CELEX: 21994A0824(02)
Language: en
Date: 1994-03-15 00:00:00
Title: Cooperation Agreement between the European Atomic Energy Community and the Kingdom of Sweden on radiation protection

Avis juridique important

|

21994A0824(02)

Cooperation Agreement between the European Atomic Energy Community and the Kingdom of Sweden on radiation protection  

Official Journal L 219 , 24/08/1994 P. 0010

COOPERATION AGREEMENT between the European Atomic Energy  Community and the Kingdom of Sweden on radiation protectionTHE EUROPEAN ATOMIC  ENERGY COMMUNITY, hereinafter called 'the Community`, and THE KINGDOM OF SWEDEN, hereinafter called Sweden, both hereinafter called the 'Contracting Parties`, WHEREAS the Community and Sweden concluded a Framework Agreement for scientific and technical  cooperation which entered into force on 27 August 1987; WHEREAS, by Decision of 28 November 1991, the Council of the European Communities, hereinafter  called 'the Council`, adopted a specific research and education programme in the field of nuclear  fission safety (1990 to 1994), which includes as Area 1 'radiation protection`, hereinafter called  the 'Community subprogramme`; WHEREAS the association of Sweden with the Community subprogramme can help to improve the efficacy  of the research carried out by the Contracting Parties in the field of nuclear fission safety and  can avoid the useless duplication of efforts; WHEREAS the Community and Sweden expect to obtain mutual benefit from Sweden's association with the  Community subprogramme, HAVE AGREED AS FOLLOWS: Article 1 Sweden is hereby associated as from 1 January 1992 with the  implementation of the Community subprogramme 'radiation protection` as set out in Annex A. The  implementation of the subprogramme and the Community's rate of financial participation are set out  in Annex B. Article 2 The financial contribution of Sweden, deriving from its association with the  implementation of the Community subprogramme, 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 shared-cost research contracts necessary for the implementation of the Community subprogramme  and from management and administrative operating expenditure for the said subprogramme. The proportionality factor governing Sweden's contribution shall be obtained by establishing the  ratio between Sweden'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 Sweden. This  ratio shall be calculated on the basis of the latest available statistical data of the Organization  for Economic Cooperation and Development (OECD). The funds estimated as necessary to carry out the Community subprogramme, the indicative amount of  Sweden's contribution to management and administration operations and contracts, and the timetable  of the commitment estimates are set out in Annex C. The rules governing Sweden's financial contribution are set out in Annex D. Article 3 For Swedish 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 subprogramme shall be the same as those applicable to  research and development bodies and persons in the Community provided that the rights of access to  results shall be limited to those arising from contracts under the subprogramme 'radiation  protection`. In particular, the general provisions applicable to research contracts within the  Community shall apply subject to this Article, mutatis mutandis, to research contracts with Swedish  research and development bodies and persons as far as questions relating to taxation and customs  duties and the utilization of research results are concerned. Article 4 The Commission shall be responsible for the implementation of the subprogramme and  shall be assisted in the implementation by the Management and Coordination Advisory Committee (CGC)  for Radiation Protection, set up by Decision 84/338/Euratom, ECSC, EEC of 29 June 1984 dealing with  structures and procedures for the management and coordination of Community research, development  and demonstration activities  (1). The Committee shall be enlarged to include two representatives designated by Sweden who may be  assisted or replaced by one Swedish expert. They shall participate solely in the work of the  Committee which meets in its variable configuration to accomplish the tasks concerning Area 1,  'radiation protection`, of the Community programme on nuclear fission safety. Article 5 1.  In the course of the second year of implementation of the subprogramme, the  Commission shall review it and send a report on the results of its review to the European  Parliament, the Council, the Economic and Social Committee and Sweden; this report shall be  accompanied, where necessary, by proposals for amendment. 2.  At the end of the subprogramme, an evaluation of the results achieved shall be conducted for  the Commission by a group of independent experts. This group's report, together with any comments  by the Commission, shall be submitted to the European Parliament, the Council and the Economic and  Social Committee, and sent to Sweden. 3.  The reports referred to in paragraphs 1 and 2 shall be established having regard to the  objectives set out in Annex A. Article 6 Each Contracting Party undertakes, in accordance with their respective rules and  regulations, to facilitate the movement and residence of research workers participating in Sweden  and in the Community in the activities covered by this Agreement. Article 7 The Commission and the Swedish Radiation Protection Institute shall ensure the  implementation of this Agreement. Article 8 The Annexes A, B, C and D to this Agreement shall be an integral part thereof. Article 9 1.  