CELEX: 51990PC0024
Language: en
Date: 1990-05-10
Title: PROPOSAL FOR A COUNCIL DECISION CONCERNING THE CONCLUSION OF A COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF FINLAND ON A RESEARCH AND DEVELOPMENT PROGRAMME FOR THE EUROPEAN ECONOMIC COMMUNITY IN THE FIELD OF APPLIED METROLOGY AND CHEMICAL ANALYSIS ( B.C.R. )

16. 6. 90                                Official Journal of the European Communities                               No C 148/31
               Proposal for a Council Decision concerning the conclusion of a Cooperation Agreement between the
               European Economic Community and the Republic of Finland on a research and development
               programme for the European Economic Community in the field of applied metrology and chemical
                                                           analysis (BCR)
                                                   COM(90) 24 final — SYN 247
                                        (Submitted by the Commission on 18 May 1990)
                                                          (90/C 148/06)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             scientific and technical cooperation between the European
                                                                      Communities and, among others, the Republic of Finland;
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 130 Q (2)              Whereas the Cooperation Agreement between the European
 thereof,                                                             Economic Community and the Republic of Finland on a
                                                                      research and development programme for the European
 Having regard to the proposal from the Commission,                   Economic Community in the field of applied metrology and
                                                                      chemical analysis should be approved,
 In cooperation with the European Parliament,
 Having regard to the opinion of the Economic and Social              HAS DECIDED AS FOLLOWS:
 Committee,
 Whereas by Decision 88/418/EEC (*), the Council adopted                                        Article 1
 a research and development programme for the European
 Economic Community in the field of applied metrology and             The Cooperation Agreement between the European
 chemical analysis (1988 to 1992); whereas Article 4 of this          Community and the Republic of Finland on a research and
 Decision authorizes the Commission to negotiate agreements           development programme for the European Economic
 with third countries and in particular with those European           Community in the field of applied metrology and chemical
 countries having concluded framework agreements for                  analysis is hereby approved on behalf of the Community.
 scientific and technical cooperation with the Community
                                                                      The text of the Agreement is attached to this Decision.
 with a view to associate them wholly or partly with the
programme;
                                                                                                Article 2
 Whereas by Decision 87/177/EEC (2), the Council
 approved the conclusion on behalf of the European                    The President of the Council shall carry out the notification
Economic Community of the Framework Agreement for                     as provided for in Article 11 of the Agreement.
(») OJ No L 206, 30. 7. 1988, p. 29.
(2) OJ No L 71, 14. 3. 1987, p. 29.
 ---pagebreak--- No C 148/32                                 Official Journal of the European Communities                                        16. 6. 90
                                                   COOPERATION AGREEMENT
              between the European Economic Community and the Republic of Finland on research and
                            development in the field of applied metrology and chemical analysis (BCR)
              THE EUROPEAN ECONOMIC COMMUNITY, hereinafter called 'the Community',
              and
              THE REPUBLIC OF FINLAND, hereinafter called 'Finland',
              both hereinafter called the 'Contracting Parties',
              Whereas, by its Decision of 29 June 1988, the Council of the European Communities, hereinafter called 'the
              Council', adopted a research and development programme in the field of applied metrology and chemical analysis
              (1988 to 1992), hereinafter called 'the Community programme';
              Whereas the Contracting Parties concluded a framework agreement for scientific and technical cooperation which
              entered into force on 17 July 1987;
              Whereas the association of Finland with the Community programme can help to improve the efficacy of the
              research carried out by the Contracting Parties in the field of applied metrology and chemical analysis, and can
              avoid the useless duplication of efforts;
              Whereas the Contracting Parties expect to obtain mutual benefit from Finland's association with the Community
              programme,
              HAVE AGREED AS FOLLOWS:
                            Article 1                                      The rules governing Finland's financial contribution for the
                                                                           execution of the Community programme are set out in
Finland is hereby associated, as from 1 January 1989, with                 Annex C.
the implementation of the Community programme as set out
in Annex A.
                                                                                                       Article 3
                            Article 2
                                                                           For Finnish research and development bodies and persons,
The financial contribution of Finland, deriving from its                   the terms and conditions for the submission and evaluation
association with the implementation of the Community                       of proposals and the terms and conditions for the granting
programme shall be established in proportion to the amount                 and conclusion of contracts under the Community
available each year in the general budget of the European                  programme shall be the same as those applicable to research
Communities for appropriations covering commitments to                     and development bodies and persons in the Community.
meet financial obligations of the Commission of the
European Communities, hereinafter referred to as 'the                      The contracts, drawn up by the Commission, shall show the
Commission', resulting from work to be carried out in the                  rights and obligations of Finnish research and development
framework of research contracts necessary to the                           bodies and persons, and in particular the methods of
implementation of the Community programme and from                         disseminating, protecting and exploiting the research
management and administrative operating expenditure for                    results.
the Community programme.
