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: 2020-07-16
Institutions: Directorate-General for Research and Innovation, European Commission
Subjects: EU environmental policy, EU programme, EU research policy, coal, fund (EU), innovation, reduction of gas emissions, research and development, research programme, steel

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   EUROPEAN COMMISSION  Brussels, 16.7.2020  COM(2020) 320 final 2020/0141 (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 

Reasons for and objectives of the proposal 

• 
The purpose of this proposal is to amend the Council Decision 2008/376/EC1 in order to align 
it ‘with the scientific, technological and political objectives of the Community’ according to 
Article 2 of Council Decision 2008/376/EC itself. More in detail, the present proposal has the 
objective  to  revise  the  coal  and  steel  research  objectives  of  the  Research  Programme  of  the 
Research  Fund  for  Coal  and  Steel  (‘RFCS  Research  Programme’).  The  proposal  took  into 
account  recommendations  contained  in  the  RFCS  monitoring  and  assessment  report  (2011-
2017)2
 as well as the advice of the Coal and Steel Advisory Groups3 and of the Member States 
represented in the Coal and Steel Committee4. 
This Commission’s proposal aims at bringing the RFCS Research Programme in line with the 
Paris  Agreement5,  the  Commission’s  European  Green  Deal6,  the  Sustainable  Europe 
Investment  Plan  Communications7,  the  New  Circular  Economy  Action  Plan8  and  the 
Commission’s New Industrial Strategy for Europe9. 

The proposal aims at: 

 

 

 

 

1 

2 

3 

4 
5 

6 

7 

8 

9 

Updating the coal research objectives in line with the Commission’s climate, energy 
and  environmental  targets.  It  also  aims  at  achieving  carbon  neutrality  by  2050  and 
the ‘do no harm principle’ enshrined in the European Green Deal Communication. 

Supporting a fair and just transition for coal regions in line with the principles of the 
Just Transition Mechanism.  

Revising  the  steel  research  objectives  in  order  to  prioritize  near  zero  carbon 
steelmaking technologies, applications and use. 

Providing  for  the  possibility  of  implementing  a  part  of  the  RFCS  Research 
Programme through co-programmed European Partnerships. 

in 

Information 

is  available 

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). 
Available at: https://ec.europa.eu/info/publications/research-fund-coal-and-steel-monitoring-and-
assessment-report_en 
Coal  Advisory  Group  and  the  Steel  Advisory  provided  its  comments  on  3  and  4  December  2019 
respectively. 
the  Register  of  Commission  Expert  Groups: 
https://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.groupMeeting&meetingId=1862
6  
The Coal and Steel Committee endorsed the proposed approach on 19 December 2019. 
Multilateral  Treaty,  Chapter  XXVII  Environment,  7.d  Paris  Agreement.  Entered  into  force  on  4 
November 2016. 
European  Commission  Communication  ‘The  European  Green  Deal’,  Brussels,  11  December  2019, 
COM(2019) 640. 
European  Commission  Communication  ‘Sustainable  Europe  Investment  Plan.  European  Green  Deal 
Investment Plan’ Brussels, 14 January 2020, COM(2020) 21. 
European  Commission  Communication  ‘A  New  Circular  Economy  Action  Plan’,  Brussels,  11  March 
2020, COM(2020) 98. 
European  Commission  Communication  ‘A  New  Industrial  Strategy  for  Europe’,  Brussels,  10  March 
2020, COM(2020) 102. 

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 

• 

Replacing a special regime for experts under the research framework programme by 
the  general  rules  on  remunerated  external  experts  laid  down  in  the  Financial 
Regulation10. 

