Source: EURLEX
Language: en
Format: md

16. 7. 90 Official Journal of the European Communities No C 174/35

7. The knowledge acquired during the course of the projects shall be disseminated on the one hand within
the specific programme and on the other and by means of a centralized activity, pursuant to the Decision
referred to in the third subparagraph of Article 4 of Decision 90/221/Euratom, EEC.

Proposal for a Council Decision adopting a specific research and technological development
programme in the field of measurements and testing (1990 to 1994)

_COM(90) 157 final — SYN 262_

_(Submitted by the Commission_ _on 3 May 1990)_

(90/C 174/05)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Economic Community, and in particular Article 130q
(2) thereof,

Having regard to the proposal from the Commission,

In cooperation with the European Parliament,

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

Whereas, by Decision 90/221/Euratom, EEC( [1] ), the
Council adopted a third framework programme for
Community activities in the field of research and technological development (1990 to 1994), specifying _inter_
_alia_ the actions required, for improved harmonization,
of testing methods, of measurements and analysis, for
the elimination of certain barriers to trade in the large
internal market; whereas this Decision should be taken
in the light of the grounds set out in the preamble to
that Decision;

Whereas Article 130k of the Treaty stipulates that the
framework programme is to be implemented through
specific programmes developed within each activity;

Whereas the Joint Research Centre contributes to the

realization of these actions, by means of its own pro
gramme;

Whereas an estimate should be made of the amount of

Community financial resources needed to carry out this
specific programme; whereas the definitive amounts
will be fixed by the budgetary authority in line with
the financial perspectives covering the period 1988 to
1992 included in the Interinstitutional Agreement of
29 June 1988 ( [2] ) and with any future financial perspectives covering the period 1993 to 1994;

(!) OJ No L 117, 8. 5. 1990, p. 28.
( [2] ) OJ No L 185, 15. 7. 1988, p. 33.

Whereas, pursuant to Article 4 of and Annex I to
Decision 90/221/Euratom, EEC, the amount deemed
necessary for the whole framework programme includes
an amount of ECU 57 million for the centralized dis
semination and exploitation of results, to be divided up
in proportion to the amount envisaged for each activity;
whereas in view of the importance of this specific
programme within the 'Industrial and materials technologies' action the estimate of the financial resources
needed by this programme is to be reduced by ECU
500 000, which amount is to be allocated to the centralized activities, in order to comply with the second
sentence of Article 130p (2) of the Treaty;

Whereas this programme must be implemented by the
Commission; whereas, to help accomplish this, the
Member States are bound, pursuant to Article 5 of the
Treaty, to facilitate the achievement of its tasks, where
necessary, notably within a committee;

Whereas this programme must be implemented essentially by the selection of research and development
projects to enable them to benefit from Community
participation; whereas the Commission should encourage the submission of such projects by the usual means
of publishing calls for proposals in the _Official_ _Journal_
_of the European Communities;_ whereas a special procedure should also be devised so as to maintain a degree
of flexibility enabling the Commission, in the face of
the continuous evolution and gradual acceleration of
technological progress, also to take into consideration
spontaneous proposals consistent with the objectives of
the programme;

Whereas the projects to be carried out under the programme must be selected with special attention to the
principle of economic and social cohesion in the Community, the transnational nature of the projects and
the support to be given to small and medium-sized
enterprises;

Whereas it is only in the light of experience gathered
in the course of this programme that the Commission

No C 174/36 Official Journal of the European Communities 16. 7. 90

will be able to propose and the Council to adopt supplementary programmes by having recourse to the
means provided for in Articles 1301, 130m or 130o of
the Treaty, if they contribute to the achievement of the
programme's objectives, in accordance with the option
made available by Article 2 (2) of Decision 90/221/
Euratom, EEC;

Whereas, in accordance with Article 130g of the Treaty,
the Community's activities aimed at strengthening the
scientific and technological basis of European industry
and encouraging it to become more competitive include
promoting cooperation on research and technological
development with third countries and international
organizations; whereas such cooperation may prove
particularly beneficial for the development of this pro
gramme;

Whereas it is necessary, as Annex II to Decision
90/221/Euratom, EEC, provides, that the laboratories
of the Member States are equipped with the technical
means necessary to carry out measurements and tests
in a harmonized manner and are able to have the
validity of their respective results recognized;

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

HAS ADOPTED THIS DECISION:

_Article 1_

A specific research and technological development programme for the European Economic Community in
the field of measurements and testing, as defined in
Annex I, is hereby adopted for a period of five years
as from 1 January 1990.

