CELEX: 51982PC0395
Language: en
Date: 1982-06-28
Title: Draft COUNCIL DECISION concerning the conclusion of a Community-COST Concertation Agreement on a concerted action project in the field of the effect of processing on the physical properties of foodstuffs (COST Project 90 bis) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 395
Vol. 1982/0134
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(82)395 final
                                                     Brussels / 28 June 1982
                        '.  V„3\
                      ,, s,  vA
                     « J?
                                      Draft
                                 COUNCIL DECISION
 concerning the conclusion of a Community-COST Concertation Agreement on
 a concerted action project in the field of the effect of processing on
           the physical properties of foodstuffs ( COST Project 90 bis )
                  ( submitted to the Council by the Commission )
                                   .                               I.
                                                                 I
                                                                 I
                                                            f
                                                              f"
 COM ( 82 ) 395 final
 ---pagebreak---                  COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
Subject :      Agreement on a concerted action project in the ( field of the
               effect of treatments on physical properties of foodstuffs
               ( COST Project 90 bis ) to be concluded between EEC . and certain
               Third States participating in European Cooperation in the
               field of Scientific and Technical Research ( COST ).
A first concerted action project in the field of food technology ( COST
Project 90 ) was adopted by the Council on 20 February 1978 ( 1 ).       The Third
States participating in European Cooperation in the field of Scientific
                                                                i
and Technical Research ( COST ) were invited to participate in this concerted
action project and the relevant agreement was concluded by the Council on
18 December 1979 (2 ) and signed on 27 March 1980 by the jComfnunity, Sweden
and Switzerland and on 22 September 1980 by Finland .         In view of the very
encouraging results obtained in this concerted action project , a draft
decision adopting a second Community concerted action project on the effect
of treatments on physical properties of foodstuffs ( COST Project 90 bis )
has just been presented to the Council for adoption ( 3 ),
Article 6 of this draft decision makes provision for the Community to
conclude, in accordance with Article 228 of the Treaty an agreement with
Third States participating in European Cooperation in the field of Scientific
and Technical Research with a view to ensuring that the Community project
and the corresponding programmes of these states are harmonized .         In order
that the conclusion of this Agreement is concomitant with the adoption of
the abovementioned second Community concerted action project , the Council ,
by its decision       adopted at its meeting on 15 February 1982 , has authorized
the Commission to negotiate to this effect .       The negotiations are now com­
pleted and have culminated in the draft agreement annexed to the attached
draft Council decision .      This agreement , the terms of which are in line
with the negotiating directives entrusted by the Council to the Commission,
provides for :                                              ,
-     the setting up of a Community-COST Concertatlon Committee ;
 (1 )   O.J. no. L 54 of 25.2.1978, p. 25
 (2 )   O.J. no. L 39 of 15.2.1980, p. 30
 (3)    COM (81 ) 450 final
 ---pagebreak--- -  concertation within this Committee , secretarial services for which
   are provided by the Commission, between the Community project and
   the corresponding programmes of these States ;
-  financial contribution from each " Third State participating in the
   project equivalent to one-tenth of the Community contribution to the
   project , i.e. 67,000 ECU .
The following Third States have expressed their desire to participate in
this project ; Spain, Finland, Sweden and Switzerland .
The Commission requests the Council to adopt the draft decision attached
hereto .
                                                                      *
                                                          I
                                                          I
 ---pagebreak---          Draft Council decision concerning the conclusion of
         a Conimunity-COST Concertation Agreement on a concerted
         action project in the field of the effect of processing
         on the physical properties of foodstuffs ( COST Project
                                                          90 bis )
THE COUNCIL OF THE EUROPEAN COMMUNITIES /                  V
Having regard to the Treaty establishing the European Economic Community/
Having regard to Council Decision                    / EEC Oif
adopting a European Economic Community concerted action project
                                                             roieet on the
effect of processing on the physical properties of foodstuffs ( 1 ), and
in particular Article 6 thereof .
