COUNCIL DECISION of 20 November 1989 on a specific research and technological development programme of the European Economic Community in the fields of raw materials and recycling (1990 to 1992) (89/626/EEC)
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(1),
In cooperation with the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas Article 130k of the Treaty provides that the Framework Programme shall be implemented through specific programmes developed within each activity;
Whereas, by its Decision 87/516/Euratom/EEC(4), as amended by Decision 88/193/Euratom(5), the Council adopted a Framework Programme for Community activities in the field of research and technological development (1987 to 1991) providing inter alia for  activities in the fields of raw materials and recycling;
Whereas that Decision provides that a particular aim of Community research shall be to contribute to the competitiveness of traditional and new industrial sectors of the Community, by satisfying their requirements in raw materials and recycling;
Whereas that Decision stipulates that a particular aim of Community research must be to strengthen the scientific and technological basis of European industry, particularly in strategic sectors of advanced technology, and to encourage it to become more  competitive at international level, and 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 the raw materials and recycling programme is planned to contribute to the pursuit of these objectives;
Whereas it is desirable to involve small and medium sized enterprises (SMEs) in the programme and to provide SMEs with a maximum amount of information on the results of the programme;Whereas by Decision 86/235/EEC(6) the Council adopted a research  programme on materials (raw materials and advanced materials) (1986 to 1989), and the ongoing research activities have clearly demonstrated the utility of Community actions in the fields of raw materials and recycling;
Whereas it is necessary to react adequately to the interest shown by the industry in transnational cooperation;
Whereas it is in the Community's interest to consolidate the scientific and technical basis of European Research by means of the involvement of EFTA countries in the programme and whereas the participation of organizations and enterprises from EFTA  countries in the industrially oriented research and development (R &  D) projects
under appropriate conditions, may contribute to the competitiveness of industry as a whole;
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 given its opinion,
A specific research and technological development programme for the European Economic Community in the fields of raw materials and recycling, as defined in Annex I, is hereby adopted for a period of three years, from 1 January 1990.
The funds estimated as necessary for the execution of the programme amount to ECU 45 million, including expenditure on a staff of 17.
An indicative allocation of these funds is set out in
Annex I.
Detailed rules for the implementation of the programme and the rate of the Community's financial participation are set out in Annex II.
1.  In the second year of the implementation of the programme, the Commission shall review it and send a report on the results of its review to the European Parliament and to the Council. This report shall be accompanied, where necessary, by  proposals for amendment or extension of the programme.
2.  At the end of the programme, an evaluation of the results achieved shall be conducted by the Commission which shall report thereon to the European Parliament and the Council.
3.  The abovementioned reports shall be established having regard to the objectives and criteria set out in
Annex III to this Decision and in accordance with Article 2 (2) of Decision 87/516/Euratom, EEC.
1.  The Commission shall be responsible for the execution of the programme.
2.  The Commission shall be assisted by a Committee of an advisory nature, hereinafter referred to as the Committee composed of the representatives of the Member States and chaired by the representative of the Commission.
3.  Contracts concluded by the Commission shall govern the rights and obligations of each party, in particular arrangements for the dissemination, protection and exploitation of research results.
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 within a time limit which the Chairman may lay down according to urgency of the matter, if  necessary, by taking a vote.
2.  The opinion shall be recorded in the minutes of the Committee; in addition, each Member State shall have the right to have its opinion recorded in the minutes.
3.  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.
The procedures laid down in Article 6 shall apply in particular to:
-the contents of the calls for proposals,
-the assessment of the proposed projects and the estimated amount of the Community's contribution to them,
-the implementation of concerted actions,
-departures from the general rules governing Community participation set out in Annex II,
-the participation in any project by non-Community organizations and enterprises referred to in Article 8 (2),
-any adaptation of the indicative allocation of funds set out in Annex I,
-the measures to be undertaken to evaluate the programme,
-arrangements for the dissemination, protection and exploitation of the results of research carried out under the programme.
1.  For those parts of the programme relating to renewable raw materials, forestry and wood products and recycling of waste, the Commission is authorized to negotiate, in accordance with Article 130n of the Treaty, agreements with  international organizations, those non-member States participating in European Cooperation in the field of scientific and technological research (COST) and those European countries having concluded framework agreements in scientific and technical  cooperation with the Community, with a view to associating them wholly or partly with the programme.
2.  Where framework agreements for scientific and technical cooperation between European non-member
States and the European Communities have been concluded, organizations and enterprises established in
those countries may, on the basis of the criterion of mutual benefit, become partners in a project undertaken within the programme.
No contracting party based outside the Community and participating as a partner in a project undertaken under the programme may benefit from the Community financing of the programme. Such contracting party shall contribute to the general administrative  expenses.
This Decision is addressed to the Member States.