COUNCIL DECISION of 23 November 1994 adopting a specific programme for research and technological development, including demonstration, in the field of non-nuclear energy (1994 to 1998) 94/806/EC
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 130i (4) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, by Decision No 1110/94/EC (4), the European Parliament and the Council adopted a fourth framework programame for Community activities in the field of research, technological development and demonstration (RTD) for the period 1994 to 1998 specifying inter alia the activities to be carried out in the field of non-nuclear energy; whereas this Decision takes account of the grounds set out in the preamble to that Decision;
Whereas Article 130i (3) of the Treaty stipulates that the framework programme shall be implemented through specific programmes developed within each activity under the framework programme and that each specific programme shall define the detailed rules for its implementation, fix its duration and provide for the means deemed necessary;
Whereas the amount deemed necessary for carrying out this programme is ECU 967 million; whereas the appropriations for each financial year shall be laid down by the budgetary authority, subject to the availability of resources within the financial perspectives and the conditions set out in Article 1 (3) of Decision No 1110/94/EC;
Whereas the promotion of engery technologies, including the demonstration of those technologies and pursued by the Commission under Council Regulation (EEC) No 2008/90 of 29 June 1990 concerning the promotion of energy technology in Europe (Thermie Programme) (5) ends on 31 December 1994, and it is desirable to ensure that the demonstration and dissemination activities continue after this date;
Whereas the objective of the Community's activites in the field of non-nuclear energy must be to design and demonstrate efficient, cleaner and safer technologies to make energy production and use compatible with the balance of nature and with the various aspects of economic development;
Whereas, despite the current energy situation, the efforts to diversify the Community's sources of supply and to improve energy efficiency must not be relaxed; whereas RTD helps to achieve these objectives and to provide greater protection for the environment against the impact of energy technologies;
Whereas it is necessary, as the fourth framework programme indicates, to ensure complementarity between research and development and the demonstration and that the two phases of the RTD are integrated into the same energy RTD strategy in the Community;
Whereas the programme for non-nuclear energies calls for a coherent strategy covering the whole process of innovation, from scientific breakthrough all the way to dissemination;
Whereas this programme may make a significant contribution to the stimulation of growth, to the strengthening of competitiveness and to the development of employment in the Community, as indicated in the White Paper on 'Growth, competitiveness and employment', in particular by the development and by a wider utilization of efficient energy technologies;
Whereas the content of the fourth framework programme for Community RTD activities was established in accordance with the subsidiarity principle; whereas this specific programme specifies the content of the activities to be carried out in accordance with this principle in the field of non-nuclear energy;
Whereas Decision No 1110/94/EC lays down that a Community action is justified if, inter alia, research contributes to the strengthening of the economic and social cohesion of the Community and the promotion of its overall harmonious development, while being consistent with the pursuit of scientific and technical quality; whereas this programme is intended to help meet these objectives through RTD projects to harness the potential indigenous energy resources of individual regions, taking account of the needs of less advanced regions;
Whereas the Community should only support RTD activities of high quality;
Whereas the rules for the participation of undertakings, research centres (including the Joint Research Centre (JRC)) and universities, and the rules governing the dissemination of research results specified in the measures provided for in Article 130j of the Treaty apply to this specific programme;
Whereas provision should be made for measures to encourage the involvement of small and medium-sized enterprises (SMEs) in this programme, in particular through technology stimulation measures;
Whereas the Commission's efforts to simplify and accelerate the application and selection procedures and make them more transparent must be continued in order to promote the implementation of the programme and to facilitate the action which firms, and particularly SMEs, research centres and universities have to undertake in order to participate in a Community RTD activity;
Whereas this programme will help to strengthen synergy between the RTD activities carried out in the field of non-nuclear energy by research centres, universities and enterprises, in particular SMEs, in the Member States and between these and the corresponding Community RTD activities;
Whereas the nature of the activities to be undertaken in this programme requires close coordination with activities undertaken under other specific programmes in particular those concerning industrial and materials technologies and also enivronment and climate;
Whereas basic research in the field of on-nuclear energy must be encouraged;
Whereas it may be appropriate to engage in international cooperation activities with international organizations and third countries for the purpose of implementing this programme;
Whereas this programme should also comprise activities for the dissemination and exploitation of RTD results, in particular towards SMEs, notably those in the Member States and regions which participate least in the programme, and activities to stimulate the mobility and training of researchers within this programme to the extent necessary for proper implementation thereof;
Whereas an analysis should be made of possible socio-economic consequences and technological risks associated with the programme;
Whereas progress with this programme should be continuously and systematically monitored with a view to adapting it, where appropriate, to scientific and technological developments in this area; whereas in due course there should be an independent evaluation of the progres with the said programme so as to provide all the background information needed in order to determine the objectives of the fifth RTD framework programme: whereas at the end of this programme there should be a final evaluation of the results obtained compared with the objectives set out in this Decision;
Whereas the JRC may participate in indirect actions covered by the present programme;
Whereas the JRC may contribute, through its own programme, to the attainment of the Community RTD objectives in the areas covered by this programme;
Whereas the Scientific and Technical Research Committee (CREST) has been consulted,
HAS ADOPTED THIS DECISION:
Article 1
A specific programme, covering both the research and technological development phase and the demonstration phase in the field of non-nuclear enery, as set out in Annex I, is hereby adopted for the period from the date of adoption of this Decision to 31 December 1998.
