# CE2013153EN.01018301.xml

| 31.5.2013 | EN | Official Journal of the European Union | CE 153/183 |
| --- | --- | --- | --- |

31.5.2013

EN

Official Journal of the European Union

CE 153/183

---

Tuesday 15 November 2011Participation of undertakings, research centres and universities in indirect actions under the framework programme of the European Atomic Energy Community *

P7_TA(2011)0489

European Parliament legislative resolution of 15 November 2011 on the proposal for a Council regulation (Euratom) laying down the rules for the participation of undertakings, research centres and universities in indirect actions under the Framework Programme of the European Atomic Energy Community and for the dissemination of research results (2012-2013) (COM(2011)0071 – C7-0076/2011 – 2011/0045(NLE))

2013/C 153 E/34

(Consultation)

The European Parliament,

The European Parliament

| — | having regard to the Commission proposal to the Council (COM(2011)0071), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2011)0071),

| — | having regard to Articles 7 and 10 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C7-0076/2011), |
| --- | --- |

—

having regard to Articles 7 and 10 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C7-0076/2011),

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy (A7-0345/2011), |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy (A7-0345/2011),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;

| 5. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and the Commission.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENT |
| --- | --- |
| Amendment 1 |
| Proposal for a regulation


  Recital 1 |
| (1) | The Framework Programme of the European Atomic Energy Community for nuclear research and training activities for 2012-2013, hereinafter ‧the Framework Programme (2012-2013)‧, was adopted by Council Decision No .../.../Euratom of ... concerning the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013). It is the responsibility of the Commission to ensure the implementation of the Framework Programme (2012-2013) and its specific programmes, including the related financial aspects. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENT

Amendment 1

Amendment 1

Proposal for a regulation

Proposal for a regulation

Recital 1

Recital 1

(1)

The Framework Programme of the European Atomic Energy Community for nuclear research and training activities for 2012-2013, hereinafter ‧the Framework Programme (2012-2013)‧, was adopted by Council Decision No .../.../Euratom of ... concerning the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013). It is the responsibility of the Commission to ensure the implementation of the Framework Programme (2012-2013) and its specific programmes, including the related financial aspects.

| (1) | The Framework Programme of the European Atomic Energy Community for nuclear research and training activities for 2012-2013, hereinafter ‧the Framework Programme (2012-2013)‧,
  which
  was adopted by Council Decision No .../.../Euratom of ... concerning the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013
  , is intended to complement the other actions of the Union in the area of research policy that are necessary for the implementation of the Europe 2020 strategy, in particular those relating to education and training, competitiveness and innovation, industry, employment and the environment.
  It is the responsibility of the Commission to ensure the implementation of the Framework Programme (2012-2013) and its specific programmes, including the related financial aspects. |
| --- | --- |

(1)

The Framework Programme of the European Atomic Energy Community for nuclear research and training activities for 2012-2013, hereinafter ‧the Framework Programme (2012-2013)‧,
  which
  was adopted by Council Decision No .../.../Euratom of ... concerning the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013
  , is intended to complement the other actions of the Union in the area of research policy that are necessary for the implementation of the Europe 2020 strategy, in particular those relating to education and training, competitiveness and innovation, industry, employment and the environment.
  It is the responsibility of the Commission to ensure the implementation of the Framework Programme (2012-2013) and its specific programmes, including the related financial aspects.

which

, is intended to complement the other actions of the Union in the area of research policy that are necessary for the implementation of the Europe 2020 strategy, in particular those relating to education and training, competitiveness and innovation, industry, employment and the environment.

Amendment 2

Amendment 2

Proposal for a regulation

Proposal for a regulation

Recital 4 a (new)

Recital 4 a (new)

| (4a) | The Framework Programme (2012-2013) should contribute to achieving the Innovation Union that is one of the flagship initiatives of the Europe 2020 strategy, by reinforcing competition with a view to scientific excellence and accelerating the implementation of key innovations in the field of nuclear energy, especially as regards nuclear fusion and safety, while also playing a part in meeting the challenges of the energy sector and climate change. |
| --- | --- |

(4a)

(4a)

The Framework Programme (2012-2013) should contribute to achieving the Innovation Union that is one of the flagship initiatives of the Europe 2020 strategy, by reinforcing competition with a view to scientific excellence and accelerating the implementation of key innovations in the field of nuclear energy, especially as regards nuclear fusion and safety, while also playing a part in meeting the challenges of the energy sector and climate change.

