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

THE EUROPEAN ECONOMIC COMMUNITY,

hereinafter referred to as 'the Community', and

THE REPUBLIC OF AUSTRIA,

hereinafter referred to as 'Austria',

both hereinafter referred to as 'the Contracting Parties',

WHEREAS the Contracting Parties concluded a Framework Agreement for Scientific and Technical Cooperation which entered into force on 30 July 1987;

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) which includes, among others, research targets on cancer, AIDS, age-related health problems and environment and life-style related health problems;

WHEREAS comprehensive research and development activities in the field of medical and health research are carried out in Austria;

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 Austria 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 process of coordination which they consider will be of mutual benefit,

HAVE AGREED AS FOLLOWS:

Article 1

The Contracting Parties shall cooperate in the following research targets of the Community programme:

1. From 1 January 1988 to 31 December 1991:

- age-related health problems (Target I.3),

- environment and life-style related health problems (Target I.4);

2. From 1 January 1989 to 31 December 1991:

- cancer (Target I.1),

- AIDS (Target I.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 Austria and of the Communtiy.

Austria 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 Council 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 Austria who may be assisted or replaced by one Austrian expert. These representatives and/or experts shall attend meetings of the CGC and those COMACs for all items relevant to that research target.

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 the financial obligations of the Commission relating to coordination costs and to management and operating expenditure.

The estimated financial contribution from Austria for the same costs and expenditure shall be proportional to the Community's contribution. The proportionality factor shall be given by 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 Austria. 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 periods referred to in Article 1 are estimated to amount to:

- ECU 35 335 000 from the Community,

- ECU 939 909 from Austria.

The ecu is that defined by Council Regulation (EEC) No 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) No 2626/84.

The rules governing the financial contribution from Austria 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 the research target. Austria shall be informed of the results of this evaluation and of any possible revision.

Article 5

The Member States of the Community, Austria 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 Austria 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 Austria 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 Austria.

Article 7

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 have notified each other of the completion of the procedures necessary for this purpose.

Article 8

1. This Agreement is hereby 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. Austria 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. Save as provided in paragraph 1, either Contracting Party may at any time terminate this Agreement with six months' notice.

Article 9

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

Article 10

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 RESEARCH TOPICS COVERED BY THE AGREEMENT Target I.1 - Cancer

Area I.1.1: Cancer research training scheme

Area I.1.2: Clinical treatment research

Area I.1.3: Epidemiological research

Area I.1.4: Early detection and diagnosis

Area I.1.5: Drug development

Area I.1.6: Experimental (fundamental) research

Target I.2 - AIDS

Area I.2.1: Disease control and prevention

Area I.2.2: Viro-immunological research

Area I.2.3: Clinical research

Target I.3 - Age-related health problems

Area I.3.1: Reproduction

Area I.3.2: Ageing and disease

Area I.3.3: Disabilities

Target I.4 - Environment and life-style related health problems

Area I.4.1: Breakdown in human adaptation

Area I.4.2: Nutrition

Area I.4.3: Consumption of illicit drugs

Area I.4.4: Infections

ANNEX B FINANCING RULES Article 1

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

Article 2

At the beginning of each year, or - in accordance with Article 8 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 Austria 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 Austrian currency. The value in Austrian currency of the contribution in ecus shall be determined on the date of the call for funds.

The travel costs of Austrian representatives and experts arising 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 Council Decision 84/338/Euratom, ECSC, EEC.

Austria shall pay its contribution to the annual costs under the 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 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 Austria shall be credited to the four 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 is 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 four research targets shall be prepared and transmitted to Austria for information.

Appendix Provisional timetable for the costs relating to the research targets

Budget heading 7311 'Medical and health research' (commitment appropriations)

(ECU)

Year

Community's commitments

Targets

I.1

I.2 (¹)

I.3

I.4

Total

Austria's contribution

Targets

I.1

I.2 (¹)

I.3

I.4

Total

1988

3 725 000

3 500 000

1 670 000

1 350 000

10 245 000

-

-

44 420

35 910

80 330

1989

4 175 000

4 000 000

2 200 000

1 650 000

12 025 000

111 055

106 400

58 520

43 890

319 865

1990

4 200 000

3 340 000

2 400 000

1 400 000

11 340 000

111 720

88 844

63 840

37 240

301 644

1991

4 950 000

1 000 000

2 150 000

850 000

8 950 000

131 670

26 600

57 190

22 610

238 070

Grand total

17 050 000

11 840 000

8 420 000

5 250 000

42 560 000

354 455

221 844

223 970

139 650

939 909

(¹) Including support for 'centralized facilities' for primates.