CELEX: 51987PC0618R(01)
Language: en
Date: 1987-11-24
Title: REVISED PROPOSAL FOR A COUNCIL DECISION on a Community programme in the field of Telecommunications Technologies RACE (R&D in Advanced Communications-technologies in Europe) (submitted to the Council by the Commission, persuant to the third paragraph of Article 149/2d of the Treaty)

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COM (87) 618
Vol. 1987/0293
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                            REVISED PROPOSAL FOR A COUNCIL DECISION
           on a Community programme in the field of Telecommunications Technologies
                                                RACE
                  ( R&D in Advanced Communications-technologies in Europe)
                    (submitted to the Council by the Commission , persuant to
                       the third paragraph of Article ! 49/2d of the Treaty)
                                                                       ■/
  COM(87 ) fcl3 final .
 ---pagebreak---                                               2                                    & & ‘
RRGR259/March 2 , 1985 /6:05 AM
THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic Community and in
particular Article 130 Q §2 thereof,
Having regard to the proposal from the Commission
Having regard to the opinion of the Economic and Social Committee
Having regard to the opinion of the European Parliament and in cooperation with it
Whereas the Community has as its task, by establishing a common market and progressively
approximating the economic policies of Member States, to promote throughout the
Community a harmonious development of economic activity and closer relations between the
States belonging to it;
( 1) _  OJ No. C 304 of 28.11.1986.
(2 )    OJ No. C 68 of 16.03.1987
(3)     OJ ... ' _ .
 ---pagebreak---                                                  3
Whereas the Heads of State and Government , meeting in Stuttgart , Athens , Fontainebleau
and Brussels , emphasised the importance of telecommunications as a major source for
economic growth and social development;
Whereas the European Parliament, in its assessment of the situation and development of
telecommunications , stressed the key role of telecommunications for the future political ,
social and economic development of the Community;
Whereas on 17 December 1984 the Council agreed on the main elements of a Community
telecommunication policy in the field of advanced telecommunication services and networks
involving actions at the Community level;
Whereas ,  with   the emergence of new services and the progressive convergence of
telecommunications , data processing and wider public services , the trend is towards a
Europe-wide integrated broadband network ( Integrated Broadband Communication , 1BC )
capable of supporting a wide range of customers and service providers;
Whereas developments in telecommunications will benefit the international competitiveness of
the European economies in general and of the telecommunications industries in particular;
Whereas the option selected for advanced telecommunications technologies must be such that
it does not increase regional disparities in the Community ; whereas the development of
common specifications for equipment and services is necessary but not sufficient to prevent
further divergences in the regional development:
 ---pagebreak---                                                   4
Whereas the development of the IBC offers a wide range of opportunities for small and
medium sized companies in the manufacture of equipment and in the provision of specialised
services within the Community;
Whereas , in response to the requirement of using fully the economic and market potential of
telecommunications , the Commission has submitted a programme of action which has been
recognised by the Council as a basis for further work;
Whereas cooperation in R&D and the development of standards can make a major
contribution ,     notably by facilitating the evolution   towards future   IBC in    terms of
transnational connections and also at regional and local levels;
Whereas   the     "Single   European Act" provides a  new    political and legal base   for the
development of a scientific and technological strategy with particular importance being given
to the goal of promoting industrial competitiveness .
Whereas the Research Council on 4 June 1985 recognised the importance of the rapid
establishment of a Definition Phase for the RACE programme , in order to prepare a general
European framework for the development of advanced systems of communications for the
future and to promote technological and industrial cooperation;
Whereas the Council adopted by Decision 85/372/EEC^ the RACE Definition Phase of 18
months on which to base the decision for the main programme by the end of 1986;
Whereas, by its decision of 28 September 1987^), the Council has adopted a Framework
Programme of Community activities in the field of Research and Technological Development
( 1987-1991 ) providing for research to be undertaken leading towards a large market and an
information and communications society , including telecommunications;
(Ό      OJ No . L 210 of 7.8.1985 .
(5)     OJ No . ..
