CELEX: 51991PC0503
Language: en
Date: 1991-12-10
Title: Amended Proposal for a COUNCIL DECISION adopting a specific research and technological development programme in the field of Measurements and Testing ( 1990-1994 )

î.'OMyïISSION OF THE EUROPEAN C 0 M M U N I T I 1
                                            C0M(91) 503 f i n a l - SYN 262
                                             Brussels,    IfJDecember  1991
                               Amended Proposal f o r a
                                   COUNCIL DECISION
               adopting a specific research and technological development
                  programme in thefieldof Measurements and Testing
                                        (1990-1994)
            (presented by the Commission pursuant to Article 149(3)
                                  of the EEC Treaty)
 ---pagebreak---                                EXPLANATORY MEMORANDUM
The Commission presented its proposal (COM(90)157) to the Council on 28 May 1990.
The European Parliament expressed its opinion at the first reading on 20th November 1991,
adopting 31 amendments.
The Commission is amending its initial proposal, accepting 17 amendments (n° 1, 2, 3, 6, 7, 8, 11,
13, 14, 15, 17, 18, 19, 21, 22, 24 and 25) with minor rewording.
The Commission is not accepting those amendments that it considers not to be in conformity with
the conclusions of the Trilogue of 17 April 1991 and which differ from the harmonized text of
the specific Programmes already adopted.
As indicated at the plenary session of 19 November, the Commission also proposes to reduce by
2 MECU the funds deemed necessary for the execution of the Programme (article 2) to allow
reinforcement of the corresponding activity to be carried out by JRC.
 ---pagebreak---                                                CONTENTS
                                                        Page
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                     (1990-1994)
ANNEXI
Scientific and technical objectives and content           11
ANNEXH
Indicative breakdown of the amounts deemed necessary      16
ANNEXffl
Rules for implementing the programme                      17
 ---pagebreak---                                  Amended Proposal for a
                                      ÇQVNÇII PEÇISIW
                  adopting a specific research and technological development
                     programme in thefieldof Measurements and Testing
                                           (1990-1994)
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 proposalfromthe Commission,(1)
in cooperation with the European Parliament, w
Having regard to the opinion of the Economic and Social Committee, 0 )
 (1
    >   OJ No C
 (2)
        OJ No C
 (J)
        OJ No C
 ---pagebreak--- Whereas by its Decision 90/221/Euratom, EEC 4) , the Council adopted a third framework
programme for Community activities in the field of research and technological development
(1990-1994), specifying inter alia the actions required, for improved harmonisation of testing
methods, of measurements and analysts, 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 realisation of these actions, by means of
its own programme;
Whereas fundamental research must be specifically encouraged throughout the Community in the
field of measurement and testing.
Whereas in addition to the specific programme concerning human resources and mobility, it might
be necessary to encourage the training of research workers and engineers in the context of this
programme;
Whereas in the context of this programme it is desirable that an assessment be made of the
economic and social impact as well as of any technological risks;
 Whereas, pursuant to Article 4 and Annex I of Decision 90/221/Euratom, EEC, the amounts
estimated as necessary for the whole framework programme include an amount of ECU 57 million
 for the centralized dissemination and exploitation of results, to be divided up in proportion to the
 amount envisaged for each specific programme;
 (<)     O J N o L 117, 8.5.1990, p.28.
 ---pagebreak---                                                                                                5.
Whereas Decision 90/221/Euratom, EEC provides that a particular aim of Community research
must be to strengthen the scientific and technological basis of European industry, and to
encourage it to become more competitive at the international level; whereas that Decision also
provides that Community action is justified where research contributes, inter alia, to the
strengthening of the economic and social cohesion of the Community and to the promotion of
its overall harmonious development, while being consistent with the pursuit of scientific and
technical excellence; whereas this programme should contribute to the achievement of these
objectives;
Whereas small and medium-sized enterprises (SME) should be involved to the maximum extent
possible in this programme; whereas account should be taken of their special requirements
without prejudice to the scientific and technical quality of this programme;
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, particularly the countries of Eastern Europe, and international
organizations; whereas such cooperation may prove particularly beneficial for the development
of this programme;
 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 harmonised manner and are able to have the validity of their
 respective results recognised.
 ---pagebreak---                                                                                               6.
Whereas the Scientific and Technical Research Committee (CREST) has been consulted,
HAS ADOPTED THIS DECISION:
                                              Article 1
A specific research and technological development programme in the field of measurements and
testing, hereafter referred to as the "programme", as defined in Annex I, is hereby adopted for
                               w
a period running from            to 31 December 1994.
                                              Article 2
1.       The funds estimated as necessary for the execution of the programme amount to
         ECU 47.52 million, including expenditure on staff and administration amounting to
         ECU 9 million.
2.       An indicative allocation of funds is set out in Annex II.
3.       Should the Council take a decision pursuant to Article 1(4) of Decision 90/221/Euratom,
         EEC, this Decision shall be adapted accordingly.
