CELEX: 51980PC0342
Language: en
Date: 1980-06-23
Title: Proposal for a COUNCIL DECISION approving the conclusion by the Community of a Memorandum of Understanding for the implementation of a European research project on benthic coastal ecology (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 342
Vol. 1980/0123
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(80)342 final
                                                 Brussels . 23 June 1980
                              /
                             4
                                 Proposal for a
                                COUNCIL DECISION
            approving the conclusion by the Community of a Memorandum
            of Understanding for the implementation of a European re­
            search project on benthic coastal ecology
                ( submitted to the Council by the Commission )
C0M(80 ) 342 finalAs;^
                        •ς -        7
 ---pagebreak---                          E x p i. a naj_o ry M émorandum
     Proposal prep a r ed. by the Commission service s
       for a o'e c i sion of , the Co un cil concluding
     a draft Memorandum of Understanding for the                ■
   implementation of "an European Research Project '
              on Benthic Coastal Ecology
                                                                     / N
1.   Eleven European States including seven Member States of the
     Community and the Community itself,' have agreed upon a programme
     for a joint research project on " Benthic Coastal Ecology " ( COST
     project 47 ).-    A draft Memorandum of Understanding declaring their
     common intention to implement this programme has been submitted
     for signature to the 19 Cost States and to the Community ( Annex A ),
     and has been signed on 5 April 1979 |py the following countries ;
     Federal Republic of Germany , Denmark , France , Ireland , Norway ,
     Sweden and the United Kingdom .                                                   .
2.   The main objective of the programme                is to coordinate and advance
     European research on benthic coastal ecology via the elaboration
     of baseline studies of selected ecosystems with a view to achieving
                          4                                              ,
     better understanding and prediction of natural fluctuations in species
     population as opposed to short term and local anthropogenic                changes .
3.   The programme will be divided into three distinct but related research
     projects .   These will study three biological communities characteristic
     of three benthic coastal habitats .               The biological communities are
     widely distributed on European coasts and are generally regarded as of
     major importance .
 ---pagebreak---         4.      The programme will Last at Least five years and may be
                extended by joint agreement between the participating countries .
        5.      On the 9th October 1979 the Council has adopted a revised second
                multiannual research "and development programme in the environmental
                field ( 1 ). Article 7 of this decision makes provision for the
                conclusion of an international agreement between the Community and
                the non-member States participating in COST . The same , article
                authorises the Commission to open negotiations for such an agreement
                The negotiations are now completed in accordance with section 4 para
                graph 2 of the Joint Memorandum of Understanding .
        6.      The Community 's contribution to this programme will involve :
                - results of several Indi rect "Action contracts
                    under the 2nd Environmental research programme
                    in particular under topic 18 . Marine Pollution
                    and research area 4 Ecosystems ecology
                 - representation at meetings of the- Management
                    Committee and scientific and administrative
                    secretarial support of its work .
         7-      Funding The project will be implemented as a concerted action
                 with research being financed nationally -   Mo supplementary
                 Community funds will be involved .
<"1 ) OJ N° L 258   13 October 1979
 ---pagebreak---                       Proposal for a                       \
                     COUNCIL DECISION - .
approving the conclusion by the Community of a Memorandum of
Understanding for the implementation of a European research
project on benthic coastal ecology
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            x
Having regard to the Treaty establishing the European Economic
Community ,        *   , . -
Having regard to Council Decision 76 / 311 / EEC of 15 March 1976
adopting a research programme ( 1976 to 1980 ) for the European
                                                                   1
Economic Community in the environmental field ( indirect action ) ,
as amended by Decision 79/ 841 / EEC^, and in particular Article 7
thereof ,                                      . -
Having regard to the draft proposal from the Commission ,
Whereas .the aim of COST project 47 is to coordinate and advance
European research on benthic coastal ecology , and whereas research
in this field is carried out within the framework of the Community
second multiannual environmental research programme , and in pai–
ticular under the heading of marine pollution and ecosystems
ecology .                          ^
 0J No L 74 , 20.3.1976 , p.36
20J No L 258, 13.10.1979, p . 29
 ---pagebreak---                             - 2 -
Whereas it is therefore appropriate that the Community should
participate in the ^execution of COST project 47,
Whereas the Commission , has , pursuant to Article 7(2 ) of Decision
76/ 311 / EEC , negotiated with non-member States participating in
COST project 47 ,
HAS DECIDED AS FOLLOWS :             ,
                           Article !
The Memorandum of Understanding for the implementation of a
European research project on benthic coastal ecology ( COST
project 47 ) is hereby approved on behalf of the European
Economic Community .
