COUNCIL DECISION of 22 December 1998 concerning the Fifth Framework Programme of the European Atomic Energy Community (Euratom) for research and training activities (1998 to 2002) (1999/64/Euratom)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 7 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 a multiannual framework programme covering all research activities, including demonstration activities, and training activities in the field of nuclear energy, to be implemented by means of research and training programmes, can be adopted pursuant to Article 7 of the Treaty;
(2) Whereas it has been held appropriate to adopt, for the period 1998 to 2002, a new framework programme in order to ensure the continuity of research and training activities in the field of nuclear energy;
(3) Whereas, in accordance with Article 4(2) of Council Decision 94/268/Euratom of 26 April 1994 concerning a framework programme of Community activities in the field of research and training for the European Atomic Energy Community (1994 to 1998) (4) the Commission is required to have an external assessment conducted into the management of, and progress with, Community activities carried out during the five years preceding that assessment, before presenting its proposal for the fifth framework programme; whereas that assessment, the conclusions thereof and the Commission's comments have been communicated to the European Parliament, the Council and the Economic and Social Committee;
(4) Whereas European Atomic Energy Community research in the field of nuclear energy must reflect the current context of the need to develop safe and acceptable energy systems that respect standards and the environment and are competitive in terms of production costs;
(5) Whereas the fifth framework programme should focus on a limited number of topics; whereas these activities, in the context of indirect actions, should be implemented through: 'key actions`, which bring together the activities (ranging from basic research through applied and generic research to development and demonstration) in a coherent whole in order to target them strategically on a common European challenge or problem; research and technological development activities of a generic nature; and activities to encourage the optimum use of, and enhance access to, research infrastructures;
(6) Whereas, furthermore, the fifth framework programme should include, in addition to the thematic aspects, horizontal aspects covering cooperation with third States and international organisations, the dissemination and exploitation of the results of research and training activities and the training and mobility of researchers;
(7) Whereas this approach presupposes the maintenance and strengthening of the potential for scientific and technological excellence existing within the Community, taking full account of the efforts of its main international partners;
(8) Whereas cooperation with all third States and international organisations must be stepped up, in particular in pursuit of the objective of the peaceful use of nuclear energy; whereas it is necessary that the Community continues to play an important international role in the field of nuclear fission safety, in particular with regard to the central and east European countries and the States that have emerged from the former Soviet Union; whereas it is also important to continue, where appropriate, international cooperation activities with regard to third States in the field of controlled thermonuclear fusion;
(9) Whereas, under Article 4(1) of the Treaty, Community research and training activities in the nuclear field must aim to complement action in the Member States; whereas Community action must therefore make it possible to bring added value to the efforts undertaken in the Member States;
(10) Whereas a financial reference amount, within the meaning of point 2 of the Declaration by the European Parliament, the Council and the Commission of 6 March 1995 (5), is included in this Decision for the entire duration of the framework programme, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty;
(11) Whereas the financial reference amount of the fifth framework programme will need to be revised should new Member States accede before the framework programme expires;
(12) Whereas Community participation in the framework programme should correspond to the financial perspective in force for the whole period of the programme; whereas account should be taken of the fact that a new financial perspective will be negotiated during the course of the fifth framework programme; whereas, if the financial reference amount were inconsistent with the amount available for research within the financial perspective then in force, or if there were no financial perspective in force, it would be necessary to decide on a new financial reference amount under the conditions provided for in the Treaty; whereas there should be equivalent arrangements for the research and training programmes; whereas, in the absence of such arrangements, the research and training programmes could not be impelemented since they would have been deprived of a legal base for the expenditures which they foresee;
(13) Whereas the criteria that have been laid down to choose the areas covered by the fifth framework programme and the related scientific and technological objectives take into account the abovementioned principles; whereas those criteria should also be consistently applied in the implementation of the fifth framework programme in order to ensure consistency;
(14) Whereas the Joint Research Centre (JRC) will implement direct research actions through research and scientific and technical support activities of an institutional character where it has special or even unique expertise and facilities in the Community or where it is entrusted with activities necessary for the framing and implementation of Community policies and tasks incumbent on the Commission pursuant to the Treaty which require the JRC's impartiality; whereas, in addition, the JRC will participate, progressively in a competitive approach, in the context of consortia, in carrying out research and training activities;
(15) Whereas the annual report to be submitted to the Council pursuant to Article 7 of the Treaty shall also be submitted by the Commission to the European Parliament; whereas, in accordance with the recommendations to be implemented in respect of transparency and sound and efficient management, arrangements should also be adopted for the systematic examination of the progress of the fifth framework programme and its evaluation;
(16) Whereas, in order to ensure consistency between the research activities undertaken under the Euratom Treaty and those carried out under the Treaty establishing the European Community, the Decision concerning the framework programme of the European Community for research, technological development and demonstration activities should be adopted at the same time and for the same period as this framework programme;
(17) Whereas the Scientific and Technical Committee has been consulted by the Commission and has delivered its opinion,
HAS DECIDED AS FOLLOWS:
Article 1
1. A multiannual framework programme for all research activities, including demonstration activities, and training activities in the field of nuclear energy, hereinafter referred to as the 'fifth framework programme`, is hereby adopted for the period 1998 to 2002.
