16. 6. 90 Official Journal of the European Communities No C 148/43 
Proposal for a Council Decision concerning the conclusion of a 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) 
COM(90) 29 final — SYN 250 
(Submitted by the Commission on 18 May 1990) 
(90/C 148/08) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 130 Q (2) 
thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas by Decision 88/418/EEC (»), 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); whereas Article 4 of this 
Decision authorizes the Commission to negotiate agreements 
with third countries and in particular with those European 
countries having concluded framework agreements for 
scientific and technical cooperation with the Community 
with a view to associate them wholly or partly with the 
programme; 
Whereas by Decision 87/177/EEC (2), the Council 
approved the conclusion on behalf of the European 
Economic Community of the Framework Agreement for scientific and technical cooperation between the European 
Communities and, among others, the Swiss 
Confederation; 
Whereas the 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 should be approved, 
HAS DECIDED AS FOLLOWS: 
Article 1 
The Cooperation Agreement between the European 
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 is hereby approved on behalf of the Community. 
The text of the Agreement is attached to this Decision. 
Article 2 
The President of the Council shall carry out the notification 
as provided for in Article 11 of the Agreement. 
(*) OJ No L 206, 30. 7. 1988, p. 29. 
(2) OJ No L 71, 14. 3. 1987, p. 29. 
No C 148/44 Official Journal of the European Communities 16. 6. 90 
COOPERATION AGREEMENT 
between the European Economic Community and the Swiss Confederation on research and 
development 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 its Decision of 29 June 1988, the Council of the European Communities, hereinafter called 'the 
Council', adopted a research and development programme in the field of applied metrology and chemical analysis 
(1988 to 1992), 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 January 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 OECD 
statistical data. 
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 for 
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 show 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 
84/338/Euratom, ECSC, EEC (>). 
(') OJ No L 177, 4. 7. 1984, p. 25. 
16. 6. 90 Official Journal of the European Communities No C 148/45 
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 Council, the European Parliament and 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 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. 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 a termination of the Agreement is 
envisaged. 
2. When the Community adopts a new R&D programme 
in the field of applied metrology and chemical analysis, this 
Agreement can 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 be 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. 
For the Council of the 
European Communities 
For the Swiss Confederation 
No C 148/46 Official Journal of the European Communities 16. 6. 90 
ANNEX A 
COMMUNITY PROGRAMME IN THE FIELD OF APPLIED METROLOGY AND CHEMICAL ANALYSIS 
(1988 to 1992) 
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 project will be chosen from those fields which are of priority importance for the Community as judged from an 
economic, environmental or public health view point. 
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, 
bacteria] contamination); 
(b) analyses related to the environment, in particular: 
— determination of traces of dangerous compounds in various matrices, 
— determination of air pollutants at the workplace, 
— 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 to 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, 
16. 6. 90 Official Journal of the European Communities No C 148/47 
— 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 advertising 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 as follows: 
Timetable of the commitments estimated as necessary for the execution of the Community programme 
(commitment appropriations) and of Switzerland's contribution 
(ECU) 
Year 
1988 
1989 
1990 
1991 
1992 
Grand total Commitments for 
Management 
administrative 
operation 
2 530 150 
3 480 500 
4 050 000 
4 200 000 
4 300 000 
18 560 650 Contracts 
3 507 850 
10 019 500 
11 250 000 
10 200 000 
5 662 000 
40 639 350 Total 
6 038 000 
13 500 000 
15 300 000 
14 400 000 
9 962 000 
59 200 000 Switzerland's contribution 
Management 
administrative 
operation 
65 085 
151 470 
157 080 
160 820 
534 455 Contracts 
187 365 
420 750 
381 480 
211 760 
1 201 355 Total 
252 450(*) 
572 220 
538 560 
372 580 
1 735 810 
(*) Contribution for the period 1 July to 31 December 1989. 
No C 148/48 Official Journal of the European Communities 16. 6. 90 
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 Community shall send to Switzerland a call for funds 
corresponding to its contribution to the costs 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) No 3180/78 (1). 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 of the annual costs under the Agreement at the beginning of each year and at 
the latest three months after the call for funds is send. 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 in force 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 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 for the Community programme shall be prepared and 
transmitted to Switzerland for information. 
(') OJ No L 379, 30. 12. 1978, p. 1.