COUNCIL DECISION of 14 March 1989 on a specific research and technological development programme in the field of industrial manufacturing technologies and advanced materials applications (Brite/Euram) (1989 to 1992) (89/237/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 130k of the Treaty states that the framework programme is to be implemented through specific programmes developed within each activity;
Whereas, by its Decision 87/516/Euratom, EEC (4), as amended by Decision 88/193/EEC, Euratom (5), the Council adopted a framework programme for Community research and technological development (1987 to 1991) providing for activities in the field of science and technology for manufacturing industry and advanced materials;
Whereas that Decision provides that a particular aim of Community research shall be to strengthen the scientific and technological basis of European industry and to encourage it to become more competitive at the international level and that Community action is justified where research contributes inter alia 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 it is intended that the Brite/Euram programme should contribute to the achievement of these objectives;
Whereas by Decision 85/196/EEC (6), as amended by Decision 88/108/EEC (7), the Council adopted the first multiannual research and development programme for the European Economic Community in the fields of basic technological research and the application of new technologies (Brite) (1985 to 1988);
Whereas by Decision 86/235/EEC (8) the Council adopted a research programme on materials (raw materials and advanced materials) (1986 to 1989);
Whereas in cases where industrial progress is hampered by lack of basic knowledge, it is necessary to support focused fundamental research projects;
Whereas it is necessary to react adequately to the interest shown by the industry in transnational cooperation;
Whereas it is necessary to involve small and medium-sized enterprises (SMEs) to the maximum extent possible in the development of industrial technologies by taking into account their particular and specific requirements while respecting the objective of the scientific and technical quality of the programme;
Whereas it is appropriate to undertake precompetitive research in aeronautics in order to meet medium and long-term technology requirements; whereas such research should take particular account of economic, safety and environmental aspects;
Whereas it is necessary to underline the industrial and transnational nature of the programme by requiring applied research projects with at least two industrial partners from two different Member States;
Whereas it is necessary to ensure the industrial nature of the programme by requiring focused fundamental research projects with industrial endorsement from at least tow independent enterprises;
Whereas organizations from non-Community European countries which have concluded scientific and technical cooperation agreements with the Community in industrially-oriented research and development projects may, by participating under appropriate conditions, contribute to the competitiveness of manufacturing industry as a whole;
Whereas the implementation of concerted actions in the COST framework is an essential element to complement industrially-oriented research and development projects;
Whereas the Scientific and Technical Research Committee (Crest) has expressed its opinion on the Commission proposal,
HAS ADOPTED THIS DECISION:
Article 1 A specific research and technological development programme for the European Economic Community in the fields of industrial manufacturing technologies and advanced materials applications, as defined in Annex I, is hereby adopted for a period of four years, from 1 January 1989.
Article 2 The funds estimated as necessary for the execution of the programme amount to ECU 499,5 million, including expenditure on staff whose cost shall not exceed 4,5 % of the Community contribution.
An indicative internal allocation of these funds is set out in Annex IV.
Article 3 1. Detailed rules for the implementation of the programme and the rate of the Community's financial participation are set out in Annex II.
Article 4 1. During the third year of the implementation, the Commission shall review the programme and send a report on the results of its review to the European Parliament and to the Council. This report shall be accompanied, where necessary, by proposals for the amendment or extension of the programme.
In respect of research relating to aeronautics, a review will be carried out during the second year.
2. At the end of the programme, an evaluation of the results achieved shall be conducted by the Commission which shall report thereon to the European Parliament and to the Council.
3. The abovementioned reports shall be established having regard to the objectives set out in Annex III
to this Decision and in accordance with Article 2 (2)
of the Framework Programme set out in Decision 87/516/Euratom, EEC.
Article 5 1. The Commission shall be responsible for the execution of the programme.
2. The Commission shall be assisted by a Committee, hereinafter referred to as ´the Committee', composed of the representatives of the Member States and chaired by the representative of the Commission.
3. Contracts concluded by the Commission shall govern the rights and obligations of each party, in particular arrangements for the dissemination, protection and exploitation of research results.
Article 6 1. In respect of research to be undertaken under Areas 1 to 4 of Annex I, the following procedure shall apply:
ii(i) 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 urgency of the matter, if necessary by taking a vote;
i(ii) the opinion shall be recorded in the minutes of the Committee; in addition, each Member State shall have the right to have its opinion recorded in the minutes;
(iii) the Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.
2. In respect of research to be undertaken under Area 5 of Annex I, the following procedure shall apply:
ii(i) 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;
i(ii) the Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee;
(iii) 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;
(iv) if, on the expiry of a period which may in no case exceed two months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 7 The procedures laid down in Article 6 (1) and (2), shall apply, subject to the provisions of those paragraphs, in particular to:
- the establishment of the work plan for research to be carried out under Area 5 of Annex I,
- the scientific and technical assessment of proposals received,
- any departure from the rules for implementation set out at Annex II,
- the participation in any project by non-Community organisations or enterprises referred to in Article 8,
- any adaptation of the internal indicative allocation of funds set out in Annex IV,
- 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.
Article 8 1. Where framework agreements for scientific and technical cooperation between non-Community European countries and the European Communities have been concluded, organizations and enterprises established in those countries may, on the basis of the criterion of mutual advantage, become partners in a project undertaken within the programme.
2. No contractor based outside the Community and participating as a partner in a project undertaken under the programme may benefit from the Community financing of the programme. The contractor shall contribute to the general administration costs.
Article 9 The Commission shall ensure that procedures are set up to allow for appropriate cooperation with COST activities related to the areas of research covered by the programme,
by ensuring regular exchanges of information between
the Committee and the relevant COST Management Committee.
Article 10 This Decision is addressed to the Member States.
Done at Brussels, 14 March 1989.