0.420.519.19 original cooperation agreement between the Swiss Confederation and the Community European economic relative to a program of research and development for the community economic community in the field of applied metrology and chemical analysis (BCR) concluded on 8 May 1991 entered into force by Exchange of notes on 8 May 1991 Confederation Swiss, hereinafter referred to as "Switzerland". , and the European economic community, hereinafter referred to as "contracting parties", considering that, by decision 88/418/EEC, the Council of the European communities, hereinafter referred to as "Council", adopted a programme of research and development for the European economic community in the field of applied metrology and chemical (1988 to 1992) analysis (BCR), hereinafter referred to as '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 to the Community programme can contribute to the strengthening of the research carried out by the contracting parties in the field of applied metrology and chemical analysis and can avoid unnecessary duplication;
Considering that the contracting parties expect mutual benefit from the association of Switzerland to the community program, have agreed to the following: art. 1. the Switzerland is associated by this agreement, from July 1, 1989, the implementation of the Community programme described in Appendix A.
Art. 2. the financial contribution of the Switzerland as a result of its association with the implementation of the Community programme is fixed in proportion to the amount available each year in the general budget of the European communities for commitment appropriations to meet the liabilities of the Commission of the European communities, hereinafter referred to as 'Commission', as a result of the work to be performed under contracts of research cost-sharing needed to implement the Community programme as well as expenses for management and operation of the said program.
The coefficient of proportionality applied to the Switzerland's contribution is obtained by establishing the ratio between the gross domestic product (GDP) of Switzerland, at market prices, and the sum of gross domestic products, at the price of the market, Member States of the community and the Switzerland. This report is calculated on the basis of the latest statistical data from the Organization for cooperation and development (OECD).
The estimated amount necessary to achieve the community program, the amount of the contribution of the Switzerland and timing of the commitment estimates are presented in Appendix B.
The rules governing the financial contribution of Switzerland to the implementation of the Community programme are presented in Appendix C.
Art. 3. for researchers and research organizations and Swiss development, the terms and conditions of the presentation and the evaluation of proposals for research, as well as the terms and conditions of the granting and conclusion of contracts under the Community programme are the same as those that apply to researchers and research and community development organizations.
Contracts, established by the Commission, define the rights and obligations of researchers and organizations research and Swiss development and, in particular, methods of dissemination, protection and exploitation of the results of the research.
Art. 4. the Commission is responsible for the implementation of the Community programme.
She is assisted in its task by the Advisory Committee for management and coordination (GSC) (norms and standards science and technology), hereinafter called 'Committee', set up by decision 84/338/Euratom, ECSC, EEC of the Council.
The Committee is expanded to include two representatives designated by Switzerland, who may be assisted or replaced by a Swiss expert. These people going to the work of the Committee, which meets in a variable composition to accomplish tasks related to the community program.
Art. 5. at the end of 1990, the Commission shall communicate to the European Parliament, the Council and the economic and social Committee a report based on an assessment of the results already achieved. She attached to report any proposed change which may prove necessary in the light of these results. It transmits a copy of this report, as well as any proposals of modification to the Switzerland.
Art. 6. each Contracting Party undertakes, in accordance with its own provisions and regulations, to facilitate the movement and residence of participating researchers, in Switzerland and in the community, the activities covered by this agreement.
Art. 7. the Commission and the Swiss federal Council ensure the implementation of this agreement.
Art. 8. this agreement applies, on the one hand, to the territories where the Treaty establishing the European economic community is applicable, under the conditions provided by that Treaty and, on the other hand, to the territory of the Swiss Confederation.
Art. 9-1. This agreement is concluded for the duration of the community program.
If the community revises the community program, the agreement may be renegotiated or terminated on terms accepted by mutual agreement. The precise content of the revised program is notified to the Switzerland in the week following its adoption by the community. The contracting parties will notify within three months following the adoption of the decision of the community any proposed termination of the agreement.
2. where the Community adopts a new program of research and development in the field of applied metrology and chemical analysis, this agreement may be renegotiated or renewed on terms accepted by mutual agreement.
3. subject of the by. 1, one or the other of the contracting parties may at any time terminate the agreement with a notice period of six months. Projects and ongoing work upon termination and/or expiration of this Agreement continued until their completion under the conditions laid down in this agreement.
Art. 10. annexes A, B and C attached to this agreement are an integral part of the latter.
Art. 11. this agreement is approved by the contracting parties in accordance with the procedures in force for each of them.
It comes into force on the date on which the contracting parties notify each other the fulfillment of the procedures necessary for this purpose.
Art. 12. this agreement is drafted in duplicate in languages German, French, Italian, English, Danish, Spanish, Greek, Dutch and Portuguese, each of these texts being equally authentic.
Done at Brussels, on may eight thousand nine hundred and ninety-one.
Annex A Community Programme in the field of applied metrology and analysis chemical (1988 to 1992) (BCR) the goal of the program is to improve the reliability of chemical analysis and physical measures (applied Metrology), in order to achieve consistent results in all the Member States.
