Proposal for a COUNCIL DECISION amending Decision 2008/376/EC on the adoption of the Research Programme of the Research Fund for Coal and Steel and on the multiannual technical guidelines for this programme
Date: 2016-02-18
Institutions: Directorate-General for Research and Innovation, European Commission
Subjects: EU programme, EU research policy, coal, fund (EU), research and development, research programme, steel

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   EUROPEAN COMMISSION  Brussels, 18.2.2016  COM(2016) 75 final 2016/0047 (NLE)   Proposal for a COUNCIL DECISION amending Decision 2008/376/EC on the adoption of the Research Programme of the Research Fund for Coal and Steel and on the multiannual technical guidelines for this programme  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Objectives of the proposal 

The purpose of this proposal is to amend the legal basis of the research programme dedicated 
to the Coal and Steel sectors after the periodical assessment of its management rules with a 
view to implement the following objectives:  

 

 

 

• 

Ensuring  a  transparent  management  of  a  programme  funded  by  the  EU  general 
budget  and  under  the  responsibility  of  the  Commission  with  the  implementation  of 
the rules of the Commission concerning expert groups; 

Facilitating  access  to  funding  for  beneficiaries  with  simplified  rules  and  through  a 
proportionate alignment with the rules of the general research programme ‘Horizon 
2020’ with which Coal and Steel stakeholders are familiar; 

Updating  the  provisions  referred  to  in  the  legal  basis  concerning  in  particular 
comitology.  

General context 

After  the  expiry  of  the  European  Coal  and  Steel  Community  (ECSC)  Treaty  in  2012  and 
under  a  Protocol  annexed  to  the  EU  Treaties,  the  European  Member  States  established  the 
new “Research Fund for Coal and Steel” (RFCS) and transferred all remaining assets of the 
(expired) ECSC to this new fund. 

The RFCS Programme provides annually around 50 M€ of R&D and Innovation funding to 
both  coal  and  steel  sectors  (with  a  distribution  of  27,2  %  for  coal  and  72,8  %  for  steel) 
bringing  together  industrial  partners,  SMEs,  leading  research  centres  and  universities  across 
the  European  Union  to  develop  knowledge  and  foster  innovation.  It  covers  production 
processes, utilisation and conservation of resources, environmental improvements and safety 
at work in sectors related to the coal and steel industry. The Programme is funded by the EU 
general budget with the revenues generated by the remaining assets of the (expired) ECSC. It 
is managed by and under the responsibility of the Commission. 

The legal basis laying down the management rules of the RFCS was adopted by the Council 
in  20031  and  has  already  been  revised  in  20082.  It  provides  for  systematic  periodical 
reassessments of the programme’s relevance and of the effectiveness of its management rules 
(multiannual technical guidelines).  

• 

Consistency with existing provisions in the policy area 

The  legal  framework  concerning  ‘Horizon  2020’,  the  European  Union  programme  for 
research  and  innovation  (2014-2020)  and  in  particular  the  Regulation  of  the  European 
Parliament and of the Council laying down the rules for participation and dissemination in 
‘Horizon 2020’ influence the revision of the multiannual guidelines for RFCS, since the latter 
is  designed to  complement the actions undertaken under the Framework Programme H2020 

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- Council Decision 2003/78/EC of 1 February 2003 laying down the multiannual technical guidelines 
for the research programme of the Research Fund for Coal and Steel. 

- Council Decision 2008/376/EC of 29 April 2008 on the adoption of the research Programme of the 
Research Fund for Coal and Steel and on the multiannual technical guidelines for this programme. 

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(Article  2  of  the  legal  basis).  This  complementarity  applies at  different levels  (e.g. research 
topics, the type of instrument involved in the programmes, and their budgets, etc). 

