Communication from the Commission to the European Parliament pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a Decision of the European Parliament and of the Council concerning the 7th Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013)
Date: 2006-09-26
Institutions: European Commission
Subjects: EU financing, EU programme, EU research policy, bio-ethics, research and development, research programme, stem cell, technological change

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.9.2006 
COM(2006) 548 final 

2005/0043 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to the second subparagraph of Article 251 (2) of the EC Treaty 

concerning the 

common position of the Council on the adoption of a Decision of the European 
Parliament and of the Council concerning the 7th Framework Programme of the 
European Community for research, technological development and demonstration 
activities (2007-2013)  

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2005/0043 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to the second subparagraph of Article 251 (2) of the EC Treaty 

concerning the 

common position of the Council on the adoption of a Decision of the European 
Parliament and of the Council concerning the 7th Framework Programme of the 
European Community for research, technological development and demonstration 
activities (2007-2013)  

1. 

BACKGROUND 

Date of the transmission of the proposal to the EP and Council 
(document COM(2005) 119 final - 2005/0043(COD) and 
2005/0044(CNS)) : 

13 April 2005 

Date of the opinion of the Committee of Regions: 

16 November 2005 

Date of the opinion of the European Economic and Social Committee: 

14 December 2005 

Date of the opinion of the European Parliament in the first reading: 

15 June 2006 

Date of transmission of the amended proposal to the EP and Council  

28 June 2006 

Date of adoption of the Common Position: 

25 September 2006 

2. 

COMMISSION’S POSITION ON THE COMMON POSITION 

In  accordance  with  Article  251  of  the  EC  Treaty,  the  present  communication  sets  out  the 
Commission’s position on the Council’s Common Position, adopted by qualified majority on 
the  7th  Framework  Programme  for  Research  and 
25 September  2006  concerning 
Technological Development, following the political agreement reached on the 24 July 2006. 
Political  agreement  on  the  Euratom  Framework  Programme  was  also  reached  on  24  July 
2006. 

Broadly,  the  Common  Position  maintains  the  structure  and  content  of  the  Framework 
Programme proposed by the Commission and is, in overall terms, highly consistent with the 
opinion of the European Parliament.  

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The Council has incorporated a large majority of the amendments adopted in the opinion of 
the European Parliament, on the first reading (15 June 2006) and accepted by the Commission 
in its amended proposal1. 

3. 

COMMENTS ON THE COMMON POSITION 

The Commission regards the Common Position as a good basis for further negotiations on the 
Framework Programme with a view to reaching a second reading agreement. 

As  regards  the  budget,  the  Council  (and  the  European  Parliament)  has  endorsed  the  overall 
amount  of  EUR  50,521 million  which  the  Commission  proposed  in  its  amended  proposal2, 
following  the  conclusion  on  17  May  2006  of  the  Interinstitutional  Agreement  between  the 
European  Parliament,  the  Council  and  the  Commission  on  budgetary  discipline  and  sound 
financial management.3 

On the budget breakdown, the Common Position is broadly consistent with the Commission 
amended proposal and the Parliament opinion, with the exception of: 

– 

In Cooperation 

– 

for 

amounts 

Increased 
“Nanosciences, 
Nanotechnologies,  Materials  and  new  Production  Technologies”,  “Energy”, 
“Environment”  as  well  as  a  small  increase  in  “Socio-economic  Sciences  and 
the Humanities”; 

“Health”, 

themes: 

five 

– 

A reduction in the theme “Security and Space”. 

– 

In Capacities  

– 

– 

A  major  decrease  in  “Research  infrastructures”  as  well  as  a  decrease  in 
“Science in Society”; 

Increased  amounts  for  “Research  for  the  benefit  of  SMEs”  and  “Research 
Potential”  as  well  as  a  small  increase  in  “Activities  of  International 
Cooperation”. 

Although,  there  is  a  strong  correlation  between  the  proposed  activities  and  the  proposed 
budget,  the  reduced  budget  for  Infrastructures  and  for  the  Theme  Security  and  Space  might 
not allow the full implementation of the activities proposed in the common position. 

