CELEX: 51988PC0574
Language: en
Date: 1988-10-25
Title: PROPOSAL FOR A COUNCIL DECISION concerning the conclusion of the Cooperation Agreement between the European Economic Community and the Republic of Finland on research and development in the field of the protection of the environment. (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 574
Vol. 1988/0195
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13. März 2015 über die Sicherheitsvorschriften für den Schutz von EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM ( 88 ) 574  final
                                                    Brussels , 250ctober 1988
                        PROPOSAL FOR A COUNCIL DECISION
concerning the conclusion of the Cooperation Agreement between the European
Economic Community and the Republic of Finland on research and development in
the field of the protection of the environment .
                            ( presented by the Commission )
                                                                * % m
                                                   и   д          * M #
                                                   Х-Й /    ..       У
 ---pagebreak---                                         - 2 -
                  COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
  Subject :  Proposal for a Council Decision concerning the conclusion of the
             Cooperation Agreement between the European Economic Community and
             the Republic of Finland on research and development in the field of
             the protection of the environment .
 1.   By its Decision of 10 June 1986 , the Council adopted multiannual R & D
      programmes in the field of the environment ( 1986 to 1990 ), which include a
      programme on the protection of the environment .         Article 6 of this
      Decision authorizes the Commission to negotiate agreements with third
      States , in particular those involved in European cooperation in the field
      of scientific and technical research ( COST ), with a view to associating
      them wholly or partly with these programmes .
 2.   In the context of the implementation of the Framework Agreement          for
      scientific and technical cooperation between the European Communities    and
      the Republic of Finland, the conclusion of which on behalf of            the
_     Community was approved by Council Decision of 9 February 1987, Finland   has
      expressed an interest in cooperating on research and development in      the
      field of the protection of the environment .
 3.   A comprehensive research and development programme on the protection of
      the environment is being carried out in Finland . Bearing in mind the
      technical and scientific importance of this programme , and the favourable
      attitude expressed on 17 / 18 September 1987 by the competent CGC regarding
      cooperation with Finland in the field of the protection of the
      environment , the Commission has negotiated a draft agreement to cooperate
      with Finland in the research areas covered by the above mentioned
      Community programme .
4.    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 Community
        programme ;
      - a financial contribution from Finland for the funding of the work to be
        carried out in the framework of shared cost research contracts and of
        the management and administrative operating expenditure for the
        concerted action projects and the Community programme ; this financial
        contribution is proportional to Finland 's gross domestic product ;
      - the entitlement of Finnish persons and undertakings to submit research
        proposals and to conclude the related research contracts with the
        Commission ;
      - the enlargement of the Management and Coordination Advisory Committee
        " Environment and Climatology" to include Finnish representatives .
 ---pagebreak---                                     - 3 -
5. In view of the nature of the cooperation , any additional expenditure paid
   from the Community budget ( relevant budget heading 7328 ) resulting from
   the implementation of this draft agreement will be covered by Finland 's
   financial contribution .
   The funds paid by Finland will be credited to the Community budget
   ( relevant budget article 602 ).
6. The Commision proposes that the Council adopt the attached proposal for a
   decision .
 ---pagebreak---                                             - 4 -
                                       Proposai for a
                                      COUNCIL DECISION
concerning the conclusion of a Cooperation Agreement between the European
Economic Community and the Republic of Finland on research and development in
the field of the protection of the environment .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,     and
in particular Article 235 thereof ,
Having regard to the proposal by the Commission ,
Having regard to the opinion of the European Parliament ,
Whereas by its Decision 86 / 234 / EEC ( 1 ), the Council adopted multiannual
research and development programmes ( 1986 to 1990 ) in the field of the
environment , which include a programme on the protection of the environment ;
whereas Article 6 of that Decision authorises the Commission to negotiate
agreements with third States ,           in particular those involved in European
cooperation in the field of scientific and technical research ( COST ), with a
view to associating them fully or partly with these programmes ,
Whereas , by Decision 87 / 177 / EEC ( 2 ), the Council approved the conclusion on
behalf of the European Economic Community of the Framework Agreement for
scientific and technical cooperation between the European Communities and,
among others , the Republic of Finland ,
Whereas the present Agreement should be approved ,
Whereas the Treaty does not provide the necessary powers ,
HAS DECIDED AS FOLLOWS :
  O.J. N° L 159, 14 /6 / 86, p. 31
2
   O.J. N° L 71 , 14 / 3 / 87 ; p. 29
 ---pagebreak---                                       - 5 -
                                  Sole Article
The Cooperation Agreement between the European Economic Community and the
Republic of Finland on research and development in the field of the protection
of the environment , is hereby approved on behalf of the Community .
The text of the Agreement is attached to this Decision .
