CELEX: 51990PC0157
Language: en
Date: 1990-05-28
Title: PROPOSAL FOR A COUNCIL DECISION ADOPTING A SPECIFIC RESEARCH AND TECHNOLOGICAL DEVELOPMENT PROGRAMME IN THE FIELD OF MEASUREMENTS AND TESTING ( 1990-1994 )

16. 7. 90                                Official Journal of the European Communities                                  N o 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,                                Whereas, pursuant to Article 4 of and Annex I to
                                                                        Decision 90/221/Euratom, EEC, the amount deemed
Having regard to the Treaty establishing the European                   necessary for the whole framework programme includes
Economic Community, and in particular Article 130q                      an amount of ECU 57 million for the centralized dis-
(2) thereof,                                                            semination and exploitation of results, to be divided up
                                                                        in proportion to the amount envisaged for each activity;
Having regard to the proposal from the Commission,                      whereas in view of the importance of this specific
                                                                        programme within the 'Industrial and materials tech-
In cooperation with the European Parliament,                            nologies' action the estimate of the financial resources
                                                                        needed by this programme is to be reduced by ECU
Having regard to the opinion of the Economic and                        500 000, which amount is to be allocated to the central-
Social Committee,                                                       ized activities, in order to comply with the second
                                                                        sentence of Article 130p (2) of the Treaty;
Whereas, by Decision 90/221/Euratom, EEC( 1 ), the
Council adopted a third framework programme for
Community activities in the field of research and tech-                 Whereas this programme must be implemented by the
nological development (1990 to 1994), specifying inter                  Commission; whereas, to help accomplish this, the
alia the actions required, for improved harmonization,                  Member States are bound, pursuant to Article 5 of the
of testing methods, of measurements and analysis, for                   Treaty, to facilitate the achievement of its tasks, where
the elimination of certain barriers to trade in the large               necessary, notably within a committee;
internal market; whereas this Decision should be taken
in the light of the grounds set out in the preamble to                  Whereas this programme must be implemented essen-
that Decision;                                                          tially by the selection of research and development
                                                                        projects to enable them to benefit from Community
Whereas Article 130k of the Treaty stipulates that the                  participation; whereas the Commission should encour-
framework programme is to be implemented through                        age the submission of such projects by the usual means
specific programmes developed within each activity;                     of publishing calls for proposals in the Official Journal
                                                                        of the European Communities; whereas a special pro-
Whereas the Joint Research Centre contributes to the                    cedure should also be devised so as to maintain a degree
realization of these actions, by means of its own pro-                  of flexibility enabling the Commission, in the face of
gramme;                                                                 the continuous evolution and gradual acceleration of
                                                                        technological progress, also to take into consideration
Whereas an estimate should be made of the amount of                     spontaneous proposals consistent with the objectives of
Community financial resources needed to carry out this                  the programme;
specific programme; whereas the definitive amounts
will be fixed by the budgetary authority in line with                   Whereas the projects to be carried out under the pro-
the financial perspectives covering the period 1988 to                  gramme must be selected with special attention to the
 1992 included in the Interinstitutional Agreement of                   principle of economic and social cohesion in the Com-
29 June 1988 (2) and with any future financial perspec-                 munity, the transnational nature of the projects and
tives covering the period 1993 to 1994;                                 the support to be given to small and medium-sized
                                                                        enterprises;
 (!) OJ No L 117, 8. 5. 1990, p. 28.                                    Whereas it is only in the light of experience gathered
 (2) OJ No L 185, 15. 7. 1988, p. 33.                                   in the course of this programme that the Commission
 ---pagebreak---  No C 174/36                          Official Journal of the European Communities                                  16. 7. 90
  will be able to propose and the Council to adopt sup-           5. The budgetary authority shall decide on the appro-
  plementary programmes by having recourse to the                 priations available for each financial year.
  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                                   Article 3
  made available by Article 2 (2) of Decision 90/221/
  Euratom, EEC;                                                   Rules for the implementation of the programme are set
                                                                 out in Annex III.
 Whereas, in accordance with Article 130g of the Treaty,
 the Community's activities aimed at strengthening the
 scientific and technological basis of European industry                                  Article 4
 and encouraging it to become more competitive include
 promoting cooperation on research and technological
 development with third countries and international              The rate of the Community financial contribution shall
 organizations; whereas such cooperation may prove               be laid down in accordance with Annex IV to Decision
 particularly beneficial for the development of this pro-        90/221/Euratom, EEC.
 gramme;
 Whereas it is necessary, as Annex II to Decision                                         Article 5
 90/221/Euratom, EEC, provides, that the laboratories
 of the Member States are equipped with the technical             1. During 1992 the Commission shall review the pro-
 means necessary to carry out measurements and tests             gramme and address a report on the results of the
 in a harmonized manner and are able to have the                 review to the Council and the European Parliament,
 validity of their respective results recognized;                together with proposals for any necessary changes.
 Whereas the Scientific and Technical Research Com-              2. At the end of the programme the Commission shall
 mittee (Crest) has been consulted,                              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
 HAS ADOPTED THIS DECISION:                                      objectives set out in Annex I to this Decision and
                                                                 in accordance with Article 2 (4) of Decision 90/221/
                                                                 Euratom, EEC.
                          Article 1
A specific research and technological development pro-
                                                                                          Article 6
gramme 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           1. The Commission shall be responsible for the
as from 1 January 1990.                                          execution of the programme. It shall be assisted by
                                                                 an advisory committee, hereinafter referred to as 'the
                                                                 Committee', composed of representatives of the Mem-
                          Article 2                              ber States and chaired by a representative of the Com-
                                                                 mission.
