CELEX: 51991PC0094
Language: en
Date: 1991-05-30
Title: PROPOSAL FOR A COUNCIL DECISION CONCERNING THE CONCLUSION OF BILATERAL COOPERATION AGREEMENTS ON SCIENCE AND TECHNOLOGY FOR ENVIRONMENTAL PROTECTION ( STEP ) BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF FINLAND AND THE KINGDOM OF NORWAY

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                              C0M(91) 94  final - SYN 334
                                                              Brussels,30   May  1991
           a|J§                                    Proposal for a
                                                  COUNCIL DECISION
           ||||concerning  the conclusion of  bilateral  Cooperation Agreements on Science and
     SjjfeBITechno Iogy    for Environmental  Protection  (STEP) between  the  European Economic
     ij&ycommunlty and the Republic of Austria, the Republic of Finland and the Kingdom of
           I f i E Norway
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 ---pagebreak---                                      -I-
                            EXPLANATORY MEMORANDUM
Subject:   Proposal for a Council Decision concerning the conclusion of
           three bilateral Cooperation Agreements on Science and Technology
           for Environmental Protection (STEP) between the European Economic
           Community and the Republic of Austria, the Republic of Finland
           and the Kingdom of Norway.
1.    By Its Decision of 20 November 1989, the Council adopted two specific
      R & D programmes In the field of the environment (1989-1993), one of
      them called Science and Technology for Environmental Protection
      (STEP).
2.    Article 8 of this Decision authorises the Commission to negotiate
      agreements with European non-member States participating In European
      Cooperation In the field of scientific and technical research (COST),
      and with those having concluded framework agreements for scientific
      and technical cooperation with the Community, with a view to
      associating them wholly or partly with the programme.
3.     In the context of the Implementation of the three Framework
      Agreements for scientific and technical cooperation between the
      European Communities and Austria, Finland and Norway, the conclusion
      of which, on behalf of the EEC, was approved by the Council Decision
      of 9 February 1987, these countries have asked to participate In
      Community programmes In the field of the environment.
4.    The Importance of European cooperation in environmental research is
      steadily growing because of the cross-border nature of the problems,
      the interdisciplinary character of the work required and the need to
      bring together the skills of scientists from various disciplines:
      engineers,    economists   and   sociologists. Such   cooperation   is
      particularly useful both for the Member States of the European
      Community and for those of EFTA which share common environmental,
      problems.
5.    Considering that the association of all EFTA countries with the
      Implementation of the Community programme can be of mutual advantage,
      the Commission started to negotiate with these countries an identical
      text to be used In the bilateral draft agreements.
6.    Two formal meetings with the six EFTA countries were held on 13 March
      and 17 July 1990. During these meetings the Commission proposed a
      new bilateral agreement pattern Introducing a new element - the
      "Cooperation Committee" - which did not exist In the S & T
      cooperation agreements previously concluded between the EC and these
      countries.
                                                                ../..
                                                                             </>
 ---pagebreak--- 7.    The new pattern allows the EFTA countries to participate in the
      Community R & D programmes which are managed by committees laid down
       in the Council Decision 87/373/EEC of 13 July 1987 and takes into
      account the three-phase procedure described in the statements minuted
      at the Council meeting of 20 and 21 November 1989 during which the
      STEP and EPOCH programmes were adopted, and detailed in paragraph 7
      of the Commission Communication to the Council of 19 June 1990< 1 ).
8.    The Commission will endeavour to achieve consistency between the
      functions of the Cooperation Committees offered to individual EFTA
      countries and the coordination requirement provided for in Article
      3.4 of each of the proposed draft Agreements.
9.    The EFTA countries having accepted as a fundamental criterion of
      reference the principle that STEP was and has to remain a Community
      Programme in which the Community interests have to be safeguarded,
      three bilateral, but identical, draft Agreements have been agreed.
10.   Each of the draft Agreements, which are annexed         to the  attached
      proposal for a Council Decision, provides for:
          the association of                * with the implementation of the
          Community programme;
          a financial contribution from                    * for the funding
          of the work to be carried out in the framework of research
          contracts and of the management and administrative operating
          expenditure     for  the   Community   programme-, this    financial
          contribution is proportional to the gross domestic product (GDP)
          of                  *; the funds paid will be credited to the
          Community budget (relevant budget heading 602) in conformity
          with the financial Annexes C and D;
          the    entitlement    of   persons   and   research    bodies   from
                         * to submit research proposals and to conclude the
          related research contracts with the Commission;
          the establishment of a Cooperation Committee with representatives
          of the Community and of                     *, to ensure a proper
           implementation of the Agreement and mutual coordination and
           information on the development of the STEP programme. The
          Committee shall adopt its own rules of procedure.
