COOPERATION AGREEMENT between the European Economic Community and the Kingdom of Norway on research and development in the field of the protection of the environment

THE EUROPEAN ECONOMIC COMMUNITY, hereinafter called 'the Community',

and

THE KINGDOM OF NORWAY, hereinafter called 'Norway',

both hereinafter called the 'Contracting Parties',

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

WHEREAS, by Decision of 10 June 1986, the Council of the European Communities, hereinafter called 'the Council', adopted multiannual research and development programmes in the field of the environment (1986 to 1990), covering, among others, a programme on protection of the environment, hereinafter called 'the Community programme';

WHEREAS the association of Norway with the Community programme can help to improve the efficacy of the research carried out by the Contracting Parties in the field of the protection of the environment and can avoid the useless duplication of efforts;

WHEREAS the Community and Norway expect to obtain mutual benefit from Norway's association with the Community programme,

HAVE AGREED AS FOLLOWS:

Article 1

Norway is hereby associated as from 1 January 1989 with the implementation of the Community programme as set out in Annex A.

Article 2

The financial contribution of Norway, 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 shared-cost research contracts necessary for the implementation of the Community programme and from management and administrative operating expenditure for the said programme.

The proportionality factor governing Norway's contribution shall be obtained by establishing the ratio between Norway'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 Norway. 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 programme, the amount of Norway's contribution and the timetable of the commitment estimates are set out in Annex B.

The rules governing Norway's financial contribution are set out in Annex C.

Article 3

For Norwegian undertakings 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 undertakings and persons in the Community. In particular, the general terms and conditions applicable to research contracts within the Community shall apply, mutatis mutandis, to research contracts with Norwegian undertakings 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 Community programme. It shall be assisted by the Management and Coordination Advisory Committee on 'the Environment and Climatology', hereinafter referred to as 'the Committee', set up by Decision No 84/338/EEC (1).

The Committee shall be enlarged to include two representatives designated by Norway who may be assisted or replaced by one Norwegian 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 on the protection of the environment.

Article 5

1. With regard to the concerted action projects referred to in Annex A, Norway, the Community and its participating Member States shall regularly exchange any useful information concerning the execution of the research covered by such concerted action projects.

2. Norway shall provide the Commission with all information relevant for coordination purposes. Any such information shall be treated as confidential if so requested by Norway.

3. The scientific results of the concerted action projects shall be published by the Commission, except those which are declared confidential.

4. In agreement with the Committee, the Commission shall prepare annual activity reports on the basis of the information supplied and shall forward them to Norway and to the participating Member States.

5. At the end of the concertation period, the Commission shall, in agreement with the Committee, forward to Norway, to the Member States and to the European Parliament a summary report on the implementation and results of the concerted action projects. With the agreement of the Committee, the report can be published by the Commission.

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 Norway and in the Community in the activities covered by this Agreement.

Article 7

The Commission and the Norwegian Ministry of the Environment 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 Kingdom of Norway.

Article 9

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. Norway shall be notified of the exact content of the revised programme within one week of its adoption by the Community. The Contracting Parties shall notify each other within one month after the Community decision has been adopted if a termination of the agreement is envisaged.

2. Where the Community adopts a new research and development programme in the field of the environment, 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 the Agreement.

Article 10

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, Spanish and Norwegian languages, each of these texts being equally authentic.

(1) OJ No L 177, 4. 7. 1984, p. 25.

ANNEX A COMMUNITY PROGRAMME IN THE FIELD OF THE PROTECTION OF THE ENVIRONMENT (1986 to 1990) The Community programme shall cover the following research areas:

Reference to the subtopics contained under the following 11 research topics is of an indicative nature:

1. Health effects of pollutants

- chronic and late effects at low exposure levels and early indicators of health effects,

- epidemiology and exposure trends.

2. Ecological effects of pollutants

- effects on sensitive key species.

- effects on ecosystems.

3. Assessment of chemicals

- development and assessment of testing procedures,

- replacement of vertebrates used for toxicity testing,

- structure/activity relationships (SAR),

- evaluation of chemicals.