The Memorandum of Understanding is annexed to this Decision .- ,
                           Article 2
 The President of the Council is hereby authorized to designate
 the person empowered to sign the Memorandum of Understanding .
 ---pagebreak---                         Arti ele 3
The Commission shall represent the Community on the Management
Committee for the project .
                                   Done at Brussels ,
                                   For the Council
                                   The President
 ---pagebreak---        - 1          . FÆLLES HENSIGTSERKLÆRING
     OM GENNEMFØRELSE AF EN EUROPÆISK FORSKNINGSAKTION
               . VEDRØRENDE BENTISK KYSTØKOLOGI
                         ( COST-AKTION Nr . 47 )
                   GEMEINSAME ABSICHTSERKLAERUNG -
  ZUR DURCHFUEHRUNG EINER EUROPAEISCHEN FORSCHUNGSAKTION
     ' BETREFFEND KUESTENNAHE - BENTHONISCHE 0EK03YSTEME  .
                            ( COST-AKTIQN 47 )
                     MEMORANDUM OF UNDERSTANDING
             FOR THE IMPLEMENTATION OF A EUROPEAN
          RESEARCH PROJECT ON BENTHIC COASTAL ECOLOGY
                             ( COST PROJECT 47 )
                  DECLARATION COMMUNE D ' INTENTION
        POUR LA MISE EN OEUVRE D' UNE' ACTION EUROPEENNE
DE RECHERCHE CONCERNANT LES ECOSYSTEMES BENTHIQUES COTIERS
                              ( ACTION COST 47 ) -
                 DICHIARAZIONE COMUNE D' INTENZIONE
              PER L' ATTUAZIONE DI UN' AZIONE EUROPEA
DI RICERCA NEL SETTORE DEGLI ECOSISTEMI BENTQNICI COSTIERI
                       ■       ( AZIONE COST 47 )
           GEMEENSCHAPPELIJKE VERKLARING VAN INTENTIE
         VOOR HET VOEREN VAN EEN EUROPESE ONDERZOEKACTIE
  OP HET - GEBIED VAN BENTHONISCHE ECOSYSTEMEN LANGS DE KUST
                                  ( ACTIE COST 47 )
 ---pagebreak---         MEMORANDUM OF UNDERSTANDING
   FOR THE IMPLEMENTATION OF A EUROPEAN
RESEARCH PROJECT ON BENTHIC COASTAL ECOLOGY
             ( COST PROJECT 47 )
 ---pagebreak---        The Signateriii to' this Memorandum of Understanding ,
declaring their common intention to take part , in a European
research project on benthic coastal ecology           reached the
following understandings :
                              Section 1
1.        The Signatories intend .to co-operate in a project to
   promote research in the field of benthic coastal ecology
    ( hereinafter referred to as " the project ").
2.         The main objective of the project is to co-ordinate
   and advance European research on benthic coastal ecology
   via the elaboration of baseline studies of selected
    ecosystems , with a view to achieving better understanding'
   and prediction of natural fluctuations in species
   population as opposed to short term and local anthropogenic
    changes .
3.         The Signatories hereby declare . their intention to
    carry out the project jointly , in'accordanc'e with the
    general description and indicative pattern Of potential
    participation given in Annex IX .
         -The 'project will be carried out through . concerted
   action , in accordance with the provisions pf Annex I.
          The overall .value of the activities of the Signatories
   under the project is estimated at approximately 3 million
   European units of account at 1978 prices .
          The Signatories will make ." every effort to ensure that
   the necessary funds are made available under their'' internal
   financing procedures .             '          ' ■
 ---pagebreak---                            Ssetion 2
         Signatories intend to take part in the project :
( a ) by carrying out directly studies and research in puhli
       research establishments ( hereinafter referred to as
       " public research establishments "); or
( b ) by concluding contracts for studies and research with
       organisations ( hereinafter referred to as " research
       contractors ");
 ( c ) by supplying services ;
 ( d ) in several of the above ways .           .
                           Section 3
         This Memorandum of Understanding will take effect ,
as between the Signatories , for 5 years upon signature by
at least four Signatories . It may be extended by arrange­
ment between the Signatories .
        This Memorandum of Understanding may . be amended in
writing at any time by arrangement between the Signatories
in particular with a view to enlarging research into the
field of Mediterranean coastal benthic ecosystems .
 ---pagebreak---        A Signatory which intends for any reason whatsoever
 to terminate its participation in the project may do so
 ^fter having given written notification of such intention
 to the Secretary-General of the Council of the European
 Communities at least three months beforehand .