This Agreement is concluded for the duration of the Community subprogramme  finishing on 31 December 1994. Should the Community revise the Community subprogramme, this Agreement may be denounced under  mutually agreed conditions. Sweden shall be notified of the exact content of the revised  subprogramme 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 this Agreement is envisaged. 2.  Where the Community adopts a new R& D programme in the field of radiation protection, this  Agreement may 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 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  establishing the European Atomic Energy Community is applied and under the conditions laid down in  that Treaty and, on the other hand, to the territory of the Kingdom of Sweden. Article 12 This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, French,  German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of these texts being  equally authentic. Done at Brussels, 21 June 1994. For the European Atomic Energy Community For the Kingdom of Sweden   ANNEX A OBJECTIVES AND SCIENTIFIC AND TECHNICAL CONTENT OF THE SUBPROGRAMME RADIATION  PROTECTION The aim is to provide the scientific knowledge for an objective assessment of radiation  effects and risks and to determine methods to optimize radiation protection. Research will be  carried out to define the extent of exposure and the ways in which it can occur from natural,  medical and industrial sources, study the health consequences, including the treatment of  over-exposure, and assess, in a comparative and quantitative way, the risks which radiation can  pose to man and his environment. This scientific knowledge is a prerequisite for the continued updating of the 'Basic Safety  Standards for the Health Protection of the General Public and Workers against the Dangers of  Ionizing Radiation` and will provide the scientific basis for the continued evolution of radiation  protection concepts and practices. It is also aimed at maintaining and enhancing the technical and regulatory aspects of expertise in  radiation protection and will help the relevant authorities to evaluate the impact of long-term  choices in energy policy on man and his environment, to manage normal operational and emergency  situations and to inform the public objectively about the risks and benefits of radiation. Health  risks posed by decommissioning will be analysed both for systems of containing radioactivity in the  event of serious accidents and for installations decommissioned or about to be decommissioned at  the end of their normal operation. Issues related to concern about radiation and its effects, heightened by the accident at Chernobyl  and by more recent information on risk estimates and on the extent of exposure from natural,  medical and industrial sources, will be addressed. Research will aim, in an increasingly complex  environment, at reducing the uncertainties surrounding the evaluation of risks at low doses/low  dose rates by combining epidemiological information with that obtained from a variety of  experimental approaches. The risks related to radon in homes will be assessed. Comparative studies taking into account the  relevant factors (geographical areas, building materials, lifestyles, etc.) will be undertaken.  They should provide information enabling effective and durable countermeasures to be devised to  reduce population exposure. Research on optimizing procedures will be carried out in order to  reduce patient exposure from diagnostic radiology. Management procedures based on improved  scientific information will be developed to optimize radiological protection in the workplace. Scientific procedures will be developed to allow the consequences of nuclear emergencies to be  assessed in real time and their management to be improved thus enabling the most effective  countermeasures to be taken, to reduce transfer of radioactive contamination to man and to treat  victims of radiation accidents. The solving of the complex problems involved requires that information from very different subject  areas be integrated in a multi-disciplinary approach in which the following themes will be  addressed: Human exposure to radiation and radioactivity The objective is to develop ways and means of measuring radiation doses in an accurate and reliable  way and to define the critical pathways of radioactivity in the environment and possible strategies  to impede the transfer of radionuclides to man. The behaviour of radionuclides in the environment will be studied, focusing on natural and  long-lived artificial radionuclides which can accumulate in natural or semi-natural ecosystems or  undergo chemical and biological modifications. In addition, countermeasures to reduce the  consequences of radioactive contamination for man and his environment will be investigated. Effects of radiation exposure on man: assessment, prevention and treatment The objective is to determine quantitatively effects occurring at low doses/low dose rates  (stochastic effects), to develop means to recognize and treat consequences of radiation accidents  (non-stochastic effects) and to assess effects on the developing organism. A concerted approach based on microdosimetry, biophysical modelling, molecular, cellular and animal  studies and epidemiology will be undertaken to understand the mechanisms involved and to evaluate  the risks of radiation-induced cancer and genetic damage in man, making use, inter alia, of  sampling and comparative epidemiological studies conducted in different areas. This will lend considerable support to the interpretation of human epidemiological data and to  their extrapolation to low doses/low dose rates. Diagnosis and treatment of consequences of accidents involving