2. The fifth framework programme shall cover the area of controlled thermonuclear fusion and energy systems related to nuclear fission, as well as that of industrial and medical uses of radiation and natural sources of radiation.
Those areas shall include, in addition to the thematic aspects, horizontal aspects concerning cooperation with third countries and international organisations, the dissemination and exploitation of results of research and training activities, and the stimulation of the training and mobility of Community researchers.
3. The criteria for selecting the areas referred to in paragraph 2 and the related objectives are set out in Annex I. They shall apply for the implementation of the fifth framework programme.
4. The general outlines of the aforementioned areas, their scientific and technological objectives and the related priorities are set out in Annex II.
5. The activities carried out in the fifth framework programme shall be closely coordinated, as appropriate, with the activities in the field of energy research described in the fifth framework programme of the European Community for research, technological development and demonstration activities (1998 to 2002), while fully respecting the legally independent nature of these two programmes.
Article 2
1. (a) The financial reference amount for the implementation of this framework programme for the period 1998 to 2002 shall be ECU 1 260 million, of which ECU 788 million shall be for controlled thermonuclear fusion and CU 281 million shall be for the JRC.
Of this amount:
- ECU 310 million is for the period 1998 to 1999,
- ECU 950 million is for the period 2000 to 2002.
(b) The figure of ECU 950 million shall be deemed to be confirmed if it is consistent with the financial perspective in force in the period 2000 to 2002. In the case of any new financial perspective in force, this condition shall be met only if
- the financial perspective indicates the share of expenditure available for research, and
- that share permits Community participation of ECU 950 million in the period 2000 to 2002.
(c) If the figure of ECU 950 million is not consistent with the financial perspective in force in the period 2000 to 2002, or if there is no financial perspective in force in those years, the Council, acting under the conditions provided for in Article 7 of the Treaty, shall:
- set a new financial reference amount,
- adapt the amounts deemed necessary for the research and training programmes referred to in Article 3, so as to ensure their consistency with the new financial reference amount.
Pending the decisions provided for in the first and second indents, the research and training programmes shall not be implemented beyond the provision in the first indent of the second subparagraph of subparagraph (a).
2. The amounts mentioned in paragraph 1 shall be subject to revision should new Member States accede before the framework programme expires.
Article 3
1. The fifth framework programme shall be implemented through two research and training programmes, on of which shall be specific to the JRC.
Each research and training programme shall specify its precise objectives on the lines of the scientific and technological objectives in Annex II, define the detailed rules for its implementation, fix its duration and provide for the means deemed necessary.
The Commission will establish and publish under its own responsibility a detailed manual of operational procedures and guidelines for the selection of research and training activities.2. Implementation of the fifth framework programme may give rise, where necessary, to supplementary programmes. It may also give rise to the conclusion of agreements with third countries or international organisations within the meaning of Article 101 of the Treaty.
Article 4
The detailed rules for financial participation by the European Atomic Energy Community in the fifth framework programme shall be those laid down in accordance with the special provisions concerning research and technological development appropriations in the Financial Regulation applicable to the general budget of the European Communities, as supplemented by Annex III to this Decision.
Article 5
1. The Commission shall continually and systematically monitor each year, with the help of independent qualified experts, the implementation of the fifth framework programme and its research and training programmes in the light of the criteria set out in Annex I and the scientific and technological objectives set out in Annex II. It shall assess, in particular, whether the objectives, priorities and financial resources are still appropriate to the changing situation. Where appropriate, it shall submit proposals to adapt or supplement the framework programme and/or the research and training programmes, taking account of the results of this assessment.
2. Before submitting its proposal for a sixth framework programme, the Commission shall have an external assessment conducted by independent highly qualified experts into the implementation of the activities in the areas referred to in Article 1(2), carried out during the five years preceding that assessment, in the light of the criteria set out in Annex I, the scientific and technological objectives set out in Annex II and the implementation of this Decision via the research and training programmes based thereon. The Commission shall communicate the conclusions thereof, together with its comments, to the European Parliament, the Council and the Economic and Social Committee.
3. The independent qualified experts referred to in paragraphs 1 and 2 shall be chosen on the grounds of their expertise and personal aptitude by the Commission, which shall take into account, in a balanced fashion, the various research players.
The Commission shall make known the full list of experts and their individual qualifications following their appointment.
4. The Commission shall regularly inform the European Parliament and the Council on the overall progress of the implementation of the framework programme and the specific programmes. In particular, the Commission shall submit a report to the European Parliament and the Council at the beginning of each year. The report shall cover in particular the research and training activities carried out during the preceding year and the work programme for the year in progress.
Article 6
Halfway through the term of the fifth framework programme, the Commission shall review progres with the programme and shall submit to the European Parliament and to the Council, on the basis of the assessments of the various research and training programmes, a communication accompanied, if appropriate, by a proposal to the Council for the adaptation of this Decision.
Done at Brussels, 22 December 1998.