 ---pagebreak---                                                    5
Whereas the constitution or consolidation of a specifically European industrial potential in
the technologies concerned is an urgent necessity; whereas its beneficiaries must be network
operators ,  research   establishments ,  undertakings , including   small    and medium-sized
enterprises and other bodies established in the Community which are best suited to attain
these objectives;
Whereas the RACE Definition Phase has produced the requisite conclusions;
Whereas the RACE Management Committee has carried out an assessment and called for the
necessary decisions to be taken in time to ensure the follow-up of the work ;
Whereas it is in the Community’s interest to consolidate the scientific and financial basis of
European research by means of the involvement to a greater extent of participants from
European third countries in certain Community programmes and particularly in programmes
involving cooperation in research and development of telecommunications technology ;
Whereas close coordination with ESPRIT is essential , since both programmes benefit from
each other;
Whereas good coordination with EUREKA and / or other European transnational cooperation
projects and national actions is essential to prevent duplication of effort ;
Whereas during the RACE main phase , numerous decisions will have to be taken which are
extremely relevant to consumers , whether private individuals or businesses , such as those
concerning the desired level of confidentiality and privacy of data transfer:
Whereas one fundamental concern which has emerged from the RACE definition phase is the
lack of attention to the consumer-oriented aspects of future telecommunications services :
whereas Quality requirements and costs are associated problems in respect of which ongoing
decisions will have to be made during the RACE main phase : whereas , therefore . Parliament
must be kept constantly      informed of developments so that , where appropriate ,     it may
intervene ;
Whereas the implementation of concerted actions in the COST framework is an essential
element to complement industrially-oriented R&D projects;
Whereas the Scientific and Technical Research Committee ( CREST) has expressed its opinion;
Whereas , on the basis of results achieved , the programme may be extended for a second
period of five years , following a proposal from the Commission ,
 ---pagebreak---                                                6
HAS ADOPTED THE DECISION:
                                        Article 1
   1. A Community programme in the field of telecommunication technologies, RACE ,
      is adopted for an initial period of 5 years commencing 1 June 1987 .
   2. The programme is designed , in concertation with public and private actions in the
      field of telecommunications technologies     undertaken at national and international
      level , to promote the competitiveness of the Community’s telecommunications
      industry, operators and service providers in order to make available to the final
      users, at minimum cost and with minimum delay, the services which will sustain
      the competitiveness     of the European economy over the coming decades and
      contribute to maintaining and creating employment in the Community .
 ---pagebreak---                                                                  7
                                                         Article 2
      1.     The programme summary and objectives , as set out in more detail in Annex II ,
             shall consist of three parts:
      Part I: IBC DEVELOPMENT AND IMPLEMENTATION STRATEGIES shall comprise
             work required for the development of functional specifications , systems and
             operations research           towards the definition of proposals for Open Systems-
             conforming^) standards, concepts and conventions and analytical work serving the
             objective of establishing interoperability for IBC^7^ equipment and services. This
             work is to be carried out by appropriate organisations , groups and other bodies
             including , where required , contract work;
      Part II: IBC TECHNOLOGIES shall comprise R&D cooperation in IBC Technologies at
             the pre-competitive stage;
      Part     III :  PR E - NORMATIVE             FUNCTIONAL              INTEGRATION      shall comprise   pre-
             normative and pre-competitive R&D relating to cooperation in the realisation of an
             "open verification environment" designed to assess functions , operational concepts
             and     experimental        equipment        with     respect    to functional   specifications  and
             standardisation proposals arising from the work in Part I.
(6)       Open Systems-conformity stands for an international standardisation effort to make equipment and services
from different suppliers , operators and service providers interoperable .
( 7)      1BC = Integrated Broadband Communication , which stands for advanced telecommunication services relying
on high performance infrastructures .
 ---pagebreak---                                                    8
                                            Article 3
  1.     Projects relating to the Programme shall be executed, where required, by means of
         shared cost contracts . Contractors shall be expected to bear a substantial proportion
         of the costs , which should normally be at least 50% of the total expenditure.
 2.      The proposals for projects shall , as a rule, be submitted in reply to an open
         invitation to tender and involve the participation of at least two independent
         industrial partners not all established in the same Member State. The invitation to
         tender shall be published in the Official Journal of the European Communities.
 3.      In exceptional cases concerning projects indispensable for implementing key
         requirements of the workplan:
        where a proposal would involve
(i)     unreasonable burden on the participants , particularly small and medium sized
        enterprises and research establishments,
(ii ) only one independent industrial partner,
( iii )        more than one independent industrial partner established in the same Member
        State, or
 ---pagebreak---                                             9
   where an open tendering procedure would be unjustified on grounds of cost or
   efficiency, or
   where the amount of Community’s contribution to the cost does not exceed
   1 MECU ,
    it may be decided , in accordance with the procedures laid down in Article 8 , to
    depart from the general provisions set out in Article 3(1 ) and 3(2 ).
