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RS 0.424.17 Cooperation Agreement of 31 May 1994 between the Swiss Confederation and the European Atomic Energy Community in the field of radiation protection (with annexes)

Original Language Title: RS 0.424.17 Accord de coopération du 31 mai 1994 entre la Confédération suisse et la Communauté européenne de l’énergie atomique dans le domaine de la radioprotection (avec annexes)

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0.424.17

Original text

Cooperation Agreement between the Swiss Confederation and the European Atomic Energy Community in the field of radiation protection

Conclu in Brussels on 31 May 1994
Entered into force by exchange of notes on 29 July 1994

The Swiss Confederation, hereinafter referred to as "Switzerland" and the European Atomic Energy Community, hereinafter referred to as "the Community", hereinafter referred to as "the Contracting Parties",

Whereas the Community and Switzerland have concluded a framework agreement for scientific and technical cooperation which entered into force on 17 July 1987 1 ;

Whereas, by decision of 28 November 1991, the Council of the European Communities, hereinafter referred to as 'the Council', adopted a specific programme of research and teaching in the field of nuclear fission safety (1990-1994); that This programme covers an area 1 entitled 'Radiation Protection', hereinafter referred to as 'the Community subprogramme';

Whereas the association of Switzerland with the Community sub-programme may promote the improvement of the efficiency of the research carried out by the contracting parties in the field of nuclear fission safety and avoid duplication of work Unnecessary;

Whereas the Community and Switzerland expect to derive a mutual benefit from the association of Switzerland with the Community sub-programme,

Agreed to the following:

Art. 1

This Agreement shall involve Switzerland in the implementation of the Community subprogramme described in Annex A from 1 Er July 1992. The implementing rules for this sub-programme and the Community financial participation rate are set out in Annex B.

Art. 2

The financial contribution of Switzerland in respect of its association with the implementation of the Community subprogramme is fixed in proportion to the amount available each year in the general budget of the European Communities for appropriations Commitment to meet the financial obligations of the Commission of the European Communities, hereinafter referred to as "the Commission", resulting from the work to be carried out under the cost-shared research contracts necessary for Implement the Community sub-program, as well as management and Operation of the latter.

The proportionality factor applied to the contribution of Switzerland shall be equal to the ratio, at market prices, between the gross domestic product (GDP) of Switzerland and the sum of the gross domestic products of the Member States of the Community and of the Switzerland. This report is based on the latest available statistical data from the Organisation for Economic Co-operation and Development (OECD).

The estimated amount required for the implementation of the Community subprogramme, the amount of the contribution from Switzerland and the schedule of commitment estimates are set out in Annex C.

The rules governing Switzerland's financial contribution are set out in Annex D.

Art. 3

Swiss natural and legal persons working in the field of research and development benefit, for the presentation and evaluation of their research proposals and for obtaining and concluding contracts under the Community sub-programme, terms and conditions identical to those applicable to their Community counterparts, provided that the access rights to the results are limited to those resulting from contracts concluded under the sub-programme "Radiation Protection". In particular, the general provisions valid for research contracts concluded within the Community are, under this Article, applicable Mutatis mutandis Research contracts with Swiss natural and legal persons working in the field of research and development on all matters relating to taxation, customs duties and the exploitation of the results of the Research.

Art. 4

The Commission is responsible for the implementation of the Community subprogramme. It shall be assisted in this task by the Advisory Committee on Management and Coordination (GSC) for radiation protection which was established by Decision 84 /338/Euratom, ECSC, EEC of 29 June 1984 on the structures and procedures of Management and coordination of community research, development and demonstration activities.

The Committee is extended to two representatives nominated by Switzerland, who may be assisted or replaced by a Swiss expert. These persons participate only in the work of the committee which meets, in a variable composition, to carry out the tasks in the field 1 "Radiation protection" of the Community programme on the safety of nuclear fission.

Art. 5

In the second year of the implementation of the sub-programme, the Commission shall review it and submit a report on the results of this review to the European Parliament, the Council, the Economic and Social Committee and Switzerland; Is accompanied, if necessary, by proposals for amendment.

2. After the completion of the subprogramme, a group of independent experts shall assess the results on behalf of the Commission. The report of this group and the possible observations of the Commission shall be submitted to the European Parliament, the Council and the Economic and Social Committee and transmitted to Switzerland.

3. The reports referred to in s. 1 and 2 shall be established taking into account the objectives set out in Annex A.

Art. 6

Each Contracting Party undertakes, in accordance with its own provisions and regulations, to facilitate the movement and residence of researchers participating in the activities covered by this Agreement in Switzerland and the Community.

Art. 7

The Commission and the Federal Council shall ensure the implementation of this Agreement.

Art. 8

Annexes A, B, C and D to this Agreement shall form an integral part thereof.

Art.