11.   In view of the   nature of the cooperation, any additional expenditure
      paid from the    Community budget (relevant budget heading B6-8004)
      resulting from    the implementation of this draft Agreement will be
      covered by the  financial contribution from                *
12.   The Commission proposes that the Council adopt the attached proposal
      for a Decision.
(1) Communication to the Council "Cooperation in S & T with third
countries" (COM (90) 256 final).
* Respectively : Austria; Finland; Norway.
 ---pagebreak---                                            -h-
                                     Proposal for a
                                    COUNCIL D E C I S I O N
 concerning   the conclusion of bilateral     Cooperation Agreements on Science and
 Technology   for  Environmental  Protection   (STEP) between        the European  Economic
 Community and the Republic of Austria, the Republic of Finland and the Kingdom of
 Norway
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in
particular Article 130 0 (2) thereof,
Having regard to the proposal from the Commission (1),
 In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
WHEREAS by Decision 89/625/EEC (4), the Council adopted two specific research and
development programmes in the field of the environment (1989-1993), one of them
called   Science   and  Technology   for  Environmental       Protection   (STEP);  whereas
Article 8 of this Decision authorises 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 associating them wholly or partly with the programmes;
WHEREAS by Decision     87/177/EEC  (5), the Council         approved   the conclusion, on
behalf   of  the  European  Economic   Community, of        the  Framework  Agreements  for
scientific and technical cooperation between the European Communities and, among
others, the Republic of Austria, the Republic of Finland               and the Kingdom of
Norway;
WHEREAS the Governments of Austria, Finland and Norway have asked to participate
In   the Community environmental research programmes;
(1)   O.J. N* C
(2)   O.J. N* C
(3)   O.J. N* C
(4)   O.J. N' L 359, 08.12.1989, p. 9.
(5)   O.J. N* L   71, 14.03.1987, p. 29.
                                                                                            &
 ---pagebreak---                                            -f-
WHEREAS the Community, Austria,     Finland and Norway share common environmental
problems and expect to obtain mutual benefit from cooperation,
HAS DECIDED AS FOLLOWS :
                                      Article 1
The  Cooperation  Agreements   between  the  European    Economic  Community   and  the
Republic of  Austria,   the  Republic of   Finland   and   the Kingdom  of   Norway  on
research and development In the field of Science and Technology for Environmental
Protection (STEP) are hereby approved on behalf of the Community.
The texts of the Agreements are attached to this Decision.
                                      ArtIcle 2
The President of the Council shall carry out the notification as provided for In
Article 10 of the Agreements.
Done at
                                                   For the CounciI
                                                   The President
                                                                                        si
 ---pagebreak---                                   -6-
                             COOPERATION AGREEMENT
                   BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
                        AND THE                   (O
                         ON RESEARCH AND DEVELOPMENT
                      IN THE FIELD OF THE ENVIRONMENT :
                          SCIENCE AND TECHNOLOGY FOR
                       ENVIRONMENTAL PROTECTION (STEP)
(I) Respectively :   REPUBLIC OF AUSTRIA; REPUBLIC OF FINLAND; KINGDOU OF
                     NORWAY
                                                                          3
 ---pagebreak---                                                          * -
THE EUROPEAN ECONOMIC COMMUNITY, hereinafter                               called   "the     Community"
and
THE                               (I),      hereinafter       called    "                (If)"
both hereinafter        called    the "Contracting               Parties"
WHEREAS the Community and                                (ll)     concluded a Framework Agreement for
scientific         and    technical          cooperation          which    entered      Into      force     on
                             (HI);
WHEREAS, by Decision             of 20 November 1989, the Council                      of the European
Communities,        hereinafter       called      "the Council",          adopted mult I annual R T D
programmes In the field                of the environment               (1989 to 1993), covering             a
specific      research     and development programme on Science and Technology                             for
Environmental          Protect Ion         (STEP),       hereinafter         called      "the      Community
programme";
WHEREAS the association                 of                  (II)    with the Community programme can
help to Improve the efficacy                 of the research carried            out by the Contract I ng
Parties     In the field       of the protection            of the environment and can avoid the
useless duplI cat I on of           efforts;
WHEREAS        the ongoing talks relating                to a European Economic Area between the
Community      and the EFTA countries             are likely        to lead to a result         In the area
of R & D,       the Contracting        Parties should endeavour to find solutions                     for the
continued      cooperation      In the field of R & D In the environmental                     sector    which
take this      development Into             consideration-,
WHEREAS the Community and                               (II)     expect to obtain mutual benefit            from
               's (II)    association        with   the Community programme,
HAVE AGREED AS FOLLOWS :
(I)        Respectively:        REPUBLIC OF AUSTRIA; REPUBLIC OF FINLAND;
           KINGDOM OF NORWAY
(II)       Respectively      : Austria;       Finland; Norway
(III)      Respectively      : 30 July 1987; 17 July 1987; 17 July 1987
                                                                                                                 *f
 ---pagebreak---                                                    - * > -
                                               ARTICLE 1
             (II)      Is hereby associated           as from 20 November 1989 with the
 Implementation of the Community programme as set out In Annex A. The
 Implementation of the programme and the Community's rate of                                financial
participation       are set out In Annex B.