       If at any time the number of Signatories falls
 below four , the Committee referred to in' Annex I will
  examine the situation which has arisen and consider
 whether or not this Memorandum of Understanding should
  be terminated by decision of the Signatories .
                          Section 4
        This Memorandum of Understanding will be open for
  signature for a period of six months from the date of the
  first signature j by the Governments which took part in
, the Ministerial Conference held . in Brussels on - 22 and
' 23 November 1971 and also by the European Economic
  Community .
       Any of the above Governments or the . European Economic
  Community may take part on a 'provisional basis m the
  project during the abovementioned period even though it
  may not have signed this Memorandum of Understanding.'
        After this period of six months has elapsed , .
  applications from the Governments referred to in
  paragraph 1 or from the European Economic Community . to
  sign the present Memorandum will be considered by the
  Committee referred to in Annex I , which may attach special
  conditions thereto .
 ---pagebreak---        Any Signatory may-designate one or more competent
public authorities or corporations to act on its behalf
in respect of the implementation of the project and in
respect of any ensuing rights and obligations .     The term
" competent public authorities or corporations " does not
include industrial undertakings .
                          Section 5
      The Secretary-General of the Council of the European
Comrrftinities will inform 'all Signatories of the date of
the signatures to this Memorandum of Understanding , and
the date of its entry into effect , and will forward all
other notices which he has received under the Memorandum
of Understanding .
      This Memorandum of Understanding will be deposited
with the General Secretariat of the Council of the
European Communities . The Secretary-General will transmit
a certified copy to each of the Signatories .
 ---pagebreak---                                   ^.a -
Udfærdiget i Bruxelles , den femte april nitten hundrede og
nioghalvfjerds
Geschehen zu Brüssel am fünften April neunzehnhundert -
neunundsiebzig           '   "
Done at Brussels on the fifth day of April m the year one
thousand nine hundred and seventy-nine
Fait à Bruxelles , le cinq avril mil neuf cent soixante -dix -neuf
Fatto a Bruxelles , addi' cinque aprile millenovecento­
settantanove
Gedaan te Brussel , de vijfde april negentienhoderd  .
negenenzeventig            \
 ---pagebreak--- For Danmarks Regering
Gunnar RIBERHOLDT ,
Overordentlig og befuldmægtiget ambassadør ,
Fast repræsentant ved De europæiske Fællesskaber
Für die Regierung der Bundesrepublik De-utschländ
Helmut SlGRIST ,
                                  hij /' I^K
Ausserordentlicher und bevollmächtigter Botschafter .,
Ständiger Vertreter bei den Europäischen uemeinschaften
Pour le Gouvernement de la République française
Luc de La BARRE de NANTEUIL ,
Ambassadeur de France ,         ,
Représentant Permanent auprès des Communautés européennes
For the Government of Ireland
Brendan DILLON ,
Ambassador Extraordinary and Plenipotentiary ,
Permanent Representative to the European Communities
For the Government of the Kingdom of No Tay
Tor.'j e JOKANNESSEN ,
Counsellor of Embassy ,
Norwegian Mission to the European Co - imu ■ > ties
 ---pagebreak--- ,For the Government of th« Unitad Kingdom of Great Britain
 and Northern Ireland
 Sir Donald MAITLAND , C.M.G. , O.B.E. ,
 Ambassador Extraordinary and Plenipotentiary ,
 Permanent Representative to the European Communities
 For the Government of Sweden
'Bengt RABAEUS , -
 Ambassador Extraordinary and Plenipotentiary ,
 Head of Mission of the Kingdom of Sweden to the
 European Communities
 ---pagebreak---                                    –£ -
                                                      s
                    CO-ORDINATION OF THE PROJECT
                                   I
1.          A Management Committee ( hereinafter referred to as
     " the Committee " ), will be set up , composed of not more -
     than two " representatives for each Signatory . Each -
     representative may be accompanied by " such experts or
     advisers as he may need .          •   -
            The Participants in the Ministerial Conference held in
     Brussels on 22 - and 2$ November 1971 and also the European
     Economic Community may participate in the work of' the
     Committee before becoming Signatories to this Memorandum
     of Understanding in accordance with the second subparagraph
     of Section 4(1 ) without , however , having the right to vote .
