Avis juridique important
Community-COST Concertation Agreement on a concerted action project in the field of treatment and use of sewage sludge (COST Project 68ter)
Official Journal L 388 , 31/12/1981 P. 0038
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COMMUNITY-COST CONCERTATION AGREEMENT
ON A CONCERTED ACTION PROJECT IN THE FIELD OF TREATMENT AND USE OF SEWAGE SLUDGE
( COST PROJECT 68TER )
THE EUROPEAN ECONOMIC COMMUNITY ,
HEREINAFTER REFERRED TO AS " THE COMMUNITY " ,
THE SIGNATORY STATES TO THIS AGREEMENT ,
HEREINAFTER REFERRED TO AS " THE PARTICIPATING NON-MEMBER STATES " ,
WHEREAS A EUROPEAN CONCERTED RESEARCH ACTION PROJECT IN THE FIELD OF TREATMENT AND USE OF SEWAGE SLUDGE IS LIKELY TO CONTRIBUTE EFFECTIVELY TO THE REDUCTION OF ENVIRONMENTAL POLLUTION AND TO A MORE ECONOMIC USE OF NATURAL RESOURCES ;
WHEREAS A COMMUNITY-COST CONCERTATION AGREEMENT ON A CONCERTED ACTION PROJECT IN THE FIELD OF TREATMENT AND USE OF SEWAGE SLUDGE ( COST PROJECT 68BIS ) WAS CONCLUDED BETWEEN THE COMMUNITY AND SOME NON-MEMBER STATES INVOLVED IN EUROPEAN COOPERATION IN THE FIELD OF SCIENTIFIC AND TECHNICAL RESEARCH ( COST ) ON 26 JULY 1979 AND EXPIRED ON 18 OCTOBER 1980 ;
WHEREAS THE ABOVEMENTIONED CONCERTED ACTION PROJECT HAS PRODUCED VERY ENCOURAGING RESULTS ;
WHEREAS , BY ITS DECISION OF 3 MARCH 1981 , THE COUNCIL OF THE EUROPEAN COMMUNITIES ADOPTED A SECTORAL RESEARCH AND DEVELOPMENT PROGRAMME IN THE FIELD OF ENVIRONMENT ( ENVIRONMENTAL PROTECTION AND CLIMATOLOGY ) - INDIRECT AND CONCERTED ACTIONS - ( 1981 TO 1985 ) INCLUDING A NEW CONCERTED ACTION PROJECT ON THE TREATMENT AND USE OF SEWAGE SLUDGE TO BE CARRIED OUT DURING THE PERIOD 1 JANUARY 1981 TO 31 DECEMBER 1983 ;
WHEREAS THE MEMBER STATES OF THE COMMUNITY AND THE PARTICIPATING NON-MEMBER STATES , HEREINAFTER REFERRED TO AS " THE STATES " , INTEND , SUBJECT TO 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 CONCERTATION WHICH THEY CONSIDER WILL BE OF MUTUAL BENEFIT ;
WHEREAS THE IMPLEMENTATION OF THE RESEARCH COVERED BY THE CONCERTED ACTION PROJECT WILL REQUIRE A FINANCIAL CONTRIBUTION OF APPROXIMATELY 10 MILLION ECU FROM THE STATES ,
HAVE AGREED AS FOLLOWS :
ARTICLE 1
THE COMMUNITY AND THE PARTICIPATING NON-MEMBER STATES , HEREINAFTER REFERRED TO AS " THE CONTRACTING PARTIES " , SHALL PARTICIPATE FOR THE PERIOD 1 JANUARY 1981 TO 31 DECEMBER 1983 IN A CONCERTED ACTION PROJECT IN THE FIELD OF TREATMENT AND USE OF SEWAGE SLUDGE .
THIS PROJECT SHALL CONSIST IN CONCERTATION BETWEEN THE COMMUNITY CONCERTED ACTION PROGRAMME AND THE CORRESPONDING PROGRAMMES OF THE PARTICIPATING NON-MEMBER STATES . RESEARCH AREAS COVERED BY THIS AGREEMENT ARE LISTED IN ANNEX A .