                                               ARTICLE 2
The financial       contribution       of               (II),   deriving from Its         association
with the Implementation of the Community programme, shall be estabiIshed                             In
proportion to the amount available                each year In the general budget of the
European Communities for                appropriations        covering    commitments to meet
financial      obifgatIons         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 Implement at Ion of the Community programme and from management and
administrative       operating expenditure for the said programme.
The proportional Ity factor governing                           's(ll)   contribution      shall be
obtained by estabiIshlng             the ratio     between                's(ll)     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                                (II).
This ratio        shall    be calculated         on the basis of the latest                 available
statistical     data of the Organisation for Economic Cooperation and Development
(OECD).
The funds estimated as necessary to carry out the Community programme, the
amount of                   's(ll)    contribution     and the timetable of the commitment
estimates are set out In Annex C.
The rules    governing                    's(lI)    financial     contribution      are set   out   In
Annex D.
                                              ARTICLE 3
/. For the purposes of this Agreement, a Cooperation Committee to assist the
    Commission In the Implementation of the specific research and development
    programme In the field of the environment (STEP), adopted by Decision of
    the Council of the European Communities of 20 November 1989                                   (1),
    hereinafter      referred to as "the Committee", Is hereby                 estabiIshed.
2. The Committee shall         consist    of representatives       of the Community and
                  (ID
(1) Council Decision         89/625/EEC
                                                                                                        f$
 ---pagebreak---                                            f
 3.  The Committee shall      be consulted on all       the matters     concerning the
     Implementation of this Agreement. For this purpose.                It  shall make
     recommendat Ions.
 4.  The representative    of the Community shall take the appropriate steps to
     ensure coordination between the Implementation of th/s Agreement and the
     decisions taken by the Community In respect of the Implementation of the
     Community programme.
5.   For the purpose of the proper Implementation of th/s Agreement, the
     Contracting Parties shall exchange Information and, at the request of
     either Party, shall hold consultations within the Committee.
6.   The Committee shall adopt Its own rules of procedure and It shall meet,
     at the request of either        Contracting  Party,    In accordance with the
     conditions to be laid down In Its rules of procedure.
                                       ARTICLE 4
For              (Iv) 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 limited to those arising        from contracts under the same
programme. In particular,        the general provisions      applicable    to research
contracts within the Community shall apply subject to this article,              mutatis
mutandis, to research contracts with                 (Iv) research and development
bodies and persons as far as questions relating            to taxation and customs
duties and the utilization     of research results are concerned.
(Iv)     Respectively  : Austrian;  Finnish;  Norwegian
                                                                                         £
 ---pagebreak---                                                -1D-
                                             ARTICLE S
 The Commission shal I send to                                (Il)    a copy of the         reports
 estabtlshed In accordance with Article               4 of the above mentioned Decision of
 the Council of the European Communities.
                                             ARTICLE g
Each Contracting Party undertakes, In accordance with their respective                        rules
and regulations,      to facilitate       the movement and residence of research workers
participating      In                (II)     and In the Community In the                 activities
covered by this Agreement.
                                             ARTICLE 7
The Commission and the                            (v)   shall     ensure the Implement at Ion of
this Agreement.
                                             ARTICLE g
Annexes A,B,C and D to this Agreement shall                be an Integral    part   thereof
                                             ARTICLE 9
1.   This Agreement shall         be concluded         for   the    duration  of  the Community
     programme.
