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RS 0.420.518.03 Agreement of 19 December 1989 between the Swiss Confederation and the European Economic Community establishing cooperation in the field of training in the context of the implementation of Comett II (1990-1994) (with annexes)

Original Language Title: RS 0.420.518.03 Accord du 19 décembre 1989 entre la Confédération suisse et la Communauté économique européenne instituant une coopération en matière de formation dans le contexte de la mise en oeuvre de Comett II (1990-1994) (avec annexes)

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0.420.518.03

Original text

Agreement

Between the Swiss Confederation and the European Economic Community establishing cooperation on training in the context of the implementation of COMETT II (1990-1994)

Conclu December 19, 1989
Entered into force by exchange of notes on 1 Er April 1990

The Swiss Confederation, hereinafter referred to as "Switzerland", and the European Economic Community, hereinafter referred to as "the Community",

Hereinafter referred to as "Contracting Parties",

Whereas, by its decision of 16 December 1988, the Council of the European Communities, hereinafter referred to as 'the Council', adopted the second phase of the programme of cooperation between universities and undertakings in the Community in respect of Technology training, hereinafter referred to as "COMETT II";

Having regard to the mutual interest of the contracting parties to cooperate in this field, in the context of the wider cooperation between the Community and the EFTA countries in the field of education and training;

Whereas, in particular, cooperation between the Community and Iceland with a view to pursuing the objectives set for COMETT II is likely to enrich the impact of the COMETT II actions and thereby increase the level of qualification of the Human resources in the Community and Switzerland;

Whereas the Contracting Parties hope therefore to derive a mutual benefit from the participation of Switzerland in COMETT II,

Have agreed to disp O The following:

Art. 1

Cooperation shall be established between the Community and Switzerland in the field of technology training in the context of the implementation of COMETT II. The synthesis of the COMETT II programme and its objectives are set out in Annex I.

Art. 2

Switzerland participates in a series of measures to promote cooperation between universities and Swiss companies, on the one hand, and universities and Community enterprises, on the other hand, on initial and continuing training Technologies, particularly in the context of COMETT II.

Art. 3

For the purposes of the agreement, the term "university" is used in the general sense to refer to all types of post-secondary education and training institutions which provide, in the context of initial and/or continuing education, qualifications Or titles of this level, irrespective of their respective names in the Contracting Parties; the term "enterprise" is used to refer to all types of economic activity, both large and small and medium-sized enterprises, Regardless of their legal status and the modes of application of the new Technologies. Also included under this term are autonomous economic organisations, in particular the Chambers of Commerce and Industry and/or their equivalents, professional associations, as well as organisations representing employers and Workers.

Art. 4

For the different parts of COMETT II, the participation of "universities" and "enterprises" of Switzerland in COMETT II activities and projects shall be subject to the following conditions and rules:

1. Component A: Development of University-Business Associations for Training (AUEF)

The content and objectives of this component are set out in Annex I, point 4 under A (A-European Network).

Switzerland and the Swiss authorities may, on the same basis and under the same conditions as the Member States and the bodies of the Community, benefit from the various measures referred to above.

However, with respect to the SWFs sector, the following conditions apply:

(i)
As promoters of projects, universities and companies in Switzerland can submit applications for financial support only for the creation of a sectoral AUEF bringing together organisations from at least two Community Member States. These projects may also include partner organisations from other EFTA countries which have signed a cooperation agreement for COMETT II;
(ii)
As participants in projects, universities and enterprises in Switzerland may be members of a sectoral AUEF established by universities and/or enterprises of a Member State of the Community, provided that the project concerned Meet the eligibility requirements for this type of project, even without the participation of an EFTA partner. Universities and companies in Switzerland may also participate in projects whose promoters are universities and/or companies from other EFTA countries which have signed a cooperation agreement for COMETT II, provided that these Projects satisfy the condition that organisations from at least two Community Member States participate in the project.

2. Strand B: Transnational exchanges

The content and objectives of this component are set out in Annex I, point 4, under B (B-transnational exchanges).