The  proposed  revision  of  the  RFCS  legal  basis  is  focused  on  the  management  rules  of  the 
RFCS programme (chapter III) and aligns, as much as possible the procedures and concepts 
used  for  H2020  to  facilitate  the  participation  of  same  beneficiaries  to  both  programmes 
(RFCS and H2020). In particular: 

 

 

 

• 

The different category of actors in a funded project (participant, subcontractor, third 
party), their eligibility and obligations are defined in accordance with the definitions 
used in H2020 programme (new Article 29a); 

The  H2020  appointment  procedure  for  independent  experts  charged  with  the 
evaluation of proposals submitted applies for the appointment of independent experts 
in the RFCS programme (Article 39); 

The  possibility  to  charge  as  eligible  costs  an  amount  fixed  by  the  Commission  as 
Staff  costs  for  SME’s  owners  and  other  natural  persons  not  receiving  a  salary  is 
authorised (Article 33).  

Consistency with Commission’s horizontal rules 

A  clarification  on  the  nature  of  the  experts  appointed  by  the  Commission  to  attend  the 
Advisory Groups and the Technical Groups set up by the legal basis of the RFCS Programme 
is  required  to  avoid  any  conflict  of  interests.  The  revised  provisions  are  implementing  the 
horizontal rules of the Commission concerning its advisory groups (Communication from 
the  President  to  the  Commission:  Framework  for  Commission  Expert  Groups  Horizontal 
rules and public register C(2010)7649). 

To this end, the composition and tasks of the Advisory Groups (Articles 21 and 22) and the 
composition and tasks of the Technical Groups (Article 23) are revised. The competencies of 
the  Advisory  Groups  are  focused  on  the  management  rules  and  procedures,  the  segregation 
between Advisory and Technical groups is enhanced and the appointment procedure of their 
members is clarified. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Justification for the revision 

The legal basis of the RFCS provides for two systematic periodical assessments: 

 

 

on the relevance of the programme : “The Commission shall carry out a monitoring 
exercise  of  the  Research  Programme,  including  an  assessment  of  the  expected 
benefits. A report on that exercise shall be issued by the end of 2013, and thereafter 
every seven years” (Article 38 of the Council Decision 2008/376/EC);  

on the effectiveness of the management rules: "The multiannual technical guidelines 
laid down in Chapter III shall be reviewed every seven years, first period ending on 
31 December 2014. To this end, and  at the latest in  the first  six  months  of the last 
year of each seven-year period, the Commission shall reassess the operation and the 
effectiveness of the multiannual technical guidelines and, where appropriate, propose 
any amendment.”(Article 40 of Council Decision 2008/376/EC). 

On this basis, the Commission has completed in 2013 a Monitoring and Assessment exercise 
and  has  reassessed  in  2014  the  multiannual  technical  guidelines  laid  down  in  Decision 
2008/376/EC. 

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While  the  Monitoring  and  Assessment  exercise  confirmed  that  the  RFCS  has  fulfilled  its 
mandate to support the competitiveness of the coal and steel industry, the assessment of the 
operation and the effectiveness of the  multiannual technical  guidelines confirmed that some 
changes were necessary to ensure a transparent, sound and efficient management of the RFCS 
and an appropriate level of simplification. 

• 

Subsidiarity and choice of the instrument 

Under the legal  basis, only the Commission is  entrusted with the management  of  the  RFCS 
Programme. Amendements to the management rules of the programme can only be made at 
EU level, through the revision of the legal basis. 

• 

Proportionality 

The provisions concerning the Advisory Groups and the Technicals Groups have been aligned 
with the Commission horizontal  rules  on transparency while  maintaining the architecture of 
the  RFCS  legal  basis  (the  number  of  Groups  as  well  as  their  core  competencies  are 
maintained) and ensuring a high level of professional expertise expected by the Commission 
from these groups (composition of the groups, appointment process). 

3. 

STAKEHOLDER CONSULTATIONS  

The RFCS stakeholders have been involved on the basis of a draft proposal in several ad-hoc 
meetings, specific Advisory Group  meetings (Coal  Advisory Group –  CAG,  Steel Advisory 
Group  -  SAG)  and  COSCO  meetings  (equivalent  to  the  Programme  Committee  in  Horizon 
2020). Members of these groups had the opportunity to comment the draft proposal and the 
Commission services had the opportunity to explain the rationale behind the proposal and in 
particular the revised rules concerning the appointment of the members of the Advisory and 
Technical groups which have been detailed afterwards during the Commission’s interservice 
consultation. 

