CELEX: 51983PC0035
Language: en
Date: 1983-02-07
Title: Draft COUNCIL DECISION concerning the conclusion of a Community-COST Concertation Agreement on a concerted action project in the field of shore-based marine navigation aid systems (COST Project 301) (submitted to the Council by the Commission)

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DOCUMENTS "COM"
COM (83) 035
Vol. 1983/0014
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 ---pagebreak--- COMMISSION OF THE E U R O P E A N COMMUNITIES
                                                               COM(83)    35   final
                                                               Brussels,      7 February     1983
                                                 Draft
                                         COUNCIL D E C I S I O N
   concerning    the       conclusion   of   a  Community-COST C o n c e r t a t i o n Agreement
     on a c o n c e r t e d  action  project     in the   field    of  shore-based      marine
                        navigation    a i d systems    (COST P r o j e c t   301)
                     (submitted     to   the   Council   by t h e   Commission)
 COM(83) 35   final
 ---pagebreak---                       COMMUNICATION            FROM T H E C O M M I S S I O N TO T H E C O U N C I L
Subject          : Agreement       on a c o n c e r t e d      action    project        in the f i e l d           of
                   shore-based          maritime         navigation      a i d systems         (COST       Project
                   301)   t o be c o n c l u d e d between          EEC a n d c e r t a i n     Third         States
                   participating           i n European Cooperation                  i n the f i e l d       of
                   Scientific        and T e c h n i c a l     Research       (COST).
A                decision           on        a Community         concerted          action     project            i n the
field         of  shore-based maritime                navigation       a i d systems         has                 been
adopted          by t h e C o u n c i l on 13 December            1 9 8 2 . (1)
ft r*-£ A r*                                                                                           rn rn M r"> n + \ i
              £
                   of   this                                       prcvicicr.          for   the    C
                                                                                                                            t c
conclude,          i n accordance          witn A r t i c l e    ddo O T tne          ireaty    a n agreement
with T h i r d       States    participating               i n European      Cooperation          in the field                  of
Scientific           and T e c h n i c a l   R e s e a r c h with a view t o e n s u r i n g          that         the
Community          project     and the        corresponding          programmes           of  these s t a t e s a r e
harmoni z e d .
                            The    Council,         by i t s d e c i s i o n   adopted       at   i t s meeting               on
4 May 1 9 8 2                         ,  has authorized           the Commission t o negotiate                             to
this         effect.     The n e g o t i a t i o n s     a r e now c o m p l e t e d   a n d have c u l m i n a t e d           in
the       draft    agreement       annexed t o t h e a t t a c h e d         draft       Council      decision.
This         agreement,     the terms         of    which a r e i n       line     with t h e      negotiating
directives           entrusted       by the C o u n c i l       to the Commission, provides                          for:
-       the setting       up o f a C o m m u n i t y - C O S T C o n c e r t a t i o n     Committee;
  (1)      OJ N ° L     378/82
 ---pagebreak---                                              -  2 -
-   concertation           within       this   Committee,    secretarial  services  for  which
    are  provided         by    the     Commission, between      the  Community  project  and
    the  corresponding              programmes      of  these  States;
The  following         Third      States     have  expressed their     desire to   participate
in  this  project:          F i n l a n d , Norway,    Portugal  and  Sweden.
The C o m m i s s i o n r e q u e s t s  the   Council   to adopt  the  draft decision   attached
hereto.
 ---pagebreak---                                                 Draft
                                       COUNCIL D E C I S I O N
                              concerning      the     conclusion         of    a
            Community-COST          Concertation             Agreement      on   a   concerted
            action       project    in   the    field        of   shore-based        marine
           navigation          aid  systems        (COST P r o j e c t    301)
  THE C O U N C I L OF THE E U R O P E A N    COMMUNITIES,
  Having   regard       tc   the   Treaty     establishing           the    European     Economic     Ccsnnunity,
  Having   regard       to    Council    Decision         82/887/EEC        of   13  December     1982   adopting
  a  concerted        action    project    for the         European     Economic       Community    in  the   field
  of  shore-based marine            navigation         aid      systems     (1),    and  in   particular    ArtieL
 6   thereof,
 Having    regard       tc   the   Council     D e c i s i o n , of    V.zy    1982   authorizi™       the
 Commission        to  negotiate      an a g r e e m e n t      between    the    Community     and  the   non-
 member   States       participating         in    the     European      cooperation        in  the  field   of
 scientific        and   technical      research         for     the  implementation         of  a  concerted
 action   project        on   shore-based          marine         navigation       aid   systems,
 Having   regard       to   the  draft    Decision           submitted      by   the   Commission,
Whereas     the     CcrmTrission has      completed            these    negotiations.