2.          The Committee will be responsible for co-ordinating
   " the project and in particular for making the necessary
     arrangements for :
     ( a ) the choice of research topics on the basis of those
           provided for in Annex II including any modifications
           submitted by the competent public authorities or
           agencies of the Signatories ; ' . ,
     ( b ) advising on the direction that work should take ;
     ( c ) drawing up detailed plans and defining methods for the
           different phases of execution of the project ;
 ---pagebreak---                               sH -
( d ) keeping abreast of the research being done in the
      territory of the Signatories and in other countries ;
( e ) liaising with appropriate international bodies ;
( f ) exchanging research results amongst the Signatories to
      the extent compatible with adequate safeguards for the
      interests of Signatories , their competent public
                                       C
      authorities or agencies , and research contractors in
      respect of industrial property rights and commercially
      confidential material ;
( g ) drawing up the' annual interim reports and the final
      report to be submitted to the Signatories and
      circulated as appropriate ;, to this end , Signatories
      will require their public research establishments or
      research contractors to submit periodic reports and a
      final report , as may be deemed necessary ;
( h ) dealing with any problems that may arise out of the
      execution of the project , including , if necessary ,
      special conditions to be attached to applications to
      sign this Memorandum of Understanding submitted more
      than six months , after the date of the first signature .
       The secretariat of the Committee will be provided by
the Commission of the European Communities at the
invitation of the Signatories .
 ---pagebreak---                                       / %> ~
                                      II
1.            Subject to . national law , Signatories will ensure that
     . the owners of industrial property rights and technical
       information resulting from work carried OUT; in
       implementation of that part of the project assigned to
       them under Annex II ( hereinafter referred to as " the
       research results ") will' be under an obligation , if so
       requested by another Signatory ( hereinafter referred to
       as " the applicant Signatory "), to supply the research
       results and to grant to the applicant Signatory or a
       third party nominated . by the applicant Signatory a
       licence to use the research results and such technical
       know-how incorporated therein as is " neeessary for such
       use if the applicant Signatory, requires the granting ' -\
       of a licence for the carrying out of :
       - work in respect of this project : or
       - the applicant Signatory 's projects relating to, benthic
                            /                      ...             . .
         coastal ecology ;                         -   . *
                                t            • ■        .
       - any associated European project undertaken subsequently
         and in which all the Signatories , or several of them may
         be prepared to take part .              *
               Such licences will be granted on fair and . reasonable
       terms having regard to commercial usage .
2 . . '. . Signatories will accordingly insert clauses- requiring
       the granting of the licences referred ! o in paragraph 1 in
       any contract which they place with res'^.rch contractors for
   ' fatudy . research and development work to            carried out ! n
       the . 8>'-c.     of this project .
 ---pagebreak---       Signatories will make every effort , in particular by-
including clauses in contracts placed with research
contractors to provide for the licence referred to above to
be extended on fair and reasonable terms , having regard to
commercial usage , to previous industrial property rights
and to prior technical know-how acquired by the research
contractor insofar as use of the research results for the
purpose referred to in paragraph 1 would not otherwise be
possible.' Where the- research contractor is unable or
unwilling to agree to such extension the Signatory will ,
before the contract is concluded , give the Committee the
opportunity to state its position .
      Signatories will take any steps necessary to ensure
that the fulfilment of the conditions of the present
Chapter will not be affected by any subsequent transfer of
rights to ownership of the research results . - Any such
transfer will be notified to the Committee .
      If a Signatory terminates its participation in the
project , rights of use which it has granted or is obliged to
grant to or has obtained from other Signatories in
application of the present Memorandum of Understanding and
concerning work carried1 out up to the date on which the said
Signatory terminates its participation will continue
thereafter .
 ---pagebreak---                                    -
6.        The conditions of paragraphs 1 to 5 will continue to
     apply after the period of operation of this Memorandum of
                               I
     Understanding has expired and will apply to industrial
     property rights as long as these reraain valid , and to
     unprotected inventions and technical know-how until such
   < time as they pass into the public domain other than
     through disclosure by the licensee .
                       \
 ---pagebreak---                            ' -^iî'     l
                    i
                                              ' ANNEX II
                                     !
            GENERAL DESCRIPTION OP THE PROJECT AND
        INDICATIVE. PATTERN OF POTENTIAL PARTICIPATION
General description of the Project
( 1 ) Aims
             To establish a realistic and manageable " base-line
      study of benthic communities of Atlantic / North Sea
      coasts . The concept of " base- line " study will be
      broadened in scope to include :
      ( a ) Data on the scales of natural variability over as .
            long a period as possible to give reasonable
            assurance that a wide range of irregular climatic /
            hydrographic events have been observed ;
      ( b ) A sufficient understanding of the specific causes
            of biological change to permit prediction about the
            consequences of natural physical events with some
            degree of confidence .       -
                        V
      ( c ) A sufficient understanding of community dynamics
            for prediction about the consequences to the whole .
            biological community of dramatic changes in
            individual species as a result of natural factors
          . or selective pollutants . v
 ---pagebreak---                                     -     -7^9'
( 2 ) PROGRAMME
      2.1 .        The programme will be divided into three distinct
             but related research proj ects . These will study
             three biological communities characteristic of three
             benthic coastal habitats . The biological communities
             are widely' distributed on European coasts and are
             general regarded as of major importance . They are
             identified by their " key " or characteristic animal
             species .
