COUNCIL DECISION of 25 January 1999 adopting a specific programme for research, technological development and demonstration on energy, environment and sustainable development (1998 to 2002) (1999/170/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 130i(4) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
(1) Whereas by Decision No 182/1999/EC (4), the European Parliament and the Council adopted the fifth framework programme of the European Community (hereinafter referred to as the fifth framework programme) for research, technological development and demonstration (hereinafter referred to as RTD) activities for the period 1998 to 2002 setting out the general outlines and scientific and technological objectives of the activities to be carried out in the fields of energy, environment and sustainable development;
(2) Whereas Article 130i(3) of the Treaty stipulates that the framework programme shall be implemented through specific programmes developed within each activity under the framework programme, and that each specific programme shall define the detailed rules for implementing it, fix its duration and provide for the means deemed necessary;
(3) Whereas, in accordance with Article 4(2) of Decision No 1110/94/EC of the European Parliament and of the Council of 26 April 1994 concerning the fourth framework programme of the European Community activities in the field of research, technological development and demonstration (1994 to 1998) (5) and Article 4(2) of the Council Decisions on the specific programmes implementing the fourth framework programme, the Commission has arranged for an external assessment to be conducted which it has transmitted to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions together with its conclusions and comments;
(4) Whereas, in accordance with Article 130j of the Treaty, Council Decision 1999/65/EC of 22 December 1998 concerning the rules for the participation of undertakings, research centres and universities and for the dissemination of research results for the implementation of the fifth framework programme of the European Community (1998 to 2002) (6) (hereinafter referred to as 'the rules for participation and dissemination`) applies to this specific programme; whereas these rules allow the participation of the Joint Research Centre in the indirect actions covered by this specific programme;
(5) Whereas, for the purpose of implementing this programme, in addition to cooperation covered by the Agreement on the European Economic Area or by an Association Agreement, it may be appropriate to engage in international cooperation activities, in particular on the basis of Article 130m of the Treaty, with third countries or international organisations;
(6) Whereas implementation of this programme will also comprise activities and mechanisms aimed at stimulating, disseminating and exploiting RTD results, in particular vis-à-vis small and medium-sized enterprises (SMEs), and activities to stimulate the mobility and training of researchers;
(7) Whereas it is important that the scientific, industrial and user communities should contribute substantially to the definition of activities to be undertaken and should be involved, as appropriate, in the implementation of this programme;
(8) Whereas research activities under the fifth framework programme should also be geared towards innovation in order to contribute, inter alia, to the objectives of the first action plan for innovation;
(9) Whereas special emphasis should be placed on encouraging the participation of SMEs;
(10) Whereas the equal opportunities policy of the Community must be taken into account in the implementation of this programme;
(11) Whereas efficient and transparent management contributes to a more effective and user-friendly programme;
(12) Whereas administrative expenditure should be included in the Community budget in a transparent fashion;
(13) Whereas the implementation of this programme should be monitored with a view to adapting it, where appropriate, to scientific and technological developments; whereas in due course there should also be an assessment of progress with the programme by independent experts;
(14) Whereas the Scientific and Technical Research Committee has been consulted on the scientific and technological content of the specific programmes,
HAS ADOPTED THIS DECISION:
Article 1
In accordance with Article 3(1) of the fifth framework programme, the specific programme on energy, environment and sustainable development (hereinafter referred to as the specific programme) is adopted for the period from 25 January 1999 to 31 December 2002.
Article 2
1. In accordance with Annex III to the fifth framework programme, the amount deemed necessary for carrying out the specific programme is EUR 2 125 million, including a maximum of 6,5 % for the Commission's administrative expenditure.
An indicative breakdown of this amount is given in Annex I.
2. Of the amount in paragraph 1
- EUR 446 million is for the period 1998 to 1999,
and
- EUR 1 679 million is for the period 2000 to 2002.
In the case referred to in Article 2(1)(c) of the fifth framework programme, the Council shall adapt the latter figure in accordance with Article 2(1)(c), second indent of the fifth framework programme. Pending a decision by the Council, this specific programme shall not be implemented beyond the provision of the first indent.
