COUNCIL DECISION of 29 April 1992 on the dissemination and exploitation of knowledge resulting from the specific programmes of research and technological development of the Community (92/272/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 Article 130g (c) of the Treaty states that the Community, complementing the activities carried out in the Member States, is to carry out activities for the dissemination and optimization of the results of activities in Community research, technological development and demonstration;
Whereas the second paragraph of Article 130k of the Treaty stipulates that the Council shall define the detailed arrangements for the dissemination of knowledge resulting from the specific programmes;
Whereas the Treaty establishing the European Coal and Steel Community stipulates that the Commission is to carry out activities in the coal and steel sector which do not form part of the Framework Programme for research and technological development, the results of which must be disseminated and used by means of suitable separate activities, using the resources of the ECSC 'operating budget';
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 developing the scientific knowledge and technical know-how needed by the Community and providing that the detailed arrangements for the dissemination of the knowledge gained, in particular the definition and the implementation of the centralized action, should be the subject of a Council Decision;
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 exploitation and dissemination of knowledge resulting form the specific R & D programmes;
Whereas the Euratom Treaty contains detailed provisions for the dissemination of information which apply, inter alia, to nuclear research programmes;
Whereas the decisions relating to the research and training programmes in the fields of controlled thermonuclear fusion (1990-1994) and nuclear fission safety (1990-1994), together with the activities undertaken by the Joint Research Centre in the field of nuclear research, envisage that the amount estimated as necessary as the contribution of these programmes to the present centralized action for the dissemination and exploitation of results is ECU 6,57 million;
Whereas the dissemination of knowledge and exploitation of results should be dealt with in a coherent manner;
Whereas it is necessary to ensure the coherence of schemes for disseminating the knowledge resulting from specific programmes in the Framework Programme; whereas such coherence must be based on general rules which guarantee the protection of the legitimate interests of the public and private contracting parties and of the rights linked to the obtaining and exploitation of the results, as well as their exploitation in conformity with the Community's interests, in particular with respect to its economic and social cohesion;
Whereas, in order to improve the insertion of Community research into a broader context and to optimize the utilization of the knowledge which results from it, it is important that the centralized action should both intensify its emphasis on the research-industry interface and widen its scope to the research-science and research-society interfaces;
Whereas it is desirable to cooperate with existing networks for the dissemination and the promotion of innovation and to encourage new networks where these do not exist;
Whereas links with complementary mechanisms for downstream exploitation should also be developed, in particular with the Eureka initiative;
Whereas, in the context of this action, an assessment should be made of the economic and social impact as well as of any eventual technological risks;
Whereas basic research in the field of the dissemination and exploitation of R & D knowledge must be encouraged throughout the Community;
Whereas, in addition to the specific programme concerning human resources an mobility, it is necessary to encourage the training of research workers in the context of this action;
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 international level; whereas it also provides that Community action is justified where research contributes, inter alia, to the strengthen 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 the present action is looked upon as contributing to the achievement of these objectives;
Whereas small and medium-sized enterprises (SMEs) should be involved to the maximum extent possible in this action; whereas account should be taken of their special requirements, without prejudice to the scientific and technical quality of the programme;
Whereas, in accordance with Article 130g of the Treaty, the Community's activities aimed at strengthening the scientific and technological basis of European industry and encouraging it to become more competitive include promoting cooperation on research and technological development with third countries and international organizations; whereas such cooperation may prove particularly beneficial for the development of this action;
Whereas the Scientific and Technical Research Committee (Crest) has delivered its opinion,
HAS ADOPTED THIS DECISION:
Article 1
1. The dissemination and exploitation of knowledge shall be carried out as part of the specific programmes and by means of a centralized action.
2. The centralized action, as defined in Annex I, shall ensure overall coordination and coherence in the field covered by the Framework Programme. It is adopted for the period running from 29 April 1992 to 31 December 1994.
Article 2
1. The amount of Community expenditure deriving from the levies on the funds estimated as necessary for the execution of the specific programmes, with a view to the implementation of the centralized action established by this Decision, is estimated at ECU 57 million, including expenditure on staff and administration amounting to ECU 9 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
Detailed rules for the implementation of the programme and the amout of the Community's financial contribution are set out in Annex III.
Article 4
1. In the course of the second year of the implementation of the action, the Commission shall review it and send a report on the results of its review ot the European Parliament, the Council and the Economic and Social Committee; the report shall be accompanied, where necessary, by proposals for amendment of the action.
2. At the end of the action, an evaluation of the results achieved shall be conducted for the Commission by a Group of independent experts. The Group's report, together with the Commission's comments, shall be submitted to the European Parliament, the Council and the Economic and Social Committee.
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 action.
2. 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
For the execution of this action, insofar as it relates to the specific programmes based on Article 130q (2) of the Treaty, the Commission shall be assisted by a committee composed of the 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 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.
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 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.
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.
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 (2),
- the contents of the calls for proposals,
- the assessment of the projects proposed and the estimated amount of the Community's contribution to them, where this amount exceeds ECU 150 000,
- departures from the general rules set out in Annex III,
- any adaptation of the indicative breakdown of the amount set out in Annex II,
- the measures to be undertaken to evaluate the action,
- measures for implementing the rules laid down in Article 8.
2. Where, pursuant to the third indent of paragraph 1, the amount of the Community contribution is less than or equal to, ECU 150 000, the Commission shall inform the committee of the projects and concerted actions 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
For the execution of this action, insofar as it relates to the dissemination and exploitation of knowledge resulting from the specific programmes based on Article 130a (2) of the Treaty, hereinafter referred to as 'knowledge', the following rules, while respecting pre-existing rights, shall apply:
(a) the knowledge resulting from work undertaken directly or the cost of which is wholly supported by the Community shall in principle be the property of the Community.
The knowledge resulting from work under a shared-cost contract shall be the property of the contractors who carry out the work. They shall agree between themselves on particular arrangements for such ownership;
(b) knowledge which could be used in an industrial or commercial application, if its nature justifies such a measure, shall be protected in any appropriate form to the extent required in the light of the interests of the Community and its co-contractors and in accordance with any applicable legislation or convention;
(c) the Community and its co-contractors shall be required to exploit the knowledge in their possession, or have it exploited, in conformity with the Community's interests and taking full account of the objective of strengthening the international competitiveness of European industry and the economic and social cohesion in the Community;
(d) knowledge belonging to the Community shall be made available to its co-contractors and to interested third parties established in the Community who undertake to exploit it, or have it exploited, in conformity with the Community's interests. Such provision of knowledge may be subject to appropriate conditions, particularly concerning the payment of fees.
All contractors shall make the knowledge in their possession, together with any information necessary for its use, available to the co-contractors and to interested third parties under contractually defined conditions, provided that the interests of the Community and the legitimate interests of its co-contractors are safeguarded;
(e) the Commission shall ensure that knowledge suitable for dissemination according to the contractual terms is disseminated or published either by the Commission itself or by its co-contractors, without any restriction other than those imposed by the need to safeguard intellectual and industrial property, confidentiality or legitimate commercial interests.
The Commission shall lay down the arrangements for implementing the rules laid down in the first subparagraph of this Article, in accordance with the procedure described in Article 6.
Article 9
This Decision is addressed to the Member States.
Done at Luxembourg, 29 April 1992.