4. 

BUDGETARY IMPLICATION 

The proposal has no budgetary implication. 

5. 

OTHER ELEMENTS 

The  revision  concerns  the  sole  Chapter  III  of  the  legal  basis  (multiannual  technical 
guidelines). The objectives and the scope of the Programme are unchanged.  

Only the following Articles require modification: Articles 21, 22, 24, 25, 27, 28, 29, 33, 38, 
39, 41, 42 and a new Article 29a is inserted. All the orther Articles are unchanged. 

Beyond  minor  changes  or  updates,  the  substantial  changes  have  been  explained  above  : 
transparency  rules  for  expert  groups  set  up  by  the  Commission  (Articles  21,  22,  24),  staff 
costs charged for SME’s owners and other natural persons not receiving a salary (Article 33), 
and  alignment  with  H2020  rules  for  the  conditions  of  participation  to  funded  projects  for 
participants, subcontractors and third parties (Article 29a). 

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2016/0047 (NLE) 

Proposal for a 

COUNCIL DECISION 

amending Decision 2008/376/EC on the adoption of the Research Programme of the 
Research Fund for Coal and Steel and on the multiannual technical guidelines for this 
programme 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

Having regard to the Protocol, annexed to the Treaty on European Union and to the Treaty on 
the  Functioning  of  the  European  Union,  on  the  financial  consequences  of  the  expiry  of  the 
ECSC Treaty and on the Research Fund for Coal and Steel,  

Having regard to Council Decision 2003/76/EC of 1 February 2003 establishing the measures 
necessary  for  the  implementation  of  the  Protocol,  annexed  to  the  Treaty  establishing  the 
European Community, on the financial consequences of the expiry of the ECSC Treaty and on 
the Research Fund for Coal and Steel3, and in particular Article 4(3) thereof,  

Having regard to the proposal from the European Commission, 
Having regard to the opinion of the European Parliament4,  

Whereas: 

(1) 

(2) 

(3) 

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Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) 
set out in Regulation (EU) No 1291/2013 of European Parliament and of the Council5 
('Horizon  2020  Framework  Programme')  provides  an  incentive  to  review  Council 
Decision  2008/376/EC6  in  order  to  ensure  that  the  Research  Programme  of  the 
Research  Fund  for  Coal  and  Steel  ('RFCS  Programme')  complements  the  Horizon 
2020 Framework Programme in the sectors related to the coal and steel industry. 

In  order  to  ensure  a  coherent  framework  for  participation  in  both  the  RFCS 
Programme and Horizon 2020 Framework Programme it is necessary to align certain 
rules  for  participation  under  the  RFCS  Programme  with  those  applicable  under  the 
Horizon 2020 Framework Programme.  

It is necessary to revise the rules on the competencies and on the composition of the 
Advisory  Groups  and  of  the  Technical  Groups,  notably  as  regards  the  nature  of  the 
experts  appointed  by  the  Commission  to  ensure  increased  transparency  as  well  as 

OJ L 29, 5.2.2003, p. 22. 
OJ C , , p. . 
Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 
establishing Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and 
repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013, p. 948). 
Council  Decision  2008/376/EC  of  29  April  2008  on  the  adoption  of  the  Research  Programme  of  the 
Research Fund for Coal and Steel and on the multiannual technical guidelines for this programme (OJ L 
130, 20.5.2008, p. 7).  

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compliance  and  coherence  with  the  framework  for  Commission  expert  groups,  and 
contribute, as far as possible, to a balanced representation of relevant areas of expertise 
and areas of interest as well as to an optimal gender balance.  

