COUNCIL DECISION of 29 April 1992 adopting a specific research and technological development programme in the field of measurements and testing (1990-1994) (92/247/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 (1990-1994), specifying, inter alia, the measures required for improved harmonization of methods of testing, measuring and analysis, for the elimination of certain obstacles to trade in the large internal market; 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 the Joint Research Centre contributes to the realization of these activities, by means of its own programme; whereas close coordination between the Centre and this specific programme should be ensured;
Whereas, pursuant to Article 4 and Annex I of Decision 90/221/Euratom, EEC, the amount deemed necessary for the whole framework programme includes 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 of the activities;
Whereas, in the context of this programme, an assessment should be made of the economic and social impact as well as of any eventual technological risks;
Whereas basic research in the field of measurements and testing must be encouraged throughout the Community;
Whereas, in addition to the specific programme concerning human resources and mobility, it is necessary to encourage the training of research workers in the context of this 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 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, in accordance with Article 130g of the Treaty, the Community's activities aimed at strengthening the scientific and technological basis of European industry and encouraging it to become more competitive include promoting cooperation on research and technological development with third countries, particularly European countries, and international organizations; whereas such cooperation may prove particularly beneficial for the development of this programme;
Whereas it is necessary, as Annex II to Decision 90/221/Euratom, EEC provides, for the laboratories of the Member State to be equipped with the technical means necessary to carry out measurements and tests in a harmonized manner and to be able to have the validity of their respective results recognized, which is considered of the utmost importance for an adequate functioning of the internal market;
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 Economic Community in the field of Measurement and Testing, as defined in Annex I, is hereby adopted for a period commencing on 29 April 1992 and ending on 31 December 1994.
Article 2
1. The funds estimated as necessary for the execution of the programme amount to ECU 47,52 million, including expenditure on staff and administration amounting to ECU 9 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 second year of the implementation of the programme, the Commission shall review it and send a report on the results of its review to the European Parliament, the Council and the Economic and Social Committee; 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. The Group's report, together with the Commission's comments, shall be submitted to the European Parliament, the Council and the Economic and Social Committee.
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 objectives set out in Annex I and updated where necessary. It shall set out the detailed objectives and types of projects to be undertaken, together with 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 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 by non-Community bodies and enterprises referred to in Article 8;
- any adaptation of the indicative breakdown 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 programme.
2. The Commission shall inform the Committee of the implementation of the concerted actions and accompanying measures referred to in Annex III.
Article 8
1. The Commission is hereby authorized to negotiate, in accordance with Article 130n of the Treaty, international agreements with third countries which are members of COST, in particular the member countries of EFTA and the countries of Central and Eastern Europe, with a view to associating them with all, or part, of the programme.
2. When framework agreements for scientific and technical cooperation have been concluded between the Community and European non-Member States, bodies and enterprises established in those countries 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 outside the Community and participating as a partner in a project undertaken under the programme may benefit from Community financing for this programme. Such bodies shall contribute to the general administrative costs.
Article 9
This Decision is addressed to the Member States. Done at Luxembourg, 29 April 1992.