Consistency with existing policy provisions in the policy area 

The proposal is part of a legal package revising the RFCS Research Programme. In particular, 
it  is  linked  to  the  Commission’s  proposals  to  amend  Council  Decision  2003/76/EC11 
establishing the measures necessary for the implementation of Protocol (No 37)12 and Council 
Decision  2003/77/EC13  laying  down  the  multiannual  financial  guidelines  for  managing  the 
assets of the European Coal and Steel Community (ECSC) in liquidation and, on completion 
of  the  liquidation,  the  assets  of  the  RFCS.  The  revision  of  Council  Decision  2003/77/EC, 
under Directorate-General Budget’s responsibility, is also consistent with the European Court 
of Auditors 2019 Review on the winding-up of the ECSC14. 

Consistency with other Union policies 

• 
On  11  December  2019,  the  European  Commission  adopted  ‘The  European  Green  Deal’15 
Communication  setting  the  framework  to  transform  the  EU  into  the  first  climate-neutral 
continent  by  2050.  The  European  Green  Deal  tackles  the  climate  and  environmental 
challenges  while  developing  a  modern,  resource-efficient  and  competitive  economy,  in  the 
framework of the United Nation’s 2030 Agenda and the sustainable development goals16.  

The  European  Green  Deal  Communication  stresses  the  Commission’s  interest  to  ‘support 
clean steel breakthrough technologies leading to a zero-carbon steel making process by 2030 
and (…) to explore whether part of the funding being liquidated under the European Coal and 
Steel Community can be used. More broadly, the EU Emissions Trading System Innovation 
Fund will help to deploy such large-scale innovative projects’17.  

Moreover,  the  Communication  ‘European  Green  Deal  Investment  Plan.  Sustainable  Europe 
Investment  Plan’,  presented  on  14  January  2020,  committed  the  Commission  to  ‘propose  a 
revision of the Regulations on the Research Fund for Coal and Steel in order to enable the use 
of a portion of the European Steel and Coal Community assets in liquidation. This will allow 

10 

11 

12 

13 

14 

15 
16 
17 

Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on 
the  financial  rules  applicable  to  the  general  budget  of  the  Union,  amending  Regulations  (EU)  No 
1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) 
No  1316/2013,  (EU)  No  223/2014,  (EU)  No  283/2014,  and  Decision  No  541/2014/EU and  repealing 
Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1). 
Council  Decision  2003/76/EC  of  01  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 Steel, 
OJ L 29, 5.2.2003. Amended by Council Decision 2018/599 of 16 April 2018. 
Protocol (No 37) on the financial consequences of the expiry of the ECSC treaty and on the Research 
fund for Coal and Steel, OJ C 115, 9.5.2008, p. 327–328. 
Council  Decision  2003/77/EC  of  1  February  2003  laying  down  multiannual  financial  guidelines  for 
managing the assets of the ECSC in liquidation and, on completion of the liquidation, the Assets of the 
Research  Fund  for  Coal  and  Steel,  OJ  L  29,  5.2.2003,  p.  25–27.  Amended  by  Council  Decision 
2008/750/EC. 
European Court of Auditors, ‘Review No 10/2019: The European Coal and Steel Community: winding-
up  is  according  to  plan,  but  funding  for  research  is  no  longer  sustainable’  2019.  Available  on: 
https://www.eca.europa.eu/lists/ecadocuments/rw19_10/rw_ecsc_en.pdf 
COM(2019) 640 
https://sustainabledevelopment.un.org/post2015/transformingourworld 
COM(2019) 640, pp. 8, 9. 

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to maintain the annual RFCS Research Programme18 of at least EUR 40 million as well as to 
enable the funding of large clean steelmaking R&I breakthrough projects. Research activities 
in  the  coal  sector  will  focus  on  regions  in  transition  in  line  with  the  principles  of  the  Just 
Transition Mechanism’19.  

The present proposal is also in line with the 2018 Communication ‘A Clean Planet for All’20, 
which  sets  out  the  European  Commission’s  strategic  long-term  vision  for  a  climate-neutral 
economy,  in  accordance  with  the  Paris  Agreement.  This  Communication  envisaged  that  the 
Commission  would  explore  how  the  assets  of  the  European  Coal  and  Steel  Community  in 
liquidation  could  support  breakthrough  technologies  for  low-carbon  steelmaking.  The 
Commission has adopted on 4 March 2020 a Proposal for a European Climate law, including 
a legally binding target of net zero greenhouse gas emissions by 2050 in the EU21.  