3. The budgetary authority shall, in compliance with the scientific and technological objectives and priorities laid down in this Decision, set the appropriations for each financial year taking into account the availability of resources within the multiannual financial perspective.
Article 3
1. The general outlines, the scientific and technological objectives and the priorities for the specific programme are set out in Annex II. They are consistent with the principles and the three categories of selection criteria indicated in Annex I to the fifth framework programme.
2. In accordance with these principles and criteria the selection criteria indicated in Article 10 of the rules for participation and dissemination shall be applied for the selection of the RTD activities to be carried out.
In addition, any participation of industrial entities in industrially-orientated shared-cost actions should, as a general rule, be appropriate to the nature and purpose of the activity.
All these criteria shall be complied with in the implementation of the programme, including the work programme referred to in Article 5(1), although they may be weighted differently.
3. The rules for participation and dissemination shall apply to the specific programme.
4. The detailed rules for financial participation by the Community in the specific programme are those referred to in Article 4 of the fifth framework programme.
The indirect RTD actions under the specific programme are defined in Annexes II and IV to the fifth framework programme.
Specific rules for implementing the programme are set out in Annex III to this Decision.
Article 4
In the light of the criteria referred to in Article 3, and the scientific and technological objectives and priorities set out in Annex II, the Commission:
(a) shall monitor, with appropriate assistance from independent external experts, the implementation of the specific programme and, where appropriate, submit proposals to Council for adapting it, in accordance with Article 5(1) of the fifth framework programme;
(b) shall arrange for the external assessment provided for in Article 5(2) of the fifth framework programme to be conducted concerning the activities carried out in the fields covered by the specific programme.
Article 5
1. The Commission shall draw up a work programme specifying:
(a) in greater detail, the objectives and RTD priorities of Annex II;
(b) the indicative timetable for the implementation of the specific programme;
(c) the coordination arrangements set out in Annex III and arrangements to secure the objectives, related to innovation and the participation of SMEs, of the third activity of the fifth framework programme;
(d) where necessary, the selection criteria and the arrangements for applying them for each type of indirect RTD action.
2. The work programme shall take account of relevant interests, in particular the scientific, industrial and user communities. It shall serve as a basis for implementing the indirect RTD actions according to the procedures set out in the rules for participation and dissemination.
3. The work programme shall be updated where appropriate and be made available by the Commission to all interested parties in a user-friendly form, including in electronic form.
Article 6
1. The Commission shall be responsible for the implementation of this specific programme.
2. The procedure laid down in Article 7 shall apply for the adoption of the following measures:
- the drawing-up and updating of the work programme referred to in Article 5(1), including regarding the content of calls for proposals,
- approval of RTD actions proposed for funding, including participation by entities from third countries, where the estimated amount of the Community contribution under this programme is equal to or more than EUR 0,6 million,
- the drawing-up of the terms of reference for the external assessment provided for in Article 5(2) of the fifth framework programme,
- any adjustment to the indicative breakdown of the amount as set out in Annex I.
Article 7
1. The Commission shall be assisted by two programme committees (hereinafter referred to as 'the committees`), one committees for the subprogramme 'Environment and sustainable development` and one for the subprogramme 'Energy`, each composed of representatives of the Member States and chaired by a representative of the Commission.
2. In the cases referred to in Article 6(2), the representative of the Commission shall submit to the committee a draft of measures to be taken. The committee shall deliver its opinion on the draft measures referred to above 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.
3 (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.
(b) 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.
If, on expiry of a period of nine weeks from the referral of the matter to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.
4. The Commission shall regularly inform the committees of the overall progress of the implementation of the specific programme, and shall in particular provide them with information about the progress of all RTD actions funded under this programme.
Article 8
In accordance with Article 5(4) of the fifth framework programme, the Commission shall regularly inform the Council and the European Parliament of the overall progress of the implementation of the programme, including on the participation of SMEs and the simplification of administrative procedures.
Article 9
This Decision is addressed to the Member States.
Done at Brussels, 25 January 1999.