_Article 2_

1. The Community funds estimated as necessary for
the execution of the programme under this Decision
amount to ECU 140 million. This amount includes ECU
50 million, for carrying out the actions instituted by
this Decision, and ECU 90 million, related to activities
by which the JRC contributes to this programme and
which will be the objective of a separate decision by
the Council.

2. Of the specified funds of ECU 50 million, the sum
of ECU 500 000 is deducted for the centralized action
of dissemination and exploitation. The amount thus
reduced to ECU 49 500 000 includes expenditure on
staff up a maximum of 16 %.

3. An indicative allocation of funds is set out in

Annex II.

4. Should the Council take a decision in implementation of Article 1 (4) of Decision 90/221/Euratom,
EEC, this decision shall be adapted to take account of
the abovementioned Decision.

5. The budgetary authority shall decide on the appropriations available for each financial year.

_Article 3_

Rules for the implementation of the programme are set
out in Annex III.

_Article 4_

The rate of the Community financial contribution shall
be laid down in accordance with Annex IV to Decision
90/221/Euratom, EEC.

_Article 5_

1. During 1992 the Commission shall review the programme and address a report on the results of the
review to the Council and the European Parliament,
together with proposals for any necessary changes.

2. At the end of the programme the Commission shall
assess the results obtained. It shall address a report
thereon to the Council and the European Parliament.

3. The reports shall be drawn up having regard to the
objectives set out in Annex I to this Decision and
in accordance with Article 2 (4) of Decision 90/221/
Euratom, EEC.

_Article 6_

1. The Commission shall be responsible for the
execution of the programme. It shall be assisted by
an advisory committee, hereinafter referred to as 'the
Committee', composed of representatives of the Member States and chaired by a representative of the Commission.

2. The contracts concluded by the Commission shall
govern the rights and obligations of each party, including the procedures for disseminating, protecting and
exploiting the research results, in accordance with the
arrangements adopted pursuant to the second paragraph of Article 130k of the Treaty.

3. A work programme for each year shall be drawn
up and updated where necessary. It shall set out the
detailed objectives and types of projects to be undertaken, and the financial arrangements to be made for
them. The Commission shall make calls for proposals
for projects on the basis of the annual work pro
grammes.

_Article 7_

1. In the cases referred to in Article 8 (1), the representative of the Commission shall submit to the Committee

a draft of the measures to be taken. The Committee

16. 7. 90 Official Journal of the European Communities No C 174/37

shall deliver its opinion on this within a time limit
which the chairman may set in accordance with the
urgency of the matter, if necessary by holding a vote.

2. The opinion shall be entered in the minutes; in
addition, each Member State shall have the right to ask
for its position to appear in the minutes.

3. The Commission shall take the fullest account of
the opinion delivered by the Committee. It shall inform
the Committee of the way in which it has taken account
of the opinion.

_Article 8_

1. The procedure laid down in Article 7 shall apply

to:

— the preparation and updating of the work programmes referred to in Article 6 (3),

— evaluation of the projects referred to in point 2 of
Annex III, as well as the estimated amount of the
Community's financial contribution when these
projects are submitted through the ordinary procedure referred to in point 4 of Annex III and the
abovementioned amount is more than ECU
5 million,

— evaluation of all projects submitted through the
exceptional procedure referred to in point 4 of
Annex III, as well as the estimated amount of the
Community's financial contribution,

— measures for evaluating the programme.

2. The Commission may consult the Committee on
any matter falling within the scope of the programme.

3. The Commission shall inform the Committee with
regard to:

— the progress of the programme,

— draft calls for proposals, referred to in Article 6 (3),

— projects, referred to in point 2 of Annex III, submitted through the ordinary procedure, for which the
Community contribution is less than ECU 5 million,
and the results of their evaluation,

— accompanying measures, referred to in point 2 of
Annex HI,

— concerted actions, referred to in point 2 of Annex III.

_Article 9_

In implementing this programme, supplementary programmes within the meaning of Article 1301, participation within the meaning of Article 130m and joint
undertakings or any other structures within the meaning of Article 130o of the Treaty may also be decided
on as the need arises.

_Article 10_

Where cooperation with third countries and international organizations aiming at achieving the objectives of this programme requires legal undertakings
between the Community and the third parties concerned, the Commission shall be authorized to negotiate, in accordance with Article 130n of the Treaty,
international agreements laying down the terms of such
cooperation.

