EN Official Journal of the European Union L 47/33

COUNCIL DECISION

of 19 December 2011

concerning the specific programme, to be carried out by means of indirect actions, implementing the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013)

(2012/94/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 European Commission submitted after consultation of the Scientific and Technical Committee,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and Social Committee (2),

Whereas:

(1) Joint national and European efforts in the area of research and training are essential to promote and ensure economic growth and the well-being of citizens in Europe.

(2) In accordance with Council Decision 2012/93/Euratom of 19 December 2011 concerning the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013) (3) (hereinafter ‧the Framework Programme‧), the Framework Programme is to be implemented through specific programmes that define detailed rules for their implementation, fix their duration and provide for the means deemed necessary.

(3) The Framework Programme comprises two types of activities: indirect actions in fusion energy research and research on nuclear fission, safety and radiation protection, and direct actions for activities of the Joint Research Centre (JRC) in the field of nuclear waste management, environmental impact, safety and security, especially related to nuclear events and taking into account lessons learned from previous experiences. The indirect actions should be implemented by this specific programme.

(4) The rules for the participation of undertakings, research centres and universities and for the dissemination of research results under the Framework Programme should apply to this specific programme.

(5) In accordance with Article 101 of the Treaty, the Community has concluded a number of international agreements in the field of nuclear research, and efforts should be made to strengthen international research cooperation, with a view to further integrating the Community within the worldwide research community. Bilateral international cooperation is based on a solid legal framework of cooperation agreements between the Community and third countries. The Framework Programme is fundamental to the implementation of those agreements. Therefore, this specific programme should be open to the participation of countries that have concluded agreements to this effect and should be also open at project level, and on the basis of mutual benefit, to the participation of entities from third countries and of international organisations for scientific cooperation.

(6) This specific programme should contribute towards promoting sustainable development and ensuring that an appropriate safety culture is maintained.

(7) Sound financial management of this specific programme and its implementation should be ensured in an effective and user-friendly manner, while ensuring legal certainty and the accessibility of this programme to all participants, in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4) and Commission Regulation (EC, Euratom) 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5).

(8) Appropriate measures — proportionate to the Union's financial interests — should be taken to monitor both the effectiveness of the financial support granted and the effectiveness of the utilisation of these funds in order to prevent irregularities and fraud. The necessary steps should also be taken to recover funds lost, wrongly paid or incorrectly used, in accordance with Regulation (EC, Euratom) No 1605/2002, Regulation (EC, Euratom) No 2342/2002, Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests (6), Council Regulation (Euratom, EC) No 2185/96 of11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (7) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (8).

(9) Each thematic area of this specific programme should have its own budget line in the general budget of the Union.

(10) Research activities carried out within this specific programme should respect fundamental ethical principles, including those reflected in the Charter of Fundamental Rights of the European Union,

HAS ADOPTED THIS DECISION:

Article 1

The specific programme, to be carried out by means of indirect actions, implementing the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013) (hereinafter the ‧specific programme‧) is adopted for the period from 1 January 2012 to 31 December 2013.

Article 2

The specific programme shall support activities for research and training on nuclear energy, covering the whole range of indirect research actions carried out in the following thematic areas:

(a) fusion energy research (including the International Thermonuclear Experimental Reactor (ITER));

(b) research on nuclear fission, safety and radiation protection.

The objectives and broad lines of the activities referred to in this Article are set out in the Annex.

Article 3

In accordance with Article 3 of Decision 2012/93/Euratom, the maximum amount for the execution of the specific programme is EUR 2 327 054 000, of which up to 15 % shall be for the Commission's administrative expenditure. This amount is allocated as follows:

(a) fusion energy research EUR 2 208 809 000; (b) nuclear fission, safety and radiation protection EUR 118 245 000.

Article 4

All research activities carried out under the specific programme shall be carried out in compliance with fundamental ethical principles.

Article 5

1. The specific programme shall be implemented by means of the funding schemes established in Annex II to Decision 2012/93/Euratom.

2. The rules for participation of undertakings, research centres and universities and for the dissemination of research results relating to indirect actions set out in Council Regulation (Euratom) No 139/2012 of 19 December 2011 laying down the rules for the participation of undertakings, research centres and universities in indirect actions under the Framework Programme of the European Atomic Energy Community and for the dissemination of research results (2012-2013) (9) shall apply to this specific programme.

Article 6

1. The Commission shall draw up an annual work programme for the implementation of the specific programme, setting out in greater detail the objectives and scientific and technological priorities set out in the Annex, the funding schemes to be used for the topics on which proposals are invited, and the timetable for implementation.

2. The work programme shall take account of relevant research activities carried out by the Member States, associated states and European and international organisations. It shall be updated where appropriate.

3. The work programme shall specify the criteria on which proposals for indirect actions under the funding schemes are to be evaluated and projects selected. The criteria shall be those of excellence, impact and implementation. Additional requirements, weightings and thresholds may be further specified or complemented in the work programme.

4. The work programme may identify the following:

(a) organisations that receive subscriptions in the form of a membership fee;

(b) actions to support the activities of specific legal entities.

Article 7

1. The Commission shall be responsible for the implementation of the specific programme.

2. For the purposes of implementing the specific programme the Commission shall be assisted by a consultative committee. The members of this committee can vary according to the different subjects on the committee's agenda. For fission-related aspects, the composition of this committee and the detailed operational rules and procedures applicable to it shall be as laid down in Council Decision 84/338/Euratom, ECSC, EEC of 29 June 1984 dealing with structures and procedures for the management and coordination of Community research, development and demonstration activities (10). For the fusion-related aspects they shall be as laid down in Council Decision of 16 December 1980 setting up a Consultative Committee for the fusion programme (11).

3. The Commission shall regularly inform the committee of the overall progress of the implementation of the specific programme, and shall provide it with timely information on all actions proposed or funded under this specific programme.

Article 8

The Commission shall arrange for the independent monitoring, assessment and review provided for in Article 6 of Decision 2012/93/Euratom to be conducted concerning the activities carried out in the fields covered by the specific programme.

Article 9

This Decision shall enter into force on the third day following its publication in the Official Journal of the European Union.

Done at Brussels, 19 December 2011. For the Council The President M. KOROLEC

(1) Opinion of 15 November 2011 (not yet published in the Official Journal). Opinion delivered following non-compulsory consultation.

(2) OJ C 318, 29.10.2011, p. 127. Opinion delivered following non-compulsory consultation.

(3) See page 25 of this Official Journal.

(4) OJ L 248, 16.9.2002, p. 1.

(5) OJ L 357, 31.12.2002, p. 1.

(6) OJ L 312, 23.12.1995, p. 1.

(7) OJ L 292, 15.11.1996, p. 2.

(8) OJ L 136, 31.5.1999, p. 1.

(9) See page 1 of this Official Journal.

(10) OJ L 177, 4.7.1984, p. 25.

(11) Not published.