CELEX: 51990PC0029
Language: en
Date: 1990-05-10
Title: PROPOSAL FOR A COUNCIL DECISION CONCERNING THE CONCLUSION OF A COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE SWISS CONFEDERATION ON A RESEARCH AND DEVELOPMENT PROGRAMME FOR THE EUROPEAN ECONOMIC COMMUNITY IN THE FIELD OF APPLIED METROLOGY AND CHEMICAL ANALYSIS ( B.C.R )

16. 6. 90                              Official Journal of the European Communities                               No C 148/43
              Proposal for a Council Decision concerning the conclusion of a Cooperation Agreement between the
              European Economic Community and the Swiss Confederation on a research and development
              programme for the European Economic Community in the field of applied metrology and chemical
                                                         analysis (BCR)
                                                 COM(90) 29 final — SYN 250
                                       (Submitted by the Commission on 18 May 1990)
                                                        (90/C 148/08)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           scientific and technical cooperation between the European
                                                                    Communities       and,     among     others,    the     Swiss
Having regard to the Treaty establishing the European               Confederation;
 Economic Community, and in particular Article 130 Q (2)
 thereof,                                                           Whereas the Cooperation Agreement between the European
                                                                    Economic Community and the Swiss Confederation on a
Having regard to the proposal from the Commission,                  research and development programme for the European
                                                                    Economic Community in the field of applied metrology and
In cooperation with the European Parliament,                        chemical analysis should be approved,
Having regard to the opinion of the Economic and Social
Committee,                                                          HAS DECIDED AS FOLLOWS:
Whereas by Decision 88/418/EEC (»), the Council adopted                                       Article 1
a research and development programme for the European
Economic Community in the field of applied metrology and            The Cooperation Agreement between the European
chemical analysis (1988 to 1992); whereas Article 4 of this         Community and the Swiss Confederation on a research and
Decision authorizes the Commission to negotiate agreements          development programme for the European Economic
with third countries and in particular with those European          Community in the field of applied metrology and chemical
countries having concluded framework agreements for                 analysis is hereby approved on behalf of the Community.
scientific and technical cooperation with the Community
with a view to associate them wholly or partly with the             The text of the Agreement is attached to this Decision.
programme;
                                                                                              Article 2
Whereas by Decision 87/177/EEC (2), the Council
approved the conclusion on behalf of the European                   The President of the Council shall carry out the notification
Economic Community of the Framework Agreement for                   as provided for in Article 11 of the Agreement.
(*) OJ No L 206, 30. 7. 1988, p. 29.
(2) OJ No L 71, 14. 3. 1987, p. 29.
 ---pagebreak--- No C 148/44                                  Official Journal of the European Communities                                       16. 6. 90
                                                    COOPERATION AGREEMENT
              between the European Economic Community and the Swiss Confederation on research and
                            development in the field of applied metrology and chemical analysis (BCR)
              THE EUROPEAN ECONOMIC COMMUNITY, hereinafter called 'the Community',
              and
              THE SWISS CONFEDERATION, hereinafter called 'Switzerland',
               both hereinafter called the 'Contracting Parties',
              Whereas, by its Decision of 29 June 1988, the Council of the European Communities, hereinafter called 'the
              Council', adopted a research and development programme in the field of applied metrology and chemical analysis
              (1988 to 1992), hereinafter called 'the Community programme';
              Whereas the Contracting Parties concluded a framework agreement for scientific and technical cooperation which
              entered into force on 17 July 1987;
              Whereas the association of Switzerland with the Community programme can help to improve the efficacy of the
              research carried out by the Contracting Parties in the field of applied metrology and chemical analysis, and can
               avoid the useless duplication of efforts;
              Whereas the Contracting Parties expect to obtain mutual benefit from Switzerland's association with the
               Community programme,
               HAVE AGREED AS FOLLOWS:
                             Article 1                                      The rules governing Switzerland's financial contribution for
                                                                           the execution of the Community programme are set out in
Switzerland is hereby associated, as from 1 January 1989,                  Annex C.
with the implementation of the Community programme as
set out in Annex A.
                                                                                                       Article 3
                             Article 2
The financial contribution of Switzerland, deriving from its                For Swiss research and development bodies and persons, the
association with the implementation of the Community                        terms and conditions for the submission and evaluation of
programme shall be established in proportion to the amount                  proposals and the terms and conditions for the granting and
available each year in the general budget of the European                   conclusion of contracts under the Community programme
Communities for appropriations covering commitments to                      shall be the same as those applicable to research and
meet financial obligations of the Commission of the                         development bodies and persons in the Community.
European Communities, hereinafter referred to as 'the
Commission', resulting from work to be carried out in the                   The contracts, drawn up by the Commission, shall show the
framework of research contracts necessary to the                            rights and obligations of Swiss research and development
implementation of the Community programme and from                          bodies and persons, and in particular the methods of
management and administrative operating expenditure for                     disseminating, protecting and exploiting the research
the Community programme.                                                    results.
