CELEX: 51991PC0403
Language: en
Date: 1991-11-15
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 technological development programme in the field of renewable raw materials: forestry and wood products ( including cork ), " FOREST "

COMMISSION OF THE EUROPEAN COMMUNITIES
                                    COM(91) 403 final - SYN 366
                                    Brussels, 15 November 1991
                            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 technological development programme in the field
        of renewable raw materials: forestry and wood products
                      (including cork), "FOREST"
                     (presented by the Commission)
 ---pagebreak---                                                          J
                                           EXPLANATORY UEHORANDUU
 Subject:     Proposal        for a Council           Decision         concerning      the conclusion             of a
              Coopérât Ion Agreement between the European Economic Community and
              the Republic of Finland on a research and technological                                     development
              programme In the field               of renewable raw              materials.
 1.   By Its Decision of 20th November 1989(1),                          the Council adopted a                  specific
      R&TD programme In the fields                 of raw materials           and recycling              (1990-1992).
 2.   Article      8 of this            Decision      authorises          the Commission             to       negotiate
      agreements        with     specified        third      countries,        Including         those       European
     countries        having        concluded       framework          agreements       for     scientific          and
      technical     cooperation         with the Community, with a view to associâtIng                             them
     wholly or partly           with the programme.
 3.   In the context            of the Implementation                 of the Framework Agreement                     for
     sclent IfIc and technical               cooperation       between the European Communities and
     Finland,      the conclusion          of which on behalf of the EEC was approved by the
     Council      Decision         of    9th February           1987, this         country         has asked          to
     participate          In one subprogramme                 of      the    above mentioned                Community
     programme, relating              to forestry        and wood products           (Including          cork) as a
     renewable raw material               (FOREST).
     European cooperation              within     the field        of forestry       and forest              Industrial
     research Is Justified              by the cross-border             nature of silviculture                research
     problems and the need to unite                       the skills         of sclent 1st s from              various
     technological         disci piInes        In order to Improve the Industrial                      use of wood
     as a raw material.              Only Joint efforts              In promoting       and adapting             recent
     blotechnologlcal            and technological               findings       within       this       sector      can
     guarantee a significant                contribution         to the development of forestry                     and
     forest     Industries        Inside      Europe.
     Considering        that the association               of Finland        with the Implementation                  of
     this Community subprogramme can be of mutual advantage,                                      the Commission
     negotiated       with this country           the attached draft             Agreement.
     During the negotiations,               Finland accepted the bilateral                  agreement           pattern
     proposed        by     the      Commission         and recently            used      for      EFTA        country
     participation           In     the    environmental            programme       "STEP".         This        pattern
     Introduced       a new element - the "Cooperation                       Committee" - which did not
     exist    In the S & T cooperation                   agreements previously              concluded         between
     the EC and these               countries.
(1)     O.J. No. L 359. 8.12.1989.                  p.16.
 ---pagebreak---                                                    iï*
    The new pattern       allows these countries           to part Ici pate In the Community
    R&D programmes which are managed by committees laid down In the Council
    Decision 87/373/EEC of 13th July 1987 and takes Into account the                            three-
    phase procedure        described      In the statements          minuted at the Council
    meeting of 20th November 1989 at which the programme on raw materials and
    recycling was adopted.          This procedure was detailed           In paragraph 7 of the
    Commission Communication to the Council of 13th June                     1990(2'.
7.  The Commission will            endeavour to achieve             consistency       between      the
    functions of the Cooperation Committee and the coordination                          requirement
    provided for In Article         3(4)     of the proposed draft         Agreement.
8.  Finland    having accepted as a fundamental criterion                     of reference         the
    principle     that raw materials            and recycling      was and has to remain a
    Community programme In which the Community Interests                              have to be
    safeguarded, a draft Agreement has been agreed.
9.  The draft     Agreement, which Is annexed to                the  attached     proposal     for    a
    Council Decision, provides           for:
    -   the association        of Finland         with the     Implementation       of    the   above
        mentioned Community subprogramme;
    -   a financial     contribution      from Finland for the funding of the work to
        be carried     out In the framework of research contracts                       and of the
        management and administrâtIve             operating expenditure        for the Community
        subprogramme; this financial            contribution     Is proportlonal       to the gross
        domestic product (GDP) of Finland; the funds paid will be credited                           to
        the Community budget (relevant              budget heading 602) In conformity             with
        the financial     Annexes C and D;
        the entitlement      of persons and research bodies from Finland to submit
        research proposals and to conclude the related research contracts                         with
        the Commission;
    -   the establIshment       of a Cooperation Committee with representatives                     of
        the Community and Finland,             to ensure a proper Implementation              of the
        Agreement and mutual coordination               and Information      on the development
        of the "FOREST" subprogramme. The Committee shall adopt Its own rules
        of procedure.