Done at
                                                       For the Council
                                                       The President
 ---pagebreak---                        - 6 -
               COOPERATION AGREEMENT
                      BETWEEN
         THE EUROPEAN ECONOMIC COMMUNITY
                        AND
             THE REPUBLIC OF FINLAND
                         ON
             RESEARCH AND DEVELOPMENT
IN THE FIELD OF THE PROTECTION OF THE ENVIRONMENT
 ---pagebreak---                                        - 7 -
                               COOPERATION AGREEMENT
                                      BETWEEN
                         THE EUROPEAN ECONOMIC COMMUNITY
                                        AND
                             THE REPUBLIC OF FINLAND
                                         ON
                             RESEARCH AND DEVELOPMENT
               IN THE FIELD OF THE PROTECTION OF THE ENVIRONMENT
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
scientific and technical cooperation which entered into force on 17 July
1987 ;
WHEREAS , by decision of 10 June 1986 ,         the Council of the      European
Communities ,   hereinafter called " the Council ", adopted multiannual R&D
programmes in the field of the environment ( 1986 to 1990 ), covering , among
others , a programme on protection of the environment , hereinafter called " the
Community programme";
WHEREAS the association of Finland with the Community programme can help to
improve the efficacy of the research carried out by the Contracting Parties
in the field of the protection of the environment and can avoid the useless
duplication of efforts ;
WHEREAS   the Community and Finland expect to obtain mutual benefit from
Finland 's association with the Community programme ;
HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                       - 8 -
Artide 1
Finland is     hereby associated with the      implementation of   the Community
programme as set out in Annex A.
Article 2
The financial contribution of Finland, deriving from its association with the
implementation of the Community programme shall be established in proportion
to the amount available each year in the general budget of the European
Communities for appropriations covering commitments to meet financial
obligations of the Commission of the European Communities , hereinafter
referred to as " the Commission ", resulting from work to be carried out in the
framework of      research contracts necessary to the implementation of the
Community programme and from management and administrative operating
expenditure for the Community programme .
The^proportionality factor governing Finland 's contribution shall be given by
the ratio between Finland 's gross domestic product ( 6DP ), 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 OECD statistical data .
The funds estimated as necessary to carry out the Community programme ,       the
amount of Finland 's contribution     and   the  time  table  of  the  commitment
estimates are set out in Annex B.
The rules governing Finland 's financial contribution to the carrying out of
the Community programme are set out in Annex C.
Article 3
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
programme shall be the same as those applicable to research and development
bodies and persons in the Community .     In particular , the provisions of the
General Terms and Conditions applicable to research contracts within the
Community shall apply , 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 4
The Commission shall be responsible for the implementation of the Community
programme . It shall be assisted by the Management and Coordination Advisory
Committee on " the Environment and Climatology",      hereinafter referred to as
"the Committee", set up by Council Decision n° 84/338 ( 1 ).
7TY ' OJ N u L1?7 of OT.07.1984, pl'ZS.
 ---pagebreak---                                      - 9 -
The Committee shall be enlarged to include two representatives designated by
Finland who may be assisted or replaced by one Finnish expert .      They shall
participate solely in the work of the Committee which meets in its variable
configuration to accomplish the tasks concerning the Community programme on
the protection of the environment .
Article 5
1.  With regard to the concerted action projects referred to in Annex A ,
    Finland , the Community and the participating Member States of the
    Community shall regularly exchange any useful information concerning the
    execution of the research covered by such concerted action projects .
2.  Finland shall provide the Commission with all information relevant for
    coordination purposes .      Any such information shall be treated as
    confidential if so requested by Finland .
3.  The scientific results of the       concerted action projects shall be
    published by the Commission,         except those which are declared
    confidential .
4.  In agreement with the Committee , the Commission shall prepare annual
    activity reports on the basis of the information supplied and shall
    forward them to Finland and to the participating Member States of the
    Community .
5.  At the end of the concertation period , the Commission shall , in agreement
    with the Committee , forward to Finland , to the participating Member
    States of the Community and to the European Parliament a summary report
    on the implementation and results of the projects . With the agreement of
    the Committee , the report may be published by the Commission .
Article 6
Each Contracting Party undertakes , in accordance with their respective rules
and regulations, to facilitate the movement and residence of research workers
participating in Finland and in the Community in the activities covered by
this agreement .
Article 7
The Commission and the Ministry of the Environment of Finland shall ensure
the implementation of this Agreement .
Article 8
This agreement shall apply , on the one hand , to the territories in which the
Treaty establishing the European Economic Community is applied and under the
conditions laid down in that Treaty and , on the other hand, to the territory
of the Republic of Finland .