   *
                I
     Project           Coastal Habitat              Biological Community
                                                I
       I           Sedimentary substrates           Ma coma
                   Intertidal and Subtidal          Amphiura / Abra
       II          Rocky substrates                 Balanoid / Pate 11a
                   Intertidal
       III         Rocky substrates                 Ascidian / Porifera  ι ,
                   Sub-tidal
      2.2         The selection of these communities recognises
            that each is being studied intensively on a local
            scale in' one or more countries .       Thus a sound data
            base exists in each case upon which to develop an
            expanded programme .
                                      V
                                             \
                                                    V
                                        1         »
 ---pagebreak---                                         -<* *•*
                                  –Zo ■
2.3 .       Co-operative research is needed at international
      level to determine the effects of broadscale , geographically
      operating climatic and hydrographic factors . Accordingly ,
      simultaneous studies will be made for each' community ,
      using the same or intercalibrated methods , at a chain
   - of recording stations throughout the geographical range
      of that community . The following aspects , among others
      that may be regarded as locally desirable , will be
      included :
                            >*                , .
      1 ) Community dynamics , leading to an appreciation of
          the most important biological interactions and to
          the identification of the " key " or dominant species .
          This will involve systematic observation of natural
          events and the experimental manipulation of
          community structure ;
      2 ) Standing crop and population dynamics of these "key "
          species , with special emphasis upon their reproductive
          cycles and the intensity of recruitment from year to
          year . Since these latter aspects are especially
          responsive to slight' changes of natural conditions
          and are very sensitive to pollutants , special efforts
          may be needed to develop the most accurate methods of
               .
          assessing fecundity , recruitment success and juvenile
          establishment :
 ---pagebreak---                                             TC'1 9
                                  4
        3 ) The appropriate range of climatic / oceanographic data ,
            together with the broad spectrum analyses of substrnt -
            type and variation which are especially important for
            the sediment-living communities . Although the
            collection of some of these data will require
            specific action , in some situations the present
            routine collections of meteorological / oceanographic -< -
            data for other biological and non-biological purposes
            can be consulted .
( 3 ) IMPLEMENTATION AND TIMING
             The intercalibration of methods of study and the
      handling of results will be dealt with by appointing lead
      countries with the appropriate expertise as follows :
  Project                  Coastal Habitat            Lead Country
      I                     Sedimentary            Prance - Dr L.   CABIOCH
                            - intertidal  -
                            and subtidal
     II               ■.    Rocky -                United Kingdom -
                            intertidal             Dr J.R. LEWIS
    III .     !             Rocky -                Sweden - Dr T . LUNDALV
                            subtidal
             The project will include meetings , workshops , visits
                                                       y*
      and short exchanges of research workers for the inter-
      calibration of methods of study and the handling of
      results .                                                   '     .
             The' project Fill last at least five . years to give
      reasonable assurance that a wide range of irregular                "
      climatic / hydrographic events have, been observed . - Initially ,
      work will concentrate on ensuring the comparability of
      results and the handling of data at an international
      level .       "    -                                 -
 ---pagebreak--- II . INDICATIVE PATTERN OF POTENTIAL PARTICIPATION
      PROJECT
                                 Β    D   DK   E    Ρ IRL Ν NL   Ρ   S   UK EEC
                                             I                 I
 1 . Sedimentary                 X    X   X         X
     substrates :                                       X X X    X   X   X    X
     Intertidal and
     Subtidal
 2 . Rocky                                                         I
     substrates :                                X) X   X X      X       X    X
     Intertidal
                                                                       I
 3 . Rocky
     substrates :                               X)  X X   X      X   X   X  X
     Subtidal
Key : B    - Belgium
      D    - Federal Republic of. Germany
      DK   - Denmark
      E    - Spain
      F    - France
      IRL - Ireland
      N    - Norway
      NL   - Netherlands
      P    - Portugal
      S    - Sweden
      UK 1 - United Kingdom
      EEC - European Economic Community
      ( lead countries are underlined ;
      parenthesis indicates that participation
      has still to be confirmed )