Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for 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) amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2006-12-06
Institutions: European Commission
Subjects: EU programme, EU research policy, innovation, research and development, research programme

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.12.2006 
COM(2006) 803 final 

2005/0043 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for 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) 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty 

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2005/0043 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for 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. 

INTRODUCTION 

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is 
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second 
reading.  The  Commission  sets  out  its  opinion  below  on  the  40  amendments  proposed  by 
Parliament.  

2. 

BACKGROUND 

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

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 

Date of the opinion of the European Parliament at second reading: 

30 November 2006

3. 

PURPOSE OF THE PROPOSAL 

The proposal for the EC Framework programme, which covers the period 2007-2013, is based 
on Chapter XVIII of the Treaty, articles 163 to 171, which provides for an EU research policy 
and its financial instruments, in particular the multi-annual Research Framework Programme. 

In order to strengthen excellence and raise the average level of research in Europe, the basic 
principle  is  to  stimulate,  organise  and  exploit  all  forms  of  cooperation  in  research,  from 
collaboration  in  joint  projects  and  networks  to  the  coordination  of  national  research 

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programmes,  as  well  as  the  joint  implementation  of  large  technology  initiatives  and  the 
common development of infrastructures of European dimension and interest. 

The  7th  Framework  Programme  is  organised  in  four  specific  programmes,  corresponding  to 
four major objectives of European research policy: 

•  Cooperation. Support will be given to the whole range of research activities carried out in 
transnational cooperation, from collaborative projects and networks to the coordination of 
research programmes. 

•  Ideas.  A  European  Research  Council  will  be  created  to  support  investigator-driven 
“frontier–research” carried out by teams competing at the European level, in all scientific 
and technological fields, including engineering, socio-economic sciences and humanities. 

•  People. The activities supporting training and career development of researchers, referred 
to  as  “Marie  Curie”  actions,  will  be  reinforced  with  a  better  focus  on  the  key  aspects  of 
skills and career development and strengthened links with national systems. 

•  Capacities. Key aspects of European research and innovation capacities will be supported: 
research  infrastructures;  research  for  the  benefit  of  SMEs;  regional  research  driven 
clusters; unlocking the full research potential in the EU’s convergence regions; science and 
society issues; horizontal activities of international co-operation. 

•  The Joint Research Centre’s direct actions are also covered. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

The amendments adopted by the European Parliament on 30 November 2006, relate mainly to 
the  European  Research  Council,  the  renewable  energy  sources  and  energy  efficiency,  the 
budgetary distribution, the Risk Sharing Finance Facility. Some further modifications and the 
rearrangement  of  content,  mostly  in  the  themes  of  the  Cooperation  programme,  have  also 
been approved. 

These  amendments  are  the  result  of  inter-institutional  discussions  that  showed  the  complete 
agreement  among  the  Commission,  the  European  Parliament  and  the  Council  on  all  points 
included  in  them.  Therefore,  the  Commission  accepts  all  40  amendments  proposed  by  the 
Parliament. 

The Commission also notes that the attached three statements on its side are elements of the 
overall  final  compromise  that  made  possible  the  conclusion  of  the  procedure  at  second 
reading.  

5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

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Re: Article 61 

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. 

(2) 

(3) 

(4) 

(5) 

(6) 

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 solicit 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 

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Included as Annex to COM(2006) 548 

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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. 

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. 

 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. 

 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. 

(7) 

(8) 

(9) 

(10) 

(11) 

(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." 

Re: "Energy" theme 

implementation  and  assessment  of  Community  policies 

"The  ten  themes  of  the  Cooperation  Programme  include  research  needed  to  underpin  the 
the 
formulation, 
Commission  attaches  a  central  role.  It  appreciates  the  importance  that  the  European 
Parliament attaches to energy policy in general and to the promotion of energy efficiency and 
renewable  energy  sources  in  particular.  In  order  to  allow  the  Parliament  to  follow  the 
implementation  of  the  Programme,  the  Commission  intends  to  continue  the  policy  of 
transparency and provision of information. Appropriate information on projects funded by the 
FP will be fully available to the public through the internet. Particular attention will be given 
to  ensuring,  at  least  every  two  years,  a  comprehensive  presentation  of  projects  related  to 
rational and efficient use of energy and the role of renewable energy sources." 

to  which 

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Re: "Ideas" 

"In  the  context  of  the  progress  report  referred  to  in  Article 7.2  and  preceding  the  interim 
evaluation, the Commission will present to the European Parliament and the Council by mid-
2008 a Communication on the methodology and terms of reference to be used for the review 
to be carried out by independent experts concerning the ERC's structures and mechanisms. If 
necessary  the  Commission  will  present  a  proposal  for  the  adaptation  of  the  Framework 
Programme." 

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