CELEX: 51988PC0039
Language: en
Date: 1988-03-11
Title: Proposal for a COUNCIL DECISION concerning the conclusion of the Cooperation Agreement between the European Economic Community and the Kingdom of Sweden on research in the field of the recycling and utilization of waste (submitted by the Commission)

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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(88 ) 39 final
                                               Brussels , 21 March 1988
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                               Proposai for
                             COUNCIL DECISION
  concerning the conclusion of the Cooperation Agreement between the
       European Economic Community and the Kingdom of Sweden on
        research in the field of the recycling and utilization
                                   of waste
                      ( submitted by the Commission )
 ---pagebreak---                                       - 2 -
                 COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
Subject :   Proposal for a Council Decision concerning the conclusion of the
            Cooperation Agreement between the European Economic Community and
            the Kingdom of Sweden on research in the field of the recycling and
            utilization of waste .
1.  Pursuant to the Council Decisions of 25 May 1982 and 16 December 1983,
    Sweden and the Community cooperated for a period up to 31 December 1985 on
    research and development in the field of the recycling of urban and
    industrial waste . This cooperation proved profitable to both parties .
2.  By its decision of 10 June 1986,     the Council adopted a research programme
    on materials     Craw materials  and   advanced  materials -  1986-89 ) which
    includes a subprogramme on the recycling and utilization of waste .
    Article 6 of this Decision authorizes the Commission to negotiate
    agreements with third States ,    in particular those involved in European
    Cooperation in the field of scientific and technical research ( COST ), with
    a view to associating them wholly or partly with this programme .
3.  In the context of the Framework Agreement for scientific and technical
    coopertion between the European Communities and the Kingdom of Sweden , the
    conclusion of which on behalf of the Community was approved by Council
    Decision of 9 February 1987 , Sweden has expressed an interest in
    continuing to cooperate on research in the field of the recycling of
    waste .
4.  A comprehensive energy research and development programme which includes
    the recycling and utilization of waste is being carried out in Sweden .
    Bearing in mind the technical and scientific importance of this programme ,
    and the favourable attitude expressed on 30 June 1986 by the competent C6C
    regarding cooperation with Sweden in the field of recycling and
    utilization of waste , the Commission has negotiated a draft agreement to
    cooperate with Sweden in the research areas covered by the above mentioned
    Community programme .
 ---pagebreak---                                     - 3 -
5.  The draft agreement ,    which is annexed to the attached proposal for a
    Council decision , provides for :
    -  the association of Sweden with the implementation of the Community
       programme ;
    -  a financial contribution from Sweden for the funding of the work to be
       carried out in the framework of shared cost research contracts and of
       the   management  and   administrative  operating  expenditures  for  the
       Community programme ;    this financial contribution is proportional to
       Sweden 's gross domestic product ;
    - the entitlement of Swedish persons and undertakings to submit research
       proposals and to conclude the related research contracts with the
       Commi ssion ;
    -  the enlargement of the Management and Coordination Advisory Committee
       " Raw materials and other materials " to include Swedish representatives .
6 . The Commission proposes that th£ Council adopt the attached proposal for a
    decision .
 ---pagebreak---                                        Proposai for a
                                      COUNCIL DECISION
concerning the conclusion of a Cooperation Agreement between the European
Economic Community and the Kingdom of Sweden on research in the field of the
recycling and utilization of waste .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,     and
in particular Article 235 thereof ,
Having regard to the proposal by the Commission ,
Having regard to the opinion of the European Parliament ,
Whereas by its     Decision 86 / 235 / EEC    CD ,  the Council adopted a research
programme ( 1986 to 1989 ) on materials ( raw materials and advanced materials )
which includes a subprogramme covering , among others , research areas in the
field of the recycling and utilization of waste ; whereas Article 6 of that
Decision authorises the Commission to negotiate agreements with third States ,
in particular those involved in European cooperation in the field of
scientific and technical research ( COST ), with a view to associating them
fully or partly with this programme ,
Whereas , by Decision 87 / 177 / EEC ( 2 ), the Council approved the conclusion on
behalf of the European Economic Community of the Framework Agreement for
scientific and technical cooperation between the European Communities and ,
among others , the Kingdom of Sweden ,
Whereas the present Agreement should be approved .
Whereas the Treaty does not provide the necessary powers .
HAS DECIDED AS FOLLOWS :
(T ) O.J. N u L 159 , H / 6 / 86 , p. 36
(2)  O.J. N° L   71 , 14 / 3 / 87 , p. 29
 ---pagebreak---                                      - 5 -
                                    Article 1
The Cooperation Agreement between the European Economic Community and the
Kingdom of Sweden on research in the field of the recycling and utilization of
waste , 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 give the notification provided for in
Article 11 of the Agreement ( 3 ).
Done at
                                                   For the Council
                                                   The President
( 3) The date of entry into force of the Agreement will be published in the
     Official Journal of the European Communities by the General Secretariat
     of the Council .