The proportionality factor governing Finland's contribution
shall be given by the ratio between Finland's gross domestic                                           Article 4
product (GDP), at market prices, and the sum of gross
domestic products, at market prices, of the Member States of               The Commission shall be responsible for the implementation
the Community and of Finland. This ratio shall be calculated               of the Community programme. It shall be assisted by the
on the basis of the latest available OECD statistical data.                Management and Coordination Advisory Committee
                                                                           'Scientific and Technological Standards', hereinafter referred
The funds estimated as necessary for the execution of the                  to as 'the Committee', set up by Council Decision
Community programme, the amount of Finland's                                84/338/Euratom, ECSC, EEC (1).
contribution and the timetable of the commitment estimates
are set out in Annex B.                                                    (>) OJ No L 177, 4. 7. 1984, p. 25.
 ---pagebreak--- 16. 6. 90                                 Official Journal of the European Communities                                No C 148/33
The Committee shall be enlarged to include two                       conditions. Finland shall be notified of the exact content of
representatives designated by Finland who may be assisted or         the revised programme within one week after its adoption by
replaced by one Finnish expert. They shall participate solely        the Community. The Contracting Parties shall notify each
in the work of the Committee which meets in its variable             other within three months after the Community Decision has
configuration to accomplish the tasks concerning the                 been adopted if a termination of the Agreement is
Community programme.                                                 envisaged.
                                                                     2.     When the Community adopts a new R&D programme
                           Article S                                 in the field of applied metrology and chemical analysis, this
At the end of 1990, the Commission shall address a report to         Agreement can be renegotiated or renewed under mutually
the Council, the European Parliament and the Economic and            agreed conditions.
Social Committee on the basis of an evaluation of the results
so far achieved. This report shall be accompanied by                 3.     Subject to paragraph 1, either Contracting Party may
suggestions for changes which may be necessary in the light          at any time terminate the Agreement with six months' notice.
of these results. A copy of that report shall be transmitted to      The projects and work in progress at the time of termination
Finland which, in addition, shall be informed of any possible        and / or expiry of this Agreement shall be continued until they
suggestions for changes.                                             are completed under the conditions laid down in this
                                                                     Agreement.
                           Article 6
                                                                                                 Article 10
Each Contracting Party undertakes, in accordance with its
respective rules and regulations, to facilitate the movement         The Annexes A, B and C to this Agreement shall be an
and residence of research workers participating in Finland           integral part thereof.
and in the Community in the activities covered by this
Agreement.
                                                                                                 Article 11
                           Article 7
                                                                     This Agreement shall be approved by the Contracting Parties
The Commission and the Technical Inspection Centre in                in accordance with their existing procedures.
Finland shall ensure the implementation of this
Agreement.                                                           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 8
This Agreement shall apply, on the one hand, to the
territories in which the Treaty establishing the European                                        Article 12
Economic Community is applied and under the conditions
laid down in that Treaty and, on the other hand, to the              This Agreement shall be drawn up in duplicate in the Danish,
territory of the Republic of Finland.                                Dutch, English, French, German, Greek, Italian,
                                                                     Portuguese, Spanish and Finnish languages, each of these
                                                                     texts being equally authentic.
                           Article 9
1.     This Agreement shall be concluded for the duration of
the Community programme.                                                                                 For the Council of the
                                                                                                        European Communities
Should the Community revise the Community programme,
the Agreement may be denounced under mutually agreed                                                  For the Republic of Finland
 ---pagebreak--- No C 148/34                              Official Journal of the European Communities                                         16. 6. 90
                                                              ANNEX A
          COMMUNITY PROGRAMME IN THE FIELD OF APPLIED METROLOGY AND CHEMICAL ANALYSIS
                                                            (1988 to 1992)
          The objective of the programme is to improve the reliability of chemical analyses and physical measurements
          (applied metrology) so as to achieve agreement of results in all Member States.
          The project will be chosen from those fields which are of priority importance for the Community as judged from an
          economic, environmental or public health view point.