10. In view of the nature of the cooperation,               any additional       expenditure     paid
    from the Community budget (relevant                 budget heading B6-8004)              resulting
    from the Implementation of this draft Agreement will                      be covered by the
    financial    contribution     from Finland.
11. The Commission proposes that            the Council     adopt the attached        proposal     for
    a     Decision.
(2)    Communication to the Council                  "Cooperation     In   S   &   T    with     third
       countries"    (COU (90) 256         final).
 ---pagebreak---                                            ^Ir*v.
                                    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 technological
development programme in the field of renewable raw materials:       forestry and wood
products (including cork), "FOREST".
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 89/626/EEC (4), the Council adopted a specific research and
technological development programme In the fields of raw materials and recycling
(1990-1992); whereas Article 8 of this Decision authorises          the Commission   to
negotiate agreements with specified      third countries,    including  those European
countries   having  concluded  framework   agreements  for  scientific   and  technical
cooperation with the Community, with a view to associating them wholly or partly
with the programme;
WHEREAS by Decision     87/177/EEC  (5), the Council    approved   the conclusion, on
behalf   of  the  European  Economic  Community,   of  the  Framework   Agreements  for
scientific and technical cooperation between the European Communities and, among
others, the Republic of Finland;
WHEREAS the Government of Finland has asked to participate in one subprogramme of
the above mentioned Community research programme, relating to forestry and wood
products (including cork) as a renewable raw material (FOREST);
(1)   O.J. N- C
(2)   O.J. N' C
(3)   O.J. N* C
(4)   O.J. N* L 359, 8.12.1989, p. 16.
(5)   O.J. N* L   71, 14.03.1987, p. 29.
 ---pagebreak---                                                   i.
WHEREAS   the  Community   and   Finland   expect    to  obtain   mutual   benefit   from
coopérât Ion,
HAS DECIDED AS FOLLOWS :
                                       Article 1
The  Cooperation   Agreement   between   the  European    Economic   Community   and  the
Republic of Finland on the research and technological development programme In
the  field  of  renewable   raw materials    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 10 of the Agreement.
Done at
                                                     For the CounciI
                                                     The President
 ---pagebreak---                          SL\i
            COOPERATION AGREEMENT
   BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
        AND THE REPUBLIC OF FINLAND
 ON RESEARCH AND TECHNOLOGICAL DEVELOPMENT
  IN THE FIELD  OF RENEWABLE RAM MATERIALS:
FORESTRY AND WOOD PRODUCTS (INCLUDING  CORK)
            ("FOREST".   1990-1992)
 ---pagebreak---                                                     Y
                                               - 2 hvr\
THE EUROPEAN ECONOMIC COMMUNITY, hereinafter                     called    "the Community"
and
"THE REPUBLIC OF FINLAND", hereinafter             called     "Finland"
both hereinafter     called   the "ContractIng         Parties"
WHEREAS the Community and Finland                  concluded a Framework Agreement for
sclent IfIc   and technical       cooperation      which entered       Into force on 17 July
1987;
WHEREAS, by Decision         of 20 November 1989. the Council                   of the European
Communities, hereinafter        called "the Council", adopted a RTD programme In the
fields   of raw materials      and recycling (1990-1992),           which Includes Inter      alia
a subprogramme relating        to forestry      and wood products (Including         cork), as a
renewable     raw    material       (FOREST),      hereinafter        called     "the Community
subprogramme";
WHEREAS the association          of Finland       with the Community subprogramme can help
to Improve the efficacy           of the research carried             out by the      Contracting
Parties   In the fields of forestry          and wood products and can avoid the useless
duplication   of    efforts;
WHEREAS the ongoing talks,            relating    to a European Economic Area, between the
Commun! ty and the EFT A countries are likely                to lead to a result       In the area
of R & D, the Contracting Parties should endeavour to find solutions                      for the
continued cooperation In the field of R & D In the forestry                    sector which take
this development Into         consideration;
WHEREAS the Community and Finland                  expect to obtain          mutual  benefit   from
Finland's   association    with the Community subprogramme,
HAVE AGREED AS FOLLOWS :
 ---pagebreak--- Finland Is hereby associated as from 20 November 1989 with the                         Implementation
of the Community subprogramme as set out In Annex A. The Implement at Ion of
the subprogramme and the Community's rate of financial                      participation       are set
out In Annex B.
