COUNCIL DECISION of 7 June 1991 adopting a specific research and technological development programme in the field of the environment (1990 to 1994) (91/354/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 relating to the environment according to Part Three, Title VII of the Treaty; 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 specific programmes developed within each activity;
Whereas the Joint Research Centre (JRC) shall contribute through its own programe to the implementation of the aforesaid activities;
Whereas basic research in the environment field must be encouraged throughout the Community;
Whereas in addition to the specific programme concerning human resources and mobility, it might be necessary to encourage the training of research workers in the context of this programme;
Whereas, in the context of this programme, an assessment should be made of economic and social impact as well as of any technological risks;
Whereas, pursuant to Article 4 of and Annex I to Decision 90/221/Euratom, EEC, the amount deemed necessary for
the whole framework programme includes an mount of ECU 57 million for the centralized dissemination and exploitation of results, to 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 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 in the environment field is looked upon as contribution to the achievement of these objectives;
Whereas small and medium-sized enterprises (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 it might be advisable to allow bodies and enterprises established in third countries to take part in this programme;
Whereas it is necessary, as Annex II to Decision 90/221/Euratom, EEC provides, to take protection of the environment and the quality of life into account by directing research activities towards an understanding of the fundamental mechanisms of the environment and towards the devising and implementation of an overall strategy approach to risk-prevention activities, while contributing to the preparation of quality and safety standards;
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 Community in the environment field, as defined in Annex I, is hereby adopted for a period beginning on 7 June 1991 and ending on 31 December 1994.
Article 2
1. The funds estimated as necessary for the execution of the programme amount to ECU 261,4 million, including expenditure on staff and administration amounting to ECU 15 million.
2. An indicative allocation of funds in 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, including 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 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 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. 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 subparagraph 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 untertaken, and the financial arrangements to be made for them. The Commission shall make calls for proposals for projects on the basis on the work programme. Article 6 1. The Commission 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. When the committee votes, the votes of the representatives of the Member States shall be weighted as laid down in the abovementioned Article. The chairman shall not vote.
3. The Commission shall adopt the proposed measures when they are in accordance with the committee's opinion.
4. When the proposed measures are not in accordance with the committee's opinion, or where no opinion is delivered, the Commission shall submit to the Council without delay a proposal concerning 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 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 (3),
- 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 0,3 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 programmes.
2. Where, pursuant to the third indent of paragraph one, the amount of the Community contribution is less than or equal to ECU 0,3 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 accompanying measures and of 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 countries which are members of COST, particularly the member countries of EFTA and the countries of Central and Eastern Europe, with a view to associating them with the whole programme or a part
of it.
2. Bodies and enterprises established in European third countries may, on the basis of the criterion of mutual benefit, be allowed to take part in action undertaken in the context of this programme. For projects in Area 1 of Annex I, this option may be extended to bodies and enterprises from other third countries engaged in research in this area.
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. The body concerned shall contribute to the general administrative costs. Article 9 This Decision is addressed to the Member States.
Done at Luxembourg, 7 June 1991.