23.7.1988

EN

Official Journal of the European Communities

L 195/80

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COOPERATION AGREEMENT

between the European Economic Community and the Swiss Confederation on Research and Development in the field of advanced materials (Euram)

THE EUROPEAN ECONOMIC COMMUNITY,

hereinafter referred to as ‘the Community’,

and

THE SWISS CONFEDERATION,

hereinafter referred to as ‘Switzerland’,

hereinafter referred to as the ‘Contracting Parties’,

WHEREAS, by its Decision of 3 October 1983, the Swiss Federal Council adopted, for the period 1985 to 1990, a Swiss national research programme called ‘Materials for tomorrow's needs’, hereinafter referred to as ‘the Swiss programme’, which is implemented and financed in Switzerland by the Swiss National Fund for Scientific Research;

WHEREAS, by its Decision of 10 June 1986, the Council adopted, for a period of four years from 1 January 1986, a research programme on materials (raw materials and advanced materials), which includes a subprogramme on advanced materials (Euram), hereinafter referred to as ‘the Community Programme’; whereas Article 6 of that Decision provides for the conclusion of agreements with third States, in particular those involved in European cooperation in the field of scientific and technical research (COST);

WHEREAS the Community and Switzerland concluded a Framework Agreement for scientific and technical cooperation which entered into force on 17 July 1987;

WHEREAS cooperation between the Swiss and Community programmes would be in the interests of both parties and would ensure that the respective research undertaken is complementary and avoid unnecessary duplication of effort,

HAVE AGREED AS FOLLOWS:

Article 1

The Community and Switzerland shall cooperate on the Community and Swiss programmes as described in Annexes A and B.

Article 2

Each Contracting Party shall bear the cost of implementing its own programme.

The costs arising from inter-programme cooperation activities shall be defrayed by the Contracting Parties, each party being responsible for the amounts which concern it.

Article 3

The objective of the cooperation referred to in Article 1 is to coordinate the Community and Swiss programmes and to provide a stimulus for carrying out the programmes with a view to deriving greater benefit from the respective research efforts.

The aims of this coordination are, in particular:

—	to select and define research projects,

—	to monitor the implementation of projects,

—	to evaluate the results and identify new research priorities.

It shall be carried out through:

—	a detailed exchange of information on the respective programmes,

—	participation of representatives of one Contracting Party in the seminars and symposia of the other,

—	organization of vists by specialists from one Contracting Party to research institutes of the other,

—	regular close contacts between those responsible for the Community and Swiss programmes,

—	other means of cooperation which shall be the subject of particular negotiations, if appropriate.

Article 4

The Commission of the European Communities, of the one part, and the bodies designated by the Swiss Federal Council, of the other part, shall ensure that cooperation takes place between the Community and Swiss programmes.

To this end, the person responsible for the Community programme shall invite the person responsible for the Swiss programme to attend meetings of Community working parties and groups of experts, as necessary, and the person responsible for the Swiss programme shall invite the person responsible for the Community programme to attend meetings of Swiss working parties and groups of experts, as necessary.

These persons may be accompanied by experts at the meetings to which they are invited.

Article 5

Knowledge resulting from the implementation of the Community programme during the period of validity of this Agreement shall be communicated to Switzerland and to its bodies (organs, undertakings or persons) carrying out research or production work justifying access to this knowledge, under the same conditions as to the Member States of the Community.

Knowledge resulting from the implementation of the Swiss programme during the period of validity of this Agreement shall be communicated to the Member States of the Community and to their relevant bodies under the same conditions as to the relevant Swiss bodies.

If in the implementation of the respective programmes patentable inventions, which will be protected by patents, are made or conceived, the Contracting Parties shall encourage as far as possible the granting by the holders of such patents of non-exclusive licences to persons and undertakings established in the Community and Switzerland. Any such licences shall be granted on non-discriminatory terms.

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

1.   This Agreement shall be concluded for the duration of the programme of the Contracting Party which expires first.

Unless notice of termination of the Agreement is served in the month following a decision to revise the programme of one of the Contracting Parties, Annex A or B shall be amended to take account of the revision. The Contracting Parties, shall inform one another of decisions to revise the programmes.

2.   Unless notice of termination is served in the month following the decision to adopt a new programme by one of the Contracting Parties, this Agreement shall be extended for the duration of the programme of the Contracting Party which expires first.

The provisions of the second subparagraph of the paragraph 1 above shall be applicable mutatis mutandis.

3.   This Agreement shall not be deemed to have expired solely by the fact of a delay in the adoption of a subsequent programme of one of the Contracting Parties.

4.   With the exception of the provisions set out in paragraphs 1 and 2, each Contracting Party may at any moment terminate the Agreement by serving six months notice.

Article 8

Annexes A and B shall form an integral part Of the Agreement.

Article 9

This Agreement shall be approved by the Contracting Parties under the procedures in force for each of them. It shall enter into force as soon as the Contracting Parties have notified one another of completion of the procedures necessary to this effect.

Article 10

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

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