COOPERATION AGREEMENT between the European Economic Community and the Republic of Austria on research and development in the field of the environment: Science and Technology for Environmental Protection (STEP)

THE EUROPEAN ECONOMIC COMMUNITY,

hereinafter called 'the Community`, and

THE REPUBLIC OF AUSTRIA,

hereinafter called 'Austria`,

both hereinafter called the 'Contracting Parties`,

Whereas the Community and Austria concluded a framework agreement for scientific and technical cooperation which entered into force on 30 July 1987;

Whereas, by Decision 89/625/EEC, the Council of the European Communities, hereinafter called 'the Council`, adopted two multiannual R& TD programmes in the field of the environment (1989 to 1993), covering a specific research and development programme on Science and Technology for Environmental Protection (STEP), hereinafter called 'the Community programmes`;

Whereas the association of Austria with the Community programme can help to improve the efficacy of the research carried out by the Contracting Parties in the field of the protection of the environment and can avoid the useless duplication of efforts;

Whereas the ongoing talks relating to a European Economic Area between the Community and the EFTA countries are likely to lead to a result in the area of R& D in the environmental sector which take this development into consideration;

Whereas the Community and Austria expect to obtain mutual benefit from Austria's association with the Community programme,

HAVE AGREED AS FOLLOWS:

Article 1

Austria is hereby associated as from 20 November 1989 with the implementation of the Community programme as set out in Annex A. The implementation of the programme and the Community's rate of financial participation are set out in Annex B.

Article 2

The financial contribution of Austria, deriving from its association with the implementation of the Community programme, shall be established in proportion 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 of the European Communities, hereinafter referred to as 'the Commission` resulting from work to be carried out in the framework of shared-cost research contracts necessary for the implementation of the Community programme and from management and administrative operating expenditure for the said programme.

The proportionality factor governing Austria's contribution shall be obtained by establishing the ratio between Austria's gross domestic product (GDP), at market prices, and the sum of gross domestic products, at market prices, of the Member States of the Community and of Austria. This ratio shall be calculated on the basis of the latest available statistical data of the Organization for Economic Cooperation and Development (OECD).

The funds estimated as necessary to carry out the Community programme, the amount of Austria's contribution and the timetable of the commitment estimates are set out in Annex C.

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

Article 3

1. For the purposes of this Agreement, a cooperation committee to assist the Commission in the implementation of the specific research and development programme in the field of the environment (STEP), adopted by Council Decision 89/625/EEC, hereinafter referred to as 'the Committee`, is hereby established.

2. The Committee shall consist of representatives of the Community and Austria.

3. The Committee shall be consulted on all the matters concerning the implementation of this Agreement. For this purpose, it shall make recommendations.

4. The representative of the Community shall take the appropriate steps to ensure coordination between the implementation of this Agreement and the decisions taken by the Community in respect of the implementation of the Community programme.

5. For the purpose of the proper implementation of this Agreement, the Contracting Parties shall exchange information and, at the request of either Party, shall hold consultations within the Committee.

6. The Committee shall adopt its own rules of procedure and it shall meet, at the request of either Contracting Party, in accordance with the conditions to be laid down in its rules of procedure.

Article 4

For Austrian research and development bodies and persons, the terms and conditions for the submission and evaluation of proposals and the terms and conditions for the granting and conclusion of contracts under the Community programme shall be limited to those arising from contracts under the same programme. In particular, the general provisions applicable to research contracts within the Community shall apply subject to this Article, mutatis mutandis, to research contracts with Austrian research and development bodies and persons as far as questions relating to taxation and customs duties and the utilization of research results are concerned.

Article 5

The Commission shall send to Austria a copy of the reports established in accordance with Article 4 of Council Decision 89/625/EEC.

Article 6

Each Contracting Party undertakes, in accordance with their own rules and regulations, to facilitate the movement and residence of research workers participating in Austria and in the Community in the activities covered by this Agreement.

Article 7

The Commission and the OEsterreichisches Forschungszentrum Selbersdorf of Austria shall ensure the implementation of this Agreement.

Article 8

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

Article 9

1. This Agreement shall be concluded for the duration of the Community programme.

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

2. Where the Community adopts a new R& D programme in the field of the environment, this Agreement may be renegotiated or renewed under mutually agreed conditions.

3. Subject to paragraph 1, either Contracting Party may at any time terminate this Agreement with six months' notice. The projects and work in progress at the time of termination and/or expiry of this Agreement shall be continued until they are completed under the conditions laid down in this Agreement.

Article 10

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 11

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 Austria.

Article 12

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

ANNEX A

COMMUNITY PROGRAMME IN THE FIELD OF SCIENCE AND TECHNOLOGY FOR ENVIRONMENTAL PROTECTION (STEP) (1989 to 1993)

The Community programme shall cover the following research areas.

Reference to the subtopics contained under the following nine research topics is of an indicative nature.

