EEC (1), adopting the third framework programme, and the objectives set out in Annex A to this Agreement.

The subprogramme will be conducted mainly through shared-cost research projects. The projects will be the subject of shared-cost research and technological development contracts and Community financial participation will not normally be more than 50 %. Universities and other research centres participating in shared-cost projects will have the option of requesting, for each project, either 50 % funding of total expenditure or 100 % funding of additional marginal costs.

Shared-cost research projects must be carried out by participants established within the Community and in Switzerland. The projects, which may involve, for example, universities, research organizations and industrial firms, including small and medium-sized enterprises, must provide for participation by at least two mutually independent partners established in different Member States of the Community. Contracts relating to shared-cost research projects must as a general rule be concluded following a selection procedure based on calls for proposals published in the Official Journal of the European Communities.

3. The knowledge acquired in the course of the projects will be disseminated both within the subprogramme and by means of a centralized action, pursuant to the Decision referred to in Article 4, third paragraph, of Decision 90/221/Euratom, EEC.

ANNEX C

FINANCIAL PROVISIONS

1. The amount estimated as necessary to carry out the subprogramme shall be ECU 41 140 000.

2. Switzerland's financial contribution for its association with the Community subprogramme is estimated to be ECU 1 476 926 and shall be added, along with other possible contributions from third countries to the abovementioned amount, as foreseen in Article 2 of this Agreement.

3. The indicative timetable for the commitment appropriations of the subprogramme and Switzerland's contribution are as follows:

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ANNEX D

FINANCING RULES

1. This Annex lays down the detailed rules governing Switzerland's financial contribution referred to in Article 2 of this Agreement.

2. At the beginning of each year, or whenever the Community subprogramme 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 under this Agreement.

This contribution shall be expressed both in ecus and in the Swiss currency, the composition of the ecu being defined in Regulation (EEC) No 3180/78 (1), as amended by Regulation (EEC) No 1971/89 (2). The value in Swiss currency of the contribution in ecus shall be determined on the date of the call for funds.

3. Switzerland shall pay its contribution to the annual costs under this 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 obtained 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.

4. Travel costs of Swiss representatives and experts arising from their participation in the work of the Committee referred to in Article 4 of this 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 Decision 84/338/Euratom, ECSC, EEC.

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

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

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