 ---pagebreak---                6
      COOPERATION AGREEMENT
              BETWEEN
 THE EUROPEAN ECONOMIC COMMUNITY
                 AND
       THE KINGDOM OF SWEDEN
                 ON
   RESEARCH IN THE FIELD OF THE
RECYCLING AND UTILIZATION OF WASTE
 ---pagebreak---                                        - 7 -
                                COOPERATION AGREEMENT
                                       BETWEEN
                          THE EUROPEAN ECONOMIC COMMUNITY
                                         AND
                                THE KINGDOM OF SWEDEN
                                          ON
                            RESEARCH IN THE FIELD OF THE
                        RECYCLING AND UTILIZATION OF WASTE
 THE EUROPEAN ECONOMIC COMMUNITY , hereinafter referred to as "the Community",
and
THE KINGDOM OF SWEDEN , hereinafter referred to as " Sweden",
both hereinafter referred to as 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 10 June 1986, the Council of the European Communities ,
hereinafter referred to as "the Council ", adopted, for a period of four years
from 1 January 1986, a programme in the sector of materials ( raw materials and
advanced materials ), which includes a subprogramme covering among others ,
research areas in the field of the recycling and utilization of waste ,
hereinafter referred to as " the Community programme ";
WHEREAS , in pursuance of Council decisions of 25 May 1982 and 16 December 1983,
Sweden and the Community cooperated for a period extending until 31 December
1985 in a European research and development programme in the field of recycling
of urban and industrial waste and considering that the Contracting Parties
obtained mutual benefit from that cooperation ;
WHEREAS a comprehensive energy research and development programme including the
field of the recycling and utilization of waste is carried out in Sweden ;
 ---pagebreak---                                    - 8 -
WHEREAS the association of Sweden with the Community programme can help to
improve the efficacy of the research carried out by the Contracting Parties in
the field of recycling and utilization of waste and can avoid the useless
duplication of efforts ;
WHEREAS the Contracting Parties expect to derive mutual benefit from Sweden 's
association with the Community programme ;
HAVE AGREED AS FOLLOWS :
Article 1
Sweden is hereby associated with the implementation of the Community programme
as set out in Annex A.
Article 2
The financial contribution of Sweden , deriving from its association with the
implementation of the Community programme shall be established in proportion to
the amount available each year in the general budget of the European
Communities for appropriations covering commitments to meet financial
obligations of the Commission of the European Communities , hereinafter referred
to as " the Commission", resulting from work to be carried out in the framework
of shared cost research contracts necessary to the implementation of the
Community programme and from management and administrative operating
expenditures for the Community programme .
The proportionality factor governing Sweden 's contribution shall be given by
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 OECD statistic data .
The amount estimated as necessary to carry out the Community programme ,       the
amount of Sweden 's contribution and the timetable cf the commitment estimates
are set out in Annex B.
The provisions and rules governing Sweden 's financial contribution are set out
in Annex C.
 ---pagebreak---                                      - 9 -
Artide 3
For Swedish persons and undertakings ,       the terms and conditions for the
submission and the evaluation of research proposals and the terms and
conditions for the granting and conclusion of contracts under the Community
programme shall be the same as those applicable to persons and undertakings in
the Community .      In particular , the provisions of the General Terms and
Conditions applicable to research contracts within the Community shall apply ,
mutatis mutandis , to research contracts with Swedish persons and undertakings
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 Community
programme . It shall be assisted by the Management and Coordination Advisory
Committee on " Raw Materials and Other Materials ", hereinafter referred to as
" the Committee ", set up by Council Decision n° 84 / 338 ( 1 ).
The Committee shall be enlarged to include representatives or experts
designated by Sweden not exceeding three in number . They shall participate
solely in the work of the Committee which meets in its variable configuration
to accomplish the tasks concerning the Community programme on the recycling and
utilization of waste . Travel costs of Swedish representatives deriving from
their participation in the work of the Committee shall be reimbursed by the
Commission .
Article 5
With regard to the concerted action referred to in Annex A , Sweden and the
participating Community Member States ,      as well as the Community ,     shall
regularly exchange any useful information resulting from those activities .
The information shall be treated as confidential if the participating State
which provides it so requests .
( 1 ) O.J. L 177 of 04.07.1984 p. 25 .
 ---pagebreak---                                        - 10 -
Article 6
Persons participating in Sweden and in the Community in the activities covered
by this agreement shall obtain from the competent authorities the permits and
authorizations necessary for their work .
Article 7
The Commission and the Swedish National Board for Technical Development shall
ensure the implementation of this agreement .
Article 8
This agreement shall apply, on the one hand, to the territory in which the
Treaty establishing the 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 9
 1 . This agreement is concluded for the duration of the Community programme .
       Should the Community revise the Community programme , the agreement may be
       terminated in the month following the Community decision .
       The Contracting Party wishing to terminate the agreement shall give written
       notice to the other Contracting Party of its decision .    The agreement shall
       terminate on the date of receipt of the written notice by the other
       Contracting Party .
  2 . This agreement shall be renewed by tacit agreement when the Community adopts
       a new Community programme , for the duration of the new programme , unless it
       is terminated in the month following the adoption of the new programme .