Whereas    this       Agreement     should      be    approved,
HAD DECID£D         AS   FOLLOWS:
(1)   OJ N o .   L    378,   31.12.1982,        p.    32.
 ---pagebreak---                                           - 2  -
                                    Article      1
The  Community-COST C o n c e r t a t i o n Agreement     on a c o n c e r t e d action    project
in  the   field  of   shore-based maritime         navigation    aid    systems      (COST   Project
301)   is   hereby  approved  on b e h a l f  of   the   Community.
The t e x t  of the   Agreement   i s annexed      to  this   Decision.
                                    Article      2
The  President     of  the Council       is hereby    authorized    to     designate     the
persons     empowered   to sign  the      Agreement    in  order  to    bind     the   Community.
Done   at
                                                     For  the  Counci I
                                                      The   President
 ---pagebreak---                       DRAFT        COMMUNITY-COST              C O N C E R T A T I O N AGREEMENT ON A
                      CONCERTED A C T I O N P R O J E C T             IN    THE F I E L D    OF S H O R E - B A S E D
                      M A R I T I M E N A V I G A T I O N AID       SYSTEMS          (COST P R O J E C T   301)
   THE E U R O P E A N ECONOMIC             COMMUNITY,
   hereinafter         referred          to    as    "the      Community",
   THE S I G N A T O R Y   S T A T E S TO T H I S         AGREEMENT,
   hereinafter         referred          to   as     "the     participating              non-Member       States"
   Whereas     a European concerted                      action      project          in  the    field    of   maritime         navi­
  gation     a i d s y s t e m s may c o n t r i b u t e         to    the     reduction         of  the     risk
  of   accidents         in    coastal        areas        and p o r t s     and,      consequently,         to    the     protec*
  tion   of    human       life      and the        safety       of    ships        and t h e i r   cargo,     and the        preven­
  tion   of   pollution            on t h e     shore       and    in    coastal         waters;
  Whereas      a   research          programme           in   the    field       of    maritime      navigation          aid    systems
  was p r o p o s e d   in    1 9 7 9 by      F i n n i s h and      French delegations               within       the     framework
  of  European Cooperation                    in    the     field     of     Scientific         and T e c h n i c a l R e s e a r c h
  (COST);
 Whereas      by    its     D e c i s i o n o f 13        December 1 9 8 2 t h e          Council of       the     European
  Communities         adopted         a community            concerted          action      project      in   the     field      of
 shore-based          maritime          navigation           aid    systems;
 Whereas      the     Member        States of           the    Community           and the     participating            non-Member
 States,      hereinafter             referred         to    as   "the      States",        intend,      subject        to   the
 rules    and p r o c e d u r e s       applicable           to   their       national       programmes,          to    carry     out
 the   research        described           in    Annex A and            are prepared           to   integrate         such
 research       into     a process of              concertation             which       they   consider       will      be   of
 mutual     benefit;
Whereas      international               organizations             are     carrying        out    projects        in   this      field;
whereas     account         s h o u l d be t a k e n        of   such p r o j e c t s      so as     to   preclude          duplication
of   effort,      and     whereas         certain         equipment          and p r o c e d u r e s   should,       if    appropriate,
be   the   subject        of     agreements           within       the     framework         of   the    competent         organizations;
 ---pagebreak---                                                   -2-
 Whereas    the  implementation      of  the    research      c o v e r e d by t h e   concerted        action
project     will   require  a  financial      contribution          of    approximately         13 m i l l i o n ECU
 from   the   States,
HAVE AGREED AS        FOLLOWS:
                                            Article        1
The    Community and t h e    participating         non-Member        States, hereinafter              referred
to  as   "the   Contracting    Parties", shall          participate          for  a period        extending
until    31  December 1985     in  a concerted         action     project      in   the     field   of    shore-
based maritime       navigation    aid   systems.