THE STATES SHALL REMAIN ENTIRELY RESPONSIBLE FOR THE RESEARCH CARRIED OUT BY THEIR NATIONAL INSTITUTIONS OR BODIES .
ARTICLE 2
CONCERTATION BETWEEN THE CONTRACTING PARTIES SHALL BE EFFECTED THROUGH A COMMUNITY-COST CONCERTATION COMMITTEE , HEREINAFTER REFERRED TO AS " THE COMMITTEE " .
THE COMMITTEE SHALL DRAW UP ITS RULES OF PROCEDURE . ITS SECRETARIAT WILL BE PROVIDED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , HEREINAFTER REFERRED TO AS " THE COMMISSION " .
THE TERMS OF REFERENCE AND THE COMPOSITION OF THIS COMMITTEE ARE DEFINED IN ANNEX B .
ARTICLE 3
IN ORDER TO ENSURE OPTIMUM EFFICIENCY IN THE EXECUTION OF THIS CONCERTED ACTION PROJECT , A PROJECT LEADER MAY BE APPOINTED BY THE COMMISSION IN AGREEMENT WITH THE COMMITTEE .
ARTICLE 4
THE MAXIMUM FINANCIAL CONTRIBUTION BY THE CONTRACTING PARTIES TO THE COORDINATION COSTS SHALL BE :
- 200 000 ECU FROM THE COMMUNITY ,
- 20 000 ECU FROM EACH PARTICIPATING NON-MEMBER STATE FOR THE PERIOD REFERRED TO IN THE FIRST PARAGRAPH OF ARTICLE 1 .
THE ECU IS THAT DEFINED BY THE FINANCIAL REGULATION IN FORCE APPLICABLE TO THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES AND BY THE FINANCIAL ARRANGEMENTS ADOPTED PURSUANT THERETO .
THE RULES GOVERNING THE FINANCING OF THE AGREEMENT ARE SET OUT IN ANNEX C .
ARTICLE 5
1 . THROUGH THE COMMITTEE , THE STATES SHALL EXCHANGE ALL USEFUL INFORMATION RESULTING FROM THE EXECUTION OF THE RESEARCH COVERED BY THE CONCERTED ACTION PROJECT . THEY SHALL ALSO ENDEAVOUR TO PROVIDE INFORMATION ON SIMILAR RESEARCH PLANNED OR CARRIED OUT BY OTHER BODIES . ANY INFORMATION SHALL BE TREATED AS CONFIDENTIAL IF THE STATE WHICH PROVIDES IT SO REQUESTS .
2 . IN AGREEMENT WITH THE COMMITTEE , THE COMMISSION SHALL PREPARE ANNUAL PROGRESS REPORTS ON THE BASIS OF THE INFORMATION SUPPLIED AND SHALL FORWARD THEM TO THE STATES .
3 . AT THE END OF THE CONCERTATION PERIOD , THE COMMISSION SHALL , IN AGREEMENT WITH THE COMMITTEE , FORWARD TO THE STATES A GENERAL REPORT ON THE EXECUTION AND RESULTS OF THE PROJECT . THIS REPORT SHALL BE PUBLISHED BY THE COMMISSION NOT LATER THAN SIX MONTHS AFTER IT HAS BEEN FORWARDED , UNLESS A STATE OBJECTS . IN THAT CASE THE REPORT SHALL BE TREATED AS CONFIDENTIAL AND SHALL BE FORWARDED , ON REQUEST AND WITH THE AGREEMENT OF THE COMMITTEE , SOLELY TO THE INSTITUTIONS AND UNDERTAKINGS WHOSE RESEARCH OR PRODUCTION ACTIVITIES JUSTIFY ACCESS TO KNOWLEDGE RESULTING FROM THE PERFORMANCE OF THE RESEARCH COVERED BY THE CONCERTED ACTION PROJECT .
ARTICLE 6
1 . THIS AGREEMENT SHALL BE OPEN FOR SIGNATURE BY THE COMMUNITY AND BY THE NON-MEMBER STATES OF THAT COMMUNITY WHICH TOOK PART IN THE MINISTERIAL CONFERENCE HELD IN BRUSSELS ON 22 AND 23 NOVEMBER 1971 .