As  regards  the  structure  of  the  programme,  the  Common  Position  maintains  the  various 
components  of  the  programme  proposed  by  the  Commission,  including  the  focus  on  the 
Themes  and  the  flexible  approach  of  the  programme  taking  into  account  the  seven  year 
duration.  The  Commission  agrees  that  the  coherent  development  of  policies  should  form  a 
separate  part  in  the  Capacities  programme.  However,  the  Council  has,  in  line  with  the 
Parliament, separated the theme on “Security and Space” into two themes, thus proposing ten 

1 
2 
3 

COM(2006)364 final, 28.06.2006 
COM(2005) 119 final/2, 24.05.2006 
OJ C 139, 14.6.2006, p. 1. 

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themes.  By  keeping  the  two  fields  together  the  Commission  believes  significant  flexibility 
and synergy could be achieved.  

In  terms  of  the  research  content,  a  large  proportion  of  the  amendments  proposed  by 
Parliament and accepted by the Commission in its modified proposal, are carried through into 
the common position. The Commission has in its modified proposal made clear that due to the 
reduction  in  the  budget,  the  Commission  did  not  include  amendments  which  would  mean  a 
widening of the scope of the themes thus requiring more resources. The Commission believes 
that the common position essentially respects this. However, the inclusion of the “Exploratory 
Award  Scheme”  for  SMEs  in  Capacities  is  not  in  line  with  this  principle.  The  Commission 
believes the budget should be concentrated exclusively on the funding of projects. 

The Commission endorses the strengthening of text on SMEs by proposing concrete measures 
in  the  themes,  including  by  quantitative  and  qualitative  analysis,  which  the  Commission 
believes is a more efficient approach than artificial targets which the Commission did not take 
on board in the modified proposal.  

Major  issues  for  the  Parliament  have  been  the  Joint  Technology  Initiatives,  as  well  as  the 
programmes Ideas and People.  

•  Concerning  the  Joint  Technology  Initiatives,  the  Common  position  includes  the 
modifications of the criteria for the identification of Joint Technology Initiatives. 

•  Concerning  Ideas,  important  clarifications  have  been  included  concerning  the 
term of office, the renewal and the role of the Scientific Council, the management 
and the staffing arrangements; as well inclusion of the conduct of an independent 
review  in  2010,  presented  to  the  Parliament  and  the  Council,  of  the  European 
Research Council's structures and mechanisms. 

•  Concerning  People,  a  series  of  changes  include  references  to  the  links  of  this 
programme with other parts of the Framework Programme and other community 
programmes, additions that make explicit the international dimension of this part 
of the programme, pointers to the establishment of appropriate working conditions 
of researchers and indications on the co-funding mode.  

Finally, the criteria for the support to new research infrastructures are more detailed and the 
importance of regional aspects in the construction is acknowledged. 

On stem cell related research, the Commission accepted, in its modified proposal, to include 
an article on which fields shall not be financed under the 7th Framework Programme in line 
with  the  Parliament’s  amendment.  Council  has  in  its  common  position  also  included  this 
article,  and  the  Commission  made  a  declaration  re-confirming  the  practice  to  follow  (see 
annex). 

4. 

CONCLUSION 

The  Commission  considers  that  the  Common  Position,  adopted  by  qualified  majority  on 
25 September  2006,  presents  a  strong  convergence  with  the  positions  of  both  the  European 
Parliament and the Commission. It takes into account a large proportion of the amendments 
made by the European Parliament in its first reading and integrated by the Commission into 
its amended proposal. The Commission therefore supports the Common Position. 

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ANNEX 

For the 7th Framework Programme, the European Commission proposes to continue with the 
same  ethical  framework  for  deciding  on  the  EU  funding  of  human  embryonic  stem  cell 
research as in the 6th Framework Programme. 

The European Commission proposes the continuation of this ethical framework because it has 
developed,  based  on  experience,  a  responsible  approach  for  an  area  of  science  which  holds 
much  promise  and  that  has  proven  to  work  satisfactorily  in  the  context  of  a  research 
programme in which researchers participate from many countries with very diverse regulatory 
situations.  

