DECISION No 912/2009/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 September 2009
on the participation by the Community in a European metrology research and development programme undertaken by several Member States
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 169 and the second paragraph of Article 172 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1)
Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (3) (the Seventh Framework Programme) provides for Community participation in research and development (R & D) programmes undertaken by several Member States, including participation in the structures created for the execution of those programmes, within the meaning of Article 169 of the Treaty.
(2)
The Seventh Framework Programme has defined a series of criteria for the identification of areas for such Article 169 initiatives: relevance to Community objectives, a clear definition of the objective to be pursued and its relevance to the objectives of the Framework Programme, the presence of a pre-existing basis (existing or envisaged national research programmes), European added value, a critical mass with regard to the size and the number of programmes involved and the similarity of activities they cover, and the efficiency of Article 169 as the most appropriate means for achieving the objectives.
(3)
Council Decision 2006/971/EC of 19 December 2006 concerning the specific programme ‘Cooperation’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (4) (the specific programme Cooperation) encourages a cross-thematic approach to research topics relevant to one or more themes of the Seventh Framework Programme, and in this context identified an Article 169 initiative in the field of metrology as one of the initiatives suitable for Community participation, in national research programmes jointly implemented on the basis of Article 169 of the Treaty.
(4)
Metrology is a cross-disciplinary scientific field which is a vital component of a modern knowledge-based society. Reliable and comparable measurement standards, and appropriate validated measuring and test methods underpin the processes of scientific advancement and technological innovation and thus have a significant impact on the economy and quality of life within Europe.
(5)
At present, a number of R & D programmes or activities undertaken by Member States individually at national level to support R & D in metrology are not sufficiently coordinated at European level and do not allow for the gathering of the necessary critical mass requested in strategic R & D areas.
(6)
With a desire for a coherent approach at European level in the field of metrology and to act effectively, several Member States have taken the initiative of setting up a joint R & D programme entitled ‘European Metrology Research Programme’ (EMRP) in order to respond to the growing demands in Europe for cutting-edge metrology, particularly in emerging technological areas, as a tool for innovation, scientific research and policy support.
(7)
In its work programme for 2007-2008 of 11 June 2007 for the implementation of the specific programme ‘Cooperation’, the Commission provided financial support to the ERA-NET Plus in the field of metrology in order to facilitate the transition between the ‘iMERA’ ERA-NET project and the joint R & D programme in the field of metrology to be implemented on the basis of Article 169 of the Treaty. The result has been the development of the EMRP which has defined the major challenges and activities of the joint programme.
(8)
The EMRP aims to support scientific development and innovation by providing the necessary legal and organisational framework for large-scale European cooperation between Member States on metrology research in any technological or industrial field. Belgium, the Czech Republic, Denmark, Germany, Estonia, Spain, France, Italy, Hungary, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom, as well as Norway, Switzerland and Turkey (the participating States) have agreed to coordinate and implement jointly activities aimed at contributing to the EMRP. The overall value of their participation is estimated at a minimum of EUR 200 million plus a reserve funding capability of EUR 100 million for the proposed period of seven years.
(9)
In order to increase its impact, the participating States have agreed to Community participation in the EMRP. The Community should participate by making a financial contribution matching that of the participating States up to EUR 200 million for the duration of the EMRP. Given that the EMRP meets the scientific objectives of the Seventh Framework Programme and that actions in the field of metrology are of a horizontal nature or not directly linked to the 10 themes, the EMRP should be supported jointly across all of the relevant themes.
(10)
Further financing options may be available, inter alia, from the European Investment Bank (EIB), in particular through the Risk-Sharing Finance Facility developed jointly with the EIB and the Commission pursuant to Annex III of the specific programme ‘Cooperation’.
(11)
Community financial support should be provided subject to the definition of a financing plan based on formal commitments from the competent national authorities to implement jointly the R & D programmes and activities undertaken at national level and to contribute to the financing of the joint execution of the EMRP.
(12)
The joint implementation of the national research programmes requires the establishment or existence of a dedicated implementation structure, as provided for in the specific programme ‘Cooperation’. The participating States have agreed on such a dedicated implementation structure to implement the EMRP. The dedicated implementation structure should be the recipient of the Community financial contribution and should ensure the efficient execution of the EMRP.