2 . AS A CONDITION PRECEDENT TO ITS PARTICIPATION IN THE CONCERTED ACTION PROJECT DEFINED IN ARTICLE 1 , EACH OF THE CONTRACTING PARTIES SHALL , AFTER SIGNING THIS AGREEMENT , HAVE NOTIFIED THE SECRETARY-GENERAL OF THE COUNCIL OF THE EUROPEAN COMMUNITIES NOT LATER THAN 30 JUNE 1982 OF THE COMPLETION OF THE PROCEDURES NECESSARY UNDER ITS INTERNAL PROVISIONS FOR THE IMPLEMENTATION OF THIS AGREEMENT .
3 . FOR THE CONTRACTING PARTIES WHICH HAVE TRANSMITTED THE NOTIFICATION PROVIDED FOR IN PARAGRAPH 2 , THIS AGREEMENT SHALL COME INTO FORCE ON THE FIRST DAY OF THE MONTH FOLLOWING THAT IN WHICH THE COMMUNITY AND AT LEAST ONE OF THE PARTICIPATING NON-MEMBER STATES TRANSMITTED THESE NOTIFICATIONS .
FOR THOSE CONTRACTING PARTIES WHICH TRANSMIT THE NOTIFICATION AFTER THE ENTRY INTO FORCE OF THIS AGREEMENT , IT SHALL COME INTO FORCE ON THE FIRST DAY OF THE SECOND MONTH FOLLOWING THE MONTH IN WHICH THE NOTIFICATION WAS TRANSMITTED .
CONTRACTING PARTIES WHICH HAVE NOT TRANSMITTED THIS NOTIFICATION WHEN THIS AGREEMENT COMES INTO FORCE SHALL BE ABLE TO TAKE PART IN THE WORK OF THE COMMITTEE WITHOUT VOTING RIGHTS UNTIL 30 JUNE 1982 .
4 . THE SECRETARY-GENERAL OF THE COUNCIL OF THE EUROPEAN COMMUNITIES SHALL INFORM EACH OF THE CONTRACTING PARTIES OF THE NOTIFICATIONS PROVIDED FOR IN PARAGRAPH 2 AND OF THE DATE OF ENTRY INTO FORCE OF THIS AGREEMENT .
ARTICLE 7
THIS AGREEMENT , DRAWN UP IN A SINGLE ORIGINAL IN THE DANISH , DUTCH , ENGLISH , FRENCH , GERMAN , GREEK AND ITALIAN LANGUAGES , EACH TEXT BEING EQUALLY AUTHENTIC , SHALL BE DEPOSITED IN THE ARCHIVES OF THE GENERAL SECRETARIAT OF THE COUNCIL OF THE EUROPEAN COMMUNITIES WHICH SHALL TRANSMIT A CERTIFIED COPY TO EACH OF THE CONTRACTING PARTIES .
ANNEX A
RESEARCH AREAS COVERED BY THE AGREEMENT
1 . SLUDGE STABILIZATION AND ODOUR PROBLEMS :
- DEFINITION AND DETERMINATION OF " DEGREE OF STABILITY " AND RELATION TO ODOUR NUISANCE ,
- COMPARATIVE EVALUATION OF STABILIZATION PROCEDURES .
2 . PROBLEMS RELATED TO SLUDGE DEWATERING :
- RESEARCH ON WATER BINDING FORCES ,
- DEVELOPMENT AND STANDARDIZATION OF METHODS FOR THE ASSESSMENT OF DEWATERING PROPERTIES ,
- PROBLEMS RELATED TO THE USE OF FLOCCULANTS ,
- COMPARATIVE EVALUATION OF THICKENING AND DEWATERING EQUIPMENT .
3 . ANALYTICAL PROBLEMS RELATED TO SLUDGE TREATMENT AND USE :
- CHARACTERIZATION OF PATHOGENS AND EVALUATION OF DISINFECTION PROCEDURES ,
- CHARACTERIZATION AND DETERMINATION OF POLLUANTS ( HEAVY METALS , PERSISTENT ORGANIC COMPOUNDS ) IN SLUDGE AND DEVELOPMENT OF STANDARDIZED ANALYTICAL METHODS .