 ---pagebreak---                                      - 10 -
Article 9
1.   This agreement is concluded for the duration of the Community programme .
     Should the Community revise the Community programme , the agreement may be
     terminated under mutually agreed conditions .    Finland shall be notified
     of the exact content of the revised programme within one week after 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.   This agreement shall be renewed by tacit agreement when the Community
     adopts a new Community programme , for the duration of the new programme ,
     unless it is terminated by one Contracting Party by written notification
     to the other Contracting Party within three months following the adoption
     of the new programme .      The provisions of the second subparagraph of
     paragraph 1 above remain applicable .
3 . ►Whenever a decision on a Community programme is taken by the Community ,
     Annexes A and B shall be amended in accordance with the Community 's
     decision, unless otherwise agreed upon by the Contracting Parties .
4.   This agreement shall not be regarded as having expired merely because
     there is a delay in the adoption of a future Community programme .
5.   Excepted as provided in paragraphs 1 and 2 of this article , either
     Contracting Party may at any time terminate the agreement with 6 months'
     notice . The projects and work in progress at the time of termination
     and / or expiry of this agreement shall be continued until they are
     completed under the conditions laid down in the agreement .
Article 10
This agreement shall be approved by the Contracting Parties in accordance
with their existing procedures . Subject to the Contracting Parties having
notified each other of the completion of the procedures necessary for this
purpose , it shall enter into force on 1 January 1989 .
Article 11
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 .
Done at
                                                   For the Council
                                                   of the European Communities
                                                   For the Republic of Finland
 ---pagebreak---                                        - 11
                                      ANNEX A
    COMMUNITY PROGRAMME IN THE FIELD OF THE PROTECTION OF THE ENVIRONMENT
                                  ( 1986 to 1990 )
The Community programme shall cover the following research areas :
Reference to the subthemes contained under the following 11 research topics
is of an indicative nature :
1.  Health effects of pollutants
    - Chronic and late effects at low exposure levels and early indicators
       health effects ,
    - Epidemiology and exposure trends .
2.  Ecological effects of pollutants
    - Effects on sensitive key species ,
    - Effects on ecosystems .
3.  Assessment of chemicals
    -  Development and assessment of testing procedures ,
    -  Replacement of vertebrates used for toxicity testing ,
    -  Structure / activity relationships ( SAR ),
    -  Evaluation of chemicals .
4.  Air quality
    - Analysis , sources , transport , transformation and deposition of
       pollutants ,
    - Effects of air pollution on the natural environment ,
    - Effects of air pollution on materials ,
    - Stratospheric chemistry ,
    - Remote-sensing techniques ,
    - Indoor-air quality .
5.  Water quality
    - Analytical methods ,
    - Biotic and abiotic degradatio of pollutants .
    - Eutrophication ,
    - Remote-sensing techniques .
6.  Soil quality
    - Analytical methods ,
    - Behaviour of pollutants in soil ,
    - Effects of pollutants in soil ,
    - Effects of agricultural and forestry on soil quality .
 ---pagebreak---                                          - 12 -
 7.    Noise research
       - Effects of noise on the cardiovasculalr system,
       - Comparison between effects of impulse noises and those of continuous
           noises ,
       -   Synergism between noise and vibrations .
8.     Ecosystem research
      - Basic research on the functioning of ecosystems ,
      - Effects of agricultural practice and urbanization on ecosystems , loss
          of genetic diversity ,
      - Environmental oceanography ,
      - Bio-geochemical cycles ,
      -   Conservation of flora and fauna .
9.    Waste research
      -   Waste management ,
    _ -   Organic wastes ,
      -   Toxic and dangerous waste,
      -   Abandoned disposai sites .
10 . Réduction of pollution
      - Advanced abatement technologies ,
      - Clean technologies .
11 .    Scientific basis of environmental legislation and management including
        the development of scientific criteria for environmental impact
        assessment .
Concerted action projects
Concerted actions may be implemented            in the following areas within the
scientific programme :
1.    Air-pollution effects on terrestrial and aquatic ecosystems ,
      ( COST 612 / 2 );
2.    Physico-chemical behaviour of atmospheric pollutants , ( COST 611 / 2 );
3.    Organic micropollutants in the aquatic environment , ( COST 641 / 2 );
4.    Treatment and use of organic sludge and liquid agricultural waste ,
      ( COST 681 / 2 );
5.    Coastal benthic ecology , ( COST 647/ 1 );
6.    Indoor-air quality and its impact on man, ( COST 613 / 1 );
7.    Protection of species , ( COST 691 / 1 );
8.    New technologies and environmental protection
      - environmental impact of new technological processes ,
      - environmental impact of new technological products ,
      - use of new technologies for environmental protection ;
9.    Compatibility of fibres with the environment and health .
The work shall be carried out as shared-cost contract research ,           concerted
action projects , coordination and training activities .