     Should the Community revise the Community programme, this Agreement may
     be denounced under mutually agreed conditions                                (II)   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 three months after the Community decision has been adopted
    „lf a termination of this Agreement Is envisaged.
2.   Where the Community adopts a new R&D                     programme In the field of the
     environment , this Agreement may be renegotiated or renewed under mutually
     agreed     conditions.
(v)     Respectively        "Osterrelchlsches          Forschungszentrum Selbersdorf"             of
                            Austria;       Ministry     of the Environment of             Finland;
                            Ministry of the Environment of Norway.
                                                                                                     s?
 ---pagebreak---                                                H-
 3.  Subject    to paragraph 1, either        Contracting   Party may at any time
     terminate this Agreement with six months notice.           The projects and work
     In progress at the time of termination and/or expiry of th/s 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 estabiIshlng     the European Economic Community Is applied and under the
conditions laid down In that Treaty and, on the other hand, to the              territory
of                (II).
                                        ARTICLE 12
This Agreement shall be drawn up In duplicate In the Danish, Dutch,             English.
French, German, Greek, Italian,          Portuguese, Spanish and                       (vl)
languages, each of these texts being equally         authentic.
For the -European                                      For the                         (I)
Economic Community
(vl)   In the case of the Agreements with Finland and Norway, an              additional
       reference Is made here to the Finnish and Norwegian language as the
       case may be.
                                                                                            jd>
 ---pagebreak---                                                     -il-
                                                                                      ANNEX A
                                COMMUNITY PROGRAMME IN THE FIELD
                                  OF SCIENCE AND TECHNOLOGY FOR
                                 ENVIRONMENTAL PROTECTION (STEP)
                                               (1989 - Z993.)
 The Community programme shall             cover    the following      research      areas.
 Reference to the subtopics           contained      under the following         9 research    topics     Is
of an Indicative          nature:
                                                                                             INDICATIVE
                                                                                            ALLOCATION
                                            RESEARCH AREA 1
Environment and human health                                                                       5X
 1.1.   Development of biological             markers of exposure         and preclInlcal         effects
 1.2.   Development of environmental              epidemiology      In the European Community
 1.3.    Indoor    air  quality     and Its     Impact on man
                                            RESEARCH AREA 2
Assessment of risks          associated     with chemicals                                       10 X
2.1.   Development       and valIdation          of  protocols     for    the assessment      of     health
        risks
2.2.   Alternatives        to the use of animals          In chemical        testing
2.3.   Assessment procedures           for    the abiotic     degradation      of    chemicals
2.4.   Research on the assessment of ecological                   effects    of    chemicals
2.5.   Refinement         and       applIcatfon        of     quantitative               structure/activity
       relationships        (QSARs)
                                            RESEARCH AREA 3
Atmospheric processes and air             quality                                               20 X
3.1.   Tropospherlc         chemistry,       Including      analysis,      sources,     transport      and
       deposit Ion of pollutants            and other     airborne      substances
3.2.   Stratospheric        chemistry,      ozone depletion       and related       Issues
3.3.   Air    pollution     effects    on terrestrial        and aquatic      ecosystems
                                                                                                /
                                                                                                             ®
 ---pagebreak---                                                    -4i-
                                         RESEARCH AREA 4
Water quality                                                                     5%
4.1.   Analysis     and conversion      of     pollutants
4.2.   Effects     of     pollutants
                                         RESEARCH AREA 5
Soil  and groundwater protection                                                 8X
5.1.   Protection     against     Inorganic       pollutants
5.2.   Protect Ion against       organic       pollutants
5.3.   Effects     of agricultural      and forestry        practice
                                         RESEARCH AREA 6
Ecosystem research                                                               12 X
6.1.   Terrestrial       ecosystems
6.2.   Aquatic    and coastal      ecosystems    (Including        wetlands)
                                         RESEARCH AREA 7
Protection    and conservation       of the European cultural           heritage 8X
7.1.   Assessment of the mechanisms of the                   deterioration
7.2.   Critical     environmental       factors
7.2.   Damage assessment
7.3.   Material         characterization
7.4.   Conservation        techniques
                                                                                      £d
 ---pagebreak---                                            H/r-
                                    RESEARCH AREA 8
Technologies   for environmental     protection             12 X
8.1.  Waste    research
8.2.  Emission    abatement
8.3.  Clean     technologies
                                   RESEARCH AREA 9
Major technological    hazards and fire     safety         20 X
9.1.  Physical   and chemical   phenomena
9.2.  Technologies    of accident    prevention
9.3.  Evaluât Ion and management of      risk
                                                    TOTAL 100%
                                                                 &1
 ---pagebreak---                                                     - < / $ • -
                                                                                          ANNEX B
                             IMPLEMENTATION OF THE PROGRAMME AND
                    THE COMMUNITY'S RATE OF FINANCIAL PARTICIPATION
The programme shall        be implemented by means of
(I)     shared-cost     research         contracts,
(II)    concerted       actions,
(III)   coordination           activities,
(Iv)    education    and training        activities      and
(v)     studies    and    assessments.