This  revision  also  takes  into  account  the  need  to  fuel  private  and  public  investment  in 
research, innovation  and new technologies developing solutions  for a more  competitive and 
sustainable industry, as stressed in the 2016 Commission’s Communication ‘Steel: Preserving 
sustainable jobs and growth in Europe’22.  

In  view  of  the  above  policy  development,  it  is  necessary  to  harmonize  the  RFCS  Research 
Programme’s  objectives  and  its  multiannual  technical  guidelines  with  the  above  policy 
developments, and in particular with the objectives of the European Green Deal. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  is  the  second  paragraph  of  Article  2  of  Protocol  (No  37)  on  the  financial 
consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel, 
annexed to the Treaties.  

• 

Subsidiarity (for non-exclusive competence)  

The proposed amendments to the RFCS Research Programme can only be made at EU level, 
through the revision of the legal basis.  

• 

Proportionality 

The proposal is necessary for establishing the measures necessary for the implementation of 
the Protocol, annexed to the EU Treaties, on the financial consequences of the expiry of the 
ECSC Treaty and on the Research Fund for Coal and Steel. 

• 

Choice of the instrument 

Having  regard  to  the  second  paragraph  of  Article  2  of  Protocol  (No  37),  Council  Decision 
2008/376/EC can be amended by the Council acting by qualified majority on a proposal from 
the Commission and after consulting the European Parliament.  

18 

19 
20 

21 

22 

Respecting Protocol (No 37) on the financial consequences of the expiry of the ECSC treaty and on the 
Research fund for Coal and Steel. OJ C 115, 9.5.2008, p. 327–328. 
COM(2020) 21, p. 18. 
European Commission Communication, ‘A Clean Planet for all. A European strategic long-term vision 
for a prosperous, modern, competitive and climate neutral economy’, COM(2018) 773. 
Proposal for Regulation of the European Parliament and of the Council establishing the framework for 
achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law) 
European  Commission  Communication,  ‘Steel:  Preserving  sustainable  jobs  and  growth  in  Europe’, 
COM(2016)155. 

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3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

The  proposal  is  based  on  results  of  the  seven-year  report,  which  carries  out  a  monitoring 
exercise of the RFCS Research Programme, including an assessment of the expected benefits, 
with the assistance of a panel of qualified experts23. The most recent seven yearly report was 
published on 5 February 202024. The experts analysed the functioning of the RFCS Research 
Programme, assessed the technological developments and expected benefits of the programme 
to the sector and society, and drew recommendations for the improvement of the programme, 
including a revision of the legal basis.  

• 

Stakeholder consultations 

The  RFCS  stakeholders  have  been  involved  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).  

• 

Collection and use of expertise 

The  preliminary  results  of  the  present  RFCS  monitoring  and  assessment  report  were 
illustrated  in  the  seminar  “Steel  and  Coal:  A  New  Perspective.  European  Research  and 
Innovation  in  Action”  hosted  by  the  European  Commission  on  28  March  2019  where  more 
than 100 stakeholders were present25.  

• 

Impact assessment 

An impact assessment is not necessary for the proposed revision. 

• 

Regulatory fitness and simplification 

The  proposal  is  based  on  the  results  of  the  RFCS  monitoring  and  assessment  seven  year 
report,  which  foresees  a  regular  review  of  the  RFCS  Research  Programme,  including  an 
assessment of the expected benefits. 

• 

Fundamental rights 

The proposal is in line with the protection of fundamental rights.  

4. 

BUDGETARY IMPLICATIONS 

The proposal does not create any new liabilities to be charged to the General Budget under the 
current MFF. 