 ---pagebreak---                                        - 13 -
                                      ANNEX B
                               FINANCIAL PROVISIONS
Article 1
The amount estimated as necessary to carry out the Community programme shall
be 55 million ECU .      This amount includes a sum of 4,464,000 ECU for the
concerted action projects .
Article 2
Finland 's financial contribution to the execution of the Community programme
is estimated to be 375,240 ECU .
Article 3
The  timetable   of  the   commitment   estimates  and of Finland 's financial
contribution is given in the following page .
 ---pagebreak---                                              TIMETABLE OF THE COMMITMENTS ESTIMATED AS
                                           NECESSARY FOR THE EXECUTION OF THE COMMUNITY
                                                PROGRAMME ( COMMITMENT APPROPRIATIONS )
                                                 AND OF FINLAND'S CONTRIBUTION ( ECU)
                            COMMITMENTS FOR                                                   FINLAND 'S CONTRIBUTION
YEAR
        MANAGEMENT AND   CONCERTED         SHARED-COST                      MANAGEMENT AND     CONCERTED      SHARED-COST
        ADMINISTRATIVE    ACTION            RESEARCH           TOTAL         ADMINISTRATIVE     ACTION         RESEARCH      TOTAL
          OPERATION      PROJECTS            CONTRACTS                         OPERATION       PROJECTS        CONTRACTS
      I                I             I                    I               I                 I               I             I
1986  I     958,000    ¡   720,000   I                 0  I   1,678,000   I            0    I    14,400     I         0   I  14,400
      I
      I                              II                   I
                                                          I
                                                                          I
                                                                          I
                                                                                            I
                                                                                            I
                                                                                                                          I
                                                                                                                          I
1987  I   1,200,000    I   720,000    I      34,080,000   i  36,000,000   I           0     I    14,400    I          0   I  14,400
      I                I              II                  I               I                 I              II             I
      I                I                                  I               I                 I                             I
1988  I   1,292,000    I 1,008,000     I     10,722,000   I  13,022,000   I      25,840     I    20,160     I   214,440   I 260,440
      I                                                   I               I
                                       II
                                                                                            I               I             I
      I                                                   I               I                 I               I             I
1989  I   1,292,000    I 1,008,000     I               0  I   2,300,000   I      25,840     I    20,160     I         0   I  46,000
      I                I                II                I                                                               I
      I                I                                  I               I                 I                             I
1990  I     992,000    I 1,008,000     I               0  I   2,000,000   I      19,840     I    20,160     I         0   I  40,000
      I                I                 I                I               I                 I               I             I
GRAND     5,734,000      4,464,000           44,802,000      55,000,000          71,520          98,280         214,440     375,240
TOTAL
 ---pagebreak---                                          - 15 -
                                        ANNEX C
                                   FINANCING RULES
Article 1
These provisions lay down the financing rules for Finland referred to in
Article 2 of the agreement .
Article 2
At the beginning of each year , or     whenever the Community programme is revised
so as to involve an increase in        the amount estimated as necessary for its
implementation ,    the 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 ECU and in the Finnish currency ,
the composition of the ECU being defined in the Council Regulation 3180 / 78
( 1 ).    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 costs under the agreement at
the beginning of each year and at the latest three months after the call for
funds is sent . Any delay in the payment of the contribution shall give rise
to the payment of interest by Finland at a rate equal to the highest discount
rate obtaining in the Member States of the Community on the due date . The
rate shall be increased by 0.25 of a percentage point for each month of
delay .
The increased rate shall be applied to the entire period of delay . However ,
this interest shall be payable only if the contribution is paid more than
three months after a call for funds has been made by the Commission .
Travel costs of Finnish representatives and experts deriving from their
participation in the work of the Committee referred to in Article 4 of the
agreement shall be reimbursed by the Commission in accordance with the
procedures currently in force for the representatives and experts of the
Member States of the Community and, in particular, in accordance with Council
Decision n° 84 / 338 .
Article 3
The funds paid by Finland shall be credited to the Community programme as
budget receipts allocated to its appropriate heading in the statement of
revenue of the general budget of the European Communities .
Article 4
The Financial Regulation in force applicable to the general budget of the
European Communities shall apply to the management of the appropriations .
Article 5
At the end of each year ,      a statement of appropriations for the Community
programme shall be prepared and transmitted to Finland for information .
(1 )   0J L 379 of 30.12.1978 , p. 1 .
 ---pagebreak---                  FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Ce projet a trait à une décision du Conseil concernant la conclusion d' un
accord de coopération entre la CEE et la Finlande relatif à la recherche dans
le domaine de la protection de l' environnement .
En tant que tel ,   ce projet peut avoir un impact positif sur les PME , dans la
mesure où il constitue un instrument facilitant l' accès à la connaissance et
à l' échange d' expériences .