COUNCIL DECISION of 9 September 1991 adopting a specific research and technological development programme in the field of non-nuclear energy (1990 to 1994) (91/484/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 its 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 non-nuclear energy; 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 is to be implemented through specific programmes developed within each activity;
Whereas basic research in the field of non-nuclear energy 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 and engineers in the context of this programme;
Whereas in the context of this programme it is desirable that an assessment be made of the economic and social impact as well as of any technological risks;
Whereas, pursuant to Article 4 and Annex I of Decision 90/221/Euratom, EEC, the funds estimated as necessary for the whole framework programme include an amount 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 that Decision 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 this programme should contribute to the achievement of these objectives;
Whereas small and medium-sized enterprises (SME) 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 this programme;
Whereas it is necessary, as Annex II to Decision 90/221/Euratom, EEC provides, to contribute to the development of new energy options that are both economically viable and more environmentally friendly;
Whereas the R& D activities in this programme occur upstream of the 'project for the promotion of energy technology', defined in Article 2 of Regulation (EEC) No 2008/90 (5) concerning the Thermie programme, which are eligible for financial support under that programme only if the research and development stage has for the most part been completed;
Whereas the Scientific and Technical Research Committee (Crest) has been consulted,
HAS ADOPTED THIS DECISION:
Article 1
A specific research and technological development programme in the field of non-nuclear energy, hereafter 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 155,43 million, including expenditure on staff and administration amounting to ECU 18 million.
2. An indicative allocation of funds is set out in Annex II.
3. Should the Council take a decision pursuant to 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 course of 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. This 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 the second paragraph of Article 130k 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 corresponding financial arrangements to be made for them. The Commission shall make 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 of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.
2. In the cases referred to in Article 7 (1), 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, if necessary by taking a vote.
3. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.
4. 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.
Article 7
1. The procedure laid down in Article 6 shall apply in particular 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 research projects provided for in Annex III and the estimated amount of the Community's contribution to them,
- departures from the general rules set out in Annex III,
- the participation in any project of non-Community organizations and enterprises referred to in Article 8 (1) and (2),
- any adaptation of the indicative allocation of the funds set out in Annex II,
- the measures to be undertaken to evaluate the programme,
- the arrangements for the dissemination, protection and exploitation of the results of research carried out under the programme.
2. The Commission shall inform the committee on the implementation of the accompanying measures and 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 members of COST, in particular with member countries of the European Free Trade Area (EFTA) and the countries of Central and Eastern Europe with a view to associating them with all or part of the programme.
2. Bodies and enterprises established in European non-Member States may, 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 in the countries referred to in paragraph 2 and participating as a partner in a project undertaken under the programme may benefit from Community financing for this programme. Such a body shall contribute to the general administrative costs.
Article 9
This Decision is addressed to the Member States. Done at Brussels, 9 September 1991.