Amended Proposal for a COUNCIL DECISION adopting a specific research and technological development programme in the field of Measurements and Testing ( 1990-1994 )
Date: 1991-12-10
Institutions: European Commission
Subjects: metrology, research and development, research body, testing

î.'OMyïISSION  OF  THE  EUROPEAN  C 0 M M U N I T I1 

C0M(91)  503 

f i n al  -  SYN  262 

B r u s s e l s, 

IfJDecember  1991 

Amended  Proposal 

f or  a 

COUNCIL  DECISION 

adopting a specific research and technological development 

programme in the field of Measurements and Testing 

(1990-1994) 

(presented by the Commission  pursuant  to Article  149(3) 

of  the EEC Treaty) 

EXPLANATORY  MEMORANDUM 

The  Commission  presented  its proposal  (COM(90)157)  to  the  Council  on  28 May  1990. 

The  European  Parliament  expressed  its  opinion  at  the  first  reading  on  20th  November  1991, 
adopting  31  amendments. 

The  Commission is amending  its initial  proposal, accepting  17 amendments  (n° 1, 2, 3, 6, 7, 8, 11, 
13,  14,  15, 17,  18, 19, 21, 22, 24 and  25) with  minor  rewording. 

The Commission  is not accepting those amendments  that it considers not to be in conformity with 
the  conclusions  of  the  Trilogue  of  17 April  1991 and  which  differ  from  the  harmonized  text  of 
the  specific  Programmes  already  adopted. 

As indicated  at  the  plenary session  of  19 November, the  Commission  also proposes  to reduce by 
2  MECU  the  funds  deemed  necessary  for  the  execution  of  the  Programme  (article  2)  to  allow 
reinforcement  of  the  corresponding  activity  to  be  carried  out  by  JRC. 

CONTENTS 

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(1990-1994) 

ANNEXI 
Scientific and technical objectives and content 

ANNEXH 
Indicative breakdown of the amounts deemed necessary 

ANNEXffl 
Rules for implementing the programme 

Page 

3 

11 

16 

17 

Amended  Proposal  for  a 

ÇQVNÇII PEÇISIW 

adopting a specific research and technological development 

programme in the field of Measurements and Testing 

(1990-1994) 

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,  w 

Having regard to the opinion of the Economic and Social Committee,  0) 

(1> 
(2) 
(J) 

OJ No C 
OJ No C 
OJ No C 

Whereas  by  its  Decision  90/221/Euratom,  EEC4),  the  Council  adopted  a  third  framework 

programme  for  Community  activities  in  the  field  of  research  and  technological  development 

(1990-1994),  specifying  inter  alia  the  actions  required,  for  improved  harmonisation  of  testing 

methods, of measurements and analysts, for the elimination of certain barriers 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  realisation  of  these  actions, by means  of 

its own  programme; 

Whereas fundamental  research must be specifically encouraged  throughout the Community in the 

field of  measurement  and  testing. 

Whereas in addition to the specific programme concerning human resources and mobility, it might 

be  necessary  to encourage  the  training of  research  workers  and  engineers  in the  context  of  this 

programme; 

Whereas  in  the  context  of  this  programme  it  is  desirable  that  an  assessment  be  made  of  the 

economic  and  social  impact  as well  as of  any technological  risks; 

Whereas,  pursuant  to  Article  4  and  Annex  I  of  Decision  90/221/Euratom,  EEC,  the  amounts 

estimated as necessary for the whole framework  programme include 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; 

(<) 

O J No  L  117, 8.5.1990,  p.28. 

5. 

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  the  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 the countries of  Eastern  Europe, 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,  that  the 

laboratories of the Member States are equipped  with the  technical  means  necessary to carry  out 

measurements  and  tests  in  a  harmonised  manner  and  are  able  to  have  the  validity  of  their 

respective  results  recognised. 

Whereas  the  Scientific  and  Technical  Research  Committee  (CREST)  has  been  consulted, 

6. 

HAS ADOPTED  THIS  DECISION: 

Article  1 

A specific  research  and  technological development  programme  in the field of measurements  and 

testing,  hereafter  referred  to  as  the  "programme",  as defined  in  Annex  I,  is hereby  adopted  for 
a  period  running  from 

w  to 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 111. 

(») 

Dale  of  adoption  by the  Council. 

Article  4 

1. 

In  the  Course of  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.  This  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 and  the 

Council. 

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 aims 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 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 

a 

1. 

ITie 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); 

9. 

the  contents  of  the calls  for  proposals; 

the  assessment  of  the  research  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  of  non-Community organizations and enterprises  referred 

to  in Article  8; 

any adaption  of  the  indicative  allocation  of  the  funds  set  out  in Annex  II; 

the  measures  to  be  undertaken  to evaluate  the  programme; 

the  arrangements  for  the  dissemination,  protection  and  exploitation  of  the  results  of 

research  carried  out  under  the  programme; 

2. 