                                              ARTICLE z
The financial      contribution       of Finland , deriving          from Its association            with
the Implementation        of the Community subprogramme, shall                  be establI shed In
proportion     to the amount available           each year In the general budget of the
European Communities            for     appropriations       covering      commitments        to meet
financial     obiIgatIons        of    the Commission of           the European          Communities,
hereinafter      referred     to as "the Commission", resulting                   from work to be
carried out In the framework of shared-cost research contracts                         necessary for
the Implementation        of the Community subprogramme and from management and
administrative      operating expenditure for the said subprogramme.
The proportional Ity factor governing Finland's contribution                      shall be obtained
by establtshlng       the ratio between Finland'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 Finland.                   This ratio       shall    be
calculated     on the basis of the latest               available      stat 1st leal data of the
Organisation     for Economic Cooperation and Development (OECD).
The funds est I mated as necessary to carry             out the Community subprogramme, the
amount of Finland's            contribution       and   the 11 met able        of    the commitment
estimates are set out In Annex C.
The rules    governing    Finland's      financial    contribution      are set out In Annex D.
    For the purposes of the Agreement, a Cooperation Committee to assist                           the
    Commission In the            Implement at Ion of       the research         and      technological
    development subprogramme In the field of forestry                    (1990-1992),      adopted by
    Decision     of the Council          of the European Communities of 20 November
    1989(1),      hereinafter        referred      to   as    "the      Committee",        Is    hereby
    establI shed.
    The Committee shall        consist     of représentât Ives of the Community and
    Finland.
    (1)  Council    Decision      89/626/EEC
 ---pagebreak---                                            - 4
3.   The Committee shall        be consulted    for all     the matters     concerning    the
     Implementation       of the Agreement.      For this      purpose.     It  shall  make
     recommendat Ions.
4.   The representative      of the Community shall take the appropriate           steps to
     ensure coordination      between the Implementation of this Agreement and the
     decisions taken by the Community In respect of the Implementation of the
     Community subprogramme.
5.   For the purpose of the proper           Implementation      of the Agreement, the
     Contracting     Parties   shall exchange Information       and. at the request of
     either Party, shall hold consultations         within the Committee.
6.   The Committee shall adopt Its own rules of procedure and It shall meet,
     at the request of either          Contracting     Party,   In accordance with        the
     conditions to be laid down In Its rules of procedure.
                                        ARTICLE 4
For Finnish      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
subprogramme shall be limited to those arising            from contracts under the same
subprogramme. In particular,         the general provisions       appl/cable    to research
contracts within the Community shall apply subject to this article,                   mutatis
mutandis, to research contracts with Finnish            research and development bodies
and persons as far as questions relating           to taxation and customs duties and
the utilization     of research results are concerned.
                                        ARTICLE g
The Commission shall send to Finland a copy of the reports establ I shed In
accordance with Article       4 of the above mentioned Decision of the Council of
the European Communities.
 ---pagebreak---                                             - 5-
                                          Article g
Each Contracting Party undertakes, In accordance with their respective                    rules
and regulations,    to fact I It ate the movement and residence of research workers
participating    In Finland     and In the Community In the activities             covered by
this Agreement.
                                          Article  7
The Commission and the Technology Development Centre of Finland                 shall    ensure
the Implementation of this Agreement.
                                          Article  8
Annexes A,B,C and D to this       Agreement shall     be an Integral    part     thereof
                                          Article  9
1.   This Agreement shall        be concluded     for   the   duration    of  the Community
     subprogramme.
     Should the Community revise the Community subprogramme, the Agreement may
     be denounced under mutually              agreed conditions.        Finland     shall    be
     notified  of the exact content of the revised subprogramme 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 fields          of
     forestry  and wood products, this Agreement may be renegotiated or renewed
     under mutually agreed        conditions.
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      term/nation and/or expiry of this Agreement shall
     be continued until     they   are completed under the conditions           laid down in
     this Agreement.
 ---pagebreak---                                           6 -
                                     Article 10
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 11
This Agreement shall apply, on the one hand, to the territories       In which the
Treaty establIshlng    the European Economic Community Is applied and under the
conditions    laid down In that Treaty and. on the other hand, to the       territory
of   Finland.
                                     Article \Z
This Agreement shall be drawn up In duplicate      In the Danish, Dutch,    English,
French, German, Greek, Italian,     Portuguese, Spanish and Finnish      languages,
each of these texts being equally      authentic.