This Agreement shall be concluded for the duration of the Community sub-programme, which expires on 31 December 1994.

If the Community reviews this sub-programme, this Agreement may be terminated on mutually agreed terms. The precise content of the revised programme shall be notified to Switzerland within the week following its adoption by the Community. The Contracting Parties shall notify, within three months of the adoption of the decision of the Community, any draft of the termination of this Agreement.

2. When the Community adopts a new research and development programme in the field of radiation protection, this Agreement may be renegotiated or renewed under mutually agreed terms.

3. Subject to the provisions of paragraph 1, either Contracting Party may at any time terminate this Agreement subject to six months' notice. The projects and works in progress at the time of termination or expiration of this Agreement shall be continued until their completion under the conditions it determines.

Art. 10

This Agreement shall be approved by the Contracting Parties in accordance with the procedures in force for each of them.

It shall enter into force on the date on which the Contracting Parties notify each other of the completion of the procedures necessary for that purpose.

Art. 11

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Atomic Energy Community is applicable and under the conditions laid down by that Treaty and, on the other hand, to the territory of the Swiss Confederation.

Art. 12

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

Done at Brussels, 31 May 1994.

Annex A

Objectives and scientific and technical content of the subprogramme

Radiation Protection

The objective is to obtain the scientific knowledge necessary for the objective assessment of radiation effects and risks and to identify methods for optimizing radiation protection. Research will be undertaken to define the extent of exposure and how natural, medical and industrial sources contribute to it, to study the health consequences, including the treatment of excessive exposures, And to evaluate comparatively and quantitatively the risks due to radiation for man and his environment.

This scientific knowledge is a prerequisite for the ongoing updating of the basic standards for the health protection of the population and of workers against the dangers arising from ionising radiation and Provide the scientific basis for continuous development of radiation protection concepts and practices.

This knowledge is also aimed at maintaining and improving the technical and regulatory aspects of the control of radiation protection and will assist the competent authorities in assessing the consequences for humans and their environment The long-term energy policy, the management of normal and emergency situations and the disposal of waste, and the objective of informing the public objectively of the dangers and benefits of radiation. The health risks presented by the decommissioning of the radioactivity containment systems in the event of serious accidents or of decommissioned facilities or at the end of their normal operation will be analysed.

Issues of concern about radiation and its effects, especially since the Chernobyl accident, and the more recent information on the estimated risks and extent of exposure to natural sources, Medical and industrial studies will be considered. Research will aim, in an increasingly complex environment, to reduce uncertainty in the assessment of risks resulting from reliable doses and/or reliable dose rates, by combining epidemiological data with those Resulting from various experimental approaches.

The risks associated with radon in homes will be assessed. Comparative studies taking into account relevant elements (geographical areas, building materials, lifestyles, etc.) will be undertaken. They will have to provide the elements that allow for effective and sustainable countermeasures to reduce population exposure. Research will be undertaken on the optimization of radiodiagnostic methods to reduce patient exposure. Management processes based on improved scientific information will be developed for the optimisation of radiation protection in the workplace.

Scientific methods will be developed to assess and better manage the consequences of nuclear emergencies in real conditions in order to optimize countermeasures, to limit the transfer to humans of contamination Radiation and to treat victims of accidental irradiations.

The resolution of the complex problems involved implies the need to integrate data from very diverse fields into a multidisciplinary approach addressing the following themes.

Human exposure to radiation and radioactivity

The objective is to develop the means for accurate and reliable measurement of radiation doses and to define the critical pathways of radioactivity in the environment and possible strategies to avoid transfer to The radionuclide man.

The behaviour of radionuclides in the environment will be studied, especially those of natural radionuclides and long-lived artificial radionuclides that can accumulate in natural or semi-natural ecosystems or be subjected to Chemical and biological changes. In addition, countermeasures capable of mitigating the consequences of radioactive contamination for humans and their environment will be examined.

Human effects of radiation exposure: assessment, prevention and treatment

The objective is to determine quantitatively the effects caused by low doses and/or low dose rates (stochastic effects), to develop means to assess and treat the effects of accidental irradiations (effects Non-stochastic) and evaluate their impact on the development of the organism.

A collaborative approach based on microdosimetry, biophysical modelling, molecular, cellular and animal studies and epidemiology will be implemented in order to understand the mechanisms that act and evaluate Risks of cancers and radio-induced genetic damage in humans through the use, inter alia, of comparative epidemiological studies and sampling in different areas.

It will greatly facilitate the interpretation of human epidemiological data and their extrapolation to low doses and/or dose rates.

The diagnosis and treatment of the effects of accidents leading to local or whole body irradiation or internal contamination by radionuclides will be improved through the study of the corresponding pathogenesis and application New molecular and cellular techniques. Work on the development of the body will focus on the brain effects of irradiation In utero , radio-induced cancers and the transfer of radionuclides to the fetus, infant and child.