The Commission shall inform  the Committee on the implementation  of the  accompanying 

measures  and  concerted  actions  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  co-operation  have  been 

concluded  between  the  Community  and  European  non-Member  States,  bodies  and 

enterprises  established  in  those  countries  may,  in  accordance  with  the  procedures  laid 

down  in  Article  6  and  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  in  the  countries  referred  to  in  paragraph  2  and  participating 

as a partner  in a project  undertaken  under  the programme  may benefit  from  Community 

financing  for  this programme.  Such  a body shall contribute  to  the general  administrative 

10. 

costs. 

Article  9 

This  Decision  is addressed  to  the  Member  Stales. 

Done  at  Brussels, 

For  the  Council 

The  President 

Annex  I 

11. 

SCIENTIFIC  AND  TECHNICAL  OBJECTIVES  AND  CONTENT 

This specific programme fully reflects the approach embodied in the Third Framework  Programme 

in  terms  of  the  scientific  and  technical  goals  and  the  underlying  aims which  it  pursues. 

Paragraph  2C  of  Annex  II  of  the  Framework  Programme  forms  an  integral  part  of  the  present 

specific  programme. 

The  aim  is  to  achieve  better  harmonisation  of  measuring,  analytical  and  testing  methods.  To 

attain  this  objective,  advances  must  be  made  in  measurements,  testing  techniques  and  chemical 

analyses where they are not sufficiently  accurate and therefore  laboratories cannot mutually agree 

on their results and where the measurement  methods are insufficient  to satisfy the new challenges 

in  industry,  in  the  monitoring  of  the  environment,  food  quality  and  health. 

The  research  activities will be  closely connected  to  the  requirements of  the  Internal  Market  (as 
in  the  White  Paper(S)  on  the  Completion  of  the  Internal  Market)  and  to  the 

specified 

implementation  of  specific  Community  policies.  Close  coordination  with  the  relevant  research 

programmes of the Community, and of the Member States, especially  in the field of methods  and 

standardization,  will also be  assured. 

The  following  presents  an  analytical  description  of  the content  of  the  programme, based on  and 

taking  account  of  the  above  elements. 

0) 

C OM  (85)310 

12. 

Area  1. 

Support  to  Regulations  and  Directives 

The  aim  is to  improve methods  of obtaining  reliable and  internationally  accepted  results  for  the 

application of Directives, in particular, on food  products, industrial products, and environment  and 

health. 

Hie work will consist  in developing,  improving or  harmonizing  the  test  methods  required  for  the 

implementation  of  existing  Directives  and  the  preparation  of  new  Regulations  and  Directives. 

Accordingly, work will concentrate,  in particular,  on: 

analysis of  agricultural  products,  including  animal  feeding  stuffs, 

analysis of  prepared  foodstuffs, 

measurement  of  contaminants  in  the  air,  in  water  and  in  soil  (including  bacterial 

contamination), 

measurement  of  noise  and  of  harmful  substances  in  the  workplace, 

biomedical  analysis, 

testing  of  industrial  products. 

For  existing Regulations  and  Directives, collaboration  between  the  different  laboratories will  be 

encouraged  so  as  to  help  overcome  difficulties 

in  the  application  and  harmonization  of 

methodologies. 

Area  2. 

Sectoral  testing  problems 

13. 

The  aim  will  be  to  contribute  to  the  implementation  of  "the  Global  Approach  to  Conformity 
Assessment"  of  industrial  products  (Council  Resolution  of  21/12/1989(<))  through  support  to 

European  Standardization,  laboratory  accreditation  and  mutual  recognition. 

The  work  will  consist  in  developing  collaborative  projects  to  improve  measuring  and  testing 

techniques for industrial products where different  laboratories within a particular  industrial sector 

do  not  agree  on  their  results.  This will include: 

collaborative  projects  for  improving  or  developing  new testing  methods  which  are  likely 

to become European standards (CEN, CENELEC) where advances in the  corresponding 

field are  insufficient  for  the  introduction  of  a directive on  a given  product 

collaborative projects for the improvement of standardized measuring and testing methods 

where  the  application  thereof  presents  difficulties. 

support  for  the  organization  of  comparative  studies  amongst  laboratories  where  this  is 

necessary  to  facilitate  mutual  recognition  agreements  amongst  test  laboratories. 

In this context  encouragement  will be given  to the setting up of  an  interlabOratory  methodology 

and  sample exchange  network  to  maintain  a  high  level of  reliability and  efficiency.  Support  will 

lilso be  given  to  the  harmonization  of operating  methods and practices  by organizing exchanges 

of operators. 

<*> 

OJNoO|«/l(k,/l/l9«*l) 

Area  3. 

Common  means of calibration  for  the  Community 

14. 

The  objective  is  to  support  projects  to  develop  the  calibration  means  required  by  testing 

laboratories  in  the  Community,  to  ensure  that  measurements  and  tests  are  done  on  a  common 

basis and  can  be  compared  also with  measurements done outside  the  Community. 

With  regard  to  physical  measurements,  transfer  standards  will  be  developed  to  enable  smaller 

national  metrology  laboratories  to  establish  relations  with  larger  organizations  (with  a  view  to 

establishing the traceability of  the measurements).  This will be done with particular attention  to 

the  needs of  the  newer  Member  States. 