23 

24 

25 

The  monitoring and assessment report is foreseen in the provisions laid down in Council Decision n° 
2008/376/EC  published  in  the  Official  Journal  of  20  May  2008  ref.  OJ  L  130/7  and  amended  by 
Council  decision  2017/955  of  29  May  2017.  This  expert  group  is  foreseen  in  C(2018)  3245  of 
30.5.2018 - Commission Implementing Decision of 30.5.2018. 
Available at: https://ec.europa.eu/info/publications/research-fund-coal-and-steel-monitoring-and-
assessment-report_en 
European Commission DG RTD, ‘Steel and Coal: European Research and Innovation in Action’, 2019. 
Available online: https://publications.europa.eu/s/mmQ7 

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5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

A monitoring and assessment of the implementation of the RFCS programme will be carried 
out in 2027. 

• 

Explanatory documents (for directives) 

Not applicable. 

• 

Detailed explanation of the specific provisions of the proposal 

The  revision  regards  the  provisions  contained  in  Chapter  II,  Sections  1,  3  and  4  of  Council 
Decision 2008/376/EC (Article 2 and Articles 4 – 10). The revision also proposes to update 
Articles  28,  39  and  41.  Finally,  it  is  proposed  to  add  a  new  Article  17a  among  the  eligible 
activities set out in Chapter III, Section 2.  

The revision is meant to:  

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 

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 

 

update of the coal research objectives (Articles 4, 5, 6, 7) in line with the European 
Green Deal and the Just Transition Mechanism; 

update  of  the  steel  research  objectives  (Articles  8,  9,  10  and  10a)  in  line  with  the 
European Green Deal and Sustainable Europe Investment Plan;  

insert a new Article 17a among the RFCS Research Programme’s eligible activities 
in  order  to  include  research  activities  under  co-programmed  European  partnerships 
among the fundable activities. Such partnerships could especially support research in 
the steel sector by developing near zero-carbon steel production processes by 2030, 
and through upscaling demonstrators of these technologies at industrial level; 

repeal  a reference to  the consultation  of the Committee (Articles 28 and 41) where 
the estimated amount of the European Union contribution under the RFCS Research 
Programme is equal to or more than EUR 0,6 million; 

make applicable the general rules on remunerated external experts laid down in the 
Financial  Regulation,  instead  of  a  special  regime  for  experts  under  the  research 
framework programme; 

repeal  a  reference to  the possibility of amending Sections 3 and 4 of Chapter  II by 
means of implementing measures (Article 41), in order to apply mutatis mutandis the 
principles applicable to empowerments given in legislative acts which are set out in 
the  Interinstitutional  Agreement  of  18  June  2019  on  non-binding  criteria  for  the 
application of Articles 290 and 291 of the Treaty on the Functioning of the European 
Union26. 

26 

Non-Binding Criteria for the application of Articles 290 and 291 of the Treaty on the Functioning of the 
European Union — 18 June 2019 (OJ C 223, 3.7.2019, p. 1–4). 

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2020/0141 (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  (No  37)  on  the  financial  consequences  of  the  expiry  of  the 
ECSC  Treaty  and  on  the  Research  Fund  for  Coal  and  Steel,  annexed  to  the  Treaty  on 
European  Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in 
particular the second paragraph of Article 2 thereof, 

Having regard to the proposal from the European Commission, 
Having regard to the opinion of the European Parliament27, 

Whereas: 

(1) 

(2) 

On  5  October  2016,  the  Union  ratified  the  Paris  Agreement28.  This  international 
agreement invites parties who have ratified it to strengthen the global response to the 
threat of climate change limiting global temperature rise to well below 2 degrees. 