The programme Is open to unlversltles,                  research organisât Ions and            industrial
companies. Including         small and medium-sized enterprises,               Individuals,      or any
combination thereof estabiIshed               In the Community and In                     (ID-     As a
rule,   projects     must be transnational            and at least one partner          In a project
must be estabiIshed        In the Community.
For shared-cost       contracts,       the Community participation         will    generally     be 50%
of the total expenditure,           but this percentage may be varied according to the
nature     and the stage          of development            of    the research.      In respect        of
universities       and research          Institutes        carrying   out projects        under      this
programme, the Community may bear up to 100% of the additional                               expenditure
 involved.
                                                                                                          ft
 ---pagebreak---                                                            - / * -
                                                                                                      AHHEX C
                                                 FINANCIAL PROVISIONS
           1.   According to the Council Decision              adopting      the STEP programme, the amount
                estimated    as necessary to carry            out this        Community programme shall             be
                75,000,000     ecus.
           2.   Austria's    financial     contribution         for Its association            to the Community
                programme Is estimated          to be 1,799,520 ecus and shall                   be added, along
                with other possible         contributions         from third        countries,      to the above
                mentioned amount, as foreseen In Article                 2 of this       Agreement.
           3.   The Indicative      timetable      for the committment appropriations                 of   the STEP
                programme and Austria's         contribution       are as       follows:
                                                                                                                  (ECU)
Community Committments            1989            1990                 1991                1992               TOTAL
   Management and
   Administration              365,000        1,060,000            2,547,000           2,649,000         6,621,000
   Operations
   Contracts               5,635,000        38,940,000             9,453,000          14,351,000       68,379,000
   TOTAL                   6,000,000        40,000,000            12,000,000          17,000,000       75,000,000
 Austria's    contribution
 Management and
 Administration                      0           27,645               66,426              69,086            163,156
 Operations
 Contracts                           0       1,015,555               246,534             374,274         1,636,364
 TOTAL                               0       1,043,200               312,960             443,360         1,799,520
                                                                                                                        G
 ---pagebreak---                                                   - t t ~
                                                                                       AHNEX P
                                           FINANCING RULES
 1. This Annex lays down the detailed                    rules   governing                      's(ll)
     financial    contribution     referred to In Article        2 of th/s Agreement.
 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                         (Il)     a
    call for funds corresponding to Its contribution                  to the costs under this
    Agreement.
    Th/s contribution        shall be expressed both In ecus and In the                          (Iv)
    currency,        the    composition       of     the ecu being       defined    In    Council
    Regulation       (EEC) No. 3180/78 (l),as              amended by Regulation        (EEC) N'
    1971/89 (2).        The value In                      (Iv) currency of the        contribution
    In ecu shall be determined on the date of the call for funds.
                (II)    shall pay Its contribution            to the annual cost under th/s
    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                              (II)
    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 shaiI              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                      (Iv)   representatives     and experts arising from
    their participation         In the work of the Committee referred to In Article 3
    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
    Council Decision         no. 84/338/Eur atom, ECSC, EEC. (3)
(1) OJ No L 379, 30.12.1978,           P. 1.
(2) OJ No L 189, 04.07.1989,           P. 1.
(3) OJ No L 177, 04.07.1984,           P. 25,
                                                                                                       fô
 ---pagebreak---                                         -if-
3.  The funds paid by              (II)   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.
4.  The Financial Regulation In force appiIcable to the general budget of the
    European Communities shall apply to the management of the     appropriations.
5. At the end of each year, a statement    of appropriations for the Community
   programme shall    be prepared     and  transmitted    to          (II)   for
   Information.
                                                                                  Q
 ---pagebreak---                                                                                              /f
                                                                                ISSN 0254-1475
                                                                    COM(91) 94 final
                                                      DOCUMENTS
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