Having regard to the Council Decision of 15 February 1982 authorizing the
Commission to negotiate an agreement between the Community and the non-
member States participating in the European cooperation in the field of
scientific and technical research for the implementation of a concerted
action project on the effect of processing on the physical properties of
foodstuffs /
Having regard to the draft Decision submitted by the Commission/
Whereas the Commission has completed these negotiations /
                                             ■   . V
Whereas this Agreement should be approved/
HAS DECIDED AS FOLLOWS :
 (1 ) 0J No . L
 ---pagebreak---                            Article   1
The Community-COST Concertation Agreement on a concerted action project
in the field of the effect of processing on the physical properties of
foodstuffs ( COST Project 90 bis ) is hereby approved on behalf of the
Community .
The text of the Agreement is annexed to this Decision .
                           Article   2
The President of the Council is hereby authorized to designate the
persons empowered to sign the Agreement in order to bind the Community .
Done at
                                        For the Council
                                         The President
 ---pagebreak---           DRAFT COMMUNITY-COST CONCERTATION AGREEMENT ON A CONCERTED
          ACTION PROJECT IN THE FIELD OF THE EFFECT OF PROCESSING ON
          THE PHYSICAL PROPERTIES OF FOODSTUFFS ( COST PROJECT 90 BIS )
THE EUROPEAN ECONOMIC COMMUNITY,
                                                                           i
hereinafter referred to as "the Community ",
THE SIGNATORY STATES TO THIS AGREEMENT, ■                                  I
hereinafter referred to as "the participating non-member States ",
Whereas a Community-COST concertation agreement on a concerted action
project in the field of the effect of processing on the physical properties
of foodstuffs ( COST Project 90 ) was concluded between the Community and
some non-member States involved in European Cooperation in the * field of
Scientific and Technical Research ( COST ) on 27 March 1980 and expired on
24 February 1981 ;
Whereas the abovementioned concerted action project has produced very
encouraging results ;
Whereas by its Decision of                  the Council of the European Com­
munities adopted a second Community concerted action project in the field
of the effect of processing on the physical properties of foodstuffs ;
Whereas the Member States of the Community and the participating non-member
States , hereinafter referred to as "the 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 ;                                         ,
Whereas the implementation of the research covered by the concerted action
project will require a financial contribution of approximately 20 million
ECU from the States ,
 ---pagebreak---                                                                  A
                                     -2-
HAVE AGREED AS FOLLOWS :
                                   Article 1
The Community and the participating non-member States , hereinafter referred
to as "the Contracting Parties ", shall participate for a period extending
until                   in a concerted action project in the field of the
effect of processing on physical properties of foodstuffs .
This project shall consist in concertation between the Community concerted
action programme and the corresponding programmes of the participating non-
member States .  Research areas covered by this Agreement are listed in
Annex A.
The States shall remain entirely responsible for the research carried out
by their national institutions or bodies .                   i
                                   Article 2
                                                               I
Concertation between the Contracting Parties shall be effected through a
Community-COST Concertation Committee, hereinafter referred to as "the
Committee ".
The Committee shall draw up its rules of procedure .   Its Secretariat will
be provided by the Commission of the European Communities , hereinafter
referred to as "the Commission".
The terms of reference and the composition of this Committee are defined in
Annex B.
                                   Article 3
In order to ensure optimum efficiency in the execution of this concerted
action project , a project leader shall be appointed by the Commission in
agreement with the delegates of the participating n6n=meuiber I tates on the
Committee .
 ---pagebreak---                                     Article   4
 The maximum financial contribution by the Contracting Parties to the
 coordination costs for the period referred to in the firs^ paragraph
 of Article 1 shall be :
 -   670,000 ECU froai the Community,
       67^000 £09 f row each participating mm- aeasbef State .
 The ECU la that defined by the Financial Regulation in fort e applicable to
 the general budget of the European Communities and bythe 1 inancial arrange-
 flents «do^«Nf pursuant thereto.'     ~             ?
 The rules governing the financing of the Agreement are set out in Annex C.
                                    Article   5
 1.    Through the Committee, the States shall exchange all useful information
       resulting from the execution of the research covered by the concerted
       action project .  They shall also endeavour to provide information on
       similar research planned or carried out by other bodies .     Any informa­
       tion  shall be treated as confidential if the State uhich provides it
       so requests .          ■                . , •              f;   , .