(13)
The Community financial contribution should be subject to commitments of resources by the participating States and the effective payment of their financial contributions.
(14)
Whilst the Joint Research Centre is a department of the Commission, its institutes nevertheless possess research capabilities that are relevant to the EMRP and should be activated in its implementation. It is therefore appropriate to define the role of the Joint Research Centre in terms of its eligibility for participation and for funding and of its involvement in the governance of the EMRP.
(15)
The payment of the Community financial contribution should be subject to the conclusion of a general agreement between the Commission, on behalf of the European Community, and the dedicated implementation structure, containing the detailed arrangements for the use of the Community contribution. That general agreement should contain the necessary provisions to ensure that the financial interests of the Community are protected.
(16)
The interest generated by the Community financial contribution should be considered as assigned revenue, in accordance with Article 18(2) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5) (the Financial Regulation). It should be possible for the Commission to increase the maximum Community contribution provided for in this Decision accordingly.
(17)
The Community should have the right to reduce, withhold or terminate its financial contribution in the event that the EMRP is not implemented or is implemented inadequately, partially or late, or that the participating States do not contribute or contribute only partially or late to the financing of the EMRP, on the terms set out in a general agreement to be concluded between the Community and the dedicated implementation structure.
(18)
In order to implement the EMRP efficiently, financial support should be granted to participants in the EMRP projects selected at the central level under the responsibility of the dedicated implementation structure following calls for proposals. Such financial support and its payment should be transparent and efficient.
(19)
The evaluation of proposals should be performed centrally by independent experts under the responsibility of the dedicated implementation structure. A ranking should be approved by the dedicated implementation structure which should be binding as regards the allocation of funding from the Community financial contribution and from the national budgets earmarked for EMRP projects.
(20)
In accordance with the Financial Regulation and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6) (the Implementing Rules), the Community financial contribution should be managed in the framework of indirect centralised management according to Articles 54(2)(c) and 56 of the Financial Regulation and Articles 35, 38(2) and 41 of the Implementing Rules.
(21)
Any Member State and any country associated to the Seventh Framework Programme should be entitled to join the EMRP.
(22)
In line with the objectives of the Seventh Framework Programme, the participation of any other country in the EMRP should be possible, where such participation is provided for in the relevant international agreement and both the Commission, on behalf of the Community, and the participating Member States agree to it. In accordance with the Seventh Framework Programme and the rules and conditions set out in this Decision, the Community should have the right to agree conditions relating to its financial contribution to the EMRP concerning the participation of such other countries.
(23)
Appropriate measures should be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (7), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (8) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (9).
(24)
It is essential that the research activities carried out under the EMRP conform to basic ethical principles, including those reflected in Article 6 of the Treaty on European Union and in the Charter of Fundamental Rights of the European Union, and follow the principles of gender mainstreaming and gender equality.
(25)
The Commission should conduct an interim evaluation, assessing the quality and efficiency of the implementation of the EMRP and progress towards the objectives set, and also a final evaluation.
(26)
The dedicated implementation structure should encourage the participants in the selected EMRP projects to communicate and disseminate their results and to make this information publicly available,
HAVE ADOPTED THIS DECISION:
Article 1
Community financial contribution
1. The Community shall make a financial contribution to the ‘European Metrology Research Programme’ (the EMRP) undertaken jointly by Belgium, the Czech Republic, Denmark, Germany, Estonia, Spain, France, Italy, Hungary, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom, as well as Norway, Switzerland and Turkey (the participating States).
2. The Community shall, for the duration of the Seventh Framework Programme and in accordance with the principles set out in Annexes I and II which form an integral part of this Decision, make a financial contribution matching that of the participating States but not exceeding EUR 200 million, to be paid from the appropriations of the general budget of the European Union.
3. The Community financial contribution shall be paid jointly from the budget appropriations allocated to all the relevant themes of the specific programme ‘Cooperation’.
