CELEX: 51989PC0389
Language: en
Date: 1989-07-27
Title: Proposal for a COUNCIL DECISION concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Republic of Austria in the field of medical and health research (presented by the Commission)

ARCHIVES HISTORIQUES
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DOCUMENTS "COM"
COM (89) 389
Vol. 1989/0129
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(89 ) 389 final- SYN 214
                                                     Brussels , 27 July 1989
                              Proposai for a
                             COUNCIL DECISION
   concerning the conclusion of a Cooperation Agreement between the
 European Economic Community and the Republic of Austria in the field
                    of medical and health research
                      (presented by the Commission )
 ---pagebreak---                                          - 2 -
                                EXPLANATORY MEMORANDUM
Subject :   Proposal for a Council Decision concerning the conclusion of a
            Cooperation Agreement between the European Economic Community and
            the Republic of Austria in the field of medical and health
            research .
1.  By its Decision of 17 November 1987 , the Council adopted a research and
    development programme of the Community in the field of medical and health
    research    ( 1987 to 1991 ).     Article  7 of   this Decision  authorises the
    Commission to negotiate agreements with the non-member States
    participating in European cooperation in the field of scientific and
    technical research ( COST ) with a view to associate them wholly or partly
    with the programme .
2.  In the context of the implementation of the Framework Agreement for
    scientific and technical cooperation between the European Communities and
    the Republic of Austria , the conclusion of which on behalf of the EEC was
    approved by the Council Decision of 9 February 1987, Austria has
    expressed an interest in cooperating in some of the research targets of
    the above-mentioned programme .
3.  Comprehensive research and development activities in the field of
    medicine and health are carried out in Austria .            Bearing in mind the
    scientific and technical importance of these activities and considering
    that cooperation with Austria in the field of medical and health research
    is likely to contribute effectively to the attainment of an optimum level
    of individual and public health , the Commission has negotiated a draft
    cooperation agreement with Austria .
1♦. The draft agreement , which is annexed to the attached proposal for a
    Council decision , provides for :
        cooperation     in  the   following   reseach   targets   of  the  Community
        programme :
           -   Cancer ( Target 1.1 ),
           -   AIDS ( Target 1.2 ),
           -   Age-related health problems ( Target 1.3 ),
           -   Environment and life-style related health problems ( Target 1.4 ).
         The cooperation consists of the coordination of the activities which
         form part of the research programmes of Austria and of the Community .
 ---pagebreak---     a financial contribution from Austria for the implementation of the
    coordination activities .    This financial contribution is proportional
    to Austria 's gross domestic product and covers coordination costs ,
    management and operating expenditure and fellowships .
    the enlargement of the Management and Coordination Advisory Committee
    on medical and health research     ( CGC ) and of the relevant Concerted
    Action Committees ( COMACs ) to include Austrian representatives .
In view of the nature of the cooperation , any additional expenditure paid
from the Community budget ( relevant budget heading 7311 ) resulting from
the implementation of this draft agreement will be covered by Austria 's
financial contribution .
The funds paid by Austria will be credited to the Community budget
( relevant budget article 602 ).
 ---pagebreak---                                         - 4 -
                                  Proposai for a
                                 COUNCIL DECISION
concerning the conclusion of a Cooperation Agreement between the European
Economic Community and the Republic of Austria in the field of medical and
health research .
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 ( 1 ),
In cooperation with the European Parliament ( 2 ),
Having regard to the opinion of the Economic and Social Committee ( 3 ),
WHEREAS by Decision 87 / 551 / EEC ( 4 ),     the Council adopted a research and
development coordination programme of the European Economic Community in the
field of medical and health research ( 1987 to 1991 ); whereas Article 7 of
this Decision authorises the Commission to negotiate agreements with the
non-member States participating in European cooperation in the field of
scientific and technical research ( COST ) with a view to associate them wholly
or partly with this programme .
 (1 ) O.J. N° C ■ ·····
 (2)  O.J. N° C .....
 (3)  O.J. N° c .....
 (4)  O.J. N° L 334, 24.11.1987, p.
 ---pagebreak---                                          - 5 -
WHEREAS by Decision 87 / 177 / EEC ( 1 ), the Council approved the conclusion on
behalf of the European Economic Community of the the Framework Agreement for
scientific and technical cooperation between the European Communities and ,
among others , the Republic of Austria ,
WHEREAS the cooperation Agreement between the European Economic Community and
the Republic of Austria in the field of medical and health research should be
approved ,
HAS DECIDED AS FOLLOWS :
Article 1
The Cooperation Agreement between the European Economic Community and the
Republic of Austria in the field of medical and health research , 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 7 of the Agreement .
Article 3
The present Decision shall enter into force on the day following              its
publication in the Official Journal of the European Communities .
Done at ....