Indicative

allocation

RESEARCH AREA 1

Environment and human health

5 %

1.1. Development of biological markers of exposure and preclinical effects

1.2.

Development of environmental epidemiology in the European Community

1.3.

Indoor air quality and its impact on man

RESEARCH AREA 2

Assessment of risks associated with chemicals

10 %

2.1.

Development and validation of protocols for the assessment of health risks

2.2.

Alternatives to the use of animals in chemical testing

2.3.

Assessment procedures for the abiotic degradation of chemicals

2.4.

Research on the assessment of ecological effects of chemicals

2.5.

Refinement and application of quantitative structure/activity relationships (QSARs)

RESEARCH AREA 3

Atmospheric processes and air quality

20 %

3.1.

Tropospheric chemistry, including analysis, sources, transport and deposition of pollutants and other airborne substances

3.2.

Stratospheric chemistry, ozone depletion and related issues

3.3.

Air pollution effects on terrestrial and aquatic ecosystems

RESEARCH AREA 4

Water quality

5 %

4.1.

Analysis and conversions of pollutants

4.2.

Effects of pollutants

Indicative

allocation

RESEARCH AREA 5

Soil and groundwater protection

8 %

5.1.

Protection against inorganic pollutants

5.2.

Protection against organic pollutants

5.3.

Effects of agricultural and forestry practice

RESEARCH AREA 6

Ecosystem research

12 %

6.1.

Terrestrial ecosystems

6.2.

Aquatic and coastal ecosystems (including wetlands)

RESEARCH AREA 7

Protection and conservation of the European cultural heritage

8 %

7.1.

Assessment of the mechanisms of the deterioration

7.2.

Critical environmental factors

7.3.

Damage assessment

7.4.

Material characterization

7.5.

Conservation techniques

RESEARCH AREA 8

Technologies for environmental protection

12 %

8.1.

Waste research

8.2.

Emission abatement

8.3.

Clean technologies

RESEARCH AREA 9

Major technological hazards and fire safety

20 %

9.1.

Physical and chemical phenomena

9.2.

Technologies of accident prevention

9.3.

Evaluation and management of risk

Total

100 %

ANNEX B

IMPLEMENTATION OF THE PROGRAMME AND THE COMMUNITY'S RATE OF FINANCIAL PARTICIPATION

The programme shall be implemented by means of:

ii(i) shared-cost research contracts;

i(ii)

concerted actions;

(iii)

coordination activities;

(iv)

education and training activities; and

i(v)

studies and assessments.

The programme is open to universities, research organizations and industrial companies, including small and medium-sized enterprises, individuals, or any combination thereof established in the Community and in Austria. As a rule, projects must be transnational and at least one partner in a project must be established in the Community.

For shared-cost contracts, the Community participation will generally be 50 % of the total expenditure, but this percentage may be varied according to the nature and the stage of development of the research. In respect of universities and research institutes carrying out projects under this programme, the Community may bear up to 100 % of the additional expenditure involved.

ANNEX C

FINANCIAL PROVISIONS

1. According to the Council Decision adopting the STEP programme, the amount estimated as necessary to carry out this Community programme shall be ECU 75 000 000.

2.

Austria's financial contribution for its association to the Community programme is estimated to be ECU 1 799 520 and shall be added, along with other possible contributions from third countries, to the abovementioned amount, as foreseen in Article 2 of this Agreement.

3.

The indicative timetable for the commitment appropriations of the STEP programme and Austria's contribution are as follows:

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ANNEX D

FINANCING RULES

1. This Annex lays down the detailed rules governing Austria's financial contribution referred to in Article 2 of this Agreement.

2. At the beginning of each year, or whenever the Community programme is revised so as to involve an increase in the amount estimated as necessary for its implementation, the Commission shall send to Austria a call for funds corresponding to its contribution tot the costs under this Agreement.

This contribution shall be expressed both in ecus and in Austrian currency, the composition of the ecu being defined in Council Regulation (EEC) N° 3180/78 (¹), as amended by Regulation (EEC) N° 1971/89 (²). The value in Austrian currency of the contribution in ecus shall be determined on the date of the call for funds.

Austria shall pay its contribution to the annual cost under this Agreement at the beginning of each year and 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 Austria at a rate equal to the highest discount rate obtained 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.

Travel costs of Austrian representatives and experts arising from their participation in the work of the Committee referred to in Article 3 of this 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 Council Decision N° 84/338/Euratom, ECSC, EEC (³).

3. The funds paid by Austria shall be credited to the Community programme as budget receipts allocated to its appropriate heading in the statement of revenue of the general budget of the European Communities.

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

5. At the end of each year, a statement of appropriations for the Community programme shall be prepared and transmitted to Austria for information.

(¹) OJ N° L 379, 30. 12. 1978, p. 1.

(²) OJ N° L 189, 4. 7. 1989, p. 1.

(³) OJ N° L 177, 4. 7. 1984, p. 25.