                                              Article 3
Detailed rules for the implementation of the programme and the amount of the Community's
financial contribution are set out in Annex 111.
 (»)     Dale of adoption by the Council.
 ---pagebreak---                                          Article 4
1.  In the Course of the second year of implementation of the programme, the Commission
    shall review it and send a report on the results of its review to the European Parliament
    and the Council. This report shall be accompanied, where necessary, by proposals for
    amendment of the programme.
2.  At the end of the programme, an evaluation of the results achieved shall be conducted
    for the Commission by a group of independent experts. This group's report, together with
    any comments by the Commission, shall be submitted to the European Parliament and the
    Council.
3.  The reports referred to in paragraphs 1 and 2 shall be established 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 5
1.   Contracts concluded by the Commission shall govern the rights and obligations of each
     party, in particular the arrangements for the dissemination, protection and exploitation of
     research results, in accordance with the provisions adopted pursuant to the second
     paragraph of Article 130k of the Treaty.
 2.  A work programme shall be drawn up in accordance with the aims set out in Annex I and
     updated where necessary. It shall set out the detailed objectives and types of projects to
     be undertaken, and the corresponding financial arrangements to be made for them. The
     Commission shall make calls for proposals for projects on the basis of the work
     programme.
 ---pagebreak---                                                                                             a
                                         Article 6
1. ITie Commission shall be responsible for the implementation of the programme. It 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.
2. In the cases referred to in Article 7(1), 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.
3. 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.
4. 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 7
1. The procedure laid down in Article 6 shall apply in particular to:
    the preparation and updating of the work programme referred to in Article 5(2);
 ---pagebreak---                                                                                          9.
   the contents of the calls for proposals;
   the assessment of the research projects provided for in Annex III and the estimated
   amount of the Community's contribution to them;
   departures from the general rules set out in Annex III;
   the participation in any project of non-Community organizations and enterprises referred
   to in Article 8;
   any adaption of the indicative allocation of the funds set out in Annex II;
   the measures to be undertaken to evaluate the programme;
   the arrangements for the dissemination, protection and exploitation of the results of
   research carried out under the programme;
2. The Commission shall inform the Committee on the implementation of the accompanying
   measures and concerted actions referred to in Annex III.
                                         Article 8
1. The Commission is hereby authorized to negotiate, in accordance with Article 130n of the
   Treaty, international agreements with third countries which are members of COST, in
    particular the member countries of EFTA and the countries of Central and Eastern
    Europe, with a view to associating them with all or part of the programme.
2.  When framework agreements for scientific and technical co-operation have been
    concluded between the Community and European non-Member States, bodies and
    enterprises established in those countries may, in accordance with the procedures laid
    down in Article 6 and on the basis of the criterion of mutual benefit, be allowed to
    become partners in a project undertaken within the programme.
 ---pagebreak---                                                                                             10.
       No contracting body based in the countries referred to in paragraph 2 and participating
       as a partner in a project undertaken under the programme may benefit from Community
       financing for this programme. Such a body shall contribute to the general administrative
       costs.
                                           Article 9
This Decision is addressed to the Member Stales.
Done at Brussels,
                                                                    For the Council
                                                                    The President
 ---pagebreak---                                                                                          Annex I
                                                                                               11.
               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 of the Framework Programme forms an integral part of the present
specific programme.
The aim is to achieve better harmonisation of measuring, analytical and testing methods. To
attain this objective, advances must be made in 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.
The research activities will be closely connected to the requirements of the Internal Market (as
specified in the White Paper(S) on the Completion of the Internal Market) and to the
implementation of specific Community policies. Close coordination with the relevant research
 programmes of the Community, and of the Member States, especially in the field of methods and
 standardization, will also be assured.
 The following presents an analytical description of the content of the programme, based on and
 taking account of the above elements.
  0)     C O M (85)310
 ---pagebreak---                                                                                                   12.
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, industrial products, and environment and
health.
Hie work will consist in developing, improving or harmonizing the test methods required for the
implementation of existing Directives and the preparation of new Regulations and Directives.
Accordingly, work will concentrate, in particular, on:
        analysis of agricultural products, including animal feeding stuffs,
        analysis of prepared foodstuffs,
        measurement of contaminants in the air, in water and in soil (including bacterial
        contamination),
        measurement of noise and of harmful substances in the workplace,
        biomedical analysis,
        testing of industrial products.
For existing Regulations and Directives, collaboration between the different laboratories will be
encouraged so as to help overcome difficulties in the application and harmonization of
methodologies.
 ---pagebreak---                                                                                                      13.
   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 21/12/1989(<)) through support to
   European Standardization, laboratory accreditation and mutual recognition.