                                                              For the Council
                                                              The President
(1 ) O.J. N° L 71 , 14.03.1987 , p. 29
 ---pagebreak---      COOPERATION AGREEMENT
            BETWEEN
THE EUROPEAN ECONOMIC COMMUNITY
              AND
    THE REPUBLIC OF AUSTRIA
        IN THE FIELD OF
  MEDICAL AND HEALTH RESEARCH
 ---pagebreak---                                       - 7 -
                              COOPERATION AGREEMENT
                                     BETWEEN
                         THE EUROPEAN ECONOMIC COMMUNITY
                                       AND
                             THE REPUBLIC OF AUSTRIA
                                 IN THE FIELD OF
                           MEDICAL AND HEALTH RESEARCH
THE EUROPEAN ECONOMIC COMMUNITY / hereinafter referred to as " the Community",
and
THE REPUBLIC OF AUSTRIA, hereinafter referred to as " Austria ",
both hereinafter referred to as " the Contracting Parties ",
WHEREAS the Contracting Parties concluded a Framework Agreement for
Scientific and Technical Cooperation which entered into force on 30 July
1987 ;
WHEREAS by its Decision of 17 November 1987, the Council of the European
Communities , hereinafter referred to as " the Council ", adopted a research and
development coordination programme of the Community in the field of medical
and health research ( 1987 to 1991 ) which includes among others , research
targets on cancer , AIDS , age-related health problems and environment and
life-style related health problems ;
WHEREAS comprehensive research and development activities in the field of
medical and health research are carried out in Austria ;
WHEREAS cooperation in the field of medical and health research is likely to
contribute effectively to the attainment of an optimum level of individual
and public health ;
WHEREAS the Member States of the Community and Austria intend, in accordance
with 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 coordination which they consider will be of
mutual benefit ;
HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                       - 8 -
Article 1
The Contracting Parties shall cooperate in the following research targets of
the Community programme :
1.    From 1 January 1988 to 31 December 1991
      - Age-related health problems ( Target 1.3 )
      - Environment and life-style related health problems ( Target 1.4 )
2.    From 1 January 1989 to 31 December 1991
      -  Cancer ( Target 1.1 )
      -  AIDS ( Target 1.2 )
The research topics covered by this Agreement are outlined in Annex A.
The cooperation shall consist of the coordination of those activities which
form part of the research programmes of Austria and of the Community .
Austria and the Member States of the Community shall remain entirely
responsible for the research carried out by their national institutions or
bodies .
Article 2
The Commission of the European Communities , hereinafter referred to as " the
Commission ", shall be responsible for the implementation of the coordination
activities .
It shall be assisted in its task by the Management and Coordination Advisory
Committee on Medical and Health Research , hereinafter referred to as the
" CGC ", set up by Council Decision 84 / 338 ( 1 ).  This CGC may be assisted by
Concerted Action Committees ( COMACs ) composed of experts designated by the
competent authorities of Member States of the Community .
The CGC , together with those COMACs relevant to the research target referred
to in Article 1 , shall be enlarged to include two representatives designated
by Austria who may be assisted or replaced by one Austrian expert .        These
representatives and / or experts shall attend meetings of the CGC and those
COMACs for all items relevant to that research target .
Article 3
The     estimated    financial contribution     from  the   Community  for   the
implementation of the coordination activities covered by this Agreement shall
be set according 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 relating to coordination costs and to
management and operating expenditure .
TU–OJ N u L 177 of Û4.0Z.1984 , p. 2b
 ---pagebreak---                                         - 9 -
The estimated financial contribution from Austria       for the   same costs and
expenditure shall be proportional to the Community 's contribution .             The
proportionality factor shall be given by the ratio between Austria '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
Austria . This ratio shall be calculated on the basis of the latest available
OECD statistical data .
The total financial contributions from the Contracting Parties            for the
periods referred to in Article 1 are estimated to amount to :
     Ecu 35,335,000 from the Community
-    Ecu    939,909 from Austria
The Ecu is that defined by the Council Regulation ( EEC ) No 3180 / 78 of 18
December 1978 changing the value of the unit of account used by the European
Monetary Cooperation Fund ( 1 ), as amended by Regulation ( EEC ) No 2626 / 84 ( 2 ).
The rules governing the financial contribution from Austria are set out in
Annex B.
Article 4
During the course of its third year , the Commission shall evaluate the
programme , having regard to the objectives of the research targets referred
to in Article 1 .    As a result of this evaluation , the Commission may , after
the CGC has been consulted , submit to the Council a proposal for a revision
affecting the research target .      Austria shall be informed of the results of
this evaluation and of any possible revision .
Article 5
The Member States of the Community ,          Austria and the Commission shall
regularly exchange all useful information concerning the execution of the
research subjects covered by this Agreement .         The Member States of the
Community and Austria shall provide the Commission with all information
necessary for coordination purposes .       They shall also endeavour to provide
the Commission with information on similar research planned or carried out by
bodies which are not under their authority . Any information shall be treated
as confidential if so requested by the party which provides it .
On completion of the coordination activities covered by this Agreement , the
Commission , in agreement with the CGC , shall send to the Member States of the
Community , the European Parliament and Austria a summary report on the
implementation and results of the research .
Article 6
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 Austria .
 (T)   0J N” L 379 of 30.12.1978 , p. 1
 (2)   0J N° L 247 of 16.09.1984 , p. 1
 ---pagebreak---                                       - 10 -
Artide 7
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 have notified each other of the completion of
the procedures necessary for this purpose .
