Source: EURLEX
Language: en
Format: md

25. 7. 89 Official Journal of the European Communities No C 188/11

## II

_(Preparatory Acts)_

# COMMISSION

Re-examined proposal for a Council Decision to adopt a first plan to support and facilitate
access to large-scale scientific facilities of European interest

_(COM(89) 90 final — SYN 93)_

_(Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty on 23 February_

_1989)_

(89/C 188/14)

PARTI

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

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

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 the terms of Article 130 k of the Treaty provide
that implementation of the framework programme be
carried out by means of specific programmes developed
within each of the action lines;

Whereas Council Decision 87/516/Euratom/EEC of 28

September 1987 (') adopting the multiannual framework
programme 1987 to 1991 includes the use of major
installations amongst the activities it provides for;

Whereas one of the objectives of the Community R&D
efforts for 1987 to 1991 _is to promote better use of human_
_resources in the Community as a whole and to improve the_
_utilization_ _of large-scale scientific and technical instal-_
_lations through the addition of a European dimension;_

Whereas the present plan whilst being consistent with the
pursuit of scientific excellence will help to improve the
Community's competitiveness in the field of research and
at the same time strengthen economic and social
cohesion in the Community;

Whereas the Commission will ensure that the research

carried out under this plan falls solely within the scope
of the EEC Treaty, even in cases where the facility or
installation used may not be wholly or partially covered
by that Treaty;

Having regard to the opinion of the Scientific and
Technical Research Committee (CREST) on the
Commission proposal,

HAS ADOPTED THIS DECISION:

_Article 1_

An experimental Community plan to support and
facilitate access to scientific and technical facilities and

installations situated in the Community hereinafter
referred to as the 'plan' — as defined in the Annex — is
hereby adopted for a four-year period commencing on
1 January 1989.

_Article 2_

1. The plan consists of temporary financial support
measures designed to facilitate access to and thereby
develop the exploitation of large-scale scientific facilities
situated in the European Community.

2. To achieve this objective, the Community will
provide financial support for operations chosen on the
basis of their scientific and technical quality. Such operations, which will be selected in conformity with the
procedure laid down in Article 3 of the present Decision,
must be based on joint proposals from the institutions or
bodies responsible for the facilities and from the
scientists or research workers wishing to acquire access
to them.

3. Community financial support for the operations
will be used to contribute as necessary to:

_(_ _[l]_ _)_ OJ No L 302, 24. 10. 1987.

No C 188/12 Official Journal of the European Communities 25. 7. 89

— the operating costs of the facilities and, if necessary,
the cost of adaptations and/or special features to
meet the objectives set out in paragraph 1,

— incidental expenditure arising from the operations,

— expenditure incurred by the scientists or research
workers including expenditure on mobility and travel.

4. The scientists or research workers acquiring access
to a facility as a result of Community financial support
under this plan shall be nationals of a Member State of
the European Community. Financial support under this
plan shall only be granted to provide access to a
scientific facility for scientists or research workers not
normally enjoying access to the facility in questions.

5. The Commission shall notify the Council and the
Parliament, within a maximum period of three months
from their selection, of the list of beneficiaries (scientific
installations and researchers) of the plan.

6. The precise objectives of the plan, together with its
detailed modalities for implementation, are set out in
Annex I.

_Article 3_

1. The Commission shall be responsible for
implementing the plan.

2. The Commission shall be assisted by a committee
of an advisory nature composed of the representatives of
the Member States and chaired by the representative of
the Commission.

3. The representative of the Commission shall submit
to the committee a draft of the measures to be taken.

The committee shall deliver its opinion on the draft,

within a time limit which the chairman may lay down
according to the urgency of the matter, if necessary by
taking a vote.

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

The Commission shall take the utmost account of the

opinion delivered by the committee. It shall inform the
committee of the manner in which its opinion has been
taken into account.

_Article 4_

The funds estimated as necessary for the execution of
the plan amount to ECU 30 million including expenditure on a staff of three.

_Article 5_

The Commission shall address a report to the Council
and to the European Parliament after 30 months on the
basis of an evaluation of the results so far achieved. This

report shall be accompanied by suggestions for changes
which may be necessary in the light of these results.

After completion of the plan, the Commission shall send
to the Council and the European Parliament a report on
the performance and results of the plan.

The abovementioned reports should be prepared in
relation to the precise objectives set out in Annex I to
this Decision and in conformity with the provisions of
Article 2 (2) of the framework programme.

_Article 6_

This Decision is addressed to the Member States.

_ANNEX_

OBJECTIVES AND IMPLEMENTATION PROCEDURES

The plan takes the form of a number of temporary financial support measures, aimed at encouraging access
to large-scale scientific and technical installations within the Community. It is of potential benefit to all
researchers in the physical biological sciences who are nationals of one of the Community Member States.

1. Objectives

The precise objectives of the plan take the following form:

— to encourage access by researchers who are nationals of Community Member States to major
scientific and technical installations within the Community to which they would not normally enjoy

access,

25. 7. 89 Official Journal of the European Communities No C 188/13

— to increase training opportunities available to European researchers so as to enable them to make
better use of major scientific and technical installations,

— to develop the use of large-scale scientific and technical facilities within the Community, where
necessary by adaptation and/or the addition of special features.

