FRAMEWORK AGREEMENT for scientific and technical cooperation between the European Communities and the Swiss Confederation

THE SWISS FEDERAL COUNCIL on behalf of the Swiss Confederation, hereinafter called 'Switzerland',

of the one part,

THE COUNCIL OF THE EUROPEAN COMMUNITIES, on behalf of the European Economic Community and THE COMMISSION OF THE EUROPEAN COMMUNITIES, on behalf of the European Atomic Energy Community,

of the other part,

WHEREAS, without prejudice to the relevant provisions of the Treaties establishing the European Communities, this Framework Agreement and any activities entered into under the Agreement will in no way affect the powers vested in the Member States to undertake bilateral activities with Switzerland in the field of science, technology, research and development and to conclude, where appropriate, agreements to that end;

CONSIDERING the importance of scientific and technical research for Switzerland and the Communities and their mutual interest in cooperation in this field in order to better utilize resources and avoid wasteful duplications;

WHEREAS, on the occasion of the meeting in Luxmbourg on 9 April 1984, the ministers of the Member States of the Communities, the ministers of the Member States of the European Free Trade Association (EFTA) and the Commission have considered that the growing economic interdependence between the Communities and the EFTA countries justifies, in particular, cooperation in the field of research and development, and have stressed the necessity to increase these efforts, in particular with the aim of promoting mobility of researchers; whereas, in addition, the ministers wished that particular attention should be given to certain industrial and technical fields of the future;

WHEREAS Switzerland and the Communities have concluded on 16 September 1978 an agreement for cooperation in the field of controlled thermonuclear fusion and plasma physics, and whereas Switzerland and the Communities are cooperating in the context of various Community research programmes and actions;

WHEREAS Switzerland and the European Economic Community, on 28 September 1979, conducted an exchange of letters establishing the general framework for cooperation in the field of information services and in particular the extension of the Community's network for data transmission (Euronet) to the Swiss Territory;

WHEREAS Switzerland and the European Economic Community also cooperate in the framework of the European Cooperation in the Field of Scientific and Technical Research (COST), and whereas they intend to continue their efforts in this regard;

WHEREAS Switzerland and the Communities are pursuing important research programmes in areas of high priority and whereas the objectives of these programmes coincide to a large extent;

WHEREAS Switzerland and the Communities have an interest in cooperation within the framework of a large number of these programmes;

WHEREAS, in order to achieve this, it is desirable to establish a framework encompassing the total cooperation between Switzerland and the Communities in the field of research, to which organizations and private enterprises could be associated; whereas, in addition, this framework should provide simple and efficient procedures and have a dynamic character,

HAVE AGREED AS FOLLOWS:

A. Objective of the Agreement

Article 1

The present Agreement defines a framework for the development of scientific and technical cooperation between Switzerland and the Communities in fields of common interest which are the subject of Community and Swiss Research and Development.

Article 2

The cooperation may be carried out by public or private organizations and undertakings participating in the research programmes in Switzerland and the Communities as referred to in Annex I.

Article 3

The cooperation may take the following forms:

- regular exchanges of views on the direction and priorities of research policies and planning in Switzerland and the Communities;

- exchanges of views on the perspectives and on the development of cooperation;

- transmission of information resulting from the cooperation provided by this Agreement;coordination of programmes and projects carried out by Switzerland and the Communities;

- joint programmes or sub-programmes and joint actions to be carried out by Switzerland and the European Communities.

Article 4

The cooperation may be implemented in the following ways:

- joint meetings,

- visits and exchanges of researchers, engineers and technical staff,

- regular contacts between programme or project planners and managers,participation by experts in seminars, symposia and workshops,

- participation in joint programmes or sub-programmes and joint actions,

- availability of documents and communication of the results of work carried out in the framework of the cooperation.

Article 5

The cooperation may be adapted and developed at any time by common agreement of the Contracting Parties.

B. Implementation of the cooperation

Article 6

The cooperation covered by this Agreement shall be carried out through appropriate agreements.

Article 7

The agreements referred to in Article 6 shall specify the arrangements for cooperation in each case and in particular:

- objectives of scientific and technical content,

- rules concerning dissemination of knowledge and intellectual property,

- arrangements concerning staff mobility and the participation of one Contracting Party's representatives in the organizations of the other Party,

- modalities for financial participation in cooperation agreements,

- any other appropriate modalities.

Article 8

The agreements as referred to in Article 6 shall be concluded in accordance with procedures in force for each Contracting Party.

Article 9

The Contracting Parties shall communicate to each other the names of the organizations and undertakings as referred to in Article 2, taking part in the cooperation.

C. Joint Committee

Article 10

A Joint Committee called 'the Switzerland/Communities Research Committee' shall be set up, to:

- identify likely areas of cooperation and examine any measure to improve and develop the cooperation,

- carry out regular exchanges of views in the direction and priorities of research policies and planning in Switzerland and the Communities and on the perspectives of cooperation,

- ensure the proper execution of this Agreement.

Article 11

The Joint Committee, composed of representatives of the Commission and Switzerland, shall adopt its on rules of procedure.

It shall meet at the request of any of the Contracting Parties and at least once a year.

D. European Coal and Steel Community

Article 12

A separate Protocol could be concluded between the European Coal and Steel Community and its Member States, of the one part, and Switzerland, of the other part, if it proved mutually advantageous to cooperate in areas covered by the Treaty establishing the European Coal and Steel Community.

E. Final Provisions

Article 13

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 14

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 15

This Agreement shall be of indefinite duration. Each Contracting Party shall be able at any time to denounce this Agreement or request a review thereof subject to 12 months' notice.

Article 16

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

Done at . . . . .

For the Swiss Federal Council

For the Council and the Commission

of the European Communities