This    project   shall   consist    in  concertation         between       the    Community       concerted
action    programme     and the   corresponding         programmes o f         the   participating            non-
Member     States.     Research areas     c o v e r e d by   this     Agreement      are      listed    in
Annex    A.
The   States    shall   remain  entirely      responsible         for     the   research       carried       out
by  their    national    institutions     or    bodies.
                                            Article        2
Concertation      between   the   Contracting         Parties     shall     be e f f e c t e d  through       a
Community-COST       Concertation     Committee,        hereinafter          referred       to  as   "the
Committee".
The   Committee     shall  draw   up  its   rules      of  procedure.          Its    Secretariat          will
be  provided     by  the  Commission of      the      European Communities,                hereinafter
referred     to  as  "the  Commission".
The   terms   of  reference    and t h e  composition of            this     Committee        are  defined       in
Annex    B.
 ---pagebreak---                                                         3
                                                Article          3
In   order   to  ensure      optimum       efficiency          in    the    execution       of   this     concerted
action    project,      a project         leader     shall       be    appointed       by   the    Commission         in
agreement      with    the   delegates        of   the    participating             non-Member       States       on
the   Committee.
                                                Article          4
The maximum       financial        contribution         by     the      Contracting        Parties      to    the
coordination        costs    for     the    period     referred          to   in   the   first     paragraph        of
Article     1 shall      be:
-    2,100,000      ECU f r o m t h e      Community,
         60,000     ECU f r o m e a c h p a r t i c i p a t i n g     non-Member       State.       In     addition,
     each   participating          non-member        State       shall      pay    an amount       calculated         by
     applying     to   a basic       amount     of   1,500,000             ECU
     representing        a part      of   the    Community         contribution,           the    ratio      between
     the  gross     domestic       product      of   each p a r t i c i p a t i n g     non-member        State      for
     1980 and t h e g r o s s d o m e s t i c     product         of    the   Community and of            the     participating
     Non-Member S t a t e f o r 1 9 8 0 .
The   ECU i s   that    defined        by  the    Financial          Regulation        in   force    applicable          to
the   general    budget      of   the     European      Communities            and by     the    financial        arrange­
ments    adopted     pursuant         thereto.
The   rules    governing       the     financing       of    the      Agreement       are    set   out    in   Annex     C.
                                                    Article          5
 1.    Through    the    Committee,         the   States        shall      exchange      all    useful        information
       resulting      from    the     execution      of    the     research        covered      by  the      concerted
       action    project.        They      shall    also      endeavour         to   provide      information          on
       similar     research      planned       or   carried        out     by   other     bodies.        Any    informa­
       tion   shall     be t r e a t e d   as  confidential             if   the    State    which     provides       it    so
       requests.
  2.   In  agreement       with     the    Committee,         the      Commission s h a l l       prepare       annual
       progress      reports      on    the   basis     of    the      information        supplied       and    shall
       forward     them    to   the      States.
 ---pagebreak---                                                         -4-
3. At   the   end of      the     concertation            period,        the    Commission s h a l l ,         in   agree­
   ment    with   the     Committee,           forward       to    the     States a general              report     on   the
   execution      and     results       of     the    project.           This     report       shall     be   published
                                                                                                                                  e S
   by   the   Commission not             later, .than         six     months      after     it    has been f o r w a r d e d , 0^
   State     objects.         In   that      case     the     report       shall     be t r e a t e d    as   confiden­
   tial    and s h a l l    be    forwarded,          on r e q u e s t     and w i t h    the     agreement       of    the
   Committee,       solely        to   the     institutions             and u n d e r t a k i n g s  whose      research
   or   production        activities           justify        access       to   knowledge          resulting       from
   the    performance         of    the    research         c o v e r e d by    the    concerted         action      project.