(1) 

The  decision  on  the  7th  Framework  Programme  explicitly  excludes  three  fields  of 
research from Community funding:  

•  Research activities aiming at human cloning for reproductive purposes;  

•  Research  activities  intended  to  modify  the  genetic  heritage  of  human  beings 

which could make such changes heritable;  

•  Research  activities  intended  to  create  human  embryos  solely  for  the  purpose  of 
research  or  for  the  purpose  of  stem  cell  procurement,  including  by  means  of 
somatic cell nuclear transfer.  

No activity will be funded that is forbidden in all Member States. No activity will be 
funded in a Member State where such activity is forbidden. 

The  decision  on  FP7  and  the  provisions  for  the  ethical  framework  governing  the 
Community funding of human embryonic stem cell research entail in no way a value 
judgement on the regulatory or ethical framework governing such research in Member 
States.  

In calling for proposals, the European Commission does not explicitly sollicit the use 
of  human  embryonic  stem  cells.  The  use  of  human  stem  cells,  be  they  adult  or 
embryonic, if any, depends on the judgement of the scientists in view of the objectives 
they want to achieve. In practice, by far the largest part of Community funds for stem 
cell  research  is  devoted  to  the  use  of  adult  stem  cells.  There  is  no  reason  why  this 
would substantially change in FP7.  

Each  project  proposing  to  use  human  embryonic  stem  cells  must  successfully  pass  a 
scientific evaluation during which the necessity of using such stem cells to achieve the 
scientific objectives is assessed by independent scientific experts.  

Proposals  which  successfully  pass  the  scientific  evaluation  are  then  subject  to  a 
stringent ethical review organised by the European Commission. In this ethical review, 
account is taken of principles reflected in the EU Charter of Fundamental Rights and 
relevant international conventions such as the Convention of the Council of Europe on 
Human Rights and Biomedicine signed in Oviedo on 4 April 1997 and its additional 
protocols and the Universal Declaration on the Human Genome and the Human Rights 
adopted  by  UNESCO.  The  ethical  review  also  serves  to  check  that  the  proposals 
respect the rules of the countries where the research will be carried out.  

(2) 

(3) 

(4) 

(5) 

(6) 

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(7) 

(8) 

(9) 

In  particular  cases,  an  ethical  review  may  be  carried  out  during  the  lifetime  of  the 
project.  

Each project proposing to use human embryonic stem cells must seek the approval of 
the  relevant  national  or  local  ethics  committee  prior  to  the  start  of  the  project.  All 
national rules and procedures must be respected, including on such issues as parental 
consent,  absence  of  financial  inducement,  etc.  Checks  will  be  made  on  whether  the 
project  includes  references  to  licensing  and  control  measures  to  be  taken  by  the 
competent authorities of the Member State where the research will be carried out.  

A  proposal  that  successfully  passes  the  scientific  evaluation,  the  national  or  local 
ethical reviews and the European ethical review will be presented for approval, on a 
case  by  case  basis,  to  the  Member  States,  meeting  as  a  Regulatory  Committee.  No 
project involving the use of human embryonic stem cells will be funded that does not 
obtain approval from the Member States.  

(10)  The European Commission will continue to work to make the results from Community 
funded stem cell research widely accessible to all researchers, for the ultimate benefit 
of patients in all countries.  

(11)  The  European  Commission  will  support  actions  and  initiatives  that  contribute  to  a 
coordination  and  rationalisation  of  HESC  research  within  a  responsible  ethical 
approach.  In  particular,  the  Commission  will  support  a  European  registry  of  human 
embryonic  stem  cell  lines.  Support  for  such  a  registry  will  allow  a  monitoring  of 
existing human embryonic stem cells in Europe will contribute to maximise their use 
by scientists and may help to avoid unnecessary derivations of new stem cell lines. 

(12)  The European Commission will continue with the current practice and will not submit 
to the Regulatory Committee proposals for projects which include research activities 
which  destroy  human  embryos,  including  for  the  procurement  of  stem  cells.  The 
exclusion of funding of this step of research will not prevent Community funding of 
subsequent steps involving human embryonic stem cells". 

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