CELEX: 51990PC0021
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 KINGDOM OF SWEDEN ON A RESEARCH AND DEVELOPMENT PROGRAMME FOR THE EUROPEAN ECONOMIC COMMUNITY IN THE FIELD OF APPLIED METROLOGY AND CHEMICAL ANALYSIS ( BCR )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                         COM(90) 21  final _SYN 244
                                         Brussels, 10 May 1990
                            Proposal for a
                           COUNCIL DECISION
concerning the conclusion of a Cooperation Agreement between the European
Economic Community and the Kingdom of Sweden on a research and development
programme for the European Economic Community in the field of applied
metrology and chemical analysis (B.C.R).
                   (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 Kingdom of Sweden on a research and development programme for
           the European Economic Community in the field of applied metrology
           and chemical analysis.
1.  By its Decision of 29 June 1988, the Council adopted a research and
    development programme for the European Economic Community in the field of
    applied metrology and chemical analysis (B.C.R, 1988 to 1992). Article 4
    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 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 Kingdom of Sweden, the conclusion of which on behalf of the EEC was
     approved by the Council Decision of 9 February 1987, Sweden has expressed
     an interest in cooperating in the implementation of the above-mentioned
     programme.
 3.  Considering that the association of Sweden with the implementation of the
     Community programme can be of mutual advantage and help to improve the
     efficacy of Europe's scientific and technical potential, the Commission
     has negotiated a draft cooperation agreement with Sweden.
 4.  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 research contracts and of the
         management and administrative operating expenditure for the Community
         programme; this financial contribution is proportional to Sweden's
         gross domestic product;
         the entitlement of Swedish persons and research bodies to submit
         research proposals and to conclude the related research contracts with
         the Commission;
         the enlargement of the Management and Coordination Advisory Committee
         (C.G.C) (Scientific and Technological Standards) to include    Swedish
         representatives.
 ---pagebreak---                                 - 3 -
In view of the nature of the cooperation, any additional expenditure paid
from the Community budget (relevant budget heading 7335) resulting from
the implementation of this draft agreement will be covered by Sweden's
financial contribution.
The funds paid by Sweden will      be credited  to the   Community budget
(relevant budget article 602).
The Commision proposes that the Council adopt the attached proposal for a
decision.
 ---pagebreak---                                        4 -
                                Proposal for a
                               COUNCIL DECISION
concerning the conclusion of a Cooperation     Agreement between     the European
Economic Community and the Kingdom of Sweden on a research and development
programme  for  the  European  Economic  Community   in   the  field   of  applied
metrology and chemical analysis
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 88/418/EEC (4),        the Council   adopted a research and
development programme for the European Economic Community in the field of
applied metrology and chemical analysis (1988 to 1992);      whereas Article 4 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 associate them wholly or partly with the programme.
 (1)  O.J. N° C
 (2)  O.J. N° C
 (3)  O.J. N° C
 (4)  O.J. N° L 206, 30.07.1988, p. 29
 ---pagebreak---                                            5 -
WHEREAS by Decision 87/177/EEC (1),        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 cooperation Agreement between the European Economic Community and
the Kingdom    of   Sweden  on  a  research   and  development  programme   for  the
European Economic Community      in the field of applied metrology and chemical
analysis should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Cooperation     Agreement  between   the European Economic Community     and the
 Kingdom of Sweden on a research and development        programme for the European
 Economic Community in the field of applied metrology and chemical analysis,
 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 11 of the Agreement.
 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 KINGDOM OF SWEDEN
                       ON
           RESEARCH AND DEVELOPMENT
                IN THE FIELD OF
APPLIED METROLOGY AND CHEMICAL ANALYSIS (BCR)
 ---pagebreak---                                                                                  T-
                                         2
                                      -     -
                             COOPERATION AGREEMENT
                                     BETWEEN
                        THE EUROPEAN ECONOMIC COMMUNITY
                                        AND
                             THE KINGDOM OF SWEDEN
                                         ON
                            RESEARCH AND DEVELOPMENT
                                 IN THE FIELD OF
                 APPLIED METROLOGY AND CHEMICAL ANALYSIS (BCR)
THE EUROPEAN ECONOMIC COMMUNITY, hereinafter called "the Community",
and
THE KINGDOM OF SWEDEN, hereinafter called "Sweden",
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 27 August
1987;
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 applied metrology and chemical analysis, and can avoid the
useless duplication of efforts;
 WHEREAS the Contracting Parties expect to obtain mutual benefit from Sweden's
 association with the Community programme;
 HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                        3 -
Article 1
Sweden is hereby associated, as from 1 January 1989, with the implementation
of the Community programme as set out in Annex A.
Art i cle 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     research contracts necessary to the implementation of the
Community programme     and from management     and administrative operating
expenditure 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 statistical data.
The funds estimated as necessary for the execution of the Community
programme,    the amount of Sweden's contribution and the timetable of the
 commitment estimates are set out in Annex B.
 The rules governing Sweden's financial contribution for the execution of the
 Community programme are set out in Annex C.
 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
 programme shall be the same as those applicable to research and development
 bodies and persons in the Community.