       The provisions of the second subparagraph of paragraph 1 above remain
       applicable .
  3 . Whenever a decision on a Community programme is taken by the Community ,
       Annexes A and B shall be amended in accordance with the Community 's
       decision .
  4 . This agreement shall not be regarded as having expired merely because there
        is a delay in the adoption of a future Community programme .
   5 . Excepted as provided in paragraphs 1 and 2 of this article ,             either
        Contracting   Party   may at  any time    give written  notice to   the other
        Contracting Party of its decision to terminate this agreement .            The
        agreement shall terminate six months after the date of receipt of the
        written notice by the other Contracting Party .      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 the
        agreement , unless otherwise agreed upon .
 ---pagebreak---                                    - 11
Artide 10
The Annexes A , B and C to this agreement shall be an integral part thereof .
Article 11
This agreement shall be approved by the Contracting Parties in accordance with
their existing procedures .   Subject to the Contracting Parties having notified
each other of the completion of the procedures necessary for this purpose , it
shall enter into force on 1 January 1988 .
Article 12
This agreement shall be drawn up in duplicate in the Danish , Dutch , English ,
French , German , Hellenic , Italian, Portuguese and Spanish languages , each of
these texts being equally authentic .
Done at
                                            For the Kingdom of Sweden
                                            For the Council of the European
                                            Communities .
 ---pagebreak---                                         12
                                         ANNEX A
                        COMMUNITY PROGRAMME IN THE FIELD OF
                           THE RECYCLING AND UTILIZATION
                                        OF WASTE
                                    ( 1986 - 1989 )
The following research areas are included in the Community programme :
1.   Modelling of waste arisings , sampling and analysis
     ( coordination activities )
2.   Recycling technologies :
     - recovery and separation processes
     - upgrading and use of reclaimed products
3.   Integrated technologies for the utilization of wastes :
    - anaerobic digestion , composting and other aerobic treatments
       ( coordination activities )
    - production of chemicals - thermal treatment of waste
       ( mostly coordination , with shared-cost contracts for special
       projects )
4.  Use of lignocellulose-containing by-products and other plant residues for
    animal feeding ( concerted action COST 84a )
The work shall be carried out as shared-costs contract research ,     coordination
and training activities , and one concerted action .
 ---pagebreak---                                       - 13 -
                                         ANNEX B
                                  FINANCIAL PROVISIONS
Article 1
The amount estimated as necessary to carry out the Community programme shall be
4,544,630 ECU .    This amount includes a sum of 250,000 ECU for the extension of
the concerted action COST 84a .
Article 2
The estimated amount of Sweden 's financial contribution shall be 178,877 ECU .
Article 3
The   timetable    of   the   commitment    estimates   and   of Sweden 's   financial
contribution is given in the following table .
                                COMMITMENTS FOR
 YEAR                                                                    SWEDEN'S
                                                                      CONTRIBUTION
             MANAGEMENT AND
             ADMINISTRATIVE          CONTRACTS          TOTAL
                OPERATION
 1986           193,950                 0               193,950             7,634
 1987           198,250             3,037,430         3,235,680          127,356
 1988           192,500               730,000           922,500            36,310
 1989           192,500                 0               192,500             7,577
 GRAND          777,200             3,767,430         4,544,630          178,877
 TOTAL
sssssssss s
                      TIMETABLE OF THE COMMITMENTS ESTIMATED AS
                         NECESSARY TO CARRY OUT THE COMMUNITY
                        PROGRAMME ( COMMITMENT APPROPRIATIONS )
                          AND OF SWEDEN 'S CONTRIBUTION ( ECU )
 ---pagebreak---                                       14
                                       ANNEX C
                                   FINANCING RULES
Article 1
This Annex lays down the provisions and rules governing Sweden 's financial
contribution referred to in Article 2 of the agreement .
Article 2
At the beginning of each year , or whenever the Community programme is revised
so as to involve an increase in the amount estimated as necessary to its
carrying out ,      the Commission shall send to Sweden a call for funds
corresponding to its contribution to the costs under the agreement .
This contribution shall be expressed both in ECU and in the Swedish currency ,
the composition of the ECU being defined in the Council Regulation n° 78/ 3180
( 1 ). The value of the contribution in ECU shall, be determined on the date of
the call for funds .
Sweden 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 Sweden at e rate equal to the highest discount rate
obtaining 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 Sweden shall be credited to the Community programme as budget
receipts allocated to its appropriate heading in the statement of revenue of
the general budget of the European Communities .
Article 4
The Financial Regulation in force applicable to the general budget of the
European Communities shall apply to the management of the appropriations .
Article 5
At the end of each year ,       a statement of appropriations for the Community
programme shall be prepared and transmitted to Sweden for information .
 ( 1 ) O.J. L379 of 30.12.78, p. 1
 ---pagebreak---                                         l<
                 FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Ce projet a trait a une décision du Conseil concernant la conclusion d' un
accord de coopération entre la CEE et la Suède relatif à la recherche dans le
domaine du recyclage et de la valorisation des déchets .
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 .