94/763/EC: Council Decision of 21 November 1994 concerning the rules for the participation of undertakings, research centres and universities in research, technological development and demonstration activities of the European Community

COUNCIL DECISION of 21 November 1994 concerning the rules for the participation of undertakings, research centres and universities in research, technological development and demonstration activities of the European Community (94/763/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 130j in conjunction with the second paragraph of Article 130o thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
Acting in accordance with the procedure referred to in Article 189c of the Treaty (3),
Whereas Title XV of the Treaty sets out a coherent framework of provisions for Community actions in the field of research and technological development;
Whereas Article 130f of the Treaty states that the Community shall encourage undertakings, including small and medium-sized undertakings, research centres and universities in their research and technological development activities and shall support  their efforts to cooperate with one another;
Whereas Article 130i of the Treaty provides for a multiannual framework programme setting out all the activities of the Community in the field of research, technological development and demonstration (hereinafter referred to as 'RTD');
Whereas the fourth framework programme of the European Community activities in the field of research and technological development and demonstration (1994 to 1998) was adopted by Decision No 1110/94/EC of the European Parliament and of the Council of 26  April 1994 (4);
Whereas this framework programme specifies the conditions for financial participation by the Community in RTD activities implemented by third parties and by the Joint Research Centre (hereinafter referred to as 'the JRC') on the same basis as third  parties;
Whereas Article 130j of the Treaty states that for the implementation of the multiannual framework programme the Council shall determine the rules for the participation of undertakings, research centres and universities;
Whereas Article 130i of the Treaty states that the framework programme is to be implemented through specific programmes; whereas the specific programmes are to be adopted in accordance with the provisions of paragraph 4 of that Article ;
Whereas Article 130m of the Treaty states that in implementing the multiannual framework programme the Community may make provision for cooperation in Community research, technological development and demonstration with third countries or international  organizations; whereas the framework programme for 1994 to 1998 provides for such cooperation; whereas it is necessary to take this into account in establishing the rules for participation of undertakings, research centres and universities;
Whereas the Community financial participation must normally be paid to participants on the basis of the justification of actual costs; whereas other methods, including fixed rates, may be agreed, where appropriate;
Whereas it is necessary that the specific RTD programme should be able to detail, supplement, or subject to conditions or limitations the rules laid down by this Decision as regards the participation of undertakings, research centres and universities to  the extent necessary for implementing objectives or measures specific to those programmes;
Whereas RTD activities must be implemented in accordance with the principles of sound financial management and in particular those of economy and cost effectiveness as provided for in the Financial Regulation applicable to the general budget of the  European Communities,