(4) 

(5) 

It is appropriate to consider simpler funding rules to ease the participation of small and 
medium-sized  enterprises  (SME)  in  the  RFCS  Programme  and  to  permit  the  use  of 
'unit costs' to calculate eligible staff costs for SME owners and other natural persons 
not receiving a salary. 

The  measures  necessary  for  the  implementation  of  Decision  2008/376/EC  should  be 
adopted in accordance with Regulation (EU) No 182/2011 of the European Parliament 
and of the Council7. 

(6) 

Decision 2008/376/EC should therefore be amended accordingly, 

HAS ADOPTED THIS DECISION: 

Decision 2008/376/EC is amended as follows:  

(1) Article 21 is replaced by the following: 

Article 1 

“Article 21 
Tasks of the Advisory Groups 

For  the  coal-  and  steel-related  RTD  aspects  respectively,  each  Advisory  Group  shall  advise 
the Commission on the following: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

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the  overall  development  of  the  Research  Programme,  the  information  package  as
referred to in Article 25(3) and future guidelines; 

the  consistency  and  the  possible  duplication  with  other  RTD  programmes  at
Community and national level;  

the setting-out of the guiding principles for monitoring RTD projects; 

the relevance of the work being undertaken on specific projects; 

the  research  objectives  of  the  Research  Programme  listed  in  Sections  3  and  4  of
Chapter II; 

the annual priority objectives listed in the information package and, where appropriate
the priority objectives for dedicated calls as referred to in Article 25(2); 

the preparation of a manual for evaluating and selecting RTD actions, as referred to in
Articles 27 and 28; 

the rules and procedures concerning the evaluation of proposals for RTD actions; 

the drawing-up of dedicated calls for proposals as referred to in Article 25(2); 

other measures when requested to do so by the Commission."; 

Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011 
laying down the rules and general principles concerning mechanisms for control by Member States of 
the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). 

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(2) Article 22 is replaced by the following: 

“Article 22 
Composition of the Advisory Groups 

"1.  Each  Advisory  Group  shall  be  composed  in  accordance  with  the  tables  set  out  in  the 
Annex.  Members  of  the  Advisory  Groups  shall  be  individuals  appointed  by  the  Director 
General  of Directorate General  for Research and Innovation to  represent  a common interest 
shared by stakeholders. They shall not represent an individual stakeholder, but shall express 
an opinion common to the different stakeholder organisations. 

Appointments  are  made  for  a  period  of  42  months.  Members  who  are  no  longer  capable  of 
contributing effectively to the group’s deliberations, who resign or who do not comply with 
the obligations set out in Article 339 of the Treaty on the functioning of the European Union, 
shall no longer be invited to participate in any meetings of the Advisory Groups and may be 
replaced for the remainder of their term of office.  

2.  Members  of  the  Advisory  Groups  shall  be  selected  from  experts  with  competence  in  the 
areas referred to in Sections 3 and 4 of Chapter II and who have responded to public calls for 
applications. These  experts  may also be appointed on the basis  of proposals  put  forward by 
the entities referred to in the tables in the Annex.  

They shall be active in the field concerned and be aware of the industrial priorities. 

3. Within each Advisory Group, the Commission shall aim at ensuring, as far as possible,  a 
high level of expertise, as well as a balanced representation of relevant areas of expertise and 
areas of interest and a balanced representation of gender and geographical origin, taking into 
account  the  specific  tasks  of  the  Advisory  Groups,  the  type  of  expertise  required  and  the 
outcome of the experts' selection procedure."; 

(3) Article 24 is replaced by the following: 

"Article 24 
Establishment and tasks of the Coal and Steel Technical Groups 

1.  The  Coal  and  Steel  Technical  Groups  (hereinafter  referred  to  as  ‘the  Technical  Groups’) 
shall  support  the  Commission  on  the  monitoring  of  research  and  pilot  or  demonstration 
projects. 

Members  of  the  Technical  Groups  shall  be  appointed  in  their  personal  capacity  by  the 
Director General of Directorate General for Research and Innovation. 