4. Air quality

- analysis, sources, transport, transformation and deposition of pollutants,

- effects of air pollution on the natural environment,

- effects of air pollution on materials,

- stratospheric chemistry,

- remote-sensing techniques,

- indoor-air quality.

5. Water quality

- analytical methods,

- biotic and abiotic degradation of pollutants,

- eutrophication,

- remote-sensing techniques.

6. Soil quality

- analytical methods,

- behaviour of pollutants in soil,

- effects of pollutants in soil,

- effects of agricultural and forestry practice on soil quality.

7. Noise research

- effects of noise on the cardiovascular system,

- comparison between effects of impulse noises and those of continuous noises,

- synergism between noise and vibrations.

8. Ecosystem research

- basic research on the functioning of ecosystems,

- effects of agricultural practice and urbanization on ecosystems, loss of genetic diversity,

- environmental oceanography,

- bio-geochemical cycles,

- conservation of flora and fauna.

9. Waste research

- waste management,

- organic wastes,

- toxic and dangerous waste,

- abandoned disposal sites.

10. Reduction of pollution

- advanced abatement technologies,

- clean technologies.

11. Scientific basis of environmental legislation and management including the development of scientific criteria for environmental impact assessment.

Concerted action projects

Concerned action projects may be implemented in the following areas within the scientific programme:

1. Air-pollution effects on terrestrial and aquatic ecosystems, (COST 612/2);

2. Physico-chemical behaviour of atmospheric pollutants, (COST 611/2);

3. Organic micropollutants in the aquatic environment, (COST 641/2);

4. Treatment and use of organic sludge and liquid agricultural waste, (COST 681/2);

5. Coastal benthic ecology, (COST 647/1);

6. Indoor-air quality and its impact on man, (COST 613/1);

7. Protection of species, (COST 691/1);

8. New technologies and environmental protection:

- environmental impact of new technological processes,

- environmental impact of new technological products,

- use of new technologies for environmental protection;

9. Compatibility of fibres with the environment and health.

The work shall be carried out as shared-cost research contracts, concerted action projects and coordination and training activities.

ANNEX B FINANCIAL PROVISIONS Article 1

The amount estimated as necessary to carry out the Community programme shall be ECU 55 million. This amount includes a sum of ECU 4 464 000 for the concerted action projects.

Article 2

Norway's financial contribution to the execution of the Community programme is estimated to be ECU 365 295.

Article 3

The timetable of the commitment estimates and of Norway's financial contribution is set out in the following table.

Timetable of the commitments estimated as necessary for the execution of the Community programme (commitment appropriations) and of Norway's contribution (ECU)

Commitments for

Norway's contribution

Year

Management

and

administrative

operation

Concerted action

projects

Shared-cost

research

contracts

Total

Management

and

administrative

operation

Concerted action

projects

Shared-cost

research

contracts

Total

1986

1987

1988

1989

1990

958 000

1 200 000

1 292 000

1 292 000

992 000

720 000

720 000

1 008 000

1 008 000

1 008 000

0

34 080 000

10 722 000

0

0

1 678 000

36 000 000

13 022 000

2 300 000

2 000 000

0

0

25 155

25 155

19 314

14 018

14 018

19 626

19 626

19 626

0

0

208 757

0

0

14 018

14 018

253 538

44 781

38 940

Grand total

5 734 000

4 464 000

44 802 000

55 000 000

69 624

86 914

208 757

365 295

ANNEX C FINANCING RULES Article 1

This Annex lays down the detailed rules governing Norway's financial contribution 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 Norway a call for funds corresponding to its contribution to the costs under the Agreement.

This contribution shall be expressed both in ecus and in Norwegian currency, the composition of the ecu being defined in Regulation 3180/78 (1). The value in Norwegian currency of the contribution in ecus shall be determined on the date of the call for funds.

Norway 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 Norway 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 Norwegian 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 Decision No 84/388/EEC.

Article 3

The funds paid by Norway 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 for the Community programme shall be prepared and transmitted to Norway for information.

(1) OJ No L 379, 30. 12. 1978, p. 1.