Under this Agreement, COMETT can only support two-way exchanges between Switzerland and a Member State of the Community.

Universities and/or companies in Switzerland may submit applications for financial support only for the sending and/or hosting of students and/or staff in companies and/or universities in the Member States of the Community.

Universities and/or undertakings of a Member State of the Community may submit applications for financial support only for sending and/or hosting students and/or staff in companies and/or universities in Switzerland.

Trade between two EFTA countries does not benefit from any subsidies under COMETT II.

3. Component C: Joint projects for continuing education in technologies, in particular advanced technologies, and multimedia distance education

The content and objectives of this component are set out in Annex I, point 4, under C (C-Joint continuing training projects for technologies, in particular advanced technologies, and multimedia distance training).

As promoters of projects, universities and companies in Switzerland can submit applications for financial support only for joint projects involving organisations from at least two Community Member States. These projects may also include partner organisations from other EFTA countries which have signed a cooperation agreement for COMETT II.

As participants in projects, universities and companies in Switzerland may participate in a joint project of which the promoter is a university or a business of a Member State of the Community, provided that the project concerned Meet the eligibility requirements for this type of project, even without the participation of an EFTA partner.

Universities and enterprises in Switzerland may also participate in projects of which the promoter is a university or a company of another EFTA country which has signed a cooperation agreement for COMETT II, provided that these projects Satisfy the condition that organisations of at least two Member States of the Community participate.

4. Component D: Complementary promotion and support measures

The content and objectives of this component are set out in Annex I, point 4, under D (D-additional promotion and support measures).

Switzerland participates in the information system of COMETT II, in particular by cooperating in the establishment of a national information centre COMETT on its territory.

Switzerland and the Swiss authorities may be entitled to the same title and under the same conditions as the Member States and the bodies of the Community to the various measures mentioned above.

Art. 5

The financial contribution of Switzerland in respect of its participation in the COMETT II programme shall be calculated in proportion to the amount recorded each year in the general budget of the European Communities for commitment appropriations under the COMETT programme II.

The distribution key governing the contribution of Switzerland shall be determined by the ratio of its gross domestic product (GDP) to market prices and the sum of the gross domestic product, at market prices, of the Member States of the Community and of the Switzerland. This ratio is calculated each year on the basis of the latest OECD statistics.

The financial provisions relating to the estimated amount necessary for the implementation of the COMETT II programme in the Community, net of any contribution from the EFTA countries, are set out in Annex II.

The rules governing Switzerland's contribution to the development of the COMETT II programme are set out in Annex III.

Art. 6

Subject to the specific requirements of Article 4 concerning the participation of universities and enterprises in Switzerland, the terms and conditions for the submission and evaluation of proposals/projects and the terms and conditions of grant And conclusions of contracts under the COMETT II programme shall be those applicable to the universities and undertakings of the Community. The contracts established by the Commission shall indicate the rights and obligations of universities and enterprises in Switzerland and, in particular, methods of dissemination, protection and exploitation of the results of training projects.

Art. 7

1. A Joint Committee shall be established.

The Committee shall deliver opinions on the following points:

(a)
To the extent that they are of interest to the participation of universities and enterprises in Switzerland: the general guidelines for the COMETT II programme; the general guidelines for the financial support to be provided under the programme COMETT II; questions concerning the general balance of the COMETT II programme, including the breakdown between the different types of action;
(b)
The different types of projects described in Annex I.

With regard to the matters referred to in paragraph 2 (a) and (b), the representative of the Community shall refer the matter to the Committee.

The representative of the Community shall take the appropriate measures to ensure coordination between the implementation of this Agreement and the decisions taken by the Community for the implementation of COMETT II.

5. The Committee shall be responsible for all other matters concerning the management of the Agreement and shall ensure its proper application. To this end, it makes recommendations.

6. For the proper implementation of the Agreement, the Contracting Parties shall exchange information and, at the request of either, shall consult within the Committee.

The Committee shall adopt its rules of procedure.

8. The Committee shall comprise representatives of the Community, on the one hand, and representatives of Switzerland, of the other part.