The Framework Programme (2012-2013) should contribute to achieving the Innovation Union that is one of the flagship initiatives of the Europe 2020 strategy, by reinforcing competition with a view to scientific excellence and accelerating the implementation of key innovations in the field of nuclear energy, especially as regards nuclear fusion and safety, while also playing a part in meeting the challenges of the energy sector and climate change.

Amendment 3

Amendment 3

Proposal for a regulation

Proposal for a regulation

Recital 4 b (new)

Recital 4 b (new)

| (4b) | The design and implementation of the Framework Programme (2012-2013) should be based on the principles of simplicity, stability, transparency, legal certainty, consistency, excellence and trust following the recommendations of the European Parliament in its resolution of 11 November 2010 on simplifying the implementation of the Research Framework Programmes (1). |
| --- | --- |

(4b)

(4b)

The design and implementation of the Framework Programme (2012-2013) should be based on the principles of simplicity, stability, transparency, legal certainty, consistency, excellence and trust following the recommendations of the European Parliament in its resolution of 11 November 2010 on simplifying the implementation of the Research Framework Programmes (1).

The design and implementation of the Framework Programme (2012-2013) should be based on the principles of simplicity, stability, transparency, legal certainty, consistency, excellence and trust following the recommendations of the European Parliament in its resolution of 11 November 2010 on simplifying the implementation of the Research Framework Programmes (1

Amendment 4

Amendment 4

Proposal for a regulation

Proposal for a regulation

Recital 5 a (new)

Recital 5 a (new)

| (5a) | Increased attention and budget spending are needed for initiatives ancillary to core nuclear research, in particular as regards investment in human capital and actions aimed at addressing the risk of skills shortages in the coming years (e.g. grants to researchers in the nuclear field) and the consequent loss of leadership for the Union. |
| --- | --- |

(5a)

(5a)

Increased attention and budget spending are needed for initiatives ancillary to core nuclear research, in particular as regards investment in human capital and actions aimed at addressing the risk of skills shortages in the coming years (e.g. grants to researchers in the nuclear field) and the consequent loss of leadership for the Union.

Increased attention and budget spending are needed for initiatives ancillary to core nuclear research, in particular as regards investment in human capital and actions aimed at addressing the risk of skills shortages in the coming years (e.g. grants to researchers in the nuclear field) and the consequent loss of leadership for the Union.

Amendment 5

Amendment 5

Proposal for a regulation

Proposal for a regulation

Recital 6 a (new)

Recital 6 a (new)

| (6a) | Special attention should be paid to the development of contractual arrangements that reduce the risk of failure to perform as well as the reallocation of risks and costs over time. |
| --- | --- |

(6a)

(6a)

Special attention should be paid to the development of contractual arrangements that reduce the risk of failure to perform as well as the reallocation of risks and costs over time.

Special attention should be paid to the development of contractual arrangements that reduce the risk of failure to perform as well as the reallocation of risks and costs over time.

Amendment 6

Amendment 6

Proposal for a regulation

Proposal for a regulation

Recital 8

Recital 8

| (8) | The Framework Programme (2012-2013) should promote participation from the outermost regions of the Community, as well as from a wide range of undertakings, research centres and universities. |
| --- | --- |

(8)

The Framework Programme (2012-2013) should promote participation from the outermost regions of the Community, as well as from a wide range of undertakings, research centres and universities.

| (8) | The Framework Programme (2012-2013) should promote participation from the outermost regions of the Community, as well as from a wide range of undertakings, research centres and universities
  , whose research activities should be based on respect for fundamental ethical principles, especially those laid down in the Charter of Fundamental Rights of the European Union
  . |
| --- | --- |

(8)

The Framework Programme (2012-2013) should promote participation from the outermost regions of the Community, as well as from a wide range of undertakings, research centres and universities
  , whose research activities should be based on respect for fundamental ethical principles, especially those laid down in the Charter of Fundamental Rights of the European Union
  .

