COUNCIL DECISION of 9 September 1991 adopting a specific programme of research and technological development in the field of industrial and materials technologies (1990 to 1994) (91/506/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 for developing the scientific knowledge and technical know-how needed by the Community, in particular to carry out its role in the field of industrial and materials 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 scientific programmes developed within each activity;
Whereas the Joint Research Centre (JRC) for its part contributes, by means of its own programme, to the realization of these activities;
Whereas it is necessary for the Community and Europe as a whole to react appropriately to the challenges confronting them at international level in the field of innovative industrial and materials technologies;
Whereas, pursuant to Article 4 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 and exploitation of results, of be divided up in proportion to the amount envisaged for each specific programme;
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 overall harmonious development, while being consistent with the pursuit of scientific and technical excellence; whereas the programme of research in the field of industrial and materials technologies should contribute to the achievement of these objectives;
Whereas it is a matter of urgency that a specifically European industrial potential be created or consolidated in the technologies in question; whereas the beneficiaries must be research establishments, undertakings, including small and medium-sized enterprises (SMEs), and other bodies established within the Community which are most likely to achieve these objectives;
Whereas SMEs 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 the programme;
Whereas in addition to the specific programme concerning human resources and mobility, it is necessary to encourage the training of research workers and engineers in the context of this programme;
Whereas the social, human and environmental impact 90/221/Euratom, EEC, any technological hazards should be assessed in the context of this programme;
Whereas basic research must be encouraged as far as necessary throughout the Community;
Whereas it is necessary, as provided in Annex II to Decision 90/221/Euratom, EEC, to promote basic technical research, the integration of new technologies by user industries and the acquisition of the scientific and technical knowledge necessary for establishing standards and codes of good practice facilitating the transfer of these technologies;
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 Community in the field of industrial and materials technologies, hereinafter referred to as the 'programme', as defined in Annex I, is hereby adopted for a period running from 9 September 1991 to 31 December 1994.
Article 2
1. The funds estimated as necessary for the execution of the programme amount to ECU 663,3 million, including expenditure on staff and administration amounting to ECU 35 million.
2. An indicative allocation of funds is set out in Annex II.
3. Should the Council take a decision in implementation of 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 submit 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 any comments by the Commission, 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. 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 Article 130k (2) of the Treaty.
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 draw up calls for proposals for projects on the basis of the work programme.
Article 6
1. The Commission shall be responsible for the implementation of the programme. It 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 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 as regards adoption 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 when 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 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 (2),
- the contents of the calls for proposals,
- the assessment of the projects provided for in Annex III and the estimated amount of the Community's contribution to them where this amount exceeds ECU 0,75 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 (1) and (2),
- 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.
2. Where, pursuant to the third indent of paragraph 1, the amount of the Community contribution is less than or equal to ECU 0,75 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, including the feasibility premiums, the cooperative research projects and the concerted actions 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 country members of COST, in particular member countries of the European Free Trade Association (EFTA) and Central and Eastern European countries with a view to associating them with the whole or part of the programme.
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 procedures 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. Such bodies shall contribute to the general administrative costs.
Article 9
This Decision is addressed to the Member States. Done at Brussels, 9 September 1991.