 2.    In agreement with the Committee , the Commission shall prepare annual
       progress reports on the basis of the information supplied and shall
       forward them to the States .
 3.    At the end of the concertation period,, the Commission shall , in agree­
       ment with the Committee, forward to the States a general report on the
       execution and results of the project .    This report shall be published
l » *» hy      CotHMSsio« si* months after it has been forwarded, unless »
       State objects .  In that case the report shall be treated as confiden­
       tial and shall be forwarded, on request and with the agreement of the
       Committee , solely to the institutions and undertakings whose research
       or production activities justify access to knowledge resulting from
       the performance of the research covered by the concerted action project.
 ---pagebreak---                                    -4-
                               Article   6
1. This Agreement shall be open for signature by the Community and by the
   non-member States of that Community which took part in the Ministerial
   conference held in Brussels on 22 and 23 November 1971 .
2. As a condition precedent to its participation in the concerted action
   project defined in Article 1 , each of the Contracting Parties shall /
   after signing this Agreement , have notified the Secretary-General of
   the Council of the European Communities not later than
   of the completion of the procedures necessary under its internal
   provisions for the implementation of this Agreement .
3o For the Contracting Parties which have transmitted the 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 the month in which the notifica­
   tion 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 Committee without voting rights until
4. The Secretary^General of the Council of the European Communities shall
   inform each of the Contracting Parties of the notifications provided for
   in paragraph 2 and of the date of entry into force of this Agreement .
                               Article 7
   This aqreement shall aooly , on the one hand , t,o the territories in which
   the Treaty establishing the European Economic Community is applied and
   under the conditions laid down in that Treaty and , on the1 other hand , to
   the terfitoHtf of the participating                States ." • i
                       s
 ---pagebreak---                                Article  8
This Agreement / drawn up in a single original in the Danish , Dutch ,
English , French , German, Greek and Italian languages , each text being
equally authentic , shall be deposi-ted 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 *
 ---pagebreak---                                                                  ANNEX A
                  RESEARCH AREAS COVERED BY THE AGREEMENT
1.   Mechanical properties : ( 1 )
      (a)   integral solids ,
            e.g. density , porosity , stress , strain , fracture
     (b)    particulates , e.g. powders , agglomerates
2.   Diffusional properties : ( 1 )
     (a)    diffusion of water and water vapor
      (b)   diffusion of solutes , e.g. salt , sugars
     ( c)   diffusion of volatiles , e.g. aromas
                                                              /
3.   Electrical and optical properties :     (1 )
     (a ) dielectric properties                                       '
     ( b)   visible , ultraviolet and infra-red
4.   Continuation of the collection of data Con Theology , sorption and
     thermal properties ).
5.   Conclusion of research related to rheology , sorption and thermal
     properties .
(1 )   Related to the intention to define general standard methodology
       taking into account the possible influence of the different
       parameters .
 ---pagebreak---                                                                 ANNEX 6
Terms of reference and composition of the Community°COST Concertation
Committee on the effect of processing on the physical properties of
foodstuffs
1 . The Committee shall :
    1.1 .  contribute to the optimum execution of the project by giving
              I
           its opinion on all aspects of its progress ;
    1.2 .  evaluate the results and draw conclusions regarding their
           application ;
    1.3 . be responsible for the exchange of information provided for
           in Article 5 ( I ) of the Agreement ;
    1.4 .  suggest guidelines to the project leader ;
    1.5 .  have the right to set up, in respect of each of t he
           research topics defined in Annex A, a subcommittee to ensure
           that the programme is properly implemented .
2.  The reports and the opinions of the Committee shall be communicated
    to the States .                                             1
3.  The Committee shall be composed of one delegate from the Commission,
    as coordinator of the Community concerted action project , one delegate
    from each participating non-Member State , one delegate from each Member
    State representing its national programme and the project leader .  Each
    delegate may be accompanied by experts .
 ---pagebreak---                                                                   ANNEX C
                              FINANCING RULES
                                 Article  1
These provisions lay down the financial rules referred to in Article 4 of
the Community-COST Concertation Agreement.