With  regard  to chemical  analyses, reference  materials will be developed  for  the  most  important 

parameters  of  the  measurements  made  in the  food  sector,  agriculture,  the  environment,  health 

and  hygiene  at  the  workplace,  biomedical  analysis  and  industrial  products,  as described  in 

Area  1. 

******* 

Area  4. 

Development  of  new  methods  of  measurements 

15. 

The  aim  is  to  develop  new  methods  of  measurements  and  analysis  as  required  by  Community 

policies.  Basic research will be  undertaken  to  achieve this  aim. 

Such development  will concentrate  on: 

R&D  on  measurement  principles which could  lead  to  new types  of  instrumentation 

new measurement methods in the specialist areas mentioned above (Area  1), in  particular 

the  determination  of  the  chemical  form  of  polluting  elements  (speciation),  food  and 

biomedical  analyses. 

The  work will  be  carried  out  in  coordination  with  other  specific  R&D  programmes  within  the 

framework  programme. 

INDICATIVE  BREAKDOWN  OF  AMOUNTS  DEEMED  NECESSARY 

Annex  II 

16. 

Area  1. 

Area  2. 

Area  3. 

Area  4. 

Support  to Regulations  and  directives 

Sectoral  testing  problems 

Support  to means of calibration 

Development  of  new methods  of  measurements 

20  - 30  % 

20 - 30  % 

20 - 30  % 

20 - 30  % 

The breakdown between different  areas does not exclude the possibility that projects could cover 

several  areas. 

(1) 

Including  expenditure  on  staff  amounting  to  6  MECUs  and  administration  expenditure 

totalling 3  MECUs. 

(2) 

An amount deemed  necessary of 0.48 MECUs, not included in the 47.52 MECUs, will be 

earmarked  as the contribution from  this specific programme to the centralized scheme  for 

the dissemination  and  exploitation  of  results. 

An  amount  equivalent  to  at  least  10%  of  the  total  shall  be  used  for  projects  encouraging 

fundamental  research which shall be clearly  identified. 

An  amount  equivalent  to  at  least  2%  of the  total  shall be  devoted  to  projects  encpuraging  the 

training ofresearchers  in  the  fields  covered  by this specific  programme. 

RULES  FOR  IMPLEMENTING  THE  PROGRAMME 

Annex  III 

17. 

1. 

The  Commission  will  implement  the  programme  on  the  basis  of  the  objectives  and  the 

scientific  and  technical  content  described  in  Annex  I. 

2. 

The  rules  for  implementing  the  programme,  referred  to  in  Article  3, comprise  research 

and  technological  development  projects,  accompanying  measures  and  concerted  actions. 

Selection  of  projects  must  take  account  of  the  criteria  listed  in  Annex  III  to  Decision 

90/221/Euratom,  EEC  and  of  the  objectives  set  out  in Annex  I  to  this  programme. 

Research  projects 

The  projects  will  be  the  subject  of  share-cost  research  and 

technological 

development contracts and Community financial participation will not normally be 

more  than  50%.  Universities  and other  research  centres  participating  in  shared-

cost  projects  will  have  the  option  of  requesting,  for  each  project,  either  50% 

funding  of  total  expenditure  or  100%  funding  of  the  additional  marginal  costs. 

Shared-cost  research  projects  must,  as  a  general  rule,  be  carried  out  by 

participants established within  the Community.  The  projects, which  may involve, 

for  example,  universities,  research  organizations  and  industrial  firms,  including 

small  and  medium-sized  enterprises,  must,  as  a  general  rule,  provide  for 

participation by at least two mutually independent partners established in  different 

Member  States.  Contracts  relating  to  shared-cost  research  projects  must  as  a 

general  rule  be  concluded  following  a  selection  procedure  based  on  calls  for 

proposals  published  in  the  Official  Journal  of  the  European  Communities. 

Concerted  actions 

18. 

Concerted  actions  consist  of  action  by  the  Community  to  co-ordinate:  the  individual  research 

activities carried out  in the Member  States.  They may benefit  from  funding  of up to  100% of co 

ordinating  expenditure. 

Accompanying  measures 

The  accompanying  measures  referred  to  in  Article  7 and  described  in  -Annex I will  in  particular 

be  implemented  through: 

the  organization  of  seminars, workshops  and  scientific  conferences; 

internal  co-ordination  through  the  creation  of  integrating  groups  (in  particular  between 

testing  laboratories); 

training of  specialists; 

storage  and  dissemination  of  the  reference  materials certified  at  Community  level; 

promotion  of  the  exploitation  of  results; 

independent  scientific  and  strategic  evaluation  of  the  operation  of  the  projects  and  the 

programme. 

3. 

The knowledge acquired in the course of the projects will be disseminated both within  the 

specific  programme  and  by  means  of  a  centralized  activity,  pursuant  to  the  Decision 

referred  to  in  the  third  subparagraph  of  Article 4 of  Decision  90/221/Euratom,  EEC. 

ISSN 0254-1475 

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