, whose research activities should be based on respect for fundamental ethical principles, especially those laid down in the Charter of Fundamental Rights of the European Union

Amendment 7

Amendment 7

Proposal for a regulation

Proposal for a regulation

Recital 23 a (new)

Recital 23 a (new)

| (23a) | The implementation of ITER in Europe, pursuant to the agreement of 21 November 2006 on the establishment of the ITER International Fusion Energy Organisation in the context of the joint implementation of the ITER project, should constitute the central element of research activity in the area of fusion under the Framework Programme (2012-2013). |
| --- | --- |

(23a)

(23a)

The implementation of ITER in Europe, pursuant to the agreement of 21 November 2006 on the establishment of the ITER International Fusion Energy Organisation in the context of the joint implementation of the ITER project, should constitute the central element of research activity in the area of fusion under the Framework Programme (2012-2013).

The implementation of ITER in Europe, pursuant to the agreement of 21 November 2006 on the establishment of the ITER International Fusion Energy Organisation in the context of the joint implementation of the ITER project, should constitute the central element of research activity in the area of fusion under the Framework Programme (2012-2013).

Amendment 8

Amendment 8

Proposal for a regulation

Proposal for a regulation

Article 11 – paragraph 2

Article 11 – paragraph 2

They may also lay down, according to the nature and objectives of the indirect action, additional conditions to be met as regards type of participant and, where appropriate, place of establishment.

They may also lay down, according to the nature and objectives of the indirect action, additional
  justified
  conditions to be met as regards type of participant and, where appropriate, place of establishment.

justified

Amendment 9

Amendment 9

Proposal for a regulation

Proposal for a regulation

Article 12 – paragraph 3

Article 12 – paragraph 3

3.   Calls for proposals shall have clear objectives so as to ensure that applicants do not respond needlessly.

3.   Calls for proposals shall have clear
  quantitative and qualitative
  objectives so as to ensure that applicants do not respond needlessly.

quantitative and qualitative

Amendment 10

Amendment 10

Proposal for a regulation

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 2

Article 14 – paragraph 1 – subparagraph 2

The criteria shall be those of excellence, impact and implementation. Within these conditions, the work programme shall further specify the evaluation and selection criteria and may add additional requirements, weightings and thresholds, or set out further details on the application of the criteria.

The criteria shall be those of excellence, impact and implementation. Within these conditions, the work programme shall further specify the evaluation and selection criteria and may add
  clearly justified
  additional requirements, weightings and thresholds, or set out further details on the application of the criteria.

clearly justified

Amendment 11

Amendment 11

Proposal for a regulation

Proposal for a regulation

Article 14 – paragraph 3 a (new)

Article 14 – paragraph 3 a (new)

3a.
     
  All stages of the process should be optimised in order to avoid delay and encourage cost-effectiveness. That involves access to draft work programmes, publication of calls for proposals, drafting of proposals, the selection procedures and the time taken to approve and to pay grants.

3a.

All stages of the process should be optimised in order to avoid delay and encourage cost-effectiveness. That involves access to draft work programmes, publication of calls for proposals, drafting of proposals, the selection procedures and the time taken to approve and to pay grants.

Amendment 12

Amendment 12

Proposal for a regulation

Proposal for a regulation

Article 16 – paragraph 2 – subparagraph 4

Article 16 – paragraph 2 – subparagraph 4

Appropriate measures shall be taken to ensure a reasonable gender balance
  when appointing groups of independent experts
  .

when appointing groups of independent experts

Appropriate measures shall be taken
  when appointing groups of independent experts
  to ensure a reasonable gender balance and
  a balance between Member States undertaking research and training in the nuclear field
  .

when appointing groups of independent experts

a balance between Member States undertaking research and training in the nuclear field

Amendment 13

Amendment 13

Proposal for a regulation

Proposal for a regulation

Article 16 – paragraph 2 – subparagraph 4 a (new)

Article 16 – paragraph 2 – subparagraph 4 a (new)

Appropriate measures shall be taken to ensure an adequate balance between industry (including SMEs) and academia when appointing groups of independent experts.