4 . ENVIRONMENTAL PROBLEMS RELATED TO SLUDGE USE :
- SPECIAL PROCESSING OF SLUDGE FOR AGRICULTURAL USE ( E.G . COMPOSTING ) INCLUDING THE IMPROVEMENT OF DISINFECTION PROCEDURES AND POLLUANT REMOVAL ,
- TRANSFER OF POLLUANTS TO PLANTS AND HARMFUL EFFECTS ON VEGETATION ,
- EFFECTS OF LONG-RANGE SLUDGE APPLICATION ON SOIL QUALITY AND GROUND WATER ,
- OPTIMUM LAND USE OF SLUDGE , INCLUDING SLUDGE FROM DEPHOSPHATATION PLANTS .
ANNEX B
TERMS OF REFERENCE AND COMPOSITION OF THE COMMUNITY-COST CONCERTATION COMMITTEE ON TREATMENT AND USE OF SEWAGE SLUDGE
1 . THE COMMITTEE SHALL :
1.1 . CONTRIBUTE TO THE OPTIMUM EXECUTION OF THE CONCERTED ACTION PROJECT BY GIVING ITS OPINION ON ALL OF ITS ASPECTS ;
1.2 . EVALUATE THE RESULTS OF THE PROJECT AND DRAW CONCLUSIONS AS TO THEIR APPLICATION ;
1.3 . BE RESPONSIBLE FOR THE EXCHANGE OF INFORMATION REFERRED TO IN ARTICLE 5 ( 1 ) OF THE AGREEMENT ;
1.4 . SUGGEST GUIDELINES TO THE PROJECT LEADER .
2 . THE COMMITTEE'S REPORTS AND OPINIONS SHALL BE FORWARDED TO THE STATES .
3 . THE COMMITTEE SHALL BE COMPOSED OF ONE DELEGATE FROM THE COMMISSION , AS COORDINATOR OF THE COMMUNITY CONCERTED ACTION PROJECT , ONE DELEGATE FROM EACH PARTICIPATING NON-MEMBER STATE , ONE DELEGATE FROM EACH MEMBER STATE REPRESENTING ITS NATIONAL PROGRAMME , AND THE PROJECT LEADER . EACH DELEGATE MAY BE ACCOMPANIED BY EXPERTS .
ANNEX C
FINANCING RULES
ARTICLE 1
THESE PROVISIONS LAY DOWN THE FINANCIAL RULES REFERRED TO IN ARTICLE 4 OF THE COMMUNITY-COST CONCERTATION AGREEMENT ON A CONCERTED ACTION PROJECT IN THE FIELD OF TREATMENT AND USE OF SEWAGE SLUDGE ( COST PROJECT 68TER ) .
ARTICLE 2
AT THE BEGINNING OF EACH FINANCIAL YEAR , THE COMMISSION SHALL SEND TO EACH OF THE PARTICIPATING NON-MEMBER STATES A CALL FOR FUNDS CORRESPONDING TO ITS SHARE OF THE ANNUAL COORDINATION COSTS UNDER THE AGREEMENT , CALCULATED IN PROPORTION TO THE MAXIMUM AMOUNTS LAID DOWN IN ARTICLE 4 OF THE AGREEMENT .
THIS CONTRIBUTION SHALL BE EXPRESSED BOTH IN ECU AND THE CURRENCY OF THE PARTICIPATING NON-MEMBER STATE CONCERNED , THE VALUE OF THE ECU BEING DEFINED IN THE FINANCIAL REGULATION APPLICABLE TO THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES AND DETERMINED ON THE DATE OF THE CALL FOR FUNDS .
THE TOTAL CONTRIBUTIONS SHALL COVER THE TRAVEL AND SUBSISTENCE COSTS OF THE DELEGATES TO THE COMMITTEE , IN ADDITION TO THE COORDINATION COSTS PROPER .