           The priority fields are the following:
           (a) analyses for food and agriculture, in particular:
               — analyses in livestock (foodstuffs, hormones, antibiotics, etc.) and of the quality of cereals, fruit and
                   vegetables,
               — analyses of the quality of processed food (nutritional properties, presence of dangerous substances,
                   bacterial contamination);
           (b) analyses related to the environment, in particular:
               — determination of traces of dangerous compounds in various matrices,
               — determination of air pollutants at the workplace,
               — mutagenicity of chemical substances;
           (c) biomedical analyses, with priority for:
               — the determination of enzymes and hormones (in human serum),
               — haematological tests (e.g. blood coagulation),
               — analyses related to cardiovascular diseases,
               — analyses related to tumour markers and drugs in the human body;
           (d) analyses of (essentially non-ferrous) metals and surface analysis of materials;
           (e) Applied metrology. The emphasis will be placed on the measurement and calibration of the most important
               parameters for test laboratories and industrial laboratories, in particular for quality control. The subjects
               covered will include in particular:
               — dimensional and mechanical metrology (in particular, measurements that are becoming increasingly
                   necessary for the verification of automatic machines) and the characterization of surface states,
               — mechanical parameters, such as force and pressure,
               — study of the performance and accuracy of new temperature measuring devices,
               — improvement of optical metrology in the visible, ultra-violet and infra-red ranges and in the field of fibre
                   optics and lasers,
               — measurements of electrical magnitudes, in particular at high frequency,
               — acoustic measurements, in particular as regards to sound-proofing,
               — measurements relating to ultrasonics,
               — liquid and gas flow measurements,
               — methods of measurement of physical and material properties, such as thermal conductivity, viscosity,
                   etc.,
               — methods of determination of the mechanical properties of metals (the work will cover only the methods
                   required for the accurate determination of these properties and not the characterization of the
                   materials),
               — improvement of technological measurements in industry.
               The activities include in particular:
               — execution of measurement programmes involving the cooperation of laboratories in several Member
                   States (intercomparisons),
               — improvement of methods of analysis and measurement,
               — improvement of instruments necessary for high precision measurements,
 ---pagebreak--- 16. 6. 90                                Official Journal of the European Communities                                           No C 148/35
              — development of transfer standards,
               — preparation and certification of reference materials,
               — storage and distribution of reference materials,
               — support for the setting-up at Community level of interlaboratory circuits for quality assurance,
               — research grants in subjects covered by the programme,
               — exchange and training of scientists in subjects covered by the programme, taking into account the needs of
                  the Member States that wish to improve their capabilities in these fields,
               — dissemination of the results of the projects,
               — well-targeted advertising of the reference materials and promotion of their sale.
                                                              ANNEXB
                                                     FINANCIAL PROVISIONS
                                                               Article 1
          The amount estimated as necessary to carry out the Community programme shall be ECU 59 200 000.
                                                               Article 2
          Finland's financial contribution for the execution of the Community programme is estimated to be
          ECU 1 063 240.
                                                               Article 3
          The timetable of the commitment estimates and of Finland's financial contribution is given as follows:
          Timetable of the commitments estimated as necessary for the execution of the Community programme
                                     (commitment appropriations) and of Finland's contribution
                                                                                                                            (ECU)
                                          Commitments for                                   Finland's contribution
               Year        Management                                         Management
                                              Contracts          Total       administrative       Contracts           Total
                          administrative
                             operation                                         operation
          1988              2 530 150         3 507 850       6 038 000
          1989              3  480  500      10 019 500      13 500   000        69 610           200   390          270  000
          1990              4  050  000      11 250 000      15 300   000        81 000           225   000          306  000
          1991              4  200  000      10 200 000      14 400   000        84 000           204   000          288  000
          1992              4  300  000       5 662  000      9 962   000        86 000           113   240          199  240
          Grand total      18 560 650        40 639 350      59 200 000        320 610            742 630          1 063 240
 ---pagebreak--- No C 148/36                                Official Journal of the European Communities                                             16. 6. 90
                                                                 ANNEX C
                                                            FINANCING RULES
                                                                  Article 1
          These provisions lay down the financing rules for Finland 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 for its implementation, the Community shall send to Finland a call for funds
          corresponding to its contribution to the costs under the Agreement.
          This contribution shall be expressed both in ecus and in the Finnish currency, the composition of the ecu being
          defined in Council Regulation (EEC) No 3180/78 ('). The value in Finnish currency of the contribution in ecus
          shall be determined on the date of the call for funds.
          Finland shall pay its contribution of the annual costs under the Agreement at the beginning of each year and at the
          latest three months after the call for funds is send. Any delay in the payment of the contribution shall give rise to the
          payment of interest by Finland 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.
          Travel costs of Finnish representatives and experts deriving from their participation in the work of the Committee
          referred to in Article 4 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/Euratom, ECSC, EEC.
                                                                  Article 3
          The funds paid by Finland 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 Finland for information.
          (') OJ No L 379, 30. 12. 1978, p. 1.