In  line  with  the  Paris  Agreement,  on  11  December  2019  the  European  Commission 
published ‘The European Green Deal’ committing the Commission to ‘tackle climate 
and  environmental-related  challenges’  and  ‘to  transform  the  EU  into  a  fair  and 
prosperous society, with a modern, resource-efficient and competitive economy where 
there are no net emissions of greenhouse gases in 2050 and where economic growth is 
decoupled  from  resource  use’29.  The  European  Green  Deal  Communication,  which 
sets out a new growth strategy, announces the need to support clean steel breakthrough 
technologies  leading  to  a  zero  carbon  steelmaking  process  by  2030  and  to  explore 
whether part of the funding liquidated under the European Coal and Steel Community 
can be used. The European Green Deal Communication also states that ‘all EU actions 
and  policies  should  pull  together  to  help  the  EU  achieve  a  successful  and  just 
transition  towards  a  sustainable  future’.  In  line  with  the  ‘do  no  harm  principle’, 
enshrined in the European Green Deal Communication, the research objectives of the 
RFCS Research Programme are being revised, so as to no longer cover activities that 
perpetuate the extraction, processing and unabated use of coal.  

(3) 

The  Union  has  been  pursuing  an  ambitious  policy  on  climate  action  and  has  put  in 
place a regulatory framework to  achieve its 2030 greenhouse  gas  emission reduction 
target.  In  particular,  Regulation  (EU)  2018/199930  sets  out  the  legislative  foundation 

27 
28 

29 
30 

OJ C , , p. . 
Multilateral  Treaty,  Chapter  XXVII  Environment,  7.d  Paris  Agreement.  Entered  into  force  on  4 
November 2016. 
COM(2019)640, p. 2. 
OJ L 328, 21.12.2018, p. 1–77. 

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(4) 

(5) 

(6) 

(7) 

for  reliable,  inclusive,  cost-efficient,  transparent  and  predictable  governance  of  the 
Energy  Union  and  Climate  Action  (governance  mechanism),  which  ensures  the 
achievement of the 2030 and long-term objectives and targets of the Energy Union in 
line with the 2015 Paris Agreement on climate change. 

In  its  Communication  ‘Sustainable  Europe  Investment  Plan.  European  Green  Deal 
Investment  Plan’,  the  Commission  announced  its  intention  to  propose  a  revision  of 
Council Decision 2008/376/EC31 also with the aim to enable the funding of large clean 
steelmaking R&I breakthrough projects as well as research activities in the coal sector 
in line with the principles of the Just Transition Mechanism. 

In addition, the report on the monitoring and assessment of the Research Programme 
of the Research Fund for Coal and Steel (‘the Research Programme’) recommends to 
amend the research objectives for coal and steel set out in Sections 3 and 4 of Chapter 
II of Decision 2008/376/EC and to support breakthrough research in the steel sector as 
well as emblematic projects in the coal sector. 

It  is  necessary  therefore  to  align  the  RFCS  Research  Programme  objectives  with 
international agreements, such as the Paris Agreement, as well as with the scientific, 
technological and political objectives of the Union on climate neutrality by 2050.  

Co-programmed  partnerships  have  demonstrated  to  be  effective  in  pooling  resources 
for a common European research objective. In order to help to reach a climate-neutral 
economy by 2050, it is necessary to set out the possibility to provide support via co-
programmed  European  partnerships, 
in  synergy  and  sequencing  with  other 
programmes.  A  European  partnership  could  be  an  ideal  instrument  for  pooling 
resources  to  support research on breakthrough technologies  for the  reduction of CO2 
emissions in the steel industrial sector.  