Article 2
1. The amount deemed necessary for carrying out the programme is ECU 967 million, including a maximum of 5,0 % for the Commission's staff and administrative expenditure.
2. An indicative breakdown of this amount is given in Annex II.
3. The budgetary authority shall lay down the appropriations for each financial year, subject to the availability of resources within the financial perspectives and in accordance with the conditions set out in Article 1 (3) of Decision No 1110/94/EC, taking into account the principles of sound management referred to in Article 2 of the Financial Regulation applicable to the general budget of the European Communities.
Article 3
1. The general rules for the Community's financial contribution are laid down in Annex IV to Decision No 1110/94/EC.
2. The rules for the participation of undertakaings, research centres and universities, and for the dissemination of results are specified in the measures envisaged in Article 130j of the Treaty.
3. Annex III sets out the specific rules for implementing this programme, supplementary to those referred to in paragraphs 1 and 2.
Article 4
1. In order to help ensure, inter alia, the cost-effective implementation of this programme, the Commission shall continually and systematically monitor, with appropriate assistance from independent, external experts, the progress within the programme in relation to the objectives set out in Annex I, as amplified in the work programme. It shall in particular examine whether the objectives, priorities and financial resources are still appropriate to the changing situation. It shall, if necessary, in the light of the results of this monitoring process, submit proposals to adapt or supplement this programme.
2. In order to contribute towards the evaluation of Community activities, as required by Article 4 (2) of Decision No 1110/94/EC and in compliance with the timetable laid down in that paragraph, the Commission shall have an external assessment conducted by independent qualified experts of the activities carried out within the areas covered by this programme and their management during the five years preceding this assessment.
3. At the end of this programme, the Commission shall have an independent final evaluation carried out of the results achieved compared with the objectives set out in Annex III to Decision No 1110/94/EC and Annex I to this Decision. The final evaluation report shall be forwarded to the European Parliament, the Council and the Economic and Social Committee.
Article 5
1. A work programme, covering both the research and development phase and the demonstration phase, shall be drawn up by the Commission in accordance with the objectives set out in Annex I and the indicative financial breakdown set out in Annex II, and shall be updated where appropriate. It shall set out in detail:
- the scientific and technological objectives and research tasks,
- the implementation schedule, including dates for calls for proposals,
- the proposed financial and managerial arrangements, including specific modalities for implementing technology stimulation measures for SMEs and the general lines of other measures, including preparatory, accompanying and support measures,
- arrangements for coordination with other RTD activities carried out in this area, in particular under the JRC programme and other specific programmes, and, where appropriate, for ensuring improved interaction with activities carried out in other frameworks, such as Eureka and COST,
- arrangements for the dissemination, protection and exploitation of the results of RTD activities carried out under the programme.
2. The Commission shall issue calls for proposals for projects on the basis of the work programme. These calls shall, whenever possible, cover both phases of the programme.
Article 6
1. The Commission shall be responsible for the implementation of the programme.
2. In the cases provided for in Article 7 (1), the Commission shall be assisted by two committees, one for the R & D and one for the Demonstration part of the programme, composed of representatives of the Member States and chaired by the representative of the Commission. The procedure described in pharagraphs (3) to (6) shall apply to each committee.
3. 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 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.
4. The Commission shall adopt the measures envisaged when they are in accordance with the opinion of the Committee.
5. 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.
6. 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 (2) to 6 (6) shall apply to:
- the preparation and updating of the work programme referred to in Article 5 (1),
- the content of the calls for proposals,
- the assessment of the RTD activities proposed for Community funding and the estimated amount of the Community contribution for each activity where this is equal to or more than ECU 0,2 million and in the case of dissemination activities equal or more than ECU 0,1 million,
- any adjustment to the indicative breakdown of the amount as set out in Annex II,
- specific modalities for the financial participation of the Community in the different activities envisaged,
- the measures and terms of reference for programme evaluation,
- any departure from the rules set out in Annex III,
- participation in any project by legal entities from third countries and international organizations.
2. Where, pursuant to the third indent of paragraph 1, the amount of the Community contribution is less than ECU 0,2 million and in the case of dissemination activities less than ECU 0,1 million, the Commission shall inform the committees of the projects and of the outcome of their assessment.
3. The Commission shall coordinate the work of the Committees and shall regularly inform them of progress with the implementation of the programme as a whole.
Article 8
Participation in the R & D part of programme only may be open on a project-by-project basis, without financial support from the Community, to legal entities established in third countries, where such participation contributes effectively to the implementation of the programme and taking into account the principle of mutual benefit.
Article 9
This Decision is addressed to the Member States.
Done at Brussels, 23 November 1994.