COOPERATION AGREEMENT between the European Economic Community and the Republic of Turkey in the field of medical and health research

THE EUROPEAN ECONOMIC COMMUNITY,

hereinafter referred to as 'the Community`,

and

THE REPUBLIC OF TURKEY,

hereinafter referred to as 'Turkey`,

both hereinafter referred to as 'the Contracting Parties`,

whereas by its Decision of 17 November 1987, the Council of the European Communities, hereinafter referred to as 'the Council`, adopted a research and development coordination programme of the Community in the field of medical and health research (1987 to 1991);

whereas comprehensive research and development activities in the field of medical and health research are carried out in Turkey;

whereas cooperation in the field of medical and health research is likely to contribute effectively to the attainment of an optimum level of individual and public health;

whereas the Member States of the Community and Turkey intend, in accordance with the rules and procedures applicable to their national programmes, to carry out the research described in Annex A and are prepared to integrate such research into a coordination process; whereas the Community and Turkey expect to obtain mutual benefit from Turkey's association with the Community programme,

HAVE AGREED AS FOLLOWS:

Article 1

The Contracting Parties shall cooperate for a period from 1 January 1990 to 31 December 1991 in the following research targets of the Community programme:

- medical technology development (Target II.1),

- health services research (Target II.2).

The research topics covered by this Agreement are outlined in Annex A.

The cooperation shall consist of the coordination of those activities which form part of the research programmes of Turkey and of the Community.

Turkey and the Member States of the Community shall remain entirely responsible for the research carried out by their national institutions or bodies.

Article 2

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

It shall be assisted in its task by the Management and Coordination Advisory Committee on Medical and Health Research, hereinafter referred to as the 'CGC`, set up by Decision 84/338/Euratom, ECSC, EEC. This CGC may be assisted by Concerted Action Committees (Comacs) composed of experts designated by the competent authorities of Member States of the Community.

The CGC, together with those Comacs relevant to the research targets referred to in Article 1, shall be enlarged to include two representatives designated by Turkey who may be assisted or replaced by one Turkish expert. These representatives and/or experts shall attend meetings of the CGC and those Comacs for all items relevant to these research targets.

Article 3

The estimated financial contribution from the Community for the implementation of the coordination activities covered by this Agreement shall be set according to the amount available each year in the general budget of the European Communities for appropriations covering commitments to meet financial obligations of the Commission relating to coordination costs and to management and operating expenditure.

The estimated financial contribution from Turkey for the same costs and expenditure shall be proportional to the Community's contribution. The proportionality factor shall be given by the ratio between Turkey's gross domestic product, at market prices, and the sum of gross domestic products, at market prices, of the Member States of the Community and Turkey. This ratio shall be calculated on the basis of the latest available OECD statistical data.

The total financial contributions from the Contracting Parties for the period referred to in Article 1 are estimated to amount to:

- ECU 18 500 000 from the Community,

- ECU 104 085 from Turkey.

The ECU is that defined by the Council Regulation (EEC) N° 3180/78 of 18 December 1978 changing the value of the unit of account used by the European Monetary Cooperation Fund, as amended by Regulation (EEC) N° 1971/89.

The rules governing the financial contribution from Turkey are set out in Annex B.

Article 4

During the course of its third year, the Commission shall evaluate the programme, having regard to the objectives of the research targets referred to in Article 1. As a result of this evaluation, the Commission may, after the CGC has been consulted, submit to the Council a proposal for a revision affecting some or all of the research targets. Turkey shall be informed of the results of this evaluation and of any possible revision.

Article 5

The Member States of the Community, Turkey and the Commission shall regularly exchange all useful information concerning the execution of the research subjects covered by this Agreement. The Member States of the Community and Turkey shall provide the Commission with all 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 shall be treated as confidential if so requested by the party which provides it.

On completion of the coordination activities covered by this Agreement, the Commission, in agreement with the CGC, shall send to the Member States of the Community, the European Parliament and Turkey a summary report on the implementation and results of the research.

Article 6

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 hand, to the territory of the Republic of Turkey.

Article 7

1. This Agreement is concluded for the period referred to in Article 1.

Should the Community revise the Community programme, the Agreement may be renegotiated or terminated under mutually agreed conditions. Turkey shall be notified of the exact content of the revised programme within one week after its adoption by the Community. The Contracting Parties shall notify each other within one month after the Community decision has been adopted if a termination of the Agreement is envisaged.

2. Whenever a decision on the Community programme is taken by the Community, Annexes A and B shall be amended in accordance with the Community's decision, unless otherwise agreed upon by the Contracting Parties.

3. Except as provided in paragraph 1, either Contracting Party may at any time terminate this Agreement with six months' notice.

Article 8

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

Article 9

This Agreement shall be approved by the Contracting Parties in accordance with their existing procedures.

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

Article 10

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

ANNEX A

RESEARCH TOPICS COVERED BY THE AGREEMENT

Target II.1 - Medical technology development

Area II.1.1. Diagnostic Methods and Monitoring

Area II.1.2.

Treatment and Rehabilitation

Area II.1.3.

Technical and Clinical Evaluation

Target II.2 - Health services research (¹)

Area II.2.1.

Research on prevention

Area II.2.2.

Research on care delivery systems

Area II.2.3.

Research on health care organization

Area II.2.4.

Health technology assessment

(¹) The following actions will be carried out through seminars, studies and exchange of personnel for training purposes:

- Evaluation of integrated non-communicable diseases prevention and control programmes (foreseen in Area II.2.1),

- Comprehensive community care of the mentally ill (foreseen in Area II.2.2),

- Health care planning and management (foreseen in Area II.2.3),

- Evaluation of clinical practice in hospitals (foreseen in Area II.2.3).

ANNEX B

FINANCING RULES

Article 1

These provisions lay down the financing rules for Turkey referred to in Article 3 of the Agreement.

Article 2

At the beginning of each year, or - in accordance with Article 7 of the Agreement - whenever the Community programme is revised so as to involve an increase in the amount estimated to be necessary for its implementation, the Commission shall send to Turkey a call for funds corresponding to its share of the annual costs under the Agreement.

This contribution shall be expressed both in ecus and in the Turkish currency. The value in Turkish currency of the contribution in ecus shall be determined on the date of the call for funds.

The travel costs of Turkish representatives and experts deriving from their participation in the work of the CGC and Comacs referred to in Article 2 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 Decision 84/338/Euratom, ECSC, EEC.

Turkey shall pay its contribution to the annual costs under the Agreement at the beginning of each year at the latest three months after the call for funds is sent. Any delay in the payment of the contribution shall give rise to the payment of interest by Turkey 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.

Article 3

The funds paid by Turkey shall be credited to the two research targets as budget receipts allocated to an appropriate heading in the statement of revenue of the general budget of the European Communities.

Article 4

The provisional timetable for the costs referred to in Article 3 of the Agreement are appended hereto.

Article 5

The financial regulations in force applicable to the general budget of the European Communities shall apply to the management of the appropriations.

Article 6

At the end of each year, a statement of appropriations for the two research targets shall be prepared and transmitted to Turkey for information.

Annex to Annex B

Provisional timetable for the costs relating to the research targets of the medical and health research programme

(commitment appropriations)

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