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16. 6. 90 Official Journal of the European Communities No C 148/31

Proposal for a Council Decision concerning the conclusion of a Cooperation Agreement between the
European Economic Community and the Republic of Finland on a research and development
programme for the European Economic Community in the field of applied metrology and chemical

analysis (BCR)

_COM(90) 24 final — SYN 247_

_(Submitted by the Commission on 18 May 1990)_

(90/C 148/06)

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

(») OJ No L 206, 30. 7. 1988, p. 29.
( [2] ) OJ No L 71, 14. 3. 1987, p. 29.

scientific and technical cooperation between the European
Communities and, among others, the Republic of Finland;

Whereas the Cooperation Agreement between the European
Economic Community and the Republic of Finland 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 Republic of Finland 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.

No C 148/32 Official Journal of the European Communities 16. 6. 90

COOPERATION AGREEMENT

between the European Economic Community and the Republic of Finland on research and
development in the field of applied metrology and chemical analysis (BCR)

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

and

THE REPUBLIC OF FINLAND, hereinafter called 'Finland',

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 Finland 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 Finland's association with the Community

programme,

HAVE AGREED AS FOLLOWS:

_Article 1_

Finland 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 Finland, 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 Finland's contribution
shall be given by the ratio between Finland'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 Finland. 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 Finland's
contribution and the timetable of the commitment estimates

are set out in Annex B.

The rules governing Finland's financial contribution for the
execution of the Community programme are set out in
Annex C.

_Article 3_

For Finnish 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 Finnish 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 ( [1] ).

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

16. 6. 90 Official Journal of the European Communities No C 148/33

The Committee shall be enlarged to include two
representatives designated by Finland who may be assisted or
replaced by one Finnish 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 S_

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

_Article 7_

The Commission and the Technical Inspection Centre in
Finland 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 Republic of Finland.

_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. Finland 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, Spanish and Finnish languages, each of these
texts being equally authentic.

_For the Council of the_
_European_ _Communities_

_For the Republic of Finland_

No C 148/34 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,
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 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 148/35

— 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.

_ANNEXB_

FINANCIAL PROVISIONS

_Article 1_

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

_Article 2_

Finland's financial contribution for the execution of the Community programme is estimated to be
ECU 1 063 240.

_Article 3_

The timetable of the commitment estimates and of Finland'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 Finland's contribution

_(ECU)_

Total

6 038 000

13 500 000

15 300 000

14 400 000

9 962 000

59 200 000

Finland's contribution

Commitments for

Contracts

3 507 850

10 019 500

11 250 000

10 200 000

5 662 000

40 639 350

Year

1988

1989

1990

1991

1992

Grand total

Management

administrative
operation

2 530 150

3 480 500

4 050 000

4 200 000

4 300 000

18 560 650

Total

270 000

306 000

288 000

199 240

1 063 240

Management

administrative
operation

69 610

81 000

84 000

86 000

320 610

Contracts

200 390

225 000

204 000

113 240

742 630

No C 148/36 Official Journal of the European Communities 16. 6. 90

_ANNEX C_

FINANCING RULES

_Article 1_

These provisions lay down the financing rules for Finland 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 Finland 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 Finnish currency, the composition of the ecu being
defined in Council Regulation (EEC) No 3180/78 ('). The value in Finnish currency of the contribution in ecus
shall be determined on the date of the call for funds.

Finland 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 Finland 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 Finnish 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 Finland 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 Finland for information.

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