Appropriate measures shall be taken to ensure an adequate balance between industry (including SMEs) and academia when appointing groups of independent experts.

Amendment 14

Amendment 14

Proposal for a regulation

Proposal for a regulation

Article 30 – paragraph 3 – subparagraph 1 – point e

Article 30 – paragraph 3 – subparagraph 1 – point e

| (e) | they must be exclusive of non-eligible costs, in particular identifiable indirect taxes including value added tax, duties, interest owed,
  provisions for possible future losses or charges,
  exchange losses, cost related to return on capital, costs declared or incurred, or reimbursed in respect of another Union project, debt and debt service charges, excessive or reckless expenditure, and any other cost that does not meet the conditions referred to in points (a) to (d). |
| --- | --- |

(e)

they must be exclusive of non-eligible costs, in particular identifiable indirect taxes including value added tax, duties, interest owed,
  provisions for possible future losses or charges,
  exchange losses, cost related to return on capital, costs declared or incurred, or reimbursed in respect of another Union project, debt and debt service charges, excessive or reckless expenditure, and any other cost that does not meet the conditions referred to in points (a) to (d).

provisions for possible future losses or charges,

| (e) | they must be exclusive of non-eligible costs, in particular identifiable indirect taxes including
  non-recoverable
  value added tax, duties, interest owed, exchange losses, cost related to return on capital, costs declared or incurred, or reimbursed in respect of another Union project, debt and debt service charges, excessive or reckless expenditure, and any other cost that does not meet the conditions referred to in points (a) to (d). |
| --- | --- |

(e)

they must be exclusive of non-eligible costs, in particular identifiable indirect taxes including
  non-recoverable
  value added tax, duties, interest owed, exchange losses, cost related to return on capital, costs declared or incurred, or reimbursed in respect of another Union project, debt and debt service charges, excessive or reckless expenditure, and any other cost that does not meet the conditions referred to in points (a) to (d).

non-recoverable

Amendment 15

Amendment 15

Proposal for a regulation

Proposal for a regulation

Article 52 – paragraph 2 – point a

Article 52 – paragraph 2 – point a

| (a) | under the Contracts of Association at a rate not exceeding 40 %: expenditure of specific cooperative projects between the Associates which have been recommended for priority support by the consultative committee and approved by the Commission; priority support will concentrate on
  actions of relevance to
  the
  ITER/DEMO, except in the case of projects already awarded priority status in earlier framework programmes
  ; |
| --- | --- |

(a)

under the Contracts of Association at a rate not exceeding 40 %: expenditure of specific cooperative projects between the Associates which have been recommended for priority support by the consultative committee and approved by the Commission; priority support will concentrate on
  actions of relevance to
  the
  ITER/DEMO, except in the case of projects already awarded priority status in earlier framework programmes
  ;

actions of relevance to

ITER/DEMO, except in the case of projects already awarded priority status in earlier framework programmes

| (a) | under the Contracts of Association at a rate not exceeding 40 %: expenditure of specific cooperative projects between the Associates which have been recommended for priority support by the consultative committee and approved by the Commission; priority support will concentrate on
  experiments aimed at optimising
  the
  performance of ITER and contributing to the definition of the DEMO programme
  ; |
| --- | --- |

(a)

under the Contracts of Association at a rate not exceeding 40 %: expenditure of specific cooperative projects between the Associates which have been recommended for priority support by the consultative committee and approved by the Commission; priority support will concentrate on
  experiments aimed at optimising
  the
  performance of ITER and contributing to the definition of the DEMO programme
  ;

experiments aimed at optimising

performance of ITER and contributing to the definition of the DEMO programme

---

(1)  
  Texts adopted, P7_TA(2010)0401.

1

Texts adopted, P7_TA(2010)0401.

---