Risks and management of radiation exposure

The objective is to assess the overall risks of human exposure to radiation and to develop methods for optimizing and managing radiological protection in normal and accidental situations.

Systematic data on exposure from natural, medical and industrial sources will be collected, with an emphasis on epidemiological investigations, including those exposed in their workplace or those exposed Additional natural radioactivity. Factors affecting the exposure of the population to radon in homes and possible countermeasures will be analyzed. The risks of irradiation will be placed in their real perspective thanks to a comparison with other risks.

The optimization of normal and accidental radiation protection will be studied in order to adapt it to the new core standards. Templates for the effects of accidental irradiations and emergency management processes will be refined. The radiodiagnostic exposure will be optimized through the development of quality assurance measures for medical imaging and analysis of the risks and benefits of the various methods.


Status November 5, 1999

Annex B

Implementing rules for the sub-programme and financial participation of the Community

The Commission shall implement the subprogramme on the basis of the objectives and scientific and technical content defined in Annex A.

2. The selection of projects must take account of the criteria listed in Annex III to Decision 90 /221/Euratom, EEC on the Framework Programme for Community Actions in Research and Technological Development (1990-1994), as well as the Objectives set out in Annex A to this Agreement.

The sub-program will be implemented primarily through cost-shared research projects. These projects shall be subject to contracts for research and technological development at cost-shared, with Community financial participation not normally exceeding 50 %. Universities and other research centres participating in shared-cost projects will have the opportunity, for each project, to request either 50 % of the total expenditure or 100 % of the marginal costs Additional.

The cost-shared research projects must be carried out by participants established in the Community or in Switzerland. These projects, which include universities, research organisations and industrial firms, including small and medium-sized enterprises, must involve at least two independent partners. On the other and established in different Member States. The corresponding contracts must, as a general rule, be awarded following a selection procedure based on calls for proposals published in the Official Journal of the European Communities.

3. The knowledge acquired in the course of the implementation of the projects shall be disseminated both within the subprogramme and through centralised action, in accordance with the decision referred to in Art. 4, para. 3, of Decision 90 /221/Euratom, EEC.


Status November 5, 1999

Annex C

Financial provisions

The estimated amount needed to carry out the Community sub-programme is ECU 41 140 000.

The financial contribution of Switzerland in respect of its association with this sub-programme shall be estimated at ECU 1 476 926; it shall be added, together with any other contributions from third countries, to the above amount, in accordance with the provisions of Art. 2 of this Agreement.

3. The indicative calendar of commitment appropriations for the subprogramme and the financial contribution of Switzerland is as follows:

(ECU)

Community Commitments

1992

1993

1994

Total

Management and Operations

2,120,000

2,870 000

2,900,000

7,890,000

Contracts

17,600,000

10,900,000

4 750 000

33 250 000

Total

19,720,000

13 770 000

7,650,000

41 140 000

Contribution of Switzerland

1992

1993

1994

Total

Management and Operations

77,693

70,000

147,693

Contracts

797 540

531 693

1,329 233

Total

875 233

601 693

1,476,926


Status November 5, 1999

Annex D

Financing Rules

1. This Annex sets out the rules governing the financial contribution of Switzerland referred to in Art. 2 of this Agreement.

At the beginning of each year, or where the Community sub-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 Participation in the costs of the agreement.

This contribution is expressed both in ECU and in Swiss currency, as the composition of the ECU is defined by Regulation (EEC) n O Council amended by Regulation (EEC) No 3180/78 O 1971/89. The value in Swiss currency of the ECU contribution shall be determined on the date of the call for funds.

Switzerland shall pay its contribution to the annual fees provided for in this Agreement at the beginning of each year and no later than three months after the sending of the call for funds. Any delay in the payment shall give rise to the payment by Switzerland of an interest whose rate is equal to the highest discount rate applied in the Member States of the Community on the day of the due date. This rate is increased by 0.25 percentage point per month of delay.

The premium rate is applicable for the entire delay period. However, the interest in delay is payable only if the payment is made more than three months after the sending of a call for funds by the Commission.

The travel expenses of Swiss representatives and experts in respect of their participation in the work of the Committee referred to in Art. 4 of this Agreement shall be reimbursed by the Commission in accordance with the procedures currently in force for representatives and experts of the Member States of the Community and, in particular, in accordance with Decision 84 /338/Euratom, ECSC, EEC Council.

5. The funds paid by Switzerland shall be credited to the Community sub-programme as budgetary revenue charged to the appropriate post in the statement of revenue of the general budget of the European Communities.

6. The Financial Regulation applicable to the general budget of the European Communities shall apply to the management of appropriations.

At the end of each year, a situation of the appropriations relating to the Community sub-programme shall be established and transmitted to Switzerland for information.


Status November 5, 1999