                                 Article  2
At the beginning of each financial year , the Commission shall send to each
of the participating non-Member States a call for funds corresponding to
its share of the annual coordination costs under the Agreement , calculated
in proportion to the maximum amounts laid down in Article 4 of the Agreement.
This contribution shall be expressed both in ECU and the currency of the
participating non-Member State concerned , the value of the ECU being defined
in the Financial Regulation applicable to the general budget of the
European Communities and determined on the date of the call for funds .
The total contributions shall cover the travel and subsistence costs of the
delegates to the Committee, in addition to the coordination costs proper,.
Each participating non-Member State shall pay its annual contribution to
the coordination costs under the Agreement at the beginning of each year,
and by 31 March at the latest .  Any delay in the payment of the annual eon-*
tribution shall give rise to the payment of interest by the participating
non-Member State concerned at a rate equal to the highest discount rate
ruling in the States 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 , such interest shall be
chargeable only if payment is effected snore than three' months ipfter the
issue of a call for funds by the Commission ,
 ---pagebreak---                                     -2-                        ANNEX C
                                  Article   3
The funds paid by participating non™Member States shall be credited to the
concerted action project as budget receipts allocated to a heading in the
                                                            (
statement of the expenditure of the Budget of the European Communities
( section Commission ).
              1                   Article   4
The provisional timetable for the coordination costs referred to in
Article 4 of the Agreement is annexed . .
                                  Article   5
The Financial Regulation in force applicable to the general budget of the
European Communities shall apply to the management of the appropriations .
                                  Article   6
At the end of each financial year, a statement of appropriations for the
concerted action project shall be prepared and transmitted to the partici­
pating no n-Member States for information .              j
 ---pagebreak---                                                                                                                                                                                                                    ANNEX TO ANNEX C
                                          PROVISIONAL TIMETABLE FOR THE CONCERTED ACTION PROJECT EFFECT OF PROCESSING ON THE PHYSICAL PROPERTIES OF FOODSTUFFS
                                                                                                               « S0S7 PROJECT 90 bis )
                                                                                                                                                                                                                             ( in ECU)
                                               1                 1982                                    19â3                                     1934                                   1985                               TOTAL
                                                                    (
                                               ρ         AC        1       AP         I         AC                   AP                  AC                   AP                AC                AP              *AC                AP
                                               ü                   .                  *
   1a Initial       estiraste of overall
         p®q«3 rsaents
                                               ιI                  |9                 j'
         - Staff                                 ij 46,000              46,000                             Ί
         - fefrsinf strai ive operating        ¡                    !
              «spendi tui-e                    Ü SOFOCO             | 50,000               160,000         j ¡160,000              175,000               175,000           189,000           189,000         S70,000            570,000
         - Contracts                           j Sí¡,0QQ            j 50,000                               y                     r                     r                 /
              ff 0 Τ ft i.
                                               ?
                                                 |Ϊ46,000           » 146^000
                                                                    í
                                                                                           160,000         ί 160,000               175,000              175,000           189,000            189,000         670,000            670,000
                                               1¡
                                                                                                           !
   '£,  Savised estimate of expendí -
         fctife taking into account             |
        additions i. r equi reaient s arri w- j
         1ít$ fcoie the accession of            î                                      j
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I            expenditurs                        Ï140,000(1*· n?        146^000(1 + n >:    160,000(1 + η ) ί   160,000(1 + η )     175,000(1 + η )       175,000(1 + η )   189,000(1 + n )   189,000(1 + n ) J70,000(1+"'n)     570,000(1 + n )
i                                              S               Τδ                 Tõj
!       ~     Contracts
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                                                                                                                                                     i
1 3« βίfferene« between 1 and 2 to I                                |                   j                  I
I' be        covered by contribution
         ivom participating non-Member
                                                !ï η       ___
                                                                    ]' ti ,,,          j} η „ · i! η '
 j State«                                       i =!Õ H6'00C         \ Jõ u6,000 jp 160/000 ^ 160,000                               Iff 175,000           ^ 175,000            189,000           189,000      Jq 670,-000        ^ 670,000
 ·.....                                         !                    i                   !                 1
          n = neaseer of participating non-Member States
        At « account c red i tad
        •SP = account paid