(8) 

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

HAS ADOPTED THIS DECISION:  

Decision 2008/376/EC is amended as follows: 

Article 1 

(1) 

In Article 2, the second paragraph is replaced by the following: 

‘The  Research  Programme  shall  provide  support  for  collaborative  research  in  the  coal  and 
steel sectors. The Research Programme shall also provide support for clean steel breakthrough 
technologies  leading  to  near  zero-carbon  steel  making  projects  and  research  projects  for 
managing the just transition of formerly operating coal mines or coal mines in the process of 
closure  and  related  infrastructure  in  line  with  the  Just  Transition  Mechanism  and  in 
compliance  with  Article  4(2)  of  Council  Decision  2003/76/EC.  The  Research  Programme 
shall be consistent with the political, scientific, and technological objectives of the Union, and 
shall complement the activities carried out in the Member States and within the existing EU 
research  programmes,  in  particular  the  framework  programme  for  research,  technological 
development and demonstration activities (hereinafter referred to as ‘the Research Framework 
Programme’).’; 

31 

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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(2) 

Article 4 is replaced by the following: 

1. 

(a) 

(b) 

(c) 

(d) 

(e) 

2. 

Supporting the just transition of the coal sector and regions 

‘Article 4 

Research  projects  shall  support  the  transition  towards  a  climate-neutral  Union 
economy  by  2050,  with  the  objective  to  support  the  phasing  out  of  fossil  fuels,  to 
develop alternative activities on former mine sites and avoid or restore environmental 
damage of coal  mines in  the process  of  closure,  formerly operating  coal  mines and 
their surroundings. Projects shall in particular focus on: 

development and testing of carbon dioxide capture, use and storage technologies; 

use of geothermal energy on former coal sites; 

non-energetic  uses  and  the  production  of  raw  materials  from  mining  wastes  and 
residues  from  formerly  operating  coal  mines  or  those  in  the  closure  process,  duly 
assessing that their climate, environmental and health impact is minimised and lower 
than alternative solutions; 

repurposing  of  former  coal  and  lignite  mines  as  well  as  coal-related  infrastructure, 
including power supply services, in line with a climate-neutral and environmentally-
friendly transition; 

promoting  the  development  of  efficient  re-skilling  and  up-skilling  programmes  for 
labour affected by a coal phase out. This includes research on training and re-skilling 
of labour force employed or previously employed in the coal sector.  

Special  attention  shall  be  given  to  strengthening  European  leadership  in  managing 
the  transition  of  formerly  operating  coal  mines  and  coal-related  infrastructure 
through  technological  and  non-technological  solutions,  also  supporting  technology 
and  non-technology  transfer.  Research  activities  with  these  objectives  shall  present 
tangible  climate  and  environmental  benefits  in  line  with  the  objective  of  climate 
neutrality by 2050.’; 

(3) 

Article 5 is replaced by the following: 

‘Article 5 

Improving health and safety  

Issues concerning safety in coal mines in the process of closure and formerly operating coal 
mines with a view to improving working conditions, occupational health and safety, as well as 
environmental issues deleterious to health, shall be taken into account in the projects covering 
the activities referred to in Articles 4 and 6.  

Research  projects  shall  focus  on  diseases  related  to  mining  activities  with  the  aim  of 
improving the health of people living in coal regions in transition. Research projects shall also 
ensure protective measures during the closure of mines and in formerly operating mines.’; 

(4) 

Article 6 is replaced by the following: 

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Minimising the environmental impacts of coal mines in transition 

‘Article 6 

Research projects shall seek to minimise the impacts of coal mines in the process of 
closure  and  of  formerly  operating  mines  on  the  atmosphere,  water  and  soils. 
Research  shall  be  geared  towards  preserving  and  restoring  natural  resources  for 
future  generations  and  minimising  the  environmental  impact  of  coal  mines  in  the 
process of closure and in formerly operating mines. 

