COUNCIL DECISION of 7 June 1991 adopting a specific research and technological development programme in the field of communication technologies (1990 to 1994) (91/352/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 130q (2) thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, by Decision 90/221/Euratom, EEC (4), the Council adopted a third framework programme for Community activities in the field of research and technological development (1990 to 1994), specifying inter alia the activities to be pursued in the field of communication technologies; whereas this Decision should be taken in the light of the grounds set out in the preamble to that Decision;
Whereas Article 130k of the Treaty stipulates that the framework programme shall be implemented through specific programmes developed within each activity;
Whereas in addition to the specific programme concerning human resources and mobility, it might be necessary to encourage the training of research workers in the context of this programme;
Whereas, pursuant to Article 4 of and Annex I to Decision 90/221/Euratom, EEC, the amount deemed necessary for the whole framework programme includes an amount of ECU 57 million for the centralized dissemination of knowledge and exploitation of results of the programmes, to be divided up in proportion to the amount envisaged for each specific programme;
Whereas, in the context of this programme, an assessment should be made of economic and social impact as well as of any technological risks;
Whereas Decision 90/221/Euratom, EEC provides that a particular aim of Community research must be to strengthen
the scientific and technological basis of European industry, particularly in strategic sectors of advanced technology,
and to encourage it to become more competitive at the international level; whereas it also provides that Community action is justified where research contributes, inter alia, to the strengthening of the economic and social cohesion of the Community and to the promotion of its harmonious development, while being consistent with the pursuit of scientific and technical excellence; whereas this should contribute to the achievement of these objectives;
Whereas small and medium-sized enterprises should be involved to the maximum extent possible in this programme; whereas account should be taken of their special requirements without prejudice to the scientific and technical quality of this programme;
Whereas the constitution or consolidation of a specifically European industrial potential in the technologies concerned is an urgent necessity; whereas its beneficiaries must be network operators, research establishments, undertakings, including small and medium-sized undertakings and other bodies established in the Community which are best suited to attain these objectives;
Whereas priorities include integrated broadband communication system functions, intelligence in networks, mobile and personal communication, image and data communications, integrated services technologies, advanced communications experiments, information security technologies and test infrastructures; whereas the work includes R& D on systems engineering, advanced communications technology and validation of standards and common functional specifications;
Whereas basic research must be encouraged as far as is necessary throughout the Community;
Whereas the Scientific and Technical Research Committee (Crest) has been consulted,
HAS ADOPTED THIS DECISION: Article 1 A specific research and technological development programme for the European Economic Community in the field of communication technologies, as defined in Annex I, is hereby adopted for a period beginning on 7 June 1991 and ending on 31 December 1994.
Article 2
1. The funds estimated as necessary for the execution of the programme amount to ECU 484,1 million, including expenditure on staff and administration amounting to ECU 41 million.
2. An indicative breakdown of funds is set out in Annex II.
3. Should the Council take a decision pursuant to Article 1 (4) of Decision 90/221/Euratom, EEC, this Decision shall be adapted accordingly. Article 3 Detailed rules for the implementation of the programme and the amount of the Community's financial contribution are set out in Annex III. Article 4 1. In the second year of implementation of the programme, the Commission shall review it and send a report on the results of its review to the European Parliament and the Council; the report shall be accompanied,
where necessary, by proposals for amendment of the programme.
2. At the end of the programme, an evaluation of the results achieved shall be conducted for the Commission by a group of independent experts. This group's report, together with its comments, shall be submitted to the European Parliament and the Council.
3. The reports referred to in paragraphs 1 and 2 shall be established having regard to the objectives set out in Annex I to this Decision and in accordance with Article 2 (4) of Decision 90/221/Euratom, EEC. Article 5 1. The Commission shall be responsible for the implementation of the programme.
2. Contracts concluded by the Commission shall govern the rights and obligations of each party, in particular
the arrangements for the dissemination, protection and exploitation of research results, in accordance with the provisions adopted pursuant to the second paragraph of Article 130k of the Treaty.
3. A work programme shall be drawn up in accordance with the objectives defined in Annex I and updated where necessary. It shall set out the detailed objectives and types of projects to be undertaken, and the financial arrangements to be made for them. The Commission shall draw up calls
for proposals for projects on the basis of the work programme. Article 6 1. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission.
2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.
4. If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
5. If, on the expiry of a period of three months from referral of the matter to the Council, the latter has not acted, the proposed measures shall be:
- adopted by the Commission, in the case of matters covered by the second, third, fourth, fifth, sixth, seventh and eighth indents of Article 7,
- adopted by the Commission, save where the Council has decided against the said measures by a simple majority,
in the case of matters covered by the first indent of Article 7. Article 7 1. The procedure laid down in Article 6 shall apply to:
- the preparation and updating of the work programme referred to in Article 5 (3),
- the assessment of the projects provided for in Annex III and the estimated amount of the Community's contribution to them where that amount exceeds ECU 2 million,
- the contents of the calls for proposals,
- any adaptation of the indicative breakdown of the amount set out in Annex II,
- the measures to be undertaken to evaluate the programme,
- arrangements for the dissemination, protection and exploitation of the results of research carried out under the programme,
- departures from the general rules set out in Annex III.
- the participation in any project by non-Community organizations and enterprises referred to in Article 8 (1) and (2).
2. Where, pursuant to the second indent of paragraph 1, the amount of the Community contribution is less than or equal to ECU 2 million, the Commission shall inform the Committee of the projects and of the outcome of their assessment.
The Commission shall also inform the Committee of the implementaton of the accompanying measures and the concerted action projects referred to in Annex III. Article 8 1. The Commission is authorized to negotiate, in accordance with Article 130n of the Treaty, international agreements with third countries which are members of COST, particularly the member countries of EFTA and the countries of Central and Eastern Europe, with a view to associating them with the whole programme or a part
of it.
2. Where framework agreements for scientific and technical cooperation have been concluded between the Community and European non-member States, bodies and enterprises established in those countries may, in accordance
with the procedure laid down in Article 6 and on the basis
of the criterion of mutual benefit, be allowed to become partners in a project undertaken within the programme.
No contracting body based outside the Community and participating as a partner in a project undertaken under the programme may benefit from Community financing for this programme. The body concerned shall contribute to the general administrative costs. Article 9 This Decision is addressed to the Member States.
Done at Luxembourg, 7 June 1991.