EACH PARTICIPATING NON-MEMBER STATE SHALL PAY ITS ANNUAL CONTRIBUTION TO THE COORDINATION COSTS UNDER THE AGREEMENT AT THE BEGINNING OF EACH YEAR , AND BY 31 MARCH AT THE LATEST . ANY DELAY IN THE PAYMENT OF THE ANNUAL CONTRIBUTION SHALL GIVE RISE TO THE PAYMENT OF INTEREST BY THE PARTICIPATING NON-MEMBER STATE CONCERNED AT A RATE EQUAL TO THE HIGHEST DISCOUNT RATE RULING IN THE STATES 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 , SUCH INTEREST SHALL BE CHARGEABLE ONLY IF PAYMENT IS EFFECTED MORE THAN THREE MONTHS AFTER THE ISSUE OF A CALL FOR FUNDS BY THE COMMISSION .
ARTICLE 3
THE FUNDS PAID BY PARTICIPATING NON-MEMBER STATES SHALL BE CREDITED TO THE CONCERTED ACTION PROJECT AS BUDGET RECEIPTS ALLOCATED TO A HEADING IN THE STATEMENT OF THE REVENUE OF THE BUDGET OF THE COMMISSION .
ARTICLE 4
THE PROVISIONAL TIMETABLE FOR THE COORDINATION COSTS REFERRED TO IN ARTICLE 4 OF THE AGREEMENT IS ANNEXED .
ARTICLE 5
THE FINANCIAL REGULATION 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 FINANCIAL YEAR , A STATEMENT OF APPROPRIATIONS FOR THE CONCERTED ACTION PROJECT SHALL BE PREPARED AND TRANSMITTED TO THE PARTICIPATING NON-MEMBER STATES FOR INFORMATION .
ANNEX TO ANNEX C
PROVISIONAL TIMETABLE FOR THE CONCERTED ACTION PROJECT " TREATMENT AND USE OF SEWAGE SLUDGE " ( COST PROJECT 68TER )
* ( ECU ) *
*1981*1982*1983*TOTAL*
*AC*AP*AC*AP*AC*AP*AC*AP*
1 . INITIAL ESTIMATE OF OVERALL REQUIREMENTS*********
- STAFF* - * - * - * - * - * - * - * - *
- ADMINISTRATIVE OPERATING EXPENDITURE*70 000*70 000* 70 000*70 000*60 000*60 000*200 000*200 000*
- CONTRACTS* - * - * - * - * - * - * - * - *
TOTAL*70 000*70 000*70 000*70 000*60 000*60 000*200 000* 200 000*
2 . REVISED ESTIMATE OF EXPENDITURE TAKING INTO ACCOUNT ADDITIONAL REQUIREMENTS ARRIVING FROM THE ACCESSION OF PARTICIPATING NON-MEMBER STATES*********
- STAFF* - * - * - * - * - * - * - * - *
- ADMINISTRATIVE OPERATING EXPENDITURE*70 000 ( 1 + N/10 ) *70 000 ( 1 + N/10 ) *70 000 ( 1 + N/10 ) *70 000 ( 1 + N/10 ) *60 000 ( 1 + N/10 ) *60 000 ( 1 + N/10 ) *200 000 ( 1 + N/10 ) *200 000 ( 1 + N/10 ) *
- CONTRACTS* - * - * - * - * - * - * - * - *
NEW TOTAL*70 000 ( 1 + N/10 ) *70 000 ( 1 + N/10 ) *70 000 ( 1 + N/10 ) *70 000 ( 1 + N/10 ) *60 000 ( 1 + N/10 ) *60 000 ( 1 + N/10 ) *200 000 ( 1 + N/10 ) *200 000 ( 1 + N/10 ) *
3 . DIFFERENCE BETWEEN ( 1 ) AND ( 2 ) TO BE COVERED BY CONTRIBUTION FROM PARTICIPATING NON-MEMBER STATES*N/10 70 000*N/10 70 000*N/10 70 000*N/10 70 000*N/10 60 000*N/10 60 000*N/10 200 000*N/10 200 000*
N = NUMBER OF PARTICIPATING NON-MEMBER STATES .
AC = ACCOUNT CREDITED .
AP = ACCOUNT PAID .
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