COOPERATION AGREEMENT between the European Economic Community and the Swiss Confederation in the field of medical and health research

THE EUROPEAN ECONOMIC COMMUNITY,

hereinafter referred to as 'the Community', and

THE SWISS CONFEDERATION,

hereinafter referred to as 'Switzerland',

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 17 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), hereinafter referred to as 'the Community programme';

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

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 Switzerland 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 for a period from 1 January 1989 to 31 December 1991 in the research targets and areas of the Community programme outlined in Annex A.

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

Switzerland 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 and areas referred to in Article 1, shall be enlarged to include two representatives designated by Switzerland who may be assisted or replaced by one Swiss expert. These representatives and/or experts shall attend meetings of the CGC and those COMACs for all items relevant to those research targets and areas.

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 Switzerland for the same costs and expenditure shall be proportional to

the Community's contribution. The proportionality factor

shall be given by the ratio between Switzerland'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 Switzerland. 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 65 000 000 from the Community,

- ECU 2 258 415 from Switzerland.

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 Switzerland 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. Switzerland shall be informed of the results of this evaluation and of any possible revision.

Article 5

The Member States of the Community, Switzerland 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 Switzerland 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 Switzerland 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 Swiss Confederation.

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. Switzerland shall be notified of the exact content of the revised programme within one week after its adoption by the Community. Any Contracting Party may give notice of denunciation of this Agreement within three months after the Community Decision has been adopted. Denunciation shall take effect three months from the date of receipt of the notification.

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 of 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: Consumpton of illicit drugs

Area I.4.4: Infections

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 service 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

- 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),

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

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

ANNEX B FINANCING RULES Article 1

These provisions lay down the financing rules for Switzerland 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 Switzerland 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 Swiss currency. The value in Swiss currency of the contribution in ecus shall be determined on the date of the call for funds.

The travel costs of Swiss 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.

Switzerland 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 Switzerland 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 Switzerland shall be credited to the six 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 six research targets shall be prepared and transmitted to Switzerland for information.

Appendix Provisional timetable for the costs relating to the research targets

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

(ECU)

1987

1988

1989

1990

1991

Total

III. Initial estimate of expenditure

- Target II.1

(Areas 1, 2, 3, 4, 5, 6)

950 000

3 725 000

4 175 000

4 200 000

4 950 000

18 000 000 (¹)

- Target II.2

(Areas 1, 2, 3)

2 160 000

3 500 000

4 000 000

3 340 000

1 000 000

14 000 000 (¹)

- Target II.3

(Areas 1, 2, 3)

580 000

1 670 000

2 200 000

2 400 000

2 150 000

9 000 000 (¹)

- Target II.4

(Areas 1, 2, 3, 4)

250 000

1 350 000

1 650 000

1 400 000

850 000

5 500 000 (¹)

- Target II.1

(Areas 1, 2, 3)

455 000

3 555 000

3 390 000

2 850 000

1 250 000

11 500 000 (¹)

- Target II.2

(Areas 1, 2, 3, 4)

225 000

1 575 000

2 550 000

1 650 000

1 000 000

7 000 000 (¹)

Total

4 620 000

15 375 000

17 965 000

15 840 000

11 200 000

65 000 000 (¹)

III. Revised estimate of expenditure taking into account the

Cooperation Agreement with

Switzerland

- Target II.1

(Areas 1, 2, 3, 4, 5, 6)

950 000

3 864 315

4 331 145

4 357 080

5 135 130

18 637 670 (¹)

- Target II.2

(Areas 1, 2, 3)

2 160 000

3 630 900

4 149 600

3 464 916

1 037 400

14 442 816 (¹)

- Target II.3

(Areas 1, 2, 3)

580 000

1 732 458

2 282 280

2 489 760

2 230 410

9 314 000 (¹)

- Target II.4

(Areas 1, 2, 3, 4)

250 000

1 400 490

1 711 710

1 452 360

881 790

5 696 350 (¹)

- Target II.1

(Areas 1, 2, 3)

455 000

3 687 957

3 516 786

2 956 590

1 296 750

11 913 083 (¹)

- Target II.2

(Areas 1, 2, 3, 4)

225 000

1 633 952

2 645 447

1 711 760

1 037 430

7 253 588 (¹)

Total

4 620 000

15 950 072

18 636 968

16 432 466

11 618 910

67 258 415 (¹)

III. Difference between I and II to be covered by Switzerland's

contribution

0

575 072

671 968

592 466

418 910

2 258 415 (¹)

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