The proportionality factor governing Switzerland's
contribution shall be given by the ratio between Switzerland's
gross domestic product (GDP), at market prices, and the sum                                            Article 4
of gross domestic products, at market prices, of the Member
States of the Community and of Switzerland. This ratio shall                The Commission shall be responsible for the implementation
be calculated on the basis of the latest available OECD                     of the Community programme. It shall be assisted by the
statistical data.                                                           Management and Coordination Advisory Committee
                                                                            'Scientific and Technological Standards', hereinafter referred
The funds estimated as necessary for the execution of the                   to as 'the Committee', set up by Council Decision
Community programme, the amount of Switzerland's                            84/338/Euratom, ECSC, EEC (>).
contribution and the timetable of the commitment estimates
are set out in Annex B.                                                     (') OJ No L 177, 4. 7. 1984, p. 25.
 ---pagebreak--- 16. 6. 90                                 Official Journal of the European Communities                                No C 148/45
The Committee shall be enlarged to include two                       conditions. Switzerland shall be notified of the exact content
representatives designated by Switzerland who may be                 of the revised programme within one week after its adoption
assisted or replaced by one Swiss expert. They shall                 by the Community. The Contracting Parties shall notify each
participate solely in the work of the Committee which meets          other within three months after the Community Decision has
in its variable configuration to accomplish the tasks                been adopted if a termination of the Agreement is
concerning the Community programme.                                  envisaged.
                                                                     2.     When the Community adopts a new R&D programme
                           Article 5                                 in the field of applied metrology and chemical analysis, this
                                                                     Agreement can be renegotiated or renewed under mutually
At the end of 1990, the Commission shall address a report to         agreed conditions.
the Council, the European Parliament and the Economic and
Social Committee on the basis of an evaluation of the results        3.     Subject to paragraph 1, either Contracting Party may
so far achieved. This report shall be accompanied by                 at any time terminate the Agreement with six months' notice.
suggestions for changes which may be necessary in the light          The projects and work in progress at the time of termination
of these results. A copy of that report shall be transmitted to      and/or expiry of this Agreement shall be continued until they
Switzerland which, in addition, shall be informed of any             are completed under the conditions laid down in this
possible suggestions for changes.                                    Agreement.
                           Article 6
                                                                                                 Article 10
Each Contracting Party undertakes, in accordance with its
respective rules and regulations, to facilitate the movement         The Annexes A, B and C to this Agreement shall be an
and residence of research workers participating in                   integral part thereof.
Switzerland and in the Community in the activities covered
by this Agreement.
                                                                                                 Article 11
                           Article 7                                 This Agreement shall be approved by the Contracting Parties
The Commission and the Swiss Federal Council shall ensure            in accordance with their existing procedures.
the implementation of this Agreement.
                                                                     It shall enter into force on the date on which the Contracting
                                                                     Parties notify each other of the completion of the procedures
                           Article 8                                 necessary for this purpose.
This Agreement shall apply, on the one hand, to the
territories in which the Treaty establishing the European                                        Article 12
Economic Community is applied and under the conditions
laid down in that Treaty and, on the other hand, to the              This Agreement shall be drawn up in duplicate in the Danish,
territory of the Swiss Confederation.                                Dutch, English, French, German, Greek, Italian, Portuguese
                                                                     and Spanish languages, each of these texts being equally
                                                                     authentic.
                           Article 9
 1.    This Agreement shall be concluded for the duration of
the Community programme.                                                                                 For the Council of the
                                                                                                        European Communities
Should the Community revise the Community programme,
the Agreement may be denounced under mutually agreed                                                 For the Swiss Confederation
 ---pagebreak--- No C 148/46                             Official Journal of the European Communities                                          16. 6. 90
                                                              ANNEX      A
          COMMUNITY PROGRAMME IN THE FIELD OF APPLIED METROLOGY AND CHEMICAL ANALYSIS
                                                            (1988 to 1992)
          The objective of the programme is to improve the reliability of chemical analyses and physical measurements
          (applied metrology) so as to achieve agreement of results in all Member States.
          The project will be chosen from those fields which are of priority importance for the Community as judged from an
          economic, environmental or public health view point.