For the European                              For the Republic  of Finland
Economic Community
 ---pagebreak---                                               - /
                                                                        ANNEX A
                          COMMUNITY SUBPROGRAMME IN THE FIELD
                              OF RENEWABLE RAW MATERIALS:
                   FORESTRY AND WOOD PRODUCTS (INCLUDING CORK)
                                   ("FOREST",      1990-1992)
The Community subprogramme shall         cover   the following       research     areas:
                                                   Indicative     allocation     of  funds
                                                              (ECU      million)
1.    Forest    resources
1.1   Tree Improvement
1.2   Planning and management
1.3   Forest      protection
2.    Wood and cork        technologies
2.1   Quality    assessment
2.2   Processing      technology
3.    lutp end paper         manufacturing
3.1    Improvement In pulping       and    bleaching
3.2    Improvement of paper manufacture          and     coating
                                                              Total   12
 ---pagebreak---                                                 - 8 -
                                                                                   ANNEX B
                         IMPLEMENTATION OF THE SUBPROGRAMME AND
                   THE COMMUNITY'S RATE OF FINANCIAL PARTICIPATION
 The subprogramme shall      be Implemented by means of
 (I)    shared-cost    research      contracts.
 (II)   concerted     actions,
 (III)  coordination        activities.
 (Iv)   education   and training      activities   and
(v)     studies   and   assessments.
The subprogramme Is open to universities,                     research     organisations      and
Industrial      companies.      Including        small   and    medium-sized          enterprises.
Individuals,     or any combination thereof established              In the Community and In
Finland.     As a rule projects        must be transnational       and at least one partner
In a project must be establ I shed In the Community.
For shared-cost      contracts,      the Community participation          shall   not    normally
exceed 50% of the total            expenditure,      but this    percentage     may be      varied
according    to the nature      <:nd the stege of development           of the research.         In
respect of uni vers it les and research Institutes           carrying    out projects    In    this
subprogramme, the Community may bear up to 100% of the additional                      expenditure
Involved.
 ---pagebreak---                                                    - 9
                                                                                           ANNEX C
                                         FINANCIAL PROVISIONS
   1.   According to the Council Decision adopting the FOREST subprogramme, the
        amount estimated as necessary to carry out this Community subprogramme
        shall be 12.000,000        ecus.
  2.    Finland's       financial   contribution       for Its association           to the Community
        subprogramme Is estimated to be 280,423 ecus and shall be added, along
        with other possible          contributions       from third       countries,     to the above
        mentioned amount, as foreseen In Article                 2 of this Agreement.
  3.    The Indicative       timetable for the committment appropriations                of the FOREST
        subprogramme and Finland's           contribution       are as follows:
                                                                    (ECU)
Community Committments                       1990              1991             1992            TOTAL
Management and
Administration                           456.000             5 JO.000          490.000       1.456.000
Operations
Contracts                             2.644.000           6.090.000         1.810.000       10.544.000
TOTAL                                 3.100.000           6.600,000         2.300,000       12.000.000
Finland's     contribution
Management and
Administration                            10,656              11.918            11.451           34.025
Operations
Contracts                                 61,786             142,315            42,297         246.398
 TOTAL                                    72.442             154,233            53,748         280,423
 ---pagebreak---                                                                - 10 -
                                                              ANNEX D
                                                       FINANCING RULES
    The     Annex      lays      down         the     detailed          rules        governing              Finland's              financial
    contribution           referred          to    In Article           2 of      the         Agreement.
 2. At   the    beginning         of     each       year,      or whenever              the      Community           subprogramme           Is
    revised      so as to         Involve          an Increase            In the        amount estimated                   as     necessary
    for    Its    Implementation,                 the     Commission           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
                                  1
    (EEC)      No.    3180/78( ).               as     amended         by     Regulation               (EEC)        No.          1971/89(2>.
    The     value       In    Finnish            currency           of     the      contribution                  In     ecu    shall       be
    determined        on the        date       of    the call         for      funds.
    Finland        shall        pay        Its       contribution               to       the       annual          cost       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 Finland           at   a
    rate    equal      to    the     highest          discount         rate      obtained            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
    CommIssI on.
    Travel      costs      of    Finnish            representatives                and experts                 arising        from      their
    participation            In    the      work      of     the     Committee             referred           to    In    Article      3    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
                                                                                               3
    Council      Decision        no.     84/338/Euratom.                    ECSC.EEC( >.
(1) OJ No L 379. 30.12.1978.                        p.1.
(2) OJ No L 189. 04.07.1989.                      P. 1.
(3) OJ No L177. 04.07.1984,                     P. 25.
 ---pagebreak---                                          // -
3. The funds paid by Finland    shall be credited to the Community subprogramme
   as budget receipts  allocated   to Its appropriate    heading In the statement
   of revenue of the general budget of the European Communities.
4. The Financial Regulation In force applIcable      to the general budget of the
   European Communities shall apply to the management of the appropriât Ions.
5. At the end of each year, a statement      of appropriations  for the Community
   subprogramme shall      be   prepared    and   transmitted    to  Finland  for
   Information.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM(91) 403 final
                                                      DOCUMENTS
EN                                                                         11 15
                                 Catalogue number : CB-CO-91-464-EN-C
                                                             ISBN 92-77-76761-8
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