Projects will be selected according to their priority for the community, from the point of view of the economy, the environment or public health.
Priority areas are the following: has) analyses in the field of food and agriculture, in particular:-livestock-related analyses (foods, hormones, antibiotics, etc.) and quality of cereals, fruits and vegetables,-analyses of the quality of food products processed (nutritional properties, dangerous substances, bacterial contamination);
(b) environmental analyses, in particular: - determination of traces of dangerous compounds in different biological environments, - determination of air pollutants in the workplace, - mutagenic character of chemical substances;
(c) biomedical, and priority analysis: - determination of enzymes and hormones (in the human serum), - hematologic tests (for example, coagulation (read blood), - analyses related to cardiovascular disease, - analysis of tumor markers and drugs in the human body;)
((d) analysis of metals (essentially non-ferrous) and on the surface of materials; e) applied metrology. The focus will be on measures and the calibration of the most important parameters for the test laboratories and industrial laboratories, especially in view of the quality controls. Topics will include in particular:
-the mechanical and dimensional metrology (in particular measures which are more necessary for the control of automatic machines), as well as the characterization of the surface States, - mechanical sizes, such as strength and pressure, - the study of performance and precision of the new instruments of measure of temperature -, the improvement of optical measurements in the visible radiation ranges ultraviolet and infrared, as well as in the field fiber optics and lasers, - measures the electric quantities, especially in high frequency -, acoustic measures, particularly regarding soundproofing, - measures related to ultrasound -, flow of liquids and gases,-methods of measurement of physical properties of materials, such as the thermal conductivity , viscosity, etc.,-methods for the determination of the mechanical properties of metals (the work will concern only the methods needed to determine these properties of accurately and will not be to characterize materials),-the improvement of technological measures carried out in the industry.
The program includes the following activities: - the execution of programmes of measures involving the collaboration of laboratories in several Member States (intercomparisons), - the improvement of the methods of measurement and analysis -, the improvement of the necessary instruments for high accuracy measurements, - the development of transfer standards, - the preparation and certification of reference materials, storage and distribution of reference materials -help to create, at Community level, of interlaboratory circuits to ensure quality, - granting research awards for subjects under the program - the Exchange and training of scientific personnel for the subjects under the programme, account according to the needs of Member States wishing to improve their skills in these areas,-dissemination of the results of the projects -a well targeted reference materials advertising and promoting their sale.
State November 5, 1999 Appendix B provisions financial art. 1. the estimated amount necessary to achieve the community program is 59 200 000 ECU.
Art. 2. the estimated amount of the financial contribution of Switzerland to the implementation of the Community programme is 1 735 810 ECU.
Art. 3. the schedule of commitment and of the financial contribution from the Switzerland estimates is presented in the following table.
Calendar of commitments deemed necessary to achieve the Community programme (commitment appropriations) and the contribution of Switzerland (ECU) year commitments to Contribution of Switzerland management and operation contracts Total management and operation contracts 1988 2 530 150 3 507 850 6 038 000 Total - 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 total general 18 560 650 40 639 350 59 200 000 534 455 1 201 355 1 735 810 Contribution for the period from l July to 31 December 1989.
Annex C rules of rinancement art. 1 this annex sets out the rules governing the financial contribution of the Switzerland referred to in art. 2 of the agreement.
Art. 2. at the beginning of each year, or when the community program is being a review involving an increase in the estimated amount required for its implementation, the Commission addresses to the Switzerland a call for funds corresponding to its participation fee under the agreement.
This contribution is expressed both in ecus and in the currency of the Switzerland, the composition of the ecu being defined by Regulation (EEC) n 3180/78 of the Council. The Swiss currency of the contribution in ECU value is determined at the date of the call for funds.
The Switzerland makes the payment of its contribution to the annual fees provided for in the agreement at the beginning of each year and at the latest three months after the call for funds is sent. Any delay in payment gives rise to the payment by the Switzerland of interest whose rate is equal to the discount rate highest applied in the Member States of the community on the day of the deadline. The rate is increased by 0.25 points each month of delay.
The rate is applicable to the entire period of delay. However, this interest be due if payment is made more than three months after a call for funds is sent by the Commission.
Travel costs incurred by representatives and Swiss experts on the occasion of their participation in the work of the Committee referred to in art. 4 of the agreement are 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 decision 84/338/Euratom, ECSC, EEC of the Council.
Art. 3. funds provided by the Switzerland are carried to the credit of the community program as budgetary revenue allocated to a position provided for in the statement of revenue of the general budget of the European communities.
Art. 4. the financial regulation applicable to the general budget of the European communities applies to the management of the appropriations.
Art. 5. at the end of each year, a situation of appropriations relating to the Community programme is established and transmitted to Switzerland for information.
RO 1993 2582 RS 0.420.518 State on November 5, 1999