COUNCIL DECISION of 16 March 1992 on a specific research and technological development programme in the field of human capital and mobility (1990 to 1994) (92/217/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 modified 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 its 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 for the management of intellectual resources (human and mobility); 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 is to be implemented through specific programmes developed within each activity;
Whereas, pursuant to Article 4 and Annex I of 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 and exploitation of results, to be divided up in proportion to the amount envisaged for each of the actions;
Whereas in the context of this programme an assessment should be made of the economic and social impact as well as any eventual 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, and to encourage it to become more competitive at the international level; whereas that Decision 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 overall harmonious development, while being consistent with the pursuit of scientific and technical excellence; whereas this programme should contribute of the achievement of those objectives;
Whereas the training of young European scientists is one of the priorities of the third framework programme as is the mobility of research staff and the creation of scientific and technological research cooperation networks;
Whereas any action designed to exploit the potential of the Community's intellectual resources must essentially be of benefit to the scientists and researchers themselves;
Whereas a further objective of this programme should be to contribute to the creation of a 'researcher's Europe', through the europeanization of their advanced training, enabling it to take place in a Member State other than their state of origin;
Whereas a suitable application of the subsidiarity principle in this field implies the extending of training received by young researchers in their own country by enabling them, through traineeships made available by the Community, to develop a research activity in a team or laboratory of recognized quality situated in another Member State;
Whereas in order to increase and improve the supply of host opportunities, in would appear useful also to provide for networks of associated teams or laboratories of recognized quality and for possibilities for access to major installations;
Whereas the Joint Research Centre (JRC) with its laboratories and installations can effectively be included among those organizations capable of playing an important role in the training of young researchers and the setting up of networks and shall contribute through its own programme to the implementation of the activities of this present programme;
Whereas it is appropriate to adopt decentralized methods of selecting candidates thereby closely associating teams or laboratories of recognized quality with the implementation of this action;
Whereas the setting up of the network infrastructure is of great importance for the achievement of the objectives of the Community's research and technological development (R& TD) policy, since it will consolidate and supplement the structuring effects of the thematic programmes;
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 human capital and mobility, as defined in Annex I, is hereby adopted for a period commencing on 16 March 1992 and ending on 31 December 1994.
Article 2
1. The funds estimated as necessary for the execution of the programme amount to ECU 488,07 million, including expenditure on staff and administration amounting to ECU 15 million.
2. An indicative allocation of funds is set out in Annex II.
3. If the Council takes a Decision pursuant to Article 1 (4) of Decision 90/221/Euratom, EEC, this Decision shall be adapted accordingly.
Article 3
1. 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 the 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 Community by a group of independent experts. The group's report, together with the Commission's 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 aims set out 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 make calls for proposals for projects on the basis of the work programme.
Article 6
The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission.
The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion 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 provided for 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.
The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.
If the measures envisaged are not in accordance with the committee's opinion, 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.
If, on the expiry of a period of three months from referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.
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 contents of the calls for proposals,
- the assessment of proposed activities as provided for in Annex III and the estimated amount of the Community's contribution to them where this amount exceeds ECU 0,1 million,
- 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,
- any adaptation of the indicative allocation 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,
- arrangements for the possible decentralized management of the programme as provided for in Annex III.
2. In Area 1 (training) of the programme where, pursuant to the third indent of paragraph 1 of this Article, the amount of the Community contribution is less than or equal to ECU 0,1 million, the Commission shall inform the Committee about the progress of selection procedures for institutions and researchers. The Commission shall communicate to the Committee all necessary information.
In the other areas of the programme, where, pursuant to the third indent of paragraph 1 of this Article, the amount of the Community contribution is less than or equal to ECU 0,1 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 implementation of the accompanying measures referred to in Annex III.
Article 8
1. The Commission is hereby authorized to negotiate, in accordance with Article 130n of the Treaty, international agreements with third countries which are members of COST, in particular the member countries of EFTA and the countries of Central and Eastern Europe, with a view to associating them with all or part of the programme.
2. Bodies and undertakings established in European third countries may, in accordance with the procedures laid down in Article 6 and on the basis of the criterion of mutual benefit, be admitted to an action undertaken within this programme.
No contracting body based outside the Community and participating in an action undertaken within the programme may benefit from the Community financing of the programme. Such a body shall contribute to the general administrative costs.
Article 9
This Decision is addressed to the Member States.
Done at Brussels, 16 March 1992.