 1. The Community funds estimated as necessary for
the execution of the programme under this Decision               2. The contracts concluded by the Commission shall
amount to ECU 140 million. This amount includes ECU             govern the rights and obligations of each party, includ-
50 million, for carrying out the actions instituted by          ing the procedures for disseminating, protecting and
this Decision, and ECU 90 million, related to activities        exploiting the research results, in accordance with the
by which the JRC contributes to this programme and              arrangements adopted pursuant to the second para-
which will be the objective of a separate decision by           graph of Article 130k of the Treaty.
the Council.
                                                                3. A work programme for each year shall be drawn
2. Of the specified funds of ECU 50 million, the sum            up and updated where necessary. It shall set out the
of ECU 500 000 is deducted for the centralized action           detailed objectives and types of projects to be under-
of dissemination and exploitation. The amount thus              taken, and the financial arrangements to be made for
reduced to ECU 49 500 000 includes expenditure on               them. The Commission shall make calls for proposals
staff up a maximum of 16 %.                                     for projects on the basis of the annual work pro-
                                                                grammes.
3. An indicative allocation of funds is set out in
Annex II.
                                                                                         Article 7
4. Should the Council take a decision in implemen-
tation of Article 1 (4) of Decision 90/221/Euratom,             1. In the cases referred to in Article 8 (1), the represen-
EEC, this decision shall be adapted to take account of          tative of the Commission shall submit to the Committee
the abovementioned Decision.                                    a draft of the measures to be taken. The Committee
 ---pagebreak--- 16. 7. 90                                Official Journal of the European Communities                                     No C 174/37
shall deliver its opinion on this within a time limit                    — draft calls for proposals, referred to in Article 6 (3),
which the chairman may set in accordance with the
urgency of the matter, if necessary by holding a vote.                   — projects, referred to in point 2 of Annex III, submit-
                                                                             ted through the ordinary procedure, for which the
2. The opinion shall be entered in the minutes; in                           Community contribution is less than ECU 5 million,
addition, each Member State shall have the right to ask                      and the results of their evaluation,
for its position to appear in the minutes.                               — accompanying measures, referred to in point 2 of
                                                                             Annex HI,
3. The Commission shall take the fullest account of
the opinion delivered by the Committee. It shall inform                  — concerted actions, referred to in point 2 of Annex III.
the Committee of the way in which it has taken account
of the opinion.
                                                                                                     Article 9
                             Article 8
                                                                         In implementing this programme, supplementary pro-
                                                                         grammes within the meaning of Article 1301, partici-
1. The procedure laid down in Article 7 shall apply                      pation within the meaning of Article 130m and joint
to:                                                                      undertakings or any other structures within the mean-
— the preparation and updating of the work pro-                          ing of Article 130o of the Treaty may also be decided
    grammes referred to in Article 6 (3),                                on as the need arises.
— evaluation of the projects referred to in point 2 of
    Annex III, as well as the estimated amount of the                                               Article 10
    Community's financial contribution when these
    projects are submitted through the ordinary pro-                     Where cooperation with third countries and inter-
    cedure referred to in point 4 of Annex III and the                   national organizations aiming at achieving the objec-
    abovementioned amount is more than ECU                               tives of this programme requires legal undertakings
    5 million,                                                           between the Community and the third parties con-
— evaluation of all projects submitted through the                       cerned, the Commission shall be authorized to nego-
    exceptional procedure referred to in point 4 of                      tiate, in accordance with Article 130n of the Treaty,
    Annex III, as well as the estimated amount of the                    international agreements laying down the terms of such
    Community's financial contribution,                                  cooperation.
— measures for evaluating the programme.                                 Decisions on the conclusion of such agreements shall
                                                                         be adopted in accordance with the procedure referred
2. The Commission may consult the Committee on                           to in Article 130q (2) of the Treaty.
any matter falling within the scope of the programme.
3. The Commission shall inform the Committee with                                                   Article 11
regard to:
— the progress of the programme,                                         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.
 ---pagebreak--- 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 standardiz-
           ation, 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 pro-
          grammes); 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.
 ---pagebreak--- 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, manage-
              ment 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 administrat-
              ive 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.
 ---pagebreak--- N o 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,                                Title VII of the Treaty; whereas this decision should be
                                                                        taken in the light of the grounds set out in the preamble
Having regard to the Treaty establishing the European                   to that Decision;
Economic Community, and in particular Article 130q
(2) thereof,                                                            Whereas Article 130k of the Treaty stipulates that the
                                                                        framework programme is to be implemented through
Having regard to the proposal from the Commission,                      specific programmes developed within each activity;
In cooperation with the European Parliament,                            Whereas the Joint Research Centre shall contribute
                                                                        through its own programme to the implementation of
Having regard to the opinion of the Economic and                        the aforesaid activities;
Social Committee,
                                                                        Whereas an estimate should be made of the amount of
Whereas by Decision 90/221/Euratom, EEC( 1 ), the                       Community financial resources needed to carry out this
Council adopted a third framework programme for                         specific programme; whereas the definitive amounts
Community activities in the field of research and tech-                 will be fixed by the budgetary authority in line with
nological development (1990 to 1994), specifying inter                  the financial perspectives covering the period 1988 to
alia the activities to be pursued for developing the                    1992 included in the Interinstitutional Agreement of
scientific knowledge and technical know-how needed                      29 June 1988 (2) and with any future financial perspec-
by the Community, in particular to carry out its role                   tives covering the period 1993 to 1994;
relating to the environment according to Part Three,
(!) OJ No L 117, 8. 5. 1990, p. 28.                                     (2) OJ No L 185, 15. 7. 1988, p. 33.