9. The Committee shall act by mutual agreement.

The Committee shall meet, at the request of either Contracting Party, in accordance with the conditions laid down in its rules of procedure.

Art. 8

All decisions concerning the selection of the different types of projects described in Annex I shall be taken by the Commission of the European Communities.

Art.

The Commission shall ensure that the group of experts advising the Commission in the implementation of the COMETT II programme is composed in such a way that it can provide the necessary advice with regard to the participation of universities and Enterprises in Switzerland.

Art. 10

The Contracting Parties shall endeavour to facilitate the freedom of movement and residence of students and staff taking part in Switzerland and the Community in activities covered by the Agreement.

Art. 11

In order to assist in the preparation of its annual report on COMETT II, as well as the interim and final evaluation reports, Switzerland shall send to the Commission a contribution describing the national measures taken by Switzerland in this regard. A copy of the annual reports and the interim and final evaluation reports shall be sent to Switzerland.

Art. 12

For the application procedure, the contracts, the reports to be submitted and the other administrative provisions concerning the COMETT II programme, the languages used are limited to the official languages of the Community.

Art. 13

This Agreement shall apply to the territories in which the Treaty establishing the European Economic Community is applicable and under the conditions laid down in that Treaty, on the one hand, and on the territory of Switzerland, of the other part.

Art. 14

This Agreement shall be concluded for the duration of the COMETT II programme.

If the Community carries out a review of the COMETT II programme, the agreement may be renegotiated or denounced. Switzerland shall be informed of the exact content of the revised programme within one week of its adoption by the Community. Within three months of the adoption of the decision by the Community, the Contracting Parties shall inform each other of their intention to renegotiate or terminate the Agreement. In the event of denunciation, the practical arrangements applicable to the undertakings in progress shall be the subject of negotiations between the contracting parties.

3. Any Contracting Party may request at any time a revision of the Agreement. To that end, it shall send a reasoned request to the other Contracting Party. The Contracting Parties may give a mandate to the Joint Committee to examine the application and, where appropriate, make recommendations to them, in particular with a view to the opening of negotiations.

Art. 15

This Agreement shall be approved by the Contracting Parties in accordance with the procedures in force for each of them. Provided that the Contracting Parties have notified the completion of the necessary procedures to that effect, it shall enter into force on 1 Er January 1990.

After that date, this Agreement shall enter into force on the first day of the month following the notification. However, if the notification has not taken place on 31 March of a year, the provisions of this Agreement shall not enter into force before 1 Er January of the following year.

Art. 16

This Agreement shall be drawn up in duplicate in the German, French, Italian, English, Danish, Spanish, Greek, Dutch and Portuguese languages, all texts being equally authentic.

Done at Brussels, on nineteen December, nine hundred and ninety-nine.

Annex I

The COMETT II programme consists of a series of transnational actions aimed at strengthening and encouraging cooperation between the university and the company in the European framework for initial and continuing training in technology, In particular, in response to technological change and social change, in the context of the completion of the internal market and the strengthening of economic and social cohesion.

These measures are aimed at persons in training, including those who have completed their initial training, as well as those in operation, including the social partners and the trainers concerned.

In the framework of the COMETT programme, projects which will benefit from Community assistance will be selected on the basis of their incentive and exemplary character and their contribution to the achievement of the objectives identified in Art. 3 of the decision.

The selection of projects in the various strands will take account of the evolution of the framework programme for research and technological development, with a view to promoting the training actions that would result from Community research, at the same time Avoiding duplication. It will also take into account the skills needs of companies and their highly qualified personnel, especially for small and medium-sized enterprises, as well as regions where university-business cooperation is still little Developed.

Priority will be given to new skills-oriented training, both in the advanced sectors and in the traditional sectors of application of these technologies, as well as in technology transfer and management.