          The priority fields are the following:
          (a) analyses for food and agriculture, in particular:
               — analyses in livestock (foodstuffs, hormones, antibiotics, etc.) and of the quality of cereals, fruit and
                   vegetables,
               — analyses of the quality of processed food (nutritional properties, presence of dangerous substances,
                   bacteria] contamination);
          (b) analyses related to the environment, in particular:
               — determination of traces of dangerous compounds in various matrices,
               — determination of air pollutants at the workplace,
               — mutagenicity of chemical substances;
          (c) biomedical analyses, with priority for:
               — the determination of enzymes and hormones (in human serum),
               — haematological tests (e.g. blood coagulation),
               — analyses related to cardiovascular diseases,
               — analyses related to tumour markers and drugs in the human body;
          (d) analyses of (essentially non-ferrous) metals and surface analysis of materials;
           (e) applied metrology. The emphasis will be placed on the measurement and calibration of the most important
               parameters for test laboratories and industrial laboratories, in particular for quality control. The subjects
               covered will include in particular:
               — dimensional and mechanical metrology (in particular, measurements that are becoming increasingly
                  necessary for the verification of automatic machines) and the characterization of surface states,
               — mechanical parameters, such as force and pressure,
               — study of the performance and accuracy of new temperature measuring devices,
               — improvement of optical metrology in the visible, ultra-violet and infra-red ranges and in the field of fibre
                  optics and lasers,
               — measurements of electrical magnitudes, in particular at high frequency,
               — acoustic measurements, in particular as regards to sound-proofing,
               — measurements relating to ultrasonics,
               — liquid and gas flow measurements,
               — methods of measurement of physical and material properties, such as thermal conductivity, viscosity,
                   etc.,
               — methods of determination of the mechanical properties of metals (the work will cover only the methods
                   required for the accurate determination of these properties and not the characterization of the
                   materials),
               — improvement of technological measurements in industry.
               The activities include in particular:
               — execution of measurement programmes involving the cooperation of laboratories in several Member
                   States (intercomparisons),
               — improvement of methods of analysis and measurement,
               — improvement of instruments necessary for high precision measurements,
 ---pagebreak--- 16. 6. 90                                  Official Journal of the European Communities                                          No C 148/47
               — development of transfer standards,
               — preparation and certification of reference materials,
               — storage and distribution of reference materials,
               — support for the setting-up at Community level of interlaboratory circuits for quality assurance,
               — research grants in subjects covered by the programme,
               — exchange and training of scientists in subjects covered by the programme, taking into account the needs of
                   the Member States that wish to improve their capabilities in these fields,
               — dissemination of the results of the projects,
               — well-targeted advertising of the reference materials and promotion of their sale.
                                                                 ANNEX B
                                                         FINANCIAL PROVISIONS
                                                                  Article 1
          The amount estimated as necessary to carry out the Community programme shall be ECU 59 200 000.
                                                                  Article 2
          Switzerland's financial contribution for the execution of the Community programme is estimated to be
          ECU 1 735 810.
                                                                  Article 3
          The timetable of the commitment estimates and of Switzerland's financial contribution is given as follows:
          Timetable of the commitments estimated as necessary for the execution of the Community programme
                                    (commitment appropriations) and of Switzerland's contribution
                                                                                                                            (ECU)
                                             Commitments for                              Switzerland's contribution
               Year          Management                                      Management
                            administrative       Contracts         Total     administrative       Contracts           Total
                               operation                                       operation
          1988                2  530  150        3 507  850      6 038   000
          1989                3  480  500       10 019  500     13 500   000    65  085            187   365        252 450(*)
          1990                4  050  000       11 250  000     15 300   000   151  470            420   750        572 220
          1991                4  200  000       10 200  000     14 400   000   157  080            381   480        538 560
          1992                4  300  000        5 662  000      9 962   000   160  820            211   760        372 580
          Grand total        18 560 650        40 639 350       59 200 000     534 455           1 201 355        1 735 810
          (*) Contribution for the period 1 July to 31 December 1989.
 ---pagebreak--- No C 148/48                                Official Journal of the European Communities                                             16. 6. 90
                                                                 ANNEX C
                                                           FINANCING RULES
                                                                   Article 1
          These provisions lay down the financing rules for Switzerland 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 Community shall send to Switzerland 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 Swiss currency, the composition of the ecu being
          defined in Council Regulation (EEC) No 3180/78 (1). The value in Swiss currency of the contribution in ecus shall
          be determined on the date of the call for funds.
          Switzerland shall pay its contribution of the annual costs under the Agreement at the beginning of each year and at
          the latest three months after the call for funds is send. Any delay in the payment of the contribution shall give rise to
          the payment of interest by Switzerland at a rate equal to the highest discount rate in force in the Member States of
          the Community on the due date. The rate shall be increased by 0,25 of a percentage point for each month of
          delay.
          The increased rate shall be applied to the entire period of delay. However, this interest shall be payable only if the
          contribution is paid more than three months after a call for funds has been made by the Commission.
          Travel costs of Swiss 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 84/338/Euratom, ECSC, EEC.
                                                                   Article 3
           The funds paid by Switzerland 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 Switzerland for information.
           (') OJ No L 379, 30. 12. 1978, p. 1.