local external or whole-body  exposure or internal contamination with radionuclides, will be improved by studying their  pathogenesis and making use of new molecular and cellular techniques. Investigations on the  developing organism will focus on brain damage after irradiation in utero, on radiation-induced  cancers and on the transfer of radionuclides in the foetus and during infancy and childhood. Risks and management of radiation exposure The objective is to evaluate the overall risks of human exposure to radiation and to provide the  methods for optimizing and managing radiation protection in normal and accident situations. Systematic information on human exposure from natural, medical and industrial sources will be  collected and emphasis will be placed on epidemiological studies, including those on persons  exposed at the work-place or to enhanced natural radioactivity. The factors affecting population  radon exposure in homes and possible countermeasures will be investigated. Radiation risks will be  put into perspective by comparing them with other risks. Optimization of radiation protection in normal and accident situations will be investigated to  conform with new basic standards. Radiation accident consequence models and emergency management  procedures will be further developed. Optimization of diagnostic exposure will be achieved by  developing quality assurance measures for medical image quality and analysing the risks and  benefits of the different procedures.  ANNEX B IMPLEMENTATION OF THE SUBPROGRAMME AND THE COMMUNITY'S RATE OF FINANCIAL  PARTICIPATION 1.  The Commission will implement the subprogramme on the basis of the objectives  and the scientific and technical content described in Annex A. 2.  Selection of projects must take account of the criteria listed in Annex III to Council Decision  90/221/Euratom, EEC  (1), adopting the third framework programme, and the objectives set out in  Annex A to this Agreement. The subprogramme will be conducted mainly through shared-cost research projects. The projects will  be the subject of shared-cost research and technological development contracts and Community  financial participation will not normally be more than 50  %. Universities and other research  centres participating in shared-cost projects will have the option of requesting, for each project,  either 50  % funding of total expenditure or 100  % funding of additional marginal costs. Shared-cost research projects must be carried out by participants established within the Community  and in Sweden. The projects, which may involve, for example, universities, research organizations  and industrial firms, including small and medium-sized enterprises, must provide for participation  by at least two mutually independent partners established in different Member States of the  Community. Contracts relating to shared-cost research projects must as a general rule be concluded  following a selection procedure based on calls for proposals published in the Official Journal of  the European Communities. 3.  The knowledge acquired in the course of the projects will be disseminated both within the  subprogramme and by means of a centralized action, pursuant to the Decision referred to in Article  4, third paragraph, of Decision 90/221/Euratom, EEC.  ANNEX C FINANCIAL PROVISIONS 1.  The amount estimated as necessary to carry out the  subprogramme shall be ECU 41  140  000. 2.  Sweden's financial contribution for its association with the Community subprogramme is  estimated to be ECU 1  501  610 and shall be added, along with other possible contributions from  third countries to the abovementioned amount, as foreseen in Article 2 of this Agreement. 3.  The indicative timetable for the commitment appropriations of the subprogramme and Sweden's  contribution are as follows: >TABLE></(BLK0)COL><(BLK0)COL ID="2">    >TABLE></(BLK0)COL></(BLK0)ROW></(BLK0)CORPUS></(BLK0)TBL>  ANNEX D FINANCING RULES 1.  This Annex lays down the detailed rules governing Sweden's  financial contribution referred to in Article 2 of this Agreement. 2.  At the beginning of each year, or whenever the Community subprogramme is revised so as to  involve an increase in the amount estimated as necessary for its implementation, the Commission  shall send to Sweden a call for funds corresponding to its contribution to the costs under this  Agreement. This contribution shall be expressed both in ecus and in the Swedish currency, the composition of  the ecu being defined in Regulation (EEC) No 3180/78  (1), as amended by Regulation (EEC) No  1971/89  (2). The value in Swedish currency of the contribution in ecus shall be determined on the  date of the call for funds. 3.  Sweden shall pay its contribution to the annual costs under this 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 Sweden 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 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. 4.  Travel costs of Swedish representatives and experts arising from their participation in the  work of the Committee referred to in Article 4 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 Decision  84/338/Euratom, ECSC, EEC. 5.  The funds paid by Sweden shall be credited to the Community subprogramme as budget receipts  allocated to its appropriate heading in the statement of revenue of the general budget of the  European Communities. 6.  The Financial Regulation in force, applicable to the general budget of the European  Communities, shall apply to the management of the appropriations. 7.  At the end of each year, a statement of appropriations for the Community subprogramme shall be  prepared and transmitted to Sweden for information.