Members who are no longer capable of contributing effectively to the group’s deliberations, 
who resign or who do not comply with the obligations set out in Article 339 of the Treaty on 
the  functioning  of  the  European  Union,  shall  no  longer  be  invited  to  participate  in  any 
meetings of the Technical Groups. 

2.  Members  of  the  Technical  Groups  shall  be  selected  from  experts  with  competence  in 
research  strategy,  management  or  production  in  the  areas referred  to  in  Sections  3  and  4  of 
Chapter II and who have responded to public call for applications.  

They  shall  be  active  in  the  field  concerned  and  have  responsibility  for  research  strategy, 
management or production in the related sectors.  

3.  Within  each  Technical  Group,  the  Commission  shall  aim  at  ensuring  a  high  level  of 
professional  expertise,  and  as  far  as  possible,  a  balanced  representation  of  relevant  areas  of 

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expertise and a balanced representation of gender and geographical origin, taking into account 
the specific tasks of the Technical Groups, the type of expertise required and the outcome of 
the experts' selection procedure. 

The Commission shall ensure that rules and procedures are in place in order to properly avoid 
and  manage  conflicts  of  interests  of  members  of  the  Technical  Groups  entrusted  with  the 
assessment  of  a  specific  project.  These  procedures  shall  also  ensure  equal  treatment  and 
fairness throughout the whole monitoring process of projects.  

Meetings of the Technical Groups shall, whenever possible, be held at venues chosen in such 
a way that project monitoring and results assessment are best ensured."; 

(4) Article 25 is replaced by the following: 

"Article 25 
Call for proposals 

1.  An  annual  call  for  proposals  shall  be  published  every  year.  The  opening  date  for 
submission  of  proposals  shall  be  published  in  the  information  package  referred  to  in 
paragraph 3. Unless otherwise specified, 15 September of each year shall be the deadline date 
for the submission of proposals for evaluation. Where the 15 September falls on a week-end 
or  on  a  Friday  or  a  Monday,  the  deadline  date  shall  be  automatically  shifted  to  the  first 
working day following 15 September. The deadline date shall be published in the information 
package referred to in paragraph 3.  

2.  Where  the  Commission,  in  accordance  with  points  (d)  and  (e)  of  Article  41,  decides  to 
modify  the  deadline  date  referred  to  in  paragraph  1  of  this  Article  for  the  submission  of 
proposals,  or  to  launch dedicated calls  for proposals, it shall publish that information  in  the 
Official Journal of the European Union. 

Dedicated calls shall indicate the dates and modalities for the submission, including whether it 
shall take place in one or two steps, and for the evaluation of the proposals, the priorities, the 
type of eligible projects as referred to in Articles 14 to 18, where necessary, and the envisaged 
funding. 

3. The Commission shall ensure that sufficient guidance and information is made available to 
all  potential  participants  at  the  time  of  publication  of  the  call  for  proposals,  in  particular 
through  an  information  package  accessible  on  the  Commission’s  website.  A  paper  copy  of 
this information package can also be obtained from the Commission on request.  

The information package shall provide information on the detailed rules for participation, the 
methods  of  managing  proposals  and  projects,  application  forms,  rules  for  the  submission  of 
proposals,  model  grant  agreements,  eligible  costs,  the  maximum  financial  contribution 
allowable,  methods  of  payment  and  the  annual  priority  objectives  of  the  Research 
Programme. 

Applications shall be submitted to the Commission in accordance with the rules laid down in 
the information package."; 

(5) in Article 27, the second paragraph is replaced by the following: 

"The Commission shall ensure that a manual for the evaluation and selection of RTD actions 
is made available to all potential participants."; 

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(6) in Article 28, paragraph 3 is replaced by the following: 

"3. The Commission shall draw up a list of the proposals adopted in order of merit."; 

(7) Article 29a is inserted: 

"Article 29a 
Implementation of actions 

1. Participants shall implement actions in compliance with all the conditions and obligations 
set out in this Decision, Regulation (EU, Euratom) No 966/2012 (*) and Regulation (EU) No 
1268/2012(**), the call for proposals and the grant agreement. 