Article 8
1.   This Agreement is concluded for the period referred to in Article 1 .
     Should the Community revise the Community programme , the Agreement may be
     renegotiated or terminated under mutually agreed conditions .        Austria
     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 one month after the Community decision has
     been adopted if a termination of the Agreement is envisaged .
2.   Whenever a decision on the Community programme is taken by the Community ,
     Annexes A and B shall be amended in accordance with the Community 's
     decision , unless otherwise agreed upon by the Contracting Parties .
3.   Excepted as provided in paragraph 1 of this Article , either Contracting
     Party may at any time terminate this Agreement with 6 months' notice .
Article 9
The Annexes A and B to this Agreement shall be an integral part thereof .
Article 10
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 .
 Done at
                                                    For the Council
                                                    of the European Communities
                                                    For the Republic of Austria
 ---pagebreak---                                      - 11
                                    ANNEX A
                    RESEARCH TOPICS COVERED BY THE AGREEMENT
Target 1.1   Cancer :
Area 1.1.1
         k
             Cancer research training scheme
Area 1.1.2   Clinical treatment research
Area 1.1.3   Epidemiological research
Area 1.1.4   Early detection and diagnosis
Area 1.1.5   Drug development
Area 1.1.6   Experimental ( fundamental ) research
Target 1.2   AIDS :
Area 1.2.1   Disease control and prevention
Area 1.2.2 : Viro-immunological research
Area 1.2.3 : Clinical research
Target 1.3 ~ AGE-RELATED HEALTH PROBLEMS :
Area 1.3.1 : Reproduction
Area 1.3.2 : Ageing and disease
Area 1.3.3 : Disabilities
Target 1.4 - Environment and life-style related health problems
Area 1.4.1   Breakdown in human adaption
Area 1.4.2   Nutrition
Area 1.4.3   Consumption of illicit drugs
Area 1.4.4   Infections
 ---pagebreak---                                      - 12 -
                                    ANNEX B
                                FINANCING RULES
Article 1
These provisions lay down the financing rules for Austria referred to in
Article 3 of the Agreement .
Article 2
At the beginning of each year , or - in accordance with Article 8 of the
Agreement - whenever the Community programme is revised so as to involve an
increase in the amount estimated to be necessary for its implementation, the
Commission shall send to Austria a call for funds corresponding to its share
of the annual costs under the Agreement .
This contribution shall be expressed both in Ecu and in the Austrian
currency . The value in Austrian currency of the contribution in Ecu shall be
determined on the date of the call for funds .
The travel costs of Austrian representatives and experts deriving from their
participation in the work of the CGC and COMACs referred to in Article 2 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 .
Austria shall pay its contribution to the annual costs under the Agreement at
the beginning of each year and at the latest three months after the call for
funds is sent . Any delay in the payment of the contribution shall give rise
to the payment of interest by Austria 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 .
Article 3
The funds paid by Austria shall be credited to the four research targets as
budget receipts allocated to an appropriate heading in the statement of
revenue of the general budget of the European Communities .
Article 4
The provisional timetable for the costs referred to in Article 3 of the
Agreement are appended hereto .
 ---pagebreak---                                     - 13 -
Artide 5
The Financial Regulations 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 year , a statement of appropriations for the four research
targets shall be prepared and transmitted to Austria for information .
 ---pagebreak---                            PROVISIONAL TIMETABLE FOR THE COSTS RELATING TO THE RESEARCH TARGETS ( ECU )
                      Budget heading 7311 "Medical and Health research " ( appropriations for commitments )
                              COMMUNITY 'S COMMITMENTS                                     AUSTRIA 'S CONTRIBUTION
  YEAR                            TARGETS                                                     TARGETS
                                                                    TOTAL                                             TOTAL
              1.1           1.2 *          1.3         1.4                     1.1       1 . 2*       1.3      1.4
  1988      3,725,000   3,500,000       1,670,000   1,350,000    10,245,000                         44,420    35,910  80,330
                                                                                                                             I
  1989      4,175,000   4,000,000       2,200,000   1,650,000    12,025,000  111,055   106,400      58,520    43,890 319,865
  1990      4,200,000   3,340,000       2,400,000   1,400,000    11,340,000  111,720    88,844      63,840    37,240 301,644
  1991      4,950,000   1,000,000       2,150,000      850,000     8,950,000 131,670    26,600      57,190    22,610 238,070
  GRAND
  TOTAL    17,050,000  11,840,000       8,420,000   5,250,000   42,560,000   354,455   221,844     223,970   139,650 939,909
*  Including support for " centralized facilities " for primates .
 ---pagebreak---                  FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Ce projet a trait à une décision du Conseil concernant la conclusion d' un
accord de coopération entre la CEE et l' Autriche dans le domaine de la
recherche médicale et sanitaire .
En tant que tel ,   ce projet peut avoir un impact positif sur les PME , dans la
mesure où il constitue un instrument     facilitant l' accès à la connaissance et
à l' échange d' expériences .