Article 2
Conditions of the Community financial contribution
The Community financial contribution shall be conditional upon:
(a)
demonstration by the participating States that the EMRP as described in Annex I has been efficiently established;
(b)
the formal establishment of a dedicated implementation structure with legal personality which shall be responsible for the implementation of the EMRP and for receiving, allocating and monitoring the Community financial contribution in the framework of indirect centralised management in accordance with Articles 54(2)(c) and 56 of the Financial Regulation and Articles 35, 38(2) and 41 of the Implementing Rules;
(c)
the establishment of an appropriate and efficient governance model for the EMRP in accordance with Annex II;
(d)
efficient performance of the activities of the EMRP described in Annex I by the dedicated implementation structure, which includes the launch of calls for proposals;
(e)
the commitment by each participating State to contribute its share of financing for the EMRP, and to increase this contribution by a reserve funding capability of 50 % in order to manage a high success rate among its participants in the EMRP projects, and the effective payment of the financial contribution to beneficiaries;
(f)
compliance with Community State aid rules, and in particular with the Community Framework for State Aid for Research, Development and Innovation (10);
(g)
ensuring a high level of scientific excellence and observance of ethical principles in accordance with the general principles of the Seventh Framework Programme, and of gender mainstreaming and gender equality, and sustainable development;
(h)
the formulation of provisions governing the intellectual property rights arising from the activities carried out under the EMRP and the implementation and coordination of the R & D programmes and activities undertaken at national level by the participating States in such a way that they aim at promoting the creation of knowledge and at supporting the wide use and dissemination of such knowledge. The approach taken shall follow the model established by Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007 to 2013) (11) (the Rules for Participation in the Seventh Framework Programme).
Article 3
Activities of the EMRP
1. The core activity of the EMRP shall consist of funding multi-partner trans-national EMRP projects addressing research, technological development, training and dissemination activities (EMRP projects). In view of the concentrated capacities in metrology, the core part of the EMRP projects shall be executed by National Metrology Institutes and Designated Institutes (namely, specialist institutes responsible for certain national standards and associated services that are not covered by the activities of the National Metrology Institutes) from participating States.
2. In order to increase and diversify capacities in metrology, the EMRP shall also fund several researcher grant schemes which shall complement the EMRP projects.
3. The EMRP projects shall be selected and the researcher grants awarded following calls for proposals respecting the principles of equal treatment, transparency, independent evaluation, co-financing, funding not giving rise to profit and non-retroactivity referred to in Article 112(1) of the Financial Regulation, set out in Annex I of this Decision.
4. The core evaluation criteria shall be, mutatis mutandis, those of Article 15(1)(a) and (b) of the Rules for Participation in the Seventh Framework Programme for the EMRP projects and researcher grant schemes, respectively. The call for proposals shall concretise the core evaluation criteria. Additional criteria may be introduced provided that they are published in the call for proposals, are non-discriminatory and do not prevail over the core evaluation criteria.
5. Further details concerning the implementation of the activities of the EMRP are set out in Annex I.
Article 4
Role of the Joint Research Centre
1. The Joint Research Centre of the Commission shall be eligible for participation in, and for funding by, the EMRP under conditions comparable to those of the National Metrology Institutes of participating States.
2. The own resources of the Joint Research Centre, which are not covered by EMRP funding, shall not count as a Community financial contribution within the scope of Article 1.
3. The institute of the Joint Research Centre that is responsible for metrology, as a department of the Commission acting on behalf of the Community, shall be entitled to participate in the implementation of the EMRP within the dedicated implementation structure as an observer without voting rights.
Article 5
Agreements between the Community and the dedicated implementation structure
The detailed arrangements for the management and control of funds and the protection of the Communities’ financial interests shall be laid down in a general agreement and annual financial agreements to be concluded between the Commission, on behalf of the Community, and the dedicated implementation structure.
The general agreement shall in particular include the following provisions:
1.
a definition of the tasks assigned;
2.
the conditions and detailed arrangements for performance of the tasks, including appropriate provisions for demarcating responsibilities and organising the controls to be carried out;
3.
the rules on reporting to the Commission on performance of the tasks;
4.
the conditions concerning termination of the performance of the tasks;
5.
the detailed arrangements for Commission scrutiny;
6.
the conditions governing the use of separate bank accounts, and the treatment of the interest yielded;
7.
the provisions guaranteeing the visibility of Community action in relation to the other activities of the dedicated implementing structure;
8.
an undertaking to refrain from any act which may give rise to a conflict of interests within the meaning of Article 52(2) of the Financial Regulation;
9.
the provisions governing the intellectual property rights arising from the activities carried out under the EMRP referred to in Article 2;
10.
a list of criteria to be used in the interim and final evaluations, including those referred to in Article 13.