4.  The contracts for all parts of the Action Programme shall be concluded with
    network operators , research establishments , undertakings , including small and
    medium sized enterprises , and other bodies established in the Community .
                                     Article 4
    Where Framework Agreements for scientific and technical co-operation between
    non-Community European countries and the European Communities have been
    concluded , organisations and enterprises established in these countries may , in
    accordance with the procedure laid down in Articles 3 and 8 , become partners to a
    project undertaken within the programme .
                                     Article 5
1.  The    funds  estimated   necessary   for  the   Community’s    contribution to the
    implementation of the programme amounts to 550 MECU over five years ,
    including expenditure on a staff whose costs shall not exceed 4.5% of the
    Community’s contribution .
2.  The internal and indicative allocation of these funds is set out in Annex I.
 ---pagebreak---                                               10
                                       Article 6
1.   The Commission shall ensure that the programme is properly performed and
     establish the appropriate implementation measures .
2.   The Commission shall ensure close coordination with the ESPRIT programme .
     EUREKA projects and /or other European transnational cooperation projects and
     national actions and the setting UP of procedures to allow for appropriate
     cooperation with COST activities related to the areas of research covered by the
     programme, by ensuring regular exchanges of information between the Committee
     referred to in Article 7 and the relevant COST Management Committees.
3.   The Commission shall establish for each year and update as required a draft
     workplan defining the detailed objectives, the type of projects and actions to be
     undertaken and the corresponding financial plans . The Commission shall keep the
     Parliament informed of the progress of the draft workplans .
 4.  The procedure laid down in Article 8 shall apply to:
    the establishment and updating of the annual workplan referred to in Paragraph 3
    of this Article;
    any departure from the general conditions laid down in Article 3(1 ) and 3(2 );
    the evaluation of work undertaken in respect of each part of the programme by
    appropriate organisations, groups and other bodies;
    the assessment of the proposed projects for the implementation of Parts I and III
    and the Community financial contribution for a project when this contribution is in
    excess of 2.5 MECU;
 ---pagebreak---                                          π
the assessment of the proposed projects for the implementation of Part II and the
Community financial contribution for a project when this contribution is in excess
of 5 MECU ;
the participation in any project by European organisations and enterprises not
established in the Community.
 The Commission may consult the Committee referred to in Article 7 , and shall
 consult it at the request of the representatives of at least four Member States on
 any matter falling within the scope of this decision.
                                  Article 7
 The Commission shall be assisted in the performance of its tasks by a Management
 Committee , hereinafter referred to as "the Committee". The Committee, consisting
 of two representatives of each Member State, shall be set up by the Commission on
 the basis of nominations by the Member States.
 Members of the Committee may be assisted by experts or advisors depending on
 the nature of the issues under consideration .
 The Committee shall be chaired by a Commission Representative .
 The proceedings of the Committee shall be confidential . The Committee shall adopt
 its own rules of procedure . The secretarial services shall be provided by the
 Commission .
                                  Article 8
 Where the procedure laid down in this Article is to be followed , the Chairman shall
 refer the matter to the Committee , either on his own initiative or at the request of
 one of its members .
 ---pagebreak---                                            12
2.  Under this procedure, the representative of the Commission , who acts as Chairman ,
    refers the draft of the measures to be adopted to the Committee. The Committee
    delivers an opinion within a time limit   which shall normally be one months and
    shall in no case exceed two months . The opinion is delivered by the majority
    specified in Article 148(2 ) of the Treaty for decisions which the Council is
    required to adopt on a proposal from the Commission , the votes of the
    representatives of the Member States being weighted as indicated in that Article .
    The chairman does not vote .
 3. The Commission adopts the proposed measures if they are in accordance with the
    Committee’s opinion .
    If the proposed measures are not in accordance with the Committee’s opinion , or if
    no opinion is delivered, the Commission submits to the Council without delay a
    proposal. The Council acts by qualified majority.
    If the Council has not acted within a period which shall in no case exceed two
    months from the date on which the matter was referred to it, the proposed measure
    shall be adopted by the Commission for matters falling under Article 6(4 ).