                                                 Article          6
1. This    Agreement        shall      be open        for     signature         by   the     Community and by             the
   non-Member        States       of   that      Community          which      took    part      in   the    Ministerial
   conference        held     in    Brussels        o n 22 a n d 23 N o v e m b e r          1971 .
2. As a c o n d i t i o n   precedent          to   its     participation             in   the     concerted        action
   project      defined       in    Article        1,    each o f       the    Contracting          Parties       shall,
   after     signing       this     Agreement,          have n o t i f i e d      the    Secretary-General              of
   the    Council of        the     European Communities                    not    later     than      31   December      1983
   of    the   completion         of   the      procedures          necessary under              its    internal       pro­
   visions      for    the     implementation             of    this      Agreement.
3.  For t h e   Contracting           Parties       which       have t r a n s m i t t e d      the     notification
   provided      for     in   paragraph          2,    this     Agreement          shall      come i n t o    force     on
   the    first    day     of    the   month       following           that    in   which       the    Community       and
   at    least   one o f       the    participating             non-Member          States       transmitted         these
   notifications.
    For   those    Contracting            Parties        which       transmit       the    notification            after
   the    entry    into      force      of    this     Agreement,           it   shall      come i n t o     force     on
   the    first    day of        the    s e c o n d month        following         the   month       in   which     the
   notification          was      transmitted.
    Contracting        Parties        which       have not        transmitted           this      notification         when
   this     Agreement        comes i n t o        force      shall       be   able    to   take      part    in   the    work
   of    the   Committee         without        voting       rights       until      31   December         1983.
 ---pagebreak---                                                  -   5   -
4.    The S e c r e t a r y - G e n e r a l o f  the    Council       of  the  European       Communities
      shall   inform        each of        the   Contracting           Parties   of  the     notifications
     provided       for     in   paragraph          2 and of        the  date  of   entry     into  force  of
     this    Agreement.
                                              Article          7
This   Agreement        shall      apply,       on the       one    hand,  to  the   territories      in  which
the  Treaty     establishing             the    European Economic            Community      is   applied
under   the   conditions           laid     down     in   that      Treaty  and,    on t h e   other  hand,   to
the  territories          of   the     participating             non-Member     States.
                                              Article          8
This   Agreement,        drawn      up     in   a single         original   in  the   Danish,      Dutch,
English,    F r e n c h , German, Greek              and     Italian     languages,    each     text   being
equally   authentic,           shall       be d e p o s i t e d   in  the  archives    of    the   General
Secretariat      of    the     Council        of   the    European Communities           which     shall  trans­
mit  a certified         copy     to    each of       the     Contracting      Parties.
 ---pagebreak---                                                                                                   ANNEX A
                                  PROGRAMME     CONTENT
1. A study      of     requirements      for   precise     navigation      and  ship    manoeuvring
    in confined         areas    under   various    hydro-meteoroLogicaL           conditions.
2. A study      to     develop    factors    and c r i t e r i a  that   can  serve  as a     common
   determinant          for   marine    traffic    problem       definition.     As a s e c o n d    stage
   application          of  these    factors    and   criteria       to  European    waters.
3. An i n v e n t o r y  of   existing     shore-based marine           traffic  systems       in
   Western      Europe,        stating:
   -   geographical           coverage;
       type     of     service    provided;
       rules      governing       operation     of  the     service;
       traffic         intensity     in  the   area;
   -   types      of    traffic     in  the   area.
4. A study      of    vessel     identification      methods,        for  use both    in   the     control
   of  traffic        by   the  monitoring      stations        and  in  ship-to-ship      communica­
   tions.
5. A study      of    methods     to   enable the    monitoring         stations  to     pinpoint
   and  track       a vessel      with   accuracy.
6. Methods     of     shore-to-ship       and   ship-to-ship         communication     and    data
   exchange       systems between         monitoring       stations      and  ships.
7. A study     of     the   harmonization       of  the    procedures      of  traffic,      informa­
   tion   and g u i d a n c e   services     for   shipping       in  Western   Europe.
 ---pagebreak---                                                                                             ANNEX A    CONTD.