Decisions on the conclusion of such agreements shall
be adopted in accordance with the procedure referred
to in Article 130q (2) of the Treaty.

_Article 11_

This Decision is addressed to the Member States.

_ANNEX 1_

Scientific and technical objectives and content

This specific programme fully reflects the approach embodied in the third Framework Programme in terms
of the scientific and technical goals and the underlying aims which it pursues.

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

programme.

The aim is to improve measurements, testing techniques and chemical analyses where they are not sufficiently
accurate and therefore laboratories cannot mutually agree on their results and where the measurement
methods are insufficient to satisfy the new challenges in industry, in the monitoring of the environment, food
quality and health.

No C 174/38 Official Journal of the European Communities 16. 7. 90

The research activities will be closely connected to the requirements of the internal market [as specified in
the White Paper on the completion of the internal market _(_ _[l]_ _)]_ and to the implementation of specific Community
policies. Close coordination with the relevant research programmes will be also assured.

The following presents an analytical description of the content of the programme, based on and taking
account of the above elements.

Area 1: Support to Regulations and Directives

The aim is to improve methods of obtaining reliable and internationally accepted results for the application
of Directives, in particular, on food products, environment and health.

The work will consist in developing, improving or harmonizing the test methods required for the preparation
of the new Regulations and Directives concerning agriculture, environment, health and industrial products.

For existing Regulations and Directives, difficulties may occur in the application and harmonization of
methodologies. In this context, work will be done, for example, for supporting the collaboration between
food control laboratories to harmonize the methods and results, for harmonizing the determination of
hormones in meat, for the determination of dangerous substances in the atmosphere at the workplace and
for improving the quality of chemical analyses in the context of the next monitoring campaign of the North
Sea pollution.

Area 2: Sectoral testing problems

The aim will be to contribute to the implementation of 'the global approach to conformity assessment' of
industrial products [Council resolution of 21 December 1989 ( [2] )], through support to European standardization, laboratory accreditation and mutual recognition.

The work will include collaborative projects to solve problems of measurement and testing arising in the
course of the preparation of new European norms (CEN/Cenelec); collaborative projects to solve measurement
problems arising in industry in the application of norms, in particular to avoid laboratories finding different
results when using the same standard method; organization of interlaboratory comparisons to facilitate
mutual recognition agreements between testing laboratories.

Area 3: Common means of calibration for the Community

The objective is to support projects to develop the calibration means required by testing laboratories in the
Community, to ensure that measurements and tests are done on a common basis and can be compared also
with measurements done outside the Community.

For fields such as food, agriculture, environment and biomedical analyses, the means of calibration will be
reference materials which will be used essentially by laboratories to establish the traceability of their analyses
or tests to a common reference. Similarly, transfer standards will be developed for smaller national metrology
laboratories to be connected to larger organizations. This will be done with particular attention to the needs
of the newer Member States.

Area 4: Development of new methods of measurements

The aim is to develop new methods of measurements as required by Community policies. Work in this area
will include methods for the calibration of the instruments which are used in automated manufacturing
systems (a programme carried out in consultation with the IT and with the industrial technologies programmes); methods of measurement for extremely small dimensions (micrometrology) in applications such
as microelectronics, optical components (in coordination with the IT programme); research and development
of measurement principles which could lead to new instrumentation; better and faster methods for food
control; methods for the determination of the chemical form of polluting elements (environment) and
monitoring the pollution of the working environment; new methods necessary to certify reference materials,
in particular in the field of biomedical analyses.

(*) COM(85) 310 final.
( [2] ) OJ No C 10, 16. 1. 1990, p. 1.

16. 7. 90 Official Journal of the European Communities No C 174/39

_ANNEX 11_

Indicative breakdown of expenditures for the period 1990 to 1994

_(%)_

Area 1: Support to Regulations and Directives 15-25

Area 2: Sectoral testing problems 15-25

Area 3: Support to means of calibration 25-35

Area 4: Development of new methods of measurements 25-35

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

areas.

_ANNEX 111_

Rules for implementing the programme
and activities for dissemination and exploitation of the results

1. The Commission shall implement the programme on the basis of the scientific and technical content
described in Annex I.

2. The rules for implementing the programme, referred to in Article 3, comprise research and technological
development projects, accompanying measures and concerted actions.