 The contracts,    drawn up by the Commission,      shall show the rights and
 obligations of Swedish research and development bodies and persons, and in
 particular the methods of disseminating,       protecting and exploiting the
 research results.
 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 "Scientific and Technological Standards", hereinafter referred to
 as "the Committee", set up by Council Decision N° 84/338 (1).
  (1)  OJ Nu L 177 of 04.07.1984, p. 25
 ---pagebreak---                                       - 4 -
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 the Community programme.
Article 5
At the end of 1990, the Commission shall address a report to the Council, the
European Parliament and the Economic and Social Committee on the basis of an
evaluation of the results so far achieved.      This report shall be accompanied
by suggestions for changes which may. be necessary in the light of these
results.     A copy of that report shall be transmitted to Sweden which, in
addition, shall be informed of any possible suggestions for changes.
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 Council for Measurement         and Testing  shall
 ensure the implementation of this agreement.
 Article 8
 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 Kingdom of Sweden.
 Article 9
 1.  This agreement   shall be  concluded   for  the duration   of the  Community
     programme.
     Should the Community revise the Community programme, the Agreement may be
     denounced under mutually agreed conditions.      Sweden 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
      if a termination of the agreement is envisaged.
 2.  Where the Community adopts a new R & D programme in the field of applied
     metrology and chemical analysis, this Agreement can be renegotiated or
      renewed under mutually agreed conditions.
 ---pagebreak---                                                                                 Ao
                                      - 5 -
•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
 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.
  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 12
 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 Kingdom of Sweden
 ---pagebreak---                                                                                   M
                                      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 projects 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, bact'erial 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 characterisation of surface states;
       -   mechanical parameters, such as force and pressure;
 ---pagebreak---                                   - 7-
-   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 ultrasoncis;
     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 characterisation 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;
 -   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.
 ---pagebreak---                                                                               13
                                    - 8 -
                                   ANNEX B
                             FINANCIAL PROVISIONS
Article 1
The amount estimated as necessary to carry out the Community programme shall
be 59 200 000 Ecu.
Article 2
Sweden's financial contribution for the execution of the Community programme
is estimated to be 1 951 045 Ecu.
Article 3
The timetable of the commitment estimates         and of  Sweden's  financial
contribution is given in the following page.
 ---pagebreak---                             - 9 -
                               TIMETABLE OF THE COMMITMENTS ESTIMATED AS
                              NECESSARY FOR THE EXECUTION OF THE COMMUNITY
                                  PROGRAMME (COMMITMENT APPROPRIATIONS)
                                    AND OF SWEDEN'S CONTRIBUTION (ECU)
|       |               COMMITMENTS FOR                     j             SWEDEN'S CONTRIBUTION            |
| YEAR | MANAGEMENT AND  |                 |               | MANAGEMENT AND      |             |           I
I      | ADMINISTRATIVE  |   CONTRACTS     |     TOTAL     | ADMINISTRATIVE     | CONTRACTS   |    TOTAL   |
I      I   OPERATION     I                 I               I    OPERATION       |             |            |
I 1988 |    2 530 150    |    3 507 850    |   6 038 000   |       0            I•   0        I        0   |
I 1989 |    3 480 500    |   10 019 500    |  13 500 000   |      127 734       |    367 716  |    495 450 |
I 1990 |    4 050 000    |   11 250 000    |  15 300 000   |      148 635       I    412 875  |    561 510 |
I 1991 j    4 200 000    j   10 200 000    i  14 400 000   |      154 140       \    374 340  \    528 480 |
I 1992 |    4 300 000    |    5 662 000    |   9 962 000   |      157 810       |    207 795  |    365 605 |
| JIJH I   18 560 650    |   40 639 350    |  59 200 000   |      588 319       |  1 362 726  |  1 951 045 |
                                                                                                             \
 ---pagebreak---                                       - 10 -                                    AS
                                     ANNEX C
                                FINANCING RULES
Article 1
These provisions lay down the financing      rules  for Sweden  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 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 3180/78
 (1).     The value in Swedish currency 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 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 Swedish 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 N° 84/338.
  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) 0JITT L 379 of 30.12.1978, p.1
 ---pagebreak---                 FICHE D'IMPACT SUR LA COMPETITIVE   ET L'EMPLOI
Ce projet a trait à une décision ou Conseil concernant la conclusion d'un
accord de coopération entre la CEE st la Suéde ralatif au programme de
recherche et développement dans le domaine de la métrologie appliquée et des
analyses chimiques (1988 - 1992) (BCR).
En tant que tel, ce projet peut avoir an impact positif sur les PCIË, dans la
mesure où il constitue un instrument facilitant l'application uniforme des
normes et règlements techniques parniis des laboratoires communautaires et ceux
de certains pays tiers.
                                                                                /é
 ---pagebreak---                                                                     ISSN 0254-1475
                                                               COM(90) 21 final
                                                     DOCUMENTS
EN                                                                         16 i l
                                Catalogue number : CB-CO-90-044-EN-C
                                                             ISBN 92-77-57188-8
Office for Official Publications of the European Communities
L-2985 Luxembourg