                   RESEARCH AREAS            COVERED BY T H E AGREEMENT
  1.   Movement    of  ships     in     confined     areas.
  2.   (a)   Criteria    for     standard        identification      of  problem     areas     for
             marine    traffic
       (b)   Identification          of     problem   areas    for  marine   navigation
  3.   Inventory    of  shore-based marine              traffic    systems  in   Western       Europe.
 4.    Identification      of    ships.
 5.    Specifications      and     standards       for   pinpointing     and p r e c i s e   tracking
      of   ships  under     way.
 6.   Shore-to-ship      communication            methods.
 7.   Harmonization      of   the      procedures       of  traffic   services.
Among t h e   international         organizations          with  most   competence       in  this   area
which    have   been or   are      working      on t h e   above   research  topics        are  the
fol lowing:
-    Intergovernmental        Maritime         Consultative      Organisation      (IMCO)
-    International     A s s o c i a t i o n of   Lighthouse     Authorities      (IALA)
-    International     A s s o c i a t i o n of   Ports    and Harbours    (IAPH).
This    List  is  not   exhaustive.
 ---pagebreak---                                                                                                                  ANNEX B
TERMS OF R E F E R E N C E AND C O M P O S I T I O N OF THE C O M M U N I T Y - C O S T         CONCERTATION
COMMITTEE A C T I O N    FOR S H O R E - B A S E D M A R I N E N A V I G A T I O N A I D   SYSTEMS
1.    The C o m m i t t e e    shall:
1.1.  contribute         to   the    optimum        implementation          of    the    project         by   giving
      its  opinion         on a l l    aspects of         its    progress;
1.2.  evaluate       the     results       of    the   project     and draw         c o n c l u s i o n s as    to
      their     application;
1.3.  be  responsible           for    the     exchange of        information           referred         to    in
      Article      5     (1);
1.4.  keep t r a c k     of   national         research      work    carried        out     in    the     fields
      covered      by    the    project,         in   particular       by    keeping        itself        informed
      about    scientific          and t e c h n i c a l   developments           which       might      have     an
      influence        on i t s     implementation;
1.5.  take   care to         avoid     duplicating          studies      and     research         work      being
      carried      out     by   the    competent        international            organizations,              taking
      account      of    the    international           framework        in    which      certain         provisions
      should,      where      n e c e s s a r y , be   adopted;
1.6.  provide      guidelines           for    the    project      leader;
1.7.  assist     the      Commission i n           the  selection        of    contractors            and    the
      allocation          of  the    corresponding             appropriations.
2.    The   reports        and o p i n i o n s     of  the    Committee         shall     be t r a n s m i t t e d   to
      the   States.
3.    The C o m m i t t e e    shall     be    composed of        one d e l e g a t e     from       the   Commission,
      as  coordinator           of   the     Community        concerted         action      project,         one
      delegate        from    each p a r t i c i p a t i n g    non-Member         State,       one      delegate
      from_each        Member S t a t e         representing        its    national         programme         and    the
      project       leader.         Each     delegate       may b e    accompanied by                 experts.
      Wherever        it   deems      it   is    useful,      the   Committee         may      invite       observers
      from the        relevant        international           organisations            (see     Annex       A).
 ---pagebreak---                                                                                                     ANNEX C
                                            FINANCING       RULES
                                                  Article       1
These    provisions      lay   down t h e     financial       rules     referred     to   in    Article      4    of
the    Community-COST C o n c e r t a t i o n     Agreement.
                                                  Article       2
At   the  beginning      of  each   financial          year,    the    Commission shaLl           send to      each
of   the  participating        non-Member         States    a call      for   funds    corresponding            to
its   share    of  the   annual    coordination          costs     under    the   Agreement,          calculated
in   proportion      to  the   maximum      amounts      laid     down   in   Article     4 of      the    Agreement.
This    contribution       shall   be   expressed both            in   ECU a n d t h e  currency         of   the
participating        non-Member     State       concerned,        the   value   of   the    ECU b e i n g     defined
in   the  Financial      Regulation       applicable        to    the   general    budget       of     the
European      Communities      and d e t e r m i n e d  on t h e   date    of  the   call     for      funds.
The t o t a l  contributions       shall      cover     the   travel     and   subsistence          costs     of    the
delegates      to  the    Committee,      in    addition      to   the   coordination         costs       proper.