3. Projects which will benefit from Community assistance will be selected from among the projects which:

(i)
Propose to develop an approach (in terms of content, mechanisms or interactions) which is new, not only for the universities and the undertakings concerned, but also for the Member States and for the Community as such;
(ii)
Are designed with a view to allowing a wide and effective dissemination of results not only in the Member States involved but more broadly in the Community;
(iii)
Are explicitly designed to stimulate similar developments elsewhere in the Community and to further promote their development in the universities and companies concerned.

4. The following measures will be implemented in the framework of COMETT II:

A. European Network

(a) The development and strengthening of university-business associations for training (AUEF) and the extension of the European network, both regional and sectoral, to further promote transnational cooperation, all Especially for:

(i)
Contribute to the identification of technological training needs and their resolution in liaison with relevant bodies;
(ii)
To assist and facilitate the development and operation of projects under the other components of the COMETT II programme;
(iii)
Strengthen inter-regional cooperation and transfers between Member States in the development of initial and continuing training of technologies, their applications and their transfer;
(iv)
Develop interactions in the form of sectoral transnational networks with projects under the various strands of the programme in the same training area.

(b) The Community shall provide financial support for activities with a European dimension and for the operation of the AUEFs. This lump sum contribution shall not exceed 50 % of the eligible costs. This support, by AUEF, will be degressive, with ceilings set respectively at ECU 70 000, ECU 60 000 and ECU 50 000 for the first three years. In certain duly substantiated exceptional cases, the Community contribution may exceed the three-year limit.

However, the additional expenditure of universities resulting from the preparation and implementation of joint training projects may, where appropriate, be financed by the Community up to 100 %.

(c) The activities to be undertaken under this component A shall not exceed 12 per cent of the total annual envelope allocated to the COMETT II programme, subject to, for this component and for the following components, any changes arising from the The progressive implementation of the programme.

B. Transnational exchanges

(a) Specific aid in order to promote, for the benefit of all Member States, transnational exchanges through the granting of grants:

(i)
Students who have a training period of three to twelve months in a company in another Member State. One of the important criteria for assessment in the selection of projects presented will be the commitment made by the university (within the meaning of Art. (2) the recognition of this period of training as an integral part of the training of the student, taking into account the specificity of the national education systems and their possibilities in this field;
(ii)
Persons who have completed their initial training, either enrolled in a university, post-graduation, and in the transition period prior to first employment, completing a period of training from six months to two years in a Enterprise of another Member State related to the implementation of an industrial development project within the enterprise;
(iii)
To the staff of universities and undertakings made available, respectively, to a company or a university of another Member State to bring to that enterprise or university their competences in order to enrich the activities of the Training and professional practices.

(b) The financial contribution of the Community shall be limited to the direct and indirect costs of the beneficiary's mobility, the costs of organising and monitoring the actions, and, where appropriate, the costs of the language preparation of the beneficiaries. This contribution shall not exceed a ceiling of ECU 6000 for 12 months per beneficiary under item (i), ECU 25 000 for twenty-four months for item (ii) and ECU 15 000 for 3 months for item (iii).

(c) The activities to be undertaken under this component will not exceed 40 per cent of the overall envelope allocated to the COMETT II programme.

C. Joint continuing training projects for technologies, including advanced technologies, and multimedia distance education

(a) Support for intensive short term training courses in technologies, particularly advanced technologies, with a European dimension for rapid dissemination-by and in universities and by companies-of research results and Development in the field of new technologies and their applications as well as to promote, in particular to small and medium-sized enterprises, the transfer of technological innovations in sectors where they have not yet Previously applied.

(b) Aid for the design, development and experimentation at European level of joint technology training projects, in particular advanced joint ventures by different companies in liaison with the universities concerned Of at least two different Member States of the Community in the fields of new technologies and their applications.

(c) Support for multilateral technology training schemes, in particular advanced joint ventures by different companies in liaison with relevant universities, aimed at implementing distance education systems Using new training technologies and/or leading to transferable training products.

(d) Support for the actions referred to in the preceding subparagraphs implemented by employers'and workers' organisations.

