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AGREEMENT

between the European Economic Community and the Swiss Confederation on a concerted-action project in the field of automated and analytical cytology

THE EUROPEAN ECONOMIC COMMUNITY,

hereinafter referred to as 'the Community',

of the one part, and

THE SWISS CONFEDERATION,

of the other part,

WHEREAS a European concerted-action research project in the field of automated and analytical cytology is likely to contribute effectively to the attainment of an optimum level of individual and public health;

WHEREAS, by its Decision of 17 August 1982, the Council of the European Communities adopted a sectoral research and development programme in the field of medical and public health research - concerted action (1982 to 1986) which includes a concerted action project in the field of automated and analytical cytology;

WHEREAS the Member States of the Community and the Swiss Confederation, hereinafter referred to as 'the States', intend, pursuant to the rules and procedures applicable to their national programmes, to carry out all or part of the research described in Annex A and are prepared to integrate such research within a framework of coordination which they consider will be of mutual benefit;

WHEREAS the estimated cost of the research described in Annex A to be conducted by the States amounts to 27 million ECU,

HAVE AGREED AS FOLLOWS:

Article 1

The Community and the Swiss Confederation, hereinafter referred to as 'the Contracting Parties', shall participate for a period from 1 January 1984 to 31 December 1986 in a concerted-action project in the field of automated and analytical cytology.

This project shall consist in the coordination of the Community's concerted-action programme with that of the Swiss Confederation.

The research covered by this Agreement is described in Annex A.

The States shall remain entirely responsible for the research conducted by their national institutes or bodies.

Article 2

The Commission of the European Communities, hereinafter referred to as 'the Commission', shall be responsible for the coordination activities.

It shall be assisted in the execution of this task by a Project Leader.

Article 3

In order to facilitate the implementation of the project, the General Action Committee and the relevant Concerted Action Committee set up by the Decision of the Council of the European Communities of 17 August 1982 shall be enlarged to include the Swiss Confederation for the purpose of all activities arising from the concerted-action project covered by this Agreement.

The terms of reference of these enlarged committees are defined in Annex B.

The secretarial services for these enlarged committees shall be provided by the Commission.

Article 4

The estimated financial contribution of the Contracting Parties to the coordination costs for the period referred to in Article 1 shall be:

- 480 000 ECU from the Community,

- 48 000 ECU from the Swiss Confederation.

The ECU is defined in the Financial Regulation applicable to the general budget of the European Communities and in the financial provisions adopted pursuant to that Regulation.

The rules governing the financing of the Agreement are set out in Annex C.

Article 5

The States and the Commission shall periodically exchange all relevant information concerning the execution of the research covered by this Agreement. The States shall provide the Commission with all the information necessary for coordination purposes. They shall also endeavour to provide the Commission with information on similar research planned or carried out by bodies which are not under their authority. Any information will be treated as if the State which supplies it so requests.

On completion of the programme, the Commission, after having consulted the enlarged General Committee, shall send to the States a consolidated report on the implementation and results of the programme, particularly so that the results obtained may be accessible as rapidly as possible to the undertakings, institutions and other parties concerned, especially in the social area. Article 6

1. This Agreement shall enter into force on the day of its signature.

2. For a period of 12 months following its entry into force, this Agreement shall be open for accession by other European States which took part in the Ministerial Conference held in Brussels on 22 and 23 November 1971. The instruments of accession shall be deposited with the General Secretariat of the Council of the European Communities.

A State which accedes to this Agreement shall become a Contracting Party within the meaning of Article 1 on the date on which the instrument of accession is deposited, and the references to 'the Swiss Confederation' which appear in this Agreement shall be construed as references to the acceding State also. Each acceding State shall contribute to the coordination costs under the conditions set out in Article 4 in reference to the Swiss Confederation.

3. The Secretary-General of the Council of the European Communities shall inform each of the Contracting Parties of the deposit of the instruments of accession referred to in paragraph 2.

Article 7

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, to the territory of the Swiss Confederation.

Article 8

This Agreement, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish languages, each text being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities, which shall transmit a certified copy to each of the Contracting Parties.

ANNEX A

RESEARCH COVERED BY THE AGREEMENT

1. Sampling, preparation and staining of cells

2. Analysis systems:

- system and data acquisition

- data processing

3. System evaluation and establishment of specimen bank

4. New clinical applications.

ANNEX B

TERMS OF REFERENCE OF THE ENLARGED COMMITTEES

I. The enlarged General Action Committee

1. The General Committee shall:

- contribute to the best possible implementation of the programme by giving its opinion on all its aspects,

- endeavour to integrate those parts of national research activities covered by the Agreement into a process of coordination between the Contracting Parties,

- within the limits of the programme as defined in Annex A to the Agreement, coordinate the activities, duration, and where appropriate, early termination of the projects forming the research areas of this programme, according to emerging needs or the results of periodical evaluations,

- indicate guidelines to the enlarged Concerted Action Committee,

- advise the Commission on allocation of funds for coordination purposes, supporting centralized facilities, meeting urgent needs in critical areas, and undertaking exploratory activities in view of the preparation of future programmes.