   The work will consist in developing collaborative projects to improve measuring and testing
   techniques for industrial products where different laboratories within a particular industrial sector
   do not agree on their results. This will include:
           collaborative projects for improving or developing new testing methods which are likely
            to become European standards (CEN, CENELEC) where advances in the corresponding
            field are insufficient for the introduction of a directive on a given product
            collaborative projects for the improvement of standardized measuring and testing methods
           where the application thereof presents difficulties.
            support for the organization of comparative studies amongst laboratories where this is
            necessary to facilitate mutual recognition agreements amongst test laboratories.
   In this context encouragement will be given to the setting up of an interlabOratory methodology
   and sample exchange network to maintain a high level of reliability and efficiency. Support will
  lilso be given to the harmonization of operating methods and practices by organizing exchanges
   of operators.
<*>      OJNoO|«/l(k,/l/l9«*l)
 ---pagebreak---                                                                                                14.
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.
With regard to physical measurements, transfer standards will be developed to enable smaller
national metrology laboratories to establish relations with larger organizations (with a view to
establishing the traceability of the measurements). This will be done with particular attention to
the needs of the newer Member States.
With regard to chemical analyses, reference materials will be developed for the most important
parameters of the measurements made in the food sector, agriculture, the environment, health
and hygiene at the workplace, biomedical analysis and industrial products, as described in
Area 1.
                                                                                                   *******
 ---pagebreak---                                                                                              15.
Area 4.         Development of new methods of measurements
The aim is to develop new methods of measurements and analysis as required by Community
policies. Basic research will be undertaken to achieve this aim.
Such development will concentrate on:
         R&D on measurement principles which could lead to new types of instrumentation
         new measurement methods in the specialist areas mentioned above (Area 1), in particular
         the determination of the chemical form of polluting elements (speciation), food and
         biomedical analyses.
The work will be carried out in coordination with other specific R&D programmes within the
framework programme.
 ---pagebreak---                                                                                         Annex II
                                                                                             16.
          INDICATIVE BREAKDOWN O F AMOUNTS DEEMED NECESSARY
Area 1.         Support to Regulations and directives                       20 - 30 %
Area 2.         Sectoral testing problems                                   20 - 30 %
Area 3.         Support to means of calibration                             20 - 30 %
Area 4.          Development of new methods of measurements                  20 - 30 %
The breakdown between different areas does not exclude the possibility that projects could cover
several areas.
(1)     Including expenditure on staff amounting to 6 MECUs and administration expenditure
        totalling 3 MECUs.
(2)     An amount deemed necessary of 0.48 MECUs, not included in the 47.52 MECUs, will be
        earmarked as the contribution from this specific programme to the centralized scheme for
        the dissemination and exploitation of results.
An amount equivalent to at least 10% of the total shall be used for projects encouraging
fundamental research which shall be clearly identified.
An amount equivalent to at least 2% of the total shall be devoted to projects encpuraging the
training ofresearchers in the fields covered by this specific programme.
 ---pagebreak---                                                                                       Annex III
                                                                                              17.
                 RULES FOR IMPLEMENTING THE PROGRAMME
1. The Commission will implement the programme on the basis of the objectives and 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.
   Selection of projects must take account of the criteria listed in Annex III to Decision
   90/221/Euratom, EEC and of the objectives set out in Annex I to this programme.
            Research projects
            The projects will be the subject of share-cost research and technological
            development contracts and Community financial participation will not normally be
            more than 50%. Universities and other research centres participating in shared-
            cost projects will have the option of requesting, for each project, either 50%
            funding of total expenditure or 100% funding of the additional marginal costs.
            Shared-cost research projects must, as a general rule, be carried out by
             participants established within the Community. The projects, which may involve,
             for example, universities, research organizations and industrial firms, including
            small and medium-sized enterprises, must, as a general rule, provide for
             participation by at least two mutually independent partners established in different
             Member States. Contracts relating to shared-cost research projects must as a
             general rule be concluded following a selection procedure based on calls for
             proposals published in the Official Journal of the European Communities.
 ---pagebreak---                                                                                                18.
Concerted actions
Concerted actions consist of action by the Community to co-ordinate: the individual research
activities carried out in the Member States. They may benefit from funding of up to 100% of co-
ordinating expenditure.
Accompanying measures
The accompanying measures referred to in Article 7 and described in -Annex I will in particular
be implemented through:
         the organization of seminars, workshops and scientific conferences;
         internal co-ordination through the creation of integrating groups (in particular between
         testing laboratories);
         training of specialists;
         storage and dissemination of the reference materials certified at Community level;
         promotion of the exploitation of results;
         independent scientific and strategic evaluation of the operation of the projects and the
         programme.
3.       The knowledge acquired in the course of the projects will be disseminated both within the
         specific programme 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.
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 503 final
                                                      DOCUMENTS
EN                                                                              15
                                Catalogue number : CB-CO-91-567-EN-C
                                                             ISBN 92-77-78512-8
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