The direct research activities carried out by the JRC will be the subject of a separate Council Decision.

The projects shall be the subject of shared-cost research and technological development contracts.

The accompanying measures consist of applying the means to ensure proper technical execution, management and evaluation of the programme, as well as adequate dissemination and accessibility of the results,
and coordination, training and consciousness-raising of the participants in the programme.

The concerted actions are those defined in the Financial Regulation.

3. The participants in the projects must be natural or legal persons established in the Community, such as
universities, research organizations and industrial firms, including small and medium-sized enterprises,
or associations thereof, in particular European economic interest groupings (EEIGs).

Natural or legal persons established in countries which have concluded agreements with the Community
foreseeing scientific and technical research, may, based on the criterion of mutual advantage, take part
in the projects undertaken in the context of this programme. The contracting parties under such
arrangements shall not benefit from Community funding. They shall contribute to the general administrative costs.

4. The choice of projects shall be carried out according to the following order of priority, the first method
being the rule, the second the exception.

The participants in the projects shall be selected on the basis of the ordinary procedure of calls for
proposals referred to in Article 6 (3) and published in the _Official Journal of the European_ _Communities._

The Commission may also accept proposals according to an exceptional procedure and under the
conditions mentioned below, when they make a particularly promising and significant contribution as
regards the originality of the theme proposed, the novelty of the scientific and technical approach and
the methodology of execution, also taking into account the particular nature of the proposers.

No C 174/40 Official Journal of the European Communities 16. 7. 90

A favourable technical evaluation of such proposals shall not by itself be a sufficient justification for
accepting a project; this exceptional procedure may only apply after verification that the nature of the
project, as defined above, does not justify the use of the normal procedure for calls for proposals.

The exceptional procedure must be completed before the ordinary procedure in such a way that the
available amount for the Community's financial participation in projects retained by the ordinary
procedure can be determined precisely. The closing date for the exceptional procedure shall be published
each year in the _Official_ _Journal_ _of the_ _European_ _Communities._

The amount of the financial participation of the Community for all the projects retained by the exceptional
procedure will be decided each year, in relation to the projects selected according to particularly strict
criteria of excellence. In any case, this amount may not exceed 15%; it may be revised each year in the
light of experience.

The Commission shall draw up a vade mecum setting out all the rules applicable to this exceptional
procedure in order to guarantee full transparency.

5. The projects must involve at least two mutually independent partners established in different Member
States.

6. The Commission may encourage the participants to form a European Economic Interest Grouping (EEIG)
or make other arrangements for carrying out projects, such as those on a large scale, permitting
decentralized management adapted to the specific requirements of the project.

7. The knowledge acquired during the course of the projects shall be disseminated on the one hand within
the specific programme and on the other and by means of a centralized activity, pursuant to the Decision
referred to in the third subparagraph of Article 4 of Decision 90/221/Euratom, EEC.

Proposal for a Council Decision adopting a specific research and technological development
programme in the field of environment (1990 to 1994)

_COM(90) 158 final — SYN 263_

_(Submitted by the Commission_ _on 3 May 1990)_

(90/C 174/06)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Economic Community, and in particular Article 130q
(2) thereof,

Having regard to the proposal from the Commission,

In cooperation with the European Parliament,

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

Whereas by Decision 90/221/Euratom, EEC( [1] ), the
Council adopted a third framework programme for
Community activities in the field of research and technological development (1990 to 1994), specifying _inter_
_alia_ the activities to be pursued for developing the
scientific knowledge and technical know-how needed
by the Community, in particular to carry out its role
relating to the environment according to Part Three,

Title VII of the Treaty; whereas this decision should be
taken in the light of the grounds set out in the preamble
to that Decision;

Whereas Article 130k of the Treaty stipulates that the
framework programme is to be implemented through
specific programmes developed within each activity;

Whereas the Joint Research Centre shall contribute
through its own programme to the implementation of
the aforesaid activities;

Whereas an estimate should be made of the amount of

Community financial resources needed to carry out this
specific programme; whereas the definitive amounts
will be fixed by the budgetary authority in line with
the financial perspectives covering the period 1988 to
1992 included in the Interinstitutional Agreement of
29 June 1988 ( [2] ) and with any future financial perspectives covering the period 1993 to 1994;

(!) OJ No L 117, 8. 5. 1990, p. 28. ( [2] ) OJ No L 185, 15. 7. 1988, p. 33.