 ---pagebreak---                                                     13
                                             Article 9
   1.    The programme shall be reviewed after 30 months on the basis of an evaluation of
         the results achieved in relation to the precise objectives set out in Annex II to this
         decision . The Commission shall inform the Council and European Parliament of the
         results of this ieview .
   2.    If the Commission wishes to extend the programme it shall , after consulting the
         Committee , send a report on the operation and results of the programme to the
         Member Stales and to the European Pa r liament in good time . If no extension is
         required , this report shall be submitted at the end of the period under review .
                                            Article 10
         With regard to the coordination activities provided for in Article 1(2 ), the Member
         States and the Commission shall exchange all appropriate information to which they
         have access and which they are free to disclose concerning activities in the areas
         covered by this Decision , whether or not planned or carried out under their
         authority .
         Information shall be exchanged according to a procedure to be defined by the
         Commission after consulting the Committee , and shall be treated as confidential at
         the suppliers’ request.
                                            Article 1 1
         This Decision shall apply from 1 June 1987 .
                                            Article 1 2
         This Decision is addressed to the Member States .
Done at Brussels , . 1987
                                                             For the Council
                                                             The President
 ---pagebreak---    Reexamination of the Proposal for a Council Decision for a Community action in the field
        of telecommunications ( RACE) in accordance with Article 149 2d of the Treaty
Cone .: Explanations on the Commission’s views on the amendments adopted by the
      Parliament not supported by the Commission or not in the exact form proposed.
1 . BACKGROUND
The European Parliament completed its Second Reading on the above programme on 18.11.87
based on the Common Position adopted by the Council on 28th September 1987 after
receiving the opinion of the European Parliament adopted on 17th September 1987 as part of
the First Reading^ 1). This related to the Commission proposal contained in document
COM(86) 547 final , and its Modification specifying criteria COM(87 ) 379 final following the
Decision of 13.07.87 Laying down the procedures for the exercise of implementing powers
by the Commission^2).
2 . LEGAL BASE AND LEGAL FORM
Amendment 4
Change in the legal form to Regulation .
The Commission maintained its position pointing out that it considered the Decision as
appropriate legal form since the action was addressing governments.
3 . REFERENCE TO COHESION IN ARTICLE 1
Amendment 5
Proposal to add a reference to the cohesion in Article 1 .
The Commission considers that the reference in the Framework Programme and the specific
mention in the "whereas" of RACE give adequate weight to this concern, particularly when
taking into account the regional telecommunications Programme STAR .
1)   COM(87) 460 final
(2)  OJ No. L 197 of 18.7.1987 , page 33
 ---pagebreak---                                                    2
4 . MANAGEMENT ASPECTS
Amendment 6
Reintroduction of the text of Article 3.2 proposed in COM(86 ) 547 relating to the tendering
procedure .
The difference of the formulation is in the view of the Commission of an editorial nature .
Harmonisation of texts covering the same subject matter in different programmes is given
preference , ie to the editorial form contained in the Common Position .
Amendment 7
Reintroduction of the criteria for the exeption from the general rules proposed by the
Commission in COM(87 ) 379 .
The more precise formulation of the criteria contained in the Common Position conforms , in
the view of the Commission , to the specific needs of the Programme RACE.
Amendment 9
Introduction of a reference to the need for good coordination with ESPRIT and EUREKA .
This amendment is supported by the Commission but taken into account by the revised
formulation of Article 6.2
Amendment 10
Reintroduction of the Article 6.2 of COM(86 ) 547 as amended by the Parliament in the
First Reading concerning the duties of the Commission with respect to the Workplan and
Financeplan .
The Commission supports this amendment but in the context of the new formulation of the
Article 6.3 of the Common Position.
Amendment 1 1
Reintroduction of the Article 6.3 of COM(86 ) 547 concerning the duties of the committee .
The Commission supports the more precise definition of the duties of the committee in Article
6.4 of the Common Position .
Amendment 12
Reintroduction of the Article 8 text of COM(86 ) 547 corresponing to Variant Ila of the
Comitology .
Parliament and Commission consider Illb as inacceplable and share a clear preference for
Ila. However , in view of the specific nature of the Programme RACE, the strategic
implications of some of the technical choices the Commission will look for compromise
between Ila and Illb .
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