Article 6
Interest from the Community financial contribution
In accordance with Article 18(2) of the Financial Regulation, the interest generated by the Community financial contribution allocated to the EMRP shall be considered as assigned revenue. The maximum Community contribution referred to in Article 1(2) of this Decision may be increased accordingly by the Commission.
Article 7
Reduction, withholding or termination of Community financial contribution
Where the EMRP is not implemented or is implemented inadequately, partially or late, the Community may reduce, withhold or terminate its financial contribution in line with the actual implementation of the EMRP.
Where the participating States do not contribute or contribute only partially or late to the financing of the EMRP, the Community may reduce its financial contribution in line with the actual amount of public funding allocated by the participating States in accordance with the terms laid down in the general agreement to be concluded between the Commission and the dedicated implementation structure.
Article 8
Protection of the Communities’ financial interest by the participating States
In implementing the EMRP, the participating States shall take the legislative, regulatory, administrative or other measures necessary for protecting the Communities’ financial interests. In particular, the participating States shall take the necessary measures to ensure full recovery of any amounts due to the Community in accordance with Article 54(2)(c) of the Financial Regulation and Article 38(2) of the Implementing Rules.
Article 9
Control by the Court of Auditors
The Commission and the Court of Auditors shall be entitled, through their officials or agents, to carrying out all the checks and inspections needed to ensure proper management of Community funds and to protect the Communities’ financial interest against any fraud or irregularity. To this end, the participating States and/or the dedicated implementation structure shall, in due course, make all relevant documents available to the Commission and the Court of Auditors.
Article 10
Information
The Commission shall communicate all relevant information to the European Parliament, the Council and the Court of Auditors. The participating States shall be invited to submit to the Commission, through the dedicated implementation structure, any additional information required by the European Parliament, the Council and the Court of Auditors concerning the financial management of the dedicated implementation structure that is consistent with the overall reporting requirements set out in Article 13.
Article 11
Participation of further Member States and associated countries
Any Member State and any country associated to the Seventh Framework Programme shall be entitled to join the EMRP in accordance with the criteria set out in Article 2(e) and (f) of this Decision and shall be treated as a participating State.
Article 12
Participation of other third countries
The participating States and the Commission may agree to the participation of any other country subject to the criteria set out in Article 2(e) and provided that such participation is provided for by the relevant international agreement. They shall define the conditions under which legal entities established and individuals resident in such countries shall be eligible for EMRP funding.
Article 13
Annual reporting and evaluation
The annual report on the Seventh Framework Programme presented to the European Parliament and the Council pursuant to Article 173 of the Treaty shall include a report of the activities of the EMRP.
An interim evaluation of the EMRP shall be carried out by the Commission three years after the start of the EMRP. This evaluation shall cover progress towards the objectives set out in Annex I, as well as recommendations of the EMRP on the most appropriate ways to further enhance integration and the quality and efficiency of the implementation, including scientific, management and financial integration and whether the level of the financial contributions of the participating States is appropriate, given the potential demand from their various national research communities.
The Commission shall communicate to the European Parliament and the Council the conclusions thereof, accompanied by its observations and, where appropriate, proposals to amend this Decision.
At the end of Community participation in the EMRP but no later than in 2017, the Commission shall, with the assistance of an independent expert group, conduct a final evaluation of the general, specific and operational objectives of the EMRP.
This group shall base its assessment on, inter alia, the following indicators:
(a)
the scientific excellence of the projects and grants awarded as measured by the number of publications, patents and other scientific output indicators;
(b)
the level of participation in the programme by outside researchers and research institutions;
(c)
the increase in metrology capacity of Member States and countries associated to the Seventh Framework Programme whose metrology programmes are at an early stage of development;
(d)
the number and quality of training activities;
(e)
the number and quality of activities related to metrology communication and diffusion.
The results of the final evaluation shall be presented to the European Parliament and the Council.
Article 14
Entry into force
This Decision shall enter into force on the third day following its publication in the Official Journal of the European Union.
Article 15
Addressees
This Decision is addressed to the Member States.
Done at Strasbourg, 16 September 2009.