Preference shall be given to projects that envisage one or more of the following:  

new and improved technologies to avoid environmental pollution, including methane 
leakage, of coal mines in the process of closure, formerly operating mines and their 
surroundings (inter alia atmosphere, land, soils and water); 

capturing, avoiding and minimising greenhouse gas emissions, in particular methane, 
from coal deposits in the process of closure; 

managing  and  re-using  mining  waste,  fly  ash  and  desulphurisation  products  from 
coal  mines  in  the  process  of  closure  and  formerly  operating  coal  mines, 
accompanied, where relevant, by other forms of waste; 

refurbishing  waste  heaps  and  using  industrially  residues  from  coal  production  and 
consumption in coal regions in transition; 

protecting water tables and purifying mine drainage water; 

restoring  the  environment  of  former  installations  or  installations  that  are  in  the 
process  of  closure  that  used  coal,  and  their  surroundings,  notably  water,  land,  soils 
and biodiversity; 

protecting  surface  infrastructure  against  the  effects  of  subsidence  in  the  short  and 
long term.’; 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(5) 

Article 7 is repealed. 

(6) 

Article 8 is replaced by the following: 

New, sustainable and low-carbon steelmaking and finishing processes  

‘Article 8 

Research  and  technological  development  (RTD)  shall  aim  to  develop,  demonstrate  and 
improve  near  zero-carbon  steel  production  processes  with  a  view  to  raising  product  quality 
and  increasing  productivity.  Substantially  reducing  emissions,  energy  consumption,  the 
carbon footprint and other environmental impacts as well as conserving resources, shall form 
an  integral  part  of  the  activities  sought.  Research  projects  shall  address  one  or  more  of  the 
following areas: 

(a) 

new and improved breakthrough near zero-carbon iron- and steel-making processes 
and  operations,  with  particular  attention  to  carbon  direct  avoidance  and/or  smart 
carbon usage; 

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(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

steel  process  and  process  chain  optimisation  (including  iron  and  steelmaking, 
processes  based  on  recycled  scrap  melting,  secondary  metallurgy,  casting,  rolling, 
finishing  and/or  coating  operations)  via  instrumentation,  detection  of  properties  of 
intermediate  and  final  products,  modelling,  control  and  automation  including 
digitalisation,  application  of  big  data,  and/or  artificial  intelligence  and  any  other 
advanced technologies; 

steel process integration and process efficiency in near zero-carbon steel production;  

maintenance and reliability of steel production tools; 

techniques for increasing recyclability, recycling and re-use of steel and developing a 
circular economy; 

techniques  for  increasing  the  energy  efficiency  of  steel  production  by  recovery  of 
waste  heat,  prevention  of  energy  losses,  hybrid  heating  techniques  and  energy 
management solutions; 

innovative  technologies  and  solutions  for  the  iron-  and  steel  making  processes 
promoting  cross-sector  activities,  demonstration  projects  integrating  zero-carbon 
energy production or contributing to a clean hydrogen economy.’; 

(7) 

Article 9 is replaced by the following: 

‘Article 9 

Advanced steel grades and applications 

RTD shall focus on meeting the requirements of steel users to develop new near zero-carbon 
products  and  on  creating  new  market  opportunities  while  reducing  emissions  and 
environmental  impacts.  In  the  context  of  the  technologies  referred  to  in  Article  8,  research 
projects  shall  address  one or more of the following areas, with  the objective  to  deliver near 
zero-carbon steel production processes in the Union: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

new advanced steel grades; 

improvement  of  steel  properties  such  as  mechanical  and  physical  properties, 
suitability  for  further  processing,  suitability  for  various  applications  and  various 
working conditions; 

prolonging  service  life,  in  particular  by  improving  the  resistance  of  steels,  steel 
structures  to  heat  and  corrosion,  mechanical  and  thermal  fatigue  and/or  other 
deteriorating effects; 

predictive  simulation  models  on  microstructures,  mechanical  properties  and 
production processes; 

technologies relating to the forming, welding and joining of steel and other materials; 

standardisation of testing and evaluation methods; 

high-performance steels for applications like mobility, including sustainability, eco-
design methods, retrofitting, lightweight design and/or safety solutions.’; 

(8) 

Article 10 is replaced by the following: 

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‘Article 10 

Conservation of resources, protection of the environment and circular economy 

In both steel production and steel utilisation, the conservation of resources, the preservation of 
ecosystems, the transition to a circular economy and safety issues shall form an integral part 
of the RTD work. Research projects shall address one or more of the following areas: 