2. The reports and opinions of the enlarged General Committee shall be forwarded to the Contracting Parties. The Commission shall forward these opinions to the Committee for Scientific and Technical Research (CREST).

II. The Enlarged Concerted Action Committee

1. The Committee shall:

- assist the enlarged General Committee in its management tasks by ensuring the scientific and technical execution of all those projects assigned to it in accordance with its competence,

- evaluate the results and draw conclusions as regards their application,

- be responsible for the exchange of information referred to in the first paragraph of Article 5 of the Agreement,

- keep abreast of national research being done in the field of the projects and, more especially, of scientific and technical developments likely to affect their execution,

- suggest guidelines to the Project Leader.

2. The Committee's reports and opinions shall be forwarded to the enlarged General Committee and to the Commission.

3. The Project Leader shall attend the meetings of the Committee but shall not have the right to vote.

ANNEX C

FINANCING RULES

Article 1

This Annex lays down the financial rules referred to in Article 4 of the Agreement.

Article 2

When the Agreement enters into force, the Commission shall send to the Swiss Confederation a call for funds corresponding to the amount laid down in Article 4 of the Agreement.

This contribution shall be expressed both in ECU and in the currency of the Swiss Confederation, the value of the ECU being defined in the Financial Regulation applicable to the general budget of the European Communities and determined on the date of the call for funds.

The total contributions shall cover the travel and subsistence costs of the delegates to the Committee, in addition to the coordination costs proper.

The Swiss Confederation shall pay its contribution to the costs under the Agreement at the latest three months after the issue of the call for funds by the Commission. Any delay in the payment of the contribution shall give rise to the payment of interest by the Swiss Confederation at a rate equal to the highest discount rate obtaining in the States 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.

Article 3

The funds paid by the Swiss Confederation shall be credited to the concerted-action project as budget receipts allocated to a heading in the statement of the revenue of the general budget of the European Communities (Commission section).

Article 4

The provisional timetable for the coordination costs referred to in Article 4 of the Agreement is appended hereto.

Article 5

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

Article 6

At the end of each financial year, a statement of appropriations for the concerted-action project shall be prepared and transmitted to the Swiss Confederation for information.

APPENDIX

PROVISIONAL TIMETABLE FOR THE COORDINATION COSTS RELATING TO THE CONCERTED-ACTION PROJECT IN THE FIELD OF AUTOMATED AND ANALYTICAL CYTOLOGY

BUDGET ITEM 7325 - MEDICAL RESEARCH

(in ECU)

1.2,3.4,5.6,7.8,9 // // // // // // // 1984 // 1985 // 1986 // TOTAL // // // // 1.2.3.4.5.6.7.8.9 // // CA // PA // CA // PA // CA // PA // CA // PA // // // // // // // // // // 1. Initial estimate of overall requirements: // // // // // // // // // - Staff // - // - // - // - // - // - // - // - // - Administrative operating expenditure // 22 000 // 22 000 // 22 000 // 22 000 // 22 000 // 22 000 // 66 000 // 66 000 // - Contracts // 138 000 // 138 000 // 138 000 // 138 000 // 138 000 // 138 000 // 414 000 // 414 000 // TOTAL // 160 000 // 160 000 // 160 000 // 160 000 // 160 000 // 160 000 // 480 000 // 480 000 // (to be covered by appropriations entered under Item 7325) // // // // // // // // // // // // // // // // // // 2. Revised estimate of expenditure taking into account additional requirements arising from the accession of the Swiss Confederation // // // // // // // // // - Staff // - // - // - // - // - // - // - // // - Administrative operating expenditure // 22 000 // 22 000 // 22 000 // 22 000 // 22 000 // 22 000 // 66 000 // 66 000 // // 2 200 // 2 200 // 2 200 // 2 200 // 2 200 // 2 200 // 6 600 // 6 600 // - Contracts // 138 000 // 138 000 // 138 000 // 138 000 // 138 000 // 138 000 // 414 000 // 414 000 // // 13 800 // 13 800 // 13 800 // 13 800 // 13 800 // 13 800 // 41 400 // 41 400 // // // // // // // // // // NEW TOTAL // 160 000 // 160 000 // 160 000 // 160 000 // 160 000 // 160 000 // 480 000 // 480 000 // // 16 000 // 16 000 // 16 000 // 16 000 // 16 000 // 16 000 // 48 000 // 48 000 // // // // // // // // // // 3. Difference between 1 and 2 to be covered by the contribution from the Swiss Confederation // 16 000 // 16 000 // 16 000 // 16 000 // 16 000 // 16 000 // 48 000 // 48 000 // // // // // // // // //

CA = Commitment appropriation.

PA = Payment appropriation.