COUNCIL DECISION of 9 September 1991 adopting a specific research and technological development and demonstration programme for the European Economic Community in the field of agriculture and agro-industry, including fisheries (1990 to 1994) (91/504/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 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 contributing to the development of the European potential for understanding and exploiting the properties and structures of living matter; 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 shall be implemented through specific programmes developed within each activity;
Whereas basic research in the field of agriculture and agro-industry must be encouraged throughout the Community;
Whereas it is desirable to evaluate the economic and social impact of and any technological risks inherent in the programme contained in this Decision;
Whereas in addition to the specific programme concerning human resources and mobility, it might be necessary to encourage the training of research workers in the context of this programme;
Whereas, pursuant to Article 4 and Annex I of Decision 90/221/Euratom/EEC, the amount deemed necessary to carry out 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 specific programme;
Whereas the said Decision 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 it 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 the programme contained in this Decision should contribute to the achievement of these objectives;
Whereas small and medium-sized enterprises (SMEs) 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 the programme;
Whereas it is necessary, as Annex II to Decision 90/221/Euratom/EEC provides, to contribute to securing a better match between production of land and water-based biological resources and their use by consumers and industry;
Whereas agricultural and agro-industrial research is very important for the viability and competitiveness of the agricultural sector in particular in the less-developed regions of the Community and in those regions where agriculture suffers from chronic structural problems;
Having regard to the potential of non-food uses for agricultural production both to encourage the competitiveness of the European agro-industry and to assist in reducing agricultural surpluses;
Having regard to the many factors (economy, health, environment, tourism) in the defence and protection of European forests against the serious risks of degradation and destruction caused by forest fires and increasing desertification;
Whereas the Scientific and Technical Research Committee (Crest) has been consulted,
HAS ADOPTED THIS DECISION:
Article 1
1. A specific research and technological development and demonstration programme for the European Economic Community in the field of agriculture and agro-industry including fisheries, as defined in Annex I, hereafter referred to as the 'programme', is hereby adopted for a period beginning on 9 September 1991 and ending on 31 December 1994.
Article 2
1. The funds estimated as necessary for the execution of the programme amount to ECU 329,67 million, including expenditure on staff and administration amounting to ECU 20 million.
2. An indicative breakdown of funds is set out in Annex II.
3. Should the Council take a decision in implementation of 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, including the amount of the Community's financial contribution, are set out in Annex III.
Article 4
1. In 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; 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. This group's report, together with any comments by the Commission, 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 subparagraph 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, and the 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 composed of representatives of the Member States and chaired by the representative of the Commission.
2. 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 the urgency of the matter. The opinion shall be delivered by the majority provided for 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 that 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 Committee's opinion, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal concerning the measures to be taken. The Council shall act by a qualified majority.
If, on the expiry of a period of three months from referral of the matter to the Council, the latter has not acted, the measures envisaged shall be adopted by the Commission.
Article 7
1. The procedure laid down in Article 6 shall apply to:
- the preparation and updating of the work programme referred to in Article 5 (2),
- the definition of the contents of the calls for proposals,
- the assessment of the projects and concerted action provided for in Annex III and the estimated amount of the Community's contribution to them where this amount exceeds ECU 0,5 million,
- the adoption of derogations from the general rules set out in Annex III,
- the participation in any project by non-Community organizations and enterprises referred to in Article 8,
- any adaptation of the indicative breakdown of the amount, considered necessary, set out in Annex II,
- the adoption of measures relating to the evaluation of the programme,
- the arrangements for the dissemination, protection and exploitation of the results of research carried out under the programme.
2. Where, pursuant to the third indent of paragraph 1, the amount of the Community contribution is less than or equal to ECU 0,5 million, the Commission shall inform the Committee of the projects and concerted action and the outcome of their assessment.
The Commission shall also inform the Committee of the implementation of the accompanying measures 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 country members of COST, in particular member countries of the European Free Trade Association (EFTA) and Central and Eastern European countries with a view to associating them with the whole or part of the programme.
2. Where scientific and technical framework cooperation agreements have been concluded between the Community and European third countries, the 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 party based outside the Community and participating in a project undertaken under the programme may benefit from Community financing for this programme. Such party shall contribute to the general administrative costs.
Article 9
This Decision is addressed to the Member States. Done at Brussels, 9 September 1991.