2. Participants shall make no commitments which are incompatible with this Decision or the 
grant  agreement.  Where  a  participant  fails  to  comply  with  its  obligations  regarding  the 
technical  implementation  of  the  action,  the  other  participants  shall  comply  with  the 
obligations  without  any  additional  Union  funding  unless  the  Commission  expressly  relieves 
them of that obligation. Participants shall ensure that the Commission is informed in due time 
of any event which might significantly affect the implementation of the action or the interests 
of the Union.  

3.  Participants  shall  implement  the  action  and  shall  take  all  necessary  and  reasonable 
measures  to  that  end.  They  shall  have  the  appropriate  resources  as  and  when  needed  for 
carrying out the action. Where it is necessary for the implementation of the action, they may 
call  upon  third  parties,  including  subcontractors,  to  carry  out  work  under  the  action. 
Participants  shall  retain  responsibility  towards  the  Commission  and  towards  the  other 
participants for the work carried out.  

4. The award of subcontracts for carrying out certain elements of the action shall be limited to 
the  cases  provided  for  in  the  grant  agreement  and  to  duly  justified  cases  that  could  not  be 
clearly foreseen at the time of entry into force of the grant agreement.  

5.  Third  parties  other  than  subcontractors  may  carry  out  work  under  the  action  under  the 
conditions laid down in the grant agreement. The third party and the work to be carried out by 
it shall be identified in the grant agreement.  

Costs incurred by those third parties may be deemed eligible if the third party meets all the 
following conditions:  

(a) it would be eligible for funding if it were a participant; 

(b)  it  is  an  affiliated  entity  or  has  a  legal  link  to  a  participant  implying  a  collaboration  not 
limited to the action;  

(c) it is identified in the grant agreement;  

(d) it abides by the rules applicable to the participant under the grant agreement with regard to 
eligibility of costs and control of expenditure.  

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6.  Participants  shall  comply  with  national  legislation,  regulations  and  ethical  rules  in  the 
countries where the action will be carried out. Where appropriate, participants shall seek the 
approval of the relevant national or local ethics committees prior to the start of the action. 

(*)  Regulation  (EU,  Euratom)  No  966/2012  of  the  European  parliament  and  of  the  Council  of  25  October  2012  on  the 

financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 

(OJ L 298, 26.10.2012, p. 1) 

(**)  Commission  Delegated  Regulation  (EU)  No  1268/2012  of  29  October  2012  on  the  rules of  application  of Regulation 

(EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general 

budget of the Union (OJ L 362, 31.12.2012, p. 1)."; 

(8) Article 33 is replaced by the following: 

"Article 33 

Staff costs 

"Eligible staff costs shall cover only the actual hours worked by the persons directly carrying 
out the work under the action.  

Staff costs of SME owners and natural persons not receiving a salary may be reimbursed on 
the basis of unit costs."; 

(9) Article 39 is replaced by the following:  

"Article 39 
Appointment of independent and highly qualified experts 
For  the  appointment  of  independent  and  highly  qualified  experts  referred  to  in  Article  18, 
Article  28(2)  and  Article  38,  the  provisions  set  out  in  Article  40  of  Regulation  (EU)  No 
1290/2013 (*) shall apply by analogy.  
(*) Regulation (EU) No 1290/2013 of the European Parliament and of the Council of 11 December 2013 laying down the 
rules for participation and dissemination in "Horizon 2020 - the Framework Programme for Research and Innovation (2014-
2020)" and repealing Regulation (EC) No 1906/2006 (OJ L 347, 20.12.2013, p. 81)."; 

(10) in Article 41, point (d) is replaced by the following:  

"(d) changes to the deadline date referred to in Article 25;"; 

(11) in Article 42, paragraph 2 is replaced by the following:  

"2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 (*) 
shall apply. 

(*) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules 
and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing 
powers (OL 55, 28.2.2011, p. 13).". 

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Article 2  

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

Done at Brussels, 

For the Council 
The President 

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