2. Potential beneficiaries

Community financial support may be made available to:

— any organization within the Community which possesses major scientific and technical equipment or
an installation of interest to the physical and biological sciences,

— any researcher or engineer who is a national of one of the Community Member States and is
currently working in a public or private sector laboratory in one of the Member States. All fields of
the physical and biological sciences are eligible.

3. Procedural arrangements

3.1. _Call for_ _proposals_ _and selection procedure_

(a) The Commission will publish a call for preliminary proposals from organizations or groups of
organizations within the Community having one or more major scientific and technical installations with experimental and/or test facilities which could be made available to scientists or
research workers who have hitherto been unable to use them.

The Commission will also ensure that scientists and research workers who could potentially
benefit under the plan from access to the facilities in question are informed of the possibilities
likely to become available.

The preliminary proposals received from those responsible for the large-scale facilities should
be accompanied by a written statement of interest expressed by potential new users.

_All information related to the call for proposals and selection procedures will be published simulta-_
_neously in all Community languages, with the aim of ensuring conditions of equal participitation in_
_all the countries of the European Community._

(b) The Commission will draw up a draft preselection list of preliminary proposals to be retained.
The committee referred to in Article 3 will be informed of the proposals received and will give
an opinion on the draft preselection list according to the procedure set out in Article 3 (3). The
Commission will then establish a preselection list of facilities which will be published in the
_Official Journal of the European Communities._

(c) On the basis of the preselection list, the Commission will ask for joint proposals from the
installations and potential users concerned. The Commission may, if necessary, assist in the
organization of meetings between those responsible for the installations and potential users
(financing of joint meetings, etc.).

(d) The Commission will submit the list of joint proposals received to the committee, which shall,
in accordance with the procedure set out in Article 3 (3), give an opinion on the operations
with a view to financial support from the plan. The Commission will then proceed to the final
selection of the operations to benefit from Community support.

3.2. _Choice of installations to receive Community support_

_Criteria of selection_

The assessment of the value of Community support will be based upon an evaluation of the
proposal put forward, on the basis of the following criteria:

(a) Quality of the facility:

— specific characteristics,

— originality or uniqueness,

— up-to-dateness,

N o C 188/14 Official Journal of the European Communities 25. 7. 89

— range of experiments or tests possible,

— backup and technical support available;

(b) Interest shown by potential users:

— priority will be given to researchers from Member States other than that in which the major
installation is situated.

(c) Cost/benefit ratio of Community support:

— the number and quality of opportunities made available at the facility in return for
Community support;

(d) Value to the Community:

— importance of the facility in respect of the Community's overall scientific and technical
potential,

— value of the experimental opportunities made available in terms of achieving the
Community's scientific and technical objectives (potential links with sectoral R&D
objectives),

— value of the facility in terms of strengthening the scientific and technical potential of certain
countries or regions of the Community.

3.3. _Mechanisms for giving Community support to selected installations_

The Commission will conclude an agreement with the recipient organization or institution which
will set out:

— the level of Community funding,

— the uses to which it may be put, including a quantification of the opportunities for access to
visiting scientists,

— the obligations imposed upon the recipient organization.

The obligations imposed on the recipient organization include, _inter alia:_

— enabling the use of the equipment and installations forming the subject of the agreement at no
extra charge by researchers not belonging to the recipient organization or institution, this being
for a fixed period of time over the year,

— ensuring _access_ by visiting scientists to the scientific and technical back-up services on site.

The contracts will also specify:

— the payment from Community funds to visiting scientists and research workers of all eligible
expenditure covered by the plan,

— the methods by which the results arising from research carried out under the agreement are to
be protected, disseminated and exploited.

Finally, the Commission will, in cooperation with the installations concerned, take all appropriate
measures to ensure the best possible implementation of the operations selected (programming, availability of machine time, etc.).

25. 7. 89 Official Journal of the European Communities No C 188/15

3.4. _Implementation report_

At the end of each year of Community support, the beneficiary organization or institute will make
a report to the Commission upon the use to which the funds awarded to them were put, and the
results arising from the use which outside researchers made of the facilities made available to them
in the context of the agreement signed with the Commission.

PART II

Comment of the Commission on the amendment of Parliament which is not accepted by the

Commission

1. During its meeting of 15 February 1989, the European Parliament, in its second reading
of the common position on the plan to support and facilitate access to large-scale scientific
facilities of European interest, adopted the attached amendment.

2. The Commission can not accept this amendment because of the following reasons:

The amendment refers to the annual budgetary procedures and has been tabled repeatedly. The
Commission believes that this amendment is not necessary as Article 130, of the EEC Treaty
already covers this issue.

_ANNEX_

Amendment of Parliament which is not accepted by the Commission

_Amendment No 7_

_Article 4_

The funds estimated as necessary for the execution of the plan amount to ECU 30 000 including
expenditure on a staff of three.

Each year, as part of the annual budgetary procedure, the Commission shall propose to the Budgetary
Authority that these funds be allocated to the title covering the programme in accordance with the real
needs for the financial year in question and the financial estimates contained in the Interinstitutional
Agreement.