(a) 

(b) 

(c) 

(d) 

(e) 

techniques  for  recycling  obsolete  steel  and  by-product  from  various  sources  and 
improvement of the quality of steel scrap; 

treatment  of  waste  and  recovery  of  valuable  secondary  raw  materials,  including 
slags, inside and outside the steel plant; 

pollution control and protection of the environment in and around the workplace and 
the steel plant: gaseous, solid or liquid emissions, water management, noise, odours, 
dust, etc.; 

design of steel grades and assembled structures to facilitate the easy recovery of steel 
for recycling or re-use; 

utilisation  of  process  gases  and  elimination  of  waste  gases  emissions  from  steel 
production; 

(f) 

life cycle assessment and life cycle thinking to steel production and use.’; 

(9) 

A new Article 10a is inserted: 

‘Article 10a 

Management of work force and working conditions 

Research projects shall address one or more of the following areas: 

(a) 

(b) 

developing and disseminating competencies to keep pace with new near zero-carbon 
steel production processes, such as digitalisation and to reflect the principle of life-
long learning; 

improving  working  conditions,  including  health,  safety  and  ergonomics  in  and 
around the workplace.’; 

(10) 

A new Article 17a is inserted: 

‘Article 17a 

European Partnerships 

1. 

2. 

Part  of  the  Research  Programme  may  be  implemented  through  co-programmed 
European Partnerships established in accordance with the rules set out in [Article 8 
and Annex III to the Horizon Europe Regulation].  

For  the  purposes  of  this  Article,  a  co-programmed  European  Partnership  means  an 
initiative  prepared  with  early  involvement  of  Member  States,  where  the  Union, 
together with private and/or public partners (such as industry, universities, research 
organisations,  bodies  with  a  public  service  mission  at  local,  regional,  national  or 

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international  level  or  civil  society  organisations  including  foundations  and  NGOs), 
commit  to  jointly  support  the  development  and  implementation  of  a  programme  of 
research activities. Co-programmed European Partnerships are set up on the basis of 
memoranda  of  understanding  and/or  contractual  arrangements  between 
the 
Commission and such private and/or public partners specifying the objectives of the 
partnership,  related  commitments  for  financial  and/or  in-kind  contributions  of  the 
partners, key performance and impact  indicators, and outputs to be delivered. They 
include the identification of complementary research activities that are implemented 
by the partners and by the Research Programme. 

3. 

the  framework  of  co-programmed  European  Partnerships, 

In 
the  Research 
Programme may provide funding to activities eligible under this section, in the form 
foreseen under Article 30. In addition, it may provide funding on the form of prizes.’; 

(11)  In Article 28, paragraph (4) is replaced by the following: 

‘4. The Commission shall decide on the choice of projects and the allocation of funds.’;  

(12)  Article 39 is replaced by the following: 

Appointment of independent and highly qualified experts 

‘Article 39 

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  237  of  Regulation  (EU)  No 
2018/1046 of the European Parliament and of the Council3 shall apply.’; 

_________________________ 
3 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the 
financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) 
No  1301/2013,  (EU)  No 1303/2013,  (EU)  No 1304/2013, (EU)  No  1309/2013,  (EU)  No  1316/2013,  (EU) No 
223/2014,  (EU)  No  283/2014,  and  Decision  No  541/2014/EU  and  repealing  Regulation  (EU,  Euratom)  No 
966/2012 (OJ L 193, 30.7.2018, p. 1).’; 

(13)  In Article 41, points (a) and (c) are deleted. 

This Decision shall enter into force on the twentieth day following that of its publication in 
the  Official  Journal  of  the  European  Union.  It  shall  apply  from  the  date  in  which  Decision 
2003/76/EC applies or from 1 January 2021, whichever is the later. 

Article 2 

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Done at Brussels, 

For the Council 
The President 

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