(e) In the selection of projects under the actions referred to in points (a) to (d), the Community shall pay particular attention to the projects:

(i)
Relating to technologies and their applications likely to have a significant impact on industrial development in the Community;
(ii)
Promoting the participation of small and medium-sized enterprises and responding to their needs;
(iii)
Oriented towards the training of personnel ensuring the development of innovation in the enterprise, including trainers;
(iv)
Combining academic and industrial partners from the less developed regions of the Community;
(v)
Active participation and financial support from companies in the project presented;
(vi)
Providing effective means for the use and dissemination in the Community of their results.

(f) The financial contribution of the Community shall be 50 % of the total expenditure incurred under the initiatives described in points (a) to (d). As a general rule, this contribution may not exceed ECU 30 000 per course for the actions under point (a) and ECU 500 000 per project for the total duration of the project for the actions under points (b) and (c). However, the additional costs of universities resulting from the preparation and implementation of joint projects for continuing training in advanced technologies and multimedia distance education may, where appropriate, be financed By the Community up to 100 %.

(g) The activities to be undertaken under this component will not exceed 40 per cent of the overall envelope allocated to the COMETT II programme.

D. Complementary promotion and support measures

(a) These measures include:

(i)
Support for preparatory actions, in particular for less developed regions, in particular in the form of visits and meetings, having as its potential objective either the development of transnational projects or enlargement to others Partners in existing projects;
(ii)
A structured exchange of information and experience, in particular by providing financial support to the COMETT information centres set up in each Member State with a view to promoting Community exchange, dissemination and facilitation activities The program;
Ii (bis)
The establishment of a database on COMETT projects and similar initiatives undertaken in the Member States;
Ii Ter )
The establishment of electronic messaging between projects and program partners;
Ii Cc ) A programme of events (conferences, colloquies, exhibitions, etc.) relating to COMETT II;
(iii)
An analysis and monitoring of the skills requirements required by industry at Community level and the resulting training in the face of new technologies and their applications, in particular by operating within the framework of COMETT II Conducted elsewhere;
(iv)
A better mutual understanding of the obstacles hindering the development of transnational cooperation between the university and higher education institutions and enterprises in the field of training in order to strengthen this Cooperation;
(v)
Ongoing evaluation of COMETT II as it is implemented, as well as technical and logistical support for the implementation of the program.

B) The Community financial contribution for these accompanying measures may be up to 100 % of the actual expenditure incurred under these initiatives.

(c) The activities to be undertaken under this strand D will not exceed 8 % of the overall envelope allocated to the COMETT II programme.


Status November 5, 1999

Annex II

Financial Annex

Art. 1

The net amount of any contribution from the EFTA countries deemed necessary for the implementation of the COMETT II programme in the Community and fixed by the COMETT decision of 16 December 1988 amounts to ECU 200 million for the period of 1 Er January 1990 to December 31, 1994.

Art. 2

The resources allocated to the COMETT II programme are in line with the financial perspectives of the Community and their development. The volume of appropriations actually available each year is adopted during the Community budgetary procedure.

Art. 3

Before the start of each year, the Commission shall inform Switzerland of the amount of the appropriations available for that year under the COMETT II programme. The Commission shall inform Switzerland of any change in this amount during the year.


Annex III

Financial rules

Art. 1

The current Financial Regulation applicable to the general budget of the European Communities shall apply, in particular for the management of appropriations.

Art. 2

At the beginning of each year or whenever the COMETT II programme is the subject of a revision entailing an increase in the amount deemed necessary for its implementation, the Commission shall send to Switzerland a call for funds corresponding to its Contribution to costs under the agreement.

This contribution shall be expressed in ecus and paid in ecus to a bank account of the Commission.

Switzerland shall pay its contribution to the annual costs under the agreement in accordance with the call for funds and no later than three months after its notification. Any delay in the payment of the contribution shall result in the payment of interest by Switzerland on the balance owing by the due date. The interest rate is that applied by the FECOM, for the month of the due date, to its operations in ecus 1 , plus 1.5 percentage points.


1 Rate published each month in the C series of the Official Journal of the European Communities.



RO 1990 730


Status November 5, 1999