Each    participating       non-Member        State     shall     pay   its   annual    contribution             to
the    coordination       costs   under     the     Agreement      at   the   beginning       of    each     year,,
a n d by  31   March    at  the   latest.         Any d e l a y   in   the  payment     of    the     annual      con­
tribution      shall    give   rise   to    the     payment     of    interest    by   the      participating
non-Member       State    concerned     at    a rate     equal      to  the   highest     discount          rate
ruling     in  the   States    on  the    due d a t e .     The     rate   shall    be  i n c r e a s e d by     0.25
of   a percentage       point   for   e a c h month      of   delay.       The   increased         rate    shall     be
applied     to   the   entire   period      of    delay.       However,      such   interest         shall    be
chargeable       only   if  payment     is    effected      more      than   three    months      after      the
issue    of   a call    for   funds   by    the     Commission.
 ---pagebreak---                                                        -2-                                   ANNEX C
                                                   Article        3
The  funds      paid      by  participating      non-Member         States   shall    be credited    to   the
concerted        action      project  as b u d g e t   receipts      allocated     to  a heading    in   the
statement       of    the    revenue        of   the     Budget     of   the  European    Communities
(section       Commission).
                                                    Article       4
The p r o v i s i o n a l  timetable    for  the      coordination        costs   referred  to   in
Article     4 of      the    Agreement   is  annexed.
                                                    Article       5
The  Financial          Regulation    in  force      applicable        to  the  general   budget    of   the
European       Communities       shall   apply      to  the   management       of  the   appropriations.
                                                    Article       6
At  the   end of        each   financial    year,      a statement        of appropriations     for     the
concerted        action      project  shall    be p r e p a r e d   and   transmitted    to the    partici­
pating    non-Member          States  for    information.
 ---pagebreak--- PROVISIONAL TIME-TABLE FOR THE CONCERTED ACTION PROJECT ON SHORE-BASED MARITIME                              NAVIGATION  AID SYSTEMS—CCOST               PROJECT     501}
                                                                                                                                                                            ECU
     ^—                 '—  •               ~          .
                                                                                1983                  1984                    1985                                 TOTAL
       1.   I n i t i a l e s t i m a t e of o v e r a l l
            requirements
            - Staff                                                  /
            - Administrative operating                                y         200,000     V      200,000         (.   100,000                        ^      600,000
                expenditure
            - Contracts for studies                                             600,000           800,000               200,000                           1,500,000
                TOTAL
                                                                                800,000         1,000,000               300,000                           2,100,000
       2 . Revised e s t i m a t e of          expenditure
            t a k i n g i n t o account        additional
            requirements arriving from the
            a c c e s s i o n of participating n o n -
           Member S t a t e s
                                                                    i
           - Staff                                                  i                                                                                ]
           - Administrative operating                               i              ?
                                                                                                                                                     I
                expendi t u r e                                      V   800,000     +).a.  -1,000,000 +   y.b.    , 300,000 + ) . c .
                                                                       I    '         l   l                                                          j.2,100,000
           - Contracts for studies                                                                                                   ^i     l
                                                                                                                                                                      L+ • b .  1+.c.
                                                                                                                                                                    ^
                                                                                                                                                          +    )  .a.
                                                                                                                                                                 i I      i  i    i i
      3.   D i f f e r e n c e between 1 and 2
           t o be c o v e r e d by
           from p a r t i c i p a t i n g
           States
                                           contribution
                                            non-Member                    Li ia
                                                                                               & •                         c
                                                                                                                       > i i                                a
                                                                                                                                                         L- i                    +1^
 a.       20,000         + 600,000        GDP p n s  :
                                                                                                                   GDP   =   Gross Domestic Product
   i
                                          GDP + GDP                                                                pns^  = p a r t i c i p a t i n g non-Member       State
                                              EC         pns.
                                                                                                                   EC    = European            Community
 b.    = 20,000           + 800,000       GDP p n s .
   i
                                          GDP      + GDP
                                              EC           pns.
 c.    = 10,000          + 200,000        GDP p n s ^
                                          GDP  E C +    GDP p n s .