COUNCIL DECISION of 14 March 1989 on a specific research and technological development programme in the field of energy - non-nuclear energies and rational use of energy - 1989 to 1992 (Joule) (89/236/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 130 q (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 Decision 87/516/Euratom, EEC (4), as amended by Decision 88/193/Euratom, EEC (5), the Council adopted a framework programme for Community activities in the field of research and technological development (1987 to 1991) defining energy projects on non-nuclear energies and the rational use of energy;
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 Joule (Joint Opportunities for Unconventional or Long-term Energy supply) programme should contribute to the achievement of these objectives;
Whereas on 16 September 1986 the Council adopted resolution 86/C 241/01 (6) concerning new Community energy policy objectives for 1995 and convergence of the policies of the Member States;
Whereas the implementation of an energy strategy for the Community calls for the strengthening of research, development and demonstration projects at Community level;
Whereas the energy research and development programmes adopted by Decisions 75/510/EEC (7), 79/785/EEC (8) and 85/198/EEC (9) produced favourable results and opened up promising prospects as regards the objectives pursued;
Whereas the research and development projects covered by this Decision appear necessary and are a suitable means of continuing the activities already undertaken and of launching new activities to achieve the objectives pursued;
Whereas a large number of small and medium-sized enterprises (SMEs) are involved in research and development into non-nuclear energy, particularly in the field of renewable energies;
Whereas Regulation (EEC) No 3640/85 (10) provides for the granting of financial support to demonstration projects in the exploitation of alternative energy sources, energy saving and the substitution of hydrocarbons and to industrial pilot projects and demonstration projects in the field of solid fuel liquefaction and gasification; whereas such support should be granted only to projects based on completed research and development work;
Whereas Regulation (EEC) No 3639/84 (11) provides for the granting of financial support for Community technological development projects in the hydrocarbons sector; whereas such support is granted only to projects for which the research stage is completed;
Whereas on 26 November 1986 the Council adopted resolution 86/C 316/01 (12) on a Community orientation to develop new and renewable energy sources;
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Whereas on 19 October 1987 the Council adopted resolution 87/C 328/01 (13) on the continuation and implementation of a European Community policy and action programme on the environment (1987 to 1992);
Whereas the protection of the environment should play a major role in the definition of energy research programmes;
Whereas the implementation of the environment policy involves the development of clean technologies, especially for particularly polluting energy sources, amongst other things by suitable research programmes;
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 field of energy - non-nuclear energies and rational use of energy, known as Joule - as defined in Annexes I and II is hereby adopted for a period of three years and three months from 1 January 1989.
Article 2 The funds estimated as necessary for the execution of the programme amount to ECU 122 million, including expenditure on a staff of 34.
An indicative allocation of these funds is set out in
Annex II.
Article 3 Detailed rules for the implementation of the programme and the rate of the Community's financial participation are set out in Annex III.
Article 4 During the second year of implementation, the Commission shall review the programme 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 the amendment or extension of the programme.
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 the Council.
The abovementioned reports shall be established having regard to the objectives set out in Annex I to this Decision
and in accordance with Article 2 (2) of the framework programme set out in Decision 87/516/Euratom, EEC.
Article 5 The Commission shall be responsible for the execution of the programme.
The Commission shall be assisted by a committee of an advisory nature, hereinafter referred to as ´the Committee', composed of the representatives of the Member States and chaired by the representative of the Commission.
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. 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.
2. 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.
3. 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. 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, under conditions to be laid down in accordance with the procedures set out in Article 6 and 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 8 This Decision is addressed to the Member States.
Done at Brussels 14 March 1989.